Czech Republic - Universal Periodic Review & Freedom of Religion or Belief

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

Separation of Religion or Belief & State

 

CZECH REPUBLIC

 

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 Indonesia Universal Periodic Review was held by the UN Human Rights Council on Wednesday 16 April 2008 from 9:00 a.m.-12:00 p.m.  This link will access the reports in the Czech Republic Universal Periodic Review: National Report; Compilation of UN Information; Summary of Stakeholders Information; Questions Submitted in Advance; Report of the Working Group; Related Web cast Archives.

 

Link to: Czech Republic Adopted Universal Periodic Review.

 

http://www.ohchr.org/EN/HRBodies/UPR/Pages/czsession1.aspx

 

The primary human rights instruments on international law and freedom of religion or belief 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 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  Three Follow-up proposals: 

 

(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. Recognizing the religious and cultural sensitivity these issues, it is time 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.     

 

RECOMMENDATIONS

 

The Tandem Project Follow-up for the Czech Republic Universal Periodic Review on human rights and freedom of religion or belief is a challenge based on the twenty year history since the Velvet Revolution; http://en.wikipedia.org/wiki/Velvet_Revolution. A New York Times article on a recent papal visit explains this clearly; “Twenty years after the fall of the Berlin Wall and the Velvet Revolution that overthrew Communism in Czechoslovakia, the pope is visiting what many religious observers, unfairly or not, consider the ground zero of religious apathy in Europe. Vatican officials said that he had chosen the Czech Republic for a mission central to his papacy: fomenting a continent-wide spiritual revolt against what Benedict labeled Saturday as ‘atheist ideology,’ ‘hedonistic consumerism’ and ‘a growing drift toward ethical and cultural relativism.”

 

The divide between secular and spiritual ideology may explain in part why the Czech Republic Universal Periodic Review does not mention Article 18 of the International Covenant on Civil and Political Rights – equal protection against discrimination for all theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The Czech Republic Universal Periodic Review focus is on legislation, rights of the child, prisons, police, cage beds, sterilization, return of property to the Catholic Church and ethnic minority discrimination against the Roma in fields of housing, employment and education of children.

 

Tolerance and equal rights for all members of the human family; believer and unbeliever, theist, non-theist, atheist and agnostic are a challenge when beliefs are deeply-held.  Cooperation can be altruistic but human nature seems most open to cooperation with those of like minded beliefs. Real dialogue and cooperation between religious and non-religious believers are taking place in all parts of the world and in the Czech Republic. The question is how close it comes to being inclusive and genuine. 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. Unless there is genuine dialogue ranging from religious fundamentalism to secular dogmatism; conflicts in the future will probably be even more deadly. 

 

EXCHANGE OF INFORMATION

 

Links: Web sites in the public domain may be distributed unless copyright is indicated.

 

The Tandem Project Follow-up is seeking an exchange of information for the Czech Republic Universal Periodic Review on approaches to freedom of religion or belief, to bridge human rights proclaimed in treaties at the international level with the reality of implementation at a national and local level.

 

These are some of the organizations with expertise in the Czech Republic that will be asked for advice 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 (attached) is an example of what The Tandem Project looking for in partnership exchanges.

 

UPR Letters of Submission: for Czech Republic Universal Periodic Review:

http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRCzechRepublicStakeholderInfoS1.aspx

 

There were six letters of submission for the Czech Republic Universal Periodic Review. They include the Public Defender of Rights and the Council of Europe.

 

Public Defender of Human Rights: for Czech Republic Universal Periodic Review.

http://lib.ohchr.org/HRBodies/UPR/Documents/Session1/CZ/PDR_CZE_UPR_S1_2008_PublicDefendersofRights_uprsubmission.pdf

 

The Public Defender of Rights in the Czech Republic is stipulated by the Act No. 349/1999. In the letter of submission for the Czech Republic Universal Periodic Review they identified these particular areas of concern: Protection of the Rights of Children Adolescents and Family; The Work of the Police of the Czech Republic; The Work of the Prison Service in the Czech Republic, Systematic Visits to Facilities Where Persons Restricted in Their Freedom are Confined; The Performing of Sterilizations; Eviction of Romani Families From Vsetin. Issues of Human Rights and Freedom of Religion or Belief are subdivided among these particular areas of concern. The Tandem Project will seek an Exchange of Information on freedom of religion or belief in these issues and ask for advice on the Czech Republic compliance with Article 18 of the International Covenant on Civil and Political Rights.

 

Czech Helsinki Committee: http://www.helcom.cz/en/

 

The Czech Helsinki Committee is a non-governmental, non-profit organization for human rights. The main mission is monitoring legislative and the state of human rights in the Czech Republic with main areas of focus: Rights of the Child, Fight against Racism and Intolerance, Penitential System, Social Counseling and Human Rights Education. November 17, 2009 will be the twenty year anniversary of the Czech “Velvet Revolution.” The Tandem Project will ask the Czech Helsinki Committee for advice on which Czech NGO’s might be approached for an Information Exchange on human rights and freedom of religion or belief.

 

Council of Europe: Background Statement 1 – for Czech Republic Universal Periodic Review:

http://lib.ohchr.org/HRBodies/UPR/Documents/Session1/CZ/CE_CZE_UPR_S1_2008anx_Advisorycommitteeontheframeworkconventionfortheprotectionofnationalminorities.pdf

 

The Council of Europe Letter of Submission for the Czech Republic Universal Periodic Review includes eleven background statements. This background statement is the second opinion on the Czech Republic by the Advisory Committee adopted on 24 February 2005. It is consistent and appropriate for issues relating to the Czech Republic UPR follow-up in 2009 including: issues, developments and recommendations on tolerance and intercultural dialogue, Roma family issues and other matters. The recent election of Thorbjorn Jagland as secretary general of the Council of Europe signifies a willingness to pursue matters of dialogue and increased understanding based on international law and human rights. Mr. Jagland is a former Prime Minister of Norway and the new chair of the Norwegian Nobel Committee that awarded the 2009 prize to U.S. President Barack Obama. 

 

OSCE-ODIH: – Intolerance and Discrimination on the Czech Republic Data System.

http://tandis.odihr.pl/index.php?p=country,cze

 

The Tolerance and Non-Discrimination Information System (TANDIS) of the Organization for Security and Cooperation in Europe (OSCE) – Office for Democratic Institutions and Human Rights (ODIHR) website above provides one-point access to all collected information concerning the Czech Republic. The information includes information about specialized institutions, hate crime legislation, reports from inter-governmental organizations, State reports, action plans and other national initiatives. There are key documents on Religion and Law and Roma of interest to The Tandem Project Follow-up for the Czech Republic Universal Periodic Review. 

 

Religion and Law – International Center for Law and Religion Studies

http://www.religlaw.org/countryportal.php?CountryID=54&SortBy=recent

 

Key links for the OSCE-ODIHR Tolerance and Non-Discrimination Information System for the Czech Republic include Religion and Law – International Center for Law and Religion Studies. This link takes you to the Country Portal for the Czech Republic at the International Center for Law and Religious Studies at Brigham Young University in Provo, Utah. The Religion and Law Research Consortium on the web site above includes six American universities and centers and three European Universities and Centers. Professors of Law at several of these Universities have been part of the Religious Experts group of the Office of Democratic Institutions and Human Rights. The Tandem Project will approach them with the Minneapolis-St. Paul Area Survey on Freedom of Religion or Belief, for advice on how to Exchange Information on the success of their efforts at national and local levels in the Czech Republic.

 

Catholic Church in the Czech Republic: http://www.cirkev.cz/en.html

http://www.cirkev.cz/en/czech-bishops-conference.html

 

The first web site is in the Czech language. The web page on the Czech Bishops Conference is in English. On October 6, 2009 the Czech Bishops Conference met in Prague to evaluate the recent papel visit of Pope Benedict to the Czech Republic. The Czech Bishops Conference formed by the Holy See is a group of bishops of the Czech Republic founded to “exercise certain pastoral functions for the Christian faithful of their territory in order to promote the greater good which the Church offers to humanity, especially through forms and programs of the apostolate fittingly adapted to the circumstances of time and place.” There are eight dioceses in two ecclesiastical provinces and an Apostolic Electorate in the Czech Republic. The Tandem Project will ask them for advice on an Exchange of Information to promote and integrate human rights standards on freedom of religion or belief from an international perspective at the Holy See Permanent Mission to the United Nations in Geneva, to local parishes in the Czech Republic.

 

International Humanist and Ethical Union; http://www.iheu.org/

 

The International Humanist and Ethical Union (IHEU) is “a world union of over 100 Humanist, rationalist, secular, ethical culture, atheist and free-thought organizations in more than 40 countries.” Founded in Amsterdam in 1952, they are a world umbrella for these organizations. The IHEU vision is “a world in which human rights are respected and everyone is able to live a life of dignity. Their mission is “to build and represent the global Humanist movement that defends human rights and promotes Humanist values world-wide. Based in London, IHEU is an international NGO with Special Consultative Status with the UN (New York, Geneva, and Vienna), General Consultative Status at UNICEF (New York) and the Council of Europe (Strasbourg), and maintains operational relations with UNESCO (Paris).”

 

Free Thinkers of Czech Republic: http://mujweb.cz/spolecnost/volnamyslenka.

 

This website is listed as being affiliated with the International Humanist and Ethical Union (IHEU). It is in the Czech language. The Tandem Project is not able to read the website and will ask the parent IHEU organization which is in Special Consultative Status with the United Nations for their opinions on secular organizations for an exchange of information on follow-up to the Czech Universal Periodic Review.  

 

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 Geneva, Switzerland. Founded in 1947 in Lund, Sweden, the LWF now has 140 member churches in 79 countries all over the world representing 68.5 million Christians. Their mission includes humanitarian assistance, mission and development, theology, international affairs & human rights and ecumenical relations. Lutheran churches see the protection of human rights as a basic Christian concern and LWF monitors human rights abuses around the world and, in consultation with its member churches, makes representations in relation to crucial issues.

 

Silesian Evangelical Church of the Augsburg Confession:

http://www.sceav.cz/index.php?strana=kontakt

 

The Silesian Evangelical Lutheran Church of the Augsburg Confession joined the Lutheran World Federation (LWF) in 1956. It has a membership of 30,000 and is affiliated with the Community of Protestant Churches in Europe – Leuenberg Church Fellowship, Conference of European Church, Ecumenical Council of Churches in the Czech Republic and the World Council of Churches. This website is in the Czech language. The Tandem Project will ask the Lutheran World Federation (LWF) for their opinions on how to approach local Lutheran places of worship as a follow-up to the Czech Republic Universal Periodic Review.

 

FREEDOM OF RELIGION OR BELIEF

1. Czech Republic - Religious Demography:

The country has an area of 30,442 square miles, and a population of 10.2 million. The country had a largely homogenous population with a dominant Christian tradition. However, in part as a result of 40 years of communist rule between 1948 and 1989, the vast majority of citizens did not identify themselves as members of any organized religion. In a 2007 opinion poll sponsored by the Stredisko Empirickych Vyzkumu (STEM) agency, 28 percent of respondents claimed to believe in God, while 48 percent identified themselves as atheists. Only 18 percent of Czechs under 29 professed a belief in God. Similarly, in a May 2007 poll by the Public Opinion Research Centre (Centrum pro vyzkum verejneho mineni, or CVVM), 55 percent of Czechs voiced a mistrust of churches, while only 28 percent stated that they trust them. There was a revival of interest in religion after the 1989 "Velvet Revolution"; however, the number of those professing religious beliefs or participating in organized religion fell steadily since then in every region of the country.

Five percent of the population attends Catholic services regularly and most of these live in the southern Moravian dioceses of Olomouc and Brno. One percent of the population is practicing Protestants. Islam was registered as an officially recognized religion in 2004, and leaders of the local Muslim community estimated that there are several thousand Muslims in the country. There is only one mosque, located in Brno, but prayer rooms are scattered throughout the country. The vast majority of the country's historic Jewish community, which numbered approximately one hundred thousand before the Nazi occupation of the area of today's Czech Republic, was killed during the Holocaust. There were approximately 3,000 persons officially registered as members of the Jewish community. Judaism is an officially registered religion because of its recognition by the state before 1989.

2. Czech Republic - Legal/Policy Framework:

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.

Religious affairs are the responsibility of the Department of Churches at the Ministry of Culture. All religious groups officially registered with the Ministry of Culture are eligible to receive tax benefits and government subsidies from the state, although some decline to receive state financial support as a matter of principle and as an expression of their independence.

Recognized national holidays are Easter Monday, Christmas Eve, Christmas, and St. Stephen's Day (December 26) and do not have an evident negative affect on any religious group.

There are 26 state-recognized religious organizations. In 2004 the Center of Muslim Communities was officially registered, gaining first-tier status; this was the first such registration of a Muslim organization in the country. In 2004 the Constitutional Court denied an appeal by the Unification Church to overturn their denial to register in 1999. The Armenian Apostolic Church withdrew its application for registration at the end of 2006.

The 2002 law on Religious Freedom and the Position of Churches and Religious Associations created a two-tiered system of registration for religious organizations. To register at the first (lowest) tier, a religious group must have at least 300 adult members permanently residing in the country. First-tier registration confers limited tax benefits and imposes annual reporting requirements, as well as a 10-year waiting period before the organization may apply for full second-tier registration. To register at the second tier, a religious group must have membership, with the requisite signatures, equal to at least 0.1 percent of the country's population (approximately 10,000 persons). Many smaller and less established religions were unable to obtain the signatures necessary for second tier registration. Second-tier registration entitles the organization to a share of state funding.

3. Czech Republic - Restrictions on Religious Freedom:

Government policy and practice contributed to the generally free practice of religion.

Members of unregistered religious groups may issue publications without interference.

The Ministry of Culture sponsors religiously oriented cultural activities through a grant program. The Ministry sponsored some interfaith activities during the period covered by this report, including partial funding of the Christian and Jewish Society.

Under the 2002 religious registration law, the Ministry of Culture has responsibility for registering religious charities and enterprises as legal entities. The Catholic Church has criticized the law on the grounds that it unduly restricts Church management and financing of many of its social projects. The Church reports that religious charities and enterprises continue to experience difficulties and delays in registering as legal entities, although there has been some recent improvement in the speed of granting registrations. For example, in 2006 the Ministry registered a Catholic religious enterprise in northern Moravia, which the Constitutional Court ruled in 2003 had been improperly denied registration.

In 2006 the Armenian Apostolic Church withdrew its application for registration with the Ministry of Culture, seemingly due to the Church's realization that it did not meet the necessary standards.

4. Czech Republic - Societal Abuses/Discrimination:

There were some reports of societal abuses or discrimination based on religious belief or practice (see Anti-Semitism). Prominent societal leaders took positive steps to promote religious freedom.

The immigrant population was relatively small and included persons from Ukraine, Russia, Poland, Slovakia, and Vietnam. Immigrants did not report any difficulties in practicing their respective faiths

There were no reported violent anti-Semitic incidents against individuals in the country during the reporting period, and there were isolated reports of property damage or vandalism. A small but persistent and fairly well-organized extreme right movement with anti-Semitic views existed within the country. Some neo-Nazi rallies and concerts occurred throughout the year.

* Source: US State Department 2008 International Religious Freedom Report; Czech Republic

Direct Link: http://www.state.gov/g/drl/rls/irf/2008/108442.htm

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:

 

Czech Republic - Universal Periodic Review & Freedom of Religion or Belief

Czech Republic - Uphill Fight for Pope Among Secular Czechs

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