ISSUE - Call to Review Draft Code of Conduct for Missionary Activities

 

The Oslo Coalition on Freedom of Religion or Belief has released a draft “Code of Conduct for Missionary Activities.” Comments on the draft are due by 1 May 2008. This is an opportunity for you to review the draft paper by opening the link below and submitting your comments to the Oslo Coalition. The Issue Statement below was released by The Tandem Project on 11/14/2007. This and other statements in the attached Word Documents reflect the importance of including United Nations Human Rights Standards and Freedom of Religion or Belief in religious codes of conduct.

 

http://www.oslocoalition.org/

 

http://www.oslocoalition.org/mhr_cc_draft.php

 

THE TANDEM PROJECT

www.tandemproject.com.  

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

PROSELYTISM AND HUMAN RIGHTS: THE

RIGHT TO TRY TO CONVINCE THE OTHER

 

Issue:  Conflict resolution - missionary activity and propagation of religion or belief.

 

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

 

Review: The Oslo Coalition Project on “Proselytism and Human Rights: The Right to try to Convince the Other” is among the best examples of how to use the Eight Articles of the 1981 UN Declaration to assess substantive human rights issues. The Background Statement for this Project is available under the 1981 UN Declaration and linked at the end of this Issue Statement. In 2007 the Project was re-named “Missionary Activities and Human Rights.” The Oslo Coalition Work Program for this Project in 2007 is linked at the end of this Issue Statement. The Oslo Coalition website for this Project reads, “The aim of this project is to contribute, on the basis of human rights, to the resolution of conflicts arising from missionary activities.”

 

International Standards for 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 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. One writer has said;Religion raises the stakes of human conflict much higher than tribalism, racism, or politics ever can…it casts the differences between people in terms of eternal rewards and punishments.”

 

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):

 

  • 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 & Education

 

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 over religious or philosophical ideology call for dialogue on the purpose of international law on freedom of religion or belief; and the value 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 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.”

______________________________________________________________________________

 

Extracts: Extracts are presented under the Eight Articles of the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. Examples of extracts are presented prior to an Issues Statement for each Tandem Project Review.  

 

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.

The right to engage in faith persuasion is not explicitly mentioned in art. 18. However, this will normally be a part of the “manifestation” of a belief, cf. paragraph 1 of the article – as “teaching” or as “practice”, the latter covering all thinkable forms of manifestations that are not explicitly mentioned in the article.[5] In some religions, the believers are urged by the religious doctrines to try to spread the faith. And for all beliefs, as long as the believer is strongly convinced, he or she will have a natural wish to try to convince others of the “truth” - if the “truth” is decisive for an afterlife as well, this wish may be strong.­­ Even if not being an integral part of a religion's or belief's dogmas, such kind of faith persuasion is covered by the phrase “manifestation. – The Oslo Coalition Project on Mission and Human Rights

The right to engage in faith persuasion is not explicitly mentioned in art. 18. However, this will normally be a part of the “manifestation” of a belief, cf. para. 1 of the article – as “teaching” or as “practice”, the latter covering all thinkable forms of manifestations that are not explicitly mentioned in the article.[5] In some religions, the believers are urged by the religious doctrines to try to spread the faith. And for all beliefs, as long as the believer is strongly convinced, he or she will have a natural wish to try to convince others of the “truth” - if the “truth” is decisive for an afterlife as well, this wish may be strong.­­ Even if not being an integral part of a religion's or belief's dogmas, such kind of faith persuasion is covered by the phrase “manifestation”. The Oslo Coalition Project on Mission and Human Rights

Falling within the ambit of art. 18 (1), the state may not interfere in proselytism activities without this being legitimate after para. 3 of the article (the “negative obligation”), cf. para. 6 below. Furthermore, the state has a “positive obligation”, to “ensure” the right: [6] The state is obliged to give its citizens protection against clear violations from other citizens who do not respect this right. Thus, the state may be obliged to protect an adherent of a minority belief, trying to convince a member of the majority religion, against harassment from the majority. The Oslo Coalition Project on Mission and Human Rights

ISSUE STATEMENT:  This Oslo Coalition project has been re-named Missionary Activities and Human Rights. The Project Group’s proposed activities for 2007 included; “a report on a seminar (in Norwegian) entitled ‘What is a Christian and Muslim Mission?’; publication of a report from last year’s August seminar…; an international working group strategy to evaluate results so far and map a course forward; and a delegation visit to the Vatican and the World Council of Churches.” This Work Program is available on the Oslo Coalition website linked here and at the end of this Issue Statement, http://www.oslocoalition.org. 

 

Missionaries who try to convince the other are among the most solid holders of their beliefs. Education programs for missionaries on a shared code of conduct goes to the heart of religious ideology. Will these shared codes be available for all places of worship, religious schools and non-religious associations? The Ambassador-at-Large of the Netherlands for Human Rights, Piet de Klerk, at the 25 Year Anniversary Commemoration of the 1981 UN Declaration, 25 November 2006, Prague, Czech Republic stated – “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.” Can a variation on this recommendation be taught to missionary children as part of a shared code of conduct?

 

Michael M. Roan is a member of the Oslo Coalition International Advisory Council.

 

http://www.oslocoalition.org/documents/mhrworkshop.doc

http://www.oslocoalition.org/mhr.php

http://www.oslocoalition.org.

 

The 1948 Universal Declaration of Human Rights First Preamble affirms: “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 principle suggests all States recalling their history, culture and constitution, provide equal protection by law for theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. This is recognized as international law by States parties to the United Nations Covenant on Civil and Political Rights. International Human Rights Standards on Freedom of Religion or Belief may be essential for long term solutions to conflicts based on religion or belief.

 

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:


PROSELYTISM AND HUMAN RIGHTS - THE RIGHT TO TRY TO CONVINCE THE OTHER
RELIGIOUS CONVERSIONS - JOINT EFFORT TO CREATE COMMON CODE OF CONDUCT
INTERNATIONAL STANDARDS - ARTICLE 18 AND 1981 UN DECLARATION


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

Economic and Social Council of the United Nations