ISSUE - Geneva NGO Committee on Freedom of Religion or Belief

 

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

ROLE OF THE GENEVA NGO COMMITTEE

ON FREEDOM OF RELIGION OR BELIEF

 

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Issue: Role of the Geneva NGO Committee on Freedom of Religion or Belief. 

 

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

                                                                                                                                                                             

Review: Outside of Geneva and the international human rights community few people recognize or know about the Geneva NGO Committee on Freedom of Religion or Belief and its role in the world.  

 

The Conference of NGOs in Consultative Relationship with the United Nations (CONGO) is over 50 years old. It brings together government delegations to discuss pertinent themes and issues before the UN and the international community. CONGO committees operate in three cities; New York, Geneva and Vienna. CONGO membership requires Consultative Status with the Economic and Social Council of the United Nations. Associate members can join but do not have voting privileges. NGO membership requires annual payment of dues.

 

Links: to websites of the Conference of NGOs in Consultative Relationship to the United Nations (CONGO) and the Geneva NGO Committee on Freedom of Religion or Belief.

 

http://www.ngocongo.org/index.php

http://www.ngocongo.org/index.php?what=committees&id=27

 

The Geneva CONGO Special Committee on Human Rights has a membership of 60 dues paying NGOs. They are eligible to join any of the twelve NGO Committees in Geneva.

 

The Geneva NGO Committee on Freedom of Religion or Belief is one of twelve CONGO NGO Committees in Geneva. It does not endorse the positions of members of the NGO Committee on substantive matters taken on behalf of their institutions, communities and constituencies they are in Geneva to represent.

 

Mission Statement:

 

“The NGO Committee on Freedom of Religion or Belief (Geneva) aims at protecting the freedom of religion or belief through the United Nation’s mechanisms and instruments as well as at supporting and coordinating activities of Non-Governmental Organizations so as to help to uphold UN standards and to implement its programmes in this field.”

 

Activities:

 

“The committee is established as a sub-committee of the CONGO Special Committee on Human Rights and aims to promote the fundamental freedom of religion or belief by supporting and coordinating NGO activities so as to help uphold UN standards.

 

In particular the NGO committee Geneva seeks to follow the work of the UN Special Rapporteur on Freedom of Religion or Belief, for example in arranging hearings at the time of meetings of the UN Council on Human Rights.”

 

Renew Focus:

 

The Committee holds regular monthly meetings but they are not always recorded on website News. The last meeting of the NGO Committee listed on their website News was June, 2008. Six NGOs attended, seven sent their apologies and an OHCHR staff person was not present. 

 

In the past the NGO Committee linked their news to a separate website which was kept up-to-date by an individual working on his PhD and volunteering his services. This might be considered again as a Geneva-based website for a program to expand international awareness and proponents for freedom of religion or belief.

 

The Universal Periodic Review on Israel and the Occupied Palestinian Territories and UN debate on Gaza illustrate the need for new paradigms in the UN approach for long-term solutions to conflicts based on religion or belief. This should begin with a UN Human Rights Council Working Group for a Convention on Freedom of Religion or Belief, deferred since 1968.

 

There are objections to a UN Working Group as a danger they may restrict or derogate gains already made in rights-based law on freedom of religion or belief. This is highlighted by no consensus currently on the UN Human Rights Council over core issues; apostasy, defamation, blasphemy, conversion and freedom of opinion and expression. 

 

Work on a draft Convention on Religious Intolerance was deferred in 1968 and downgraded as an international treaty-based human rights instrument to a declaration. This showed the dimensions of freedom of religion or belief to be the most complex and sensitive of human rights instruments in its deep impact on psychological, ethnic, cultural and political affairs. Diversion in matters of religion or belief to other treaty-based committees, working groups and sub-committees, dilutes the focus of freedom of religion or belief from its proper role intended to be a core international treaty-based human rights instrument anchoring the Universal Declaration of Human Rights. 

 

Until Freedom of Religion or Belief achieves treaty-based convention status, at a level with other core treaty-based conventions, the UN human rights system will be incomplete. Now is the time to establish a UN Working Group with a central focus on freedom of religion or belief. The Geneva NGO Committee on Freedom of Religion or Belief could then take on its proper role as key NGO support for the agenda of the UN Working Group.

 

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

 

How Close Are We to Inclusive & Genuine Dialogue on Freedom of Religion or Belief

 

As the UN Human Rights Council and UN Office of High Commissioner for Human Rights build their institutional infrastructures, concern is rising that the UN is downgrading the role of special procedures and NGOs supportive of the UN human rights system.

 

Asma Jahangir UN Special Rapporteur on Freedom of Religion or Belief will participate in the UN Human Rights Council Durban Review Conference April 20-24 in Geneva. The NGO Committee on Freedom of Religion or Belief is arranging an event for NGOs to meet with her.

 

Her 2009 report (A/HRC/10/8): Summary, Conclusions and Recommendations.

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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.

 

SUMMARY

 

The Special Rapporteur on freedom of religion or belief submits the present report to the Human Rights Council pursuant to its resolution 6/37. The report is divided into two main sections. In the first part, the Special Rapporteur outlines the activities carried out according to the four pillars of the mandate’s terms of reference since their review, rationalization and improvement in December 2007. She highlights the importance of initiatives in the fields of education, public awareness and inter-religious dialogue, as well as State action against advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence. Applying a gender perspective, the Special Rapporteur also addresses discriminatory and harmful practices against women and refers to several communications sent to Governments and to country reports.

 

In the second part, the Special Rapporteur provides a preliminary analysis of discrimination based on religion or belief and its impact on the enjoyment of economic, social and cultural rights. With regard to the legal framework at the international level, she emphasizes that non-discrimination is an overarching principle that applies to all human rights, including freedom of religion or belief. She recalls that it is crucial to prevent discrimination with regard to the enjoyment of economic, social and cultural rights, since minorities and vulnerable groups are particularly affected when States do no abide by their obligations to respect, protect and fulfill these rights. The Special Rapporteur then highlights some of the recurrent issues encountered in the mandate practice in order to illustrate the adverse impact of discrimination based on religion or belief on the enjoyment of the rights to work, to adequate food and housing, to health, to education and to take part in cultural life.

 

The Special Rapporteur concludes that discrimination based on religion or belief often emanates from deliberate State policies to ostracize certain religious or belief communities and to restrict or deny their access, for example, to health services, public education or public posts. States have the duty to refrain from discriminating against individuals or groups of individuals based on their religion and belief (obligation to respect); they are required to prevent such discrimination, including from non-State actors (obligation to protect); and States must take steps to ensure that, in practice, every person on their territory enjoys all human rights without discrimination of any kind (obligation to fulfill).

 

Lastly, the Special Rapporteur recalls that all human rights are universal, indivisible, interdependent and interrelated. Consequently, there should not be a different approach between discrimination affecting the enjoyment of civil and political rights on the one hand, and discrimination affecting the enjoyment of economic, social and cultural rights on the other.

 

CONCLUSIONS AND RECOMMENDATIONS

 

55. Sixty years ago, the General Assembly adopted the Universal Declaration of Human Rights, which stipulates, inter alia, that “the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.” It furthermore emphasized that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Unfortunately, there remains a long was to go in order to achieve the goals laid down in the Declaration. Indeed, discrimination based on religion or belief preventing individuals from fully enjoying all their human rights still occurs worldwide on a daily basis.

 

56. The issue of discrimination based on religion or belief has been at the heart of the mandate since its inception in 1986, when the mandate was still entitled “Special Rapporteur on religious intolerance”.  Over the years, the Special Rapporteur has reported on numerous cases of discrimination adversely affecting civil, cultural, economic, political and social rights. By discussing the impact of discrimination based on religion or belief on the enjoyment of economic, social and cultural rights in the present report, the Special Rapporteur has highlighted some of the problematic trends in this area. She hopes that this preliminary analysis might lead to a deeper reflection on this important issue.

 

57. In many countries, religion is exploited for political ends. As illustrated in the report, discrimination based on religion or belief often emanates from deliberate State policies to ostracize certain religious or belief communities and to restrict or deny their access to, for example, health services, public education or public posts. State authorities usually tend to be more sensitive to the interests of a religious majority community and, as a result, minority religions or beliefs may find themselves marginalized or discriminated against.

 

58. The Special Rapporteur recalls that States have the duty to refrain from discriminating against individuals or groups of individuals based on their religion and belief (obligation to respect); they are required to prevent such discrimination, including from non-State actors (obligation to protect); and must take steps to ensure that, in practice, every persons in their territory enjoys all human rights without discrimination of any kind (obligation to fulfill).

 

59. In order to implement these obligations, States have several tools at their disposal. These include the removal of de jure and de facto obstacles to the exercise on an equal footing of all human rights. In this regard, the training of State officials may constitute an important measure to ensure that the principle of non-discrimination, including on the basis of religion or belief, is respected by the State. Monitoring compliance with anti-discrimination legislation by the private sector and offering quality public education also seem vital to promote the principle of non-discrimination in society. Furthermore, legal remedies must be provided to individuals in order to allow them to seek redress against discrimination based on religion or belief. In addition, States should envisage protective measures in favor of certain population groups, including religious minorities, to provide those who do not have sufficient means with equal access to basic services, such as health care or education.

 

60. In order to take appropriate measures to remedy persistent inequalities and religious differentials in relation to human rights, the Special Rapporteur recommends that States collect disaggregated data and that they encourage in-depth analyses pertaining to the socio-economic situation of religious and belief communities. However, she cautions against improper utilization of these data, which may further cluster the population into artificial categories and ultimately lead to a more polarized and intolerant society.

 

61. All human rights are universal, indivisible, interdependent and interrelated. Consequently, there should not be a different approach between discrimination affecting the enjoyment of civil and political rights on the one hand, and discrimination affecting the enjoyment of economic, social and cultural rights on the other. As reiterated in several general comments by the Committee on Economic, Social and Cultural Rights, the principle of non-discrimination in the enjoyment of the rights guaranteed by the Covenant on Economic, Social and Cultural Rights is not subject to the rule of the progressive realization of rights or to the availability of resources. It is immediately and fully applicable to all the rights guaranteed by the Covenant and encompasses all internationally prohibited grounds of discrimination.

 

62. The entry into force of the Optional Protocol to the Covenant on Economic, Social and Cultural Rights recently adopted by the General Assembly should enable those suffering from violations of their economic, social and cultural rights to see remedies and to hold those responsible to account for their actions. In a joint press statement of 10 December 2008, the Special Rapporteur and 35 other special procedures mandate-holders expressed their sincere hope that the views adopted by the Committee on Economic, Social and Cultural Rights under the Optional Protocol procedures will be used by the human rights community to assist States in taking concrete steps to realize the rights of all and to reach out to the most marginalized and disadvantages, who are the most likely to have their rights violated. In the view of the Special Rapporteur, the promotion of the realization of economic, social and cultural rights may ultimately contribute to enhancing religious tolerance and preventing discrimination.

 

ISSUE STATEMENT: International Human Rights Standards on Freedom of Religion or Belief are international law and 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.

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Documents Attached:

 

Role of Geneva NGO Committee on Freedom of Religion or Belief

Defamation of Religion - Orwell & Freedom of Religion or Belief

The Right to Freedom of Opinion and Expression

 

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.