Defamation of religion is an issue that was repeatedly addressed by some member states of the United Nations (UN) from 1999 until 2010. Several non-binding resolutions were voted on and accepted by the UN condemning "defamation of religion". The motions, sponsored on behalf of the Organization of the Islamic Conference (OIC), now known as the Organisation of Islamic Cooperation, sought to prohibit expression that would "fuel discrimination, extremism and misperception leading to polarization and fragmentation with dangerous unintended and unforeseen consequences". Religious groups, human rights activists, free-speech activists, and several countries in the West condemned the resolutions arguing they amounted to an international blasphemy law. Critics of the resolutions, including human rights groups, argued that they were used to politically strengthen domestic anti-blasphemy and religious defamation laws, which are used to imprison journalists, students and other peaceful political dissidents.
From 2001 to 2010, there was a split of opinion, with the Islamic bloc and much of the developing world supporting the defamation of religion resolutions, and mostly Western democracies opposing them. Support waned toward the end of the period, due to increased opposition from the West, along with lobbying by religious, free-speech, and human rights advocacy groups. Some countries in Africa, the Pacific, and Latin America switched from supporting to abstaining, or from abstaining to opposing. The final "defamation of religions" resolution in 2010, which also condemned "the ban on the construction of minarets of mosques", four months after a Swiss referendum introduced such a ban, passed with 20 supporting, 17 opposing, and 8 abstaining.
In 2011, with falling support for the defamation of religion approach, the OIC changed their approach and introduced a new resolution on "Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief"; it received unanimous support. The UN Human Rights Committee followed this in July 2011 with the adoption of General Comment 34 on the International Covenant on Civil and Political Rights (ICCPR) 1976 that binds signatory countries. Concerning freedoms of opinion and expression, General Comment 34 made it clear that "Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant". General Comment 34 makes it clear that countries with blasphemy laws in any form that have signed the ICCPR are in breach of their obligations under the ICCPR.
United Nations resolutions Defamation of religion resolutions were the subject of debate by the UN from 1999 until 2010. In 2011, members of the UN Human Rights Council found compromise and replaced the "defamation of religions" resolution with Resolution 16/18, which sought to protect people rather than religions and called upon states to take concrete steps to protect religious freedom, prohibit discrimination and hate crimes, and counter offensive expression through dialogue, education, and public debate rather than the criminalization of speech. Resolution 16/18 was supported by both OIC member countries and Western countries, including the United States.
1999 In April 1999, at the urging of the Organisation of the Islamic Conference (OIC), Pakistan brought before the United Nations Commission on Human Rights a resolution entitled "Defamation of Islam". The purpose of the resolution was to have the Commission stand up against what the OIC claimed was a campaign to defame Islam. Some members of the Commission proposed that the resolution be changed to embrace all religions. The Commission accepted the proposal, and changed the title of the resolution to "Defamation of Religions". The resolution urged "all States, within their national legal framework, in conformity with international human rights instruments to take all appropriate measures to combat hatred, discrimination, intolerance and acts of violence, intimidation and coercion motivated by religious intolerance, including attacks on religious places, and to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief". The Commission adopted the resolution without a vote.
2000 to 2005 In 2000, the CHR adopted a similar resolution without a vote. In 2001, a vote on a resolution entitled "Combating defamation of religions as a means to promote human rights, social harmony and religious and cultural diversity" received 28 votes in favour, 15 against, and 9 abstentions. In 2002, a vote on a resolution entitled "Combating defamation of religion" received 30 votes in favour, 15 against, and 8 abstentions. In 2003, 2004, and 2005, by similar votes, the CHR approved resolutions entitled "Combating defamation of religions".
In 2005, Yemen introduced a resolution entitled "Combating Defamation of Religions" in the General Assembly (60th Session). 101 states voted in favour of the resolution, 53 voted against, and 20 abstained.
2006 In March 2006, the CHR became the UNHRC. The UNHRC approved a resolution entitled "Combating Defamation of Religions", and submitted it to the General Assembly. In the General Assembly, 111 member states voted in favour of the resolution, 54 voted against, and 18 abstained. Russia and China, permanent members of the UN Security Councils, voted for the Resolution.
2007 On 30 March 2007, the UNHRC adopted a resolution entitled "Combating Defamation of Religions". The resolution called upon the High Commissioner for Human Rights to report on the activities of her office with regard to combating defamation of religions.
On 30 March 2007, the UNHRC adopted a resolution entitled "Elimination of all forms of intolerance and of discrimination based on religion or belief". The resolution called upon the Special Rapporteur on freedom of religion or belief to report on this issue for the Human Rights Council at its sixth session.
In August 2007, the Special Rapporteur, Doudou Diène, reported to the General Assembly "on contemporary forms of racism, racial discrimination, xenophobia and related intolerance on the manifestations of defamation of religions and in particular on the serious implications of Islamophobia on the enjoyment of all rights". Among other recommendations, the Special Rapporteur recommended that the Member States promote dialogue between cultures, civilizations, and religions taking into consideration:
On 4 September 2007, the High Commissioner for Human Rights reported to the UNHRC that "Enhanced cooperation and stronger political will by Member States are essential for combating defamation of religions".
On 18 December 2007, the General Assembly voted on another resolution entitled "Combating Defamation of Religions". 108 states voted in favour of the resolution; 51 voted against it; and 25 abstained. The resolution required the Secretary General to report to the sixty-third session of the General Assembly on the implementation of the resolution, and to have regard for "the possible correlation between defamation of religions and the upsurge in incitement, intolerance and hatred in many parts of the world".
2008 On 27 March 2008, the UNHRC passed another resolution about the defamation of religion. The resolution :
21 members were in favour of the resolution; 10 were opposed; 14 abstained.
The High Commissioner presented her report about defamation of, and contempt for, religions on 5 September 2008. She proposed the holding of a consultation with experts from 2 to 3 October 2008 in Geneva about the permissible limitations to freedom of expression in accordance with international human rights law. In another report, dated 12 September 2008, the High Commissioner noted that different countries have different notions of what "defamation of religion" means.
Githu Muigai, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, addressed the UNHRC on 19 September 2008. He delivered the report prepared by Doudou Diène. The report called on Member States to shift the present discussion in international fora from the idea of "defamation of religions" to the legal concept: "incitement to national, racial or religious hatred," which is grounded on international legal instruments.
On 24 November 2008, during the Sixty-third Session, the General Assembly's Third Committee (Social, Humanitarian & Cultural) approved a resolution entitled "Combating defamation of religions". The resolution requests "the Secretary-General to submit a report 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, to the General Assembly at its sixty-fourth session". 85 states voted in favour of the resolution; 50 states voted against the resolution; 42 states abstained.
2009 In February 2009, Zamir Akram, permanent representative of Pakistan to the United Nations Office at Geneva, in a meeting of the Committee on the Elimination of Racial Discrimination, commented on the "defamation of religion". He said "there was an impression that Pakistan was trying to put in place an international anti-defamation provision in the context of the Durban Review Conference". Akram said the impression "was totally incorrect". Akram's delegation said:
In advance of 26 March 2009, more than 200 civil society organizations from 46 countries, including Muslim, Christian, Jewish, secular, Humanist and atheist groups, urged the UNHRC by a joint petition to reject any resolution against the defamation of religion.
On 26 March 2009, the UNHRC passed a resolution, proposed by Pakistan, which condemned the "defamation of religion" as a human rights violation by a vote of 23–11, with 13 abstentions. The resolution:
Supporters of the resolution argued that the resolution is necessary to prevent the defamation of Islam while opponents argued that such a resolution was an attempt to bring to the international body the anti-defamation laws prevalent in some Muslim countries.
On 1 July 2009, Githu Muigai, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, submitted to the UNHRC the report requested by it on 26 March 2009. The report "reiterates the recommendation of his predecessor to encourage a shift away from the sociological concept of the defamation of religions towards the legal norm of non-incitement to national, racial or religious hatred".
On 31 July 2009, the Secretary General submitted to the General Assembly the report that it requested in November 2008. The Secretary General noted, "The Special Rapporteurs called for anchoring the debate in the existing international legal framework provided by the International Covenant on Civil and Political Rights – more specifically its articles 19 and 20." The Secretary General concluded, "In order to tackle the root causes of intolerance, a much broader set of policy measures needs to be addressed covering the areas of intercultural dialogue as well as education for tolerance and diversity."