Introduction

The method of study is to learn how to monitor each of the eight articles of the 1981 U.N. Declaration by breaking them down into their basic component parts. The 1981 U.N. Declaration has eight articles, twenty-four paragraphs and what this manual describes as forty-eight components called terms and measures. Each term is studied individually and then holistically in relation to the other terms. Breaking the 1981 U.N. Declaration down in this way allows one to understand the relationship of each component part to the overall concept of the 1981 U.N. Declaration as a paradigm to promote tolerance and prevent discrimination based on religion or belief. It actualizes Samuel Huntington’s description of a concept paradigm as allowing a person to order, generalize, understand relationships, distinguish what is important from unimportant and propose a path for action solutions.

Objectives

To learn to monitor each article of the 1981 U.N. Declaration as a paradigm to promote tolerance and prevent discrimination based on religion or belief in a community.

• Article
• Paragraph
• Term
• Paradigm

A French philosopher, Rene Descartes (1596-1650), invented Analytic Geometry. He applied his geometrical method to the study of philosophy. “In his Discourse on Method (1637) Descartes recommended an approach to all problems something like that which he utilized in the Meditations. One is to break a complex problem down into its simplest parts, arrange the parts in an appropriate order from simple to complex, begin at the beginning, demonstrating each point, and continuing to the end. Ideas are also broken down into their clear and distinct natures The solution to problems has to do with the rearranging of these ideas.” 8 This is a method used to monitor freedom of religion or belief. It breaks down the problem of intolerance and discrimination into its simplest parts, rearranges them in the 1981 U.N. Declaration and uses it as a paradigm to promote tolerance and prevent discrimination based on religion or belief in a community.

U.N. Report by the Special Rapporteur on Freedom of Religion or Belief

The example below is an excerpt from a U.N. report on Afghanistan. In this Part I: Introductory Course, it serves as an example of how to analyze an article, paragraph and term of the 1981 U.N. Declaration. The report was written for the U.N. Commission on Human Rights in February, 2000. It is public information. The U.N. reports always use disclaimers, “reportedly” or “alleged,” to protect the parties involved against reporting when an incident cannot be totally substantiated. The articles, paragraphs and terms are all identified by digital numbers for a simulated database. Article 1: paragraph 1.2: Term 1.2.1, are used to demonstrate the method analyzing an article, paragraph and its basic components.

“Because of the climate of intolerance and religious discrimination in Afghanistan resulting from the Taliban policy, religious minorities, in particular the Sikhs, are beginning to flee the country. These departures are reportedly due to Taliban measures to force conversion to Islam or to place restrictions on women, such as confining them to their homes or requiring them to wear the burqa in public.” --U.N. February, 2000. 9

 ARTICLE 1

1. 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 their choice and freedom either individually or in community with others, and in private or public to manifest their religion or belief in worship, observance, practice and teaching.

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

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 the public safety, order, health, morals or the fundamental rights and freedoms of others.

1. Article 1

Article 1: Legal Definition. Article 1 of the 1981 U.N. Declaration closely resembles Article 18 of the International Covenant on Civil and Political Rights (ICCPR). For Member States who are signatories to the ICCPR it is a binding legal treaty. In 1993, the U.N. Human Rights Committee (HRC) adopted a General Comment on Article 18, as a guide for Member States on international freedom of religion or belief. Turn to the General Comment in the Supporting Documents. Read paragraphs 1-4 for a general introduction to Article 18. Answer the questions on the Afghanistan example in the topic notes for this subject.

2. Paragraph 1.2:

There are 12 paragraphs within the 8 articles of the 1981 U.N. Declaration. Each paragraph has a title identifying its intent. The manual has 12 study topics, one for each paragraph. Turn to the 1981 U.N. Declaration in the Supporting Documents and read article 1, paragraph 2. There are three terms in the paragraph; coercion, impairment and choice. To understand the methodology we have selected “coercion” as the example.

• Study Exercise: Paragraph: 1.2. Coercion and Freedom to Choose: For an overview of the paragraph turn to paragraph 5 of the General Comment on Article 18 in Part IV: Supporting Documents. The study topic in Part II for this paragraph includes independent research on legal provisions in your country and community, interviews with persons on their understanding of the paragraph and application to community case studies. For now, answer the questions on the Afghanistan example on Analysis Worksheet: 3 for this subject.

3. Term: 1.2.1:

The third step is to break a paragraph into terms and measures for study, dialogue and exchange of information. This manual has identified 48 terms and measures. A term can be one word, a combination of words or a complete phrase. Some are more important to understanding the 1981 U.N. Declaration as an overall paradigm than others. Turn to the List of Terms and Measures in the Supporting Documents and briefly review them. Locate the term coercion in Article 1 paragraph 2 and turn back to this section.

• Study Exercise: Term: 1.2.1. Coercion. Return to paragraph 5 of the General Comment on Article 18. The Comment maintains the term “coercion” categorically prohibits any action of coercion likely to violate the freedom to have or adopt a religion or belief. It prohibits the use of physical force or penal sanctions to recant a religion or belief or to force conversion to another belief. This includes restricting access to education, medical care, employment and other rights which would impair freedom to have a religion or belief. Answer the analysis form questions on the Afghanistan example for this subject to get an understanding of the concepts and methodology used in this manual.

4. 1981 U.N. Declaration as a Paradigm

The purpose of the 1981 U.N. Declaration is to use it as a guideline to eliminate all forms of intolerance and discrimination based on religion or belief. In Samuel P. Huntington’s description, the 1981 U.N. Declaration enables us “to order, generalize, understand relationships, distinguish what is important from unimportant, anticipate and at times predict developments, and show us a path to achieve a goal.” The task is to understand how the relationship of each term fits the overall paradigm solution to promote tolerance and prevent discrimination based on religion or belief in a community.

For instance, if coercion was used who allegedly did the discrimination and against whom? (Article 2), what rights did the use of coercion violate? (Articles 5 and 6), what can be done about it? (Article 4, Article 7). Turn back to the previous study topic Model: 1981 U.N. Declaration and the metaphor picture of a house with the eight articles of the 1981 U.N. Declaration. What further information would you need to know in the Afghanistan example to propose a solution using the 1981 U.N. Declaration as a paradigm? Briefly describe what is missing in each of the articles in order to complete the Afghanistan example as a case study.

Article 1:

Article 2:

Article 3:

Article 4:

Article 5:

Article6:

Article 7:

Article 8:

TOPIC NOTES

METHOD: MONITORING THE ARTICLES

1. Article 1: Legal Definition

The Taliban (Islamic students party) in Afghanistan during the period of the 2000 U.N. report did not have a national constitution incorporating principles on freedom of religion or belief. From this U.N. report and after reading paragraphs 1-4 of the General Comment on Article 18, what ICCPR treaty constitutional principles and legal framework in Article 1 on freedom of religion or belief for the 1981 U.N. Declaration did they violate?

2. Paragraph: 1.2: Coercion and Freedom to Choose

From this U.N. report and after reading paragraph 5 of the General Comment on Article 18, what principle did the Taliban allegedly violate against the Sikhs?

3. Term: 1.2.1: Coercion

The Taliban’s interpretation of Islam confined women in their homes, presumably by force according to the alleged report. What further information would you need to propose a solution using the 1981 U.N. Declaration as a paradigm? Explain below.

8 W.L. Reese, Dictionary of Philosophy and Religion: Eastern and Western Thought, New Jersey Humanities Press (1980) p. 126 back

9 A report by A. Amor, (A/55/280) 55 th Session of the U.N. General Assembly, p.4 back