Tag Archives: International Human Rights

Raphael Lemkin Was a Remarkable Man

When he died, roughly 50 years ago at the age of 59, Raphael Lemkin was impoverished and embittered, an unnoticed man. Only 7 people attended his funeral. Yet he was one of the most influential international human rights lawyers of the twentieth century. Lemkin, whom Jay Winter describes in a recent piece as a “one-man NGO,” coined the word “genocide” for the destruction of a national, ethnic, racial or religious group, and was the driving force behind adoption of the UN Genocide Convention of 1948.

He came up with the term “genocide” in reflecting on the massacres of Armenian Christians in Ottoman Turkey during World War I–events we now know as the Armenian Genocide–but he had an example closer to home as well. A Polish Jew, he lost about 50 relatives in the Holocaust, and himself escaped the Nazis only after taking a bullet in the hip. He made his way to America, where he joined the law faculty at Duke, wrote his most important book, Axis Rule in Occupied Europe, and worked, successfully, for adoption of the UN Convention.

What explains his bitterness and isolation at the end? Lemkin was a loner and a difficult man; that was part of it, no doubt. And he could surely see, as Winter writes, that naming a crime, even legislating against a crime, does not necessarily reduce its frequency. It’s hard to argue that the Genocide Convention has been a great success. Still, Lemkin’s career had a public impact which most of us, especially in the legal academy, would be proud to claim.

I reflect on all this because, this month, Yale University Press releases Lemkin’s unfinished autobiography, Totally Unofficial: The Autobiography of Raphael Lemkin, edited by historian Donna-Lee Frieze. It looks very interesting. Here’s the publisher’s description:

Among the greatest intellectual heroes of modern times, Raphael Lemkin lived an extraordinary life of struggle and hardship, yet altered international law and redefined the world’s understanding of group rights. He invented the concept and word “genocide” and propelled the idea into international legal status. An uncommonly creative pioneer in ethical thought, he twice was nominated for the Nobel Peace Prize. Although Lemkin died alone and in poverty, he left behind a model for a life of activism, a legacy of major contributions to international law, and—not least—an unpublished autobiography. Presented here for the first time is his own account of his life, from his boyhood on a small farm in Poland with his Jewish parents, to his perilous escape from Nazi Europe, through his arrival in the United States and rise to influence as an academic, thinker, and revered lawyer of international criminal law.

“Orthodox Christianity and Human Rights” (Bruning & van der Zweerde, eds.)

We’re a little late getting to this, but last year Peeters published an interesting looking collection on the conception of human rights in Orthodox Christianity, particularly in nations from the former Soviet Union: Orthodox Christianity and Human Rights (Bruning & van der Zweerde, eds.). As the Pussy Riot trial showed, the view of human rights in those nations sometime diverges from the Western consensus in a way that leaves everyone a bit confused. This book may help resolve some of that confusion. Here’s the publisher’s summary:

Orthodox theology and the Orthodox Churches had, and continue to have an ambiguous relationship towards the concept of Human Rights: principal approval often stands alongside serious criticism. This is especially true for those Orthodox Churches which have their centre in a country of the former Soviet sphere. On the one hand, especially since the fall of Communism they enjoy religious freedom that forms a central element within the framework of Human Rights. On the other hand, the transformation process of the 1990s and the challenge of pluralism and globalization have all confronted them with aspects of freedom that could not but affect their stance towards the Human Rights concept in general. This also means, that doubts and reservations related to this concept came to the fore again, which had yet existed already decades before. These reservations focused on such issues as Church and secular society, Church and state, furthermore on the understanding of central terms such as “freedom”, “dignity”, “rights” – central also for an Orthodox anthropology, that needs to be reconciled with the partly differing approaches behind the Human Rights concept.

The chapters of this volume try and explore as much the philosophical and theological as the social, historical and practical aspects of this complex relationship. Based either on the discussion of differing theological concepts, or on empirical and concrete case studies respectively, they clearly show the tensions and fractures that do exist. On the other hand, in this way they also hint at possibilities to overcome these tensions, to continue a dialogue that already has begun, and to avoid the numerous misunderstandings between East and West which currently tend to form a hindrance to this dialogue at various points.

H/T: Eastern Christian Books

Sezgin, “Human Rights Under State-Enforced Religious Family Laws”

9781107041400iThis September, Cambridge University Press will publish Human Rights Under State-Enforced Religious Family Laws in Israel, Egypt, and India by Yüksel Sezgin (Syracuse University). The publisher’s description follows.

About one-third of the world’s population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Vatican to UN: More Than 100,000 Christians Killed for Their Faith Each Year

For reasons I’ve discussed before, elite opinion in the West is uncomfortable with the idea of Christians as a persecuted minority. At least since the Enlightenment, Western intellectuals, as a class, have seen traditional Christians as adversaries to be resisted, not victims to be rescued. The idea that in some circumstances Christians might actually be victims complicates the narrative in unpleasant ways.

To be fair, traditional Christians in the West sometimes overstate their difficulties. There are worrisome signals, to be sure. In ways that one would not have imagined even 20 years ago, governments seem willing to require traditional Christians to give up their religious convictions as the price for entering the marketplace, or even doing charitable work. But that’s not persecution, exactly. No one is forcing Christians to the catacombs.

Persecution of Christians in other parts of the world is a fact, however, and one that needs repeating. Archbishop Silvano Tomasi, the Vatican’s Permanent Representative, thus deserves credit for raising the topic at a meeting of the UN’s Human Rights Council in Geneva yesterday. Tomasi deplored the fact that, according to credible estimates, more than 100,000 Christians around the world are killed each year because of their faith. Many others are subjected to rape, displacement, destruction of their places of worship, and the abduction of their leaders. As to that last item, the whereabouts of the two Orthodox bishops whom elements of the Syrian opposition kidnapped last month remain unknown.

It’s certainly true that other religious minorities suffer too; human rights advocates often give this as a reason for not singling out Christians in particular. But what sense does that make? One hears a great deal about the persecution of other religious minorities by name, and rightly so. It’s time the global human rights community spoke of the persecution of Christians, as Christians, as well.

Castellino & Cavanaugh, “Minority Rights in the Middle East”

MinorityRights_MIddleEastThis April, Oxford University Press published Minority Rights in the Middle East by Joshua Castellino (Middlesex University) and Kathleen A. Cavanaugh (National Univ. of Ireland, Galway). The publisher’s description follows.

Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law.

The book identifies who exactly can be classed as a minority group, analyzing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Is the US Selling Out the Middle East’s Christians?

Elizabeth Prodromou, a former Vice Chair of the US Commission on International Religious Freedom, or USCIRF, has some harsh words for the commission’s annual report, issued last month. Prodromou sharply criticizes USCIRF and the entire US foreign policy team for ignoring human rights violations endured by Orthodox Christians in the Middle East.

For example, Prodromou complains that neither the US Administration nor USCIRF (an independent agency) has issued a statement about the kidnapping in Syria last month, most likely by Islamists in the opposition, of two Orthodox bishops. The kidnapping of two bishops sends an ominous message to Syria’s Christians, and Prodromou is outraged that the US did not see fit to introduce a Security Council resolution condemning the kidnapping. Russia, she notes, did introduce such a resolution.

I share Prodromou’s outrage about what is happening to Christians in Syria, most of whom are Orthodox, and her frustration at the West’s lack of attention to the problem. (This lack of attention is nothing new; the last US administration seemed more or less indifferent to the plight of Iraq’s Christians). But I’m not sure that official American statements would help the situation. Perversely, official expressions of concern from the outside often increase the danger for Christians in the Middle East. When Pope Benedict spoke about the obvious mistreatment of Copts a while ago, for example, Egypt withdrew its Vatican ambassador in protest. Things have not improved for the Copts since.

Moreover, it’s not plain how much credibility US government statements have in Syria at the moment. The US has worked itself into a situation in which neither of the major players in the conflict, neither Assad nor the Islamists who dominate the opposition, have an incentive to listen to what the US says. I’m not suggesting the US and the West should ignore the plight of Syria’s Christians and leave them to their fate; not at all. I mean only that official statements, without the wherewithal to back them up, do little, and often backfire.

Prodromou is on firmer ground when she criticizes the USCIRF report’s about-face on Turkey. Last year’s USCIRF report declared Turkey a “country of particular concern,” or CPC, a designation that signified that Turkey had an especially problematic record on religious freedom. This year’s report upgrades Turkey’s status from a CPC to a country that merely warrants monitoring. But, Prodromou notes, there hasn’t been any appreciable improvement of the situation for Orthodox Christians (and other religious minorities) in Turkey over the last year:

By the USCIRF’s own report in 2013, Halki [a famous Greek Orthodox seminary] remains shuttered 42 years after its closing and 10-plus years into the Erdogan era; there has been no overhaul of the property rights regime used to economically disenfranchise the country’s Orthodox Christian citizens and strip Orthodox foundations of their lands, so that the USCIRF characterized random returns of property, as in the case of forest lands around Halki returned to the Ecumenical Patriarchate, as “commendable” but “not codified by law.”  The 2013 USCIRF report also cited rising fear amongst Armenian Orthodox citizens of Turkey, because of hate crimes committed against members of their community, the most grotesquely emblematic case being that of an 84-year-old Armenian woman who was murdered in her Istanbul home with a cross carved into her chest.  The Commission obliquely commented that the “Turkish local police promptly launched investigations into three cases, but it is not known if any arrests have been made connected to any of these incidents.”

It does seem very strange that a country could go from being a “country of particular concern” to one merely “worth watching” in the space of a year, especially a country with Turkey’s spotty religious-freedom record. In fact, four commissioners dissented from USCIRF’s decision. USCIRF shouldn’t have named Turkey as a CPC in the first place, the dissenters wrote, but, having made that decision, USCIRF is now making the opposite mistake. “We believe that Turkey has not shown nearly enough improvement in addressing religious freedom violations over the past year to justify its promotion to the status of a country that is merely being monitored,” they explained. The dissenters would have placed Turkey in an intermediate category–among “Tier 2″ religious freedom violators, in the parlance of USCIRF.

You can read Prodromou’s entire post here.

Shortt, “Christianophobia”

“Christianophobia” is a relatively new word that refers to two fairly old, and distinct, phenomena. The first is the antipathy for traditional Christianity among cultural leaders in the West, especially Europe. This antipathy dates from the Enlightenment, but has gained strength in the last few decades. The second, and far more pressing, matter is the outright persecution of Christians in many other parts of the world.  Later this month, Eerdmans will release Christianophobia: A Faith Under Attack, by Rupert Shortt, religion editor of the Times Literary Supplement. Shortt’s book focuses on the latter problem. Here’s the publisher’s description:

On October 29, 2005, three Indonesian schoolgirls were beheaded as they walked to school — targeted because they were Christian. Like them, many Christians around the world suffer violence or discrimination for their faith. In fact, more Christians than people of any other faith group now live under threat. Why is this religious persecution so widely ignored?

In Christianophobia Rupert Shortt investigates the shocking treatment of Christians on several continents and exposes the extent of official collusion. Christian believers generally don’t become radicalized but tend to resist nonviolently and keep a low profile, which has enabled politicians and the media to play down a problem of huge dimensions. The book is replete with relevant historical background to place events within their appropriate political and social context.

Shortt demonstrates how freedom of belief is the canary in the mine for freedom in general. Published at a time when the fundamental importance of faith on the world stage is being recognized more than ever, this book will be essential reading for anyone interested in people’s right to religious freedom, no matter where, or among whom, they live.

USCIRF Issues Annual Report

I posted earlier this week about the US Commission on International Religious Freedom’s special report on violations of religious liberty in Syria. Also this week, USCIRF issued its annual, comprehensive (364 pages) report on religious freedom around the world. It makes for interesting reading.

USCIRF is an independent, bipartisan government advisory body that monitors global religious freedom and makes non-binding policy recommendations to the President, the Secretary of State, and Congress. For example, each year, USCIRF suggests countries for inclusion on the State Department’s list of “countries of particular concern”–those whose governments engage in or tolerate especially bad violations of religious freedom. This year, USCIRF names 15 such countries, including Burma, China, Iran, Saudi Arabia, Egypt, Iraq, and Vietnam.

Iraq’s appearance on the list is especially noteworthy. Notwithstanding the Iraqi government’s “efforts to increase security for religious sites and worshippers, provide a stronger voice for Iraq’s smallest minorities in parliament, and revise secondary school textbooks to portray minorities in a more positive light,” the report states, the government “continues to tolerate systematic, ongoing, and egregious religious freedom violations, including violent religiously-motivated attacks.” Please note: Ten years after a US-led war to topple a dictator and establish the rule of law, things are so bad that a US government commission has named Iraq as a particularly worrisome country with respect to religious freedom. Let’s hope the people running our Syria policy are paying attention.

With respect to American policy on religious freedom generally, the report shows some frustration. One gets the distinct sense that the commissioners think the Obama Administration should make global religious freedom more a priority. For example, the report decries the downgrading of the Ambassador-at-Large for International Religious Freedom and the downsizing of her staff. And it criticizes the Administration for not taking more concrete action with respect to  ”countries of particular concern” that the State Department already has named.

The report contains a thematic section with helpful material on a variety of issues; this section will be especially useful for scholars. Among the issues addressed are constitutional changes in Muslim-majority countries and the increasing adoption and enforcement of anti-blasphemy laws around the world.

USCIRF Calls for Obama Administration to Act on International Religious Freedom

The United States Commission on International Religious Freedom yesterday called on the Obama Administration to take several steps to promote international religious freedom. From the press release:

The U.S. Commission on International Religious Freedom (USCIRF), an independent, bipartisan U.S. federal government commission dedicated to monitoring the universal right to freedom of religion or belief, urges the Obama Administration during its second term to promote religious freedom as both a pivotal human right and a practical necessity.  Religious freedom is a fundamental human right that encompasses other freedoms — including those of expression, association, and assembly.  It serves as the proverbial canary in the coal mine, as it often is the first freedom taken away.  Recent studies have also shown that restrictions on religion are rising worldwide, and with that, an increase in societal hostility and instability. Consequently, religious freedom has real national security relevancy, as conditions supporting religious freedom can help combat the rise of violent religious extremism.

Among the steps the Commission calls for are an executive order on international religious freedom, an interagency working group on international religious freedom at the National Security Council, and training of diplomats and military personnel. The full press release is here.