interference...and amount to kindling hatred,' your confusion is just what the diplomats intended! Those who interpret the villainous 'THEY' to be 'disregard and infringement of human rights' can have their wish, while those who interpret 'THEY' to be religion or belief' can also have it their way." Id. at 4-5. 10. See discussion supra at note 6. 11. The best discussion of the historical material, as of the issue of religious discrimination in general, is Arcot Krishnaswami's Study of Discrimination in the Matter of Religious Rights and Practices published by the United Nations in 1960. It is now out of print but has been conveniently reprinted in 11 New York University Journal of International Law and Politics 227 (1978). 12. The Declaration is silent on the compatibility of freedom of religion and an established church. Drafts of the Declaration contained a provision, later simply dropped, that said: "Neither the establishment of a religion nor the recognition of a religion or belief by a State nor the separation of Church from State shall by itself be considered religious intolerance or discrimination on the ground of religion or belief..." 13. Krishnaswami, supra note 11 at 6. 14. 15. Everyone has the right to freedom of thought, con- 1. Everyone shall have the right to freedom of private, to manifest his religion or belief in wor- 2. No one shall be subject to coercion which would 3. Freedom to manifest one's religion or beliefs 4. The States Parties to the present Covenant under- 16. See also the Part of the Final Act dealing with Co-operation 17. See the numerous Reports of the Hearings Before the Commission on Security and Cooperation in Europe that discuss issues of religious rights. 18. "In Many Places It's Still Dangerous to Believe," A.D., publication of the United Presbyterian, April 1981. 19. The 1980 Report, for example, contains material relating to religious persecution in Ethiopia, Malawi, Zaire, Cuba, El Salvador, Republic of Korea, Philippines, Albania, Bulgaria, Czechoslovakia, France, Greece, Romania, Spain, U.S.S.R. and Egypt. 20. The 1981 Report contains material on persecution of one sort or another in about 45 countries. 21. W. A. Veenhoven and others ed., Case Studies on Human Rights and Fundamental Freedoms: A World Survey (5 vols.) (1975). 22. H. Jack, "The Human Rights Commission at Geneva," (Mimeo published by the World Conference on Religion and Peace, 1975). 23. A cynic might note that the Philippines is a party to the Genocide Convention and took an active role at various stages of the drafting of the Declaration. 24. See Religious Persecution in El Salvador, Hearings Before the Subcommittee on International Organizations, House of Representatives, 95th Cong., 1st Sess., 21 and 29 July 1977. 25. OEA/Ser. L/II. 49, doc. 19 corr. 1 (1980). 26. See Written Statement of International League for Human Rights to United Nations Subcommission on Prevention of Discrimination and Protection of Minorities, August 1981; Matchbox (Amnesty International USA) November 1981. ANNEX 1 Draft Declaration on the Elimination of All Forms of Intolerance (As adopted by the Third Committee of the General Assembly The General Assembly, Préamble Considering that one of the basic principles of the Charter of the United Nations is that of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action in co-operation with the Organization to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Considering that the Universal Declaration of Human Rights 2/ and the International Covenants on Human Rights 3/ proclaim the principles of non-discrimination and equality before the law and the right to freedom of thought, conscience, religion and belief, Considering that the disregard and infringement of human rights and fundamental freedoms, in particular of the right to freedom of thought, conscience, religion or whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of foreign interference in the internal affairs of other States and amount to kindling hatred between peoples and nations, Considering that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed, Considering that it is essential to promote understanding, tolerance and respect in matters relating to freedom of religion and belief and to ensure that the use of religion or belief for ends inconsistent with the Charter of the United Nations, other relevant instruments of the United Nations and the purposes and principles of the present Declaration is inadmissible, Convinced that freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice and friendship among peoples and to the elimination of ideologies or practices of colonialism and racial discrimination, 2/ General Assembly resolution 217 A (III). 3/ General Assembly resolution 2200 A (XXI), annex. Noting with satisfaction the adoption of several, and the coming into force of some, conventions under the aegis of the United Nations and of the specialized agencies, for the elimination of various forms of discrimination, Concerned by manifestations of intolerance and by the existence of discrimination in matters of religion or belief still in evidence in some areas of the world, Resolved to adopt all necessary measures for the speedy elimination of such intolerance in all its forms and manifestations and to prevent and combat discrimination on the ground of religion or belief, Proclaims this Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Article I 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of 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. 2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescr ed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. Article II 1. No one shall be subject to discrimination by any State, institution, group of persons or person on grounds of religion or other beliefs. 2. 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. Article III 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. |