A/HRC/40/58
on this issue fail to recognize the human cost of measures discussed in the previous section
and ignore the reality that the challenges resulting from friction between the two rights are
universal. The cases that follow, while far from exhaustive in unpacking the scope of the
problem, are emblematic of the impact that restrictions on expression involving religion or
belief, well intended as some might be, can have on the enjoyment of the right by individual
persons and communities.
A.
Blasphemy and the defamation of religion
The Ahmadiya Muslim community
Laws that target the Ahmadiya Muslims in Pakistan essentially pursue the aims of
anti-blasphemy laws. Ahmadiya Muslims consider themselves to be Sunni Muslims who
follow the teachings of Mirza Ghulam Ahmad (born in Qadian in Punjab, Pakistan, in 1835),
whom they regard as a non-law-giving prophet inspired to reform and renew the Muslim
community. However, orthodox Muslims regard this claim to be heretical and a violation of
the principle of the finality of the message of the Prophet Muhammad. Ahmadis have been
subject to systematic persecution by means of State-sanctioned discrimination and other
repressive measures, including the closing of their businesses, schools and places of worship
and the imprisonment of those who violate the restrictive laws imposed on the community.
Discriminatory measures include the denial of equal rights of citizenship, including in
standing for public office. There have been instances of people being dismissed from office
or forced to resign on account of their commitment to Ahmadi teachings or sentenced to death
merely for the practice of their faith. Adherents of the faith are subject to an ongoing
campaign of threats and intimidation and acts of violence and terrorism, with little or no
protection from the authorities. The persecution of Ahmadis is not restricted to Pakistan as
they have faced discrimination and violence in other Muslim-majority countries on account
of doctrinal disagreement over the claim of prophethood by Mirza Ghulam Ahmad.
37.
Mohammed Shaikh Ould Mohammed Ould Mkhaitir
Mohammed Shaikh Ould Mohammed Ould Mkhaitir, an engineer in Mauritania,
published on a news website in 2013 an article entitled “Religion, religiosity and
blacksmiths” which criticized the use of religion to justify slavery and highlighted the nexus
between religion, racism and discrimination. 19 Mkhaitir was arrested and charged with the
capital crimes of apostasy and insulting the Prophet Muhammad. When Mkhaitir learned that
the authorities were trying to arrest him, he surrendered voluntarily. After his arrest, the
public continued to protest against his article. Although Mkhaitir apologized during the trial
and explained that he never meant to insult the Prophet, he was sentenced to death. The trial
reportedly included several procedural irregularities, including ignoring a letter written by
Mkhaitir shortly after his arrest which stated that he had not intended to insult Islam. In the
lead-up to and during the trial, death threats were so prevalent that three of Mkhaitir’s lawyers
resigned. The death sentence issued by the Court met with international condemnation,
including from special procedure mandate holders. However, the Government claimed that
Mkhaitir had exceeded the limits of protected speech and that there was no infringement of
his right to freedom of religion or belief owing to the reservation entered by Mauritania to
article 18 of the International Covenant on Civil and Political Rights. In January 2017, the
Supreme Court reduced his sentence to a two-year prison term and a small fine. However, he
remains in detention at an unknown location with little or no access to his lawyers and is
reportedly seriously ill.
38.
Asia Bibi
Asia Bibi was convicted of blasphemy in November 2010 and sentenced to death. She
was a farmhand in the village of Ittan Wali, to the west of Lahore, Pakistan, where she and
her family were the only Christians. Bibi was reportedly accused of defiling a cup meant for
39.
19
10
In the second universal periodic review cycle, 17.5 per cent of all recommendations made to
Mauritania focused on addressing slavery.