THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
Issue: Follow-up Proposal for
For: United Nations, Governments, Religions or Beliefs,
Academia, NGOs, Media, Civil Society
Review: New York Times, Hindus and Muslims in
Excerpt: “
In 2008 the UN Human
Rights Council launched the Universal Periodic Review. The Universal Periodic
Review begins with a presentation of a National Report by a UN Member State and
inter-active dialogue with the UN Human Rights Council. The Human Rights
Council drafts a Working Group Report and later, outcomes and follow-up
recommendations after a second inter-active dialogue with the Human Rights
Council and other Stakeholders. The UN Working Group Report, Other Reports and
audio/visual UN web cast presentations with inter-active dialogues are accessed
by Related Web Cast Archives. The archives
of the Universal Periodic Review (UPR) for
The Tandem Project
Objectives on Dialogue and Education: (1) Use International Human Rights
Standards on Freedom of Religion or Belief as a platform for dialogue on
deeply-held 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
International Human
Rights Standards on Freedom of Religion or Belief are international law and
universal codes of conduct for peaceful cooperation, respectful competition and
resolution of conflicts. The identification of achievements, best practices,
challenges and constraints on these standards should be part of the follow-up
to the
The Tandem Project
proposes the governments of
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Link: International Section, New York Times, Hindus and Muslims in
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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. An Issue
Statement follows the excerpts.
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.
6. 1 To worship or assemble in
connection with a religion or belief, and to establish and maintain places for
these purposes;
The crisis centers on a Hindu shrine that,
according to a local legend, was discovered by a Muslim shepherd more than a
century ago. The cave shrine, known as Amarnath and situated at an altitude of
more than 12,000 feet, contains a stalagmite of ice that Hindus consider a
representation of Shiva, one of their most important gods.
Even through the years of bitter anti-Indian
insurgency in
The divide between Hindu and Muslim
Pakistan and India both claim Kashmir, an
irreconcilable source of sectarian hostility since 1947, when colonial
Many Kashmiri’s say the bad old days have returned
to haunt them. Five years ago, Vijay Dhar, a Kashmiri Hindu, returned to
“Education is totally gone again,” Mr. Dhar said
from
Hari Kumar contributed reporting from New Delhi,
and Yusuf Jameel from
ISSUE STATEMENT: There has been conflict and the wars in the
What seems like an irreconcilable task by the U.N.
Security Council may be an opportunity for a follow-up test of the
effectiveness of the new U.N. Human Rights Council Universal Periodic Review.
The U.N. General Assembly approved Universal Periodic Review is a mechanism for
reviewing human rights obligations of all U.N. Member States. In the
Inter-active Dialogue between
The current dispute is over land and the right of
access to shelter on the way to the Amarnath religious shrine of the Hindus.
This means rights found in Article 6 of the 1981 U.N. Declaration can be a
platform for dialogue and resolution of this conflict: 6. 1:
To worship or assemble in connection with a
religion or belief, and to establish and maintain places for these purposes.
The Tandem Project
Objectives on Dialogue and Education: (1) Use International Human Rights
Standards on Freedom of Religion or Belief as a platform for genuine dialogue
on deeply-held 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
Especially important is
early childhood education on the right to change one’s religion or belief. This
is a point of religious and cultural contention in the United Nations Human
Rights Council as evidenced on 14 December 2007 failure to pass a resolution by
consensus on the mandate for extension of the work of the U.N. Special
Rapporteur on Freedom of Religion or Belief. The vote on Resolution
(A/HRC/RES/6/37) on Freedom of Religion or Belief and Universal Periodic
Reviews for
The Tandem Project
proposes the governments of
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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
__________________
Postscript: 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 Concept, an
option that reflects the inclusive values of the Universal Declaration of Human
Rights through human rights-based Dialogue and Education.
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 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.” A writer in another setting has 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.”
International Human Rights Standards on Freedom of
Religion or Belief are international law and universal codes of conduct for
peaceful cooperation, respectful competition and resolution of conflicts. They
can be used as a platform for genuine dialogue on deeply-held principles and values
within and among nations, all religions and other 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
teach tolerance, understanding and respect for freedom of religion or belief.
2. http://en.wikipedia.org/wiki/History_of_the_Kashmir_conflict
Kashmir's Hindus and Muslims in Shrine Dispute
INDIA - Freedom of Religion or Belief and Other Reports in 1st Universal Periodic Review
PAKISTAN - Freedom of Religion or Belief and Other Reports in 2nd Universal Periodic Review
No Consensus for Resolution on Freedom of Religion or Belief