Representatives of the European Centre for Law and Justice (ECLJ) have been participating in the Sixth Session of the United Nations’ Human Rights Council in Geneva.
GENEVA – September 28
The ECLJ had the opportunity to address the UN Human Rights Council on the problems associated with the most recent report of the Special Rapporteur on Racism and Intolerance on the issue of Defamation of Religion. The report was prepared pursuant to a resolution passed at the 4th session of the Council that required the Special Rapporteur to report “on all manifestations of defamation of religions and in particular on the serious
implications of Islamophobia on the enjoyment of all rights”. This is the latest of a number of resolutions on the issue that have been sponsored by the Organization of Islamic Conference (OIC) countries that seek to restrict any valid criticism of Islam or other religions, and establish a subjective standard for violations of religious freedom. Additionally, this view has also been used to suppress the rights of religious minorities in Muslim-dominated countries by considering any manifestation of religion or belief that is contrary to common interpretations of Shariah law to be blasphemy or defamation of Islam.
Terrence McKeegan, Counsel for the European Centre for Law and Justice, first pointed out that the issue of defamation of religion is under the wrong mandate, and should be transferred from the mandate on racism and intolerance, to the mandate of freedom of religion or belief, where it would be analyzed under the proper framework of international law on religious freedom.
In his statement, McKeegan observed that the chief purpose of international law on religious freedom is to ensure the freedom of religious practice or belief of individuals, as well as protecting individuals from being subject to hatred or violence from others on the basis of their beliefs. Under international law, the standard for determining incitement to hatred or violence has been an objective one, as it looks to the intent of the actor making the speech. McKeegan also noted that the Special Rapporteur on Religion or Belief has stated in her reports that the OIC Defamation of Religion resolutions present a problematic interpretation of the issue that does not square with international law.