Durban II Draft 4/15/09

As the Durban II Draft evolved, its redundancy has been reduced, but its objectionable elements remain intact. It singles out Israel for unwarranted condemnation and demands criminalization of truthful criticism of Islam. For those reasons, I urge President Omama and Secretary of State Clinton to stand by the decision to stay away from the Racism Conference We must not lend any legitimacy to that travesty. I urge the House & Senate to pass resolutions condemning the Durban II Draft Document and to refuse to subsidize it with our tax dollars.


Draft outcome document as at 15 April 2009 at 9:00 am as amended by the Chair (4/15/2009)

1. Reaffirms the Durban Declaration and Programme of Action (DDPA), as it was adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001; [adopted ad ref]

Paragraph one is unacceptable because the referenced text singled out Israel for condemnation, ignoring the human rights violations, genocides & racism of other nations. It is also unacceptable because it demands criminalization of criticism of Islam. President Obama recently cited this paragraph as his main reason for deciding not to participate in the conference.

7. Reiterates that poverty, underdevelopment, marginalization, social exclusion and economic disparities as well as foreign occupation are closely associated with racism, racial discrimination, xenophobia and related intolerance and contribute to the persistence of racist attitudes and practices which in turn generate more poverty;

"Foreign occupation" is a code phrase for Israel bashing. The "racist attitudes and practices" which produce poverty flow directly from the Qur'an & hadith.

11. Recognizes with deep concern the negative stereotyping of religions resulting in denial or undermining the rights of persons associated with them and the global rise in the number of incidents of racial or religious intolerance and violence, including Islamophobia, anti-Semitism, Christianophobia and anti-Arabism and urges all the UN Member-States to implement the paragraph 150 of the DDPA ;

Paragraph 11 is a prime example of the pot calling the kettle black. It complains, by code words, of the Danish Cartoons and FITNA. The cartoons depict Moe as a terrorist, which he was, by his own admission. FITNA displays quotes from the Qur'an, juxtaposed with their practical application. The only right impaired by FITNA was the cartoonist's copyright because one cartoon was used without permission. The intolerance and violence belong to the adherents of Islam, who, stirred up by rabble rousing rants at Friday prayer service, rioted in the streets.

The referenced paragraph from the DDPA reads as follows.

150. Calls upon States, in opposing all forms of racism, to recognize the need to
counter anti-Semitism, anti-Arabism and Islamophobia world-wide, and urges all States to take effective measures to prevent the emergence of movements based on racism and discriminatory ideas concerning these communities;

Thus paragraph 11 demands, by reference, that national laws be passed and executed to criminalize criticism of Islam. This demand, which is incompatible with our First Amendment, is another reason for non-participation cited by President Obama.

12. Reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law; reaffirms further that all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination as well as all acts of violence or incitement to such acts shall be declared offence punishable by law, in accordance with the international obligations of States and that these prohibitions are consistent with freedom of opinion and expression;

The first sentence of paragraph 12 is aimed directly at the Danish Cartoons and FITNA. In actual fact, the Qur'an, Islam's canon of sacred scripture, is replete with "religious hatred that constitutes incitement to discrimination, hostility or violence".

Secretary General Ban Ki-moon's condemnation of FITNA makes the matter absolutely clear, leaving no doubt. The last clause in par. 12 is an obvious lie. The intent is to criminalize all criticism of Islam, including its mandates of perpetual war, genocide and terrorism. If we can not discuss the doctrines and practices of our enemy, we can not effectively advocate national defense against Islam's campaign of terror.

15. Expresses its appreciation for progress made in addressing the situation of the victims of racism, racial discrimination, xenophobia and related intolerance identified in the Durban Declaration and Programme of Action, while regretting that racism, racial discrimination, xenophobia and related intolerance, including their contemporary forms and manifestations, still persist;

"Contemporary forms and manifestations" is a code phrase for criticism of Islam. Take note of this declaration contained in the preliminary document. [Emphasis added.]

4. Emphasizes the urgent need to address the scourges of anti-Semitism, Christianophobia, and Islamophobia as contemporary forms of racism as well as racial and violent movements based on racism and discriminatory ideas directed at African, Arab, Christian, Jewish, Muslim and other communities;

Objection to Islam's continual aggression is conflated with racism. You can substitute objection to Islam wherever "racism" or "contemporary forms and manifestations" is printed in the Durban Draft.

16. Acknowledges that there should be no hierarchy among emerging and resurgent forms of racism, racial discrimination, xenophobia and related intolerance and that all victims should receive the same necessary attention and protection, and accordingly appropriate treatment;

Paragraph 16 is part of the effort to wrap Islam in the false mantle of victimhood. In their view, Muslims offended by the Danish Cartoons suffer equally with the Jews murdered by Hitler.

38. Urges States parties to the Convention to withdraw reservations contrary to the object and purpose of the Convention and to consider withdrawing other reservations;

The quote below comes from Wikipedia. It describes our reservation to ICERD.

The U.S. has attached a reservation to its 1994 ratification of the treaty noting that specifically the treaty's restrictions on freedom of speech and freedom of assembly were incompatible with the guarantees of such freedoms incorporated into the First Amendment to the Constitution of the United States.^[20][21]
[Wikipedia]

SECTION 5: Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments hereto, including in light of developments since its adoption in 2001

Remember that "related intolerance" means criticism of and objection to Islam's perpetual aggression.

52. Stresses the need for mobilizing the political will of relevant actors at all levels which is essential to eliminate racism, racial discrimination, xenophobia and related intolerance;

Paragraph 52 is a code expression demanding legislation criminalizing criticism of Islam, in clear contravention of the First Amendment.

53. Reaffirms the positive role that the right to freedom of opinion and expression, as well as the full respect for the freedom to seek, receive and impart information can play in combating racism, racial discrimination, xenophobia and related intolerance;

Paragraph 53 praises the condemned man before executing him. The expressions are Orwellian in the extreme.

54. Calls on States to undertake effective media campaigns to enhance the struggle against all manifestations of racism, racial discrimination, xenophobia and related intolerance, inter alia, by disseminating and giving adequate visibility to the DDPA and its follow-up mechanisms; [adopted ad ref]

55. Calls on States to take effective, tangible and comprehensive measures to prevent, combat and eradicate all forms and manifestations; [adopted ad ref]

Paragraph 54 demands a propaganda campaign. Paragraph 55 demands national legislation to criminalize criticism of Islam.

56. Calls on States to combat impunity for acts of racism, racial discrimination, xenophobia and related intolerance, to secure expeditious access to justice, and to provide fair and adequate redress for victims; [adopted ad ref]

Paragraph 56 translates into a demand for punishment of the cartoonists and Geert Wilders, with legislation allowing Muslims to sue them for "damages".

57. Stresses that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society and stresses further the role these rights can play in fight against racism, racial discrimination, xenophobia and related intolerance worldwide;

Paragraph 57 shows us how clever the OIC thinks they are;. giving faint praise before wielding their sword.

59. Urges States to punish violent, racist and xenophobic activities by groups that are based on neo-Nazi, neo-Fascist and other violent national ideologies; [adopted ad ref]

Paragraph 59 is obviously a coded attack upon the Dutch Freedom Party and a similar party in Belgium.

66. Calls upon States to ensure that any measures taken in the fight against terrorism are implemented in full respect of all human rights, in particular the principle of non-discrimination and in this context urges all Member-States to implement relevant provisions of the General Assembly resolutions 60/288 and 62/272;

Paragraph 66 is a coded condemnation of our half hearted attempts at homeland security subsequent to 9/11.

67. Expresses its concern over the rise in recent years of acts of incitement to hatred, which have targeted and severely affected racial and religious communities and persons belonging to racial and religious minorities, whether involving the use of print, audio-visual or electronic media or any other means, and emanating from a variety of sources;

Paragraph 67 is redundant; restating paragraph 12 above.

68. Resolves to, as stipulated in art. 20 of the ICCPR, fully and effectively prohibit any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence and implement it through all necessary legislative, policy and judicial measures;

Paragraph 68 is redundant, restating paragraph 12 above.

98. Calls upon States, in accordance with their human rights obligations, to declare illegal and to prohibit all organizations based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote national, racial and religious hatred and discrimination in any form, and to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination;

If paragraph 98 were sincere and enforced, Islam would be outlawed.

101. Calls upon States not to resort to profiling founded on grounds of discrimination prohibited by international law, including on racial, ethnic, and religious grounds and prohibit it by law;

Paragraph 101 is redundant, restating paragraph 66.

133. Takes note of the proposal of the OHCHR, in cooperation with regional stakeholders in all parts of the world, to organize as a follow-up to the OHCHR Expert Seminar on the links between art.19 and 20 of the ICCPR a series of expert workshops to attain a better understanding of the legislative patterns, judicial practices and national policies in the different regions of the world with regard to the concept of incitement to hatred, in order to assess the level of implementation of the prohibition of incitement, as stipulated in article 20 of the ICCPR, without prejudice to the mandate of the Ad Hoc Committee on the Complementary Standards;

Art. 19 of ICCPR declares rights to "hold opinions without interference" & "freedom of expression" and outlines certain limitations thereon. Art. 20 prohibits "propaganda for war" and "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence".

What is the big deal about the "Ad Hoc Committee on the Complementary Standards"? Its report, of course. The committee generated a proposed protocol to be added to ICERD. The protocol would criminalize "defamation of religions", as demanded by the OIC. I am unable at present to find the text of the proposal. These references hint at it. A/HRC/10/L.8, Press Release , Joint NGO Statement.