Action on Draft Resolution on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance
In a resolution (A/HRC/10/L.2/Rev.1) on combating defamation of religions
, adopted by a vote of 23 in favour, 11 against, and 13 abstentions, the Council strongly deplores all acts of psychological and physical violence and assaults, and incitement thereto, against persons on the basis of their religion or belief, and such acts directed against their businesses, properties, cultural centres and places of worship, as well as targeting of holy sites, religious symbols and venerated personalities of all religions; notes with deep concern the intensification of the overall campaign of defamation of religions and incitement to religious hatred in general, including the ethnic and religious profiling of Muslim minorities in the aftermath of the tragic events of 11 September 2001; expresses deep concern in this respect that Islam is frequently and wrongly associated with human rights violations and terrorism and regrets the laws or administrative measures specifically designed to control and monitor Muslim minorities; deplores the use of the print, audio-visual and electronic media, including the Internet, and any other means to incite acts of violence, xenophobia or related intolerance and discrimination against any religion, as well as the targeting of religious symbols and venerated persons; emphasizes that, as stipulated in international human rights law, the exercise of freedom of expression carries with it special duties and responsibilities and may therefore be subject to limitations only as provided for by law and are necessary for respect of the rights or reputations of others, protection of national security or of public order, public health or morals and general welfare; urges all States to apply and, where required, reinforce existing laws when xenophobic or intolerant acts, manifestations or expressions occur, in order to deny impunity for those who commit such acts; urges all States to provide, within their respective legal and constitutional systems, adequate protection against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions and incitement to religious hatred in general, and to take all possible measures to promote tolerance and respect for all religions and beliefs; calls for strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels; requests the Special Rapporteur on contemporary forms of racism to report on all manifestations of defamation of religions, and in particular on the serious implications of Islamophobia, on the enjoyment of all rights by their followers, to the Council at its twelfth session; and requests the High Commissioner to report to the Council at its twelfth session on the implementation of the present resolution, including on the possible correlation between defamation of religions and the upsurge in incitement, intolerance and hatred in many parts of the world.
The result of the vote were as follows:
In favour (23): Angola, Azerbaijan, Bahrain, Bangladesh, Bolivia, Cameroon, China, Cuba, Djibouti, Egypt, Gabon, Indonesia, Jordan, Malaysia, Nicaragua, Nigeria, Pakistan, Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, and South Africa.
Against (11): Canada, Chile, France, Germany, Italy, Netherlands, Slovakia, Slovenia, Switzerland, Ukraine, and United Kingdom.
Abstentions (13):Argentina, Bosnia and Herzegovina, Brazil, Burkina Faso, Ghana, India, Japan, Madagascar, Mauritius, Mexico, Republic of Korea, Uruguay, and Zambia.
ZAMIR AKRAM ( Pakistan ), speaking on behalf of the Organization for the Islamic Conference introducing the draft resolution on combating defamation of religion, said the draft highlighted the continuing phenomenon of religious hatred and incitement of hatred of religious followers. The draft highlighted the importance of dialogue to prevent the incitement of religious hatred. Defamation of religion led to causes which led to incitement of hatred, which in turn affected the fundamental freedoms and rights of individuals, and it was important to deal with the causes, as well as the effects. This was a serious affront to human dignity and subjected people to hatred, discrimination and violence. The recent negative references to Islam and Muslims reflected the hatred of many in the world. The targeting of Islam and Muslins did not exclude other religions and individuals from a similar experience. The draft expressed concern at the negative stereotyping of religions and defamation of religions, and the use of electronic media to condemn and incite hate to religions and their followers. The draft resolution called on all States within their respective legal systems to provide protections counter to religious hatred or incitement of religious hatred. In addition, Member States were reminded of their obligations in this regard under the United Nations Global Anti Terrorist Strategy.
KONRAD SCHARINGER ( Germany ), speaking on behalf of the European Union , said that the European Union firmly believed in the freedom of expression and freedom of belief. The European Union also thought that dialogue could help to overcome difference. However, it regretted that such dialogue did not take place in the Council. The European Union thought it was problematic to reconcile defamation with discrimination. Discrimination clearly fell within the scope of human rights. It had to be stressed that the International Covenant on Civil and Political Rights firmly forbade any form of incitement of religious hatred. A broader and firmly rights based text would be better in that context. Defamation of religion should not be addressed within a human rights approach. Specific religions should not protected. The European Union condemned instances of Islamophobia, Chrisitianophobia and other religious hatred and invited others to show their commitment to combat religious intolerance. The European Union stressed that religious hatred was worldwide and not limited to certain religions and beliefs. The European Union would vote against the text.
ARCANJO MARIA DO NASCIMENTO ( Angola ), speaking in an explanation of the vote before the vote, said that Angola believed in the sanctity of freedom of expression, and that it should be fully protected by the State. However, it should not be used for acts of incitement to religious hatred which could lead to stigmatisation of communities with possible negative effects on the enjoyment of human rights by those communities. It was necessary to respect the right of anyone to enjoy their religion or belief without marginalization. Last year Angola had some problems with this resolution, and welcomed the approach taken this year to make a more balanced resolution, taking into account the need to protect all religions without exception. Consequently, Angola would vote in favour of the resolution.
TERRY CORMIER ( Canada ), speaking in an explanation of the vote before the vote, expressed appreciation to Pakistan for the open consultation held, and in which Canada had engaged in and voiced concerns in a constructive manner, and in order to help bridge understanding in the Council. It was a matter of great concern all over the world. The harmful stereotyping of persons based on religion or belief should be denounced. Canada condemned all forms of religious hatred and called on all States to adhere to tolerance of all religions, cultures and ethnicities around the world. Canada said it was an individual who had rights and hence defamation of religion as an issue discussed under the Human Rights Council was beyond its scope and would jeopardize freedom of expression. In addition, the current resolution continued to focus on one religion above all others. For those reasons, among others, Canada would vote against the draft resolution.
CARLOS PORTALES ( Chile ), speaking in an explanation of the vote before the vote, said that the only subjects to international law were human beings. The norms were geared to human beings, including the freedom of religion and the freedom to believe in a religion or not. The different religions were not subject to international law. There was a fundamental difference between criticism and attacks on individuals due to their adherence to a particular religion or beliefs. The International Covenant on Civil and Political Rights set forth that people would enjoy equal protection and prohibited incitement to religious hatred. Chile as a country with a variety of religious beliefs, would vote against the draft resolution.
GOPINATHAN ACHAMKULANGARE ( India ), speaking in an explanation of the vote before the vote, said India remained firmly opposed to attempts of negative stereotyping and defamation of any religion, but had reservations on the draft resolution, as it inappropriately sought to focus mainly on one religion. Not only did all religions face some of the problems mentioned in the resolution to varying degrees, but this issue was best viewed under the issues of freedom of religion or others. India would abstain on the resolution owing to the manner in which the issue was dealt with.
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