On Nov 24 the UN General Assembly adopted a final draft Resolution with 85 countries affirmative to 50 negative and 42 abstaining, calling on all countries to provide “adequate protection against acts of hatred resulting from defamation of religions and the incitement to religious hatred in general”.
The US Government representative submitted against the Resolution:
While deploring hateful speech, his Government had a strong view that people should be free to express their opinion in challenge to an ideology of hate. He believed that some States were seeking to restrict expression in the name of defamation of religion, when they should be promoting dialogue involving all peoples. The language appeared to suggest that, like race, one’s religion was a characteristic that one could not change, which was in direct conflict to Article 18 of the Universal Declaration, which said that individuals had a right to change and choose their religion, and to manifest their beliefs through its teaching, practice and observance, or to choose not to practice a religion at all. It was unhelpful and incorrect to suggest that race and religion were the same.
On behalf of the EU, France’s delegate, also responded opposing the Resolution:
… the European Union believed that human rights were indivisible. The right to freedom of expression was at the essence of the right to thought, conscience and beliefs … it was necessary to make distinctions between incitement to religious hatred and the right to discuss or criticize religion, adding that only the former should be forbidden. … He also could not accept the idea of defamation of religion being integrated into the human rights framework. International human rights law should be aimed at protecting people in exercising their freedom of religion, not in protecting religions, as such.
Australia voted too against the adoption of the draft Resolution, which will reach a final vote in the General Assembly this month.
In 2004, Abdelfattah Amor (Special Rapporteur on Freedom of Religion or Belief) identified two cases of concern ‘… when religion is the property of the state, and when the state is the property of religion’, in which light, theistic and totalitarian states are problematic.
After several years of intimidation and death threats, Danish publisher Flemming Rose yesterday said:
This is a global struggle for the right to free speech, which is going on every day in different parts of the world where people are trying to intimidate and silence those who are critical of religion, of authoritarian regimes and movements trying to undermine free speech.
We have to make it very clear that on a global level people who are in favor of free speech have to unite in order to get rid of all kinds of laws around the world that limit the right to free speech — blasphemy laws, laws protecting dictators, laws which are being used to silence people who are critical … in a democracy, you cannot insist on special treatments of your religious feelings. That would be discrimination against non-believers. You have to accept that from time to time you may be offended by what people are saying or publishing in a newspaper, and that this is no reason for violence. Dissatisfaction can be expressed through demonstrations, letters to the editor, lobbying parliament.
The Fringe has a fair idea most people, religious or not, have idiosyncratic beliefs of some sort or another and they are welcome to them, along with any associated legal group hugs. Yet whilst applauding the value of a pluralist society, when those who base their particular world views and rule sets on unprovable faith wish to institutionalise these in bodies politic in order to impose them on unwilling others, the Fringe detector fires up.
The proverbial road to hell is paved with good intentions. Kevin Rudd clearly understands the political aspects of Christianity:
… the Gospel is both personal and social. And if it’s social it therefore has a political dimension as well.
Through High Court decisions, Australians have ‘implied freedom of political communication’.
Issues arising from these decisions include defining when communication is ‘political’ and when the freedom should prevail over competing public interests.
Does the spectacle over the past few years of the ALP ‘engaging’ with fundamentalists to woo votes ‘in the suburbs of outer metro Australia’ echo events leading to the DLP split, after which Labor spent more than 20 years in the wilderness?
The Rudd team’s pragmatism may have helped secure electoral victory when there was a ‘desire for certainty in an uncertain country in an uncertain age, in an uncertain world’ concurrent with a major growth spurt in the pentecostal movement. Climates of fear seem to encourage fundamentalism.
However, continuing to accommodate the political goals of the modern, corporatised, morality-obsessed religious right – with a post-secular public intellectual moralist on the left flank – steering Australians ‘beyond the questions of personal, sexual morality into the broader social domain as well’, may run the risk of alienating adherents of healthy scepticism predominant in Australian culture, with a heavy price to pay down a one-way track. Not to mention the old adage that if ‘you lie down with dogs, you tend to get up with fleas’.
Submissions to the Australian Human Rights Commission Freedom of Religion and Belief in the 21st Century Discussion Paper are open till Jan 31, 09. The paper canvasses amongst many issues whether a legislated national Charter of Rights would add to the freedoms of religion and belief contained in the present Australian Constitution.
Section 116 of the current Commonwealth of Australian Constitution Act states that:
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.
Questions in the discussion paper germane to religion and politics include:
- When considering the separation of religion and state, are there any issues that presently concern you?
- Do religious or faith-based groups have undue influence over government and/or does the government have undue influence over religious or faith based groups?
- Would a legislated national Charter of Rights add to these freedoms of religion and belief?
And more:
- a) How would you describe the interface between religion and politics and cultural aspirations in contemporary Australia?
b) What issues does this include?
- How should government manage tensions that develop between aspirations?
- How do you perceive gender in faith communities?
- Do you believe there is equality of gender in faith communities?
- What do you think should be the relationship between the right to gender equality and the right to religious freedom in Australia?
- Citizenship and Australian values have emerged as central issues, how do you balance integration and cultural preservation?
- What are reasonable expectations to have of citizens’ civic responsibility, rights, participation and knowledge?
- Is there a role for religious voices, alongside others in the policy debates of the nation?
Of contemporary interest related to the Rudd government’s predilection with censoring the internet is this question:
Are there religious or moral implications in the development of new technologies such as the internet and or mobile phones, especially in regard to religious vilification and hatred?
Is it of concern that the proposed HREOC Religious Freedom Act appears to move beyond protection of individual belief to protection of group beliefs?
R2.5
For the purposes of the Religious Freedom Act, religion and belief should be given a wide meaning, covering the broad spectrum of personal convictions and matters of conscience. It should include theistic, non-theistic and atheistic beliefs. It should include minority and non-mainstream religions and belief systems as well as those of a more traditional or institutionalised nature. Religion or belief should be defined as a particular collection of ideas and/or practices:
- that relate to the nature and place of humanity in the universe and, where applicable, the relation of humanity to things supernatural
- that encourage or require adherents to observe particular standards or codes of conduct or, where applicable, to participate in specific practices having supernatural significance
- that are held by an identifiable group regardless of how loosely knit and varying in belief and practice
- that are seen by adherents as constituting a religion or system of belief.
The definition should not apply to all beliefs but only to those that clearly involve issues of personal conviction, conscience or faith. This definition would not cover beliefs which are caused by mental illness or which are motivated by criminal intent.
R2.6
The obligations in the Religious Freedom Act should apply to individuals, corporations, public and private bodies and all other legal persons who maybe subject to Commonwealth legislation.
R3.15
The federal Attorney-General’s department should convene an inter-faith dialogue:
- to examine the question of methods of coercion in religious belief and practice and how they should be dealt with
- to consider whether legal limitations should be imposed on religious groups regarding coercive tactics
- to formulate an agreed list of minimum standards for the practice of religious groups
R5.3
The proposed Religious Freedom Act should proscribe the advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence as required by ICCPR article 20. The Act should exempt from the proscription of religious vilification, acts done reasonably and in good faith:
- in the performance, exhibition or distribution of an artistic work
- in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest, or
- in making or publishing a fair and accurate report of any event or matter of public interest
R5.4
The process and remedies available for contravention of the religious vilification provision should be civil remedies similar to those provided for in the racial hatred provisions of the Racial Discrimination Act 1975 (Cth).
The Atheist Foundation of Australia makes good points in respect to religious coercion and the rights of children:
‘Religion’ falls into an entirely different category for it is an aspect of culture. Religion has no intrinsic genetic link. A person’s religion is almost universally determined by infant brainwashing and indoctrination by the parents, carers and culture of the child.
This occurs generation after generation without any evaluation of the validity of the particular religion that is being implanted in the receptive mind.
While there are laws against the physical abuse of children there appears to be none against the far more damaging mental abuse. This should not be and is a serious flaw apparent in the legislation of every country.
Furthermore:
The A.F.A accepts the scientific viewpoint that there is no evidence of anything supernatural and until some factual evidence is produced this is the logical viewpoint. The onus of proof lies with the proposer of such a concept.
To posit a belief system on presumed or imagined array of supernatural elements, persons, and places yet be unable to produce a shred of evidence, surely must rate as a scam.
Is the above an example of religious discrimination?
We are protected by law against other scams, so why should religious scams enjoy special protections?
Do religious arguments (i.e. arguments without rational proof) have a place in the Australian parliamentary process, and if so, how can these be balanced against primary arguments for individual rights to free speech and expression? Is there a present danger in Australia of the State becoming ‘the property of religion’ and other bodies of anti-rationalist thought and that ‘defamation of religion’ might be codified by stealth in the proposed Religious Freedom Act?
Cartoonist Kurt Westerguaard, who’s still under police protection after years in hiding, expresses his intimate understanding of religiopolitical phenomena:
Increasing religiosity results in greater intolerance and restrictiveness. Things become complicated when all of life is defined by religion. For those gripped by it and even more for all those who are not.
Life on the Fringe is complicated enough already.
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