Freedom to believe: a defining freedom

UN Chronicle, Sept-Nov, 2006

THE INTERNATIONAL COMMUNITY will mark in 2006 the twenty-fifth anniversary of the adoption by the United Nations of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief--the only international human rights instrument to exclusively focus on such freedom. However, despite the Declaration's unanimous adoption on 25 November 1981, unrelenting discrimination based on religion and belief, the proliferation of violence in the name of religion and a groundswell of religious extremism continue unabated.

The right to change one's religion or belief was first articulated in the Universal Declaration of Human Rights, which states 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". Underlining the centrality of this right in international law, the right to freedom of religion or belief was accorded to be "non-derogable". Among the activities it encompassed, the right to share or teach one's religion or beliefs has been particularly contentious.

While the Declaration calls for unconditional protection of the "internal" right to freedom of religion, the "external" right to manifest one's beliefs is subject to limitations. Governments are permitted to place restrictions on this right to "meet the just requirements of morality, public order and the general welfare in a democratic society". However, States often abuse this latitude and overstep the bounds of legitimate governmental interference in manifestations of religion and belief. The United Nations Special Rapporteur on freedom of religion or belief, tasked in part with realizing the Declaration's goals, has drawn attention to this crucial aspect: "The burden of justifying a limitation upon the freedom to manifest one's religion or belief lies with the State. The chosen measures should promote religious tolerance and avoid stigmatizing any particularly religious community. Furthermore, the principles of appropriateness and proportionality need to be thoroughly respected both by the administration and during possible legal review."

A further challenge before States is the maintenance of social cohesion in the face of increasing cultural pluralism. Often, the threat of social instability and violent protest becomes the primary motive for a State's decision to accommodate minority claims. Yet, this reactive mode breeds a dangerous pattern, responding to violence while religious groups find their concerns unheeded. The responsibility of the religious leaders in engendering and sustaining a culture of peaceful co-existence cannot be overstated when addressing freedom of religion and belief. Given the weight of religion in shaping motivation and behaviour, it is clear to the Baha'i International Community that legal mechanisms alone will not effect the required change. We must acknowledge that religion has imparted a vast spiritual, moral and civilized legacy, which the majority of the world's inhabitants continue to draw on. The challenge to religious leaders is clear: to identify and champion those spiritual principles that can answer the questions posed by an age hungering for unity and justice in human affairs or to continue to fan the flames of hatred in the name of religion.

The United Nations must unequivocally affirm an individual's right to change religion under international law. Under the UN Charter, the General Assembly may ask the International Court of Justice for an advisory opinion on the status of the right to freedom of religion or belief, clarifying whether this right has attained the status of customary international law or is left to the interpretation of each State. This would lend moral force to the condemnation of policies and practices that violate the principle of non-discrimination. The United Nations should also articulate standards for compliance with international law, such as indicators marking the presence or absence of freedom of religion or belief. An annual report, assessing the state of this freedom, would further facilitate comparisons over time and across geographic regions.

The anniversary of the 1981 Declaration sets the stage for a timely re-examination of this fundamental freedom and the means for its protection. In his own words, the Special Rapporteur "encourages Governments and nongovernmental organizations to take advantage of this occasion to organize events that will highlight the importance of promoting freedom of religion or belief and challenge the rising tide of intolerance". In this task, the Baha'i International Community considers, we must not be guided only by legal necessity. Rather, we must view it as part of a much larger undertaking of shaping attitudes and practices that allow human potential to emerge and flourish. The human mind, endowed with reason and conscience, must be free to search for truth and believe.