美国国务院2007年度《国际宗教自由报告》英文全文及中文概要

令狐药师

Peru
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 496,225 square miles and a population of 27.2 million. Among the major religious communities are Roman Catholics, various Protestant denominations (including Baptist, Anglican, Assembly of God, and others), Seventh-day Adventist, the Church of Jesus Christ of Latter-day Saints (Mormons), Jehovah's Witnesses, Judaism, the Baha'i Faith, Hare Krishnas, and Islam. There also are indigenous communities practicing various forms of pre-Columbian and syncretistic (blending Christian and pre-Columbian) beliefs, as well as a unique and well-organized local religious group, the Israelites of the New Universal Pact, which is unrelated to Israel or Judaism.

The 2006 National Continuous Census conducted by the National Statistics Institute (INEI) finds that 85 percent of the population that identified with a religion is Catholic and 11 percent Protestant; the remaining 4 percent includes Adventists, Mormons, Jehovah's Witnesses, and Israelites of the New Universal Pact. Those who identify themselves as either agnostic or atheist comprise 1.4 percent of the population.

The Catholic nongovernmental organization (NGO) Episcopal Commission for Social Action (CEAS) estimates that only 5 percent of Catholics regularly attend weekly church services.

The membership of most religious groups remained fairly constant, but various evangelical Christian denominations had rapidly increasing congregations. According to some estimates, in the last 20 years, Protestant representation in the population grew from 2 to 3 percent to 10 to 15 percent.

The National Evangelical Council (CONEP) estimates that evangelicals represent at least 15 percent of the population. Historically, evangelicals resided in smaller communities outside of Lima and in rural areas, but in the last 15 years their numbers in urban areas increased significantly. There are small Jewish populations in Lima and Cuzco and small Muslim communities in Lima (mostly of Palestinian origin) and Tacna (predominantly of Pakistani origin).

The founder of the Israelites of the New Universal Pact organized the group in 1960 in Junin Department; most adherents are concentrated in and near Lima. Some Catholics combine indigenous worship with Catholic traditions. This type of syncretistic religion is practiced most often in the Andean highlands. Indigenous people in the remote eastern jungles also practice traditional faiths.

Foreign missionary groups operate freely, although they do not receive the same privileges as the Catholic Church with respect to customs, immigration, and taxation.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. Article 50 of the Constitution establishes separation of church and state but recognizes the Catholic Church's role as "an important element in the historical, cultural, and moral development of the nation." The Government acts independently of Catholic Church policy. Nonetheless, it maintains a close relationship with the Church, and an agreement signed with the Vatican in 1980 grants the Catholic Church special status. Critics complained that the agreement was unconstitutional because it was signed with a military government, not by democratic representatives. Officials of the Church sometimes play a high-profile role in the public sector.

The Constitution specifically prohibits discrimination based on religion, but the Catholic Church receives preferential treatment in education, tax benefits, immigration of religious workers, and other areas, in accordance with the agreement. All work-related earnings of Catholic priests and bishops are exempt from income taxes. Buildings, houses, and other real estate owned by the Catholic Church are exempt from property taxes; other religious groups (depending on the municipal jurisdiction) may pay property taxes for schools and clergy residences. Some Catholic clergy and laypersons receive state remuneration in addition to the stipends paid to them by the Church. This applies to the country's 52 bishops, as well as to some priests whose ministries are located in towns and villages along the borders. In addition each diocese receives a monthly institutional subsidy from the Government. According to Catholic Church officials, none of these payments are substantial.

The executive branch formally interacts with religious communities on issues of religious freedom through the Ministry of Justice. The Ministry implements laws and interacts with the public through the Office of Catholic Affairs and through the Office of Interconfessional Affairs, which deals with non-Catholic religions. Both offices maintain a continuing dialogue with the Catholic Church and other organized religious groups on religious freedom. Both offices exist primarily to process complaints of religious discrimination and to assist religious groups in relations with the state, such as exemptions from import taxes and customs duties.

In 2004 the Ministry of Justice promulgated a regulation to enhance religious freedom and equality by allowing non-Catholic churches to receive state benefits similar to the Catholic Church; however, some evangelical Christian churches complained that this new regulation required a church to operate 7 years before being recognized. In addition many evangelical churches lack central lines of authority and doctrinal unity, complicating the process of registration. More hierarchical and established church groups supported strict registration requirements.

As a result of negotiations between the Ministry of Justice and an interfaith working group of non-Catholic religious groups, regulations now permit the major evangelical umbrella organizations, CONEP and the Union of Evangelical Christian Churches of Peru (UNICEP), to register churches. The registration does not recognize churches officially but identifies those Protestant churches eligible for assistance from the Office of Interconfessional Affairs. The interfaith working group continues to advocate a draft law to promote further religious freedom and equality. The legislation is currently awaiting revisions in the Ministry of Justice. Congressmen have proposed at least three other draft laws on religious freedom. At the end of the period covered by this report, Congress had not taken action on the drafts.

All religious groups are free to establish places of worship, train clergy, and proselytize. During the period covered by this report, a member of the Lima Bar Association filed a discrimination complaint to protest the presence of a crucifix in the main lobby of the group's building.

The law mandates that all schools, public and private, impart religious education as part of the curriculum throughout the education process (primary and secondary), "without violating the freedom of conscience of the student, parents, or teachers." Catholicism is the only religion taught in public schools. Many non-Catholic religious or secular private schools have been granted exemptions from this requirement. The Education Ministry made it mandatory for the presiding Catholic bishop of an area to approve religious education teachers.

Parents who do not wish their public school children to participate in the mandatory religion classes must request an exemption in writing from the school principal. Non-Catholics who wish their children to receive a religious education in their own faith are free to organize such classes, at their own expense, during the weekly hour allotted for religious education; however, the parents must provide the teacher.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion.

The Freedom of Conscience Institute (PROLIBCO), an NGO that favors strict separation of church and state and opposes preferential treatment for any religious group, claimed that the financial subsidies and tax benefits given to the Catholic Church are far more extensive and lucrative than publicly acknowledged. Ministry of Justice officials stated that the Catholic Cardinal of Peru is paid $400 (PEN 1,260) per month, and six archbishops are given almost $300 (PEN 900) per month; other Catholic Church officials receive lesser amounts.

Catholic charities do not pay customs duties. Non-Catholics with extensive charitable activities complained that donations of goods from abroad are taxed at commercial rates. Catholics and non-Catholics are subject to equal taxation in regard to many, but not all, other activities. Catholics are exempt from paying taxes on places of worship and other religious buildings, and Catholic officials are exempt from taxes on certain kinds of travel.

In 2006 religious groups and the Ministry of Justice worked together to change residency documents to differentiate between "religious" and "nonreligious" status, rather than between "Catholic" and "non-Catholic," as had been done previously. This reform helped to equalize the immigration process so that non-Catholics are not disadvantaged.

Non-Catholic organizations complained that although their adherents are exempt from attending Catholic instruction, students who do so lose academic credits. Students who graduate from primary and secondary schools without these credits cannot be at the top of their class, regardless of other academic achievements. These students are thus disadvantaged in competition for scholarships or for admission to universities with competitive entry requirements.

By law the military may employ only Catholic clergy as chaplains, and Catholicism is the only recognized religion for military personnel. A 1999 government decree creating 40 Catholic military chaplaincies obliges members of the armed forces and the police, as well as relatives and civilian coworkers, to participate in Catholic services. There have been no reports of discrimination or denials of promotion for non-Catholic members of the military, nor of personnel refusing to participate in Catholic services. Some non-Catholic soldiers, however, have complained that it is difficult to find and attend Protestant religious services because of the lack of Protestant chaplains.

Some non-Catholic missionary groups have claimed that the law discriminates against them by taxing religious materials they import, including Bibles, whereas the Catholic Church is not taxed on such items.

Abuses of Religious Freedom

In early May 2007 the remains of evangelical pastor Jorge Parraga Castillo were found at the Manta military base. On October 25, 1989, the military had detained him and took him to the base. Witnesses claim that the military tortured and killed Pastor Parraga and then burned his body. The Ombudsman's office did not believe that Pastor Parraga's death was related to his work as a pastor. By the end of the reporting period, no one had been charged in the killing, although an investigation by the Public Ministry was continuing.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Improvements and Positive Developments in Respect for Religious Freedom

President Garcia recognized Protestantism's growing influence by attending a service organized by Lima evangelical churches during his 2006 inauguration festivities. His action sparked debate about the need to balance freedom of religion with the country's traditional identity as a Catholic nation. Masses were often celebrated at government-sponsored events-including those taking place on government property; however, many new Congressmen broke with tradition by refusing to invoke either God or the Bible during swearing-in ceremonies.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice.

Protestants gained high-level leadership positions in society. In 2005 two prominent evangelical pastors created the National Restoration (RN) party, which remained open to all religious groups. The party ran a candidate in the 2006 presidential elections who finished sixth and later ran a candidate in the Lima mayoral race who finished third. Three evangelical Protestants were elected to Congress. An evangelical Christian was elected president of Congress in August 2006.

Religious groups occasionally joined forces on ecumenical projects on behalf of the poor. The Catholic Church and evangelical churches collaborated closely in the area of human rights. The Catholic Church utilized evangelical church staff in rural areas to minister to its congregations when no priest was available. The Catholic Church (through the CEAS) and the Peace and Hope Evangelical Association, an evangelical NGO, have conducted joint national campaigns on behalf of prison inmates and detainees wrongly charged or sentenced for terrorism and treason. Major political figures have promoted religious freedom in public affairs, and non-Catholic politicians have attained higher profiles.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. U.S. embassy staff met with leaders of numerous religious communities, including representatives of the Catholic Church, Protestant groups, and the Jewish community. The Embassy also continued regular contact with religious organizations involved in the protection of human rights, including the CEAS, the Interreligious Committee of Peru, UNICEP, the Peace and Hope Evangelical Association, and the Freedom of Conscience Institute.



Released on September 14, 2007

令狐药师

St. Kitts and Nevis
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 104 square miles and a population of 46,000. Christianity is the dominant religion. An estimated 50 percent of the population adhere to Anglican beliefs, and 25 percent are Roman Catholic. Methodists, Moravians, Seventh-day Adventists, and Jehovah's Witnesses are also present. Evangelical Christian groups have been gaining followers. There is a small Church of Jesus Christ of Latter-day Saints (Mormon) community. Minority religious groups include Rastafarians and members of the Baha'i Faith. There is no organized Jewish community, although there is a Jewish cemetery on Nevis.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. The Government at all levels sought to protect this right in full and did not tolerate its abuse, either by governmental or private actors. The Government is secular and did not interfere with an individual's right to worship.

The Ministry of Social Development is responsible for the registration of religious groups.

The Christian holy days of Good Friday, Easter, Whit Monday, and Christmas are national holidays.

There were two Catholic schools and a Seventh-day Adventist school. The Government did not contribute financially to these schools. The Government requires all schools to conduct morning Christian prayers and hymns.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice; however, Rastafarians complained of discrimination, especially in hiring and in schools.

The St. Kitts Christian Council, which included Anglican, Catholic, Methodist, and other traditional Christian religious groups, conducted activities to promote greater mutual understanding and tolerance among adherents of different Christian denominations. The Evangelical Association united 11 churches in the evangelical community and promoted their interests.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.



Released on September 14, 2007

令狐药师

St. Lucia
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 238 square miles and a population of 165,000. Christianity is the dominant religion. According to the 2001 population and housing census, Roman Catholics account for approximately 67 percent of the population. The second largest group is Seventh-day Adventists, comprising almost 9 percent of the population, followed by Pentecostals, with nearly 6 percent. Evangelicals and Anglicans each account for approximately 2 percent of the population, while Baptists and Methodists represent smaller numbers.

The total number of non-Christians is very small. There are an estimated 350 Muslims; while some of the Muslims are immigrants from other Caribbean countries, the Middle East, and South Asia, most Muslims are local converts. Muslims worship in two musallahs (informal places of worship) but are in the process of building a mosque. Other religious groups include Baha'is and Rastafarians; according to the 2001 census, Rastafarians numbered approximately 3,500 members.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. The Government at all levels sought to protect this right in full and did not tolerate its abuse, either by governmental or private actors.

The Government is secular and did not interfere with an individual's right to worship. The Government maintains a close relationship with the Christian Council, an organization comprised of the Catholic Church and mainline Protestant denominations.

Christian holy days, including Good Friday, Easter Sunday, Whit Monday, and Christmas, are national holidays.

The Government was revising its registration policy for religious groups, which was pending at the end of the reporting period. The Government suspended all applications for formal registration as a religious group until completion of this process. This moratorium affected the Muslim community, the Church of Jesus Christ of Latter-day Saints (Mormons), and approximately 10 other organizations during this period. Official recognition allows a religious organization to have duty-free import privileges and the right to register births, deaths, and marriages within the community. Any citizen can register life events with the Government; however, registration of a religious group allows its officials to act in this capacity as well. While awaiting registration, religious groups had the freedom to meet and worship according to their beliefs. In September 2006 the Islamic Association of St. Lucia, an organization that represents a number of traditions within the Muslim community, successfully registered as a nonprofit organization, but due to the moratorium the Government had yet to register it as a religious group.

The public school curriculum includes Christian education; however, non-Christian students are not required to participate. There also are private schools sponsored by both the Catholic and Anglican churches.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion.

Rastafarians complained that the use of marijuana, pertinent to their religious rituals, was illegal.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice.

Some tension existed between the historically dominant Catholic Church and the rapidly growing evangelical groups, some of whom allegedly criticized the Catholic Church during their proselytizing efforts.

In April 2006 a man was remanded to custody, accused of attempting to assassinate the Eastern Caribbean's Catholic Archbishop. At the end of the reporting period, the accused was still in remand as his case was continually postponed.

Although Rastafarian leaders acknowledged that intolerance was gradually decreasing, they complained that discrimination still existed against their members, especially in hiring and in schools.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.



Released on September 14, 2007

令狐药师

St. Vincent and the Grenadines
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 150 square miles and a population of 119,000. Christianity is the dominant religion. According to the 2001 population and housing census, the Anglican Church and Pentecostal congregations each consist of approximately 19,000 members, the Methodist, Seventh-day Adventist, and Baptist churches each comprised 11,000 adherents, while 8,000 citizens claim to be Roman Catholic. Other denominations, such as evangelical groups, Church of God, and Jehovah's Witnesses are present in smaller numbers. According to the census, there are approximately 1,500 Rastafarians. Baha'is are present in smaller numbers.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. The Government at all levels sought to protect this right in full and did not tolerate its abuse, either by governmental or private actors.

Christian holy days, including Good Friday, Easter, Whit Monday, and Christmas, are national holidays.

Students in public schools receive nondenominational religious instruction based on Christianity; however, students are not forced to participate in religious instruction. Representatives from different religious groups are occasionally invited to speak to students. Most speakers represent the Anglican or Catholic churches. Teachers are also allowed to provide information on other religious groups.

The Government occasionally organizes interfaith services through the Christian Council, an organization comprising the Anglican, Catholic, and Methodist Churches, and the Salvation Army.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion.

Rastafarians complained that the use of marijuana, integral to their religious rituals, was illegal.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice; however, Rastafarians complained of discrimination, especially in hiring and in schools.

Both the Christian Council of Churches and Association of Evangelical Churches conducted activities to promote greater mutual understanding and tolerance among different Christian denominations.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.



Released on September 14, 2007

令狐药师

Suriname
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 63,037 square miles and a population of 493,000. According to the 2004 census, an estimated 27 percent of the inhabitants trace their ancestry to the Indian subcontinent, 18 percent identify themselves as Creoles of African descent, 15 percent claim Indonesian ancestry, and 15 percent are of Maroon descent, or descendants of escaped slaves. Smaller percentages claim Chinese, Amerindian, Portuguese, Lebanese, or Dutch descent.

According to recent census data, 40.7 percent of the population is Christian, including Roman Catholics and other Protestant groups-among them Moravian, Lutheran, Dutch Reformed, Evangelical, Baptist, and Methodist; 20 percent is Hindu, 13.5 percent is Muslim, 3.3 percent follow indigenous religions, 15 percent claim to not know their religion, 4.4 percent claim no faith, and 2.5 percent declare unspecified faiths. Indigenous religions are practiced by the Amerindian and Afro-descendant Maroon populations. Amerindians, found principally in the interior and to a lesser extent in coastal areas, practice shamanism, a worship of all living things, through a medicine man, or piaiman. Maroons, who inhabit the interior, worship nature through a practice that has no special name, and they also worship their ancestors through a rite called wintie. Citizens of Amerindian and Maroon origin who classify themselves as Christian often simultaneously follow indigenous religious customs, with the acknowledgment of their Christian church leaders.

The Jewish community numbers 150, and there are small numbers of Baha'is and Buddhists. Other groups include the Church of Jesus Christ of Latter-day Saints (Mormons) and the World Islamic Call Society.

Missionaries are present.

Many political parties, including six of the eight governing coalition parties, have strong ethnic ties, and members tend to adhere to or practice one faith. For example, within the governing coalition, the majority of members of the mostly ethnic-Creole National Party of Suriname (NPS) is Moravian, members of the mostly ethnic-Indian United Reformed Party are Hindu, and those of the mostly ethnic-Javanese Pertjaja Luhur Party tend to be Muslim. However, parties have no requirement that political party leaders or members adhere to a particular religion. For example, the President, who is also the leader of the NPS, is a practicing Catholic.

There is no direct correlation between religious affiliation and socioeconomic status; however, those who practice indigenous religions in the small villages of the interior generally have a lower socioeconomic status. With the exception of those following indigenous practices, religious communities are not heavily concentrated in any particular region.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. The Government at all levels sought to protect this right in full and did not tolerate its abuse, either by governmental or private actors.

There are five holy days that are celebrated as official holidays: Holi Phagwa (Hindu), Good Friday (Christian), Easter Monday (Christian), Eid al-Fitr (Islamic), and Christmas (Christian). Persons of all religious groups tended to celebrate these holidays.

The Government does not establish requirements for recognition of religious faiths, nor are religious groups required to register with the Government.

Foreign missionaries face no special restrictions. They are subject to the standard requirement of an entry visa.

The armed forces maintain a chaplaincy with Hindu, Muslim, Protestant, and Catholic clergy available to military personnel of all religious groups. While the chaplaincy provides interfaith services, personnel are also welcome to attend outside religious services.

The government educational system provides limited subsidies to a number of public elementary and secondary schools established and managed by various religious organizations. While the teachers are civil servants and the schools are public, religious groups provide all funding with the exception of teachers' salaries and a small maintenance stipend. Religious instruction in public schools is permitted but not required. Schools offer religious instruction in a variety of faiths.

Parents are not permitted to homeschool their children for religious or other reasons; however, they may enroll their children in private schools, many of which have a religious affiliation. Students in public schools are allowed to practice all elements of their religion, including wearing headscarves, crosses, or yarmulkes.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice.

There is an interreligious council composed of representatives of various religious groups. Council members meet at least twice per month to discuss planned ecumenical activities and their position on government policies. The council is partially supported by and consults with the state.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. The U.S. Embassy maintained a regular dialogue with leaders of various religious communities and held three roundtable discussions with interfaith groups.

Following the 2006 controversy and subsequent violence surrounding cartoons in a Danish newspaper depicting the Prophet Muhammad, embassy officials engaged in a dialogue with one of the largest Islamic organizations in the country to discuss freedom of religion in the context of human rights.



Released on September 14, 2007

令狐药师

Trinidad and Tobago
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 1,980 square miles and a population of 1.3 million. Approximately 40 percent of the population is of African descent and 40 percent of East Indian descent. The balance is mostly of European, Syrian, Lebanese, or Chinese descent.

According to the latest unofficial estimates (2006), 26 percent of the population is Roman Catholic, 24.6 percent Protestant (including 7.8 percent Anglican, 6.8 percent Pentecostal, 4 percent Seventh-day Adventist, 3.3 percent Presbyterian or Congregational, 1.8 percent Baptist, and 0.9 percent Methodist), 22.5 percent Hindu, and 5.8 percent Muslim. A small number of individuals belong to traditional Caribbean religious groups with African roots, such as the Spiritual Baptists (sometimes called Shouter Baptists), 5.4 percent, and the Orisha, 0.1 percent. The smaller groups are Jehovah's Witnesses (1.6 percent) and atheists (1.9 percent). Those listed as "other" account for 10.7 percent, which includes numerous small Christian groups as well as Baha'is, Rastafarians, Buddhists, and Jews.

Afro-Trinidadians are predominantly Christian, with a small Muslim community, and are concentrated in and around Port-of-Spain and the east-west corridor of Trinidad. The population of Trinidad's sister island, Tobago, is overwhelmingly of African descent and predominantly Christian. Indo-Trinidadians are primarily concentrated in central and southern Trinidad and are principally divided between the Hindu and Islamic religious groups, along with significant Presbyterian and some Catholic representation.

Ethnic and religious divisions are reflected in political life, with most Afro-Trinidadians voting for the governing People's National Movement (PNM) party, and most Indo-Trinidadians supporting the main opposition United National Congress (UNC) party as well as the breakaway opposition Congress of the People (COP) party. Religious overtones were sometimes present in the messages and ceremonies of the PNM and particularly of the UNC, which occasionally incorporated Hindu references and cultural expressions into its public events. However, the COP's professed goal was to focus on issues and embrace all potential voters without reference to race, creed or ethnic origin.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. The Government at all levels sought to protect this right in full and did not tolerate its abuse, either by governmental or private actors.

To receive tax-exempt donations and gifts of land or to perform marriages, religious groups must register with the Government, which requires them to demonstrate that they are nonprofit organizations. Religious groups have the same rights and obligations as most legal entities, regardless of whether they are registered. They can own land, but they must pay property taxes; they can hire employees, but they must pay government-mandated employee benefits. Some religious groups register their organizations for increased visibility and to attract wider membership.

The Government subsidizes both public and religiously affiliated schools. It permits religious instruction in public schools, setting aside a time each week when any religious organization with an adherent in the school can provide an instructor. Attendance at these classes is voluntary, and the religious groups represented are diverse. Parents may enroll their children in private schools for religious reasons. Homeschooling is not allowed, since the Education Act mandates formal schooling for all children, whether in public or private schools.

The Ministry of Social Development is responsible for ecclesiastical affairs and administers annual financial grants to religious organizations. It also issues recommendations on land use by such organizations.

The law prohibits acts that would offend or insult another person or group on the grounds of race, origin, or religion, or which would incite racial or religious hatred, and it provides for prosecution of the desecration of any place of worship. Government officials routinely speak out against religious intolerance and generally do not publicly favor any religion. Judicial review is available to those who claim to be victims of religious discrimination.

The Government established public holidays for every religious group with a large following. The Christian holidays are Good Friday, Easter Monday, and Christmas; the Hindu holiday is Divali; and the Islamic holiday is Eid al-Fitr. In addition, the Government recognizes the Spiritual Baptist Liberation Day, associated with the Spiritual Baptist religion. The Government grants financial and technical assistance to various organizations to support religious festivals and celebrations.

The Government does not formally sponsor programs that promote interfaith dialogue; however, it supports the activities of the Inter-Religious Organization (IRO). This organization serves as an interfaith coordinating committee for public outreach, governmental and media relations, and policy implementation. It also provides the prayer leader for several official events, such as the opening of Parliament and the annual court term. The IRO liaises with the Ministry of Social Development as well as the Ministry of Education in its governmental relations.

Ministers, Members of Parliament, and public figures represented every religious group and denomination and the broad spectrum of religious beliefs in the country. They often participated in the ceremonies and holidays of other religions and actively preached religious tolerance and harmony.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion. Foreign missionaries operated freely; however, the Government limited the number of foreign missionaries to 30 per religious group at any given time. Missionaries must meet standard requirements for an entry visa and must represent a registered religious group. They may not remain for more than 3 years per visit but may reenter after a year's absence.

Members of the military are predominantly Afro-Trinidadian and Christian, and the military maintains a part-time chaplain to provide Christian religious services. Military personnel also have access to other religious services in their local communities.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice. Society is multiethnic and multireligious, and religious tolerance is instilled very early in life. Political leaders attended celebrations of all groups and often delivered speeches on religious tolerance that highlight the country's diversity.

The IRO, which was composed of leaders of nearly all religious groups with significant followings, promoted interfaith dialogue and tolerance through study groups, publications, and cultural and religious exhibitions. The bylaws of the IRO do not exclude any groups from membership. However, the Pentecostals and Seventh-day Adventists did not participate for doctrinal reasons.

Occasionally, a religious group complained about conversion efforts undertaken in neighborhoods that predominantly belonged to another faith. Most commonly, Hindu religious leaders raised this complaint against evangelical and Pentecostal Christians. These complaints may stem from underlying ethnic tensions between the Afro-Trinidadian and Indo-Trinidadian communities.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. The Embassy maintained contacts with most congregations and invited representatives to official functions.



Released on September 14, 2007

令狐药师

Uruguay
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, and the Government generally respected this right in practice.

There was no change in the status of respect for religious freedom by the Government during the period covered by this report, and government policy continued to contribute to the generally free practice of religion.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 68,039 square miles and a population of 3.2 million. While the Government keeps no statistics concerning religious affiliation, a 2004 survey published in the daily newspaper El Pais reported that 54 percent of those interviewed designated themselves as Roman Catholics, 6 percent as evangelical Protestants, 5 percent as Protestants, 9 percent as believers without a religious affiliation, and 26 percent as nonbelievers. The mainstream Protestant minority is composed primarily of Anglicans, Methodists, Lutherans, and Baptists. Other denominations and branches include evangelicals, Pentecostals, Mennonites, Eastern Orthodox, and Jehovah's Witnesses. In 2006 a religious-based nongovernmental organization (NGO) estimated that 400,000 persons considered themselves to be evangelical Protestants. The Church of Jesus Christ of Latter-day Saints (Mormons) claimed 100,000 members.

There are approximately 25,000 Jews. According to local Jewish leaders, since 2002 the number of Jews has declined due to emigration. The estimated 4,000 Baha'is are concentrated primarily in Montevideo. An April 2006 newspaper report indicated that approximately 850 families practice Buddhism. The Unification Church is active and has major property holdings, including a daily newspaper. The Muslim population lives primarily near the border with Brazil. An Islamic cultural representative estimated 300 to 400 Muslims in the country but noted that the majority were minimally observant.

Missionaries were present and reported no difficulties obtaining visas for religious work.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion, and the Government generally respected this right in practice. The Government at all levels sought to protect this right in full and did not tolerate its abuse, either by governmental or private actors. The Constitution and law prohibit discrimination based on religion. The penal code prohibits mistreatment of ethnic, religious, and other minority groups.

There is strict separation of church and state. All religious groups are entitled to tax exemptions on their houses of worship, and there were no reports of difficulties in receiving these exemptions. To receive the tax exemptions, a religious group must register as a nonprofit entity and draft organizing statutes. It then applies to the Ministry of Education and Culture, which examines the legal entity and grants religious status. The group must reapply every 5 years. Once the Ministry grants religious status, the group can request an exemption each year from the taxing body, which is usually the municipal government.

The holy days of Three Kings Day, Carnival (the Monday and Tuesday prior to Ash Wednesday), Holy Thursday, Good Friday, All Souls' Day, and Christmas are celebrated as official national holidays but with secular names.

Muslims may obtain an optional identity card that identifies their religious affiliation to employers and allows them to leave work early on Fridays, and employers generally respected this practice. While there are no mosques in the country, there are two Islamic Centers: the Egyptian Islamic Center in Montevideo, which is supported by the Egyptian Embassy, and the Uruguay Islamic Center in Canelones. The overall activity at these centers is low, and they serve primarily as social hubs for Muslim immigrants who wish to maintain ties to their culture.

Religious instruction in public schools is prohibited. Public schools allow students who belong to minority religious groups to miss school for religious holidays without penalty. There are private religious schools, which are mainly Catholic and Jewish.

Foreign missionaries faced no special requirements or restrictions.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Anti-Semitism

Jewish leaders noted a significant increase in the quantity of anti-Semitic graffiti. Police cooperated in investigating these incidents. A Jewish cemetery in Montevideo was vandalized, and anti-Semitic graffiti appeared for the first time in the second largest city. In September 2006 four persons were arrested in connection with anti-Semitic graffiti. Authorities had not resolved the case by the end of the reporting period.

On April 17, 2007, a draft law was unanimously adopted accepting the adoption of International Holocaust Memorial Day as approved by the United Nations in early 2006. The law also condemns any expression of denial of the Holocaust as a historical event.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice. The Christian-Jewish Council met regularly to promote interfaith understanding. In addition, the mainstream Protestant denominations met regularly among themselves and with the Catholic Church. There were several NGOs that promoted interfaith understanding.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. Embassy staff met with human rights and religious NGOs, including B'nai B'rith and the Israeli Central Committee of Uruguay. They also met with the leaders of religious communities, including representatives of the Catholic Church, the Jewish community, the Muslim community, the Church of Jesus Christ of Latter-day Saints, and Protestant groups.



Released on September 14, 2007

令狐药师

Venezuela
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Constitution provides for freedom of religion, on the condition that its practice does not violate public morality, decency, or the public order, and the Government generally respected this right in practice.

There were some efforts by the Government, motivated by political reasons, to limit the influence of religious groups in certain geographic, social, and political areas.

There were no reports of societal abuses or discrimination based on religious belief or practice.

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights.

Section I. Religious Demography

The country has an area of 352,144 square miles and a population of 27 million. According to government estimates, 92 percent of the population is Roman Catholic, and the remaining 8 percent is Protestant, practiced other religions, or is atheist. The Venezuelan Evangelical Council estimated that evangelical Protestants constitute approximately 10 percent of the population. A variety of missionary groups are present.

There are small but influential Jewish and Muslim communities. The Jewish community numbers approximately 15,000 and is most active in the capital, Caracas. The Muslim community of more than 100,000 is concentrated among persons of Lebanese and Syrian descent living in Nueva Esparta State and the Caracas area.

Section II. Status of Religious Freedom

Legal/Policy Framework

The Constitution provides for freedom of religion on the condition that the practice of a religion does not violate public morality, decency, and the public order; the Government generally respected this right in practice.

The Directorate of Justice and Religion (DJR) in the Ministry of Interior and Justice is mandated to maintain a registry of religious groups, disburse funds to religious organizations, and promote awareness and understanding among religious communities. Each group must register with the DJR to have legal status as a religious organization. Requirements for registration are largely administrative, the key exception being that groups serve the community's social interests. Some groups have complained that the process is slow and inefficient. There were no accounts of the Government refusing to register certain religious groups in the period covered by this report.

A 1964 concordat governs relations between the Government and the Vatican and provides the basis for government subsidies to the Roman Catholic Church. All registered religious groups are eligible for funding to support religious services, but most money goes to Catholic organizations. While the Government continued to fund Catholic-operated schools during the period covered by this report, the Government directly funded the Episcopal Conference of Venezuela (CEV) at reduced levels. There were reports of continued government funding for certain evangelical groups, although much of this was related to social projects implemented via the Government's social programs, and the specific amounts were unavailable.

Foreign missionaries require special visas. Missionaries expressed concern about refusal rates for first-time religious visas and, less frequently, renewals. Some missionary groups also complained that the religious visa process was prone to delays. The Government enforced visa requirements. The Government asked a group of Seventh-day Adventist university students and professors from the United States to cease providing medical care to indigenous persons in the State of Bolivar after the Government determined that the group did not have the proper visas and permits. In April 2007 the group departed the country.

U.S. missionaries of the Church of Jesus Christ of Latter-day Saints (Mormons) did not return to the country during the period covered by this report. In 2005 the Mormons withdrew 219 missionaries, citing difficulties in receiving religious visas.

The Government continued to provide annual subsidies to Catholic schools and social programs that help the poor, although such government subsidies were reduced in some states. Other religious groups are free to establish their own schools.

Restrictions on Religious Freedom

Government policy and practice contributed to the generally free practice of religion. The Constitution forbids the use of religion to avoid obeying the law or interfere with the rights of others; however, there were efforts by the Government, motivated by political reasons, to limit the influence of the Catholic Church and missionary groups in certain social and political areas. Leaders from a number of religious groups noted that since the reelection of President Chavez on December 6, 2006, the Government has been less open to dialogue.

The Government continued to prohibit foreign missionary groups from working in indigenous areas. In 2005 the Ministry of Interior rescinded permission for the New Tribes Mission (NTM) to conduct its social programs among indigenous tribes; NTM appealed to the Supreme Court, and the case remained pending at the end of the period covered by this report. The NTM withdrew more than 100 NTM missionaries from the indigenous areas in compliance with the Government's order. Other foreign missionary groups working in the indigenous areas departed voluntarily.

On March 19, 2007, a Caracas municipal court sentenced Andres Jose Rodriguez Rojas to 15 years in prison for the April 2006 murder of a Catholic priest who worked for the CEV. The Catholic Church and the Government had initially clashed over the handling of this case.

In January 2007 the Government declared its intention to withdraw the broadcast license of NCTV, a regional Catholic Church-affiliated network. The Government and Church leaders reached an agreement by which NCTV continued operating in the states of Zulia and Carabobo but returned to state control other frequencies that NCTV was no longer using. Public confrontation between Catholic bishops and government officials continued. Vale TV continued to be broadcast as a Catholic-operated station during the period covered by this report.

President Chavez engaged in numerous rhetorical personal attacks on specific Catholic bishops, including during a January 8, 2007, swearing-in ceremony for his new cabinet and his January 10 inauguration address. He specifically warned Catholic bishops to refrain from commenting on political issues. Prior to the December 6, 2006, presidential election, the four senior leaders of the CEV sent President Chavez a letter urging him to respect minorities and to promote harmony, dialogue, and understanding among Venezuelans. During its January 7-13, 2007, meeting with all bishops, the CEV issued communiques urging the Government to respect political pluralism and freedom of expression.

The military chaplain corps consisted almost exclusively of Catholic priests. Although armed forces members of other religious groups were allowed to attend services of their faith, they did not have the same access to clergy members that Catholic service members enjoyed. During 2007 authorities tightly regulated and limited access of evangelical chaplains to prisons. In 2005 the Ministry of Interior and Justice permitted the entry of evangelical chaplains to several of the prisons, positions that formerly had been open only to Catholics.

There were no reports of religious prisoners or detainees in the country.

Forced Religious Conversion

There were no reports of forced religious conversion, including of minor U.S. citizens who had been abducted or illegally removed from the United States, or of the refusal to allow such citizens to be returned to the United States.

Anti-Semitism

The President, government officials, and government-affiliated media outlets promoted anti-Semitism through numerous anti-Semitic comments that created a spillover effect into mainstream society. There was a rise in anti-Semitic vandalism, caricatures, expressions at rallies, intimidation, and physical attacks against Jewish institutions.

The Anti-Defamation League (ADL) reported that the President and government officials expressed anti-Semitic sentiments, blaming Israel and the Jews for the world's problems and utilizing stereotypes about Jewish financial influence and control. In criticizing Israel during the 2006 conflict between Hezbollah and Israel, President Chavez made anti-Semitic statements. On August 25, 2006, in Beijing, and again in Doha 3 days later, President Chavez likened Israeli behavior to that of the Nazis and reiterated the theme of genocide. On August 6, 2006, on the television program, Al? Presidente, on Venezolana de Televisi髇, President Chavez accused Israelis of "applying to the Lebanese people and to the Palestinian people the same treatment they have so criticized about the Holocaust." On July 28, 2006, in an interview broadcast domestically and on Al-Jazeera television, President Chavez stated that Israel's actions regarding the Palestinians and Lebanon were "perpetrated in the fascist manner of Hitler?they are doing what Hitler did to the Jews."

Government-sponsored media outlets utilized anti-Jewish caricatures and political cartoons on several occasions. The local Jewish community expressed strong concerns that such statements and publications fostered a climate permissive to anti-Semitic actions. The hosts of La Hojilla, a pro-Chavez talk show on official government television, made recurring anti-Semitic slurs, and the Government's de facto official daily newspaper, Vea, regularly published anti-Semitic comments.

Extremely offensive anti-Semitic graffiti and leaflets appeared on synagogue walls and in Jewish neighborhoods and increased in the Caracas area following the July-August 2006 conflict involving Israel and Hezbollah. Between June and September 2006, buildings associated with the Jewish community were vandalized four times, according to an international Jewish group. Jewish leaders also expressed concern over the Government's close relationship with Iran, whose President called repeatedly for the annihilation of the country of Israel.

Section III. Societal Abuses and Discrimination

There were no reports of societal abuses or discrimination based on religious belief or practice.

Section IV. U.S. Government Policy

The U.S. Government discusses religious freedom issues with the Government as part of its overall policy to promote human rights. The Embassy maintained close contact with various religious communities. The U.S. Ambassador met regularly with religious authorities and when appropriate sought to raise their concerns with appropriate government officials. Embassy representatives' access to government officials was limited.



Released on September 14, 2007

令狐药师

Appendix A: Universal Declaration of Human Rights
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor


Preamble


Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore, The General Assembly, proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of an kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and the security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

2. No one shall be held guilty without any limitation due to race, of any penal offence on account of nationality or religion, have the any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of each state.

2. Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor be denied the right to change his nationality.

Article 16

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

1. Everyone has the right to own property alone as well as in association with others.

2. No one shall be arbitrarily deprived of his property.

Article 18

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.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

Article 21

1. Everyone has the right to take part in the Government of his country, directly or through freely chosen representatives.

2. Everyone has the right of equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

2. Everyone, without any discrimination, has the right to equal pay for equal work.

3. Everyone who works has the right to just and favourable remuneration insuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.


Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

_________

Hundred and eighty-third plenary meeting
Resolution 217(A)(III) of the United Nations General Assembly,
December 10, 1948

(This material is in the public domain and may be reprinted without permission; citation of this source is appreciated.)



Released on September 14, 2007

令狐药师

Appendix B: International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor


INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS



Preamble


The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Part III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.



Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.


Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights:

(a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.


Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes.

3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.

Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF

The General Assembly,

Considering that one of the basic principles of the Charter of the United Nations is that of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action in co-operation with the Organization to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,

Considering that the Universal Declaration of Human Rights and the International Covenants on Human Rights proclaim the principles of nondiscrimination and equality before the law and the right to freedom of thought, conscience, religion and belief,

Considering that the disregard and infringement of human rights and fundamental freedoms, in particular of the right to freedom of thought, conscience, religion or whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of foreign interference in the internal affairs of other States and amount to kindling hatred between peoples and nations,

Considering that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed,

Considering that it is essential to promote understanding, tolerance and respect in matters relating to freedom of religion and belief and to ensure that the use of religion or belief for ends inconsistent with the Charter of the United Nations, other relevant instruments of the United Nations and the purposes and principles of the present Declaration is inadmissible,

Convinced that freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice and friendship among peoples and to the elimination of ideologies or practices of colonialism and racial discrimination,

Noting with satisfaction the adoption of several, and the coming into force of some, conventions, under the aegis of the United Nations and of the specialized agencies, for the elimination of various forms of discrimination,

Concerned by manifestations of intolerance and by the existence of discrimination in matters of religion or belief still in evidence in some areas of the world,

Resolved to adopt all necessary measures for the speedy elimination of such intolerance in all its forms and manifestations and to prevent and combat discrimination on the ground of religion or belief,

Proclaims this Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief:

Article 1

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.

3. Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

Article 2

1. No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.

2. For the purposes of the present Declaration, the expression "intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.

Article 3

Discrimination between human being on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations.

Article 4

1. All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.

2. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.

Article 5

1. The parents or, as the case may be, the legal guardians of the child have the right to organize 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.

2. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle.

3. The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.

4. In the case of a child who is not under the care either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle.

5. Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration.

Article 6

In accordance with article I of the present Declaration, and subject to the provisions of article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:

(a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;

(b) To establish and maintain appropriate charitable or humanitarian institutions;

(c) To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;

(d) To write, issue and disseminate relevant publications in these areas;

(e) To teach a religion or belief in places suitable for these purposes;

(f) To solicit and receive voluntary financial and other contributions from individuals and institutions;

(g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief;

(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one's religion or belief;

(i) To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.

Article 7

The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.

Article 8

Nothing in the present Declaration shall be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights and the International Covenants on Human Rights.



Released on September 14, 2007