MONITORING THE UN HUMAN RIGHTS COUNCIL. Defamation of Religions in the Second session of the Human Rights Council

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1 MONITORING THE UN HUMAN RIGHTS COUNCIL Defamation of Religions in the Second session of the Human Rights Council Karin Lindahl 2007

2 Defamation of Religions in the Second session of the Human Rights Council Introduction This is a brief summary of the activity of the Human Rights Council during its second session, which took place from 18 September to the 6 October and from 27 to 29 November 2006, on the topic of defamation of religions. The Commission on Human Rights had previously requested appropriate steps to be taken to support inter-cultural dialogue, respect and tolerance. This request was made against the backdrop of serious instances of intolerance, discrimination and acts of violence based on religion or belief, intimidation and coercion motivated by extremism, occurring in many parts of the world, and in particular the negative impact of the events of 11 September 2001 on Muslim communities and the negative projection of Islam in the media. The Human Rights Council in its first session, through its decision 2006/107, also requested the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on contemporary forms of racism and intolerance and the United Nations High Commissioner for Human Rights to report on the Incitement to racial and religious hatred and the promotion of tolerance. 1. Report submitted by Mr. Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance E/CN.4/2006/17 (Arab and Muslims) 2. High Commissioner s report: E/CN.4/2006/12 Combating Defamation of Religions 3. Oral statement: Mr Diene Special Rapporteur on racism: 4. Oral statement: Ms Jahangir Special Rapporteur on Religion and Belief. 5. Member states comments

3 1.Special Rapporteur Diène s Report E/CN.4/2006/17 on the situation of Arabs and Muslims The Danish cartoons On 30 September 2005, 12 cartoons of the Prophet Muhammad were published in the Danish newspaper, Jyllands-Posten, largely associating Islam with terrorism. Regarding the cartoons the special rapporteur said that they had revealed how much the defamation of religions has become trivialised. The initial reaction of the Danish Government, which was to refuse to adopt an official stance, reflected a failure of commitment and vigilance in combating religious intolerance and incitement to religious hatred. The political and ideological context in which the cartoons were published; the signing of an accord between the Danish Government and the far-right Danish People s Party restricting access to Danish citizenship and the fact that this party holds 13 per cent of the seats in Parliament, illustrate how the increasing prominence of far-right racist and xenophobic platforms in traditionally democratic political programs facilitates trivialisation of racism and xenophobia. The special rapporteur held that the republication of the cartoons in European newspapers is out of step with international norms that seek an appropriate balance between freedom of expression and religious freedom and exemplifies the responsibility of certain media outlets for conflating Islam with terrorism, thereby contributing to the resurgence of Islamophobia. It was noted in the report that in reply to a joint letter with the Special Rapporteur on freedom of religion or belief, the Danish Government indicated that it condemned any expression or action that attempted to demonise groups of by a responsibility not to incite hatred or cause fragmentation of the Danish community. The special rapporteur set out six key recommendations urging all states: To express and demonstrate a firm and determined political commitment to combating all forms of defamation of religions in general and to take action to deal with the upsurge in Islamophobia in particular. To advocate peaceful dialogue and condemn all forms of violence and confrontation in resolving religious tensions. To combat and sanction any attempt to seriously conflate Islam with violence and terrorism. To promote dialogue between cultures and religions through the promotion of in-depth knowledge of each other s religious and cultural traditions, and through political, social and cultural initiatives of interactions and cross-fertilisation of ideas between different communities and their cultural and religious traditions. The Commission (now the Council) should encourage all relevant treaty bodies to examine the question of the interpretation of existing norms on freedom of expression, religious freedom and non-discrimination, and reflect on whether additional standards are needed for that purpose. The Commission (now the Council) should call on the Special Rapporteur to submit a regular report on defamation of religion.

4 2. The High Commissioner s report Combating Defamation of Religions This report provides information on the follow-up actions taken by States, the UN system, human rights mechanisms, and OHCHR that aim at promoting dialogue among civilisations and religious tolerance. In 2005, the Office of the High Commissioner for Human Rights inviting the Member States to submit their contributions on the following issues: racist and xenophobic ideas and material aimed at any religion, that constitute incitement to discrimination, hostility or violence; (b) legal and constitutional guarantees aimed at protecting against acts of hatred, discrimination and coercion resulting from defamation of religions; (c) measures promote tolerance and respect for all religions; (d) education of public officials, ensuring that they respect different religions and beliefs and do not discriminate on the grounds of religion and belief; (e) equal access to education for all; (f) actions aimed at supporting and promoting a global dialogue for a culture of peace and tolerance based on respect for human rights and religious diversity. The OHCHR received replies from 13 Member States: Argentina explained that the National Institute against Discrimination, Xenophobia and Racism created in 1995 has recently been tasked with implementing the National Plan of Action against Discrimination; Azerbaijan explained that it was making efforts to combat religious intolerance and xenophobic and anti- Semitic propaganda within the framework of domestic legislation and international conventions. In 2001, Azerbaijan established the State Committee for Work with Religious Institutions; The constitution of the Bolivarian Republic of Venezuela guarantees freedom of religion and the right to profess freely one's own belief; Bolivia has undertaken a reform of the educational system, which emphasises training on social and ethical responsibility. Many measures are underway to promote diversity and tolerance in the education system; The constitution of Colombia guarantees the freedom of religion, the right to freely profess one's own belief, and the equality of every religion and church before the law; The constitution of Costa Rica guarantees the freedom of religion or belief and several legal and policy instruments have been adopted and enacted to prohibit discrimination on any ground; Denmark explained that it gives high priority to the fight against discrimination and that the dissemination of information, by which a group of people is threatened, insulted or degraded because of race, colour, national or ethnic origin, or religion, is prohibited by law. The Government is providing training on religious tolerance for public officials. It has also published an Action Plan to Promote Equal Treatment and Diversity and Combat Racism, as well as additional projects promoting tolerance and respect for all religions; Estonia's constitution guarantees freedom of conscience and religion and provides protection against acts of hatred or discrimination resulting from defamation of religion. The promotion of tolerance and respect for all religions is carried out at various levels, such as the school system and public institutions; Georgia's constitution recognises the special importance of the Georgian Orthodox Church but also provides for complete freedom of religion. The Government explained

5 that the society's attitude towards violence motivated by religion is changing and that it is becoming clear that such actions are inadmissible; Lithuania explained that there are signs of Islamophobia in the public sphere of media and negative attitudes are increasing towards immigrants and refugees. The parliament has condemned these signs and in 2002, a National Plan on the Promotion and Protection of Human Rights was approved; In 2003, Mexico adopted a federal law for the prevention and elimination of discrimination, which provided for the creation of a National Council to Prevent Discrimination. There is also a National Forum on Religious tolerance and an Inter- Religious Council of Mexico. The authorities have organised training on religious issues, inter-religious dialogue has been fostered, and a public national enquiry was launched in 2005 to examine discrimination. There have also been media campaigns promoting religious tolerance; The constitution of the Russian Federation forbids any propaganda inciting social, racial, national or religious hatred. The Government is also in the process of implementing a series of measures to promote peace, fight xenophobia, and national and religious intolerance; Ukraine's constitution provides for the separation of the State and the Church, and the school and the Church. It also guarantees freedom of personal philosophy, religion and conscience. National legislation ensures protection against acts of hatred, discrimination and violence resulting from defamation of religion Actions and events by the UN The United Nations Secretariat launched a initiative called Alliance of Civilizations. This initiative intends to respond to the need for a committed effort by the international community - both at the institutional and civil society levels - to bridge the gap between Islamic and Western societies and overcome prejudices, misconceptions and polarizations, which potentially threaten world peace. The movement also aims to advance mutual respect for religious beliefs and traditions, serving as a coalition against extremists by addressing emerging threats emanating from hostile perceptions that foment violence, and by bringing about cooperation among various efforts to heal such divisions. UNESCO is working towards textbooks for the twenty-first century, which need to reflect more inclusive pedagogies and diversified content, which not only influence academic knowledge, but also engage learners in interactions leading to the acquisition of life skills and universally shared values within a human rights perspective. Textbooks present an opportunity for engaged dialogue between students, between teachers, by extension between students and their families and ultimately between cultures. Textbook revisions need to focus on the portrayal of gender stereotypes, the portrayal of other cultures and other nationalities and also on the role of the teacher in interpreting and developing textbook materials that are unbiased and free from stereotypes. The UNESCO Cairo Office organized with a number of partners in December 2004, the very first interregional conference on history textbooks: Euro-Arab dialogue: the image of Arabo-Islamic culture in European history textbooks. ( of November, another conference)

6 Conclusion However the High Commissioner concluded that despite steps taken by Member States, the UN system and the wider international community to counter religious intolerance, serious instances of intolerance and discrimination on the grounds of religion or belief are increasing, the most aggressive manifestation of which is increasing defamation of religion. There is a need for further efforts by States, and for States to strategise and harmonise actions at all levels including through legislative, educational and policy measures. 3. Special Rapporteur Deine s Oral statement to the Council In his statement to the Council the special Rapporteur said that the analysis of the increasing trend in defamation of religions cannot be dissociated from a profound reflection both on the current political and ideological context and on the ominous trends of racism, racial discrimination, xenophobia and related intolerance which in turn fuel and promote racial and religious hatred. The special Rapporteur said that combating terrorism has two consequences. First, that, human rights are interpreted and implemented as an absolute and isolated principle according to this interest. The principles of contradiction and confrontation, rather than conciliation and accommodation are progressively determining the approach to and the reading of different human rights. Second, the emergence of new forms of discrimination based on two main national issues that governments consider to be threatened by terrorism: security and identity. According to the special rapporteur the understanding of this political and ideological context, which favours the incitement to racial and religious hatred, is key in the analysis of the close link existing between the issue of defamation of religion and the right to freedom of expression. He concluded by saying Incitement to racial discrimination and other related intolerance and the defamation of religions and religious hatred are often observed as two interconnected issues. Discrimination and intolerance against religious communities are facilitated in an environment where religions and beliefs are degraded or maligned through a deliberate intellectual and/or political discourse which demonizes them. Intolerance to any form and expression of religion is becoming a very negative consequence of certain forms of radical secularism. 4. Special Rapporteur Jahangir s Oral statement to the Council The special Rapporteur on freedom of religion or belief drew in her speech a distinction between defamation of religions by state actors and by non-state actors. According to her adverse comments about the beliefs of religious groups by public figures and state officials have a significant repercussions and implications. Defamation of religions by non-state actors gives rise to a more complex situation. The special Rapporteur also distinguished between different types of expressions; theological analysis, satire, disparaging comments, incitement to violence against members of a religious group. She said that while offensive expressions may not result in direct human rights violations they can indirectly stigmatize and encourage climate of intolerance. The special Rapporteur expressed that she did not believe that laws that criminalize offensive forms

7 of expression, which fall short of direct incitement to violence or discrimination, are the answer. She suggested that positive steps be taken to create a tolerant and inclusive environment where all religions can be exercised free of discrimination or stigmatisation so that they acquire the confidence to refute controversial expressions made against their beliefs. 5. Member states comments The Organization of the Islamic Conference In its statement the OIC (which represents most Muslim member states) put forward four proposals; that the council in its relevant resolutions and decisions should reject the conflation of Islam with violence and terrorism and promote religious multiculturalism. It should appeal to UN member states to deter and discourage antagonism against Islam; that the council in its next session should organize a high level segment to focus on the incitement to racial and religious hatred and promotion of tolerance; that the council members should start consultations to examine the possibility of drafting a convention to combat defamation of religions and to promote religious tolerance; the council should use its influence to act as a catalyst in the dialogue of civilizations. The EU The EU in its statement said that it beliefs that promoting tolerance and freedom of religion or belief is best addressed in a comprehensive manner, based on and reaffirming equal promotion and protection of all human rights.