Explanation of Vote (EOV) by Brazil 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

BRAZIL REPRESENTATIVE:  Thank you, Mr. Chairman.  Mr. Chairman, Braz
il has abstained on the vote on Draft Resolution L.27.  We recognize many positive elements in the text such as the need to eliminate religious hatred and discrimination, to protect cultural and religious diversity and to promote interfaith and intercultural dialogue.  We also welcome the engagement of the authors of this resolution with the membership to the process of consultations.  
However, Brazil could not support the tabled text for the following reasons.  The concept of defamation of religions is not in line with international human rights law and, therefore, with existing [?] legislation which is based on the protection of the right of the person to freely profess the religion of his or her choice, including to change his or her faith.  A focus on the incitement to hatred or discrimination based on religious grounds as enshrined in Articles 19.3 and 20.2 of the International Covenant on Civil and Political Rights would be in our view a more appropriate way to frame this issue.
The challenges for human rights identified in the resolution need to be addressed in a context that is not detrimental to the protection of other fundamental rights and freedoms, such as the freedom of expression.  
Finally, Brazil firmly believes that the different approaches observed so far in the Third Committee regarding violations of human rights based on religion can be reconciled.  We are convinced that the common ground can be found which would result in a text that reflects the concerns of all the membership and thus be adopted by consensus.  Paragraph 12 of the outcome document of Durban Conference is a good example of this.  We reaffirm our willingness to work constructively toward this goal.  Thank you.