THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
Separation of Religion or Belief
& State
First Session U.N. Human Rights
Council Universal Periodic Review (7-18 April, 2008)
Available in other languages: click here if the language box does not display.
The Universal Periodic
Review (UPR) is a unique process launched by the UN Human Rights Council in
2008 to review the human rights obligations and responsibilities of all UN
Member States by 2011. Click for an Introduction to the Universal Periodic
Review, Process and News: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx
UNIVERSAL PERIODIC REVIEW
The Netherlands
Universal Periodic Review was held by the UN Human Rights Council on
Link to:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/nlsession1.aspx
The primary human rights
instruments for this review are:
Article 18 International Covenant
on Civil and Political Rights; and the 1981 Declaration on the Elimination of
all Forms of Intolerance and of Discrimination Based on Religion or Belief.
General Comment 22 on
Article 18 of the International Covenant on Civil and Political Rights:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument
The 1981 UN Declaration: http://www.tandemproject.com/program/81_dec.htm
THE TANDEM PROJECT FOLLOW-UP
The Tandem Project Follow-up builds on the 1986 Community
Strategies, 27 action proposals at a local level to implement
Article 18 of the ICCPR and the 1981 UN Declaration on Freedom of Religion or
Belief:
http://www.tandemproject.com/tolerance.pdf
(1) Develop model
local-national-international integrated approaches to human rights and freedom
of religion or belief, appropriate to the constitutions, legal systems and cultures
of each country, (2) Use International Human Rights Standards on Freedom of
Religion or Belief as a platform for inclusive and genuine dialogue, (3) Apply
these standards on freedom of religion or belief in education curricula,
“teaching children, from the very beginning, that their own religion is one out
of many and 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.”
Example: Universal
Periodic Review & Freedom of Religion or Belief
The challenge to the UN
Human Rights Council is to achieve consensus among world views relating to international human rights
standards on freedom of religion or belief and freedom of opinion and
expression. While recognizing the religious and cultural sensitivity of these
issues, it is time after 40 years for the UN
Human Rights Council to establish an Open-ended Working Group
for a UN Convention on Freedom of Religion
or Belief, deferred since 1968 by its predecessor the UN Human Rights
Commission, and to strengthen the Special Procedures mandate of the UN Special
Rapporteur on Freedom of Religion or Belief (Attachment).
RECOMMENDATIONS
Amnesty International
(AI) in their Netherlands Universal Periodic Review letter calls on the
government of the
The Tandem Project Follow-up agrees with the Amnesty International
recommendation for the Netherlands Universal Periodic Review. The Tandem
Project recommends action steps, at local levels, to implement international
human rights standards law on freedom of religion or belief. Municipal
governments, non-governmental organizations and places of worship should
consider drafting model national-municipal legislation, All States shall make all efforts
to enact or rescind legislation where necessary to prohibit any such
discrimination, and to take all appropriate measures to combat intolerance on
the grounds of religion or other beliefs in this matter (4.2 1981 UN Declaration) and action programs on integration, dialogue and
education at a local level, as part of the Netherlands Universal Periodic
Review.
In 2006 the 25 Year
Commemoration of the 1981 U.N. Declaration on the Elimination of All Forms of
Intolerance and Discrimination Based on Religion or Belief, was held in
______________________________________________________________________________________________
EXCHANGE OF INFORMATION
Links: Web sites in the public domain may be
distributed unless copyright is indicated. Organizations listed here do not
mean they endorse these requests for an exchange of information.
The Tandem Project Follow-up is seeking an exchange of information
for the Indonesia Universal Periodic Review on approaches to freedom of
religion or belief and freedom of opinion and expression, to
bridge human rights proclaimed in treaties at the international level with the
reality of implementation at a national and local level.
These are just a few
among many religious and non-governmental organizations with expertise in
Indonesia that may be asked for advice about the practicality, within the
Indonesian context, of an exchange of information on issues of concern relating
to international human rights and freedom of religion or belief. The Minneapolis-St. Paul Area Survey on Freedom of Religion or Belief
is an example of what The Tandem Project looks for in partnership exchanges
(Attachment).
Stakeholder Summary Information Footnote 3
Recommendation letters.
http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRNetherlandStakeholdersInfoS1.aspx
Amnesty International (AI): Submission Letter for the
Amnesty International is
a worldwide movement of people who campaign for internationally recognized
human rights for all. They have more than 2.2 million members and subscribers
in more than 150 countries. AI coordinates this support to act for justice on a
wide range of issues. In 1977 AI won the Nobel Peace Prize.
Excerpt: “Responsibility for developing and
implementing policies against discrimination and racism in the
The principle of
non-discrimination is at the heart of the protection of human rights. Amnesty
International’s research indicates a failure on the part of municipal
authorities in the
The Tandem Project Follow-up will ask Amnesty International and Amnesty
International/USA for suggestions on municipal and local partners that may want
to exchange of information on approaches to freedom of religion or belief for
the adopted Netherlands Universal Periodic Review, and USA Universal Periodic
Review to be held in December 2010.
The
http://en.wikipedia.org/wiki/Evangelical_Lutheran_Church_in_the_Kingdom_of_the_Netherlands
“The
The Tandem Project Follow-up will ask an urban Evangelical Lutheran
Church congregation for an exchange of information on local approaches to human
rights and freedom of religion or belief in the Netherlands Universal Periodic
Review and partnership with an Evangelical Lutheran Church congregation in the Minneapolis-St. Paul Area Survey on Freedom of Religion or Belief,
Lutheran World Federation; http://www.lutheranworld.org
The Lutheran World
Federation (LWF) is a global communion of Christian churches in the Lutheran
tradition with international headquarters in
University for Humanistics (UvH):
http://www.uvh.nl/defaultuvh.asp?oChapter=20&oId=42&hId=sub90
The University for
Humanistics is a renowned academic center of knowledge inspired by the humanist
body of thought. Founded in 1989, UvH is fully recognized and funded by the
government of the
The Tandem Project Follow-up will ask the University of Humanistics in
Utrecht for advice on an academic exchange of information on local approaches
to human rights and freedom of religion or belief in the Netherlands Universal
Periodic Review with academic institutions in the Minneapolis-St.
Paul Area Survey on Freedom of Religion or Belief,
______________________________________________________________________________________________
FREEDOM OF RELIGION OR BELIEF
Source of Report: http://www.state.gov/g/drl/rls/irf/2008/108463.htm
Excerpts from the Full Report:
1.
The country has
an area of 16,485 square miles and a population of 16.3 million. Approximately
60 percent of the population has some religious affiliation, although many do
not actively practice their religion. Approximately 55 percent consider
themselves Christian; 6 percent Muslim; 3 percent other (Hindu, Jewish, or
Buddhist); and 36 percent atheist or agnostic.
Society has
become increasingly secularized. In general, church membership continued to
decline. According to a 2006 study by the Government's Social Cultural Planning
Bureau, church membership declined steadily from 76 percent of the population
in 1958 to 30 percent in 2006 (16 percent Catholic and 14 percent Protestant).
Only 16 percent regularly go to church. Although 55 percent regard themselves
as Christian, among this group only 30 percent believe in God, while 50 percent
are agnostic or hold vaguely defined beliefs. The European Values Study showed
that of all Europeans, the Dutch consistently have the lowest levels of
appreciation for religious institutions.
Roman Catholics
constitute the largest religious group in the country; however, many express
alienation from their religious hierarchy and doctrine. While 78 percent view
the church as an important anchor of norms and values, 68 percent dismiss the
church's views on social issues such as abortion, gay marriage, and divorce.
The country's
Protestantism is heterogeneous. Among the Protestant churches, the Dutch
Reformed Church remains the largest. Other Protestant denominations include
Baptists, Lutherans, Anglicans, and Remonstrants.
An estimated
950,000 Muslims, constituting 5.8 percent of the total population, live in the
country, primarily in the larger cities, including approximately 370,000 of
Turkish background and 330,000 of Moroccan background. Other Muslims include
those from the country's former colony of
2.
The Constitution
provides for freedom of religion, and the Government generally respected this
right in practice. The Government at all levels sought to protect this right in
full and did not tolerate its abuse, either by governmental or private actors.
The Constitution permits the Government to place restrictions on the exercise
of religion only on limited grounds, such as health hazards, traffic safety,
and risk of public disorder.
The Government
provides state subsidies to religious organizations that maintain educational
facilities. The Government provides education funding to public and religious
schools, other religious educational institutions, and health care facilities,
irrespective of their religious affiliation. To qualify for funding,
institutions must meet strict nonreligious criteria in curriculum, minimum
size, and health care.
The Government
of Turkey exercises influence within the country's Turkish Muslim community
through its religious affairs directorate, the Diyanet, which is permitted to
appoint imams for the 140 Turkish mosques in the country. There is no such
arrangement with the Moroccan Government, which maintains connections with the
approximately 100 Moroccan mosques through a federation of Moroccan friendship
societies but has no mechanism to exercise direct influence in the country.
Authorities continued to express concern regarding Turkish and Moroccan
interference with religious and political affairs, because such interference
appeared to run counter to Government efforts to encourage integration of
Muslims into society.
3.
Government
policy and practice contributed to the generally free practice of religion.
Disputes arose
when the exercise of the rights to freedom of religion and speech clashed with
the strictly enforced ban on discrimination. Such disputes were addressed
either in the courts or by antidiscrimination boards. Complaints were
repeatedly filed against religious or political spokesmen who publicly
condemned homosexuality. However, longstanding jurisprudence dictates that such
statements, when made on religious grounds, do not constitute a criminal
offense absent an intention to offend or discriminate against homosexuals.
The Equal
Opportunities Committee and the courts repeatedly addressed the wearing of
headscarves in schools and places of employment. The prevailing legal opinion
holds that the wearing of headscarves may be banned only on narrow grounds,
such as security considerations or inconsistency with an official government
uniform. As it had done in the previous year, in 2006 Parliament adopted a
resolution urging the Government to ban public wearing of burqas (a loose robe
worn by some Muslim women that covers the body from head to toe). Legal experts
consulted by the previous Integration Minister opined, however, that a general
ban (as requested by Parliament) does not appear possible under the law. The
Government stated in February 2007 that it is willing to consider banning
"face-covering clothing in the interest of public order and safety."
4.
Muslims faced
continuing societal resentment, attributable to growing perceptions that Islam
is incompatible with Western values, that Muslim immigrants have failed to
integrate, and that levels of criminal activity among Muslim youth are higher
than the national average. Major incidents of violence against Muslims were
rare; however, minor incidents, including intimidation, brawls, vandalism, and
graffiti with abusive texts were quite common. Expanding pockets of young
Muslims and youths identifying themselves as "native Dutch" were responsible
for most instances of violence. A number of offenders were arrested,
prosecuted, and convicted.
A number of
outspoken politicians, mainly from the right, openly argued that Islam is
incompatible with Dutch traditions and social values. Geert Wilders, whose
Party of Freedom (PVV) won nine seats in the November 2006 general elections on
an anti-immigrant and anti-Islam ticket, was the most prominent of several
politicians seen as encouraging public opinion against Muslims by claiming that
Islam preaches violence and hatred.
It is a crime
to engage in public speech that incites religious, racial, or ethnic hatred,
and the Government prosecuted several cases during the period covered by this
report. Convictions are rare, however, because courts are reluctant to restrict
freedom of expression, especially when it concerns expressions that
"offend, shock, or disturb" made by politicians or journalists within
the context of public debate or serving the public interest. For example, on
Source: US State Department 2007 International
Religious Freedom Report;
http://www.state.gov/g/drl/rls/irf/2008/108463.htm
Source: US State
Department 2008 International Religious Freedom Report;
Links to State Department
sites are welcomed. Unless a copyright is indicated, information on the State
Department’s main website is in the public domain and may be copied and
distributed without permission. Citation of the U.S. State Department as source
of the information is appreciated.
Documents Attached:
Netherlands - Universal Periodic Review & Freedom of Religion or Belief
25 Year Commemoration - 1981 UN Declaration on Freedom of Religion or Belief.
Minneapolis-St. Paul Area Survey on Freedom of Religion or Belief
______________________________________________________________________________________________
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. Violence,
suffering and discrimination based on religion or belief in many parts of the
world is greater than ever. 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. United
Nations History – Freedom of Religion or Belief
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 is a guide to international human rights law for peaceful cooperation,
respectful competition and resolution of conflicts:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocument
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.
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 is a UN NGO in
Special Consultative Status with the
Economic and Social Council of
the United Nations