A/55/280/Add.2 of a fatwa declared by the imam of the mosque, who accused him in respect of a second marriage, and sentenced him to 101 lashes. As a result of the fatwa, Noorjahan committed suicide. Following his death, and as a result of action taken by non-governmental organizations working on behalf of women and human rights, the culprit was brought to justice. These fatwas, which are entirely illegal, are especially serious because as punishment the accused are often flogged, stoned, or shunned by society. The fatwas thus constitute attacks on the physical and moral integrity of women. According to non-governmental sources, those responsible for these fatwas are usually not pursued by local officials responsible for enforcing the law. Fatwas issued by non-State actors also represent a threat to the Government’s efforts on behalf of women and to women’s empowerment — notably in the area of education. 84. The Special Rapporteur feels duty bound to note that the local authorities sometimes convey a very conservative, and sometimes obscurantist image of women. One senior official stated quite frankly to the Special Rapporteur that according to his interpretation of Islam, women did not belong inside mosques, that a man should not shake a woman’s hand, and that in private life — including within the family — all mixing of the sexes outside marriage should be avoided (including mixing between fathers and daughters). 85. Furthermore, the experts noted that women from minorities and ethnic communities were vulnerable to violence from outside their communities. According to these experts, Hindu, Buddhist, and Christian women were obliged to endure a climate of insecurity, due to an increased risk that they would be assaulted (notably in the form of sexual harassment and rape). This increased risk stemmed from the repercussions, within Bangladesh, both of international events concerning their community (for example, the anti-Hindu attacks — which included a significant number of rapes — during the Ayodhya episode in India), and/or of the so-called honour question. With respect to the latter question, it appears to be established and common practice that attempts to subject, or commit violations against minorities and ethnic communities should take the form of threats, or actual assaults (in this instance rape) on the honour of women, who represent the honour of the whole community. This occurs, for example, within the context of conflicts, for the appropriation of property, etc. With regard to ethnic populations, during his consultations in the Chittagong Hill Tracts the Special Rapporteur was informed by non-governmental representatives of numerous cases of attacks against the physical and moral integrity of women from ethnic populations, committed by the armed forces and non-ethnic Muslim populations during the period of armed conflict. With respect to the period since the Peace Accord, emphasis was given to the incident of October 1999, which was so traumatic for the ethnic communities of the Chittagong Hill Tracts (see para. 72). 86. In addition to the various factors described above (traditions — notably religious traditions or those attributed to religion; cultural social and religious taboos), non-governmental representatives lamented the fact that school textbooks did not convey a positive image of women, despite the efforts of UNICEF, in particular. Mention was also made of the especially harmful role of Muslim extremists. Indeed, it was considered that Muslim extremists profited from a difficult socio-economic system, under which most people sought refuge in religion, but were, unfortunately, guided by religious officials who were often incompetent, and/or close to extremists. It was further pointed out that the absence of girls and women as students and teachers within the madrasahs conveyed a message that was unfavourable to women and contrary to enlightened religious education. VI. Conclusions and recommendations 87. In formulating the following conclusions and recommendations concerning legislation, politics, and the situation with regard to religion and belief, the Special Rapporteur has paid particular attention to the status of women. 88. With regard to legislation, the Special Rapporteur considers that constitutional measures guarantee freedom of religion and belief and their manifestations, in accordance with relevant international law. Furthermore, the Constitution guarantees the principle of non-discrimination, especially with respect to religion and gender. With regard to the constitutional recognition of Islam as the State religion, the Special Rapporteur would like to recall that, under international law, a State, or official religion is not in itself contrary to human rights. However, this fact — which indeed is enshrined within the Bangladeshi Constitution — must not be exploited at the expense of 21

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