Calling for the global repeal of blasphemy, heresy, and apostasy laws.

H. Res. 512 In the House of Representatives, U. S., December 7, 2020. Whereas Article 18 of the International Declaration of Human Rights states that ‘‘[e]veryone has the right to freedom of thought, conscience and religion; this right in- cludes freedom to change his religion or belief, and free- dom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance’’; Whereas many countries continue to have criminal blasphemy laws and punish people who engage in expression deemed by the government to be blasphemous, heretical, apostate, defamatory of religion, or insulting to religion or to reli- gious symbols, figures, or feelings, and such punishment can include fines, imprisonment, and capital punishment including by beheading; Whereas blasphemy laws have affected Christians, Muslims, Jews, Hindus, Baha’i, secularists, and many other groups, are inconsistent with international human rights standards because they establish and promote official re- ligious orthodoxy and dogma over individual liberty, and often result in violations of the freedoms of religion, thought, and expression that are protected under inter- national instruments, including Articles 18 and 19 of the 2 •HRES 512 EH International Covenant on Civil and Political Rights (ICCPR); Whereas the United Nations Human Rights Committee stat- ed in General Comment 34 that ‘‘[p]rohibitions of dis- plays of lack of respect for a religion or other belief sys- tem, including blasphemy laws, are incompatible with the [ICCPR].’’; Whereas the United States Commission on International Reli- gious Freedom (USCIRF) has found that blasphemy charges are often based on false accusations, are used for sectarian or political purposes, and foster religious intol- erance, discrimination, and violence; Whereas USCIRF has found that at least 70 countries had blasphemy laws as of 2018; Whereas these laws were present in 18 Middle East and North African countries, 8 countries in the Americas, 18 Asia-Pacific countries, 14 European countries, and 12 Sub-Saharan African countries; Whereas the Pew Research Center found that countries with laws against blasphemy, apostasy, or defamation of reli- gion were more likely to have severe governmental restric- tions on religion, and to experience social hostilities based on religion, than countries that did not have such laws; Whereas restrictive laws beyond those penalizing blasphemy, heresy, and apostasy further limit religious freedom, such as extremism laws— (1) in Russia that have been used to ban Jehovah’s Witnesses as an extremist organization and fueled perse- cution of this religious group; (2) in China, to arbitrarily detain an estimated 800,000 to 2,000,000 Uighur Muslims in internment 3 •HRES 512 EH camps because they followed Islamic rituals and prac- tices; and (3) in North Korea, to detain an estimated 50,000 to 70,000 Christians in labor camps because they fol- lowed the tenets of Christianity; Whereas an international group of experts convened by the Office of the United Nations High Commissioner for Human Rights recommended in 2012 that ‘‘[s]tates that have blasphemy laws should repeal the[m] as such laws have a stifling impact on the enjoyment of freedom of re- ligion or belief and healthy dialogue and debate about re- ligion.’’; Whereas blasphemy laws are inconsistent with United Na- tions resolutions adopted by consensus since 2011 recog- nizing that religious intolerance is best fought through positive measures, such as education, outreach, and counter-speech, and that criminalization of speech is war- ranted only for the prevention of imminent violence; Whereas according to the annual religious freedom report published by the Department of State in 2015, attackers in Bangladesh killed five allegedly anti-Islamic or secularist writers and publishers, and injured three oth- ers; Whereas in response to these killings, the Home Minister of Bangladesh, rather than condemning the murders, called on bloggers and others to refrain from writings that could hurt the religious feelings of others and added that violators of the warning would be subject to prosecution under the restrictive religious freedom laws of Ban- gladesh; 4 •HRES 512 EH Whereas a 2016 report by USCIRF on Bangladesh found that religious and civil society groups fear that increasing religious extremism will result in more criminal attacks and threats; Whereas restrictive religious freedom laws validate and pro- mote social violence targeted at religious minorities and dissenters, whether Christian, Muslim, secularist, or other; Whereas USCIRF has found that in Pakistan, blasphemy laws have been used to prosecute and persecute Muslims, Christians, secularists, and others; Whereas according to a Pew Center report on religion and public life, Pakistan stands out for having one of the highest levels of restrictions on religion when both gov- ernment restrictions and social hostilities are taken into account; Whereas USCIRF has found egregious examples of the en- forcement of blasphemy laws and vigilante violence con- nected to blasphemy allegations in Pakistan, where blas- phemy charges are common and numerous individuals are in prison, with a high percentage sentenced to death or to life in prison; Whereas, as of May 2018, USCIRF was aware of approxi- mately 40 individuals on death row for blasphemy in Pakistan or serving life sentences; Whereas Asia Bibi was sentenced to death for blasphemy in 2010 and was held for 8 years, until the Supreme Court of Pakistan overturned her conviction in 2018, upheld her acquittal, and granted her permission to leave the country to flee the threats against her in 2019; 5 •HRES 512 EH Whereas Pakistan selectively enforces the blasphemy and anti-terrorism laws against minority religious groups, in- cluding by specifically targeting Ahmadiyya Muslims such as Abdul Shakoor, an 80-year old optician and bookseller who was recently released after serving over three years in prison on such charges; Whereas blasphemy laws in Pakistan have fostered a climate of impunity, as those who falsify evidence go unpunished and allegations often result in violent mob attacks or as- sassinations, with little to no police response; Whereas in 2017, the Christian Governor of Jakarta, Indo- nesia, was convicted for blasphemy of Islam and sen- tenced to two years in jail; Whereas several countries that maintained blasphemy laws have recently taken steps towards removing these provi- sions, including Greece, Ireland, and Canada; Whereas blasphemy laws in the United States were invali- dated by the adoption of the First Amendment to the Constitution, which protects the freedoms of thought, conscience, expression, and religious exercise; and Whereas the United States has become a beacon of religious freedom and tolerance around the world: Now, therefore, be it Resolved, That the House of Representatives— (1) recognizes that blasphemy, heresy, and apostasy laws inappropriately position governments as arbiters of religious truth and empower officials to impose religious dogma on individuals or minorities through the power of 6 •HRES 512 EH the government or through violence sanctioned by the government; (2) calls on the President and the Secretary of State to make the repeal of blasphemy, heresy, and apostasy laws a priority in the bilateral relationships of the United States with all countries that have such laws, through direct interventions in bilateral and multilateral fora; (3) encourages the President and the Secretary of State to oppose— (A) any efforts, by the United Nations or by other international or multilateral fora, to create an international anti-blasphemy norm, such as the ‘‘defamation of religions’’ resolutions introduced in the United Nations between 1999 and 2010; and (B) any attempts to expand the international norm on incitement to include blasphemy or defa- mation of religions; (4) supports efforts by the United Nations to com- bat intolerance, discrimination, or violence against per- sons based on religion or belief without restricting ex- pression, including United Nations Human Rights Coun- cil Resolution 16/18 (2011) and the Istanbul Process meetings pursuant to such resolution, that are consistent with the First Amendment to the Constitution; 7 •HRES 512 EH (5) calls on the President and the Secretary of State to designate countries that enforce blasphemy, her- esy, or apostasy laws as ‘‘countries of particular concern for religious freedom’’ under section 402(b)(1)(A)(ii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(ii)) for engaging in or tolerating severe violations of religious freedom, as a result of the abuses flowing from the enforcement of such laws and from unpunished vigilante violence often generated by blasphemy allegations; (6) urges the governments of countries that enforce blasphemy, heresy, or apostasy laws to amend or repeal such laws, as they provide pretext and impunity for vigi- lante violence against religious minorities; and (7) urges the governments of countries that have prosecuted, imprisoned, and persecuted people on charges of blasphemy, heresy, or apostasy to release such people unconditionally and, once released, to ensure their safety and that of their families. Attest: Clerk.