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Regional News
Muslim countries seek ban on blasphemy
Published Date: November 21, 2009 

GENEVA: Four years after cartoons of the Prophet Muhammad (pbuh) set off 
violent protests across the Muslim world, Islamic nations are mounting a 
campaign for an international treaty to protect religious symbols and beliefs 
from mockery _ essentially a ban on blasphemy that would put them on a 
collision course with free speech laws in the West. Documents show that Algeria 
and Pakistan have taken the lead in lobbying to eventually bring the proposal 
to a vote in the UN General Assembly.

If ratified in countries that enshrine freedom of expression as a fundamental 
right, such a treaty would require them to limit free speech if it risks 
seriously offending religious believers. The process, though, will take years 
and no showdown is imminent. The proposal faces stiff resistance from Western 
countries, including the United States, which in the past has brushed aside 
other UN treaties, such as one on the protection of migrant workers.

Experts say the bid stands some chance of eventual success if Muslim countries 
persist. And whatever the outcome, the campaign risks reigniting tensions 
between Muslims and the West that President Barack Obama has pledged to heal, 
reviving fears of a "clash of civilizations." Four years ago, a Danish 
newspaper published cartoons lampooning the prophet Muhammad, prompting angry 
mobs to attack Western embassies in Muslim countries, including Lebanon, Iran 
and Indonesia. In a countermovement, several European newspapers reprinted the 
images. The countries that form the 56-member Organization of the Islamic 
Conference are now lobbying a little-known Geneva-based U.N. committee to agree 
that a treaty protecting religions is necessary.

The move would be a first step toward drafting an international protocol that 
would eventually be put before the General Assembly _ a process that could take 
a decade or more. The proposal may have some support in the General Assembly. 
For several years the Islamic Conference has successfully passed a nonbinding 
resolution at the General Assembly condemning "defamation of religions." If the 
treaty was approved, any of the UN's 192 member states that ratified it would 
be bound by its provisions. Other countries could face criticism for refusing 
to join. The United States has declared it won't accept international treaties 
that restrict its Constitution's First Amendment right to free speech.

But there are signs the US is worried by the Islamic Conference campaign. 
Behind the scenes it has been lobbying hard to quash the proposal, dispatching 
a senior US diplomat to Geneva last month for talks described as akin to trench 
warfare.
The US presence can be significant in determining the whole destiny of the 
process," said Lukas Machon, who represents the International Commission of 
Jurists at the UN.

>From a legal point of view, "the whole exercise is dangerous from A-Z because 
>it's a departure from the practice and concept of human rights," Machon said. 
>"It adds only restrictions." In a letter obtained by the AP, Pakistan said 
>insults against religion were on the increase. The Islamic Conference 
>"believes that the attack on sacredly held beliefs and the defamation of 
>religions, religious symbols, personalities and dogmas impinge on the 
>enjoyment of human rights of followers of those religions," the letter said. 
>It was sent last month to members of the Ad Hoc Committee on Complementary 
>Standards, a temporary committee created to consider a previous anti-racism 
>treaty.

In a separate submission to the committee, Pakistan proposed extending the 
treaty against racism to require signatories to "prohibit by law the uttering 
of matters that are grossly abusive or insulting in relation to matters held 
sacred by any religion." It's not clear who would decide what is considered 
grossly abusive, but each country's criminal courts would likely have initial 
jurisdiction over that decision, according to Marghoob Saleem Butt, a Pakistani 
diplomat in Geneva who confirmed the campaign's existence and has lobbied for 
the ban.

There has to be a balance between freedom of expression and respect for 
others," Butt said in a telephone interview. "Taking the symbol of a whole 
religion and portraying him as a terrorist," said Butt, referring to the 
Muhammad cartoons, "that is where we draw the line." One American expert with 
more than 20 years experience of the UN human rights system said the treaty 
could have far-reaching implications.

It would, in essence, advance a global blasphemy law," said Felice Gaer, a 
member of the US Commission on International Religious Freedom. The 
independent, congressionally mandated panel issued a report last week warning 
that existing laws against blasphemy, including in Pakistan, "often have 
resulted in gross human rights violations." In Egypt, blasphemy laws have been 
used to suppress dissidents, said Moataz el-Fegiery, executive director of the 
Cairo Institute for Human Rights Studies. Abdel Kareem Nabil, a blogger, was 
sentenced in February 2007 to four years in prison for insulting Islam and 
Egyptian President Hosni Mubarak.

He said reformists who reinterpret traditional Islamic texts have also become 
the target of blasphemy accusations. More broadly, introducing laws to protect 
religions from criticism would weaken the whole notion of human rights, said 
Sweden's ambassador to the UN in Geneva, Hans Dahlgren.

Religions as such do not have rights _ it's people who have rights," he said, 
adding that the European Union, whose presidency Sweden currently holds, would 
oppose attempts to limit freedom of speech. The treaty goes against the grain 
of recent efforts by Western and Muslim countries to find common ground on 
human rights.

Only last month a joint US-Egyptian resolution on freedom of expression won 
unanimous support in the UN Human Rights Council, much to the surprise of 
seasoned observers. "We will engage, and we're going to keep engaging," said 
Michael Parmly, spokesman for the US Mission in Geneva.

In a telephone interview Wednesday, the Ad Hoc Committee's chairman, Algerian 
Ambassador Idriss Jazairy, said concerns the treaty could stifle free speech 
have been "whipped up into a bugaboo." Failure to agree on a treaty would boost 
extremists in the Arab world, said Jazairy, a former envoy to Washington now 
considered a key player in the UN's human rights forum. "If we keep hitting 
this glass wall and say there's nothing you can do about Islamophobia _ you can 
do something about anti-Semitism but Islamophobia is out of bounds _ you give 
an ideal platform for recruitment of suicide bombers," he said.--- AP


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