Friday, April 8, 2011

The Organization Of The Islamic Conference Vs. Freedom Of Expression

From Europe News:

Organization of the Islamic Conference vs. Freedom of Expression














AINA (press release) 8 April 2011

By Jacob Mchangama



On March 24, the U.N. Human Rights Council adopted a resolution aimed at combating "negative stereotyping" and "intolerance" against persons based on religion or belief. For the first time since 1999, this resolution does not include a condemnation of "defamation of religion," by which the Organization of the Islamic Conference (OIC) has repeatedly sought passage of a global blasphemy law to protect Islam from criticism. This development has been heralded as a major victory for the West and human-rights organizations that have long campaigned against this attack on free speech.



The threat to freedom of expression is however, far from over, and the wording of the adopted resolution includes several worrying elements. That threats to the freedom of expression remain is also confirmed by a new OIC initiative. In a March 30 press release, the OIC promised to present a new draft resolution on the issue of "Islamophobia" at the General Assembly in September. The press release also insisted that the OIC "did not back down from its position" in the Human Rights Council. According to the OIC, it was in fact Western countries that "made a major concession by accepting the new version of the resolution."



Indeed, rather than an admission of defeat, the OIC's acquiescence to the new Human Rights Council resolution should be seen as a change in tactics. The concept of "defamation of religion" has no basis in international human-rights law, which protects individuals, not religions as such. However, international human-rights law does include hate-speech prohibitions that encompass religion. Article 20 of the International Covenant on Civil and Political Rights states that "any advocacy of . . . religious hatred that constitutes incitement to discrimination [or] hostility . . . shall be prohibited by law." The recently adopted resolution includes several references to Article 20. But it also mentions "derogatory stereotyping, negative profiling and stigmatization of persons based on their religion or belief" and "deplores any advocacy of discrimination . . . on the basis of religion or belief." This wording is vague and unclear, and falls well below the threshold established by Article 20, opening this provision for abuse. (...)









Posted April 8th, 2011 by pk

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