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| Denison (Proham) & Saifuddin (GMM) |
The Global Movement of
Moderates (GMM) and The Association for the Promotion of Human Rights (Proham)
hosted a Consultation on Religious Freedom or belief in the ASEAN region on
July 2 & 3, 2014 which was attended by about 60 people. This consultation
reviewed the Guidelines prepared by the Indonesian Human Rights Working Group (HRWG)
entitled “How to promote and protect the freedom of religion or belief in the Asean
region?”
The Consultation was
officially declared open by the YB Tan Sri Joseph Kurup, Minister in charge of
National Unity in the Prime Minister’s Department. Tan Sri Shafee Abdullah, the
Malaysian representative to the Asean Inter-governmental commission on Human
Rights (AICHR) and the Indonesian counterpart HE Rafedi Djamin who was
instrumental in the development of these guidelines for religious freedom in
the Asean region shared some reflections. Also speaking at the opening was the
EU Ambassador HE Luc Vandebon who drew some parallel developments in EU on
religious freedom.
The organisers were
supported by SUHAKAM; the Institute of Ethnic Studies, UKM; the Bar Council
Human Rights Committee and the European Union delegation in Malaysia.
Resource
Persons
The draft religious freedom
guidelines for Asean was presented by Ms Yuyun Wahyuningrum and Mr Muhammad
Hafiz of HRWG. There were a number of people invited to give feedback and
comments on the relevance and applicability to Asean and Malaysia.
Among them who gave their
views were Datuk Kuthubul Zaman (Proham), Tan Sri Michael Yeoh (ASLI), Datuk
Khaw Lake Tee (SUHAKAM), Ms Ratna Osman (Sisters in Islam), Assoc Prof Dr
Raihanah Abdullah (OIC Human Rights Commission), Ms Zainah Anwar (MUSAWAH), Mr Sadar
Jagir Singh (MCCBCHST), Datuk Vaithalingam (Proham), Rev Dr Herman Shastri
(CCM), Ms Loh Pai Ling (Buddhist Missionary Society Malaysia), Dr Daniel Ho
(DUMC), Datin Paduka Marina Mahathir (NUCC), Mr Myo Win (Smile Education &
Development Foundation, Myanmar), Mr Andrew Khoo (Bar Council) & Prof Dr
Harry Harun Behr (German Islamic Conference).
Major
Reflections
Arising out of the
Consultation are fifteen key points which could be noted as further reflections
on this theme of promotion & protection of human rights in the Asean region.
First, the participants
appreciated the work of HRWG in the preparation of the Guidelines based on
human rights framework and instruments. It is recognised as a very useful tool
for Asean member countries. It was also acknowledged that these guidelines
could be formally adopted by Asean heads of government and that Malaysia when
it takes over the chair of Asean in 2015 could play a lead role as Malaysia has
been promoting moderation and harmony in international relations.
Second, the participants
recognised that ASEAN and its 600 million people belonging to ten different
nations are very diverse with rich cultures, different linguistic grouping,
numerous ethnic communities, multiple religious and philosophical heritages and
varied historical traditions. At the same time, ASEAN has been
experiencing many difficult periods of conflict and contestation especially
between majority and minority communities with respect to religious freedom. In
some cases it is not only inter religious conflicts but also intra religious
ones.
Third, the Consultation heard
reports of the suffering and violations experienced by the Rohingya community
in Myanmar, many issues confronting Muslim women and unresolved concerns confronting
religious minorities in Malaysia. It was felt that the principles of mutual
respect, moderation and greater appreciation of human rights are a potential
way forward. That these proposed guidelines will enhance greater promotion and
protection of religious freedom.
Fourth, that ASEAN has over
the past forty-seven years of its founding on August 8, 1967 made significant
efforts towards the forging of the Asean community. Two major consensus actions
were the establishment of the Asean Inter-governmental Human Rights Commission
(AICHR) and approving the Asean Human Rights Declaration (AHRD) on Nov 18,
2012.
In this declaration there is
a specific article on the protection of religious freedom (Article 22). It
reads: - “Every person has the right to freedom of thought, conscience and
religion. All forms of intolerance, discrimination and incitement of hatred
based on religion and beliefs shall be eliminated”
Fifth, we also heard the initiatives
undertaken by the Organisation of Islamic Cooperation (OIC) in the
understanding and promotion of human rights from an Islamic perspective among
the 57 Islamic majority countries. That the Cairo Declaration and the “UN
Resolution 16/18 on combating intolerance, negative stereotyping and
stigmatization of, and discrimination, incitement to violence and violence
against, persons based on religion or belief” firmly supports religious freedom
and provides useful initiatives in the protection as well.
Sixth, the participants
agreed that the leaders of each member states of Asean have the obligation to
respect, protect and promote religious freedom or belief. There is therefore, an
urgent need for clear policy guidelines in the interpretation and
implementation of Article 22 of the AHRD within the ASEAN region. This HRWG
document of Religious freedom could serve that purpose in developing a common
set of standards for the Asean community
Seventh, it is recommended
that ASEAN should establish a High Level Taskforce on Religious Freedom. We
recognise religious freedom and conflicts are very sensitive issues at the
nation state level, however we recognise that human rights violations at the domestic
level have an impact for regional peace and security, there is therefore an
urgent need for resolution and reconciliation, a higher level panel might be
the best way forward. This measure can complement the role of AICHR and enable
it to also have greater role in protection by empowering AICHR to receive complaints,
investigate it and provide resolution and remedies.
Eight, it was strongly
expressed that civil society, academia with the cooperation of National Human
Rights Institutions should establish an Asean level monitoring mechanism which
will regularly document gross violations
and alert member states, AICHR and international treaty bodies.
Ninth, it was also discussed
and recommended that Asean should establish an Asean Human Rights Court. There
could be also some regional mediation centres at the Asean level like community
mediation or as in the case of business there are arbitration centres.
While some felt that the
Asean current policy of non-interference and consensus decision making will not
allow it nonetheless it was felt that this must be a vision and goal towards
enhancing the regional resolution mechanism in order to strengthen regional peace
and security. This can therefore be seen as peers from within the regional
addressing violations such as what is currently being experienced by the
Rohingya community
Ten, it was also felt that there
is a need to establish an inter-faith dialogue mechanism at the Asean level.
Currently there are very strong mechanism for the ten governments, the business
community, civil society and even academic networks. It is proposed that at an
Asean level the meeting of religious and spiritual leaders from the diverse
traditions is very necessary to enhance greater understanding, mutual respect
and appreciation. These leaders whether Buddhist, Muslim, Christian or Hindu
have a major influence among their followers. They can become a major vehicle
for Asean community building.
Eleven, we heard examples
from Germany of the public school initiatives in religious education and the
development of curriculum. In a similar way it is of utmost important that
children and young people have some appreciation of the rich diverse religious
and spiritual traditions so as to enable them to understand and respect other religions.
There is a need to enhance greater inter-ethnic and intra-ethnic understanding
of the rich diversity in Asean and how it religion and ethnic relate to each
other.
Twelve, it was also proposed
that there be specific youth based programs to enhance greater understanding
and appreciation through inter-faith tours as well as good role modelling by
mentors. This is not an attempt to create syncretistic religious followers but
to enable young people to be strong in their respective religious traditions
but relate in moderation and mutual respect for others.
Thirteen, it was felt that
both judges and enforcement officials need greater exposure and training on
matters pertaining to understanding and appreciation of religious traditions as
well as the fundamental human rights instruments especially those that have be
ratified by member states. It is important for all public officials including
elected representative to note that their governments have an obligation domestically
to abide by them. Developing training
and educational modules is of utmost importance.
Fourteen, the role of UN Special
Rapporteur for religious freedom was discussed. It was pointed out that Prof Dr
Heiner Bielefeldt who is the current Special Rapporteur, has a UN mandate “to identify
existing and emerging obstacles to the enjoyment of the right to freedom of
religion or belief and present recommendations on ways and means to overcome
such obstacles”. It was proposed that Asean member states should make use of
this UN expert and enhance the promotion and protection of religious freedom.
It was specifically
mentioned that Malaysia is unwilling to invite him or give permission to him to
visit Malaysia. It was suggested that GMM and Proham host an event to invite
the UN Special Rapporteur for a visit to Malaysia and seek the Ministry of Foreign
Affairs to facilitate such a visit
Fifteen, it was also felt
that Asean could also work partnerships with the European Union as there are also
similar majority-minority inter religious and intra religions concerns.EU
member states are coming to terms with minority religious or ideological groups
and they have developed effective human rights instruments as well as community
mediation initiatives. Malaysia too could draw some lessons from these to
enhance greater inter faith understanding and cooperation. Both GMM and Proham
could work with the EU office in Malaysia to enhance this cooperation and
partnership
Prepared
by:
Datuk
Saifuddin Abdullah (CEO GMM) & Datuk Dr Denison Jayasooria
(Secretary-General, Proham)July 5, 2014
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