[Congressional Record Volume 166, Number 206 (Monday, December 7, 2020)]
[House]
[Pages H6864-H6867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALLING FOR GLOBAL REPEAL OF BLASPHEMY, HERESY, AND APOSTASY LAWS
Mr. RASKIN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 512) calling for the global repeal of blasphemy,
heresy, and apostasy laws, as amended.
[[Page H6865]]
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 512
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,
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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Raskin) and the gentleman from Florida (Mr. Yoho) each
will control 20 minutes.
The Chair recognizes the gentleman from Maryland.
General Leave
Mr. RASKIN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H. Res. 512.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
[[Page H6866]]
Mr. Speaker, in this age of partisan division, one of the
foundational American values still has the power to bring us together
across the aisle: the defense of every human being's freedom of
religious conscience and freedom of thought against government
persecution. With H. Res. 512, we act today to stand up for religious
and intellectual freedom in a world gone mad with religious
discrimination, religious oppression, and religious violence.
H. Res. 512 calls for global repeal of laws punishing blasphemy,
heresy, and apostasy, three religiously defined thought crimes that
have no actual victims and, thus, no place in the criminal law of free
nations. Yet governments in 84 countries, from Saudi Arabia, Iran, and
Somalia to China, Russia, and Bangladesh, still use laws like these to
intimidate, arrest, prosecute, and incarcerate members of minority
religions, disfavored faiths, and freethinkers.
Putting people in jail or even condemning them to death for
religiously subversive speech was not unknown in American colonies. In
Massachusetts, Puritan Governors hanged Quakers for their heretical
lectures in town squares.
But our enlightenment Constitution, especially our First Amendment
free exercise and antireligious establishment clauses, put us squarely
on the path of rejecting blasphemy laws and these other relics of
inquisition, holy crusades, and New England witchcraft trials. Our law
has gotten rid of obsolete offenses like blasphemy and apostasy because
they have a purely religious character and do not refer to empirical
social harms.
Blasphemy is making impious or sacrilegious statements about
established churches or doctrines.
Heresy is taking religious or intellectual positions at odds with an
established religious orthodoxy.
Apostasy is breaking away from a religious orthodoxy or a church.
As offensive as we might consider other people's religious views and
utterances, in America today, people's thoughts and words about
religion are absolutely protected by the First Amendment. But in many
parts of the world where religion is still actively weaponized by
theocratic and authoritarian governments, these imaginary offenses can
still get you thrown into jail, harassed, and executed, or simply
stopped and torn limb from limb by state-sanctioned lynch mobs.
Religious people of the wrong faith are the most common victims of
blasphemy and heresy laws.
You might be a practicing Christian or Hindu, Mr. Speaker, in an
officially Muslim state like Libya or Afghanistan or a devout Muslim in
a Hindu society like India. You might be a nonreligious person targeted
by your enemies or state authorities.
You might be a 22-year-old Nigerian gospel musician like Yahaya
Sharif-Aminu, who was convicted of blasphemy in a state sharia court in
Kano State on August 10 and has been sentenced to death by hanging for
something he said on a WhatsApp group on the internet.
Mr. Speaker, you might be a Sudanese Christian like Mariam Ibrahim,
who was jailed for apostasy because, although she had been a devout
Christian for her entire life, government officials demanded that she
follow her absent father's Muslim faith. She was held in jail with her
20-month-old son and forced to give birth to her daughter in prison
while her legs were shackled to the floor.
Mr. Speaker, you might be a 13-year-old Muslim boy in Nigeria like
Omar Farouq, who was sentenced to 10 years at hard labor for blasphemy
when he said something about Allah in an argument with friends, a
brutal miscarriage of justice condemned by UNICEF and child advocates
all over the world.
You might even belong to the wrong sect of the official state
religion. In the Islamic State of Pakistan, for example, people
belonging to the Ahmadiyya Muslim faith are being persecuted as
heretics and apostates as if this were the Middle Ages.
At least five Ahmadiyya Muslims have been killed in Pakistan this
year alone because of their faith, including Tahir Ahmad Naseem, an
American citizen who was murdered in broad daylight in a courtroom
while standing trial for blasphemy charges just for practicing his own
religion. While his teenage killer was arrested, he is being celebrated
now as a martyr by the media and members of the police service who
watched him kill Naseem.
Mr. Speaker, the global assault on religious and intellectual freedom
today is taking place in many of the world's largest countries:
China confines millions of Uighur Muslims in miserable reeducation
camps and forces them into slave labor in Xinjiang province;
Russia has decreed that Jehovah's Witnesses are an extremist group
and confiscated their property, jailed their members, and even
allegedly tortured some of them;
India recently passed draconian laws burdening the rights of
disfavored Muslim minorities.
With this resolution, Mr. Speaker, against the new wave of global
religious oppression and persecution, America can once again take the
lead in defending the basic human rights of religious and intellectual
freedom all over the world.
James Madison, the author of our First Amendment, denounced that
``diabolical, hell-conceived principle of persecution,'' and he stated
in his remonstrance against religious assessments that ``the religion .
. . of every man must be left to the conviction and conscience of every
man.''
Let us share this principle with the nations of the world with this
resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. YOHO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the right to practice one's faith is the most
fundamental freedom there is. There is a reason our Founding Fathers
made it the First Amendment: Our Founders understood that someone's
right to worship was sacred and should belong to all people regardless
of their faith.
If religious freedom is taken away, all other freedoms are subject to
being taken away also. It is just that simple.
Unfortunately, religious freedom still does not exist everywhere.
Today, religious minorities are persecuted all over the globe.
According to the U.S. Commission on International Religious Freedom,
about one-third of the countries around the world still have laws
against blasphemy. In many dictatorships, people are not allowed to
worship anything but the state. To do so would be seen as a threat to
the government because they do not recognize a higher power.
As a result, religious minorities are targeted in some countries with
severe brutality. People are being beaten, arrested, and tortured.
Houses of worship are razed and destroyed. In countries like Iran,
Pakistan, and others, ascribing to a different religion could mean the
death penalty. In other places, it can mean forced labor or a public
whipping.
This is simply unacceptable. Today, the House has an opportunity to
stand up for religious freedom around the world.
This is an important resolution. This resolution makes the repeal of
blasphemy, heresy, and apostasy laws a priority everywhere. It
designates countries that enforce such laws as countries of particular
concern for religious freedom and calls on all governments to release
religious prisoners of conscience.
The United States has always been a leader when it comes to religious
freedom. Today, we have a chance to lead again and to tell the world
that we will not stand for religious intolerance.
Mr. Speaker, I urge all my colleagues to support H. Res. 512, and I
yield back the balance of my time.
{time} 1230
Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume
for the purpose of closing.
Mr. Speaker, I thank the gentleman for his very thoughtful and
eloquent statement in defense of religious freedom, the value that
unites us behind this powerful resolution, which will put the
government squarely back in the fight to defend religious liberty all
over the world and to oppose the spread of these blasphemy laws that
are being used to persecute innocent people all over the globe.
Mr. Speaker, in our country, the religious Free Exercise Clause and
the clause against establishment of religion stand best when they stand
together because they both stand for the
[[Page H6867]]
principle that no particular religious sect can seize control of state
power and then persecute members of other religious groups, but that is
what is happening in so many places all over the world.
Mr. Speaker, our experience in the separation of church and state and
standing up for the free exercise of religion is something that we can
continue to proudly promote to the rest of the world, and we do have
something that we think we can teach other nations that want to follow
the path of democracy and freedom.
As the U.S. works to advance human rights, it is critical that we put
this question of freedom of thought, freedom of conscience right at the
heart of our efforts. Everyone must be able to practice their faith--or
no faith at all--without the threat of government violence and
persecution.
Mr. Speaker, I am pleased to support this excellent measure, and I
yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a cosponsor and a senior Member of
the House of Representatives, I rise in strong support of this
bipartisan resolution, H. Res. 512, ``Calling for the global repeal of
blasphemy, heresy, and apostasy laws''.
First and foremost, I would like to recognize and thank Congressman
Jamie Raskin for his leadership on this vital resolution.
Mr. Speaker, this resolution calls upon the President and the
Department of State to prioritize the repeal of blasphemy, heresy, and
apostasy laws in bilateral relationships between the United States and
countries that have such laws.
It also designates countries that enforce such laws as ``countries of
particular concern'' with respect to religious freedom.
Furthermore, H. Res. 512 opposes efforts by the United Nations to
implement an international anti-blasphemy norm.
Lastly, the resolution calls on the governments of countries that
enforce such laws to either amend or repeal them as well as to release
anyone imprisoned pursuant to them.
Blasphemy laws, as is noted in the resolution, lead to religious
intolerance, discrimination and violence.
Moreover, these laws are often weaponized to target marginalized
religious communities.
Charges can be based on false accusations and are commonly brought
forth for sectarian or political purposes.
In 2019, the United States Commission on International Religious
Freedom released its 20th Annual Report, recommending that the U.S.
Department of State designate sixteen nations as ``countries of
particular concern'' due to their severe suppression of religious
freedom.
For example: In Burma, a predominantly Buddhist nation, the Rohingya
Muslim people have been subject to what the U.N. high commissioner for
human rights has called ``a textbook example of ethnic cleansing'';
In China, over 1 million ethnic Uyghur and Kazakh Muslims have been
arbitrarily detained in concentration camps styled as ``political
education'' camps, where they are subject to torture and inhumane
conditions;
In Iran, the Baha'i community is treated by the government as a band
of heretics, and, as of February 2017, at least 90 Baha'i were held in
prison solely for their religious beliefs;
In Russia, Jehovah's Witnesses have been banned as an extremist
group, and their properties have been seized and liquidated by order of
the government. Dozens of individuals have been arrested on extremism
charges and remain in custody or under house arrest; and
The right to worship freely is one of the founding and most essential
principles of the United States.
As the world's oldest democracy, America has a responsibility to
protect the freedoms of speech, expression, and religion against
official persecution around the world.
Throughout my tenure in Congress, I have been a fierce defender of
human rights, and this resolution is a small but important step in
safeguarding the individual freedoms of choosing one's religion, or no
religion at all, as well as worshipping and thinking freely no matter
where you live.
With this in mind, I am proud to be a leader on this resolution, and
I urge all Members on both sides of the aisle to join me in voting for
H. Res. 512, ``Calling for the global repeal of blasphemy, heresy, and
apostasy laws.''
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Raskin) that the House suspend the rules
and agree to the resolution, H. Res. 512, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. RASKIN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
will be postponed.
____________________