Is
the US Supporting Calls to Outlaw Supposed Hate Speech?
That's what it looks like, with this Joint U.S./Egypt draft U.N.
Human Rights Council resolution (dated Sept. 2005). The resolution
generally seems to be an attempt to urge more protection for free speech
throughout the world, and some praise it for that; moreover, it lacks
the exception for defamation of religion that some Muslim
countries have urged. It may therefore be a step forward for Egypt, and
an attempt to urge a step forward for some other countries.
But I'm worried that it might be a step backward for our own
constitutional rights, because of what seems to be the U.S. endorsement
of the suppression of any advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or
violence and possibly of negative stereotyping of religions and
racial groups. I say seems to be because some of the language
in the resolution is pretty slippery, and of course it's always possible
that I'm misunderstanding it.
Paragraph 4 of the draft resolution expresses
... concern that incidents of racial and religious intolerance,
discrimination and related violence, as well as of negative stereotyping
of religions and racial groups continue to rise around the world, and
condemns, in this context, any advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or
violence, and urges States to take effective measures, consistent with
their international human rights obligations, to address and combat such
incidents.
Paragraph 6 likewise stresses that condemning
and addressing, in accordance with international human rights
obligations, including those regarding equal protection of the law, any
advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence is an important
safeguard to ensure the enjoyment of human rights and fundamental
freedoms of all, particularly minorities.
Paragraph 10 also expresses regret at the
promotion by certain media of false images and negative stereotypes of
vulnerable individuals or groups of individuals, and at the use of
information and communication technologies such as the Internet for
purposes contrary to respect for human rights, in particular the
perpetration of violence against and exploitation and abuse of women and
children, and disseminating racist and xenophobic discourse or content.
...Read full
article
Update:
Stereotypically Weak Defence of Free Expression
9th October 2009.
Based on
article
from
indexoncensorship.org
The UN Human Rights Council has now passed the resolution condemning
stereotyping of religion. It's a move that flouts freedom of
expression – and it was sponsored by the United States and would surely
be considered unconstitutional under its First Amendmen. The UN Human
Rights Council on 2 October adopted the resolution, which the US had
co-sponsored with Egypt.
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. There is talk that this
OIC resolution will be returning to the UN spotlight later this
year.
While this new Egypt/US 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.