“Freedom of Expression is the matrix, the indispensable condition, of nearly every other form of freedom.” Bernard Cardozo

In 2005, cartoons published in Denmark outraged many Muslims and provoked furious demonstrations throughout the world. Many States were asked to reconsider their own values and prevent acts that some considered as “hatred”, “defamation” or even “blasphemy”. These threats against Freedom of Expression should be strongly addressed by the Second Durban Review Conference. Indeed, the Universal Declaration of Human Rights recognizes the value of Freedom of Expression (Article 19). In the International Covenant on Civil and Political Rights, it is established as a universal right “to hold opinions without interference. Everyone shall have the right to freedom of expression.”

Freedom of Expression is the tool which allows minorities to claim their rights and the basis of the Durban Review’s creation, objectives and work. We note with concern, however, that despite the unequivocal recognition of Freedom of Expression as a human right by the ICCPR and the UDHR, this fundamental right is dramatically absent from the draft outcome document of the Durban Review Conference A/CONF.211/PC/WG.2/CRP.2.

We strongly urge delegations therefore to consider inserting into the outcome document wording that reflects this crucial issue, and which urges all states to take action to eliminate threats against Freedom of Expression. The credibility of the Second Durban Review Conference is at stake.

A paragraph to this effect could be included within section 1 of the document, covering “Freedom of religion, incitement to religious intolerance, hatred or violence, defamation of religion, freedom of expression”.

May we respectfully suggest the following wording:

Recalling article 19 of the Universal Declaration of Human Rights, we call upon all States where Freedom of Expression is not respected to introduce legislation to protect the practice and to undertake programs for all sections of society, including public officials and the police, aimed at the protection of this practice and to ensure that Freedom of Expression is respected and not dismissed by religious, ideological or political beliefs.

For further information on this issue, please contact:
Roy W. Brown, IHEU Main Representative, UN Geneva.
Xavier Cornut, IHEU Representative, UN Geneva