ࡱ> %` tbjbj"x"x 3@@ k8l@L62(0"0"0"N6P6P6P6P6P6P6$8hi:pt6Y,"""Y,Y,t6N6///Y,N6/Y,N6//:5,5 `$+S,l:5 N6606D5R:Y.:5:50"2b%H/'~)0"0"0"t6t6)/0"0"0"6Y,Y,Y,Y,  31 January 2009 Submission Freedom of Religion and Belief in the 21st Century 鱨վ us The Council of Australian Humanist Societies (CAHS) is a national umbrella organisation made up of affiliated state-based Humanist Societies. CAHS in turn is affiliated with the International Humanist and Ethical Union (IHEU), the peak body representing Humanists, Rationalists, Atheists and other freethinkers in international forums such as the United Nations. Modern Humanists call their ethical approach to living, Humanism. It is best described as a life philosophy, or a secular lifestance. It is not a religion, but rather a secular alternative to a religious life stance. Like religious people Humanists have beliefs. These are grounded in the vast accumulation of evidence by science that shows humans to be naturally evolved beings, interdependent with the rest of nature. As a non-religious point of view, Humanists are sceptical about supernatural gods or spirit entities. Instead, we believe that the resources for leading a good life are to be found within the natural world. These include the accumulated experience and wisdom of humanity and, our innate human capabilities to live in ways that are responsive to the needs of individuals and the social group to which we belong. The Canadian Humanist and author, John Ralston Saul summarises these capabilities as common sense, creativity, ethics, intuition, memory and reason. Humanists place value on an examined or considered life, lived with care, compassion and regard for others. We support the right of individuals to choose their own way of life providing this does no harm to others. Humanists value, personal responsibility, autonomy, social connections and the use of reasoned inquiry. The Humanist view is one that continues to grow and develop over a lifetime of enquiry. We believe we have one life and that it should be lived to the best of our ability and circumstances. Humanist organisations, like CAHS provide a voice for a growing segment of the Australian population made up of people who no longer profess a religion, but who aim to lead a good life. Good in the sense of a satisfying, worthwhile life imbued with care and concern for self and others. Section 1. Evaluation of 1998 HREOC Report on Article18: Freedom of Religion and Belief Q. 1. What are areas of concern regarding the freedom to practice and express faith and beliefs, within your faith community and other such communities? A major concern Humanists have is the failure of government and other bodies to officially acknowledge secular ethical life philosophies like Humanism as credible, equivalent alternatives to religion. Three examples typify this denigration of secular life philosophies. When forms are to be filled in such as for entry to a school, hospital, nursing home and the five-yearly census, what is requested is the persons religion, as though this is the only credible life philosophy a person would have. This leaves Humanists and other secularists with three options. They can ignore the question, put a line through it, or rewrite the question in a way that permits the response to be Humanist or freethinker. The funding by the federal government chaplaincy program in schools makes no provision for Humanist equivalents. Religious organisations are permitted to provide religious instruction in public schools, but so far no Humanist group has been allowed that right. Humanists consider that the above and similar inadequacies on forms could be readily altered by government backed recognition and recommendation that forms ask for religion or life philosophy, in a wording that gives equality to both secular and religious life stances thereby no longer assuming all people necessarily have a religion. Humanists consider that a significant impediment to granting equivalence between secular and religious life stances is derived from the biased nature of a single, option question on the five-yearly census. The question is biased towards religion by its phrasing and structure, in two ways. First, by asking, What is the persons religion? it presumes that all people have a religion as they have a birth date and an address. Respondents are thereby encouraged to mark a religion, even though they no longer have any allegiance to it. And second, by placing the no religion category right at the bottom of the many response options, implies a lesser status. Humanists have a further reason to be concerned and offended by the biased nature of the religion question. For the past two censuses (2001 and 2006), additional information on the religion question gives Humanism along with Salvation Army and Judaism as an example of what can be written in the Other space. Humanists have protested to the ABS over this misleading use of Humanism as an example of a write-in religion, without successfully getting a change on the census form. And weve been informed that as a cost cutting measure there will be no major review of the 2006 census questions, so in 2011 essentially the same questions will be repeated. Another example of secular life philosophies being officially brushed aside comes from Free to believe? HREOC Discussion Paper No. 1, February 1997. On page 9, Australia is referred to as A predominately Christian countrywith significant religious minorities. The statistical percentages however showed that at that time the no religion segment to be at 12.9% more than four times the religious minorities at 2.6% (2001 Census). However, having noted the percentage, the people with no religion then cease to be of interest to HREOC Discussion Paper. Section 2: Religion and State the Constitution, roles and responsibilities The Constitution Q. 1. Is this section of the Constitution an adequate protection of freedom of religion and belief? Section 116 of the Constitution as interpreted appears to protect freedom of religion. However, Humanists consider that no religion ought to be free to engage in practices that are outside Australian law. We expect that all citizens should be protected from the harm caused by some religious practices. The Constitution should therefore not guarantee the free exercise of any religion. It should state that there are legal limitations to such freedom and that the law of the land prevails. Q. 3. When considering the separation of religion and state, are there any issues that presently concern you? A.] Humanists consider that government funding to religious organisations violates the usually accepted meaning of separation of religion and state. Religion is a private matter that citizens are free to engage in or not. It therefore follows that organisations of people supporting or engaging in a particular religion ought to be funded entirely from the resources of those people. This means that the funds for the building and upkeep of places of worship, remuneration for clerics, special events grants (World Youth Day recently in Sydney) the building maintenance and staffing of schools to propagate that religion etc. should be sourced from people supporting that religion. Should a religious group start up a business either to service the needs of its own community or make money for other purposes, it should not be given special tax status that puts it at advantage over similar but non-religious businesses. B.] Humanists consider that the established practice of beginning parliamentary sessions with Christian prayers violates the separation of religion and state. While this practice was put in place many years ago in a manner following the British parliament, it is one that ought to be phased out and a collective reflection used instead. Unlike Great Britain, Australia has no state religion, and is now a country of diverse religions and secular life beliefs, so prayers in parliament are best viewed more as a habit, than a considered gesture. We understand parliamentary procedures, including prayers, are in the hands of parliamentarians and that they are among themselves looking at possible reforms to this practice. We hope HEROC report in its recommendations will spur parliamentarians into making changes that render any ritual at the beginning of a parliamentary session more consistent with the diversity of beliefs in modern Australia. C.] Like prayers in parliament, employing clergy for public ceremonies is a hang-over from established British practice, and time in Australias history when the populous was overwhelmingly Christian. D.] The failure of governments to hold the charitable arm of religious organisations, publicly accountable. We strongly recommend the setting up of a National Charities Commission, similar to that already existing in New Zealand. E.] We are concerned that the Catholic Church attempts to influence legal reforms and the development of law in Australian courts. The type of examples that have come to out attention include an appeal to the High Court over assisted reproduction in the Infertility Treatment Act, and interference in the activities of legal abortion clinics. Q. 4. Do religious or faith-based groups have undue influence over government and/or does the government have undue influence over religious or faith-based groups? A.] The intense lobbying activities and political donations of some fundamentalist and evangelical Church groups and other concerns mentioned above increase the influence of religious groups over government. B.] According to credible surveys of public opinion over 80% of the population support the option of physician assisted dying (voluntary euthanasia) being available to the terminally ill should they request it. This view is held across religious, political and age group social divides. However, a Bill to legalize this practice was rejected in the Victorian Upper House of Parliament after intense pressure from the Australian Christian lobby and other conservative Christian organisations. And previously in the Northern Territory Bill The Rights of the Terminally Ill, was overturned in the federal parliament through a private members Bill, introduced and backed by religious groups. Also individual Senators (Senator Fielding of Family First and former Senator Brian Harradine) with conservative religious views and backed by conservative religious groups use their voting power in Parliament to do such things as ban the RU486 abortifacient in Australia and block family planning advice from being part of from Australias overseas aid program AusAID. C.] Among other policies quashed under threats of religious groups include the ACT legislation to allow civil unions for same sex couples, and the attempt of the Queensland Government to change the Education Act to include religion and beliefs in classes and an opt in rather than an opt out system for attending religious instructions. Q.5. Would a legislated national Charter of Rights add to these freedoms of religion and belief? Humanists consider Australia needs a national Bill of Rights. While Australia played, a prominent role in the formulation of the Universal Declaration of Human Rights on the 60th anniversary of this great event Australia is the only Western nation without a national Bill of Rights. Such a Bill is urgently needed because: Protection is required from serious human rights abuses such as those that are known to have occurred in the previous decades. The common law does not deal well with the protection of rights due to ambiguities and gaps Minority groups and the disadvantaged require protection by specific statutes that are not in our present legislation, these include such disadvantaged groups as Indigenous Australians, same sex couples, the disabled and women in some migrant communities. We recommend that an Australian Bill of Rights incorporate all the main principles of those International Covenants to which we are signatories: the Human, Civil, Political, Social, Economic and Cultural Rights. Furthermore, we favor a statute-based bill such as that of the UK, which retains the legislative power in the Parliament with the addition of stated responsibilities of the citizens. Roles and responsibilities Q. 6. a) What are the roles, rights and responsibilities of religious, spiritual and civil society (including secular) organisations in implementing the commitment to freedom of religion and belief? We consider the role, rights and responsibilities of religious and spiritual societies is to cultivate a community which sees itself as part of the wider Australian community. The members and their leaders should tend to their spiritual needs, offer friendship, comfort in need, social and educational activities and mark the rites of passage of the members. The leaders should encourage tolerance and respect for other belief systems recognizing their right to the same freedoms as themselves. They must also recognize that all belief systems must conduct themselves within the constraints of the law. Civil society must respect the right to freedom of religion and belief. If a belief, system breaks the law in its treatment of its members or plots violence/terrorism it is time for intervention. b) How could these be managed? Complaints could perhaps be handled through a section of the 鱨վ and other existing channels. Q. 8. How well established and comprehensive is the commitment to interfaith understanding and inclusion in Australia at present and where should it go. While we are unable to comment in general on this question, Humanists in Victoria have had personal experience with one interfaith group in the City of Darebin. Victorian Humanists were pleased to welcome a group member (Darebin Councillor) as a HSV public lecturer in 2008. The success of the meeting and the genuine mutual interest that developed that evening resulted in the Darebin Inter faith group inviting HSV representatives to address a meeting on Humanism and Humanist views. We were well received and impressed by the evident success of this particular interfaith group. Based on our favorable experiences, we would strongly recommend other councils be encouraged to set up interfaith groups. Q. 9. How should we understand the changing role and face of religion, nationally and internationally? While membership of the longer established Christian sects has decreased, there has been a rise in newer more fundamentalist groups. Also a rise in numbers in some parts of our cities of the adherents of Islam has represented a challenge especially in the aftermath of 9/11. There has been a backlash against Islam caused by 9/11, and the Bali and London bombings this has been unfortunate for the majority of Islamics who are peace loving law abiding citizens. Unfortunately, Australia experienced the Cronulla race riots. The terrorism or Jihad is part of the rise of a new political Islamic strand. It is part of the international scene. The rise of this fundamentalist political Islamic world has led to a major challenge to the concept of Human Rights at the United Nations Human Rights Council at Geneva where the representative of the International Humanist and Ethical Union and the Islamic delegations have been in conflict over the watering down of the Universal Declaration of Human Rights to accommodate Sharia law. Thus, the Islamic nations have adopted an alternative version of this essential declaration for countries living under Sharia law made possible by the weight of their numbers in the Council and the support of other countries with very poor records on human rights. In March 2008, the duties of the Special Rapporteur on Freedom of Speech were changed to include the policing of the exercise of free speech. The Humanist delegate on protesting was ordered to sit down. Western delegates also failed to act to save the situation. Later in 2008 a ruling was made that no mention of religion or what we in the western world and what the Universal Declaration of Human Rights consider to be human rights abuses sanctioned by religion can be made at the UN Human Rights Council. Humanists consider the rights outlined in the Universal Declaration of Human Rights should be every persons birthright. Sharia law represents a denial of the right to freedom of speech, to choose ones religion, to make any criticism of the Islamic religion and its teachings, especially those on the rights of women and the extremely cruel punishments Islam imposes on offenders. These include the stoning to death of women for adultery. As the Humanist delegate at Geneva has explained Humanists respect freedom of religion but we believe we have the right to criticise these inhuman practices and the right to stand up for people in these countries who are sentenced sometimes to death for criticising these aspects of the Islamic religion. Section 3. Religion and the State practice and expression Q. 1. What are some consequences of the emergence of faith-based services as major government service delivery agencies? One consequence of government funded services being delivered by religious organisations is that these organisations have their profile within the community boosted. This ensures their viability in a society where social survey figures show a steady decline in active involvement and commitment to religion. Q. 2. How should government accommodate the needs of faith groups in addressing issues such as religion and education, faith schools, the building of places of worship, religious holy days, religious symbols and religious dress practices? Comments on religion and education and faith schools A diverse, multi-cultural society like Australia will only remain civil and peaceable if people have adequate opportunities to mix and get to know those with different life beliefs. We consider faith communities should be encouraged to mix as much as possible in the wider community. Tolerance and respect of difference develops in situations like schools, workplaces and leisure activities e.g. sports and other clubs, which have no restrictive faith based dimension to involvement or membership. Based on the above two points, Humanists have always supported government funded, secular good quality education. What religious education is provided in such schools should aim to inform students about the diversity of beliefs in the most objective way possible. We therefore consider government funding of faith-based schools has potentially divisive consequence and should be phased out. Places of worship Humanists consider that places of worship should be entirely funded by faith communities. Furthermore, there should be regulation on the source and amounts of funds that can be supplied for such purposes from overseas kindred faith groups or individuals. Religious holy days Australia inherited the main Christian holy days from Britain. Now with levels of Christian adherence falling and the addition of other faiths into the Australian society, Humanists would welcome an independent review of religious holidays. Religious symbols and dress Humanists would not want to see limitations placed on these, so long as they are freely chosen and do not interfere with work or safety requirement. Section 5: The interface of religious, political and cultural aspirations Q. 1. a) How would you describe the interface between religion and politics and cultural aspirations in contemporary Australia? b) What issues does this include? There have been noticeable changes in the interface between religion and politics and hence cultural aspirations. Over the past 60 years migration from many parts of the world has greatly increased the cultural diversity in Australia. This has resulted in a contemporary culture where the long established ethics of Christianity remain as lingeringly influential, more noticeably on personal matters such as assisted reproductive technology, family planning, abortion, stem cell research, and sexual orientation. In addition expanding faith groups such as Moslems have a distinct public profile that has both significance and relevance for some contemporary issues like terrorism particularly from Islamic extremist groups. Q. 3. How do you perceive gender in faith communities? In the three monotheistic religions men have been accorded a higher status than women. This is expressed by the fact that men are given most leadership and clerical roles, and when women aspire to these positions, they encounter entrenched opposition. Q. 4. Do you believe there is equality of gender in faith communities? Gender equality exists in a minority of faith communities, of the less orthodox kind. In what is known as more orthodox or conservative communities there appears to be no gender equality. Q. 5. What do you think should be the relationship between the right to gender equality and the right to religious freedom in Australia? Humanists consider gender equality to be a fundamental human right that exists from birth. All persons whether regardless of gender should have the same access to the necessities of life such as adequate nutritious food, clean water and air, personal safety and security, education and health services, choice of friends and sexual partners, and properly remunerated forms of employment. Religious freedom is also a human right, but one that needs to be exercised in the light of education and experience, by a mature adult. In this respect it is like political freedom, a choice made, as an adult, after considering the options available. While it is recognised that parents can bring their children up within their own faith community, once children are old enough to decide for themselves, they should not be obliged to remain adherents of their parents faith. If this matter is disputed, it should be possible for the young adult to seek supportive resolution from some human rights tribunal. One tool governments ought to wield is with holding of government funding and official recognition. Q. 6. Citizenship and Australian values have emerged as central issues, how do you balance integration and cultural preservation? Australia has had many generations of migrants. Our state schools have handled these students successfully in the past. Teachers undertook special training in teaching English as a Second Language they came to understand the special problems these young people faced. Interpreters were used to speak to the migrant parents explaining our customs. The children of the post-war migrants fitted in well. Forcing adults to change their language and customs suddenly will not work and wont produce loyal citizens. However they should be provided with adequate support and opportunities to gradually integrate and to learn English. Support should be available for victims of abuse. Education for citizenship should be an enjoyable experience not like the ridiculous test imposed by the previous government. A basic knowledge of our laws and willingness to abide by them is essential Q. 8. Is there a role for religious voices, alongside others in the policy debates of the nation? Yes, among the many representatives advising the government on a wide range of issues, religious voices should be heard. However, governments and other bodies such as Health and Medical Research Council should credit advice from religious bodies with any higher or superior moral perspective, than advice or suggestions from other sources. Section 7: Religion, cultural expression and human rights Q.1. Is there satisfactory freedom of cultural expression and practice within the normative social and legal framework? Overall, yes, though undoubtedly some cultural expressions and practices that some groups may wish to pursue are restricted or inhibited. We have in mind for example, the effect of European colonisation on Indigenous people, their opportunities for free expression and practice of traditional ceremonies have been, if not destroyed, certainly greatly restricted by loss of traditional lands and access to sacred sites. Q. 3. How can the cultural aspirations and human rights of Aboriginal and Torres Strait Islanders communities be met? We fully support the rights of these people to be able to fulfill their cultural aspirations, but make no specific recommendations as to how these can be met. This is because we consider it is for indigenous people to put forward how they want to go about meeting their own cultural aspirations. Q. 4 What are the issues impacting on Aboriginal and Torres Strait Islander communities at present, and proposed solutions? Alienation, health problems and short life expectancy, alcohol, Distrust of education, family violence, sexual abuse of children, drugs, petrol sniffing, etc. And Distrust of white population and government agencies heightened in some instances by 2007 intervention in. Improved health services, medical facilities, counseling, family planning, education, health education etc. Q. 6. How is diverse sexuality perceived within faith communities? Adults of diverse sexuality are welcomed within the Humanist movement, so long as what they do causes no harm to others, and does not involve children or animals. In is our perception that acceptance of diverse sexuality is more restricted in faith communities. Homosexuality in particular evokes very vocal and vigorous opposition often more from conservative clergy than parishioners. For Roman Catholics this condemnation has been distressing and psychologically harmful to many usually young people. Q. 7. Can faith communities be inclusive of people of diverse sexualities? Some can and some cannot, though the proportion of each is difficult to determine. Q. 8. Should religious organisations (including religious schools, hospitals and other services delivery agencies) exclude people from employment because of their sexuality or their sex and gender identity? Definitely not if the sexuality of the employee is not classed as a crime. Q. 9. Do you consider environmental concern to be an influence shaping spiritualities and value systems? Yes, environmental concerns are important in humanist values, like care for the environment, support for biodiversity, sustainable living and the right of all existing species to flourish in the manner of their kind and continue to exist in viable populations. Q. 10. a] Are there religious groups, practices and beliefs that you think are of concern to Australians? b] Should these be subjected to legislative control, and should they be eligible for government grants and assistance? a.] Yes, groups which restrict member access to the wider community, particularly of children, are of concern. By operating in an exclusive and restrictive manner, they invariably cause undue psychological harm to members who desire to adopt a different pathway in life to that of the sect they either have been reared in or have volunteered to join. b.] While we would recommend caution to governments considering legislative control, we would strongly recommend such groups be ruled ineligible for government grants, concessions etc. Such support from governments should be contingent on adherence by the religious group to the requirements of legislation.     PAGE 1 PAGE 6 AUSTRALIAN HUMANISTS COUNCIL OF AUSTRALIAN HUMANIST SOCIETIES INC. A.C.T. Reg. No. A2991 Representing the Humanist Societies of New South Wales, Queensland, South Australia, Victoria and Western Australia . Affiliated with International Humanist and Ethical Union, London Humanists try to lead ethical and responsible lives without relying on the supernatural. 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