Index on Censorship - US hypocrisy on free speech at United Nations

08 Oct 2009

The UN Human Rights Council has passed a resolution condemning “stereotyping of religion”. It’s a move that flouts freedom of expression – and it was sponsored by the United States. Roy W Brown reports

The United States has backed a new UN resolution on free expression which would be considered unconstitutional under its First Amendment — which protects freedom of expression and bans sanctioning of religions.

The UN Human Rights Council on 2 October adopted the resolution, which the US had co-sponsored with Egypt. The US had finally joined the Human Rights Council in June, and its support for the measure reflected the Obama administration’s stated aim to “re-engage” with the UN.

While the new resolution focuses on freedom of expression, it also condemns “negative stereotyping of religion”. Billed as a historic compromise between Western and Muslim nations, in the wake of controversies such the Danish Muhammed cartoons, the resolution caused concern among European members.

“The language of stereotyping only applies to stereotyping of individuals, I stress individuals, and must not protect ideologies, religions or abstract values,” said France’s representative, Jean-Baptiste Mattéi, speaking for the EU. “The EU rejects the concept of defamation of religion.”

France emphasised that international human rights law protects individual believers, not systems of belief. But European members, eager not be seen as compromise wreckers, reluctantly supported the measure.

On the other side of the fault line stood the Organisation of the Islamic Conference (OIC), which lobbied for a measure against “religious defamation”.

“We firmly believe that the exercise of freedom of expression carries with it special responsibilities,” said Pakistan’s delegate, speaking for the OIC. The “defamation” of religion, he said, “results in negative stereotyping of the followers of this religion and belief and leads to incitement, discrimination, hatred and violence against them, therefore directly affecting their human rights.”

Following the OIC’s logic, one could equally apply the language of the resolution to Islamism, a political form which is arguably a “contemporary manifestation of religious hatred, discrimination and xenophobia. It results in negative stereotyping of the followers of other religions and beliefs and leads to incitement, discrimination, hatred and violence against them, therefore directly affecting their human rights.”

The EU also had other worries. European members felt that the provision in the resolution on “the moral and social responsibility of the press” was objectionable in that it went beyond the limited restrictions set out in article 19, the provision on free expression in the International Convention on Civil and Political Rights.

Finally, the EU encouraged the Special Rapporteur on freedom of expression, Frank LaRue, to continue his work. This was an indirect reference to the attacks made against LaRue by several OIC members at the June session of the Human Rights Council. (Read more here)

The Council stopped short of repeating the OIC’s criticisms of the Special Rapporteur but encouraged him to stick to his mandate. That indicates that he should continue to focus on violations of free expression, rather than purported “abuses” of that right.

While this new resolution reflects new efforts by the US to broker compromises between Western and Muslim nations, it also represents an ominous crack in the defences of free expression.

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