ISSUE - Kashmir Follow-up Proposal for India and Pakistan Universal Periodic Reviews

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

KASHMIR’S HINDUS AND MUSLIMS IN SHRINE DISPUTE

 

Issue: Follow-up Proposal for India and Pakistan Universal Periodic Reviews - Kashmir Valley and Jammu-Kashmir area.

 

For: United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media, Civil Society

                                                                                                                                                                             

Review: New York Times, Hindus and Muslims in Kashmir Face Off Over Land Near Shrine- Further Stress on India-Pakistan Relations, By Somini Sengupta, New York Times, Saturday – August 9, 2008.

 

Excerpt: “DELHI – A dispute over 98 acres high in the Himalayas has ignited violent protests in Indian-controlled Kashmir for more than a month and pitted its Hindu and Muslim populations against each other. The Indian Army has sent thousands of soldiers to quell the disturbances, and the government is scrambling to ensure that it does not aggravate Hindu-Muslim tensions throughout India…This week, schools and shops remained closed in both Srinagar, which lies in the Muslim-majority Kashmir Valley, and Jammu, in the Hindu-majority plains. Jammu was put under curfew after Hindu nationalists staged protests, disrupted road and rail traffic, and set some Muslim-owned homes and cars afire.” 

 

In 2008 the UN Human Rights Council launched the Universal Periodic Review. The Universal Periodic Review begins with a presentation of a National Report by a UN Member State and inter-active dialogue with the UN Human Rights Council. The Human Rights Council drafts a Working Group Report and later, outcomes and follow-up recommendations after a second inter-active dialogue with the Human Rights Council and other Stakeholders. The UN Working Group Report, Other Reports and audio/visual UN web cast presentations with inter-active dialogues are accessed by Related Web Cast Archives. The archives of the Universal Periodic Review (UPR) for India in the first session of 2008 and Pakistan in the second session of 2008 are attached Word Document files. In large countries like India and Pakistan many regions and several topics in each country have human rights issues. The Kashmir Valley and Jammu-Kashmir area is one of them.

 

The Tandem Project Objectives on Dialogue and Education: (1) Use International Human Rights Standards on Freedom of Religion or Belief as a platform for dialogue on deeply-held principles and values within and among nations, all religions and other beliefs. (2) Adapt these human rights standards to early childhood education, teaching children, from the very beginning, that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.1

 

International Human Rights Standards on Freedom of Religion or Belief are international law and universal codes of conduct for peaceful cooperation, respectful competition and resolution of conflicts. The identification of achievements, best practices, challenges and constraints on these standards should be part of the follow-up to the India and Pakistan Universal Periodic Reviews. 

 

The Tandem Project proposes the governments of India and Pakistan; civil society and NGO stakeholders establish a UPR follow-up procedure in the Kashmir Valley and Jammu-Kashmir area using International Human Rights Standards on Freedom of Religion or Belief.

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Link: International Section, New York Times, Hindus and Muslims in Kashmir Face Off Over Land N ear Shrine- Further Stress on India-Pakistan Relations

 

http://www.nytimes.com/2008/08/09/world/asia/09kashmir.html?_r=1&oref=slogin&ref=todayspaper&pagewanted=print

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Excerpts: Excerpts are presented under the Eight Articles of the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. An Issue Statement follows the excerpts.   

 

1. 1 Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practices and teaching.

 

1. 2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.

 

1. 3 Freedom to manifest one’s religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

 

6. 1 To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;

 

The crisis centers on a Hindu shrine that, according to a local legend, was discovered by a Muslim shepherd more than a century ago. The cave shrine, known as Amarnath and situated at an altitude of more than 12,000 feet, contains a stalagmite of ice that Hindus consider a representation of Shiva, one of their most important gods.

 

Even through the years of bitter anti-Indian insurgency in Kashmir, Hindu pilgrims have always trekked to Amarnath. This year, half a million have come, finding shelter along the way in makeshift camps on state government land. In late May, the Kashmir state government allotted that land to the panel that runs the Amarnath shrine, which planned to erect prefabricated shelters on it for pilgrims. Kashmiri Muslims erupted in protest. Land ownership is an acutely sensitive issue in Kashmir, which prohibits outsiders from owning property. Many Hindus say that as India’s religious majority, they are entitled to the contested 98 acres.

 

The divide between Hindu and Muslim Kashmir is starkest along the national highway that links the two.  A block imposed by Hindu nationalists has kept supplies from flowing in and out of the Kashmir Valley, with its Muslim majority.

 

Pakistan and India both claim Kashmir, an irreconcilable source of sectarian hostility since 1947, when colonial India was partitioned to create India and Pakistan. India controls southern Kashmir while Pakistan controls the northwestern part. Relations between the nations are tense, and Indian officials worry that the grievances felt by Muslims in the Kashmir Valley might be exploited by their supporters in Pakistan.

 

Many Kashmiri’s say the bad old days have returned to haunt them. Five years ago, Vijay Dhar, a Kashmiri Hindu, returned to Srinagar to open an elite private school. On Thursday, protesters pelted several of his school buses with stones and smashed their windows. On Friday, the school remained closed. He said he was taking no chances.

 

“Education is totally gone again,” Mr. Dhar said from Srinagar. During Mr. Malik’s rebellion [1989], he said, that had happened regularly.

 

Hari Kumar contributed reporting from New Delhi, and Yusuf Jameel from Srinagar.

 

ISSUE STATEMENT: There has been conflict and the wars in the Kashmir Valley and the Jammu-Kashmir area between India and Pakistan since 1947. Sectarian disputes in the region actually began many centuries ago first between Buddhist sects then between Muslims and Hindus. Wars have been fought over disputed land in 1947, 1965 and 1999. “Kashmir remains a bitterly divided land.  The official stated stance of India is that Kashmir is an integral part of India, while the official stated stance of Pakistan is that Kashmir is disputed territory whose final status can only be determined by the Kashmiri people. The United Nations Security Council has tried to mediate this dispute starting as early as 1948 with the appointment of a UN Committee for India and Pakistan. The Simla Agreement was signed in 1972 between India and Pakistan, agreeing to settle all issues by peaceful means and mutual discussions in the framework of the UN Charter.” 2. Yet disputes keep recurring between brief periods of peace.

 

What seems like an irreconcilable task by the U.N. Security Council may be an opportunity for a follow-up test of the effectiveness of the new U.N. Human Rights Council Universal Periodic Review. The U.N. General Assembly approved Universal Periodic Review is a mechanism for reviewing human rights obligations of all U.N. Member States. In the Inter-active Dialogue between India and U.N. Human Rights Council members in the first session in 2008, India received 18 Conclusions and Recommendations. Pakistan in the second session of 2008 received 43 Conclusions and Recommendations in the outcome to their Universal Periodic Review. While recommendations for neither of the two countries refer specifically to the Kashmir Valley and Jammu-Kashmir area disputes, both had suggestions for human rights education and references to deeply-held religious principles and values.

 

The current dispute is over land and the right of access to shelter on the way to the Amarnath religious shrine of the Hindus. This means rights found in Article 6 of the 1981 U.N. Declaration can be a platform for dialogue and resolution of this conflict: 6. 1: To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes.

 

The Tandem Project Objectives on Dialogue and Education: (1) Use International Human Rights Standards on Freedom of Religion or Belief as a platform for genuine dialogue on deeply-held principles and values within and among nations, all religions and other beliefs. (2) Adapt these human rights standards to early childhood education, teaching children, from the very beginning, that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.1

 

Especially important is early childhood education on the right to change one’s religion or belief. This is a point of religious and cultural contention in the United Nations Human Rights Council as evidenced on 14 December 2007 failure to pass a resolution by consensus on the mandate for extension of the work of the U.N. Special Rapporteur on Freedom of Religion or Belief. The vote on Resolution (A/HRC/RES/6/37) on Freedom of Religion or Belief and Universal Periodic Reviews for India and Pakistan are attached as Word Document files. 

 

The Tandem Project proposes the governments of India and Pakistan, civil society and NGO stakeholders establish a UPR follow-up procedure in the Kashmir Valley and Jammu-Kashmir area using International Human Rights Standards on Freedom of Religion or Belief.

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STANDARDS: http://www.tandemproject.com/program/81_dec.htm

 

The Tandem Project: a non-governmental organization founded in 1986 to build understanding, tolerance and respect for diversity, and to prevent discrimination in matters relating to freedom of religion or belief. The Tandem Project, a non-profit NGO, has sponsored multiple conferences, curricula, reference materials and programs on Article 18 of the International Covenant on Civil and Political Rights – Everyone shall have the right to freedom of thought, conscience and religion - and 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

 

The Tandem Project initiative is the result of a co-founder representing the World Federation of United Nations Associations at the United Nations Geneva Seminar, Encouragement of Understanding, Tolerance and Respect in Matters Relating to Freedom of Religion or Belief, called by the UN Secretariat in 1984 on ways to implement the 1981 UN Declaration. In 1986, The Tandem Project organized the first NGO International Conference on the 1981 UN Declaration.

 

The Tandem Project Executive Director is: Michael M. Roan, mroan@tandemproject.com. 

 

The Tandem Project is a UN NGO in Special Consultative Status with the

Economic and Social Council of the United Nations

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Postscript: Closing the Gap – International Standards for National and Local Applications, considers the question of a Convention on Freedom of Religion or Belief followed by a Response from the Special Rapporteur on Freedom of Religion or Belief and The Tandem Project Concept, an option that reflects the inclusive values of the Universal Declaration of Human Rights through human rights-based Dialogue and Education.

 

Closing the Gap - International Standards for National and Local Applications

 

Objective: Build understanding and support for Article 18, International Covenant on Civil and Political Rights –Everyone shall have the right to freedom of thought, conscience and religion - and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. Encourage the United Nations, Governments, Religions or Beliefs, Academia, NGOs, Media and Civil Society to consider the rule of law and international human rights standards as essential for long-term solutions to conflicts based on religion or belief.

 

Challenge: In 1968 the United Nations deferred work on an International Convention on the Elimination of all Forms of Religious Intolerance, because of its apparent complexity and sensitivity. In the twenty-first century, a dramatic increase of intolerance and discrimination on grounds of religion or belief is motivating a worldwide search to find solutions to these problems. This is a challenge calling for enhanced dialogue by States and others; including consideration of an International Convention on Freedom of Religion or Belief for protection of and accountability by all religions or beliefs. The tensions in today’s world inspire a question such as:

 

Should the United Nations adopt an International Convention on Freedom of Religion or Belief?

 

Response: Is it the appropriate moment to reinitiate the drafting of a legally binding international convention on freedom of religion or belief? Law making of this nature requires a minimum consensus and an environment that appeals to reason rather than emotions. At the same time we are on a learning curve as the various dimensions of the Declaration are being explored. Many academics have produced voluminous books on these questions but more ground has to be prepared before setting up of a UN working group on drafting a convention. In my opinion, we should not try to rush the elaboration of a Convention on Freedom of Religion or Belief, especially not in times of high tensions and unpreparedness. - UN Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, Prague 25 Year Anniversary Commemoration of the 1981 UN Declaration, 25 November 2006.

 

Option: After forty years this may be the time, however complex and sensitive, for the United Nations Human Rights Council to appoint an Open-ended Working Group to draft a United Nations Convention on Freedom of Religion or Belief. The mandate for an Open-ended Working Group ought to assure nothing in a draft Convention will be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights, the International Covenants on Human Rights, and the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

 

Concept: Separation of Religion or Belief and State – SOROBAS. The First Preamble to the 1948 United Nations Universal Declaration of Human Rights; “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. This concept suggests States recalling their history, culture and constitution adopt fair and equal human rights protection for all religions or beliefs as described in General Comment 22 on Article 18, International Covenant on Civil and Political Rights, UN Human Rights Committee, 20 July 1993 (CCPR/C/21/Rev.1/Add.4):

 

Article 18: protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with international characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community. Article 18: permits restrictions to manifest a religion or belief only if such limitations are prescribed by law and necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

 

Dialogue & Education

 

Dialogue: United Nations Secretary General Ban Ki Moon, at the Alliance of Civilizations Madrid Forum said; “Never in our lifetime has there been a more desperate need for constructive and committed dialogue, among individuals, among communities, among cultures, among and between nations.” A writer in another setting has said, “The warning signs are clear: unless we establish genuine dialogue within and among all kinds of belief, ranging from religious fundamentalism to secular dogmatism, the conflicts of the future will probably be even more deadly.”

 

International Human Rights Standards on Freedom of Religion or Belief are international law and universal codes of conduct for peaceful cooperation, respectful competition and resolution of conflicts. They can be used as a platform for genuine dialogue on deeply-held principles and values within and among nations, all religions and other beliefs.

 

Education: Ambassador Piet de Klerk addressing the Prague 25 Year Anniversary Commemoration of the 1981 U.N. Declaration said; “Our educational systems need to provide children with a broad orientation: from the very beginning, children should be taught that their own religion is one out of many and that it is a personal choice for everyone to adhere to the religion or belief by which he or she feels most inspired, or to adhere to no religion or belief at all.”1.

 

The 1981 U.N. Declaration states; “Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents, the best interests of the child being the guiding principle.” With International Human Rights safeguards, early childhood education is the best time to begin to teach tolerance, understanding and respect for freedom of religion or belief.

 

2. http://en.wikipedia.org/wiki/History_of_the_Kashmir_conflict

 

 Documents Attached:

 

Kashmir's Hindus and Muslims in Shrine Dispute

INDIA - Freedom of Religion or Belief and Other Reports in 1st Universal Periodic Review

PAKISTAN - Freedom of Religion or Belief and Other Reports in 2nd Universal Periodic Review

No Consensus for Resolution on Freedom of Religion or Belief