sábado, 16 de novembro de 2013

Article 18: An Orphaned Right - A Report by the APPG on International Religious Freedom


About the APPG on International Religious Freedom

The All-Party Parliamentary Group (APPG) on International Religious Freedom was established in July 2012 with the following purpose: “To raise awareness and profile of international religious freedom as a human right amongst parliamentarians, media, government and the general public in the UK; and to increase effectiveness and awareness of the UK’s contribution to international institutions charged with enforcing this human right.”

THE REPORT - EXECUTIVE SUMMARY
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance Article 18 of the Universal Declaration of Human Rights

Centrality of Article 18
Article 18 UDHR remains the benchmark against which the enjoyment of the freedom of religion or belief should be measured. Although there is also a considerable range of normative and institutional activity focussing on freedom of religion or belief, as well as unilateral and multilateral state initiatives which parallel or supplement this activity, the primary contention of this report is that when considered against the standard set by Article 18, freedom of religion or belief is not currently being protected internationally as it ought.

No treaty
Unlike many other human rights, there is as yet no focussed United Nations (UN) Convention directly addressing the subject of freedom of religion or belief. In consequence, freedom of religion or belief has for many years been something of a “residual” right, only protected to the extent that it does not stand in the way of achieving some other goal or ambition. While the UN Vienna Declaration of 1993 asserts that all human rights are universal, indivisible, interdependent and inter-related, in practice within the family of human rights this freedom remains on the margins. It is in this respect an orphaned right, and the purpose of this report is to commence a process of reuniting this right with its family.

What Article 18 promises
Article 18 states that freedom of religion or belief is a fundamental right which may not be derogated from, even in times of public emergency. It protects traditional, non-traditional and new religious beliefs and practices, as well as numerous beliefs not associated with divine or transcendent powers, or not of a religious nature. Everyone has the freedom to manifest their religion or belief, either alone or together with others, publicly or privately. Nobody is to be subject to coercion that would impair the individual’s freedom to have or adopt a religion or belief of their choice, nor is discrimination on the grounds of religion or belief permissible.

The reality
However, as this report explains, almost 75% of the world’s population live in countries with high levels of government restrictions on freedom of religion or belief, or where they face high-level hostility due to their religious affiliations, and this figure is rising. Across the globe there is widespread denial of freedom of worship, and of freedom to teach, promote and publicly express one’s religion or belief.

This report instances examples of state intimidation, discrimination and violence towards people on account of their religion or belief, as well as situations where states do not offer adequate protection from persecution by non-state actors. This is not limited to any one region, or any one form of religion. Through evidence submissions and other means, the group is aware of a deeply troubling scale of violation of freedom of religion or belief worldwide. This catalogue of abuse covers Shia Muslims in Bahrain, Baha’is and Zoroastrians in Iran, Christians across large swathes of the Middle East, Sufi muslims from the Sunni tradition in Somalia, atheists in Indonesia, Falun Gong practitioners in China, Buddhists in Tibet, Jewish people in Europe and Hindus in Pakistan — truly a global concern that affects the full range of religious and non-religious belief.

Defamation of religions
While the UN has declared that everyone has the right to freedom of religion or belief, it has done relatively little to make this a reality. Much of the work at the UN is focussed on a very different question, the so-called “defamation of religions” debate, which focuses on protecting religions — not believers — from criticism, and becomes a means of restricting rights and freedoms, rather than safeguarding them. The firm position of this report is that the focus of the UN ought to be less on when it might be appropriate to restrain rights in the name of religion, and more on encouraging and supporting international action to champion the freedom of religion or belief for all. At the same time as pursuing this goal, it is necessary to identify effective UK policy and action, and this report makes a number of recommendations in this regard.

Response of the FCO
In the Foreign and Commonwealth Office’s (FCO) report Human Rights and Democracy 2012, freedom of religion or belief is described as “one of the Government’s key human rights priorities”, and it outlines a strategy for promoting this freedom. The recognition that it is not only the promotion but also the protection of freedom of religion or belief that is a key priority is to be greatly welcomed — but what is now needed is further effective action. This report seeks to identify a number of practical strategies that can be adopted.

This report goes on to outline five overarching prerequisites for the construction and implementation of any successful policy on international freedom of religion or belief:

- Clear commitment from across the domestic political spectrum, based on the recognition of the central significance of the freedom of religion or belief as an essential freedom for all

- Broad-based consultation across the spectrum of religion and belief

- International action that is reflective of, and grounded in, a full respect for freedom of religion and belief in domestic policy

- International action that is focused on freedom for all people, irrespective of the nature of their religion or belief

- Grounding for all action in freedom of religion or belief as set out in the UDHR Article 18, which includes freedom for everyone to adhere to a religion or belief of their choice, including the right not to have, or to be associated with, a religion or belief, the right to change religion or belief and the right to manifest religion or belief in accordance with the Universal Declaration and as subsequently developed under international law, in a manner that is respectful of the human rights of other individuals

Against that background, this report makes a number of detailed recommendations, but has identified the following as a matter of priority:

Recommendation One
We ask that the British Government consider the appointment of an Ambassadorial-level focal point on freedom of religion or belief, to spearhead the implementation of mainstreaming, country and thematic work within the FCO and across relevant departments, and to assist the FCO in projection and implementation of its strategies.

Recommendation Two
We call on the British Government to become a state party to the First Optional Protocol of the CPPR. This would allow individuals in the UK to raise questions about potential violations of their rights directly with the UN Human Rights Committee (HRC), and in addition show leadership to encourage other states to follow suit.

Recommendation Three
We ask the Foreign Secretary to establish a sub-group of the Human Rights Advisory Group to focus on freedom of religion and belief.

Recommendation Four
We call on the FCO to undertake a baseline evaluation of the extent, quality and impact of mainstreaming issues concerning freedom of religion or belief into the work of the office, and undertake further evaluations at fixed intervals to determine progress.

Recommendation Five
We call on the Department for International Development (DfID) to ensure that where aid is provided or contracts are awarded overseas, it is channelled to civil-society organisations and government programmes that can demonstrate a sophisticated understanding of freedom of religion or belief, and can show how their work will have a positive rather than negative impact in this area.

Recommendation Six
We ask the FCO to consider revising the Human Rights and Democracy Programme (HRDP) to enable support of longer-term projects than the one-year cycle currently permits.

Recommendation Seven
We ask the British Government to make representations to the UN to ensure that there is sufficient funding to support a paid, full-time Special Rapporteur on Freedom of Religion or Belief and resource their office.

Recommendation Eight
We call on DfID to identify freedom of religion or belief as a new priority in its work.

Recommendation Nine
We ask the British Government to make representations to the UN nations to ensure that the Rabat Plan of Action is woven into continued engagement with HRC Resolution 16/18 and the Istanbul Process, making sure that the international focus remains the duties of states to protect the freedom of religion or belief of those subject to its jurisdiction, rather than deviating from the rights laid down in Article 18 to address issues around “incitement to religious hatred”.

Recommendation Ten
We urge the FCO to convene an expert group to scope the issues involved in initiating a process to consider a convention on freedom of religion or belief at the international level.

To read the full report , click here.

Source: anorphanedright.net/




terça-feira, 12 de novembro de 2013

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

A/RES/47/135                92nd plenary meeting                     18 December 1992

 47/135.  Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

 The General Assembly,

      Reaffirming that one of the main purposes of the United Nations, as proclaimed in the Charter of the United Nations, is to achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion,

      Noting the importance of the even more effective implementation of international human rights instruments with regard to the rights of persons belonging to national or ethnic, religious and linguistic minorities,

      Welcoming the increased attention given by human rights treaty bodies to the non-discrimination and protection of minorities,

      Aware of the provisions of article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious or linguistic minorities,

      Considering that the United Nations has an increasingly important role to play regarding the protection of minorities,

      Bearing in mind the work done so far within the United Nations system, in particular through the relevant mechanisms of the Commission on Human Rights and the Subcommission on Prevention of Discrimination and Protection of Minorities, in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities,

      Recognizing the important achievements in this regard in regional, subregional and bilateral frameworks, which can provide a useful source of inspiration for future United Nations activities,

      Stressing the need to ensure for all, without discrimination of any kind, full enjoyment and exercise of human rights and fundamental freedoms, and emphasizing the importance of the draft Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities in that regard,

      Recalling its resolution 46/115 of 17 December 1991 and taking note of Commission on Human Rights resolution 1992/16 of 21 February 1992, by which the Commission approved the text of the draft declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities, and Economic and Social Council resolution 1992/4 of 20 July 1992, in which the Council recommended it to the General Assembly for adoption and further action,

      Having considered the note by the Secretary-General,

      1.    Adopts the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the text of which is annexed to the present resolution;

      2.    Requests the Secretary-General to ensure the distribution of the Declaration as widely as possible and to include the text of the Declaration in the next edition of Human Rights:  A Compilation of International Instruments;

      3.    Invites United Nations agencies and organizations and intergovernmental and non-governmental organizations to intensify their efforts with a view to disseminating information on the Declaration and to promoting understanding thereof;

      4.    Invites the relevant organs and bodies of the United Nations, including treaty bodies, as well as representatives of the Commission on Human Rights and the Subcommission on Prevention of Discrimination and Protection of Minorities, to give due regard to the Declaration within their mandates;

      5.    Requests the Secretary-General to consider appropriate ways for the effective promotion of the Declaration and to make proposals thereon;

      6.    Also requests the Secretary-General to report to the General Assembly at its forty-eighth session on the implementation of the present resolution under the item entitled "Human rights questions".


                                     ANNEX

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

The General Assembly,

      Reaffirming that one of the basic aims of the United Nations, as proclaimed in the Charter, is to promote and encourage respect for human rights and for fundamental freedoms for all, without distinction as to race, sex, language or religion,

      Reaffirming faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,

      Desiring to promote the realization of the principles contained in the Charter, the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, and the Convention on the Rights of the Child, as well as other relevant international instruments that have been adopted at the universal or regional level and those concluded between individual States Members of the United Nations,

      Inspired by the provisions of article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious or linguistic minorities,

      Considering that the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of States in which they live,

      Emphasizing that the constant promotion and realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities, as an integral part of the development of society as a whole and within a democratic framework based on the rule of law, would contribute to the strengthening of friendship and cooperation among peoples and States,

      Considering that the United Nations has an important role to play regarding the protection of minorities,

      Bearing in mind the work done so far within the United Nations system, in particular by the Commission on Human Rights, the Subcommission on Prevention of Discrimination and Protection of Minorities and the bodies established pursuant to the International Covenants on Human Rights and other relevant international human rights instruments in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities,

      Taking into account the important work which is done by intergovernmental and non-governmental organizations in protecting minorities and in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities,

      Recognizing the need to ensure even more effective implementation of international human rights instruments with regard to the rights of persons belonging to national or ethnic, religious and linguistic minorities,

      Proclaims this Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities:

                                   Article 1

1.    States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.

2.    States shall adopt appropriate legislative and other measures to achieve those ends.

                                   Article 2

1.    Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.

2.    Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life.
 
3.    Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.

4.    Persons belonging to minorities have the right to establish and maintain their own associations.

5.    Persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.

                                   Article 3

1.    Persons belonging to minorities may exercise their rights, including those set forth in the present Declaration, individually as well as in community with other members of their group, without any discrimination.

2.    No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or non-exercise of the rights set forth in the present Declaration.

                                   Article 4

1.    States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law.

2.    States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards.

3.    States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.

4.    States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole.

5.    States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country.

                                   Article 5

1.    National policies and programmes shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities.

2.    Programmes of cooperation and assistance among States should be planned and implemented with due regard for the legitimate interests of persons belonging to minorities.

                                   Article 6

      States should cooperate on questions relating to persons belonging to minorities, inter alia, exchanging information and experiences, in order to promote mutual understanding and confidence.

                                   Article 7

      States should cooperate in order to promote respect for the rights set forth in the present Declaration.

                                   Article 8

1.    Nothing in the present Declaration shall prevent the fulfilment of international obligations of States in relation to persons belonging to minorities.  In particular, States shall fulfil in good faith the obligations and commitments they have assumed under international treaties and agreements to which they are parties.

2.    The exercise of the rights set forth in the present Declaration shall not prejudice the enjoyment by all persons of universally recognized human rights and fundamental freedoms.

3.    Measures taken by States to ensure the effective enjoyment of the rights set forth in the present Declaration shall not prima facie be considered contrary to the principle of equality contained in the Universal Declaration of Human Rights.

4.    Nothing in the present Declaration may be construed as permitting any activity contrary to the purposes and principles of the United Nations, including sovereign equality, territorial integrity and political independence of States.

                                   Article 9

      The specialized agencies and other organizations of the United Nations system shall contribute to the full realization of the rights and principles set forth in the present Declaration, within their respective fields of competence.



Sixth Session of the UN Forum on Minority Issues: "Beyond freedom of religion or belief: Guaranteeing the rights of religious minorities"

United Nations Forum on Minority Issues

Pursuant to Human Rights Council resolution 6/15 of 28 September 2007 renewed by resolution 19/23 of 23 March 2012, a forum on minority issues has been established to provide a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities, as well as thematic contributions and expertise to the work of the independent expert on minority issues. The Forum shall identify and analyze best practices, challenges, opportunities and initiatives for the further implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.

The Forum meets annually for two working days allocated to thematic discussions. The independent expert on minority issues shall guide the work of the Forum, prepare its annual meetings and report on the thematic recommendations of the Forum to the Human Rights Council.

The same resolution has requested the President of the Human Rights Council to appoint for each session, on the basis of regional rotation, and in consultation with regional groups, a chairperson of the Forum among experts on minority issues.

This year, the Sixth Session of the UN Forum on Minority Issues will address the problems faced by religious minorities.

Theme: "Beyond freedom of religion or belief: Guaranteeing the rights of religious minorities".

Dates: 26 and 27 November 2013

Venue: Room XX of the Palais des Nations, Geneva, Switzerland.




Nueva Declaración del CALIR. Ataque a templo metodista.

CONSEJO ARGENTINO PARA LA LIBERTAD RELIGIOSA (CALIR)

DECLARACIÓN

El Consejo Argentino para la Libertad Religiosa (CALIR) expresa su profundo pesar e indignación por el atentado ocurrido la noche del pasado sábado 9 de noviembre contra el histórico templo de la Primera Iglesia Metodista en la Ciudad de Buenos Aires.

Personas que aún no fueron identificadas forzaron la entrada y perpetraron actos de vandalismo con claro significado antirreligioso: removieron la cruz del altar colocándola invertida, pusieron explosivos de utilería junto a la instalación eléctrica y rompieron vidrieras con publicaciones religiosas. Junto con esas acciones de alto contenido simbólico los autores del hecho produjeron daños materiales, el más importante de ellos contra el histórico órgano de 1880, que había sido recientemente restaurado gracias al esfuerzo de la comunidad.

Ante esta nueva manifestación de odio antirreligioso, el CALIR considera necesario alertar a las autoridades y a la comunidad recordando que en las últimas semanas se registraron hechos similares contra templos de esta misma y de otras confesiones.

La sucesión de hechos tan deleznables debería ser enfocada como síntoma incipiente de descomposición de un valor constitutivo de nuestra identidad nacional: el respeto absoluto de la libertad religiosa. Siendo tanto lo que el país puede perder, es imprescindible que el Estado y las organizaciones de la sociedad civil se pongan en acción inmediatamente para transmitir a las nuevas generaciones las virtudes cívicas que forjaron la Nación sobre la base del respeto recíproco de las convicciones y creencias.

Exhortamos también a las autoridades a realizar una pronta y eficaz investigación para la identificación de los responsables de éste y de los anteriores hechos vandálicos cometidos contra templos y lugares de culto –aún impunes–, y a otorgar a ellos la protección de hecho y de derecho que merecen.

Buenos Aires, noviembre 12 de 2013.-


Ricardo Docampo                                  Octavio Lo Prete
Secretario                                              Presidente





terça-feira, 15 de outubro de 2013

Certificados do 1º Encontro de Pesquisa sobre Direito e Religião


Prezados participantes e colaboradores,

Os certificados do 1º Encontro de Pesquisa sobre Direito e Religião (2013) já estão disponíveis. Para a obtenção dos mesmos, clique aqui.

Agradecemos a participação!

A equipe organizadora.