Diplomacy and Determination: Five Years of the EU Guidelines on Freedom of Religion or Belief

June 2018 marks five years since the European Union (EU) Foreign Affairs Council adopted Guidelines on the promotion and protection of the right to freedom of religion or belief (FoRB). This anniversary provides an opportune moment to reflect on how the Guidelines are being used and whether they are fulfilling their intended function.

It is encouraging that FoRB has risen so significantly on the EU’s foreign policy agenda since 2013, but there remains substantial room for improvement. In particular, to ensure better implementation of the guidelines emphasis needs to be placed on increasing EU efforts to train officials on FoRB and on monitoring violations in countries worldwide.

Diplomacy works well until it doesn’t

The EU FoRB Guidelines were the result of a complex drafting process involving broad consultation with civil society specialising in this field of human rights including CSW and negotiated compromises between EU member states. They commit the EU to mainstreaming FoRB in its external human rights policy and identify practical steps EU institutions and member states should take to prevent and address FoRB violations in a “timely, consistent and coherent manner.” The text strongly affirms that the EU is “determined” to promote FoRB as a core part of the indivisible human rights landscape and free from alignment with any particular religious or non-religious agenda.

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The European Parliament’s Watchdog on Freedom of Religion or Belief: Bark or Bite?

European Union (EU) policy on the right to freedom of religion or belief (FoRB) has seen several positive developments over the past decade, one of the most significant being the 2013 EU Guidelines on the Promotion and Protection of FoRB.

Achieving consensus on the guidelines was no easy task as the 28 Member States have various models of church-state relations; some even have legislation or internal challenges that constitute obstacles to FoRB and can undermine its human rights message overseas, such as blasphemy laws. However agreement on the guidelines produced a common reference point for Member States and commits the EU to using a variety of tools to protect the victims of FoRB violations worldwide.

The European Parliament (EP) Intergroup on Freedom of Religion or Belief and Religious Tolerance aims to be the watchdog that ensures their implementation.

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A Welcome Surprise: The First EU Special Envoy on Freedom of Religion or Belief Outside the EU

On Friday 6 May, whilst Brussels was enjoying a bank holiday, European Commission president Jean-Claude Juncker announced the appointment of ex-Commissioner Jan Figel as the first EU Special Envoy on Freedom of Religion or Belief (FoRB) outside the EU.

Why has this appointment been made?

This appointment followed a little noticed paragraph in the European Parliament (EP) resolution on the systematic mass murder of religious minorities by the so-called ‘ISIS/Daesh’, which had called in paragraph 10 for such a posting. Calls made in EP resolutions are notoriously under-implemented; even the European External Action Service (EEAS) staff seemed to be taken by surprise by the announcement, which as it concerns FoRB outside the EU, falls under their remit.

The appointment, thus, has left many in Brussels wondering what it will actually mean in practice.  During his speech to the Vatican, President Juncker said that “Freedom of religion or belief is a fundamental right which is part of the foundation of the European Union.” This is consistent with a growing importance being given to FoRB over the past couple of years; the EU Guidelines on this topic emerged in June 2013. In 2015, the European Parliament established an EP Intergroup on Freedom of Religion or Belief and Religious Tolerance and the commission appointed coordinators on anti-Semitism and anti-Islamophobia within the EU.

What is clear is that Jan Figel will act as a special advisor to Neven Mimicia, the European Commissioner for International Development. Whereas other advisors to commissioners have clearly defined mandates on the EC website, the fact that Jan Figel only has a title indicates that he will have some flexibility to shape his work.

Why is it important?

The will to mainstream freedom of religion or belief into the EU’s wider external agenda is a very welcome sign. Given the increasing number of FoRB violations taking place both inside and outside of Europe, there needs to be a push for an increased awareness of the need for FoRB and the way that it benefits communities. Pew’s most recent study on religious hostility worldwide found that 5.5 billion people worldwide live in countries with high or very high overall restrictions on religion. Several of these countries are recipients of EU development aid.

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