ISSUES UNESCO. Freedom of speech and religion Freedom of speech on the internet

Transcription

1 ISSUES UNESCO Freedom of speech and religion Freedom of speech on the internet

2 1.- UNESCO The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized agency aiming to promote peace and security in the world through collaboration amongst nations and dialogue among civilizations, cultures and peoples, via education, science, culture and communication, based upon the respect for shared values. Aiming to achieve a global vision of sustainable development, UNESCO s work covers different areas, such as education, natural sciences, social and human sciences, culture, and communication and information. The UNESCO was created in 1942, when the Second World War had not yet finished. Governments of the European Countries and its allies met in the United Kingdom for the Conference of Allied Ministers of Education (CAME) with the objective of pondering how to build educational systems in peacetimes. Later, a United Nations conference was celebrated in London, with the participation of forty states, to establish an educational and cultural organization. Finally, driven by France and the United Kingdom, a new organization was created in 1945, on November the 16 th, with the main goal of promoting a culture of peace and, above all, to prevent a recurrence of another world war, by encompassing the observance of human rights, mutual respect and the alleviation of poverty as its main objective. The UNESCO has two main governing bodies: the General Conference and the Executive Board. The General Conference is formed by the representatives of all member states and each one has a vote. This body determines the policies of, and the main strategies in which, the organization operates every two years. It also chooses the members of the Executive Board and appoints, every four years, the Director-General. Since September 2009, the Bulgarian Irina Bokova holds the office. The Executive Board meets twice a year and it is in charge of ensuring that decisions are properly carried out. The functions of the Executive Board are established by the Constitution and rules or directives set by the General Conference. The Executive Board is made up by 58 members, elected by the General Conference and respecting cultural diversity and geographic origins in order to ensure a balance between the regions of the world. The composition of the UNESCO was determined by historical changes in the world. Most of these changes resulted from political interests and ideological confrontations during the Cold War and its end, and the birth of new states after the decolonization. By now, the organization has 195 Members and 8 Associate Members, represented mostly by Permanent Delegations to UNESCO (ambassadors) with the cooperation of National Commissions for UNESCO that

3 associate the governmental and non-governmental bodies with the work within the organization. As stated previously, the mission of the UNESCO is to contribute to peace, eradication of poverty, sustainable development and intercultural dialogue via different strategies. These strategies and activities are supported by the international community and shared by the Millennium Development Goals. 2.- INTRODUCTION The present dossier will focus on UNESCO s position regarding freedom of expression, freedom of religion and freedom of expression on Internet. Some recent events in different parts of the world have revived and reopened the discussion on the confrontation between freedom of speech and respect for religions. Demands on a stronger position for freedom of expression clash with the demands for a greater respect for diversity. At the same time, we can observe in certain countries and regimes that some of the restrictions on freedom of speech can be used to silence or hide opposition and contrary opinions. This is also applicable to new media, such as the Internet. UNESCO, as the organization responsible for the promotion of freedom of speech as a basic human right, as well as freedom of religion, has the obligation to pronounce on how to guarantee the coexistence between both rights or where the limit between each right is. 3.- FREEDOM OF SPEECH & RELIGION Freedom of expression and freedom of religion are both considered basic human rights. Among other legal documents, Article 18 of the Universal Declaration of Human Rights stays that Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. In the same direction, the International Covenant on Civil and Political Rights in its article 18 declares that 1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching, 2) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice, 3) Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others and 4) The States Parties to the

4 present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. UNESCO, acting under the above mentioned principles, stays for an equitable exchange and a dialogue between cultures and peoples, which should be based on mutual understanding and respect. This must be considered an essential prerequisite for social cohesion, reconciliation and peace among nations. Along with the encouragement of cultural pluralism, UNESCO discourages at the same time any expressions of extremism and fanaticism. In a world where conflicts are increasingly associated with religion or religious belonging, the need for a promotion of understanding between religions and humanistic or spiritual traditions to eliminate ignorance and prejudices is becoming more and more urgent. Therefore, the number of activities and projects aiming a multicultural peaceful coexistence has increased considerably in the last years. One of the main projects has been the "UNESCO Chairs of Interreligious Dialogue for Intercultural Understanding". Based on the principles of the Oslo Declaration on Freedom of Religion or Belief, adopted in 1998, all countries should participate in the development of a strategic plan of action to step forward in the guarantee of freedom of thought, conscience and religion and in the elimination of any form of discrimination or intolerance based on religious or ethical reasons. The convention declares that religions and beliefs are recognized as peaceful activities and that their misuse may lead to prejudices and the refusal of certain rights and freedoms. The same document states the importance of the UNESCO in the work for peace through cultural and religious dialogue and calls for a coordinated cooperation of UN organizations on problems involving these fundamental rights. UNESCO must discuss how to protect and promote religious freedom without imposing limits to freedom of speech. Freedom of religion or belief can hardly be ensured without the protection of freedom of speech, since both are interdependent. Although free speech might seem uncomfortable for some groups or communities, it is necessary for the exercise of the other rights and freedoms. No legislation guaranteeing freedom of religion should reduce freedom of expression and if there are indications or evidences of hate speech that incites violence, intolerance and discrimination, the problem should be confronted through legislating on the crime itself and not by restricting the free speech. Freedom of expression is not an absolute right and it must be balanced against the welfare of the general public.

5 4.-FREEDOM OF EXPRESSION ON INTERNET Internet and other emerging media platforms has become a very important tool for development, democracy and dialogue by providing an unprecedented volume of resources for information and knowledge. These media can also be used to achieve new opportunities for expression and participation in a wide range of issues. UNESCO is the one organization responsible for the warranty of freedom of expression all over the Internet. The transnational characteristics of the Internet have also involved different kinds of actors, which, due to diverse goals and values, have created or imposed limits to this media. So, while the freedom of expression is expanding through the new media, new regulations and policies are limiting this right. It is difficult to regulate the freedom of expression on Internet without any consequences for the freedom itself and the protection of the private sphere. But it is really important to know which consequences on freedom of expression the current use of Internet can have. The challenges to privacy protection have increased in the last years through the advent of new types and amounts of information. Moreover, this may lead to interferences in religious, sexual or other kinds of individual views, since privacy rights and, especially anonymity, can reinforce the freedom of expression. Yet, at the same time it imposes certain limits. What is required to do is to decide which right cares more for the public interest, when freedom of expression and privacy rights on the Internet arrive to a confrontation. The responsibility of the UNESCO relies in providing the opportunity to discuss and explore the legal and regulatory framework concerning the Internet and the freedom of expression at a global, regional and national level, as well as recommending policy guidelines to its member states. For this purpose, UNESCO organizes workshops and meetings since In 2011, UNESCO published the report Freedom of Connection Freedom of Expression: The Changing Legal and Regulatory Ecology Shaping the Internet, which explores the state of freedom of expression on Internet and provides guidance for policy-makers by presenting different mechanisms, including technical initiatives as filtering, digital rights as censorship, freedom of information, privacy and data protection, industrial policy as copyright, intellectual property and industrial strategies, users policies such as regulations on fraud, child protection, decency, libel and control of hate speech, network practices as identity and providers and, finally, security regulations such as spam and viruses control to protect national security. Another important initiative of the UNESCO has been the range of debates and workshops on Privacy and Social Networking at World Summit on the Information Society (WSIS) Forum and Internet Governance Forum (IGF), in order to offer coherent legislation advices to protect users

6 rights on privacy protection and to promote citizens involvement and corporate responsibility in Internet governance in order to ensure the mentioned fundamental right through international collaboration between governments, private sector and civil society. During the World Press Freedom Day, held on 3 rd 5 th May 2012 in Tunisia, experts discussed the role of new media for freedom and for the transformation of societies, i.e., the capacity of Internet to mobilize people in protests and manifestations against a government or other national and international actors. Also during the Freedom Online Conference, held in Kenya in September 2012, freedom of expression on Internet was the most important issue to consider. There is a common will of the 17 Member States of the Freedom Online Coalition to protect citizens from any damages of the freedom of expression as a global responsibility. They agree that this right does also have a positive impact on the development interests of a country. Concerning the exceptions, these should be taken only under international standards based on common principles, such as the protection of other rights, national security and public health and morals. The main goal is to ensure transparency and equal opportunities. In a report about freedom of expression on Internet, realized in 2011 by the UNESCO, a new view is provided on the threats to expression, standing out the increasing cases of censorship and filtering. Therefore, there is a need to coordinate de global, regional and local approaches to Internet governance in order to create a coherent regulation for an international public resource. Finally, on December 2012, at the World Conference on International Telecommunications (WCIT) in Dubai, there was a great media controversy. Western countries showed their concern on the attempts of Russia, China and Arabic countries of increasing the control over Internet, arguing national security reasons, including terrorism and organized crime. Nevertheless, Even in some of these concerned countries, laws have been or are being prepared to require and gather private personal information of internet users in relation to violent acts in demonstrations. 5.-RECENT CASES In September 2012, a 14 minute anti-islamic video titled Innocence of Muslims, written and produced by the Egyptian-born US resident Nakoula Basseley Nakoula, appeared on Youtube dubbed in Arabic language (the initial version was uploaded in July of the same year). Part of the video, which makes a caricature of the prophet Muhammed, was broadcast on an Egyptian Islamist television station, which provoked a wide range of demonstrations and violent protests,

7 considered blasphemous by many Muslims. The first reactions happened in Egypt and Libya, but quickly spread to other Arab and Muslim nations and some western countries. The most shocking consequences were registered in Benghazi, were armed men attacked the US consulate and set a fire that killed, among others, the visiting US Ambassador to Libya, Christopher Stevens. In total, the protests have led to hundreds of injuries and over 75 deaths. Youtube blocked voluntarily the video in various countries, i.e. Egypt, Libya, Saudi Arabia or Pakistan, due to different reasons, such as local laws and the difficult situation the video has provoked. Some countries and regions have blocked the Youtube site until the video is removed, yet Youtube has declared that the video meets its guidelines and cannot been considered as hate speech. Nevertheless, it seems like freedom of expression has clashed with freedom of religion and freedom of expression on Internet in this case, provoking violent consequences. During the same month, the French weekly newspaper Charlie Hebdo published a series of satirical cartoons of Mohammed. The French Foreign Minister criticized the magazine, considering that freedom of expression should not be undermined. It seems to be a provocation to publish this type of cartoons in such a delicate situation, but the newspaper s editorial declared that their use of freedom of expression was applied to all kind of situations and they wouldn t treat certain religions in a special way. Weather they re right or wrong, the confrontation between both fundamental rights is a fact in this situation. Another incident earlier in 2012 illustrates the conflict between freedom of expression and freedom of religion. In February, five members of the Russian punk-rock group Pussy Riot performed a song, entitled "Punk Prayer - Mother of God, Chase Putin Away!", inside of the Moscow s Cathedral of Christ the Savior, as a protest against the Orthodox Church leader's support for Putin. Three of the members were arrested for hooliganism and two of them sentenced to prison camps, after the reformation of the Russian penal code to punish the "desecration of worship places and objects". The Patriarch of Moscow and All Russia, Kirill I, condemned the action as a "blasphemy", while NGOs, as Amnesty International, consider the members prisoners of conscience. And this list of cases, unfortunately, continues. Regarding the first case, UN Secretary General Ban Ki-moon considered the spreading of the film as "shameful to exploit the fundamental right to freedom of expression to provoke intolerance and bloodshed. To provoke anger only fuels the cycle of recrimination and senseless violence". This statement caused different reactions by the society. Some sectors are demanding a stronger position for the right to freedom of expression, while others want to modulate this right to a greater or lesser extent to ensure

8 respect for religions. For example, the Arab League requested the Security Council to develop an international framework to guarantee the respect for religions. The Security Council, as well as the rest of the UN organizations, with the support of the Special Rapporteur on freedom of religion or belief, has the responsibility to promote the adoption of measures at the national, regional and international levels. 1. C MUN 2013 The debate on freedom of expression, freedom of religion and freedom of expression on Internet remains ongoing. It is a controversial issue, since these fundamental rights can stand in contraposition to each other, making it impossible to guarantee the welfare and agreement of each sector of the society. Therefore, the task of the delegates of the UNESCO during C MUN 2013 will be moving forward by analysing and discussing if it is possible and how to adapt measures to guarantee the coexistence of freedom of expression in all its forms and the respect for religious and ideological pluralism. Those measures can be legal regulations at different territorial levels, training and the tools to investigate and prosecute violations of these rights and/or policies that provide support and resources to combat discrimination. The mentioned cases will make the delegates rethink about why determinate arguments are valid for the protection of one right but not for another. Does one freedom predominate over the other? Should the controversy be handled on an international level or would it be more efficient to manage it locally? Is it possible to protect religious freedom without limiting freedom of speech? In order to achieve a positive outcome from this debate, delegates and the countries and organizations represented by them must be reminded that diversity should be not a reason to divide us, but an instrument to build a bridge between us. This Dossier has been made thanks to the work of Alexandra Semeriak.