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Disclaimer: The Tandem Project does not represent the institutions, organizations or individuals in these proposals and is not endorsed by them.  Opinions and recommendations are by The Tandem Project. Proposals are for an exchange of information and ideas as a follow-up to United Nations Universal Periodic Reviews.

The United Nations cannot favor one religion or belief over another. The third rail is neutral on the God idea between Theism and Atheism.

THE TANDEM PROJECT
http://www.tandemproject.com.
info@tandemproject.com

UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF

The Tandem Project is a UN NGO in Special Consultative Status with the
Economic and Social Council of the United Nations

Separation of Religion or Belief and State

CHINA

Fourth Session U.N. Human Rights Council Universal Periodic Review (2-13 February, 2009)

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/BasicFacts.aspx

Date of consideration: Monday 9 February 2009 - 9.00 a.m. - 12.00 a.m.

 

National report 1 :

 A | C | E | F | R | S

            

 Compilation of UN information 2 :

 A | C | E | F | R | S

      

Summary of stakeholders' information 3 :

 A | C | E | F | R | S

    

Questions submitted in advance 

 

Outcome of the review   :

 

Report of the Working group   :

 A | C | E | F | R | S

Decision on the outcome     :

 E only

Report of the eleventh session of the Human Rights Council   :

 A | CE  | F | R | S

Related webcast archives

 

 

The primary international human rights instruments on 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 on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief http://www.tandemproject.com/program/81_dec.htm.

RECOMMENDATIONS

These recommendations should be read with the China UPR National Report, Working Group Report, Inter-active Dialogues and Stakeholder letters to understand human rights and realpolitick in China today.

The China National Report:  “China respects the principle of the universality of human rights and considers that all countries have an obligation to adopt measures continuously to promote and protect human rights in accordance with the purposes and principles of the Charter of the United Nations and the relevant provisions of international human rights instruments, and in the light of their national realities. The international community should respect the principle of the indivisibility of human rights and attach equal importance to civil and political rights and economic, social and cultural rights as well as the right to development. Given differences in political systems, levels of development and historical and cultural backgrounds, it is natural for countries to have different views on the question of human rights. It is therefore important that countries engage in dialogue and cooperation based on equality and mutual respect in their common endeavour to promote and protect human rights.”

The Tandem Project encourages China to engage in dialogue and cooperation based on an honest effort to reconcile different worldviews between China and the Universal Declaration of Human Rights over the four year follow-up to their Universal Periodic Review.

The Tandem Project Follow-up recommendations focus on implementation of Article 18 of the International Convention on Civil and Political Rights and the 1981 UN Declaration on the Elimination of all Forms of Intolerance and Discrimination Based on Religion or Belief at international, national and local levels. These two human rights instruments are indivisible and inter-related with all others under the Universal Declaration of Human Rights.

The People’s Republic of China should ratify the International Covenant on Civil and Political Rights to be in compliance with treaty law on human rights and freedom of religion or Belief. Many of the delegations in the Inter-active Dialogue in the Report of the Working Group on China (paragraphs 26-118, pages 6-31) call for ratification of the ICCPR. The Report of the Working Group should be read in its entirety for the recommendations by State delegations: 

http://lib.ohchr.org/HRBodies/UPR/Documents/Session4/CN/A_HRC_11_25_CHN_E.pdf.

Consideration should be given by China for dialogues between Chinese religions or beliefs, Chinese Communist Party and religions or beliefs outside of China to include all theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion or belief, as defined by General Comment 22 on Article 18 of the International Covenant on Civil and Political Rights. In March 1982 the Central Committee of the Chinese Communist party issued “Document 19: The Basic Viewpoint on the Religious Question during our Country’s Socialist Period.” The policy declares the country is atheist, but calls for limited freedom of religion in the People’s Republic of China. Article 36 of the Chinese Constitution: “no one may make use of religions to engage in activities that disrupt public order, impair the health of citizens or interfere with the state educational system.” 

China is a party to the UN Convention on the Rights of the Child (CRC).  Compulsory Education has raised the enrollment rate in primary and secondary education from 20% to 99.49% according to the National Report. Consideration should be given to introducing freedom of choice to believe or not to believe as a curriculum in early childhood education. Norway in an Advance Question to China stated: “The PRC’s Constitution guarantees freedom of religious belief. Could you tell us the content and basis for legal restrictions on religious activities for the Uighur population and Muslim minorities in Xinjiang, including restrictions on parents’ rights to give their children religious education, prohibition on children’s rights to engage in religious activities and restrictions on the freedom to make overseas pilgrimages? Are there plans to conduct a constitutional review of these regulations and how they are implemented?”

China in its National Report says they have a Scientific Outlook on Development and are “committed to engaging in exchanges and cooperation with other countries.” This promising statement should encourage an integrated approach at national and local levels incorporating open and transparent dialogue between different worldviews on human rights and freedom of religion or belief.


BACKGROUND

Information for exchange of ideas on follow-up to United Nations Universal Periodic Reviews

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.
 – First Preamble to the Universal Declaration of Human Rights. 

The principle of universality of human rights is the cornerstone of international human rights law.

http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx

INTERNATIONAL HUMAN RIGHTS LAW ON FREEDOM OF RELIGION OR BELIEF

The principal instruments for International Human Rights Law on Freedom of Religion or Belief is Article 18 of the International Covenant on Civil and Political Rights (CCPR) and the 1981 U.N. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

The 1981 UN Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief http://www.tandemproject.com/program/81_dec.htm.

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

Article 18: International Covenant on Civil and Political Rights

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, practice and teaching.

No one shall be subject to coercion which would impair his freedom to have a religion or belief of his   choice.

Freedom of 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.

The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education in conformity with their own convictions.

The Third Rail

International human rights law on freedom of religion or belief 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 of the International Covenant on Civil and Political Rights. The United Nations does not favor one religion or belief over another. This international human rights law protects everyone from discrimination based on religion or belief. It includes persons of majority and minority religions or beliefs, cross-cultural traditions and values and new religious movements. It is a universal, neutral and impartial law. As a moral principle it deserves promotion. Lexicographers describe similar terminology as agnostic, the third rail on the God idea between theism and atheism.

MANDATE OF THE U.N. SPECIAL RAPPORTEUR ON FREEDOM OF RELIGION OR BELIEF

The U.N. Human Rights Council every three years draft a resolution for the mandate of the U.N. Special Rapporteur on Freedom of Religion or Belief who serves as an independent expert on human rights and freedom of religion or belief through a process known as Special Procedures.

In 2007 the right to change one’s religion or belief was resisted by Pakistan on behalf of the 57 country Organization of the Islamic Conference (OIC) as a requirement they could not subscribe to. In 2010 Pakistan and the OIC withdrew the objection when the U.N. Human Rights Council dropped 9 (a) from the mandate on freedom of religion or belief without a vote. 

2007 Mandate on Freedom of Religion or Belief (A/HRC/RES/6/37)

In 2007 the U.N.Human Rights Council mandate for the U.N. Special Rapporteur on Freedom of Religion or Belief (A/HRC/RES/6/37) failed to achieve consensus because of objections by Pakistan and the Organization of the Islamic Conference (OIC) over the right to change one’s religion or belief:

9. Urges States:

  • (a) To ensure that their constitutional and legislative systems provide adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction, inter alia, by the provision of effective remedies in cases where the right to freedom of thought, conscience, religion or belief, or the right to practice freely one’s religion, including the right to change one’s religion or belief, is violated;

Pakistan speaking on behalf of 57 countries in the Organization of the Islamic Conference (OIC)  objected by saying, “It called  for respect for norms about the right to change one’s religion.  The EU draft explicitly urges States to guarantee the right to change one’s religion or belief,  a requirement the OIC could not subscribe to.”

Portugal, speaking on behalf of the European Union (EU) said over 40 paragraphs in the draft resolution was eliminated in an attempt at consensus with the abstaining states, but consensus over the right to leave one’s religion or belief is inviolable and could not be compromised
The Resolution (A/HRC/RES/6/37) with recorded votes can be viewed by clicking on this link:

http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_6_37.pdf

2010 Mandate on Freedom of Religion or Belief (A/HRC/RES/14/11)

In 2010 at the 14th session of the U.N. Human Rights Council Pakistan and the OIC dropped their objections to the resolution.  The resolution was adopted without a vote for the three year mandate of the U.N. Special Rapporteur on Freedom of Religion or Belief (A/HRC/RES/14/11). Paragraph 9 (a) the point of tension and abstentions in 2007 was deleted and an amendment withdrawn by Pakistan on behalf of the Organization of the Islamic Conference (OIC) and several other countries to achieve consensus.

The United States,  in the U.N. Human Rights Council, referred to the mandate of the Special Rapporteur on “freedom of religion.” U.S. international reports should use the U.N. title, Special Rapporteur on Freedom of Religion or Belief. Spain introducing the resolution on behalf of the EU called for consensus for the mandate of the Special Rapporteur on Freedom of Religion or Belief. Pakistan in reference to negative stereotyping of religion, called for consensus on the mandate on freedom of religion or belief.   

Does (A/HRC/RES/14/11) still urge states to guarantee the right to change one’s religion or belief as it did in the 2007 resolution or does it accommodate cultural norms not to change one’s religion? 

Paragraph 9 (a)  in the opinion of the EU still applies to the discharge of duties in 2010 for the U.N. Special Rapporteur on Freedom of Religion or Belief . Whether the OIC agrees after abstaining in 2007 based on cultural norms is a key issue and needs clarity for 9 (a) to be fully implemented. 

UN Human Rights Council Resolution on Freedom of Religion or Belief

IMPLEMENTING 9 (a)

If the mandate in 2010 includes a call to implement 9 (a) it will be a significant step forward  to resolve the question of universality vs. cultural relativity, for norms that guarantee the right to change one’s religion or belief.  As a principle of universal democracy the right to leave a religion is  inviolable for all religions or beliefs, all governments, all members of the human family. 

The global challenge is to build widespread awareness and acceptance of this right as international law through dialogue with governments and non-governmental organizations, civil society, schools and places of worship, including leaders of the Ummah in Islamic schools and mosques. 

Implementing 9 (a) must respect the sensitivity and complexity of this issue which was one of the causes of the 1968 impasse by the U.N. in drafting a legally-binding international treaty (History).

  • HISTORY: The United Nations failed to achieve consensus on a legally binding international treaty on religious intolerance, settling instead for the non-binding 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief.

http://www.tandemproject.com/program/history.htm

  • STATISTICS: The United Nations protects all theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. Statistics: builds the case for an  inclusive and genuine approach to implementing human rights and freedom of religion or belief.

http://www.tandemproject.com/program/major_religions.htm

THE TANDEM PROJECT 

1984: The Tandem Project co-founder represented the World Federation of United Nations Associations (WFUNA) in 1984 at the two week Geneva Seminar called by the UN Secretariat on how to implement the 1981 UN Declaration on the Elimination of All Forms of Intolerance of Discrimination Based on Religion or Belief. In 1986 The Tandem Project hosted the first International Conference on the 1981 U.N. Declaration on Freedom of Religion or Belief.

1986: Minnesota held the first International Conference on how to implement the 1981 United Nations Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief. Thirty-five international delegates and thirty-five Minnesota delegates were invited. Minnesota organizations and individuals proposed twenty- seven Community Strategies on how to implement the 1981 U.N. Declaration under: Synopsis, Strategy, Objectives, Program Approach, Obstacles and Outcomes. These Community Strategies can be read on the following link:

Minnesota Community Strategieshttp://www.tandemproject.com/tolerance.pdf

2010: Since 1986 The Tandem Project has built support for Human Rights and Freedom of Religion or Belief simultaneously from top down and ground up. In 1986 top down was  the U.N. Human Rights Commission, now its successor the U.N. Human Rights Council.  The Tandem Project approach from the ground or local level up for national Universal Periodic Reviews & Freedom of Religion or Belief includes; Forums for Places of Worship, Academic Discourse, Schools, Women and Civil Society.

Reflections

The First Preamble to the Universal Declaration of Human Rights reads: 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.

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.

There is an increase in dialogue today between religions and other beliefs to embrace diversity, but few persons, less than one percent of any population, ever participate. This is a challenge. The value of such dialogues is proportionate to the level of participation. For civil society increased participation would create opportunities for education on inclusive and genuine approaches to human rights and freedom of religion or belief. 

In 1968 the United Nations deferred passage of a legally-binding convention on religious intolerance saying it was too complicated and sensitive. Instead, they adopted a non-binding declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief. While very worthwhile, the declaration does not carry the force and commitment of a legally-binding international human rights convention on freedom of religion or belief.

Religions and other beliefs historically have been used to justify wars and settle disputes. This is more dangerous today as the possible use of nuclear and biological weapons of mass destruction increases. Governments need to consider whether religions and other beliefs trump human rights or human rights trump religions and other beliefs. Can international human rights law help to stop the advance and use of such weapons in the face of this historic truth?

  • QUESTION: Weapons of mass destruction as history teaches are legitimized for national security and justified by ethnic and religious ideology. The U.N. Review Conference on the Nuclear Test Ban Treaty and studies on biological and cyber weapons demonstrate advances in science and technology is being used to increase their potential for mass destruction. The question is whether an International Convention on Human Rights and Freedom of Religion or Belief, elevated and supported equally by the U.N. Human Rights Council and U.N. Security Council, would help offset the risk of weapons of mass destruction. Recognition of the need for synergy to balance rights and security is the foundation for solving this issue.

“I am become death, the destroyer of worlds” - Robert Oppenheimer, quote from the Bhagavad Gita after exploding the first atomic bomb, Trinity 1945.

The Tandem Project a non-governmental organization (NGO) founded in 1986 to build understanding, tolerance, and respect for diversity of religion or belief, and to prevent discrimination in matters relating to freedom of religion or belief. The Tandem Project has sponsored multiple conferences, curricula, reference material 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.

Documents Attached: China - Forum for Academic Discourse on Human Rights & Freedom of Religion or Belief; China - Universal Periodic Review & Freedom of Religion or Belief; UN Special Rapporter Report on 1998 Oslo Conference; Norway - Christians & Muslims Sign Declaration on Religious Freedom