A/HRC/34/56
III. Fundamentalism, extremism and cultural rights
61.
Across most areas of the Special Rapporteur’s mandate, fundamentalism and
extremism give rise to widespread abuses of cultural rights. Examples below should be seen
as part of a broader systematic assault on human rights. The Special Rapporteur has
addressed destruction of cultural heritage, including by fundamentalists and extremists, in
two previous reports (A/HRC/31/59 and A/71/317).
A.
Freedom of artistic expression and attacks against artists
62.
The former Special Rapporteur on cultural rights released, in 2013, a thematic study
on the right to freedom of artistic expression. Fundamentalist and extremist State and nonState actors often threaten this right. Artists have been accused of “blasphemy” or
“religious defamation”, insulting “religious feelings” or inciting “religious hatred” (see
A/HRC/23/34, para. 47). They are targeted both because creativity and expression per se
are seen as a threat by fundamentalists and extremists, but also because artists often resist
and offer alternatives to fundamentalist and extremist agendas. The history and practice of
women’s artistic expression is often erased by diverse fundamentalists. Entire artistic
practices, such as music, are sometimes banned as by jihadist groups in northern Mali
during the 2012 occupation. Restrictions to and violations of artistic freedom create an
unsafe environment for all engaged in the arts and their audiences and undermine efforts to
counter extremism and fundamentalism.
63.
For example, Palestinian poet Ashraf Fayadh was sentenced to death in 2015 by a
Saudi Arabian court for accusations including “apostasy” and “promoting atheism” (see
A/HRC/31/79, case SAU 10/2015, and A/HRC/32/53, p. 113). His sentence was later
reduced to eight years in prison and 800 lashes, but has been appealed. The Special
Rapporteur, noting the reply of the Saudi authorities on this matter (A/HRC/32/53, p. 113),
considers that criminalization of “apostasy” and “expressions of an atheist nature” are grave
violations of international human rights law.
64.
In 2016, alongside the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, the Special Rapporteur called on the Islamic
Republic of Iran to release Mahdi Rajabian, founder of BargMusic, and film-maker Hossein
Rajabian, jointly sentenced to three years in prison for “insulting Islamic sanctities” and
“illegal audiovisual activities”.24
65.
In 2012, the previous Special Rapporteur on cultural rights also expressed concern
about threats and violence committed against artists and academics in Tunisia by Salafist
groups and at their instigation (see A/HRC/22/67, case TUN 2/2012 and State response).
66.
In 2015, the Special Rapporteur denounced the terrorist attacks of 13 November in
Paris, which deliberately targeted sites where people enjoy their cultural rights. The claim
of responsibility for the attacks by Islamic State in Iraq and the Levant labelled the rock
fans at Bataclan as “pagans”. The Special Rapporteur appealed to civil society around the
world “to support those resisting such fundamentalist assaults on cultural life on the
frontlines from West Africa to South Asia and beyond”.25
24
25
14
“‘Artistic expression is not a crime’ — UN rights experts urge the Iranian Government to free jailed
artists”, 24 June 2016; see also A/HRC/33/32, case JUA IRN 4/2016 and State reply.
“Paris attacks: ‘Crime against humanity, crime against culture’ — UN expert on cultural rights”, 17
November 2015.