Vanguard (Lagos)
Chioma Gabriel
23 October 2009
Nigeria amongst other African countries and Organisation of Islamic Countries, OIC, is proposing what human rights organisations have described as a potentially dangerous bill to the United Nations on "defamation of religion .
The bill was sent to the Ad Hoc Committee for the Elaboration of Complementary Standards in advance of the second session taking place in Geneva from 19 to 30 October 2009
The OIC is proposing the development of "new binding normative standards relating to religious ideas, objects and positions while incorporating contemporary issues" such as "defamation of religions, religious personalities, holy books, scriptures and symbols"; "provocative portrayals of objects of religious veneration as a malicious violation of the spirit of tolerance"; "prohibition of the publication of gratuitously offensive attacks on matters regarded as sacred by the followers of any religion and ; "abuse of the right to freedom of expression in the context of racio-religious profiling".
OIC and the African group are also proposing that a new instrument should provide for the "legal prohibition of publication of materials that negatively stereotypes, insults or uses of offensive language on matters regarded by followers of any religion or belief as sacred ..." and "legal restriction to public insults".
However, this development is being contested by a group of non -governmental organisations made up of the Cairo Institute for Human Rights Studies and Human Rights Watch and other non-governmental organisations.
In a letter dated 20 October 2009, addressed to the UN Ad Hoc Committee for the Elaboration of Complementary Standards, this group of NGOs is expressing concern about the submissions of OIC and the African Group, ( which includes Nigeria) to the Ad Hoc Committee for the Elaboration of Complementary Standards in advance of the second session taking place in Geneva from 19 to 30 October 2009.
The Ad Hoc Committee on Elaboration of Complementary Standards is meeting from the 19th-30th of October to consider how to fill in the "gaps" in the Convention on Discrimination and Language put forth by the African Group and OIC.
The OIC is proposing protection from offensive speech to religion while the African group is proposing that the Ad Hoc Committee defines "Islamophobia", "Anti-Semitism" and "Christianophobia"
But Article 19 and other non-governmental organisations, are contending these proposals.
According to the NGOs, "our concerns about the submissions of the OIC and the African Group are informed by the principles of universality, interdependence and indivisibility of human rights, specifically freedom of expression and equality, as well as established international treaty law on these rights. We also base our comments on the progressive interpretation of international human rights law that supports the mutually reinforcing nature of the rights to freedom of expression and equality.
"Our principal concerns relate to these submissions' apparent inclusion of religions, religious ideas, objects and personalities as subjects that warrant protection under international human rights law.
"Whilst we recognise that a number of individuals and groups face discrimination on the basis of their religion, such proposals for a new convention or additional protocol, if adopted by the Ad Committee, would threaten freedom of expression and equality within states. They would also have an impact upon the international human rights system itself, by obfuscating and distorting the focus of international human rights law since its inception upon individuals and groups.
"As our organizations previously pointed out and as duly noted by the Special Rapporteurs on freedom of religion or belief and on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, does not protect religions per se. Instead, it should be the protection of individuals on the basis of their religion or ethnicity that should be of concern. We note that this position was further reaffirmed by the Outcome Document of the Durban Review Conference that also focuses on protecting the rights of individual believers, rather than belief systems."
Article 19 further contends that if the Ad Hoc Committee follows up on the proposals of the OIC and the African Group, it would completely overlook the necessary role played by freedom of expression in the protection of equality. "Instead, we strongly encourage the Ad Hoc Committee to focus on measures that promote diversity and pluralism, promote equitable access to the means of communication, and guarantee the right of access to information and creating an enabling environment for both freedom of expression and equality."
The human rights groups therefore recommend that the Ad Committee: rejects proposals for a convention or additional protocol that overstep in any way the long-established limits of international human rights law, principles and values which protect individuals and groups, rather than religious ideas, objects and symbols; supports the proper implementation by states of existing international human rights law on freedom of expression, as guaranteed by Articles 19 and 20 of the International Covenant on Civil and Political Rights.
On the proposal by OIC and African group on legal prohibition of publication of material that negatively stereotypes, insults or uses of offensive language on matters regarded by followers of any religion or belief as sacred ..." and "legal restriction to public insults, Article 19 finds " this provision to be extraordinarily broad and would require the sanctioning of any material which stereotypes, insults or offends any believer of any religion.
In this way, critics of religions or religious interpretations, religious dissidents, adherent of minority religions and non-believers would all be criminalized for expressing their opinions. Yet international law has never protected individuals from insults or offences to their religion. Moreover, these concepts would involve largely subjective issues of interpretation as nobody in a diverse society would agree to one common set of acceptable speech. We note that the international law has always protected offensive speech in general precisely because of the subjective nature of the concept."
On the issues of Islamophobia and Christianphobia, Atricle 19 argues that "these categories of phobias relating to Islam, Judaism and Christianity clearly discriminate against believers of other religions and non-believers. They also demand a specific interpretation of particular religions because they assume that these religions were themselves homogenous and uncontested internally, when in fact religious ideas are themselves open to interpretation and dynamic."
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My fellow brothers and sisters, remember that no human man or woman or organization on earth regardless of their temporary power and control can prevent the universal all powerful God from reigning over mankind. Even if people don't believe in God, they will after death when they are judged. God is the Creator of every human being whether that person chooses good or evil. The Supreme God always was, is and shall be.....therefore, human beings are His guests upon the earth and shall each be tested. No man or woman or law can contol the Supreme Ruler of the Universe unless they are living under a false illusion of their inflated egos and the deception that they've allowed to enter into their minds. Good or evil leaders have temporary control of nations, counties, cities, and the laws they pass for good or evil and for profit, power, and control upon the earth. But, they, too, shall grow old, sick and die. All life on earth is temporary, but the soul lives on forever and shall be judged according to his or her good or evil acts against mankind upon the earth.
Therefore, proposed laws that attempt to prevent freedom of religion and punish those human beings for violating such laws are foolish fanatics because no human being can harm the good souls of God's children nor kill the spirit of their beliefs and love for their Creator and their God who they worship and love.