Shakman Hurd on Religious Freedom in International Law

Religion News Service has  an interesting interview  with Northwestern’s Elizabeth Shakman Hurd on the promotion of religious freedom in international human rights law. A number of states and regional organizations–including Canada, the EU, and the US–now have special diplomatic offices devoted to promoting religious freedom across the globe. Shakman Hurd thinks this is a mistake:

When the United States promotes religious freedom and pursues religious engagement, groups that favor American political, economic and strategic interests are likely to be engaged and promoted, while those that the U.S. disfavors are likely to be classified as cults or extremists and cast aside. In this scenario, it’s surprisingly easy for the particular version of a religion that the U.S. supports to carry more weight politically than others.

A second concern involves the social effects of emphasizing and privileging religion as a fixed, stable, and politically and legally meaningful category. Protecting religious freedom pressures states and courts to eliminate the gray areas surrounding identities, and incentivizes them to classify and govern citizens as “religious” subjects. Not only does this exclude the “non-religious,” however defined, it also risks contributing to the very tensions that these projects are designed to eliminate by hardening what were once more fluid lines of difference between groups and inserting international dimensions into what were once local matters.

To illustrate, she discusses outsiders’ attempts to promote the rights of Coptic Christians in Egypt:

Take the example of Copts in Egypt. One concern is that outside lobbying on behalf of local groups identified as “religious minorities” arguably underscores the very lines of division between Copts and other Egyptians that one  hopes would become politically irrelevant in a democratic society and polity. A second concern is that defending the rights of Egyptians as Copts not only obscures the internal diversity of the Coptic community but also erases those who might not choose to identify as Copts but as Egyptians, humans, environmentalists or something else.

I worry that these campaigns may actually inflame existing tensions by making it more likely that social difference is conceived through the prism of religion. Pro-Coptic intervention by U.S. and other governmental and non-governmental actors may fan the flames of intercommunal violence. Individuals and groups that face persecution and discrimination deserve outside support, but not on the basis of religious affiliation.

Shakman Hurd is very thoughtful, and she has a point about inflaming existing tensions. Muslim cultures historically view Christian minorities as fifth columnists, only too eager to work with outsiders to destroy the state. If Western powers intervene in a clumsy way, they will likely expose Christians to a vicious backlash–as happened in the Ottoman Empire in the nineteenth century and Iraq in the twenty-first. So, to the extent Shakman Hurd cautions against clumsy interventions, I completely agree with her.

On her larger points, though, I disagree. (That won’t come as a surprise to anyone who’s read my posts on Mideast Christians!).  For example, I don’t think it’s all that difficult to identify religion as a category, at least not for diplomatic purposes. True, there are interesting academic debates. And, in the US, the rise of the Nones is putting pressure on our understanding of religion. But most people have a pretty good idea of what religion is, for most purposes, even if they can’t define religion exactly. And these commonsense understandings are good enough for diplomacy.

With respect to her other main point, that by advocating for religious freedom in a foreign country, the US will inevitably pick a side in an internal debate–well, picking a side is really unavoidable. If the US doesn’t stick up for Copts, for example, Egyptians will perceive the US as backing the Muslim Brotherhood and its supporters. In fact, that is the perception in Egypt and throughout the Middle East today. Neutrality in these matters is impossible. Which side do you choose?

But this isn’t the place for a long debate. The interview is very much worth reading for a different perspective on things. You can read the whole thing  here .