UN

ECLJ Participates in U.N. Expert Seminar on "Defamation of Religions"

By ECLJ1243540754090

(Strasbourg, France) - The European Centre for Law and Justice (ECLJ) took part in the expert seminar on “defamation of religions” convened by the Office of the High Commissioner for Human Rights (OHCRH), at the United Nations headquarters, in Geneva on October 2nd and 3rd.

The objective of the seminar was to address the underlying human rights concerns and threats behind “defamation of religions”. The concept of “defamation of religions” has been promoted at the U.N. since 1999 by the Organization of the Islamic Conference (OIC) in order to limit freedom of expression, provide an international legality to repressive laws working against religious minorities, and prohibit speeches critical of Islam.

In order to address the OIC initiative, the OHCRH tried to limit the approach of the debate on a purely human rights law perspective, based on the existing norms. In this sense, the seminar undertook a legal interpretation of articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR – see below), in regard to the links between Freedom of Expression and incitement to religious hatred.

During the debate, the OIC representative and member States (leaded by Egypt, Algeria and Pakistan) joined by the former U.N. Special Rapporteur on Contemporary Forms of Racism, asked for new legislation, or, at least, a new official interpretation of Articles 19 and 20 of the ICCPR.

Whereas article 20-2 of the ICCPR, prohibiting “any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence”, is intended to protect the religious minorities, the Islamic States are willing to use its provision in order, in Western countries, to forbid any criticism of Islam. The OIC considers events, such as the publishing of the “Danish caricatures”, have violated religious freedom and constituted advocacy of religious hatred not because it has incited violence towards a targeted group, but because violence has resulted from the targeted group.

The OIC also wants to use article 20-2, in conjunction with the “public order” legislation under article 19-3b of the ICCPR, in order to reinforce the protection of Islam against religious minority groups in Muslim countries.

During the discussions, the ECLJ argued that countries willing to impose the Islamic concept of religious freedom are the same countries that do not respect religious minorities, especially Christian minorities.  It is the hope of the ECLJ that Western delegations – lead by France and the United States – will strongly oppose any new interpretation of the ICCPR that is contrary to both freedom of speech and religion.  The U.S. noted that it has never accepted article 20 of the ICCPR.

As a final response, the Egyptian and Indonesian ambassadors targeted what the OIC calls the “Western double standards” (i.e. accepting the prohibition of “Holocaust denial” while not permitting the prohibition of “Islamophobia” and critics over Islam.)  The ECLJ notes that the discussion of “Holocaust denial” seems to be the next step in the Islamic strategy.

The ECLJ delivered an oral statement before the Human Right Council of the United Nations On September 23, 2008 on the issue of "Defamation of Religions" and "Islamophobia".

The ECLJ oral statement was presented in French.  You can read an English translation of the remarks here

You can watch the oral presentation here.  (scroll down to European Centre for Law and Justice and click on "English")

In June, the ECLJ had already been invited to submit to the U.N. High Commissioner of Human Rights a detailed legal analysis on the same issue. You can read the analysis here.  

The European Centre for Law and Justice (ECLJ) is an international law firm focusing on the protection of human rights and religious freedom in Europe and worldwide.  The ECLJ is affiliated with the American Center for Law and Justice (ACLJ) which focuses on protecting religious freedom in the United States. Attorneys for the ECLJ have served as counsel in numerous cases before the European Court of Human Rights.  Additionally, the ECLJ has special Consultative Status with ECOSOC of the United Nations, and is accredited to the European Parliament.



Articles 19 and 20 of the International Covenant on Civil and Political Rights:

Article 19:
“1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order, or of public health or morals.”

Article 20:
“1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”

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