Women Living Under Muslim Laws Demands the UN Resolution on Combating
Defamation of Religions be Revoked.
WLUML - International Coordination Office
The Women Living Under Muslim Laws (WLUML) international solidarity network
is deeply concerned about the United Nations Resolution on ‘Combating
defamation of religions’. On 18 December 2007, the UN General Assembly
adopted this resolution recommended by its Third Committee (Social,
Humanitarian and Cultural), and long campaigned for by the Organisation of
the Islamic Conference (OIC), which has a permanent delegation to the United
Nations. In March 2009, the UN Human Rights Council once again passed the
Resolution, which urges the creation of laws in member states to prevent
criticism of religion; while it makes specific mention of Islam, the laws
could be applied to all religions and forms of belief. Members of the Human
Rights Council voted 23 in favour of the Resolution, 11 nations opposed the
Resolution and 13 countries abstained.
Ahead of the vote, hundreds of secular, religious, media, women’s and other
groups from around the world appealed to the Council in Geneva to reject the
proposals, which were introduced by the 56-nation of the OIC. Civil society
groups have expressed that the ‘combating defamation of religion’ Resolution
may be used in certain countries to silence and intimidate human rights
defenders, religious minorities and dissenters, and other independent voices.
In effect this resolution has the potential to dramatically restrict the
freedoms of expression, speech, religion and belief. Item 12, which
“Underscores the need to combat defamation of religions by strategizing and
harmonizing actions at local, national, regional and international levels
through education and awareness-raising”, can be used to silence progressive
voices who criticize laws and customs said to be based on religious texts
and precepts. Furthermore, this Resolution will have a disastrous effect on
national laws in several countries that already stipulate they will comply
with international treaties on human rights only if they do not prejudice
laws said to derive from Islam.
Women Living Under Muslim Laws maintains that this Resolution has no place
in international law because only individuals – not concepts or beliefs –
can be defamed. After meeting on 9 December 2008 in Athens, the UN Special
Rapporteur on Freedom of Opinion and Expression, Frank LaRue, the OSCE
Representative on Freedom of the Media, Miklos Haraszti, the OAS Special
Rapporteur on Freedom of Expression, Catalina Botero, and the ACHPR (African
Commission on Human and Peoples’ Rights) Special Rapporteur on Freedom of
Expression and Access to Information, Faith Pansy Tlakula, released a joint
declaration on defamation of religions, and anti-terrorism and
anti-extremism legislation, in which they stated: “The concept of
‘defamation of religions’ does not accord with international standards
regarding defamation, which refer to the protection of reputation of
individuals, while religions, like all beliefs, cannot be said to have a
reputation of their own.”.
Human rights are inalienable and indivisible. A resolution which in effect
could be used to prevent constructive debate, criticism, and creative
expression has the potential to severely curtail the rights of the most
vulnerable members of society, including women and/or members of religious,
sexual, ethnic minority communities. This Resolution will do nothing to
counter the racism towards and singling out of Muslims. Those supporting
this Resolution are using the very real discrimination faced by minorities
due to their religious and ethnic identities to gravely jeopardize the
rights of minority and majority communities alike to the freedoms of
expression and belief or non-belief, the right to reinterpretation of
religious texts and laws, and the freedom to express their sexuality, which
they are entitled to under national and international laws, without fear of
repression and punishment.
The International Coalition of Women Human Rights Defenders, of which WLUML
is a part, proclaimed in their statement on the occasion of International
Women’s Day 2009: “We stress the importance of the work done by women human
rights defenders to document, monitor and provide protection for those under
attack for their religion or belief as well as for exercising their right to
freedom of expression. We hold these two rights to be inter-dependent and
mutually reinforcing and note that attempts to limit them on grounds of
‘defamation of religion’ will undermine existing standards, and hinder the
work of defenders by legitimizing targeted attacks on them.”.
To adopt this Resolution would effectively place the tenets of religion in a
hierarchy above the rights of the individual. As the protection of
fundamental human rights is at the forefront of the United Nations stated
mission and mandate, we demand that the Resolution on ‘Combating defamation
of religions’ be revoked and that the rights to freedom of expression and
belief are upheld and championed by policy-makers and national governments.
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