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November 5, 2009
UN’s ‘Defamation of Religions’ Resolution Goes Against Free Speech and Human Rights
The UN is poised to consider passing a resolution called “Combating the Defamation of Religions.” Backed by the Organization of the Islamic Conference (OIC), the resolution was first introduced in 1999 as a resolution to combat the “Defamation of Islam.” In 2008, the language of the resolution was expanded to include other religions, including Christianity and Judaism.
Although not binding in its current form, it urges UN member states to adopt laws prohibiting the “defamation of religion.” Such language is murky, since “defamation” could range from something as heinous of the firebombing of a religious structure to simply satirizing a religious figure or practice. Considering the fact that the effort gained traction in the General Assembly since the now-infamous Mohammed cartoon debacle in Denmark, one might wonder exactly how seriously different nations – and religions – would take the resolution.
Even more disturbing is the idea that there is a movement outside of the General Assembly, at the UN Human Rights Council in Geneva, which would incorporate similar measures against the “defamation of religions” into international treaties, which would then grant legal force to the resolution as a part of international law.
This is not only a violation of the tenets of free speech, but also a potential breach of sovereignty.
The Center for Inquiry, a secularist think tank and NGO, has delivered a statement which strongly opposes this resolution, which is expected to be considered by the UN’s Third Committee in the coming days.
"This misguided resolution would turn human rights law on its head. International law protects individuals, not systems of religious belief," said Derek C. Araujo, general counsel and representative to the United Nations for the Center for Inquiry. "Existing laws and norms already protect religious people as individuals from discrimination and abuse. This resolution serves the interests of those who would violate freedom of belief by stifling religious dissent and criticism."
Araujo says that the resolution would give cover to countries that silence, intimidate, or punish human rights activists, religious minorities, and nonbelievers. "This is a direct threat to the guarantees of freedom of speech and belief found in the Universal Declaration of Human Rights," added Araujo.
CFI's statement to the UN Third Committee maintains that "it is possible to protect individual religious believers from discrimination without shielding religious belief systems from criticism, and without threatening the rights of religious dissidents, religious minorities, and nonbelievers."
In the interest of achieving this, the Center for Inquiry statement contains the following recommendations:
*Rather than hewing to the misguided and problematic idea of preventing "defamation of religions," draw on the legal concept of "incitement to national, racial and religious hatred, hostility or violence," which is grounded in existing international legal instruments.
*Ensure that any protection of religious believers against incitement must equally protect nonbelievers, who may be the targets of hateful expression on the basis of their disbelief or dissenting belief.
*Stipulate that protections against incitement must not restrict proselytizing, discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse.
CFI's full statement can be read here.
Brought to you by the editors and research staff of FamilySecurityMatters.org.
Reader Comments: Submit Your Comment (1)
Quotes from ICERD & ICCPR are included in the boilerplate suggested in the Ad Hoc Cmte.'s
Non-Paper Paper and various member submissions.
Unfortunately that concept is problematic because of the semantic games Muslims play.
ICCPR 20(2): Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Islam plays "heads we win. tails you lose". Remember what Ban Ki-moon said about Fitna?
We must turn Islam's favorite weapon against it. The International Qur'an Petition was created for this purpose. You can find a link to it in my most recent blog post: "Defamation || Negative Stereotyping"
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