This resolution calls on the President and the Department of State to (1) make the repeal of blasphemy, heresy, and apostasy laws a priority in bilateral relationships between the United States and countries that have such laws; (2) designate countries that enforce such laws as countries of particular concern for religious freedom; and (3) oppose efforts by the United Nations to implement an international anti-blasphemy norm. The resolution also calls on the governments of countries that enforce such laws to amend or repeal them and to release anyone imprisoned pursuant to them.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 512 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. RES. 512
Calling for the global repeal of blasphemy, heresy, and apostasy laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2019
Mr. Raskin (for himself and Mr. Meadows) submitted the following
resolution; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
RESOLUTION
Calling for the global repeal of blasphemy, heresy, and apostasy laws.
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, 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 70 countries had blasphemy laws as of
2018;
Whereas these laws were present in 18 Middle East and North African countries, 8
countries in the Americas, 18 Asia-Pacific countries, 14 European
countries, and 12 Sub-Saharan African countries;
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 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 May 2018, 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 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 80-year old optician and
bookseller who was recently released after serving over three years in
prison on such charges;
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 several countries that maintained blasphemy laws have recently taken
steps towards removing these provisions, including Greece, Ireland, and
Canada;
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 House of Representatives--
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Mr. Raskin moved to suspend the rules and agree to the resolution, as amended.
Considered under suspension of the rules. (consideration: CR H6864-6867)
DEBATE - The House proceeded with forty minutes of debate on H. Res. 512.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6883)
Passed/agreed to in House: On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 3, 1 Present (Roll no. 236).(text: CR H6865)
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On motion to suspend the rules and agree to the resolution, as amended Agreed to by the Yeas and Nays: (2/3 required): 386 - 3, 1 Present (Roll no. 236). (text: CR H6865)
Roll Call #236 (House)