Tolerance and Religious Freedom: The Struggle in Peru to Tolerate Multiple Cultures in Light of Principles of Religious Freedom

I. Introduction In his exposition to the emperor Nero, Seneca, that extraordinary Roman sage of Spanish origin, taught of the importance of the virtue of tolerance.1 He said that tolerance requires "a wise moderation" that is difficult to obtain, but that "no one of all the virtues is more seemly for a man."2 As a virtue, tolerance is centered between cruelty and pity.3 He who limits himself to the practice of abstention in society is not tolerant but rather he who always practices the virtue of kindness-that is, doing good wherever he is and in whatever circumstances he finds himself. I remember having returned to this idea when, representing the Latin American Consortium of Religious Liberty, I presented the Consortium's views on tolerance to Latin American political and religious authorities in November 2005. 5 On that date, by invitation of the Mexican Government, Mexico City celebrated the International Day of Tolerance in compliance with the corresponding resolution approved by the United Nations General Assembly in 1996.6 On that occasion, I expressed that, as Seneca so well defined it, tolerance is an active virtue rather than a passive one.7 1 added that it was not a matter of simple activism, devoid of substance. On the contrary, in today's world that activism is fueled by love-unconditional love of freedom, unconditional love of justice, unconditional love of truth and, above all, by an inexhaustible love of God above all things and an intense love of self as a reciprocal consequence of love for others. One year later, in celebration of the twenty-fifth anniversary of the United Nations General Assembly's enactment of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief ("1981 Declaration"),8 I now add that the loving component of tolerance requires various tools in order to bear fruit. It is not enough to love; it must be done well.9 This Article explains how legal authorities can improve their ability to incorporate the tenets of the 1981 Declaration and learn to love well, specifically in dealing with the wide variety of cultures within their population. To tiiis end, Part II addresses the basic philosophies of how to love and tolerate well and why these ideals play an important role in Peru's current legislative approach to religious freedom. Part III analyzes these principles of tolerance with respect to the treatment of indigenous Peruvian cultures. Part IV summarizes the Article's principle recommendations with a brief conclusion. II. PRINCIPLES FOR CREATING A REGIME OF TOLERANCE In order to apply the principles of tolerance, we must first understand what it means to tolerate actively and love well.10 First, we must come to know the object of our love with clarity.11 In matters of ecclesiastical law, in order to act legally and with due tolerance in society, we have an obligation to be familiar wih those special characteristics of society which will be the object of our tolerance before formulating regulations.12 Ignorance in this matter is tantamount to aggression.13 Second, we must imbue our juridical task with humility. In order to do this we must predispose our minds and our praxis to accept a priori that as humans we have weaknesses and limitations, and therefore our juridical reflection and our regulatory plans must begin with the premise that we do not own the truth.14 We may share the truth with others who see it from a different point of view; however, the state religion which seeks to impose official truths is socially harmful.15 Third, it requires the generosity necessary to accept, above all else, the virtues of others. As Secretary General Kofi Annan stated, "Tolerance cannot simply mean passive acceptance of other peoples' perceived peculiarities."16 Generosity as a component of tolerance means that we must not see others' viewpoints and virtues as temporary inconveniences that we allow until converted into our own; rather, generosity means an acceptance and celebration of another's right and ability to think and exist. …