Explanation of Vote (EOV) by Sweden on behalf of the EU before the Third Committee

Vote on draft resolution regarding combating defamation of religions (document A/C.3/64/L.27)

New York( 

12 November 2009

SWEDEN REPRESENTATIVE:  Thank you, Mr. Chairpers
on.  And to begin with I would like to clarify that Sweden called for a vote on this resolution on behalf of the European Union.  And I would like to explain our position on this draft resolution contained in Document L.27, as amended.  
The European Union would like to reiterate its strong belief in tolerance, nondiscrimination, freedom of expression, freedom of thought and freedom of religion or belief.  We are convinced that a continuing dialogue on these issues can help us to overcome existing gaps in perceptions, concepts and ideas.  We share the concern of the OIC that persons all over the world are victimized because of their religion or belief.  We all need to do more to eliminate religious intolerance and to ensure that those who incite hatred or violence against other individuals due to their religion or belief are dealt with by the law.  
The EU, however, cannot agree when an approach that promotes the concept of defamation of religions as a response.  The concept of defamation of religions severely limits freedom of expression and puts in danger the very openness and tolerance that allows people of different faiths to coexist and practice their faiths without fear.  It is fundamental to distinguish between criticisms of religions or beliefs and incitement to religious hatred.  
The EU firmly believes that the concept of defamation of religions is inconsistent with human rights law.  International human rights law protects individuals in the exercise of their freedoms and does not, and should not, protect religions or belief systems as such.  
Also, the High Commissioner, as well as a number of Special Rapporteurs have called for anchoring this debate in the existing international legal framework provided by the ICCPR.  Mr. Chairperson, the EU recognizes that there are legitimate concerns that this resolution seeks to address.  The EU condemns instances of discrimination and intolerance against any individual on the ground of religion or belief.  The EU has publically expressed strong resolve to fight these phenomena.  We are very open and transparent about the challenges that we encounter in this field.  We invite others to show a similar openness and determination to combat all forms of religious intolerance.
For one thing is clear, the problem of religious intolerance is worldwide and not limited to certain regions or certain religions or beliefs.  Followers of all religions and beliefs, as well as nonbelievers can be victims of human rights violations.  Any list of victims can only be exclusive.  
Mr. Chairperson, let me reiterate that the EU is willing to engage in a constructive, serious dialogue with the OIC and other interested parties to explain our concerns with the aim to increase mutual understanding and finding new ways to address the concerns the cosponsors of this resolution seek to address.  We will continue to support initiatives that can contribute to a comprehensive dialogue, grounded in international law and taking into account the views and concerns of all member states.
Mr. Chairperson, for all of these reasons, the EU is calling for a vote on this document and will vote against the text and also encourages other delegations to do the same.  Thank you, Mr. Chairperson.