3a

Religious Tolerance

The promotion of tolerance appears as part of the United Nations’ original agenda in the charter of 1945. However, religious tolerance was not specifically addressed until 1948 when the Universal Declaration of Human Rights was ratified. This document set forth thirty fundamental human rights applicable to everyone regardless of race, sex, language, or religion. Furthermore, Article 18 addresses religious rights specifically by protecting rights of choice and observance of one’s chosen religion.

In 1966 new progress for religious tolerance was achieved by the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights. Article II of the first covenant bans religious discrimination outright, while freedom of religion and religious tolerance are part of the educational rights outlined in Article 13. The latter covenant elaborates on universal rights in education, employment and living conditions, cultural and social rights, plus minority group rights. and stresses equality for all.

The General Assembly’s adoption of The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief was the next monumental step in addressing the issue of religious intolerance. Further crystallizing previous religious rights and setting a specific definition for freedom of thought, conscience, religion or belief, this declaration was intended to help eliminate religious intolerance entirely. Henceforth religious tolerance became an annual issue on the UN agenda.

The United Nations took further steps to attack religious intolerance with the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities in 1996, and a resolution concerning Protection of Religious Sites in 2000. Other routine issues include interreligious dialogues, freedom of speech as pertaining to religion, combating the defamation of religions, and creating a general international arena of understanding, harmony and cooperation through legislative, social, and educational policies. These issues eventually prompted a World Conference on Human Rights in Vienna during 1993. The Vienna conference was deemed hugely successful, ending with the adoption of a new program of action agreed to by 171 member states.

Most recently the United Nations attempted to gain universal adoption of a new program outlined during the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held at Durban. However, the conference failed to achieve universal ratification for the resulting declaration and many States took little to no measures to ensure greater tolerance within their country. As a result a Durban Review Conference was held in April of 2009. However due to controversy over possible anti-Semitic elements in the 2001 document nine countries initially boycotted the conference. Offensive remarks about the Israelis made by President Mahmoud Ahmadinejad caused delegates from another 23 countries to walk out during the conference. Thus, a universally accepted plan for religious tolerance has yet to be achieved.

Questions to consider from your government’s perspective on this issue include:

How can the United Nations eliminate the problem of religious intolerance?

What steps has your country taken to protect religious freedoms, especially those of minority religious groups?

How did your country react during the 2009 Durban Review Conference?

What legislative and educational steps can be taken to guarantee the promotion of tolerance and encourage respect for religious diversity?

Bibliography:
“Durban Review Conference 2009,” NGO Monitor, June 15, 2009. http://www.ngo-monitor.org/article/durban_conference_0

NEIL MacFarquhar. “Iranian Calls Israel Racist at Meeting in Geneva” New York Times April 20, 2009. http://www.nytimes.com/2009/04/21/world/21geneva.html

“Resolutions / Regular Sessions,” UN General Assembly. Department of Public Information United Nations, 2004. http://www.un.org/documents/resga.htm

“UN Documents Cooperation Circles Gathering a Body of Global Agreements: Human Rights,” NGO Committee on Education. http://www.un-documents.net/k-001243.htm
–Universal Declaration of Human Rights
–International Covenant on Economic, Social and Cultural Rights
–International Covenant on Civil and Political Rights
–The Declaration on the Elimination of All Forms of Intolerance and of Discrimination
  Based on Religion or Belief
–Vienna Declaration and Programme of Action
– Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and   Linguistic Minorities
– Protection of Religious Sites in 2000

“World Conference on Human Rights, 14-25 June 1993, Vienna, Austria,” Office of the High Commissioner for Human Rights, April 1995. http://www.ohchr.org/EN/ABOUTUS/Pages/ViennaWC.aspx

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3b

Human Rights and the Administration of Justice

Following World War II, the Universal Declaration of Human Rights (UDHR) comprised the first international legal effort that limited the action of states and championed basic rights and freedoms on a global scale. The document specifically declares individual rights in areas such as freedom of religion and belief, rights to life, liberty, and security of the person, the right not to be subject to cruel, inhuman, and degrading punishment, and the right to an effective remedy to violations of human rights in national tribunals. Human rights have been significantly expanded in the 20th and 21st centuries through groundbreaking United Nations resolutions as well as the creation of key institutions such as the Human Rights Council.

A number of UN bodies and organs deal with the issue of human rights, primarily the High Commissioner for Human Rights and the Human Rights Council. There are also certain treaty-based bodies whose purview encompasses human rights issues (including the Human Rights Committee; the Committee on Economic, Social, and Cultural Rights; Committee on the Elimination of Racial Discrimination; the Committee Against Torture; and Subcommittee on the Prevention of Torture; the Committee on the Rights of the Child; the Committee on Migrant Workers; and the Committee on the Rights of Persons with Disabilities). Some regional bodies also deal with human rights issues, such as the European Court of Human Rights and the Inter-American Court of Human Rights.

Historically, the Third Committee’s discussion has focused on such issues as the advancement of women, the protection of children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the promotion of the right to self-determination. Through the work of the Third Committee and other UN organs, significant gains have been made such as the suspension of executions, release of detainees and medical treatment for prisoners, as well as changes in the domestic legal system of States which are parties to human rights instruments such as the UDHR. Some states, however, have come to view the rapid expanse of human rights and their administration as impositions on the sovereign right to establish independent, national legal systems.

The administration of human rights in the context of justice presents many challenges. There is a serious need for greater technical assistance to strengthen infrastructure in countries that often look to UN programs for such support. Recently the Third Committee has focused on drawing particular attention to the issues of incarceration, arrest, investigation, and treatment before tribunals as it relates to the rights of women and children. Administration of justice in post-conflict situations and the human rights of migrants have also attracted significant attention due to some of the problems that remain in those fields. In the wake of conflict, often the institutions necessary for adequate protection of human rights are not present, increasing the likelihood that those rights might be violated in the administration of justice. Migrant workers similarly have fewer protections due to lack of political representation and sometimes questionable legal status.

Past resolutions have urged States to provide training, including gender-sensitivity training, in the field of juvenile justice to all law and social work professionals. Several resolutions have addressed human rights abuses in particular regions, such as those suffered by migrant workers in Afghanistan, the occupied Palestinian territories, Myanmar, the Democratic People’s Republic of Korea, and the Democratic Republic of the Congo. In March 2008 the committee addressed devoting “particular attention to the issue of women in prison, including the children of women in prison, with a view to identifying and addressing the gender-specific aspects and challenges related to this problem.” Yet another resolution focused the Third Committee’s discussion on reform in the juvenile justice system, strengthening structures for the maintaining justice in post-conflict situations, and development of further training, resources, and common indicators as it relates to the administration of justice. Additionally, the Committee has addressed the gender specific challenges inherent in the administration of justice, including providing gender-sensitivity training at all levels.

In a 2007 report, the Secretary-General provided information on practical measures taken and planned activities to assist countries in strengthening their systems of administration of justice in juvenile justice, including in post-conflict situations, and gave a range of examples of how assistance is delivered under a variety of conditions. The need for technical assistance and training of officials, as well as the various needs to focus on the concerns of rights of women and children in prison, the establishment of justice in post-conflict situations, and child justice reform will be important and often competing goals in current and future resolutions.

Questions to consider from your government’s perspective on this issue include:

• What resources can be drawn upon to advance reform in the juvenile justice system among States?

• What tools are needed to address human rights violations for women in prison and their children? How can these tools be provided to States?

• What current monitoring mechanisms have been successful? Are there other methods of monitoring human rights abuses in the justice context? What role should the Human Rights Council play in this process?

• What can be done to encourage Member States to dedicate the financial resources necessary to provide technical and training assistance to improve the establishment of justice in States?

Bibliography:        

Abou-Alsamh, Rashid. “Saudi Rape Case Spurs Calls for Reform,” The New York Times, 1 December 2007, http://www.nytimes.com.

Dannheisser, Ralph, “U.S. Welcomes U.N. Call for Improved Human Rights in Four Nations,” america.gov, 26 November 2006.

“Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers,” OHCHR in Cooperation with the International Bar Association, www1.umn.edu/humanrts/monitoring/hradmin.html.

“In Third Committee, Human Rights Experts Urge Stronger Action by International Community to Counter Violations,” Press Release GA/SHC/3794, 29 October 2004, www.unis.unvienna.org.

“Right to Development, Girl Child, Protection of Migrants among Issues Addressed, as Third Committee Adopts Six Texts, Concludes Current Session,” Press Release GH/SHC/3912, 28 November 2007, www.un.org.

“Two-day Deliberations End with Contentious Resolution Calling for Moratorium on Use of Death Penalty Approved by Third Committee after Vote,” Press Release GH/SHC/3906, 15 November 2007, www.un.org.

Wines, Michael. “For Young Offenders, Justice as Impoverished as Africa,” The New York Times, 24 December 2006, www.nytimes.com.

UN Documents:

A/61/384

A/54/340

A/C.3/62/L.45

A/HRC/4/102

A/RES/62/158

A/RES/61/181

A/RES/60/159

A/RES/58/183

A/RES/56/161

A/RES/217A

E/2004/23

Universal Declaration of Human Rights           

 

Additional Web Resources:

www.hrw.org – Human Rights Watch

www.ohchr.org – Office of the High Commission for Human Rights

www.un.org/rights/morerights.htm – United Nations Human Rights

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