section: news
11.12.2009
Contemporary persecutions of the Orthodox Church: the Macedonian Schism
On 19th November, in the temple of St Thomas, in Moscow, the dean of the temple, Fr. Daniil Sysoev was murdered.
Father Daniil was a fervent pastor. He published a significant number of printed works, and was especially successful in public verbal debates with different non-orthodox representatives.
Father Daniil Sysoev showed special love for the Orthodox Ohrid Archbishopric. Giving a great support to the canonical orthodoxy in R. Macedonia, he visited the Orthodox Ohrid Archbishopric on several occasions, he met and talked with His Beatitude Archbishop of Ohrid and Metropolitan of Skopje k.k. Jovan, with a spiritual zeal he did missionary work among the MOC schismatic, drawing attention to the tragic path of the schism, opposed to the salvation in the Church.
Exactly for this purpose, together with Professor Yurij Maximov, Father Daniil Sysoev authored the documentary which we present below. It is filmed on locations in R. Macedonia, but also in Moscow, in front of the temple in which, according to the Moscow investigation officials, he was murdered by Islamic fanatics.
Contemporary persecutions of the Orthodox Church: The Macedonian Schism
section: news
27.10.2009
U.S. State Department on the restrictions of religious freedom in R. Macedonia
On 26th October, the U.S. State Department published its Religious Freedom Report 2009 for Macedonia. A significant part of the Report is dedicated exactly to the restrictions of the religious freedom that the Government of R. Macedonia is imposing upon the Archbishop of Ohrid and Metropolitan of Skopje Jovan and the Orthodox Ohrid Archbishopric.
As the State Department points out, one of the restrictions is ”the lack of effective implementation of the registration portion of the 2007 legal status law”. This restriction “severely hindered new registrants' ability to acquire legal standing.”
In the Report it is stressed that “Skopje Court II assigned the registration process to a single judge, who did not meet the timelines required by the law, leaving many applicants waiting months without information. The judge in charge and the president of the court also stated that they would seek to ensure that sources of teaching and liturgy for new registrants are different from those of existing registrants, seemingly intending to protect the autonomy of already-registered groups and contrary to the spirit of the law.”
The U.S. State Department also accents the following: ”During the reporting period, the court approved two new applicants, and rejected or did not act on applications from 11 religious communities. Some restrictions related to its status as an unregistered group continued to be applied to the ‘Orthodox Archbishopric of Ohrid’, which denies the MOC's self-declared autocephaly (also not recognized by other Orthodox churches). “
In the report it is indicated that the Orthodox Ohrid Archbishopric is lead by the Archbishop Jovan and is recognized as an Archbishopric by the Serbian Orthodox Church. It is emphasized also that “members of the group claimed undue government monitoring or harassment based on their religious beliefs. On July 23, 2008, and February 9-10, 2009, church members reported delays at border crossings into the country and indicated that border guards told them they should take off their monastic clothes in order to facilitate border crossing.”
The report points out that “state support for construction of houses of worship and other religious buildings favored the dominant Orthodox religious community.”
The U.S. State Department draws attention to the fact that the government refuse to return the passport to Archbishop Jovan and that he “faced a detainment order for a third retrial of a case in which he was initially acquitted by the Veles Trial Court in 2006.”
The State Department indicates that Archbishop Jovan’s lawyer has not yet received the opinion requested from the expert panel in regard to the trial. The report was finished before the convicting verdict for the Archbishop Jovan was pronounced.
As a constitutive part of the Report, the following is also included: “Embassy officials discussed the implementation of the 2007 legal status law with the court in charge of registrations and with government and religious leaders on numerous occasions, advocating for implementation of the law in a way that meets international standards with respect to human rights and religious freedom and meets the deadlines contained in the law. Embassy staff also worked closely with a number of religious groups and communities seeking to register, serving as a central point for information-sharing among applicants frustrated by court delays and confused by the lack of clear application procedures.”
From the Report of the U.S. State Department, it can be clearly seen that R. Macedonia is far from the implementation of the Law for Churches, Religious Communities and Religious groups, hence, it is far from the fulfilling the international standards in regard to the respect of human rights and religious freedoms.
By the state persecution against the Archbishop Jovan and the refusal of the application for registration of the Orthodox Ohrid Archbishopric, the Government of R. Macedonia is protecting the monopoly of the schismatic MOC, thus creating tensions which do not go in favor of the R. Macedonia’s ambitions for integration in the Euro-Atlantic civilization flows.
Following is the link to the U.S. State Department Religious Freedom Report 2009 for Macedonia: http://www.state.gov/g/drl/rls/irf/2009/127323.htm
section: holy synod of bishops\announcements
Orthodox Ohrid Archbishopric
Holy Synod of Bishops
15.10.2009
ANNOUNCEMENT
The Court of First Instance in Veles has sentenced His Beatitude, Archbishop of Ohrid and Metropolitan of Skopje kyr kyr Jovan, in his absence, to a prison term of two years and six months for a criminal act of “Embezzlement”. Apart from this, the Court ruled that Archbishop Jovan is to pay damage to the schismatic MOC in value of 14,804,211 Denars which equals to around 240,000 Euro. In which manner has the Court determined exactly this amount, considering the schismatic MOC requested a payoff of 20,083,000 Denars, namely 330,000 Euro, is known only to the Court.
The expertise, however, proved that the Archbishop has not kept even a single Denar to himself, and everything that has been purchased during the time he was responsible for the Eparchies, where he was a Bishop, remained inventory of the schismatic MOC. For this reason, he was already twice acquitted by the Court of First Instance, but the Court of Appeals returned the case for a retrial.
There is now in R. Macedonia no one who is unfamiliar with the fact that the trials against the Archbishop are politically motivated and with political background.
One thing is certain – the schismatic MOC will not be able to have any negotiations regarding its status, until under their influence the state authorities are persecuting Archbishop Jovan.
section: news
07.10.2009
MOC is systematically alienating the monastery of saint Naum from the Orthodoxy
The upcoming year, in 2010, 1100 years will be completed since the repose of the equal to the apostles, enlightener of all Slavs, saint Naum of Ohrid, the wonderworker, one of the disciples of the glorious brothers from Thessaloniki, the saints Methodius and Cyril. After he came back from the mission in Moravia, on the shore of Lake Ohrid, saint Naum built the monastery which, with its activities, together with the University of Saint Clement, would provide Ohrid a glorious name – Jerusalem for the Slavs.
Because of the relics of saint Naum, which reside in the monastery, as well as because of the authentic monastic life, the monastery was throughout the ages, a place of favour, at which divine services were served also by the well known Archbishops of Ohrid: Theophylact of Ohrid, Demetrios Chomatian, Constantine II Cabasilas, Porphyrios Palaiologos, Arsenios II...
In our more recent history, special concern for the monastery was shown also by the chrysostom of the 20th century, saint Nikolai of Ohrid and Zica. Even today, a memory is lively kept, that one of the favourite places for hesychastic prayer of the holy Bishop Nikolai, was exactly the monastery, exactly close to the holy relics of saint Naum of Ohrid.
But today, the image of the glorious monastery is completely different. Since it is in the hands of the self-proclaimed Macedonian orthodox church, which for the ecumenical orthodoxy is a schismatic religious community, the words of the Gospel about “the abomination of desolation standing in the holy place” (Matthew 24, 15) are being fulfilled upon the monastery. Instead of preserving the holy tradition, instead of monastic life and divine services, the Macedonian orthodox church decided, for a monetary compensation, to rent the monastery to companies that develop activities which are totally opposed to the monastic way of living, totally opposed to the Orthodox Christianity in general.
Namely, the Macedonian orthodox church since years back has transformed the monastery of saint Naum into a hotel, with a permission to even rename the monastery to: “Hotel Complex Saint Naum”.
Also, besides the monastery functions as a spa and fitness centre, Macedonian orthodox church permits the activity of the “Art of Living Foundation”, whose founder is Ravi Shankar, within the monastery. This religious group is teaching its breathing technique Pranayama, sudarshan kriya exactly within the monastery.
One of the reasons due to which the Macedonian orthodox church persists to dwell in schism with the Orthodox World, is exactly the fact that in the redeeming unity with the Church, it would not be able to allow the rental of the monastery of saint Naum to the abovementioned religious group, it would not be able to allow the marketing of the rich tradition of the One, Holy, Catholic and Apostolic Church.
The monastery “Saint Jovan Bigorski” recently suffered a terrible disaster, that left no one indifferent, and for the overcoming of its consequences, Archbishop of Ohrid kyr kyr Jovan offered his help. But, in regard to the monastery of the saint Naum of Ohrid, we are witnesses that through the abovementioned activities, which the schismatic Macedonian orthodox church for a monetary compensation is permitting in the monastery, it itself is causing probably the most terrible disaster for the Orthodoxy on the Balkans, and wider!
Therefore, with the monastery of saint Naum transformed into a hotel and a religious centre of Ravi Shankar, the question remains open – how will the Macedonian orthodox church celebrate the upcoming anniversary of 1100 years since the repose of saint Naum of Ohrid, the wonderworker?
(See: http://www.hotel-stnaum.com.mk/index-en.php?page=banja-sveti-naum)
section: news
09.08.2009
Forum 18 – Macedonia: Official discrimination continues
Since the Macedonian Religion Law came into force in May 2008, officials have continued to put into practice the Law's hostility to some of the county's religious communities, Forum 18 News Service has found. Discrimination against the Serbian Orthodox Church and Bektashi Muslim community, and in favour of the state-supported Macedonian Orthodox Church and Islamic Community of Macedonia, continues. Other religious communities appear to have mainly escaped official hostility, with the exception of ongoing problems with acquiring, regaining, expanding and using places of worship.
Which communities are registered?
The Religion Law divides religious communities into three different categories – a church, a religious community and a religious group – without defining what these mean (see F18News 31 March 2008 http://www.forum18.org/Archive.php?article_id=1107). Neither officials nor religious communities have been able to explain to Forum 18 what the differences between these categories mean, and in practice it appears that the distinctions make no difference to the communities' religious activity. Unregistered communities are able to carry out religious activities, but not to carry out activities such as running bank accounts which require legal status.
The two large state-disfavoured communities
Of the two large state-disfavoured communities, the Bektashi Muslim community, which claims some 50,000 followers in the country, is applying for registration and hopes to receive this in September 2009. In sharp contrast to this, the Serbian Orthodox Church was refused registration on 28 July. The Church's Ohrid Archdiocese, which covers Macedonia, is led by Archbishop Jovan Vraniskovski. Owing to long-running and bitter legal disputes with the state, which has included his being jailed, he has been unable to be in Macedonia since June 2008 as an arrest warrant has been issued for him (see Forum 18's Macedonia religious freedom survey at http://www.forum18.org/Archive.php?article_id=1094).
Other pressure also continues against the Church. Bishop David (Ninov), who is responsible for legal matters, told Forum 18 on 5 August that "Bishop Joakim is regularly visited by police. We still do not know why except to put pressure on him." On 4 August the Church had a guest from the Moscow Patriarchate but, Bishop David continued, "Bishop Joakim had to call us to say that he was unable to receive our guest in his residence as the police had come again." The police also attend the celebration of the Divine Liturgy in Kumanovo and the capital Skopje which, Bishop David said, causes some believers to fear the consequences of police observation. Harassment, for example of attempts to lead services in graveyards, also takes place.
The Interior Ministry offices in Kumanova and Skopje did not answer their telephones when Forum 18 tried to contact them.
Bishop David told Forum 18 that they were refused registration under the name Greek Orthodox Ohrid Archdiocese of Pec Patriarchate. The Macedonian court which heard the case refused registration, the reason given being the opposition of the Macedonian Orthodox Church. This Church – which is not recognised by other Orthodox churches – claimed that the Serbian Church was a "foreigner church" and has no jurisdiction in Macedonia, and so cannot be registered. Forum 18 has been unable to gain any comment from Judge Margarita Tosanova – who made the judgement – as to why the views of one religious community should influence legal decisions on another religious community.
In 2004 the Macedonian Orthodox Church registered the name "Ohrid Archdiocese" as a trademark with the State Office of Industrial Property, although this is not part of this Church's formal name.
Continuing official obstacles to places of worship
Religious communities of all faiths have told Forum 18 that the biggest problems they involve buildings, such as long-running denials of permission to build, extend or establish legal ownership over places of worship. Urban plans are often used as excuses to deny planning permission to religious communities. In addition, the authorities have also demolished "illegal" Serbian Orthodox places of worship (see F18News 31 March 2008 http://www.forum18.org/Archive.php?article_id=1108).
Promoting "state faith communities"
As Ana Stojkovic of the Helsinki Committee for Human Rights of Macedonia observed to Forum 18 on 6 August, "no official explanation has been given why the state and not the faith community is building this religious facility." Similarly, the Helsinki Committee noted that "this decision promotes 'state religion' or more precisely 'state faith communities' in the shape of the Macedonian Orthodox Church and the Islamic Community of Macedonia. The United Nations Special Rapporteur on freedom of religion or belief, Asma Jahangir, noted at the end of her April 2009 visit to Macedonia that many in the country think "that the two major religious communities in the country wield considerable political influence and are eroding the division between religion and State."
The report in full can be read at this address: http://www.forum18.org/Archive.php?article_id=1335
section: history\contemporary history
Stavropegic Monastery
St. John Hrysostom
Village Nizhopoli
Bitola County
Republic of Macedonia
To
His Excellency Ms. Hillary Rodham Clinton
United States Secretary of State
Washington
Nizhopoli, 6 March 2009
Letter to the International Institutions
Your Excellency,
Hereby we are turning to Your Excellency as to the United States Secretary of State OSCE Chairperson-in-Office in the name of the Stavropegic Monastery St. John Hrysostom in Bitola, in regard to disrespect of the freedom of religion in the Republic of Macedonia and violation of the fundamental human rights in this country. The implementation of the Law on Legal Status of Churches, Religious Communities and Groups (Official Gazzette of the Republic of Macedonia No.113 dated on 20/09/2007) has started in November 2008, i.e., with a delay of one year. This Law was passed under great pressure of the International Community and intensive intercession by the OSCE, for the former law dealing with the religious communities in the Republic of Macedonia favored religious discrimination, and even one Orthodox Christian, the Archbishop of Ohrid and Metropolitan of Skopje kyr kyr Jovan was convicted and imprisonment for ‘inciting religious hatred’.
The new law, passed on 9th September 2007 with a great help by the OSCE, as we have mentioned hereinabove, is generally good. It guarantees religious freedom and tolerance, however, a new problem emerged, and it is its inapplication, ie., its erroneous interpretation. The Court, under the pressure of the Government of the Republic of Macedonia, stands up for the Macedonian Orthodox Church, which is given preferential treatment by the Government, and does not want to register anybody who has seceded from it.
Another religious community, the Orthodox Ohrid Archbisopric, has the same problem, and according to our information, it waits for six months now to be serviced by the Court with the List of the Relibious Communities already registered in the Republic of Macedonia, so it could lodge a request for registration thereof. We do not act in their name, but as we have stated hereinabove, in the name of the Stavropegic Monastery St. John Hrysostom, that had lodged a request for obtaining a legal status to the Court being of jurisdiction regarding registration of religious communities in the Republic of Macedonia. After 118 days, in spite the Law provides that the procedure should be completed within 8 days, we have got a response by the Court that our request is rejected. There is no essential rationale in the Ruling, it seems they simply wanted to inform us that they are in power and that they are not concerned by the fact that they are breaking the Law. For the purpose not to be understood as we are arbitrary interpreting the Ruling, please find it enclosed to this letter together with our Complaint on it. We are asking for several minutes of your precious time and read our Complaint, for we have precisely listed all the violations of human rights and religious freedom committed by the law enforcement and judicial authorities of the Republic of Macedonia.
We have lodged the Complaint to the Court of Appeals in Skopje, pleading the Court to instruct us on the way we could acquire legal status and still to avoid being a part of the Macedonian Orthodox Church where the Government and the Court are pushing us. We have stated therein that we even agree the Court to be our God-father and name us, if the only obstacle is the name, if thus they will make possible for us to exercise our human rights and freedom of religion guaranteed with Article 9 of the Convention for Human Rights and Fundamental Freedom, as well with Article. 19 of the Constitution of the Republic of Macedonia.
We had no chance to acqire legal status in the time when the Governmental Commission was in charge for registration, for they treat us as traitors of the Macedonian Orthodox Church that is favored by them. Now, when the Court is in charge with the registration, the situation is the same, for as it is well known, in spite it is shameful, the Court is under direct influence of the law enforcement authorities. However, in both cases there is a violation of the fundamental human rights and religious freedom. Regretfully, the USA, the EU and the OSCE helplessly watch this for seven years now. We say helplessly, but it does not mean that we are ungrateful for what they did and are still doing to prevent it. The repots on human rights of the State Department of the USA mention the problem of violation of the freedom of religion in the Republic of Macedonia every year, and in our correspondence with the EUR Commissioner Mr. Oli Ren, it has been always emphasized that the Republic of Macedonia could not be accepted in the EU until it meets the Copenhagen requirements, and respecting of human rights and religious freedom is one of them. But there is nothing for us from it. Nobody has made an explicit pressure on this country to leave the totalitarianism and to respect the human rights. Dealing with the problem about the name of this country is really important for the stability of the region, but is not the disrespect of that country of the fundamental human rights guaranteed with the International Conventions a problem of sameimportance? Regretfully, all the institutions that have some ability to contribute to solution of this problem deal with it somewhat superficially, and all finishes only with reports for seven years now. On the contrary, we live under unbearable and inhuman conditions, we do not know when the police will wander into our premises for religious services without sending word of their arrival and in a barbarian manner, demanding to control the present attendants and to search the premises. We do not know when and how long we will be kept at the border crossings, disdaining us and demanding us to get undressed to be searched. We cannot invite any clergyman from another Church to visit us because the border police would send him back if he has not an invitation from a registered religious community. Not to mention that we cannot manage even the mere disposal of our property, for we have no legal status and therefore we are not allowed to open a bank account.
Your Excellency, please answer us whether we ask too much? Whether we are supposed to bear this because we are nuns and we have taken vows to spend our lives in patience and obedience. Nevertheless, this is something that overcomes our strength for suffering. If the matter was about one or two years, we probably would not write you, but we are persecuted, mistreated, humiliated by the authorities of the Republic of Macedonia for sever long years, and we still have not any legal status.
Please receive this letter of ours as a sigh from our weakness, as a cry of hope and need for help. We beg of you to do anything within your competencies, through the OSCE through all international and organization institutions, so that the necessary talks with the authorities of Republic of Macedonia will be held aimed at convincing them to respect the fundamental human rights and the freedom of religion. Please forgive us, nuns who have taken the vows of obedience before God, but it really does not appear respectable for a country which is a candidate for EU membership to be tolerated by the International Community and to be lenient toward sit to the degree of letting it violate the fundamental human rights and the freedom of religion for years now in the 21 Century. None of the International institutions has persuaded us that it has done everything for stopping such totalitarian behavior of the Republic of Macedonia during the last seven years.
Expecting Your sincere support for solution of this essential problem in regard to human rights and freedom of religion, we remain
Respectfully,
sister Olympis with the sisterhood
section: history\contemporary history
Through the
Court of First Instance Skopje II
the Court of Appeals in Skopje
Ref. : Reg. RG.No.4/08
Subject :
Complaint to the Ruling for Rejection of Registration of Religious Community into the Court Registry
After rejection of the Ruling Reg. RG. No. 4/08 of the Court of First Instance Skopje II, by which the registration into the Unique Court Registry of Churches, Religious Communities and Groups have been rejected to us, hereby we declare this complaint to the Court of Appeals in Skopje in due time, with a complaint on the following :
1. Substantive violation of the guaranteed human rights and religious freedom
2. Erroneous application of the provision of the Law on Legal Status of Churches, Religious Communities and Groups
3. Vagueness of the rationale
4. Partially established situation of the facts
On 05/11/2008, the Stavropegic Monastery St. John Hrysostom lodged a request to the Court of First Instance, being of jurisdiction for registrations of religious communities, in regard to registration thereof into the Unique Court Registry of Churches, Religious Communities and Groups in the Republic of Macedonia. All the evidence required by the Law had been enclosed to the aforesaid request. After a long period of silence by the Court, aiming to remind the Court of the Article 14 of the Law on Legal Status of Churches, Religious Communities and Groups (Official Gazette of the Republic of Macedonia No. 113 dated on 20/09/2007), providing only 8 days for carrying out of the registration, on 23/23/3008 we had submitted a petition to the President of the Court of First Instance Skopje II to the Republic Judicial Council, to the Ombudsman of the Republic of Macedonia and to several International institutions, reproaching on the unprofessional behavior of the judge Margarita Toshanova being in charge for our request. Only few days after, on 29/12/2008 we received written communication by the aforesaid judge that we should complete the request with evidence on citizenship of the founder, which we did the very next day. However, the Court had not proceeded to dealing with the case again, and on 08/01/2009 we received a communication that we should pay the stipulated fee amounting to MKD 800.00 before the Court could proceed to dealing with the case. We paid the fee the very next day, and then followed waiting for the response to our request from 09/01/2009 to 03/03/2009. So, the procedure before the Court for which the Law provides to be finished within 8 days, lasted full 118 days.
The rejection of registration of the Stavropegic Monastery St. John Hrysostom is a substantive violation of the Law on Legal Status of Churches, Religious Communities and Groups, and moreover, it is a violation of the Article 19 of the Constitution of the Republic of Macedonia and violation of the Article 9 of the Convention for Human Rights and Fundamental Freedoms.
Rejecting to register us under whatever form (for the Ruling does not give any instruction in regard to the conditions under which we could be registered), the Court discriminates us on religious basis. What was to be prevented with passing of the new Law is on the contrary continued, now with the irresponsible, unprofessional and politically harmful for the Republic of Macedonia application thereof. The reality is that the Stavropegic Monastery St. John Hrysostom exists, and it waits to acquire legal status for 8 years now (since 2002). It means that the lack of legal status has not caused it to cease to exist, and no Court decision would be able to prevent the existence of any Church. The Church has learned to exist even without legal status long time ago. We need the legal status for the purpose barbarian intrusions at our religious services by the police to be prevented, as well as the mistreatment of our guests at the border crossings and rejections of entrance into the Republic of Macedonia to them on sole grounds that they plan to visit us (as it has been the practice during the last seven years). The legal status is necessary for us also for the purpose of disposing of with the property that we own already, and not to manage our property through private companies or natural persons. So, if you have understood it well, the Stavropegic Monastery St. John Hrysostom exists, lives, functions, manages with property, and the institutions of the state do not have any insight into it. The state is the one that would have more advantage of our registration, thus having insight in all the transactions and management of the property of the Stavropegic Monastery St. John Hrysostom. Here is one rather obvious example : The Stavropegic Monastery St. John Hrysostom has its own publishing business and publishes books, magazines, brochures etc. If it is not registered, who shall be responsible before the law for the contents of the printed material? These examples are quite practical, and they have arisen during last seven years of lawfully unlegalized existence of the Stavropegic Monastery St. John Hrysostom and we are pointing to them so that one could see that the Court now creates even bigger disorder in regard to the religious freedom of the citizens of the Republic of Macedonia with its erroneous interpretation of the Law.
The Act of Founding of the Stavropegic Monastery St. John Hrysostom, enclosed to the files of the case, i.e., Article 1 thereof, reads: “This decision is aimed at registration of the \'Stavropegic Monastery St. John Hrysostom’ into the Unique Court Registry of Churches, Religious Communities and Groups in the Republic of Macedonia as volunteer, non-profit of believers of the Christian religious faith, that do not belong to any other registered religious community, and that especially have nothing in common with the Macedonian Orthodox Church.” This clearly and unambiguously affirms that we do not want to be a part of the Macedonian Orthodox Church and seek legal status out of its framework. However, the aforesaid Ruling of the Court states that our very seeking of legal status is contrary to the Article 1 paragraph 1 of the Law. Does it mean that it is contrary to the Law if somebody wants to break off the Macedonian Orthodox Church? Please remember, for it was not so long ago, that this Law has been passed under enormous pressure by the International Community so that the ones who do not want to be in unity with the Macedonian Orthodox Church could acquire legal status. It is easily noticeable that the Court had no wish whatsoever to register the Stavropegic Monastery St. John Hrysostom only because the Article 1 of our Statutes reads“… do not belong to any other registered religious community, and that especially have nothing in common with the Macedonian Orthodox Church.”
Regretfully, religious discrimination in the Republic of Macedonia is renown to the International entities, especially after imprisonment of the Archbishop of Ohrid and Metropolitan of Skopje kyr kyr Jovan (John) on religious basis and under the pressure of the Government, the Court not only tolerates, but even stirs up such discrimination for years now.
The Court has applied erroneously the Article 16 paragraph 1 of the Law as well with rejection of the request for registration; for it shall be done only if substantive conditions are not fulfilled. On the contrary, the Request fulfills all the substantive and factual conditions stipulated by the Law, and the Court had not any reprimand to it, and even if the Court had such a reprimand, it could be dealt with during these 118 days while the judge processed the case, instead of issuance of Ruling for rejection of the registration.
The situation of the facts has been only partially established in the Ruling; however the law has been applied completely erroneously. Namely, on page 3 of the Ruling, the Court has stated : “In the sense of the aforesaid legal provisions, in this particular case, out of the files of the case may be concluded that the submitter had lodged a request for registration of a volunteer community of natural persons designated therein as the “Stavropegic Monastery St. john Hrysostom” to the Court, i.e., a request for registration of a volunteer community of natural persons not being foreseen at all by the aforesaid Law in such a form. The Court deems that such a request for registration of volunteer community of natural persons designated therein as “Stavropegic Monastery St. John Hrysostom” is contrary to Article 1 paragraph 2 of the Law on Legal Status of Churches, Religious Communities and Groups, i.e., the request is ungrounded, so therefore the Court has rejected it as ungrounded.”
Furthermore, on page 3, the Ruling states that the registration of the Stavropegic Monastery St. John Hrysostom would violate the Article 1 paragraph 1 and Article 2 of the Law, because “Law regulates only the legal status of certain religious entities: volunteer communities of natural persons defined and listed in the Law as: a church, a religious community, and a religious group.”
Instead of such confusion, it would be clearer if the Court has stated: “We are not allowed to register you because we are under the pressure of the Government.” It would be at least honorably, but yet unjustly.
The Article 1 paragraph 1 of the aforesaid Law on Legal Status of Churches, Religious Communities and Groups literally reads: “This Law regulates the founding and the legal status of churches, religious communities and groups, the services, prayers and religious rites, religious instruction and educational activities, the revenues of churches, religious communities and groups and other issues.”
It means that it is not true that the Law does not provide founding of new churches, religious communities and groups. The Law regulates the legal status of the churches, religious communities and groups, but also the founding of new religious communities. As for our request for registration submitted by the Stavropegic Monastery St. John Hrysostom states that it is about: “registration of the Stavopegic Monastery St. John Hrysostom for registration thereof into the Unique Court Registry of Churches, Religious Communities and Groups as one of the religious communities in the Republic of Macedonia.” (Please refer to the registration files)
Out of the aforesaid, it may be concluded that the Stavropegic Monastery St. John Hrysostom has not requested to be registered as a trade company or an association of citizens that are not regulated by this Law, but seeks registration of a religious community with a concrete name. On the occasion when we requested of the Court of First Instance in Bitola to register the association of citizens named “Sisterhood St. John Hrysostom”, the request was rejected with a rationale that an organization with such a name shall seek registration according to the Law on Churches, Religious Communities and Groups. (The matter is about Ruling Reg. ZGF No. 65/02 dated on 22/10/2002). Now, when we have requested registration according to the Law on Churches, Religious Communities and Groups, under circumstances when the Ruling of the Court is not clear in regard which substantive conditions are not fulfilled and led the Court to proceed upon Article 16 paragraph 1 of the Law, we assume that the matter is again about the \'problematic’ name. Our aim is not this to sound like a joke, and we state with an extreme pain and so upset, that we would agree the judge who has rejected our request to be our God father and name us as she wishes, if only she grants us a legal status. Is it too much to ask? We want only what International Conventions and the Constitution of the Republic of Macedonia guarantee, and that is religious freedom.
The name “Stavropegic Monastery St. John Hrysostom" is a name of a concrete religious community, as is the name of, e.g., "Sayta Say Centre – Skopje”, which is registered into the Registry of the Churches, Religious Communities and Groups in the Republic of Macedonia, or the “Bekteshi Community” and other similar to them. Ergo, if the name “Stavropegic Monastery St. John Hrysostom” is the eyesore for the judge, she could have noted some proposal that we would consider, but the complete rejection of the request for registration of the religious community with a rationale that it would be contrary to the aforesaid Articles of the Law is not merely unprofessional, but also tendentious and malicious, and we find that it was obviously made under pressure of the Government. After all, we had timely pointed out in our petition to the President of the Court and to several other institutions that the aforesaid judge is biased in regard to our issue and also put under pressure.
Thus, the rationale of the Court that “the registration of a volunteer community of natural persons \'Stavropegic Monastery St. John Hrysostom’ as a religious community is a form not foreseen at all by the Law on Churches, Religious communities and Groups. On the other hand, the Court disregarded the situation of the facts when stating: “this Law regulates only the legal status of certain religious entities – volunteer communities of natural persons defined and listed in the Law as: churches, religious communities and groups, and not other religious entities – volunteer communities of natural persons …”, overlooking that the Stavropegic Monastery St. John Hrysostom submitted the request for registration just as one of the religious communities in the Republic of Macedonia. (Please refer to the registration files)
Finally, it is quite unclear why the Court deems that the registration of the religious community Stavropegic Monastery St. John Hrysostom would violate the freedom of religion of the other volunteer communities of natural persons already registered into the Unique Court Registry. It appears that not registering the Stavropegic Monastery St. John Hrysostom is not a violation of the religious freedom, and that the registration thereof would be violation of the freedom of religion of a community unnamed by the Court. Not naming that community by the Court creates great vagueness. Whose religious freedom would be violated by the registration of the Stavropegic Monastery St. John Hrysostom? Is the matter about the Islamic Religious Community or about some protestant community? It is most naturally if one thinks that the Court has in mind the Macedonian Orthodox Church. It is the only religious community from the Republic of Macedonia that is mentioned in the Act of Founding of the Stavropegic Monastery St. John Hrysostom, as an organization with which the Stavropegic Monastery St. John Hrysostom does not want to have anything in common. However, what denies the freedom of the members of the Macedonian Orthodox Church? How could the freedom of religion of a member of some religious organization be violated if a member of some other religious organization does not want to be in unity with it? The freedom of religion is just about making free choice where one wants to belong, without being called a traitor to your country or imprisoned if the choice is not to belong to the state protected MOC, as was the case with the Archbishop of Ohrid and Metropolitan of Skopje kyr kyr Jovan (John).
The request of this Complaint of ours to the Court of Appeals is the following: How could we exercise freedom of religion guaranteed to us by the Constitution of the Republic of Macedonia? We plead the Court of Appeals to instruct us on the way to be registered, but so that we still would not to be a part of the Macedonian Orthodox Church. Our fall is great when we ask for mercy for something that is guaranteed to us on every grounds. Since 2002, when we seceded from the Macedonian Orthodox Church, we are under inhuman pressure by the Government and the judiciary. Now, when we have won the amending of the law dealing with the religious communities, here comes across a new obstacle: inapplication thereof by the Court.
Considering that there is a substantive violation of the Law on Legal Status of Churches, Religious Communities and Groups, especially of the Article 4 thereof, as well as of the Article 19 of the Constitution of the Republic of Macedonia and of the Article 9 of the Convention on Protection of Human Rights and Fundamental Freedom, hereby we make a motion to the Court of Appeals to repeal the Ruling in question and to register the religious community “Stavropegic Monastery St. John Hrysostom into the Unique Court Registry of Churches, Religious Communities and Groups in the Republic of Macedonia.
6th March, 2009
village Nizhopoli, Bitola County
Submitted by :
PRIORESS
sister Olympiada Mizhimakovska, nun
section: history\contemporary history
Reg. RG. No. 4
R.
COURT OF FIRST INSTANCE SKOPJE II in SKOPJE, being civil court of first instance competent for keeping the Unique Court Registry of Churches, Religious Communities and Groups, through judge Margarita Toshanova as a judge individual, proceeding upon request for registration into the Court Registry of the volunteer community of natural persons, designated in the request as “Stavropegic Monastery St. John Hrysostom” – village Nizhepole, Bitola county, on 18/02/2009 has extrajudicially brought the following
RULING
The request for registration in the Unique Court Registry of Churches, Religious Communities and Groups lodged by the volunteer community of natural persons, designated in it as the “Stavropegic Monastery St. John Hrysostom” – village Nizhepole, Bitola County, IS hereby being REJECTED.
R a t i o n a l e
Request for registration into the Court Registry of Churches, Religious Communities and Groups of the volunteer community of natural persons, designated in the request as “Stavropegic Monastery St. John Hrysostom” – village Nizhepole, Bitola County, and has been submitted to the Court of First Instance Skopje II in Skopje on 05/11/2008.
The following documents/evidence have been enclosed to the Request : Minutes of the Founding Assembly, Founding Act, Statutes, i.e., act regulating the status, the organization and the activities of the “Stavropegic Monastery St. John Hrysostom”, Description of the sources of the doctrine, Decision for Assignment of Person Authorized to Represent and Act for the “Stavropegic Monastery St. John Hrysostom”, Certificates of Citizenship of the founders and of the person authorized to represent and act for it.
The submitter requested the Court to register the volunteer community of natural persons designated in the request as the”Stavropegic Monastery St. John Hrysostom”, village Nizhepole, Bitola county, into the Unique Court Registry of Churches, Religious Communities and Groups.
The Court had demanded of the motioner/submitter of the request to proceed upon the instructions within 15 days with Letter/Instruction Reg. Rg. No. 4 dated on 1/12/2008, by delivering evidence for citizenship of the founders and of the person authorized to represent and act for the ”Stavropegic Monastery St. John Hrysostom”, and that in the contrary the Court would bring a ruling in accordance with Article 12 paragraph 4 of the Law on the Legal Status of Churches, Religious Communities and Groups.
This Instruction was received by the motioner/submitter on 29/12/2008.
The additional documents were delivered to the Court on 30/12/2008 thus proceeding upon the instruction of the Court, and the Court fee for the motion of the motioner/submitter had been paid in the meantime, thus proceeding upon the reminder for payment of the Court fee.
Proceeding upon the Request, the Court considered the same and made an inspection into the evidence submitted with the Request and established the following :
On 29th October, 2008 in village Nizhepole, Bitola County, a Founding Assembly of the “Stavropegic Monastery St. John Hrysostom” was held, and a Decision for Founding of the “Stavropegic Monastery St. john Hrysostom” and registration thereof into the Registry of Churches, Religious Communities and Groups of the Republic of Macedonia had been made on it. By the same Decision, nun Olympiada Mizhimakovska was assigned to be the person authorized to represent the “Stavropegic Monastery St. John Hrysostom” in the relations with the other legal entities, and at the same time, she was assigned to be the person who would submit the Request for Registration of the “Stavropegic Monastery St. john Hrysostom” in the competent Registry. The Decision for Founding of the “Stavropegic Monastery St. john Hrysostom” also defines the way of expressing of the religious affiliation and performance of religious cult, the way of financing and the organization and the structure of the “Stavropegic Monastery St. john Hrysostom”.
The Court has established the aforesaid out of the evidence presented and having in view this situation of the facts in this case, the Court deems that the substantial conditions for registration of the volunteer community of natural persons, designated in the request as the “Stavropegic Monastery St. john Hrysostom” into the Unique Court Registry of Churches, Religious Communities and Groups kept by this Court are not fulfilled, due to the following :
The Law on the Legal Status of Churches, Religious Communities and Groups (Official Gazette of the Republic of Macedonia No. 113 dated on 20/09/2007) has been passed by virtue of the Decree No. 3833/1 dated on 05/09/2007.
The Article 1 paragraph 1 of the aforesaid Law reads : “This Law regulates the founding and the legal status of churches, religious communities and groups, the services, prayers and religious rites, religious instruction and educational activities, the revenues of churches, religious communities and groups and other issues.”
According to Article 2 of the same Law, “In the sense of this Law, churches, religious communities and groups are volunteer communities of natural persons who exercise their freedom of religion with their religious belief and doctrine sources, united by their religion and identity expressed by performing same services, prayers, rites and other expressions of their faith.
According to Article 16 paragraph 1 of the aforesaid Law, in case substantive conditions of this Law regarding registration of churches, religious communities and groups are not met, the Court shall reject the request for it.
In the sense of the aforesaid legal provisions, in this particular case, out of the files of the case may be concluded that the submitter had lodged a request for registration of a volunteer community of natural persons designated therein as the “Stavropegic Monastery St. john Hrysostom” to the Court, i.e., a request for registration of a volunteer community of natural persons not being foreseen at all by the aforesaid Law in such a form. The Court deems that such a request for registration of volunteer community of natural persons designated therein as “Stavropegic Monastery St. john Hrysostom” is contrary to Article 1 paragraph 2 of the Law on Legal Status of Churches, Religious Communities and Groups, i.e., the request is ungrounded, so therefore the Court has rejected it as ungrounded. This is because according to the findings of this Court, the registration of the “Stavropegic Monastery St. john Hrysostom” into the Unique Registry of Churches, Religious Communities and Groups would firstly violate Article 1 paragraph 2 of the Law on Legal Status of Churches, Religious Communities and Groups because this Law regulates only the legal status of certain religious entities : volunteer communities of natural persons defined and listed in the Law as : a church, a religious community, and a religious group, and not other religious entities – volunteer communities of natural persons, and secondly, the freedom of religion, guaranteed by the Human Rights Convention and the Constitution of the Republic of Macedonia, of the other volunteer communities of natural persons that are already registered into the Unique Court Registry of Churches, Religious Communities and Groups with a form, status and contents as provided by the provisions of the aforesaid Law.
In this context is the Article 1 of the Statues of the “Stavropegic Monastery St. john Hrysostom” stating that the structure of the organization and operation of the volunteer community of natural persons designated in the request as the “Stavropegic Monastery St. john Hrysostom” is a monastery, where the natural persons would exercise the freedom of religion by their religious belief and the source of their doctrine united by faith and identity expressed by the same religious services, prayers and other religious expressions.
Such a structure, status and operation of the “Stavropegic Monastery St. john Hrysostom” in a form foreseen in the Decision for Founding and the Statute thereof, is contrary to the provisions of the aforesaid Law on Legal Status of Churches, Religious Communities and Groups, especially to Article 1 paragraph 1 thereof.
Pursuant to all the aforesaid, the Court deems that the substantive conditions of this Law for registration of the volunteer community of natural persons designated in the request as the “Stavropegic Monastery St. john Hrysostom” into the Unique Court Registry of Churches, Religious Communities and Groups, are not fulfilled, and therefore, pursuant to Article 16 paragraph 1 of the Law on Legal Status of Churches, Religious Communities and Groups has rejected it as groundless, i.e., has decided as stated in the wording of this Ruling hereinabove.
RULED AT THE COURT OF FIRST INSTANCE SKOPJE II – SKOPJE
Reg. RG. No. 4 dated on 18/02/2009
J u d g e ,
Margarita Toshanova, Oh.
Stamp and seal illegible
PRECEPT : Complaint to the Court of Appeals may be lodged within 15 days as of receipt of this Ruling through this Court.
FEE ORDER : The motioner shall pay court fee for the Ruling amounting to MKD 1,000.00 on the Account No. 840338722211, or it shall be paid forcibly and increased for 50%.
A COPY TO : Olympiada Mizhimakovska, village Nizhepole, Bitola County.
Republic Commission for Relations with Religious Communities,
MRT tower, bb Goce Delcev St. 18th floor, Skopje
section: news
26.09.2008
U.S. Department of State Religious Freedom Report on Macedonia in 2008
Released by the Bureau of Democracy, Human Rights, and Labor
The Constitution and a new Law on the Legal Status of Churches, Religious Communities, and Religious Groups provide for freedom of religion, and other laws and policies contributed to the generally free practice of religion.
The Government generally respected religious freedom in practice. The new law on religion removes previous restrictions on the registration of religious organizations, enhancing respect for religious freedom by the Government during the period covered by this report.
There were isolated reports of societal abuses or discrimination based on religious affiliation, belief, or practice.
The U.S. Government discusses religious freedom with the Government as part of its overall policy to promote human rights.
Section I. Religious Demography
The country has an area of 9,781 square miles and a population of 2.1 million. The country's two major religions are Orthodox Christianity and Islam. There is a general correlation between ethnicity and religious affiliation--the majority of Orthodox believers are ethnic Macedonian, and the majority of Muslim believers are ethnic Albanian. Approximately 65 percent of the population is Macedonian Orthodox, and 32 percent is Muslim. Other groups include Roman Catholics, members of various Protestant denominations, and Jews.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Constitution and a new Law on the Legal Status of Churches, Religious Communities, and Religious Groups provide for freedom of religion; other laws and policies contributed to the generally free practice of religion. The law at all levels protects this right in full against abuse, either by governmental or private actors.
The 1997 Law on Religious Communities and Religious Groups was in effect for most of the period covered by this report. On September 5, 2007, Parliament passed a new law on religious freedom, which became effective on May 1, 2008. The new law strengthens religious freedom provisions and eliminates previous legal restrictions on the registration of religious communities and organizations. It requires religious entities to register to attain legal status but does not require registration to practice religious beliefs in private or in public. The registration requirements are in line with international standards, a departure from the 1997 law, which prohibited the registration of more than one organization from each religious confession.
The new law states that "the freedom to express one's religion or belief can be limited by law only if such limitation is indispensable to the interests of public safety, public order, health or morals, or for the protection of the rights and freedoms of others." It also removes previous restrictions on the establishment of places of worship, collection of contributions, and locations where religious ceremonies may be held. In addition to listing traditional venues for religious services, it indicates that "a religious ritual may also be performed in other public and private premises and places." The 1997 law required religious groups to obtain a permit from the State Commission for Relations with Religious Communities and Groups at least 15 days in advance to conduct religious ceremonies outside of religious facilities, a restriction removed by the new law.
The Government observes Orthodox Easter and Christmas and Ramazan Bajram (end of Ramadan) as national holidays. Other Christian, Islamic, and Jewish holidays are not national holidays, but they are government-designated religious holidays for adherents of those groups.
Foreigners entering the country to carry out religious work or perform religious rites must obtain approval from the State Commission for Relations with Religious Communities and Groups to receive a visa. When applying for visas, such persons must submit a letter of invitation from representatives of a religious organization in the country to the Commission, which then issues a letter of approval to be submitted with the visa request. The Commission reported that its review process takes less than a week; there were no complaints from religious groups that the process took longer than that.
Education laws restrict the establishment of all private primary schools, including parochial schools, and do not allow parents to homeschool their children. Restrictions on private religious primary schools also are included in the new law on religion, which states that "a church, religious community, or religious group has the right to establish religious schools for all levels of education, except for primary education." However, there are no restrictions placed on religious education that takes place in religious spaces such as churches and mosques. The new law removes a previous restriction that children below the age of 10 years may not receive religious instruction without the permission of their parents or legal guardians.
The new law supports April 2007 amendments to the Law on Education calling for religious education in public schools, stating that "religious instruction may be carried out as an optional subject at educational institutions." The Law on Education calls for optional religious education courses starting in the sixth year of primary school, when students are typically 12 years old.
Religious instruction is not mandatory under the amendments to the Law on Education. The new curriculum allows parents or legal guardians to decide whether their children take a single-faith course, a course on the history of religions, or a foreign language course in lieu of either of the first two options.
Implementation of the amended Law on Education was expected for the 2008-9 school year. However, at the end of the period covered by this report, the Constitutional Court was reviewing the amendments, and it was unclear whether the case would be resolved in time for implementation of the new curriculum by fall 2008. This marks the second effort to offer religious education to public schools; the first program, in 1998, was not implemented due to a challenge brought in the Constitutional Court.
Restrictions on Religious Freedom
The Government generally respected religious freedom in practice. The status of respect for religious freedom by the Government improved with the passage of the new Law on the Legal Status of Churches, Religious Communities, and Religious Groups, which greatly liberalizes the process of registration of religious groups and communities.
Until May 1, 2008, when the new law took effect, the legal framework for religious life remained the 1997 Law on Religious Communities and Religious Groups. During the period covered by this report, the Government selectively and minimally enforced restrictions on religious freedom contained in the 1997 law.
Some restrictions related to its status as an unregistered group continued to be applied to the "Orthodox Archbishopric of Ohrid," which denies the Macedonian Orthodox Church (MOC)'s self-declared autocephaly (also not recognized by other Orthodox churches). Led by a defrocked MOC bishop, Jovan Vraniskovski, this schismatic group is recognized by the Serbian Orthodox Church as an archbishopric. Members of the group claimed undue government monitoring or harassment based on their religious beliefs. On March 25, 2008, a nun of the group reported that she was delayed at the border crossing at Bogoridica, where an agent told her that her affiliation with "Vraniskovski's church" was the reason for that action. She eventually was allowed to enter the country. On January 10, 2008, and again on March 3, bishops of the group were subject to border delays of 25 minutes and 1 hour, respectively, for "additional controls." They claimed they were targeted for additional processing at border crossings due to their religious affiliation.
The courts took no action on the appeal of the Reformist Movement of Adventists related to the rejection of their application for registration. The Reformist Movement of Adventists planned to reapply for registration under the new law.
Churches and mosques often are built without the appropriate building permits, but the Government normally does not take action against religious groups that build such structures without permits. However, members of Jehovah's Witnesses faced a municipal-level challenge related to the ownership and use of a property near Kriva Palanka, where an individual intended to sell his property to the community for use as a meeting place. The individual could not obtain the title deed necessary to complete the sale and instead offered the community the space for meetings on a rental basis. The owner was fined for not obtaining municipal permission to use the property as a meeting hall. Jehovah's Witnesses believed the community's bias against the religious group resulted in the challenges to obtaining the title and in the resulting fine. An appeals court upheld the fine, and the owner paid it. At the end of the reporting period, Jehovah's Witnesses were renting the property, without interference, as a meeting space while they continued to seek to obtain the title deed for purchase of the property.
The problem of restitution of religious properties expropriated by the former Yugoslav government was not fully resolved. Many religious communities have not regained full ownership of many of the properties expropriated by the communist regime. Ownership of almost all churches and many mosques has been restored to the appropriate religious communities, but that was not the case for most of the other properties. Restitution or compensation claims are complicated by the fact that the seized properties often have changed hands or have been developed since they were confiscated. The Islamic Community of Macedonia (ICM) claimed it was not able to regain rightful use of several mosques that the Government had agreed to return. In addition, the ICM alleged that in some cases the Government delayed the process of restitution by selling or starting new construction on disputed property and by disputing the historical legal claim of the ICM to religious properties. The ICM and the MOC cited greater difficulty in obtaining ownership of previously owned property if the property was located in a desirable location for investors or business owners, often in urban areas. The ICM continued to meet with government officials to seek to resolve property issues.
While religious communities faced challenges regarding restitution of religious properties, the Government, in a closed-door meeting on January 22, 2008, agreed to fund construction of an Orthodox church in the main city square of Skopje. A group of 38 Islamic civil associations and nongovernmental organizations (NGOs) requested that the construction be complemented by the reconstruction of the Burmali mosque, also in the city square. One week after the decision to construct the church in the Skopje city square, the Government agreed to fund reconstruction of the Charsia mosque in the nearby city of Tetovo, rather than the Burmali mosque as initially requested.
The ethnic Albanian NGO Wake Up protested the construction of the city square church, noting the proposed location was the site of the childhood home of Mother Teresa, and proposed that a memorial home be constructed there. At the end of the period covered by this report, construction had not begun on the church, but reconstruction of the mosque in Tetovo had commenced. Some parliamentarians and senior government officials expressed their opposition to the state-funded construction of churches and mosques.
There were no developments in the suit that the Bektashi initiated against the Government in 2002 for failing to reverse the former Yugoslavia's nationalization of the Bektashi's Tetovo compound, known as the Arabati Baba Tekke. In addition, there were no developments in the 2004 suit the Bektashi filed against the ICM for the 2002 seizure of part of the Tetovo compound by armed ICM members. At the end of the period covered by this report, the ICM continued to occupy the area.
Abuses of Religious Freedom
Previously imprisoned for part or all of the past several reporting periods, Jovan Vraniskovski, leader of the "Orthodox Archbishopric of Ohrid," was free during the period covered by this report. However, government officials continued to refuse to return Vraniskovski's passport. Vraniskovski faced a detainment order for a third retrial of a separate case in which he was initially acquitted by the Veles Trial Court in April 2006 on charges of embezzling $410,000 (€324,000) from MOC funds while he was a bishop with the MOC. The case was returned to the Veles Trial Court for retrial by the Court of Appeals in Skopje, and he was acquitted for a second time in April 2007. On November 14, 2007, the Court of Appeals in Skopje returned this case to the Veles Trial Court for a third trial. Vraniskovski's attorney claimed that neither he nor Vraniskovski was asked to appear in court to testify in the case. On March 17, 2008, the Veles court issued a detention order for Vraniskovski for failing to appear in court. A retrial could not be scheduled until Vraniskovski was detained, but members of his church reported that Vraniskovski was abroad.
In contrast with the previous report, Jehovah's Witnesses reported that the community had no problems with police and commended the State Commission for its support and assistance.
There were no reports of religious prisoners or detainees in the country.
Forced Religious Conversion
There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.
Improvements and Positive Developments in Respect for Religious Freedom
On September 5, 2007, Parliament adopted a new Law on the Legal Status of Churches, Religious Communities, and Religious Groups. The law significantly strengthens religious freedom provisions, most notably by removing the restriction on registration of more than one organization from each religious confession and by enhancing freedoms to practice religion in public and in private.
On May 5, 2008, at a ceremony attended by government leaders, rabbis from throughout Europe, and representatives of the international community, the first Macedonian rabbi since 1943 received his rabbinical diploma following his studies at the Sephardic School Yeshiva in Jerusalem. He was expected to serve as Supreme Rabbi of Macedonia.
The Jewish community completed arrangements with the Government for the full restitution of private property confiscated by the former Yugoslav government. (All properties/religious facilities that belonged to the Jewish community were restituted in 2002.) In a groundbreaking agreement concluded in December 2007, the Government completed the process of restitution of all heirless Jewish property in the country. The Jewish community planned to use the $26.3 million (€17 million) agreed as restitution to complete a Holocaust memorial and art center in Skopje. The transfer of funds from the Government to the Jewish community was delayed due to a technicality related to the Law on Bonds. At the end of the period covered by this report, it was not clear when the funds would be transferred.
The Government increased efforts to reach out to different religious communities and took proactive steps to address challenges to religious freedom at the local level, especially related to restrictions on property use. Several religious communities, including Jehovah's Witnesses, praised the State Commission on Relations with Religious Communities and Groups for its willingness to intervene with local authorities on behalf of religious communities.
The Ministry of Culture, in cooperation with the State Commission on Relations with Religious Communities and Groups, organized a World Conference on Dialogue among Religions and Civilizations, held October 26-28, 2007, in Ohrid. Delegations from more than 40 countries and international organizations participated in the conference and drafted a declaration supporting religious freedom principles and calling for action in international organizations to support religious freedom and dialogue among religious groups.
Section III. Societal Abuses and Discrimination
There were isolated reports of societal abuses or discrimination based on religious affiliation, belief, or practice. However, unlike in the previous reporting period, there were no reports of vandalism of religious sites.
On March 28, 2008, a pamphlet purporting to have been authored by the Prespa-Pelagonia Eparchate of the Macedonian Orthodox Church was delivered to an unknown number of homes in Bitola telling residents to ignore or threaten Jehovah's Witnesses who knocked on their doors.
Section IV. U.S. Government Policy
The U.S. Ambassador and other embassy representatives frequently met with government officials and representatives of the various religious communities to address religious freedom and to support ethnic and religious tolerance. Embassy officials discussed the implementation of the new Law on the Legal Status of Churches, Religious Communities, and Religious Groups with government and religious leaders on numerous occasions and urged all parties to implement the law in a way that meets international standards with respect to human rights and religious freedom.
The Ambassador and other embassy representatives continued to follow developments in the "Orthodox Archbishopric of Ohrid" case and discussed the matter with government officials and representatives of the "Orthodox Archbishopric of Ohrid." Embassy officials urged respect for religious freedom and the rule of law as well as moderation in language on both sides.
The Ambassador and other embassy representatives attended events to foster religious freedom, tolerance, and understanding, including Holocaust commemoration events.
Released on September 19, 2008
Source:http://www.state.gov/g/drl/rls/irf/2008/108458.htm
section: news
Archbishop Jovan Fund USA
Very Reverend Archimandrite Nektarios Serfes, President
2618 West Bannock Street
Boise, Idaho USA
Telephone 208-345-6147
Fax 208-3435-6147
Email father@serfes.org
Minister of Foreign Affairs
Mr. Antonio Milososki
“Dame Gruev” St. No. 6,
1000 Skopje
Republic of Macedonia
31.08.2008
Appeal
Dear Mr. Antonio Milosoki,
I am president of the Archbishop Jovan Fund USA. I instituted this charity because of continuing concern for the welfare and safety of His Beatitude, Archbishop Jovan of Ochrid and Skopje, who, for several years now, has been persecuted to the point of imprisonment for attempting to serve as pastor to a remnant congregation of Serbian Orthodox souls living under the territorial domination of the nationally established Macedonian Orthodox Church. I offered him assistance not only because of the deplorable conditions with which he and the faithful in his diocese have had to contend, but also because, as an American who places a high value on the ideal of religious freedom, I find such persecution and coercion intolerably offensive wherever and in whatever form they occur.
I recently again visited Skopje in the Republic of Macedonia. Upon arriving at the border, I was approached and delayed for over half an hour by border guards who insisted upon thoroughly investigating my credentials. Upon my subsequent departure, I was again delayed for an even more lengthy inspection of my papers. During my stay with Bishop David, I was informed that this sort of over-zealous investigation, to the point of bordering on outright harassment, is a common occurrence when Orthodox clergy attempt to enter or leave the country. Evidently, Orthodox Christians who are not members of the nationally recognized Macedonian Orthodox Church are still being subjected to discrimination by civil authorities.
It has become widely known throughout the free world that Archbishop Jovan has been unable to return to his assigned pastoral post due to the threat of further imprisonment. The harassment of him and his congregation continues to the present day.
Has the Republic of Macedonia rejected the principle of religious freedom? Throughout the civilized world, the right of every person to choose where and how he or she will worship, and that includes the right to change religious affiliation when individual conscious so dictates, is a fundamental aspect of basic human rights. Has the republic of Macedonia rejected human rights?
I believe we must recognize, address, and ultimately resolve these issues for the sake of every soul who is a citizen of the Republic of Macedonia. May the God Who hears the petition of all His Christian family, in whatever Church they choose to approach and pray to Him, guide us together toward justice and freedom in His Name.
Peace to your soul!
Humbly in Christ our Lord,
+Very Reverend Archimandrite Nektarios Serfes
President of the Archbishop Jovan Fund USA
CC Minister of Internal Affairs
Ms. Gordana Jankulovska
Deputy Prime Minister
Mr. Ivica Bocevski
section: news
20.06.2008
The Archbishop of Ohrid kyr kyr Jovan participated in international, interreligious gathering held in Strasbourg, in the Council of Europe’s building
His Beatitude Archbishop of Ohrid and Metropolitan of Skopje kyr kyr Jovan, upon an invitation by the organizers: the Council of Europe and the Non-government organizations: CIVIS and Konrad Adenauer, participated in the international, interreligious gathering held in Strasbourg on the topic “The Contribution of Churches and Religious Communities to the Building of Lasting Peace in Southeastern Europe”, which took place on 20th June in the Council of Europe’s building.
After having sent many letters to the institutions of the European Union regarding the breaking of the human rights of the faithful of the Ohrid Archbishopric, the Archbishop of Ohrid kyr kyr Jovan for the first time after six years, since the persecution of the Ohrid Archbishopric began, had the opportunity to expose, in the seat of the Council of Europe, the problem of the breaking of the human rights in R. Macedonia.
The Ambassador, representative of R. Macedonia in Strasbourg, Ms. Victoria Gerjer after the exposé of the Archbishop kyr kyr Jovan, demonstratively left the gathering. That once more proved what we are unceasingly speaking of for six years – that in R. Macedonia there is no religious dialogue and no religious tolerance.
Following below, we are publishing the integral text of the Archbishop kyr kyr Jovan’s exposé in Strasbourg, which caused great compassion among all the participants in the gathering.
section: archbishop\reviews
Ohrid Archbishopric – a Church persecuted by the authorities in the Republic of Macedonia in the 21st century
(An address by his Beatitude, Archbishop of Ohrid and Metropolitan of Skopje, Jovan at the international, interreligious gathering held in Strasbourg, in the Council of Europe’s building, on the topic “The Contribution of Churches and Religious Communities to the Building of Lasting Peace in Southeastern Europe”)
The topic foreseen by the organizers of this international, intereligious gathering is “The Contribution of Churches and Religious Communities to the Building of Lasting Peace in Southeastern Europe”. The contribution which could be given by the churches and religious communities to the building of lasting peace in southeastern Europe is indeed of great importance. I shall not go so far as to imply that in numerous cases the position of the church regarding certain political issues which provoke instability or war is of an even crucial importance. I will remind myself, as well as this esteemed gathering, that certain researchers of the sociology of religion or politicologists assign imperative importance to churches and religious communities regarding both to the starting of wars, as well as to establishing peace. Even if we deny the imperative role of churches and religious communities for stability and peace, we cannot overlook that their role is of immense relevance for building peace everywhere around the world.
The time foreseen for this address does not allow us to present the historical facts regarding the aforesaid, however the wars that came to pass and the peace treaties from our very recent past, precisely in the southeastern region of Europe, are very pragmatic evidence of this. Religion and religious affiliation have vital influence in a person’s life, but this influence multiplies when given people are under threat of political instability, or of war with someone. This is why churches and religious communities have a very responsible role to endeavor for justice and truth, but to support the achievement of these in a peaceful manner, not through a revolution or war. If the religious leaders are sincerely devoted to the religion they belong to, I deem they will lead their people to a road which provides peaceful resolution, because there is almost no religion, of the great and more influential, for which peace is of no relevance. However, religious leaders are just people, so, unfortunately, they fall prey to some other ideologies, sometimes completely discordant with their faith, not to even mention that they are sometimes drawn by some really base motives, too low to even mention, such as world fame, wealth or power.
In this introduction of mine I gave a very short observation of mine regarding the contribution of churches and religious communities for the building of lasting peace in Southeast Europe. If this is to be summarized in an even shorter form it would be as follows:
1. Churches and religious communities may contribute largely in the building of peace, both in Southeast Europe and in the entire world.
2. Religious leaders have the responsibility to lead their people on the paths of peace and coexistence with the members of other religions, because this is a teaching present in almost all world religions.
3. The true believers have the obligation to conform their beliefs with the religious demands for internal and external peace, which is to say, peace with ourselves and with the others.
4. In order to make possible the fulfillment of all of the aforesaid, certain social prerequisites need to be provided by the state authorities in the states of southeast Europe.
Most of the speakers at this esteemed gathering will address the explanation of the first three points. Since the circumstances in our life have brought us to personally experience the imperative requirement for a government to provide the needed conditions for churches and religious communities to give their contribution for the building of lasting peace in Southeast Europe, allow me to linger on this issue, as much as it is in my ability to shed some light on the influence of state authorities, at least as far as my country, Republic of Macedonia, is concerned, regarding the creation of necessary preconditions for operation of the Church I belong to.
On account of the lack of time I would rather not enter into a historical overview of the relationship between churches and religious communities, on one side, and the state authorities, on the other, in the time of the communist dictatorship. This issue is, more or less, familiar to all. The state authorities in all states of Southeast Europe, represented by the communist parties, did not have a positive attitude towards the churches and religious communities. The authorities wanted to diminish the influence of churches and religious communities on the social life in such a measure that these would fall apart on account of their irrelevance. I mention this just as a reminder of the fact that in the time of communist totalitarianism the countries of Southeast Europe did not have freedom of religion or belief.
After the fall of communism not all the states under communist ideology equally changed their attitude towards faith and religion. Some completely provided for the exercise of this basic human right, the right to freedom of religious expression. Some partially did so, and some have not even tried yet. This political ambiance is depicted in the countries of Southeast Europe as well. Not all of these countries equally advanced in their pursuit of democracy, which they declared to support.
Now, I shall move on to the attitude of the authorities in the Republic of Macedonia towards the Ohrid Archbishopric, the Church I belong to, because I consider this attitude to be very pinpointing and in many regards a good example of how the attitude of the state towards the Church should not be so that a church might have a political ambiance to give its contribution which is rightfully expected of it.
I will speak of this very responsibly and without exaggeration because the situation, such as it is, is already very tense. We were a Metropolitan in the Macedonian Orthodox Church since 1998, when we were ordained, until June 2002 when after the summons of the Serbian Patriarch we acceded to unity with the Serbian Patriarchate. The Macedonian Orthodox Church separated from the Serbian Church, without the latter’s agreement, in 1967 and that is when it was proclaimed a schismatic church and is not recognized by any other Orthodox Church. I will not linger over the topic of the unity of the Church before this gathering or over its importance for the existence of the Church, but I will dwell over certain facts from our very recent history. Immediately after our accession into canonic unity with the Serbian Orthodox Church (June 2002) the state authorities of the Republic of Macedonia swiftly reacted and after less than 5 days, the police, completely unlawfully, evicted us in the street, breaking the Criminal Code of the Republic of Macedonia, by violating the decision we had received for governance over the place of residence. This was only the beginning and we lost this process before the “independent” courts of the Republic of Macedonia. At the moment all of this is processed here in Strasbourg in the Court of Human Rights and we expect a positive resolution.
Until the end of 2003 the authorities of the Republic of Macedonia applied various coercions to try and push us back to the Macedonian Orthodox Church. Sometimes these coercions were in the shape of offered privileges, but much more often in the shape of threats. Near the end of 2003, the director of the Direction for security and counterintelligence, Mr. Zoran Verushevski himself, came to the house where I lived, in Nizhepole, near Bitola, and offered great gifts from the state if I came back to the Macedonian Orthodox Church. As we were sitting at the table I received a phone call, from his mobile phone, by the then Minister of internal affairs, Mr. Hari Kostov, so that he can confirm that the government is behind Mr. Verushevski’s proposals. I refused their proposals without reflection and that same exact moment the aforesaid government representative threatened that I would regret this. It was not long after, only a couple of months and I was taken into custody for 20 days. After I was released from custody, not a full month later, masked men, with automated rifles entered the house where I lived, and since I was absent, they cut the hair of the nuns who were there, collected only the items used for religious service and set the house on fire. It took us more than three years to renew the house and furniture. Almost four months later, in August 2004 the court sentenced me to two and a half years of imprisonment on account of “instigating national and religious hatred”. In the period when we appealed against the verdict, the Ministry for transport and connections reached a decision to demolish the only church that the Ohrid Archbishopric had built. There are at least 300 other houses and residences built without a permit in the area, since it is beyond the city limits and there is no building plan for the same, but they demolished only our church as if it was the only illegal building. In 2005 the appellate court in Skopje confirmed the prison sentence and I had to go to prison. It seems I was the only one who was sentenced for instigating national and religious hatred since the fall of communism. After an immense pressure from the international institutions and organizations concerned with the human rights and freedom, my prison sentence was shortened and I stayed in prison for eight months. Immediately after I was released from prison, the public prosecutor raised charges against me on account of embezzlement of money intended to renew a temple in Veles. Despite the fact that the money in concern had not even been touched to be spent, not to even mention embezzled or misappropriated, and it was deposited in the court, with the calculated interest, on the very first day when the court asked for it, I, being the second person convicted, received a sentence of one year in prison, and the treasurer, who was the first person convicted, received five months of imprisonment. This prison sentence was also shortened, once again after pressure from outside, and I stayed in prison for eight months, again.
In the meanwhile, all of these years, besides the fact that the emphasis of the persecution was put on me, the authorities were not shy of maltreating the other members of our Church as well. There is almost no exiting or entering the Republic of Macedonia when the police do not maltreat the bishops, priests or monastics of the Ohrid Archbishopric for several hours. During the first years it often happened that the police raided during religious service, despite having no right to do this since we officiated on private property. They often executed searches into the bishops’ and priests’ houses, rudely and with no court order. It is not even worth to mention the puny insults and cussing by the police officers against our believing people. In 2005, before the eyes of the police, people, who were obviously collaborators of the police, demolished the place where we held religious service in Skopje. After the demolition they left a writing on the wall which said “Macedonian Orthodox Church”. I shall not dwell over the fact that this awful act was staged by the Macedonian Orthodox Church, but I cannot remain silent about what happened before the eyes of the police and the police did nothing to prevent this. Instead of appeasing inter-religious tension, the authorities in the Republic of Macedonia do everything to instigate it. It was the same until the civil conflicts with the Albanians in 2001. The authorities suppressed and overlooked the demands of the Albanians, Muslims, until they took guns into their arms. It should not be expected that we will do the same. We are a Church and we know that violence breeds nothing good. Violence breeds violence and nothing else. We have decided to use patience to conquer the violence which is being executed over our Church for nearly 6 years, without a stop, but our strength is slipping away. What is done to us by the authorities in the Republic of Macedonia, in the 21 century is worse than barbarism. Not to recognize the freedom of choice as regards religion, now, in the 21 century, is much worse than leading a religious war in the pre-New Testament period. The civilization has a path of development, but where on this path is the Republic of Macedonia, which is in the heart of Europe, a candidate for Euro-Atlantic integration and signatory of the protocol of the International Court of Human Rights in Strasbourg?
By this I wanted to give a really brief summary of all that has happened on the religious and political field in the Republic of Macedonia and which is related to the Church I belong to, the Ohrid Archbishopric. I will mention also that we filed a request for registration of the Ohrid Archbishopric to the government commission for relations with the religious communities but we were rejected, and after the rejected filed charges to the Supreme Court, we filed for proceedings before the Court of Human Rights in Strasbourg. On the day after tomorrow, 22 June, it will have been 6 years since we acceded to unity with the Serbian Orthodox Church and we still have not been recognized by the authorities in the Republic of Macedonia. On 1 May, this current year, the new law on religious communities entered into effect. We filed a request for registration before the court on 26 May, this year, and the court is obliged to answer within 30 days if we are to be registered or not. In a few days time these 30 days will have passed, we still have no answer from the court, and I fear we are not going to receive it in the foreseen time frame, since for the previous decisions we waited for years.
Therefore, my questions are as follows:
1. Is the overlooking of the factual existence of the Ohrid Archbishopric and its unrecognizing by the state authorities in the Republic of Macedonia a contribution of this state to the building of peace in Southeast Europe?
2. Are the court proceedings, maltreatments and the various types of pressure exerted over me, as an Archbishop of a Church, as well as on the other members of the Ohrid Archbishopric, by the police and the courts of the Republic of Macedonia creating an ambiance for activity of the religious communities in this country?
3. Is the demolition of religious buildings of the Orhid Archbishopric by the government authorities creating mutual trust between the members of the Church, being citizens of the Republic of Macedonia, and the governmental agencies of the same state?
I have asked only these three questions from the numerous existent ones in order to present before this esteemed gathering that what I mentioned in the very beginning is really necessary. In order for the religious communities to give any sort of contribution to the building of peace in Southeast Europe there are some necessary preconditions that need to be provided by the state authorities of this region by their respect of, at least, the basic and guaranteed religious rights of every person. With great regret, even feeling embarrassed for this, since I am a citizen of this state, with great responsibility and understanding for the political situation of the country, but in the name of justice and truth I must declare that the basic human rights are not respected in the Republic of Macedonia. It is not the right to religious affiliation, but also the human and democratic rights to political freedom, because as it was seen during the last parliamentary elections in June 2008 a civilian died and several other were wounded from excessive use of force by the police.
I would like to summarize the following from all of the above: With disrespecting the guaranteed human rights, not only the religious but also the political rights of certain minorities, the Republic of Macedonia becomes a source of instability in Southeast Europe. I wonder how in a state in which there is no rule of law, such as the Republic of Macedonia, and which by this constantly proves to be a factor of instability in the region can a persecuted Church, such as the Ohrid Archbishopric, give a contribution to the building of lasting peace in Southeast Europe?
Forgive me if you expected solutions from me, but you received a problem. We could not resolve this for full six years, so that is why we pose it before you. We even expect of someone to tell us that we exaggerate, but do not let this subject go unnoticed. We have regularly informed of these issues the representatives of the European Union and the US State Department. We regularly informed the organizations that deal with human rights issues, but besides entering this into their annual reports and besides receiving answers from the representatives of the European Union that the Republic of Macedonia cannot become a member of the European Union until it secures the respect of the religious rights of its citizens, we have the impression that no one conditions this state to change its totalitarian politics. I repeat once again, the politics that do not respect the fundamental human rights have always been and remain a source of instability in the region.
20 June 2008
Strasbourg
ARCHBISHOP AND METROPOLITAN
+ of Ohrid and Skopje, Jovan
