The USA Journals Volume 03 Issue 11-2021
48
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
November 30, 2021 |
Pages:
48-56
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue11-08
I
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‘
ABSTRACT
This article highlights the problems that existed in society thousands of years ago, such as
xenophobia. Until the twentieth century, this problem was not only prevalent in all states and
cultures, but was one of the hallmarks of everyday life. Preventing it has become increasingly
important in recent decades due to the rapid globalization of the twentieth century and the
principles of tolerance, which have been recognized as a key criterion for cultural diversity
and global political processes it is highlighted that in the mind.
KEYWORDS
Immigrants, Islamization, Troubled Countries, Prosperous States, Customs, Lifestyle,
Xenophobia, Islamophobia, Freedom Of Religion, Factor Of Religion.
INTRODUCTION
Extremism, religious xenophobia and
bigotry are on the rise in world politics
today. Suffering from this, we can witness
that in many parts of the world, not only
development but also civilization is being
pushed back into the mire of various
conflicts and wars, delaying it for decades.
In the twentieth century (1940-1950), 25%
of conflicts were related to the factor of
religion, ie violation of the norms of
The Basic Laws Of The Countries Prohibit The State From
Engaging In Religious Xenophobia And Bigotry
Behzod Soipov
Independent Researcher, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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freedom of religion, religious xenophobia,
while at the beginning of the XXI century
this figure was 43%. Accordingly, it should
be noted that more than 50 conflicts and
wars that have taken place so far have
been waged under the guise of religion. In
the early 1990s, about 500 terrorist
organizations and extremist groups were
registered, and in 2017-2019, about 6,500
terrorist and subversive activities were
carried out in 139 countries. Of these,
actions in 35 countries resulted in deaths,
and in 16, deaths as a result of mass
demonstrations and the aggressive actions
of religious fanatics against members of
other religions. In 60 countries (22%),
various fanatical organizations operate
under the guise of religion.
However, in 2017 alone, there were 11,774
terrorist acts worldwide, resulting in
28,000 deaths and more than 35,000
injuries. The attacks took place in 92
countries, more than 55% of which took
place in Iraq, Afghanistan, Pakistan, India
and Nigeria. Iraq, Afghanistan, Nigeria,
Syria and Pakistan account for 74% of the
deaths. But it is certainly wrong to link all
disagreements and conflicts with extremist
groups operating under the guise of Islam.
Most of the subversive activities that have
taken place in the last twenty years have
been carried out by sects and currents that
have nothing to do with Islam. However, in
2015 alone, more than 1 million people
became migrants seeking asylum in
European
countries
across
the
Mediterranean. As a result, Islamophobia is
on the rise in Europe, which is not ready to
accept them, and the problems associated
with it[1].
In the early 1990s, when discussions on
freedom of conscience were the only issue
on the agenda between the state and
religions, the issue is now of global
importance. It is not only religion and the
state, but also terrorist organizations such
as ISIS, Jabhad al-Nusra, Boko Haram, Al-
Qaeda, which have become a global threat.
It is known that.
Currently, the constitutions or basic laws of
more than a hundred countries around the
world have enacted laws on freedom of
conscience, with another 20% of countries
agreeing to join the list. However, while
freedom of conscience is emphasized in a
number of countries, the protection of
these laws is not fully guaranteed in
practice.
According to I.Vershinina, xenophobia
existed in society 10,000 years ago and was
widespread not only in all states and
cultures until the twentieth century, but
was one of the characteristics of everyday
life. Preventing it, on the other hand, has
become increasingly important due to the
rapid globalization of the twentieth
century. Ensuring the principles of
tolerance has been important in recent
decades and has been accepted as a key
criterion of cultural diversity and global
political processes, with many believing
that this approach has won and become an
international trend. "Rapid migration
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processes have turned cities such as New
York, London and Berlin into centers of
different cultures, religions, worldviews
and traditions[2]".
MATERIALS AND METHODS
Factors such as multi-sectoral integration
in the international arena, deepening and
expanding cooperation, the emergence of
new universal ideas of global significance
and the improvement of their propaganda
technologies are theoretically justified as
the main causes of globalization[3].
It should be noted that globalization has a
direct impact on xenophobia and its
negative manifestations.
In Europe, which has been recognized as
tolerant, the recent response to the
accelerating flow of migrants from the
Middle East and North Africa has proved
that these recognition has not been fully
justified. According to the results of the
Danish parliamentary elections, the ultra-
right Danish People's Party has won, and
one of its main goals is to "control the flow
of migrants." "We ... want to see in every
Danish train or on the street that when he
comes face to face with an immigrant,
there is a desire in his eyes to embrace
Danish culture and way of life[4]". This
mood is widespread throughout Europe.
The French state opposes the entry of
Roma and Kosovars from Romania, while
Britain does not welcome the entry of
immigrants from Slavic countries into its
country. The referendum on its exit from
the EU was also held because of
dissatisfaction with Brussels' migration
policy. Italy has also set up a screening
center on the island of Lampedusa, where
immigrants from African countries are
accepted. A movement called PEGIDA has
been formed in Germany to oppose the
Islamization of the country, a movement
that has spread across Europe, saying "we
are afraid to wake up one day and not be in
our own country[4] ".
Indeed, the growth of migration in recent
years has affected not only the socio-
economic spheres, but also religious and
cultural processes. Culture also leads to
misunderstandings and sharp objections
sometimes because the dialogue between
religions does not leave an opportunity for
mutual understanding. Immigrants, in turn,
are forced to wander in foreign lands in
search of refuge, peace-loving citizens of
troubled countries, which a few years ago
were among the prosperous countries, and
now terrorism, extremism and famine are
on the rise. These include Syria, Iraq, Libya
and Yemen.
Analyzing the causes of the increase in
xenophobia, V. Mukomel argues that the
situation has now changed and that
instead of fearing the loss of resources
typical of the 1990s, there is a risk of losing
cultural, “identity” and “cultural identity”.
At the same time, immigrants fear that
their traditions will affect the cultural
identity of the indigenous population[5].
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Contrary to this view, I.Vershinina said that
the situation has really changed, but the
socio-economic basis of xenophobia, the
pursuit of resources still continues. While in
the 1990s there was a tendency for society
to get out of poverty, today it is manifested
in the form of competition for social
advancement, prestigious jobs, quality
housing, education, health care. "Problems
such as low access to education,
employment, and the growing wave of
migration are creating social tensions[6]".
Of course, man, the economic factor has
become one of the main places in the life of
society. Today, many problems that need
to be addressed in the field of stability, the
creation of civil society, economic and
social issues, as well as the solution of tasks
in the field of religion and enlightenment.
In an increasingly globalized world, the
issue of ensuring human solidarity within
the turbulence has become one of the main
tasks of international organizations.
The existence of various "phobias" in
society is associated with issues that are
still pending in the economic, social,
cultural and political spheres. The problem
of religious xenophobia has also become a
force that undermines the development
and stability of the state and society.
Today, this issue is being studied by various
social research institutes. Legislation to
prevent all forms of xenophobia (religious,
national, racial) is being enacted in the
legal systems of most countries and
international organizations. The level of
well-being of any state and society is
closely related to the extent to which the
ideas of tolerance are applied to life.
Currently, in the basic legislation of many
countries, the state is prohibited by law
from engaging in acts of religious
xenophobia, intolerance, bigotry. For
example, the first edition of the US
Constitution[7], Article 4 of the German
Constitution, Article 44 of the Irish
Constitution, Article 40 of the Estonian
Constitution, and Articles 36 of the
Constitutions of Turkey and the Republic of
Korea set out human rights to religious
freedom.
Although the basic laws of some countries
do
not
contain
specific
religious
regulations, they do prohibit any form of
discrimination against religious affiliation.
As an example, Article 1 of the French
Constitution and Article 40 of the Canadian
and Egyptian laws address exactly the
above issues[8]. It should be noted that the
full
implementation
of
the
above
constitutional rights in all countries in the
prevention of religious xenophobia,
bigotry, discrimination against religious
affiliation may have different differences in
different countries.
In some countries, certain religions or
denominations may be recognized by the
state as the official religion. In particular,
the Finnish Evangelical Lutheran and
Finnish Orthodox Churches are the state
churches of the country, but freedom of
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religion and belief is protected in Article 11
of the Finnish Constitution[9].
In some countries, insulting religion or the
name of God is prohibited by law, as
exemplified in 2006 by Manfred van H. of
Germany. has been held accountable for
his actions against Islam, and the link
between bigotry
1
, religious views, and
desecration of attributes can lead to more
religious xenophobia when applied to a
religion.
The UN Universal Declaration of Human
Rights protects freedom of religion and
belief under Article 18, and Article 2
prohibits any religious discrimination.
Article 18 also provides for the right to
change one's religion. Although the
declaration is not legally binding, in 1998
the United States adopted an international
instrument
on
religious
freedom,
according to which the International
Commission on Religious Freedom was
established. The U.S. government has
passed a law to take action against states
that violate the rights enshrined in the
Universal Declaration of Human Rights[10].
Adopted by all EU member states, Article 9
of the European Convention on Human
Rights and Freedoms prohibits religious
practices and Article 14 prohibits religious
discrimination.
1
In Germany, any form of discrimination or insult
against religion, religious beliefs, or the church that
interferes with public peace is prohibited under Article
166 of the Criminal Code and is punishable by up to 3
years in prison. In 2006, a 61-year-old retiree
(identified in court as Manfred van H. for security
The Declaration on the Principles of
Tolerance was adopted at the 28th session
of the UNESCO General Conference on 16
November 1995. From this day on,
November 16 will be widely celebrated
around the world, including Uzbekistan, as
the International Day for Tolerance. The
main purpose of tolerance is to encourage
humanity
to
maintain
peace
and
tranquility. As the Declaration states,
"Without tolerance, there can be no peace,
and without peace, there can be no
progress and no democracy".
It is known from history that in fact the
original idea of all religions is based on the
rules of goodness, respect for each other,
people of other religions. In particular,
Islam promotes the idea that the origins of
the peoples of the world are in fact from
the same parents, that they are relatives
and brothers. According to Islam, the
division of the world's population into
different races, nations and peoples is the
work of God, and the purpose of creating it
in this way is for them to interact and
establish cooperation. Several verses of
the Qur'an cover the issues of interethnic
harmony, solidarity and religious tolerance.
In particular, Surat al-Hujurat, verse 13,
says: Human beings, We created you all
from a male and a female, and made you
reasons) was sentenced to one year in prison and 300
hours of community service for writing the words
"Qur'an, Holy Qur'an" on toilet paper and sending it to
22 mosques and several television stations across the
country. The penalty is to be involved in the case.
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into nations and tribes so that you may
know one another. Verily the noblest of
you in the sight of Allah is the most God-
fearing of you.Surely Allah is All-Knowing,
All-Aware.(49:13)[11]. Also, in Surah Al
'Imran: Say (O Muhammad):
The Qur'an promotes the recognition of
the previous holy books, the Psalms, the
Torah, and the Bible, and the respect of the
People of the Book, that is, the
representatives of other religions. It calls
people to mutual love, cooperation, and
overcoming all forms of strife, discord, and
conflict.
In a hadith narrated from Muhammad, he
said: "Whoever harms his people will see
me as his enemy on the Day of
Resurrection." It was with this hadith in
mind that 'Umar sent' Amr ibn 'As to
conquer Egypt and said, “Be careful! Do
not make the Messenger of Allah, may
Allah bless him and grant him peace, your
enemy”. Other heavenly religions also
promote compassion and love and call for
good treatment of the enemy[12].
Clearly, for the development of society,
peaceful coexistence, peace and harmony,
mutual kindness, respect for the elderly,
respect for the younger, respect for the
rights of kinship and neighborliness,
tolerance of other religions, the prevention
of xenophobic mood does.
It should be noted that xenophobia is a
force that disrupts peace and stability in
society, it is the result of a one-sided, that
is, a negative approach to the objects and
concepts
associated
with
different
religions. Xenophobia is a subjective
phenomenon that can be assessed as a
consequence of an unfair approach, such
as ignorance, emotional attachment,
misunderstanding the causes of failure.
Xenophobia is an abnormal condition,
regardless of its form - religious, national,
racial.
In conclusion, so far mankind has
experienced various wars and conflicts, but
these conflicts have not ended in the third
millennium. Many of these conflicts stem
from violations of the norms of religious
freedom, mutual misunderstandings, and
the predominance of one’s own religion
and views. According to some, economic
growth can eliminate socio-political,
ideological problems. This view also has a
certain objection, and in developed
countries such as the United States, Britain,
France, Germany, Belgium, Saudi Arabia,
various forms of terrorism, extremism,
xenophobia,
Islamophobia
threaten
human life.
CONCLUSION
Xenophobia is a force that disrupts peace
and stability in society, it is the result of a
one-sided, that is, a negative approach to
the representatives of different religions,
objects and concepts associated with it.
Xenophobia is a subjective phenomenon
that can be assessed as a consequence of
an unfair approach, such as ignorance,
emotional attachment, misunderstanding
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the causes of failure. Xenophobia is an
abnormal condition, regardless of its form
- religious, national, racial.
Religious xenophobia is a set of concepts
related to different religions, feelings of
fear of people, groups, etc., as well as
actions arising from a negative attitude
towards it.
The Crusades were an example of one of
the historical manifestations of religious
xenophobia, leading to clashes and
struggles between members of the two
religions, as well as helping Western
European
countries
shape
their
perceptions of the Islamic world. In turn, it
helped to understand the lifestyle of the
Western countries of the Muslim world.
The
negative
aspects
of
religious
xenophobia can also be traced to the
clashes and disagreements that took place
in French history between representatives
of
the
Catholic
and
Protestant
denominations of Christianity in the 16th
century. The solution to this 30-year
conflict was the guarantee of freedom of
religion, the Nantes Decision.
In the era of globalization, the number of
terrorist organizations is increasing as a
result of religious xenophobia. In 2017
alone, there were 11,774 terrorist acts
worldwide, killing 28,000 people and
injuring more than 35,000. The attacks
took place in 92 countries, more than 55%
of which took place in Iraq, Afghanistan,
Pakistan,
India
and
Nigeria.
Iraq,
Afghanistan, Nigeria, Syria and Pakistan
accounted for 74% of the casualties.
No matter where and at what point in the
world the elements of xenophobia occur, it
will inevitably lead to conflicts between
representatives
of
religion,
sect,
worldview,
different
religious
communities, states. The fact that inter-
religious dialogue and relations are
conducted in accordance with the
requirements
of
mutual
equality,
international and local law, serves to
determine its prospects.
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