Forb toolkit what is freedom of religion or belief2

Freedom of religion or belief What is it?

Freedom of Religion or belief What does It look like in reality?

Definitions of FREEDOM OF RELIGION OR BELIEF (FoRB) are set out in a number of human rights treaties. Two widely recognised definitions are:

The following freedoms are generally accepted as necessary for FoRB to be fully realised and enjoyed:4

i) Universal Declaration of Human Rights (UDHR) – Article 18 (passed by the UN General Assembly on 10 December 1948)

To change or leave one’s religion or belief, including adopting no religion or belief at all

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.

To express one’s beliefs and to criticise the beliefs of others in a nonviolent manner

ii) International Covenant on Civil and Political Rights (ICCPR) – Article 18 (adopted by the UN General Assembly on 16 December 1966)

To manifest one’s religion or belief either individually or in community with others, and in public or private in worship, observance, practice and teaching, and to establish and maintain places for these purposes

Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

To establish and maintain appropriate charitable or humanitarian institutions To teach a religion or belief in places suitable for these purposes

The UN Human Rights Committee describes religion or belief as ‘theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.’1

To solicit and receive voluntary financial and other contributions from individuals and institutions To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one’s religion or belief To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels

Christian Solidarity Worldwide is an organisation working for religious freedom through advocacy and human rights, in the pursuit of justice.

To be free from coercion States must ensure that their legal systems provide adequate and effective guarantees for FoRB throughout their entire jurisdiction, and that these provisions are properly enforced. States must also put in place effective measures in order to prevent or sanction violations of FoRB when they occur, and ensure accountability.

4. In accordance with Article 1 of the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981) and subject to the provisions of Article 1, Paragraph 3, the right to freedom of thought, conscience, religion or belief includes, inter alia, these freedoms.

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WHAT IS Freedom of religion OR belief? www.csw.org.uk /cswuk

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Freedom of thought, conscience, religion or belief applies to all persons equally, and must be protected everywhere and for everyone,2 regardless of who they are, where they live and what they believe or do not believe.

FoRB safeguards diversity, and directly contributes to democracy, development, rule of law, peace and stability. The curtailment of FoRB is a reliable indicator of other human rights violations, potential violence and conflicts, and is the ‘canary in the mine’ of human rights.

As with all human rights, FoRB belongs to the individual, whether individually or as part of a collective group. The right does not belong to any religion or belief itself.

The right to freedom of religion or belief, as enshrined in relevant international standards, does not include the right to have a religion or a belief that is free from criticism or ridicule.3 The academic, legal and societal implications surrounding the human right to FoRB are vast, contentious and complex. This toolkit seeks to act as a rudimentary introduction to the topic, with certain areas of FoRB and wider human rights contexts deliberately left unaddressed. For further detailed information on thematic research into FoRB, please visit www.csw.org.uk

1. Para 2, Human Rights Committee, General Comment 22, Article 18 (Forty-eighth session, 1993). Compilation of General Comments and General Recommendations.

2. Council of the European Union conclusions on intolerance, discrimination and violence on the basis of religion or belief, 21 February 2011 3. Rabat Plan of Action on incitement to hatred, Conclusions, Paragraph 19, 5 October 2012

Impediments to Freedom of religion or belief There are numerous existing and emerging obstacles to the enjoyment of the right to freedom of religion or belief. The following non-exhaustive list outlines common FoRB violations:

Violence

Hate speech

Violence committed by state or non-state actors, based on the actual or assumed religion or belief of the targeted person, or based on the religious or other convictions or ideological tenets of the perpetrator, is widespread. Such instances of violence or the threats thereof include extrajudicial killing, execution, disappearance, torture, sexual violence, abduction, and cruel, inhuman or degrading treatment.

All instances should be condemned and accountability ensured with perpetrators brought to justice through fair and transparent judicial proceedings.

All human rights are universal, indivisible, interdependent and interrelated. This interdependence is most obvious in the relationship between freedom of expression and other human rights;6 the ICCPR expressly states that the exercise of the right to freedom of expression carries with it special duties and responsibilities.

For this reason specific limitations are permitted, including when necessary for the protection of the rights of others.

To this end, Article 20 states ‘…any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.’ The threshold for expression to constitute advocacy of religious hatred is high. Offensive words or provocative conduct including antipathy, ridicule, or insult, do not necessarily reach that threshold.

Religious extremism The rise of religious extremism in various parts of the world affects the rights of individuals, including persons belonging to religious minorities. This can include attacks on religious sites and shrines, as well as vandalism of cemeteries, in violation of international law, in particular international human rights and humanitarian law.5

Impunity Those who conduct acts of violence in the name of religion, either of their own volition or at the behest of the state, often enjoy impunity for their crimes.

5. Human Rights Council Twenty-eighth session Agenda item 3, FoRB Draft resolution, March 2015 6. Paragraph 8, Rabat Plan of Action on incitement to hatred, 5 October 2012

Blasphemy laws Many countries around the world have laws that punish expression deemed blasphemous, defamatory of religion, or contemptuous or insulting to religion or religious symbols, figures, or feelings.7 These laws afford different levels of protection to different religions, and have been applied in a discriminatory manner.

At the national level blasphemy laws are counter-productive, since they may result in de facto censure of all inter- and intra-religious or belief dialogue, debate and criticism, most of which could be constructive, healthy and needed.8 The accusation of blasphemy is so potent that false accusations are often used to settle non-religious scores. A mere unverified accusation can lead to detention. There are numerous prisoners around the world convicted and serving prison sentences for breaking such laws, breaching both the right to FoRB and to freedom of expression.

Apostasy Apostasy means the renunciation of religious faith. Renouncing a socially accepted religion or belief for another can have serious social consequences, and apostasy from Islam in particular has always been a contentious issue.

Renouncing a socially accepted religion or belief for another can have serious social consequences, and can generate strong reactions based on the particular interpretation of shari’a (Islamic) law. In Saudi Arabia, Mauritania and Iran, where the death penalty for apostasy is not

codified, death remains a real possibility for the apostate on the basis of the application of shari’a in these countries.

In other countries where shari’a is used to govern personal status matters, such as in Bahrain, Jordan, Kuwait, Oman, Qatar and Yemen, apostates face serious penalties; these include the annulment of marriage, termination of citizenship, confiscation of identity papers, and the loss of further social and economic rights. Apostates are also penalised under other laws, such as ‘insulting Turkishness’ in Turkey, the blasphemy laws in Pakistan, contempt of religion in Egypt and treason in Iran.9

National identity States, state actors or society may manipulate race, ethnic origin or religion, equating nationality and national loyalty to religion. An official ‘state religion’ being used for purposes of national identity politics may have detrimental effects on the situation of individuals from minority communities.10

Other obstacles Other impediments to FoRB include, but are not limited to, the denial of access to judicial services and social services; the denial of equal employment or education opportunities; social pressure resulting in loss of housing and employment; and day-today discrimination and ostracism in education, finance and social activities.

7. US Commission on International Religious Freedom: ‘On blasphemy laws’ www.uscirf.gov/reports-briefs/spotlight/blasphemy-laws 8. Report of the United Nations Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, (A/HRC/22/51), December 2013 9. CSW, No place to call Home; Experiences of Apostates from Islam, 2008 10. Report of the United Nations Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, (A/HRC/19/60), December 2011

Freedom of religion or belief: Why is IT important?

FoRB is a universal human right and benefits everyone; it safeguards respect for diversity, and its free exercise directly contributes to democracy, development, rule of law, peace and stability. It is strongly in the interest of all countries that citizens everywhere can fulfil their potential, free from discrimination on any grounds.

FoRB also promotes international peace and security. The UN was formed with the central mission of ‘the maintenance of international peace and security’ and all UN member states should pursue FoRB as a contributing factor to this peace and security.

In addition to the universal human rights treaties that protect FoRB, there are regional treaties which complement the international system of human rights protection and reflect regional values in addition to universal ones. These treaties are commitments undertaken by countries in the region, and are therefore free from the accusation of being foreign-imposed ideals. These treaties include:

American Convention on Human Rights (1969) African Charter on Human and Peoples’ Rights (1981) African Charter on the Rights and Welfare of the Child (1990) Arab Charter on Human Rights (2004) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (2003)

While FoRB is an important human right, religion is more than just a human right. Foreign policy, designed to promote and secure the interests of those overseas and at home, needs to account for a world where 84% identify with a religious group,11 and where religious leaders and religious principles play a complex and important role.

Studies show that the higher the level of religious freedom, the lower the level of religious conflict.12 Meanwhile, the US State Department’s International Religious Freedom report shows that the higher the level of religious restrictions, the greater the risk of violent persecution.

The consequences of formal state restrictions ripple far beyond the initial denial of freedom, with FoRB violations being closely tied to many current religious conflicts. Those who are discriminated against because of their religion often turn to violence to assert their rights.

Respect for religious freedom by governments and societal groups also has positive economic outcomes. Research suggests religious freedom is correlated with economic growth, as religious hostilities and restrictions create a climate that can drive away local and foreign investment, undermine sustainable development, and disrupt huge sectors of an economy.13 In promoting and protecting freedom of religion or belief, countries should be guided by the universality, indivisibility, inter-relatedness and interdependence of all human rights, whether civil, political, economic, social or cultural.

European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) Although the content of some of these treaties does not match the international standards of obligation and nuance, in spirit they acknowledge the importance of human rights.

11. Pew Research Foundation, The Global Religious Landscape,

December 2012 12. B.Grim & R.Finke, The Price of Freedom denied, 2010 13. Grim, Clark, and Snyder, Is Religious Freedom Good for Business, 2014