-- the OIC, the UN and Apostaphobia
By Elizabeth Kendal
The following post adapts and expands upon an address I presented at Christian Faith & Freedom's July 2011 "Free to Believe" conference in Canberra, Australia.
Thesis: While it has been hailed in the West as a victory for free speech, the Organisation of the Islamic Conference's (OIC's) new Resolution 16/18, "Combating intolerance . . .", is even more dangerous than resolution 2005/3, "Combating Defamation of Religion". Far from being an OIC back-down or a breakthrough for liberty, the change in focus from defamation to incitement is not only totally consistent with OIC strategy since early 2009, but it actually advances the OIC's primary goal: the criminalisation of criticism of Islam.
NOTE: on 28 June 2011, the Organisation of the Islamic Conference changed its name to the Organisation of Islamic Cooperation.
2,858 words
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THE HISTORY OF A RESOLUTION
On 12 April 2005, United Nations Human Rights Commission (UNHRC), meeting for its 61st session in Geneva, passed HR Resolution 2005/3, "Combating Defamation of Religions": 31 for, 16 against and 5 abstentions.
The resolution was presented by Pakistan on behalf of the Organisation of the Islamic Conference (OIC) under Agenda Item 6 pertaining to "racism, racial discrimination, xenophobia and all forms of discrimination".
Islam on-line (IOL) reported it this way: "The United Nations Commission on Human Rights adopted on Tuesday, April 12, a resolution calling for combating defamation campaigns against Islam and Muslims in the West." ("UN calls for Combating Anti-Islam Campaigns", islamonline.net 12 April 2005)
The passing of the resolution heralded a fundamental shift in international Human Rights. Religion (specifically Islam) was to be awarded rights normally reserved for human beings.
Resolution 2005/3 expressed alarm at post-9/11 discrimination of Muslims in non-Muslim countries and noted with concern that "defamation of religions is among the causes of social disharmony and leads to violations of human rights". The resolution noted with deep concern that Islam and Muslims were coming under attack in human rights forums and that Muslim minorities were increasingly the victims of stereotyping and profiling.
It expressed "deep concern that Islam is frequently and wrongly associated with human rights abuses, violence and terrorism", while labelling organisation that defame Islam as "extremist". States were urged to "take all possible measures to promote respect for all religions and their value systems". (emphasis mine)
Finally, the resolution "Requests the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to continue to examine the situation of Muslims and Arab peoples in various parts of the world . . . and to report on his findings to the Commission at its sixty-second session [April 2006], and to make recommendations to improve their situation . . ."
The language had been carefully chosen, for "defamation", as it is normally defined, is "communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person." (Merriam-Webster's Dictionary of Law)
From the very outset, the OIC's agenda was to have criticism of Islam deemed defamatory so that it might be criminalised.
Once the resolution was passed, the OIC had a 12 month window -- from April 2005 to April 2006 (next sitting) -- in which to ensure that the Special Rapporteur would reach the conclusion sought by the OIC: that "defamation" of Islam needed to be banned.
CARTOON INTIFADA
Sept 2005: Jyllands Posten publishes Muhammad cartoons (competition). NOTE: no riots.
October 2005: Muhammad cartoons reprinted in Cairo during Ramadan. NOTE: no riots.
Dec 2005: OIC Summit, Dakar, Senegal.
OIC formulates its 10 Year Plan which includes a 4-point item entitled "Combating Islamophobia".
Item VII. Combating Islamophobia
1. Emphasize the responsibility of the international community, including all governments, to ensure respect for all religions and combat their defamation.
2. Affirm the need to counter Islamophobia, through the establishment of an observatory at the OIC General Secretariat to monitor all forms of Islamophobia, issue an annual report thereon, and ensure cooperation with the relevant Governmental and Non-Governmental Organizations (NGOs) in order to counter Islamophobia.
3. Endeavor to have the United Nations adopt an international resolution to counter Islamophobia, and call upon all States to enact laws to counter it, including deterrent punishments.
4. Initiate a structured and sustained dialogue in order to project the true values of Islam and empower Muslim countries to help in the war against extremism and terrorism.
As soon as the Dec 05 Dakar Summit concluded, the Arab League got to work. The result: the Cartoon Intifada of February-March 2006 which left a trail of death and destruction from the Levant through South Asia and Africa; with large and disturbing street protests in numerous major cities, particularly London.
DELAY
In March 2006, the UN General Assembly voted to replace the thoroughly discredited UN HR Commission with a smaller and supposedly improved UN HR Council. Actually the new UNHRC has all the same problems as the old UNHRC. While the progress of Resolution 2005/3, Combating Defamation of Religion, was delayed for a year, it mattered not, for through the Cartoon Intifada the OIC had established a precedent: "defamation" of Islam leads to death and destruction.
In March 2007, the UN HR Council passed Resolution 2005/3, Combating Defamation of Religion: 24 for, 14 against, 9 abstentions.
See: UN Human Rights Council: Protecting Religion
By Elizabeth Kendal for WEA RLC, 12 April 2007
Subsequently, the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène (a Senegalese Muslim), presented his report on 21 August 2007.
According to Special Rapporteur Doudou Diène, "defamation" of Islam arises out of "baseless Islamophobia" which expresses itself as "hatred of Muslims" which in turn gives rise to "extremism". His conclusion: those who "defame" Islam must be held accountable for Islamic extremism.
However, according to Diène, anti-Semitism is not religious or racial but political and Israel's fault. Likewise, he claimed, the Christianophobia that is evident in "South America, Africa and Asia" (NOTE: the Middle East was not on his list) is caused by the aggressive and unethical proselytising of evangelical Christians. Diène charged that Christians had "exploited freedom of expression" to defame religions, including Voodoo and other traditional faiths. He claimed that by defaming Hinduism, Christians had created the environment that favoured the emergence of militant Hindutva. Thus unlike Islamophobia, anti-Semitism and Christianaphobia were not baseless, but were valid responses from threatened peoples.
The Special Rapporteur concluded with this recommendation: "In the light of the polarised and confrontational readings of these articles ["international instruments, and in particular articles 18, 19 and 20 of the International Covenant on Civil and Political Rights" (ICCPR)] the UNHRC should "promote a more profound reflection on their interpretation". Diène recommended that the UNHRC "consider the possibility of adopting complementary standards on the interrelations between freedom of expression, freedom of religion and non-discrimination, and in particular by drafting a general comment on article 20".
Article 20 of the ICCPR states:
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. (emphasis mine)
I commented at the time, that any effort to include "defamation" of religion (especially when defamation is essentially nothing more than criticism) in the same category as "incitement" would serve totalitarian forces from Afghanistan to Zimbabwe that seek to make religious liberty an issue not of fundamental, universal human rights, but an issue of harmony, social cohesion and national security.
Furthermore I proposed that the very heart of the issue was not "defamation" of Islam or "baseless" Islamophobia, but the fact that the dictators of Islam are now as ever consumed with and driven by "apostaphobia". This touched such a raw nerve with the dictators of Islam that it won a citation in the OIC's 1st Observatory of Islamophobia.
I proposed that apostaphobia be defined as a well-founded fear of loss of authority through loss of adherents, which manifests primarily as uncompromising repression and denial of fundamental liberties, by violent and subversive means.
I also proposed that the UNHRC add apostaphobia to its vocabulary, and confront apostaphobia by upholding the international human rights covenants that protect the fundamental, universal right of individuals to religious liberty, not seek to reinterpret and amend those covenants to protect religions and apostaphobic religious dictators from the threat posed to them by religious liberty.
See: UNHRC: Watershed Days
By Elizabeth Kendal for WEA RLC, 18 September 2007
The fact is: on account of the new openness available through satellite, internet and mobile phone technologies, disillusioned Muslims are rejecting and leaving Islam in unprecedented numbers. Consequently, the apostaphobia of the dictators of Islam is rising.
See: Religious Liberty Trends 2007-2008 (Apostasy & Apostaphobia)
By Elizabeth Kendal for WEA RLC, 15 Feb 2008
Apostasy, and the baptism of Madgi Allam
By Elizabeth Kendal for WEA RLC, 4 April 2008
[NOTE: in June 2011, World Council of Churches, the Pontifical Council for Interreligious Dialogue and the World Evangelical Alliance appeased the apostaphobic dictators of religion and advanced their cause by publishing complementary standards for Christian witness.]
UN GA
In December 2007, the UN General Assembly passed Resolution 2005/3, Combating Defamation of Religion: 108 for, 51 against, with 25 abstentions. (NOTE: 10 Year Plan, Item VII, point 3 part (a) -- achieved!)
In March 2008, the OIC presented its 1st Observatory Report of Islamophobia to the OIC’s 11th session in Dakar. The report, which drew heavily on the UN Special Rapporteur's August 2007 report, proposed that the world's view of Islam be corrected and that "deterrent punishments" for "defamation" be established. (NOTE: as per 10 Year Plan, Item VII, point 3 part (b))
The Observatory Report of Islamophobia asserted that, in order to have peace, the correct (i.e. OIC-approved) version of history and of Islam must be understood, promoted and accepted; clearly anything else is "baseless" Islamophobia or inciteful "defamation" of Islam, responsible for the violent, destructive and retaliatory (as distinct from immature, irrational and criminal) Muslim-rioting in the world today. It also claimed that Islamophobia exists in part because there is no legal instrument to combat it, therefore a "binding legal instrument" must be created "to fight the menace of Islamophobia".
See: OIC: Eliminating "defamation" of Islam.
By Elizabeth Kendal for WEA RLC, 25 March 2008
TURNING POINT
Support for Resolution 2005/3, Combating Defamation of Religion, declined during 2008 as the free world started to realise the degree to which freedom was being threatened.
March 2008. Resolution 2005/3 passes in the UNHRC: 21 for (down from 24 in 2007); 10 opposed; 14 abstain.
November 2008. Resolution 2005/3 passes in the UN GA: 85 states for (down from 108 in 2007), 50 opposed; 42 abstentions.
But then, failing to read the signs, the OIC started arrogantly overplaying its hand. In November 2008, at the UN GA 63rd session, several OIC members asserted that Islamophobia is a "new form of racism" that is "incited" by "defamation of religion" which is a "misuse" of the right to freedom of speech.
See: The OIC & the UN: Islamophobia and "defamation of religion"
By Elizabeth Kendal for WEA RLC, 14 Nov 2008
Then, at the UN World Conference against Racism (Durban II) in April 2009, the OIC launched its new strategy to have defamation recast as incitement as per the ICCPR Article 20.2: "Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law."
The OIC maintained that Islamophobia -- "a new form of racism" -- must be eliminated in order to preserve peace and prevent a Muslim "holocaust".
See: The OIC & the UN: defamation of religions as incitement
By Elizabeth Kendal for WEA RLC, 21 Nov 2008
April 2010. Resolution 2005/3, Combating Defamation of Religion, passes in the UNHRC, but by the slimmest margin in the history of the resolution: 20 for; 17 opposed; 6 abstentions. The abstainers were becoming opposers.
GAME'S UP !
-- NEW STRATEGY ESSENTIAL
In March 2011, after discussions with the US held in wake of the blasphemy assassinations of the governor of Punjab, Salmaan Taseer, and Minorities MP, Shabbaz Bhatti , Pakistan presented the UNHRC with a new resolution.
24 March 2011. The UNHRC passes HR Resolution 16/18: "Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence, and violence against persons based on religion or belief."
The resolution was presented by Pakistan for OIC under Agenda item 9 pertaining to racism, racial discrimination, xenophobia and related form of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action.
The resolution was immediately hailed as a "huge achievement" -- a breakthrough for human rights.
Excerpts: UNHRC Resolution 16/18 (emphasis mine)
The Human Rights Council,
(1) Expresses deep concern at the continued serious instances of derogatory stereotyping, negative profiling and stigmatization of persons based on their religion or beliefs, as well as programmes and agendas pursued by extremist organizations and groups aimed at creating and perpetuating negative stereotypes about religious groups . . .
(3) Condemns any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence [NOTE: exact wording of ICCPR Article 20.2], whether it involves the use of print, audio-visual of electronic media or any other means . . .
(5) . . . call[s] on States to take the following actions to foster a domestic environment of religious tolerance, peace and respect, by:
(e) Speaking out against intolerance, including advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence [NOTE: exact wording of ICCPR Article 20.2];
(g) Understanding the need to combat denigration and negative religious stereotyping of persons, as well as incitement to religious hatred . . .
(6) Calls upon all States:
(d) To make a strong effort to counter religious profiling, which is understood to be the invidious use of religion as a criterion in conducting questionings, searches and other law enforcement investigative procedures;
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Presumably this resolution would permit a critic to assert that "fundamentalist Islam is inherently violent", while making it unacceptable for an employer or security officer to suggest than an Islamic fundamentalist should not be employed at this school or that airport, or that they should be watched or investigated or searched -- for that would be negative profiling based on religion.
Meanwhile, though the language of "defamation" has been eradicated, a critical / offensive comment such as "fundamentalist Islam is inherently violent", would doubtless be viewed as incitement. In fact anything that could have been deemed "defamation" under Resolution 2005/3 will doubtless be deemed incitement under Resolution 16/18.
This shift in focus from "defamation" to incitement -- something the OIC has been pursuing since April 2009 -- is hugely significant as the ICCPR specifically mandates that incitement to discrimination, hostility or violence be prohibited by law (ICCPR Article 20.2).
DIALOGUE BEGINS
In line with Item VII, point 4 of the OIC's 10 year plan, Article 9 of Resolution 16/18 "Calls for strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religions and beliefs . . ."
The first meeting pursuant of Resolution 16/18 took place in Istanbul on 15 July 2011 and was co-chaired by OIC Secretary-General Ekmeleddin Ihsanoglu and US Secretary of State Hillary Clinton.
"The test would lie in the implementation", said Ihsanoglu, adding that there was a delicate balance between freedom of expression and incendiary speech. "We continue to be particularly disturbed by attitudes of certain individuals or groups exploiting the freedom of expression to incite hatred by demonizing purposefully the religions and their followers."
See: OIC, West pledge to combat intolerance
Arab News, 16 July 2011
ArabNews reports: "Speaking of the United States, Clinton said: 'We have seen in the United States how the incendiary actions of just a very few people can create wide ripples of intolerance, so we are focused on promoting interfaith education and collaboration, enforcing anti-discrimination laws, protecting the rights of all people to worship as they choose, and to use some old-fashioned techniques of peer pressure and shaming so that people don't feel that they have the support to do what we abhor.'"
The next meeting to discuss the implementation of Resolution 16/18 will held in Washington in the coming months.
The International Islamic News Agency (IINA) reports (1 Aug): "According to informed sources in the Organization of Islamic Cooperation, the two sides, in addition to other European parties, will hold a number of specialized meetings of experts in law and religion in order to finalize the legal aspect on how to better implement the UN resolution.
"The sources said that the upcoming meetings aim at developing a legal basis for the UN Human Rights Council's resolution which help in enacting domestic laws for the countries involved in the issue, as well as formulating international laws preventing inciting hatred resulting from the continued defamation of religions."
IINA quoted OIC Secretary General Ekmeleddin Ihsanoglu being quick to exploit Anders Behring Breivik's 22 July 2011 Oslo massacre, a tragedy Ihsanoglu cited as evidence of the danger posed by institutionalised Islamophobia. ("OIC/ Islamophobia: OIC Observatory warned wince 2009 against the growth of the extreme right in Europe, Washington plans to host a meeting on resolution opposing defamation of religions." IINA, 1 Aug 2011. NOTE: article has been removed.))
And so, while it is being hailed in the West as a victory for free speech, Resolution 16/18, "Combating intolerance . . .", is even more dangerous than resolution 2005/3, "Combating Defamation of Religion". It is in no way an OIC back-down or a breakthrough for liberty. Rather, the change in focus from defamation to incitement is not only totally consistent with OIC strategy since early 2009, but it actually advances the OIC's primary goal: the criminalisation of criticism of Islam.
Showing posts with label incitement. Show all posts
Showing posts with label incitement. Show all posts
Sunday, August 21, 2011
Friday, November 21, 2008
The OIC & the UN: defamation of religions as incitement
Date: Friday 21 November 2008
Subj: The OIC & the UN: defamation of religions as incitement
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
This posting follows on from last week's posting entitled:
"The OIC & the UN: Islamophobia and 'defamation of religion'" (15 Nov 2008).
The 15 November posting centred around the "Draft Outcome Document for the Durban Review Conference 2009" which had just been penned at the Second Preparatory Session held in Geneva 6-17 October. The Durban Review Conference (also known as Durban II) is due to be held in Geneva in April 2009. It is clear from the draft outcome document that a major focus of Durban II will be a "new form of racism" -- Islamophobia -- which is allegedly incited through "defamation of religion". At Durban II it will be proposed that covenants be amended and legal instruments created to ban defamation of Islam (i.e. incitement to Islamophobia) in order to preserve peace and prevent a Muslim "holocaust".
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RESOURCES AND ANALYSIS
In June 2008, at the invitation of the Office of the High Commissioner of Human Rights (OHCHR), the European Centre for Law and Justice (ECLJ) submitted an analysis of the concept of "Defamation of Religions" as it is being introduced by the Organisation of Islamic Conference (OIC) to the UN Human Rights Council (UNHRC) and General Assembly.
The paper is available on-line and is essential reading for anyone seeking a clearer understanding of the implications of the resolution "Combating Defamation of Religions".
"Combating Defamation of Religions"
Submission to the UN Office of the High Commissioner of Human Rights.
European Centre for Law and Justice (ECLJ). 2 June 2008
Another excellent analysis comes from the Becket Fund for Religious Liberty. They have issued an "Issues Brief" on "Defamation of Religions", the updated 27 May 2008
The Becket Fund for Religious Liberty regards the defamation of religions concept as "fundamentally inconsistent with the principles outlined in the United Nation's founding and legal documents" as "it violates the very foundations of the human rights tradition by protecting ideas rather than the individuals who hold ideas".
The Becket Fund notes that anti-defamation measures would "force the state to determine which religious viewpoints may be expressed".
"'Defamation of religions' measures . . . are used to protect a set of beliefs, ideas, and philosophies. Yet religions make conflicting truth claims and indeed the diversity of truth claims is exactly what religious freedom as a concept is designed to protect." It adds: "There is no basis in international or regulatory law for the concept of protection of religious ideas."
The ECLJ position is clear from its opening paragraphs: "The position of the ECLJ in regards to the issue of 'defamation of religion' resolutions, as they have been introduced at the UN Human Rights Council and General Assembly, is that they are in direct violation of international law concerning the rights to freedom of religion and expression. The 'defamation of religion' resolutions establish as the primary focus and concern the protection of ideas and religions generally, rather than protecting the rights of individuals to practise their religion, which is the chief purpose of international religious freedom law . . ."
"SWORD AND SHIELD"
Because the resolutions on combating defamation of religions are sponsored by the OIC, the ECLJ examines freedom of religion and freedom of expression in OIC states to properly understand the OIC's philosophy regarding this concept they are advancing. The ECLJ concludes: "The clever thrust of the OIC position uses the concepts of 'defamation of religion' and blasphemy as both sword and shield." In the West it is used as a sword against the media, academics and all critics of Islam, while in Muslim countries "blasphemy laws are used as a shield to protect the dominant religion (Islam) . . . silence minority religious believers and prevent Muslims from converting to other faiths, which is still a capital crime in many Muslim countries".
The ECLJ recommended that the OHCHR and the UN uphold Article 18 of the Universal Declaration of Human Rights (Link 1) and Articles 19 and 20 of the International Covenant on Civil and Political Rights (Link 2). (Those articles are copied at the end of this posting for your convenience).
FOCUS SHIFTING FROM "DEFAMATION" TO INCITEMENT
Concerning the right to freedom of expression -- which is outlined in ICCPR Article 19 -- ICCPR Article 20 part 2 makes the following provision: "Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law."
The ECLJ notes that Article 20 of ICCPR is "at the heart of the debate involving the legal justification of the 'defamation of religions' resolutions". The ECLJ quotes UN Special Rapporteur for Freedom of Religion or Belief, Asma Jahangir: "The threshold of the acts that are referred to in article 20 is relatively high because they have to constitute advocacy of national, racial or religious hatred. Accordingly, the Special Rapporteur is of the opinion that expressions should only be prohibited under article 20 if they constitute incitement to imminent acts of violence or discrimination against a specific individual or group."
This is exactly what the OIC is addressing as it seeks now to shift the focus from "defamation of religions" to "incitement" of dangerous Islamophobia.
Consider these words from Mr Githu Muigai's first address to the UN General Assembly as Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (3 November 2008, Geneva):
"In the ninth session of the Human Rights Council, I presented my predecessor's [Mr Doudou Diene's] report on 'Combating Defamation of Religion'. The report highlights key issues, including reflecting the state of some forms of religious discrimination including Islamophobia, Anti-Semitism and Christianophobia. The report also makes a central recommendation to Member States, particularly in the context of the Durban Review Process: to move from the concept of 'defamation of religions' to the notion of 'incitement to racial and religious hatred'. In this regard, I was glad to be informed that there seems to be an emerging trend among most Member States in agreeing to this idea, which would help ground the debate on concrete human rights principles and norms." (Link 3)
If the OIC can re-shape the "defamation of religions" issue into one of "incitement" and "public order" -- don't forget, they have already succeeded in making it a human rights issue by re-moulding it as an issue of racism -- then those who seek provisions to protect freedom of expression through Articles 19 and 20 of the ICCPR will find that they no longer have a case. In fact, if "defamation of religions" is made an issue of incitement to religious hatred, violence or "holocaust", then according to Article of ICCPR that incitement/defamation should be prohibited by law.
CONFLICT AS A RESULT OF "PRE-OCCUPATION WITH DIFFERENCE"
Meanwhile, yet another interfaith or inter-cultural initiative has come and gone. The Saudi-sponsored, UN-run "Culture of Peace" conference -- a follow-up from the Saudi-sponsored Madrid conference -- was held in the UN Headquarters in New York 12-13 November.
The President of the UN General Assembly, Miguel d'Escoto Brockmann (a Nicaraguan Catholic priest and ex-Sandinista advisor to and foreign minister under Daniel Ortega) opened the peace conference with these provocative words: "Our world is experiencing an extremely difficult period, the worst since the founding of the United Nations. It is a time of numerous bankruptcies, but the worst is the moral bankruptcy of humankind's self-proclaimed 'more advanced societies', which has spread throughout the world." (Link 4)
Saudi Arabia's King Abdullah lamented that throughout history conflicts have resulted from mankind's pre-occupation with differences. While King Abdullah's analysis of history is debatable his implication is clear: if we want to live in peace we should refrain from being pre-occupied with our differences. (Links 4 and 5)
Felice Gaer, chairwoman of the US Commission on International Religious Freedom commented that she'd have liked to see the conference held in Saudi Arabia. "The fact that it isn't speaks volumes," she said adding that Saudi Arabia's entrenched and systematic religious discrimination would make the conditions of entrance into the country intolerable for non-Muslim religious leaders.
Reporting on the Saudi-sponsored "Culture of Peace" conference for FOX News, Jennifer Lawinski writes: "Commission chairwoman Gaer thinks it's more than a public relations move for the Saudi government, it's a cooperative effort between Muslim nations to reinforce the defamation of religion resolution they're sponsoring before the General Assembly this fall.
"The resolution, introduced by Pakistan to the UN Human Rights Council in 1999 has been taken up by the General Assembly and passed every year since 2005.
"The non-binding Resolution 62/145 adopted in 2007 says it 'notes with deep concern the intensification of the campaign of defamation of religions and the ethnic and religious profiling of Muslim minorities in the aftermath of 11 September 2001.'
"It 'stresses the need to effectively combat defamation of all religions and incitement to religious hatred, against Islam and Muslims in particular.'
"Gaer said the Saudi-sponsored inter-faith meeting in Madrid, like the UN resolution, was part of an attempt to legitimise sharia law by making attendees sign a declaration that said the participants would encourage 'respecting heavenly religions, preserving their high status, condemning any insult to their symbols'.
"'This was a Madrid declaration calling for or affirming the idea of the global blasphemy law in slightly moderated language,' she said. 'This would give them the freedom to declare anything from cartoons to incitement to a whole range of things to be defamation.'
"Twenty-two members of the Council of the League of Arab States adopted the declaration and asked the UN and UNESCO to do so as well.
"The defamation of religions resolution has been criticised for acting as a shield for countries that persecute any insult to Islam and intimidate Western nations that may attempt to criticise them.
"'The problem is that this particular conference will legitimise the Saudis as somehow the leaders [of the anti-religious defamation movement] when they are the promoters of a particularly intolerant form of their own religions practice,' Gaer said. 'It will promote this idea of defamation which puts severe restrictions on freedom of expression and turns the whole concept of human rights on its head.'" (Link 6)
------------------------
The Culture of Peace conference's unanimously approved resolution "Recognises the commitment of all religions to peace" (Link 7). The problems caused by some believing that "peace" is achieve through the elimination of dissent and difference, or through enforced submission, conformity or bland uniformity was not addressed. Rather, leaders were repeatedly encouraged to accept the myth that while creeds may vary considerably, faith leads us to common (presumably noble) values.
The reality is however, that our diverse creeds and faiths give rise to diverse, sometimes conflicting values. The question remains: what should be protected -- state-proscribed creeds or the fundamental rights of human beings?
The OIC will seek to legitimise the defamation of religions issue by re-casting it (using the language of the ICCPR) as an issue of incitement to religious discrimination, hatred and violence, which poses a serious threat to public order, national security and human rights.
Links
1) UDHR http://www.unhchr.ch/udhr/lang/eng.htm
2) ICCPR http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
3) Statement by Githu Muigai
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
63 rd session of the General Assembly, Third Committee, Item 62(a)
3 Nov 2008, New York
http://www2.ohchr.org/english/issues/racism/rapporteur/docs/SpeechGA63.doc.doc
4) UN conference on culture of peace kicks off
Xinhua, 13 Nov 2008
http://news.xinhuanet.com/english/2008-11/13/content_10349467.htm
5) King Abdullah address at the UN Peace through Dialogue meeting
Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz address to the High Level Meeting of the United Nations General Assembly on Peace Through Dialogue, New York, November 12, 2008
http://www.saudiembassy.net/2008News/Statements/SpeechDetail.asp?cIndex=732
6) Critics Say U.N. 'Culture of Peace' Meeting Hides Culture of Oppression
By Jennifer Lawinski for FOX News, 6 November 2008
http://www.foxnews.com/story/0,2933,448104,00.html
7) Culture of Peace Resolution.
United Nations General Assembly A/63/L.24/Rev.1 11 November 2008 Culture of Peace. 14 Nov 2008
http://www.saudiembassy.net/2008News/Statements/StateDetail.asp?cIndex=733
UDHR Article 18:
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
ICCPR Article 19:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
ICCPR Article 20:
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Subj: The OIC & the UN: defamation of religions as incitement
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
This posting follows on from last week's posting entitled:
"The OIC & the UN: Islamophobia and 'defamation of religion'" (15 Nov 2008).
The 15 November posting centred around the "Draft Outcome Document for the Durban Review Conference 2009" which had just been penned at the Second Preparatory Session held in Geneva 6-17 October. The Durban Review Conference (also known as Durban II) is due to be held in Geneva in April 2009. It is clear from the draft outcome document that a major focus of Durban II will be a "new form of racism" -- Islamophobia -- which is allegedly incited through "defamation of religion". At Durban II it will be proposed that covenants be amended and legal instruments created to ban defamation of Islam (i.e. incitement to Islamophobia) in order to preserve peace and prevent a Muslim "holocaust".
-----------------------------------------
RESOURCES AND ANALYSIS
In June 2008, at the invitation of the Office of the High Commissioner of Human Rights (OHCHR), the European Centre for Law and Justice (ECLJ) submitted an analysis of the concept of "Defamation of Religions" as it is being introduced by the Organisation of Islamic Conference (OIC) to the UN Human Rights Council (UNHRC) and General Assembly.
The paper is available on-line and is essential reading for anyone seeking a clearer understanding of the implications of the resolution "Combating Defamation of Religions".
"Combating Defamation of Religions"
Submission to the UN Office of the High Commissioner of Human Rights.
European Centre for Law and Justice (ECLJ). 2 June 2008
Another excellent analysis comes from the Becket Fund for Religious Liberty. They have issued an "Issues Brief" on "Defamation of Religions", the updated 27 May 2008
The Becket Fund for Religious Liberty regards the defamation of religions concept as "fundamentally inconsistent with the principles outlined in the United Nation's founding and legal documents" as "it violates the very foundations of the human rights tradition by protecting ideas rather than the individuals who hold ideas".
The Becket Fund notes that anti-defamation measures would "force the state to determine which religious viewpoints may be expressed".
"'Defamation of religions' measures . . . are used to protect a set of beliefs, ideas, and philosophies. Yet religions make conflicting truth claims and indeed the diversity of truth claims is exactly what religious freedom as a concept is designed to protect." It adds: "There is no basis in international or regulatory law for the concept of protection of religious ideas."
The ECLJ position is clear from its opening paragraphs: "The position of the ECLJ in regards to the issue of 'defamation of religion' resolutions, as they have been introduced at the UN Human Rights Council and General Assembly, is that they are in direct violation of international law concerning the rights to freedom of religion and expression. The 'defamation of religion' resolutions establish as the primary focus and concern the protection of ideas and religions generally, rather than protecting the rights of individuals to practise their religion, which is the chief purpose of international religious freedom law . . ."
"SWORD AND SHIELD"
Because the resolutions on combating defamation of religions are sponsored by the OIC, the ECLJ examines freedom of religion and freedom of expression in OIC states to properly understand the OIC's philosophy regarding this concept they are advancing. The ECLJ concludes: "The clever thrust of the OIC position uses the concepts of 'defamation of religion' and blasphemy as both sword and shield." In the West it is used as a sword against the media, academics and all critics of Islam, while in Muslim countries "blasphemy laws are used as a shield to protect the dominant religion (Islam) . . . silence minority religious believers and prevent Muslims from converting to other faiths, which is still a capital crime in many Muslim countries".
The ECLJ recommended that the OHCHR and the UN uphold Article 18 of the Universal Declaration of Human Rights (Link 1) and Articles 19 and 20 of the International Covenant on Civil and Political Rights (Link 2). (Those articles are copied at the end of this posting for your convenience).
FOCUS SHIFTING FROM "DEFAMATION" TO INCITEMENT
Concerning the right to freedom of expression -- which is outlined in ICCPR Article 19 -- ICCPR Article 20 part 2 makes the following provision: "Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law."
The ECLJ notes that Article 20 of ICCPR is "at the heart of the debate involving the legal justification of the 'defamation of religions' resolutions". The ECLJ quotes UN Special Rapporteur for Freedom of Religion or Belief, Asma Jahangir: "The threshold of the acts that are referred to in article 20 is relatively high because they have to constitute advocacy of national, racial or religious hatred. Accordingly, the Special Rapporteur is of the opinion that expressions should only be prohibited under article 20 if they constitute incitement to imminent acts of violence or discrimination against a specific individual or group."
This is exactly what the OIC is addressing as it seeks now to shift the focus from "defamation of religions" to "incitement" of dangerous Islamophobia.
Consider these words from Mr Githu Muigai's first address to the UN General Assembly as Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (3 November 2008, Geneva):
"In the ninth session of the Human Rights Council, I presented my predecessor's [Mr Doudou Diene's] report on 'Combating Defamation of Religion'. The report highlights key issues, including reflecting the state of some forms of religious discrimination including Islamophobia, Anti-Semitism and Christianophobia. The report also makes a central recommendation to Member States, particularly in the context of the Durban Review Process: to move from the concept of 'defamation of religions' to the notion of 'incitement to racial and religious hatred'. In this regard, I was glad to be informed that there seems to be an emerging trend among most Member States in agreeing to this idea, which would help ground the debate on concrete human rights principles and norms." (Link 3)
If the OIC can re-shape the "defamation of religions" issue into one of "incitement" and "public order" -- don't forget, they have already succeeded in making it a human rights issue by re-moulding it as an issue of racism -- then those who seek provisions to protect freedom of expression through Articles 19 and 20 of the ICCPR will find that they no longer have a case. In fact, if "defamation of religions" is made an issue of incitement to religious hatred, violence or "holocaust", then according to Article of ICCPR that incitement/defamation should be prohibited by law.
CONFLICT AS A RESULT OF "PRE-OCCUPATION WITH DIFFERENCE"
Meanwhile, yet another interfaith or inter-cultural initiative has come and gone. The Saudi-sponsored, UN-run "Culture of Peace" conference -- a follow-up from the Saudi-sponsored Madrid conference -- was held in the UN Headquarters in New York 12-13 November.
The President of the UN General Assembly, Miguel d'Escoto Brockmann (a Nicaraguan Catholic priest and ex-Sandinista advisor to and foreign minister under Daniel Ortega) opened the peace conference with these provocative words: "Our world is experiencing an extremely difficult period, the worst since the founding of the United Nations. It is a time of numerous bankruptcies, but the worst is the moral bankruptcy of humankind's self-proclaimed 'more advanced societies', which has spread throughout the world." (Link 4)
Saudi Arabia's King Abdullah lamented that throughout history conflicts have resulted from mankind's pre-occupation with differences. While King Abdullah's analysis of history is debatable his implication is clear: if we want to live in peace we should refrain from being pre-occupied with our differences. (Links 4 and 5)
Felice Gaer, chairwoman of the US Commission on International Religious Freedom commented that she'd have liked to see the conference held in Saudi Arabia. "The fact that it isn't speaks volumes," she said adding that Saudi Arabia's entrenched and systematic religious discrimination would make the conditions of entrance into the country intolerable for non-Muslim religious leaders.
Reporting on the Saudi-sponsored "Culture of Peace" conference for FOX News, Jennifer Lawinski writes: "Commission chairwoman Gaer thinks it's more than a public relations move for the Saudi government, it's a cooperative effort between Muslim nations to reinforce the defamation of religion resolution they're sponsoring before the General Assembly this fall.
"The resolution, introduced by Pakistan to the UN Human Rights Council in 1999 has been taken up by the General Assembly and passed every year since 2005.
"The non-binding Resolution 62/145 adopted in 2007 says it 'notes with deep concern the intensification of the campaign of defamation of religions and the ethnic and religious profiling of Muslim minorities in the aftermath of 11 September 2001.'
"It 'stresses the need to effectively combat defamation of all religions and incitement to religious hatred, against Islam and Muslims in particular.'
"Gaer said the Saudi-sponsored inter-faith meeting in Madrid, like the UN resolution, was part of an attempt to legitimise sharia law by making attendees sign a declaration that said the participants would encourage 'respecting heavenly religions, preserving their high status, condemning any insult to their symbols'.
"'This was a Madrid declaration calling for or affirming the idea of the global blasphemy law in slightly moderated language,' she said. 'This would give them the freedom to declare anything from cartoons to incitement to a whole range of things to be defamation.'
"Twenty-two members of the Council of the League of Arab States adopted the declaration and asked the UN and UNESCO to do so as well.
"The defamation of religions resolution has been criticised for acting as a shield for countries that persecute any insult to Islam and intimidate Western nations that may attempt to criticise them.
"'The problem is that this particular conference will legitimise the Saudis as somehow the leaders [of the anti-religious defamation movement] when they are the promoters of a particularly intolerant form of their own religions practice,' Gaer said. 'It will promote this idea of defamation which puts severe restrictions on freedom of expression and turns the whole concept of human rights on its head.'" (Link 6)
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The Culture of Peace conference's unanimously approved resolution "Recognises the commitment of all religions to peace" (Link 7). The problems caused by some believing that "peace" is achieve through the elimination of dissent and difference, or through enforced submission, conformity or bland uniformity was not addressed. Rather, leaders were repeatedly encouraged to accept the myth that while creeds may vary considerably, faith leads us to common (presumably noble) values.
The reality is however, that our diverse creeds and faiths give rise to diverse, sometimes conflicting values. The question remains: what should be protected -- state-proscribed creeds or the fundamental rights of human beings?
The OIC will seek to legitimise the defamation of religions issue by re-casting it (using the language of the ICCPR) as an issue of incitement to religious discrimination, hatred and violence, which poses a serious threat to public order, national security and human rights.
Links
1) UDHR http://www.unhchr.ch/udhr/lang/eng.htm
2) ICCPR http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
3) Statement by Githu Muigai
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
63 rd session of the General Assembly, Third Committee, Item 62(a)
3 Nov 2008, New York
http://www2.ohchr.org/english/issues/racism/rapporteur/docs/SpeechGA63.doc.doc
4) UN conference on culture of peace kicks off
Xinhua, 13 Nov 2008
http://news.xinhuanet.com/english/2008-11/13/content_10349467.htm
5) King Abdullah address at the UN Peace through Dialogue meeting
Custodian of the Two Holy Mosques King Abdullah bin Abdulaziz address to the High Level Meeting of the United Nations General Assembly on Peace Through Dialogue, New York, November 12, 2008
http://www.saudiembassy.net/2008News/Statements/SpeechDetail.asp?cIndex=732
6) Critics Say U.N. 'Culture of Peace' Meeting Hides Culture of Oppression
By Jennifer Lawinski for FOX News, 6 November 2008
http://www.foxnews.com/story/0,2933,448104,00.html
7) Culture of Peace Resolution.
United Nations General Assembly A/63/L.24/Rev.1 11 November 2008 Culture of Peace. 14 Nov 2008
http://www.saudiembassy.net/2008News/Statements/StateDetail.asp?cIndex=733
UDHR Article 18:
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
ICCPR Article 19:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
ICCPR Article 20:
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
