Global Network Initiative - a loss of religious freedom? by Randall Rathbun
If 57 nations of the Organization of the Islamic Conference have their way in the United Nations, and the "Defamation of Religions resolution" is approved, it may be a crime, soon, to publish material on the internet deemed to advocate "religious hatred".
This document states that it is wrong to associate Islam with human rights violations and terrorism, and that it is deplorable to use the internet to incite xenophobia, or related intolerance and discrimination towards Islam (and any other religion) and that defamation of Islam and Muslims must be effectively combatted.
One is forced to ask what motive is guiding terrorists, if not a religious one, which they have said in their very own words?
So how does this affect the internet?
Simple, on October 28, 2008 the Global Network Initiative was publically announced, in their own words "a consortium of companies, civil society organizations, investors and academics" with a "comprehensive collaborative approach to regulate the Information & Communications Infrastructures worldwide for the express purpose of protecting and advancing freedom of expression."
This organization has quietly met for 2 years hammering out an agreement binding upon their members. These members include Microsoft, Yahoo and Google and other major IT players on the world stage.
While proclaming that protection of privacy is their foremost concern and that the GNI advances fundamental human rights, one must read the fine print buried in their "Principles".
What is not apparent is that if the GNI intends to abide by the United Nations "International Covenant on Civil and Political Rights [ICCPR] and article 20 item 2 of the ICCPR which states "Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law." then it will be illegal to post such material on the internet, period!
It appears that a chilling silencing of religious expression on the internet is about to occur, if the Defamation of religion resolution is approved and the GNI promises to abide by its founding principles subservient to the ICCPR articles.
We need to remember that Yahoo was accused of assisting the Chinese government in supplying the identity of "political dissidents". One does not need to imagine what might be next on the horizon.
Caveat Lector!
Reference #1. Global Network Principles URL http://www.globalnetworkinitiative.org/ see Core Commitments - Principles PDF document on left hand column
------------------------------------------------------------------------------- Reference #2 . Global Network Initiative - Principles
Annex A: Definitions
Freedom of Expression: Freedom of expression is defined using Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR):
3. The exercise of the rights provided for in paragraph 2 of this
article carries with it
special duties and responsibilities. It may therefore be subject to
certain restrictions, but
these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
[very similar to Article 19 of International Covenant on Civil and Political Rights, Office of the High Commissioner for Human Rights, United Nations]
Footnote 5
5 The narrowly defined circumstances should be taken from Article 19
of the International Covenant on Civil and Political Rights (ICCPR),
namely the actions necessary to preserve national security and public
order, protect public health or morals, or safeguard the rights or
reputations of others. The scope of permissible restrictions provided
in Article 19(3) of the ICCPR is read within the context of further
interpretations issued by international human rights bodies, including
the Human Rights
Committee and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
7 These Principles have been drafted with reference to the Johannesburg Principles on National Security, Freedom of Expression and Access to Information. The Johannesburg Principles provide further guidance on how and when restrictions to freedom of expression may be exercised
-----------------------------------------------------------------------------------------------------------
Reference #3 - International Covenant on Civil and Political Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 49
Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his
choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre
public), or of public health or morals.
Article 20
General comment on its implementation
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall
be prohibited by law.
------------------------------------------------------------------------------------
Reference #4 - The Johannesburg Principles on National Security, Freedom of Expression and Access to Information, Freedom of Expression and Access to Information, U.N. Doc. E/CN.4/1996/39 (1996).
Principle 6: Expression That May Threaten National Security Subject to Principles 15 and 16, expression may be punished as a threat to national security only if a government can demonstrate that:
(a) the expression is intended to incite imminent violence;
(b) it is likely to incite such violence; and
(c) there is a direct and immediate connection between the expression and the likelihood or occurrence of such violence.
---------------------------------------------------------------------------
Reference #5 - Combatting defamation of religions resolution.(to be voted upon in the United Nations during November or December 2008)
From the United Nations Office of the High Commissioner for Human Rights Combatting defamation of religions Human Rights Resolution 2005/3
[quotes from resolution content]
Alarmed at the continuing negative impact of the events of 11 September 2001 on Muslim minorities and communities in some non-Muslim countries and the negative projection of Islam in the media, and the introduction and enforcement of laws that specifically discriminate against and target Muslims,
Alarmed also at the serious instances of intolerance, discrimination and acts of violence based on religion or belief, intimidation and coercion motivated by extremism, religious or otherwise, occurring in many parts of the world and threatening the enjoyment of human rights and fundamental freedoms,
Noting with concern that defamation of religions is among the causes of social disharmony and leads to violations of human rights, Noting with deep concern the increasing trend in recent years of statements attacking religions, Islam and Muslims in particular, especially in human rights forums, ....
1. Expresses deep concern at negative stereotyping of religions and manifestations of intolerance and discrimination in matters of religion or belief still in evidence in some regions of the world;
3. Notes with deep concern the intensification of the campaign of defamation of religions, and the ethnic and religious profiling of Muslim minorities, in the aftermath of the tragic events of 11 September 2001;
4. Expresses deep concern that Islam is frequently and wrongly associated with human rights violations and terrorism;
5. Also expresses deep concern at programmes and agendas pursued by extremist organizations and groups aimed at the defamation of religions, in particular when supported by Governments;
6. Deplores the use of the print, audio-visual and electronic media, including the Internet, and any other means to incite acts of violence, xenophobia or related intolerance and discrimination towards Islam or any other religion;
7. Recognizes that in the context of the fight against terrorism and the reaction to counter‑terrorism measures, defamation of religions becomes an aggravating factor that contributes to the denial of fundamental rights and freedoms of target groups, as well as their economic and social exclusion;
8. Stresses the need to effectively combat defamation of all religions, Islam and Muslims in particular especially in human rights forums;
9. Urges States to take resolute action to prohibit the dissemination through political institutions and organizations of racist and xenophobic ideas and material aimed at any religion or its followers that constitute incitement to discrimination, hostility or violence; 10. Also urges States to provide, within their respective legal and constitutional systems, adequate protection against acts of hatred, discrimination, intimidation and coercion resulting from defamation of religions, to take all possible measures to promote tolerance and respect for all religions and their value systems, and to complement legal systems with intellectual and moral strategies to combat religious hatred and intolerance;
11. Urges all States to ensure that all public officials, including members of law enforcement bodies, the military, civil servants and educators, in the course of their official duties, respect different religions and beliefs and do not discriminate on the grounds of religion or belief, and that necessary and appropriate education or training is provided;
12. 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;
13. Urges States to ensure equal access to education for all, in law and in practice, including access to free primary education for all children, both girls and boys, and access for adults to lifelong learning and education based on respect for human rights, diversity and tolerance without discrimination of any kind, and to refrain from any legal or other measures leading to impose racial segregation in access to schooling;
14. Calls upon the international community to initiate a global dialogue to promote a culture of tolerance and peace based on respect for human rights and religious diversity and urges States, non-governmental organizations, religious bodies and the print and electronic media to support and promote such a dialogue; 15. Calls upon the United Nations High Commissioner for Human Rights to promote and include human rights aspects in the dialogue among civilizations, inter alia through:
(a) Integrating them into topical seminars and special debates on the positive contributions of cultures, as well as religious and cultural diversity, including through educational programmes, particularly the World Programme for Human Rights Education adopted on 10 December 2004;
(b) Collaboration by the Office of the United Nations High Commissioner for Human Rights with other relevant international organizations in holding joint conferences designed to encourage this dialogue and promote understanding of the universality of human rights and their implementation at various levels;
16. Requests the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to continue to examine the situation of Muslims and Arab peoples in various parts of the world, the discrimination faced by them with regard to access to justice, political participation, respect of cultures, physical assaults and attacks against their places of worship, cultural centres, businesses and properties in the aftermath of the events of 11 September 2001 and to report on his findings to the Commission at its sixty-second session, and to make recommendations to improve their situation; ---------------------------------------------------
