ARTICLE 19 welcomes the draft Resolution on the Right to Freedom of Expression proposed by Egypt and the United States at the 12th session of the UN Human Rights Council (HRC), and calls for its adoption following some amendments.
ARTICLE 19 has consistently condemned the concept of “combating defamation of religions”, including at the United Nations, where resolutions which argue that religion should not be criticised have been passed for several years now.
The issue has dominated national and international debates on freedom of expression for many years. It was and still is at the source of violent clashes in the streets of many cities across the world.
From this standpoint, the resolution is a breakthrough. In particular:
• A number of provisions of the draft resolution make reference to the
“international obligations” of states on freedom of expression
• It insists on the importance of freedom of expression, dialogues and debates, and the role of the media in combating racism, xenophobia and related intolerance
• It includes specific paragraphs on media and armed conflicts and the protection of journalists
• Most importantly, the draft resolution omits reference to defamation of religion.
Rights of individual believers, rather than religions
The current draft resolution follows thus on the spirit of the Durban
Review Conference when delegates reaffirmed the importance of freedom of expression in the fight against racism, omitted the concept of defamation of religion, and sought to protect the rights of
individual believers, rather than belief systems.
The draft resolution still presents a weakness of referring to “negative
stereotyping of religions”, a vague and difficult concept which seems to suggest that belief systems (rather than believers) ought to be protected.
ARTICLE 19 recommends further revising of the draft resolution.
The text is a sound basis to seek greater protection for freedom of
expression, within the terms of international human rights law. However, it needs amendments if it is to fulfil its potential to strengthen protection and respect for both the right to freedom of expression and the right for equality. In particular:
• ARTICLE 19 recommends that the text of the resolution be amended with the reference in paragraph 3(bis) “negative stereotyping of religion” omitted, because it weakens the resolution, both in its spirit and letter. Religious believers have a right not to be discriminated against on the basis of their beliefs. They also have the right to be protected against violence and hostility. The current wording, however, does not afford this level of protection to those that are in greater need of it.
• Instead, the text of the draft resolution should borrow from the language agreed at the Durban Review Conference, or that proposed by the Camden Principles of “negative stereotyping of individuals or groups on the basis of their religion or race”. Such new language will in no way impact negatively on the right of believers to be protected against abuses. On the contrary, it will re-enforce it.
You can find other recommendations proposed by ARTICLE 19 here.
The draft resolution does manage to move the terms of the debate around religious defamation, both nationally and internationally. The above proposed amendments will further consolidate these efforts and in particular ensure that both the right of freedom of expression and that of equality are mutually reinforced.
