Using the Freedom from Religious Persecution Act to Defend Humanists

by James W. Prescott, Ph.D.

Given the passage by Congress last year of the Freedom from Religious Persecution Act of 1998 (H.R. 2431 and S.B. 1868), humanists should work to ensure that the U.S. government acts in accordance with its provisions and thereby provides assistance, protection, and religious asylum for Taslima Nasrin and others who face persecution because of their exercise of religious freedom in criticizing Islam or any other religion. Such critique is often warranted, as, for example, when some sects of Islam deny women their basic human rights and liberties as established under several international covenants.

The wording of the 1998 act is quite clear in this regard, as the following excerpts demonstrate. In Section 2, under "Findings," it states:

(A) Governments have a primary responsibility to promote, encourage, and protect respect for the fundamental and internationally recognized right to freedom of religion.

(B) Numerous international agreements and covenants also identify mankind's inherent right to freedom of religion. These include the following:

(i) Article 18 of the Universal Declaration of Human Rights states that "Everyone 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."

(ii) Article 18 of the Covenant on Civil and Political Rights declares that "Everyone shall have the right to freedom of thought, conscience, and religion . . ." and further delineates the privileges under this right.

(iii) The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief, adopted by the United Nations General Assembly on November 25, 1981, declares that "religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life . . ." and that "freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice, and friendship among peoples and to the elimination of ideologies or practices of colonialism and racial discrimination." . . .

(4) In many countries and regions thereof, governments dominated by extremist movements persecute non-Muslims and religious converts from Islam using means such as "blasphemy" and "apostasy" laws, and such movements seek to corrupt a historically tolerant Islamic faith and culture through the persecution of Baha'is, Christians, and other religious minorities.

In the same section, under "Purpose," the act states:

It is the purpose of this Act to reduce and eliminate the widespread and ongoing religious persecution taking place throughout the world today.

And in Section 9: "Modification of Immigration Policy," it reads:

Nothing in this section, or any amendment made by this section, shall be construed to deny any applicant for asylum or refugee status (including any applicant who is not a member of a persecuted community but whose claim is based on race, religion, nationality, membership in a particular social group, or political opinion) any right, privilege, protection, or eligibility otherwise provided by law.

This language clearly extends to those who don't profess traditional theistic religious beliefs and therefore can be applied to Taslima Nasrin, Salman Rushdie, and others who are persecuted for similar reasons.

In the light of the difficulties Taslima Nasrin has experienced in her native country of Bangladesh and the FFRPA, it would be timely for the United States to initiate action in the United Nations to bring an end to the fatwas that originate from the Muslim countries that are U.N. members. The advocacy or practice of religious homicide cannot be considered a protected expression of religious freedom. The United States should also initiate action in the United Nations that will make it possible for international criminal charges to be laid against individuals and organizations issuing warrants of death or injury against any person for exercising her or his freedom of speech and freedom of religion. Such cases should be brought to trial before the World Court, the Hague, or the new International Criminal Court established last year in Rome.

All the above points about the FFRPA and the United Nations were included in a letter I wrote on October 14, 1998, to President Bill Clinton, Secretary of State Madeleine Albright, Assistant Secretary of State for East Asian and Pacific Affairs Stanley Owen Roth, U.S. Permanent Representative to the United Nations Bill Richardson, U.S. Ambassador to Bangladesh John C. Holzman, Senator Dianne Feinstein, Senator Barbara Boxer, Representative Brian Bilbray, Senate Majority Leader Trent Lott, and then House Majority Leader Newt Gingrich. If other humanists would advance these ideas, the significance of Taslima Nasrin's courage would be enlarged.