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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

Universal Periodic Review reports in six languages

http://www.ohchr.org/EN/HRBodies/UPR/Pages/bhsession1.aspx

If reports below blue bar do not open, click to access these reports in the master link above

Universal Periodic Review - Bahrain

Only contributions submitted in one of the United Nations official languages are admissible and posted on this webpage

Date of consideration: Monday 7 April 2008 - 10.00 a.m. - 1.00 p.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

Corrigendum :

A | C | E | F | R | S

Decision on the outcome :

E only

Report of the eight session of the Human Rights Council :

A | C | E | F | R | S

Related webcast archives

cid:image004.jpg@01CCCF7C.DCFD8BC0

Main Country Page: http://www.ohchr.org/EN/countries/MENARegion/Pages/BHIndex.aspx
Inter-active Dialoguehttp://www.ohchr.org/EN/HRBodies/UPR/Pages/BHWebArchives.aspx


Bahrain Universal Periodic Review in April 2008 as preparation for Bahrain Universal Periodic Review in April 2012.

Prep for 2nd Cycle 13th Session – UPR & Freedom of Religion or Belief


CONSTITUTION OF BAHRAIN

http://en.wikisource.org/wiki/Constitution_of_the_Kingdom_of_Bahrain_(2002)

Article 2 [State Religion, Shari'a, Official Language]

The religion of the State is Islam. The Islamic Shari'a is a principal source for legislation. The official language is Arabic.

Excerpt from U.S. State Department 2010 Report on Religious Freedom, Bahrain

“The constitution states that Islam is the official religion and that Islamic law is a principal source for legislation. The constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion, freedom of conscience, the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings, in accordance with the customs observed in the country. However, the government placed some limitations on the exercise of these rights.

There was no change in the status of respect for religious freedom by the government during the reporting period. The government continued to exert a level of control and monitoring over both Shi'a and Sunni Muslims. International and local nongovernmental organizations (NGOs) asserted that Shi'a citizens, as a whole, faced discrimination as evidenced by lower socio-economic indicators than the Sunni minority.
Regional Sunni-Shi'a tensions and historical political divisions continued to affect intra-Muslim relations.”


BAHRIAN

CULTURE OF TOLERANCE AND PEACE BASED ON RELIGION OR BELIEF

United Nations Resolution – a Culture of Tolerance & Peace Based  on Religion or Belief

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.

One best hope is Resolution A/HRC/16/18/L.47, a Culture of Tolerance and Peace, introduced by Pakistan on behalf of the Organization of the Islamic Conference (OIC) in the UN Human Rights Council on 24 March 2011,  and by the United Arab Emirates in the Third Committee of the UN General Assembly on 15 November 2011, and adopted by consensus in the UN General Assembly as A/RES/66/147 on 19 December 2011. 

Bahrain supported on 24 March 2011 a resolution adopted by consensus for a Culture of Tolerance and Peace, sponsored by Pakistan and approved in consultation with Saudi Arabia, Norway, United States of America and Hungary on behalf of the European Union (EU):

Introduced by Pakistan on behalf of the Organization of the Islamic Conference  (OIC)  adopted by consensus without a vote. - Resolution A/HRC/16/18/L.38, Geneva, March 24 2011

Pakistan (on behalf of the OIC) Mr. Zamir Akram  cid:image003.png@01CCCF7C.D8A5F170[English] 10 minutes Saudi Arabia Mr. Ahmed Suleiman Ibrahim Alaquil  cid:image003.png@01CCCF7C.D8A5F170[English] [Arabic] 1 minute Norway Ms. Beate Stirø cid:image003.png@01CCCF7C.D8A5F170[English] 2 minutes United States of America Mr. Eileen Chamberlain Donahoe cid:image003.png@01CCCF7C.D8A5F170[English] 5 minutes Hungary (on behalf of the European Union) Mr. András Dékány  cid:image003.png@01CCCF7C.D8A5F170[English] 3 minutes

UN Human Rights Council Panel Statements, Resolution A-HRC-16-18, 2010 General Assembly Third Committee Actions

The Resolution was subsequently  sponsored by the United Arab Emirates in the Third Committee of the UN General Assembly on 15 November 2011 and subsequently by the General Assembly.
Introduced by United Arab Emirates on behalf of the Organization of the Islamic Conference (OIC) adopted by consensus without a vote – Resolution A/C.3/66/L.47, New York, 15 November 2011

                 UN Third Committee Press Release - Resolution L.47 Adopted by Consensus

                http://www.un.org/ga/search/view_doc.asp?symbol=A/C.3/66/L.47/Rev.1

Recognizes that the open public debate of ideas, as well as interfaith and intercultural dialogue at the local, national and international levels can be among the best protections against religious intolerance, and can play a positive role in strengthening democracy and combating religious hatred, and convinced that a continuing dialogue on these issues can help overcome existing misperceptions.
Calls for strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religions and beliefs, and decides to convene a panel discussion on this issue at its seventeenth session within existing resources.

The Resolution identified as A/RES/66/147 by the General Assembly welcomes the establishment of the “King Abdullah Bin Abdulaziz International Centre for Interreligious and Intercultural dialogue in Vienna, initiated by King Abdullah of Saudi Arabia on the  basis of purposes and principles enshrined in the Universal Declaration of Human Rights, and acknowledging the important role that this Centre is expected to play as a platform for the enhancement of interreligious and intercultural dialogue.” 


REPORT OF THE WORKING GROUP – RECOMMENDATIONS  RELATING TO FREEDOM OF RELIGION OR BELIEF

Inter-active Dialogue in Related Webcast Archives are more appropriate for the first review. #37, Comments on Sharia Law or Family Law based on Sharia and implementation of CEDAW, #56, USA “hoped to hear more in the future on the integration of the Shia in society, # 59, Bahrain’s response, “Islamic Sharia prohibits forced marriages, Bahrain has “two levels of legal reforms, 1, Amend procedures of Sharia courts, 2 Training of judges, lawyers and other jurists in the Ministry of Justice and Islamic Affairs.


REPORTS OF THE SPECIAL RAPPORTEUR ON FREEDOM OF RELIGION OR BELIEF

http://www.ohchr.org/EN/Issues/FreedomReligion/Pages/FreedomReligionIndex.aspx

The U.N. Special Rapporteur on Freedom of Religion or Belief has not made a Country Visit to Bahrain and there are no special Issues in Focus on Bahrain.


BACKGROUND HUMAN RIGHTS & FREEDOM OF 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.


SEPARATION OF RELIGION OR BELIEF AND STATE

Separation of Religion or Belief and State is a term used by The Tandem Project for core principles of international human rights law on freedom of religion or belief. UN Member States are encouraged to ensure their constitutional and legal systems provide effective guarantees of freedom of thought, conscience and religion or belief at international, national and local levels.

OBJECTIVES

The right of persons to manifest their own values, cultural identity and core principles based on religion or belief, together with human rights law, principles and values on freedom of religion or belief.

Build awareness, understanding and support at international, national and local levels for a UN Convention on Freedom of Religion or Belief as a legally-binding international human rights treaty. 

     UNIVERSAL PRINCIPLE 

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 Universal Declaration of Human Rights does not favor one religion or belief over another. Human Rights Law protects all individuals from discrimination based on religion or belief. It values the equal rights of majority and minority religions or beliefs, indigenous, traditional and new religious movements. It is a universal moral principle.

      HISTORY

In 1968 the United Nations deferred passage of a legally-binding convention on religious intolerance saying it was too complicated and sensitive. http://www.tandemproject.com/program/history.htm

In 1981 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. http://www.tandemproject.com/program/81_dec.htm.

In 1998 the Oslo Conference on Freedom of Religion or Belief was the catalyst a for change of title from Special Rapporteur on Religious Intolerance to Special Rapporteur on Freedom of Religion or Belief

1998 UN Conference Report

The Tandem Project believes until a core legally-binding human rights Convention on Freedom of Religion or Belief  is adopted international human rights law will be incomplete.


FOCUS GROUP ON FREEDOM OF RELIGION OR BELIEF

The Tandem Project proposes a Focus Group on Freedom of Religion or Belief initially in its home community, Minneapolis, MN, United States of America to exchange ideas and best practice models with the United Nations Alliance of Civilizations and King Abdullah International Centre for Interreligious and Intercultural Dialogue in Vienna and others to implement GA A/RES/66/147.

The motivation for the Focus Group on Freedom of Religion or Belief is the 1984 Geneva Seminar sponsored by the United Nations Secretariat on ways to implement the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief, and the follow-up 1986 Minneapolis International Conference on the 1981 UN Declaration.

1986 International Conference: Tolerance for Diversity of Religion or Belief

http://www.tandemproject.com/tolerance.pdf

Focus Groups - Human Rights & Freedom of Religion or Belief


FREEDOM OF RELIGION OR BELIEF

U.S. State Department 2010 International Religious Freedom Report, Bahrain

http://www.state.gov/g/drl/rls/irf/2010/148815.htm

Complete 2010 Report


The constitution states that Islam is the official religion and that Islamic law is a principal source for legislation. The constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion, freedom of conscience, the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings, in accordance with the customs observed in the country. However, the government placed some limitations on the exercise of these rights.

There was no change in the status of respect for religious freedom by the government during the reporting period. The government continued to exert a level of control and monitoring over both Shi'a and Sunni Muslims. International and local nongovernmental organizations (NGOs) asserted that Shi'a citizens, as a whole, faced discrimination as evidenced by lower socio-economic indicators than the Sunni minority.

Regional Sunni-Shi'a tensions and historical political divisions continued to affect intra-Muslim relations.

The U.S. government discusses religious freedom with the government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 231 square miles and a population of 1.05 million, of whom 51 percent are Bahraini nationals. The Bahraini population is 99 percent Muslim; Jews, Christians, Hindus, and Baha'is constitute the remaining 1 percent. Muslims belong to the Shi'a and Sunni branches of Islam, with Shi'a constituting between 60 and 70 percent of the citizen Muslim population.

Foreigners, mostly from South Asia and from other Arab countries, constitute an estimated 49 percent of the population. Approximately half of resident foreigners are non-Muslim, including Christians (primarily Roman Catholic, Protestant, Syrian Orthodox, and Mar Thoma from South India), Hindus, Baha'is, Buddhists, and Sikhs.

Much of the tension between Shi'a and Sunni Bahrainis stems from social and economic factors. Shi'a Muslims compose the majority of the low socio-economic status citizen population, and have a higher unemployment rate than Sunni Muslims, although many exceptions can be found, especially in several Shi'a merchant and scholarly families, and in older Sunni areas.

Section II. Status of Government Respect for Religious Freedom

Legal/Policy Framework

The constitution provides for freedom of religion; however, there were limits on this right.

The constitution imposes no restrictions on the right to choose, change, or practice one's religion of choice, including the study, discussion, and promulgation of those beliefs. The government generally observed these provisions. The constitution prohibits discrimination on the basis of religion or creed, including by private actors; however, there was no further law to prevent discrimination, nor was there a procedure to file a grievance.

The constitution states that Islam is the state religion, and Islamic law is a principal source for legislation. The civil and criminal legal systems consist of a complex mix of courts based on diverse legal sources, including both the Ja'afari (Shi'a) and Maliki (Sunni) schools of Islamic jurisprudence, tribal law, and other civil codes and regulations.

Shari'a (Islamic law) governs personal status, and a person's rights can vary according to Shi'a or Sunni interpretation, as determined by the individual's faith or by the courts. In May 2009 the government adopted the country's first personal status law which regulates family matters such as inheritance, child custody, marriage, and divorce. The law was only applicable to the Sunni population as Shi'a clerics and lawmakers opposed legislation that would have applied to the Ja'afari courts. The passage of this law institutionalized protections for women such as requiring consent for marriage and permitting a woman to include conditions in the marriage contract.

No civil laws specifically targeting blasphemy, apostasy, or proselytizing.

The government observes the following religious holidays as national holidays: the Birth of the Prophet Muhammad, Eid al-Fitr, Eid al-Adha, Islamic New Year, and Ashura.

The law prohibits anti-Islamic media, but it imposes no other restrictions on religious expression or speech. The law allows production and distribution for religious media and publications. The law does not prohibit, restrict, or punish the importation, possession, or distribution of religious literature, clothing, or symbols. The law does not impose a religious dress code.

Construction of places of worship required approvals from a number of national-level entities, as well as municipal entities. The government's budget for constructing mosques was split evenly between Shi'a and Sunni projects. In newer developments such as Hamad Town and Isa Town, which often have mixed Shi'a and Sunni populations, there tended to be a disproportionate number of Sunni mosques.

Islamic studies were a part of the curriculum in government schools and mandatory for all public school students. The Maliki school of Sunni jurisprudence formed the basis for the 17-year-old curriculum, which does not include the Ja'afari traditions of Shi'a Islam.

The government does not designate religion or sect on national identity documents. While the birth certificate application recorded the child's religion, it did not record the sect. The actual birth certificate does not include the child's religion.

Restrictions on Religious Freedom
The government generally respected religious freedom in practice; however, the government placed limits on this right. The government continued to exert a level of control and to monitor both Sunni and Shi'a Muslims. Members of other religious groups that practiced their faith privately did so without government interference and were permitted to maintain places of worship and display symbols of their religion.

Every Muslim religious group must obtain a license from the Ministry of Justice and Islamic Affairs (MOJIA) to operate. Non-Muslim religious groups must register with the Ministry of Social Development (MOSD) to operate. Religious groups may also need approvals from the Ministry of Education, the Ministry of Culture, the Information Authority, or the Ministry of Interior, depending on the nature of the group's intended activities. No religious groups submitted registration applications with the MOSD during the reporting period. Altogether, 13 non-Muslim religious groups were registered with the MOSD, including Christian churches and a Hindu temple. In May 2010 several Christian churches reported that the MOSD instructed them to reregister, although the MOSD did not provide a reason for its directive.

The government did not punish links with co-religionists in other countries, although some government officials expressed concern about Iran's influence on the Shi'a population.

Holding a religious meeting without a permit was illegal; however, during the reporting period there were no reports of the government denying religious groups a permit to gather.

There were credible reports that naturalization and citizenship processes often favored Sunni applicants over Shi'a applicants.

The government funded, monitored, and exercised control over official Muslim religious institutions, including Shi'a and Sunni mosques; religious community centers; Shi'a and Sunni religious endowments; and the religious courts, which represent both the Shi'a and Sunni affiliated schools of Islamic jurisprudence. The Supreme Council for Islamic Affairs reviewed and approved clerical appointments within both the Sunni and Shi'a communities. The government rarely interfered with what it considered legitimate religious observances. The government permitted public religious events, most notably the large, annual commemorative march by Shi'a Muslims during the Islamic months of Ramadan and Muharram.

The Supreme Council for Islamic Affairs maintained program oversight on all citizens studying religion abroad. The government monitored travel to Iran and scrutinized carefully those who chose to pursue religious study there.

Citizens of Sanad, a predominantly Shi'a town in the eastern part of the country, protested after police forces removed black flags and other religious symbols related to an important Shi'a commemoration ' from the town's streets. The protests were led by senior Shi'a clerics, politicians, and activists.

According to several non-Muslim religious groups, MOSD's restrictions on contact with "foreign" entities caused significant operational difficulties for some churches and other groups. These groups relied on guidance and funding from umbrella organizations based overseas for their operations. The groups reported that the MOSD often did not respond to their requests for permission to interact with their umbrella organizations.

Although there were exceptions, the Sunni Muslim citizen minority enjoyed favored status. Sunni citizens often received preference for employment in sensitive government positions, in the managerial ranks of the civil service, and in the military. Shi'a politicians and activists asserted that the government and certain business elites discriminated against Shi'a citizens in employment and promotions. Senior civil service recruitment and promotion processes often favored Sunni candidates. Educational, social, and municipal services in most Shi'a neighborhoods were inferior to those in Sunni communities.

Only a few Shi'a citizens held significant posts in the defense and internal security forces, although more were found in the enlisted ranks. The police force reported it did not record or consider religious belief when hiring employees, although Shi'a continued to assert that they were unable to obtain government positions, especially in the security services, because of their religious affiliation. Shi'a were employed in some branches of the police, such as the traffic police and the fledgling community police.

Shi'a were underrepresented in the Ministry of Education in both the leadership and the ranks of head teachers who teach Islamic studies and supervise and mentor other teachers. Although there were many Shi'a Islamic studies teachers, school authorities discouraged them from introducing content about Shi'a traditions and practices and instructed them to follow the curriculum.

Curriculum specialists in the Islamic Studies Department at the Ministry of Education's Curriculum Directorate were all Sunni. The curriculum directorate formed a separate committee of Shi'a teachers and clerics, along with members of the curriculum directorate, to develop the Islamic studies curriculum for the Ja'afari Institute, which is the only publicly funded institution in which teachers can legally discuss Shi'a beliefs and traditions. There were five registered Ja'afari Hawzas (Shi'a religious schools) and five registered Sunni religious schools.

According to a senior MOJIA official, there were 750 Shi'a mosques and 460 Sunni mosques, and the government's budget for constructing mosques is split evenly between Shi'a and Sunni projects. In newer developments such as Hamad Town and Isa Town, which often have mixed Shi'a and Sunni populations, there tended to be a disproportionate number of Sunni mosques.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion.

Improvements and Positive Developments in Respect for Religious Freedom

The MOJIA organized a series of conferences and seminars on interfaith dialogue, inviting clerics and scholars from Iran, Iraq, Lebanon, Saudi Arabia, and other Muslim and non-Muslim countries.

Section III. Status of Societal Respect for Religious Freedom

Regional Sunni-Shi'a tensions and historical political divisions continued to affect intra-Muslim relations.

Weekly rioting continued in several predominantly Shi'a villages. Shi'a youth routinely burned tires on roads and occasionally attacked police with Molotov cocktails. The rioting stemmed partly from some Shi'a communities' perception of unequal treatment by the government and partly a result of encouragement by some Shi'a radicals.

Some anti-Jewish political commentary and editorial cartoons appeared, usually linked to the Israeli-Palestinian conflict, without government response.

Section IV. U.S. Government Policy

The U.S. government discusses religious freedom with the government as part of its overall policy to promote human rights.

U.S. government officials continued to meet regularly with representatives of human rights NGOs to discuss matters of religious freedom among other human rights-related topics.

The U.S. government sponsored the visit of a prominent Sunni cleric, Sheikh Salah Al-Jowder, to the United States for a three-week interfaith dialogue program in several cities. Another sponsored visit consisted of a 10-day exchange program including two imams and a staff member from the MOJIA. This visit focused on promotion of religious freedom and protection of civil and religious rights in the United States; interfaith dialogue; and NGOs' role in interfaith dialogue, religious organization work, and social issues, among other topics. The embassy hosted a visiting American imam for a three-day program, during which he led prayers for over 500 worshipers, gave a presentation on interfaith issues to Sunni and Shi'a religious leaders, and spoke to youth on religious tolerance. The embassy's public affairs officer gave a presentation to 50 Bahrain University Model United Nations students about religious understanding and Muslim life in the United States.


REFLECTIONS

The Tandem Project

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 or neither trumps the other. 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 often legitimized for national security and justified by cultural, ethnic, religious or political 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 a 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 believes until a core legally-binding human rights Convention on Freedom of Religion or Belief  is adopted international human rights law will be incomplete. It may be time to begin to consider reinstating the 1968 Working Group to bring all matters relating to freedom of religion or belief under one banner, a core international human rights legally-binding treaty.


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: Can a Person who is Muslim Choose a Religion Other than Islam; Rights & Beliefs; Democracy's Collateral Damage; Assimilation's Failure, Terrorism's Rise