Refusal to register religious associations

Multiple religious groups have been refused the right to register as formal entities in North Macedonia. The European Court of Human Rights has held that these refusals have been unjustified and for improper reasons. This case is one example.

Background

The Orthodox Ohrid Archdiocese is a non-registered religious association.  The association’s application for registration as a religious group was refused by the North Macedonian authorities and appeals dismissed. Reasons for the refusal included the objection that the group intended to become a parallel religious entity to Macedonian Orthodox Church.

Judgment of the European Court of Human Rights

The Court found that the reasons provided by the national authorities were neither relevant nor sufficient for banning registration of the religious group. This had amounted to a violation of the group’s rights to freedom of religion and association.

Shortcomings in Implementation

As of February 2019, the Orthodox Ohrid Archdiocese has still not been allowed to register as a religious entity – and other religious groups are in the same situation.  

The Committee of Ministers of the Council of Europe indicated that the domestic authorities are under an obligation to take full account of the Court’s findings to ensure effective enjoyment of the right to registration and legal personality for religious groups. The group of cases is being followed by a group of NGOs.

EIN Activity

A number of NGOs are following developments in this case, including EIN member the Association for the Protection of Constitutionality and Legality (UZUZ). A member of this organisation has attended an EIN training. The EIN Secretariat keeps the organisation updated on developments in the monitoring process and provides support for its submissions.

-        Case summary on Hudoc-EXEC

-        Judgment of the European Court of Human Rights