Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide

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Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide Page 69

by Paul Marshall


  12. United Nations Update, Human Rights Brief 16, no. 1 (2008): 53–54, http://www.wcl.american.edu/hrbrief/16/1unupdate.pdf?rd=1.

  13. “UN Hosts First Meeting Tackling Islam and Human rights,” Agence France Presse (AFP), November 9, 1998; “Search for Unity in Cultural Diversity Is Particular Responsibility of the UN, Says UN High Commissioner, Mary Robinson, to Seminar on Islam and Universal Declaration for Human Rights,” UN press release, November 9, 1998, http://www.unhchr.ch/huricane/huricane.nsf/(Symbol)/HR.98.85.En?Opendocument.

  14. “UN’s top human rights official urges action to combat ‘Islamophobia,’” UN press release, March 15, 2002, http://www.un.org/apps/news/story.asp?NewsID=3128&Cr=Robinson&Cr1=&Kw1=islam&Kw2=&Kw3.

  15. “Islamic Principles Integral Part of Human Rights: UN Rights,” AFP, March 15, 2002.

  16. Summary record of the 20th meeting, 49th session, Sub-Commission on Prevention of Discrimination and Protection of Minorities, UN Commission on Human Rights, held August 19, 1997, released August 22, 1997, E/CN.4/Sub.2/1997/SR.20, p. 7; “Foreign Conspiratorial Schemes Against the Sudan,” Resolution 5896, adopted by the Council of the League of Arab States on September 13, 1999, submitted in a letter to the President of the UN Security Council on September 23, 1999, UN document S/1999/997. See also Christian Solidarity International, “Islamic Violence Against Freedom of Expression,” letter to UN Secretary-General Kofi Annan, February 8, 2006.

  17. Report by Mr. Maurice Glele-Ahanhanzo, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, UN Commission on Human Rights, 53rd session, January 16, 1997, E/CN.4/1997/71, p. 14; “UN Rapporteur’s ‘Offensive’ Text Earns Official Rap,” AFP, April 18, 1997; Summary record of the 68th meeting, 53rd session, UN Commission on Human Rights, April 18, 1997, released September 3, 1997, E/CN.4/SR.68, pp. 4–7; Summary record of the 70th Meeting, 53rd Session, UN Commission on Human Rights, April 28, 1997, E/CN.4/1997/SR.70, p. 7.

  18. Corrigendum to Report by Mr. Maurice Glele-Ahanhanzo, Special Rapportuer on Contemporary Forms of Racism, Racial Intolerance, and Related Discrimination, UN Commission on Human Rights, July 8, 1997, E/CN.4/1997/71/Corr.1; Summary record of the 11th Meeting, 54th Session, UN Commission on Human Rights, March 25, 1998, E/CN.4/1998/SR.11, p. 10; Report by Mr. Glele-Ahanhanzo, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, UN Commission on Human Rights, 55th Session, January 15, 1999, E/CN.4/1999/15, p. 20. See also David Littman, “Islamism Grows Stronger at the United Nations,” Middle East Quarterly 6, no. 3 (September 1999), http://www.meforum.org/article/477.

  19. See for instance A/RES/61/164.

  20. Joint written statement submitted by the International Humanist and Ethical Union (IHEU), a nongovernmental organization in special consultative status, the Association for World Education (AWE), and the Association of World Citizens (AWC), nongovernmental organizations on the Roster, UN Human Rights Council, 7th session, submitted February 24, 2008, distributed March 4, 2008, A/HRC/7/NGO/96; “Islamic states seek world freedom curbs: humanists,” Reuters, March 12, 2008, http://www.reuters.com/article/worldNews/idUSL1277265220080312?feedType=RSS&feedName=worldNews&rpc=22&sp=true.

  21. Statement by the International Humanist and Ethical Union at the 21st plenary meeting of the 7th session of the UN Human Rights Council, March 13, 2008, UN Human Rights Council Archived video, http://www.un.org/webcast/unhrc/archive.asp?go=080313; “IHEU ‘Ambushed’ at Human Rights Council,” International Humanist and Ethical Union, March 14, 2008, http://www.iheu.org/node/3115.

  22. Joint statement by the Association for World Education and the International Humanist and Ethical Union before the 23rd plenary meeting of the 8th session of the UN Human Rights Council, June 16, 2008, UN Human Rights Council archived video, http://www.un.org/webcast/unhrc/archive.asp?go=080616 (the text of this exchange is found in several different video segments on this page, mostly under the heading “Points of order”).

  23. Frank Jordans, “Muslim Countries Win Concession Regarding Religious Debates by UN Human Rights Body,” Associated Press (AP), June 18, 2008; “U.N.’s Arbour Opposes ‘Taboos’ in Human Rights Body,” Reuters, June 18, 2008, http://www.reuters.com/article/world-News/idUSL1856437520080618.

  24. Summary record of the 1st Meeting of the 2nd Session of the UN Human Rights Council, Geneva, September 18, 2006, A/HRC/SR.1, released September 28, 2006.

  25. UN Web cast of the 20th Plenary Meeting of the 9th Session of the Human Rights Council, September 23, 2008, http://www.un.org/webcast/unhrc/archive.asp?go=080923.

  26. Official record of the 4th plenary meeting of the 54th session of the UN General Assembly, September 20, 1999, A/54/PV.4, p. 34.

  27. UN Commission on Human Rights Resolution 1999/82, “Defamation of Religions,” adopted April 30, 1999, http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/E.CN.4.RES.1999.82.En?Opendocument.

  28. Summary record of the 61st Meeting, 55th session, UN Commission on Human Rights, held April 29, 1999, released October 19, 1999, E/CN.4/1999/SR.61, p. 2.

  29. Compare draft resolution “Defamation of Religions,” UN Commission on Human Rights, 56th session, April 5, 2000, E/CN.4/2000/L.6, to final resolution 2000/84, April 26, 2000; Pakistani/OIC amendments to the amendments contained in document E/CN.4/2000/L.18 to draft resolution E/CN.4/2000/L.6, UN Commission on Human Rights, 56th session, April 20, 2000, E/CN.4/2000/L.96; see also UNCHR, report on the 56th session, E/CN.4/2000/167 or E/2000/23, pp. 336–38, http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Symbol)/E.CN.4.2000.167+E.2000.23.En?Opendocument.

  30. Summary record of the 67th meeting, 56th session, UN Commission on Human Rights, April 26, 2000, released December 1, 2000, E/CN.4/2000/SR.67, pp. 14–15.

  31. UNCHR Resolution 2001/4, “Combating Defamation of Religions as a Means to Promote Human Rights, Social Harmony and Religious and Cultural Diversity,” adopted April 18, 2001, http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/E.CN.4.RES.2001.4.En?Opendocument.

  32. Audio recording of the 61st meeting of the 57th session of the UN Commission on Human Rights, April 18, 2001, http://www.unhchr.ch/html/menu2/2/57chr/57audio.htm.

  33. Guatemala, India, Nigeria, the Republic of Korea, South Africa, and several other African nations abstained. UNCHR, Report on the 57th Session, Supplement No. 3, UN Economic and Social Council, Official Records, 2001, E/2001/23 or E/CN.4/2001/167, p. 372, http://www.unhchr.ch/Huridocda/Huridoca.nsf/e06a5300f90fa0238025668700518ca4/4788ae6d51ed9fe8c1256a920035e0ba/$FILE/G0115748.pdf.

  34. Summary record of the 39th meeting of the 58th session, UN Commission on Human Rights, April 15, 2002, released April 19, 2002, E/CN.4/2002/SR.39, pp. 6–8.

  35. From (in order): Report by Mr. Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, submitted pursuant to Commission on Human Rights resolution 2002/9, UN Commission on Human Rights, 59th session, January 3, 2003, E/CN.4/2003/23; Situation of Muslim and Arab peoples in various parts of the world—Report by Mr. Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, UN Commission on Human Rights, February 23, 2004, E/CN.4/2004/19; Addendum to the previous, December 13, 2004, E/CN.4/2005/18/Add.4.

  36. September 2, 2008, A/HRC/9/12.

  37. Situation of Muslim and Arab peoples in various parts of the world (2004 report); Situation of Muslim and Arab peoples in various parts of the world—Report by Mr. Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, UN Commission on Human Rights, 62nd session, February 13, 2006, E/CN.4/2006/17.

  38. January 3, 2003, E/CN.4/2003/23.

  39. February 13, 2006, E/CN.4/2006/17, p. 7.

  40. February 13, 2006, E/CN.4/2006/17.

  41. August 21, 2007, A/HRC/6/6; Statement of Doudou Diène, Special Rapporteur on contemporary forms of racism, racia
l discrimination, xenophobia and related intolerance (as translated by a UN translator) before the 4th plenary meeting of the 6th session of the UN Human Rights Council, September 14, 2007, UN Human Rights Council archived video, http://www.un.org/webcast/unhrc/archive.asp?go=070914; also see “Islamophobia on Rise, Especially in Europe: UN Envoy,” New York Times, September 14, 2007. Diène also alleged that Islamophobia was “exceptional” since not only Muslims are attacked but also “the religion itself, Islam, its sacred book, the Koran, and its prophet, Mohammed, which is virtually unparalleled in today’s world,” February 23, 2004, E/CN.4/2004/19, p. 5.

  42. August 21, 2007, A/HRC/6/6; September 2, 2008, A/HRC/9/12; statement before the 4th plenary meeting of the 6th session of the UN Human Rights Council.

  43. In a rare instance when he acknowledged that “Islamophobia also stems from the attitude and behavior of some Muslims,” he quickly emphasized that this was connected to a “sense of victimization” produced by “the widespread influence of foreign powers over the course of the past century in the Middle East” (August 21, 2007, A/HRC/6/6).

  44. December 13, 2004, E/CN.4/2005/18/Add.4.

  45. Report of the Special Rapporteur … Asma Jahangir, and the Special Rapporteur … Doudou Diène, p. 8.

  46. Ibid., 10.

  47. Ibid., 12, 15.

  48. “Combating Defamation of Religions,” UN General Assembly, 60th session, resolution 60/150, adopted December 16, 2005, released January 20, 2006, A/RES/60/150.

  49. Official records of the 64th plenary meeting of the 60th session of the UN General Assembly, December 16, 2005, A/60/PV.64, p. 11. Voting patterns were similar to those in the commission: the OIC together with Russia, China, and other allies in Africa, Latin America, and Asia, versus the European Union and other European countries, Australia, Canada, Israel, the United States, and some additional countries, with India and others abstaining.

  50. UNCHR Resolution 2005/23, “Combating Defamation of Religions,” adopted April 12, 2005, in Report on the Sixty-First Session, UN Commission on Human Rights, March 14–April 22, 2005, Supplement No. 3, E/2005/3 or E/CN.4/2005/134, pp. 21–24. The session record for 2005 (E/CN.4/2005/SR.44) is available in French only.

  51. “Prophet Cartoons Worry UN Commissioner,” The Copenhagen Post, December 7, 2005, http://www.freerepublic.com/focus/f-news/1537044/posts; original Berlingske Tidende article (Danish), http://www.berlingske.dk/article/20051207/danmark/112070743/.

  52. Ten-Year Programme of Action.

  53. “UN Urged to Ban Attack on Religion,” AlJazeera.net, January 29, 2006, http://english.aljazeera.net/archive/2006/01/200849154847426825.html, as translated in Middle East Media Research Institute, “Sheikh Al-Qaradhawi Responds to Cartoons of Prophet Muhammad,” Special Dispatch Series 1089, February 9, 2006, http://memri.org/bin/latest-news.cgi?ID=SD108906.

  54. Summary record of the 48th meeting of the Third Committee, UN General Assembly, 61st session, November 17, 2006, released January 9, 2006, A/C.3/61/SR.48, pp. 3–5.

  55. Summary record of the 49th meeting of the Third Committee, 62nd session, UN General Assembly, held November 20, 2007, distributed December 14, 2007, A/C.3/62/SR.49. The U.S. delegate also, troublingly, stated that “[h]is delegation agreed with many of the general tenets in the draft resolution” but felt it focused too much on a single religion.

  56. Decision 2006/107, “Incitement to Racial and Religious Hatred and the Promotion of Tolerance,” June 30, 2006, in Report to the General Assembly on the First Session of the Human Rights Council, UNHRC, July 5, 2006, A/HRC/1/L.10/ADD.1, p. 23.

  57. Report to the General Assembly on the Fourth Session of the Human Rights Council, UNHRC, released June 12, 2007, A/HRC/4/123, p. 57.

  58. References to the UN Charter, the Global Agenda for Dialogue, and the Millennium Declaration were dropped; reference to the World Summit 2005 and to various reports by the special rapporteurs were added; see “Combating Defamation of Religions,” UN Human Rights Council, March 30, 2007, A/HRC/RES/4/9.

  59. “Intervention at the Fourth Session of the Human Rights Council,” Jubilee Campaign, March 28, 2007; “Intervention at the Fourth Regular Session of the Human Rights Council,” Becket Fund, March 27, 2007; “Freedom House Condemns Passage of UN Resolution Supporting Limits on Free Speech,” Freedom House/IFEX, March 30, 2007.

  60. Combating Defamation of Religions—Report of the Secretary-General, UN General Assembly, 62nd session, August 29, 2007, A/62/288.

  61. Statement by Ihab Gamaleldin, Egypt, at the 2nd Plenary Meeting of the 6th Session of the UN Human Rights Council, September 13, 2007, UN Human Rights Council archived video, http://www.un.org/webcast/unhrc/archive.asp?go=070913.

  62. Statement by Marghoob Saleem Butt of Pakistan on behalf of the Organization of the Islamic Conference at the 2nd Plenary Meeting of the 6th Session of the UN Human Rights Council, September 13, 2007, UN Human Rights Council archived video, http://www.un.org/webcast/unhrc/archive.asp?go=070913.

  63. Statements by Masood Khan of Pakistan on behalf of the Organisation of the Islamic Conference, Sameh Shoukry for Egypt, and Abdullah Abbas Rashwan for Saudi Arabia, as translated, at the 33rd plenary meeting of the 6th session the UN Human Rights Council, December 14, 2007, UN Human Rights Council Archived video, http://www.un.org/webcast/unhrc/archive.asp?go=071214. On efforts to change the resolution, see Pakistan (on behalf of the Organization of the Islamic Conference): amendments to draft resolution L.15/Rev.1, in document A/HRC/6/L.49, December 13, 2007; compare to draft resolution, “Elimination of All Forms of Intolerance Based on Religion Based on Religion or Belief,” UN Human Rights Council, 6th session, agenda item 3, December 11, 2007, A/HRC/6/L.15/Rev.1.

  64. Combating Defamation of Religions, UN General Assembly, adopted December 19, 2006, released February 21, 2007, A/RES/61/164.

  65. The preamble included a new reference to the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and welcomed “international and regional initiatives to promote cross-cultural and interfaith harmony”; a clause was added to the operative paragraph on “attempts to identify Islam with terrorism,” stating that “equating any religion with terrorism should be rejected and combated by all at all levels.” See, UN Document A/HRC/9/7, para. 67 (2008) for finding on defamation practices.

  66. L. Bennett Graham, “Defamation of Religions: The End of Pluralism?” Emory International Law Journal 23, no. 1 (2009): 72.

  67. Resolution 7/36, “Mandate of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Expression,” UN Human Rights Council, adopted March 28, 2008, http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_7_36.pdf. The vote was thirty-two to none; abstaining were the European block, Canada, Guatemala, Japan, the Philippines, and the Republic of Korea.

  68. Resolution 7/36, section 4(d).

  69. Eliane Engeler, “US, Europeans Say Islamic Countries Want to Limit Free Speech at the UN,” AP, April 1, 2008. http://www.jpost.com/International/Article.aspx?id=96792.

  70. “Vote on Freedom of Expression Marks the End of Universal Human Rights,” International Humanist and Ethical Union (IHEU), March 30, 2008, http://www.iheu.org/vote-on-freedom-of-expression-marks-the-end-of-universal-human-rights.

  71. “Release of 2008 International Religious Freedom Report: Remarks by John V. Hanford III, Ambassador at Large for International Religious Freedom,” U.S. State Department press release, September 19, 2008, http://montevideo.usembassy.gov/usaweb/2008/08-446eEN.shtml.

  72. “World Newspaper Congress Condemns UN Human Rights Council on Press Freedoms,” AP, June 3, 2008; full text at United Nations Resolution, World Association of Newspapers, June 3, 2008, http://www.wan-press.org/article17293.html.

  73. Office of the United Nations High Commissioner for Human Rights, “Follow-up to the 2008 Expert Seminar on Articles 19 and 20 of the ICCPR with Regard to Freedom of Expression and Incitement to Hatred,” http://www2.ohchr.org/english/issues/
opinion/articles1920_iccpr/.

  74. Report of the United Nations High Commissioner for Human Rights and Follow-Up to the World Conference on Human Rights—Addendum: Expert seminar on the links between articles 19 and 20 of the International Covenant on Civil and Political Rights … (Geneva, 2–3 October 2008); UN Human Rights Council, January 16, 2009, A/HRC/10/31/Add.3.

  75. This shift has been noted by other observers, e.g., Graham, in “Defamation of Religions: The End of Pluralism?” 82.

  76. September 2, 2008, A/HRC/9/12.

  77. 2nd OIC Observatory Report on Islamophobia (June 2008–April 2009), issued at the 36th Council of Foreign Ministers, Damascus, May 23–25, 2009, http://www.oic-oci.org/uploads/file/Islamphobia/Islamophobia_rep_May_23_25_2009.pdf.

 

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