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28th Annual International law and Religion Symposium

October 3 - 5, 2021

Introduction

Each year since 1994, BYU Law School has hosted a symposium devoted to the discussion of law and religion. The ICLRS 28th Annual International Law and Religion Studies Symposium consisted of six sessions. Each session focused on the common theme of how to find collaborative solutions to promote freedom of religion or belief. Panelists from countries around the world were invited to each session to discuss the benefits and struggles of collaboration and efforts with religious freedom in their respective countries.

Summary Reports

Session 1

Introduction:

Opening Keynote Session: “Collaborative Approaches to Freedom of Religion or Belief: A Time to Heal”

Panelists:

  • Ronald Rasband, Quorum of the Twelve Apostles of the Church of Jesus Christ of Latter-day Saints
  • Sharon Eubank, Director of Latter-day Saint Charities, First Counselor of the General Relief Society Presidency 
  • Jack Gerard, General Authority Seventy of the Church of Jesus 
  • Christ of Latter-day Saints, Director of Church Communications

Question: What is the message you have come to share with the G20 Interfaith Forum in Italy?

Ronald Rasband’s message is summarized in the Church of Jesus Christ of Latter-day Saints’ 11th Article of Faith, which states all men should have the privilege to “worship how, where, or what they may ''. Since members of the Church of Jesus Christ of Latter-day Saints have a history of persecution as a religious minority, they understand the importance of protecting religious freedom for all. Sharon Eubank discussed how the pandemic shifted public attention to health, but there are other important issues in the world today, such as education, child nutrition, and infant mortality, that demand equal attention. She stated that first turning attention to the grassroots level and making a difference in families and communities influences worldwide policy. Jack Gerard emphasized that a crucial component of interfaith interactions require individuals to put aside differences and find collective agreements. He added that there is no reason for religious polarization, and that putting true religion into practice will allow people to focus on healing.

Session 2

Introduction:

Plenary Round Table: “Challenges and Keys to Successful Collaborations in Promoting Freedom of Religion and Belief” (Monday October 4, 2021)

Panelists:

  • Ambassador Jos Douma, First Netherlands special envoy for Religion and Belief. Former ambassador of the Kingdom of the Netherlands to Georgia, Armenia Iran and Slovenia.
  • Mohamed Elsanousi, Executive Director of the Network for Religious and Traditional Peacemakers 
  • Melissa Rogers, Executive Director of the White House Office of Faith-based and Neighborhood Partnerships
  • Knox Thames, Special advisor for Religious Minorities in the Near East and South Central Asia

This session consisted of discussion between the panelists, specifically on two topics: challenges of collaboration in religious organizations in the speakers’ countries and success stories from collaborative efforts.

Ambassador Douma stated that issues of collaboration primarily come from a misunderstanding between governments because of language barriers and translation issues. The specific connotation of each language sometimes causes the inability to translate correctly. Additionally, he addressed a key challenge involving choice; governments choose collaboration, and they may choose not to. Dr. Elsanousi identified that challenges not only spur from interfaith dialogue, but specifically intrafaith dialogue. Even within the Muslim faith group, there are different sects that live in different ways, and they may struggle to communicate with and understand the different sects. This leads to subdivides within the faith; however, there should be even greater unity and collaboration. Director Rogers explained the necessity of religious literacy to foster respect when governments work with different religious groups There is a general lack of understanding between the government and religious institutions, thus generating challenges in collaboration Rogers suggests overcoming this unfamiliarity by encouraging religious leaders and policy makers to work together to find solutions.Thames emphasized that governments and religious groups meet often, but not enough. To achieve successful collaboration, dialogue is needed alongside action. The session concluded by discussing success stories from around the world, including the collaboration of government and religious groups in Africa to treat the Ebola Virus and the work of Operation Allies Welcome in the United States of welcoming Afghani evacuees.

Session 3

Introduction:

Keynote Discussion: “Working Together to Promote Freedom of Religion or Belief in a Divisive World” (Tuesday, October 5, 2021)

Panelists:

  • Susan Kerr, Senior Adviser on Freedom of Religion or Belief at the Organization for Security and Cooperation in Europe, Office for Democratic Institutions and Human Rights (OSCE/ODIHR)

Susan Kerr began by asserting that cooperation is essential to everyday life and is especially important to partnerships in freedom of religion or belief. She stated that no person or office is an island, and collaboration between organizations will mobilize members of communities to fight for these freedoms. In her work with ODIHR and OSCE, Kerr seeks to reach out to communities, offer legislative support, and advance understanding in communities all over the world. When groups with different core beliefs are working together, she said that groups must first recognize everyone’s humanity and put aside labels. Finding commonalities will allow groups to have mutual respect for each other and make sure that marginalized voices are heard. Kerr finished her thoughts by emphasizing the importance of spreading basic awareness of the right to freedom of religion or belief. Everyone has a role to play and deserves a seat at the table to get involved no matter where they are.

Session 4

Introduction:

Session 4: Africa Regional Session (Monday, October 4th, 2021)

Panelists:

  • Akin Ibidapo-Obe
  • Kofi Quashigah
  • Lee Scharnick-Udemans

The Africa Regional Session involved panelists from different regions of Africa discussing the challenges and successes of religious freedom there. The panelists were asked a list of questions, and then each had the opportunity to respond.

Question 1: What are some of the challenges and/or successes of religious freedom in Africa?

Scharnick-Udemans referenced South Africa and its constitutional security in her answer. While the country may seem secure in protecting religious freedom through their constitution, it is not always guaranteed in practice, and many people remain confused on what protection of religious rights looks like. Quashigan added that analysis of religious freedom in Africa needs to start at a state level by determining what is occurring in each individual state. Most states have a legislative religious freedom in place, yet they seem to be out of practice. Idiapo-Ode concluded this question by responding that religious freedom and human dignity have an inverse relationship. Without one, the other cannot exist. In Africa, the disregard for religious freedom affects human rights, and it needs to be recognized and helped.

Question 2: Who are the major players in collaboration?

All panelists agreed that there are two main collaborators making progress: the government and religious leaders. However, both Idiapo-Obe and Scharnick-Udemans added that individuals in civil society need to take stances to show the government that they recognize issues of religious liberty. There should be attempts to make changes on the social level.

Question 3: What are some examples of positive collaboration and situations to be cautious of to create a better future for religious freedom? 

Idiapo-Obe explained that a good example of positive collaboration is the chain of influence. It should start in local communities then continue on to the region, nation, and further. Quashigan said that dialogues about religious freedom and collaborations should be public and transparent, allowing the entire nation to be involved. Scharnick-Udemans closed with thoughts on the future of religious freedom in Africa. She stated that a problem in the battle for religious freedom is the fight is in the courts as a legal problem, when it should be pushed forward as an issue of social justice. The people need to unite to work with the government for change.

Session 5

Introduction:

Session 5: Asia Regional Breakout Session (Monday, October 4, 2021)

Panelists:

  • Nadine Maenza, Chair, United States Commission on International Religious Freedom
  • Timothy Shah, Senior Fellow, Archbridge Institute; Principal Investigator, Freedom of Religious Institutions Society (FORIS) project
  • Dicky Sofjan, Core Doctoral Faculty in the Indonesian Consortium for Religious Studies (ICRS), based in the Graduate School of Universitas Gadjah Mada (UGM) in Yogyakarta
  • Eugene Yapp, Senior Fellow with the Religious Freedom Institute of the South and South East Asia team (RFI SSEAT)

Questions:

  1. What is the state of religious freedom in different regions of Asia?
  2. What are the positive and negative trends? 
  3. Are there fruitful ways to have public or private collaborations?

Nadine Maenza raised concerns about how the Taliban takeover has influenced the rights of religious minorities in Afghanistan and the surrounding regions. Leaders have been overthrown and the United States and other influential countries must collaborate to help the persecuted minorities. Timothy Shah was not encouraged by the state of religious freedom in Asia. He noted three main threats: Communist China’s techno-totalitarianism, transnational Islamism, and ethnoreligious nationalism. In contrast to these examples, Shah also mentioned the positive example of Indonesia. Indonesia embraces a multi-religious and multinational country that supports religious freedom and can be an example to Asian countries and the rest of the world. Dicky Sofjan acknowledged that despite recent improvements in freedom of religion or belief in Asia, it will still always be an uphill battle with these issues. He explored questions about what religious norms should also be societal norms and stated that increased collaboration between leaders will benefit humans on many different levels. Eugene Yapp listed three pillars to traditional advocacy in Southeast Asia which include non-discrimination, protection of minorities, and surety offree choice and individual rights. These have yielded few meaningful results, so he has begun to advocate for wellbeing and welfare on a more grassroots level.

When asked about a short recommendation list of things they would like to see in the future of religious freedom in Asia, the panelists responded in various ways. Yapp suggested finding creative ways to approach religious freedom issues, and using NGO influence to executive these creative approaches. Shah reemphasized the success of Indonesia, and he encouraged helping to strengthen Muslim groups in the country to create a stronger alliance between humanitarian and pro-religious freedom groups. Sofjan recommended having a robust religious literacy program in place, and building awareness and capacity development for the main political actors. Maenza highlighted the necessity of international organizations giving attention to religious freedom issues, specifically by lending support to legal cases against Burma.

Session 6

Introduction:

Latin America and the Caribbean Regional Session (Tuesday, October 5th)

Panelists:

  • Jose Antonio Calvi, President, Latin American Consortium for Religious Liberty, Legal Counsel, Peruvian Conference of Catholic Bishops
  • Astrid Rios, Vice-President and Executive Director, Family Matters Association
  • Elena Lopez Ruf, Lawyer, Teacher of Legal Philosophy at Catholic University of Argentina, Consultant to the United Nations Development Program in Argentina (UNDP Argentina)

Question: What does religious freedom look like in Latin America and what are the successes and challenges? 

Calvi responded with his insights on religious freedom in Peru. Peru has recently experienced success with legal debates and a new religious freedom law that will have a strong influence on positive change. As for challenges, there are secular groups within Peru who seem to be trying to change the constitution of Peru. If their desired changes were to happen, it would make Peru a secular state that would start to deny religious freedoms to the people. Lopez Ruf added her comments about Columbia. In Columbia, there is a greater need for dialogue and collaboration surrounding public policies.. There are challenges including recent attacks on religious institutions and a national misunderstanding of what secularism truly is. The session concluded with comments on Guatemala from Rios. Guatemala is in a different place than Peru and Columbia, whereas they have made a conscious realization that religious freedom is on the back burner and needs to be a priority in the nation. In the COVID-19 pandemic, the nation realized the importance of religious freedom when they could not express their diverse beliefs. They decided to make an effort to protect that right. Along with religious freedom Guatemala is now discussing how to understand and improve other human rights.

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ATTENDEES


Jane Sandberg

Thomas Nebeker

Soktheavy Phouk

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