English

Treatment of the Followers of the Baha'i Faith in the Islamic Republic of Iran

Treatment of the Followers of the Baha'i Faith in the Islamic Republic of Iran

Commission on Human Rights Sixty-second session Item 9 of the provisional agenda Question of the violation of human rights and fundamental freedoms in any part of the world.

Geneva—27 March 2006

The statement of the UN Special Rapporteur on freedom of religion or belief about recent actions taken by the Government of Iran concerning the Baha'is arouses grave apprehension in the international Baha'i community about the fate of Baha'is in Iran.

A confluence of alarming events – following a trail of unrelenting persecution since 1979 –leaves us dreadfully afraid for the lives of our fellow Baha'is. According to the Special Rapporteur’s press release, a confidential letter, authorized by the Supreme Leader, Ayatollah Khamenei, has been sent by the Chairman of the Command Headquarters of the Armed Forces in Iran to a number of governmental agencies, instructing recipients to proceed in highly confidential manner to identify, monitor and collect all information about members of the Baha'i Faith. Because of the unprecedented character of the Government’s action, we have addressed a request to the Ambassador of Iran for an explanation. One hesitates to think what horrors could be implied by the combined effort of intelligence, military and police agencies.

Such actions come in the midst of a propaganda campaign against the Baha'i Faith in government-controlled national press and radio. Kayhan, the official Tehran daily newspaper, has carried more than 30 defamatory articles about the Baha'is and their religion in recent weeks with the clear intention of arousing suspicion, distrust, and hatred for the Iranian Baha'i community. In the 1950s and 1980s, such campaigns in the Iranian press and broadcast media led to acts of violence that included the murder of Baha'i men, women, and children.

The above-mentioned letter and anti-Baha'i propaganda coincide with the re-emergence of the Hojjatieh Society, an organization founded in the 1953 with the specific agenda of eradicating the Baha'i Faith. While the Society fell into disfavor and was banned in 1984, it has since re-surfaced as an influential if secretive faction, linked in news articles and weblogs with the current Iranian administration.

Exacerbating these alarming trends, Baha'is across Iran are now experiencing an escalation in acts of personal harassment and violence. In the last two years, over 60 Baha'is have been jailed or imprisoned without charge; personal property and holy sites of deep significance to the Baha'i Faith have been destroyed, a gravesite was razed with tombstones smashed and coffins left exposed. Most recently, a movement appears to have targeted Baha'i households, which have begun receiving notes, CDs, and tracts, all of which are aimed at refuting the claims of the Baha'i Faith.

Iran’s efforts to eradicate the Baha'i community are not new. In a 1993 report by UN Special Representative Reynaldo Galindo Pohl, concrete evidence emerged that the government had in fact adopted a secret blueprint for the strangulation of the Baha'i community. The evidence came in the form of a secret memorandum drafted by the Supreme Revolutionary Council in 1991 – approved by Ayatollah Ali Khamenei, who added his signature to the document. The memorandum aimed at establishing policy regarding “the Baha'i question” and called for restrictions on Baha'is’ access to education and livelihood in order to ensure “that their progress and development shall be blocked.” Given the current campaign of persecution, it is clear that the policy continues to be in effect today.

In light of the 1991 memorandum, these fearsome trends signal that the Baha'i community in Iran is in imminent danger. We therefore make an urgent plea to all nations and peoples on behalf of our Iranian co-religionists that they not allow a law-abiding, peace-loving people to face the horrific consequences to which blind hate can lead. The ghastly deeds that grew out of similar circumstances in the past cannot be allowed to happen. Not again.

A New Framework for Global Prosperity

A New Framework for Global Prosperity

Baha'i­ International Community's submission to the 2006 Commission on Social Development on the review of the First United Nations Decade for the Eradication of Poverty

1 January 2006

Any definition of poverty and course for its elimination is shaped by prevailing notions about the nature and purpose of the development process. The combined efforts of the United Nations and civil society have significantly expanded the understanding of poverty and development. The recognition of the interrelatedness of development, human rights, and human security; the increased awareness of the interactions between the market and the legal, social, cultural and physical environment in which it operates1 ; the acknowledgement of human well-being as the goal of development; efforts to introduce more equity into systems of global trade and finance; and the emphasis on human solidarity as the basis for sustainable development -- these have generated a worldwide momentum in the drive to find enduring solutions to the scourge of poverty.

Despite these advances, however, the underlying materialistic assumptions driving poverty eradication efforts remain virtually unchallenged: it is generally accepted that an increase in material resources will eradicate this condition from human life. The Millennium Development Goals, while effective in catalyzing poverty alleviation efforts, have also framed development primarily in terms of the improvement of material conditions.2 Yet the most persistent ills obstructing the peaceful development of peoples and nations -- the marginalization of girls and women, failing states, the lack of political freedoms, the spread of HIV/AIDS, the proliferation of weapons and violent conflict, inter-ethnic and racial tensions, religious intolerance and extremism, lawlessness and growing unemployment -- cannot be alleviated by material means alone. These social ills evidence a different kind of poverty -- one rooted in the values and attitudes that shape relationships between individuals, communities, and nations as well as between the governors and the governed.

The Bahá'í­ International Community views the purpose of development as contributing to the foundation for a new social and international order, capable of creating and sustaining conditions in which human beings can advance morally, culturally, and intellectually3. This purpose is rooted in the understanding that the transformation of society will involve profound changes in the individual as well as the deliberate and systematic re-creation of social structures. From this perspective, poverty can be defined as the absence of resources -- physical, social, and ethical -- necessary for the establishment of conditions, which promote the moral, material, and creative capacities of individuals, communities, and institutions. Guided by this definition and the belief in the inherent goodness and essential spiritual nature of every human being, we submit the following recommendations to the United Nations on the occasion of its review of the United Nations Decade for the Eradication of Poverty.

Overcome the limitations of particularistic mindsetsThe eradication of poverty will require a fundamental paradigm shift on the part of nations and individuals. Our particularistic frames of reference -- defined by ethnic or religious community, nation, 'North' and 'South,' 'developed' and 'developing,' or regional alliances -- must gradually give way to an emerging sense of global solidarity and responsibility. Facilitated by efforts to integrate human rights into development and security frameworks, initiatives to create more just systems of trade and finance, evolving concepts of sovereignty, a growing body of international law, and a dramatic increase in travel and communication technology, such a shift is already well underway. We must now strive to enlarge our notions of responsibility and citizenship until we come to understand the struggles and progress of other peoples and nations as our own. Such a paradigm shift represents a practical response to the recognition that peace and prosperity are indivisible and that no sustainable benefit can be conferred on a nation or community if the welfare of the nations as a whole is ignored or neglected.

Enhance local deliberative and problem-solving capacityOften the target populations of poverty eradication projects are perceived as masses of undernourished people, overwhelmed by their circumstances and needs rather than capable agents of change in their communities. The challenge for development efforts is to find methods that allow individuals and communities to solve their own problems; the ability of a community to take on more complex social issues is a key indicator of progress. One of the essential skills involved is that of group decision-making -- bringing together diverse views, searching for the best solution, and generating commitment and solidarity to carry the decision through.

Implement gender-based budgetingMany studies confirm that female poverty cannot be conceptualized the same way as male poverty, given that women's social and cultural roles and their relationship to systems of power and authority differ from those of men.4 These differences, however, are rarely reflected in official poverty statistics and, consequently, do not inform resource allocation at local, national, and regional levels.5 In order for governments to fulfill their commitments to gender equality, public expenditures must include a gender analysis -- involving women in budget decision-making and assessing the impact of fiscal measures on the status of women in the community.

As women hold approximately 15% of elected parliamentary seats globally, the power to legislate and effect change at the national and global levels rests primarily with men. It is equally their responsibility to push for the unconditional ratification of the Convention for the Elimination of All Forms of Discrimination Against Women by member states and to put in place accountability mechanisms when commitments are not followed through. The extension of opportunities to women and the emergence of new forms of partnership between men and women have the potential to revolutionize every institution of society from the family to the government -- creating the very conditions that make progress and prosperity possible.

Create rural centers of technology training and researchWhile the adoption of new technologies is integral to development, too often -- under the guise of 'modernization'-- these have been inappropriate to the culture and community into which they were introduced. Alongside Millennium Development Goals calling for the sharing of information and communication technologies, equally important is the creation of local institutions, such as rural centers of technology training and research, constructively blending modern scientific methods with indigenous practices and thereby directly engaging local populations in the generation and implementation of new ideas. True development consists of the creation of indigenous capacity to participate in the generation of technologies for the benefit of the broader community.

Expand development indicators to assess ethical and moral capacitiesThe measures and indicators used to assess poverty and human development, such as the Gross National Product and the Human Development Index, largely determine what is valued and, as such, shape development policy and priorities. The progress of communities and nations requires not only material inputs and legal measures to secure order, but the development of moral capabilities to govern behavior and decision-making by individuals and institutions.

In an effort to advance the methods for assessing development at the community level from a moral perspective, the Bahá'í­ International Community has proposed the following set of principles as a basis for the construction of ethically-based development indicators: unity in diversity (the extent to which all members of a community are integrated into community life); equity and justice (to ensure that opportunity and access to material and social resources are fairly distributed); gender equality; trustworthiness; and freedom of thought, conscience and belief.6 These principles could be applied in the areas of economic development, education, environmental stewardship, and governance, for example, to generate development goals and construct new indicators to measure progress towards these goals.

Eliminate extremes of wealthExtremes of poverty are linked to extremes of wealth. Given the interconnectedness of the global economic system, one extreme cannot be abolished while the other is allowed to exist. In this regard, efforts to eradicate poverty must include an earnest re-evaluation of global systems and processes -- including governance, trade, and the private transactions -- that perpetuate the growing extremes of wealth and poverty. Greater corporate accountability should not be restricted to the environment and labor standards but also take into account the full panoply of human rights. The legitimacy and social benefit of one's material resources depend on the means by which they are acquired and the end to which they are used.

While the Millennium Development Goals have focused the world's development agenda for the next ten years, the United Nations must not limit its attention to this relatively short span of time -- which confines it to a primarily reactive mode. Alongside short-term goals, the United Nations, with academia and civil society, needs to consider longer-term scenarios and desired outcomes. Such an orientation would allow it to examine a wider range of policy and programmatic options and to cultivate a diversity of intellectual contributions, thereby enriching the visioning process. Let us not be content with minimum standards, narrow material goals, and compromise positions but rather cast a vision of prosperity that can inspire the masses of humanity to work towards its realization in a deliberate act of global solidarity.

Notes

1. Jeffrey Sachs, "Clinical Economics," The End of Poverty: Economic Possibilities for Our Time (New York: The Penguin Press, 2005).

2. While the Millennium Development Goals set out to promote gender equality, education, social inclusion and environmental sustainability, they focus primarily on people's material needs, including income poverty, hunger, disease, and provision of shelter.

3. This is consistent with Article 28 of the Universal Declaration of Human Rights, which states that, "Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized."

4. Social Watch Report 2005 ? Roars and Whispers: Gender and Poverty, Promises vs. Action. http://www.socialwatch.org/en/informeImpreso/informe2005.htm

5. Karen Judd, ed., Gender Budget Initiatives: Strategies, Concepts, and Experiences (New York: The United Nations Development Fund for Women, 2002).

6. Bahá'í­ International Community, Valuing Spirituality in Development: Initial Considerations Regarding the Creation of Spiritually Based Indicators for Development, a concept paper written for the World Faiths Development Dialogue, Lambeth Palace, London (London: The Bahá'í­ Publishing Trust, 1998).

Quadrennial Report to the United Nations Economic and Social Council

Quadrennial Report to the United Nations Economic and Social Council

New York—1 December 2005

Introduction.

The Baha'i International Community is an international non-governmental organization with affiliates[1] in over 180 countries and territories, which together represent over 5 million members of the Baha'i Faith. As an international NGO, the Baha'i International Community interacts and cooperates with the United Nations, its specialized agencies, with governments, as well as with inter-governmental and non-governmental organizations. The Community seeks to promote and apply principles – derived from the teachings of the Baha'i Faith – which contribute to the resolution of current day challenges facing humanity and the development of a united, peaceful, just, and sustainable civilization. At this time, the work of the Community focuses on the promotion of a universal standard for human rights, the advancement of women, and the promotion of just and equitable means of global prosperity.

Summary of Activities Supporting the Work of the UN.

The Baha'i International Community monitored all routine and special sessions of the General Assembly, and annual sessions of ECOSOC, its commissions, sub-commissions, committees, and working groups, contributing as appropriate. Commissions attended included those on Human Rights (and its sub-commission on the Promotion and Protection of Human Rights), the Status of Women, Social Development, Sustainable Development, as well as regional commissions. The Community also participated in the UN Forum on Indigenous Issues, the UN Special Session on Children, the World Assembly on Ageing, the World Summit on Sustainable Development, the World Summit on the Information Society, the Global Forum on Internet Governance, the General Assembly World Summit, and the International Criminal Court Assembly of States Parties, among others.

Leading up to the General Assembly’s World Summit, the Baha'i International Community closely followed negotiations and recommendations concerning UN reform, making submissions to the Commissions and UN offices as appropriate. BIC representatives were chosen by UN organizers from among many NGOs to participate in two pioneer events leading up to the World Summit: the UN Conference on Interfaith Cooperation and Peace and the General Assembly’s interactive hearings. Special contributions in areas of interest are highlighted below.

From January 2002 to December 2005, representatives of the Baha'i International Community attended over 300 UN-sponsored meetings, contributing 29 statements and position papers, including 6 joint statements. (See Annexes I and II for complete lists of meetings and statements. Statements can be accessed at http://www.bic.org/.

Advancement of Women.

As Chair of the NGO Committee on the Status of Women, the Baha'i International Community played a pivotal role in facilitating and organizing the participation of over 2,500 civil society representatives from nearly 600 NGOs at both the 48th and 49th sessions of the Commission on the Status of Women. The Community’s representatives also chaired the Commission on the Status of Women International Planning Group. The Baha'i International Community’s Principal Representative addressed the International Conference on Gender Mainstreaming (co-sponsored by the Office of the Pakistani Prime Minister) and spoke on a UN High-Level Panel marking UN efforts to promote gender equality. The Community offered a statement on the Role of Men and Boys in achieving gender equality.

Human Rights.

The Baha'i International Community took an active role in commemorating the 25th anniversary of the adoption of the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Leading up to this anniversary, the Community issued a statement stressing the importance of religious freedom, titled Freedom to Believe: Upholding the Standard of the Universal Declaration of Human Rights. This was followed by a BIC-hosted Symposium with expert speakers to discuss the status of this right under international law.  BIC served as Co-Chair of the Faith and Ethics Network for the International Criminal Court, representing the Network at meetings with the International Criminal Court and UN officials.

The Community actively followed the work of the Human Rights Commission, meeting with special mechanisms on a regular basis and making statements pertaining to issues under consideration by the Commission. Representatives closely monitored the negotiations concerning the mandate of the proposed Human Rights Council and submitted recommendations for strengthening the human rights work of the UN.

Development and Global Prosperity.

In keeping with its goal of promoting just and equitable means of global prosperity, the Baha'i International Community closely monitored debates and proposals for UN reform. Commenting on the Secretary General’s report, “In Larger Freedom,” the Community put forth concrete recommendations for strengthening the UN’s work in the area of human rights, gender, and development. On the 60th anniversary of the United Nations, the Community released a major statement, titled The Search for Values in an Age of Transition, in which it set out further recommendations for improving UN work in areas of collective security, development, human rights, and the promotion of democracy.

NGO Community Work.

As an active participant in UN/NGO activities, Baha'i International Community representatives served as officers on over 10 NGO committees, most notably as Chair of the NGO Committee on the Status of Women (one of the largest NGO Committees), Chair of the NGO Committee on Freedom of Religion or Belief, Co-Chair of the Faith and Ethics Network for the International Criminal Court, Vice-President of the NGO Committee Against Racism and Racial Discrimination, Secretary of the NGO Committee for Social Development, and Convener of Advocates for African Food Security.

Information Activities.

ONE COUNTRY is the quarterly newsletter of the Baha'i International Community. Each 16-page issue contains several in-depth feature stories on the United Nations, noteworthy social and economic development projects, environmental efforts or educational programs, along with an editorial that addresses world problems from a Baha'i point of view. It is published in English, French, Chinese, Russian, German and Spanish, and is currently mailed to more than 30,000 readers in more than 170 countries. The newsletter has included articles on the Commission on the Status of Women, the Commission on Social Development, the General Assembly’s Interactive Hearings, the UN Conference on Interfaith Cooperation and Peace, as well as features about UN reform.

ANNEX I

Baha'i International Community

Participation[2] at Sessions, Conferences and other Meetings

held by or related to the United Nations system

2002 - 2005

UN General Assembly

2002

Special Session on Children, 8-10 May 2002

Second Ad Hoc Committee for the Negotiation of a Convention Against Corruption,
Vienna, 17-28 June 2002

57th Session, New York, October-November 2002

Third Committee, New York, September - November 2002

2003

58th Session, New York, September-November 2003

Third Committee, New York, October-November 2003

2004    

59th Session, New York, October-November 2004

Third Committee, New York, October-November 2004

2005   

60th Session, World Summit, New York, September-December 2005

Third Committee, New York, October -November 2005

Informal Interactive hearings with non-governmental organizations, civil society organizations and the private sector, New York, June 2005

Economic and Social Council (ECOSOC)

2002 ECOSOC, New York, July 2002

2003 ECOSOC, Geneva, July 2003

2004 ECOSOC, New York, July 2004

2005 ECOSOC, New York, July 2005

UN Commission on Human Rights

2002

58th Session, Geneva, 18 March - 26 April 2002

2003

59th Session, Geneva, 17 March - 25 April 2003

Working Group for the protection of all persons from enforced disappearances, Geneva,
6-17 January 2003

Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action, Geneva, 20-31 January 2003

Open-ended Working Group on the right to development, Geneva, 3-14 February 2003

2004

60th Session, Geneva, 15 March - 23 April 2004

Working Group on the effective implementation of the Durban Declaration and Programme of Action, Geneva, 26 January - 6 February 2004

Inter-Sessional Open Ended Working Group mandated to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearances, Geneva,
4-8 October 2004

2005

61st Session, Geneva, 14 March - 22 April 2005

UN Sub-Commission on the Promotion and Protection of Human Rights

2002

54th Session, Geneva, 29 July - 16 August 2002

Working Group on Minorities, Geneva, 27-31 May 2002

2003

55th Session, Geneva, 28 July - 15 August 2003

Working Group of independent experts on people of African descent, Geneva,
3-7 February 2003

Working Group on Minorities, Geneva, 12-16 May 2003

2004

56th Session, Geneva, 26 July - 13 August 2004

Working Group on Minorities, Geneva, 1-5 March 2004

2005

57th Session, Geneva, 25 July - 12 August 2005

Working Group on Minorities, Geneva, 30 May – 3 June 2005

UN Commission on the Status of Women

2002

46th Session, New York, 4-15 March 2002

2003

47th Session, New York, 3-14 March 2003

NGO Consultation in preparation for the CSW, New York, 2 March 2003

Ending Violence Against Women, Panel co-sponsored with the UN Office of the High Commissioner for Human Rights, New York, 4 March 2003

Women, Religion and HIV/AIDS, Panel co-sponsored with World Council on Religions for Peace, New York, 6 March 2003

You Can’t Beat a Woman – High and low tech ways to prevent violence against women, Panel co-sponsored with other non-governmental organizations at the UN, New York,
5 March 2003

2004

48th Session, New York, 1 -12 March 2004

NGO Consultation in preparation for the CSW, New York, March 2004

The Role of Men and Boys in the Advancement of Women – from Myth to Reality, Workshop, New York, March 2004

1325 On Trial: A tribunal investigating the implementation of UN Security Council Resolution 1325 highlighting the role of men, Workshop co-sponsored with the Women’s National Commission of the United Kingdom, New York, March 2004

Pure, A One-Woman Play about Tahirih to celebrate International Women’s Day, New York, March 2004

2005

49th Session, New York, 27 February - 11 March 2005

NGO Consultation in preparation for the CSW, New York, March 2005

UN Commission for Social Development

2002

40th Session, New York, 11-27 February 2002

2004

42nd Session, New York, 4-13 February 2004

2005

43rd Session, New York, 8-18 February 2005

Civil Society Forum, Why Copenhagen Matters to the MDGs, co-sponsored with Division for Social Policy, DESA and the Friedrich Ebert Foundation, New York, February 2005

Participation Works: International Success Stories in the Fight Against Poverty, Workshop, co-sponsored with International ATD Fourth World Movement, New York, February 2005

UN Commission on Sustainable Development

2002

10th Session, New York, 30 April - 2 May 2002

2004

12th Session, New York, 19 April - 30 May 2004

Reception for the UN Decade on Education for Sustainable Development, co-sponsored with UNESCO, New York, 26 April 2004

2005

13th Session, New York, 11-22 April 2005

The Role of Faith Communities in Education for Sustainable Development: Water, Sanitation and Human Settlements, Workshop, New York, April 2005

Engaging Faith Communities in the Decade of Education for Sustainable Development, Workshop, New York, April 2005

Economic Commission for Latin America & the Caribbean

2004

30th Session, San Juan, Puerto Rico, 28 June - 2 July 2004

Partnerships for a New Era: Achieving the Millennium Development Goals, Seminar, Santiago, Chile, 1-4 June 2003

UN Economic and Social Commission for Asia and the Pacific

 

2004

60th Session, Shanghai, China, 22-28 April 2004

Thematic Working Group on Women’s Empowerment and Gender Equality, Bangkok, Thailand, 3 June 2004

UN Treaty Monitoring Bodies

Committee on the Elimination of Discrimination Against Women – Sessions

2002

New York, 14 January - 1 February 2002

New York, 3-21 June 2002

Exceptional Session, New York, 5-23 August 2002

2003

New York, 30 June - 18 July 2003

2004

New York, 6-23 July 2004

Committee on Social, Economic and Cultural Rights– Sessions

2002

Geneva

Committee on the Rights of the Child (CRC) – Sessions

2002

Geneva

2004

Geneva

2005

Geneva

Committee on the Elimination of Racial Discrimination (CERD) – Sessions

2003

Geneva

Human Rights Committee – Sessions

2002

Geneva

2004

Geneva

UNICEF (United Nations Children’s Fund)

2002

Executive Board meeting, New York, 3-7 June 2002

2003

Executive Board meeting, New York, 2-6 June 2003

Second Regular Session of the Executive Board, New York, 15-19 September 2003

UNHCHR (UN High Commissioner for Human Rights)

Ninth Annual Meeting of Special Procedures, Geneva, 26 June 2002

Tenth Annual Meeting of Special Procedures, Geneva, 23-27 June 2003

Eleventh Annual Meeting of Special Procedures, Geneva, 21-25 June 2004

Twelfth Annual Meeting of Special Procedures, Geneva, 21-25 June 2005

UNHCR (United Nations High Commissioner for Refugees)

2002

Executive Committee of the High Commissioner’s Programme (Excom), 53rd session,
Geneva, 30 September - 4 October 2002

Pre-Executive Committee Meeting with NGOs sponsored by UNHCR, Geneva,
25-27 September 2002

2003

Executive Committee of the High Commissioner’s Programme (Excom), 54th session,
Geneva, 29 September - 3 October 2003

World Bank

Faith and Development Leaders Gathering: World Faiths Development Dialogue, Dublin, Ireland, 30 January - 1 February 2005

UN Conferences, Summits, Ministerial Meetings, Seminars and Related Events

2002

Stocktaking After Durban, event sponsored by OHCHR, Geneva, 22 March 2002

Combating Racism and Promoting Women’s Human Rights, event sponsored by OHCHR, Geneva, 10 April 2002

Second World Assembly on Ageing, Madrid, Spain, 8-12 April 2002

World Summit on Sustainable Development, Johannesburg, South Africa, 26 August -
 4 September 2002

55th Annual UN-DPI-NGO Conference, New York, 9-11 September 2002

Seminar of Experts – African region, sponsored by OHCHR Anti-Discrimination Unit, Nairobi, Kenya, 16-18 September 2002

Briefing for Follow up to Special Session of the UN GA (UNGASS) and a World Fit for Children (WFFC), sponsored by UNICEF, Geneva, 1 October 2002

NGO-UNICEF Meeting for Western Europe, Geneva, 28-29 October 2002

Accelerating Progress on Girls’ Education, event sponsored by UNICEF, New York, 31 October 2002

2003

World Summit on the Information Society, PrepCom III, Geneva, 15-26 September 2003

World Summit on the Information Society, PrepCom IV, Geneva, 10-14 November 2003

World Summit on the Information Society, Phase I, Geneva, 8-12 December 2003

Implementation of the Third Decade to Combat Racism and Racial Discrimination, event sponsored by OHCHR and UNESCO, Paris, 19-20 February 2003

The Role of Men and Boys in Achieving Gender Equality, sponsored by the UN Division for the Advancement of Women, ILO and UNAIDS, Brasilia, Brazil, 21-24 October 2003

Education: The Right of Every Girl and Boy, co-sponsored by UNICEF and UNESCO, New Delhi, India, 2003

2004

Global Forum on Internet Governance, New York, 25-26 March 2004

Women, Democracy and Islam, Presentation by 2003 Nobel Peace Prize Laureate, Shirin Ebadi, sponsored by UNDP, New York, 2 June 2004

57th Annual UN Department of Public Information NGO Conference, Millennium Development Goals: Civil Society Takes Action, New York, 8-10 September 2004

Panel: Getting to Yes for the MDGs – How good are your global communication skills?  Co-sponsored with WFUNA and the Universal Esperanto Association, New York, 10 September 2004

International Forum on Social Development: Equity, Inequalities, and Interdependence, New York, 5-6 October 2004

High-Level Commemorative Roundtable for the 25th Anniversary of the adoption of CEDAW by the UN General Assembly, New York, 13 October 2004

2005

In preparation for the General Assembly World Summit, New York (in September 2005):

Speaker, Civil Society Hearings, “Strengthening the United Nations”, June 2005

Speaker, Civil Society Hearings, “Freedom to Live in Dignity”, June 2005

World Summit on the Information Society, PrepCom 2, Geneva, 17-25 February 2005

World Summit on the Information Society, PrepCom 3, Geneva, 18-27 September 2005

World Summit on the Information Society Phase II, Tunis, Tunisia, 16 - 18 November 2005

Third Forum on Human Development, Cultural identity, democracy and global equality, co-sponsored by the Ministry of Foreign Affairs of France and the United Nations Development Programme, Paris, France, January 2005

UN Commemoration of 30 Years of United Nations Efforts to Promote Gender Equality, New York, 4 March 2005

Conference on Interfaith Cooperation for Peace, New York, 22 June 2005

United Nations Educational, Social and Cultural Organization (UNESCO) World Heritage Committee Session, South Africa, 10-17 July 2005

International Criminal Court Assembly of State Parties, 4th Session, The Hague, Netherlands, 28 November - 3 December 2005

Consultative  Meetings prior to the Establishment of the Human Rights Council 

2005   

The UN Reform Process, sponsored by the EU Commissioner for External Relations, New York, 14 September 2005

Third Assembly for Human Rights, Geneva, 10 October 2005

Informal Meetings of the Taskforce on the Human Rights Council, New York, November 2005

Informal Consultations of the Commission on Human Rights with the General Assembly President, Geneva, 22 November 2005

Francophone Seminar on the Human Rights Council, Geneva, 25-26 November 2005

The Status of the Human Rights Council, Panel Discussion organized by the UNHCHR, New York, 6 December 2005

Transforming the Commission on Human Rights into the Human Rights Council, sponsored by the UN Association of the United States, New York, 8 December 2005

NGO and Government Sponsored Events on UN Themes

2002

Regional Seminar – Euro-Mediterranean Partnership, Cultural Diversity and Universality of Human Rights, Rabat, Morocco, 9-12 May 2002

Panel Discussion with Board Members of the Center for Studies of the Holocaust and of Religious Minorities of Norway, New York, 30 May 2002

NGO Forum for the ECOSOC High Level Segment, New York, 14 June 2002

World Civil Society Forum, Geneva, 14-19 July 2002

First Social Forum, Geneva, 25-26 July 2002

Senior-level NGO Consultation on Follow-up to the UN Special Session on Children, sponsored by UNICEF, New York, 25-26 July 2002

Conference: Global Peace Initiative of Women Religious and Spiritual Leaders, Geneva,
7-9 October 2002

Conference: The Role of Religion and Belief in a Democratic Society, Azerbaijan, 10-11 October 2002

Conference: Civil Society and the Democratization of Global Governance, sponsored by Montreal International Forum, Montreal, Canada, 13-16 October 2002

Dialogue of Cultures and Culture of Peace, sponsored by the Swiss Government and the African Academy for Peace, Geneva, 5 November 2002

2003

UN NGO/DPI Briefing, 15 May 2003

Conference: Clash or Consensus? Gender and Human Security in a Globalized World, Women’s Learning Partnership and Global Fund for Women, John Hopkins University (SAIS), Washington DC, 8-9 October 2003

Discussion with Yakin Ertürk, Special Rapporteur of the Commission on Human Rights on violence against women, its causes and consequences, New York, 14 November 2003

Special Tea in honor of the two Grantees of UNIFEM’s Trust Fund to Eliminate Violence Against Women, 21 November 2003

2004

Parliament of World Religions, Barcelona, Spain 4-11 July 2004

Breakfast Roundtable on Gender Mainstreaming sponsored by the Canadian Mission, New York, 8 July 2004

World Social Forum, Geneva, 22-23 July 2004

Conference: Inter-Parliamentary Conference on Human Rights and Religious Freedom, Brussels, Belgium 5-8 August 2004

International Day for the Eradication of Poverty, Panel Discussion co-sponsored by the International ATD Fourth World Movement and the UN Department of Economic and Social Affairs, New York, 14 October 2004

Conference: “Women Defending Peace”, Geneva, 22-24 November 2004

2005

Annual Meeting of the World Economic Forum, Davos, Switzerland, 26-30 January 2004

Development Conference on Socio-Economic Policies for Achieving the Millennium Development Goals, New York, 14-15 March 2005

International Conference on Gender Mainstreaming and the Millennium Development Goals, Islamabad, Pakistan, 28-30 March 2005

Asian-African Workshop on the Role of Women and Youth, Asian-African Summit, Jakarta,

Indonesia, 19 April 2005

Conference on Interfaith Cooperation for Peace, New York, 22 June 2005

Luncheon for the Third Committee Delegates to the UN General Assembly, New York, 23 June 2005

Middle East and North Africa (MENA) Regional Consultation on Violence Against Children, Cairo, Egypt, 27-29 June 2005

Conference: Global Conference from Reaction to Prevention: Civil Society Forging Partnerships to Prevent Violent Conflict and Build Peace, Global Partnership for the Prevention of Armed Conflict, New York, 19-21 July 2005

Third Social Forum – Poverty and Economic Growth: Challenges to Human Rights, Geneva, 21-22 July 2005

Reception in honor of Ms. Ruth Bamela Engo-Tjega, Senior Economic Affairs Officer, Office of the Special Coordinator for Africa and the Least Developed Countries, New York,
27 September 2005

Symposium:  Freedom to Believe: Upholding the Standard of the Universal Declaration of Human Rights, New York, 25 October 2005

ANNEX II

Baha'i International Community

Statements to United Nations Conferences, Commissions

Related Consultative Gatherings

2002 - 2005

1. Written statements by the Baha'i International Community

2002

Religion and Development at the Crossroads: Convergence or Divergence? Statement prepared for the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August – 4 September 2002

For the Betterment of the World, a written statement for the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August – 4 September 2002

Maintaining a Political Momentum for the Children’s Agenda, statement presented to the Senior-level NGO Consultation on Follow-up to the UN Special Session on Children, sponsored by UNICEF, New York, 25-26 July 2002

Protection of Minorities, a written statement addressing agenda item 17 of the 54th session of the UN Commission on Human Rights, Geneva, 16 March – 24 April 1998 [E/CN.4/1998/NGO/14]

2003

Situation of the Baha'is in Iran, statement to the 59th session of the UN Commission on Human Rights, Geneva, 17 March – 25 April 2003

Statement on Religious Tolerance, statement to the 59th session of the UN Commission on Human Rights, Geneva, 17 March – 25 April 2003

2004

Situation of the Baha'is in Iran, statement to the 60th session of the UN Commission on Human Rights, Geneva, 15 March – 23 April 2004

Overcoming Corruption and Safeguarding Integrity in Public Institutions: A Baha'i Perspective, statement to the 42nd Commission on Social Development, New York, 4-13 February 2004

The Role of Men and Boys in Achieving Gender Equality, statement to the 48th session of the Commission on the Status of Women, New York, 1-12 March 2004 [E/CN.6/2004/NGO/1]

2005

Situation of the Baha'is in Iran, statement to the Committee on the Rights of the Child, Geneva, Switzerland, 10-18 January 2005

Baha'i International Community Response to the Secretary General’s Report, ‘In Larger Freedom: towards development, security and human rights for all’, statement to UN-NGLS, New York, 20 April 2005

Freedom to Believe: Baha'i International Community’s Response to the United Nations Development Programme 2005 Human Development Report, submitted to UNDP, New York, 30 April 2005

Freedom to Believe: Upholding the Standard of the Universal Declaration of Human Rights, New York, 6 October 2005

The Search for Values in the Age of Transition, statement on the occasion of the 60th anniversary of the United Nations, New York, 21 September 2005

A New Framework for Global Prosperity, statement submitted to the 44th session of the Commission for Social Development, New York, 8 November 2005, [E/CN.5 /2006/NGO/4]

2. Oral statements by the Baha'i International Community

2002

The Situation of the Baha'is in the Islamic Republic of Iran, statement to the 58th session of the UN Commission on Human Rights, Geneva, 18 March – 26 April 2002

The Situation of the Baha'i Community in Egypt, statement to the 58th session of the UN Commission on Human Rights, Geneva, 18 March – 26 April 2002

Statement on Minorities, presented to the 54th session of the UN Sub-Commission on the Promotion and Protection of Human Rights, Geneva, 29 July – 16 August 2002

Statement on Minorities, presented to the 8th session of the Working Group on Minorities, Geneva, 27-31 May 2002

2003

Situation of the Baha'is in Iran, statement to the 59th session of the UN Commission on Human Rights; Geneva, 17 March – 25 April 2003

Situation of the Baha'is in Egypt, statement to the 59th session of the UN Commission on Human Rights, Geneva, 17 March – 25 April 2003

2004

Situation of the Baha'is in Iran, statement to the 60th session of the UN Commission on Human Rights, Geneva, 15 March – 23 April 2004

Situation of the Baha'is in Egypt, statement to the 60th session of the UN Commission on Human Rights, Geneva, 15 March – 23 April 2004

Situation of the Baha'is in Iran, statement to the 56th session of the UN Sub-Commission on the Promotion and Protection of Human Rights, Geneva, 26 July – 13 August 2004

Intervention about the link between humanity’s coming of age and globalization, statement to the International Forum on Social Development: Equity, Inequalities, and Interdependence, New York, 5 October 2004

2005

Situation of the Baha'is in Iran, statement to the 61st session of the UN Commission on Human Rights, Geneva, 14 March – 22 April 2005

Situation of the Baha'is in Egypt, statement to the 61st session of the UN Commission on Human Rights, Geneva, 14 March – 22 April 2005

Situation of the Baha'is in Iran, statement to the 57th session of the UN Sub-Commission on the Promotion and Protection of Human Rights, Geneva, 25 July – 12 August 2005

Situation of the Baha'is in Egypt, statement to the 57th session of the UN Sub-Commission on the Promotion and Protection of Human Rights, Geneva, 25 July - 12 August 2005

Commemoration of 30 Years of United Nations Efforts to Promote Gender Equality – Observance of International Women’s Day, New York, 8 March 2005

3. Joint statements either written or signed by the Baha'i International Community

2002

Oral joint statement of the NGO Committee on UNICEF, presented to the First Session of the 2002 UNICEF Executive Board, New York, 3 June 2002

2003

Joint statement of the NGO Committee on UNIFEM, presented to the 47th Commission on the Status of Women, New York, 3-14 March 2003

Joint letter of disappointment at the Commission’s failure to reach agreed conclusions from number of NGOs on the NGO Committee on UNIFEM and the NGO Committee on the Status of Women, to the Commission on the Status of Women, New York, 3-14 March 2003

2004

Oral Statement on behalf of the World Summit on the Information Society Ethics and Values Caucus, to the Global Forum on Internet Governance, New York, 25 March 2004

Joint statement of the NGO Committee on UNIFEM, to the 30th session of the Committee on the Elimination of Discrimination Against Women, New York, 6-23 July 2004 [E/CN.6/2004/NGO/6 and E/CN.6/2004/NGO/32]

2005

Joint statement of the WSIS Ethics and Values Caucus, On behalf of Values and Ethics Caucus – Statement and Proposals for Subcommittee A Working Group, to PrepCom III of the World Summit on Information Society, Geneva, 18-27 September 2005

Annex III

Baha'i International Community

Membership

2002 - 2005

The Baha'i International Community, with international headquarters in Haifa, Israel, has over 5 million members in approximately 8,900 organized local communities in 235 countries and territories.  They are organized as 178 national (or regional) affiliates. Affiliates as of December 2005 are as follows:

Africa: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Chad, Congo Republic, Côte d'Ivoire, Democratic Republic of the Congo, Equatorial Guinea, Eritrea, Ethiopia, Gabon, The Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Réunion, Rwanda, Sao Tomé-Principe, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.

Europe: Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom.

America: Antigua-Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Greenland, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, St. Kitts, St. Lucia, St. Vincent & the Grenadines, Suriname, Trinidad, United States, Uruguay, Venezuela.

Pacific: Australia, Cook Islands, Fiji, Kiribati, Mariana Islands, Marshall Island, New Caledonia, New Zealand, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu.

Asia: Bahrain, Bangladesh, Cambodia, Hong Kong, India, Indonesia, Japan, Jordan, Kazakhstan, Korea Republic, Kuwait, Kyrgyzstan, Lao PDR, Lebanon, Macau, Malaysia, Mongolia, Myanmar, Nepal, Oman, Pakistan, Philippines, Qatar, Singapore, Sri Lanka, Tajikistan, Thailand, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen Republic.


[1] These affiliates are democratically elected nine-member councils called “National Spiritual Assemblies” that guide the affairs of the Baha'i community in their respective region.

[2] Participation as observer unless otherwise noted.

The Search for Values in an Age of Transition

The Search for Values in an Age of Transition

The Baha’i International Community’s statement on the 60th anniversary of the United Nations.

2 October 2005

I

In 1945, the founding of the United Nations gave a war-weary world a vision of what was possible in the arena of international cooperation and set a new standard by which to guide diverse peoples and nations towards a peaceful coexistence. Against the backdrop of the most calamitous war in human history, the creation of a world organization for the protection of the dignity, equal rights, and security of all peoples and nations was an extraordinary feat of statecraft. Sixty years later, the questions that fuelled the San Francisco Conference assert themselves anew: Why have the current systems of governance failed to provide for the security, prosperity, and well-being of the world’s people? What responsibilities do nations have towards their neighbors and their citizens? What fundamental values should guide relationships between and within nations to secure a peaceful future?  

In the collective effort to find answers to these questions, a new paradigm is taking hold – that of the interconnected nature of our challenges and our prosperity. Whether the issue is poverty, the proliferation of weapons, the role of women, AIDS, global trade, religion, environmental sustainability, the well-being of children, corruption, or the rights of minority populations – it is clear that none of the problems facing humanity can be adequately addressed in isolation from one another. The blurring of national boundaries in the face of global crises has shown, beyond a doubt, that the body of humankind represents one organic whole.[1] The practical implications of this emergent paradigm for the reform of the United Nations are the focus of the Baha'i International Community’s contribution on the 60th anniversary of this august body.[2]

The processes of United Nations reform must be understood as part of a broader evolutionary course, starting with early forms of international cooperation such as the League of Nations and leading to increasing levels of coherence in the administration of human affairs, facilitated by the creation of the United Nations, the Universal Declaration of Human Rights, the growing body of international law, the emergence and integration of newly independent states, and mechanisms for regional and global cooperation. The last fifteen years alone have seen the establishment of the World Trade Organization, the International Criminal Court, the African Union, the significant expansion of the European Union, the global coordination of civil society campaigns, and the articulation of the Millennium Development Goals – an unprecedented global development framework aimed at the eradication of poverty worldwide. In the course of these developments, the definition of state sovereignty – a cornerstone of the modern system of international relations and a foundational principle of the United Nations Charter – has itself emerged as the object of vigorous debate: what are the limits of traditional notions of sovereignty? What responsibilities do States have towards their citizens and towards each other? How should such responsibilities be enforced?[3] Although uneven and fraught with setbacks, the emergent institutions, movements, and discourse evidence an increasing drive towards unity in world affairs and constitute one of the pervasive features of social organization at the end of the 20th century and in the first years of the new millennium.

Why, then, given the dramatic increase of mechanisms and fora for cooperation is the world so deeply divided against itself?  Why the universal affliction, which assails relations between those of different cultures, creeds, religions, political affiliations, economic status, and gender? To answer these questions, we must examine dispassionately the legal standards, political and economic theories, values and religious formulae, which have ceased to promote the welfare of humankind. The advancement of men and boys at the expense of women and girls has sorely limited the creative and material capacities of communities to develop and address their problems; the neglect of cultural and religious minorities has intensified ancient prejudices setting peoples and nations against one another; an unbridled nationalism has trampled the rights and opportunities of citizens in other nations; weak states have erupted in conflict, lawlessness, and massive refugee flows; narrow economic agendas exalting material prosperity have often suffocated the social and moral development required for the equitable and beneficent use of wealth. Such crises have laid bare the limits of traditional approaches to governance and put before the United Nations the inescapable question of values: which values are capable of guiding the nations and peoples of the world out of the chaos of competing interests and ideologies towards a world community capable of inculcating the principles of justice and equity at all levels of human society? 

The question of values and their inextricable link to systems of religion and belief has emerged on the world stage as a subject of consuming global importance, which the United Nations cannot afford to ignore. While the General Assembly has passed a number of resolutions addressing the role of religion in the promotion of peace and calling for the elimination of religious intolerance,[4] it struggles to grasp fully both the constructive role that religion can play in creating a peaceful global order and the destructive impact that religious fanaticism can have on the stability and progress of the world. A growing number of leaders and deliberative bodies acknowledge that such considerations must move from the periphery to the center of debate – recognizing that the full impact of religion-related variables[5] on governance, diplomacy, human rights, development, notions of justice and collective security must be better understood.6] Neither political leaders nor academics foresaw such a widespread re-emergence of religion in the public sphere, nor did the practice of international relations develop the conceptual tools to address religion in a meaningful way.[7] Our inherited notions of religion as an irrelevant and obstructionist voice in the international public sphere offer no help in resolving the complex problems before the leaders of the world’s nations. In fact, the appropriate role of religion in the public sphere is one of the most pressing issues of our time.

That religions have been manipulated and used for the accomplishment of narrow ends cannot be denied. Yet, a careful historical analysis reveals that the periods of greatest advancement in human civilization have been those where both faith and reason were permitted to work together, drawing on the resources of the totality of human insight and experience. For example, during the height of Muslim civilization, sciences, philosophy, and the arts flourished; a vibrant culture of learning propelled the human imagination to new heights, providing, among others, the mathematical basis for many of today’s technological innovations. Among humanity’s diverse civilizations, religion has provided the framework for new moral codes and legal standards, which have transformed vast regions of the globe from brutish and often anarchical systems to more sophisticated forms of governance. The existing debate about religion in the public sphere, however, has been driven by the voices and actions of extreme proponents on both sides – those who impose their religious ideology by force, whose most visible expression is terrorism – and those who deny any place for expressions of faith or belief in the public sphere. Yet neither extreme is representative of the majority of humankind and neither promotes a sustainable peace.

At this juncture of our evolution as a global community, the search for shared values beyond the clash of extremes is paramount for effective action. A concern with exclusively material considerations will fail to appreciate the degree to which religious, ideological, and cultural variables shape diplomacy and decision-making. In an effort to move beyond a community of nations bound by primarily economic relationships to one with shared responsibilities for one another’s well-being and security, the question of values must take a central place in deliberations, be articulated and made explicit. While the United Nations has repeatedly emphasized the need for multilateralism, such efforts alone, while a step in the right direction, will not provide a sufficient basis for community building between nations; collaboration alone does not confer legitimacy or ensure benevolent outcomes for the greater good. In order to fulfill the promises of the United Nations Charter, the Universal Declaration of Human Rights and subsequent treaties and resolutions, we can no longer be content with a passive tolerance of each other’s worldviews; what is required is an active search for those common values and moral principles which will lift up the condition of every woman, man, and child, regardless of race, class, religion or political opinion.

We assert that the emerging global order, and the processes of globalization that define it, must be founded on the principle of the oneness of humankind. This principle, accepted and affirmed as a common understanding, provides the practical basis for the organization of relationships between all states and nations. The increasingly apparent interconnectedness of development, security and human rights on a global scale confirms that peace and prosperity are indivisible – that no sustainable benefit can be conferred on a nation or community if the welfare of the nations as a whole is ignored or neglected. The principle of the oneness of humankind does not seek to undermine national autonomy or suppress the cultural and intellectual diversity of the peoples and nations of the world. Rather, it seeks to broaden the basis of the existing foundations of society by calling for a wider loyalty, a greater aspiration than any that has animated the human race. Indeed, it provides the moral impetus needed to remold the institutions of governance in a manner consistent with the needs of an ever-changing world.

From the teachings of the Baha'i Faith, we offer the following vision, in the realization of   which the members of the worldwide Baha'i community across 191 nations are engaged:

“A world community in which all economic barriers will have been permanently demolished and the interdependence of capital and labour definitely recognized; in which the clamor of religious fanaticism and strife will have been forever stilled; in which the flame of racial animosity will have been finally extinguished; in which a single code of international law—the product of the considered judgment of the world’s federated representatives—shall have as its sanction the instant and coercive intervention of the combined forces of the federated units; and finally a world community in which the fury of a capricious and militant nationalism will have been transmuted into an abiding consciousness of world citizenship[8]

II

In light of the foregoing analysis and the areas currently under consideration by the United Nations, we offer the following recommendations as concrete steps towards the realization of a more just and effective United Nations system. Our recommendations address human rights and the rule of law, development, democracy, and collective security.

Human Rights and the Rule of Law

No effective and peaceful international order can be founded and sustained unless it is firmly grounded in the principles of justice and the rule of law. An adherence to such principles provides the requisite stability and legitimacy required to gain the support of peoples and nations that the system aims to serve. We offer the following recommendations:

  1. The grave threats posed by religious extremism, intolerance and discrimination require the United Nations to address this issue openly and earnestly. We call on the United Nations to affirm unequivocally an individual’s right to change his or her religion under international law. The General Assembly may request the International Court of Justice, under Article 96 of the United Nations Charter, to issue an advisory opinion on the issue of freedom of religion or belief. Specifically, the Court could be asked whether the principle of freedom of religion or belief has attained the status of jus cogens, customary international law, or is merely left to the interpretation of each state. Such a clarification would help to remove fallacious interpretations of this right and lend moral force to the condemnation of policies and practices that violate the principle of non-discrimination in matters of religion or belief.[9]
  2. Beyond the ongoing structural and functional reforms of the United Nations human rights machinery, the legitimacy of this machinery must be restored through its consistent adherence to the highest principles of justice, including those elaborated in the Charter of the United Nations and the Universal Declaration of Human Rights. Only in this way, will it secure the legitimacy and trust of Member States and their citizens required for it to exercise its mandate.
  3. The General Assembly should consider setting a timeline for the universal ratification of international human rights treaties.
  4. The Office of the High Commissioner of Human Rights, bolstered by the requisite moral, intellectual, and material resources, must now become the standard-bearer in the field of human rights and an effective tool in alleviating the suffering of individuals and groups whose rights are denied. 
  • As one of the most effective instruments for the protection of human rights, Special Procedures should receive adequate budgetary and administrative support. Government cooperation with Special Procedures should not only be limited to access to the country in question but, equally important, should include full consideration of subsequent recommendations. These should be reflected in the interactive dialogues between the Rapporteur and Member States.
  • The Public Information section of the Office of the High Commissioner should be developed in order to allow resolutions of the Commission on Human Rights/Human Rights Council, recommendations of the Special Procedures and concluding observations of the treaty monitoring bodies to be accorded more prominence in the media. This could include, for example, the translation of documents into relevant national languages in order to generate more publicity.
  • The Office of the High Commissioner, along with the Council, should continue its productive engagement with non-governmental organizations, which, since its inception, has contributed positively both to the work of the Office and to the development of non-governmental organizations’ capacity to interact meaningfully in this context.

Development

At the heart of human development must be the understanding that people are irreplaceable resources in a self-sustaining process of change. The challenge is to find methods that allow them to fully express this potential in all its dimensions. Development defined in terms of certain patterns of “modernization,” however, seems to refer exactly to those processes, which promote the domination of people’s material ambitions over their spiritual goals. While the search of a scientific and technologically modern society is a central goal of human development, it must base its educational, economic, political, and cultural structures on the concept of the spiritual nature of the human being and not only on his or her material needs. We offer the following recommendations:

  1. The capacity of people to participate in the generation and application of knowledge is an essential component of human development. As such, priority must be given to the education of girls and boys, women and men in order to enable them to set the path of their own development and to apply their knowledge in the service of the greater community. The United Nations should consider that in terms of economic investment, the education of girls may well yield the highest return of all investments available in developing countries considering both private benefits, as well as returns to family members and the greater community.[10]
  2. We submit for the consideration of the United Nations five spiritual principles, which may serve as a basis for the creation of indicators of human development, to be used alongside existing measures of development. These principles include: unity in diversity, equity and justice, equality of the sexes, trustworthiness and moral leadership, and the freedom of conscience, thought, and religion.[11]  
  3. The rich countries of the world have a moral obligation to remove export and trade distorting measures that bar the entry of countries struggling to participate in the global market. The Monterrey Consensus, which recognizes the importance of creating a ‘more open, rule-based, non-discriminatory and equitable’ system of trade is a step in the right direction.[12]
  4. Alongside reform in systems of trade, countries must facilitate the flow of labor and address the dehumanizing impact of trafficking in persons, which leads to widespread economic and sexual exploitation of people seeking a better life.

Democracy

We commend the international community for its commitment to democracy and to a freely elected government as a universal value. However, the standard of deliberation and truth-seeking required for the realization of goals set by the United Nations needs to go far beyond the patterns of partisanship, protest, and compromise that tend to characterize present day discussions of human affairs. What is needed is a consultative process at all levels of governance in which individual participants strive to transcend their respective points of view, in order to function as members of one body with its own interests and goals. Through participation and unity of purpose, consultation becomes the operating expression of justice in human affairs. Without this principled anchor, democracy falls prey to the excesses of individualism and nationalism, which tear at the fabric of the community - both nationally and globally.

Beyond the administration of material affairs, governance is a moral exercise. It is the expression of a trusteeship – a responsibility to protect and to serve the members of the social polity. Indeed, the exercise of democracy will succeed to the extent that it is governed by the moral principles that are in harmony with the evolving interests of a rapidly maturing human race. These include: trustworthiness and integrity needed to win the respect and support of the governed; transparency; consultation with those affected by decisions being arrived at; objective assessment of needs and aspirations of communities being served; and the appropriate use of scientific and moral resources.[13] We offer the following recommendations:

  1. To secure the legitimacy, confidence, and support needed for the realization of its goals, the United Nations needs to address the democratic deficits in its own agencies and deliberations.
  2. Thorough deliberation of the pressing issues of the day requires the United Nations to develop modes for constructive and systematic engagement with organizations of civil society (including businesses and religious organizations) as well as members of national parliaments. The relationship between civil society organizations, parliamentarians and the traditional diplomatic processes of the United Nations need not be one of competition but rather complementarity, rooted in the recognition that the relative strengths of all three constituencies are necessary for effective decision-making and subsequent implementation.[xii] We urge the United Nations to give serious consideration to the proposals put forth in the Report of the Panel of Eminent Persons on UN-Civil Society Relationships.[xiii]
  3. A healthy democracy must be founded on the principle of the equality of men and women and equal recognition of their contribution to the establishment of a just society. In its efforts to promote democracy, the Member States of the United Nations must vigilantly work for the inclusion of women in all facets of governance in their respective countries. This is not a privilege but a practical necessity for the achievement of the high-minded and complex goals before the Organization today. 
  4. The meaningful integration of minority groups in democratic processes is of critical importance – both to shield minorities from the abuses of the past and to encourage their participation and responsibility for the well-being of society. We urge Member States, in their work to promote democracy, to strive for the full inclusion of minorities – belonging to any faith, race, or class – in the processes of goal-setting and deliberation. As the cultural make-up of states becomes increasingly fluid and diverse, no one cultural or religious group can lay claim to an adequate definition of the national interest.

Collective Security

We welcome the United Nations’ efforts to articulate a more comprehensive vision of collective security, based on the understanding that in our interconnected world, a threat to one is a threat to all. The Baha'i Faith envisions a system of collective security within a framework of a global federation, a federation in which national borders have been conclusively defined, and in whose favor all the nations of the world will have willingly ceded all rights to maintain armaments except for purposes of maintaining internal order.[16] While cognizant of the grave shortfalls of the current system of collective security, we commend the Security Council for its landmark Resolution on “Women, Peace, and Security,”[17] recognizing for the first time in its history the needs of women and girls in conflict and post-conflict situations[18] and their enduring role in the promotion of peace. We offer the following recommendations:

  1. To address the democracy deficit and relentless politicization of the Security Council, the United Nations must in due course move towards adopting a procedure for eventually eliminating permanent membership and veto power.[19] Alongside procedural reforms, a critical change in the attitude and conduct are needed. Member States must recognize that in holding seats on the Security Council and as signatories to the Charter of the United Nations, they have a solemn moral and legal obligation to act as trustees for the entire community of nations, not as advocates of their national interests.[20]
  2. A definition of terrorism must be adopted. We agree with the Secretary-General’s characterization of terrorism as any action, “intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a Government or an international organization to do or abstain from doing any act.” Moreover, it is imperative that problems such as terrorism be consistently addressed within the context of other issues that disrupt and destabilize society.[21]
  3. We urge the United Nations to take the necessary steps to increase the participation of women at all levels of decision-making in conflict resolution and peace processes, locally, nationally and internationally, including the Department of Peacekeeping Operations.[22]

We believe the task of establishing a peaceful world is now in the hands of the leaders of the nations of the world, by virtue of the tremendous responsibilities with which they have been entrusted. Their challenge now is to restore the trust and confidence of their citizens in themselves, their government, and the institutions of the international order through a record of personal integrity, sincerity of purpose, and unwavering commitment to the highest principles of justice and the imperatives of a world hungering for unity. The great peace long envisioned by the peoples and nations of the world is well within our grasp.



[1] While the United Nations has begun to formally recognize the interdependence of human rights, development, and collective security, such a holistic perspective has been echoed throughout the contributions of civil society organizations to the work of the United Nations, as, for example at the global United Nations conferences including the Conference on Environment and Development (1992), the World Conference on Human Rights (1993), World Conference on Population and Development (1994), the Fourth World Conference on Women (1995), the World Summit for Social Development (1995), and the United Nations Conference on Human Settlements (1996).

[2] The Baha'i International Community, in its capacity as an international nongovernmental organization, has been actively involved with the United Nations since its founding conference in 1945. On the occasion of the United Nations’ 10th anniversary, the Baha'i International Community submitted its proposals for Charter Revision to the Secretary-General based on the recognition that “real sovereignty is no longer vested in the institutions of the national state because the nations have become interdependent; that the existing crisis is moral and spiritual as well as political; and that the existing crisis can only be surmounted by the achievement of a world order representative of the peoples as well as the nations of mankind (Baha'i International Community, Proposals for Charter Revision Submitted to the United Nations by the Baha'i International Community [1955],” The Baha'i World 1954 – 1963, Vail-Ballou Press, Inc., Binghamton, New York, 1970). In 1995, the Baha'i International Community released a statement on the 50th anniversary of the United Nations, which highlighted the trend toward the ever-increasing interdependence of humanity and presented proposals for the resuscitation of the General Assembly, development of the executive function, strengthening the world court, promoting economic and moral development, human rights and the advancement of women (Baha'i International Community, Turning Point for All Nations, Baha'i International Community’s United Nations Office, New York, 1995.) Throughout its history of association with the United Nations, the Baha'i International Community has contributed its vision and experience through submissions dealing with the advancement of women, human rights, the environment, global prosperity, and economic development, among others. 

[3] In 2000, in response to the alarming failure of the international community to intervene, or to intervene effectively, in massive crises such as Somalia, Bosnia, Kosovo, and Rwanda, the Canadian Government established a commission to address questions about the legal, moral, operational, and political dimensions of humanitarian intervention. The resulting International Commission on Intervention and State Sovereignty released its findings and central principles in a 2001 report titled, Responsibility to Protect. Repeated failure to intervene effectively in the crisis in Darfur, Sudan has lent even greater urgency to the definition of legal standards and operational norms for intervention.     

[4] For example, “Promotion of interreligious dialogue” (A/RES/59/23), the “Promotion of religious and cultural understanding, harmony and cooperation” (A/RES/59/142), the “Global Agenda for Dialogue Among Civilizations” (A/RES/56/6), the “Elimination of all forms of religious intolerance” (A/RES/59/199), and the UNESCO Director-General’s report (A/59/201) to the 59th Session of the UN General Assembly “Promotion of religious and cultural understanding, harmony and cooperation” (A/RES/58/128).

[5] These include, among others, religious teachings and interpretation, followers of religions, religious leaders and institutions.

[6] While a detailed description is beyond the scope of this statement, examples of the resurgence of religion as a matter of urgent political importance includes: widespread violence in the name of religion; spread of religious fundamentalism and its impact on political regimes; increasing tension between religion and States’ policies; challenges in the design of national and regional governing structures capable of satisfying demands for fair representation from different religious groups; social, political and economic integration of religious minorities; clashes between religious and civil law; impact of religion in international policy forums (i.e. International Conference on Population and Development, Cairo, 1994; Fourth World Conference on Women, Beijing, 1995); violation of human rights in the name of religion including the right to change one’s religion. Such developments are set against the increased efforts at inter-faith dialogue and cooperation between religious leaders and their communities; the impressive global networks of religiously inspired charitable and humanitarian organizations and movements calling attention to the ethical dimensions of global economic integration; the intellectual and moral legacy of religions in the articulation of moral principles (e.g. just war ethic); the capacity of religions to move individuals and groups towards selflessness, non-violence, and reconciliation. 

[7] Several factors have contributed to the near complete rejection of religion in concepts of international relations. First, the social sciences were based upon the work of those who believed that religion was giving way to rational and scientific modes of thought which would crush what they saw as the ignorance and superstition caused by religion, thereby ushering in a period of modernity. Second, “not only was international relations theory (like other social sciences) founded upon the belief that religion was receding from the world as an important factor, it can be argued that the modern context for the relations between states was founded on intentionally secular principles. The modern concept for the territorial state, the basis for modern international relations, was articulated by the Treaty of Westphalia in 1648,” which, “was designed to end the Thirty Years’ War between Protestant and Catholic States. In doing so, it developed a format for relations between states which did not include religion.” (Jonathan Fox and Shmuel Sandler (2005), “The Question of Religion and World Politics,” Terrorism and Political Violence, 17: 296-298).

[8] Shoghi Effendi, “The Goal of a New World Order” [1931], The World Order of Bahá’u’lláh (Wilmette, Ill.: Baha'i Publishing Trust, 1991).

[9] Baha'i International Community, Freedom to Believe (Baha'i International Community’s United Nations Office, New York, 2005).

[10] According to the World Bank, in addition to being more productive in market work, educated women have smaller families, fewer of their children die in infancy and the children who survive are healthier and better educated. Educated women are also better equipped to enter the paid labor force, which is critical to the survival of the many female-headed households in developing countries. Nations with higher levels of female school enrollment show higher levels of economic productivity, lower fertility, lower infant and maternal mortality, and longer life expectancy than countries that have not achieved as high enrollment levels for girls. (World Bank, “The Benefits of Education for Women” (1993), URL:  www.worldbank.org/html/extdr/hnp/hddflash/hcnote/hrn002.html)

[11] For a detailed discussion see: Baha'i International Community, Valuing Spirituality in Development: Initial Considerations Regarding the Creation of Spiritually Based Indicators for Development, a concept paper written for the World Faiths Development Dialogue, Lambeth Palace, London (The Baha'i Publishing Trust: London, 1998).

[12] The Monterrey Consensus, (A/CONF.198/11)

[13] In the 1980s and 1990s the world made dramatic progress in opening up political systems and expanding political freedoms. Over eighty countries took significant steps towards democracy, and today 140 of the world’s nearly 200 countries hold multiparty elections—more than ever before. Despite these positive developments, Gallup International’s Millennium Survey (1999) found that of the 50,000 people surveyed in 60 countries, less than a third felt that their country was governed by the will of the people. Only 1 in 10 respondents said that their government responded to the people’s will.

[14] Over the last five years, the United Nations has generated numerous examples of innovative governance: In 2000, the United Nations Economic and Social Council established a Permanent Forum on Indigenous Issues to serve as an advisory body to the Council on indigenous issues relating to economic and social development, culture, the environment, education, and health and human rights, culminating a decades-long struggle of indigenous peoples to regain standing within the global community; in June 2005, the General Assembly – for the first time - held interactive hearings with civil society and the private sector, in which some 200 non-governmental organizations presented their views on United Nations reform for consideration by Member States in preparation for the 2005 United Nations World Summit; also in June, 2005, a  tripartite convening group composed of a core group of Member States (Argentina, Bangladesh, Ecuador, Gambia, Germany, Indonesia, Iran, Kazakhstan, Malaysia, Morocco, Pakistan, Philippines, Senegal, Spain, Thailand, and Tunisia), civil society, the United Nations Educational, Social and Cultural Organization and the Department of Economic and Social Affairs organized a conference titled, Interfaith Cooperation for Peace, which aimed to provide input to the 2005 World Summit regarding strategies to promote interfaith cooperation for peace. It was the first time that a Member State-initiated conference had been co-organized and led by Member States, civil society and United Nations agencies working alongside. Given the challenging nature of the subject matter, the organizational approach provided a useful template for similar endeavors in the future. Also worthy of note is that in 2002, the International Parliamentary Union was granted permanent observer status in the General Assembly of the United Nations, setting in motion new forms of cooperation.

[15] Panel of Eminent Persons on UN-Civil Society Relationships. We the Peoples: Civil Society, the UN and Global Governance. (United Nations: New York, 2004).

[16] For the system to be successful, unity, strength, elasticity and public opinion are essential: unity of thought and purpose among the permanent members, strength involving the use of adequate force to ensure the efficacy of the system, elasticity to enable the system to meet the legitimate needs of its afflicted upholders, and universal public opinion - that of women and men - to secure collective action.

[17] Security Council Resolution 1325 (S/RES/1325 (2000)

[18] Typically wars and conflicts have drawn little distinction between militants and civilians, and between adults and children. Yet armed conflicts affect women and girls differently from men and boys. For example, rape and sexual violence perpetrated by the armed forces, whether governmental or other actors, including peacekeeping personnel, increase the spread of HIV/AIDS and other sexually transmitted diseases. Most of the HIV/AIDS victims in developing countries are women and girls. That disease leaves millions of orphans who, in most cases, are cared for by older women.

[19] While the veto has often served as an important safeguard against the oppressive majoritarianism, it has also obstructed effective action against countries that pose a threat to their neighbors. An interim measure may include not using veto power when voting on questions of genocide or other gross threats to international peace and security.

[20] The United Nations Charter states that, “In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.” (Article 24).

[21] Such disruptive and destabilizing factors include, among others: governments’ failure to meaningfully integrate religious and ethnic minorities, increased access to weapons; the destabilization and collapse of governments; and a general sense of social, political, economic, cultural crisis - all of which combine to create an environment that could invite violent radical ideologies to take hold and flourish.

[22] This requires the implementation of the Secretary-General’s strategic plan of action (A/49/587), which calls for an increase in the participation of women at decision-making levels in conflict resolution and peace processes. Member States need to follow through with their commitments under international law including the United Nations Security Council Resolution 1325 (2000).

 

Freedom to Believe: Upholding the Standard of the Universal Declaration of Human Rights

Freedom to Believe: Upholding the Standard of the Universal Declaration of Human Rights

Baha'i International Community’s Statement on the Freedom of Conscience, Religion or Belief

New York—1 October 2005

Introduction

Over fifty years ago, the Universal Declaration of Human Rights boldly proclaimed the inherent dignity and the equal rights of all members of the human family. Guided by the vision of equality for all, the Declaration enshrined the fundamental right of every human being to freedom of thought, conscience and religion. Despite the international community's unanimous1 adoption of this Declaration and its codification in subsequent instruments of international law,2 the world bears witness to persistent intolerance and discrimination based on religion or belief, the proliferation of violence in the name of religion, the manipulation of religion in the interest of political ideology, and increasing tensions between religion and State policies.3 The rising tide of religious extremism has fuelled these developments, threatening security, human development, and efforts towards peace. Widespread violations of this right -- most often targeting women and minorities -- have continued. Given the interdependence of human rights, such violations have compromised, among others, the right to education, employment, peaceful assembly, citizenship, political participation, health, and at times, life itself. Indeed, the promise of freedom of religion or belief for all remains one of the most contested and pressing human rights of our time.

The freedom to hold beliefs of one's choosing and to change them is central to human development as it makes possible the individual's search for meaning -- a distinguishing impulse of the human conscience. As such, the Baha'i International Community applauds recent efforts by the United Nations to include cultural and religious freedom in its conceptual framework and evaluation of human development.4 Equally significant has been the United Nations' affirmation of the interrelatedness of development, security and human rights and fundamental freedoms,5 setting the stage for an earnest re-examination of the role of freedom of thought, conscience, and religion in the pursuit of a peaceful, prosperous, and just society.

As a worldwide religious community, which regards the human conscience as sacred and upholds the individual's independent search for truth, we urge the United Nations to give serious consideration to four critical yet neglected issues related to the right to freedom of religion or belief: (1) the right to change one's religion or beliefs; (2) the right to share one's beliefs with others; (3) the responsibilities of the international community and national governments vis -- vis marginalized and peacefully organized religious communities; and (4) the responsibilities of religious leaders vis -- vis the promotion and protection of the right to freedom of religion or belief. We will address each issue in turn and conclude with recommendations for United Nations' work in this area.

The right to change one's religion or beliefs

The Universal Declaration of Human Rights, in Article 18, explicitly affirms that,

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.6

The right to change one's religion or belief is accorded the status of a non-derogable right -- a right that is protected unconditionally and is, at no time, subject to government regulation.7 The special measure of protection accorded to this right reflects its place in safeguarding the dignity of the human being. Indeed, the individual's search for truth and meaning is an activity most intimately linked with the human conscience and with the desire to see the world through one's own eyes and to understand it through one's own faculties of perception and intelligence. As such, it is inextricably linked with all facets of human development.

Due to pressure from dissenting States, however, subsequent United Nations treaties have used weaker language to define this right, failing to uphold the unambiguous standard set by the Declaration.8 Even the General Assembly's 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion and Belief  does not explicitly affirm the right to change one's religion or belief.9 In what is perhaps the most comprehensive articulation of the right to date, the Human Rights Committee has identified the freedom to change religion or belief, freedom to manifest beliefs, non-coercion in matters of religion, and non-discrimination on the basis of religion as core components of this right as provided for in the Declaration.10 Alongside United Nations jurisprudence, global conferences and gatherings over the last 15 years have generated near universal commitments to promote and respect freedom of religion or belief.11 As signatories to the Universal Declaration and subsequent treaties and global commitments, governments bear the primary responsibility to create, safeguard, and promote the necessary conditions for the enjoyment of the freedom of conscience, religion or belief for all of their citizens.

The right to teach one's religion or beliefs

Intimately connected with the freedom to hold and to change one's religion or belief is the freedom to share those beliefs with others. Within the broad range of activities potentially encompassed by the freedom to manifest one's religion or beliefs -- the right to teach one's religion or beliefs has been particularly contentious.12 While the Declaration calls for the unconditional protection of the 'internal' right to freedom of religion, the 'external' right to manifest one's beliefs is subject to limitations: Governments are permitted to place restrictions on this right for purposes of 'meeting the just requirements of morality, public order and the general welfare in a democratic society'.13 This latitude extended to States, however, has too often been abused in efforts to quell minority populations and has raised questions about what constitutes legitimate governmental interference in manifestations of religion or belief.

States argue that limiting the teaching of religions and the sharing of beliefs is necessary to preserve particular traditions and to protect the rights of the targeted populations, yet the right to freedom of religion or belief is necessarily contingent on the exposure to new ideas and the ability to share and receive information.14 Limitations on the basis of 'maintaining public order' and 'morality' have also been applied with considerable latitude and in a matter inconsistent with the principle of non-discrimination.15 Non-democratic and theocratic States in particular have repeatedly issued such reservations without the burden of proof, calling into question not only their interpretation of this right but also their protection of related rights and freedoms such as the right to employment and education, and the freedom of speech and peaceful assembly, to name but a few.16 While the ability to place restrictions on the freedom of religion or belief can be meaningfully applied, States' abuse of these restrictions only exacerbates the marginalization of oppressed minorities.

The protection of the freedom of religion or belief must also entail vigilance in safeguarding citizens from the forces of extreme orthodoxy. Incitement to violence, extremism, or hostility in the name of religion must be forcefully sanctioned and unreservedly condemned.17 Similarly, States must consistently uphold the equality of women and men as a moral principle and article of international law, condemning actions in the name of religion, which deny human dignity and freedom of conscience to women. Ultimately, a long-term preventive strategy must be rooted in efforts to educate children and adults alike, equipping them with literacy skills and opportunities to learn about other systems of belief. Within a culture of education, people who can read the writings of their own religion as well as those of others, who are free to question and discuss, and who are able to participate in the generation and application of knowledge will be better prepared to counter the forces of ignorance and fanaticism.18

Marginalized religious minorities

A further challenge before States today is the maintenance of social cohesion and national unity in the face of increasing cultural and religious pluralism. Often, the threat of social instability and violent protest becomes the primary motive for a State's decision to accommodate minority claims. Indeed, marginalized groups seeking redress can become violent, forcing States to address their claims in order to prevent social unrest and potential threats to national security. Yet this reactive mode breeds a dangerous pattern and itself gives a preference to violence, particularly where peacefully organized groups find their pleas repeatedly ignored. It increases the level of discrimination as groups find themselves excluded on the basis of religion and ignored as a result of non-violent modes of seeking redress.

The actions of States therefore must go beyond purely material and practical considerations and be guided by the force of moral principles and the rule of law. Foremost among these principles is that of unity -- at the local, national, and global level -- grounded in the peaceful accommodation of cultural diversity. States must discard outmoded notions of cultural homogeneity and ideological uniformity as a guarantor of peace and security and come to embrace a plurality of identities and beliefs, gathered together under the canopy of just laws and universal human rights, as the foundation for a cohesive and prosperous society.

Religious leaders

The responsibility to uphold universal principles of freedom of religion or belief rests not only with States but with religious leaders as well. In a world harassed by violence and conflict in the name of religion, leaders of religious communities bear tremendous responsibility for guiding their followers towards a peaceful coexistence and mutual understanding with those who think and believe differently. Too often, those acting in the name of religion have fanned the flames of hatred and fanaticism, themselves serving as the greatest obstacles in the path of peace. Despite these painful truths, we bear witness to the fact that the religions and faiths of the world with which the majority of the earth's inhabitants stand identified, have imparted a vast spiritual, moral, and civilizational legacy, which continues to succor and guide in these troubled times. Indeed, religions have reached to the roots of human motivation to lift our vision beyond purely material conceptions of reality to embrace higher notions of justice, reconciliation, love, and selflessness in the service of the common good.

Given the weight of culture and religion in shaping motivation and behavior, it is clear that legal mechanisms alone will not engender the commitment and mutual understanding required to sustain a culture of peaceful co-existence. The role of religious leaders as partners -- in word and deed -- in the creation of a culture of respect for human dignity and freedom of conscience, religion, or belief cannot be overstated. The forces of history now challenge every person of faith to identify spiritual principles within his or her own scriptures and traditions that answer the difficult questions posed by an age hungering for unity and justice in human affairs. In this common undertaking, based on an understanding of the inherent dignity, reason and conscience of every human being, religious leaders must uphold the sacred nature of the human conscience and unreservedly accord each individual the freedom to search for truth.

Recommendations

We call on the United Nations to affirm unequivocally an individual's right to change his or her religion under international law. The General Assembly may request the International Court of Justice, under Article 96 of the United Nations Charter, to issue an advisory opinion on the issue of freedom of religion or belief. Specifically, the Court could be asked whether the principle of freedom of religion or belief has attained the status of jus cogens, customary international law, or is merely left to the interpretation of each state. Such a clarification would help to remove fallacious interpretations of this right and lend moral force to the condemnation of policies and practices that violate the principle of non-discrimination in matters of religion or belief.

Following this clarification, concrete actions - investigative, legal, and operational - must follow. First, research and analysis are needed to clarify minimum standards for compliance with international law and to develop indicators, marking the presence or absence of freedom of religion or belief. An annual world report, prepared by the United Nations, assessing the state of this freedom throughout the world would provide further substance and facilitate comparisons over time and across geographic regions.19

The United Nations needs to comprehensively and definitively address religious extremism as a major obstacle in the processes of peace.20 While the United Nations has denounced religious intolerance and persecution, it has been hesitant to acknowledge and forcefully condemn religious extremism motivating violent and terrorist acts.21 As women often bear the greatest burden of religious extremism and ensuing violations of human freedoms, the Committee on the Elimination of All Forms of Discrimination Against Women should consider formulating a comment on issues specific to women's freedom of religion or belief.22

We support the creation of a Human Rights Council with a view to restoring the primacy of human rights as set forth in the Charter of the United Nations. In addition, the Office of the High Commissioner for Human Rights should undertake steps to strengthen the role of the Special Rapporteur on Freedom of Religion, increasing funding for her mandate to allow for the closer monitoring of trends worldwide and at a country level.23 Given that the mandate of the Special Rapporteur represents one of the principal means of bringing issues of religious freedom to the attention of the United Nations, we recommend that more attention be given to the implementation of recommendations put forth by the Special Rapporteur. The High Commissioner may consider expanding the mandate of the Special Rapporteur beyond reporting strictly on violations to include reports of States' efforts to implement her recommendations. In general, the Rapporteur's reports would significantly benefit from a more substantial and interactive debate between the Rapporteur and States in question. For their part, beyond cooperating with United Nations human rights mechanisms, States should allow any visits requested by the Special Rapporteur and endeavor to meet her full investigative needs.

By recognizing the interdependence of freedom, development and security in today's world, the United Nations has paved the way for a timely re-examination of the universal right to freedom of religion or belief, its role in human development and the means for its protection. In an effort to stimulate meaningful debate and necessary action, we have brought to the fore the standard of equality articulated in the Universal Declaration of Human Rights and its implications for the construction of a culture respectful of the dignity and conscience of every human being. We believe that the protection of the right to freedom of conscience, religion or belief is not merely a legal exercise or a pragmatic necessity; it is part of a much larger and essentially spiritual undertaking of shaping attitudes and practices that allow human potential to emerge and flourish. The human mind, endowed with reason and conscience, must be free to search for truth and to believe.

 

Notes

1. Universal Declaration of Human Rights, U.N. Doc A/810 at 71 (1948). New York: United Nations. The Declaration was adopted with no dissenting votes, with eight countries abstaining from approval: Poland, Byelorussia, Czechoslovakia, Ukraine, Yugoslavia, South Africa, Saudi Arabia, and the Soviet Union.

2. No fewer than 28 international human rights instruments contain provisions specifically pertaining to freedom of religion or belief.

3. Civil and Political Rights, Including Religious Intolerance: Report submitted by Mr. Abdelfattah Amor, Special Rapporteur, in accordance with Commission on Human Rights resolution 1998/18. U.N. Doc. E/CN.4/1999/58 (1999).

4. The United Nations Development Programme 2004 Human Development Report titled, 'Cultural Liberty in Today's Diverse World,' for the first time in the Report's fifteen year history, acknowledged cultural liberty as a 'vital part of human development' and affirmed the 'profound importance of religion to people's identities.' It is significant that the analysis of human development throughout the Human Development Reports has evolved from a predominantly materialist approach centered on wealth and income to embrace the concept of development as the expansion of human freedoms. Equally important has been the release of the United Nations Development Programme's annual Arab Human Development Reports, marking a pioneer effort by Arab scholars in this area. The widely noted 2002 Report identifies freedom as both the 'guarantor and the goal' of human development and human rights, singling out freedom as a primary requisite for development in the Arab region. The 2004 Report, which discusses the deficits of freedom and good governance in the region, examines the religious, legal, and political structures impeding human freedoms and calls for immediate action to address the priority of 'ending all forms of discrimination against any minority group.'

5. 2005 World Summit Outcome, U.N. Doc. A/60/L.1

6. Universal Declaration of Human Rights, Article 18, supra note 1.

7. A non-derogable right is not subject to governmental regulation, even in times of a national emergency.

8. The freedom to change one's religion or belief has not been expressed with such clarity in any international instrument since the Declaration. For example: the International Covenant on Civil and Political Rights (1966) provides for the individual's freedom "to have or to adopt a religion or belief of his choice"; the International Covenant on Economic, Social, and Cultural Rights (1966) guarantees that the rights in the Covenant "will be exercised without discrimination of any kind as to...religion..."; the Convention on the Elimination of All Forms of Discrimination Against Women (1979) calls on States Parties to take all appropriate measures to guarantee women "the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men"; the Convention on the Rights of the Child (1989) affirms the "right of the child to freedom of thought, conscience and religion"; the Convention on the Prevention and Punishment of the Crime of Genocide (1948) includes in its definition of genocide, "acts committed with intent to destroy...a national, ethnical, racial or religious group". Notably, regional treaties such as the American Convention on Human Rights (1969) and the European Convention on Human Rights (1950) explicitly provide for the freedom to change one's religion or belief.

9. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, U.N. Doc. A/36/684 (1981). The Declaration affirms the "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." It is unfortunate that this Declaration has not yet attained the status of a legally binding Covenant.

10. Human Rights Committee, General Comment 22, Article 18, U.N. Doc. HRIGEN1Rev.1 at 35 (1994). The remaining core components of this right include: the rights of parents, legal status, limits on government's permissible restrictions, and non-derogability.

11. Global conferences, Declarations and Programmes of Action that have affirmed the right to freedom of religion or belief include the following: Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief (1981), Vienna Declaration and Programme of Action (1993), Copenhagen Declaration and Programme of Action (1995); the United Nations Millennium Declaration (2000); Millennium World Peace Summit -- Commitment to Global Peace (2000); Durban Declaration and Programme of Action (2001).

12. General Comment 22 (supra note 10) states that, "the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, such as the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications." The 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief explicitly provides for the right to teach one's religion.

13. Universal Declaration of Human Rights, Article 29, supra note 1. The International Covenant on Civil and Political Rights similarly provides for 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 18).

14. A change of identity resulting from conversion does not constitute a violation of the individual's human rights. Rather it is one's desire to maintain an identity that requires legal protection. Similarly, States cannot use the rationale of preserving particular traditions, religions, or ideologies to support limitations on freedom of religion or belief.

15. Limitations on the basis of preserving 'morality' are the most controversial and lend themselves to abuse as one religiously based moral principle can be used to override another's religious belief. The Human Rights Committee's General Comment 22 asserts that, "limitations on the protection of freedom of religion or belief must not be based on principles deriving from one single tradition," supra note 10.

16. States have also issued blanket reservations on entire Conventions based on the State's application of religious law. This is incompatible with Article 18 of the International Covenant on Civil and Political Rights
(ICCPR), which provides for limitations that are proscribed by law and are "necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others." Furthermore, in its General Comment on Article 18 of the ICCPR, the Committee on Human Rights notes that any limitations on the freedom to manifest a religion or belief for the purpose of protecting morals "must be based on principles not deriving exclusively from a single tradition."

17. The International Covenant on Civil and Political Rights prohibits, "any advocacy or national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence." Similarly, as called for in the United Nations Educational Scientific and Cultural Organization (UNESCO) Convention Against Discrimination in Education (1960), States should condemn and forcefully sanction those who, in the name of religion, use education and the media to oppress freedom of conscience and to promote division, hatred, terrorism, violence and bloodshed.

18. The former Special Rapporteur on Freedom of Religion or Belief, Abdelfattah Amor, emphasized education -- particularly concerning human rights -- as a key component of establishing a culture of tolerance and nondiscrimination. Mr. Amor convened the 2001 International Consultative Conference on School Education in relation with Freedom of Religion and Belief, Tolerance and Non-discrimination and called on participants to design a worldwide education strategy for combating intolerance and discrimination based on religion or belief. (U.N. Doc. E/CN.4/1999/58).

19. Civil and Political Rights, Including Religious Intolerance, supra note 3.

20. Ibid., 125 (a).

21. The UN has been reticent to identify religious fanaticism as a source of terrorism, referring to it indirectly, as for example, "terrorism motivated by intolerance or extremism" (S/RES/1373 (2001)). Even the various resolutions issued by the Security Council, the General Assembly and the Commission on Human Rights in response to the terrorist acts of 11 September 2001, failed to identify religious fanaticism as the force fuelling these acts.

22. Tahzib-Lie, Bahia G. (2004). "Dissenting Women, Religion or Belief, and the State: Contemporary Challenges that Require Attention." In Lindholm, T., Durham, W. Cole Jr., Tahzib-Lie, Bahia G. (Eds.) Facilitating Freedom of Religion or Belief: A Deskbook. Oslo, Norway: Martinus Nijhoff Publishers.

23. Only a small fraction of member states have ever been monitored for compliance with the articles of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

Baha'i International Community Response to the Secretary General's Report, 'In Larger Freedom: towards development, security and human rights for all'

Baha'i International Community Response to the Secretary General's Report, 'In Larger Freedom: towards development, security and human rights for all'

Submitted to the United Nations Non-Governmental Liaison Service

New York—30 April 2005

The Baha'i International Community welcomes the opportunity to offer comments and observations on the Secretary General's report to the General Assembly titled, 'In Larger Freedom: towards development, security and human rights for all,' in the hopes of stirring further reflection, debate, and action. We understand the processes of UN reform as part of an organic, evolutionary course characterized by increasing levels of integration and unity in governance structures and processes. In this light, we are encouraged by the Report's holistic approach stressing the interdependence of development, freedom, and peace; emphasizing human solidarity as the basis for effective and sustainable solutions to global challenges; and presenting a bold vision of new mechanisms and methods of work for the Organization. We offer comments on each section of the report in turn.

Freedom from want

Millennium Development Goals (Paragraphs 28-32). The Baha'i International Community welcomes the efforts of the United Nations to set forth concrete goals for development, in the form of the MDGs, which seek to focus the work of the organization with the aim of restoring justice and dignity to every human life. Material goals in themselves, however, are not sufficient to inspire and sustain processes of comprehensive development at the local, national and global levels. Equally important are aims to foster universal participation in the development processes, the development of individual capabilities to contribute to these processes, and the application of moral and intellectual resources from the fields of science and religion two knowledge systems that have propelled our progress over the centuries. Ultimately, each individual, with the benefit of access to education, must be regarded as a protagonist in his or her own development and that of the community.

Alongside the concrete development targets set by the MDGs, it is imperative to attend to the realization of moral or spiritual principles needed for constructive development. At the heart of such principles is the understanding that human nature is essentially spiritual and that a vision of development must be responsive to this reality. These principles may include: fostering unity in diversity, equity, justice, gender equality, moral leadership, and freedom of thought.1

Efforts to eradicate poverty must be accompanied by an earnest re-evaluation of global systems and processes - including governance, trade, and the private sector that perpetuate the growing extremes of wealth and poverty. Specifically, there is a need for strong binding corporate rules at the national and international levels. Greater corporate accountability must not be restricted to the environment and labor standards but must also take into account the full panoply of human rights.

Gender (Paragraph 40). We strongly support the promotion of gender equality as a prerequisite to development. Emphasis should be placed on the substantive involvement of women at all stages of peace-building and conflict resolution efforts, particularly post-conflict reconstruction. As women are intimately aware of the needs of their families and communities, plans for transition to a peaceful society must include their critical perspectives. Indeed, only as women take their rightful place in decision making at all levels will the moral and psychological climate favorable to the establishment of peace emerge.

Freedom from fear

The Baha'i International Community welcomes the Report's more comprehensive vision of collective security, based on the understanding that in our interconnected world, a threat to one State is a threat to all. The Baha'i Faith envisions a system of collective security within a framework of global federation, in which national borders have been conclusively defined and in whose favor all nations of the world will have willingly ceded claims to make war.

Definition of terrorism (Paragraph 91). We support the Secretary General's call for Member States to adopt a definition of terrorism and to conclude a comprehensive convention on terrorism. We agree with the Secretary General's characterization of terrorism as any action, "intended to cause death or serious bodily harm to civilians or non-combatants with the purpose of intimidating a population or compelling a Government or an international organization to do or abstain from doing any act." Moreover, problems such as terrorism should be consistently addressed within the context of other issues that disrupt and destabilize society. Nations must look beyond responding separately to disparate problems and move towards the building of a comprehensive international order based on social justice and collective security.

Security Council (Paragraph 167). We acknowledge the need for urgent reform of the Security Council. The proposals in the Report, however, do not ultimately address the democracy deficit and relentless politicization of the Security Council, which thwart the execution of its duties and undermine the trust and respect it needs to exercise its mandate. To address these deficits, the United Nations must boldly and intelligently move towards adopting a procedure for eventually eliminating permanent membership and veto power.2

Freedom to live in dignity

Responsibility to Protect (Paragraph 135). We strongly support the "emerging norm of the collective responsibility to protect" and accompanying efforts to establish a principled framework about how and when to intervene justly and effectively to protect human rights. We agree that no legal principle, not even sovereignty, should ever be allowed to shield genocide and human suffering. Indeed, the Baha'i Faith offers the concept of the oneness of humanity as an underlying principle of relations between States. Furthermore, we support the concept of a federated world polity responsive to the needs of an ever-changing world. The aim of such a polity, far from stifling intelligent patriotism or national autonomy, is rather the collective subordination of national impulses to the wider needs of an increasingly interdependent world. The Baha'i Writings assert that, "the earth is but one country and mankind its citizens."

Human Rights.

a. Human Rights Council (Paragraphs 181-183)

We support the Secretary General's proposal to elevate the consideration of human rights to the same level accorded to security and socio-economic development. In order to restore the effective functioning of the discredited Human Rights Commission, we support the creation of an elected, standing Human Rights Council and the elaboration of minimum criteria for membership. Candidates for membership in the Council should demonstrate strong adherence to human rights standards; specific criteria may include the ratification of key human rights documents or a statement of intent to do so within a given period of time. Members of the Council that repeatedly violate human rights should not be allowed to remain on the Council.

b. Office of the High Commissioner for Human Rights (Paragraphs 142-146)

We agree that OHCHR is ill-equipped to respond effectively to the human rights challenges facing the international community. As such, we support the Secretary General's call for more resources to train country teams within the OHCHR3 and urge the OHCHR to establish a strong field presence at the country level, providing leadership and coordination on matters of promotion and protection of human rights.

Second, Special Procedures should receive adequate budgetary and administrative support. Government cooperation with Special Procedures should not be limited to access, but should also include full implementation of recommendations made.4

Third, the OHCHR should continue its productive engagement with NGOs, which has contributed positively to the work of the Office and to the development of NGO capacity to interact meaningfully in this context.5

Fourth, the ambitious mandate of the OHCHR must be supported by appropriate budgetary resources.6

Fifth, the Public Information section of the OHCHR should be developed to allow resolutions of the Commission on Human Rights/Human Rights Council, recommendations of the Special Procedures and concluding observations of the treaty monitoring bodies to be accorded more prominence in the media.

Democracy(Paragraphs 158-151). We commend the Secretary General and the international community for their commitment to democracy and to a freely elected government as a universal value. We support in principle the creation of a democracy fund at the United Nations. At the same time, we note that democracy in its truest sense must be rooted in moral values, intertwined with responsibilities, and concerned with social welfare both within and beyond the nation state. Without this principled anchor, it is vulnerable to the excesses of unbridled individualism and nationalism, which tear at the fabric of the community - both nationally and globally.

Other points for consideration at the Millennium + 5 Summit:

That the Secretary General chose to frame his report in the context of freedoms is significant. Certainly the want of freedom from fear, poverty, and oppression has been a dominant factor in the turmoil of the times. There is no doubt as to the high importance of freedoms to constructive social processes. Yet the freedoms with which we are privileged are concomitant with responsibility the responsibility to exercise our freedoms in a way that enables all to attain to happiness and to fulfill their purpose in their individual life and in their collective functioning as a society. It is the abuse of freedoms and the denial of responsibilities with which elected and appointed officials at both national and international levels have been vested that must remain at the forefront of deliberations about United Nations reform.

Freedom of religion or belief. The Secretary General's report does not make mention of one of the central and most challenging issues shaping inter and intra-State relations today, namely the freedom of religion or belief. At a time when religious extremism, intolerance, and discrimination are threatening peace and security in many parts of the world, it is imperative for the United Nations to address this issue openly and earnestly. Until all people are free to openly practice and share their beliefs within the parameters of equally applied laws, as well as change their religion or belief system, development and peace will prove elusive.

Condemning religious extremism and terrorism. While the United Nations' human rights machinery has been used to condemn religious intolerance and persecution, United Nations development policies and programs have barely begun to address religious extremism as a major obstacle to peace and well-being. Hesitancy to acknowledge and forcefully condemn the religious extremism motivating terrorist acts weakens the effectiveness of the UN's efforts to bring an end to international terrorism. Only by identifying and understanding the motivation behind such acts can they be effectively combated.

We are grateful for the opportunity to submit the above comments. The Baha'i International Community looks forward to being engaged in the debate and implementation of proposed reforms, with a view to creating a United Nations capable of meeting the changing needs and growing aspirations of the generality of humankind.

 

Notes

1. Baha'i Publishing Trust. (1998). Valuing Spirituality in Development: Initial Considerations Regarding the Creation of Spiritually Based Indicators for Development. A concept paper written by the Baha'i International Community for the World Faiths and Development Dialogue at Lambeth Palace, London.

2. Baha'i International Community. (1995). Turning Point for All Nations. Baha'i International Community United Nations Office, New York. An interim measure may include not using veto power when voting on questions of genocide or other gross threats to international peace and security.

3. "In Larger Freedom: towards development, security and human rights for all," Report of the Secretary General, Para. 142. UN Document A/59/2005.

4. The OHCHR should take steps to bolster interactive dialogue with the Special Rapporteurs. The dialogues should include Member States' reports on the status of implementation of recommendations.

5. Similarly, NGO involvement in the work of the proposed Human Rights Council should not be diminished.

6. The core functions of the Office should be independent of voluntary contributions. Governments should decrease the percentage of earmarked funds, according more latitude to the Office in determining its needs.

Freedom to Believe

Freedom to Believe

A Response to the United Nations Development Programme 2004 Human Development Report

New York—1 April 2005

Introduction

Over fifty years ago, the Universal Declaration of Human Rights boldly proclaimed the inherent dignity and the equal rights of all members of the human family. Guided by the vision of equality for all, the Declaration enshrined the fundamental right of every human being to freedom of thought, conscience and religion. Despite the international community's unanimous1 adoption of this Declaration and its codification in subsequent instruments of international law2, the world bears witness to persistent intolerance and discrimination based on religion or belief, the proliferation of violence in the name of religion, the manipulation of religion in the interest of political ideology, and increasing tensions between religion and State policies3. The rising tide of religious extremism has fuelled these developments, threatening security, human development, and efforts towards peace. Widespread violations of this right -- most often targeting women and minorities -- have continued. Given the interdependence of human rights, such violations have compromised, among others, the right to education, employment, peaceful assembly, citizenship, political participation, health, and at times, life itself. Indeed, the promise of freedom of religion or belief for all remains one of the most contested and pressing human rights of our time.

The freedom to hold beliefs of one's choosing and to change them is central to human development. It is the individual's search for meaning and the desire to know who we are as human beings that distinguishes the human conscience. As such, we applaud the United Nations Development Programme for its 2004 Human Development Report titled, 'Cultural Liberty in Today's Diverse World,' which, for the first time in the Report's fifteen year history, acknowledged cultural liberty as a 'vital part of human development' and affirmed the 'profound importance of religion to people's identities.'4 Indeed, the concept and analysis of human development throughout the Human Development Reports have evolved dramatically out of a materialist approach centered on wealth and income to embrace the concept of development as the expansion of human freedoms. By including cultural freedom in its analysis -- including the freedom of religion or belief - the UNDP once again broadened the conceptual framework underpinning the evaluation of progress in human development.5

The UNDP's focus could not be more timely. Human development and security - two issues at the heart of today's global agenda - have refocused the attention of the international community on the question of human freedom. In the United Nations Millennium Declaration and the ensuing Millennium Development Goals, the nations of the world identified freedom as a 'fundamental value essential to international relations in the twenty-first century.'6 Similarly, the widely noted 2002 Arab Human Development Report -- a pioneer effort by Arab scholars -- identified freedom as both the 'guarantor and the goal' of human development and human rights, singling it out as a primary requisite for development in the region. In preparation for the comprehensive review process at the upcoming High-Level meeting of the United Nations General Assembly, the Secretary General, in two pivotal reports to the General Assembly, stressed the critical relationship between development, security and human freedom.7 Indeed, there can be no development without security, no security without development, and both must be anchored in a firm commitment to the protection of human rights and freedoms for all.

The UNDP Report has set the stage for an earnest re-examination of the role of freedom of thought, conscience and religion in human development -- an examination anchored in the recognition of the dignity of the human conscience and guided by the standard of equality set by the Universal Declaration of Human Rights. As a worldwide religious community, which regards the human conscience as sacred and believes in the independent search for truth, we urge the UNDP to give serious consideration to four critical issues intimately related to its Report: (1) the right to change one's religion or beliefs; (2) the right to share one's beliefs with others; (3) the responsibilities of the international community and national governments vis ? vis marginalized and peacefully organized religious communities; and (4) the responsibilities of religious leaders vis  vis the promotion and protection of the right to freedom of religion or belief. We will address each issue in turn and conclude with recommendations for United Nations' work in this arena.

The right to change one's religion or beliefs

The Human Development Report defines cultural liberty as the 'capability of people to live and be what they choose, with adequate opportunity to consider other options.'8 The Report, however, focuses primarily on cultural exclusion9 based on 'external' manifestations of one's religion or belief while omitting from its discussion the core dimension of cultural exclusion -- namely a denial of the 'internal' right to change one's religion or belief.10 The Universal Declaration of Human Rights, in Article 18, explicitly affirms that,

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.11

The right to change one's religion or belief is accorded the status of a non-derogable right -- a right that is protected unconditionally and is, at no time, subject to government regulation.12 The special measure of protection accorded to this right reflects its place in safeguarding the dignity of the human being. Indeed, the individual's search for truth and meaning is an activity most intimately linked with the human conscience and with the desire to see the world through one's own eyes and to understand it through one's own faculties of perception and intelligence. As such, it is inextricably linked with all facets of human development.

Due to pressure from dissenting States, however, subsequent United Nations treaties have used weaker language to define this right, failing to uphold the unambiguous standard set by the Declaration.13 Even the General Assembly's 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion and Belief issued by the General Assembly does not explicitly affirm the right to change one's religion or belief.14 In what is perhaps the most comprehensive articulation of the right to date, the Human Rights Committee has identified the freedom to change religion or belief, freedom to manifest beliefs, non-coercion in matters of religion, and non-discrimination on the basis of religion as core components of this right as provided for in the Declaration.15 Alongside United Nations jurisprudence, global conferences and gatherings16 over the last 15 years have generated near universal commitments to promote and respect freedom of religion or belief. As signatories to the Universal Declaration and subsequent treaties and global commitments, governments bear the primary responsibility to create, safeguard, and promote the necessary conditions for the enjoyment of the freedom of conscience, religion or belief for all of their citizens.

The right to teach one's religion or beliefs

Intimately connected with the freedom to hold and to change one's religion or belief is the freedom to share those beliefs with others. Within the broad range of activities potentially encompassed by the freedom to manifest one's religion or beliefs- the right to teach one's religion or beliefs has been particularly contentious.17 While the Declaration calls for the unconditional protection of the 'internal' right to freedom of religion, the 'external' right to manifest one's beliefs is subject to limitations: Governments are permitted to place restrictions on this right for purposes of 'meeting the just requirements of morality, public order and the general welfare in a democratic society'.18 This latitude extended to States, however, has too often been abused in efforts to quell minority populations and has raised questions about what constitutes legitimate governmental interference in manifestations of religion or belief.

States argue that limiting the teaching of religions and the sharing of beliefs is necessary to preserve particular traditions and to protect the rights of the targeted populations, yet the right to freedom of religion or belief is necessarily contingent on the exposure to new ideas and the ability to share and receive information.19 Limitations on the basis of 'maintaining public order' and 'morality' have also been applied with considerable latitude and in a matter inconsistent with the principle of non-discrimination.20 Non-democratic and theocratic States in particular have repeatedly issued such reservations without the burden of proof, calling into question not only their interpretation of this right but also their protection of related rights and freedoms such as the right to employment and education, and the freedom of speech and peaceful assembly, to name but a few.21 While the ability to place restrictions on the freedom of religion or belief can be meaningfully applied, States' abuse of these restrictions only exacerbates the marginalization of oppressed minorities.

The protection of the freedom of religion or belief must also entail vigilance in safeguarding citizens from the forces of extreme orthodoxy. Incitement to violence, extremism, or hostility in the name of religion must be forcefully sanctioned and unreservedly condemned.22 Similarly, States must consistently uphold the equality of women and men as a moral principle and article of international law, condemning actions in the name of religion, which deny human dignity and freedom of conscience to women. Ultimately, a long-term preventive strategy must be rooted in efforts to educate children and adults alike, equipping them with literacy skills and opportunities to learn about other systems of belief. Within a culture of education, people who can read the writings of their own religion as well as those of others, who are free to question and discuss, and who are able to participate in the generation and application of knowledge will be better prepared to counter the forces of ignorance and fanaticism.23

Marginalized religious minorities

The challenge before States, and one of their central concerns as addressed in the Human Development Report, is the maintenance of social cohesion and national unity in the face of increasing cultural pluralism. The report cites the threats of social instability and violent protest as a primary imperative for States' need to accommodate minority claims. Indeed, marginalized groups seeking redress can become violent, forcing States to address their claims in order to prevent social unrest and potential threats to national security. Yet this reactive mode breeds a dangerous pattern and itself gives a preference to violence, particularly where peacefully organized groups find their pleas repeatedly ignored. It increases the level of discrimination as groups find themselves excluded on the basis of religion and ignored as a result of non-violent modes of seeking redress.

The actions of States therefore must go beyond purely material and practical considerations and be guided by the force of moral principles and the rule of law. Foremost among these principles is that of unity -- at the local, national, and global level -- grounded in the peaceful accommodation of cultural diversity. States must discard outmoded notions of cultural homogeneity and ideological uniformity as a guarantor of peace and security and come to embrace a plurality of identities and beliefs, gathered together under the canopy of just laws and universal human rights, as the foundation for a cohesive and prosperous society.

Religious leaders

The responsibility to uphold universal principles of freedom of religion or belief rests not only with States but with religious leaders as well. In a world harassed by violence and conflict in the name of religion, leaders of religious communities bear tremendous responsibility for guiding their followers towards a peaceful coexistence and mutual understanding with those who think and believe differently. Too often, those acting in the name of religion have fanned the flames of hatred and fanaticism, themselves serving as the greatest obstacles in the path of peace. Despite these painful truths, we bear witness to the fact that the religions and faiths of the world with which the majority of the earth's inhabitants stand identified, have imparted a vast spiritual, moral, and civilizational legacy, which continues to succor and guide in these troubled times. Indeed, religions have reached to the roots of human motivation to lift our vision beyond purely material conceptions of reality to embrace higher notions of justice, reconciliation, love, and selflessness in the service of the common good.

Given the weight of culture and religion in shaping motivation and behavior, it is clear that legal mechanisms alone will not engender the commitment and mutual understanding required to sustain a culture of peaceful co-existence. The role of religious leaders as partners -- in word and deed - in the creation of a culture of respect for human dignity and freedom of conscience, religion, or belief cannot be understated. The forces of history now challenge every person of faith to identify spiritual principles within his or her own scriptures and traditions that answer the difficult questions posed by an age hungering for unity and justice in human affairs. In this common undertaking, based on an understanding of the inherent dignity, reason and conscience of every human being, religious leaders must uphold the sacred nature of the human conscience and unreservedly accord each individual the freedom to search for truth.

Recommendations

Urgent action is now needed to reaffirm the vision of equal rights for all without discrimination on the basis of religion or belief. As a first step, the United Nations must unequivocally affirm an individual's right to change his or her religion or belief under international law.24 Such a clarification would help to remove fallacious interpretations of this right and lend moral force to the condemnation of State policies and practices that violate the principle of non-discrimination in matters of religion or belief.

Following this clarification, concrete actions - investigative, legal, and operational - must follow. First, research and analysis are needed to clarify minimum standards for compliance with international law and to develop indicators, marking the presence or absence of freedom of religion or belief. An annual world report, prepared by the United Nations, assessing the state of this freedom throughout the world would provide further substance and facilitate comparisons over time and across geographic regions.25

In addition to clarifying the questions above, the United Nations needs to comprehensively and definitively address religious extremism as a major obstacle in the processes of peace.26 While the United Nations has denounced religious intolerance and persecution, it has been hesitant to acknowledge and forcefully condemn religious extremism motivating violent and terrorist acts.27 As women often bear the greatest burden of religious extremism and ensuing violations of human freedoms, the Committee on the Elimination of All Forms of Discrimination Against Women should consider formulating a comment on issues specific to women's freedom of religion or belief.28

We fully support the Secretary General's call for Human Rights Council with a view to restoring the primacy of human rights as set forth in the Charter of the United Nations.29 Alongside the proposed reforms, the Office of the High Commissioner for Human Rights should undertake steps to strengthen the role of the Special Rapporteur on Freedom of Religion, increasing funding for her mandate to allow for the closer monitoring of trends worldwide and at a country level.30 Given that the mandate of the Special Rapporteur represents one of the principal means of bringing issues of religious freedom to the attention of the United Nations, we recommend that more attention be given to the implementation of recommendations put forth by the Special Rapporteur. The High Commissioner may consider expanding the mandate of the Special Rapporteur beyond reporting strictly on violations to include reports of States' efforts to implement her recommendations. In general, the Rapporteur's reports would significantly benefit from a more substantial and interactive debate between the Rapporteur and States in question. For their part, beyond cooperating with United Nations human rights mechanisms, States should allow any visits requested by the Special Rapporteur and endeavor to meet her full investigative needs in the process.

By focusing on cultural liberty and religious freedom as core components of human development, the 2004 Human Development Report paved the way for a timely discussion, highlighting the interdependence of freedom, development and security in today's world. In an effort to push the debate further, we have brought to the fore the standard of equality articulated in the Universal Declaration of Human Rights and its implications for the construction of a culture respectful of the dignity and conscience of every human being. We believe that the protection of the right to freedom of conscience, religion or belief is not merely a legal exercise or a pragmatic necessity; it is part of a much larger and essentially spiritual undertaking of shaping attitudes and practices that allow human potential to emerge and flourish. The human mind, endowed with reason and conscience, must be free to search for truth and to believe.

Notes

U.N. Doc A/810 at 71 (1948). New York: United Nations. The Declaration was adopted with no dissenting votes, with eight countries abstaining from approval: Poland, Byelorussia, Czechoslovakia, Ukraine, Yugoslavia, South Africa, Saudi Arabia, and the Soviet Union.

No fewer than 28 international human rights instruments contain provisions specifically pertaining to freedom of religion or belief.

U.N. Doc. E/CN.4/1999/58 (1999).

The United Nations Development Programme 2004 Human Development Report titled, 'Cultural Liberty in Today's Diverse World,' for the first time in the Report's fifteen year history, acknowledged cultural liberty as a 'vital part of human development' and affirmed the 'profound importance of religion to people's identities.' It is significant that the analysis of human development throughout the Human Development Reports has evolved from a predominantly materialist approach centered on wealth and income to embrace the concept of development as the expansion of human freedoms. Equally important has been the release of the United Nations Development Programme's annual Arab Human Development Reports, marking a pioneer effort by Arab scholars in this area. The widely noted 2002 Report identifies freedom as both the 'guarantor and the goal' of human development and human rights, singling out freedom as a primary requisite for development in the Arab region. The 2004 Report, which discusses the deficits of freedom and good governance in the region, examines the religious, legal, and political structures impeding human freedoms and calls for immediate action to address the priority of 'ending all forms of discrimination against any minority group.'

U.N. Doc. A/60/L.1
U.N. Doc A/RES/55/2 (2000).

In the latter, the Secretary General stressed the enduring relevance of the United Nations' Charter call to "promote social progress and better standards of life in larger freedom," and the interrelatedness of development, security and human rights. The former report, calling for a more holistic vision of human security, framed development as "the indispensable foundation for a new collective security."

note 3.

, p. 6. The Report notes two forms of cultural exclusion: 'living mode exclusion' and 'participation exclusion.' Living mode exclusion, "denies recognition and accommodation of a lifestyle that a group would choose to have"; participation exclusion occurs when "people are discriminated again or suffer disadvantage in social, political and economic opportunities because of their cultural identity."

, pp. 56-57. While the Report notes that, "individuals must be free not only to criticize the religion into which they were born, but to reject it for another or to remain without one," the issue of the 'internal' right of freedom of religion or belief is referred to only in passing and without further elaboration. As a core dimension of cultural liberty, this issue merits greater consideration. As the Report itself acknowledged, "The normative weight of freedom can hardly be invoked when no choice?real or potential?is actually considered." (p.17)

note 1.

A non-derogable right is not subject to governmental regulation, even in times of a national emergency.

(1950) explicitly provide for the freedom to change one's religion or belief.

U.N. Doc. A/36/684 (1981). The Declaration affirms the "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." It is unfortunate that this Declaration has not yet attained the status of a legally binding Covenant.

18, U.N. Doc. HRIGEN1Rev.1 at 35 (1994). The remaining core components of this right include: the rights of parents, legal status, limits on government's permissible restrictions, and non-derogability.

(2001).

explicitly provides for the right to teach one's religion.

similarly provides for 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 18).

A change of identity resulting from conversion does not constitute a violation of the individual's human rights. Rather it is one's desire to maintain an identity that requires legal protection. Similarly, States cannot use the rationale of preserving particular traditions, religions, or ideologies to support limitations on freedom of religion or belief.

Limitations on the basis of preserving 'morality' are the most controversial and lend themselves to abuse as one religiously based moral principle can be used to override another's religious belief. The Human Rights Committee's General Comment 22 asserts that, "limitations on the protection of FRB must not be based on principles deriving from one single tradition," supra note 15.

(ICCPR) which provides for limitations that are proscribed by law and are "necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others." Furthermore, in its General Comment on Article 18 of the ICCPR, the Committee on Human Rights notes that any limitations on the freedom to manifest a religion or belief for the purpose of protecting morals "must be based on principles not deriving exclusively from a single tradition."

(1960), States should condemn and forcefully sanction those who, in the name of religion, use education and the media to oppress freedom of conscience and to promote division, hatred, terrorism, violence and bloodshed.

The former Special Rapporteur on Freedom of Religion or Belief, Mr. Abdelfattah Amor, emphasized education -- particularly concerning human rights -- as a key component of establishing a culture of tolerance and nondiscrimination. Mr. Amor convened the 2001 International Consultative Conference on School Education in relation with Freedom of Religion and Belief, Tolerance and Non-discrimination and called on participants to design an worldwide education strategy for combating intolerance and discrimination based on religion or belief. (U.N. Doc. E/CN.4/1999/58).

Under Article 96 of the United Nations Charter, the General Assembly, Security Council or other United Nations organ authorized by the General Assembly may request advisory opinions of the Court 'on legal questions arising within the scope of their activities.' Article 36 of the Statute of the International Court of Justice provides for the jurisdiction of the Court in legal disputes concerning, among others, questions of international law.

note 3.
, 125 (a).

The UN has been reticent to identify religious fanaticism as a source of terrorism, referring to it indirectly, as for example, "terrorism motivated by intolerance or extremism" (S/RES/1373 (2001)). Even the various resolutions issued by the Security Council, the General Assembly and the Commission on Human Rights in response to the terrorist acts of 11 September 2001, failed to identify religious fanaticism as the force fuelling these acts.

Oslo, Norway: Martinus Nijhoff Publishers.
note 7.

Only a small fraction of member states have ever been monitored for compliance with the articles of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

Situation of the Baha'is in the Islamic Republic of Iran

Situation of the Baha'is in the Islamic Republic of Iran

Oral Statement of the Baha'i International Community to the 61st Session of the Commission on Human Rights

Geneva—14 March 2005

For three years, the Baha'i International Community has been saying that the gross, flagrant, repeated violations of human rights in Iran – including the abuses that target Baha'is in that country – warrant the re-establishment of a monitoring mechanism.  For three years, this Commission has not been capable of presenting a resolution on Iran, while the situation there has gradually but steadily deteriorated. And now, over the past few months, we have had the impression of shifting back in time, some 20 years or more, as we have witnessed a resumption of violent attacks on the Baha'i community in Iran.

The most serious outbreak occurred in Yazd, where several Baha'is were assaulted in their homes and beaten, a Baha'i’s shop was set on fire and burned, and others were harassed and threatened, following a series of arrests and short-term detentions.  The Baha'i cemetery in Yazd was wantonly destroyed, with cars driven over the graves, tombstones smashed and the remains of the interred left exposed.

In Tehran in March, Iranian intelligence agents entered the homes of several Baha'is and spent hours ransacking their houses before carting away their possessions and taking them into custody. Five Baha'is have been imprisoned just this past month.  Two were finally released on bail, but family and community members have not been able to locate those in detention.  Two others, who had previously been briefly detained for nothing more than distributing copies of a courteous open letter to President Khatami, have now been sentenced to prison for this so-called offence. Six more Baha'i families recently had their homes and land confiscated, depriving them of their only means of livelihood.

The Iranian authorities say they have resolved one issue: access to higher education. But all they did, in fact, was raise false hope. In August last year, Baha'i students were allowed to take the national entrance exam, making them believe that they might at last attend university, for the first time in over 20 years. But a month later, in September, the authorities crushed their hope again – blocking admission for nearly 800 Baha'i students who had passed the exam.

Iranian officials sometimes claim that they are trying to stop such abuses. More often, however, the authorities will not address the matter at all, as they refuse to recognize the Baha'i Faith as a religion and the Baha'i community as a religious minority. Refusing to address an issue does not make it go away.  On the contrary, tensions in this country are rising. Harassment and arrests of Baha'is are increasing, outbreaks of violence have recurred.

Indeed, human rights violations in Iran have again become so grave that, in our view, they warrant a clear signal from the international community and a decision to re-establish international monitoring – now.

The role of men and boys in achieving gender equality

The role of men and boys in achieving gender equality

Written Statement Prepared for the United Nations Commission on the Status of Women at its 48th Session Item 3a of the Provisional Agenda

New York—1 March 2004

The 1995 Beijing Platform of Action underlined the indispensability of the contribution of men and boys to achieving gender equality. Recent years have witnessed considerable advances in women's attainment of political and civil rights, but the implementation of full gender equality requires a profound shift in individual values, outlook and conduct, which will ultimately transform the underlying ethos of social institutions, making them more welcoming to women.

The teachings of the Baha'i Faith offer a model of gender equality based on the concept of partnership between the sexes and the active support of men and boys for the achievement of equality. Three basic elements underpin the Baha'i­ approach:

  • Baha'i­s are committed to an evolutionary social transformation of fundamental values, even in regions of the world where cultural traditions impose obstacles to women's development. Enduring change comes through cooperative activity of men and women rather than through confrontation. Hence, we call upon all members of society to encourage and support women to develop their full potential and to strive for their equality and human rights and we recognize that much more can be accomplished in the long run if men and women work together. Within the family, therefore, boys and girls alike are taught respect for all females and within the Baha'i­ community, programs are conducted to educate men and boys concerning the status of women, and a variety of practical measures are instituted to foster their involvement in promoting gender equality as a shared community goal.
  • The full development of men and boys is inextricably linked to the advancement of women. A society characterized by gender equality serves the interests of both sexes. It enables men and women to develop in a more balanced and multifaceted way and to discard the rigid role stereotypes so crucial to shifting family dynamics, and to accord women full access to the world of work. It also enables both sexes to recognize each others' needs, building an awareness vital to the resolution of issues associated with women's health. It also enables the replacement of unequal relationships and tendencies toward domination and aggression with genuine partnerships between the sexes characterized by collaboration and the sharing of resources and decision-making.
  • Baha'i­s view the advancement of women as an ongoing organic process aligned with forces of social transformation and the movement towards the recognition of the oneness of humanity. We recommend making a start, however modest, by educating boys from the earliest stage of their social development in initiatives along the lines of those outlined above, and by engaging the support of men in this process, in order to foster a more conscious awareness that the interests of men and boys are linked to those of women.
  • In light of the experience and contribution of the Baha'i­ community in 182 countries towards the implementation of these principles, Baha'i­s remain optimistic about the achievement of gender equality and the progressive involvement of men and boys in achieving this goal.

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