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PREACHING AND PRACTISING: FREEDOM OF RELIGION OR BELIEF IN THE COMMONWEALTH Dr. Nazila Ghanea Commissioned by the Commonwealth Advisory Bureau About the Commonwealth Advisory Bureau TheCommonwealthAdvisoryBureauistheindependentthink-tankandadvisory serviceforthemodernCommonwealthoffifty-fournationsandnearlytwobillion citizens.WespecialiseinissuesofCommonwealthpolicyincludingglobalisation, democracy, civil society and human rights. Part of the Institute of Commonwealth Studies, University of London, we run projects in countriesacrosstheCommonwealth.Weproducequalitypolicy-relevantreportsand briefingstoinformandinfluencepolicymakersinoveraquarteroftheworlds countries.WeseektoputthepolicychoicesbeforetheCommonwealthintosharper focus, exploring options and suggesting new directions. CA/B projects are changing the waypeoplethinkonissuessuchasmakingelectionsfairer,recognisingtheneedsof indigenous peoples and assisting development in small island states. We are committed tocontinuingourworktoinformandimprovepolicyanddecisionmakingacrossthe Commonwealth. Wealsoofferconfidentialandimpartialadvicetocountriesinterestedinapplyingto jointheCommonwealth,andcanhelpexistingmembercountriesmakethemostof Commonwealth membership for maximum impact at home and abroad. This report by the Commonwealth Advisory Bureau was commissioned and funded by the Canadian High Commission, London, and authored by Dr Nazila Ghanea. Tel: +44 (0)20 7862 8865 Fax: +44 (0)20 7862 8813 Email: CAB@sas.ac.uk Web: www.commonwealthadvisorybureau.org Mail: Commonwealth Advisory Bureau Institute of Commonwealth Studies Senate House University of London London WC1E 7HU United Kingdom 1 FREEDOM OF RELIGION OR BELIEF IN THE COMMONWEALTH Dr Nazila Ghanea1 Freedom of religion or belief in the Commonwealth shows a very chequered picture. The Commonwealths vast diversity stretches from states with official state religions2 to secular states,3 states with huge religious pluralism and with concentrated religious settlements in particular regions,4 and states with the most secular to the most practising populations.5 The 54 states illustrate instances of great concern, for example where blasphemy leads to severe sanction, where inter-communal tensions occasionally erupt along religious lines,6 where conversion is restricted and family status laws are largely dictated by presumed religious affiliation.7 On the other hand, they also provide rich illustrations of peaceful co-existence, high degrees of governmental and societal respect for accommodation on the basis of religion or belief and harmonious communities. The fact that the population of the Commonwealth constitutes some one-third of the worlds population and constitutes over 1.8 billion people means that this vast diversity is hardly surprising.

1 Dr Nazila Ghanea, Lecturer in International Human Rights Law, University of Oxford nazila.ghanea@conted.ox.ac.uk2 The Constitution of Brunei Darussalam, Article 3(1) states: The religion of Brunei Darussalam shall be the Muslin Religion according to the Shafeite sect of that religion. See Annex3 The preamble to the Indian Constitution declares We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic and to secure to all its citizens liberty of thought, expression, belief, faith and worship. 4 For example, the concentration of Muslims in northern Nigeria and Christians in the south.5 See the British Social Attitudes Survey with regards to religious belief, religious membership and related attitudes in the UK. 6 One example comes from Orissa where a number of Christians died, 140 churches and prayer halls were attacked and 50,000 Christians were forced to flea from Hindu-Christian clashes in 2008. See: Missio, Violence against Christians in India: A response, Religious Violence in Orissa Issues, Reconciliation, Peace and Justice, 2009, pp. 42-70, available at: http://www.missio-hilft.de/media/thema/menschenrechte/studie/33-indien-de-en-fr.pdf See also: David Griffiths, Conversion, Re-Conversion and Violence in Central Orissa, MA dissertation, School of Oriental and African Studies, September 2010 7 Examples include India and Malaysia. 2 To this prima facie religious diversity8 should be added some consideration of the significant impact of the historical, sociological, political and legal background of the state concerned. Regardless of these, however, certain human rights law obligations pertaining to religious freedom remain binding on all states. Commonwealth member states have repeatedly reiterated their commitment to these standards, for example through including the following as a Commonwealth core value in 2009:Human rights: reaffirming our commitment to the Universal Declaration of Human Rights and human rights covenants and instruments; and recalling our belief that equality and respect for protection and promotion of civil, political, economic, social and cultural rights for all without discrimination on any grounds, including the right to development, are foundations of peaceful, just and stable societies, and that these rights are universal, indivisible, interdependent and interrelated and cannot be implemented selectively.9 The need to uphold the rights of all without discrimination is well-established in all human rights instruments, with non-discrimination on the basis of religion consistently being articulated in such standards.10 Although non-discrimination on the basis of race is consistently emphasised in Commonwealth Principles, specific mention of non-discrimination on the basis of religion is often absent. For example, the Singapore Declaration of Commonwealth Principles states We believe in the liberty of the individual, in equal rights for all citizens regardless of race, colour, creed or political belief.11 The Harare Commonwealth Declaration repeats the same language 20 years on,12 as well as calling for fundamental human rights, including equal rights and opportunities for all citizens regardless of race, colour, creed or political belief.13 The Coolum Declaration, too, omits religion or belief from the commitment for respect for diversity and human dignity;

8 See Singapore Declaration of Commonwealth Principles, 1971, Members of the Commonwealth come from territories in the six continents and five oceans, include peoples of different races, languages and religions, and display every stage of economic development from poor developing nations to wealthy industrialised nations. They encompass a rich variety of cultures, traditions and institutions. para. 2. See Annex 9 Affirmation of Commonwealth Values and Principles, Port of Spain, Republic of Trinidad and Tobago, 29 November 2009. See Annex 10 Non-discrimination, inter alia on the basis of religion or belief, is captured in Article 2 of the Universal Declaration of Human Rights, Article 2(2) of the International Covenant on Civil and Political Rights, Article 2(2) of the International Covenant on Economic, Social and Cultural Rights and Article 2 of the Convention on the Rights of the Child. 11 The Singapore Declaration of Commonwealth Principles, para. 6. See Annex 12 The Harare Commonwealth Declaration, 1991, para. 4. See Annex 13 The Harare Commonwealth Declaration, para. 9. See Annex 3 our celebration of the pluralistic nature of our societies and the tolerance it promotes; and our implacable opposition to all forms of discrimination, whether rooted in gender, race, colour, creed or political belief.14 The Commonwealth commitments to freedom of expression, freedom of cultural expression,15 democracy and democratic development, social inequality, womens rights,16good governance, connecting cultures17 and the role of civil society18 all have a bearing on non-discrimination on the grounds of religion or belief and the freedom of religion or belief. Its absence from these documents is therefore all the more surprising. All in all, religion whether in acknowledging the grounds of diversity in the Commonwealth, outlining commitment for non-discrimination on a variety of grounds, acknowledging the role of faith groups or upholding freedom of religion or belief seems to have been conspicuously absent.All in all, religion whether in acknowledging the grounds of diversity in the Commonwealth, outlining commitment for non-discrimination on a variety of grounds, acknowledging the role of faith groups or upholding freedom of religion or belief seems to have been conspicuously absent. The Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding19 goes some way toward addressing this gap. It emphasises the need for non-discrimination on a number of grounds and includes non-discrimination on the basis of

14 The Coolum Declaration, The Commonwealth in the 21st Century: Continuity and Renewal, Australia, March 2002. See Annex 15 Port of Spain Civil Society Statement to the 2009 Commonwealth Heads of Government Meeting, para. 19. See Annex 16 Commonwealth Secretary-Generals message for Commonwealth Day, 14 March 2011, the theme for that year was Women as Agents of Change, See Annex, available at http://www.thecommonwealth.org/document/181889/34293/35144/234907/cw_2011_sg_message.htm17 This was the theme for the 2012 Commonwealth Day. As the Secretary-General said in his speech on 12 March 2012 Connecting Cultures is about appreciating and celebrating these ways in which others live their lives and express themselves. And it is about much more than that too. It is about exploring how we can bring cultures together, how we can connect them in order to learn, to deepen the appreciation we have of one another. Connecting Cultures encourages us to explore how we can use culture to build bridges of exchange and understanding. We want these links to be strengthened in new and special ways in 2012. Commonwealth Secretary-Generals message for Commonwealth Day, 12 March 2012, See Annex, available at http://www.thecommonwealth.org/document/181889/34293/35144/245235/070212sgcwday.htm18 E.g. See: The Perth Declaration on Food Security Principles, Perth, Australia, 29 October 2011, para. 4. See Annex 19 Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding, Commonwealth Secretariat, 2007. See Annex 4 religion.20 It also takes a nuanced view on the acknowledgement of religious identity, but not at the expense of other identities and loyalties. It states: The Commission argues, in particular, that there is a strong need for much more dialogue and discussion on the richness of human identities and the counterproductive nature of placing people in rigidly separated identity-boxes, linked with religion or community (no matter how positively each religion or community is described). The importance of peoples cosmopolitan identity also demands greater recognition than it tends to get, without denying the relevance of other identities that can comfortably co-exist with a global outlook.21 There are strong reasons why freedom of religion or belief should be acknowledged more fully as part of the spectrum of Commonwealth concerns. Both in terms of policy and human rights, emphasising dialogue with (particular) religious communities or community leaders without equal emphasis on freedom of religion or belief may well prove counter-productive. As the Commission argued in the context of security, Whilst religious identities can be used in a very positive way, by for example instilling a moral code and way of living, stressing religious identities over and above other political and social identities can undermine efforts to strengthen civil society and community cohesion.22 Constructed dualisms23 and the setting up of preeminent dogmas24 that serve as exclusionary platforms for hatred, violence and terrorism need to be resisted. Inter-religious co-operation and civil society actions need to be balanced by freedom of religion or belief in order to emphasise that the adoption, maintaining, discarding or changing of religion or belief is in the final analysis an individual choice, albeit one that co-exists with levels of religious autonomy and minority rights. Freedom of religion or belief as a human right can be recognised as upholding five key aspects. Firstly, it should be noted that international human rights standards uphold freedom of thought, conscience and religion. They therefore relate to religion and belief

20 [N]ational identity can be used to give each person acknowledged equality in political participation, irrespective of religion, race, caste, dialect, or community, or for that matter their date of immigration. Civil Paths to Peace, p. 11. See Annex 21 [N]ational identity can be used to give each person acknowledged equality in political participation, irrespective of religion, race, caste, dialect, or community, or for that matter their date of immigration. Civil Paths to Peace, pp. 13-14. See Annex 22 Civil Paths to Peace, p. 22, para. 34. See Annex 23 Civil Paths to Peace, p. 31, para. 69. See Annex 24 Civil Paths to Peace, p. 64, para. 205. See Annex 5 and not to religious freedom alone.25Secondly, these standards uphold the freedom to have, adopt or change religion or belief26 as absolute rights,27and only allow for possible limitations on the manifestation (or public expression) of religion or belief. Thirdly, any limitations on manifestation of religion or belief need to be strictly interpreted and fulfil the following criteria: of being prescribed by law, and necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.28 Fourthly, although the declaration of an official state-religion relationship is not prohibited, this must not result in any discrimination against others.29 Some observers have taken this understanding further, and emphasise that the holding of an official state-religion or state-ideology relationship imposes on the concerned state a positive obligation to demonstrate that this does not result in any discrimination against others.30 Fifthly, manifestation is outlined under the headers of: worship, observance, practice and teaching.31 This is suggestive of a range of manifestations, including those outlined in Article 6 of the 1981 UN

25 Article 18 of the Universal Declaration of Human Rights upholds the right to freedom of thought, conscience and religion; Article 18 of the International Covenant on Civil Political Rights concerns the right to freedom of thought, conscience and religion. Commonwealth member states are also have commitments under the European Convention on Human Rights, the OSCE Helsinki Final Act, the African Charter on Human and Peoples Rights and the American Convention on Human Rights. All of these also stretch their commitment to religion or belief.26 For a discussion rising with respect to Article 18 of the Universal Declaration of Human Rights see: Bah International Community, Freedom to Believe: Upholding the Standard of the Universal Declaration of Human Rights, New York, October 2005, available at http://www.bic.org/statements-and-reports/statements/freedom-believe-upholding-standard-udhr27 This is confirmed by the UN Human Rights Committee in its interpretation of Article 18 of the International Covenant on Civil and Political Rights in General Comment 22, para. 3. This states that Article 18 distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one's choice. These freedoms are protected unconditionally, as is the right of everyone to hold opinions without interference in article 19.1.28 International Covenant on Civil and Political Rights, Art 18(3)29 The UN Human Rights Committee states in its General Comment 22 on Article 18 of the International Covenant on Civil and Political Rights that The fact that a religion is recognized as a state religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents to other religions or non-believers. In particular, certain measures discriminating against the latter, such as measures restricting eligibility for government service to members of the predominant religion or giving economic privileges to them or imposing special restrictions on the practice of other faiths, are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under article 26.. (General Comment 22, para. 9) 30 For a discussion see: Dennis de Jong, The Legal Obligations of State and Non-State Actors in Respect of the Protection of Freedom of Thought, Conscience and Religion or Belief, 3.1 Religion and Human Rights, 2008, pp. 1-13 31 See for example Article 18(1) of the International Covenant on Civil and Political Rights and Article 9(1) of the European Convention on Human Rights and Fundamental Freedoms 6 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief: In accordance with article 1 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 connexion 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.32 How do these five key aspects of freedom of religion or belief play out within the Commonwealth? Firstly, the international scope of thought, conscience and religion is upheld in the constitutions of some Commonwealth member states but not others. The Constitution of the Bahamas refers to the freedom of conscience,33 the Constitution of the Kingdom of Swaziland uses the scope of freedom of thought, conscience or religion,34 and the Constitution of the Republic of the Fiji Islands refers to religious freedom in the broader context of all persons having the right of practise of religion and the right to retain their

32 UN Doc A/RES/36/55, Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, 25 November 1981, Article 6 33 The Constitution of the Bahamas, Chapter 3, Article 22(1). See Annex34 The Constitution of the Kingdom of Swaziland Article 23(1). See Annex 7 language, culture and traditions.35 The Constitution of Mozambique upholds the right of citizens to practice or not to practice a religion and for religious denominations to pursue their religious aims freely.36 Article 5(1)(f) of the Constitution of the Republic of Venuatu safeguards freedom of conscience and worship,37 the Constitution of Bangladesh makes reference to the freedom to profess, practice or propagate any religion,38 the Canadian Charter of Rights and Freedoms refers to freedom of conscience and religion39 as a fundamental freedom and the Rwandan Constitution prohibits and punishes discrimination base on, inter alia, religion or faith, or opinion.40

Secondly, the absolute nature of freedom to have, adopt or change religion or belief is established in the constitutions of some, but certainly not all, Commonwealth member states. In many cases, constitutions upholding freedom to change religion or belief have taken inspiration and language from Article 18 of the Universal Declaration of Human Rights.41 The constitutions of Samoa,42 Kiribati,43 Tanzania,44 Nigeria45 and Zambia46 are examples of Commonwealth member states that uphold change of religion or belief in their constitutions. The Constitution of the United Republic of Tanzania states Every person has the right to the freedom to have conscience, or faith, and choice in matters of religion, including the freedom to change his religion or faith.47 Change of religion or belief requires specific and explicit protection. The UN Human Rights Committee and all the UN Special Rapporteurs on freedom of religion or belief have been most insistent on its importance. As the UN Human Rights Committee argues in its General Comment 22 that, The Committee observes that the freedom to have or to adopt a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18.2 bars coercion that

35 The Constitution of the Republic of the Fiji Islands, Chapter 2, 6 (c). See Annex 36 The Constitution of Mozambique, Chapter 2, Article 78 (1). See Annex 37 Constitution of the Republic of Venuatu, Article 5. (1) (f). See Annex 38 The Constitution of Bangladesh, Article 41. See Annex 39 The Constitution of the Kingdom of Swaziland Article 23(1). See Annex 40 The Rwandan Constitution, Article 11. See Annex 41 The Canadian Charter of Rights and Freedoms, Article 2(a). See Annex 42 The Constitution of the Independent State of Samoa, Article 11(1). See Annex 43 Constitution of the Federal Republic of Kiribati, Chapter 2.11. See Annex 44 The Constitution of the United Republic of Tanzania, Article 19(1). See Annex 45 Constitution of the Federal Republic of Nigeria, Article 38(1). See Annex 46 Constitution of Zambia, Article 19(1). See Annex 47 The Constitution of the United Republic of Tanzania, Article 19(1). See Annex 8 would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as, for example, those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant, are similarly inconsistent with article 18.2. The same protection is enjoyed by holders of all beliefs of a non-religious nature.48 Change of religion or belief requires specific and explicit protection. In states such as Malaysia there is a close nexus between race and religion49 such that freedom to change religion or belief is curtailed. This is clear from the well-known case of Lina Joy.50 In states with federal constitutions there may be state laws that implicate this freedom. One example of this is in India where a range of state initiatives have attempted to counter the so-called apostasy trend.51

Thirdly, limitations on manifestation of religion or belief may take shape in a variety of laws and policies in Commonwealth member states. This includes laws and policies addressing blasphemy, press and media laws, religious association or NGO laws, laws and policies addressing expression52 and association and so on. Insofar as the constitutional provisions themselves are concerned, the Barbados and Botswanan Constitutions utilise the language of Article 18 of the International Covenant on Civil and Political Rights in upholding the freedom to manifest and propagate religion or belief in worship, teaching, practice and

48 General Comment 22, para. 5 49 In its definition of a Malay, Article 160 of the Malaysian Constitution includes the following: a person who professes the religion of Islam, habitually speaks the Malay language, [and] conforms to Malay custom.50 See, for example: Michael Kirby, Fundamental Human Rights and Religious Apostasy: The Malaysian Case of Lina Joy, 17 Griffith Law Review, 2008, pp. 151-182 51 See: Saadiya Suleman, Freedom of Religion and anti-conversion laws in India: An Overview, 1.1 ILI (Indian Law Institute) Law Review, 2010, pp. 106 128 and American Center for Law and Justice, Religious Freedom Acts: Anti-Conversion Laws in India, 26 June 2009. See also: Christian Solidarity Worldwide, Briefing, India: Communalism, anti-conversion and religious freedom, June 2011 52 An example of this is the situation of Ahmadiyya/Ahmadis in Pakistan where, amongst other discrimination, the Ahmadiyya are prohibited from calling their places of worship mosques, their call to prayer as adhan and themselves as being Muslim. See: Human Rights Watch, Pakistan: Massacre of Minority Ahmadis, Attack on Hospital Treating Victims Shows How State Inaction Emboldens Extremists, 1 June 2010, available at http://www.hrw.org/news/2010/06/01/pakistan-massacre-minority-ahmadis9 observance.53 As well as sharing this language, the Constitution of the Republic of Mauritius prides that No religious community or denomination shall be prevented from making provision for the giving, by persons lawfully in Mauritius, of religious instruction to persons of that community or denomination in the course of any education provided by that community or denomination.54 In Sri Lanka, case law has suggested that religious association laws have restricted non-Buddhist groups more severely regarding their teaching and charitable activities than Buddhist ones. This is out of the concern that the propagation and spreading of Christianity would impair the very existence of Buddhism.55 Fourthly, the state-religion or state-ideology relationship is vastly different amongst Commonwealth member states and has a variety of impacts on others. The Constitution of Brunei Darussalam states in Article 3 (1) that The religion of Brunei Darussalam shall be the Muslim Religion according to the Shafeite sect of that religion: Provided that all other religions may be practiced in peace and harmony by the person professing them in any part of Brunei Darussalam.56 The Act of Constitution of Tonga states that Since it appears to be the will of God that man should be free as He has made all men of one blood therefore shall the people of Tonga and all who sojourn or may sojourn in this Kingdom be free for ever. And all men may use their lives and persons and time to acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will.57 The Australian Constitution states that The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.58 It should be noted that 9 Commonwealth member states are also signatory to the Dclaration de Bamako, section 24 (2000) which is promulgated by the Organisation Internationale de la francophonie. This states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise

53 The Barbados Constitution, Article 19(1). The Constitution of Botswana, Article 11. See Annex 54 The Constitution of the Republic of Mauritius, Article 11. See Annex 55 See: UN Doc CCPR/C/85/D/1249/2004, Sister Immaculate Joseph and 80 Teaching Sisters of the Holy Cross of the Third Order of Saint Francis in Menzingen of Sri Lanka v Sri Lanka, UN Human Rights Committee, 18 November 2005, para. 2(3) 56 The Constitution of Brunei Darussalam, Article 3(1). See Annex57 The Act of Constitution of Tonga, Article 1, Declaration of Freedom. See Annex58 The Constitution of Australia, Chapter 5, paragraph 116. See Annex10 any religion or none, and the right to speak their own language and enjoy their cultural life.59 Fifthly, the manifestation of religion or belief in the public sphere shows significant divergence across Commonwealth member states is not entirely evident from constitutional provisions. Many states use the same language as international human rights law norms and uphold the right to manifest and propagate religion or belief in worship, teaching, practice and observance.60 There are divergences though, for example the Constitution of the Independent State of Papua New Guinea which states Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others. 61 Many constitutions share the language of limitations of manifestation with international human rights provisions, but there are departures. The Constitution of the Republic of Uganda upholds freedom to practise any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution.62 The Constitution of Pakistan makes the fundamental rights of Article 20 to freedom to profess religion and to manage religious institutions subject to law, public order and morality.63 A number of constitutions prohibit not only manifestation to religion or belief of ones choice but also freedom from manifestations associated with other religions or beliefs, for example in the context of oaths. The Constitution of Malta also specifies this freedom from a religious manifestation one does not hold in the context of education No person shall be required to receive instruction in religion or to show knowledge or proficiency in religion if, in the case of a person who has not attained the age of sixteen years, objection to such requirement is made by the person who according to law has authority over him and, in any other case, if the person so required objects thereto.64 A number of constitutions specify the question of government funding in the context of

59 Dclaration de Bamako, section 24 (2000) which is promulgated by the Organisation Internationale de la francophonie 60 This is identical to the language of Article 18 of the Universal Declaration of Human Rights and of the International Covenant on Civil and Political Rights and is replicated, for example, in Article 11(1) of the Constitution of Belize, Article 11(1) of the Constitution of Solomon Islands, and Article 21(1) of the Constitution of the Republic of Seychelles. See Annex 61 Constitution of the Independent State of Papua New Guinea, Article 45(1). See Annex 62 The Constitution of the Republic of Uganda, Article 29(1)(c). See Annex 63 The Constitution of Pakistan, Article 20. See Annex 64 The Constitution of Jamaica, Chapter 3, Article 21. See Annex 11 specific manifestations. For example, the Constitution of Jamaica states that No religious body or denomination shall be prevented from providing religious instruction for persons of that body or denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.65 The Constitution of Tuvala refers to freedom, either alone or with others, to show and to spread, both in public and in private, a religion or belief, in worship, teaching, practice and observance.66 A review of constitutional provisions, however, falls far short of the ambition to reveal the full variety of laws, policies and codes that impact manifestation of religion or belief in public and its limitation particularly by groups. Upheld most effectively through accommodation of religion in the public square, and in recognition of a role for religion as a public good, this covers a range of concerns. The use of oaths is one area which is covered by a number of constitutional provisions and in which there has been litigation. Another contentious area is educational provision in schools and the exemptions offered to parents and pupils. This may include the request for holy days off, withdrawal from particular lessons or time off for pilgrimage. A further area where much divergence can be observed concerns the wearing of religious symbols or headcoverings, especially as civil servants in the workplace. Provision for religious observances in employment and religious exemptions for employees is a further area of where there is much contested jurisprudence. Where persecution and mass violations in the field of religion or belief are not taking place,67 it is protection for the accommodation68 of manifestation of religion or belief in the public sphere that has proven the most challenging dimension of freedom of religion or belief. In considering critiques of the European Convention on Human Rights and its protection for thought, conscience and religion under Article 9, for example, it is not the scope of religion or belief nor the having, adopting and changing religion or belief that has been of concern. It is primarily the jurisprudence that has emerged regarding manifestation, the limitations

65 The Constitution of Malta, Article 40(2). See Annex 66 The Constitution of Tuvalu, Article 23(2)(c). See Annex 67 For example see: Parliamentary Human Rights Group, Report of the Parliamentary Human Rights Group Fact Finding Mission to Pakistan to Examine the Human Rights Situation of the Ahmadiyya Muslim Community, 13th-22nd February 2010 68 Paul Bou-Habib, A Theory of Religious Accommodation, 23.1 Journal of Applied Philosophy, 2006, pp. 109-126 12 imposed on manifestation, and the extent to which there is a margin of appreciation granted in relation to that state (with its respective state-religion or state-ideology relationship), that is heavily critiqued. It is for this reason that the jurisprudence of Article 9 has been criticised as being weak, unpredictable, counterproductive and patchy. Many observers agree that, to remedy this, the Court needs to accept cogent, serious and sincerely held69 expressions of religion or belief as manifestation,70 before arguing in a robust way for limitations, where strictly necessary. The reason for giving attention to these critques of the jurisprudence of the European Convention on Human Rights jurisprudence is to argue for careful attention to protection and accommodation of manifestation of religion or belief in the public sphere in a Charter of the Commonwealth.71

The shared history and tradition of Commonwealth members has yielded administrative, educational and legal lessons that provide fertile ground for the exchange of ideas and good practice.72 It is high time that the Commonwealths shared history, tradition and common values be brought to also focus on freedom of religion or belief through the proposed Charter of the Commonwealth.It is high time that the Commonwealths shared history, tradition and common values be brought to also focus on freedom of religion or belief through the proposed Charter of the Commonwealth.In cases of violations of any of the key aspects of freedom of religion or belief as outlined above and particularly in cases of serious or persistent patterns of violations, the Commonwealth should not hesitate to take action through its existing mechanisms. These include: a reiteration of commitment to relevant Commonwealth values and principles, instructing studies, issuing policy recommendations (including proposals at the educational, community, media, political and governmental levels), sending out fact finding missions or

69 These are thresholds that have been required for a case to qualify for consideration under Article 9 of the European Convention on Human Rights. 70 The reason for this argument is that many actions have been rejected by the European Court of Human Rights as not constituting manifestation and declared as having merely been inspired or motivated by religion or belief.71 See: A Commonwealth of the People: Time for Urgent Reform, The Report of the Eminent Persons Group to the Commonwealth Heads of Government, Perth, October 2011, p. 35, available at: http://www.thecommonwealth.org/files/241620/FileName/EminentPersonsGroupReport.pdf72 Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding, Commonwealth Secretariat, 2007, p. 9 13 instigating other investigative procedures; through to the engagement of CMAG73 and membership sanctions.74The Commonwealths participation in the human rights debate 75 means it has a powerful role yet to be played with regards to freedom of religion or belief. It is therefore suggested that the freedom of religion or belief elements of the proposed Charter of the Commonwealth should include the following: 1.A wide range of Commonwealth values and principles have a bearing on freedom of religion or belief. This freedom is therefore already implicit in existing norms.2.This implicit protection, however, is not sufficient. There are reasons to believe that the current emphasis within the Commonwealth on dialogue with civil society, inter-religious co-operation, religious communities and religious leaders needs to be balanced with an emphasis on freedom of religion or belief. 3.The scope given to this freedom must be broad, as already upheld in international and regional human rights standards and indeed in the constitutions of most Commonwealth member states. 4.The adoption, maintaining, discarding or changing of religion or belief should be recognised as being an absolute human right and as being an individual choice, albeit one that co-exists with levels of religious autonomy and minority rights.5.Any limitations on manifestation of religion or belief need to be strictly interpreted and fulfil the criteria of being prescribed by law, applied in a non-discriminatory manner, and necessary to protect the fundamental rights and freedoms of others. 6.Irrespective of a stated state-religion or state-ideological relationship, there should be vigilance to ensure that this does not result in any discrimination against others. 7.The criminalisation of manifestation of religion or belief through limitations that go beyond the language of international human rights provisions must be rejected.

73 See: Commonwealth Secretariat, News Release, Commonwealth leaders agree to strengthen Ministerial Action Group (CMAG), Approval in Perth follows recommendation of the Group set up to deal with serious or persistent violations of Commonwealth values and principles, available at http://www.thecommonwealth.org/press/34580/34582/242191/281011cmag.htm See also: A Commonwealth of the People: Time for Urgent Reform, The Report of the Eminent Persons Group to the Commonwealth Heads of Government, Perth, October 2011, pp. 46-47 74 For a discussion of a range of Commonwealth actions see: Alison Duxbury, Reviewing the Commonwealths Rights Record: From Recognition to Realisation, 19 South African Journal of Human Rights SAJHR, 2003, pp. 636-662 75 See: Alison Duxbury, Rejuvenating the Commonwealth - The Human Rights Remedy, 46 International and Comparative Law Quarterly, 1997, p. 376 14 8.Considering existing Commonwealth values and commitments, and challenges to the manifestation of freedom of religion or belief, reference to religious minorities should be included. 9.The Commonwealths celebration of diversity, pluralism and tolerance and its opposition to discrimination as well as its respect of human dignity, individual liberty and equal rights cannot be won without freedom of religion or belief. Freedom of religion or belief demands respect76 by the Commonwealth as an area where discrimination will not be tolerated and human rights must be respected. We can show respect to others without agreeing with their particular doctrines or their actions.77 Freedom of religion or belief demands respect by the Commonwealth

76 Respect is being used in the sense outlined in the Civil Paths to Peace report, that is as follows: In the context of the Commonwealth, in makes sense to define respect with references to rights and equal treatment but to broaden it beyond the issue of race so that it refers to a way of treating others, whatever their age, race, gender or other aspects of their identity, with fairness and dignity. Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding, Commonwealth Secretariat, 2007, p. 16, para. 8 77 Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding, Commonwealth Secretariat, 2007, p. 17, para. 9 15 ANNEX COMMONWEALTH MEMBER STATES CONSTITUTIONS, A SELECTION78 Australia Australian Constitution, Chapter 5 para 116 The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth Antigua and Barbuda THE ANTIGUA AND BARBUDA CONSTITUTIONAL ORDER 1981 Chapter 11, Article 11(1)Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance The BahamasChapter 3, Article 22 (1) Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion of belief in worship, teaching, practice and observance. Bangladesh CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH Chapter 3, Article 41, Freedom of religion. (1) Subject to law, public order and morality- (a) Every citizen has the right to profess, practice or propagate any religion. (b) Every religious community or denomination has the right to establish, maintain and manage its religious institutions. BarbadosBarbados Constitution Chapter 3, Article 19(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. BelizeBelize/Belice 1981 Constitution Constitucin de 1981 Part 2, Article 11 (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. BotswanaCONSTITUTION OF BOTSWANA 1966 Chapter 2, Article 11, Protection of freedom of conscience (1) Except with his own consent, no person shall be hindered in the

78 This annex was compiled by Robert Kenyon, Communications and Administration Assistant in the School of Advanced Study, University of London 16 enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. Brunei DarussalamTHE CONSTITUTION OF BRUNEI DARUSSALAM Part 2 Religion, Article 3 (1) The religion of Brunei Darussalam shall be the Muslim Religion according to the Shafeite sect of that religion: Provided that all other religions may be practiced in peace and harmony by the person professing them in any part of Brunei Darussalam. CameroonConstitution of Cameroon Preamble no person shall be harassed on grounds of his origin, religious, philosophical or political opinions or beliefs, subject to respect for public policy; Cameroon is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre]CanadaCONSTITUTION ACT, 1982 PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS 2 (A) Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Canada is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] CyprusCyprus Constitution Article 18 [Thought, Conscience, Religion] 1. Every person has the right to freedom of thought, conscience and religion. 2. All religions whose doctrines or rites are not secret are free. 3. All religions are equal before the law. Without prejudice to the competence of the Communal Chambers under this Constitution, no legislative, executive or administrative act of the Republic shall discriminate against any religious institution or religion. 4. Every person is free and has the right to profess his faith and to manifest his religion or belief, in worship, teaching, practice or observance, either 17 individually or collectively, in private or in public, and to change his religion or belief. Cyprus is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] DominicaConstitution of the Commonwealth of Dominica of 1978 Chapter 1 Protection of freedom of conscience.9.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.(2) Except with his own consent (or, if he is a person under the age or eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction ceremony or observance relates to a religion which is not his own.(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.(4) A person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief Dominica is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] FijiIslandsConstitution of the Republic of the Fiji Islands Chapter 2, 6(c) all persons have the right to practise their religion freely and to retain their language, culture and traditions; The GambiaCONSTITUTION OF THE REPUBLIC OF THE GAMBIA, 1997REPRINED 2002 Chapter 3 Freedom 25 (1) Every person shall have the right to- Of speech,Conscience,(c)freedomtopractiseanyreligionandtomanifestsuch 18 practiceGhanaTHE CONSTITUTION OF THE REPUBLIC OF GHANA IN THE NAME OF THE ALMIGHTY GOD Chapter 5, 21. (1) All persons shall have the right to - (c) freedom to practice any religion and to manifest such practice; Ghana is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] GrenadaChapter 1 9.-(1)Exceptwithhisownconsent,nopersonshallbehinderedinthe enjoyment of hisfreedom of conscience, including freedom of thought and ofreligion,freedomtochangehisreligionorbeliefandfreedom,either aloneorincommunitywithothers,andbothinpublicandinprivate,to manifest and propagate his religion orbelief inworship, teaching, practise and observance.(2)Exceptwithhisownconsent(or,ifheisapersonundertheageof eighteen years, the consent of his guardian) no person attending any place ofeducationshallberequiredtoreceivereligiousinstructionortotake partinorattendanyreligiousceremonyorobservanceif thatinstruction, ceremony or observance relates to a religion other than his own.(3)Everyreligiouscommunityshallbeentitled,atitsownexpense,to establishandmaintainplacesofeducationandtomanageanyplaceof educationwhichitwhollymaintains;andnosuchcommunityshallbe preventedfromprovidingreligiousinstructionforpersonsofthat communityinthecourseofanyeducationprovidedatanyplacesof educationwhichitwhollymaintainsorinthecourseofanyeducation which it otherwise provides.(4) No person shall be compelled to take any oath which is contrary to this religion or belief or to take any oath in a manner which is contrary to his religion or belief. GuyanaCONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF GUYANA OF 1970 PART 2 SPECIFIC RULES TITLE 1(1) Except with his own consent, no person shall be hindered in the enjoyment of his of conscience, and for the purposes of this article the said freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.(2) No religious community shall be prevented from providing religious instruction for persons of that community.(3) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. IndiaTHE CONSTITUTION OF INDIA 19 Chapter IIIRight toFreedom of Religion 25. Freedom of conscience and free profession, practice and propagation of religion. 26. Freedom to manage religious affairs. 27. Freedom as to payment of taxes for promotion of any particular religion. 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. JamaicaChapter 3, Article 21 (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.(2) Except with his own consent (or, if he is a minor, the consent of his parent or guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion or a religious body or denomination other than his own.(3) The constitution of a religious body or denomination shall not be altered except with the consent of the governing authority of that body or denomination.(4) No religious body or denomination shall be prevented from providing religious instruction for persons of that body or denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.(5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief KenyaTHE CONSTITUTION OF KENYA Chapter 5, Article 78.(1)Exceptwithhisownconsent,nopersonshallbehinderedinthe enjoymentofhisfreedomofconscience,andforthepurposesofthis section that freedomincludes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community withothers,andbothinpublicandinprivate,tomanifestandpropagate his religion or belief in worship, teaching, practice and observance.(2)Everyreligiouscommunityshallbeentitled,atitsownexpense,to establishandmaintainplacesofeducationandtomanageaplaceof educationwhichitwhollymaintains;andnosuchcommunityshallbe preventedfromprovidingreligiousinstructionforpersonsofthat community in the course of any education provided at a place of education whichitwhollymaintainsorinthecourseofanyeducationwhichit otherwise provides.(3)Exceptwithhisownconsent(or,ifheisaminor,theconsentofhis guardian),nopersonattendingaplaceofeducationshallberequiredto receivereligiousinstructionortotakepartinorattendareligious ceremonyorobservanceifthatinstruction,ceremonyorobservance relates to a religion other than his own.(4)Nopersonshallbecompelledtotakeanoathwhichiscontrarytohis religionorbeliefortotakeanoathinamannerwhichiscontrarytohis religion or belief. KiribatiTHE CONSTITUTION OF KIRIBATI20 as amended to Constitution (Amendment) Act 1995 Chapter 2 11. Protection of freedom of conscience.(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains.(3) No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.(4) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.Lesotho THE CONSTITUTION OF LESOTHO Chapter 2, Article 13. Freedom of conscience (1) Every person shall be entitled to, and (except with his own consent) shall not be hindered in his enjoyment of, freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his own consent (or, if he is a minor, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own. (4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. MalawiCONSTITUTION OF THE REPUBLIC OF MALAWI Chapter 4 Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom Malaysia Malaysian Constitution. Part 1, Article 11 Article 11 (1)Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it. (2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. (3) Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and 21 (c) to acquire and own property and hold and administer it in accordance with law. MaldivesConstitution of The Republic of Maldives 2008 Chapter 2, Article 27 Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam. MaltaCONSTITUTION OF MALTA Chapter 4, Article 40(1) All persons in Malta shall have full freedom of conscience and enjoy the free exercise of their respective mode of religious worship. (2) No person shall be required to receive instruction in religion or to show knowledge or proficiency in religion if, in the case of a person who has not attained the age of sixteen years, objection to such requirement is made by the person who according to law has authority over him and, in any other case, if the person so required objects thereto: Provided that no such requirement shall be held to be inconsistent with or in contravention of this article to the extent that the knowledge of, or the proficiency or instruction in, religion is required for the teaching of such religion, or for admission to the priesthood or to a religious order, or for other religious purposes, and except so far as that requirement is shown not to be reasonably justifiable in a democratic society MauritiusThe Constitution of the Republic of MauritiusArticle 11 (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section, that freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Except with his own consent (or, if he is a minor, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that he does not profess. (3) No religious community or denomination shall be prevented from making provision for the giving, by persons lawfully in Mauritius, of religious instruction to persons of that community or denomination in the course of any education provided by that community or denomination. (4) No person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of persons professing any other religion or belief, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. Mauritius is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and 22 the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] MozambiqueCONSTITUTION OF MOZAMBIQUEApproved and enacted in November 1990 Chapter 2, Article 781. All citizens shall have the freedom to practice or not to practice a religion. Religious denominations shall have the right to pursue their religious aims freely and to own and acquire assets for the purpose of achieving these aims. Mozambique is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] NamibiaConstitution of the Republic of Namibia Article 21 Fundamental Freedoms (c) freedom to practise any religion and to manifest such practice; New Zealand New Zealand Bill of Rights Act 1990 Part 2 Civil and Political Rights Article 13 Freedom of thought, conscience, and religion Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference. NigeriaConstitution of the Federal Republic of Nigeria 1999Chapter IV Fundamental Rights, Article 38 (1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.Pakistan The Constitution of Pakistan Part II, Fundamental Rights and Principles of Policy Chapter 1, Fundamental Rights Article 20, Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality:-(a) every citizen shall have the right to profess, practise and propagate his religion; and(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions. Papua New Guinea Constitution of the Independent State of Papua New Guinea Part III, Basic Principles of GovernmentArticle 45, Freedom of Conscience, thought and religion(1) Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise 23 of that right is regulated or restricted by a law that complies with Section 38 RwandaArticle 11 of the Rwandan Constitution states that:Discrimination of whatever kind based on, inter alia, ethnic origin, tribe, clan, colour, sex, region, social origin, religion or faith, opinion, economic status, culture, language, social status, physical or mental disability or any other form of discrimination is prohibited and punishable by law. Rwanda is also a signatory to the Dclaration de Bamako, section 24 (2000) (promulgated by the Organisation Internationale de la francophonie) which states that member states will take all appropriate measure to protect members of minority groups, whether they be ethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religion or none, and the right to speak their own language and enjoy their cultural life [Prendre les mesures appropries afin d'accorder le bnfice aux membres des groupes minoritaires, qu'ils soient ethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non une religion, du droit de parler leur langue et d'avoir une vie culturelle propre] St Kitts and Nevis The Saint Christopher an Nevis Constitution Order 1983Chapter II, Protection of Fundamental Rights and Freedoms, Article 11 (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.St Lucia The Saint Lucia Constitution Order 1978 Chapter I, Protection of Fundamental Rights and FreedomsArticle 9, Protection of freedom of conscience (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. St Vincent and the GrenadinesConstitution of St Vincent and the Grenadines Chapter 1, Protection of Fundamental Rights and FreedomsArticle 9 (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.SamoaConstitution of the Independent State of Samoa 1960 Part II, Fundamental Rights Article 11, Freedom of religion(1) Every person 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 a community with others, and, in public or private, to manifest and propagate his religion or belief in worship, teaching, practice and observance Seychelles Constitution of the Republic of SeychellesChapter III, Part I, Seychellois Charter of Fundamental Human Rights and Freedoms, Article 21 (1) Every person has a right to freedom of conscience and for the purpose of this article this right includes freedom of thought and religion, freedom to change religion or belief and freedom either alone or in community with others and both in public and in private, to manifest and propagate the 24 religion or belief in worship, teaching, practice and observance Sierra Leone The Constitution of Sierra Leone, 1991 Chapter III, The Recognition and Protection of Fundamental Human Rights and Freedoms of the Individual, Article 24 (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom either alone or in community with others and both in public and in private to manifest and propagate his religion or belief in worship, teaching, practice and observance.Singapore Constitution of the Republic of Singapore Part IV, Fundamental Liberties Freedom of religion, Article 15 (1) Every person has the right to profess and practise his religion and to propagate it. Solomon Islands The Constitution of Solomon IslandsChapter II, Protection of Fundamental Rights and Freedoms of the Individual, Article 11 (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. South Africa Constitution of the Republic of South Africa Chapter 2, Bill of Rights Article 15, Freedom of religion, belief and opinion. (1) Everyone has the right to freedom of conscience, religion, thought, belief and opinion Sri LankaThe Constitution of the Republic of Sri LankaArticle 15, Freedom of thought, conscience and religion. (1) Every person is entitled to freedom of thought, conscience and religion including the freedom to hold opinions and to have or to adopt a religion or belief of the persons choice. Swaziland The Constitution of the Kingdom of Swaziland Act Chapter III, Protection and Promotion of Fundamental Rights and Freedoms, Article 23 (1) A person has a right to freedom of thought, conscience or religion TongaAct of Constitution of Tonga Part 1, Declaration of RightsArticle 1, Declaration of freedom Since it appears to be the will of God that man should be free as He has made all men of one blood therefore shall the people of Tonga and all who sojourn or may sojourn in this Kingdom be free for ever. And all men may use their lives and persons and time to acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will. Trinidad and TobagoThe Constitution of the Republic of Trinidad and Tobago Chapter 1, The Recognition and Protection of Fundamental Human Rights and Freedoms Part I, Rights Enshrined Article 4 (h) freedom of conscience and religious belief and observance TuvaluThe Constitution of Tuvalu Part II, Bill of Rights Division 3 - Protection of the Fundamental Rights and Freedoms Article 23, Freedom of belief (2) For the purposes of this section, freedom of belief includes- 25 (a) freedom of thought, religion and belief; and (b) freedom to change religion or belief; and (c)freedom,eitheraloneorwithothers,toshowandtospread,bothin publicandinprivate,areligionorbelief,inworship,teaching,practice and observance. Uganda Constitution of the Republic of UgandaChapter Four, Protection and promotion of fundamental and other human rights and freedoms. Article 29, Protection of freedom of conscience, expression, movement, religion, assembly and association. 1.(c) freedom to practise any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution; United KingdomHuman Rights Act 1998 Article 9, Freedom of Though, Conscience and Religion1. Everyone has the right to freedom of thought, conscience and religion; thisrightincludesfreedomtochangehisreligionorbeliefandfreedom, eitheraloneorincommunitywithothersandinpublicorprivate,to manifesthisreligionorbelief,inworship,teaching,practiceand observance. United Republic of TanzaniaThe Constitution of the United Republic of TanzaniaPart III, Basic Rights and Duties Article 19 (1) Every person has the right to the freedom to have conscience, or faith, and choice in matters of religion, including the freedom to change his religion or faith. VanuatuConstitution of the Republic of Venuatu Chapter 2, Fundamental Rights and Duties Part 1, Fundamental RightsArticle 5 (1) (f) freedom of conscience and worship; VanuatuisalsoasignatorytotheDclarationdeBamako,section24 (2000)(promulgatedbytheOrganisationInternationaledela francophonie)whichstatesthatmemberstateswilltakeallappropriate measuretoprotectmembersofminoritygroups,whethertheybeethnic, philosophical, religious or linguistic minorities, and the freedom to practise any religionornone,andtherighttospeaktheirownlanguageandenjoy theirculturallife[Prendrelesmesuresappropriesafind'accorderle bnficeauxmembresdesgroupesminoritaires,qu'ilssoientethniques, philosophiques, religieux ou linguistiques, de la libert de pratiquer ou non unereligion,dudroitdeparlerleurlangueetd'avoirunevieculturelle propre] ZambiaConstitution of ZambiaPart III, Protection of fundamental rights and freedom of the individualArticle 19, Protection of freedom of conscience (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. 26 RELEVANT INTERNATIONAL AND REGIONAL STANDARDS RELATING TO RELIGIOUS FREEDOM International Covenant on Civil and Political Rights 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. Neither signed or ratified: Antigua and Barbuda Brunei Fiji Kiribati Malaysia Saint Kitts and Nevis Singapore Solomon Islands Tonga Tuvalu African [Banjul] Charter on Human and Peoples' Rights Part I: Rights and Duties Chapter I -- Human and Peoples' Rights Article 8 Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. Botswana Cameroon The GambiaGhana Kenya Lesotho Malawi Mauritius Mozambique Namibia Nigeria Seychelles Sierra Leone South Africa Swaziland Uganda United Republic of TanzaniaZambia American Convention on Article 12, Freedom of Conscience and Religion 1.Everyone has the right to freedom of conscience and of religion. This 27 Human Rightsright includes freedom to maintain or to change one's religion or beliefs, and freedom to profess or disseminate one's religion or beliefs, either individually or together with others, in public or in private. 2.No one shall be subject to restrictions that might impair his freedom to maintain or to change his religion or beliefs. 3. Freedomtomanifestone'sreligionandbeliefsmaybesubjectonlyto thelimitationsprescribedbylawthatarenecessarytoprotectpublic safety, order, health, or morals, or the rights or freedoms of others. BarbadosDominica Grenada Jamaica 28 RELEVANT COMMONWEALTH DECLARATIONS RELATING TO RELIGIOUS FREEDOM Singapore Declaration of Commonwealth Principles, 1971 2.MembersoftheCommonwealthcomefromterritoriesinthesix continentsandfiveoceans,includepeoplesofdifferentraces,languages and religions, and display every stage of economic development from poor developingnationstowealthyindustrialisednations.Theyencompassa rich variety of cultures, traditions and institutions. 6. We believe in the liberty of the individual, in equal rights for all citizens regardless of race, colour, creed or political belief, and in their inalienable right to participate by means of free and democratic political processes in framingthesocietyinwhichtheylive.Wethereforestrivetopromotein each of our countries those representative institutions and guarantees for personal freedom under the law that are our common heritage. Affirmation of Commonwealth Values and Principles, Port of Spain, Republic of Trinidad and Tobago, 29 November 2009 Humanrights:reaffirmingourcommitmenttotheUniversalDeclaration ofHumanRightsandhumanrightscovenantsandinstruments;and recalling our belief that equality and respect for protection and promotion ofcivil,political,economic,socialandculturalrightsforallwithout discriminationonanygrounds,includingtherighttodevelopment,are foundations of peaceful, just and stable societies, and that these rights are universal,indivisible,interdependentandinterrelatedandcannotbe implemented selectively; The Harare Commonwealth Declaration, 1991 4.Itsmembersalsoshareacommitmenttocertainfundamental principles.TheseweresetoutinaDeclarationofCommonwealth PrinciplesagreedbyourpredecessorsattheirMeetinginSingaporein 1971.Thoseprincipleshavestoodthetestoftime,andwereaffirmour full and continuing commitment to them today. In particular, no less today than 20 years ago: webelievethatinternationalpeaceandorder,globaleconomic development and the rule of international law are essential to the security and prosperity of mankind; webelieveinthelibertyof theindividualunderthelaw,inequal rightsforallcitizensregardlessofgender,race,colour,creedor politicalbelief,andintheindividual'sinalienablerightto participate by means of free and democratic political processes in framing the society in which he or she lives; werecogniseracialprejudiceandintoleranceasadangerous sicknessandathreattohealthydevelopment,andracial discrimination as an unmitigated evil; weopposeallformsofracialoppression,andwearecommitted to the principles of human dignity and equality; we recognise the importance and urgency of economicand social development to satisfy the basic needs and aspirations of the vast majorityofthepeoplesoftheworld,andseektheprogressive removalofthewidedisparitiesinlivingstandardsamongstour members. 9.HavingreaffirmedtheprinciplestowhichtheCommonwealthis committed,andreviewedtheproblemsandchallengeswhichtheworld, andtheCommonwealthaspartofit,face,wepledgetheCommonwealth andourcountriestoworkwithrenewedvigour,concentratingespecially in the following areas: theprotectionandpromotionofthefundamentalpoliticalvalues of the Commonwealth: 29 democracy,democraticprocessesandinstitutionswhichreflect nationalcircumstances,theruleoflawandtheindependenceof the judiciary, just and honest government; fundamentalhumanrights,includingequalrightsand opportunities for all citizens regardless of race, colour, creed or political belief; equality for women, so that they may exercise their full and equal rights; provisionofuniversalaccesstoeducationforthepopulationof our countries; continuingactiontobringabouttheendofapartheidandthe establishmentofafree,democratic,non-racialandprosperous South Africa; thepromotionofsustainabledevelopmentandthealleviationof poverty in the countries of the Commonwealth through: astableinternationaleconomicframeworkwithinwhichgrowth can be achieved; soundeconomicmanagementrecognisingthecentralroleofthe market economy; effective population policies and programmes; sound management of technological change; thefreestpossibleflowofmultilateraltradeontermsfairand equitabletoall,takingaccountofthespecialrequirementsof developing countries; anadequateflowofresourcesfromthedevelopedtodeveloping countries,andactiontoalleviatethedebtburdensofdeveloping countries most in need; thedevelopmentofhumanresources,inparticularthrough education,training,health,culture,sportandprogrammesfor strengtheningfamilyandcommunitysupport,payingspecial attention to the needs of women, youth and children; effectiveandincreasingprogrammesof bilateralandmultilateral co-operation aimed at raising living standards; extendingthebenefitsofdevelopmentwithinaFrameworkof respect for human rights; theprotectionoftheenvironmentthroughrespectforthe principlesofsustainabledevelopmentwhichweenunciatedat Langkawi; actiontocombatdrugtraffickingandabuseandcommunicable diseases; helpforsmallCommonwealthstatesintacklingtheirparticular economic and security problems; support of the United Nations and other international institutions intheworld'ssearchforpeace,disarmamentandeffectivearms control; and in the promotion of international consensus on major global political, economic and social issues. The Coolum Declaration, The Commonwealth in the 21st Century: Continuity and Renewal, Australia, March 2002 Para 3: Our respect for diversity and human dignity; our celebration of the pluralisticnatureofoursocietiesandthetoleranceitpromotes;andour implacableoppositiontoallformsofdiscrimination,whetherrootedin gender, race, colour, creed or political belief 30 Port of Spain Civil Society Statement to the 2009 Commonwealth Heads of Government Meeting CULTURE, CREATIVITY AND INNOVATION 19. Affirming that access to, and enjoyment of, culture and freedom of cultural expression are fundamental human rights; Commonwealth Day 14 March 2011 - A message from Commonwealth Secretary-General Kamalesh Sharma The Commonwealth theme for 2011 is Women as Agents of Change.Commonwealth Day is celebrated on the second Monday in March, a day when every school in the Commonwealth is open, and a day on which we hope soon that every child in the Commonwealth, across continents and oceans, will have the opportunity to be in school.Most schoolchildren know their fractions, and a simple one is this: one-half of the worlds population may be made up of women and girls; yet women and girls bear two-thirds of the worlds problems.Two-thirds of those out of school worldwide are girls; and two-thirds of those who are illiterate, or out of work, or living with HIV/AIDS, are women. Girls should have the chance to grow up and become healthy, educated women who can make a positive difference to their own lives and to the lives of others. Women are the barometers of society: they are an indication of its internal pressure levels, and their fortunes can be the clearest forecasts of good or bad things to come. Where women prosper, societies prosper; and where women suffer, so too do the societies in which they live.By investing in women and girls, we have seen that we can accelerate social, economic and political progress.The evidence is clear.The Commonwealth has given practical help to women in entrepreneurship; it has supported the role of women in peace-keeping, and in local and national politics; and it has argued the case for empowering women from putting young girls through school, to ensuring that women have access to trained midwives.We have pioneered amongst our member governments a gender consideration to every aspect of national life, and hence a need for policies and funds to match.Women are the people who can bring about real and lasting transformation at every level in society. Unlocking this limitless but locked potential is the first challenge before the human community. It can open the doors of opportunity for all in the Commonwealth and the wider world. 31 Commonwealth Secretary-Generals message for Commonwealth Day, 14 March 2011 Connecting Cultures is about appreciating and celebrating these ways in which others live their lives and express themselves. And it is about much more than that too. It is about exploring how we can bring cultures together, how we can connect them in order to learn, to deepen the appreciation we have of one another. Connecting Cultures encourages us to explore how we can use culture to build bridges of exchange and understanding. We want these links to be strengthened in new and special ways in 2012. Connecting Cultures also gives us an insight into the richness that makes up each individual Commonwealth citizen. By overcoming the limited way of seeing people only in terms of ethnicity, gender, faith, or some other single strand of their identity, we find common bonds that expand the sense of our identity in all its complexity and wonderful variety Commonwealth Heads of Government Meeting (CHOGM), Perth 2011, Final Communiqu.Heads agreed to the following: 1. Reform of the Commonwealth to ensure that it is a more effective institution, responsive to members needs, and capable of tackling the significant global challenges of the 21st century.This includes: [...]k) promoting tolerance, respect, understanding and religious freedom which, inter alia, are essential to the development of free and democratic societies. Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding, Commonwealth Secretariat, 2007 The Reach of Civil Paths The Commission argues, in particular, that the