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UNCLAS STATE 128320 
 
SENSITIVE 
SIPDIS, FOR THE AMBASSADOR FROM THE SECRETARY 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KISL KDEM PGOV OPDC
SUBJECT: FORWARD THINKING TO NEGATE "DEFAMATION OF 
RELIGION" IN THE UN (S/ES: 200922459) 
 
1.(U) This is an action message.  See Paragraph 6. 
 
¶2.      (SBU)  I am increasingly concerned by the 
persistent efforts by members of the Organization of the 
Islamic Conference (OIC) and members of the African Group 
in the United Nations to adopt resolutions and promote UN 
initiatives that would place unacceptable restrictions on 
freedom of expression and religion in order to prevent and 
punish the "defamation of religions."  This push has 
resulted in multiple resolutions at the UN General 
Assembly, the UN Human Rights Council (HRC), and in a 
working group of the HRC that grew out of the Durban 
conference where some members have specifically set out to 
create a new treaty that would codify "defamation of 
religions," and therefore would ban free speech. 
OIC countries cite post-9/11 discrimination against 
Muslims in Europe and the United States, including such 
episodes as the Danish cartoon controversy, as the primary 
reason for their efforts to ban speech deemed offensive. 
In addition to restricting speech, efforts to codify the 
"defamation of religions" concept can undermine free exercise 
of religion, as religious minorities or dissidents can be 
targeted for "defaming" religion, if their interpretation 
of religion varies from the one embraced by a majority or the 
politically powerful. 
 
¶3.      (SBU) Such efforts, however, run contrary to the 
First Amendment to the U.S. Constitution, basic American 
values, and rights enshrined in the Universal Declaration 
of Human Rights.  They also serve as a regrettable 
distraction from the compelling need for more liberty and 
freedom of expression in the very countries that are the 
most vociferous proponents of such restrictions. 
As such, the defamation of religions lobby in the UN has 
posed a significant and growing threat to universally 
enshrined human rights. 
 
¶4.      (SBU) As a result, I am determined to bring an 
end to the escalation of this no-win debate and to 
forestall a divisive battle over a proposed new treaty. 
Building on the President's historic speech in Cairo and 
the promise of a new direction in our foreign policy, the 
recent joint Egypt-U.S. Freedom of Expression and Opinion 
resolution adopted by broad consensus in September at the 
HRC, and our recent submission of an Action Plan in Geneva 
(see para 5), our strategy is to give governments that 
sincerely care about the treatment of Muslims and other 
religious minorities throughout the world a vehicle for 
making real, concrete progress in combating racial and 
religious discrimination and intolerance.  In return, we 
would expect them to cease supporting the efforts by a few 
strong opponents in all UN fora to suppress the freedoms 
of expression and religion for the purpose of prohibiting 
 
"defamation of religions."  By so doing, we would seek to 
deprive those who promote restrictions on freedom of 
expression and of religion of the critical mass of 
international support needed to continue pressing their 
case. 
 
¶5.      (SBU) We proposed, last month in Geneva, an 
"Action Plan to Combat Racial and Religious Discrimination 
and Intolerance," which provides concrete, serious steps 
that UN Member States could adopt to fight racial and 
religious intolerance without any new treaties or 
compromise of freedom of expression and religion.  Our aim 
is to use this plan as a starting point for a resolution 
at the upcoming March session of the HRC on countering 
racial and religious discrimination.  The draft Action 
Plan is available at http://geneva.usmission.gov.  Our 
intention is to use our proposed Action Plan as a starting 
point for discussions with countries that are serious 
about taking concrete and practical steps to implement 
measures to combat discrimination and intolerance. 
 
¶6.      (SBU) ACTION REQUEST:  To help my "defamation of 
Religion" working group finalize our diplomatic strategy, I 
ask that you provide, by December 21, your personal 
recommendation for a strategy to successfully engage your 
country of assignment to cease supporting the "defamation 
of religions" proposal and instead back a U.S. initiative 
at the UN Human Rights Council along the lines of our 
Action Plan. 
 
¶7.      (SBU) Some questions to consider in preparing 
your response:  Are there particular countries or blocs 
that they are likely to follow in this debate?  Are there areas 
of leverage in the bilateral relationship that might help 
sway them?  Are there particular individuals, groups, or 
bodies that hold heavy sway on government decision-making 
in this area?  Are there particular concerns your country 
of assignment has in the context of these debates or 
arguments that may resonate?  Who within the Foreign 
Ministry might be especially helpful?  In suggesting 
strategy, you should recommend how and at what level we 
might engage your country of assignment on this issue -- 
whether by U.S. executive or legislative branch (members 
of Congress have taken an interest in this issue) 
interlocutors -- and what arguments, incentives or 
linkages, within reason, would be necessary to achieve the 
desired result.  Do local human rights NGOs in your 
country follow what is going at the UN?  Could they 
influence host country's behavior? 
 
¶8. (U) Thank you in advance for your insights. 
CLINTON