Draft
LAW ON RELIGIOUS FREEDOM AND LEGAL
STATUS OF RELIGIOUS COMMUNITIES IN KOSOVO
Assembly of Kosovo,
Pursuant to Regulation No. 2001/9 on the
Constitutional Framework for Provisional Self-Government in Kosovo, in
particular provisions of Articles No. 3.1,
3.2 and 5.7, and standards on human rights and liberties covered by
international and regional declarations and conventions under the competence of
the Council of Europe;
Proceeding from the fact that freedom of religion
is a fundamental human right, among other internationally recognized
fundamental principals and standards on the freedom of expression, conscience
and religion,
Affirming the right of all,
without discrimination on any ground and
in full equality before the law, to freedom of expression, conscience and religion, regardless of
religious conviction or conscience;
Proceeding from the common life, the cultural
heritage and the religious life in Kosovo
Aware of our heritage and the
traditional values of tolerance, common life and the multi-religious character
of Kosovo,
Endeavoring to define unique legal
provisions, which will provide equal rights and obligations
to religious communities, without any discrimination,
Recognizing the
importance for further progress of mutual understanding, tolerance and
awareness, and respect of the freedom of expression, conscience and religion;
Approves:
GENERAL PROVISIONS
Definitions
Article 1
For the purposes of this
Law the terms used
have the following meaning:
“Religious community” means a community of natural
persons, of believers who express the same religious feelings or beliefs and
have been recorded in the Registry of religious communities;
“Union of natural persons“ means a non-formal group of
individuals, associations or non-governmental organizations, members of which
express the same religious feelings, beliefs and their will to establish a
religious community, but which at the time of entry into force of this Law has
not been registered as religious community.
“
Article 2
This
Law shall assure: the freedom of religion and conscience for all, including
understanding, tolerance and mutual respect associated with all issues related
to the freedom of religion and conscience; establishment and termination of
religious communities; conditions for performing religious activities,
ceremonies and religious rituals; establishment and the work of educational
religious institutions and dormitories; edition of religious publications and
other issues related to the legal status of religious communities, without any
discrimination.
Article 3
1.
The right to freedom of thought, conscience, religion or belief shall include,
inter alia, the following freedoms:
a. To worship or assemble in
connection with a religion or belief, and to establish and maintain places for
these purposes;
b. To establish and govern charitable
or humanitarian institutions
c. To make, acquire and use to an
adequate extent, the necessary articles and materials related to the rites or
customs of a religion or belief;
d. To write, issue and disseminate
relevant publications in these areas;
e. To teach a religion or belief in
places suitable for these purposes;
f. To solicit and receive financial
contributions and other voluntary contributions from individuals and
institutions;
g. To train, appoint, elect or
designate by succession appropriate leaders called for by the requirements and
standards of any religion or belief;
h. To respect days of rest and to
celebrate holidays and ceremonies in accordance with the precepts of one's
religion or belief;
i.
To establish and maintain communications with individuals and communities
in matters of religion and belief at the national and international levels”
2.
The freedom to express one’s religious beliefs shall only be subject to
limitations provided by the law and which are necessary for a democratic
society to ensure public order and safety, to protect public health and moral,
human rights and fundamental freedoms of other people.
3.
No person shall be obliged to provide information on his or her religion or
membership to a religious community or union of natural persons or union of
religious communities, with the following exceptions:
a)
Article 30, paragraph 3 and
b) in case one is accused at a judicial criminal procedure and
a confirmation is needed whether the motivation of the criminal offence is
based on religious intolerance; when one is accused of serious criminal act,
which violates values of democratic societies, under Paragraph 2 of this
Article; or by an injured party.
Article 4
1. Any person is free to
become a member of a religious community, to remain a member of the same
community or to leave it;
2. No one shall hinder any
person to participate in religious ceremonies or other forms related to
manifestation of religious feelings.
3. No person shall be
forced to participate in religious ceremonies or in other related forms of
manifestation of religious feelings.
Article 5
All persons, regardless of their belief or
conviction or affiliation to any religious community, or participation in any
religious ceremony, are equal before the law and are entitled to the same
rights in their civil, political, economic, social and cultural life. All legal
and natural persons are entitled to equal protection before the law.
Article 6
1. Any form of discrimination, based on faith or conviction, is
prohibited.
2. Assault and offense of religious officials,
destruction of religious facilities or other property of a religious community;
activities or acts aiming the instigation of religious hatred against any
religious community or their members; are punished under the Criminal Code of
Kosovo.
3. Engagement of religious institutions or
religious ceremonies, religious publication, religious teaching, and expression
of other forms of religious feelings for activities reserved for political
parties, is prohibited.
4. Obstruction of religious gatherings and other
activities under Paragraph 3 of this Article is also prohibited, unless their
organization and manifestation is contrary to this Law.
Article 7
1.
A religious community accomplishes the right of freedom by publicly performing
religious ceremonies and other religious manifestations of the concerned
religion, registered in the Registry of Religious Communities in Kosovo.
2.
Religious communities shall have the status of a legal person.
3.
Religious communities are separated from public authorities.
Article 8
Religious
communities shall autonomously and freely determine: internal organization, management bodies,
their hierarchy and competences; bodies and persons that will represent the
religious community and its organizational forms; the content and manner of
expression of religion, in compliance with the established code on the rights
and duties of its members, which should be in compliance with the nature of the
mission and other provisions of the relevant religious community, determine
maintenance of relationship with their centre and other religious communities;
association with other religious communities and other issues of their
activities.
Article 9
1.
The leader of a religious community shall be appointed by the representative
within religious community structure
2.
The religious community leader should be a citizen of Kosovo.
Article 10
1.
A religious community, during the expression of its faith and other activities,
shall not spread intolerance and prejudices towards other religious communities
and their believers or other citizens.
2. The religious community
when expressing its faith and performing its other activities should not
disrupt other religious communities, or citizens without religious convictions,
in public manifestation of religion or other conviction.
3. The religious community shall not act during the
performance of religious ceremonies and their practice contrary to the legal
order, public moral or to the detriment of the life and health or rights and
other rights and freedoms of its believers and other citizens.
Article 11
1.
Religious communities which act as legal persons in Kosovo on the date of entry
of this Law into force (hereinafter: Existing religious communities) shall
apply for registration by presenting an application request.
2. Community of natural persons; which exists on the day
this Law enters into force, but which does not have the statute of religious
community or which will be established after the entrance into force of the
present Law (hereinafter: New Religious Community), may be registered in the
Registry by submitting their requests for registration.
3. The request for registration
shall be submitted to by the religious community, which has been carrying out
its activities for at least five years.
Article 12
1.
The registration shall be maintained by the Ministry of Public Services
(hereinafter: the Ministry).
2.
Apart from new religious communities, under conditions and in the manner this
Law provides for the registration of existing religious communities, other
organizational forms may be registered in the Registry which the religious
community requires (schools, institutions, and dormitories etc).
3.
Religious communities, communities of natural persons with their organizational
forms and union of religious communities are non-profitable legal persons.
Article 13
1. The Law does not neither hinder nor limit the
establishment and operation of associations, which are established by natural
persons because of their convictions and freedom of expression of religion.
2. Associations under paragraph 1 of the present
Article do not have the position of a religious community and can not
benefit rights that religious community have according to the present Law.
Article 14
1.
A religious community, in its public activity, besides the designation in
Albanian, English and Serbian, may also use other designations in other
languages and alphabets.
2. Designation of religious communities should contain
the word “Kosovo”.
3.
A religious community, which in accordance with the rights of the religious
community is part of the religious community with its seat outside the
4.
Designation of new religious communities shall not be the same as the name and
stamp of a religious community, which has already been recorded in the
Registry.
Article 15
1.
The Government of Kosovo may consult religious communities regarding issues of
common interest to Kosovo.
2.
Concerning implementation of acts that regulate relations of Kosovo and
religious communities, and other important issues pertaining to the status and
activities of religious communities, the Government of Kosovo shall establish
the Committee for Relations with Religious Communities.
3.
The Commission under paragraph 2 of the present Article shall consist of
members of religious communities and the Government
The
number of members shall be set forth by a Decision of the Government
II. SPECIAL PROVISIONS
Religious ceremonies
Article 16
1.
Religious communities shall freely perform religious ceremonies and other
activities in buildings designated for this purpose or in their own premises,
or the ones rented or contracted, which pursuant to special provisions meet
requirements for gatherings of a number of people, as well as in outdoor
religious premises or in cemeteries.
2.
Religious ceremonies may also be performed in other open spaces outside
religious premises, in other open religious premises, subject to the applicable
conditions and rules for public religious ceremonies.
Article 17
1.Baptizing (including water baptizing) of minors may be performed upon the
request of their parents and guardians. If a minor is older than fifteen (15)
years, his consent is required.
2. Circumcision of male children may be
performed upon the request of their parents and guardians. If a male children is older than fifteen (15) years, his
consent is required.
3.
For religious ceremonies under Paragraph 1 and 2 of the present Article, necessary
hygienic and medical conditions are required to be provided.
Article 18
Wedding, according to religious ceremonies, may take place
only after the marriage has been solemnized before the municipal competent
body, pursuant to the Law on Marriage, whereas baptizing may be performed only
upon registration in the Registry of Births.
Religious schools, faculties and
dormitories
Article 19
Religious
communities, pursuant to the Law, are free to establish religious schools and
faculties of any level, as well as religious institutes.
Article 20
Religious
communities together with religious schools and faculties, pursuant to the law,
may establish dormitories and similar institutions for accommodation and food
services for attendees of such schools or faculties.
Editions and publications of religious communities
Article 20
Religious communities, religious schools, faculties and
religious institutes at all levels, are entitled to religious publishing
activities in the press, and religious distribution in an electronic form.
Concerning the publishing of religious materials and distribution of
information mutatis mutandis shall
apply relevant provisions of the Law on Printing Activities and the Law on
Public Information.
.
Sanctity
of areas of religious communities
Article 22
Buildings
and premises dedicated for the performance of religious ceremonies are
considered sacred as regards intervention of governmental authorities, unless
illegal activities are carried out in such premises or use them to give shelter
to persons wanted by police.
Religious care in health care and social care institutions
Article 23
Believers
held for treatment in health care or social care institutions shall be
guaranteed the right to practice their religion, including the right to
communication with their spiritual leaders.
Religious care for persons
deprived of freedom, members of Kosovo Protection Corps and Police
Article 24
The manner for underpinning the right for exercising the
religion by believers in Kosovo Protection Corpses, Police and people held in
correctional institutions and prison is under the reserved competence of the
SRSG.
Resources of religious communities.
Article 25
1.
The religious community may establish funds from:
a. Incomes of its property;
b. Educational, artistic and other
teaching activities, which are generally beneficial to them, as well as by
selling religious publications and souvenirs;
c. The performance of religious
services;
d. Heritage and gifts; and
e. Voluntary contributions (given as
money, services or work) of natural or legal persons.
2. Religious communities may receive funds from the
Kosovo Consolidated Budget, the amount of which shall be based on, but not
limited only to the following criteria: the type and importance of activities
in religious premises (cultural, historical, artistic etc.), the activities in
educational, social, health and cultural field, the general number of their
members, humanitarian activities and the overall contribution of the religious
community to the society as a whole.
3.
The government, namely the Commission on the Relationship of Religious
Communities shall supervise expenditures of financial resources allocated from
the Budget.
Article 26
1.
Issues related to duties, taxes and customs which is
related to the religious communities, shall be governed by the applicable law.
Social care rights of religious
employees and attendees of religious schools and faculties
Article 27
1.
Ministers and other clerks of religious communities enjoy the right to pension,
health insurance and other rights based on the applicable law on social care
pension.
2. For implementation of their
religious business and other works, religious communities may enter into legal
relations and conclude business contracts with the religious personnel and
other employees. The religious personnel and other employees, which the
religious community has concluded business with,
realize their rights pursuant to the work relations and the work performed,
similar to other employed persons.
3.
Regular attendees of religious schools and religious faculties are entitled to
their health security rights, child benefits, pension and disability insurance,
social assistance rights and public traffic rights, under the same manner and
terms realized by attendees of public schools and faculties.
Access of religious communities to
means of public information
Article 28
The
religious community shall practice public information activities in compliance
with the applicable law.
III REGISTRATION OF
RELIGIOUS COMMUNITIES
Registration in the Register
Article 29
Existing
religious communities shall submit to the Ministry data concerning:
a. designation of the religious
community;
b. the seat of the religious
community;
c. authorized persons who will
represent the community; and
d. The stamp and emblem used by the
religious community, by handing in the symbol.
Article
30
1. New religious communities shall be recorded in the
Registry upon submission of their registration request, which shall contain
data under Article 29 of this Law.
2. In addition to registration request, the following
should be submitted:
a.
statement of the representative of the religious community indicating that the
religious community has at least 500 believers;
b.
An act indicating the content and manner of
their religious manifestation, performance of their religious activities, and
their organizational and functional structure;
3. Upon the registration of a religious community, the
competent body is entitled to verify the number of religious community
believers. The data which the competent body and the
religious community regarding religious pertaining of individuals are
confidential.
4. If the
newly established religious community, pursuant to the rights of the religious
community seated abroad is part of that community, the registration request
must be accompanied by the consent of the central competent authority of the
religious community abroad.
Article
31
1.
The Ministry shall decide on the request of the religious community for
registration in the religious community Registry, within sixty (60) working
days after the submission of request.
The
Ministry, by a ruling on the registration of the religious community in the
Registry shall confirm:
a.
The
designation and the seat of the religious community;
b. Date of registration and the file number under
which the religious community has been registered ;
c.
The
confirmation that the religious community
on the day of its registration shall
obtain the legal capacity in conformity with law; and
d.
The authorized person’s service in order to represent the religious
community.
3.. The request for
registration in the Registry shall be refused if the Ministry deems that the
content and form of practicing religious ceremonies and other manifestations
are in contravention with the legal order and public moral, or are detrimental
to the life and health or to the rights and freedoms of worshiper and other
citizens, or conditions set out under Article 14 of this Law have not been met.
4. Against the ruling on the registration or refusal of registration in the register an administrative dispute may be initiated pursuant to the Law on administrative procedure.
Removal from the Registry
Article 32
1.
Removal of religious communities from the Registry shall take place in the
following cases:
a. When the competent body of a religious community makes a decision on
its termination;
b. When the judicial authority proves by a final decision that the activity of the
religious community evokes or incites religious, national, or racial hatred, or
any other form of intolerance between Kosovo citizens.
c. When the activity of the
religious community is in contravention with public order, public moral, or is detrimental to
the health people or human rights and freedoms of other believers or citizens.
2.
A court proceedings for the verification of proofs under Article 31, Paragraph
1, item b and c, shall be initiated by the competent Ministry before the
District Court.
3.For appeal against the District Court ruling, the Supreme Court of
Kosovo render a decision
Article 33
1.
If the religious community ceases to exist, the liquidation procedure shall be
applied for its cessation.
2.
After the religious community debts have been cleared, in accordance with
religious community acts, a decision will be made concerning its remaining
assets. When by acts of the religious community nothing has been determined,
assets of the religious community shall be become property of Kosovo.
Article 34
The
competent Ministry shall supervise implementation of this Law.
Article 35
1.
The Ministry shall determine, by an administrative instruction, forms and the
manner of record-keeping for religious communities.
2.
The Registry shall be accessible to public.
3.
Religious communities are obliged to enter in the registry any amended data
referred to in Article 31 of the present Law.
Article 36
Provisions
of this law, which regulate the rights and obligations of religious
communities, shall be implemented mutatis
mutandis towards the organizational units of the religious community and
the
Article 37
Issues
for Registration procedures or removal from the Registry, which are not regulated
by the present Law, provisions of the Law on General Administrative Procedure
shall be applied.
IV TRANSITIONAL AND FINAL
PROVISIONS
Article 38
1.
Existing religious communities are obliged, under Article 29 of this Law, to
submit the data to the Ministry with a six (6) months period from the day the
administrative instruction enters into force, pursuant to Article 35, Paragraph
1 of this Law.
2.
If existing religious communities act contrary to
paragraph 1 of the present Article, they will not be able to acquire the rights
they are entitled to pursuant to the provisions of this Law, unless there is an
objective reason for not being able to meet the deadline.
Article 39
Within
six (6) months period, when the present Law enters into force, the competent
Ministry shall issue necessary bylaws for the implementation of this Law.
Article 40
The
day this Law enters into force, all legal provisions regulating the field of this
Law shall cease to be effective.
Article 41
This
Law enters into force when approved by the Assembly, signed by the President of
the Assembly and upon its promulgation by the SRSG.