Protecting the Weak: Religious Liberty in the Twenty-First Century

I. INTRODUCTION After I was elected to represent Oregon in the United States Senate, I sought membership on the Senate Foreign Relations Committee. From that moment until now, I have received visitors from every corner of the earth seeking the favor of the United States Government. Some seek foreign aid or improved trade relations. Others seek military alliance or political defense against those who prey upon basic human rights. All too often, persecuted religionists around the world are forced to seek assistance in protecting the basic freedoms of conscience, including the right to worship God according to the dictates of conscience. Why do persecuted religionists look to Washington for hope and help? Should the United States help and, if so, how? I believe the United States would not be true to its Constitutional creed if it did not hold out sanctuary and succor to people of faith everywhere. This country has provided international leadership on issues of religious freedom throughout most of its history. In the aftermath of World War II, the United States played a pivotal role in the creation of the Universal Declaration of Human Rights ("Universal Declaration") and other international agreements that today form the international legal framework that protects religious freedom. The Fiftieth Anniversary of the Universal Declaration is an appropriate time to reflect upon the advances in human rights that have occurred since its adoption on December 10, 1948. Article 18 of the Universal Declaration declares that "[e]veryone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."1 These important words have contributed heavily to the spread of religious freedom in the latter part of this century. Since the adoption of the Universal Declaration, other significant declarations and covenants have been adopted which have expanded the scope of religious liberty protections around the world. These include the International Covenant on Civil and Political Rights;2 the Helsinki Final Act;3 the United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief;4 and the Vienna Concluding Document.5 All of these important documents reiterate and expand upon the basic language expressed in Article 18 of the Universal Declaration. In 1966, the United Nations General Assembly adopted the International Covenant on Civil and Political Rights ("ICCPR"). Today, the ICCPR is the "only global human rights treaty dealing with religion that contains measures of implementation."6 Since 1966, 125 countries have ratified and become parties to this important covenant.7 The ICCPR expands upon the language of the Universal Declaration in important ways. It requires "equal treatment of all persons before the law and prohibits discrimination based, among other things, on religion.'8 The Human Rights Committee of the United Nations has further clarified the anti-discriminatory language of the ICCPR in its General Comment to allow religious groups more freedom in basic affairs, such as "the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications."9 The General Assembly's adoption of the United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief ("1981 Declaration") has clarified and expanded upon the broad principles outlined in the Universal Declaration and in the ICCPR. The 1981 Declaration is considered by many to be the most important international instrument regarding religious rights and prohibition of intolerance based on religion or belief. …