Some aspects of the Bahá'í Community's approach to one human rights initiative, the "Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief."
Notes:
Presented at "Human Rights, Faith and Culture: A Conference Commemorating the 50th Anniversary of the Universal Declaration of Human Rights," Canberra, 7-8 November 1998. See the Declaration, below.
Religious Freedom in the Asia Pacific:
The Experience of the Bahá'í Community
Abstract: This paper outlines some aspects of the
Bahá'í Community's approach to one human rights
initiative, the Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on
Religion or Belief. It does so in the context of key
challenges facing nations in the Asia Pacific region if
the cause of human rights is to be advanced. These
include the need for new notions of governance, an
understanding of the origin of human rights and their
relationality, and a normative appreciation of diversity.
The Asia Pacific is a region of diverse peoples and
belief systems in which most of the great religious
traditions have contributed in one or several states to
the progress of civilisation. It is a region, too, in
which entire states have been founded on one or other of
the great traditions: Hindu, Buddhist, Islamic and
Western/Christian. In the context of the rapid
integration of economic and social systems frequently
referred to as globalisation it is desirable that the
increasing proximity of religious traditions leads to
inter-faith harmony rather than to sectarianism. Legal
standards ensuring freedom of belief provide an essential
platform for religious harmony. A considerable number of
states, particularly in the Pacific Islands, are yet to
endorse the major covenants outlining these legal
standards. The Decade of Human Rights Education provides
the opportunity to heighten awareness of the issues, and
the benefits of agreeing to common standards.
The Emergence of Universal
Human Rights
The articulation of the rights of individuals, and the legal
means for their protection, have emerged in response to
consciousness of the large-scale brutality of the twentieth
century, and now comprise a significant portion of twentieth
century international law innovation. A significant body of legal
norms has been built on the Universal Declaration of Human Rights
agreed by the United Nations in 1948. Although merely a
'declaration' of desirable standards pertaining to human rights,
the UDHR has had considerable impact on the ways in which states
and citizens understand notions of individual rights and
obligations. In 1966 the UN concluded two "covenants"
concerning human rights: the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). A number of other
declarations have been formulated since, including one seeking to
eliminate of all forms of racial prejudice; another to eliminate
all forms of religious intolerance; and yet another declaring the
rights of indigenous peoples. In addition to the Universal
Declaration of Human Rights the principal treaties are:
The International Covenant on Civil and Political Rights
The International Covenant of Economic, Social and
Cultural Rights
The Convention on the Elimination of All Forms of Racial
Discrimination
The Convention on the Elimination of Discrimination
Against Women
The Convention on the Rights of the Child
The Convention Against Torture
In 1993 the United Nations convened a Conference in Vienna to
review global progress in advancing human rights. In 1995 the
United Nations declared the UN Decade for Human Rights Education
(1995-2004).
The Bahá'í International Community has contributed ideas on
human rights policy from the inception of the United Nations. It
presented the document "A Bahá'í Declaration of Human
Obligations and Rights" to the first session of the United
Nations Commission on Human Rights at Lake Success in New York in
February 1947. That document identified seven "essential
human rights characterizing the new world era": those
concerned with: (1) the individual; (2) the family; (3) race; (4)
work and wealth; (5) education; (6) worship; (7) social order.
Since 1947 the BIC has made numerous statements to sessions of
various agencies of the United Nations. Almost every year since
1988 it has addressed a statement to the United Nations
Commission on Human Rights in 1998 in relation to the 1981
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief.
In 1995 the BIC published a Statement on the Occasion of the
50th Anniversary of the United Nations and also in
that year distributed a statement at the United Nations World
Summit on Social Development, Copenhagen. In March 1996 the
Bahá'í International Community submitted a written statement to
the UN Commission on Human Rights, indicating its full support
for the Commission's Plan of Action.
Many of these documents point out that the Bahá'í Community
has been the beneficiary of the UN's human rights regime -
particularly in relation to conditions in Iran but also following
episodes of persecution in Morocco and elsewhere. But in addition
to relying on human rights mechanisms to seek relief in such
circumstances, the Bahá'í International Community has sought to
contribute actively to the formulation of policy and to foster
within the human rights community a positive vision of
possibilities for the future.
Human Rights in Asia-Pacific: the Bahá'í Experience
Bahá'í Communities in the Asia-Pacific region face
particular challenges. In some states they are yet to secure for
themselves the fundamental rights guaranteed in international
law. A second challenge is their ability to make a contribution
to the promotion of human rights of all who live in the region.
The purpose of this paper is to briefly review the status of
Bahá'í Communities in the Asia-Pacific with respect to existing
human rights regimes, and to consider the educational needs of
these Communities if they are to make a genuine contribution to
the promotion of human rights.
The persecution of Bahá'ís in Iran is the most widely
acknowledged instance of persecution of Bahá'ís on the basis of
their religion, but it is not the only instance. In Asia, for
instance, political and social upheaval, and political and
religious ideology, have affected the situation of the Bahá'ís
in a number of countries. All effective contact with the
Cambodian Bahá'ís was lost during the period of Khmer Rouge
rule (1975-79), and apart from contact with Bahá'ís
subsequently found in refugee camps in Thailand, the community
had to be completely re-established in the 1980s. In Vietnam,
similarly, the Bahá'í Community was affected by government
policy toward religions implemented after reunification in 1975.
The activities of Bahá'í Communities in predominantly
Islamic countries face a number of limitations. The Bahá'í
Community of Indonesia has been deprived of basic rights since
the 1960s. Although the Indonesian constitution states "The
State shall be based upon belief in the One, Supreme God",
and that "The state shall guarantee the freedom of the
people to express and to exercise their own religion", a
Presidential Decree of 1962 banned a number of religious
organisations including the Bahá'í Faith. The length of this
ban, and the legal arguments used to support it, are beginning to
attract scholarly comment. The activities of the Bahá'í
Communities of Malaysia, Afghanistan and Pakistan are also
subject to restrictions specified by law.
In the islands of the Pacific, most Bahá'í Communities enjoy
freedom of religion afforded by express constitutional
protections. Subtle forms of persecution persist, however, at
'grass-roots' level in cultures that are unfamiliar with notions
of human rights, and with religious diversity. Some Pacific
Island constitutions protect Christianity as the state religion
while allowing freedom of religion, creating a tension
occasionally expressed in calls for the banning of non-Christian
religions. Bahá'í Communities in these states are uniquely
placed: in many they constitute the largest non-Christian
religious communities. While most Pacific Island states are
members of the United Nations, some are too small to meet the
basic requirements of membership: whether membership fees, or the
costs of diplomatic representation. Accession to international
treaties is an imposing exercise, and adherence to international
standards of compliance and reporting is equally daunting.
Asia-Pacific Bahá'í Communities and Human Rights
Education
Asia-Pacific Bahá'í Communities have been prepared for
involvement in programs of Human Rights Education by several
circumstances. Firstly, they are part of a global religious
tradition that holds the values of the human rights culture
implicit in its scripture. Second, on the basis of their own
experience, they understand the urgency of systemic change in the
operation of state power, and for broader understanding of the
advantages of more enlightened cooperation between governments,
individuals, and civil society.
This positive disposition, however, is accompanied by several
constraints. There is a lack of detailed knowledge across
Asia-Pacific Bahá'í Communities about current human rights
practices and procedures. Those who do have such knowledge are
not sufficient in number to conduct broad-based education
programs. The short-term implication is that such activity as
does occur in the field of human rights education, and human
rights advocacy, will be by a small group of specialists acting
on behalf of their Communities. Despite the benefits of such
activity, a broader approach to human rights education and
advocacy will be required if the aspirations of the Human Rights
Commission's Plan of Action is to be realised. The BIC
statement on that plan comments:
The Plan of Action prepared by the High
Commissioner for Human Rights reflects this integrated
conception of education by defining human rights
education as "training, dissemination and
information efforts aimed at the building of a universal
culture of human rights through the imparting of
knowledge and skills and the moulding of attitudes which
are directed to:
a) The strengthening of respect for human rights
and fundamental freedoms;
b) The full development of the human personality
and the sense of its dignity;
c) The promotion of understanding, tolerance,
gender equality and friendship among all nations,
indigenous peoples and racial, national, ethnic,
religious and linguistic groups;
d) The enabling of all persons to participate
effectively in a free society; and
e) The furtherance of the activities of the United
Nations for the maintenance of peace.
The Bahá'í International Community fully embraces
these goals and objectives. Human rights education, if it
is to succeed, must seek to transform individual
attitudes and behaviour and thereby establish, within
every local and national community, a new
"culture" of respect for human rights. Only
such a change in the fundamental social outlook of every
individual - whether a government official or an ordinary
citizen - can bring about the universal observance of
human rights principles in the daily lives of people. In
the final analysis, the human rights of an individual are
respected and protected - or violated - by other
individuals, even if they are acting in an official
capacity. Accordingly, it is essential to touch the
hearts, and elevate the behaviour, of all human beings,
if, in the words of the Plan of Action, human rights are
to be transformed "from the expression of abstract
norms" to the "reality" of the
"social, economic, cultural and political
conditions" experienced by people in their daily
lives."
Steps that can be taken
participation in human rights education
Therefore, the Bahá'í International Community joins
Mr. Ribeiro in his call for efforts to promote greater
understanding amongst all people, particularly through
inter-faith dialogues and through systematic efforts by
the Centre for Human Rights to disseminate the principles
of the 1981 Declaration through the media and to urge
their inclusion in the curriculum of schools and
universities.
In the view of the Bahá'í International Community,
the only sure means of eradicating prejudice is through
education, for education dispels ignorance, and blind
ignorance is at the root of all prejudice.
We, therefore, believe that education is the essential
factor in securing implementation of the Declaration on
the Elimination of All Forms of Intolerance and of
Discrimination based on Religion or Belief. It is
necessary not only that the declaration be disseminated
as widely as possible, but that it should most
particularly be brought to the attention of schools and
other educational bodies, and that determined steps
should be taken, at both national and international
levels, actively to promote understanding, tolerance and
respect in matters relating to religion or belief.
Converting Declaration into a Treaty.
Turning now to the role of the international community
in combating religious intolerance in all its many
guises, the Bahá'í International Community believes
that the attention accorded in the United Nations human
rights programme to the implementation of the Declaration
on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief is not only
appropriate but must be increased.
… We do not believe that public denunciations are
necessarily the best method of resolving the issues
involved. We therefore appeal to the Commission, and to
the Special Rapporteur, to devise strategies which will
enable the Rapporteur to discuss problems with
Governments and to assist Governments in solving
difficulties without politicization of the issues.
It is also, we believe, important that the Commission
remind itself of the General Assembly's decision, in
December 1962, to initiate the preparation of both a
Declaration and a Convention to combat religious
intolerance. Practical considerations called, eventually,
for priority to be given to the elaboration of a
Declaration, but we believe that the Commission should
once again recognize that this issue has the same claim
to being dealt with in a binding international instrument
as does the issue of racial discrimination.
We do not advocate the hasty initiation of a drafting
exercise by the Commission, and we believe that the
suggestion contained in paragraph 216 of Mrs.
Odio-Benito's report -- namely, that non-governmental
organizations and independent experts should be entrusted
with drafting the outline for a Convention -- is an
interesting proposal.
We believe that all men and women of good will can
contribute towards hastening the end of religious
fanaticism. They can do this, first, by living up to the
high ideals of love, unity and tolerance that lie at the
center of their own religions or beliefs. In addition
… everyone must be taught to respect the beliefs of
others so that they will not merely tolerate, but
positively respect, those who hold different beliefs.
The Bahá'í International Community believes that
binding international norms protecting human rights are
of great importance. We are therefore following with
great interest the recent discussions in the
Sub-Commission and the Commission on the possible
elaboration of a binding international instrument dealing
with freedom of religion or belief…
Conclusion
With the emergence of global human rights discourse in the
second half of the twentieth century, issues of identity and
difference have emerged. There is no regional human rights
organisation in the Asia-Pacific, and a number of nations in the
region insist on defining rights in their specific 'historical
and cultural circumstances'. The UN Decade for Human Rights
Education provides the opportunity for Bahá'í communities to
contribute a broad conception of human rights, in terms of their
origin, scope, and ultimate purposes, to a vitally important
component in the construction of global civil society and the new
world order.
Appendix I
Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief, G.A. res.
36/55, 36 U.N. GAOR Supp. (No. 51) at 171, U.N. Doc. A/36/684
(1981).
The General Assembly,
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 and
the International Covenants on Human Rights proclaim the
principles of nondiscrimination 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,
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 1
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 belief may be subject
only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health or morals or
the fundamental rights and freedoms of others.
Article 2
1. No one shall be subject to discrimination by any State,
institution, group of persons, or person on the grounds of
religion or other belief.
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 3
Discrimination between human being on the 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.
Article 4
1. All States shall take effective measures to prevent and
eliminate discrimination on the grounds of religion or belief in
the recognition, exercise and enjoyment of human rights and
fundamental freedoms in all fields of civil, economic, political,
social and cultural life.
2. All States shall make all efforts to enact or rescind
legislation where necessary to prohibit any such discrimination,
and to take all appropriate measures to combat intolerance on the
grounds of religion or other beliefs in this matter.
Article 5
1. The parents or, as the case may be, the legal guardians of
the child have the right to organize the life within the family
in accordance with their religion or belief and bearing in mind
the moral education in which they believe the child should be
brought up.
2. Every child shall enjoy the right to have access to
education in the matter of religion or belief in accordance with
the wishes of his parents or, as the case may be, legal
guardians, and shall not be compelled to receive teaching on
religion or belief against the wishes of his parents or legal
guardians, the best interests of the child being the guiding
principle.
3. The child shall be protected from any form of
discrimination on the ground of religion or belief. He shall be
brought up in a spirit of understanding, tolerance, friendship
among peoples, peace and universal brotherhood, respect for
freedom of religion or belief of others, and in full
consciousness that his energy and talents should be devoted to
the service of his fellow men.
4. In the case of a child who is not under the care either of
his parents or of legal guardians, due account shall be taken of
their expressed wishes or of any other proof of their wishes in
the matter of religion or belief, the best interests of the child
being the guiding principle. 5. Practices of a religion or belief
in which a child is brought up must not be injurious to his
physical or mental health or to his full development, taking into
account article 1, paragraph 3, of the present Declaration.
Article 6
In accordance with article I of the present Declaration, and
subject to the provisions of article 1, paragraph 3, the right to
freedom of thought, conscience, religion or belief shall include,
inter alia, the following freedoms:
(a) To worship or assemble in connection with a religion or
belief, and to establish and maintain places for these purposes;
(b) To establish and maintain appropriate charitable or
humanitarian institutions;
(c) To make, acquire and use to an adequate extent the
necessary articles and materials related to the rites or customs
of a religion or belief;
(d) To write, issue and disseminate relevant publications in
these areas;
(e) To teach a religion or belief in places suitable for these
purposes;
(f) To solicit and receive voluntary financial and other
contributions from individuals and institutions;
(g) To train, appoint, elect or designate by succession
appropriate leaders called for by the requirements and standards
of any religion or belief;
(h) To observe days of rest and to celebrate holidays and
ceremonies in accordance with the precepts of one's religion or
belief;
(i) To establish and maintain communications with individuals
and communities in matters of religion and belief at the national
and international levels.
Article 7
The rights and freedoms set forth in the present Declaration
shall be accorded in national legislation in such a manner that
everyone shall be able to avail himself of such rights and
freedoms in practice.
Article 8
Nothing in the present Declaration shall be construed as
restricting or derogating from any right defined in the Universal
Declaration of Human Rights and the International Covenants on
Human Rights.