THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
PRESIDENT OF
Issue:
For: United Nations, Governments, Religions or Beliefs,
Academia, NGOs, Media, Civil Society
Review: MANIS LOR,
“Although the wording of the decree did not explicitly
ban the group, it warned Ahmadiyah members that they were no longer free to practice their religion and strongly encouraged them to
‘return to mainstream Islam,’ according to Bonaventura Nainggolan, a spokesman
for the Indonesian attorney general.” The Joint Ministerial Decree Number
199/2008 of
The Working Group (A/HRC/WG.6/1/IDN/1) report on
Monday, June 9, 2008, by the troika, Jordan, Canada and Djibouti, was generally positive, praising Indonesia for its National
Action Plan on Human Rights and its progress in promoting democracy
in which 436 communities in the country were involved at the provincial,
municipal and city level. However, human rights groups and moderate Muslim
organizations working to promote pluralism in
At the U.N. Human Rights Council, an NGO in Special
Consultative Status with the Economic and Social Council of the United Nations
protested the Joint Ministerial Decree from the floor of the Council on
The New York Times article, President of Indonesia Restricts Muslim Sect, begins on
page 3 followed by an Issue Statement on Islam and sensitivity of the
bigger picture
Closing the Gap - 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 consider the
rule of law and 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,
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.
Concept: Separation of Religion or
Belief and State – SOROBAS. 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. 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 & Education
Dialogue: United Nations Secretary General Ban Ki
Moon, at an 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.” A writer in another setting alleged, “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.”
Dialogue on human rights
and freedom of religion or belief by governments, religions and other beliefs
and civil society ought to include the value of rules, norms and standards for
peaceful cooperation, respectful competition and mediation of conflicts.
International Human Rights Standards on Freedom of Religion or Belief is an
essential universal platform to establish genuine dialogue within and among all
kinds of beliefs.
Education:
The 1981 U.N. 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.” 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.
____________________________________________________________________________________________________________
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. They 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.
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.
MANIS LOR,
President Susilo Bambang Yudhoyono signed a decree
on Monday ordering members of a minority Muslim sect to stop practicing their
form of Islam or face arrest. Members of the sect, known as Ahmadiyah, do not
believe that Muhammad was the last prophet, contrary to the central tenet of
mainstream Islam. They have been victims of violent attacks by extremists in
recent years.
Mr. Yudhoyono, who is expected to seek re-election
next year, has been caught between moderate Muslim and human rights groups that
are fighting for pluralism in
About 5,000 members of a group calling itself
United for Islam demonstrated Monday outside the presidential palace in
Although the wording of the decree did not
explicitly ban the group, it warned Ahmadiyah members that they were no longer
free to practice their religion and strongly encouraged them to “return to
mainstream Islam,” according to Bonaventura Nainggolan, as spokesman for the
Indonesian attorney general.
“The government decree forbids Ahmadiyah from
spreading their religion and calls for it to halt all its religious
activities,” he said. Indonesia’s Constitution guarantees freedom of worship,
but a national law allows only five official religions: Islam, Roman
Catholicism, Protestantism, Hinduism and Buddhism. About 90 percent of
In the small
Residents said they were concerned that the
government order issues Monday would cause them to face prosecution and
additional threats of violence. Police officers stood outside the closed mosque
on Monday and were stationed throughout the village to protect resident from
possible attacks from extremist groups.
“We are doing nothing wrong,” said Kulman Trisna
Prawira, 67, an Ahmadiyah elder. “We are harmless. We are peaceful. We don’t do
anything but pray. We will follow the president’s order, but we aren’t going to
change our beliefs.”
Mr. Nainggolan, the spokesman for the attorney
general, said the decree was based on recommendations from the attorney
general, the religious affairs minister and the minister of domestic affairs.
The decision is certain to anger human rights groups and moderate Muslim
organizations that work to promote pluralism in
“The government’s action today, to stop the
activity of Ahmadiyah, is clearly against the Constitution,” said Uli Parulian
Sihombing, a lawyer who represents minority religious groups.” We will be
bringing this to court.”
ISSUE STATEMENT: The United Nations sponsored Alliance of
Civilizations calls for inter-religious, inter-cultural dialogue. It may in part be a reaction to an academic bestseller, The Clash of Civilizations and the Remaking of World Order, by
Professor Samuel P. Huntington of
The action by the Joint Ministerial Decree in
The Joint Ministerial Decree Number 199/2008 signed by
the president of
“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”
General Comment 22 on Article 18 of the International
Covenant on Civil and Political Rights, by the 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.
The core of the dispute is Article 1, Paragraph 2, of
Article 18 of the International Convent on Civil and Political Rights:
No one shall be subject to coercion which would
impair his freedom to have a religion or belief of his choice.
Eighteen members of the U.N. Human Rights Council,
most of which are members of the Organization of the Islamic Conference (OIC),
abstained from extending by three years the draft resolution to extend
(A/HRC/6/L.15/Rev.1) the mandate on the Elimination of all Forms of Intolerance
and of Discrimination Based on Religion or Belief, in the sixth extended
session of the Council on December 14, 2007.
The abstentions were
based on the objections from
The right to change one’s
religion or belief has been described by one writer this way: “The Catholic Encyclopedia defines apostasy as “the desertion of
a post, the giving up of a state of life.” Furthermore, it distinguishes
apostasy from heresy, stating, “The heretic differs from the apostate in that
he only denies one or more doctrines of revealed
religion, whereas the apostate denies the religion itself, a sin which has
always been looked upon as one of the most grievous.” The gravity of the sin
seems to be due to the enormity of concern with a one-time believer knowingly
turning away from the truth. Hence, it is considered to be of a much greater
order than mere unbelief.” This clash of human rights whether with apostasy or
heresy is the core issue here.
The U.N. Human Rights Council vote was 29 in favor, 0
against and 18 abstentions on
“(a) To ensure that the constitution and legislative
system provide adequate and effective guarantees of freedom of thought,
conscience, religion and belief to all without distinction, inter alia, by the
provision of effective remedies in cases where the right to freedom of thought,
conscience, religion or belief, or the right to practice
freely one’s religion, including the right to change one’s religion or belief is violated.”
The international treaty-based obligation by
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.
The Joint Ministerial Decree Number 199/2008 may be
used to justify limiting the manifestation of the Ahmadiyah Muslim religion in
The Ahmadiyah may claim that limiting their right to
manifest and practice their religion was in violation of their fundamental rights and freedoms under Paragraphs 3 citing
Article 18 of the International Covenant on Civil and Political Rights. This is
not an easy issue in
The difficulty was
reflected in the well meaning response of
16. “
17. “Many initiatives
have been introduced at the community level based on the work of a prominent think-tank which in 2006-2007, conducted research into
monitoring the situation of pluralist dynamics and freedom of religion in
Indonesia. Their findings were used to identify the problems and challenges
faced by
NGOs as relevant
stakeholders in the UPR process are allowed to make statements on the floor of
the U.N. Human Rights Council prior to adoption of a Working Group report. An
NGO spoke the following day
Mexico, in the
inter-active dialogue prior to adoption of the Working Group report, reminded
the U.N. Human Rights Council that Institution Building Measures
(A/HRC/RES/5/1) paragraph 31 stated, “Other relevant stakeholders will have the
opportunity to make general comments before the adoption of the outcome by the
plenary” and the Egyptian point of order was too narrow
an interpretation of this paragraph.
Indonesia, as a member of the U.N. Human Rights
Council in 2007, abstained from adoption of the mandate on Freedom of Religion
or Belief, due to the stipulation by Portugal, representing the European Union
(EU), that “consensus over the right to leave one’s religion or belief is inviolable and cannot be compromised.” It is this
requirement in the draft resolution that
This issue is a central tenet of mainstream Islam and
goes beyond
Link to U.N. Human Rights Council draft resolution
A/HRC/RES/6/37: Elimination of all forms of intolerance and of discrimination based
on religion or belief:
http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_6_37.pdf
______________________________________________________________________________________________
* Preface Closing the Gap – International Standards for National and Local
Applications, considers the question of a Convention on Freedom of
Religion or Belief followed by a Response from the Special Rapporteur on
Freedom of Religion or Belief and The Tandem Project Option and Concept
including a program for human rights-based Dialogue & Education.
_____________________________________________________________________________________________________________________________
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:
President of Indonesia Restricts Muslim Sect
Resolution on Freedom of Religion or Belief - Adopted by UN Human Rights Council without consensus
The Tandem Project is a UN NGO in
Special Consultative Status with the
Economic and Social Council of
the United Nations