[Congressional Record Volume 166, Number 216 (Saturday, December 19, 2020)]
[Senate]
[Pages S7850-S7852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CALLING FOR THE GLOBAL REPEAL OF BLASPHEMY, HERESY, AND APOSTASY LAWS

  Mr. GARDNER. Mr. President, I ask unanimous consent that the 
Committee on Foreign Relations be discharged from further 
consideration, and the Senate now proceed to S. Res. 458.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The senior assistant legislative clerk read as follows:

       A resolution (S. Res. 458) calling for the global repeal of 
     blasphemy, heresy, and apostasy laws.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the resolution.
  Mr. GARDNER. I ask unanimous consent that the Lankford amendment to 
the resolution be agreed to; that the resolution, as amended, be agreed 
to; that the Lankford amendment to the preamble be agreed to; that the 
preamble, as amended, be agreed to; and that the motions to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2719) was agreed to, as follows

                (Purpose: In the nature of a substitute)

        Strike all after the resolving clause and insert the 
     following: ``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 
     encourage the repeal of blasphemy, heresy, and apostasy in 
     bilateral discussions between the United States and 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

[[Page S7851]]

     to allow for freedom of religion and expression and 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.

  The resolution (S. Res. 458), as amended, was agreed to.
  The amendment (No. 2720) to the preamble was agreed to, as follows

                    (Purpose: To amend the preamble)

       Strike the preamble and insert the following:
       Whereas Article 18 of the Universal 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 many 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, 
     Jews, Hindus, Baha'i, secularists, and many other groups, 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 USCIRF has found that at least 84 countries had 
     blasphemy laws as of 2020;
       Whereas USCIRF has identified 41 countries that have taken 
     enforcement action in 674 criminal blasphemy cases between 
     2014 and 2018;
       Whereas these laws were enforced in 15 Middle East and 
     North African countries, 14 Asia-Pacific countries, 7 
     European countries, and 5 Sub-Saharan African countries 
     between 2014 and 2018;
       Whereas Pakistan, Iran, Russia, India, Egypt, Indonesia, 
     Yemen, Bangladesh, Saudi Arabia, and Kuwait account for more 
     than 81 percent of all reported cases of state criminal 
     blasphemy enforcement;
       Whereas USCIRF has found that the three countries without 
     an official state religion that have the highest state 
     enforcement of blasphemy laws are Russia, India, and 
     Indonesia;
       Whereas the Pew Research Center 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 restrictive laws beyond those penalizing blasphemy, 
     heresy, and apostasy further limit religious freedom, such as 
     extremism laws--
       (1) in Russia that have been used to ban Jehovah's 
     Witnesses as an extremist organization and fueled persecution 
     of this religious group;
       (2) in China, to arbitrarily detain an estimated 800,000 to 
     2,000,000 Uighur Muslims in internment camps because they 
     followed Islamic rituals and practices; and
       (3) in North Korea, to detain an estimated 50,000 to 70,000 
     Christians in labor camps because they followed the tenets of 
     Christianity;
       Whereas an international group of experts convened by the 
     Office of the United Nations High Commissioner for Human 
     Rights recommended in 2012 that ``[s]tates that have 
     blasphemy laws should repeal the[m] as such laws have a 
     stifling impact on the enjoyment of freedom of 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 more than one-quarter of reported cases implicated 
     alleged blasphemous speech posted on social media platforms;
       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, as of May 2020, USCIRF was aware of approximately 
     40 individuals on death row for blasphemy in Pakistan or 
     serving life sentences;
       Whereas Asia Bibi was sentenced to death for blasphemy in 
     2010 and was held on death row for 8 years, until the Supreme 
     Court of Pakistan overturned her conviction in 2018, upheld 
     her acquittal, and granted her permission to leave the 
     country to flee the threats against her in 2019;
       Whereas Pakistan selectively enforces the blasphemy and 
     anti-terrorism laws against minority religious groups, 
     including by specifically targeting Ahmadiyya Muslims such as 
     Abdul Shakoor, an 82-year old optician and bookseller who was 
     recently released after serving over three years in prison on 
     such charges;
       Whereas, on July 29, 2020, Tahir Ahmad Naseem, a United 
     States citizen, was shot and killed in a courtroom while on 
     trial for blasphemy;
       Whereas, in 2017, the Christian Governor of Jakarta, 
     Indonesia, was convicted for blasphemy of Islam and sentenced 
     to two years in jail;
       Whereas several countries that previously maintained 
     blasphemy laws have recently removed these provisions, 
     including Iceland, Norway, Malta, Denmark, Ireland, Canada, 
     New Zealand, Greece, and Scotland;
       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

  The preamble, as amended, was agreed to.
  The resolution, as amended, with its preamble, as amended, reads as 
follows

                              S. Res. 458

       Whereas Article 18 of the Universal 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 many 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, 
     Jews, Hindus, Baha'i, secularists, and many other groups, 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 USCIRF has found that at least 84 countries had 
     blasphemy laws as of 2020;
       Whereas USCIRF has identified 41 countries that have taken 
     enforcement action in 674 criminal blasphemy cases between 
     2014 and 2018;
       Whereas these laws were enforced in 15 Middle East and 
     North African countries, 14 Asia-Pacific countries, 7 
     European countries, and 5 Sub-Saharan African countries 
     between 2014 and 2018;
       Whereas Pakistan, Iran, Russia, India, Egypt, Indonesia, 
     Yemen, Bangladesh, Saudi

[[Page S7852]]

     Arabia, and Kuwait account for more than 81 percent of all 
     reported cases of state criminal blasphemy enforcement;
       Whereas USCIRF has found that the three countries without 
     an official state religion that have the highest state 
     enforcement of blasphemy laws are Russia, India, and 
     Indonesia;
       Whereas the Pew Research Center 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 restrictive laws beyond those penalizing blasphemy, 
     heresy, and apostasy further limit religious freedom, such as 
     extremism laws--
       (1) in Russia that have been used to ban Jehovah's 
     Witnesses as an extremist organization and fueled persecution 
     of this religious group;
       (2) in China, to arbitrarily detain an estimated 800,000 to 
     2,000,000 Uighur Muslims in internment camps because they 
     followed Islamic rituals and practices; and
       (3) in North Korea, to detain an estimated 50,000 to 70,000 
     Christians in labor camps because they followed the tenets of 
     Christianity;
       Whereas an international group of experts convened by the 
     Office of the United Nations High Commissioner for Human 
     Rights recommended in 2012 that ``[s]tates that have 
     blasphemy laws should repeal the[m] as such laws have a 
     stifling impact on the enjoyment of freedom of 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 more than one-quarter of reported cases implicated 
     alleged blasphemous speech posted on social media platforms;
       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, as of May 2020, USCIRF was aware of approximately 
     40 individuals on death row for blasphemy in Pakistan or 
     serving life sentences;
       Whereas Asia Bibi was sentenced to death for blasphemy in 
     2010 and was held on death row for 8 years, until the Supreme 
     Court of Pakistan overturned her conviction in 2018, upheld 
     her acquittal, and granted her permission to leave the 
     country to flee the threats against her in 2019;
       Whereas Pakistan selectively enforces the blasphemy and 
     anti-terrorism laws against minority religious groups, 
     including by specifically targeting Ahmadiyya Muslims such as 
     Abdul Shakoor, an 82-year old optician and bookseller who was 
     recently released after serving over three years in prison on 
     such charges;
       Whereas, on July 29, 2020, Tahir Ahmad Naseem, a United 
     States citizen, was shot and killed in a courtroom while on 
     trial for blasphemy;
       Whereas, in 2017, the Christian Governor of Jakarta, 
     Indonesia, was convicted for blasphemy of Islam and sentenced 
     to two years in jail;
       Whereas several countries that previously maintained 
     blasphemy laws have recently removed these provisions, 
     including Iceland, Norway, Malta, Denmark, Ireland, Canada, 
     New Zealand, Greece, and Scotland;
       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 
     encourage the repeal of blasphemy, heresy, and apostasy in 
     bilateral discussions between the United States and 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 allow for freedom of 
     religion and expression and 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.

                          ____________________