Каирская декларация прав человека в исламе 1990 года: анализ и критика

1990 declaration of OIC states

The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states of the Organisation of Islamic Cooperation (OIC) first adopted in Cairo, Egypt, on 5 August 1990, (Conference of Foreign Ministers, 9–14 Muharram 1411H in the Islamic calendar), and later revised in 2020 and adopted on 28 November 2020 (Council of Foreign Ministers at its 47th session in Niamey, Republic of Niger). It provides an overview on the Islamic perspective on human rights. The 1990 version affirms Islamic sharia as its sole source, whereas the 2020 version doesn't specifically invoke sharia. The focus of this article is the 1990 version of the CDHRI. The CDHRI declares its purpose to be "general guidance for Member States [of the OIC] in the field of human rights". This declaration is widely acknowledged as an Islamic response to the United Nations' Universal Declaration of Human Rights (UDHR), adopted in 1948. It guarantees some, but not all, of the UDHR and serves as a living document of human rights guidelines prescribed for all members of the OIC to follow, but restricts them explicitly to the limits set by the sharia. Because of this limit, the CDHRI has been criticized as an attempt to shield OIC member states from international criticism for human rights violations, as well as for failing to guarantee freedom of religion, justifying corporal punishment and allowing discrimination against non Muslims and women.

Various Muslim countries had criticized the 1948 Universal Declaration of Human Rights for its failure to take into account the cultural and religious context of non Western countries. In 1981, Said Rajaie Khorassani—the post revolutionary Iranian representative to the UN—articulated the position of his country regarding the UDHR, by saying that it was a relativistic "secular understanding of the Judeo Christian tradition", which could not be implemented by Muslims without trespassing Islamic law. The CDHRI was adopted in 1990 by members of the Organisation of the Islamic Conference. As of 2012, it had been signed by 45 states. In 1992, the CDHRI was presented to the United Nations Commission on Human Rights, where it was strongly condemned by the International Commission of Jurists.

The Declaration It forbids the demolition and confiscation of any family's residence and the eviction of the family. Furthermore, should the family be separated in times of war, it is the responsibility of the state to "arrange visits or reunions of families". Article 10 of the Declaration states: "Islam is the religion of unspoiled nature. It is prohibited to exercise any form of compulsion on man or to exploit his poverty or ignorance in order to convert him to another religion or to atheism." Since in Islamic society all reasons for conversion away from Islam are considered to be essentially either compulsion or ignorance, this effectively forbids conversion away from Islam. The right to hold public office can only be exercised in accordance with the sharia. The Declaration also emphasizes the "full right to freedom and self determination", and its opposition to enslavement, oppression, exploitation, and colonialism. The CDHRI declares the rule of law, establishing "equality and justice for all", with the limitations provided under Islamic law. The CDHRI also guarantees all individuals the "right to participate, directly or indirectly in the administration of his country's public affairs". The CDHRI also forbids any abuse of authority "subject to the Islamic Shariah." Article 22(a) of the Declaration states that "Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Shariah." Article 22(b) states that "Everyone shall have the right to advocate what is right, and propagate what is good, and warn against what is wrong and evil according to the norms of Islamic Shariah." Article 22(c) states: "Information is a vital necessity to society. It may not be exploited or misused in such a way as may violate sanctities and the dignity of Prophets, undermine moral and ethical values or disintegrate, corrupt or harm society, or weaken its faith." This is an explicit restriction on the freedom to make any statement which might be considered blasphemous, the penalty for the making of which might be death and as such the wording of this clause allows the death penalty for blasphemy in clear contravention of the UDHR. Article 22(d) states that "It is not permitted to arouse nationalistic or doctrinal hatred or to do anything that may be an incitement to any form of racial discrimination."

Although the CDHRI uses a universalist language akin to the Universal Declaration of Human Rights, "quite a number of [its] features express an Islamic particularity." The CDHRI declares true religion to be the "guarantee for enhancing such dignity along the path to human integrity". It also places the responsibility for defending those rights upon the entire Ummah.

The CDHRI has been criticized for being implemented by a set of states with widely disparate religious policies and practices who had "a shared interest in disarming international criticism of their domestic human rights record." The CDHRI has been criticised for failing to guarantee freedom of religion, in particular the right of each and every individual to change their religion, as a "fundamental and non derogable right". In September 2008, in an article to the United Nations, the Center for Inquiry writes that the CDHRI "undermines equality of persons and freedom of expression and religion by imposing restrictions on nearly every human right based on Islamic Sharia law." Rhona Smith writes that, because of the CDHRI's reference to Shariah, it implies an inherent degree of superiority of men. Adama Dieng—a member of the International Commission of Jurists—has also criticised the CDHRI. He argued that the declaration gravely threatens the inter cultural consensus on which the international human rights instruments are based; that it introduces intolerable discrimination against non Muslims and women. He further argued that the CDHRI reveals a deliberately restrictive character in regard to certain fundamental rights and freedoms, to the point that certain essential provisions are below the legal standards in effect in a number of Muslim countries; it uses the cover of the "Islamic sharia (Law)" to justify the legitimacy of practices, such as corporal punishment, which attack the integrity and dignity of the human being.