You Can’t Say That

Anne Bayefsky, Weekly Standard, October 5, 2009

The Obama administration has marked its first foray into the UN human rights establishment by backing calls for limits on freedom of expression. The newly-minted American policy was rolled out at the latest session of the UN Human Rights Council, which ended in Geneva on Friday. American diplomats were there for the first time as full Council members and intent on making friends.

President Obama chose to join the Council despite the fact that the Organization of the Islamic Conference holds the balance of power and human rights abusers are among its lead actors, including China, Cuba, and Saudi Arabia. Islamic states quickly interpreted the president’s penchant for “engagement” as meaning fundamental rights were now up for grabs. Few would have predicted, however, that the shift would begin with America’s most treasured freedom.

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The new resolution, championed by the Obama administration, has a number of disturbing elements. It emphasizes that “the exercise of the right to freedom of expression carries with it special duties and responsibilities . . .” which include taking action against anything meeting the description of “negative racial and religious stereotyping.” It also purports to “recognize . . . the moral and social responsibilities of the media” and supports “the media’s elaboration of voluntary codes of professional ethical conduct” in relation to “combating racism, racial discrimination, xenophobia and related intolerance.”

Pakistan’s Ambassador Zamir Akram, speaking on behalf of the Organization of the Islamic Conference, made it clear that they understand the resolution and its protection against religious stereotyping as allowing free speech to be trumped by anything that defames or negatively stereotypes religion. The idea of protecting the human rights “of religions” instead of individuals is a favorite of those countries that do not protect free speech and which use religion–as defined by government–to curtail it.

Even the normally feeble European Union tried to salvage the American capitulation by expressing the hope that the resolution might be read a different way. Speaking on behalf of the EU following the resolution’s adoption, French Ambassador Jean-Baptiste Mattéi declared that “human rights law does not, and should not, protect religions or belief systems, hence the language on stereotyping only applies to stereotyping of individuals . . . and not of ideologies, religions or abstract values. The EU rejects the concept of defamation of religions.” The EU also distanced itself from the American compromise on the media, declaring that “the notion of a moral and social responsibility of the media” goes “well beyond” existing international law and “the EU cannot subscribe to this concept in such general terms.”

In 1992 when the United States ratified the main international law treaty which addresses freedom of expression, the government carefully attached reservations to ensure that the treaty could not “restrict the right of free speech and association protected by the Constitution and laws of the United States.”

The Obama administration’s debut at the Human Rights Council laid bare its very different priorities. Threatening freedom of expression is a price for engagement with the Islamic world that it is evidently prepared to pay.

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