Policy
on Religious Freedom
The
International Association for Religious Freedom affirms the
right to freedom of religion or belief as set forth in international
law.
1.
International Law
The
Universal Declaration of Human Rights asserts 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." (Article
18)
The
International Covenant on Civil and Political Rights reaffirms
this right and asserts that: "Freedom to manifest one's
religion or beliefs may be subject only to such limitations
as are prescribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental rights
and freedoms of others." (Article 18, Paragraph 3)
The
Declaration of the Elimination of All Forms of Intolerance
and Discrimination Based on Religion or Belief proclaimed
by the General Assembly of the United Nations on 25 November
1981 (Resolution 36/55) emphasizes "the principles of
nondiscrimination and equality before the law" proclaimed
by the Universal Declaration of Human Rights and the International
Covenants on Human Rights. The 1981 Declaration asserts that:
"No one shall be subject to discrimination by any State,
institution, group of persons, or person on grounds of religion
or other beliefs." (Article 2, Paragraph 1) It defines
"intolerance and discrimination based on religion or
belief" to mean "any distinction, exclusion, restriction
or preference based on religion or belief and having as its
purpose or as its effect nullification or impairment of the
recognition, enjoyment or exercise of human rights and fundamental
freedoms on an equal basis." (Article 2, Paragraph 2)
The
Human Rights Committee at its 1247th meeting (46th session,
20 July 1993) adopted General Comment 22 on the International
Covenant on Civil and Political Rights which affirms: "Article
18 is not limited in its application to traditional religions
or to religions and beliefs with institutional characteristics
or practices analogous to those of traditional religions.
The Committee therefore views with concern any tendency to
discriminate against any religion or belief for any reasons,
including the fact that they are newly established, or represent
religious minorities that may be the subject of hostility
by a predominant religious community."
2.
National Law
The
International Association for Religious Freedom recognizes
that national legislation concerning freedom or religion or
belief varies from country to country. The IARF affirms that
securing the human right of freedom of religion or belief
does not require uniform legislation in every country, so
long as the basic principles of nondiscrimination and equality
before the law are respected.
As
there is no definition of religion in international law, the
IARF understands "religion" to refer to the human
activity that is generally described as "religious"
in historical, sociological, and legal descriptions of human
societies. The IARF understands "belief" in the
phrase "freedom of religion or belief" to mean beliefs
concerning the meaning and purpose of life, which function
in the lives of those who hold them and in their organizations
in a manner similar to religious beliefs, but which are not
claimed by those who hold them or their organizations to be
"religious."
Therefore,
the IARF affirms, for instance, that individuals have the
right to express humanist beliefs in the same ways that religious
persons have the right to express their beliefs, and that
organizations of humanists have the right to manifest their
beliefs in the same ways that religious organizations manifest
their beliefs.
The
IARF accepts that national legislation may require religious
organizations to register with the state and foreigners who
are employed by these religious organizations to secure visas
and working permits, so long as these requirements adhere
to the principles of nondiscrimination and equality before
the law and do not unnecessarily restrict the manifestation
of religion or belief.
The
IARF is opposed to national legislation that distinguishes
between citizens of a country and non-citizens in protecting
the right to manifest freedom of religion or belief in worship,
observance, practice and teaching. Every state is obliged
by international law to secure for all persons within its
jurisdiction the fundamental human right to freedom of religion
or belief.
The
IARF is opposed to any national legislation that refers to "sects" or "cults" or "new religious
movements" in an effort to impose restrictions on some
religious organizations that are not also imposed on all religious
organizations. In addition, the IARF would question the refusal
of a nation to grant the legal status of religious organization
to an organization that has been given this status by twenty
or more other nations.
III.
RESTRICTIONS ON THE RIGHT OF FREEDOM OR BELIEF
The
IARF asserts that restrictions placed on the manifestation
of one's religion or beliefs must meet two tests. First, such
restrictions must be necessary to protect public safety, order,
health or morals or the fundamental rights and freedoms of
others. Second, such restrictions must adhere to the principles
of nondiscrimination and equality before the law.
The
IARF suggests that any such restrictions be clearly defined
by law in terms of unacceptable behaviors. Restrictions on
the manifestation of freedom of religion or belief that the
IARF supports include the prohibitions of polygamy and of
female genital mutilation.
International
law does not use the word "proselytism" nor does
it make any distinctions about acceptable or unacceptable
forms of teaching or communicating religious beliefs. The
World Council of Churches and the Vatican, however, define
proselytism as "a corruption of Christian witness"
because it employs coercion or bribery to bring about conversion.
The IARF does not support legal restrictions on "proselytism" but encourages religious cooperation within each country to
establish a code of conduct distinguishing religious witness
from proselytism.
The
IARF affirms the fundamental human right under international
law to choose not to have a religion or to choose to change
one's religion.
IV. CODE OF PRACTICE
The
IARF deplores the following practices by any religious organization
or group, and the IARF urges its members to avoid and oppose
such practices:
1)
Inviting people to an event under false pretenses, without
explaining the true nature of the event.
2)
Raising money under false pretenses, or not making clear the
purposes for which the money will be used and the name and
nature of the organization for which it is being collected.
3)
Hiding the true identity of persons trying to raise money
or to attract others into their group.
4)
Using unfair or immoral means of persuasion such as sleep
or food deprivation, hypnosis or any form of emotional, psychological
or spiritual coercion.
5)
Concealing from prospective adherents before requiring commitment
some of the implications and consequences of accepting membership
in the group.
6)
Serious discussion with minors without the knowledge of parents,
guardians or schoolteachers, and refusal or unreasonable hindering
of access to adherents or prospective adherents;
7)
Offering financial gain as an inducement to join a religious
group;
8)
Failure to be publicly accountable in use of finance and resources
where money has been raised from public sources.
9)
Irresponsibility in employment of students and staff including
but not limited to failing to pay national insurance contributions
and refusing reasonable access to medical care.
The
IARF also deplores:
1)
All attempts at the forcible "deprogramming" of
adherents of new religious movements.
2)
All attempts to declare illegal or withdraw rights from a
new religious movement or group without evidence, acceptable
by a court of law, that it is acting illegally or has done
so.
3)
Any lack of concern for the truth and for the spreading of
misinformation.
4)
Any denial of the right of an individual freely to choose
his or her religious beliefs and practice.
V.
STATE SUPPORT FOR RELIGION
The
IARF recognizes that international law does not prohibit state
support for religion, but only requires that any such support
adheres to the principles of nondiscrimination and equality
before the law.
Many
members of the IARF support the idea of a secular state, because
they believe the state should in no way support or discourage
religion. Other members of the IARF support the idea of state
assistance to religion so long as such assistance adheres
to the principles of nondiscrimination and equality before
the law.
As
many countries have a history of observing cultural traditions
that involve the religious symbols or festivals of only some
of the religious organizations legally recognized within a
country, the IARF does not see these observances as discriminatory
unless the members of those religious organizations not observing
them are subjected to intolerance or coerced to participate
in these observances despite their objection as a matter of
conscience.
VI.
GUIDE-LINES FOR IARF ACTIVITY
The
IARF will give priority to supporting initiatives by its members.
The
IARF will consult with its members in a country before taking
any initiative with respect to an issue concerning religious
freedom in that country.
In
a region where the IARF has a Coordinating Council, any IARF
strategy for supporting religious freedom in the region will
be developed in consultation with the Coordinating Council.
The
IARF affirms that the right of freedom of religion or belief
should be protected for all persons and religious groups and
gives priority in the allocation of its limited resources
to support for religious groups recommended by the Coordinating
Council for the region in which the group is located or by
the Council or both.
Support
by the IARF for freedom of religion or belief does not imply
that the IARF must accept into its membership any religious
group that applies. Membership in the IARF is solely at the
discretion of the IARF Council.
The IARF will utilize its representatives at the United Nations
in Geneva and New York to support initiatives on behalf of
freedom of religion or belief. The General Secretary shall
be responsible for interventions by the IARF at the United
Nations and shall report these to the Council.
Approved
by the IARF International Council at its meeting on 27-28
March 1998.
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