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Aan de Voorzitter van de Tweede Kamer der Staten Generaal Binnenhof 4 Den Haag Directie Mensenrechten en Vredesopbouw Bezuidenhoutseweg 67 2594 AC Den Haag
Datum 9 juli 2001 Auteur Hazewinkel
Kenmerk DMV/MR-526/01 Telefoon (070) 348 5048
Blad /2 Fax (070) 348 5049
Bijlage(n) 3 E-mail harm.hazewinkel@minbuza.nl
Betreft Seminar inzake Vrijheid van Godsdienst of Overtuiging in het OVSE-gebied (Den Haag, 26 juni 2001)
Zeer geachte Voorzitter,
Op 26 juni jl. vond in de Ridderzaal te Den Haag een door mijn Ministerie, in samenwerking met de Roemeense Voorzitter van de OVSE georganiseerd seminar plaats onder de titel "Freedom of Religion or Belief in the OSCE Region: Challenges to Law and Practice." Aan dit seminar, dat een verblijdend hoge opkomst (ruim 200 deelnemers) kende, werd deelgenomen door regeringsvertegenwoordigers uit de OVSE-deelnemende landen en de daarmee verbonden samenwerkingspartners, door vertegenwoordigers van internationale organisaties en van niet-gouvernementele organisaties uit binnen- en buitenland.
Aan het slot van de bijeenkomst werd door de voorzitter, de Nederlandse Mensenrechtenambassadeur mevrouw Jones-Bos, als "moderator's statement" een slotverklaring afgelegd, waarin de essentie van het in de loop van het seminar naar voren gebrachte is neergelegd.
Ik moge U hierbij deze verklaring ter kennisneming aanbieden, alsmede de tekst van de bij de opening van dit seminar door mij en door de Voorzitter van de OVSE, mijn Roemeense ambtgenoot, Mircea Dan Geoana, uitgesproken redevoeringen.
Het door de rapporteurs van dit seminar opgestelde verslag alsmede de teksten van de inleidingen en enkele andere documenten zullen worden gebundeld in een publicatie, die U na gereedkomen eveneens zal toegaan.
De Minister van Buitenlandse Zaken
SEMINAR
"FREEDOM OF RELIGION OR BELIEF IN THE OSCE REGION:
CHALLENGES TO LAW AND PRACTICE"
CONCLUDING SEMINAR STATEMENT
BY THE MODERATOR
On 26 June 2001, an international seminar on "Freedom of Religion or Belief
in the OSCE Region: Challenges to Law and Practice" was held in "De
Ridderzaal" (Hall of Knights) in The Hague, the Netherlands. The seminar was
a joint initiative of the Romanian Chairman-in-Office of the OSCE and the
Netherlands.
The seminar was opened by the Dutch Minister of Foreign Affairs, Jozias van
Aartsen, and addressed by the Romanian Chairman-in-Office, Minister Mircea
Dan Geoana. An inspiring keynote address was given by Hilde Johnson, the
former Norwegian Minister for International Cooperation and Human Rights.
The seminar was then divided into two simultaneous working sessions. One
session dealt with recognition and registration of religious and belief
communities. The other discussed restrictions on the activities of religious
and belief communities.
The seminar was attended by government representatives of OSCE Participating
States and (Mediterranean) Partners for Co-operation, representatives of
international organisations and representatives of non-governmental
organisations from the OSCE region. More than 200 people participated.
A report on the seminar will be submitted to the Permanent Council of the
OSCE and will be widely distributed.
A few general conclusions emerged from the discussions:
The right to freedom of religion or belief is enshrined in various global and regional instruments. The most extensive and detailed commitments are embodied in OSCE documents, including the 1989 Vienna Concluding Document and the 1990 Copenhagen Concluding Document. These commitments are buttressed by the growing body of case law issuing from the European Court of Human Rights, the Human Rights Committee and other treaty bodies.
Every person has the freedom to have, maintain, adopt and change his or her
theistic, atheistic and non-theistic beliefs, whether traditional, new,
well-known or unfamiliar. This freedom denotes the individual's inner,
private domain. OSCE Participating States may not impose any restrictions
whatsoever on internal freedom of religion or belief. People are free to
explore other beliefs and to make their own choices as to religious
commitment and membership, including taking up, abandoning or dissenting
from any religion or belief.
Every person also has the freedom, either alone or in community with others
and in public or in private, to manifest his or her religion or belief in
teaching, practice, worship and observance. This freedom denotes the
individual's outer domain. This external freedom of religion or belief is
not strictly a personal and intimate matter of the individual and may
therefore be restricted under certain conditions. OSCE Participating States
have committed themselves to impose such restrictions only by law and when
they are necessary in a democratic society to protect public safety, order,
health, or morals or the fundamental rights and freedoms of others. The
limitations should be proportionate to the specified aim and not used to
undermine the underlying rights and freedoms that are guaranteed by OSCE
documents.
OSCE documents neither encourage nor discourage Participating States from
imposing registration requirements on religious and belief communities. If a
Participating State chooses to impose local or national registration
requirements, such requirements should not become a precondition for the
enjoyment of the rights and freedoms set out in OSCE documents. When certain
additional rights and privileges are provided following local or national
registration or re-registration, OSCE Participating States must ensure that
the registration requirements are transparent, non-discriminatory, and serve
a legitimate purpose as agreed in OSCE documents.
In both working sessions the need for transparency was emphasized, for
instance on how Participating States are implementing their commitments and
facing their challenges in law and practice. The possibility of a broad
public dialogue on all levels of society was suggested. States should also
consider inviting groups affected and interested to share their views on
laws that are being prepared. The wish for more exchange of information,
jurisprudence and best practices at national and international levels was
repeatedly expressed.
Finally, the work of the OSCE/ODIHR Advisory Panel of Experts on Freedom of
Religion or Belief was welcomed. The Panel was encouraged to undertake
further study, analysis and dissemination of information regarding the
issues addressed during the seminar, for instance, by convening expert
meetings, by using internet tools, reviewing draft legislation and
encouraging discussion within Participating States.
The Hague, 26 June 2001
Opening address by the Dutch Minister of Foreign Affairs
Mr Jozias van Aartsen
"Freedom of Religion or Belief:
A Perennial River"
On the occasion of the Seminar
"Freedom of Religion or Belief in the OSCE Region:
Challenges to Law and Practice"
De Ridderzaal (Hall of Knights),
The Hague, 26 June 2001
(Check against delivery)
(Introduction)
Excellencies,
Distinguished delegates,
Ladies and gentlemen,
It is a great pleasure for me to welcome you to this seminar. Allow me to
especially welcome Mr Geoana and Mrs Johnson.
Today's seminar is a joint initiative of the Romanian OSCE Chairmanship and
the Dutch Government. When we suggested the idea of a seminar on freedom of
religion or belief to our Romanian friends, they immediately agreed to
co-sponsor it. I wish to express our appreciation for their valuable
support. Let me take this opportunity to pay tribute to the way Romania, and
in particular you, Minister, are carrying out the task as
Chairman-in-Office.
Mrs Johnson once used a beautiful metaphor to describe the world's religions
and beliefs. She referred to Hermann Hesse's novel, Siddharta, and said that
religion, like the river in Hesse's novel, had many voices, many melodies
and many moods. The river cannot be stopped, just as religion and the
practice of religion cannot be stopped. Mrs Johnson qualified religion as a
powerful force, and the right to freedom of religion or belief as a basic
human right.
I fully agree. This will come as no surprise considering the many rivers in
the Netherlands. Water is our lifeline; it is the blood that runs in our
country's veins. Water has shaped our country. Throughout history, it has
determined the way we live and work. Like water, religion too has shaped the
Netherlands. It was the lack of tolerance towards Protestantism in our
region that gave an important impetus to the creation of the Dutch state in
the sixteenth century. The new Protestant religion was initially treated
with disrespect and intolerance by the then dominant religions and
governments in Europe.
From this historical experience stems the long-established Dutch tradition
of tolerance and mutual respect.
(History of freedom and tolerance)
Today's call for respect for religious and belief communities is made in a
historic building, at the centre of government and parliament in the
Netherlands, closely linked to our history of freedom and tolerance.
As reflected in article 1 of our Constitution, tolerance, nondiscrimination and mutual respect are immensely important to the Netherlands. Tensions between communities and individuals mostly stem from bias and distrust.
Tolerance helps us to gain more insight into different religions and
beliefs, whether traditional or new, well-known or unfamiliar. Although
differences over matters regarding religion or belief will undoubtedly
continue to exist, knowledge will contribute to better understanding. That
is what we should strive for.
Protection of the freedom of religion or belief is a fundamental and
intrinsic element of Dutch human rights policy. Our policy regarding freedom
of religion or belief revolves around two key assumptions.
The first assumption is that every individual has the right to enjoy freedom
of religion or belief. Freedom of religion or belief covers all theistic,
atheistic and nontheistic beliefs, whether traditional or new, well-known or
unfamiliar. We must reject a narrow approach out of hand. All human rights
are universal and inalienable.
The second assumption is that freedom of religion or belief is dependent on
and interrelated to other human rights. Human rights are not a zero-sum game
in which the promotion of some rights involves the limitation of others.
Rather than competing, different rights are mutually reinforcing.
(Increasing national and international awareness)
This year marks the twentieth anniversary of the UN Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief.
A long and, if I may say so, almost unpronounceable title for the only
international instrument entirely dedicated to freedom of religion or
belief. This anniversary also offers a fitting opportunity to assess what
has been achieved in terms of this freedom, what has changed and how we
should proceed.
We all know that freedom of religion or belief is still not fully respected
throughout much of the world. While not intending to ignore or underestimate
the sweeping restrictions outside OSCE countries, today's seminar focuses on
the OSCE region, in particular on the present-day challenges facing us.
Freedom of religion or belief - though never absent in the OSCE - is now higher on the European agenda than when the Helsinki Final Act was signed. Freedom of religion or belief has also gained prominence within domestic political debates in OSCE participating States. It has again become the subject of government, parliament, NGO and academic reports and activities.
I believe we are increasingly aware of the importance of effective
protection of freedom of religion or belief in the OSCE region. Let us
address three interrelated aspects:
- national and international stability;
- the involvement of civil society; and
- multilateral activities.
(1. National and international stability)
The first aspect that has enhanced our international commitment to
protecting the freedom of religion or belief is its importance to national
and international stability.
Developments in the nineties have led us to acknowledge that religious
intolerance and persecution can jeopardise peace and stability.
The right to freedom of religion or belief has been proclaimed throughout the ages. It is a perennial right. The Universal Declaration of Human Rights and innumerable other documents enshrine it. In fact the most extensive and detailed commitments are embodied in OSCE documents.
But the realisation that religious intolerance and persecution can have an
impact on peace and stability is more recent. In many conflicts in the
world, religion is exploited or strategically manipulated. Such conflicts do
not involve only faraway places. We do not need to look far from home for
examples, as the conflicts in the Balkans have demonstrated over the last
decade.
It is interesting to observe how the OSCE has come to emphasise
interreligious dialogue as a means of conflict prevention, the core function
of the OSCE. Considering that various participating States are struggling
with the questions of how to overcome outbursts of religious intolerance and
discrimination and how to prevent conflicts involving religion, it would be
helpful to share national and local best practices.
(2. Involvement of civil society)
The second aspect that has enhanced our international commitment to
protecting freedom of religion or belief is the increasing involvement of
civil society, including NGOsand religious and belief communities. The Dutch
professor Theo van Boven has recently and rightly pointed out that:
"(...) the promotion of freedom of religion or belief is par excellence a
task which requires permanent efforts on the part of non-state actors (...).
These are indispensable partners for (...) work in favour of more
understanding and tolerance with respect to the 'other' person, the 'other'
faith and the 'other' side."
The OSCE is unique in this respect. Unique in the way it has integrated the
active participation of NGOs into the intergovernmental process. The OSCE
implementation, review and other meetings in the field of the human
dimension provide a unique forum for frank and direct discussions between
NGOs and government officials.
World dynamics have changed and NGOs are increasingly involved in
international politics. They can serve as a monitoring and early warning
resource to governments, following cases of violation of freedom of religion
or belief. Moreover, they can help reflect the real world outside the
conference rooms in our debate and action. They can bring the experiences of
various segments and groups in society to the fore.
Recently, several local councils on religion or belief have
been established in the Netherlands. Tey are evidence of a willingness on the part of people from different backgrounds to share their views and experience. A national platform for freedom of religion or belief was launched recently to organise public debates on this subject.
(3. Multilateral activities)
The third aspect concerns the promotion of freedom of religion or belief in
the multilateral field. Our campaign must be global. Our national activities
must be complemented with multilateral activities. Various multilateral
organisations offer useful frameworks for this purpose: the European Union,
the Council of Europe, the OSCE and the United Nations.
Within the OSCE, the Netherlands has always actively pursued the cause of
freedom of religion or belief. The Dutch were also actively involved in the
seminars that the OSCE organised in 1996 and 1999. As a result the Advisory
Panel of Experts was established, which now comprises two Dutch expert
members. Today's seminar also bears witness to our commitment. And we most
certainly intend to continue to give the subject our full attention when we
assume the Chairmanship of the OSCE in 2003.
At global level, the UN General Assembly, the Commission on Human Rights and
the various treaty bodies are appropriate fora for concrete action. In this
respect I would like to emphasise the important role of the UN Special
Rapporteur on freedom of religion or belief. We are looking forward to the
anniversary conference the Special Rapporteur is organising in cooperation
with the Government of Spain in Madrid in November.
(4. Further debate)
Further debate is important. We have made considerable
progress in recent years. On all continents people from different backgrounds live together in peace and harmony. In these societies respect, fairness and tolerance prevail; diversity is seen as an asset rather than a liability; minorities are involved in decision-making.
But much still needs to be done. Discrimination and intolerance remain
widespread. One of the areas of discrimination and intolerance involves the
recognition and registration of religious and belief communities. I hope
that this seminar will manage to take some significant steps in this
direction.
At my request, the Dutch Advisory Council on International Affairs has
prepared a report on the subject of our seminar, to be found in your
conference pack. I hope it may provide useful input for your discussions.
(Conclusion)
Although freedom of religion or belief has, from the outset, been an
integral part of the OSCE process, there are obviously differences in how
this freedom is observed in law and practice within the participating
States. I hope today's seminar will provide a useful forum for debate.
Excellencies, ladies and gentlemen,
Let us remember that in pursuing our goal, we are not fighting an uphill
battle. We are following a downstream course. To return to Mrs Johnson's
quotation about Herman Hesse's river: it has many voices and is a powerful
force. Rather than trying to stop it, we should follow its perennial stream.
Only if we do, will we be able to enjoy its richness.
Speech Minister Geoana
(Check against delivery)
"FREEDOM OF RELIGION OR BELIEF IN THE OSCE REGION: CHALLENGES TO LAW AND
PRACTICE"
The Hague, the Netherlands
Tuesday 26 June, 2001
First of all, I would like to thank you for your invitation to take part in
this seminar and to thank the Dutch authorities for their collaboration in
organizing this event. I would also like to commend the Dutch government
for taking the initiative to explore the issue of freedom of religion, one
of currently great relevance and importance in the OSCE region.
It is a primary priority for OSCE to initiate the proper dialogue, to take
the right measures and to continuously promote the concept of religious
freedom. This freedom includes the right of the individual to proclaim
religious identity and to honor his/her beliefs; the right to freely
associate with religious institutions or communities and to engage in
activities in accordance with those beliefs. In other words, the right to
faith without discrimination.
The Universal Declaration of Human rights recognizes that the liberty to
practice and profess one's religious beliefs is fundamental to every human
being. Religion and faith are reflections of one's conscience and thought
process. They are the medium of externalizing these thoughts; they are the
bonds that bring people of the same beliefs together; and they are the
reason to worship and engage in religious activities. For these reasons,
freedom of religion is not an individual and solitary cause. It embodies the
rights for free thinking, expression and association.
Social discontent, artificial stability and hatred are symptoms of a
politically unhealthy environment in which these basic human rights are
infringed. Around the world, there are millions of people who suffer for
their beliefs. OSCE will not tolerate that. We must identify our areas of
influence where situations like these exist or have the potential to exist
and take the necessary measures to prevent the social unrest and/or violence
that might arise.
The countries of the former Communist bloc, alongside their economic
transition, are undergoing a religious transition. We are witnessing the
revival of faith in post-communist Europe. After decades of religious
oppression, new churches, synagogues and mosques are under construction. In
societies suffering the high social costs of transition, the younger
generations are returning to older values which their parents were forbidden
to follow. Shared religious belief and conviction provides a cohesiveness
which binds society and communities together. This is the face Europe should
show the 21st Century.
My own country is going through such a revival. In Romania, although the
majority of the population belongs to the Romanian Orthodox Church, other
religious denominations and churches are recovering and building new
congregations following the fall of Communism. They enjoy the same rights
and liberties as the Romanian Orthodox Church does. Churches which belong to
ethnic minorities are free to carry out religious services, educational and
administrative activities in the mother tongue of their believers. We are
still faced with a few open issues, hangovers from former times, such as
restitution of property confiscated during the Communist period. But we are
committed to providing the conditions for a free, tolerant and vibrant
spiritual environment. Our churches are working together to promote
ecumenical understanding. The Pope's visit to Romania in 1999, the first
ever to an Orthodox country, was warmly welcomed by the Romanian Orthodox
Church, the Government and all sectors of society, and offered a vivid
demonstration of the rapprochement of two great churches.
But it is not always as easy elsewhere to introduce the principle of
religious tolerance. There are parts of our OSCE area, from Northern
Ireland through the Balkans to Central Asia, where religious prejudice and
intolerance persist: against Jews, against Muslims, against Christians of
all denominations. And we have witnessed the ugliest demonstration of all
in the form of violence and persecution.
What has happened in the Balkans over the last ten years and even today has
no place in the 21 century. It is a throwback to the 19 century.
Political leaders on all sides use and abuse the fault-lines in their
societies to incite civil conflict and provoke bloodshed
In Central Asia, fundamentalism has allied itself in some cases with
extremist political movements which threaten the security and stability of
the countries of that region. But fear of religious extremism has led to the
repression of religious minorities and restrictions through the registration
process. There are many prisoners of conscience. I would urge those
governments to remember that restrictions which affect even the moderates
can drive them towards extremism and violence. Lack of freedom and the
absence of protection through the rule of law encourages harassment and
persecution within societies, and violent attacks on religious minorities.
In countries with one dominant church, tensions can arise through aggressive
proselytizing by newer churches.
And we are constantly reminded of the threats to religious sites. These are
part of our identity, our culture and our history. They are part of our
heritage. Damaging or destroying religious sites is a desecration of all
these things. Throughout history, too many churches, synagogues and mosques
have been demolished, and as a consequence too many people have suffered.
The violence surrounding the recent attempts to rebuild the mosque in Banja
Luka is the most current example. A short tour of the Balkans would wound
the soul of any traveler. We can not allow this to happen. We must follow
Rabbi Schneier's example to raise awareness and take positive action.
Governments, national and local, have the obligation to take the right
measures to prevent such hateful acts.
We must make sure that all countries within the OSCE area have a legal
framework that allows, first and foremost, the recognition of religious and
faith communities. Within countries or regions where discrimination exists,
special attention must be given by close monitoring. We can exert pressure
on governments to enact legislation which meets OSCE standards. We can
ensure that, where registration procedures exist, they are positive measures
that reflects social and political acceptance, and avoid abuse of
registration procedures as a means of control by imposing rigid criteria for
religious recognition.
This fundamental legal right to freedom of belief shall provide the solid
base for the establishment of religiously tolerant societies within the OSCE
region. It should secure for all recognized faiths within a community the
elementary right to worship and to engage in activities pertinent to their
religious beliefs. They should, without any hindrances, be free to build
prayer establishments, to hold religious services and ceremonies, perform
baptisms, marriages and burials according to their faith and to teach
religion to their believers. The views and beliefs of these faiths should
be freely expressed through journals, newspapers or any other media form.
In order to fully develop religiously tolerant societies, political and
legislative approaches have to be coupled with the social approach. We need
to open dialogue, to encourage initiatives for cooperation between religious
leaders. They are the spiritual leaders of their faith community. They have
the ability and obligation to reach their believers and promote tolerance
and unity as opposed to competition and hostility. There is room for many
faiths to coexist in a society. Faith should be a uniting, not a dividing
factor.
At the OSCE level, we can promote this issue through further dialogue and
concrete follow-up action to seminars such as this one. We need to raise
awareness of areas in the world where people still suffer because of their
faith and beliefs. We must erase the ethnic, cultural and religious fault
lines which have divided and destabilized Europe for too long. Education,
awareness and proper action, by individuals, organizations and authorities
are the key. The NGO community can provide valuable information and
contribute through independent action and projects. The media can and
should expose and condemn religious conflicts and intolerance. OSCE can
monitor the registration processes, pressure governments for adequate
legislation after advice on OSCE standards.
It is the duty of OSCE to "consolidate the participating States' common
values and help in building fully democratic civil societies based on the
rule of law". The OSCE`s aim is to contribute to the creation of a Europe in
which religious freedom and tolerance is a reality for every one; a truly
multiethnic, multi-cultural and multi-faith Europe. This will be the true
test of our European vision.
Thank you for your attention.
Kenmerk
Blad /1
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