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West must legally defy Islamophobic narratives

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DESPITE the Swedish Government’s condemnation of the incident which took place in Stockholm, where an Iraqi citizen living in Sweden, Salwan Momika, 37 desecrated the Holy Quran. There is a growing backlash across the Muslim world against the Islamophobic act. The 57-member OIC met to respond to last Wednesday’s incident. Sweden is a member state of the European Union (EU). Research has shown that Muslims in the EU suffer discrimination and harassment. Islamophobia is a rising trend in Europe which is considered by many scholars a form of racism. Combating anti-Muslim hatred remains one of the driving task of the European Union as ‘’several key legislative proposals are not making any progress, much to the regret of the European Parliament’’.

Geopolitical genesis of Islamophobia: Doctrinally, Islamophobia is the post-Cold War ideology to bring about a renewed purpose and crafting of the geopolitical western narratives. The Muslim researchers and scholars rightly connect dots between the Clash of Civilizations theory, the post-9/11 world order and the rise of Islamohpobia in the West. Islamophobia, or the threat of Islam, is the ingredient, as postulated in Huntington’s “Clash of Civilizations” thesis that is needed to affirm the Western self-identify after the end of the Cold War and a lack of a singular threat or purpose through which to define, unify and claim the future for the West.

And yet, the Muslim world is profoundly watching this phenomenon of Muslim hatred (Islamophobia) reflected in the western political and social thinking galvanized in the post 9/11 world. Needless to say, intermittent incidents of the desecration of the Holy Prophet (PBUH) and the Holy Quran are occurring in Europe, particularly in the Northern Europe (Norway, Denmark and Sweden) and in the Western Europe (France and Netherlands).

In Europe, Muslims are perceived as one single, homogeneous group of people to which negative attributes are ascribed. Islamophobia is internationally recognised as a form of racism, including recently by the UN Special Rapporteur on Freedom of Religion and Belief, Islamophobia is achieved by targeting the symbols and markers of being a Muslim. ENAR’s recent report on the impact of counter-terrorism policies shows how these policies lead to violation of rights and contribute to racial prejudices against all Muslims, the emergence of the “Woke Islamism” theory launches a new wave of attacks portraying them as potentially dangerous for Europe.

Resolutions on Islamophobia: In January 2023, Pakistan’s Senate adopted a unanimous resolution to condemn the vile acts of the desecration of the Holy Quran in Sweden and Netherlands, which hurt the religious sentiments of Muslims around the globe. Notably, in November 2020, in a landmark development, the OIC unanimously adopted Pakistan-sponsored resolution to designate 15 March as the “International Day to Combat Islamophobia”. It expressed deep concern at the recent incidents of desecration of the Holy Quran and reprinting of caricatures of the Holy Prophet (PBUH) which hurt sentiments of more than 1.8 billion Muslims around the world.

Subsequently, on 15 March 2022, the UNGA adopted a resolution– by consensus–moved by Munir Akram, Permanent Representative of Pakistan to the UN, on behalf of the Organisation of Islamic Cooperation that proclaimed March 15 as ‘International Day to Combat Islamophobia’. At the UN forum, it is argued ‘’widespread negative representations of Islam, fear of Muslims generally and security and counterterrorism policies have served to perpetuate, validate and normalize discrimination, hostility and violence towards Muslim individuals and communities’’.

Right to freedom of expression in Sweden: The Swedish Constitution provides an overriding protection to the fundamental right to freedom of expression. In response to the European Court’s judgment in the case of Arlewin, concerning the lack of effective access to a court to obtain protection against alleged defamation through a foreign TV broadcast, the Swedish Parliament amended the Fundamental Law on Freedom of Expression (one of the four laws making up the Swedish Constitution). The first Parliament’s vote of the bill took place on 11 May 2022. Following the latest election in Sweden of September 2022, the newly formed Parliament adopted the proposed amendments to the Fundamental Law on Freedom of Expression which entered into force on 1 January, 2023.

Under the Swedish law, the fact that an organisation or a person conveys a message– that may be perceived as a threat towards other groups– does not mean that a demonstration permit may be denied. In this incident, the right of freedom of expression and demonstration has been unjustly utilized. The Swedish police had granted Momika a permit in line with free speech protections but authorities later said they had opened an investigation over “agitation against an ethnic group”, noting that Momika had burned pages from the Islamic Holy Book very close to the mosque. Pope Francis condemns Swedish authorities’ decision to allow the desecration of the Holy Quran. The pontiff says no Holy Book should be desecrated and rejects the idea that offensive protests should be allowed in the name of free speech.

EU’s multicultural challenges: As for EU’s attempt to counter Islamohobia in EU ‘s member state,  the book, ‘Countering Islamphobia in Europe’ ,  fairly argues:  ‘’There is descending order of prevalence challenged constructions of Muslim ‘threat’, challenged exclusionary national projects, emphasised cultural compatibility and conviviality, elaborated Muslim plurality, challenged narratives of sexism, sought to build inclusive futures and deracialise the state, argued for Muslim normalisation, humanity and the creation of Muslim space(s) and challenged distorted representations of Muslims in the media and elsewhere’’.

In order to combat anti-Muslim trends in the European society, the EU Parliament must take measures– to revisit and harmonise the European community law— by legally penalizing such acts of religious desecration—thereby ‘’establishing a minimum level (a ‘floor’), not a maximum one (a ‘ceiling’) in the protection of freedom of expression)’’. Ethically put, undermining the sanctity of other religions is equally impermissible under Judaism, Christianity and Islam. We, the Muslims believe that committing such act means to denounce our own religion. Conversely, on the pretext of freedom of expression, the West has promoted a culture of religious hatred. Make no mistake, these politically and culturally orchestrated narratives against Muslims are the most dangerous indications to undermine the future of mankind under a plural global society –envisaged under the Charter of the United Nations.

—The writer, an independent ‘IR’ researcher-cum-international law analyst based in Pakistan, is member of European Consortium for Political Research Standing Group on IR, Critical Peace & Conflict Studies, also a member of Washington Foreign Law Society and European Society of International Law. He deals with the strategic and nuclear issues.

Email: [email protected]

 

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