UN expert urges States to protect freedom of expression
States must step up measures to protect freedom of religion or belief, a UN human rights expert said today, citing concerns about the increasing use of anti-blasphemy laws and the imposition of draconian criminal penalties for expressing an opinion about religion.
“The increasing application of limits on freedom of expression, including new legal and extra-legal limitations by State and non-State actors, is having a concerning impact on freedom of religion or belief, globally,” Ahmed Shaheed, the UN Special Rapporteur on freedom of religion or belief, told the Human Rights Council in Geneva.
“Freedom of religion or belief and freedom of expression are closely interrelated and mutually reinforcing rights when exercised within the legal framework established by international human rights law. Consequently, where we observe abuses of one right, we are likely to see the stage being set for abuses of the other,” he said.
In his report to the Council, Shaheed presented examples of restrictions on freedom of expression, including public order measures, anti-blasphemy, anti-proselytising and anti-apostasy laws, as well as policies to combat religious hatred and extremism.
• Asia
Bibi, a Pakistani Christian woman sentenced to death for
blasphemy in 2010. Bibi was reportedly accused of defiling
the cup meant for her Muslim colleagues after drinking water
from the vessel, on the grounds that as a Christian she was
‘unclean’ and forbidden to use the same utensils as
Muslims.
• Ashraf Fayadh, Palestinian poet and
artist, who was sentenced to death in the Kingdom of Saudi
Arabia for apostasy in 2015, after which an appeals court
commuted the sentence to eight years in prison and 800
lashes. He was accused of apostasy because he allegedly
questioned religion and promoted atheism through his poetry.
Mr. Fayadh remains a prisoner of conscience, detained for
the mere peaceful expression of his opinion.
•
“Pussy Riot”, the Russian feminist punk rock
protest group which briefly performed (and filmed itself
performing) a song deemed critical of the authorities on 21
February 2012 in the restricted part where the altar is
located in Moscow’s largest Russian Orthodox Church.
Members of the band were arrested and criminally charged
with hooliganism.
• Adoption of an amendment to
Nepal’s penal code in 2017, which criminalises ‘hurting
of religious sentiment” and religious conversion.
Shaheed said that nearly 70 States have anti-blasphemy laws, with 30 States also carrying anti-apostasy laws. In some jurisdictions, either or both of these laws may provide for the use of the death penalty.
“There has been a revival of anti-blasphemy and anti-apostasy laws, a proliferation of, and increasing reliance on, public order laws to limit expression deemed to be offensive to religious or belief communities, along with increasing investments in strategies that combat expression which incites persons to discrimination, hostility or violence against persons on the basis of religion or belief,” said the Special Rapporteur. At the same time, he welcomed that some countries have recently repealed their former anti-blasphemy laws.
Shaheed urged States developing strategies to tackle the issues to be guided by international initiatives like the Rabat Plan of Action, which seek to operationalise States’ obligations to respond to any promotion of religious hatred. He also stressed that the Beirut Declaration on “Faith for Rights” was a source of important guidance and inspiration for action.