Date: 02/02/2014
The concern and care for human rights have been an integral part of the vision, charter and resolutions of the Organization of Islamic Cooperation (OIC) since its inception and birth. In the Charter of the O.I.C. as amended, the Member States express their determination to promote human rights and fundamental freedoms; to safeguard and promote the rights of women and their participation in all spheres of life; to assist Muslim minorities and communities outside the Member States to preserve their dignity, cultural and religious identity. The Member States set as a key part of the objectives of the O.I.C. to reaffirm its support for the rights of peoples as stipulated in the United Nations, UN, Charter and international law; to exert efforts to achieve sustainable and comprehensive human development; to preserve the Islamic teachings and values based on moderation and tolerance and to promote and protect human rights and fundamental freedoms. The OIC Charter stipulated the formation of an Independent Permanent Commission on Human Rights, the IPCHR, as one of its organs for the purpose of promoting the civil, political, social and economic rights enshrined in the organization’s covenants and declarations and in universally agreed human rights instrument and in conformity with Islamic values. In its ten-year strategic action plan, as approved by the Third Extraordinary Session of the Islamic Summit Conference held in Makkah al Mukarramah in December, 2005, the OIC asserted that it has become imperative on the Member States to take joint action to revive the Muslim Ummah’s pioneering role as a fine example of tolerance and enlightened moderation and to condemn extremism in all its forms and manifestations as it contradict Islamic and human values; and to seriously endeavor to enlarge the scope of political participation, ensure equality, civil liberties and social justice and to promote transparency and accountability, and eliminate corruption in the OIC Member States. The Cairo Declaration on Human Rights in Islam embodies the OIC’s most complete statement on human rights in Islam as seen by the Member States. Other documents followed suit. The Covenant on the Rights of the Child in Islam; the OIC Plan of Action for the Advancement of Women and then the Statue of the OIC Independent Permanent Human Rights Commission in 2011 which stipulates that the Commission shall support the Member States’ efforts to consolidate civil, political, economic, social and cultural rights. Since its establishment in 2011, the Commission held three regular meetings and other Extra-ordinary meetings and Working Group meetings. We are now at the opening of its fourth regular meeting. The Commission has done commendable work in the area of Human Rights situation in Palestine and other occupied Arab territories; and on the issue of discrimination and intolerance against Muslims and on the issue of Rohingya Muslims in Myanmar. The Commission also established four working group to address these issues in an effective and sustained fashion: one on Palestine; on the Rights of Women and of the Child; on Islamophobia and Muslims Minorities; and on Right to Development. It also created an Adhoc Working Group to establish a proper framework for interaction between IPHRC and Member States’ accredited National Human Rights Institutions (NHRIs) and civil society organizations. On the issue of Civil, Political, Economic, Social and Cultural rights in OIC Member States the Commission took note of the information provided by Member States on their human rights legislative, institutional and policy frameworks with a view to drawing up a list of best practices and facilitating their exchange between Member States. To use regular thematic statements on international days on relevant human rights related issues as an opportunity to progressively project enlightened and constructive Islamic perspectives thus contributing regularly to the international human rights discourse. Emphasized that poverty was the root causes of most human rights violations, stressed that the right to development was fundamental for the realization of all other rights with the ability of reinforcing the indivisibility and universality of human rights, as well the sustainability of equitable economic growth. So, as we stand on this solid ground of resolutions, statements of principles and actual work of the Commission, what are the challenges facing us as we deliberate human rights with an OIC perspective? One of the main challenges is to find an Islamic discourse that enriches the debate on human rights world wide. On 10 December, 1948 the United Nations adopted the Universal Declaration on Human Rights (UDHR). Major UN human rights instruments include International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention against Torture, Convention on the Rights of the child, Convention on the Elimination of all forms of Discrimination against Women, Convention on the Rights of Persons with Disabilities and Conventions on the Rights of Migrant Workers etc. followed. Most OIC Members are also party to these international instruments and implement their provisions. At the same time, however, many OIC Member States have put reservations on the limit of their obligations under these instruments to the extent of their compliance/conformity to Sharia/Islamic jurisprudence. It may be noted that the present edifice of International Human Rights Law is based on Western values, which are rooted in the horrors of the two World Wars. These values put individual at the centre of the whole human rights debate and promote absolute freedoms for the individual rights in different spheres. In the post cold war era, human rights gained added importance and since 1993-Vienna Declaration and Programme of Action, human rights are considered as one of the three pillars of United Nations system. The OIC takes pride in the fact that Islam was the first religion that laid down universal fundamental rights for humanity, which are to be observed and respected in all circumstances. Most OIC countries have, therefore, willingly adopted and implemented international human rights norms. However, there are a number of issues that go beyond the normal scope of human rights and clash with Islamic teachings. Freedom of ex