THE TANDEM PROJECT

http://www.tandemproject.com.

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

UN RESOLUTION THREATENS INDEPENDENCE OF SPECIAL RAPPORTEURS

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Issue: UN Code of Conduct Threatens Independence of UN Special Rapporteurs

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

Review: A draft resolution (A/HRC/11/L.8) Enhancement of the system of special procedures, threatening the independence of UN Special Rapporteurs was introduced by China, Cuba and the Russian Federation. The final draft was negotiated and orally compromised from the floor to achieve consensus after objections by other members of the UN Human Rights Council. Germany speaking on behalf of the European Union voted for the consensus resolution after participating in and approving the negotiated changes. . This is an evolving process as UN Human Rights Council enhances or revises its adopted set of rules for governance.

Canada disassociated itself from consensus on the final draft of this resolution (See below).

The report (A/HRC/11/2) by the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, was criticized by a group of States on the UN Human Rights Council who claimed the report was outside his mandate and violated the UN Human Rights Council Code of Conduct established for Special Procedures. See report attached, The Killing of Witches.

Also criticized was a report (A/HRC/11/4) by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue. This reflects the on-going tension between factions of the UN Human Rights Council over freedom of expression. See attached: The Right to Freedom of Opinion and Expression.

The draft resolution (A/HRC/11/L.8) seemed to be an attempt to remove the two Independent Experts based on reports critical of States. It is an example of ways in which some members of the UN Human Rights Council are trying to control the transparent flow of information by using rules established by the Council itself called the Code of Conduct for Special Procedures. The final draft resolution was modified and calls on the UN Office of High Commissioner for Human Rights to instruct Special Rapporteurs on the Code of Conduct and how to adhere to its provisions.

Canada, criticizing the resolution, said the Code of Conduct is a two way process and that States should adhere themselves to this mechanism that was set up to protect victims of discrimination by receiving independent opinions from UN Special Rapporteurs

Link to: (A/HRC/11/2) Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston.

http://www2.ohchr.org/english/bodies/hrcouncil/docs/11session/A.HRC.11.2.pdf

Link to: (A/HRC/11/4) Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue.

http://www2.ohchr.org/english/bodies/hrcouncil/docs/11session/A.HRC.11.4.pdf

Link to: Draft resolution (A/HRC/11/L.8) Enhancement of the system of special procedures

http://ap.ohchr.org/documents/E/HRC/d_res_dec/A_HRC_11_L_8.doc

Excerpts from: Article 18 CCPR and 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief.

1981 UN Declaration: In accordance with Article 1 of the present Declaration, and subject to the provisions of Article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:

6. 4 To write issue and disseminate relevant publications in these areas;

Canada disassociating from the resolution (A/HRC/11/L.8); “This resolution as presented is deeply regrettable and an inappropriate attempt to stifle and intimidate the system of Special Procedures. These independent experts carry out the council mandates to promote and protect human rights. They are the eyes and ears of the council and the crown jewels of the council’s mechanisms. The council relies on them for independent advice and reporting on issues and situations. Victims of human rights violations depend on them for a voice, for protection and a remedy. When the code of conduct was negotiated Canada was concerned it would be used to undermine the independence and effectiveness of Special Procedures. This resolution confirms that such concern was well founded…This resolution will cast a chill over the work of Special Procedures. It sends the wrong message to the council’s own mechanisms and undermines its credibility. Instead of issuing this broad rebuke to the entire system of Special Procedures, the council should be urging States to cooperate with Special Procedures. Moreover this resolution sends the wrong message to the victims of human rights violations and betrays the hope which is represented by the existence of a system of Special Procedures that was created to speak out for them with confidence and without fear. Canada disassociates with the consensus on this resolution.”

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ISSUE & REVIEW: FOLLOW-UP

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.”

Genuine dialogue on human rights and freedom of religion or belief calls for respectful discourse, discussion of taboos and clarity by persons of diverse beliefs. Inclusive dialogue includes people of theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The warning signs are clear, unless there is genuine dialogue ranging from religious fundamentalism to secular dogmatism; conflicts in the future will probably be even more deadly.

In 1968 the UN deferred work on an International Convention on the Elimination of all Forms of Religious Intolerance because of its complexity and sensitivity. In forty years violence, suffering and discrimination based on religion or belief has dramatically increased. It is time for a UN Working Group to draft what they deferred in 1968, a comprehensive core international human rights treaty-a United Nations Convention on Freedom of Religion or Belief. See History.

The challenge to religions or beliefs at all levels is awareness, understanding and acceptance of international human rights standards on freedom of religion or belief. Leaders, teachers and followers of all religions or beliefs, with governments, are keys to test the viability of inclusive and genuine dialogue in response to the UN Secretary General’s urgent call for constructive and committed dialogue.

The Tandem Project title, Separation of Religion or Belief and State (SOROBAS), reflects the far-reaching scope of UN General Comment 22 on Article 18, International Covenant on Civil and Political Rights, Human Rights Committee (CCPR/C/21/Rev.1/Add.4). The General Comment on Article 18 interprets this international rule of law as a guide for peaceful cooperation, respectful competition and resolution of conflicts. See below: General Comment 22 on Article 18, CCPR.

Surely one of the best hopes for humankind is to embrace a culture in which religions and other beliefs accept one another, in which wars and violence are not tolerated in the name of an exclusive right to truth, in which children are raised to solve conflicts with mediation, compassion and understanding.

We welcome ideas on how this can be accomplished; info@tandemproject.com.

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THE TANDEM PROJECT PROPOSALS

Proposals for constructive, long-term solutions to conflicts based on religion or belief:

(1) Develop a model local-national-international integrated approach to human rights and freedom of religion or belief, appropriate to the cultures of each country, as follow-up to the Universal Periodic Review. See USA Example. 1 (2) Use International Human Rights Standards on Freedom of Religion or Belief as a rule of law for inclusive and genuine dialogue on core values within and among nations, all religions and other beliefs, and for protection against discrimination. (3) Use the standards on freedom of religion or belief in education curricula and places of worship, “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.” 2

Documents Attached:

UN Resolution Threatens Independence of Special Rapporteurs

The Right to Freedom of Opinion and Expression

The Killing of Witches

STANDARDS: http://www.tandemproject.com/program/81_dec.htm

HISTORY: United Nations History – Freedom of Religion or Belief

GENERAL COMMENT ON ARTICLE 18:

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument

1: USA Example: Universal Periodic Review & Freedom of Religion or Belief

2: Note: By Mr. Piet de Klerk, Ambassador At-Large of the Netherlands on Human Rights, 25 year Anniversary of 1981 UN Declaration on Freedom of Religion or Belief, Prague, Czech Republic.

The Tandem Project is a non-governmental organization (NGO) 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 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: info@tandemproject.com.

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

Economic and Social Council of the United Nations