Durban II Draft 4/15/09

As the Durban II Draft evolved, its redundancy has been reduced, but its objectionable elements remain intact. It singles out Israel for unwarranted condemnation and demands criminalization of truthful criticism of Islam. For those reasons, I urge President Omama and Secretary of State Clinton to stand by the decision to stay away from the Racism Conference We must not lend any legitimacy to that travesty. I urge the House & Senate to pass resolutions condemning the Durban II Draft Document and to refuse to subsidize it with our tax dollars.

Draft outcome document as at 15 April 2009 at 9:00 am as amended by the Chair (4/15/2009)

1. Reaffirms the Durban Declaration and Programme of Action (DDPA), as it was adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in 2001; [adopted ad ref]

Paragraph one is unacceptable because the referenced text singled out Israel for condemnation, ignoring the human rights violations, genocides & racism of other nations. It is also unacceptable because it demands criminalization of criticism of Islam. President Obama recently cited this paragraph as his main reason for deciding not to participate in the conference.

7. Reiterates that poverty, underdevelopment, marginalization, social exclusion and economic disparities as well as foreign occupation are closely associated with racism, racial discrimination, xenophobia and related intolerance and contribute to the persistence of racist attitudes and practices which in turn generate more poverty;

“Foreign occupation” is a code phrase for Israel bashing. The “racist attitudes and practices” which produce poverty flow directly from the Qur’an & hadith.

11. Recognizes with deep concern the negative stereotyping of religions resulting in denial or undermining the rights of persons associated with them and the global rise in the number of incidents of racial or religious intolerance and violence, including Islamophobia, anti-Semitism, Christianophobia and anti-Arabism and urges all the UN Member-States to implement the paragraph 150 of the DDPA ;

Paragraph 11 is a prime example of the pot calling the kettle black. It complains, by code words, of the Danish Cartoons and FITNA. The cartoons depict Moe as a terrorist, which he was, by his own admission. FITNA displays quotes from the Qur’an, juxtaposed with their practical application. The only right impaired by FITNA was the cartoonist’s copyright because one cartoon was used without permission. The intolerance and violence belong to the adherents of Islam, who, stirred up by rabble rousing rants at Friday prayer service, rioted in the streets.

The referenced paragraph from the DDPA reads as follows.

150. Calls upon States, in opposing all forms of racism, to recognize the need to
counter anti-Semitism, anti-Arabism and Islamophobia world-wide, and urges all States to take effective measures to prevent the emergence of movements based on racism and discriminatory ideas concerning these communities;

Thus paragraph 11 demands, by reference, that national laws be passed and executed to criminalize criticism of Islam. This demand, which is incompatible with our First Amendment, is another reason for non-participation cited by President Obama.

12. Reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law; reaffirms further that all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination as well as all acts of violence or incitement to such acts shall be declared offence punishable by law, in accordance with the international obligations of States and that these prohibitions are consistent with freedom of opinion and expression;

The first sentence of paragraph 12 is aimed directly at the Danish Cartoons and FITNA. In actual fact, the Qur’an, Islam’s canon of sacred scripture, is replete with “religious hatred that constitutes incitement to discrimination, hostility or violence”.

Secretary General Ban Ki-moon’s condemnation of FITNA makes the matter absolutely clear, leaving no doubt. The last clause in par. 12 is an obvious lie. The intent is to criminalize all criticism of Islam, including its mandates of perpetual war, genocide and terrorism. If we can not discuss the doctrines and practices of our enemy, we can not effectively advocate national defense against Islam’s campaign of terror.

15. Expresses its appreciation for progress made in addressing the situation of the victims of racism, racial discrimination, xenophobia and related intolerance identified in the Durban Declaration and Programme of Action, while regretting that racism, racial discrimination, xenophobia and related intolerance, including their contemporary forms and manifestations, still persist;

“Contemporary forms and manifestations” is a code phrase for criticism of Islam. Take note of this declaration contained in the preliminary document. [Emphasis added.]

4. Emphasizes the urgent need to address the scourges of anti-Semitism, Christianophobia, and Islamophobia as contemporary forms of racism as well as racial and violent movements based on racism and discriminatory ideas directed at African, Arab, Christian, Jewish, Muslim and other communities;

Objection to Islam’s continual aggression is conflated with racism. You can substitute objection to Islam wherever “racism” or “contemporary forms and manifestations” is printed in the Durban Draft.


16. Acknowledges that there should be no hierarchy among emerging and resurgent forms of racism, racial discrimination, xenophobia and related intolerance and that all victims should receive the same necessary attention and protection, and accordingly appropriate treatment;

Paragraph 16 is part of the effort to wrap Islam in the false mantle of victimhood. In their view, Muslims offended by the Danish Cartoons suffer equally with the Jews murdered by Hitler.


38. Urges States parties to the Convention to withdraw reservations contrary to the object and purpose of the Convention and to consider withdrawing other reservations;

The quote below comes from Wikipedia. It describes our reservation to ICERD.

The U.S. has attached a reservation to its 1994 ratification of the treaty noting that specifically the treaty’s restrictions on freedom of speech and freedom of assembly were incompatible with the guarantees of such freedoms incorporated into the First Amendment to the Constitution of the United States.[20][21]
[Wikipedia]


SECTION 5: Identification of further concrete measures and initiatives at all levels for combating and eliminating all manifestations of racism, racial discrimination, xenophobia and related intolerance, in order to foster the implementation of the DDPA and to address challenges and impediments hereto, including in light of developments since its adoption in 2001

Remember that “related intolerance” means criticism of and objection to Islam’s perpetual aggression.


52. Stresses the need for mobilizing the political will of relevant actors at all levels which is essential to eliminate racism, racial discrimination, xenophobia and related intolerance;

Paragraph 52 is a code expression demanding legislation criminalizing criticism of Islam, in clear contravention of the First Amendment.


53. Reaffirms the positive role that the right to freedom of opinion and expression, as well as the full respect for the freedom to seek, receive and impart information can play in combating racism, racial discrimination, xenophobia and related intolerance;

Paragraph 53 praises the condemned man before executing him. The expressions are Orwellian in the extreme.


54. Calls on States to undertake effective media campaigns to enhance the struggle against all manifestations of racism, racial discrimination, xenophobia and related intolerance, inter alia, by disseminating and giving adequate visibility to the DDPA and its follow-up mechanisms; [adopted ad ref]

55. Calls on States to take effective, tangible and comprehensive measures to prevent, combat and eradicate all forms and manifestations; [adopted ad ref]

Paragraph 54 demands a propaganda campaign. Paragraph 55 demands national legislation to criminalize criticism of Islam.


56. Calls on States to combat impunity for acts of racism, racial discrimination, xenophobia and related intolerance, to secure expeditious access to justice, and to provide fair and adequate redress for victims; [adopted ad ref]

Paragraph 56 translates into a demand for punishment of the cartoonists and Geert Wilders, with legislation allowing Muslims to sue them for “damages”.

57. Stresses that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society and stresses further the role these rights can play in fight against racism, racial discrimination, xenophobia and related intolerance worldwide;

Paragraph 57 shows us how clever the OIC thinks they are;. giving faint praise before wielding their sword.


59. Urges States to punish violent, racist and xenophobic activities by groups that are based on neo-Nazi, neo-Fascist and other violent national ideologies; [adopted ad ref]

Paragraph 59 is obviously a coded attack upon the Dutch Freedom Party and a similar party in Belgium.


66. Calls upon States to ensure that any measures taken in the fight against terrorism are implemented in full respect of all human rights, in particular the principle of non-discrimination and in this context urges all Member-States to implement relevant provisions of the General Assembly resolutions 60/288 and 62/272;

Paragraph 66 is a coded condemnation of our half hearted attempts at homeland security subsequent to 9/11.


67. Expresses its concern over the rise in recent years of acts of incitement to hatred, which have targeted and severely affected racial and religious communities and persons belonging to racial and religious minorities, whether involving the use of print, audio-visual or electronic media or any other means, and emanating from a variety of sources;

Paragraph 67 is redundant; restating paragraph 12 above.


68. Resolves to, as stipulated in art. 20 of the ICCPR, fully and effectively prohibit any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence and implement it through all necessary legislative, policy and judicial measures;

Paragraph 68 is redundant, restating paragraph 12 above.


98. Calls upon States, in accordance with their human rights obligations, to declare illegal and to prohibit all organizations based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote national, racial and religious hatred and discrimination in any form, and to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination;

If paragraph 98 were sincere and enforced, Islam would be outlawed.


101. Calls upon States not to resort to profiling founded on grounds of discrimination prohibited by international law, including on racial, ethnic, and religious grounds and prohibit it by law;

Paragraph 101 is redundant, restating paragraph 66.


133. Takes note of the proposal of the OHCHR, in cooperation with regional stakeholders in all parts of the world, to organize as a follow-up to the OHCHR Expert Seminar on the links between art.19 and 20 of the ICCPR a series of expert workshops to attain a better understanding of the legislative patterns, judicial practices and national policies in the different regions of the world with regard to the concept of incitement to hatred, in order to assess the level of implementation of the prohibition of incitement, as stipulated in article 20 of the ICCPR, without prejudice to the mandate of the Ad Hoc Committee on the Complementary Standards;

Art. 19 of ICCPR declares rights to “hold opinions without interference” & “freedom of expression” and outlines certain limitations thereon. Art. 20 prohibits “propaganda for war” and “advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”.

What is the big deal about the “Ad Hoc Committee on the Complementary Standards”? Its report, of course. The committee generated a proposed protocol to be added to ICERD. The protocol would criminalize “defamation of religions”, as demanded by the OIC. I am unable at present to find the text of the proposal. These references hint at it. A/HRC/10/L.8, Press Release , Joint NGO Statement.

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Islam vs ICCPR Article 26

ICCPR

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2:282. O you who believe! When you contract a debt for a fixed period, write it down. Let a scribe write it down in justice between you. Let not the scribe refuse to write as Allâh has taught him, so let him write. Let him (the debtor) who incurs the liability dictate, and he must fear Allâh, his Lord, and diminish not anything of what he owes. But if the debtor is of poor understanding, or weak, or is unable himself to dictate, then let his guardian dictate in justice. And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her.

4:11. Allâh commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. []

Women are second class citizens under Islamic law. How do religious minorities fare?

Umdat as-Salik

O11.4: The Non-Muslim Poll Tax

The minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A: per year). The maximum is whatever both sides agree upon.

It is collected with leniency and politeness, as are all debts, and is not levied on women, children, or the insane.

O11.5

Such non-Muslim subjects are obliged to comply with Islamic rules that pertain to the safety and indemnity of life, reputation, and property. In addition, they:

-1- are penalized for committing adultery or theft, thought not for drunkenness;

-2- are distinguished from Muslims in dress, wearing a wide cloth belt (zunnar);

-3- are not greeted with “as-Salamu ‘alaykum”;

-4- must keep to the side of the street;

-5- may not build higher than or as high as the Muslims’ buildings, though if they acquire a tall house, it is not razed;

-6- are forbidden to openly display wine or pork, (A: to ring church bells or display crosses,) recite the Torah or Evangel aloud, or make public display of their funerals and feastdays;

-7- and are forbidden to build new churches.

The thing speaks for itself, no elaboration is required. Islam violates the concept of equality.

Islam vs ICCPR Article 20

ICCPR

Article 20

  1. Any propaganda for war shall be prohibited by law.
  2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

20.1 proscribes propaganda for war; 20.2 proscribes advocacy of incitement to hostility. How does the Qur’an fare under those standards?

8:39. And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allâh) and the religion (worship) will all be for Allâh Alone [in the whole of the world ]. But if they cease (worshipping others besides Allâh), then certainly, Allâh is All-Seer of what they do.

9:29. Fight against those who (1) believe not in Allâh, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allâh and His Messenger (4) and those who acknowledge not the religion of truth (i.e. Islâm) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.

9:123. O you who believe! Fight those of the disbelievers who are close to you, and let them find harshness in you, and know that Allâh is with those who are the Al-Muttaqûn (the pious – see V.2:2).

Those are direct commands to conduct aggressive warfare. The oral traditions of Moe’s companions give ample confirmation of that fact.

Sahih Bukhari Volume 4, Book 52, Number 196:
Narrated Abu Huraira:
Allah ‘s Apostle said, ” I have been ordered to fight with the people till they say, ‘None has the right to be worshipped but Allah,’ and whoever says, ‘None has the right to be worshipped but Allah,’ his life and property will be saved by me except for Islamic law, and his accounts will be with Allah, (either to punish him or to forgive him.)”

9:38. O you who believe! What is the matter with you, that when you are asked to march forth in the Cause of Allâh (i.e. Jihâd) you cling heavily to the earth? Are you pleased with the life of this world rather than the Hereafter? But little is the enjoyment of the life of this world as compared with the Hereafter.

9:39. If you march not forth, He will punish you with a painful torment and will replace you by another people, and you cannot harm Him at all, and Allâh is Able to do all things.

Allah told the Muslims that they could go to Jihad or go to Hell. Of course, there is another side to this: the “commerce” that will save Muslims from the fire.

61:10. O You who believe! Shall I guide you to a commerce that will save you from a painful torment.

61:11. That you believe in Allâh and His Messenger (Muhammad), and that you strive hard and fight in the Cause of Allâh with your wealth and your lives, that will be better for you, if you but know!

61:12. (If you do so) He will forgive you your sins, and admit you into Gardens under which rivers flow, and pleasant dwelling in Gardens of ‘Adn ­ Eternity [‘Adn (Edn) Paradise], that is indeed the great success.

9:39 tells Muslims of a painful torment to befall them if they do not join the Jihad. 61:10 tells them of a “commerce” that will save them from painful torment: joining the Jihad, which will be rewarded with admission to Paradise. This carrot & stick approach is obviously incentivising Jihad. It is obvious that the Qur’an is propaganda for war, which must be prohibited. The Hilali & Khan translation has numerous related references.

  • fight: 369
  • strive: 186

The Qur’an tells us that it can not be changed.

6:115. And the Word of your Lord has been fulfilled in truth and in justice. None can change His Words. And He is the All­Hearer, the All­Knower.

30:30. So set you (O Muhammad ) your face towards the religion of pure Islâmic Monotheism Hanifa (worship none but Allâh Alone) Allâh’s Fitrah (i.e. Allâh’s Islâmic Monotheism), with which He has created mankind. No change let there be in Khalq­illâh (i.e. the Religion of Allâh Islâmic Monotheism), that is the straight religion, but most of men know not. [Tafsir At­Tabarî, Vol 21, Page 41]

The Qur’an is a violation of international law and it can’t be edited. What shall we do about it?

Proving Islam Incompatible with Article 9 of the ICCPR

ICCPR

Article 9

  1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

33:26. And those of the people of the Scripture who backed them (the disbelievers) Allâh brought them down from their forts and cast terror into their hearts, (so that) a group (of them) you killed, and a group (of them) you made captives.

Sahih Bukhari Volume 6, Book 60, Number 80:
Narrated Abu Huraira:
The Verse:–“You (true Muslims) are the best of peoples ever raised up for mankind.” means, the best of peoples for the people, as you bring them with chains on their necks till they embrace Islam.

I added bold emphasis to one clause in the ayeh and one in the hadith. Each of them is sufficient to demonstrate how Islam contravenes Article 9.1. Islamic law requires that a minimum of one military expedition be mounted against Kuffar in every year and that captive women and children are enslaved.

I hope that Shari’ah is not the sort of law the authors of the ICCPR were contemplating when they wrote Article 9.

Islam vs ICCPR Article 8

ICCPR

Article 8

  1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
  2. No one shall be held in servitude.

4:3. And if you fear that you shall not be able to deal justly with the orphan­girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.

4:24. Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess. Thus has Allâh ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allâh is Ever All­Knowing, All­Wise.

Sahih Muslim book 008, Number 3373
:

Abu Sa’id al-Khudri (Allah be pleased with him) reported: We took women captives, and we wanted to do ‘azl with them. We then asked Allah’s Messen- ger (may peace be upon him) about it, and he said to us: Verily you do it, verily you do it, verily you do it, but the soul which has to be born until the Day of judg- ment must be born.

Umdat as-Salik O9.13

When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled.

  • that your right hands possess
  • We took women captives, and we wanted to do ‘azl with them.
  • When a child or a woman is taken captive, they become slaves by the fact of capture

This evidence speaks for itself, requiring no elaboration. Allah sanctions conquering people and enslaving captives. That sanction is reflected in Islamic law. The reference to azl in the hadith relates to the withdrawal method. Several related ahadith are more explicit; click the link and scroll up to read them if you want the details.

While the Kingdom of Saudi Arabia officially outlawed slavery about 1964, it is still practiced with impunity. Daniel Pipes relates the details of a case of Saudis importing a slave to America in 2000.

Islam vs ICCPR Art. 6

This is the first in a series of posts comparing the doctrines of Islam to existing international conventions.
ICCPR:

Article 6

  1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Sahih Bukhari Volume 1, Book 8, Number 387:
Narrated Anas bin Malik:
Allah’s Apostle said, “I have been ordered to fight the people till they say: ‘None has the right to be worshipped but Allah.’ And if they say so, pray like our prayers, face our Qibla and slaughter as we slaughter, then their blood and property will be sacred to us and we will not interfere with them except legally and their reckoning will be with Allah.” Narrated Maimun ibn Siyah that he asked Anas bin Malik, “O Abu Hamza! What makes the life and property of a person sacred?” He replied, “Whoever says, ‘None has the right to be worshipped but Allah’, faces our Qibla during the prayers, prays like us and eats our slaughtered animal, then he is a Muslim, and has got the same rights and obligations as other Muslims have.”

  • I have been ordered to fight the people till they say…
  • then their blood and property will be sacred to us
  • then he is a Muslim, and has got the same rights and obligations as other Muslims have
  • and whoever says, ‘None has the right to be worshipped but Allah,’ his life and property will be saved by me except for Islamic law
  • When they do that, their life and property are unlawful for us except what is due to them.

Three hadith cited make it clear that our lives are not sacred to Muslims until we become Muslims; until then its open season and we are targets of opportunity.

Umdat as-Salik O1.2

  • The following are not subject to retaliation:
  • […]a Muslim for killing a non-Muslim;[…]
  • […]a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences);[…]

The life of a non-Muslim is not sacred to Islam; it becomes sacred only by conversion or protected only by a treaty of dhimmitude. An apostate may be killed with impunity. It is clear that Shari’ah is incompatible with international law in regard to the right to life.

How Censorship Could Become Binding

International Covenant on Civil and Political Rights [Dead links removed, emphasis added.]

Article 20

1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Reservation:

(1) That Article 20 does not authorize or require legislation or other action by the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.

Understanding:

(1) That the Constitution and laws of the United States guarantee all persons equal protection of the law and provide extensive protections against discrimination. The United States understands distinctions based upon race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status – as those terms are used in Article 2, paragraph 1 and Article 26 – to be permitted when such distinctions are, at minimum, rationally related to a legitimate governmental objective. The United States further understands the prohibition in paragraph 1 of Article 4 upon discrimination, in time of public emergency, based “solely” on the status of race, color, sex, language, religion or social origin not to bar distinctions that may have a disproportionate effect upon persons of a particular status.

Problematic definitions:

  • advocacy of
  • religious hatred
    • constitutes incitement

    In a , I showed how Masooud Khan & Ban Ki-moon define those terms as exemplified by their condemnation of Fitna.
    I have no doubt that anticipation of such egregious abuse of semantics was behind reservation number one cited above. Were it not for the election of an appeaser to the Presidency along with a like minded Senate majority, our liberty might be secure.

    What will happen if Article 20 is amended to conform to the recent & pending resolutions combating defamation of religions & Durban II draft? I expect that President Obama will sign it, the Senate will ratify it, and the Supreme Court will lack the will & resolve necessary to rule it unconstitutional. It would then be possible to persecute American critics of Islam in foreign and international courts, contravening the first amendment.

    Seekers of detailed legal analysis of the issue should refer to Why the U.S. Should Oppose “Defamation of Religions” Resolutions at the United Nations, a Heritage Foundation report and the bibliography in its footnotes.