Tag: religion

  • Ján Figeľ and András Sajó open the 24th Annual International Law and Religion Symposium

    Ján Figeľ and András Sajó open the 24th Annual International Law and Religion Symposium

    The video recording of the Symposium

    Two distinguished Keynote speakers addressed participants from around the world assembled for the opening session of the 24th Annual International Law and Religion Symposium. In addition to an address by Ján Figeľ, Special Envoy for the Promotion of Freedom of religion or Belief Outside the European Union, those assembled at the J. Rueben Clark Law School and participants via webcast, were privileged to hear from András Sajó, Former Judge and Vice-President of the European Court of Human Rights.

    The opening session commenced with the Director of the International Center for Law and Religion Studies, Brett G. Sharffs welcoming attendees and inviting them to reflect on the role religion can play in building peace, stability, and harmony or alternatively contributing to disunity and violence. BYU President Kevin J. Worthen, and Dean of the J. Reuben Clark Law School, Gordon Smith, then also welcomed attendees, after which the Founding Director of the International Center for Law and Religion Studies, W. Cole Durham Jr. introduced the Keynote speakers.

    Ján Figeľ’s message focused on the political and social dimensions of religious freedom in a changing world. He expressed that freedom of religion or belief is the litmus test of all human rights because it is linked to a litany of other rights including freedom of thought, conscience, and conviction, as well as the right to assembly, association, and expression. As a consequence of this expansiveness, Figeľ explained “respect of human rights is not possible without respecting freedom of religion or belief.” Nevertheless, global statistics reveal a gloomy picture, as three-quarters of the world’s population live in countries where freedom of religion is highly restricted. The scale of these restrictions ranges from intolerance, to discrimination, to persecution, and even genocide. He expressed, “Society needs to learn to live in diversity, not just exist in diversity.” With the forced migration of a record number of people (245 million), it is time to think about religious climate change and to overcome ignorance, illiteracy, and divisions, and work for peace, justice, sustainable development, and human dignity for all. Figeľ explained peace is the fruit of justice, while warning that evil has three decisive allies: ignorance, indifference, and fear. These are combatted with courage, education, and responsibility. While the world is changing, resulting in uncertainty and conflict, Figeľ expressed that one thing should not and does not change: our shared commitment to upholding human dignity and protecting fundamental human rights.

    Following Ján Figeľ’s remarks, András Sajó spoke of the detrimental effects on religious freedom resulting from a decline in liberty, dedicating his remarks to W. Cole Durham Jr. He identified three particular assaults on liberty including contemporary security concerns, the extension of the public sphere and government services, and the shift in the freedom to manifest religion from a matter of liberty toward being a matter of personal identity. Sajó related how historically, countries have justified security-based restrictions on religion as necessary to protect society against subversion or affronts to national identity. While some argue that radical religious teachings should be prohibited, the adoption of so-called subversive doctrines may destroy the current framework of protections for all religions. Sajó then turned to the problems related to the “cult of personal identity,” asserting that new human rights have been created in the last 20-30 years that have extended the public sphere and created a tension with religious rights. For instance, because religions command external action that overlaps with ordinary human conduct, such as conduct related to diet, appearance, and social interactions, freedom of religion increasingly comes into conflict with these new rights and the prevailing forms of public order, especially where public order is secularized. However, Sajó argues the state should respect religious demands on conduct as long as they are compatible with other peoples’ freedoms. That entails toleration of such practices even if that toleration may cause some emotional discomfort for others. Ordinary emotional discomfort cannot be sufficient grounds for restricting religious expression. Sajó concluded his message with a request for tolerance and by expressing his hope that participants in the democratic process would understand the moral superiority and practical advantages of the dictates of liberty.

    by Melissa Hartman, BYU Law Student and Symposium Volunteer

    The article is available here: https://www.iclrs.org/index.php?pageId=2&contentId=19&blurbId=84356

  • European envoy on freedom of religion or belief: Sudanese partners open to dialogue on religious diversity

    Jan Figel, Special Envoy for the Promotion of Freedom of Religion or Belief outside the European Union, visited Sudan from the March 14 to 17, 2017

    KHARTOUM, Sudan, March 20, 2017/APO/ —

    Jan Figel, Special Envoy for the Promotion of Freedom of Religion or Belief outside the European Union, visited Sudan from the March 14 to 17, 2017. The visit is to support cooperation in intercultural and interreligious dialogue, and to promote freedom of religion or belief and peaceful coexistence of different communities.

    The Envoy called for the pardoning of the two Sudanese pastors, sentenced along with the released Czech Missionary Peter Jašek

    The European Envoy met with members of the National Assembly and the Government including the ministers for Foreign Affairs and  Endowments and Guidance. Figel also met representatives of religious, political and civil society organisations. He gave a lecture at the Ahfad University for Women. He visited the National Human Rights Commission and Council of Islamic Fiqh, Nour Mosque, a Coptic Church and the Sufi ceremony in Omdurman.

    Figel said that the exchanges demonstrated readiness of Sudanese partners to engage in continuous and constructive dialogue on religious diversity in Sudan, Horn of Africa and globally. The Envoy discussed the constitutional amendments and their compliance with international human rights law, highlighting the importance that the legislative framework also reflects these standards. “A fair state must be organized around equal citizenship for all. Diversity enriches while uniformity weakens societies,” said Jan Figel. More…

  • Ján Figeľ’s speech at the 23rd Annual International Law and Religion Symposium at BYU

    EUROPEAN UNION AND FoRB: A NEW MOMENTUM

    Excellencies,

    Ladies and Gentlemen,

    It is with a great pleasure to be here today. Our symposium is an excellent opportunity to discuss the changing nature of religious rights under international law, as well as recent political development on both sides of Atlantic with regard to the protection of religious rights. Freedom of religion or belief is today an established human right. Since the Virginia Bill of Rights it has been enshrined in numerous human rights documents, including the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights. Nevertheless, despite this strong legal basis, many persons still struggle to achieve a full protection of their freedom of religion or belief. It is then more important than ever to facilitate a genuine legal research and development of faith-related legal frameworks and concepts, in the broadest sense of the word.

    It is clear that rather than promoting specific religious norms or traditions, religious freedom shall ensure equal respect for all human beings as holders of profound convictions and faith-based practices. Freedom of religion or belief refers to all human beings and therefor become universal right in the strict sense, as stated by the UN Human Rights Committee, – Article 18 protects theistic, non-theistic, and atheist beliefs, as well as the right not to profess and religion or belief. The European Court of Human Rights has developed a similar line of reasoning.

    The above clarification can provide answers to objections sometimes raised by some liberals arguing that the religious freedom is privileging Homo Religiosus. Such clarification is necessary and helpful, but not sufficient. Merely rejecting typical misunderstandings does not suffice to win hearts and minds of people and foster their active commitment on behalf of freedom of religion or belief. In the past, as well as today, many liberals, but also conservatives, strongly supported freedom of religion or belief. These rights have been historically associated with philosophers and authors such as John Locke, Thomas Pain, or Immanuel Kant, to name just a few.

    Let’s move from these historical and philosophical roots of the freedom of religion or belief to the current praxis in the public sphere. I will speak about my European experience. As you certainly know, Jean-Claude Juncker, President of the European Commission, appointed me as the first Special Envoy for the promotion of freedom of religion or belief outside the European Union in Vatican on the occasion of the award of the Charlemagne Prize to Pope Francis in May this year. I assume this new role for an initial mandate of one year. I understand that you would like to know more about the scope of my function, and my main priorities as well.

    On the occasion of my nomination in May, President Juncker said that freedom of religion or belief is a fundamental right which is part of the foundation of the European Union. The persistent persecution of religious and ethnic minorities makes protecting and promoting this freedom inside and outside the EU all the more essential. The European Parliament supported this endeavour and has called for this initiative in its Resolution on Systematic mass murder of religious minorities by the co-called ISIS-Daesh of 4 February 2016. Given the importance of promoting and protecting freedom of religion or belief outside the EU in the context of the EU dialogue and assistance programmes with third countries, the function of the Special Envoy is attached to the European Commissioner Neven Mimica, who is responsible for International Cooperation and Development.

    During this initial period of time, my priority will be to promote practical protection mechanisms for anyone that is persecuted and humanitarian aid for those in need in the most badly-affected areas. I will work together with the European Parliament, the European diplomatic service, the Council representing EU Member States, parliaments of the EU Member States and our international partners such as the UN or the Council of Europe to engage in a permanent dialogue on how the EU can best contribute to the promotion of freedom of religion or belief in the world. There are already several European programmes and instruments to promote human rights in general and of freedom of religion in particular, such as the European Instrument for Democracy and Human Rights (EIDHR). We will develop further these programmes. I will also present a report as part of the ongoing dialogue between the European Commission and churches and religious associations or communities, which is led by the First Vice-President of the Commission Frans Timmermans.

    Ladies and Gentlemen,

    Not only in our regular dialogue with Churches and religious associations or communities under article 17, but also in our daily interactions with the third countries, are religious leaders our key partners. I would like to stress it as the commitment to support communities and people in their countries and regions that are endangered by violence and destruction, is in line with my approach, as well as with the Resolution of the European Parliament that requested that the EU Humanitarian Aid and Cooperation units fully cooperate in their work directly with the recognised leaders of the targeted ethnic and religious minorities and include them in their plans for, and in the practical implementation and distribution of, the aid, in order to better meet their needs and those of the population in general. Recently, I have received a clear support from the religious leaders of the Middle East countries as well as from our European partners, to implement this method of cooperation. Furthermore, in October, I will meet in Brussels Patriarchs from Syria, and I am looking forward to continue our cooperation with religious leaders also during my missions in the region.

    My thematic priority is to work harder for interfaith reconciliation, dialogue and long term peace building. These political priorities should be accompanied by a concrete and efficient support, in particular in the field of education, interfaith dialogue, reconstruction and preservation of cultural heritage, as well as assistance to the refugees wishing to return to their homeland. With this in mind, I would like to stress that we are already, together with the services of the European Commission, preparing missions in some countries such as Iraq and Jordan. Iraq is a strategic country within the Middle East area, from where Abraham, respected by all three monotheistic faiths, was called to accomplish his vocation. This country was, however, wounded by horrific waves of conflicts and wars, and it is our common responsibility to help those who, since centuries, lived together, often in a fragile state of coexistence and peace, to have capabilities to restore peace and live again in their communities.

    Ladies and Gentlemen,

    Being in America, I would like to finish with an interesting historic example of Alexis de Tocqueville, author of Democracy in America, first published in 1835. In his famous report of his visit to America during the 1830s, Tocqueville mentions discussions with American Catholic priests who not only praised religious liberty but even clearly appreciated the secular Constitution. For Tocqueville such attitude was a big surprise, as his native French clergy position was completely opposite to a secular Republic, influenced by the French Revolution. This example illustrates the impact of personal historic experience and clear advantages of freedom of religion or belief for minority populations. The experiences of Roman Catholics in America later also had an enormous impact on the Second Vatican Council and the declaration Dignitatis Humanae.

    During the 19th century, Catholics used to be a religious minority in America. Today, in a globalised world, there is not a single country, where we cannot find religious minorities. One may think of Muslims in Europe, Christians in India or Pakistan, Hindu in Malaysia, or Christians, Jezidi and Shia Muslims in Iraq. Those who really care for their own religion, usually care for the religious freedom of other believers, in particular if they suffer harassment, discrimination or even persecution. Practising solidarity in a credible and sustainable manner also implies opening oneself up to the problems with which other minorities are confronted. Such a dialogue can become an entry point for commitment on behalf of freedom of religion or belief, here in the United States, in my native Europe, but also in other countries of the world.

    Thank you for your attention.

    Ján Figel’ Special Envoy for promotion of freedom of religion or belief outside the EU

    Symposium at the BYU in Provo, October 2016

  • A Welcome Surprise: The First EU Special Envoy on Freedom of Religion or Belief Outside the EU

    On Friday 6 May, whilst Brussels was enjoying a bank holiday, European Commission president Jean-Claude Juncker announced the appointment of ex-Commissioner Jan Figel as the first EU Special Envoy on Freedom of Religion or Belief (FoRB) outside the EU.

    Why has this appointment been made?

    This appointment followed a little noticed paragraph in the European Parliament (EP) resolution on the systematic mass murder of religious minorities by the so-called ‘ISIS/Daesh’, which had called in paragraph 10 for such a posting. Calls made in EP resolutions are notoriously under-implemented; even the European External Action Service (EEAS) staff seemed to be taken by surprise by the announcement, which as it concerns FoRB outside the EU, falls under their remit.

    The appointment, thus, has left many in Brussels wondering what it will actually mean in practice. During his speech to the Vatican, President Juncker said that “Freedom of religion or belief is a fundamental right which is part of the foundation of the European Union.” This is consistent with a growing importance being given to FoRB over the past couple of years; the EU Guidelines on this topic emerged in June 2013. In 2015, the European Parliament established an EP Intergroup on Freedom of Religion or Belief and Religious Tolerance and the commission appointed coordinators on anti-Semitism and anti-Islamophobia within the EU.

    What is clear is that Jan Figel will act as a special advisor to Neven Mimicia, the European Commissioner for International Development. Whereas other advisors to commissioners have clearly defined mandates on the EC website, the fact that Jan Figel only has a title indicates that he will have some flexibility to shape his work.

    Why is it important?

    The will to mainstream freedom of religion or belief into the EU’s wider external agenda is a very welcome sign. Given the increasing number of FoRB violations taking place both inside and outside of Europe, there needs to be a push for an increased awareness of the need for FoRB and the way that it benefits communities. Pew’s most recent study on religious hostility worldwide found that 5.5 billion people worldwide live in countries with high or very high overall restrictions on religion. Several of these countries are recipients of EU development aid.

    “The will to mainstream freedom of religion or belief into the EU’s wider external agenda is a very welcome sign.”

    That said, given that the majority of those people are citizens of China and India, the world’s largest emerging economies, it may have been useful for Jan Figel to have also been made a special advisor to Cecilia Malmström, the European Commissioner for Trade. According to research by Dr Brian Grim, FoRB is good for business and countries with fewer restrictions on religion experience more investment and growth – so perhaps it’s an argument that can still be made.

    How much influence will the EU Special Envoy on FoRB outside the EU actually have?

    It remains to be seen what the relationship will be between the Special Envoy and Stavros Lambrinidis, the EU’s Special Representative for Human Rights and the EEAS. Given that the EEAS is responsible for arranging the EU’s human rights dialogues (bi-lateral talks that take place between the EU and third countries) it would be in the interests of coherence for Mr Figel to establish close contact with this institution.

    If Jan Figel uses the EU’s FoRB guidelines as a basis for his work, then he could play an instrumental role in pushing for their wider dissemination and implementation at the dialogues. He could also work to mainstream religious concerns more broadly in the EU’s peacekeeping initiatives. Mr Figel should strive to form a working group incorporating all of those concerned with different aspects of FoRB so as to ensure the coherence and consistency of EU action on the matter.

    “As the world becomes more polarised and people become more wary of one another, the promotion of FoRB provides for pluralism and peaceful co-existence.”

    With atheist bloggers being killed in Bangladesh, Yazidis and other religious minorities being massacred by Daesh (Islamic State), and religious leaders throughout the world being intimidated and arrested, FoRB is more important than ever. As the world becomes more polarised and people become more wary of one another, the promotion of FoRB provides for pluralism and peaceful co-existence. Mr Figel has the opportunity to bring together all of the elements of FoRB protection and promotion in the EU and move them forward to create a safer world for people of all faiths and none. Let’s hope he uses it.

    By Dr Susan Kerr and Claire Gilder, CSW’s Europe Office

    The article: https://forbinfull.org/2016/06/07/a-welcome-surprise-the-first-eu-special-envoy-on-freedom-of-religion-or-belief-outside-the-eu/#more-654