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  • OSCE - What Is A 'Message Crime'?

    Right Side News

    OSCE - What Is A 'Message Crime'?

    Written by Henrik Ræder Clausen, ICLA Denmark

    Saturday, 10 October 2009 09:16

    EuropeNews.dk

    Report from OSCE 2009 Human Dimension Implemention Meeting.

    Related ICLA papers:
    ICLA Contribution on Tolerance and Non-discrimination
    Freedom of Expression: New challenges, new responses

    I didn't expect that I'd start out my report from this conference by
    picking up a lead from COJEP, but so be it. They introduced the
    concept of a 'Message crime', in order to convey the real significance
    of the much-debated hate crimes. This term cuts through a ton of
    confusion and is worth adopting. For details, read on.

    There are many kinds of crime, and many kinds of motivation for
    crime. Most crimes are committed for personal reasons, like undue
    material gain, jealousy, sexual reasons, to exact revenge to eliminate
    critics, opponents and enemies. Some crimes, however, have a target
    much more important than their immediate victim(s).

    These are message crimes. There are, of course, intermediate forms. A
    ruthless political leader or a mafia boss will eliminate his opponents
    for both reasons, both to get rid of a troublesome person and to deter
    others from causing him similar problems in the future. What is
    interesting here is the message aspect of crime, not the personal.

    Message crimes are reported frequently in the media, with varying
    degrees of clarity. The so-called 'honour killings' (which really
    should be called 'family executions') are message crimes. The families
    of these unfortunate women make a conscious decision to eliminate one
    of their kin in order to "protect the honour of the family", which is
    really an euphemism for "keeping our women under control".

    The motivations for these deeply tragic murders state this openly:
    "She dated an infidel", "We didn't want her to see that man", "She had
    become too 'Western'". Those are the messages these murders are
    intended to convey: The women have to, under the threat of capital
    punishment, obey the choices made by their f
    lamic tradition. However, other examples do exist, like this Kurdish
    girl of the Yezidi religion who was stoned to death in 2007, here from
    KurdNet.

    These message crimes have as their main purpose to protect the honour
    of the killing families, preserving their prestige in society. The
    killing of one of their women is a means to that end, killings that an
    entire family can decide, plan and execute in mutual agreement and
    understanding. One particular well exposed case of this took place in
    2005 Slagelse, Denmark, where the 18-year old Ghazala Khan was shot
    dead for the offence of marrying an Afghan man, covered in detail by
    Brussels Journal.

    In this particular case, the entire plot was uncovered through police
    investigation, and all members collaborating in the crime were
    convicted, for a total of 120 years of prison time for the
    family. Significantly, the head of family, who ordered the murder, was
    given a heavier sentence than the brother who eventually pulled the
    trigger. This is the kind of legal action we need in order to protect
    and extend the freedom of women in immigrant circles.

    Back to the OSCE conference. Frequent references were made to the
    stabbing in Dresden of an Egypt woman, a case which is said to be
    typical of growing Islamophobia in the West, as reported in The
    Guardian.

    However, not much in this dramatic murder distinguishes it from an
    ordinary criminal incident. The killer, Alex W., is of Russian, not
    German, origin. His message to her at the moment of killing was "You
    don't deserve to live". In spite of the problem not being obvious -
    the acts of a mentally troubled Russian acting alone does not say
    anything major about racist sentiment in Germany - the case was
    extensively publicized in Egypt and pressure applied on the German
    government to condemn the killing as a hate crime, eventually
    extracting a conditional condemnation, here in Der Spiegel.

    One might wonder why a non-obvious case like this is used as a poster
    example. First and foremost, it indicates that no clear-cut obvious
    case d have been used instead. Further, there is internal Egyptian
    politics to the case. The Muslim Brotherhood has been pressing the
    case in the parliament, and the government of Egypt was under pressure
    to act on the case, showing itself as the protector of Egyptians and
    Muslims abroad.

    The conference in general, however, concentrated on using the better
    known yet vaguely defined concept of 'hate crime', with a wide variety
    of issues being debated under this heading. Criticism of Islam took
    some blame for radicalising Muslim youth. That would have to do with
    the frequent mention in the press of being a distinct group,
    unintegrated and even potentially a fifth column undermining Western
    democracy and freedom. Unsurprisingly, the speakers mentioning these
    subjects showed no interest in addressing the criticism against
    Islamic immigrants, preferring to blame the criticism itself for
    causing problems.

    A recurring theme was the problem of registering hate crimes. One of
    the introductory speakers noted that practically no hate crimes are on
    record in the southern states of the USA, claiming that this, in view
    of the history of the US South, was so completely not credible that
    the registration process for hate crimes must be flawed. The obvious
    remedy for this is re-education of the police force, in order to
    significantly increase the number of registered hate crimes. Educating
    the police and other law enforcement institutions to report a greater
    number of hate crimes was touched upon on quite a few occasions.

    Many speakers mentioned the problems of anti-Semitism and
    'Christianophobia', which are also on the rise. Calls for boycott of
    Jewish businesses in the wake of the Gaza conflict conjures up
    sinister memories. And here the 'message crime' comes up again:
    Desecration of Jewish/Christian symbols constitute message crimes.

    The physical damage may be limited, no persons are hurt, but the
    message from those desecrating the religious symbols is clear: "We do
    not respect your religion". The 2004 pogroms in Kosovo, where
    ies and even graveyards were severely damaged, constitute an extreme
    example of this. However, there is a tendency to downplay the threats
    and actions against Christians.

    The representative from Canada said that they would participate
    actively in identifying hate crimes, and urged that hate speech on the
    Internet be monitored and punished.

    A representative from the Turkish organisation Embargoed! launched a
    particular vicious attack on Cyprus, accusing it of all kinds of
    unjust treatment, apartheid and racism against the Turkish-occupied
    north. Embargoed!, however, did not mention that the separation of the
    island is self-imposed by the Turkish-oriented minority and the
    ongoing military occupation, nor did they - for obvious reasons -
    mention the extensive damage to the Cypriot cultural heritage in the
    north. Due to time constraints, Cyprus could be permitted only a
    60-second rebuttal.

    The message from Embargoed! seems clear: If the government of Cyprus
    does not give in to Turkish demands, they will be subject to the
    stigmatizing charge of 'racism', leading to the international
    community siding with the Turkish side against Cyprus.

    The representative of the Holy See noted with regret that some regimes
    enforce a single religion on their citizens.

    An US-based group, Redeemed Lives (www.redeemedlives.org) explained
    how anti-discrimination laws are causing them severe trouble in one of
    their focus areas, that of self-emancipation from undesired same-sex
    attraction. In particular, the rights awarded to lesbian, gay,
    bisexual and transsexual groups (LBGT in short) had been used to push
    their books - titles like "Coming out of Homosexuality" off the
    market, as they were deemed 'offensive' to these groups.

    At this point, I got the opportunity to take the floor. Time was
    limited to 2 minutes, and I used them to say the following:

    Distinguished Delegates,

    The International Civil Liberties Alliance notes with concern that
    hate crime and anti-discrimination laws are worded much too broadly
    and often enforced
    becoming in effect tools for repression rather than vehicles for
    freedom.
    Further, exaggerating the problems and exploiting singular cases
    to create draconian legislation would be counterproductive to the OSCE
    goals and intentions.

    In order to properly further the OSCE goals, we need to ensure that
    legislation is well-defined. Ideally, the problems addressed here
    should be handled through ordinary criminal laws, as hate crimes
    usually constitute libel and implied threats against certain
    groups. The classical target is the Jewish community, the recent
    'organ harvesting' article in the Swedish daily Aftonbladet being a
    case in point.

    Additionally, blasphemy laws and the like, that still are on the books
    in Denmark and elsewhere, only serve to cover up the problems, not to
    solve them. These laws need to be repealed, also in order that
    political extremism disguised as religion can be freely criticized.

    Thank you.

    Redeemed Lives had a further elaboration on their problems.

    Then came the Swiss-Turkish Union of Lawyers (I'm not certain of the
    exact name), who lamented the fact that it had been permitted to hold
    referendums concerning the construction of minarets along with
    mosques. This could severely annoy other Islamic countries. They
    recommended that the Swiss government take measures to prevent any
    similar referendums to take place in the future.

    Armenia noted that 'hate crime' has been a priority for the OSCE since
    2003, but noted that there is no firm legal definition of 'hate'. And
    that in spite of this being a priority, anti-Armenian propaganda in
    Azerbaijan continues unabated, not least on the Internet.

    Austria, who had been criticized for raising obstacles against
    construction of mosques in Corinthia and Voralburg, noted that any
    religion is permitted to erect houses of worship. However,
    construction regulations exist and must be adhered to. These rules are
    democratic and apply equally well to Islamic organisations.

    Cyprus got the last word, noting that the so-called isolation of the n
    he island is due to the Turkish occupation there. And that the closing
    of ports, Famagusta in particular, is due to the inability of the
    government of Cyprus to exercise its authority in that part of the
    country.

    Speakers unable to present their views in full due to time constraints
    were encouraged to submit a more extensive statement to the OSCE
    Document Distribution desk, who would post them online.

    _________________ End of Working Session 10___________

    Side event 1:
    Preventing and Responding to anti-Muslim Hate Crimes

    COJEP hosted a side event entitled "Preventing and Responding to
    anti-Muslim Hate Crimes". The event was chaired by Bashy Quraishy
    (who, as he phrased it, "lives in Denmark") and featured: Mr. Veysel
    Filiz, Vice President of COJEP, Mr. Tankut Taskin Soykan, Adviser on
    Combating Intolerance an Discrimination Against Muslims (OSCE),
    Mrs. Liz Fekete (Institute of Race Relations, UK), Mr. Paul Legendre
    (Human Rights First) and Mr. Ömür Orhun (Adviser and Special Envoy of
    the OIC).

    The session focused on getting more reports on hate crimes filed, that
    NGO's would be better able to combat them. COJEP introduced the
    interesting interpretation that hate crimes are really 'message
    crimes', sending out messages to all immigrants and/or all Muslims. It
    was the desire of the panel that the States should take measures to
    prevent these from happening, making it clear to society at large that
    this kind of messages cannot be tolerated.

    The low number of reported hate crimes might, according to the panel,
    be due to Muslims not having faith in the police in the European
    states. More information needs to be collected regarding hate crimes
    against Muslims.

    When the floor was opened for debate, I inquired why only hate crimes
    against Muslims would be recorded? Following the news gives a vivid
    impression that hate crimes committed by Muslims against non-Muslims
    are numerous, and that the 'message crime' aspect of these crimes are
    frequently surprisingly clear.

    A case in point was the demonstration January 10th, Denmark, where a
    counter-demonstration to a pro-Israel rally indulged in praise of
    Hitler, calls for killing Jews and (of particular note) a reference to
    Muhammad conquering and plundering the Jewish settlement of Khaybar in
    628 A.D.

    The chant used in that demonstration was (in Arabic): "Khaybar Khaybar
    ya Yahud, jaysh Muhammad saufa ya'ud", which translates into English:
    "Khaybar, Khaybar o Jews, the army of Muhammad will return." The
    message here, as had also been made explicit, is a threat to Jews,
    merely due to their ethnic origin. The racist and 'message crime'
    nature of this demonstration should be obvious.

    Should one dive into the life story of Muhammad, various 'message
    crimes' can be identified, including the assassination of poets Uqba
    bin Abu Muayt, Asma bint Marwan, Abu Afak and others. These old tales
    still seem to have clear messages to Salman Rushdie, Kurt Westergaard
    and other artistic critics of Islam.

    History aside, the panel had some trouble giving a clear response to
    my question, deliberating the idea in various ways. After the session,
    Bashy Quraishy gave a clear answer: It would not be acceptable, for
    doing so would constitute racism. No further comments seem neccesary.

    Side event 2:
    Challenging Intolerance against Muslims

    This event started as late at 18:00, with Kareem Shora of American
    Arab Anti-Discrimination Committee (ADC) being the most interesting
    speaker. He related how the ADC works diligently to stop profiling of
    Muslims and Arabs on grounds of anti-terrorism laws, how their Law
    Enforcement Outreach Program (LEOP) is in place to teach the US law
    enforcement authorities to avoid stereotypes and respect religious
    sensitivities, and how these authorities should act and perform their
    work in order to gain the trust of the Arab/Muslim communities and
    avoid backlashes, as well as how to crack down efficiently on 'hate
    crimes'.

    Kareem Shora, who joined ADC in 2000, has recently been appointed by
    US Department of Homeland Security (DHS) Secretary Janet Napolitano as
    a member of th securiry Council (HSAC); the official advisory body for
    the DHS Secretary on homeland security matters.

    The Obama administration received high praise for showing great
    sensitivity to Islamic and Muslim points of view, expressed not least
    in Obama's Cairo Speech, which has been somewhat controversial from
    other's points of view, but by Kareem and the ADC is seen as a
    significant step forwards towards the attitudes they desire from the
    US government.

    This is a stark contrast to the attitude taken by George W. Bush after
    September 11th 2001, and Kareem expressed his particular pleasure that
    the US government is now taking great efforts to avoid associating
    Islam with terrorism, a linkage that has been seen as offensive to
    Muslims for years.

    Bashy Quraishy, who had chaired the previous side event with COJEP and
    OIC, had a question on this matter. While he appreciated that it had
    become a lot easier to influence the US government, he found the
    situation in Europe utterly frustrating. While the US has just a
    single government to influence, Europe has dozens of countries, each
    with its own independent government, and each with various 'extremist'
    right-wing parties. In particular these political parties, who show no
    signs of giving in to Islamic views, are causing much trouble for his
    work to increase Islamic influence in Europe, making his efforts seem
    futile and being the cause of much frustration.

    Kareem responded that Europe always follows the US. Just as Europe
    followed the US in going against the Islamic world after 9/11, he
    fully expected Europe to follow the lead of Obama, and move away from
    the current confrontational stance towards avoiding controversy,
    seeking instead to find a workable compromise with Islamic interests.

    One may wonder what exactly Quraishy, Kareem etc. are aiming to
    achieve. Could it have something to do with The Project? I don't
    expect we'd get a clear answer to a question like that.

    Closing remarks

    The OSCE conference is a large and sometimes confusing place, with
    many people to meet and s in order to ensure a smooth
    conference. Documents by the hundreds are submitted for online
    distribution, making it easy for a contribution to get lost in the
    flow. But all things considered, things run smoothly.

    Also in the city of Warsaw outside, one thing is clear: Poland has
    come a long way since Communism. This is to a great extent due to the
    work of OSCE (and the precursor CSCE), which contributed significantly
    to delegitimizing the totalitarian communist regimes in East Europe.

    A similar delegitimization of totalitarian Islam can take place, if we
    have the courage and make the effort to uphold our civil liberties,
    and in turn use them to criticize religious fanatics with too great a
    lust for power.
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