PARIS, 28 March 2007 Original: English

Transcription

1 Executive Board Hundred and seventy-sixth session 176 EX/23 PARIS, 28 March 2007 Original: English Item 23 of the provisional agenda REPORT ON UNESCO ACTION IN FAVOUR OF THE RESPECT FOR FREEDOM OF EXPRESSION AND RESPECT FOR SACRED BELIEFS AND VALUES AND RELIGIOUS AND CULTURAL SYMBOLS SUMMARY Pursuant to 174 EX/Decision 46, which emphasized that the respect for freedom of expression and for religious beliefs and symbols are two indissociable principles, the Director-General was requested (i) to strengthen UNESCO s programmes and actions to fulfil its commitment towards mutual understanding and respect for all peoples religious and cultural values, and freedom of expression; (ii) to accelerate the implementation of the plan of action for the dialogue among civilizations, cultures and peoples with a view to creating a culture of peace and of living together; and (iii) to undertake a compilation and comprehensive study of all existing relevant international instruments, and to propose means and modalities of action available to UNESCO for the purpose of furthering mutual understanding in order to overcome the still prevailing ignorance of each other s ways and lives, and of promoting peace, tolerance and dialogue among civilizations, cultures, peoples and religions. The present document contains a progress report thereon. Decision proposed: paragraph 29.

2 176 EX/23 Background 1. Following the publication of caricatures of the Prophet of Islam, causing offence and indignation within the Muslim community around the world, a number of UNESCO Member States stressed the need for UNESCO to reaffirm the important role that the media can play to promote tolerance, in exercising freedom of expression with a deep sense of responsibility and in a spirit of respect for religions, beliefs and convictions. 174 EX/Decision 46, which is the only decision adopted on this issue by an intergovernmental body in a consensual manner, emphasized that the respect for freedom of expression and for religious beliefs and symbols are two indissociable principles which should go hand in hand in combating ignorance and lack of understanding with a view to building peace and establishing dialogue among cultures, civilizations, religions and peoples. In order to reinforce UNESCO s action to that end, it invited the Director-General, firstly, to strengthen UNESCO s programmes and actions to fulfil its commitment towards mutual understanding and respect for all peoples religious and cultural values, and freedom of expression; secondly, to accelerate the implementation of the plan of action for the dialogue among civilizations, cultures and peoples with a view to creating a culture of peace and of living together; thirdly, to undertake a compilation and comprehensive study of all existing relevant international instruments, and to propose means and modalities of action available to UNESCO for the purpose of furthering mutual understanding in order to overcome the still prevailing ignorance of each other s ways and lives, and of promoting peace, tolerance and dialogue among civilizations, cultures, peoples and religions. 2. Pursuant to 174 EX/Decision 46, the Director-General established a Working Group on the implementation of 174 EX/Decision 46 on respect for freedom of expression and respect for sacred beliefs and values and religious and cultural symbols placed under the joint responsibility of ADG/CLT and ADG/CI and composed of representatives of all programme sectors, including representatives from the Africa Department and from UNESCO field offices. 3. While carrying out its mandate, the Working Group has closely involved field offices, recognizing the need to devise a conceptual framework which could be used at the local level to reach out to the vast majority of civil society. Innovative proposals should aim at fostering and stimulating discussions and effective action at the local level and at associating international media to local media development. I. Compilation and comprehensive study of existing relevant international instruments 4. The Working Group commissioned a comprehensive report on international normative instruments relevant to respect for freedom of expression and respect for sacred beliefs and values and religious and cultural symbols. The report provided: (i) a survey of the existing international normative instruments that are relevant to each of these principles; (ii) a critical analysis of the achievements and shortcomings of the existing international normative instruments, in particular in UNESCO s fields of competence; and (iii) some possible actions which could be taken by UNESCO. The survey was not intended to be exhaustive, but to cover the major areas required, and is mainly based on universal instruments. The full text of the report is available upon request at the Executive Board s secretariat. The main conclusions to be drawn are that there is a substantial, although not complete, protection of those fields. Nevertheless, an attempt to work out a new legal instrument could even be counterproductive. 5. The analysis carried out on the international protection of freedom of expression shows that there are many international instruments which guarantee the right to freedom of expression, and a substantial number of institutions for its implementation. The chief shortcoming of the existing international instruments is the uncertainty in assessing the nexus between two equally important aspects of the fundamental human right of freedom of expression: that of freedom of information and opinion on the one hand and freedom of religious opinion and belief on the other. In particular, there is a need to clarify the parallel status of freedom of the press and respect for religious beliefs and values. It seems clear that a normative instrument by UNESCO would not help in this respect.

3 176 EX/23 page 2 Firstly, action by governmental or intergovernmental bodies concerning the press would run counter to the historical development of human rights and the international framework of human rights. Secondly, there are a number of specialized human rights institutions already working on this issue. Thirdly, a new normative instrument on this subject might weaken existing efforts by adding yet another approach to an area where there are already many normative instruments, both conventions and other less constraining declarations and rulings. 6. As regards sacred beliefs, these are indirectly protected through the protection of the rights of believers by the provisions of freedom of expression and non-discrimination in all the major human rights instruments, and through the norms on education which ensure rights in relation to their children s education as well as by permitting certain restrictions on the freedom of expression. Nevertheless, believers are not protected in many States, or at the international level, against denial of their beliefs, and against being shocked and offended. Their rights have to be balanced against the rights of a free press and of artistic freedom On this delicate issue of how to assess these rights against those of freedom of expression for the press and artists, with respect for the beliefs of others, the application of the multilateral conventions is already subject to ongoing scrutiny and interpretation by the international tribunals and Commissioners empowered to supervise them. The different bodies already have difficulties in ensuring some coherence between different decisions. It would therefore be counterproductive for UNESCO to work on a new legal instrument which would replicate those already existing and already binding on most of the States of the world. Indeed, by adding a new text, and possible new interpretations, it might weaken the protection already given. 8. Since 1999 the Commission on Human Rights (replaced in 2006 by the Human Rights Council) has adopted resolutions relating to the defamation of religion. In 2005 and 2006 a resolution based on these texts was adopted by the United Nations General Assembly. However, to adopt a normative instrument on that basis to protect sacred beliefs would appear to raise insuperable problems. In the first case, there is clearly no agreement on the precise meaning of defamation. The broad definition favoured by some countries would appear to run directly counter to the freedom of expression to criticize existing social practices which violate the existing human rights rules. Secondly, agreement on a definition of religion seems remote. States which give certain advantages to religious groups (such as tax relief) or impose obligations (such as registration) have great difficulty in deciding which groups are religious. Thirdly, the international conventions on freedom of expression speak not only of freedom of religion, but also of thought and conscience and opinion. This allows the same rights to atheists, agnostics and secular humanists to express their views, so an agreement which deals only with sacred beliefs would run counter to the fundamental principles of human rights and non-discrimination agreements. European and North American and some other States which have substantial secular minorities would be unable to participate and, indeed, would not only be barred from doing so by their existing international obligations, but in many cases also by their constitutions. 9. Finally, a related matter is that belief is not necessarily fully articulated by a believer. This holds true for many practitioners of religion, and especially those in countries where illiteracy is the norm. It also holds true for secularists. Most would rarely have had to articulate a belief basis for secular attitudes and behaviour. 10. Following the publication of the Danish cartoons, a suggestion for an international prohibition of blasphemy was made. Since it has not been possible to find an acceptable way of using blasphemy law to protect religious beliefs in multicultural States, it seems highly improbable that agreement could be reached on an international set of norms on blasphemy in the far more diverse 1 Regarding the letters received by the Office of the High Commissioner in which concerns were expressed about cultural edition of 30 September 2005 of the Jyllands Posten, a Danish newspaper, the High Commissioner expressed the view that there was a need to explore ways and means to adequately address the issue of religious intolerance by striking the right balance between freedom of expression and freedom of religion (Doc. A/61/325, Secretary-General s report to the General Assembly 2006 on Combating Defamation of Religions).

4 176 EX/23 page 3 international community. Secondly, it is highly unlikely that agreement could be reached on which sacred beliefs would be protected, for example, agreement between monotheists and Animists. 11. Hence, although the existing international treaty structure, which is substantial, may be seen by some to have gaps, it seems that no additional normative instrument on the protection of sacred beliefs would be more successful. No international law of defamation exists and there is no general agreement on the use of national laws of defamation or blasphemy even within national systems: therefore it is highly unlikely that there could be agreement on an international legal regime. Judicial doctrine is gradually making the interpretation of the existing human rights instruments clearer. Again, an additional international instrument might weaken existing protection by confusing the work which has already been done by tribunals working with the existing human rights instruments. 12. Finally, while protection of religious and cultural symbols falls within UNESCO s mandate, it is not evident that changes in the existing system by normative action would be practical and effective. Certain emblems associated with some of these conventions (Blue Shield, World Heritage emblem) provide visible identification which will assist in their protection. However, the enforcement of respect for emblems given international status takes place by diverse methods and has varying success. Application has to rely on sensitization and education. The use of such emblems cannot physically be supervised all over the world; enforcement is difficult where they have not been respected, and they only apply to States which have accepted these treaty obligations. It seems unlikely that any new normative system for the protection of religious symbols would overcome these difficulties, a fundamental problem being to determine which religious symbols should be given protected status. II. Proposals for strengthening action towards respect for all people s religions and cultural values and freedom of expression 13. The working group undertook a critical review of ongoing activities with a view to their further reinforcement. It was reiterated that the framework in which the review would take place should not be seen as separate from UNESCO s action for dialogue among cultures and civilizations, including UNESCO s contribution to international action against terrorism with the purpose of federating dispersed initiatives within UNESCO s programme sectors and central services. 14. Future action in this domain should be built upon the combination of UNESCO s interrelated fields of competence (education, sciences, communication and culture) that are all privileged platforms for promoting dialogue, mutual understanding and tolerance. In the same thrust, UNESCO should be able to federate joint initiatives promoted by the European Commission and the Council of Europe, as well as on the follow-up to the Report of the Alliance of Civilizations on the issue of respect for religious beliefs, but also with regard to the forthcoming proclamation of 2008 as the European Year for Dialogue. Similarly, operational partnerships with a number of regional institutions such as ALECSO, ISESCO and IOC will be strengthened in the context of UNESCO s strategy in this regard. 15. From the preliminary results of this review it appears that an area where improvement could be made is in the elucidation of shared values at the international level. It is important to stress that such dialogue between holders of different faiths and opinions in different work does not weaken and is not intended to call into question the existing sacred beliefs of those participating. Rather it is to enable those with different, sometimes radically opposed beliefs, to live in harmony with one another on the basis of their own and shared values and to lead to greater understanding between the faithful and committed of different persuasions. 16. On the basis of its existing inter-faith work, UNESCO should set in place a mechanism of consultation with religious leaders to elucidate religious values which they could all agree on. It would be worth building on past ad hoc initiatives in this regard, such as the initiative leading to the international conference of the Ulemas on Islam and cultural heritage which was organized jointly

5 176 EX/23 page 4 by UNESCO, ISESCO and OIC, which gathered internationally renowned specialists of Islam. Secular ethicists would need to be involved as well to represent people of good will to contribute pragmatic views on the promotion of tolerance and non-violence. States which have substantial secular populations would want to draw into a convergence of values those of other committed humanitarians. The contribution of non-governmental organizations and religious bodies and the media in promoting tolerance, and respect for and freedom of religion and belief, will have to be further enhanced. Contribution to further enunciation of shared values could be another important contribution in the current period of interreligious and intercultural sensitivity wrought by extremism, terrorism and continuing international conflict. 17. Inter-faith dialogue should thus be further encouraged by UNESCO and the programme substantially enhanced to ensure increased understanding by different religious groups of the commonalities which exist in their values. Understanding of other religions would also be improved by a better appreciation of the diversity within major religious streams. For example, understanding of the different sects and schools within Islam is generally poor in non-islamic communities. Similarly, the long history of Christianity has given rise to a great diversity in doctrine and practice. Better understanding of these differences would help prevent dangerous stereotyping. The Internet provides at present each faith and view within it an opportunity to explain its beliefs and values. Unfortunately, it also gives extremists and intolerants of all persuasions an equal opportunity to portray wrongful and dangerous views. In the context of the Programme UNITWIN/UNESCO Chairs, a UNESCO global Network of Chairs on intercultural and interreligious dialogue was established in March 2006, gathering universities recognized for their expertise in the history of religions, and actively engaged in promoting intercultural dialogue. 18. Member States should continue to make use of other UNESCO programmes already contributing to respect for religious beliefs and values and religious and cultural symbols, such as Memory of the World; the Representative List of Intangible Cultural Heritage; nominations for the World Heritage List of sites with associative values and nominations for the World Network of Biosphere Reserves of sites which may contain sacred natural sites. 19. Consultations need to be held with representatives of the local and international press to emphasize, along with support for freedom of the press, the implications of the current almost universal and instantaneous distribution of news sources by and the Internet and to invite them to include in their internal editorial guidelines consideration of possible reactions in other countries to material which they are producing, bearing in mind possibilities of disorders affecting the personal safety of visitors in those countries as well as of consular and diplomatic officials, and possible implications for trade relations. In this respect, they should include in their editorial decisions action to try to adequately represent all views on an issue. The support for independent media development is also crucial. An initiative by one or a combination of international nongovernmental organizations representing the press, such as the International Federation of Journalists, the World Association of Newspapers, the International Federation of the Periodical Press, and some experienced media such as the BBC (United Kingdom) or NHK (Japan), suggesting guidelines for responsible professional activity, would be welcome. However, any effort to impose or enforce guidelines by governmental or intergovernmental institutions is to be firmly rejected. 20. Access to information for all is a fundamental right which should be upheld with greater efficiency and imagination in a spirit of equity, justice and mutual respect. If UNESCO has been extremely active in supporting freedom of the press, it has also been active in facilitating and establishing exchange and joint production programmes for journalists representing different professional cultures, as laid out, for instance, in the comprehensive recommendations for media collaboration in the Rabat Declaration (UNESCO and ISESCO 2005) and in the new initiative together with the European Broadcasting Union, COPEAM and the Anna Lindh Foundation in Alexandria, to set up an award for intercultural and cross-border journalism, Boundless for multimedia and broadcast journalists in the Euro-Mediterranean region, thereby facilitating the

6 176 EX/23 page 5 cross-fertilization of journalistic practices and concepts and providing a very powerful tool for enhancing mutual understanding and respect. 21. In respect of education, additional efforts could be made to encourage multinational, multifaith contacts between children through their school programmes and between adults through continuing education programmes, with an emphasis on understanding the Other. Heritage values education would receive more prominent attention. Courses and research in studies of different religions could also be encouraged. 22. The Report of the High-Level Group for the Alliance of Civilizations, presented in November 2006 in Istanbul, underscored the necessity of setting cultural challenges at the heart of international and national policy agendas. The Director-General has expressed UNESCO s determination to the new Secretary-General of the United Nations in a letter dated 5 February 2006, to participate actively in the implementation of the recommendations of the Report alongside all the other partners. UNESCO was mentioned in the Report as a partner of the first order, especially for the promotion of cultural diversity and quality education for all (human rights education, review of school textbooks and curricula, assistance for the reform of education systems, etc.). 23. At a time when the United Nations has proposed a new and integrated approach for the whole of the system, the priority task addressed by the Alliance of Civilizations offers the possibility of translating into real action the principle of cooperation rooted in the complementarities of our actions. This exigency prompted the Director-General to set up a task force responsible for coordinating and focusing the entire range of activities carried out by the Organization in the field of dialogue among civilizations, cultures and peoples, setting them firmly within the dynamic outlined in the recommendations of the High-Level Group. 24. Dialogue should also be maintained with other international and regional institutions acting in this field. UNESCO intends to organize an inter-agency consultation on this subject once a new strategy and innovative proposals have been identified. While developing proposals for future action, careful attention will be paid to the regions which have been neglected in the past concerning this issue, such as Latin America and the Caribbean. III. Experiencing innovative modalities of action 25. From the outset, the working group acknowledged that innovative proposals should be made in order to reach out to civil society through an unprecedented approach; instead of convening another major conference, it should devise a way to reach the unreached, and convince the unconvinced. It is with this is in mind that the Power of peace network has been conceived. 26. The Power of Peace Global Forum organized jointly by UNESCO and the Government of Indonesia in Bali, Indonesia in January 2007 is the most prominent example of the new modalities with which the Organization may address the issues of cross-cultural dialogue and mutual understanding and tolerance, using the tools of communication and information. Acknowledging that the emerging global mediascape, driven by conventional television and radio broadcasters, and increasingly the Internet, has a huge influence on our world and that the aggregation of local, regional and global media play a major role in setting social and political agendas at all levels, UNESCO has designed the Power of Peace Network to utilize the new media tools to connect people of the world and thus to enhance cultural self-expression, knowledge of each other and the other, and mutual understanding and tolerance. The Power of Peace Network is aiming at facilitating the establishment of a set of platforms for activities such as a digital network system designed to carry locally produced content worldwide by available satellite space and through national broadcast affiliates, cable companies, direct-to-home systems, the Internet and other new media; programming for audiences of all ages, with special focus on youth, from a diversity of contexts on themes ranging from faith and religion to health, sustainable development, arts, culture and peace; systems to support local, independent producers and content developers; training for

7 176 EX/23 page 6 young producers in the use of digital technology; research and development relating to all aspects of the Power of Peace Network. The network will be based upon partnerships and a viable selfsustainable business model will ensure independence from single donors. 27. The Global Forum in Bali adopted a declaration, The Spirit of Bali, in which the objective of the network is clearly laid out: We, the participants of the Global Forum, Power of Peace Building Peace through Communication and Information, Bali, January 2007, call upon UNESCO to explore the ways forward for the creation of an innovative mechanism to promote peace through media and ICTs. Such a mechanism has to be inclusive, participatory and collaborative. It should involve the youth of the world, leave no one out, ensure freedom of expression, and help us know better who we are in the world. It should involve the Internet as well as film, radio, and television, and should utilize all possible delivery systems, including over-the-air broadcasting, online, wireless and satellite. 28. The Power of Peace Network will be further developed through a two-year research and development period, that will establish the PPN as a global platform for practical peace-building initiatives through media and ICTs. Content will be focused on concrete reconciliation and conflict prevention measures, and on enhancing cultural understanding and self-expression. All formats of content will be considered, from radio and video to interactive formats and Internet-based media, as well as wireless technologies such as podcasts and mobile phone communication. The pilot phase will also comprise a number of training initiatives, all targeting concrete, cross-border programme production. The pilot will have a lean managing and editorial structure based upon existing entities and structures while there will be an advisory council comprising all types of stakeholders. IV. Proposed draft decision 29. In light of the above, the Executive Board may wish to adopt the following decision: The Executive Board, 1. Recalling 33 C/Resolution 49 and 174 EX/Decision 46, 2. Having examined document 176 EX/23, 3. Takes note of the compilation and comprehensive study of all existing relevant international instruments on the subject of respect for freedom of expression and respect for sacred beliefs and values and religious and cultural symbols, as well as of the progress achieved towards the implementation of the plan of action for the dialogue among civilizations, cultures and peoples; 4. Recognizes the complexity and multi-dimensional character of this issue, as well as the need to strengthen UNESCO s leadership role in advocating the promotion of dialogue among cultures and peoples through an interdisciplinary and coordinated approach within UNESCO; 5. Invites the Director-General to report on the implementation of innovative modalities of action, including the Power of Peace Network, for the purpose of furthering mutual understanding at its 179th session.

8 176 EX/23 Annex ANNEX 174 EX/Decision 46 Respect for freedom of expression and respect for sacred beliefs and values and religious and cultural symbols (174 EX/42; 174 EX/48 Part II) The Executive Board, 1. Recalling the pertinent aspects of UNESCO s mandate as set forth in its Constitution, 2. Further recalling 33 C/Resolution 49 of the General Conference on the misuse of religious symbols and expressions, 3. Having examined document 174 EX/42, 4. Reaffirming the international instruments that uphold freedom of expression and freedom of thought, conscience and religion, 5. Also reaffirming UNESCO s commitment to respect for freedom of expression and respect for religious beliefs and religious symbols, 6. Emphasizing that the media can have an important role to play in promoting tolerance, respect for and freedom of religion and belief, 7. Upholding the exercise of freedom of expression in a spirit of mutual respect and mutual understanding, urges mutual respect for cultural diversity, religious beliefs and religious symbols; 8. Requests the Director-General to strengthen UNESCO s programmes and actions, in its fields of competence, to fulfil its commitment towards mutual understanding and respect for all peoples religious and cultural values, and freedom of expression; 9. Also requests the Director-General to accelerate the implementation of the plan of action for the dialogue among civilizations, cultures and peoples with a view to creating a culture of peace and of living together; 10. Further requests the Director-General to undertake a compilation and comprehensive study of all existing relevant international instruments, and to propose means and modalities of action available to UNESCO for the purpose of furthering mutual understanding in order to overcome the still prevailing ignorance of each other s ways and lives, and of promoting peace, tolerance and dialogue among civilizations, cultures, peoples and religions; 11. Invites the Director-General to present to it at its 176th session a comprehensive report concerning this issue. Printed on recycled paper