ISSUE - 2009 UN Report on Freedom of Religion or Belief & Call for a UN Working Group

 

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

2009 REPORT OF THE UN SPECIAL RAPPORTEUR ON FREEDOM

OF RELIGION OR BELIEF & CALL FOR A UN WORKING GROUP

 

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Issue: 2009 U.N. Special Rapporteur Report on Freedom of Religion or Belief & Call for a UN Working Group.

 

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

                                                                                                                                                                             

Review: Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development, (A/HRC/10/8) - Report of the Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir. Agenda item 3.

 

The report of the UN Special Rapporteur on Freedom of Religion or Belief was rescheduled for Thursday, 12 March 2009 in morning session at 10:00-13:00. The reports of the UN Special Rapporteur on Freedom of Religion or Belief are available on the Human Rights Council web cast. Time for all reports and interactive dialogue continues to be a problem. After UN Member States comments, many NGO statements were not read due to time limitations. This is the link to the Thursday web cast of her report and interactive dialogue.

 

http://www.un.org/webcast/unhrc/archive.asp?go=010

 

Here are links to the 2009 UN report (A/HRC/10/8/) and addendum on her visit to Israel and the Occupied Palestinian Territories (A/HRC/10/8/Add.2). Gender-2009 UN Report by the Special Rapporteur on Freedom of Religion or Belief is found on page 3 of this review. 

 

Summary - 2009 UN Report by Special Rapporteur on Freedom of Religion or Belief

Dialogue - 2009 Report by UN Special Rapporteur on Freedom of Religion or Belief

Economic-Social-Cultural Rights - 2009 Report UN Rapporteur on Freedom of Religion or Belief

Israel & OPT - 2009 Visit of UN Special Rapporteur on Freedom of Religion or Belief

 

The Tandem Project believes that the Universal Periodic Review on Israel and the Occupied Palestinian Territories illustrate a need for a new United Nations system approach for long-term solutions to conflicts based on religion or belief. This should begin with a call to the UN Human Rights Council to establish a Working Group for a Convention on Freedom of Religion or Belief, deferred since 1968.

 

The objections to a UN Working Group are these; derogating the gains made in rights-based law on freedom of religion or belief, lack of consensus by UN Member States on core ideological issues such as apostasy, defamation, conversion and freedom of opinion and expression. 

 

The advantages of a UN Working Group, in our opinion, outweigh the disadvantages. Deferral of a Convention on Religious Intolerance in 1968 led to a downgrade from a core international treaty-based human rights instrument to declaration. This deferral demonstrates the complexity and sensitivity of religion as a human rights instrument in ethnic, cultural and political affairs. Issues in matters of religion or belief began to be sent to several treaty-based committees, working groups and sub-committees, diluting the focus of religion or belief to stand alone as it was intended to be, one of the first core international treaty-based human rights instruments anchoring the Universal Declaration of Human Rights. 

Until freedom of religion or belief achieves treaty-based convention status, at a level with other treaty-based conventions, the UN human rights system will be incomplete. Now may be the time to renew the UN Working Group as a breakthrough paradigm. The awesome challenge is to reconcile international human rights standards on freedom of religion or belief with the truth claims of religious and non-religious beliefs, not an easy task.

 

2010 is the fifty year anniversary of the seminal 1960 study on freedom of religion or belief by Arcot Krishnaswami of India; Study of Discrimination in the Matter of Religious Rights and Practices (E/CN.4/Sub.2/200/Rev.1). The first sentence to the introduction of this incredibly well thought out and researched document reads: “Truly great religions and beliefs (1)  are based upon ethical tenets such as the duty to widen the bounds of good-neighborliness and the obligation to meet human need in the broadest sense.” He writes in the footnote: “In view of the difficulty of defining ‘religion’, the term ‘religion or belief’ is used in this study to include, in addition to various theistic creeds, such other beliefs as agnosticism, free thought, atheism and rationalism.” This led to the inclusive use of the term Freedom of Religion or Belief.

 

2010 is the year for the UN Human Rights Council to establish a Working Group on Freedom of Religion or Belief in honor of the 1960 Arcot Krishnaswami study.

 

As we are all painfully aware, religious conflict continues to escalate worldwide whether in the Middle East, Eastern Europe, Africa, South Asia, East Asia or the Americas. Acceptance of the rights of others to their own beliefs continues to be a value denied for millions of people. Much suffering is inflicted in the name of religion or belief on minorities, women and children and “the other” for the most part by perpetrators in total disregard for the tenets of their own faiths.

 

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.” Another writer in different setting 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.” 

 

Inclusive and genuine dialogue is essential as a first step in the preamble to the Universal Declaration of Human Rights; recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The leaders of religious and non-religious beliefs sanction the truth claims of their own traditions. They are the key to raising awareness and acceptance of the value to respectfully hold truth claims in tandem with human rights standards on freedom of religion or belief.

 

International Human Rights Standards on Freedom of Religion or Belief monitor governments, religions or beliefs, non-governmental organizations, civil society and individuals living under constitutional systems such as separation of church and state, state church, theocratic, and non-constitutional legal frameworks. This inclusive nomenclature may really be called Separation of Religion or Belief and State, equal, fair and practical support for all theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief; as proposed by Arcot Krishnaswami in 1960 and written in the UN Human Rights Committee General Comment on Article 18 of the International Covenant on Civil and Political Rights.

 

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.

 

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.  

 

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.

 

2. 1 No one shall be subject to discrimination by any State, institution, group of persons or person on the grounds of religion or other beliefs.

 

Gender – 2009 Report of UN Special Rapporteur on Freedom of Religion or Belief

(A/HRC/10/8)

 

D. Application of a Gender Perspective

 

25. Since 1996, the Commission on Human Rights and the Human Rights Council has persistently stressed in their resolutions the need to continue to apply a gender perspective, inter alia, through the identification of gender-specific abuses, in the reporting process, including in information collection and in recommendations. In doing so they have constantly reaffirmed the need for the Special Rapporteur to highlight situations and address cases pertaining to discrimination against women based on religion or belief.

 

26. In 2002, the previous mandate-holder submitted a comprehensive study on freedom of religion or belief and the status of women from the viewpoint of religion and traditions (E/CN.4/2002/73/Add.2), in which he noted that many forms of discrimination against women were based on or attributed to religion, tolerated by the State and in some cases enshrined in legislation. At the heart of this problem lies the fact that discriminatory and harmful practices against women, such as female genital mutilation, polygamy, discriminations related to inheritance, sacred prostitution, general preference to have boys, are often perpetrated by individuals or communities who perceive them as a religious obligation or as being part of their freedom to manifest their religion or belief. However, the previous mandate-holder argued that religions have not invented discriminatory and harmful practices against women; rather these practices are mainly attributable to a cultural interpretation of religious precepts.

 

The concepts of culture and religion are, however, inextricably linked; it is therefore difficult to dissociate religion from culture and traditions, since religion is itself a tradition. Nonetheless, he concluded that an important number of these discriminatory practices have decreased over time. This is mainly due to a willful strategy of the State to tackle the root causes by modifying certain cultural schemes through reforms pertaining to, inter alia, all aspects of social and family life. The previous mandate-holder emphasized that, while certain traditional practices have ancestral origins, the Government nevertheless remains responsible to protect women from discriminatory practices perpetrated by individuals or communities on its territory.

 

27. The responsibility to protect women from discriminatory practices based on, or attributed to, religion has also been addressed by the current mandate-holder since 2004. At the very outset, the Special Rapporteur re-emphasized that freedom of religion or belief is a fundamental human right of a non-derogable character which can be limited only under restricted conditions determined pursuant to article 18 (3) of the International Covenant on Civil and Political Rights. Nevertheless, this right, like other human rights, cannot be used to justify the violation of other human rights.

 

28. The Special Rapporteur has sent joint communications with other special procedures mandate-holders – such at the Special Rapporteur on the violence against women, its causes and consequences and the Special Rapporteur on trafficking in persons, especially women and children – on cases where women suffer from discrimination on the grounds of gender and religion or belief. In addition, several of her recent country reports include subchapters on the specific situation of women (A/HRC/7/10/Add.2 and Add.3; A/HRC/10/8/Add.2 and Add.3). In these reports, she refers to discriminatory and harmful practices against women, including honor killings, polygamy, marriage or underage girls and prohibition or coercion to wear religious symbols. She has also devoted particular attention to religion-based personal laws, in particular areas of divorce, inheritance, custody of children and transmission of citizenship.

 

ISSUE STATEMENT: International Human Rights Standards on Freedom or Religion or Belief are international law and universal codes of conduct for peaceful cooperation, respectful competition and resolution of conflicts. The standards are a platform for inclusive and genuine dialogue on core principles and values within and among nations, all religions and other beliefs.

_____________________________________________________________________________________________

 

Documents Attached:

 

2009 UN Report on Freedom of Religion or Belief & Call for a UN Working Group

Universal Periodic Review & Freedom of Religion or Belief

A Local-National-Global Conflict & Freedom of Religion or Belief

 

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

 

Goal: To eliminate all forms of intolerance and discrimination based on religion or belief.

 

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.” Another writer in different setting 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.” 

 

Challenge: to reconcile international human rights standards on freedom of religion or belief with the truth claims of religious and non-religious beliefs. 

 

Did God create us or did we create God? This question calls for inclusive and genuine dialogue, respectful and thoughtful responses, discussion of taboos and clarity by persons of diverse beliefs. Inclusive and genuine is dialogue between people of theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. These UN categories embodied in international law promote tolerance and prevent discrimination based on religion or belief.

 

Inclusive and genuine dialogue is essential as a first step in recognition of the inherent dignity, equal and inalienable rights of all members of the human family, and a foundation for freedom, justice and peace in the world. Leaders of religious and non-religious beliefs sanction the truth claims of their own traditions. They are the key to raising awareness and acceptance of the value of holding truth claims in tandem with human rights standards on freedom of religion or belief.

 

To 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 International Human Rights Standards on Freedom of Religion or Belief as essential for long-term solutions to conflicts in all matters relating to religion or belief.

 

Objectives:

 

1. Use International Human Rights Standards on Freedom of Religion or Belief as a platform for genuine dialogue on the core 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

 

History: 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.

 

Separation of Religion or Belief and State

 

Concept:  Separation of Religion or Belief and State - SOROBAS. The First Preamble to the 1948 United Nations Universal Declaration of Human Rights reads; “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: International Human Rights Standards on Freedom or Religion or Belief are international law and universal codes 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 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

 

1981 U.N. Declaration on Freedom of Religion or Belief

 

5.2: 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 build tolerance, understanding and respect for freedom of religion or belief.

 

5.3: The child shall be protected from any form of discrimination on the grounds of religion or belief. He shall be brought up in a spirit of understanding, tolerance, and friendship among peoples, peace and universal brotherhood, respect for the freedom of religion or belief of others and in full consciousness that his energy and talents should be devoted to the service of his fellow men.