AdHoc Committee: African Submission

Outline for the Ad Hoc Committee on Complementary Standards Consultations

An additional mechanism, the Ad Hoc Committee on Complementary Standards was created by the Human Rights Council in 2006 to fill gaps in CERD, and to provide new normative standards aimed at combating all forms of contemporary aspects of racism.

The committee's mission is to write new international legislation to criminalize criticism of Islam. They solicited suggestions from the member nations to get the process started.

The African Group submission by Egypt, makes reference to two external documents:

• Human Rights Council decision 3/103
• "Non-Paper on Complementary international Standards"
• ICERD

The curious reader will find some satisfaction in reading the above listed "Non-Paper" and will recognize it as the source of a significant part of the African submission.

The African Group begins by laying down a list of general principles. When reading them, bear in mind the broad definition of racism, which includes "related intolerance" which translates to "Islamophobia". Wherever "racism" is written, read criticism of Islam.

• Although laws alone are not sufficient to eradicate racism and racial discrimination, laws remain essential to such efforts.

• International standards on combating racism must provide for deterrence and be perceived, as far as possible, by actual and potential victims, as satisfactory.

• No attempt to legitimize racism and racial discrimination can be tolerated in a society ruled by law.

• The exercise of the right to freedom of expression, assembly and association may be restricted with a view to combating racism in accordance with international human rights law.

• The prohibition of racism and racial discrimination applies to all public authorities as well as natural and legal persons, both in the public and private spheres.

• There is a need for a uniform and consistent application of the law to ensure the effectiveness of international efforts to counter racism and racial discrimination.

The discriminating reader has learned that, according to Egypt, complementary standards for combating criticism of Islam must produce legislation sufficient to satisfy the demands of the OIC and will eliminate our right to free speech.

Seven substantive provisions are listed, the fifth of which contains several subordinate clauses of great interest.

5. Combating incitement to racial and religious hatred. Such acts include:
• Public insults and defamation and threats against a person or group of persons on the grounds of their race, color, language, religion, nationality, or national or ethnic origin.
• The public expression which has the purpose or effect of denigrating a group of persons on the basis of the above-mentioned grounds.
• The public dissemination or distribution, or the production of written, audio or visual or other material containing manifestations of racism and racial discrimination in accordance with the ICERD and the present submission.
• In addition, these acts must be criminalized in national laws, and the perpetrators thereof punished, as well as those instigating, aiding or abetting them.

Re-read that list, bearing in mind the broader definition of "racism", substituting "criticism of Islam" wherever it is used in the substantive provisions. These provisions will have the effect of criminalizing all negative expressions about Islam, not just the Danish Cartoons, and Fitna, but these blog posts will be illegal.