THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
THE
PROJECT ON MISSIONARY ACTIVITIES
AND HUMAN RIGHTS
Issue: Missionary Activity and Human Rights: a
project on resolution of conflicts arising from missionary activities.
For: United Nations, Governments, Religions or Beliefs,
Academia, NGOs, Media, Civil Society
Release: The Oslo Coalition Project on Missionary Activity
and Human Rights is an outstanding example of how to use International Human
Rights Standards on Freedom of Religion or Belief. A common code of conduct for
missionary activities has been drafted and a conference on this draft will be held
in
The Tandem Project encourages this common code of
conduct to resolve conflicts arising from missionary activities be considered
as an example of International Human Rights Standards on Freedom of Religion or
Belief in consultations with the Norwegian government for the National Report
on their Universal Periodic Review in 2009.
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Link to the
http://www.oslocoalition.org/mhr_background_eng.php
http://www.oslocoalition.org/mhr.php
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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. Examples of extracts are presented
prior to an Issue Statement for each Review.
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.
6.1 In accordance with Article 1 of the present
Declaration, and subject to the provisions of Article 1, paragraph 3, the right
to freedom of thought, conscience, religion or belief shall include, inter
alia, the following freedoms:
6. 4 To write issue and
disseminate relevant publications in these areas;
6. 5 To teach a religion or
belief in places suitable for these purposes;
The
right to engage in faith persuasion as a part of the right to manifest one's
religion or belief
The right to engage in faith persuasion is not explicitly
mentioned in art. 18. However, this will normally be a part of the
“manifestation” of a belief, cf. para. 1 of the article – as “teaching” or as
“practice”, the latter covering all thinkable forms of manifestations that are
not explicitly mentioned in the article.[5]
In some religions, the believers are urged by the religious doctrines to try to
spread the faith. And for all beliefs, as long as the believer is strongly
convinced, he or she will have a natural wish to try to convince others of the
“truth” - if the “truth” is decisive for an afterlife as well, this wish may be
strong. Even if not being an integral part of a religion's or belief's
dogmas, such kind of faith persuasion is covered by the phrase “manifestation”.
Falling within the ambit of art. 18 (1), the state
may not interfere in proselytism activities without this being legitimate after
para. 3 of the article (the “negative obligation”), cf. para. 6 below.
Furthermore, the state has a “positive obligation”, to “ensure” the right: [6]
The state is obliged to give its citizens protection against clear violations
from other citizens who do not respect this right. Thus, the state may be
obliged to protect an adherent of a minority belief, trying to convince a
member of the majority religion, against harassment from the majority.
The right to engage in faith persuasion is not
explicitly mentioned in art. 18. However, this will normally be a part of the
“manifestation” of a belief, cf. para. 1 of the article – as “teaching” or as
“practice”, the latter covering all thinkable forms of manifestations that are
not explicitly mentioned in the article.[5]
In some religions, the believers are urged by the religious doctrines to try to
spread the faith. And for all beliefs, as long as the believer is strongly
convinced, he or she will have a natural wish to try to convince others of the
“truth” - if the “truth” is decisive for an afterlife as well, this wish may be
strong. Even if not being an integral part of a religion's or belief's
dogmas, such kind of faith persuasion is covered by the phrase “manifestation”.
The most important international legislation on
the freedom of religion or belief, is art. 18 in the United Nation's
International Covenant on Civil and Political Rights (CCPR), from 1966. CCPR
art. 18 is built upon art. 18 of the Universal Declaration of Human Rights (DHR),
from 1948.[1]
Some important issues regarding discrimination are
treated in the Declaration on the Elimination of All Forms of Intolerance and
of Discrimination Based on Religion or Belief (1981).
Freedom of religion or belief is also protected by
some regional instruments, like the European Convention on Human Rights (ECHR)
art. 9 and the American Convention on Human Rights (ACHR) art. 12.
About 160 states have ratified CCPR, and the
freedom of religion or belief has generally a wide recognition. Thus, there are
good reasons for stating that the basic elements of the freedom of religion or
belief as expressed in art. 18, are international customary law. This means
that the states are legally obliged to respect this freedom, regardless of the
ratification status of the different conventions.
Some parts of the text of CCPR art. 18 are vague.
To be able to get a closer understanding of CCPR art. 18, the UN Human Rights
Committee has delivered a General Comment on this freedom (General Comment no.
22, from 1993). In addition, the Human Rights Committee may, for those states
that have accepted this opportunity, decide individual complaints.[2]
The Committee has not till this date decided cases on proselytism. Yet, a
couple of cases on proselytism have been decided by the European Court of Human
Rights. Because of the almost similar wording of ECHR art. 9 and CCPR art. 18,
the jurisprudence of the
ISSUE STATEMENT: The U.N. Special Rapporteur on Freedom of Religion or
Belief,
The Oslo Coalition on Freedom of Religion or Belief is
doing this with the Project on Missionary Activity and Human Rights, A common code of conduct for missionary activities has been
drafted and a conference on this draft will be held in
A second effort underway to create a common code of conduct for religious conversions is being
drafted by the
International Human Rights Standards on Freedom of
Religion or Belief are international law and a universal code of
conduct for peaceful cooperation, respectful competition and
resolution of conflicts. These standards can be a platform for genuine dialogue
on core principles and values within and among nations, all religions and other
beliefs.
Inter-religious, inter-cultural dialogues focus on
fundamental values shared virtually universally by public, private, religious and
non-religious organizations to change how our cultures view differences, how we
often behave toward one another and to forestall the reflexive hostility we see
so vividly around the world.
Surely one of the best hope’s for humankind is to
embrace a culture in which religions and other beliefs accept one another, in
which wars and violence are not tolerated in the name of an exclusive right to
truth, in which children are raised to solve conflicts with mediation,
compassion and understanding.
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STANDARDS: http://www.tandemproject.com/program/81_dec.htm
Submit information under the Eight Articles and
sub-paragraphs of the 1981 U.N. Declaration on the Elimination of All Forms of
Intolerance and Discrimination Based on Religion or Belief in The Tandem
Project Country & Community Database.
http://www.tandemproject.com/databases/forms/card.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: considers the
objective, challenge and question of a Convention on Freedom of Religion or
Belief followed by a response from the U.N. Special Rapporteur on Freedom of
Religion or Belief. The Tandem Project proposes a concept, Separation
of Religion or Belief and State (SOROBAS) as an option for consideration. SOROBAS complements the core principles and values of the
Universal Declaration of Human Rights through rights-based Dialogue and
Education.
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 on Freedom of
Religion or Belief as essential for long-term solutions
to conflicts in matters relating to 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,
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,
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.
Separation of Religion or
Belief and State
The Tandem Project Concept, Separation
of Religion or Belief and State (SOROBAS) supports
the U.N. Human Rights Council in their responsibility to monitor implementation
of the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and
of Discrimination Based on Religion or Belief. The Tandem Project using
international human rights law reviews the actions of governments and civil
society living under separation of church and state, state church, theocratic
or other legal frameworks. The concept is equal and fair protection for all theistic, non-theistic and atheistic beliefs, as well as the right not
to profess any religion or belief in tandem with the rule of law and
international human rights standards on freedom of religion or belief.
Inter-religious, inter-cultural dialogues focus on
fundamental values shared virtually universally by public, private, religious
and non-religious organizations to change how our cultures views differences,
how we often behave toward one another and to forestall the reflexive hostility
we see so vividly around the world. Surely one of the best hopes for the future
of humankind is to embrace a culture in which religions and other beliefs
accept one another, in which wars and violence are not tolerated in the name of
an exclusive right to truth, in which children are raised to solve conflicts
with mediation, compassion and understanding.
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 code of conduct for
peaceful cooperation, respectful competition and resolution of conflicts. The standards
are a platform for genuine dialogue on core principles and values within and
among nations, all religions and other beliefs.
Education: Ambassador
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.
Documents Attached:
Norway - Project on Missionary Activity and Human Rights
Common Codes of Christian Conduct for Religous Conversions