Blog
Published on October 22, 2009
Check out testimony below made by Human Rights First’s Tad Stanhke, at the Tom Lantos Human Rights Commission Hearing yesterday on the Implications of the Promotion of “Defamation of Religions.”
In his testimony, Tad outlined ways for the U.S. to advance respect for freedom of expression while combating racial and religious discrimination and intolerance:
Mr. Chairman, thank you for the opportunity to testify at this timely hearing.
Human Rights First has long opposed international recognition of the concept of defamation of religions as well as efforts to create internationally binding obligations to guarantee against defamation of religions. The concept of defamation relates to religions as a whole rather than the rights of individuals to be protected from racism, racial and religious discrimination, xenophobia and related intolerance. Efforts at the United Nations to prohibit defamation threaten protections for the universal rights to freedom of expression and freedom of thought, conscience and religion. At the national level, UN experts and other human rights monitors have found that laws prohibiting blasphemy, religious defamation, injury to religious feelings and incitement to hatred can be abused by governments and others to target individuals for the peaceful expression of political or religious views, thus stifling debate and dissent. These abuses exist in some of the same countries whose governments are the strongest proponents of the defamation concept.
At the same time, Human Rights First, through its Fighting Discrimination Program works to combat bias motivated violence, in particular racist, antisemitic, xenophobic, anti-Muslim, homophobic and related violence in Europe, North America and the former Soviet Union. We have developed a set of concrete recommendations for governments to confront such violence. We have also proposed steps that can be taken by international institutions and the U.S. government, as part of its foreign policy, to promote a stronger response by governments. Human Rights First does not advocate restrictions on speech as part of this program.
Our research shows that violence targeting members of ethnic and religious minorities is a serious and growing problem in Europe, where most governments have been slow to respond. Muslims are one group among many who have been targeted for violence. While attacks on Muslims may often be motivated by racist or ethnic bias, intolerance is increasingly directed at Muslims expressly because of their religion. Muslim places of worship and women wearing the hijab are particularly vulnerable targets. These violent attacks are taking place in the context of a climate of hostility towards Muslims and those perceived to be Muslim. There is a longstanding strain of political discourse in Europe – worsened in recent years – that has projected immigrants in general and Muslims in particular as a threat not only to security but also to European homogeneity and culture.
For many years, the United States and European countries have generally failed in their efforts to defeat proposals promoting the defamation of religions concept at the UN. Now is a good time to take a fresh look at the strategy to achieve that goal.
In that regard, I would like to make three points and then offer some recommendations:
1. The next six months provide a unique window of opportunity for the U.S. government to begin to turn the tide against defamation of religions at the UN; the failure to do so could result in a major setback.
There is a glimmer of positive momentum. Provisions on defamation of religion were dropped from the draft outcome document of the Durban Review Conference. The United States is now on the Human Rights Council, and this seems to have had, at least for now, a positive impact on the environment there. Also, at the Council session earlier this month, the United States worked with Egypt to pass by consensus a resolution on freedom of expression that – although it has one or two problematic elements – is nevertheless an improvement from the resolution passed in 2008, as the latter recognized “abuses of the right to freedom of expression that constitute acts of racial or religious discrimination.”
Despite this small measure of momentum, it is very clear that the issue is not going to go away. Defamation remains a priority for the Organization of the Islamic Conference (OIC). Defamation proponents remain a formidable force, with well-resourced and experienced diplomats focused on advancing their cause wherever they can. Indeed, the defamation issue will come up in one guise or another at numerous UN venues over the next several months, including:
Thus, the battle in opposition to the defamation of religion concept will need to be waged vigorously on several fronts simultaneously.
2. The U.S. government must become more central to the debate in order to successfully oppose threats to free expression under the guise of prohibitions on defamation of religions or of expansive interpretations of the obligation to prohibit incitement.
Virtually all other countries – both allies on the defamation issue and opponents – have viewed the United States as marginal to the defamation of religions debate. The United States is considered an outlier because of its robust First Amendment protections against restrictions on speech; most other countries allow restrictions on speech as a matter of law that are not permitted in the United States. The United States has also entered a reservation to article 20 of the ICCPR, which requires states to prohibit advocacy of national, racial and religious hatred that constitutes incitement to discrimination, hostility and violence. Under U.S. law, incitement to violence can be prohibited only under certain very narrow circumstances.
Opposition to defamation of religions on the basis of its incompatibility with the First Amendment or even with existing international human rights norms has not carried the day. Continuing with this approach will likely not yield better results. Although the United States should not abandon these principles, and should not under any circumstances accept language that violates them, additional approaches should be tried.
3. The United States should promote recognition of the problem of hostility and intolerance faced by members of ethnic, religious and other groups, as well as the experience gained in this country from confronting it without restricting freedom of expression; doing so can help to reframe the debate on defamation of religions and undercut support for limitations on free speech.
As noted above, members of several minority communities in Europe face a climate of hostility and intolerance. This problem exists in many other parts of the globe as well. At the international level, the U.S. government should be promoting stronger responses by all governments to serious manifestations of hostility and intolerance, which occur in numerous countries, including the United States.
All governments can do more to respond to bias motivated violence, including by working with affected communities to investigate and prosecute those responsible for such violence as well as by ensuring that police and prosecutors have the tools and the training to do the job. Laws and policies to combat discrimination should be adopted and enforced. In addition, responses to other acts of hatred and intolerance – responses that do not involve restrictions on speech – should be identified and promoted. The rich experience of civil society groups in the United States in working together across racial, ethnic and religious lines, as well as working with law enforcement and political leaders at all levels of government can provide examples of best practices. Government officials and political leaders should be pressed to speak out more often and more forcefully to condemn acts of hatred and intolerance, especially when committed by their colleagues.
These efforts should encompass all forms of bias, and not only religious intolerance. While promoting best practices, the U.S. government should continue to highlight the human rights violations that occur as a result of abuses of laws prohibiting blasphemy, religious defamation, injury to religious feelings and incitement to racial and religious hatred.
Recommendations
To advance respect for freedom of expression while combating racial and religious discrimination and intolerance, we make the following recommendations:
A Ten-Point Plan for Combating Hate Crimes
