THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

UNITED NATIONS HUMAN RIGHTS COUNCIL RESOLUTION

ON FREEDOM OF RELIGION OR BELIEF (A/HRC/6/L.15/Rev.1)

 

Issue: Resolution on Freedom of Religion or Belief – mandate extended three years

 

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

                                                                                                                                                                             

Review: GENEVA – HR Council Media – Human Rights Council concludes resumed sixth session, 14 December 2007. “The Human Rights Council today concluded its resumed sixth session. In a resolution on the elimination of all forms of intolerance and discrimination based on religion or belief, the Council decides to extend the mandate of the Special Rapporteur on the protection, promotion and universal implementation of the right to freedom of religion or belief for a further period of three years.”

 

The Tandem Project breaks out the resolution (A/HRC/6/L.15/Rev.1) under the Eight Articles of the 1981 UN Declaration and prints the resolution in full at the end of this document. The resolution (A/HRC/6/L.15/Rev.1) was the only one of thirteen resolutions not to be adopted by consensus by the UN Human Rights Council. The International Service for Human Rights (ISHR) an international NGO reports in its Human Rights Monitor Series, on the draft by Portugal (on behalf of the EU) as having had a “rather turbulent history.” The Tandem Project includes excerpts of the International Service for Human Rights report in this Issue Statement and publishes the complete report, including the vote, at the end of this document.

 

Extracts: Extracts 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 Issues Statement for each Tandem Project Review.  

 

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 use these 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.

 

DOCUMENTS ATTACHED

 

Extract Examples: Extracts 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.

 

The articles of the 1981 UN Declaration are in Italics and excerpts from the draft resolution (A/HRC/6/L.15/Rev.1) are in bold print beneath the articles.

 

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

 

9. Urges States:

(a) To ensure that their constitutional and legislative systems provide adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction, inter alia, by the provision of effective remedies in cases where the right to freedom of thought, conscience, religion or belief, or the right to practice freely one’s religion, including the right to change one’s religion or belief, is violated;

 

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.

 

 

14. Further emphasizes that, as underlined by the Human Rights Committee, restrictions on the freedom to manifest religion or belief are permitted only if limitations are prescribed by law, are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others, and are applied in a manner that does not vitiate the right to freedom of thought, conscience and religion;

3. 1 Discrimination between human beings on grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations.

 

10. Stresses the need to strengthen dialogue, inter alia through the Global Agenda for Dialogue among Civilizations and the Alliance of Civilizations, including through the recently appointed High Representative of the Secretary-General for the Alliance of Civilizations and the focal unit created by the General Assembly in its resolution 61/221 within the Secretariat to interact with various entities in the United Nations system and coordinate their contribution to dialogue;

 

ISSUE STATEMENT: The Human Rights Council resolution extending the mandate of the Special Rapporteur on Freedom of Religion or Belief by three years (A/HRC/6/L.15/Rev/1) was the only resolution not to be passed by consensus. An attempt was made for consensus by leaving out 24 out of the original 40 paragraphs. According to the International Service for Human Rights report, “Portugal (on behalf of the EU) introduced the draft, regretted that despite intensive consultations since the end of the September part of the 6th session, consensus could not be reached. It said that the negotiations efforts were exhausted and it had no other option than bringing the draft to a vote. However, it pledged that it would take up the negotiations again; hoping that consensus on the issue could be re-established soon.” Before the vote, a total of 71 Member States and Observer States endorsed the Special Procedures resolution.

 

The International Service for Human Rights (ISHR) reported “Pakistan (on behalf of the EU) tabled a number of amendments to the European draft. However, the OIC decided to not pursue action on its amendments, and therefore only the European draft resolution had to be decided on. A number of States regretted that the EU was not ready to incorporate the amendments proposed by the OIC.”

 

The ISHR then reported, “Pakistan (on behalf of the EU) gave an extensive explanation of the vote before the vote. It said while the OIC opposes all forms of intolerance or discrimination based on religion or belief, and was always supportive of the mandate of the Special Rapporteur, it could not agree to the draft. Pakistan said that the draft touches some ‘concerns of fundamental importance to the members of the OIC’. In particular, the differences in the follow areas could not be resolved:

 

  • The OIC wanted a clearer denouncement of recent stereotyping of religions, their adherents and prophets in the media and by political parties in some societies.
  • It wanted to see the respect for all religions or belief enshrined in the resolution. They disagreed with the approach taken by the EU, which calls for the promotion of diversity and tolerance instead.
  • It called for the “respect for norms about the right to change one’s religion”. The EU draft explicitly urges States to guarantee the right to change one’s religion or belief, a requirement the OIC could not subscribe to.
  • The resolution urges all Governments to respond favorably to requests by the Special Rapporteur. The OIC was of the view that States should only “consider responding favorably” to such requests.

Based on these disagreements, the OIC called for a vote, and said it would abstain. A large number of OIC members of the Council then took the floor to align with the statement by Pakistan, and, while regretting the failure to achieve consensus, announced their abstention as well.”

 

Both Cuba and the Russian Federation said that they would have supported the amendments, had they been put to a vote. Cuba announced that it plans to elaborate a draft convention on religious intolerance, which would “solve once and for all this sensitive topic.”

 

The Tandem Project welcomes initiatives to consider renewing the United Nations Working Group, deferred in 1968, to draft a Convention on Religious Intolerance. However, we are aware of the concerns raised by the Special Rapporteur on Freedom of Religion or Belief whether this is the appropriate time to draft a legally-binding instrument. In her opinion, “Law making of this nature requires a minimum consensus and an environment that appeals to reason rather than emotions.” To understand the complex and sensitive chronology of the 1981 UN Declaration, The Tandem Project recommends reading the History of the 1981 UN Declaration on The Tandem Project website: http://www.tandemproject.com/program/history.htm. The Word File document – Concept: Separation of Religion or Belief and State (SOROBAS), is attached for consideration.

 

The selection and appointment of the mandate holders will be under Item I. Organizational and procedural matters: 7th Session of the United Nations Human Rights Council (3-28 March 2008).

 

The Tandem Project: a non-profit, non-governmental organization established in 1986 to build understanding and respect for diversity of religion or belief, and prevent discrimination in matters relating to freedom of religion or belief. The Tandem Project 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 the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

 

The Tandem Project initiative was launched in 1986 as the result of a co-founder representing the World Federation of United Nations Associations (WFUNA) at a 1984 United Nations Geneva Seminar, Encouragement of Understanding, Tolerance and Respect in Matters Relating to Freedom of Religion or Belief, called by the UN Secretariat 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: 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

 

 

Attachments:

UN HUMAN RIGHTS COUNCIL RESOLUTION ON FREEDOM OF RELIGION OR BELIEF.doc;
OHCHR-OIC - MEMORANDUM OF UNDERSTANDING IN THE FIELD OF HUMAN RIGHTS.doc;
INTERNATIONAL STANDARDS - ARTICLE 18 AND 1981 UN DECLARATION.doc;
CONCEPT - SEPARATION OF RELIGION OR BELIEF AND STATE.doc