Sotomayor Nomination

Judge Sonia Sotomayor has been nominated to succeed Justice Souter on the Supreme Court bench. Already the quotes are flying. Newsmax has embeded video of the arrogant statement about appeals courts making policy. Viewers can hear and see her telling “potential law clerks”:

“court of appeals is where policy is made.” “And I know — I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it …“.

Policy is made by the President, law is made by the Congress and interpreted by the courts. The quoted statement displays both arrogance and an attitude of judicial activism, both of which should militate against this nomination to the Supreme Court.

Issues of racism & sexism may be less directly related to the appointment, but they do reflect upon judicial temperament. The New York Times has an interesting quote and links to an article with more details. At U.C. Berkeley, in ’01, Judge Sotomayor said this.

“While recognizing the potential effect of individual experiences on perception, Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law. Although I agree with and attempt to work toward Judge Cedarbaum’s aspiration, I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.”

The issues of race & gender identity politics is clearly raised. So much for judicial objectivity.

“I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that–it’s an aspiration because it denies the fact that we are by our experiences making different choices than others. Not all women or people of color, in all or some circumstances or indeed in any particular case or circumstance but enough people of color in enough cases, will make a difference in the process of judging.”


The link above is to the fourth of five pages containing the transcript of the lecture. There is plenty of significant detail bearing on this issue; I encourage you to read it.

In the context of a law scholar’s quote, attributed to Justice O’Conor (doubted by Sotomayor), she expresses disagreement with a statement that a wise old man and a wise old woman would come to the same conclusion. This quote comes from the fifth page of the transcript.

Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

With that, Judge Sotomayor threw objectivity out the window and took a firm stand on the race & gender platforms. The last two paragraphs give us a great deal to contemplate, including this.

“I can and do aspire to be greater than the sum total of my experiences but I accept my limitations. I willingly accept that we who judge must not deny the differences resulting from experience and heritage but attempt, as the Supreme Court suggests, continuously to judge when those opinions, sympathies and prejudices are appropriate.”

At the bottom of each page of the transcript, there is a menu linking to the other pages so that the two links I have furnished above give you access to the entire transcript. I encourage you to read it before advising your Senators how to vote on this nomination.

The ABA Journal has information about two of Sotomayor’s important cases. If you have the motivation and patience to delve into her decisions, visit SCOTUS Blog.

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Ahmadinejad: UNRacism Conference Part 8

[Statement by the Islamic Republic of Iran as delivered (unofficial transcript)]

Mr President, ladies and gentlemen, the true root of racism is the lack of human understanding as God’s chosen creatures and deviation from the true path of human life and human missions in creation. Due to negligence in worshipping God with awareness and pondering on the philosophy of life and the path towards human perfection – which leads to the natural outcome of being committed to divine values and mankind – the horizon of human insight has declined. And limited and temporary interests became the criteria of evaluation and actions by human beings. Therefore, the seeds of evil power took their shape and by neglecting fair chances for others’ growth, it added to the boundaries of its development.

In such a way that it changed to an ugly and uncontrollable racism that today it is threatening the global peace as the most dangerous factor. And it is an obstacle on the way of achieving peaceful life in the world. Undoubtedly, racism should be recognised as the symbol of ignorance of the depth of history and a sign of dogmatism against mankind’s general growth. Therefore, we should look for the signs of racism under conditions and situations in a society where poverty of knowledge and lack of understanding would be spread. Therefore, the main means of fighting such symptoms is to promote general awareness and deepening public understanding towards the philosophy of mankind’s existence and the truth about the human-oriented world. Its requirement or outcome is a return to spiritual and ethical values and human virtues and finally the belief in God. The global society should start a united cultural movement for enlightening certain suffering and undeveloped societies as much as possible and uproot this hideous and evil phenomenon.

This all boils down to a simplistic solution for racism: Islam. Converting the whole world to Islam will eliminate racism. Of course, there is nothing racist about Islam. [Emphasis added.]

  • 3:110. You [true believers in Islâmic Monotheism, and real followers of Prophet Muhammad and his Sunnah (legal ways, etc.)] are the best of peoples ever raised up for mankind; you enjoin Al-Ma’rûf (i.e. Islâmic Monotheism and all that Islâm has ordained) and forbid Al-Munkar (polytheism, disbelief and all that Islâm has forbidden), and you believe in Allâh. And had the people of the Scripture (Jews and Christians) believed, it would have been better for them; among them are some who have faith, but most of them are Al-Fâsiqûn (disobedient to Allâh – and rebellious against Allâh’s Command).

Ahmadinejad: UN Racism Conference Part 5

[Statement by the Islamic Republic of Iran as delivered (unofficial transcript)]

Worse than this is that some Western governments and America are committed to support genocidal racists while others condemn the bombardment of innocent human beings, the occupation of their land and the disasters that took place in Gaza.

President Ahmadinejad, addressing the United Nations Racism Conference in Geneva, asserted that Israel is a genocidal racist. His assertion is a classic case of projection; the pot calling the kettle black. Genocide is an intrinsic sacrament of Islam, sacramentalized by Al-Anfal 67 & Muhammad 4.

  • It is not for a Prophet that he should have prisoners of war (and free them with ransom) until he had made a great slaughter (among his enemies) in the land.
  • So, when you meet (in fight Jihâd in Allâh’s Cause), those who disbelieve smite at their necks till when you have killed and wounded many of them, then bind a bond firmly (on them, i.e. take them as captives).

Genocide is exemplified by Moe’s slaughter of the men and boys of a peaceful Jewish settlement near Madina. and prophesied for the end time in another saying.

  • Abu Dawud Book 38, Number 4390:
    Narrated Atiyyah al-Qurazi:
    I was among the captives of Banu Qurayzah. They (the Companions) examined us, and those who had begun to grow hair (pubes) were killed, and those who had not were not killed. I was among those who had not grown hair.
  • Muslim Book 041, Number 6985:
    Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: The last hour would not come unless the Muslims will fight against the Jews and the Muslims would kill them until the Jews would hide themselves behind a stone or a tree and a stone or a tree would say: Muslim, or the servant of Allah, there is a Jew behind me; come and kill him; but the tree Gharqad would not say, for it is the tree of the Jews.

Islamic racism is not so flagrantly demonstrated, but there are powerful hints.

  • Bukhari Volume 1, Book 11, Number 662:
    Narrated Anas:
    The Prophet said, “Listen and obey (your chief) even if an Ethiopian whose head is like a raisin were made your chief.”
  • Abu Dawud Book 36, Number 4266:

    Narrated Jabir ibn Samurah:

    The Prophet (peace_be_upon_him) said: The religion will continue to be established till there are twelve caliphs over you, and the whole community will agree on each of them. I then heard from the Prophet (peace_be_upon_him) some remarks which I could not understand. I asked my father: What is he saying: He said: all of them will belong to Quraysh.

The murder cult which committed genocide against the Banu Qurayzah, Hindus, Assyrians & Armenians and is currently engaged in genocide in Darfur accuses its intended victims of genocide and does so in an international forum with the whole world listening. The murder cult whose ruler must be born of a particular tribe accuses its intended victims of racism. Ahmadinejad should be the poster boy for arrogance

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.

Durban II Sham Revision: the Details

Eye on the UN has published the Durban II revision of 03/17/09. Having read that document, I find that my earlier criticism remains valid.
A/CONF.211/PC/WG.2/CRP.2
[Font color & links added; background color in original, signifying text which has been voted on and approved.]

I find the following listed members of the enumerated list to be unacceptable for the reasons included in this list.

  • 1, 2 : The DDPA is unacceptable due to its demonization of Israel and demand for Islamic blasphemy laws.
  • 3, 4, 9, 10, 16: “racism” & “related intolerance” are code words for “Islamophobia” which is a code word for saying “or mentions something impermissible about Allah, the Prophet (Allah bless him and give him peace), or Islam” [ O11.10-5]
  • 8, 65, 100: thinly veiled attacks upon our attempts at promoting homeland security against Islamic terrorism.
  • 11, 66, 67: “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law; these prohibitions are consistent with freedom of opinion and expression: Those are code phrases for criminalizing publications such as Fitna and delegitimizing the first amendment! Refer to which details Secy. Genl. Ban Ki-moon’s exemplary condemnation of that video.
  • 17: “need to increase appropriate preventive measures to eliminate all forms of racial discrimination” : a veiled demand for legislation criminalizing criticism of Islam.
  • 25: “competent, independent and impartial judiciary to determine in a fair and public procedure whether acts of racism, racial discrimination, xenophobia and related intolerance are prohibited by international human rights law”: a veiled reference to court shopping for biased jurists who will jail us for uttering & publishing the truth about Islam.
  • E: “enhancement of the United Nations and other international mechanisms in combating racism, racial discrimination, xenophobia and related intolerance”: a veiled reference to exploitation of international conventions to criminalize criticism of Islam.
  • 26: “call upon States to diligently apply all commitments resulting from international and regional conferences in which they participated, and to formulate national policies and action plans to combat racism, racial discrimination, xenophobia and related intolerance;”: a veiled demand for legislation to criminalize criticism of Islam.
  • 30: includes by reference Ad hoc Committee on the Elaboration of International Complementary Standards , which demands legislation to criminalize criticism of Islam.
  • 50, 51, 53, 54: ” comprehensive and universal approach to preventing, combating and eradicating racism, racial discrimination, xenophobia and related intolerance”: a veiled demand for legislation criminalizing criticism of Islam.
  • 55: “positive role that the exercise of 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…”:Orwellian inversion of language,
  • 56: “the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society, since it ensures access to a multitude of ideas and views;”: another egregious inversion of language!
  • 97: “to declare illegal and to prohibit by law 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”: a thinly veiled attack on Flemish & Dutch Freedom Parties which object to Islamification of Europe.
  • 119: “Commends media organizations that have elaborated voluntary ethical codes of conduct aimed at, inter alia, meeting the goals defined in paragraph 144 of the Durban Programme of Action”: a clear reference to self-censorship; the media which did not re-publish the Danish cartoons.
  • 130: shameless promotion of blasphemy laws.
  • 133: continued co-operation with the O.I.C in demanding imposition of blasphemy laws.

Samples:

Review of progress and assessment of implementation of the Durban Declaration and Programme of Action by all stakeholders at the national, regional and international levels, including the assessment of contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance.

A. Sources, causes, forms, and contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance

  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 (WCAR) in 2001; [adopted ad ref. ISWG]

  1. Recognizes with deep concern the negative stereotyping of religions and the global rise in the number of incidents of racial or religious intolerance and violence, including Islamophobia, anti-Semitism, Christianophobia and anti-Arabism;
  2. Reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law, as well as the dissemination of ideas based on racial superiority and hatred and acts of violence and incitement to such acts, and that these prohibitions are consistent with freedom of opinion and expression;
    1. Recognizes that prevention, combating and eradication of racism, racial discrimination, xenophobia and related intolerance are of crucial importance and key elements for the promotion of cohesion and peaceful resolution of community tensions; [adopted ad ref. informals]
    2. Stresses the need to increase appropriate preventive measures to eliminate all forms of racial discrimination, and emphasizes the important role Governments, international and regional organizations, national human rights institutions, the media, non-governmental organizations and civil society can play in developing such measures and in building confidence; [adopted ad ref. informals, revised by Chair]
    1. Stresses the need for a comprehensive and universal approach to preventing, combating and eradicating racism, racial discrimination, xenophobia and related intolerance in all parts of the world; [adopted ad ref. ISWG]
    2. Stresses the need for advocating and mobilizing the political will of relevant actors at all levels to eliminate racism, racial discrimination, xenophobia and related intolerance; [adopted ad ref. ISWG, revised by Chair]
    3. 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. ISWG, revised by Chair]
    4. Calls on States to take effective, tangible and comprehensive measures to prevent, combat and eradicate all forms and manifestations of racism, racial discrimination, xenophobia and related intolerance as a matter of priority;
    5. 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;

    I call upon President Barack Hussein Obama, Secretary of State Hillary Rodham Clinton, the United States Senate and the European Union to withdraw from, Boycott, discountenance and condemn the Durban II Conference. There is no ground for acceptance of any of the O.I.C.’s contumacious demands no matter how they are veiled or concealed by indirect references and Orwellian inversions of our language.


    Durban II Sham Revision

    Anne Bayefsky reports in Forbes: “Obama Should Denounce Durban II “.

    She reports that a revised draft of the Durban II resolution drops certain offensive language, but commences with a reaffirmation of the DDPA of ’01.
    Inclusion of that reaffirmation brands the revision as an unacceptable sham. While she gives us some paraphrases and brief quotes, no link to the revision is provided in her report or any of the available news reports of the revision.

    In the absence of authoritative text, I reject the revised draft on the basis of what it affirms. Bear in mind while reading the following quotes from the DDPA,, that wherever “racism” is printed, you must read “Islamophobia”. The following quote is from Preliminary document of the African Regional Conference Preparatory to the Durban Review Conference [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;


    DDPA
    pg 12

    59. We recognize with deep concern religious intolerance against certain religious
    communities
    , as well as the emergence of hostile acts and violence against such communities
    because of their religious beliefs and their racial or ethnic origin in various parts of the world
    which in particular limit their right to freely practise their belief;

    60. We also recognize with deep concern the existence in various parts of the world
    of religious intolerance against religious communities and their members, in particular limitation
    of their right to practise their beliefs freely, as well as the emergence of increased negative
    stereotyping
    , hostile acts and violence against such communities because of their religious
    beliefs and their ethnic or so-called racial origin;

    61. We recognize with deep concern the increase in anti-Semitism and Islamophobia
    in various parts of the world, as well as the emergence of racial and violent movements based on
    racism and discriminatory ideas against Jewish, Muslim
    and Arab communities;

    62. We are conscious that humanity’s history is replete with terrible wrongs inflicted
    through lack of respect for the equality of human beings and note with alarm the increase of such
    practices in various parts of the world, and we urge people, particularly in conflict situations, to
    desist from racist incitement, derogatory language and negative stereotyping;

    pg. 15

    79. We firmly believe that the obstacles to overcoming racial discrimination and
    achieving racial equality mainly lie in the lack of political will, weak legislation and lack of
    implementation strategies and concrete action by States, as well as the prevalence of racist
    attitudes
    and negative stereotyping;

    80. We firmly believe that education, development and the faithful implementation of
    all international human rights norms and obligations, including enactment of laws and political,
    social and economic policies
    , are crucial to combat racism, racial discrimination, xenophobia and
    related intolerance;

    81. We recognize that democracy, transparent, responsible, accountable and
    participatory governance responsive to the needs and aspirations of the people, and respect for
    human rights, fundamental freedoms and the rule of law are essential for the effective prevention
    and elimination of racism, racial discrimination, xenophobia and related intolerance. We
    reaffirm that any form of impunity for crimes motivated by racist and xenophobic attitudes plays
    a role in weakening the rule of law and democracy and tends to encourage the recurrence of such
    acts;

    85. We condemn political platforms and organizations based on racism, xenophobia
    or doctrines of racial superiority and related discrimination, as well as legislation and practices
    based on racism, racial discrimination, xenophobia and related intolerance, as incompatible with
    democracy and transparent and accountable governance. We reaffirm that racism, racial
    discrimination, xenophobia and related intolerance condoned by governmental policies violate
    human rights and may endanger friendly relations among peoples, cooperation among nations
    and international peace and security;

    86. We recall that the dissemination of all ideas based upon racial superiority or
    hatred shall be declared an offence punishable by law
    with due regard to the principles embodied
    in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the
    International Convention on the Elimination of All Forms of Racial Discrimination;

    pg. 48

    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;

    Those expressions are absolutely unacceptable to lovers of liberty; they should never have been uttered, published & promulgated and must not be affirmed because they constitute a thinly veiled demand for the global imposition of Islam’s blasphemy law.

    Paragraph 150 calls for all states to criminalize Islamophobia through effective legislation. There is no such entity! Phobia implies irrational fear & loathing. Islam has earned fear & loathing; the former intentionally, as celebrated in 33:26 and 59:13. A war cult responsible for 270 million deaths over the last 1384 years is worthy of loating.

    Shari’ah is unacceptable, whether it is imposed by force, legislated directly or sneaked in through the back door. It plainly states that we may be executed for saying anything “impermissible” about Islam.

    Yes, indeed, President Barack Hussein Obama should denounce the sham revision of the Durban II draft. I doubt that he will, I expect him to accept the sham as an opportunity for “engagement”. I will be pleasantly surprised if he does permanently denounce it.

    Obama Backing out of Durban II?

    CBC News claims that Obama Administration officials have declared an intention to Boycott the Durban II Converence unless language deligitimiszing Israel and criminalizing criticism of Islam is removed. CBC’s sources remain anonymous, not that I’d believe any member of Obama’s crew of cronies.

    This article is distinguished from the mill run by inclusion of a link to the draft document: Draft of UN document. That text is one month old, probably not reflecting recent changes, of which it seems there were few.

    CBC makes reference to an article on Politico, which supposedly expresses tolerance for “shorter, much different text”. Ben Smith’s Blog at Politico has this headline:

    U.S. pulling out of racism conference

    Here are the weasel words:

    They left open the option of re-engaging on a “much shorter, much different text,” a source said.

    That loop hole is broad enough to sail anything through. According to Smith, President Obama was expected to issue a statement. A search of Whitehouse.gov proved fruitless. Why should we be ‘engaging’ with the representatives of tyrranical regimes which form the majority of the UNHRC? We can not possibly have enough positive effect on the outcome to make it acceptable.

    For the time being, we can only hope that The U.S.A. will not participate in the hate fest. Here are a few examples of the tripe we should avoid legitimizing.

    [Notes that other obstacles hampering progress in the collective struggle against racism and racial discrimination include [first and foremost the absence of political will, the denial of the existence of contemporary racist tendencies,] weak [national] legislation and policies, lack of effective strategies, [lack of political will,] lack of implementation of international legal framework and commitments, impunity on different grounds [ – including [[negative] abuse of] freedom of expression, [counter-terrorism, and national security] [stereotypical association of religion with terrorism and violence by the media and national security forces]– as well as an increase in extreme right wing xenophobic political platforms. Hence the need [arises] to deal with this menace in all its forms and manifestations with all available tools at our disposal];]

    [Notes with] [Expresses] deep concern [at] the widening use by some groups and organizations of the opportunities provided by print, audio-visual and electronic media as well as scientific and technological progress, such as the Internet, to promote racist and xenophobic propaganda aimed at inciting societies throughout the world to racial [and religious] hatred;

    [Draws attention to the impact of] [Strongly deplores the [overt and covert] discriminatory] counter-terrorism measures [on] [that have led to] the rise of racism,

    racial discrimination, xenophobia and related intolerance [including the practice of racial, ethnic, national and religious profiling;]

    NEW PARA: Also condemns all acts of ethnic, racial or religious profiling and segregation in any society, wherever it may occur, and its concomitant negative impact on the human rights of affected segments of population [and urges States to take resolute action against those responsible both in the public and private sectors]; [proposal to move to section 5].

    NEW PARA: Reaffirms that counter-terrorism strategies should not undermine the protection of human rights and the fight against racism, racial discrimination, xenophobia and related intolerance;

    Recognizes with deep concern the global rise in the number of incidents of intolerance and violence against members of religious minorities in various parts of the world [in particular] motivated by [different forms of religious intolerance] [Islamophobia, anti-Arabism, anti-Semitism and Christianophobia];

    ALT: Recognizes with deep concern the global rise in the number of incidents of intolerance and violence against members of religious minorities in various parts of the world;

    25. Condemns any advocacy of racial or religious hatred which constitutes incitement to discrimination, hostility or violence, and recognizes that only a competent, independent and impartial tribunal established by law may determine, case by case, in a fair and public hearing, whether the facts presented qualify as incitement to racial or religious hatred [prohibited by law]; ALT: Condemns any advocacy of racial or religious hatred which constitutes incitement to discrimination, hostility or violence, and [should be prohibited by law;]

    26. [[Notes with concern] [Seriously concerned at the] instances of defamation of religions, which manifests itself in [projecting negative, insulting and derogatory images of religions and religious personalities,] generalized and stereotypical association of religions, in particular Islam, with violence and terrorism, thus impacting negatively on the rights of individuals belonging to these religions, including Muslim minorities, and exposing them to hatred and discrimination. Such situations are further aggravated by the imposition of restrictions on the profession of religions, including [the surveillance of places of worship and restrictions on their construction] [the construction of places of worship and their surveillance];]

    Reaffirms a holistic approach to human rights guaranteeing the indivisibility of all human rights, and stresses that [fundamental freedoms of expression and association should continue to contribute and promote the positive and desirable phenomenon of multiculturalism, respect for cultural diversity and tolerance among all religions, peoples and societies.] [the fight against racial and religious hatred should not serve as a pretext to legitimize impermissible limitations to freedom of expression] [as the right to freedom of expression constitutes one of the essential foundations of a democratic society as it ensures individual self-fulfillment and a pluralistic, tolerant society with access to multitudes of ideas and philosophies]; ALT/NEW PARA: Reiterates that freedom of religion or belief, freedom of opinion and expression and non-discrimination are interdependent and stresses the need to strengthen the process of effectively adjudicating cases associated with incitement to national racial and religious hatred in accordance with the permissible limitations under article 20 of the ICCPR and analogous instruments; NEW PARA: Recognizes the importance of the positive role that can be played by the media in this context in particular through a responsible media that abstains from diffusing hate or defamatory information and that engages to fight against such practices;

    [Expresses deep concern at the practices of racial discrimination against the Palestinian people as well as [Syrian nationals of the occupied Syrian Golan] [other inhabitants of the Arab occupied territories] which have an impact on all aspects of their daily existence and prevent the enjoyment of fundamental rights, and renews the call for the cessation of all such practices;]

    31. [Reiterates that the Palestinian people have the inalienable right to self determination and that, in order to consolidate the [Israeli] occupation, they have been subjected to unlawful collective punishment, torture, economic blockade, severe restriction of movement and arbitrary closure of their territories. Also notes [with concern] that illegal settlements continue to be built in the occupied [Arab] territories [since 1967];]

    32. [Reaffirms that a foreign occupation founded on settlements, laws based on racial discrimination with the aim of continuing domination of the occupied territory[y][ies], as well as the practice of reinforcing a total military blockade, isolating towns, villages and cities from one another, [totally] contradicts the purposes and principles of the Charter of the United Nations [and constitutes a serious violation of international human rights and humanitarian law, a crime against humanity, a contemporary form of apartheid and serious threat to international peace and security] [and violates the basic principles of international human rights law];]

    [NEW PARA: Expresses deep concern at the plight of Palestinian refugees and other inhabitants of the Arab occupied territories as well as displaced persons who were forced to leave their homes because of war and racial policies of the occupying power and who are prevented from returning to their homes and properties because of a racially-based law of return. It recognizes the right of return of Palestinian refugees as established by the General Assembly in its resolutions, particularly resolution 194 of 11 December 1948, and calls for the return to their homeland in accordance with and in implementation of this right;]

    33. [Reiterates deep concern about the plight of the Palestinian people [as well as inhabitants of the other occupied territories] under foreign occupation, [including the obstruction of the return of refugees and displaced persons, and the construction of the segregation wall,] and urges respect for international human rights law, international refugee law and international humanitarian law, and calls for a just, comprehensive and lasting peace in the region;]

    34. [Re-emphasizes the responsibility of the international community to provide international protection, in particular from racism, racial discrimination, xenophobia and related intolerance, for [Palestinian] civilian populations under occupation in conformity with international human rights law and international humanitarian law;] [Proposal to include reference to Gaza situation – language to be provided]