The Equality and Human Rights Commission (EHRC) has set out strong opposition to a proposed non-statutory definition of ‘Islamophobia’.
Responding to a consultation from a Government appointed working group on Islamophobia / anti-Muslim hatred, the EHRC said no definition should be adopted.
The National Secular Society has long campaigned against adopting a definition of Islamophobia. It also engaged and met with the working group to express its concerns.
Definition risks “being unhelpful or merely duplicative”
The EHRC noted the Equality Act 2010 and the criminal law already protects Muslims. A non-statutory definition “risks being unhelp or merely duplicative”, it said.
Both the Government and the working group failed to identify “what specific problem a new non-statutory definition would solve” and had not “provided analysis of why existing statutory provisions are insufficient”.
A definition “could have a chilling effect on freedom of expression” and, if applied by public authorities, “could lead to unlawful restrictions on political speech”. This could lead to “further harm to community cohesion”.
It also stated that Islamophobia is not a form of racism, as claimed by the All Party Parliamentary Group on British Muslims in its proposed 2018 definition, which has been adopted by most political parties.
Muslim “group identity is defined by their religion, not their racial background”, the EHRC said. Criticism of religion enjoys some legal protections that would not be engaged if Islamophobia were deemed a form of racism.
Instead of adopting a definition, the Government could take measures to “more effectively tackle anti-Muslim hatred” – such as “increased powers and resources for enforcement”.
A recent report from the thinktank Policy Exchange also warned a definition could undermine counter-terrorism legislation.
NSS: EHRC “rightly notes” Muslims are already protected in law
National Secular Society spokesperson Alejandro Sanchez said: “Anti-Muslim bigotry is a real problem that must be addressed.
“But adopting a formal definition of Islamophobia would be counterproductive: It risks muzzling legitimate criticism of doctrine, and fuelling perceptions of preferential treatment for select groups.
“We therefore welcome this robust submission from the EHRC, which rightly notes that Muslims are already protected by existing legislation. Those laws, along with the universal human rights we all enjoy, must be upheld.”