A/HRC/13/57
40.
It was reported that national legislation, compliant with international human rights
standards, was being introduced to protect freedom of religion. The bill was expected to
include provisions addressing the spread and advocacy of xenophobia, racism and antiSemitism, as well as other manifestations of intolerance and discrimination on the basis of
religion.
United States of America
[Original: English]
41.
The United States of America, in its contribution, affirmed that the concept of
defamation of religions was inconsistent with international human rights law and risked
being abused by Governments to restrict the human rights of religious minorities or
dissidents. While sharing the concerns underlying Human Rights Council resolution 10/22,
such as the negative stereotyping of religious groups, particularly minority groups, and the
contribution of such stereotypes to disrespect and discrimination, the United States
considered that placing limitations on freedom of speech was unacceptable and, moreover,
inadequately addressed genuine concerns.
42.
After 11 September 2001, the Justice Department had implemented the Backlash
Initiative to combat violence and threats against Arabs, Muslims, Sikhs and South Asians,
or individuals perceived as such. More than 700 incidents had been investigated and 34
federal convictions obtained. The initiative had also assisted local law enforcement
agencies in bringing over 160 criminal cases to justice. Since 2001, the Department of
Justice Community Relations Service had held over 250 community meetings around the
country to address backlash issues and deployed conflict resolution specialists to over 50
communities. Likewise, based on feedback and input from the Arab, Muslim, Sikh, South
Asian and Middle Eastern American communities, cultural competency training had been
developed for personnel of the Department of Homeland Security. The United States also
actively encouraged civil society actors, including religious groups, to participate in
interfaith dialogue, education efforts and alliance-building with domestic and international
religious groups and leaders to foster understanding within and among communities and
promote conflict prevention.
43.
The United States also reported on its strong belief in and vigorous defence of the
freedoms of religion, belief and expression. As a result of its protection of freedom of
religion, the Department of Justice had won the right for a Muslim school bus driver to
have his schedule adjusted so that he could attend Friday prayers.17 As a result of its
protection of freedom of speech, United States courts had upheld the rights of neo-Nazis,
Holocaust deniers and white supremacist groups to march in public and distribute
literature.18 The United States expressed the view that Government censorship or
prohibition of speech based on stereotypical or intolerant content only forced hateful
ideology to find new and alternative outlets. Instead, the United States advocated concrete
action in support of tolerance and individual rights as the best way to combat hateful
ideologies.
17
18
10
While that case was settled out of court, examples of similar cases are available online at the First
Freedom Project website: http://www.firstfreedom.gov.
National Socialist Party of America et al. v. Village of Skokie (97 S. Ct. 2205).
GE.10-10223
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