THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
FREEDOM OF RELIGION OR
BELIEF
AND UNIVERSAL PERIODIC REVIEW
Issue:
For: United Nations, Governments, Religions or Beliefs,
Academia, NGOs, Media, Civil Society
Review:
Indonesia Bans Sects It Deems Blasphemous may be a resource for the Indonesia
UPR process to consider the difference between
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.
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 these 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:
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,
Extract Examples: 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.
The attached documents are past Issue Statements that
may be used as reference sources for consideration of
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. 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.
7. 1 The rights and freedoms
set forth in the present Declaration shall be accorded in national legislation
in such a manner that everyone shall be able to avail himself of such rights
and freedoms in practice.
On Nov. 9, the Indonesian Supreme Court sentenced
Abdul Rachman, who claims to be the reincarnation of the Prophet Muhammad and
is the No. 2 leader of a religious group known as Lia Eden, to three years in
prison for blasphemy. The day before, the attorney general banned a sect led by
a man claiming to be the next prophet of Islam.
Although
Various laws and edicts prohibit blasphemy,
heresy, proselytizing and apostasy. In practice, they are applied primarily to
perceived offenses against mainstream Islam. Nearly 90 percent of
Last week the attorney general’s office said it
would continue to pursue legal action against Ahmad Moshaddeq, the leader of an
Islamic sect known as Al Qiyada, on blasphemy charges, even after he declared
that he had realized his teachings were misguided and would return to
mainstream Islam.
The attorney general’s office banned Al Qiyada on
Nov.8, Mr. Moshaddeq, whose house was burned down this year by a mob, had said
that he was the next Muslim prophet and did not require his followers to pray
five times a day or toward
Several of Mr. Moshaddeq’s followers remain in
custody. “We want to reform the penal code, especially articles on banning
sects for blasphemy,” said Uli Parulian Sihombing, a human rights lawyer who
has often defended religious groups. “These people are nonviolent and peaceful.
These laws are simply a justification for the government to intervene on issues
of faith.” -
ISSUE STATEMENT: The Tandem Project focus is on Article 18 of the
International Covenant on Civil and Political Rights – Everyone shall have a
right to freedom of religion or belief, and the 1981 UN Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief. The UPR review “shall be a cooperative mechanism, based on
interactive dialogue, with the full involvement of the country concerned and
with consideration given to its capacity-building needs; such a mechanism shall
complement and not duplicate the work of treaty bodies…according to the
guidelines published under Human Right Council in Resolution 5/1 of 18 June
2007.
·
Article 18 protects theistic,
non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.
- General
Comment 22 on Article 18, United Nations Human Rights Committee, 1993.
1. Teaching for Tolerance in
the Indonesian Context - an Oslo Coalition on Freedom of Religion or
Belief project, is a follow-up to the UN sponsored Madrid Conference in 2001 on
the twenty year anniversary of the 1981 UN Declaration. It is described on The
Oslo Coalition website, http://www.oslocoalition.org.
In January 2007 a workshop was held in cooperation with the Alauddin State Islamic
University in
2. Facilitating Freedom of
Religion or Belief: a Deskbook. This is a book originally commissioned
to publish the papers of the 1998 Oslo Conference on Freedom of Religion or
Belief. It expanded to a 1,000 page “historical and philosophical background on
religious human rights, detailed analysis of applicable international norms and
international procedural mechanisms for safeguarding these norms.” Part V on Changing Beliefs and the Tensions of Tolerance;
provide analysis on cults, sects, proselytism and apostasy that will be helpful
to an analysis of the New York Times article, Indonesia Bans
Sects It Deems Blasphemous in the context of the Indonesia UPR. In
2007 course modules are being developed. An Indonesian translation of the
Deskbook is being proofed for publication. - The Tandem Project, a
File Attachment.
3. Proselytism and Human Rights:
The Right to Try to Convince the Other- an
excellent best practices on how to breakout the Eight Articles of the 1981 UN
Declaration for analysis in an Indonesian context of the right of proselytism.
This Project, now named Missionary Activity and Human
Rights, involves respectful discussion in both a Christian and a
Muslim context that is applicable in many countries. The aim of this project is
to contribute, on the basis of human rights, to the resolution of conflicts
arising from missionary activities.” - The Tandem Project, a
File Attachment.
4. Indonesia – Urgent Appeal:
Freedom of Religion or Belief – Framework for Communications; is The
Tandem Project Issue Statement on the
U.N. Special Rapporteur on Freedom of Religion or Belief,
http://www.ohchr.org/english/issues/religion/standards.htm
5. OHCHR-OIC Memorandum of
Understanding on Technical Cooperation in the Field of Human Rights; is
described in The Tandem Project Review: Geneva, 11 July 2006 – The Office of
United Nations High Commissioner for Human Rights (OHCHR) and the Organization
of the Islamic Conference (OIC) signed in Rabat, Morocco, a Memorandum of
Understanding on Technical Cooperation in the Field of Human Rights. Could this
Memorandum of Understanding be support Article 18, International
Covenant on Civil and Political Rights, and the 1981 U.N. Declaration on
Freedom of Religion or Belief? What part does the Cairo Declaration on Human
Rights in Islam signed by the Foreign Ministers of OIC countries on
6. The Cairo Declaration on Human
Rights in Islam was adopted and issued at the Nineteenth Islamic
Conference of Foreign Ministers on
7. Concept: Separation of
Religion or Belief and State – SOROBAS, proposes that fair and equitable international human
rights standards are essential for long-term solutions to conflicts based on religion or belief. This
Concept by The Tandem Project builds respect for diversity of religion or
belief and may be applicable for dialogue, with other models, in the UPR
process for all UN Member States. It is proposed here as a paradigm for
discussion of Article 18, International Covenant on Civil and Political Rights
for the Indonesia UPR.
·
Principle: 1948
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,”
– recognized as a “common standard of achievement for all
peoples and all nations”
·
Concept: Separation of
Religion or Belief and State – SOROBAS. States recalling their history, culture and
constitution on religion or belief, provide equal protection by law
against all forms of intolerance and discrimination in matters relating to
freedom of religion or belief, for theistic, non-theistic and atheistic
beliefs, as well as the right not to profess any religion or belief.
·
Beliefs: Article 18 of the International Covenant on
Civil and Political Rights, “protects theistic,
non-theistic and atheistic beliefs, as well as the right not to profess any
religion or belief.”
- General Comment 22 on Article 18, United Nations Human
Rights Committee, 1993.
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.
The Tandem Project is a UN NGO in
Special Consultative Status with the
Economic and Social Council of
the United Nations
INDONESIA CONFERENCE: OSLO COALITION - TEACHING FOR TOLERANCE ON FREEDOM OF RELIGION OR BELIEF
PROSELYTISM AND HUMAN RIGHTS: THE RIGHT TO TRY TO CONVINCE THE OTHER