UN Watch Briefing

 *Proposal at U.N. to criminalize 'defamation of Islam'*
http://www.unwatch.org/site/apps/nlnet/content2.aspx?c=bdKKISNqEmG&b=1285603&content_id={AF491436-ED3D-46F5-8CC4-E14577482787}&notoc=1

**

*Geneva, March 11, 2009 — *A new U.N. resolution circulated today by Islamic
states would define any questioning of Islamic dogma as a human rights
violation, intimidate dissenting voices, and encourage the forced imposition
of Sharia law. *(See full U.N. text below.)*



UN Watch obtained a copy of the Pakistani-authored proposal after it was
distributed today among Geneva diplomats attending the current session of
the UN Human Rights Council. Entitled "Combating defamation of religions,"
it mentions only Islam.



While non-binding, the resolution constitutes a dangerous threat to free
speech everywhere. It would ban any perceived offense to Islamic
sensitivities as a "serious affront to human dignity" and a violation of
religious freedom, and would pressure U.N. member states -- at the "local,
national, regional and international levels" -- to erode free speech
guarantees in their "legal and constitutional systems."



It's an Orwellian text that distorts the meaning of human rights, free
speech, and religious freedom, and marks a giant step backwards for liberty
and democracy worldwide.



The first to suffer will be moderate Muslims in the countries that are
behind this resolution, like Iran, Saudi Arabia, Egypt, and Pakistan, who
seek international legitimacy for state-sanctioned blasphemy laws
that stifle religious freedom and outlaw conversions from Islam to other
faiths.



Next to suffer from this U.N.-sanctioned McCarthyism will be writers and
journalists in the democratic West, with the resolution targeting the media
for the "deliberate stereotyping of religions, their adherents and sacred
persons."



Ultimately, it is the very notion of individual human rights at stake,
because the sponsors of this resolution seek not to protect individuals from
harm, but rather to shield a specific set of beliefs from any question,
debate, or critical inquiry.

The resolution's core premise -- that "defamation of religion" exists as
legal concept -- is a distortion. The law on defamation protects the
reputations of individuals, not beliefs. It also requires an examination of
the truth or falsity of the challenged remarks -- a determination that no
one, especially not the UN, is capable of undertaking concerning any
religion.



Tragically, given that Islamic states completely dominate the Human Rights
Council, with the support of non-democratic members like Russia, China, and
Cuba, adoption of the regressive resolution is a forgone conclusion. E.U.
diplomats hope at best to win over a handful of wavering Latin American
states to the dissenting side.





___________________________________





*Following is a copy of the draft U.N. Human Rights Council resolution
obtained by UN Watch. Prepared by Pakistan on behalf of the Islamic group,
the text was circulated today to Geneva diplomats in advance of a council
vote scheduled for the end of March. Emphasis added.*



*Human Rights Council **Resolution
A/HRC/10/L.. Combating Defamation of Religions*



*The Human Rights Council*,

*Reaffirming *the pledge made by all States, under the Charter of the United
Nations, to promote and encourage universal respect for and observance of
all human rights and fundamental freedoms without distinction as to race,
sex, language or religion,

*Reaffirming also *that all human rights are universal, indivisible,
interdependent and interrelated,

*Recalling *the 2005 World Summit Outcome adopted by the General Assembly in
its resolution 60/1 of 24 October 2005, in which the Assembly emphasized the
responsibilities of all States, in conformity with the Charter of the United
Nations, to respect human rights and fundamental freedoms for all, without
distinction of any kind and acknowledged the importance of respect and
understanding for religious and cultural diversity throughout the world,

*Recognizing* the valuable contribution of all religions to modern
civilization and the contribution that dialogue among civilizations can make
towards improved awareness and understanding of the common values shared by
all humankind,

*Welcoming *the resolve expressed in the United Nations Millennium
Declaration adopted by the General Assembly on 8 September 20006 to take
measures to eliminate the increasing acts of racism and xenophobia in many
societies and to promote greater harmony and tolerance in all societies, and
looking forward to its effective implementation at all levels,

*Underlining *in this regard the *importance of the Durban Declaration *and
Programme of Action adopted by the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, held in Durban, South
Africa, in 2001, welcoming the progress achieved in implementing them, and
emphasizing that they constitute a solid foundation for the elimination of
all scourges and manifestations of racism, racial discrimination, xenophobia
and related intolerance,

*Welcoming *all international and regional initiatives to promote
cross-cultural and interfaith harmony, including the Alliance of
Civilizations and the International Dialogue on Interfaith Cooperation and
their valuable efforts towards the promotion of a culture of peace and
dialogue at all levels,

*Welcoming further* the reports of the Special Rapporteur submitted to the
Council at its fourth, sixth and ninth sessions that highlight the *serious
nature of the defamation of all religions and the need to complement legal
strategies*;

*Noting with deep concern *the instances of intolerance, discrimination and
acts of violence against followers of certain faiths, occurring in many
parts of the world, in addition to the *negative projection of certain
religions in the media *and the introduction and enforcement of laws and
administrative measures that specifically discriminate against and target
persons with certain ethnic and religious backgrounds, *particularly Muslim
minorities following the events of 11 September 2001*, and that threaten to
impede their full enjoyment of human rights and fundamental freedoms,

*Stressing *that *defamation of religions is a serious affront to human
dignity leading to restriction on the freedom of religion of their adherents
* and incitement to religious hatred and violence,

*Noting with concern *that *defamation of religions*, and incitement to
religious hatred in general, *could lead to social disharmony *and
violations of human rights, and *alarmed at the inaction of some States to
combat this burgeoning trend* and the resulting discriminatory practices
against adherents of certain religions and in this context stressing the *need
to effectively combat defamation of all religions and incitement to
religious hatred in general and against Islam and Muslims in particular*,

*Convinced *that respect for cultural, ethnic, religious and linguistic
diversity, as well as dialogue among and within civilizations, is essential
for global peace and understanding while manifestations of cultural and
ethnic prejudice, religious intolerance and xenophobia generate hatred and
violence among peoples and nations,

*Underlining *the important role of education in the promotion of tolerance,
which involves acceptance by the public of and its respect for diversity,

*Noting *various regional and national initiatives to combat religious and
racial intolerance against specific groups and communities and emphasizing,
in this context, the need to adopt a comprehensive and non-discriminatory
approach to ensure respect for all races and religions,

*Recalling *its resolution 7/19 of 27 March 2008 and UNGA resolution 63/154
of 18 December 2008,

*1. Takes note *of the report of the High Commissioner on the *compilation
of existing legislation and jurisprudence concerning defamation of and
contempt of religions* and the report of the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance presented during the 9th session of the Human Rights Council;

2. *Expresses deep concern *at the negative stereotyping and defamation of
religions and manifestations of intolerance and discrimination in matters of
religion or belief, still evident in the world, which have led to
intolerance against the followers of these religions;

3. *Strongly deplores *all acts of psychological and physical violence and
assaults, and incitement thereto, against persons on the basis of their
religion or belief, and such acts directed against their businesses,
properties, cultural centres and places of worship, as well as targeting of
holy sites, religious symbols and venerated personalities of all religions;

4. *Expresses deep concern *at the continued serious instances of *deliberate
stereotyping of religions, their adherents and sacred persons* *in the media
*, as well as programmes and agendas pursued by extremist organizations and
groups aimed at creating and perpetuating stereotypes about certain
religions, in particular when condoned by Governments;

5. *Notes with deep concern *the intensification of the overall campaign of
defamation of religions, and incitement to religious hatred in general,
including the *ethnic and religious profiling of Muslim minorities in the
aftermath of the tragic events of 11 September 2001*; )

6. *Recognizes *that, *in the context of the fight against terrorism,
defamation of religions*, and incitement to religious hatred in general
have, *become aggravating factors *that contribute to the denial of
fundamental rights and freedoms of members of target groups, as well as to
their economic and social exclusion;

7. *Expresses deep concern *in this respect that *Islam is frequently and
wrongly associated with human rights violations and terrorism *and in this
regard regrets the laws or administrative measures specifically designed to
control and monitor Muslim minorities, thereby stigmatizing them and
legitimizing the discrimination they experience;

8. *Deplores *the use of the print, audio-visual and electronic media,
including the Internet, and any other means to incite acts of violence,
xenophobia or related intolerance and discrimination towards any religion,
as well as *targeting of religious symbols and venerated persons*;

9. *Emphasizes *that, as stipulated in international human rights law
including articles 19 and 29 of UDHR and 19 and 20 of ICCPR, everyone has
the right to hold opinions without interference, and has the right to
freedom of expression, the exercise of which carries with it special duties
and responsibilities and may therefore be subject to limitations as are
provided for by law and are necessary for respect of the rights or
reputations of others, protection of national security or of public order,
public health or morals, and general welfare;

10. *Reaffirms *that General Comment 15 of the Committee on the Elimination
of Racial Discrimination, in which the Committee stipulated that the
prohibition of the dissemination of all ideas based upon racial superiority
or hatred is compatible with freedom of opinion and expression, is equally
applicable to the question of incitement to religious hatred;

11. *Strongly condemns *all manifestations and acts of racism, racial
discrimination, xenophobia and related intolerance against national or
ethnic, religious and linguistic minorities and migrants and the stereotypes
often applied to them, including on the basis of religion or belief, and
urges all States to apply and, where required, reinforce existing laws when
such xenophobic or intolerant acts, manifestations or expressions occur, in
order to deny impunity for those who commit such acts;

12. *Urges all States to provide, within their respective legal and
constitutional systems, adequate protection against *acts of hatred,
discrimination, intimidation and coercion resulting from *defamation of
religions*, and incitement to religious hatred in general, and to take all
possible measures to promote tolerance and respect for all religions and
beliefs;

13. *Underscores *the *need to combat defamation of religions*, and
incitement to religious hatred in general, *by strategizing and harmonizing
actions at the local, national, regional and international levels *through
education and awareness building;

14. *Calls upon *all States to exert the utmost efforts, in accordance with
their national legislation and in conformity with international human rights
and humanitarian law, to ensure that religious places, sites, shrines and
symbols are fully respected and protected, and to take additional measures
in cases where they are vulnerable to desecration or destruction;

15. *Calls *for strengthening 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, and urges States, non-governmental organizations, religious leaders
as well as the print and electronic media to support and foster such a
dialogue;

16. *Appreciates* the High Commissioner for Human Rights for holding a
seminar on freedom of expression and advocacy of religious hatred that
constitutes incitement to discrimination, hostility or violence in October
2008, and requests her to continue to build on this initiative, with a view
to concretely contributing to the prevention and elimination of all such
forms of incitement and the consequences of negative stereotyping of
religions or beliefs, and their adherents, on the human rights of those
individuals and their communities;

17. *Requests* the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance to *report on all
manifestations of defamation of religions*, and *in particular on the
serious implications of Islamophobia*, on the enjoyment of all rights by
their followers, to the Council during its 12th Session;

18*. Requests *the High Commissioner for Human Rights to report to the
Council at its 12th Session on the implementation of the present resolution,
including on the possible correlation between *defamation of religions* and
the upsurge in incitement, intolerance and hatred in many parts of the
world.
Date: 3/11/2009

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