E/CN.4/1995/91
page 147
The Special Rapporteur is concerned at the abuse of legislation against
blasphemy and the groundless accusations of blasphemy in certain countries.
Such abuses foster a climate of religious intolerance and even acts of
violence, including murder. In Pakistan, he was informed, the blasphemy law
was amended to make the admissibility of blasphemy proceedings dependent on
sufficient evidence and to make it easier to prosecute spreaders of false
accusations of blasphemy and abusers of the law. Notwithstanding these
amendments, however, there were reports that the Ahmadiyya and Christian
minorities and even Muslims continued to be the victims of serious acts of
religious intolerance. In Bangladesh, Mrs. Taslima Nasreen, a writer charged
with blasphemy and sentenced to death by religious extremists, was compelled
to leave her country in order to escape persecution. In Egypt and the
United Arab Emirates, writers were also allegedly prosecuted and convicted for
their work which was viewed as blasphemous. Finally, in Canada, a writer was
allegedly stabbed, apparently because of a novel that had been considered
blasphemous. The Special Rapporteur believes that special attention should be
paid to these distressing situations and recommends that a study should be
made of blasphemy from the human rights standpoint.
The Special Rapporteur also notes with concern the many cases of harm
caused to places of worship, special religious sites and religious property of
all denominations. These include damage to and confiscation or destruction of
places of worship, profanation of cemeteries and denial of authorization to
build places of worship or to renovate, restore or use such places. In this
connection, the Special Rapporteur draws attention to paragraph 10 of
resolution 1994/18, in which the Commission on Human Rights calls upon all
States in accordance with their national legislation to exert their utmost
efforts to ensure that places of worship and shrines are fully respected and
protected.
The Special Rapporteur once again notes that real estate claims by
several churches in a number of eastern European countries, such as Albania,
have still not been successful despite the progress made in terms of religious
freedom since the changes in those countries’ regimes.
The Special Rapporteur is concerned at the role which the media play in
some countries in developing a climate of religious intolerance, and he
recommends that specific action be taken under the programme of advisory
services in order to remedy the situation. He also deplores that the media
suffer from acts, or even policies of intolerance and religious discrimination
in other countries, including in particular Algeria.
The Special Rapporteur has continued to receive communications describing
violations in several countries of the rights and freedoms of sects and other
similar or comparable communities. He wishes to point out first of all that
the 1981 Declaration is intended to protect not only religions, but also
theistic, non-theistic and atheistic beliefs. He also wishes to point out,
bearing in mind article 1, paragraph 3 of the Declaration, that freedom of
religion and belief does not prevent the State from fulfilling, to the extent
necessary and in accordance with pre-established rules consistent with
international norms, its inherent obligation to protect public safety, order,
health or morals, or the fundamental rights and freedoms of others.