The Women Living Under Muslim Laws (WLUML) international solidarity network is deeply
concerned about the United Nations Resolution on ‘Combating defamation of religions’. On
18 December 2007, the UN General Assembly adopted this resolution recommended by its
Third Committee (Social, Humanitarian and Cultural), and long campaigned for by the
Organisation of the Islamic Conference (OIC), which has a permanent delegation to the
United Nations. In March 2009, the UN Human Rights Council once again passed the
Resolution, which urges the creation of laws in member states to prevent criticism of
religion; while it makes specific mention of Islam, the laws could be applied to all religions
and forms of belief. Members of the Human Rights Council voted 23 in favour of the
Resolution, 11 nations opposed the Resolution and 13 countries abstained.

Ahead of the vote, hundreds of secular, religious, media, women’s and other groups from
around the world appealed to the Council in Geneva to reject the proposals, which were
introduced by the 56-nation of the OIC. Civil society groups have expressed that the
‘combating defamation of religion’ Resolution may be used in certain countries to silence
and intimidate human rights defenders, religious minorities and dissenters, and other
independent voices. In effect this resolution has the potential to dramatically restrict the
freedoms of expression, speech, religion and belief. Item 12, which “Underscores the need
to combat defamation of religions by strategizing and harmonizing actions at local, national,
regional and international levels through education and awareness-raising”, can be used to
silence progressive voices who criticize laws and customs said to be based on religious texts
and precepts. Furthermore, this Resolution will have a disastrous effect on national laws in
several countries that already stipulate they will comply with international treaties on
human rights only if they do not prejudice laws said to derive from Islam.

Women Living Under Muslim Laws maintains that this Resolution has no place in
international law because only individuals – not concepts or beliefs – can be defamed. After
meeting on 9 December 2008 in Athens, the UN Special Rapporteur on Freedom of Opinion
and Expression, Frank LaRue, the OSCE Representative on Freedom of the Media, Miklos
Haraszti, the OAS Special Rapporteur on Freedom of Expression, Catalina Botero, and the
ACHPR (African Commission on Human and Peoples’ Rights) Special Rapporteur on Freedom
of Expression and Access to Information, Faith Pansy Tlakula, released a joint declaration on
defamation of religions, and anti-terrorism and anti-extremism legislation, in which they
stated: “The concept of ‘defamation of religions’ does not accord with international
standards regarding defamation, which refer to the protection of reputation of individuals,
while religions, like all beliefs, cannot be said to have a reputation of their own.”

Human rights are inalienable and indivisible. A resolution which in effect could be used to
prevent constructive debate, criticism, and creative expression has the potential to severely
curtail the rights of the most vulnerable members of society, including women and/or
members of religious, sexual, ethnic minority communities. This Resolution will do nothing
to counter the racism towards and singling out of Muslims. Those supporting this Resolution
are using the very real discrimination faced by minorities due to their religious and ethnic
identities to gravely jeopardize the rights of minority and majority communities alike to the
freedoms of expression and belief or non-belief, the right to reinterpretation of religious
texts and laws, and the freedom to express their sexuality, which they are entitled to under
national and international laws, without fear of repression and punishment.

The International Coalition of Women Human Rights Defenders, of which WLUML is a part,
proclaimed in their statement on the occasion of International Women’s Day 2009: “We
stress the importance of the work done by women human rights defenders to document,
monitor and provide protection for those under attack for their religion or belief as well as
for exercising their right to freedom of expression. We hold these two rights to be interdependent
and mutually reinforcing and note that attempts to limit them on grounds of
‘defamation of religion’ will undermine existing standards, and hinder the work of defenders
by legitimizing targeted attacks on them.”

To adopt this Resolution would effectively place the tenets of religion in a hierarchy above
the rights of the individual. As the protection of fundamental human rights is at the
forefront of the United Nations stated mission and mandate, we demand that the
Resolution on ‘Combating defamation of religions’ be revoked and that the rights to
freedom of expression and belief are upheld and championed by policy-makers and national
governments.

International Coordination Office, P.O. Box 28445, London, N19 5NZ, UK

Tel: +44 207 263 0285 Fax +44 207 561 9882

Email: wluml wluml.org

Website: www.wluml.org