THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
ADOPTED UNIVERSAL PERIODIC REVIEW
AND FREEDOM OF RELIGION OR
BELIEF
First Session U.N. Human
Rights Council Universal Periodic Review (7-18 April, 2008)
Available in other languages: click here if the language box does not display.
UNIVERSAL PERIODIC REVIEW
The Indonesia
Universal Periodic Review was held by the UN Human Rights Council on
Link:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/idsession1.aspx
There were 20 stakeholder
submissions. Click on Summary of Stakeholders
Information footnote 3 for the letters of submission. There are
Stakeholder letters from Franciscans International,
Unrepresented Nations and Peoples Organization
and the World Council of Churches.
Universal Periodic Review recommendations by UN Human Rights
Council for follow-up seldom refer directly to Human
Rights Standards on Freedom of Religion or Belief.
The Tandem Project NGO
writes letters on human rights standards on freedom of religion or belief as a follow-up to the Universal Periodic Review.
There are three proposals in this letter on structure, dialogue and
education; and a call for ideas on how to reconcile human rights standards on
freedom of religion or belief with the truth claims of religious and
non-religious beliefs.
FREEDOM OF RELIGION OR BELIEF
The Tandem Project, a UN NGO in Special Consultative Status with the Economic and Social
Council of the United Nations, submits information for the Universal
Periodic Review on issues relevant to Article 18 of the International Covenant on
Civil and Political Rights, the 1981 UN Declaration on the Elimination of all
Forms of Intolerance and of Discrimination Based on Religion or Belief, and
other matters related to freedom of religion or belief.
The U.S. State Department
2007 Religious Freedom Report is the source of this information.
1.
An archipelago
of more than 17,000 islands, the country has an area of 700,000 million square
miles and a population of 245 million.
According to the
2000 census report, 88.2 percent of the population described themselves as
Muslim, 5.9 percent Protestant, 3.1 percent Roman Catholic, 1.8 percent Hindu,
0.8 percent Buddhist, and 0.2 percent "other," including traditional
indigenous religions, other Christian groups, and Jewish. Some Christians,
Hindus, and members of other minority religious groups argued that the census
undercounted non-Muslims. The Government does not recognize atheism.
2.
The Constitution
provides for the freedom of religion, and the Government generally respected
this right in practice. The Constitution accords "all persons the right to
worship according to their own religion or belief " and states that
"the nation is based upon belief in one supreme God." The first tenet
of the country's national ideology, Pancasila, declares belief in one God.
However, some restrictions exist on certain types of religious activity and on
unrecognized religions. Government employees must swear allegiance to the
nation and to the Pancasila ideology. The Government sometimes tolerated
extremist groups that used violence and intimidation against religious groups,
and often failed to punish perpetrators. The Government did not use its
authority to review or revoke local laws that violated freedom of religion.
The Ministry of
Religious Affairs extends official status to six faiths: Islam, Catholicism,
Protestantism, Buddhism, Hinduism, and, as of January 2006, Confucianism.
Atheism is not recognized. Religious organizations other than the six
recognized religions can register with the Ministry for Culture and Tourism
only as social organizations, restricting certain religious activities.
Unregistered religious groups do not have the right to establish a house of
worship and have administrative difficulties obtaining identity cards and
registering marriages and births.
3.
Government
policy and practice contributed to the generally free practice of religion.
However, certain policies, laws, and official actions restricted religious
freedom, and the Government sometimes tolerated discrimination against and
abuse of individuals based on their religious belief by private actors. There
were no reports of religious prisoners or detainees in the country.
The Government
requires all adult citizens to carry a National Identity Card (KTP) which,
among other things, identifies the holder's religion. Members of religions not
recognized by the Government are generally unable to obtain KTPs unless they
incorrectly identify themselves as belonging to a recognized religion. During
the reporting period, human rights groups continued to receive sporadic reports
of local Civil Registry officials who rejected applications submitted by
members of unrecognized or minority religions. Others accepted applications,
but issued KTPs that inaccurately reflected the applicants' religion. Some
animists received KTPs that listed their religion as Islam. Many Sikhs
registered as Hindu on their KTPs and marriage certificates because the
Government did not officially recognize their religion. Some citizens without a
KTP had difficulty finding work. Several nongovernmental organizations and
religious advocacy groups continued to urge the Government to delete the
religion category from KTPs.
The civil
registration system restricts the religious freedom of persons who do not
belong to the six recognized faiths; animists, Baha'is, and members of other
small minority faiths found it difficult to register marriages or births,
notwithstanding the June 2007 regulation pertaining to marriage and civil
administration. In practice, couples prevented from registering their marriage
or the birth of a child in accordance with their faiths converted to one of the
recognized faiths or misrepresented themselves as belonging to one of the six.
Those who chose not to register their marriages or births risked future
difficulties: a child without a birth certificate cannot enroll in school and
may not qualify for scholarships. Individuals without birth certificates do not
qualify for government jobs.
4.
During the reporting period, there were
reports of societal abuses or discrimination based on religious belief or
practice.
Update:
US State Department 2008 International Religious Freedom
During the
reporting period, the Government continued to explicitly and implicitly
restrict the religious freedom of groups associated with forms of Islam viewed
as outside the mainstream.
The Government
tolerated discrimination and abuse toward the Ahmadiyya by remaining silent on
the 2007 MUI fatwa containing guidelines condemning Islamic groups such as the
Ahmadiyya who profess belief in a prophet after Muhammad, the 2005 MUI fatwa
that explicitly banned the Ahmadiyya, and local government bans. Varying
reports provided different numbers of mosques attacked or closed. However,
according to national Ahmadiyya spokespersons, during the reporting period, 21
Ahmadiyya mosques were forced to close around the country; 15 were closed in
Local sources reported 2 Ahmadiyya camps in
_____________________________________________________________________________________________
* Links:
http://www.state.gov/g/drl/rls/irf/2008/108407.htm
Source: US State
Department 2008 International Religious Freedom Report;
Links to State Department
sites are welcomed. Unless a copyright is indicated, information on the State
Department’s main website is in the public domain and may be copied and
distributed without permission. Citation of the U.S. State Department as source
of the information is appreciated.
_____________________________________________________________________________________________
THE TANDEM PROJECT OBJECTIVES
Goal: Eliminate all Forms
of Intolerance and Discrimination Based on Religion or Belief.
Challenge: Reconcile
international human rights standards on freedom of religion or belief with the truth
claims of religious and non-religious beliefs.
The Tandem Project UPR
Objectives: (1) develop a model local-national-international integrated
approach to Freedom of Religion or Belief, as a follow-up to the Indonesia
Universal Periodic Review. (2) Use International Human Rights Standards on
Freedom of Religion or Belief as a platform for dialogue on the core values
within and among nations, all religions and other beliefs. (3) Adapt these
human rights standards to 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 codes of
conduct for peaceful cooperation, respectful competition and resolution of
conflicts. The identification of achievements, best practices, challenges and
constraints on the standards should be part of the follow-up to the Indonesia
Universal Periodic Review.
Documents Attached:
Indonesia - Adopted Universal Periodic Review & Freedom of Religion or Belief
Letter to Franciscans International
Letter to Indonesia Project - Oslo Coalition on Freedom of Religion or Belief
President of Indonesia Restricts Muslim Sect
STANDARDS: http://www.tandemproject.com/program/81_dec.htm
__________________________________________________________________________________________________________
HISTORY: United Nations History –
Freedom of Religion or Belief
HISTORY: Interfaith
Dialogue in Norway 1739-1998
The Council for Religious
and Life Stance Communities represents all religious and humanist beliefs in
Council Website: click on
this link and scroll to the bottom of the page for The History of Interfaith
Dialogue in
http://www.trooglivssyn.no/index.cfm?id=136722
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 in tandem with the truth claims of
religious and non-religious beliefs.
Genuine dialogue on
freedom of religion or belief does not work with closed minds. It demands
respectful and thoughtful responses, discussion of taboos and clarity by
persons of diverse beliefs. Inclusive dialogue is between people of theistic, non-theistic and atheistic beliefs, as well as the right not
to profess any religion or belief. These UN categories were first
defined in the 1960 seminal study on freedom of religion or belief by Arcot
Krishnaswami.
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. Develop a model
local-national-international integrated approach to freedom of religion or
belief.
2. 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.
3. 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,
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,
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
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.