October 19, 2009

Members of the Ad Hoc Committee on the Elaboration of Complementary

Standards

Dear ______:

We are writing to express serious concern about proposals to create new legal
mechanisms or changes to the existing international legal framework to combat
the serious problems of racism, racial discrimination, xenophopia and related
intolerance under consideration by the Ad Hoc Committee for the Elaboration of
Complementary Standards.

A number of United Nations member states have proposed the establishment of

new legal standards, in the form of a convention or an additional protocol to the
International Convention on the Elimination of All Forms of Racial Discrimination,
which would combat “incitement to racial and religious hatred.” The proposals
will be discussed at the upcoming meeting of the Ad Hoc Committee on Monday,
commencing October 19.

We strongly urge the defeat of such proposals and emphasize that any attempts
to address issues of racial or religious hatred conform to existing standards of
international law.

While our organizations are dedicated to fighting racism and other forms of
intolerance, we oppose the creation of new legal mechanisms to address issues
of racial and religious discrimination. As many governments on the committee
have pointed out, existing international norms and standards are fully sufficient
to combat the problem. The current priority should be ensuring their complete
implementation.

In contrast, the establishment of a new legal instrument could have dangerous

repercussions for both freedom of expression and religion. Language used by
Pakistan, writing on behalf of the Organization of the Islamic Conference, to
describe the breadth of a new mechanism is particularly chilling in the limits it
places on freedom of thought, discussion, and belief. According to the submitted
statement, the proposed instrument would include

“Legal prohibition of publication of material that negatively

stereotypes, insults, or uses offensive language on matters
regarded by followers of any religion or belief as sacred or
inherent to their dignity as human beings.”
We fear that a new legal instrument with such a broad range could be subject to
misuse, not least by governments, whose motives for deeming speech offensive
could be driven by political or other considerations. For instance, such broad
language can be used to suppress the views of minority religious groups, whose
views contradict those of the majority.

Moreover, such language implies that religious beliefs themselves will be

extended protection under international law, rather than individuals or groups,
for whom existing international law is designed to protect.

We believe there are numerous other, more appropriate, avenues for addressing
racial and religious hatred. In particular, we encourage greater support for the
existing Special Rapporteurs for Religious Freedom, Racial Discrimination, and
Freedom of Expression, each of whom operates with an explicit mandate to focus on
those issues.

We also emphasize that new complementary standards can be created and

enforced without establishing legally binding documents. Sharing new guidelines or
best practices among countries and organizations could lead to a robust dialogue
that we believe better addresses the real problem of discrimination on the basis of
race, ethnicity, and religious belief.

In a joint statement on April 22, 2009, the Special Rapporteurs for Religious
Freedom, Racial Discrimination, and Freedom of Expression made a similar
argument. They pointed out, “Legal responses, such as restrictions on freedom of
expression alone, are far from being sufficient to bring about real changes in
mindsets, perceptions and discourse…More speech can be the best strategy to
reach out to individuals’ hearts and minds, changing what they think and not
merely what they do.”

Thank you for your attention to this very important issue.

Sincerely,

Freedom House, United States

UN Watch, United States

Wahid Institute, Indonesia

Cc: Members of the Ad Hoc Committee for the Elaboration of Complementary

Standards
 Madame Navenethem Pillay, United Nations High Commissioner for
Human Rights