U.N. Anti-Blasphemy Resolution Spreads Sharia Law To The Western World
and Curtails Free Speech, Critics Say
Religious groups and free-speech advocates are banding together to fight a United Nations resolution they say is being used to spread Sharia law to the Western world and to intimidate anyone who criticizes Islam.
The non-binding resolution on "Combating the Defamation of Religion" is intended to curtail speech that offends religion – particularly Islam.
Pakistan and the Organization of the Islamic Conference introduced the measure to the U.N. Human Rights Council in 1999. It was amended to include religions other than Islam, and it has passed every year since.
In 2005, Yemen successfully brought a similar resolution before the General Assembly. Now the 192-nation Assembly is set to vote on it again.
The non-binding Resolution 62/145, which was 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 "tresses the need to effectively combat defamation of all religions and incitement to religious hatred, against Islam and Muslims in particular."
But some critics believe the resolution is a dangerous threat to freedom of speech everywhere.
The U.S. government mission in Geneva, in a statement, told the U.N. Human Rights Council in July that "defamation-related laws have been abused by governments and used to restrict human rights" around the world, and sometimes Westerners have been caught in the web.
Critics give some recent news events as examples of how the U.N. "blasphemy resolution" has emboldened Islamic authorities and threatened Westerners:
– On Oct. 3 in Great Britain, three men were charged for plotting to kill the publisher of the novel "The Jewel of Medina," which gives a fictional account of the Prophet Muhammad and his child bride. FOXNews.com reported U.S. publisher Random House Inc., was going to release the book but stopped it from hitting shelves after it claimed that "credible and unrelated sources" said the book could incite violence by a "mall, radical segment."
– An Afghan student is on death row for downloading an article about the role of women in Islam, FOXNews.com also reported.
– In December 2007 "a court reportedly sentenced two foreigners to six months in prison for allegedly marketing a book deemed offensive to Aisha, one of the Prophet Muhammad's wives," the U.S. government said.
– A British teacher was sentenced to 15 days in jail in Sudan for offending Islam by allowing students to name the class teddy bear Muhammad in November 2007.
– In February 2007 in Egypt an Internet blogger was sentenced to four years in prison for writing a post that critiqued Islam.
– In 2004, Dutch filmmaker Theo Van Gogh was murdered after the release of his documentary highlighting the abuse of Muslim women.
"It's obviously intended to have an intimidating effect on people expressing criticism of radical Islam, and the idea that you can have a defamation of a religion like this, I think, is a concept fundamentally foreign to our system of free expression in the United States," said former U.N. Ambassador John Bolton.
Passing the resolution year after year gives it clout, Bolton said. "In places where U.N. decisions are viewed as more consequential than they are in the U.S., they're trying to build up brick-by-brick that disagreement with this resolution is unacceptable."
Kevin "Shamus" Hasson, founder and president of the Becket Fund for Religious Liberty, a public interest law firm in Washington that opposes the resolution, said it is a slap in the face of human rights law.
"The whole idea of the defamation of religion is a Trojan horse for something else," Hasson said. "When you talk about defamation, you talk about people being defamed and people being libeled, but ideas can't be defamed. Ideas don't have rights, people have rights."
He said the resolution is a shield for Islamic fundamentalists who retaliate against perceived offenses and want to make Islamic Sharia law the law of the land. He said the resolution passes under the guise of protecting religion, but it actually endangers religious minorities in Islamic countries.
"Who could possibly be in favor of defamation?" Hasson said. "God may well punish blasphemy in the hereafter, but it's not the government's job to police in the here and now."
Paula Schriefer, advocacy director for Freedom House, a member of the Coalition to Defend Free Speech, agrees.
"You have to remember that many of the governments that are pushing forward this idea are not democratic governments," she said. "Citizens of Pakistan or Egypt, who have been two of the ringleaders of this movement, are frequently put in prison or arrested. Even if they're not arrested, the fear of being arrested creates an environment of self-censorship."
Floyd Abrams, Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism, said that while Americans are protected by the Constitution at home, the U.N. resolution could affect those who travel to countries with anti-free-speech laws and isolate Westerners who oppose restricting religious dialogue.
Neither the Pakistani, the Indonesian nor the Egyptian missions to the U.N. responded to requests for comment. All three are members of the Organization of the Islamic Conference.
Defamation of religions
The Commission on Human Rights,
Recalling that all States have pledged themselves, under the Charter of the United Nations, to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
Reaffirming that discrimination against human beings on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations,
Reaffirming also the call of the World Conference on Human Rights for all Governments to take all appropriate measures, in compliance with their international obligations and with due regard to their respective legal systems, to counter intolerance and related violence based on religion or belief, including practices of discrimination against women and including desecration of religious sites, recognizing that every individual has the right to freedom of thought, conscience, expression and religion,
Alarmed at the serious instances of intolerance, discrimination and acts of violence based on religion or belief, including acts of violence, intimidation and coercion motivated by religious extremism, occurring in many parts of the world and threatening the enjoyment of human rights and fundamental freedoms,
Underlining the importance of creating conditions to foster greater harmony and tolerance within and among societies and conscious of the importance of education in ensuring tolerance of and respect for religion and belief,
Welcoming the designation by the General Assembly of the year 2001 as the United Nations Year of Dialogue among Civilizations,
Expressing its appreciation in this context of the joint efforts of the member States of the Organization of the Islamic Conference and the United Nations High Commissioner for Human Rights in organizing the seminar entitled "Enriching the Universality of Human Rights: Islamic Perspectives on the Universal Declaration of Human Rights" in Geneva on 9 and 10 November 1998,
Emphasizing that non_governmental organizations, religious bodies and communities have an important role to play in the promotion of tolerance and the protection of freedom of religion or belief,
- Expresses deep concern at negative stereotyping of religions;
- Also expresses deep concern that Islam is frequently and wrongly associated with human rights violations and with terrorism;
- Expresses its concern at any role in which the print, audio_visual or electronic media or any other means is used to incite acts of violence, xenophobia or related intolerance and discrimination towards Islam and any other religion;
- Urges all States, within their national legal framework, in conformity with international human rights instruments to take all appropriate measures to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance, including attacks on religious places, and to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief;
- Invites the High Commissioner, in the context of the preparations for the United Nations Year of Dialogue among Civilizations, to consider the holding of seminars to promote a dialogue among cultures, thus contributing to the understanding of the universality of human rights;
- Calls upon the Special Rapporteur on religious intolerance and the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance to take into account the provisions of the present resolution when reporting to the Commission at its fifty_sixth session;
- Decides to remain seized of the matter at its fifty_sixth session.
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