A
Global Review of the Denial of Religious Freedom |
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Winter 2003
Cambodia:
Problems with Proselytism
A directive released by the ministry of foreign affairs in
late February has barred Christian groups from proselytising
and disseminating religious propaganda in public. Repercussions
for those violating this directive were unclear. Reportedly,
this action comes from concern on the part of government officials
about 'overzealous preaching' in Khmer communities. Proselytising
is seen as an intrusion on personal privacy with claims that
Christian groups make door-to-door visits and pressure people
to join their religion. Officials see this as an infringement
on the rights of Cambodian people, over 90% of whom are Buddhist
with most of the remainder made up of ethnic Cham Muslims.
Although the Christian community in Cambodia constitutes a
small minority of the population (about 1%), they have been
promoting their religion in the country since the abandonment
of Communism over a decade ago. An anonymous Christian aid
director working in the country didn't feel that the new directive
would harm their work as long as activities were done under
the guidelines of the ministry and in a manner which was respectful
of others. (Source: Agence France-Presse)
While these latest developments highlight some of the tensions
in the country over evangelisation, the U.S. State Department
in its most recent report on the religious freedom situation
in Cambodia indicated that "Relations generally are amicable
between the various religious communities. The Constitution
prohibits discrimination based on religion, and minority religions
experience little or no societal discrimination in practice."
Europe:
Anti-Semitism on the Rise
Discriminations against Jews has reportedly been rising across
Europe with increasing reports of assaults on individuals
and vandalising of homes, businesses, and places of worship.
Human Rights Without Frontiers released a report in
early February on 'Anti-Semitism' in Belgium in 2002. The
report reviewed almost 40 different anti-Semitic incidents
that had taken place during the year. These incidents included,
among others, graffiti on Jewish-owned shops, throwing Molotov
Cocktails at synagogues, personal attacks on groups of Rabbis,
and damage to automobiles. Although perpetrators could not
be identified in all cases, several of the reports noted the
involvement of persons of Arab or North African origin. It
is thought that the incidents have been fuelled by the current
conflicts between Israel and Palestine.
In France, the BBC reported in late February that
455 racist and anti-Semitic incidents were recorded in French
state schools just during the autumn term alone. These incidents
included verbal insults and offensive graffiti. Education
officials have been told by the government to take a tougher
line against those engaged in such racist behaviour. Attacks
on synagogues in France have also increased since the terrorist
incidents in New York in September 2001.
Similar anti-Semitic attacks have also apparently been on
the rise in several other European countries, such as in the
United Kingdom, Russia, and Germany. Over 50 incidents, primarily
assaults against individuals, were recorded in one month alone
last year in the U.K. Jewish groups assert that the authorities
have largely turned a blind eye to these developments, a sentiment
echoed by the Lawyers Committee for Human Rights which
released a report last August entitled "Fire and Broken
Glass: The Rise of anti-Semitism in Europe." The report
concludes that European governments are not "accurately
or effectively combating anti-Semitic violence, creating a
climate that has contributed to the rise of anti-Jewish speech
and violence." While public statements have been made,
claims the report, little documentation has been released
by governments with not enough efforts made to stem a 'rising
tide' of violence. (Report and suggested actions to take are
available at: http://www.lchr.org/IJP/antisemitism/antisemitism.htm).
France:
New Muslim Council Created
After several years of effort, French officials and Muslim
leaders have agreed to create a Muslim Council to represent
the country's 5 million Muslims. Similar bodies have been
in existence for Catholics, Jews, and Protestants and they
enable the government to better address a religious constituency
in terms of education, work, and the administration of places
of worship. Now, reportedly, the new Muslim Council will allow
for improved dialogue between the government and the millions
of Muslims living in France. Authorities note that the effort
was a way to create an 'official Islam of France' and, therefore,
to fight the 'underground Islam' of extremism and fundamentalism.
No doubt, the threat from radical Islamic groups and the anti-Muslim
feelings created by the terrorist incidents on 11 September
2001 spurned efforts to create this new Council. Some conservative
Muslim groups in France, however, have not supported the initiative
and claim that the Muslim community is too diverse to speak
with a common voice.
In a related vein, a debate is also underway in France regarding
the potential public funding of mosques. Some officials feel
that allowing government bodies in France to subsidise mosques
would prevent some mosques from turning to Arab governments
with fundamentalist leanings as a source of funds. There are
about 1,600 mosques or Muslim prayer halls in France. A law
was put in place in 1905 which prohibited any government funding
of religious bodies. Churches built before this time, however,
were allowed to receive public funds for upkeep. Nonetheless,
due to a widely-accepted policy of strict separation of church
and state in the country, the debate about public funding
of places of worship remains very contentious. (Sources: BBC
News and the New York Times)
Iran: Death
Sentence Sparks Debate
In mid-February, Iran's Supreme Court lifted a controversial
death sentence against Hashem Aghajari, a university professor
whose case led to nation-wide protests last fall. Prof. Aghajari
had been condemned to death for a speech he gave last summer
in which he questioned why only clerics could interpret Islam.
In suggesting that each new generation should be able to interpret
Islam on its own, Aghajari enraged hard-line clerics who organised
street demonstrations in several cities and encouraged the
courts to prosecute him.
Alternatively, thousands of students protested the death
sentence last fall in the largest demonstrations seen in Iran
in several years. Additionally, nearly 2/3 of Iran's parliament
called for lifting the death sentence in November. A leading
reformist legislator, Mohsen Armin, said that the sentence
portrayed Islam as a religion of violence and Iran's Islamic
establishment as "dictatorial, anti-human rights, and
anti-freedom."
While the death sentence against Aghajari has now been lifted,
conservative clerics have threatened to execute Aghajari themselves
for both insulting Islam and questioning clerical rule, which
is seen as blasphemy. It remains unclear what will happen
now, or whether remaining charges will be dropped. These charges
would include Aghajari's banishment to a remote corner of
Iran and/or being banned from teaching for 10 years. Nonetheless,
the case underlines the tensions in Iran between conservative
clerics and reformists. Iran is governed by a cleric, Ayatollah
Ali Khamenei, but it also has an elected president, Mohammad
Khatami, and a parliament, both of whom are more reform minded.
(Sources: The Boston Globe, BBC News, and Associated
Press.)
Japan:
Ongoing Court Cases for Aum Shinrikyo
The Public Security Examination Commission (PSEC) has decided
to continue surveillance of the Aum Shinrikyo cult for another
3 years, claiming that leaders on trial still continue to
wield power over the cult and, thus, pose a danger. Now calling
itself 'Aleph,' the cult's founder, Shoko Asahara, was indicted
over the lethal gassing of Tokyo subways in 1995. (The closing
arguments of his almost 7 year trial are expected in April.)
Despite some 10 members of the group being prosecuted for
the attack and the group declaring bankruptcy in 1996, the
cult still claims a following of more than 1,000 members.
These followers claim that continued surveillance of the group
violates freedom of religion as guaranteed by the Constitution.
As such, they are expected to file a suit to overturn this
decision.
In a prior ruling, a Tokyo District Court stated in 2001
that, for applying surveillance, "it is necessary to
prove that there exists a specific danger that an act of indiscriminate
mass murder may be committed" and that, "if there
is no such danger, restrictions on freedom of religion cannot
be permitted." Regardless of whether further incidents
threatening the public might occur, there is little public
trust of the group in Japan and the PSEC says that Aleph still
urges followers to show absolute devotion to its former leader,
a mandate which is considered potentially dangerous.
In a related development involving the rights of Aleph's
members, the Mito District Court has ordered a town government
to pay approximately 2 million yen to 21 members of the cult
for refusing applications to register their residencies. In
a suit, Aleph's members said their human rights were being
violated as they could not, for example, register for national
health insurance without residency papers. The local government,
however, said that their applications were rejected based
on the safety concerns raised by local residents. Other local
governments across Japan have taken similar decisions. (Sources:
Mainichi, Japan Times, and Associated Press)
South Africa:
Religious Education Revised
In what should have been a routine divorce case, some legal
history was made in South Africa when a judge refused to include
a paragraph in the settlement noting that the parents would
raise their child in the Apostolic Church. The paragraph read:
"Both parties undertake to educate their minor child
in the Apostolic Church and to undertake that he will fully
participate in all the religious activities of the Apostolic
Church." Although both parents were members of the Church
and agreed to this text, the judge noted that the South African
Constitution guaranteed freedom of thought and of religion
and that including this paragraph would essentially remove
the child's freedom of thought.
While the child is only 3 years old at present, the judge
felt that no one could make decisions about religion on behalf
of someone else. In this case, he argued, such a court order
would potentially prevent the child from investigating a different
religion at some later stage, if he chose to do so. It is
key to note that the parents would not be prevented from bringing
up the boy in their church, but only that this directive could
not be made an order of the court. (Source: The Johannesburg
Sunday Times)
Regardless, parental rights to educate one's children in
religious matters remains enshrined in international agreements.
Article 5 of the U.N. Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion
or Belief (1981) states as follows: "The parents
or, as the case may be, the legal guardians of the child have
the right to organise the life within the family in accordance
with their religion or belief and bearing in mind the moral
education in which they believe the child should be brought
up."
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