[Congressional Record Volume 164, Number 158 (Tuesday, September 25, 2018)]
[Senate]
[Pages S6307-S6308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 647--CALLING FOR THE GLOBAL REPEAL OF BLASPHEMY, 
                       HERESY, AND APOSTASY LAWS

  Mr. LANKFORD (for himself and Mr. Coons) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 647

       Whereas Article 18 of the International Declaration of 
     Human Rights states that ``[e]veryone has the right to 
     freedom of thought, conscience and religion; this right 
     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'';
       Whereas many countries continue to have criminal blasphemy 
     laws and punish people who engage in expression deemed by the 
     government to be blasphemous, heretical, apostate, defamatory 
     of religion, or insulting to religion or to religious 
     symbols, figures, or feelings, and such punishment can 
     include fines, imprisonment, and capital punishment including 
     by beheading;
       Whereas blasphemy laws have affected Christians, Muslims, 
     Hindus, Baha'i, secularists, and many other groups, and are 
     inconsistent with international human rights standards 
     because they establish and promote official religious 
     orthodoxy and dogma over individual liberty, and often result 
     in violations of the freedoms of religion, thought, and 
     expression that are protected under international 
     instruments, including Articles 18 and 19 of the 
     International Covenant on Civil and Political Rights (ICCPR);
       Whereas the United Nations Human Rights Committee stated in 
     General Comment 34 that ``[p]rohibitions of displays of lack 
     of respect for a religion or other belief system, including 
     blasphemy laws, are incompatible with the [ICCPR]'';
       Whereas the United States Commission on International 
     Religious Freedom (USCIRF) has found that blasphemy charges 
     are often based on false accusations, are used for sectarian 
     or political purposes, and foster religious intolerance, 
     discrimination, and violence;
       Whereas the Pew Research Center has found that 44 countries 
     had blasphemy laws as of 2012;
       Whereas these laws were present in 14 Middle East and North 
     African countries, 11 countries in the Americas, 9 Asia-
     Pacific countries, 7 European countries, and 3 Sub-Saharan 
     African countries;
       Whereas the Pew Research Center also found that countries 
     with laws against blasphemy, apostasy, or defamation of 
     religion were more likely to have severe governmental 
     restrictions on religion, and to experience social 
     hostilities based on religion, than countries that did not 
     have such laws;
       Whereas an international group of experts convened by the 
     Office of the United Nations High Commissioner for Human 
     Rights recommended in 2012 that ``[s]tates that have 
     blasphemy laws should repeal the[m] as such laws have a 
     stifling impact on the enjoyment of freedom of religion or 
     belief and healthy dialogue and debate about religion'';
       Whereas blasphemy laws are inconsistent with United Nations 
     resolutions adopted by consensus since 2011 recognizing that 
     religious intolerance is best fought through positive 
     measures, such as education, outreach, and counter-speech, 
     and that criminalization of speech is warranted only for the 
     prevention of imminent violence;
       Whereas, according to the annual religious freedom report 
     published by the Department of State in 2015, attackers in 
     Bangladesh killed five allegedly anti-Islamic or secularist 
     writers and publishers, and injured three others;
       Whereas, in response to these killings, the Home Minister 
     of Bangladesh, rather than condemning the murders, called on 
     bloggers and others to refrain from writings that could hurt 
     the religious feelings of others and added that violators of 
     the warning would be subject to prosecution under the 
     restrictive religious freedom laws of Bangladesh;
       Whereas a 2016 report by USCIRF on Bangladesh found that 
     religious and civil society groups fear that increasing 
     religious extremism will result in more criminal attacks and 
     threats;
       Whereas restrictive religious freedom laws validate and 
     promote social violence targeted at religious minorities and 
     dissenters, whether Christian, Muslim, secularist, or other;
       Whereas USCIRF has found that in Pakistan, blasphemy laws 
     have been used to prosecute and persecute Muslims, 
     Christians, secularists, and others;
       Whereas, according to a Pew Center report on religion and 
     public life, Pakistan stands out for having one of the 
     highest levels of restrictions on religion when both 
     government restrictions and social hostilities are taken into 
     account;
       Whereas USCIRF has found egregious examples of the 
     enforcement of blasphemy laws and vigilante violence 
     connected to blasphemy allegations in Pakistan, where 
     blasphemy charges are common and numerous individuals are in 
     prison, with a high percentage sentenced to death or to life 
     in prison;
       Whereas, as of February 2015, USCIRF is aware of 18 
     individuals on death row for blasphemy in Pakistan and 20 
     serving life sentences;
       Whereas Asia Bibi was sentenced to death for blasphemy in 
     2010, and the Lahore High Court upheld the conviction in late 
     2014, and her case is on appeal to the Supreme Court of 
     Pakistan;
       Whereas blasphemy laws in Pakistan have fostered a climate 
     of impunity, as those who falsify evidence go unpunished and 
     allegations often result in violent mob attacks or 
     assassinations, with little to no police response;
       Whereas, in 2017, the Christian Governor of Jakarta, 
     Indonesia, was convicted for blasphemy of Islam and sentenced 
     to two years in jail;
       Whereas the application of blasphemy laws is on the rise in 
     Europe;
       Whereas blasphemy laws in the United States were 
     invalidated by the adoption of the First Amendment to the 
     Constitution, which protects the freedoms of thought, 
     conscience, expression, and religious exercise; and
       Whereas the United States has become a beacon of religious 
     freedom and tolerance around the world: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes that blasphemy, heresy, and apostasy laws 
     inappropriately position governments as arbiters of religious 
     truth and empower officials to impose religious dogma on 
     individuals or minorities through the power of the government 
     or through violence sanctioned by the government;
       (2) calls on the President and the Secretary of State to 
     make the repeal of blasphemy, heresy, and apostasy laws a 
     priority in the bilateral relationships of the United States 
     with all countries that have such laws, through direct 
     interventions in bilateral and multilateral fora;
       (3) encourages the President and the Secretary of State to 
     oppose--
       (A) any efforts, by the United Nations or by other 
     international or multilateral fora, to create an 
     international anti-blasphemy norm, such as the ``defamation 
     of religions'' resolutions introduced in the United Nations 
     between 1999 and 2010; and
       (B) any attempts to expand the international norm on 
     incitement to include blasphemy or defamation of religions;
       (4) supports efforts by the United Nations to combat 
     intolerance, discrimination, or violence against persons 
     based on religion or belief without restricting expression, 
     including United Nations Human Rights Council Resolution 16/
     18 (2011) and the Istanbul Process meetings pursuant to such 
     resolution, that are consistent with the First Amendment to 
     the Constitution;
       (5) calls on the President and the Secretary of State to 
     designate countries that enforce blasphemy, heresy, or 
     apostasy laws as ``countries of particular concern for 
     religious freedom'' under section 402(b)(1)(A)(ii) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)(A)(ii)) for engaging in or tolerating severe 
     violations of religious freedom, as a result of the abuses 
     flowing from the enforcement of such laws and from unpunished 
     vigilante violence often generated by blasphemy allegations;
       (6) urges the governments of countries that enforce 
     blasphemy, heresy, or apostasy laws to amend or repeal such 
     laws, as they provide pretext and impunity for vigilante 
     violence against religious minorities; and
       (7) urges the governments of countries that have 
     prosecuted, imprisoned, and persecuted people on charges of 
     blasphemy, heresy, or apostasy to release such people 
     unconditionally and, once released, to ensure their safety 
     and that of their families.

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