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Wednesday, July 26, 2023

The UN just said that burning the Quran is against international law

In 2019, the UN General Assembly passed Resolution 73/328, "Promoting interreligious and intercultural dialogue and tolerance in countering hate speech." It included this paragraph:

Strongly deploring all acts of violence against persons on the basis of their religion or belief, as well as any such acts directed against their homes, businesses, properties, schools, cultural centres or places of worship, as well as all attacks on and in religious places, sites and shrines that are in violation of international law, 

A resolution voted on yesterday thas an identical title. But it has a paragraph that says this:

Strongly deploring all acts of violence against persons on the basis of their religion or belief, as well as any such acts directed against their religious symbols, holy books, homes, businesses, properties, schools, cultural centres or places of worship, as well as all attacks on and in religious places, sites and shrines in violation of international law,

It adds "religious symbols" and "holy books" to what cannot be attacked, and it changes "that are in violation of international law" to "in violation of international law." 

In other words, Pakistan just managed to pass a UNGA resolution that states that burning Qurans is against international law.

There was, by all accounts, a major debate. Spain tried to take out the words "in violation of international law" from the text, but its attempt was voted down, 62-44 with 24 abstentions.

And then the entire resolution was adopted by consensus.

While burning the Quran is something to be condemned, it is not against international law, and this is on the slippery slope of adopting Islamic concepts of blasphemy as something the entire world must adopt. 

The text is in the preamble, and UNGA resolution itself, has no legal effect, but this is still significant - people use the text of UN resolutions as evidence of what international law is.

Two weeks ago, the UN Human Rights Council passed its own resolution that "Calls upon States to adopt national laws, policies and law enforcement frameworks that address, prevent and prosecute acts and advocacy of religious hatred that constitute incitement to discrimination, hostility or  violence, and to take immediate steps to ensure accountability." 

As one critic notes, "One only has to look at some of the 28 states that voted in favor of the (HRC) resolution to realize that the real purpose is not to counter hate speech or foster equality and tolerance, but to provide authoritarian governments cover and legitimacy when suppressing dissent."

There is a thin line between hate speech that could lead to violence - which is incitement - and legitimate criticism. Muslim-majority states are trying to blur that line to force the West to adopt their own bans on blasphemy as international law.

As we saw in the UN yesterday, the West caved. But free speech is not something to give up on. 

I don't have the text of the UNGA resolution, but the UNHRC resolution has at least two other problematic elements.

One is that, as we've seen, any statements against antisemitism are always paired with condemnations of Islamophobia. But the UNHRC resolution, supposedly against religious hatred, mentioned Islamophobia - and not a word about antisemitism. Which makes it pretty obvious that people are not serious about combating antisemitism.

The other is that the UNHRC resolution refers to the Quran consistently as "the Holy Qur’an." The word "Holy" should not be there - the Quran is only holy to Muslims. The insistence of that language indicates again that these resolutions are not meant to fight religious hatred as much as they are to elevate Islam as a belief over others. 



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