A/HRC/31/18/Add.2
95.
The only question is whether and how to recognize this reality. An opening-up in
this regard helps to overcome prejudices and unsubstantiated anxieties, thus giving more
breathing space to human beings who otherwise would be forced to conceal important
aspects of their personal identity. The Special Rapporteur would like to stress that the right
to freedom of religion or belief is guaranteed for every single human being, so no one
should be deprived the right on the basis of sexuality, gender, ethnicity or caste. He has
heard of encouraging initiatives by representatives of sexual minorities and religious
community leaders in South Asia, including some from Bangladesh, who met to discuss
and better understand these issues.
C.
Communicative action against incitement to religious hatred
96.
Incitement to hatred in the name of religion poses a threat to all societies, including
in Bangladesh, and casts a dark shadow over the otherwise harmonious society. More than
anything else, incitement to religious hatred also prevents people, in particular members of
minorities, from fully enjoying their freedom of religion or belief and their freedom to live
without fear.
97.
The scourge of religious hatred has recently attracted much attention at the United
Nations. In 2012, as a result of broad international and regional consultation, including in
Asia, the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence was elaborated,
including details concerning the principles on which anti-incitement policies should be
based. In this context, the Rabat Plan of Action attaches great importance to the productive
role that communicative outreach should play in preventing and combating acts of hatred
perpetrated in the name of religion. It emphasizes the significance of interreligious
dialogue, independent journalism, a fair representation of minorities in public and private
media and other communicative action.
98.
The main response to hate speech should be “positive speech”, which requires
commitment by a broad range of different stakeholders. For this to be possible,
communicative freedom is needed, including freedom of expression, freedom of association
and, not least, freedom of religion or belief, of all which are normatively closely
interlinked. Limitations to those rights, e.g. if deemed necessary to prevent imminent
danger, should always be connected to a high threshold and must be clearly and narrowly
defined in order to preserve the space for public discourse, which, in a climate of political
and legal insecurity, can rapidly shrink.
99.
Bangladesh has been blessed with an active civil society and a broad variety of
media, through which people participate in public debates. From the perspective of freedom
of religion or belief, these are precious assets that deserve to be appreciated, cultivated and
further developed. In an increasingly polarized atmosphere, this is obviously not an easy
task.
100. Concerns expressed by civil society organizations about the shrinking space for
public engagement should be taken very seriously, as they indicate the urgent need to take
action in order to improve the conditions for communicative public engagement rather than
creating more legal and political insecurity for civil society activities. Frank public
discourse should be promoted in the interest of freedom of religion or belief for everyone,
since religious open-mindedness requires an open space, ideally provided under the
auspices of inclusive secularism, as entrenched in the Constitution of Bangladesh.
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