Ministerie van Buitenlandse Zaken

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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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