ISSUE - Ban on Minarets - Islam, Democracy and Human Rights

 

THE TANDEM PROJECT

http://www.tandemproject.com.

 

UNITED NATIONS, HUMAN RIGHTS,

FREEDOM OF RELIGION OR BELIEF

 

SWISS BAN BUILDING OF MINARETS ON MOSQUES

 

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Issue: Ban on Minarets - Islam, Democracy and Human Rights.

 

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

                                                                                                                                                                             

Review: Swiss Ban Building of Minarets on Mosques, by Nick Cumming-Bruce and Steven Erlanger, New York Times, Monday 30 November 2009. Attachments: related issues.         

 

Excerpt: “In a vote that displayed a widespread anxiety about Islam and undermined the country’s reputation for religious tolerance, the Swiss on Sunday overwhelmingly imposed a national ban on the construction of minarets, in a referendum drawn up by the far right and opposed by the government.”

 

“The Swiss government said it would respect the vote and sought to reassure the Muslim population-mostly immigrants from other parts of Europe, like Kosovo and Turkey-that the minaret ban was not a rejection of the Muslim community, religion or culture. The government must now draft a supporting law on the ban, a process that could take at least a year and could put Switzerland in breach of international conventions on human rights.”

 

This article is on the referendum to ban minarets in Switzerland that violates international human rights law. It speaks to a deeper issue than construction of minarets; xenophobia and related intolerance as expressed by the general public. The documents attached reflect related tensions and efforts throughout Europe to dialogue with the Islamic community (ummah) on issues of democracy and human rights. The Switzerland Universal Periodic Review was held by the UN Human Rights Council on Thursday 8 May 2008 (click below). The way in which the Swiss government drafts the law on the ban on minarets will be a topic for follow-up the Switzerland Universal Periodic Review.

 

http://www.ohchr.org/EN/HRBodies/UPR/Pages/chsession2.aspx

 

Article 18 Paragraph 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.

 

1981 UN Declaration Article 6:  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 freedom. The right: To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;

 

November 30, 2009

Swiss Ban Building of Minarets on Mosques

By NICK CUMMING-BRUCE and STEVEN ERLANGER

GENEVA — in a vote that displayed a widespread anxiety about Islam and undermined the country’s reputation for religious tolerance, the Swiss on Sunday overwhelmingly imposed a national ban on the construction of minarets, the prayer towers of mosques, in a referendum drawn up by the far right and opposed by the government.

The referendum, which passed with a clear majority of 57.5 percent of the voters and in 22 of Switzerland’s 26 cantons, was a victory for the right. The vote against was 42.5 percent. Because the ban gained a majority of votes and passed in a majority of the cantons, it will be added to the Constitution.

The Swiss Constitution guarantees freedom of religion, but the rightist Swiss People’s Party, or S.V.P., and a small religious party had proposed inserting a single sentence banning the construction of minarets, leading to the referendum.

The Swiss government said it would respect the vote and sought to reassure the Muslim population — mostly immigrants from other parts of Europe, like Kosovo and Turkey — that the minaret ban was “not a rejection of the Muslim community, religion or culture.”

Eveline Widmer-Schlumpf, the justice minister, said the result “reflects fears among the population of Islamic fundamentalist tendencies.”

While such concerns “have to be taken seriously,” she said in a statement, “The Federal Council takes the view that a ban on the construction of new minarets is not a feasible means of countering extremist tendencies.”

The government must now draft a supporting law on the ban, a process that could take at least a year and could put Switzerland in breach of international conventions on human rights.

Of 150 mosques or prayer rooms in Switzerland, only 4 have minarets, and only 2 more minarets are planned. None conduct the call to prayer. There are about 400,000 Muslims in a population of some 7.5 million people. Close to 90 percent of Muslims in Switzerland are from Kosovo and Turkey, and most do not adhere to the codes of dress and conduct associated with conservative Muslim countries like Saudi Arabia, said Manon Schick, a spokeswoman for Amnesty International in Switzerland.

“Most painful for us is not the minaret ban, but the symbol sent by this vote,” said Farhad Afshar, who runs the Coordination of Islamic Organizations in Switzerland. “Muslims do not feel accepted as a religious community.”

The Swiss vote reflected a growing anxiety about Islam, especially its more fundamentalist forms, in many countries of Western Europe. France, for example, has been talking about banning the full Islamic veil as a way to stop the influence of the more fundamentalist Salafist forms of Islam, popular among some of the young and also converts.

Pre-referendum polls had indicated a comfortable, if slowly shrinking, majority against the proposal, after a controversial campaign that played aggressively on the same fears of Muslim immigration and the spread of Islamic values that resonate in other parts of Europe.

Media Tenor International, which monitors television coverage, said that the main Swiss evening news programs tended to report about Islam “primarily in the context of terrorism and international conflict.” Representatives of Islam “were quoted only infrequently,” said the group’s president, Roland Schatz.

“That Switzerland, a country with a long tradition of religious tolerance and the provision of refuge to the persecuted, should have accepted such a grotesquely discriminatory proposal is shocking,” said David Diaz-Jogeix, Amnesty International’s deputy program director for Europe and Central Asia.

Campaign posters depicting a Swiss flag sprouting black, missile-shaped minarets alongside a woman shrouded in a niqab, a head-to-toe veil that shows only the eyes, starkly illustrated the determination of the right to play on deep-rooted fears that Muslim immigration would lead to an erosion of Swiss values.

In a recent televised debate, Ulrich Schlüer, a member of Parliament from the S.V.P., said minarets were a symbol of “the political will to take power” and establish Shariah, or religious law.

He also claimed that Switzerland already suffered from thousands of forced marriages.

That debate prompted the government to mount a public relations campaign overseas to try to avoid a backlash like the one Denmark faced in Islamic countries after a newspaper published cartoons depicting the Prophet Muhammad, and to avoid damage to lucrative commercial and banking ties with wealthy Muslims.

Muslim leaders have tried to keep out of the spotlight and to avoid internationalizing the issue, shunning interviews with most news outlets from Muslim countries, according to Youssef Ibram, an imam at Geneva’s main mosque and Islamic Cultural Foundation.

Still, the campaign was accompanied by sporadic shows of hostility. Last week, vandals threw stones and a pot of paint at Geneva’s main mosque.

In an interview before the referendum, Mr. Ibram said that whatever the outcome of the vote, Muslims would lose out from a campaign that had played on fears of Islam and exposed deep-seated opposition to their community among many Swiss.

Nick Cumming-Bruce reported from Geneva, and Steven Erlanger from Paris.

http://www.nytimes.com/2009/11/30/world/europe/30swiss.html?_r=1&ref=todayspaper&pagewanted=print

 

 


Documents Attached:

Swiss Ban Building of Minarets on Mosques
Europe's Minaret Moment
Norway - Christians & Muslims Sign Declaration on Religious Freedom
Right to Change Religion or Belief Adopted Without Consensus

 

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

 

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.

 

United Nations Secretary General Ban Ki Moon, at the first Alliance of Civilizations Madrid Forum; “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.”

 

In 1968 the UN stopped work on an International Convention on the Elimination of All Forms of Religious Intolerance because of the sensitivity and complexity of reconciling a human rights treaty with dissonant worldviews and voices on religion or belief. Instead, in 1981 the United Nations adopted a non-binding Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief in support of Article 18:  http://www.tandemproject.com/program/81_dec.htm

 

Separation of Religion or Belief and State reflects the far-reaching scope of General Comment 22 on Article 18, International Covenant on Civil and Political Rights, 1993, UN Human Rights Committee:

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

 

Inclusive and genuine dialogue on human rights and freedom of religion or belief are between people of theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. It calls for open dialogue on: awareness, understanding, acceptance; cooperation, competition, conflict; respectful discourse, discussion of taboos and clarity by persons of diverse beliefs.

 

Human rights protect freedom of religion or belief; religion or belief does not always protect human rights. In this respect human rights trump religion to protect individuals against all forms of discrimination on grounds of religion or belief by the State, institutions, groups of persons and persons. After forty years suffering, violence and conflict has increased based on belief in many parts of the world. UN options may be to gradually reduce such intolerance and discrimination or call for a new paradigm deferred since 1968. 

 

Is it time for the UN to renew the 1968 draft for a legally-binding International Convention on Freedom of Religion or Belief: United Nations History – Freedom of Religion or Belief