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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

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发表于 21.9.2007 17:43:31 | 只看该作者 回帖奖励 |正序浏览 |阅读模式
2007 Report on International Religious Freedom
Preface, Introduction, and Executive Summary
--  Preface
--  Introduction
--  Executive Summary

Africa
--  Angola
--  Benin
--  Botswana
--  Burkina Faso
--  Burundi
--  Cameroon
--  Cape Verde
--  Central African Republic
--  Chad
--  Comoros
--  Congo, Democratic Republic of the
--  Congo, Republic of the
--  Cote d'Ivoire
--  Djibouti
--  Equatorial Guinea
--  Eritrea
--  Ethiopia
--  Gabon
--  Gambia, The
--  Ghana
--  Guinea
--  Guinea-Bissau
--  Kenya
--  Lesotho
--  Liberia
--  Madagascar
--  Malawi
--  Mali
--  Mauritania
--  Mauritius
--  Mozambique
--  Namibia
--  Niger
--  Nigeria
--  Rwanda
--  Sao Tome and Principe
--  Senegal
--  Seychelles
--  Sierra Leone
--  Somalia
--  South Africa
--  Sudan
--  Swaziland
--  Tanzania
--  Togo
--  Uganda
--  Zambia
--  Zimbabwe

East Asia and Pacific
--  Australia
--  Brunei
--  Burma
--  Cambodia
--  China (includes Hong Kong, Macau, and Tibet)
--  China (includes Taiwan only)
--  Fiji
--  Indonesia
--  Japan
--  Kiribati
--  Korea, Democratic People's Republic of
--  Korea, Republic of
--  Laos
--  Malaysia
--  Marshall Islands
--  Micronesia, Federated States of
--  Mongolia
--  Nauru
--  New Zealand
--  Palau
--  Papua New Guinea
--  Philippines
--  Samoa
--  Singapore
--  Solomon Islands
--  Thailand
--  Timor-Leste
--  Tonga
--  Tuvalu
--  Vanuatu
--  Vietnam

Europe and Eurasia
--  Albania
--  Andorra
--  Armenia
--  Austria
--  Azerbaijan
--  Belarus
--  Belgium
--  Bosnia and Herzegovina
--  Bulgaria
--  Croatia
--  Cyprus
--  Czech Republic
--  Denmark
--  Estonia
--  Finland
--  France
--  Georgia
--  Germany
--  Greece
--  Hungary
--  Iceland
--  Ireland
--  Italy
--  Latvia
--  Liechtenstein
--  Lithuania
--  Luxembourg
--  Macedonia
--  Malta
--  Moldova
--  Monaco
--  Montenegro
--  Netherlands
--  Norway
--  Poland
--  Portugal
--  Romania
--  Russia
--  San Marino
--  Serbia (includes Kosovo)
--  Slovak Republic
--  Slovenia
--  Spain
--  Sweden
--  Switzerland
--  Turkey
--  Ukraine
--  United Kingdom

Near East and North Africa
--  Algeria
--  Bahrain
--  Egypt
--  Iran
--  Iraq
--  Israel and the Occupied Territories
--  Jordan
--  Kuwait
--  Lebanon
--  Libya
--  Morocco (includes Western Sahara)
--  Oman
--  Qatar
--  Saudi Arabia
--  Syria
--  Tunisia
--  United Arab Emirates
--  Yemen

South and Central Asia
--  Afghanistan
--  Bangladesh
--  Bhutan
--  India
--  Kazakhstan
--  Kyrgyz Republic
--  Maldives
--  Nepal
--  Pakistan
--  Sri Lanka
--  Tajikistan
--  Turkmenistan
--  Uzbekistan

Western Hemisphere
--  Antigua and Barbuda
--  Argentina
--  Bahamas
--  Barbados
--  Belize
--  Bolivia
--  Brazil
--  Canada
--  Chile
--  Colombia
--  Costa Rica
--  Cuba
--  Dominica
--  Dominican Republic
--  Ecuador
--  El Salvador
--  Grenada
--  Guatemala
--  Guyana
--  Haiti
--  Honduras
--  Jamaica
--  Mexico
--  Nicaragua
--  Panama
--  Paraguay
--  Peru
--  St. Kitts and Nevis
--  St. Lucia
--  St. Vincent and the Grenadines
--  Suriname
--  Trinidad and Tobago
--  Uruguay
--  Venezuela

Appendices
--  Appendix A: Universal Declaration of Human Rights
--  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
--  Appendix C: Training at the Foreign Service Institute Related to the International Religious Freedom Act
--  Appendix D: Department of Homeland Security (DHS) and the International Religious Freedom Act (IRFA)
--  Appendix E: Overview of U.S. Refugee Policy

Related Material
--09/14/07  Release of the Department of State’s Annual Report on International Religious Freedom; John V. Hanford III, Ambassador at Large for International Religious Freedom; Washington, DC
--09/14/07  Secretary Rice's Remarks on State's Annual Report on International Religious Freedom
207#
 楼主| 发表于 21.9.2007 19:37:48 | 只看该作者

中方坚决反对美“2007年度国际宗教自由报告”涉华内容

新华网快讯:外交部发言人姜瑜20日表示,中方对美国国务院“2007年度国际宗教自由报告”涉华内容表示强烈不满和坚决反对。


  外交部发言人姜瑜就美国务院“2007年度国际宗教自由报告”涉华内容答记者问
  问:近日,美国国务院发表了“2007年度国际宗教自由报告”,其涉华部分继续指责中国的宗教政策和宗教自由状况。请问你对此有何评论?
  答:美国国务院所谓“2007年度国际宗教自由报告”涉华部分继续无端指责中国的宗教和民族政策,有违国际关系基本准则,公然干涉中国内政,中方对此表示强烈不满和坚决反对。

  中国各民族、各地区人民依法享有充分的宗教信仰自由。尊重和保护公民的宗教信仰自由是中国政府的一项长期基本政策。这是不容否认和歪曲的事实。我们要求美方立即停止利用宗教等问题干涉中国内政,多做有利于增进中美相互了解和信任的事。
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206#
 楼主| 发表于 21.9.2007 19:31:11 | 只看该作者

赖斯国务卿就发布2007年度国际宗教自由报告发表讲话

美国国务院9月14日向国会呈交第九期《国际宗教自由年度报告》(Annual Report on International Religious Freedom)。 國務卿賴斯(Condoleezza Rice)在報告發佈儀式上發表講話。 以下是講話全文﹐由美國國務院國際資訊局翻譯。


-----------------

美國國務院

發言人辦公室

即時發佈

2007年9月14日  

2007/761

國務卿賴斯就美國國務院發佈國際宗教自由年度報告發表講話  

2007年9月14日  

華盛頓特區

(東部夏令時間中午12時32分)

國務卿賴斯﹕下午好。 今天﹐我向國會呈交了第九期《國際宗教自由年度報告》。 我們希望這份報告──它也載於國務院網站──繼續成為美國和國際社會中所有同我們一樣關注宗教自由的人士可以利用的資源。 我們還希望這份報告能夠為報告中所記錄的那些信仰﹑信教和敬拜的權利遭到政府剝奪的人帶來鼓舞。

本週適逢兩大宗教同慶節日。 在世界各地和美國國內﹐穆斯林迎來了萊麥丹齋月(Ramadan)﹐猶太人則在歡度猶太新年(Rosh Hashanah)。 通過發揚美國自由信仰和尊重信仰的傳統﹐美國猶太人和美國穆斯林在增強自由和多元化這兩大美國特征。

宗教自由深植於我國的立國之本與歷史中。 正是我們對這種普遍人權的信仰引導著我們在全世界支援一切想要在今生今世及在自己國家內獲得這項權利的人們。

宗教自由也是我們反擊助長全球恐怖主義的仇恨和宗教不寬容意識形態的不可分割的努力之一。 星期二是9.11事件六周年。 紀念那個悲劇時刻也讓我們認識到這個報告的真正重要性﹐我們再次重申我們的承諾﹐將公民因思想和信仰而遭受政府審查﹑仇恨犯罪行為﹑歧視和暴力的所有國家曝光。

國務院通過本年度的國際宗教自由報告輔助說明推進布希總統提出的發展世界自由與和平的目標。 通過我們的各種雙邊關係﹐我們在國際論壇中的努力﹐以及我們就這一問題與全球各地不斷進行的討論﹐美國將繼續努力促進宗教自由﹐鼓勵寬容﹐為不同信仰的所有人建設更加和平的世界。

我現在高興地請漢福德大使(Ambassador Hanford)向大家介紹報告的詳細內容 。 [英文]

(完)
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205#
 楼主| 发表于 21.9.2007 19:23:45 | 只看该作者
Remarks on the U.S. Department of State's Annual Report on International Religious Freedom
Secretary Condoleezza Rice
Washington, DC
September 14, 2007
View Video   http://video.state.gov/?fr_story ... 93bb7f4f67ace3d7969


(12:32 p.m. EDT)

SECRETARY RICE: Good afternoon. Today, I have transmitted to Congress the 9th Annual Report on International Religious Freedom. We hope that this report, which is also available on the Department's website, will continue to serve as a resource for all in the United States and in the international community who share our concerns about religious freedom. We also hope that it will serve to encourage those whose plight is documented in this report and whose right to believe, practice and worship freely is denied by their governments.

It is fitting that this week also marks the congruence of two major religious faiths. All around the world and here in the United States, Muslims are observing the month of Ramadan and Jews are observing Rosh Hashanah. By continuing the American tradition of worshiping freely and respectfully, American Jews and American Muslims are strengthening the freedom and pluralism that defines for us what it means to be an American.

Religious liberty is deeply rooted in our principles and history as a nation, and it is our belief in this universal human right that leads us into the world to support all who want to secure this right in this lives and in their countries.

Freedom of religion is also integral to our efforts to combat the ideology of hatred and religious intolerance that fuels global terrorism. This past Tuesday was the sixth anniversary of the September 11th attacks. As we reflect on the tragedy of that day, we are reminded of the true importance of this report and we reaffirm our commitment to help us shed light on all countries where citizens are subjected to government censorship, hate crimes, discrimination and violence for their thoughts and beliefs.

With this year's Report on International Religious Freedom, the State Department is helping to advance President Bush's vision of a world that is growing in freedom and peace. Through our bilateral relationships, our work in international forums, and our many ongoing discussions on this issue with people across the globe, the United States will continue working to promote religious freedom, to nurture tolerance and to build a more peaceful world for people of all faiths.

It is now my pleasure to introduce Ambassador Hanford, who will provide details about the report. Thank you.

2007/761
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204#
 楼主| 发表于 21.9.2007 19:21:51 | 只看该作者

Related Material

Release of the Department of State抯 Annual Report on International Religious Freedom
John V. Hanford III, Ambassador at Large for International Religious Freedom
Washington, DC
September 14, 2007
View Video  http://video.state.gov/?fr_story ... 64324aebfe8c8faf3dd

12:35 p.m. EDT

AMBASSADOR HANFORD: Thank you, Madame Secretary, and thank you for your own personal commitment to the issue of religious freedom. It's a great honor to serve both a Secretary and a President who are passionate about advancing religious freedom worldwide.

As President Bush said earlier this year, "The freedom to worship is so central to America's character that we tend to take it personally when that freedom is denied to others." He continued, "Our country was a leading voice on behalf of Jewish refuseniks in the Soviet Union. Americans joined in common cause with Catholics and Protestants, who prayed in secret behind the Iron Curtain. America has stood with Muslims seeking to freely practice their beliefs in places such as Burma and China."

Indeed, there is no more fundamental issue for the United States than religious liberty, and today we have gathered to present the 2007 Annual Report on International Religious Freedom. The report covers 198 countries and areas worldwide and offers the most comprehensive catalogue of both religious freedom abuses and improvements with respect to this fundamental right. The drafting of the report is an immense undertaking, but it's only element of the Department of State's continuous work to advance religious freedom for all persons and faiths.

Religious liberty is a revered pillar of our constitutional system, a cherished part of our history and our national character. Accordingly, the policy of the United States is to condemn violations of religious freedom and to promote the enjoyment of this fundamental right for all. Our continuous work on this issue all across the globe tangibly reflects the commitment of the American people to those who suffer religious discrimination or persecution as the cost of their faith.

Here at the State Department, hanging over one of the entrances in the oldest part of the building is a strong visual illustration of this national priority. The 50 x 12 foot painting by Kindred McCleary was completed in 1942, at the height of one of the most challenging periods in our country's history. It depicts four freedoms which have been pivotal to our nation's heritage: freedom of speech, freedom of assembly, freedom of the press and freedom of worship. Many are seeing this recently restored mural for the first time and we've chosen to feature the portion devoted to freedom of worship on the cover of some of our annual report materials this year.

In all, the mural serves today as a potent reminder that even at times of great national challenge and threat, the heart of our nation's identity encompasses the protection and promotion of fundamental freedoms, including freedom of worship.

It's important to note that our commitment to religious freedom is not an attempt to export simply an American approach to this issue. Quite the contrary, religious freedom has been recognized as an inviolable human right under numerous international conventions and treaties. Despite this global consensus, too many governments ignore their international obligations. Millions suffer as a result, with individuals and communities forced daily to struggle against oppressive forces in order to realize this fundamental freedom. In some cases, religious believers are imprisoned or physically abused simply for the courage of their convictions. According to some estimates, half of the world's people live under persecution or serious restriction of their religious freedom.

It is this knowledge which drives our work on the annual report. The effort each year put into this 800-page compendium is extraordinary and I want give credit where credit is due. In addition to constantly monitoring, defending and promoting religious freedom around the globe, my staff in the Office of International Religious Freedom works diligently with our embassies and consulates abroad and with regional bureaus here in the Department to craft the report. Because of this meticulous work and its broad coverage, the Annual Report on International Religious Freedom is an invaluable resource read by both the powerful and the powerless, by the victims of religious persecution and by those with the ability to remedy that abuse.

Our work would be incomplete and misinformed without the close partnership of nongovernmental organizations, religious groups and individuals who are committed to defending religious freedom in their respective countries. Oftentimes, these organizations and individuals operate at the risk of their own safety, and I'd like to take this opportunity publicly to thank them for their contribution.

We also respect the work of the U.S. Congress in highlighting abuses and promoting improvements. The Congress plays a vital role in fighting for religious freedom.

Because of efforts documented in this report, as well as the efforts of many brave advocates for religious freedom around the world, we have seen significant progress this year toward reducing persecution and discrimination. We are pleased to be able to cite these improvements for many of the countries covered in the report.

Sadly, however, our work is not done, as far too many citizens of the world do not enjoy religious freedom.

In the case of China, U.S. officials, including President Bush, Secretary Rice and Deputy Secretary Negroponte, made a concerted effort to encourage greater religious freedom, condemning abuses while supporting positive trends. We continue to express our concern over the government's treatment of religious minorities. These concerns include the prevention of children in some regions from receiving religious education, new regulations that restrict the right of Tibetan Buddhist monks and nuns to travel in order to receive religious training, the persecution of Christians not affiliated with government-approved denominations, and government efforts to effect the forcible return to China of Uighur Muslims for their peaceful religious activism.

In Iran, the regime is unrelenting in its repression of Baha'is and has created a threatening atmosphere for nearly all non-Shia religious groups, including Sufi Muslims, some Christian groups and members of the Jewish community.

The Government of Eritrea continues to harass, arrest and detain religious minorities, particularly Protestant Christians. Some NGOs estimate the number of religious prisoners in Eritrea to be as many as 1,900.

The Burmese regime continues to infiltrate and covertly monitor meetings and activities of virtually all organizations, including religious organizations.

We are also engaged with our allies, as we are concerned about laws that effectively institutionalize discrimination against religious minorities. Examples include the passage of a discriminatory religion law in Romania with a burdensome registration system, and the amendment to the religious registration law in the Slovak Republic that significantly toughens the already demanding registration requirements. While religious freedoms are enjoyed in both countries, it's my hope that these governments will create systems that facilitate religious liberties for all, rather than stigmatize small religious communities through tiered systems of recognition.

Other governments are taking important steps to open the door to greater religious freedom. In Vietnam, nearly all religious groups report improved conditions for religious practice as many places of worship were registered, restrictions were eased, and some of the harsher forms of suppression were curtailed. The Government of Turkmenistan recently released the former Chief Mufti, who had been jailed for 22 years, and we're hopeful of additional reforms improving religious freedom. In India, the Governor of the Rajasthan Province, who later this year was elected to the presidency of the country, refused to sign a provincial anti-conversion law, effectively nullifying the law. In Bangladesh, the government took steps to protect the lives and property of Ahmadis. And in the Kingdom of Saudi Arabia, King Abdullah called for increased religious tolerance and the government took steps to remove intolerant references toward other religious groups from educational materials.

These are just some of the issues covered by the annual report. The report is a natural outgrowth of our country's history and a current reflection of our values. As Secretary of State Rice has said, "We are mindful that too many people of faith can only whisper to God in the silent sanctuaries of their conscience because they fear persecution for their religious beliefs." She concluded, "Government simply has no right to stand between the individual and the Almighty."

This annual report exists so that those who face religious persecution may know that the American people and government have not turned a blind eye to their plight, but are actively engaged in efforts to alleviate their sufferings and foster an environment where religious freedom may thrive. May this report give encouragement to persecuted communities that their stories will be told and that people of goodwill are standing with them in their hopes for a day when all may practice their beliefs without fear of restriction or reprisal.

I'll be happy now to answer any questions that you may have.

MR. CASEY: Now that you've had the musical interlude, do you want to try (inaudible)? (Laughter.)

QUESTION: Yeah. Can you comment on the report's findings on Iraq that religious freedom has deteriorated sharply over the last year?

AMBASSADOR HANFORD: Well, what we're dealing with in Iraq is really a security situation that makes it difficult for religious practice to occur in a normal way. The constitution of the new Iraqi Government actually provides rather robust guarantees, and this is something we're very pleased to see because it's a very good constitution for that region of the world. But religious minorities are vulnerable, sometimes due to their small numbers and lack of organization. For the most part, people are getting caught in the crossfire. In the case of these minorities, though, there have been cases where it's clear that certain groups have been targeted.

The real problem that we're dealing with is that with the sectarian violence, not necessarily focused upon religious practice, that at the same time religious practice winds up being affected.

MR. CASEY: Sylvie.

QUESTION: The report speaks about the deterioration of situation in Egypt. Is there a chance that Egypt could be listed as a Country of Particular Concern?

AMBASSADOR HANFORD: Well, we are not announcing today at this time what countries are going to be put on the list this year. We'll do that probably fairly soon. Last year we did it in November and perhaps about the same timeframe this year.


In the case of Egypt, there's a balance of considerations to bear in mind. For the most part, the large majority of citizens are able to practice their faith with some degree of freedom and there is a very large population of minority believers. Some of the problems that we have faced this year has to do, for example, with conversion, which of course is controversial throughout the Muslim world. The Government of Egypt has denied conversion to Christianity even by people who were born into a Christian family, later converted to Islam and then want to go back. And there are cases where converts have been held and sometimes received physical abuse.

We are pleased that one particular case that -- where a gentleman was held for 25 months, Bahaa al-Accad, that he was released not long ago, but now his life is under threat. Also we're very concerned about the Baha'i minority and there was a decision by the Administrative Court that would have given the Baha'is additional rights to have identity cards and the right, but the government appealed that decision because they did not want Baha'is to be able to have their religion on identity cards and succeeded in reversing what we felt was a positive decision by their own court system.

QUESTION: You say in the report that there have been improvements in Saudi Arabia.

AMBASSADOR HANFORD: Mm-hmm.

QUESTION: I know you're not indicating who's going to come off the list, but do you think it's a marked improvement by Saudi Arabia or do you think they still have a long way to go?

AMBASSADOR HANFORD: For the most part, the items which we highlighted last November and last summer that we had been discussing in ongoing engagement with the Saudis, for the most part these are issues which the government has confirmed and identified are their policies, but they're very much still in the process of being worked out. And this has to do with, for example, reining in the mutawwa'in, the religious police, from raiding religious gatherings. To a large extent, the government has been successful in stopping this practice. The government has guaranteed the right to private worship for people of minority faiths. And any given week, you've got an enormous number of Christians and Jews and Hindus and Buddhists who are meeting and freely practicing in homes and places like that without harassment. This is an improvement.

But we've also discussed with the Saudis the need to address the intolerant literature in their textbooks, in other educational materials that not only are used in Saudi Arabia but throughout the world because the Saudis have exported them. And they have given assurances that they are in the process, and we have been working to confirm the progress on this, of removing all intolerant references towards other faiths. They have made progress on this, but there is a ways to go for these references to be fully removed.

QUESTION: A follow-up? Can I follow on Saudi Arabia?

MR. CASEY: Yeah, go ahead.

QUESTION: Just a couple months ago, the Commission -- the Religious Freedom Commission said that it visited Saudi Arabia and was denied the ability to meet with any government officials on this issue. And when you talk about religious groups being able to meet in private, this is not a satisfactory situation for you, is it, that, you know, in the privacy of a home some people can, you know, practice their religion. I mean, you support the public free practice of religion, correct?

AMBASSADOR HANFORD: That's certainly correct. In the case of Saudi Arabia, I think it's important first for there to be the freedom to securely meet, as has happened for many years, in homes, and for the raids and the other problems, the deportations, the arrests, to cease. I'm not sure that the security situation right now, even if there were people who favored allowing minority faiths to build places of worship, I'm not sure that would be a good idea at this point, frankly.

In the long run, we hope that there'll be certainly a much broader respect for religious freedom in Saudi Arabia. But for now, I think a realistic goal is to create space and security for people to be able to meet. And they do in relatively large numbers and are able in most cases to hold services and religious observances that are similar to what you would see in a place of worship.

In terms of the commission's meetings, they were able to meet with some government officials. I think there were some officials that they requested to meet with who weren't available, and so they were disappointed by that.

MR. CASEY: Michel.

QUESTION: Saudi Arabia. Will you keep Saudi Arabia on the list of states with special concerns?

AMBASSADOR HANFORD: Well, I can't indicate now. That's a decision ultimately that the Secretary of State makes and we've not even gone to her with our thoughts and recommendations.

But to explain a little more what I said earlier, some of the things which we have shared over the last year that we're encouraged by are in the early stages of implementation. And I think these are -- these are significant given the context in Saudi Arabia and given the history. And we are -- I think here King Abdullah deserves a lot of credit. He has very publicly called for tolerance. He is working, for example, to grant greater representation by the Shia minority and there've been -- you know, there's been some significant success there where we now have seven Shia judges. There need to be more, but that's two more than a year ago. And so he's moving to create a more tolerant society that allows people of minority faiths to practice more freely.


But what we call in our report "positive developments" or "policy announcements" does not necessarily mean that that has been worked out and implemented yet.

MR. CASEY: Let's go to the back.

QUESTION: While the report itself is seen as effective in capturing abuses and perhaps publicizing these abuses, how do you see the sanctions that come with this identification of countries that abuse religious people? Are they effective?

AMBASSADOR HANFORD: That's a very hard question to answer, not only on sanctions that are connected with our Government's stance in favor of religious freedom, but across the board where sanctions are imposed for other human rights issues or other types of issues. And I think you'd have to say, if you look at it over a long period of time, there's been a mixed history. You can look at efforts to address apartheid in South Africa and I think see that sanctions were very effective. In other cases, they're only -- they're questionable.

But the reason Congress placed into the International Religious Freedom Act the requirement that the Secretary of State should take some action where a country has participated in what are called "severe violations" of religious freedom, where a country crosses over that threshold -- it's a pretty high threshold -- and becomes a Country of Particular Concern was to make a clear statement to the world that this is an issue that the United States is so committed to that we feel in representing our population's concern and passion that something must be done. Sometimes governments shrug it off and, you know, changing policies affecting the entire population or affecting minority faiths where there's a lot of suspicion and historic tension, those are tough uphill climbs. Nevertheless, we are taking position on principle when we impose those sanctions.

And we hope that -- I try to follow up. Our goal is not to simply punish on this issue. Our goal is to try to open a door for continuing to work. In the case of Eritrea, for example, I really grieve over what has continued to happen there. The numbers of prisoners continue to climb. I think one would have to say the sanctions there have not borne fruit.

MR. CASEY: Let's go to this gentleman back here. And then, Samir, we'll get to you next.

QUESTION: On Cuba, please, any comment about the situation in Cuba? Have you seen change under Raul Castro's regime?

AMBASSADOR HANFORD: Well, this last year, religious groups, which are required to register with the government -- the Ministry of Justice did grant registration to a number of groups, legal registration. But other groups have not been granted that registration and the Ministry of the Interior is guilty of surveillance and infiltration and harassment of religious -- both professionals and laypersons.

There were new regulations put into place a couple of years ago that require house churches to register and this puts these churches in a very vulnerable position. There are about 10,000 house churches and they are technically illegal and vulnerable to government pressure. And then a problem that has been going on for a long time; I visited Cuba, as, I was a part of the first staff delegation from Congress when I worked up on the Hill to visit Cuba about 18 years ago or so and even then, places of worship found it almost impossible to do repairs, to do construction, to get permits. And so their National Council of Churches has stated that I think -- in the past year, virtually none of this has been allowed by the government.

MR. CASEY: Samir.

QUESTION: In comparison with last year's report, what is, in your opinion, the new and most significant development in this new report?

AMBASSADOR HANFORD: I think on a positive front, I would point to Vietnam as the trend towards progress has continued. It has slowed. And we hope that that -- we hope that it will pick up again. But when I began in this job several years ago, there were dozens of religious prisoners, hundreds of places of worship had been closed, over a thousand. There was a national campaign in some regions at least, that involved forced renunciations of faith. The Government of Vietnam made a very conscious decision to change their policy and to grant a much higher degree of religious freedom. And they've reversed most of this.

As of last September, the last prisoner on our list that we were working with them on was released. So we've had dozens of prisoners released. They passed a whole new legal system, which has banned the practice of forced renunciations of faith and this has almost entirely stopped anywhere in the country. And virtually all of the places of worship which had been forcibly closed have been reopened.

They've gone beyond that. They've allowed for a new Catholic seminary, a new Protestant institute -- training institute to be set up. They've registered whole new religions that weren't even legal before. Nevertheless, there are still groups which are banned or where there are leaders which are under house arrest. It is our belief that in most cases, this is a result of the political views of these religious leaders and the positions that they've been taking publicly and we respect that and we, of course, believe in their freedom to do that. But we believe that the restrictions that they're placed under are not the result of their religious practices.

MR. CASEY: Let's go to this gentleman back here and then we'll come down this row. Go ahead, sir. Yeah.

QUESTION: The report said that the -- most religious abuse in Iraq is mostly non-state actors, not the government.

AMBASSADOR HANFORD: That's right.

QUESTION: So are you alarmed by the violence by some government agency like the national police personally on the use of their sectarian violence in general?

AMBASSADOR HANFORD: Well, the problem here is that, you know, we believe and I think it's been clearly confirmed that some insurgents are -- and sectarian militias are putting on police uniforms and inciting sectarian violence and trying to discredit the government. And so it's very difficult to find the sort of proof that there's an organized attempt by the government to clamp down on religious practice. I think the government is committed to the principle of religious freedom. But we are not going to see that able to flourish until the violence ceases.

MR. CASEY: Go ahead.

QUESTION: Thank you. Do you have any information -- that the number of religious prisoners in North Korea? Also, how many U.S. citizens religious prisoners in North Korea and China?

AMBASSADOR HANFORD: Well, we -- in North Korea, it's very difficult to get accurate information. We are able, in the case of defectors, or people who cross over into China and pass on information or -- there are very good sources in South Korea at times that give us good information. It's clear to us that there is a suppression of religious practice and an aggressive persecution that is unparalleled. I think it's fair to say that North Korea is the worst violator of religious freedom in the world. There basically is not allowance for any real religious practice, as far as we can tell. We do not have accurate numbers for the number of prisoners.

But people that have come out of prison report that often, religious prisoners received the worst treatment; in some cases, torture, deprivation of food. And we believe that there are large numbers of people in prison there simply because of their faith. Also, there are people that the government has -- that when people have come back and gone into China and had any contact at all with religious believers there, this has been viewed very negatively by the government and as far as we can tell, has resulted in extremely harsh treatment for the people who are determined to have had religious contact in China.

QUESTION: So you don't have any data for U.S. citizens in prison in China, so --

AMBASSADOR HANFORD: In China?

QUESTION: Yes.

AMBASSADOR HANFORD: That's -- I don't. I mean, we can get back to you on that. In China, they're -- we are concerned because especially this summer, it appears that the government has been moving to crack down on religious groups to a certain extent and this has involved even the denying of visas or the expulsion of some Americans who are -- who have been accused of practicing illegal religious activity there. The fear of many is that the government is wanting these westerners out of the country; that their goal is to crack down on any chance that there might be protest in the run-up to the Olympics. And our hope is that the government will take the opportunity of the Olympics and of the worldwide spotlight that will be shown to respect religious citizens and their practice rather than to repress it.

There are a number of examples of ways in which the government seems to be clamping down on their unprecedented restrictions on Tibetan Buddhists. There have been very aggressive efforts made towards Uighur Muslims going out to some governments in South Asia and the Middle East and Europe to forcibly return Uighur Muslims to China who have spoken out about religious freedom and the like. They've denied permission for many who wish to go on the Hajj to go. And there have been cases of Protestants and Catholics who have suffered harsh treatment.

Just a few days ago, there was a Catholic priest loyal to the Vatican who died in prison and was cremated within six hours, meaning, no one got to see his body. Another Catholic priest was arrested and tortured Father Li Huisheng in Hebei, as they attempted to force him to join the Catholic Patriotic Association. And there are similar cases of Protestants too that have been beaten and harassed in this sort of aggressive way.

QUESTION: Yes. How would you assess progress in Laos at this point? I know that it -- it's been measured as having gone forward? And then there were reports of meddling with Christian groups in the Highlands. What's happening there?

AMBASSADOR HANFORD: That's right. I've traveled there and we were pleased to see general progress in Laos. And I would say the situation is improved over what existed several years ago. The absence of rule of law has created problems and there's somewhat of an arbitrary application of the law as well, particularly in certain regions, Savannakh閠 and Savannakh閠 Province. There continue to be problems there. There are about 40 churches that were -- that remain closed -- that were closed there, although we're pleased that several of the closed churches have been open this year. And so we point to that progress.

There's also been pressure to force minority Christians to renounce their faith and this is something that had largely ceased. When I traveled there about three or four years ago, it's interesting that Laos and Vietnam were using the very same forms to force people to sign, renouncing their faith, so there was some cross-border cooperation going on there. At that point, Laos was in better shape on this practice than Vietnam. But in the case of Laos, this is cropping up again. And they've refused to register Methodists. So there continue to be scattered problems there.

MR. CASEY: Mr. Lambros.

QUESTION: Ambassador Hanford, any progress to report since the last time about the reopening of the Theological School of Halki and the religious and property rights of the Ecumenical Patriarchate of Constantinople, based in Istanbul, Turkey under the auspices of the Ecumenical Patriarch Bartholomew?

AMBASSADOR HANFORD: Yeah. Well, we have raised this issue. We've continued to raise it at the highest levels. And we are very frustrated that no progress has been made. The Halki Seminary remains closed. This could easily be reopened and flourish again, as it had for so many decades, as a place of training. And we've also explained over and over again the problem of restricting the patriarchate to people who are citizens of Turkey, since there are only 2,500 left. And so it's very difficult to find trained successors to the Patriarch. And so we continue to raise this and we are sad to say that there is not progress that I can report.

QUESTION: One more question, Ambassador. Since the Turkish authorities recently are challenging systemically the ecumenical title of the patriarchate and of the Patriarch Bartholomew, who is the head of the Orthodox church worldwide, may we know your position on this issue and when you are raising your concern to the Turkish Government too?

AMBASSADOR HANFORD: Yes. We discussed the whole range of these sorts of issues and wish for the Orthodox community to be able to practice and train leaders and have full respect for their religious community.

MR. CASEY: I think we have time for a couple more. Let's go to this woman here. I understand she had her hand up for a while, then finally we'll go back to you after.

QUESTION: Okay. Just going to back to Saudi Arabia, when you talked about the progress on, you know, removing statements of intolerance in the religious literature, has any of that actually been done or is it just statements of intention at this point?

AMBASSADOR HANFORD: No. There has been progress. We've -- you know, we've seen the materials and it's clear that there has been progress. And I think the dissemination issue has also been significantly addressed in terms of the government sending these materials around the world. As you know, some of those materials were showing up right here in Washington. Some were found this year at a school in London, I believe it was, but -- we do see progress, but it's clear that there are still some intolerant references that remain. And so --

QUESTION: And -- sorry, is that largely in the school textbooks or where are you seeing this mostly?

AMBASSADOR HANFORD: Yes, the textbooks are what I'm primarily referring to.

QUESTION: Okay.

AMBASSADOR HANFORD: Now there are a lot of textbooks and it's a big job to look these over. And we're taking this on as best we can and there are, of course, good nongovernmental organizations out there that have done a good job of getting copies of these and reporting intolerant references. And they provide a good service and we follow up on those items as well.

QUESTION: I was wondering about Vietnam. You mentioned that as, like, the biggest positive improvement and yet the commission in May recommended that it be restored to the list --

AMBASSADOR HANFORD: Right.

QUESTION: -- in November. How do you explain that difference? You also mentioned today that progress there, in fact, has slowed.

AMBASSADOR HANFORD: You know, I would say in my 20 years of working on religious freedom issues, I've never seen a country turn around -- when it was moving so strongly in one direction, turn around and undo much of the serious repression in a period of only two years without total regime change. And one would hardly ever see this sort of progress even with a total regime change. And so we feel like credit needs to be given where credit is due.

In the case of Vietnam, I've traveled there five times. I am confident that decisions were made at the highest levels to grant a greater degree of religious freedom. I think it comes down, then, to how you interpret the International Religious Freedom Act when it talks about systematic, ongoing, egregious violations of religious freedom. And if you read the language, it focuses in on abusive practices which I think were a problem before; forced renunciations; people being beaten; people being imprisoned. There's a certain threshold, a pretty high threshold that needs to be met. And that's why there are only eight countries currently on that list.

Vietnam has -- there are still problems there. There are still restrictions. But Vietnam has gone beyond just addressing the harsh measures which we felt merited the CPC designation. They have addressed those rather significantly. And now, they're moving to register and make legal groups that -- like house church groups and the Baha'is have been registered and other groups that never before were able to exist legally. They're going beyond just the things that got them on the list and they're really exercising evidences of what religious freedom looks like.

Now there's a ways to go. There are still significant restrictions and there's still hoops that groups have to jump through. And we're disappointed with the progress in the North and the Northwest Highlands in the registration process, as there are many places of worship that wish to register that are having a very slow time of getting permission. The government has told us we're going to test some and see how it goes. But this is something where I think we all need to feel good that our work together with the Government of Vietnam has produced real tangible results.

MR. CASEY: Okay, last question. Go ahead, Joel.

QUESTION: Ambassador Hanford, today, there's a report that Umar al-Bashir of Sudan from Khartoum is visiting Italy. He's considered one of the world's worst human rights abusers. There's been a war between the North and the South and he's going to meet with Pope Benedict. What do you think will come from that meeting?

AMBASSADOR HANFORD: That's a question that I really am not in a position to answer. I think that it's probably a positive thing that those discussions are occurring and -- you know, we continue to be deeply concerned at the travesty of human rights which is occurring in Sudan in the Darfur region. However, in all fairness, there have been some improvements in certain cases and certain regions, particularly in the outworking of the Comprehensive Peace Agreement. And so in the South now, you have a significant degree of religious freedom.

In Khartoum, in the North, it's more problematic with the application of Sharia law and the influence of the government on the schools and the requirement of Islamic education all the way through the years of schooling. But there is progress being made there as well.

MR. CASEY: Thank you.

2007/763

[ 本帖最后由 令狐药师 于 21.9.2007 20:22 编辑 ]
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 楼主| 发表于 21.9.2007 19:19:20 | 只看该作者
Appendix E: Overview of U.S. Refugee Policy
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor


The world's refugee population is estimated to be some 9 million persons per United Nations High Commissioner for Refugees (UNHCR) data for the end of calendar year 2006. Nearly 24 million more are displaced within their own countries by war, famine, and civil unrest. The United States works with other governments and international and nongovernmental organizations (NGOs) to protect refugees, internally displaced persons, and conflict victims, and strives to ensure that basic human needs for food, health care, water and sanitation, education, and shelter are met. The United States has been instrumental in mobilizing a community of nations to work through these organizations to protect and assist refugees worldwide, supporting major humanitarian relief operations and seeking durable solutions for refugees. For the vast majority of refugees, voluntary return to their homelands is the preferred solution. Where voluntary repatriation in safety and dignity is not feasible, other durable solutions are sought, including local integration in countries of asylum or resettlement in third countries.

Resettlement, including in the United States, is appropriate for refugees in urgent need of protection and for refugees for whom other durable solutions are inappropriate or unavailable. The United States considers for admission as refugees persons of special humanitarian concern who can establish that they experienced past persecution or have a well-founded fear of future persecution in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion. The legal basis of the refugee admissions program is the Refugee Act of 1980, which embodies the American tradition of granting refuge to diverse groups suffering from, or fearing, persecution. The act adopted the definition of "refugee" contained in the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol. The following describes the program's efforts, by region, in meeting the needs of refugees worldwide who have faced religious persecution.

The U.S. admissions program processes refugee cases referred by UNHCR, U.S. embassies, and certain NGOs and works closely with them to strengthen this referral process.

Africa

For the majority of countries in sub-Saharan Africa, religious freedom is the norm, even where other conflicts hold sway or where there has been communal violence along sectarian lines as in Nigeria. The primary exceptions have been Sudan and Eritrea.

During the 22-year civil war between "North" and "South" the Government of Sudan conducted or tolerated attacks on civilians, indiscriminate bombing raids, and slave raids in the south, all with a religious as well as an ethnic dimension. Although the conflict in Darfur involves human rights abuses based on ethnic differences, it lacks the religious dimensions of the North-South conflict. With the 2005 Comprehensive Peace Agreement (CPA) that ended the North-South conflict, an interim National Constitution entered into force that includes specific religious freedom guarantees. The country remains in a state of political transition; however, the Government of National Unity has continued to impose restrictions on non-Muslims in the north, while permitting the Government of Southern Sudan (GOSS) to develop a secular administration respecting the rights of Christians, Muslims, and others in the south. During Fiscal Year 2006, 1,848 Sudanese refugees who had found refuge in Egypt, Ethiopia, and Kenya (primarily) were resettled in the United States. With the end of the North-South conflict and the current peace prospects in southern Sudan, efforts are now focused primarily on repatriation of refugees to Southern Sudan. However, UNHCR continues to refer a limited number of Sudanese refugees in need of protection for consideration by the U.S refugee admissions program.

The Government of Eritrea continues to engage in systematic and egregious violations of religious freedom, including harassing, arresting, and detaining members of independent evangelical groups (including Pentecostals), Jehovah's Witnesses, and a reform movement within the Eritrean Orthodox Church. It also sought greater control over the four approved religious groups: the Eritrean Orthodox Church, the Roman Catholic Church, the Evangelical (Lutheran) Church of Eritrea, and Islam. Often detainees held for their religious affiliations were not formally charged, accorded due process, or allowed access to their families, and some are reportedly held in harsh conditions that include extreme temperature fluctuations. While many were ostensibly jailed for evasion of military conscription, significant numbers were being held solely for their religious beliefs. Eritrea was one of the four countries of origin (together with Somalia, Burundi, and Liberia) that account for the majority of refugee arrivals to the United States in FY 2007.

East Asia

While many governments in East Asia permit freedom of worship, religious believers face serious persecution in some countries. The Department of State has designated Burma, China, and the Democratic People's Republic of Korea (DPRK) as "Countries of Particular Concern" for systematic, egregious, and ongoing violations of religious freedom.

Genuine religious freedom does not exist in the DPRK. Consistent with the intent of the North Korean Human Rights Act, the United States has recently resettled some North Korean refugees in the United States.

The Government of China either prohibits or severely restricts independent religious activities. The Government continues to suppress, intimidate, harass, detain, and imprison some followers of those religions or spiritual movements not registered with the Government, most notably the (underground) Catholic Church loyal to the Vatican, Protestant "house churches," some Muslim groups, Buddhists loyal to the Dalai Lama, and the Falun Gong spiritual movement.

In Burma the government maintains a pervasive internal security apparatus that generally infiltrates or monitors meetings and activities of all organizations, including religious groups. The government actively promotes Buddhism over other religions as a means of boosting its own legitimacy and continues harsh discrimination against members of minority religions.

In Vietnam there have been a number of significant improvements in law and practice over the past 2 years, and a vast majority of Vietnamese who wish to practice their religion do so freely, without harassment or interference. However, official oversight of recognized religions and harassment or repression of followers of some nonrecognized religions continues. Some religious practitioners, especially ethnic minorities in the Northwest Highlands, continue to suffer harassment, arbitrary detention, and physical intimidation, although reports of such incidents have declined. Vietnam has released a number of religious prisoners, but others face administrative and civil restrictions. In Laos Protestants in particular suffer occasional arrest and imprisonment.

Europe and Central Asia

In recent years the fear of newer religious groups, many of them with ties to coreligionists in other countries, has led to a backlash in a number of post-Soviet states. Most of these states regulate religious groups and activities, specifying a set of "traditional" religions with certain privileges denied to other groups. They require registration and use this as a mechanism of control; by refusing to register new denominations they make such groups vulnerable to charges of illegal association.

The U.S. refugee admission program provides resettlement opportunities to religious minority members (as identified in the Lautenberg Amendment) with close family ties to the United States. The Department of State continues to work with the UNHCR, NGOs (both faith-based and nonsectarian), human rights groups, and U.S. diplomatic missions to identify refugees for whom resettlement is appropriate, including persons who qualify under the 1980 act on religious grounds. The U.S. refugee admissions program has provided protection to Muslims, Jews, evangelical Christians, Catholics, and Orthodox Christians as well as individuals of other religious minorities.

Eastern Europe
In Belarus, and to a lesser degree in Russia, some minority religious groups suffer harassment and difficulties finding places to meet. In Belarus groups with international ties are sometimes accused of being security threats. In Russia there were indications that the security services treated the leadership of some groups as security threats. In some countries one's faith may be associated with ethnicity, patriotism, nationalism, or even with terrorism; and authorities may be suspicious of religious groups perceived as having political agendas and organizations.

Central Asia
In the case of Uzbekistan, members of Islamic groups not approved by the State are often seen as potential terrorists and suffer harassment or imprisonment; members of Christian groups with ethnic Uzbek members are seen as politically and socially destabilizing and also suffer severe harassment. In the case of Turkmenistan, although the level of harassment has decreased, the Government continues to restrict all forms of religious expression.

South Asia

Repression of religious minorities is common in some countries in South Asia. In Pakistan discriminatory legislation persists, and the Government fails to take action against religious intolerance and acts of violence and intimidation against religious minorities, including Ahmadis, Christians, Hindus, and Zikris. In India the central Government sometimes does not act swiftly to counter either societal attacks against religious minorities or attempts by some state and local governments to limit religious freedom. In Afghanistan, despite constitutional guarantees, religious freedom is limited because of legislative ambiguity, a developing judiciary, and deference to local interpretations of Shari'a Law. Years of weak democratic institutions have contributed to intolerance manifested in acts of harassment against reform-minded Muslims and religious minorities. The Department of State continues efforts to improve access to refugee processing through dialogue with NGOs organizations and human rights groups who may identify victims with valid claims based on grounds of religious persecution. The UNHCR also has addressed religious persecution issues in several regional workshops to increase the sensitivity of protection and resettlement officers to victims of religious persecution.

Near East

Repression of religious minorities is common in the Near East. In Saudi Arabia public non-Muslim worship is prohibited, as is conversion of a Muslim to another religion. In Iran members of minority religious groups continue to face arrest, harassment, and discrimination. In 2004 Congress passed a law that adds "members of a religious minority in Iran" to the list of categories of aliens who, in refugee processing, may benefit from reduced evidentiary standards for demonstrating a well-founded fear of persecution. Iranians who belong to religious minorities (Baha'is, Sufis, Jews, Zoroastrians, and Christians) are able to apply directly for U.S. resettlement processing.

The UNHCR and U.S. embassies in the region facilitate access to the admissions program for individuals of other nationalities, including those who may qualify on religious grounds. The UNHCR also has addressed religious persecution issues in several regional workshops.

Latin America/Caribbean

In general, religious freedom is widely recognized and enjoyed in Latin America. The key exception is Cuba, where the Government engages in active efforts to monitor and control religious institutions, including surveillance, infiltration, and harassment of clergy and members; evictions from and confiscation of places of worship; and preventive detention of religious activists. The Government also uses registration as a mechanism of control; by refusing to register new denominations, it makes them vulnerable to charges of illegal association. However, despite these obstacles to religious expression, church activity has grown in recent years. The U.S. refugee admissions program specifically includes religious minorities and other human rights activists among the list of eligible groups.



Released on September 14, 2007
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 楼主| 发表于 21.9.2007 19:19:05 | 只看该作者
Appendix D: Department of Homeland Security (DHS) International Religious Freedom Act (IRFA)
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

The Department of Homeland Security has assumed responsibilities formerly charged to the Immigration and Naturalization Service under the IRFA. The DHS is committed to ensuring that all claims for refugee and asylum protection are treated with fairness, respect, and dignity, and that all mandates of IRFA for these programs are properly implemented. This appendix summarizes the Department's actions during the Fiscal Year 2006, as required under Section 102 (b)(1)(E) of IRFA.

I. Training of Asylum Officers and Refugee Adjudicators

United States Citizenship and Immigration Services (USCIS) provides extensive training to Asylum Officers to prepare them to perform their duties of adjudicating asylum claims. The training covers all grounds on which an asylum claim may be based, including religion. Asylum Officers receive approximately 5 weeks of specialized training related to international human rights law, nonadversarial interview techniques, and other relevant national and international refugee laws and principles.1 During the 5-week course and in local asylum office training, USCIS provides Asylum Officers with specialized training on religious persecution issues. With the passage of IRFA in 1998, the 5-week training program expanded to incorporate information about IRFA as a part of the regular curriculum. A staff member from the United States Commission on International Religious Freedom (USCIRF) participated in each of the two training courses held in FY 2006. In addition, a continual effort is made to include further discussion of religious persecution whenever possible in both the 5-week course and in local asylum office training. The Asylum Division regularly updates its training materials and conducts training in local asylum offices to reflect any recently issued papers on religious persecution from the United Nations High Commission for Refugees, USCIRF, or other organizations, as well as any recent developments in case law or country conditions on this issue. Furthermore, in Fiscal Year 2006, the Asylum Division piloted in one of the field Asylum Offices a half-day training module on issues of religious persecution and included as one of the presenters a USCIRF staff member. This module is being developed further for use in all field Asylum Offices.

As mandated by IRFA, USCIS provides specialized training to refugee officers. The Refugee Application Adjudication Course (RAAC) consists of 2 weeks of intensive instruction in refugee law and overseas refugee processing procedures, paying special attention to religious persecution issues. USCIS officers responsible for adjudicating refugee applications were required to attend the course. The refugee law portion of RAAC was largely adapted from the Asylum Officer Basic Training Course (AOBTC) with new modules developed specifically for overseas refugee processing.

In addition, new refugee officers must successfully complete the Refugee Officer Training Course (ROTC) to conduct overseas refugee adjudications. The course consists of in-depth training on refugee law, and much of the material is drawn from the AOBTC. This 3 week training covers all grounds, including religion, on which a claim for refugee status may be based and involves specialized training on international human rights law, nonadversarial interview techniques, and other relevant national and international refugee laws and principles. During the training, students receive specialized instruction on religious persecution issues. For example, as part of the last two sessions, USCIRF members conduct presentations on IRFA. In addition, the training encourages further discussion of religious persecution whenever possible. USCIS has updated the primary lesson plan to reflect recent guidelines issued by the Office of the United Nations High Commissioner for Refugees on religious persecution claims, as well as recent developments in refugee law. More than 30 officers have completed the training to date.

In addition to ROTC, USCIS also provides preparatory training to officers who are embarking on short-term, overseas refugee-related assignments. This training includes detailed information on religious topics that will be encountered on the overseas assignment.

The Resource Information Center (RIC) in the Asylum Division of the Refugee, Asylum, and International Operations Directorate serves both asylum officers and refugee adjudicators and is responsible for the collection, production, and distribution of materials regarding human rights conditions around the world. The RIC has published an online guide to web research that is posted on the internal DHS website. This online internet guide includes links to government and nongovernmental websites that contain information on religious persecution, as well as other issues relevant to asylum adjudications. The RIC separately catalogs religious freedom periodicals and separately codes RIC responses to field queries that involve religious issues.

II. Guidelines for Addressing Hostile Biases

In the affirmative asylum context, applicants for asylum who cannot proceed with the asylum interview in English must provide their own interpreter. Prior to conducting any interpretation for the interview, the interpreter must take an oath to translate fully and accurately the proceedings of the asylum interview. The asylum officer may terminate the interview to be rescheduled at a later date if the interpreter is found to be misrepresenting the applicant's testimony, is incompetent, or otherwise displays improper conduct.

USCIS includes specific antibias provisions in the interpreter services contract used by Asylum Officers in the Asylum Pre-Screening Program. The contract and interpreter oath also include special provisions that ensure the security and confidentiality of the credible fear process. Asylum Officers report to the Asylum Division any concerns about the accuracy or neutrality of the interpretation, which in turn are raised to the management of the interpreter services company.

-----------------------------
1Asylum Officers are required to complete two 5-week training courses, the Adjudication and Asylum Officer Basic Training Course (AAOBTC) and the Asylum Officer Basic Training Course (AOBTC). The AAOBTC covers the Immigration and Nationality Act (INA) and basic immigration law. The AOBTC includes international human rights law, asylum and refugee law, interviewing techniques, decision-making and decision-writing skills, effective country conditions research skills, and computer skills. In addition compulsory in-service training for all asylum officers is held weekly.



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 楼主| 发表于 21.9.2007 19:18:49 | 只看该作者
Appendix C: Training at the Foreign Service Institute Related to the International Religious Freedom Act
International Religious Freedom Report 2007
Released by the Bureau of Democracy, Human Rights, and Labor

I. Summary

Under the International Religious Freedom Act of 1998 (IRF Act), the Department of State is tasked with training Foreign Service Officers in both human rights broadly and religious freedom specifically. The Department of State's Foreign Service Institute (FSI) works closely with the Office of International Religious Freedom (IRF), in the Bureau of Democracy, Human Rights, and Labor (DRL), to integrate religious freedom issues into the regular curriculum at FSI. During the period covered by this report, members of the FSI training staff took part in conferences dealing with religious freedom, persecution, conflict, and reconciliation hosted by academic institutions, think tanks, and nongovernmental organizations. State Department officers from DRL and IRF regularly participate in FSI courses to brief students in area and professional studies courses, and individual briefings with FSI students on their specific portfolios. DRL and IRF officers routinely cover topics such as the international basis and standards for the right to freedom of religion, the theological beliefs of different religious groups, state actions against religious groups and other manifestations of violations of religious freedom, involvement of religious groups in politics, diplomatic tools used by the United States to promote respect for religious freedom, venues for protection of those who have fled religious persecution, and the relationships between religious freedom, democracy, and national security. FSI periodically consults with the staff of the U.S. Commission on International Religious Freedom to ensure the currency of its offerings in this area.

II. Courses Offered

The School of Professional and Area Studies (SPAS) at FSI offers training relevant to the International Religious Freedom Act of 1998 (IRFA) in a variety of courses. The following are brief descriptions of courses offered by the divisions of Political Training, Orientation, Consular Training, and Area Studies.

FOREIGN SERVICE OFFICER ORIENTATION (A-100)

During the A-100 Course, a senior State Department official from DRL presents a session on international religious freedom. Commissioners from the Commission on International Religious Freedom are also invited to speak to each A-100 class. Students are provided key background materials on religious freedom on a CD distributed to each officer. They are also directed to key websites containing related materials.

POLITICAL/ECONOMIC TRADECRAFT (PG-140)

This is a 3-week course. The students have been assigned for the first time to work in an embassy's or consulate's political, economic, or combined political/economic section. Political/Economic Tradecraft is a required course, in that State Department officers are assigned to take it by the personnel system and exceptions are rare. The State Department expects that a large proportion of these officers/students during their careers will be directly responsible for preparing their post's human rights and religious freedom reports.

As part of required consultations during the course, each student is asked to obtain the Annual Report on Religious Freedom and the report of the Commission on International Religious Freedom listed in Section III. In addition, DRL teaches a session in which religious freedom issues feature prominently. Students are provided with key background materials on religious freedom on a course CD distributed to each officer. They are also directed to key websites containing related materials.

GLOBAL ISSUES (PP-510)

This 3-day course is given twice a year and is geared toward mid-level foreign affairs and national security professionals working for the Department of State and other agencies. In the fall, this course is combined with a separate module on human rights.

As in the Tradecraft courses, DRL provides presentations in which religious freedom issues are featured together with other aspects of U.S. human rights policy.

BASIC CONSULAR COURSE (PC-530)

PC-530 is a prerequisite for serving as a Consular Officer in the Foreign Service. It is designed primarily for Foreign Service Officers preparing to go overseas to fill consular positions, dependents of U.S. government employees who will work as Consular Associates overseas, and domestic employees of the Bureau of Consular Affairs.

The Immigrant Visa portion of PC-530 addresses refugee and asylum issues as they pertain to consular officers. Role playing and other scenarios involving religious minorities have been incorporated into the American Citizen Services portion of the course. In addition, the Consular Training Division has completed development of a new lecture for the Interviewing portion of the course that addresses unusual and sensitive cases that may show up at the visa window. One of the specific scenarios in this lecture covers applicants who may potentially qualify for refugee status due to religious persecution. This lecture was fully integrated into the course by the end of July 2007.

AREA STUDIES

The Foreign Service Institute and the Appeal of Conscience Foundation annually sponsor a major symposium focused on religious freedom and the role of U.S. diplomats overseas. Officers in FSI language training and area studies courses take part in this symposium. The symposium brings together leading experts on religious issues and foreign affairs practitioners who can speak to the job-related aspects of religious freedom issues to provide our officers with a clear understanding of the importance of these issues and the challenges and responsibilities they will face.

Throughout the year, the course chairs in the Area Studies Division, in cooperation with DRL, ensure that their courses address both regional and country-specific issues of religion, religious freedom, and human rights. Participants receive substantial information encompassing the full range of issues affecting particular regions, including religious freedom and human rights, religious history, and religious traditions. Students also receive reading lists (and Internet guidance) that direct them to even more detailed material.

AMBASSADORIAL TRAINING

The Under Secretary for Democracy and Global Affairs regularly speaks to the Ambassadorial Seminar on the importance of this topic.

III. Background Material on Religious Freedom

The following background materials related to religious freedom are made available (as hard copy or through website address) to FSI students:

RELIGIOUS FREEDOM

Background Materials provided to students at FSI

Main Internet Web Page of the State Department's Office of International Religious Freedom, www.state.gov/g/drl/irf
Mission Statement for the Office of International Religious Freedom
Annual Reports on International Religious Freedom from 1999 through the present
Fact Sheets on the designation of Countries of Particular Concern
Department statements on religious freedom, specific to various countries
Remarks of State Department principals on religious freedom
History of the Office of International Religious Freedom
Background on the State Department's Advisory Committee on Religious Freedom Abroad
Main Intranet Web Page of the State Department's Office of International Religious Freedom, available only to State Department officials
Links to legal documents and databases bearing on religious freedom, including the International Religious Freedom Act of 1998
Other policy papers and resources for researching religious freedom issues
Instructions for preparation of the upcoming Annual Report on International Religious Freedom
Main Web Page of the independent, Congressionally funded U.S. Commission on International Religious Freedom, www.uscirf.gov
List of current members of the U.S. Commission on International Religious Freedom
Annual Report of the U.S. Commission on International Religious Freedom
Highlights from Key International Documents:

Universal Declaration of Human Rights (Article 18)
International Covenant on Civil and Political Rights (Articles 18, 26, & 27)


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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.



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Appendices

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.)



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