Recommendation 1831 (2008) - European Muslim communities confronted with extremism

Author(s): Parliamentary Assembly - Council of Europe

Origin: Assembly debate on 15 April 2008 (13th Sitting) (see Doc. 11540, report of the Political Affairs Committee, rapporteur: Mr João Bosco Mota Amaral; Doc. 11575, opinion of the Committee on Migration, Refugees and Population, rapporteur: Mr Hakki Keskin; Doc. 11570, opinion of the Committee on Culture, Science and Education, rapporteur: Mr Mehmet Tekelioğlu; and Doc. 11569, opinion of the Committee on Equal Opportunities for Women and Men, rapporteur: Mrs Gisela Wurm). Text adopted by the Assembly on 15 April 2008 (13th Sitting).

Eurovoc: RELIGIOUS DISCRIMINATION, RELIGION, EXTREMISM, MUSLIM.

1.    Referring to its Resolution 1605 (2008) on European Muslim communities confronted with extremism, the Parliamentary Assembly expresses its support to Council of Europe activities in the field of intercultural dialogue and its religious dimension, which make a remarkable contribution to the mutual understanding and peaceful coexistence of different groups in European societies. In this regard, the Assembly welcomes the forthcoming publication of a Council of Europe white paper on intercultural dialogue.

2.    In addition, being aware of the global dimension of the issues at stake, the Assembly welcomes the recent letter of intent concerning the co-operation between the Council of Europe and the United Nations Alliance of Civilizations, and encourages further co-operation and the organisation of joint initiatives.

3.    Furthermore, the Assembly recalls the activities of the European Commission against Racism and Intolerance (ECRI), and in particular its General Policy Recommendation No. 5 on combating intolerance and discrimination against Muslims (2000).

4.    In light of these considerations, the Assembly recommends the Committee of Ministers to:

4.1.    consider the activities in the field of intercultural dialogue and its religious dimension as a priority, and allocate appropriate resources for them so as to ensure that they are properly carried out and publicised;
4.2.    support and allocate appropriate resources for activities in the field of integration of immigrants and persons with an immigrant background, including specific activities for encouraging integration and tolerance among young people;
4.3.    further to the letter of intent signed by the Secretary General of the Council of Europe and the High Representative for the Alliance of Civilizations, support the conclusion of a memorandum of understanding between the Council of Europe and the Alliance of Civilizations;
4.4.    increase co-operation in the field of intercultural and inter-religious dialogue with the United Nations and its specialised agencies, the European Union, and in particular the institutions of the Barcelona Process, the Organization for Security and Co-operation in Europe (OSCE) and the Organisation of the Islamic Conference;
4.5.    invite ECRI and the Council of Europe Commissioner for Human Rights to conduct specific research on the situation of Muslim communities in Europe, including examples of good practice of co-operation between Muslim organisations and the authorities in combating extremism both within Muslim communities and originating from Muslim communities.

Resolution 1605 (2008) - European Muslim communities confronted with extremism

Author(s): Parliamentary Assembly - Council of Europe

Origin: Assembly debate on 15 April 2008 (13th Sitting) (see Doc. 11540, report of the Political Affairs Committee, rapporteur: Mr João Bosco Mota Amaral; Doc. 11575, opinion of the Committee on Migration, Refugees and Population, rapporteur: Mr Hakki Keskin; Doc. 11570, opinion of the Committee on Culture, Science and Education, rapporteur: Mr Mehmet Tekelioglu; and Doc. 11569, opinion of the Committee on Equal Opportunities for Women and Men, rapporteur: Mrs Gisela Wurm). Text adopted by the Assembly on 15 April 2008 (13th Sitting).

Eurovoc: RELIGIOUS DISCRIMINATION, RELIGION, EXTREMISM, MUSLIM.

1.    The attacks in Paris in 1995, New York in 2001, the subsequent spate of bombings which hit Madrid and Istanbul in 2003 and London in 2005, and the foiling of many other terrorist plots on European soil have shown the extent and gravity of the threat of terrorism from people who invoke Islamic fundamentalism as a source of inspiration. In addition to the shock caused by the attacks, it has been disconcerting for many to realise that some young Muslims who were born and brought up in Europe had been involved in their organisation and execution.

2.    The Parliamentary Assembly warns against any confusion between Islam as a faith and Islamic fundamentalism as an ideology. Islam is the second religion in Europe and a constituent component of European societies. In some Council of Europe member states, it is traditionally the religion professed by the majority of the population; in others, it is the religion of the majority of immigrants and of citizens with an immigrant background, who represent a growing proportion of the population. On the other hand, Islamic fundamentalism is an extremist ideology with a political agenda, which promotes a model of society which is not compatible with human rights values and standards of democracy, and which, in its worst form, calls for the use of violence to achieve its aims.

3.    It is regrettable but undeniable that, at the moment, Islamic fundamentalism as an ideology has proved to have a power of attraction for some individuals. European governments and European Muslim communities should work in close collaboration and synergy to neutralise this power of attraction and prevent it from escalating into terrorism.

4.    The Assembly congratulates those Muslim leaders, opinion-makers and organisations who have firmly and unequivocally condemned terrorism inspired by Islamic fundamentalism as well as other extremist manifestations, such as the hate speech employed by some official or self-appointed imams or other Muslim personalities. Similarly, the Assembly commends the efforts of Muslim organisations to highlight the compatibility between Islam as a religion and democratic and human rights values, as well as their work with groups that are more at risk of radicalisation, such as young people and prison detainees.

5.    In parallel to these efforts, European governments bear a special responsibility to address the root causes which create a fertile ground for extremism, such as poverty, discrimination and social exclusion; to ensure full respect for the freedoms of thought, speech and religion, as laid down in the European Convention on Human Rights (ETS No. 5); and to contribute to a climate in which all religious faiths, or the absence of any faith, are equally respected. In this regard, Council of Europe member states should continue to be vigilant in their work to prevent and combat the phenomenon of Islamophobia.

6.    Moreover, Council of Europe member states should take a range of positive steps to enable immigrants and citizens of immigrant descent, including Muslim communities, to integrate into society through non-discriminatory access to employment, education, vocational training, housing and public services. The engagement and active participation of immigrants and people with an immigrant background in society also need encouragement and support from the whole of society, which must do more to accommodate diversity and remove barriers to integration.

7.    Likewise, as already recommended by the Assembly, European governments, in their aim of creating a citizenship of inclusiveness and participation, should remedy the current limited capacity of immigrants and citizens from an immigrant background to play an active role in public and political life. In the long term, this state of affairs, which is due both to legislative and social constraints, cannot but reinforce the grievances and sense of injustice of a part of the population.

8.    The Assembly welcomes the initiative taken by the governments of two member states – Spain and Turkey – to create the United Nations Alliance of Civilizations and its endorsement by the United Nations Secretary-General, who has designated former Portuguese President Jorge Sampaio as its High Representative. The Assembly also expresses support for the activities so far undertaken in this context.

9.    In light of the above, the Assembly calls on the member states of the Council of Europe to:

9.1.    act strongly against discrimination in all areas;
9.2.    condemn and combat Islamophobia;
9.3.    act resolutely against hate speech and all other forms of behaviour which run counter to core human rights and democratic values, even when their authors seek to justify them on religious grounds;
9.4.    combat all forms of discrimination and violence (particularly forced marriages, sexual mutilation of women and so-called “honour crimes”) which, in the name of misinterpreted religious texts or customs, violate the fundamental rights of women and equality between women and men;
9.5.    combat all forms of cultural or religious relativism which justify discriminatory practices and human rights violations, particularly those directed at women or other groups in society;
9.6.    ensure the strictest compliance with human rights and the rule of law in the enforcement of antiterrorist measures;
9.7.    promote the social cohesion, integration, political and civic participation of immigrants and citizens with an immigrant background, both men and women, in particular by:
9.7.1.    taking a range of positive steps to enable immigrants and people with an immigrant background to integrate into society through fair and non-discriminatory access to employment, education, vocational training, housing in mixed areas and public services, and eventually via democratic participation through citizenship;
9.7.2.    developing specific activities to encourage integration and tolerance among young people;
9.7.3.    signing and ratifying the European Convention on the Legal Status of Migrant Workers (ETS No. 93);
9.7.4.    granting lawfully-residing immigrants the right to vote and to be elected, at least in local and regional elections, so as to have an impact on public administration and local government;
9.7.5.    signing and ratifying the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144);
9.7.6.    encouraging the participation of people with an immigrant background in political parties, trade unions and non-governmental organisations;
9.7.7.    taking all the necessary measures to eliminate the inequality of opportunity faced by immigrants, including unemployment and inadequate education;
9.7.8.    removing unnecessary legal or administrative obstacles to the construction of a sufficient number of appropriate places of worship for the practice of Islam;
9.7.9.    ensuring that school textbooks do not portray Islam as a hostile or threatening religion;
9.8.    promote and support activities intended to improve the standing and role of Muslim women in Europe and overcome stereotypes confining them to subordinate and passive roles, for example, through appropriate teaching in schools and awareness-raising campaigns in the media;
9.9.    monitor the role played by foreign states in the financing of mosques and appointment of imams, in order to ensure that these actions are not used to promote extremist views;
9.10.    support the establishment of courses, if possible at university level, to train imams locally;
9.11.    encourage a public and inclusive debate concerning the consequences of their foreign policy on the phenomenon of radicalisation;
9.12.    encourage informative projects about Islam’s contribution to western societies in order to overcome stereotypes on Islam.
10.    The Assembly calls on leaders and opinion-makers to act responsibly to avoid encouraging discrimination and Islamophobia.

11.    Furthermore, the Assembly calls on European Muslim organisations, leaders and opinion-makers to:

11.1.    act with a high sense of responsibility in their public statements and condemn terrorism and extremism unequivocally, being aware of their influence on Muslim communities;
11.2.    encourage Muslims to fully participate in society without questioning the secular character of the society and the institutions of the country where they live;
11.3.    formally endorse the European Convention on Human Rights;
11.4.    promote the transmission of core European values within Muslim communities, and among young people in particular, by highlighting their compatibility with the Muslim faith;
11.5.    ensure the teaching of core European values in Muslim faith schools;
11.6.    encourage young European Muslims to become imams;
11.7.    set up projects aimed at reducing the risk of radicalisation among the young generation and in prisons, if appropriate in co-operation with other organisations, or with local or other authorities;
11.8.    encourage the promotion of fair coverage of Muslim reality and views in the media and ensure that the voice of moderate Muslims is also reported;
11.9.    develop ethical guidelines to combat Islamophobia in the media and in favour of cultural tolerance and understanding, in co-operation with appropriate media organisations;
11.10.    encourage the development of a secular intelligentsia.

Recommendation 1805 (2007) - Blasphemy, religious insults and hate speech against persons on grounds of their religion

Author(s): Parliamentary Assembly - Council of Europe

Origin: Assembly debate on 29 June 2007 (27th Sitting) (see Doc. 11296, report of the Committee on Culture, Science and Education, rapporteur: Mrs Hurskainen; Doc. 11319, opinion of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Bartumeu Cassany; and Doc. 11322Doc. 11322, opinion of the Committee on Equal Opportunities for Women and Men, rapporteur: Mr Dupraz). Text adopted by the Assembly on 29 June 2007 (27th Sitting).

Eurovoc: FREEDOM OF EXPRESSION, FREEDOM OF RELIGIOUS BELIEFS, ANTI-SEMITISM, ANTI-DISCRIMINATORY MEASURE, XENOPHOBIA

1.    The Parliamentary Assembly recalls its Resolution 1510 (2006) on freedom of expression and respect for religious beliefs and reiterates its commitment to the freedom of expression (Article 10 of the European Convention on Human Rights, ETS N°. 5, hereafter “the Convention”) and the freedom of thought, conscience and religion (Article 9 of the Convention), which are fundamental cornerstones of democracy. Freedom of expression is not only applicable to expressions that are favourably received or regarded as inoffensive, but also to those that may shock, offend or disturb the state or any sector of population within the limits of Article 10 of the Convention. Any democratic society must permit open debate on matters relating to religion and religious beliefs.

2.    The Assembly underlines the importance of respect for, and understanding of, cultural and religious diversity in Europe and throughout the world and recognises the need for ongoing dialogue. Respect and understanding can help avoid frictions within society and between individuals. Every human being must be respected, independently of religious beliefs.

3.    In multicultural societies it is often necessary to reconcile freedom of expression and freedom of thought, conscience and religion. In some instances, it may also be necessary to place restrictions on these freedoms. Under the Convention, any such restrictions must be prescribed by law, necessary in a democratic society and proportionate to the legitimate aims pursued. In so doing, states enjoy a margin of appreciation as national authorities may need to adopt different solutions taking account of the specific features of each society; the use of this margin is subject to the supervision of the European Court of Human Rights.

4.     With regard to blasphemy, religious insults and hate speech against persons on the grounds of their religion, the state is responsible for determining what should count as criminal offences within the limits imposed by the case law of the European Court of Human Rights. In this connection, the Assembly considers that blasphemy, as an insult to a religion, should not be deemed a criminal offence. A distinction should be made between matters relating to moral conscience and those relating to what is lawful, matters which belong to the public domain, and those which belong to the private sphere. Even though today prosecutions in this respect are rare in member states, they are legion in other countries of the world.

5.     The Assembly welcomes the preliminary report adopted on 16 and 17 March 2007 by the European Commission for Democracy through Law (Venice Commission) on this subject and agrees with it that in a democratic society, religious groups must tolerate, as must other groups, critical public statements and debate about their activities, teachings and beliefs, provided that such criticism does not amount to intentional and gratuitous insults or hate speech and does not constitute incitement to disturb the peace or to violence and discrimination against adherents of a particular religion. Public debate, dialogue and improved communication skills of religious groups and the media should be used in order to lower sensitivity when it exceeds reasonable levels.

6.    Recalling its Recommendation 1720 (2005) on education and religion, the Assembly emphasises the need for greater understanding and tolerance among individuals of different religions. Where people know more about the religion and religious sensitivities of each other, religious insults are less likely to occur out of ignorance.

7.     In this context, the Assembly welcomes the initiative of the United Nations to set up a new body under the theme “Alliance of Civilizations” to study and support contacts between Muslim and so-called western societies, but feels that such an initiative should be enlarged to other religions and non-religious groups.

8.     The Assembly recalls the relevant case law on freedom of expression under Article 10 of the Convention developed by the European Court of Human Rights. Whereas there is little scope for restrictions on political speech or on the debate of questions of public interest, the Court accepts a wider margin of appreciation on the part of contracting states when regulating freedom of expression in relation to matters liable to offend intimate personal convictions within the sphere of morals or, especially, religion.

9.    However, the Assembly stresses that this margin of appreciation is not unlimited and that any restrictions on the freedom of expression must comply with the case law of the European Court of Human Rights. Freedom of expression – guaranteed under Article 10 of the Convention – is of vital importance for any democratic society. In accordance with the Statute of the Council of Europe, common recognition of democratic values is the basis for membership of the Organisation.

10.     The Assembly is aware that, in the past, national law and practice concerning blasphemy and other religious offences often reflected the dominant position of particular religions in individual states. In view of the greater diversity of religious beliefs in Europe and the democratic principle of the separation of state and religion, blasphemy laws should be reviewed by the governments and parliaments of the member states.

11.    The Assembly notes that under the International Convention on the Elimination of All Forms of Racial Discrimination of the United Nations, signatory parties are obliged to condemn discrimination and take effective measures against it. All member states signatory to this convention must ensure that members of a particular religion are neither privileged nor disadvantaged under blasphemy laws and related offences.

12.    The Assembly reaffirms that hate speech against persons, whether on religious grounds or otherwise, should be penalised by law in accordance with General Policy Recommendation N°. 7 on national legislation to combat racism and racial discrimination produced by the European Commission against Racism and Intolerance (ECRI). For speech to qualify as hate speech in this sense, it is necessary that it be directed against a person or a specific group of persons. National law should penalise statements that call for a person or a group of persons to be subjected to hatred, discrimination or violence on grounds of their religion.

13.    The Assembly emphasises that freedom of religion as protected by Article 9 of the Convention also protects religions in their capacity to establish values for their followers. While religions are free to penalise in a religious sense any religious offences, such penalties must not threaten the life, physical integrity, liberty or property of an individual, or women’s civil and fundamental rights. In this context, the Assembly recalls its Resolution 1535 (2007) on threats to the lives and freedom of expression of journalists and strongly condemns the death threats issued by Muslim leaders against journalists and writers. Member states have the obligation to protect individuals against religious penalties which threaten the right to life and the right to liberty and security of a person under Articles 2 and 5 of the Convention. Moreover, no state has the right to impose such penalties for religious offences itself.

14.     The Assembly notes that member states have the obligation under Article 9 of the Convention to protect freedom of religion including the freedom to manifest one’s religion. This requires that member states protect such manifestations against disturbances by others. However, these rights may sometimes be subject to certain justified limitations. The challenge facing the authorities is how to strike a fair balance between the interests of individuals as members of a religious community in ensuring respect for their right to manifest their religion or their right to education, and the general public interest or the rights and interests of others.

15.    The Assembly considers that, as far as it is necessary in a democratic society in accordance with Article 10, paragraph 2, of the Convention, national law should only penalise expressions about religious matters which intentionally and severely disturb public order and call for public violence.

16.     It calls on national parliaments to initiate legislative action and scrutiny regarding the national implementation of this recommendation.

17.     The Assembly recommends that the Committee of Ministers:

17.1.    take note of Resolution 1510 (2006) on freedom of expression and respect for religious beliefs together with this recommendation and forward both texts to the relevant national ministries and authorities;
17.2.    ensure that national law and practice:
17.2.1.     permit open debate on matters relating to religion and beliefs and do not privilege a particular religion in this respect, which would be incompatible with Articles 10 and 14 of the Convention;
17.2.2.     penalise statements that call for a person or a group of persons to be subjected to hatred, discrimination or violence on grounds of their religion as on any other grounds;
17.2.3.     prohibit acts which intentionally and severely disturb the public order and call for public violence by references to religious matters, as far as it is necessary in a democratic society in accordance with Article 10, paragraph 2, of the Convention;
17.2.4.    are reviewed in order to decriminalise blasphemy as an insult to a religion;
17.3.     encourage member states to sign and ratify Protocol No. 12 to the European Convention on Human Rights (ETS No. 177);
17.4.     instruct its competent steering committee to draw up practical guidelines for national ministries of justice intended to facilitate the implementation of the recommendations contained in paragraph 17.2 above;
17.5.     instruct its competent steering committee to draw up practical guidelines for national ministries of education intended to raise understanding and tolerance among students with different religions;
17.6.    initiate, through their national ministries of foreign affairs, action at the level of the United Nations in order to ensure that:
17.6.1.    national law and practice of signatory states of the International Convention on the Elimination of All Forms of Racial Discrimination do not privilege persons with a particular religion
17.6.2.     the work of the Alliance of Civilizations avoids the stereotype of a so-called western culture, widens its scope to other world religions and promotes more open debates between different religious groups and with non-religious groups;
17.7.    condemn on behalf of their governments any death threats and incitements to violence by religious leaders and groups issued against persons for having exercised their right to freedom of expression about religious matters;
17.8.    invite member states to take more initiatives to promote tolerance, in co-operation with ECRI.

Resolution 1535 (2007) - Threats to the lives and freedom of expression of journalists

Author(s): Parliamentary Assembly - Council of Europe

Origin: Assembly debate on 25 January 2007 (7th Sitting) (see Doc. 11143, report of the Committee on Culture, Science and Education, rapporteur: Mr McIntosh). Text adopted by the Assembly on25 January 2007 (7th Sitting).

Eurovoc: CULTURE, DEMOCRACY, EDUCATION, FREEDOM OF EXPRESSION, COMMUNICATIONS PROFESSION, RULE OF LAW.

1. The Parliamentary Assembly is deeply concerned by the numerous attacks and threats to the lives and freedom of expression of journalists in Europe in 2006 and January 2007. It strongly condemns the murders of Hrant Dink in Turkey and Anna Politkovskaya in the Russian Federation and the brutal attacks on Fikret Huseynli, Bahaddin Khaziyev and Nijat Huseynov in Azerbaijan, Ion Robu in Moldova and Ihor Mosiyshuck, Sergei Yanovski and Lilia Budjurova in Ukraine. It is also shocked by the recent death decrees by Iranian religious leaders against Rafiq Tagi and Samir Sedagetoglu in Azerbaijan, and against Robert Redeker in France, as well as by the death threats to Mubarak Asani in Bosnia and Herzegovina, Drago Hedl and Ladislav Tomicic in Croatia, Slavica Jovanovic and Jahja Fehratovic in Serbia and Vassil Ivanov in Bulgaria for their journalistic work. Other attacks on journalists may have happened in Europe without having been noted by a wider public. The Assembly strongly deplores the fact that journalists in Europe have to work under fear for their lives and physical safety.

2. The Assembly pays tribute to all journalists and media that further democracy and the rule of law by investigative journalism into political and social issues which are of public concern while respecting the standards of journalistic ethics. Hate journalism, which confuses propaganda with reporting, defames individuals and inflames rather than illuminates public debate, is also growing and needs to be confronted.

3. Freedom of expression and information in the media includes the right to express political opinions and criticise the authorities and society, expose governmental mistakes, corruption and organised crime, and question religious dogmas and practices. This freedom is guaranteed under Article 10 of the European Convention on Human Rights (ECHR) (ETS No. 5) as one of the fundamental requirements of a democratic society. The member states of the Council of Europe have committed themselves to human rights, democracy and the rule of law, and the vast majority of European citizens have embraced these values after a sometimes long and often painful history of having been deprived of their enjoyment. Where journalists must fear for their lives and security, democracy is at risk. Freedom of expression is one of the cornerstones of democracy in Europe.

4. The Assembly believes that to make democracy meaningful, freedom of expression and freedom of religion should go hand in hand. Violent attacks and threats, by any group invoking their religion, against expressions of opinion by words, speech or visual images, have no place in European democracies.

5. The Assembly recalls the legal obligation of member states, in accordance with Articles 2 and 10 of the ECHR, to investigate any murders of journalists as well as acts of severe physical violence and death threats against them. This obligation stems from the individual journalist’s rights under the Convention as well as from the necessity for any democracy to have functioning media free from intimidation and political threats. Where attacks against journalists can be carried out with impunity, democracy and the rule of law suffer.

6. Public authorities should use restraint and respect proportionality when applying legal restrictions to freedom of expression. Administrative acts, such as the granting of licences for the electronic media or awarding subsidies to the media, must be fair and provide equal treatment for all journalists and media companies. Where arbitrary or politically motivated discrimination of journalists and the media occurs, freedom of the media is violated.

7. While being aware of the importance of Article 10 of the ECHR for the protection of media freedom throughout Europe, the Assembly believes that additional measures are needed to effectively protect the lives and freedom of expression of journalists in Europe. Applications to the European Court of Human Rights can only be made after the violation has taken place and national legal remedies have been exhausted; therefore judgments are delivered long after the violation.

8. The Assembly appreciates that several thousand signatures have been collected and forwarded to the President of the Assembly by Reporters Without Borders in Paris, demanding an investigation into the murder of Anna Politkovskaya. The Assembly also welcomes the initiatives of the International Press Institute in Vienna, ARTICLE 19 in London, the Glasnost Defence Foundation in Moscow and the South East Europe Media Organisation (SEEMO) in Vienna, as well as other organisations, to make publicly known all murders of journalists and attacks against them because of their journalistic work. Professional organisations of journalists and the media can help their members when they are faced with threats and attacks by providing assistance and training to journalists and by raising awareness among politicians and the public at large. The work of such professional organisations is protected under Articles 10 and 11 of the ECHR against undue restrictions by state authorities.

9. The Assembly has regularly defended freedom of the media in Europe. It recalls in this context its Recommendation 1506 (2001) on freedom of expression and information in the media in Europe, Recommendation 1589 (2003) on freedom of expression in the media in Europe, Resolution 1372 (2004) and Recommendation 1658 (2004) on the persecution of the press in the Republic of Belarus, Resolution 1438 (2005) and Recommendation 1702 (2005) on freedom of the press and the working conditions of journalists in conflict zones, Recommendation 1706 (2005) on media and terrorism and Resolution 1510 (2006) on freedom of expression and respect for religious beliefs.

10.The Assembly calls on national parliaments to:

1.    closely monitor the progress of such criminal investigations and hold the authorities accountable for any failures to investigate or prosecute – for example, the Russian Parliament as regards the murder of Anna Politkovskaya;
2.    abolish laws which place disproportionate limits on freedom of expression and are liable to be abused to incite extreme nationalism and intolerance – for example, the Turkish Parliament as regards Article 301 of the Turkish Penal Code on the “denigration of Turkishness”.
11. The Assembly calls on all parliaments concerned to conduct parliamentary investigations into the unresolved murders of journalists as well as attacks and death threats against them, in order to shed light on individual cases and develop as a matter of urgency effective policies for the greater safety of journalists and their right to carry out their work without threats.

12. The Assembly condemned the disappearance in 2000 and murder of Ukrainian journalist Georgiy Gongadze and called for investigations by the competent authorities. It is concerned at the lack of progress in these investigations and stresses the need to ensure an environment for independent judgment.

13. After the arrest of the alleged assassin of Hrant Dink, the Assembly now unites in calling for the deletion of Article 301 of the Turkish Penal Code, under which Dink and other journalists were prosecuted. The continuing presence of such a law limiting freedom of expression validates legal and other assaults on journalists.

14.The Assembly resolves to establish a specific monitoring mechanism for identifying and analysing attacks on the lives and freedom of expression of journalists in Europe as well as the progress made by national law enforcement authorities and parliaments in their investigations of these attacks, and consequently invites Reporters Without Borders, the International Press Institute, the International Federation of Journalists and other organisations to report such attacks to the Assembly. The Assembly believes that fully representative, independent organisations and unions of journalists are an important form of protection for freedom of expression and rejects any concept of state licensing or control over the profession of journalism.

Recommendation 1804 (2007) - State, religion, secularity and human rights

Author(s): Parliamentary Assembly - Council of Europe

Origin: Assembly debate on 29 June 2007 (27th Sitting) (see Doc. 11298, report of the Committee on Culture, Science and Education, rapporteur: Mr de Puig). Text adopted by the Assembly on 29 June 2007 (27th Sitting).

Eurovoc: RELIGIOUS DISCRIMINATION, HUMAN RIGHTS, EDUCATION, FREEDOM OF EXPRESSION, FREEDOM OF RELIGIOUS BELIEFS, NEW TECHNOLOGY, SECULARITY.

1.    The Parliamentary Assembly notes that religion is an important feature of European society. This is because of the historic fact that certain religions have been present for centuries and because of their influence in Europe’s history. Religions are still multiplying on our continent today, with a wide variety of churches and beliefs.

2.     Organised religions as such are part and parcel of society and must therefore be considered as institutions set up by and involving citizens who have the right to freedom of religion, but also as organisations that are part of civil society, with all its potential for providing guidance on ethical and civic issues, which have a role to play in the national community, be it religious or secular.

3.    The Council of Europe must recognise this state of affairs and welcome and respect religion, in all its plurality, as a form of ethical, moral, ideological and spiritual expression of certain European citizens, taking account of the differences between the religions themselves and the circumstances in the country concerned.

4.    The Assembly reaffirms that one of Europe’s shared values, transcending national differences, is the separation of church and state. This is a generally accepted principle that prevails in politics and institutions in democratic countries. In Recommendation 1720 (2005) on education and religion, for instance, the Assembly noted that “each person’s religion, including the option of having no religion, is a strictly personal matter”.

5.    The Assembly notes that, while protecting freedom of expression and freedom of religion, the European Court of Human Rights recognises the right of individual countries to organise and enact legislation regarding the relationship between the state and the church in compliance with the provisions of the European Convention on Human Rights (ETS No. 5), and notes that the Council of Europe member states today show varying degrees of separation between government and religious institutions in full compliance with the Convention.

6.     Over the last twenty years, religious worship has declined markedly in Europe. Fewer than one European in five attends a religious service at least once a week, whereas twenty years ago the figure was more than twice that. At the same time, we are witnessing the growing strength of the Muslim communities in virtually all the Council of Europe member states.

7.    As a result of globalisation and the rapid development of new information and communication technology, some groups are particularly visible. What is undeniable, however, is that religion has, in recent years, again become a central issue of debate in our societies. Roman Catholics, members of the Orthodox Church, Evangelists and Muslims seem to be the most active.

8.     The Assembly recognises the importance of intercultural dialogue and its religious dimension and is willing to help devise a comprehensive Council of Europe strategy in this area. It considers, however, in light of the principle of the separation of church and state, that inter-religious and interdenominational dialogue is not a matter for states or for the Council of Europe.

9.    In Recommendation 1396 (1999) on religion and democracy, the Assembly stated that there was “a religious aspect to many of the problems contemporary society [faced], such as ... fundamentalist movements and terrorist acts, racism and xenophobia, and ethnic conflicts”. This affirmation is as relevant as ever.

10.     Governance and religion should not mix. Religion and democracy are not incompatible, however, and sometimes religions play a highly beneficial social role. By addressing the problems facing society, the civil authorities can, with the support of religions, eliminate much of what breeds religious extremism, but not everything.

11.     Governments should take account of the special capacity of religious communities to foster peace, co-operation, tolerance, solidarity, intercultural dialogue and the dissemination of the values upheld by the Council of Europe.

12.    Education is the key to combating ignorance, stereotypes and misunderstanding of religions and their leaders, and plays a central role in forging a democratic society.

13.    Schools are an essential forum for intercultural dialogue and also lay the foundations of tolerant behaviour; they can effectively combat fanaticism by teaching children the history and philosophy of the main religions with restraint and objectivity. The media and families can also play an important part in this field.

14.     A knowledge of religions is an integral part of knowledge of human history and civilisations. It is different from belief in, and practice of, a particular religion. Even countries where one religion prevails have a duty to teach the origins of all religions.

15.    Various situations coexist in Europe. In some countries, one religion still predominates. Religious representatives may play a political role, as in the case of the bishops who sit in the United Kingdom House of Lords. Some countries have banned the wearing of religious symbols in schools. The legislation of several Council of Europe member states still contains anachronisms dating from times when religion played a more important part in our societies.

16.    Freedom of religion is protected by Article 9 of the European Convention on Human Rights and Article 18 of the Universal Declaration of Human Rights. Such freedom is not unlimited, however: a religion whose doctrine or practice ran counter to other fundamental rights would be unacceptable. In any case, the restrictions that can be placed on such freedom are those that “are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others” (Article 9.2 of the Convention).

17.     Nor may states allow the dissemination of religious principles which, if put into practice, would violate human rights. If doubts exist in this respect, states must require religious leaders to take an unambiguous stand in favour of the precedence of human rights, as set forth in the European Convention on Human Rights, over any religious principle.

18.    Freedom of expression is one of the most important human rights, as the Assembly has repeatedly affirmed. In Recommendation 1510 (2006) on freedom of expression and respect for religious beliefs it expresses the view that “freedom of expression as protected under Article 10 of the European Convention on Human Rights should not be further restricted to meet increasing sensitivities of certain religious groups”.

19.     While we have an acknowledged duty to respect others and must discourage gratuitous insults, freedom of expression cannot, needless to say, be restricted out of deference to certain dogmas or the beliefs of a particular religious community.

20.     With regard to relations between the Council of Europe and religious communities, certain steps have been taken in order to promote a closer relationship.

21.    It will be remembered in this connection that religious leaders have addressed the Assembly on several occasions in the past, and that it has accepted, in return, to attend major conferences organised by the religious communities. Moreover, dozens of religious and humanist organisations are already represented at the Council of Europe by virtue of the participatory status of non-governmental organisations.

22.    The Assembly welcomes the Committee of Ministers’ proposal that “annual exchanges on the religious dimension of intercultural dialogue” be organised on an experimental basis with representatives of religions traditionally present in Europe and of civil society.

23.    The Assembly therefore recommends that the Committee of Ministers:

23.1.     ensure that religious communities may exercise the fundamental right of freedom of religion without hindrance in all Council of Europe member states in accordance with the provisions of Article 9 of the European Convention on Human Rights and Article 18 of the Universal Declaration of Human Rights;
23.2.     rule out any interference in religious affairs, but consider religious organisations as part of civil society and call on them to play an active role in the pursuit of peace, co-operation, tolerance, solidarity, intercultural dialogue and the dissemination of the Council of Europe’s values;
23.3.     reaffirm the principle of the independence of politics and law from religion;
23.4.     continue to give thought to the religious dimension of intercultural dialogue, particularly by organising meetings with religious leaders and representatives of humanist and philosophical worlds;
23.5.     exclude from the consultation any grouping that does not clearly support the Council of Europe’s fundamental values, namely human rights, democracy and the rule of law;
23.6.     identify and disseminate examples of good practice in respect of dialogue with leaders of religious communities;
23.7.     consider setting up an institute to devise syllabuses, teaching methods and educational material for the study of the religious heritage of the Council of Europe member states; such syllabuses should be drawn up in close co-operation with representatives of the different religions traditionally present in Europe.
 

24.    The Assembly further recommends that the Committee of Ministers encourage the member states to:

24.1.     promote initial and in-service training for teachers with a view to the objective, balanced teaching of religions as they are today and of religions in history, and to require human rights training for all religious leaders, in particular those with an educational role in contact with young people;
24.2.     gradually to remove from legislation, if such is the will of the people, elements likely to be discriminatory from the angle of democratic religious pluralism.