Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide (95 page)

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
.

78
. Frank LaRue, UN Special Rapporteur on freedom of opinion and expression, Miklos Haraszti, OSCE Representative on Freedom of the Media, Catalina Botero, OAS Special Rapporteur on freedom of expression, and Faith Pansy Tlakula, ACHPR Special Rapporteur on freedom of expression and access to information, “Joint Declaration on Defamation of Religions, and Anti-Terrorism and Anti-Extremism Legislation,” December 10, 2008,
http://www.osce.org/documents/rfm/2008/12/35705_en.pdf
. The statement also attempted to set boundaries for laws restricting speech advocating terrorism and regulating media coverage of terrorism.

79
. As noted in Graham, “Defamation of Religions: The End of Pluralism?” 72. See official records of the 70th plenary meeting of the 63rd session of the UN General Assembly, December 18, 2008, A/63/PV.70. The Western block convinced about twenty mainly African and Latin American countries, along with some island states, to end their support; most switched to abstention.

80
. Summary record of the 46th meeting (November 24, 2008) of the Third Committee of the UN General Assembly, 63rd session, distributed January 22, 2009, A/C.3/63/SR.46, pp. 5–7. See also Robert Evans, “Don’t Link Islam to Terror, Islamic Chief Urges,” Reuters, December 19, 2008.

81
. See
Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance, Follow-Up to and Implementation of the Durban Declaration and Programme of Action
, UN Human Rights Council Resolution, March 26, 2009, A/HRC/10/L.2/Rev.1; and Resolution 10/22,
Combating Defamation of Religions
, adopted March 26, 2009, in Draft report of the Human Rights Council on its tenth session, released May 12, 2009, A/HRC/10/L.11, pp. 78–83. Voting was “YES”: Bahrain, Bangladesh, Bolivia, Burkina Faso, China, Cuba, Djibouti, Egypt, Indonesia, Jordan, Kyrgyzstan, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa; “NO”: Argentina, Belgium, Chile, France, Hungary, Italy, Mexico, Netherlands, Norway, Republic of Korea, Slovakia, Slovenia, Ukraine, United Kingdom, United States of America, Uruguay, Bosnia and Herzegovina; “ABSTAIN”: Brazil, Cameroon, Ghana, India, Japan, Madagascar, Mauritius; “ABSENT”: Angola, Gabon. TOTAL: YES: 20, No: 17, Abstentions: 8. This drop in support parallels the General Assembly vote in December 2009, 80 votes for to 61 against, 42 abstaining. This result was the worst ever for the OIC member states and their supporters.

82
. Statement by Mr. Zamir Akram of Pakistan for the OIC at the 5th plenary meeting of the 10th session of the UN Human Rights Council, March 26, 2009,
http://www.un.org/webcast/unhrc/archive.asp?go=090326
.

83
. International Covenant on Civil and Political Rights, available via the Office of the UN High Commissioner for Human Rights at
http://www2.ohchr.org/english/law/ccpr.htm
. Both sections of article 20 were held, without further explanation, to be “fully compatible with the right of freedom of expression as contained in article 19, the exercise of which carries with it special duties and responsibilities,” in Office of the High Commissioner for Human Rights, “General Comment No. 11,” July 29, 1983, paragraph 2,
http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/60dcfa23f32d3feac12563ed00491355?Opendocument
.

84
. International Convention on the Elimination of All Forms of Racial Discrimination, available via the Office of the UN High Commissioner for Human Rights at
http://www2.ohchr.org/english/law/cerd.htm
.

85
. The first U.S. reservation to the covenant states: “That article 20 does not authorize or require legislation or other action by the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.” The sixth U.K. reservation declares: “The Government of the United Kingdom interpret Article 20 consistently with the rights conferred by Articles 19 and 21 of the Covenant and having legislated in matters of practical concern in the interests of public order (ordre public) reserve the right not to introduce any further legislations”; Australia’s reservation follows the same lines. Belgium declares: “Article 20 as a whole shall be applied taking into account the rights to freedom of thought and religion, freedom of opinion and freedom of assembly and association.” Other European states have entered reservations regarding article 20 (1), which concerns propaganda for war, on free expression grounds, but professes no similar concern over 20 (2). See Status of Treaties: International Covenant on Civil and Political Rights, UN Treaty Collection,
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en
;
http://www.bayefsky.com/pdf/usa_t2_ccpr.pdf
;
http://www1.umn.edu/humanrts/usdocs/civilres.html
.

86
. Gordon Duguid, “U.S. to Run for Election to the UN Human Rights Council,” U.S. State Department press release, March 31, 2009,
http://www.state.gov/r/pa/prs/ps/2009/03/121049.htm
, and Patrick Worsnip, “U.S. Elected to U.N. Rights Council for First Time,”
The Washington Post
, May 12, 2009.

87
. In
Brandenburg v. Ohio
, the U.S. Supreme Court established the incitement test under which advocacy of use of force or law violation cannot be prohibited except where such “advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
Brandenburg v. Ohio
, 395 U.S. 444 (1969).

88
. Under federal law, hate crimes are not distinct offenses. They amplify the penalty for traditional crimes in which the perpetrator was motivated by biases considered particularly detrimental to society. See William J. Krouse,
Hate Crime Legislation in the 109th Congress
, Congressional Research Service Report RL 33403 (2009), p. 2. By contrast, European-style hate speech codes can punish hateful utterances standing alone. See, further discussion in chapter on Western law.