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1981 UNITED NATIONS DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF
Date:
COMMUNITY ASSESSMENT REPORT
TABLE OF CONTENTS
Everyone has duties to the community in which alone
the free -Article 29: Universal Declaration of Human Rights
FOREWORD The Tandem Project calls for dialogue in 2006, the 25 th anniversary year of the 1981 United Nations Declaration on Freedom of Religion or Belief, on the advantages of requesting the U.N. to consider a Working Group for a Convention on Freedom of Religion or Belief. The 1981 U.N. Declaration on Freedom of Religion or Belief is a valuable human rights instrument for reports and systematic data collection. Issues challenging this mandate may lead to consideration of a more complete legally-binding human rights treaty. The U.N. Working Group for a draft Convention on Freedom of Religion or Belief was deferred in 1967. United Nations International Covenants and Conventions, as legally-binding Human Rights Treaties, require Periodic State Party Reports, article-by-article, on progress to implement the human rights standards of a treaty. The Tandem Project uses the Eight Articles of the 1981 U.N. Declaration on Freedom of Religion or Belief, article-by-article, as a human rights mechanism to monitor and write Community Assessment Reports on freedom of religion or belief.
I. INTRODUCTION The Community Assessment Report on Human Rights and Freedom of Religion or Belief is presented as a form of an NGO Shadow Report. It is best to read this along with other reports on human rights and freedom of religion or belief such as the U.S. State Department Country Reports on Human Rights, U.S. State Department Country Reports on International Religious Freedom, and selected additional reports as from the European Union (EU), Office of Security and Cooperation in Europe (OSCE), other inter-governmental organizations in Asia, Africa, Americas and the rest of the world, national human rights institutes, national and local laws, human rights and religious non-governmental organizations. Describe the community and introduce the approach of the Assessment Report. [SUBMIT] [INDEX]
II. DEMOGRAPHIC PROFILE The Demographic Profile for the Community Assessment Report on Human Rights and Freedom of Religion or Belief includes: Population, Land Area, Languages, Economics, Governments, Religions or Beliefs. POPULATION: Describe the population of the community and ethnic characteristics. [SUBMIT] [INDEX] LAND AREA: Describe the physical characteristics of the community. [SUBMIT] [INDEX] LANGUAGES: Identify the languages and educational level of the population. [SUBMIT] [INDEX] ECONOMICS: Describe the economic activity in the area [SUBMIT] [INDEX] GOVERNMENT: Identify the type of government and name the political parties. [SUBMIT] [INDEX] RELIGION OR BELIEF: Name and describe the majority and minority religions or beliefs and a paragraph history of worship or assembly in the community. [SUBMIT] [INDEX]
III. THE 1981 U.N. DECLARATION ON THE ELIMINATION
OF ALL The Community Assessment Report on Human Rights and Freedom of Religion or Belief reviews the Eight Articles, including Paragraphs and Terms, of the 1981 U.N. Declaration on Freedom of Religion or Belief. The Articles, Paragraphs and Terms of the 1981 U.N. Declaration on Freedom of Religion or Belief are used article-by-article as international norms and standards to assess the progress of a Community to promote tolerance and prevent discrimination based on religion or belief. ARTICLE 1: Legal Definition Article 1 repeats Article 18 of the ICCPR which is a legally-binding definition under the International Covenant on Civil and Political Rights. Article 1 is the legal basis for the other seven articles of the 1981 U.N. Declaration on Freedom of Religion or Belief. Based on your research, write a short introduction of how Article 1 is and is not a foundation for freedom or religion or belief in your community. [SUBMIT] [INDEX] PARAGRAPH 1.1: Policy and Legal Framework Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or 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. Write the constitutional principle and/or legal framework of your country that refers to freedom of religion or belief. [SUBMIT] [INDEX] 1.1.1:Everyone shall have the right to freedom of thought, conscience and religion. Briefly describe what each of these terms mean in the 1981 Declaration and how they apply to your community. [SUBMIT] [INDEX] 1.1.2:This right shall include freedom to have a religion or belief of their choice. Describe what freedom to choose whatever belief means in the 1981 U.N Declaration. Are individuals in your community free to join or to leave a religion or belief of their choice? Explain. [SUBMIT] [INDEX] 1.1.3:This right shall include freedom individually, in community, in public or private. Are there any instances in your community where freedom to practice your religion or belief as an individual, in community, in private or public been denied? Explain. [SUBMIT] [INDEX] 1.1.4:It includes the right to manifest a religion or belief in worship, observance, practice and teaching. Explain what each term means within the cultural context of your community. [SUBMIT] [INDEX] PARAGRAPH 1.2: Coercion and Freedom to Choose No one shall be subject to coercion, which would impair their freedom to have a religion or belief of their choice. 1.2.1:Coercion Coercion can mean intellectual, moral or psychological compulsion as well as physical force. Explain your research on any incidents of coercion in your community. [SUBMIT] [INDEX] 1.2.2:Impairment Explain what impairs mean and describe any incidents in your community. [SUBMIT] [INDEX] 1.2.3:Choice Has choice been denied because of being impaired in your community? Explain. [SUBMIT] [INDEX] PARAGRAPH 1.3: Limitations on a Religion or Belief 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, morals, or the fundamental rights and freedoms of others. There are six ways in which the manifestation of a religion or belief can be limited by a State. Limitations must always be by law and for a specific purpose. Review the Topic Notes and General Comment on Article 18 for this term. Describe and write a one paragraph explanation of your research for each term. If applicable, relate specific incidents in your community where a term/s was used to limit a religion or belief. 1.3.1:Law [SUBMIT] [INDEX] 1.3.2:Public Safety [SUBMIT] [INDEX] 1.3.3:Order [SUBMIT] [INDEX] 1.3.4:Health [SUBMIT] [INDEX] 1.3.5:Morals [SUBMIT] [INDEX] 1.3.6: Fundamental Freedoms [SUBMIT] [INDEX] ARTICLE 2: Classifying Discrimination Article 2 explains who can be identified as committing acts of discrimination based on religion or belief and what the terms “intolerance” and “discrimination” means. Write a two paragraph introduction to the article based on your research for a community report. [SUBMIT] [INDEX] PARAGRAPH 2.1: Four Categories No one shall be subject to discrimination by any State, institution, groups of persons or person on grounds of religion or belief. Article 2 paragraph 1 describes four categories of State and non-state parties who discriminate or who allegedly are discriminated against on grounds of religion or belief. Case studies on discrimination will always include one or more of these categories. Explain what each category means with specific examples from your community for each category. [SUBMIT] [INDEX] 2.1.1:No one shall be subject to discrimination by any State. [SUBMIT] [INDEX] 2.1.2:No one shall be subject to discrimination by any Institution. [SUBMIT] [INDEX] 2.1.3:No one shall be subject to discrimination by any Groups of Persons. [SUBMIT] [INDEX] 2.1.4:No one shall be subject to discrimination by any Person. [SUBMIT] [INDEX] PARAGRAPH 2.2: Two Definitions For the purposes of the present Declaration, the expression “intolerance and discrimination based on religion or belief’ means any distinction, exclusion, restriction, or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis. 2.2.1:Intolerance Give an example of intolerance based on religion or belief in your community. [SUBMIT] [INDEX] 2.2.2:Discrimination Give an example of discrimination based on religion or belief in your community. [SUBMIT] [INDEX] ARTICLE 3: Link to Other Rights Article 3 links other human rights instruments to Article 18 and the 1981 U.N. Declaration. Write a brief introduction on a link to another human rights instrument for your community research. [SUBMIT] [INDEX] PARAGRAPH 3.1: Indivisibility of Human Rights Discrimination between human beings on grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations. 3.1.1: International Covenant on Civil and Political Rights Give two or three examples of ICCPR links you are using for your community report. [SUBMIT] [INDEX] 3.1.2:International Covenant on Economic, Social and Cultural Rights Give two or three examples of ICESCR links you are using for your community report. [SUBMIT] [INDEX] 3.1.3:Regional Human Rights Instruments Give two examples of links to regional instruments that apply to your country, such as the European Convention on the Protection of Human Rights and Fundamental Freedoms or the Organization of African States. Explain how they were used for your research. [SUBMIT] [INDEX] 3.1.4:Other Human Rights Instruments U.N. bodies such as the International Labor Organization (ILO), UNESCO or World Health Organization (WHO). Give examples from your research on alleged incidents in your community that violate human rights to employment, education or health. [SUBMIT] [INDEX] ARTICLE 4: Effective Measures Article 4 is the way in which the 1981 U.N. Declaration proposes solutions to alleged acts of intolerance and discrimination based on religion or belief. Write a two paragraph introduction based on your research for the article. [SUBMIT] [INDEX] PARAGRAPH 4.1: Fields of Civic Activity All States shall take effective measures to prevent and eliminate discrimination on grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life. Explain how your community promotes tolerance and prevents discrimination in each of these five fields of civic activity; civil, economic, political, social and cultural life. [SUBMIT] [INDEX] 4.1.1:Are there effective measures to prevent and eliminate discrimination on grounds of religion or belief in the field of civil life? Civil services including engineering and public works departments, zoning departments, police, military, anything in the public domain that serves the community. Summarize your research below on how you would use civil services as effective measures to reduce intolerance and discrimination based on religion or belief in the community. [SUBMIT] [INDEX] 4.1.2:Are there effective measures to prevent and eliminate discrimination on grounds of religion or belief in the field of economic life? Corporations, business associations, government employment departments, economic development departments, religions or beliefs, non-profit corporations, private employment agencies, self-employed persons. Summarize your research below on how you would resources as effective measures to reduce intolerance and discrimination based on religion or belief in the community. [SUBMIT] [INDEX] 4.1.3:Are there effective measures to prevent and eliminate discrimination on grounds of religion or belief in the field of political life? Political parties, mayor, village manager, city council, school boards, appointed commissions. Summarize below your research on how you would use political resources (other than legislation) as effective measures to reduce intolerance and discrimination based on religion or belief in the community. [SUBMIT] [INDEX] 4.1.4:Are there effective measures to prevent and eliminate discrimination on grounds of religion or belief in the field of social life? Departments and organizations in the social services such as; religious leadership, places of worship or association, government health departments, public, private and religious schools, housing programs, welfare departments, etc. Summarize your research on how you would use social resources as effective measures to reduce intolerance and discrimination based on religion or belief and in the community. [SUBMIT] [INDEX] 4.1.5:Are there effective measures to prevent and eliminate discrimination on grounds of religion or belief in the field of cultural life? Arts groups, ethnic dance groups, cultural organizations, government and non-governmental organizations that give expression through the arts, music, media and other aesthetic means. Summarize your research on how you would use cultural resources as effective solutions to intolerance and discrimination in the community. [SUBMIT] [INDEX] PARAGRAPH 4.2: Legislation and Regulations All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to make all appropriate measures to combat intolerance on grounds of religion or other beliefs in this matter. 4.2.1:Enact and rescind legislation and regulations where necessary. Explain the meaning of enacting and rescinding local laws, rules and regulations to prevent discrimination based on religion or belief in your community. Compile a list on a separate sheet of paper of the laws and regulations that should be rescinded or enacted and summarize below. [SUBMIT] [INDEX] 4.2.2:Make all appropriate measures to combat intolerance. Intolerance is a deadly form of bigotry. Legislative redress for grievances can only come from legally defined acts of discrimination. Explain how you would use specific community resources for proposed solutions to combat intolerance on grounds of religion or belief. [SUBMIT] [INDEX] ARTICLE 5: Parents, Children, State Introduce Article 5 as one paragraph broken into five sub-paragraphs to discuss the rights of parents, children and the state. [SUBMIT] [INDEX] PARAGRAPH 5.1: Rights of Three Parties Article 5 has one paragraph with five sub-paragraphs or terms. The language of the article is in italics for each of the terms and measures. It is done this way because of the sensitivity and importance of the article for all parties and the religions or beliefs in a community. Breaking the paragraph into terms and measures will make it easier to exchange information with other communities and cultures on this article. [SUBMIT] [INDEX] 5.1.1:The parents, or as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child shall be brought up. Explain what this means giving specific examples where this may be a problem in your community. If you are preparing a community case study of alleged discrimination, give specific examples of where parent rights have been violated. [SUBMIT] [INDEX] 5.1.2:Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle. Parents have the right to organize life within the family and to provide moral education for their children. Are there examples in your community when parental wishes conflict with their own religion or belief, the laws and regulations of your nation, or the rights of the child? Explain. [SUBMIT] [INDEX] 5.1.3:The child shall be protected from any form of discrimination on grounds of religion or belief. He/she shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his/her fellow men/women. Give examples of children’s need for protection based on grounds of religion or belief in your community. Summarize your research below with specific examples. [SUBMIT] [INDEX] 5.1.4:In the case of a child who is not under the care of either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle. Are there children not in the care of parents or legal guardians in your community? If so, explain how their interests in matters of religion or belief are protected. Give specific examples. Describe what “best interests of the child” means. [SUBMIT] [INDEX] 5.1.5:Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account Article 1, paragraph 3, of the present Declaration. Explain what this sub-paragraph means. Summarize your research by giving at least two specific examples in your community where children are protected by the State or need to be protected against a religion or belief. [SUBMIT] [INDEX] ARTICLE 6: Specific Freedoms Introduce Article 6 as identifying nine specific freedoms that are manifestations of the right to worship, observance, practice and teaching. [SUBMIT] [INDEX] PARAGRAPH 6.1: Nine Rights 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 freedoms: 6.1.1: To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes; Describe the right to assemble and to maintain places of worship. Have any of these rights been denied due to intolerance and discrimination based on religion or belief in your community? Explain [SUBMIT] [INDEX] 6.1.2:To establish and maintain appropriate charitable or humanitarian institutions; Describe the charitable and humanitarian institutions in your community. Have any of them been denied the right to establish or maintain themselves in your community? [SUBMIT] [INDEX] 6.1.3:To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief; Are there laws or regulations that prohibit the use of materials for rites and customs in your community? Explain and give specific examples [SUBMIT] [INDEX] 6.1.4:To write, issue and disseminate relevant publications in these areas; Are religions or beliefs been denied these rights in your community? Summarize your research with specific examples below. [SUBMIT] [INDEX] 6.1.5:To teach a religion or belief in places suitable for these purposes; Are there registration requirements, rules, regulations or zoning laws in your community that make it hard for a religion or belief to find a suitable place for teaching? Are there other restrictions on finding a suitable place to teach? Explain. [SUBMIT] [INDEX] 6.1.6:To solicit and receive voluntary financial and other contributions from individuals and institutions; Are financial contributions allowed from outside of your country to a religion or belief in your community? Are there any limits on these or other types of contributions? Explain with specific examples. [SUBMIT] [INDEX] 6.1.7:To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief; Are there any restrictions by the State for selecting leaders called for by a religion or belief in your community? Explain and summarize your research. [SUBMIT] [INDEX] 6.1.8:To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one’s religion or belief; Labor laws of a country may restrict days of rest, celebrations and holidays for religions or beliefs that have requirements different from the prevailing majority religion or belief. Summarize your research on religions or beliefs in your community. Are there exemptions for minority beliefs? Explain. [SUBMIT] [INDEX] 6.1.9:To establish and maintain communications with individuals and communities in matters of religion or belief at the national and international levels; Do majority religions or beliefs have special privileges for access to the media, radio and television in your community? What community rights and limitations are there to maintain communications for religion or belief? Explain. [SUBMIT] [INDEX] ARTICLE 7: National Legislation Introduce Article 7 as the national equivalent of Article 4 at the local level. [SUBMIT] [INDEX] PARAGRAPH 7.1: Enacted and Available in Practice These rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail themselves of such rights and freedoms in practice. 7.1.1:Set Forth in Legislation Summarize your Compilation of National and Community Laws and Regulations. Identify specific national laws or regulations that would benefit your community. [SUBMIT] [INDEX] 7.1.2:Available in Practice National laws and regulations may be on the books but not available in practice. Summarize what national laws may not be available in practice in your community. [SUBMIT] [INDEX] ARTICLE 8: Existing Protections Write an introduction to Article 6 that links it to all other international rights. [SUBMIT] [INDEX] PARAGRAPH 8.1: International Bill of Human Rights Nothing in the present Declaration shall be construed as restricting or derogating any right defined in the Universal Declaration of Human Rights and the International Covenants on Human Rights. 8.1.1:Non-restriction and Derogation Explain what the International Bill of Human Rights means and how it protects against the misuse of the present Declaration. [SUBMIT] [INDEX] 8.1.2:Conventions and Declarations Explain the protection other Conventions and Declarations provides. [SUBMIT] [INDEX] IV. GENERAL ASSESSMENT The Community Assessment Report on Human Rights and Freedom of Religion or Belief includes a General Assessment of the research, study and data on the Articles, Paragraphs and Terms of the 1981 U.N. Declaration on Freedom of Religion or Belief. The purpose of the General Assessment is to order, generalize, understand relationships, identify what is important from unimportant and propose a path to achieve the goal to promote tolerance and prevent discrimination based on religion or belief in a community or country. INTRODUCTION The method of introducing the Community Assessment Report is to bring together research on the parts of The 1981 UN Declaration in Section III in a clear and concise manner which will enable the reviewer to understand the relationships and show a path to achieving the goal of promoting tolerance and preventing discrimination based on religion or belief. Summarize your work in the community in preparation for a discussion of the basic issues and case studies which will follow. [SUBMIT] [INDEX] BASIC ISSUES Prioritizes and distinguishes what is important from unimportant in building tolerance and preventing discrimination in the community. Include three to five of the most important community issues that have surfaced during research for the report. They may include issues covered by the 1981 UN Declaration on Freedom of Religion or Belief such as a specific right in Article 6.1 or new topics such as registration or conversion that not covered by the Declaration but may be considered important agenda items for a Working Group to draft a complete legally-binding U.N. Convention on Freedom of Religion or Belief. Identify and prioritize basic issues in the community. Identify from three to five issues. Number and title each basic issue. [SUBMIT] [INDEX] CASE STUDIES The Eight Articles of the 1981 UN Declaration is a human rights paradigm on freedom of religion or belief to construct when, where, who, why and what happened in alleged incidents of discrimination. Cases may range from general acts of intolerance to specific incidents of discrimination for instance in housing, employment, health, building permits, zoning, education, etc. Case studies must include the linkage or nexus between the Eight Articles of the 1981 U.N. Declaration on Freedom of Religion or Belief and other Conventions and Declarations under the International Bill of Human Rights. Write three to five case studies in your community. Number and title each case study. [SUBMIT] [INDEX]
V. EFFECTIVE MEASURES United Nations Member States who are signatories to an International Human Rights Treaty are obligated in Periodic State Party Reports to include steps they will take to implement the human rights norms and standards of the treaty. The Community Assessment Report on Human Rights and Freedom of Religion or Belief achieves this objective by using Article 4: Effective Measures, of the 1981 U.N. Declaration on Freedom of Religion or Belief to propose new measures in the fields identified by Article 4 to promote tolerance and prevent discrimination based on religion or belief. 4.1:All States shall take effective measures to prevent and elimination discrimination on the grounds of religion or belief in the recognition and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.4.2: All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to make all appropriate measures to combat intolerance on grounds of religion or belief in this matter. Article 4: Effective Measures is used to exchange information, collect data and identify best practices to promote tolerance and prevent discrimination in a community. Proposed solutions may include expanding programs that are already working, proposing new programs, enacting or rescinding legislation where necessary. 4.1.1: Effective measures to prevent and eliminate discrimination on grounds of religion or belief in civil life. Civil in this context means programs and materials promoted by the government in the public domain such as the civil service, police department, civil engineers, etc. Identify proposed programs and materials in this sector to promote tolerance and prevent discrimination based on religion or belief. Number and title each proposed solution. [SUBMIT] [INDEX] 4.1.2: Effective measures to prevent and eliminate discrimination on grounds of religion or belief in economic life. Economic in this context means providing for the material needs of people by programs to ensuring fairness and equal economic opportunity in both the private and public sector, interfaith cooperation in promoting employment programs, etc. Identify proposed programs and materials in this sector to promote tolerance and prevent discrimination based on religion or belief. Number and title each proposed solution. [SUBMIT] [INDEX] 4.1.3: Effective measures to prevent and eliminate discrimination on grounds of religion or belief in political life. Political in this context is defined as full participation in the form and objectives of government and democracy. This includes freedom of political liberties such as voting, choosing public officials, ensuring a particular religion or belief does not disqualify a person from participation in political life, etc. Identify proposed programs and materials in this sector to promote tolerance and prevent discrimination based on religion or belief. Number and title each proposed solution. [SUBMIT] [INDEX] 4.1.4: Effective measures to prevent and eliminate discrimination on grounds of religion or belief in social life. Social in this context means religions or beliefs, nations, communities or groups that address or affect a common interest. This includes programs in all social areas such as housing, social services, education, health, etc. Identify proposed programs and materials in this sector to promote tolerance and prevent discrimination based on religion or belief. Number and title each proposed solution. [SUBMIT] [INDEX] 4.1.5: Effective measures to prevent and eliminate discrimination on grounds of religion or belief in cultural life. Cultural in this context is defined as the ideas, customs, skills and arts of a given group of people transferred, communicated or passed on from generation to generation. The goal in international programs such as UNESCO is to increase understanding and respect for peoples of all cultures, civilizations, values and ways of life with a view to promoting dialogue on religion or belief. Community programs to promote tolerance and prevent discrimination based on religion or belief may include all of the arts, music, dance, film, education exhibits and materials, etc. Number and title each proposed solution. [SUBMIT] [INDEX] 4.2.1: Effective measures to prevent and eliminate discrimination on grounds of religion or belief through legislation and regulations. Legislation in this context means all national, regional and local laws and regulations that to be either enacted or rescinded to promote tolerance and prevent discrimination based on religion or belief. Research for the Assessment Report in this sector may have included a Community Compendium of Laws and Regulations on Religion or Belief. From this compendium identify three or four major laws, regulations, programs or material that could be enacted or rescinded to promote tolerance and prevent discrimination based on religion or belief. Number and title each proposed solution. [SUBMIT] [INDEX] |
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