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UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

EXPERTS STUDY GAP IN STANDARDS BETWEEN

FREEDOM OF RELIGION OR BELIEF & RACISM

Issue: Closing the Gap in Standards between Freedom of Religion or Belief & Racial Discrimination

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

Review: Mr. Idriss Jazairy of Algeria, Chair of the Ad Hoc Committee of the Council on the elaboration of complementary standards, presented an oral report to the seventh session of the Human Rights Council. A Study by Five Experts has been commissioned by the Ad Hoc Committee on the elaboration of complementary standards, as preparation for the 2009 post-Durban Review Conference. There is a gap in standards between religion or belief and racism. Now may be the time for an Open-ended Working Group, with a mandate that does not restrict or derogate existing standards, to draft an inclusive Convention on Freedom of Religion or Belief.

The report (A/HRC/AC.1/1/CRP.4) is titled: “Complementary International Standards, Compilation of Conclusions and Recommendations of the Study by the Five Experts on the Content and Scope of Substantive Gaps in the Existing International Instruments to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance The five experts study including conclusions and recommendations are available at:

http://www2.ohchr.org/english/issues/racism/AdHocCommittee.htm

Extracts from the report begin on the third page and are followed by an Issue Statement that refers to the study by the five experts.

International Standards for Regional, National and Local Applications

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 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.

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 of an Open-ended Working Group ought to assure nothing in a draft Convention on Freedom of Religion or Belief would 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 starting point for this concept is 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. It 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):

• PARAGRAPH 2. 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.

Dialogue: United Nations Secretary General Ban Ki Moon, at a UN backed Alliance of Civilizations Forum in January 2008 addressed the importance of dialogue; “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 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.” Solutions to conflicts based on ideology call for dialogue on the purpose and role of international human rights law on freedom of religion or belief; including the values of these standards for regional, national and local applications.

Education: Ambassador Piet de Klerk addressed the Prague twenty-five year anniversary commemoration of the 1981 UN Declaration; “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.” Parents are a key to this application. The 1981 UN 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.”

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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 Issue Statement for each Review. Important extracts for human rights and freedom of religion or belief include the following:

IV. THE MANDATE OF THE AD HOC COMMITTEE

17. Human Rights Council resolution 6/21 of 28 September 2007 provides further clarity to the mandate of the Ad Hoc Committee by recalling “its decision 3/103 of 8 December 2006, by which, heeding the decision and instruction of the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, it decided to establish the Ad Hoc Committee of the Human Rights Council on the Elaboration of Contemporary Standards, with the mandate to elaborate, as a matter of priority and necessity, complementary standards in the form of either a convention or additional protocol(s) to the International Convention on the Elimination of All Forms of Racial Discrimination, filling the existing gaps in the Convention, and also providing new normative standards aimed at combating all forms of contemporary racism, including incitement to racial and religious hatred.”

I. CONCLUSIONS AND RECOMMENDATIONS ON THE CONTENT AND SCOPE OF SUBSTANTIVE GAPS ON COMPLEMENTARY INTERNATIONAL STANDARDS WITH REGARD TO POSITIVE OBLIGATIONS OF STATES PARTIES

Assessment and recommendations

40. The experts recommend that a convention on human rights education be adopted, to define positive obligations of States regarding the incorporation of human rights education in their educational systems, including private, religious, and military schools.

A. Religious groups

Assessment and recommendations

48. The nexus between racism and religion poses complex and sensitive issues which are not adequately addressed under international law. The experts believe that the reference to the right to freedom of religion in article 5, paragraph (d) (vii) of ICERD should be further developed to cover the complexity of the connection between religion and race, racial discrimination, xenophobia and related intolerance. In light of the increasing incidents of Islamophobia, anti-Semitism and Christianophobia in the aftermath of the events of 11 September 2001, it is necessary that human rights bodies upgrade accordingly their general comments or recommendations, reporting guidelines, and rules of procedures.

49. It is recommended in particular that CERD adopt a general recommendation addressing concerns which have emerged in the area of racial discrimination and religion or belief.

50. In addition, the experts recommend that the Human Rights Committee revise general comment No. 22 (1993) on article 18 (Freedom of thought, conscience or religion) in order to address present challenges. The experts stress that in addressing problems linked to the nexus between racism and religion, it is vital that human rights bodies and Governments rely on the provisions of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

D. Religious intolerance and defamation of religious symbols

Assessment and recommendations

130. The experts are of the view that there is an increase in religious intolerance, and incitement to religious hatred. Equally well-founded is the observation that religious intolerance and violations of the right to freedom of religion have increased substantially in the aftermath of 11 September 2001. These developments give rise to serious concerns, which need to be addressed in a thoughtful and effective way. From the perspective of their mandate, however, the experts are of the opinion that religious intolerance combined with racial and xenophobic prejudices is adequately covered under international human rights instruments. Yet, it is in light of the concerns of the international community regarding the rise in religious intolerance that CERD may wish to consider adopting a recommendation stating explicitly the advantages of multicultural education in combating religious intolerance.

F. Incitement to racial hatred and dissemination of hate speech andxenophobic and caricature pictures, through traditional mass media and information technology, including the Internet.

Assessment and recommendations

150. The experts are convinced that the implementation of national legislation harmonized with human rights treaty obligations could serve effectively to prevent dissemination of hate speech. Effective cooperation between Governments, NGOs and civil society-based organizations in the identification of good practices could help curb both incitement and dissemination. Practical initiatives could include the creation of a model anti-racism network for educational institutions; the inclusion of anti-racism messages on websites accessed by young people; training courses for teachers on the use of the Internet; the sharing of good practices; the promotion of digital inclusion; the ethical use of the Internet; and the development of critical thinking skills for children.

151. It goes without saying that particular attention should be paid to the Internet because of its outreach and the decentralized nature of its architecture. The emerging approach of self-regulatory governance of the Internet offers an important opportunity that needs to be further explored. This could prove to be most effective in tackling incitement to racial and religious hatred and the dissemination of hate speech through this medium. States should continue the dialogue on this subject as it will lead to political agreement on how to prevent the Internet from being used for racist purposes and how to promote its use to combat racism.

152. In addressing the underlying question as to whether there is a gap in international human rights law pertaining to combating incitement to racial and religious hatred and the dissemination of hate speech, the experts discern a gap in application and consider that while there are provisions from various treaties addressing the issue, further guidance from treaty bodies as to the interpretive scope of these provisions and their threshold of application would be most useful.

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ISSUE STATEMENT: The study by five experts for the Ad Hoc Committee of the Council on the elaboration of complementary standards was prepared for the post-Durban Review Conference in 2009. It will be used by the Preparatory Committee for the 2009 conference in conjunction with the report of the Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance. Extracts from the Study are repeated here for this Issue Statement:

48. The nexus between racism and religion poses complex and sensitive issues which are not adequately addressed under international law. The experts believe that the reference to the right to freedom of religion in article 5, paragraph (d) (vii) of ICERD should be further developed to cover the complexity of the connection between religion and race, racial discrimination, xenophobia and related intolerance. In light of the increasing incidents of Islamophobia, anti-Semitism and Christianophobia in the aftermath of the events of 11 September 2001, it is necessary that human rights bodies upgrade accordingly their general comments or recommendations, reporting guidelines, and rules of procedures.

The Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance may be too narrow in his scope regarding religion, with repeated references to three monotheistic religious beliefs, not taking into account the broadest possible scope of freedom of religion or belief. The five experts study for the Ad Hoc Committee of the Council on the elaboration of complementary standards as well, when they recommend an addition to General Comment 22 on Article 18 of the ICCPR, rather than taking a bold step to be more inclusive of all religion or belief in the elaboration of complementary human rights standards on race and religion. (Word Document attached: Race & Religion or Belief).

The experts study refers to a gap in international human rights instruments on race and religion. The original gap began in 1962 when two Conventions were proposed by the General Assembly on racial and religious discrimination. The Convention on the Elimination of Racial Discrimination (CERD) easily passed in 1969. The General Assembly could not agree whether to adopt a Convention on Religious Intolerance. In 1968 they deferred work on a Convention and began work that eventually led to the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. (Word Document: History; United Nations & Freedom of Religion or Belief). This chronological history explains why a Convention on Religious Intolerance was deferred and why it took so long to adopt a Declaration on a foundational principle of the Universal Declaration of Human Rights. Another answer may be found in a reflection by Sam Harris in his Letter to a Christian Nation:

• Religion raises the stakes of human conflict much higher than tribalism, racism, or politics ever can, as it is the only form of in-group/out-group thinking that casts the differences between people in terms of eternal rewards and punishments.

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?

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 on Freedom of Religion or Belief would be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights, the International Covenants on Human Rights, and 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 starting point for this concept is 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. It 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):

• PARAGRAPH 2. 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.

The Experts Study by the Ad Hoc Committee of the Council on the elaboration of complementary standards call for a remedy to gaps in international instruments by additions to the General Comment 22 on Article 18 of the International Covenant on Civil and Political Rights. This is a fragmented approach, rather than recognizing the United Nations General Assembly made a mistake in 1968 to defer a work on a Convention on Religious Intolerance, and calling now for an inclusive step to draft an International Convention on Freedom of Religion or Belief.

50. In addition, the experts recommend that the Human Rights Committee revise general comment No. 22 (1993) on article 18 (Freedom of thought, conscience or religion) in order to address present challenges. The experts stress that in addressing problems linked to the nexus between racism and religion, it is vital that human rights bodies and Governments rely on the provisions of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

The Experts Study stresses that it is vital for human rights bodies and Governments rely on the provisions of the 1981 UN Declaration. This includes Article 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. It is clear from this that national laws are to protect all persons against religious discrimination practiced by all other persons. In the words of one commentary, “this represents a bold attempt to require countries to outlaw private discrimination as well as discrimination at the hands of a body representing the state itself, it is a strategy not mirrored in the UN Conventions on racial or gender discrimination.”

40. The experts recommend that a convention on human rights education be adopted, to define positive obligations of States regarding the incorporation of human rights education in their educational systems, including private, religious, and military schools.

The Experts Study recommends a Convention on human rights education. Such a Convention should have a provision for human rights education on freedom of religion or belief that includes places of worship as well, to begin at an early age.

• Education: Ambassador Piet de Klerk addressed the Prague twenty-five year anniversary commemoration of the 1981 UN Declaration; “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.” Parents are a key to this application. The 1981 UN 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.”

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Reply: The Tandem Project Country & Community Database collects information worldwide on United Nations Human Rights Bodies. The information is used for UN Human Rights Council Universal Periodic Reviews (UPR); UN Treaty-based Reports; UN Special Procedures, Special Rapporteur Reports. Click on the link below to open the Database. Read the Instructions & Table of Contents: scroll to an Article of your choice and click to reply.

http://www.tandemproject.com/databases/forms/card.htm

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.

Documents Attached:

CLOSING THE GAP - RELIGION OR BELIEF & RACISM
UNITED NATIONS & FREEDOM OF RELIGION OR BELIEF

The Tandem Project is a UN NGO in Special Consultative Status with the

Economic and Social Council of the United Nations