A/HRC/34/56
Faisal Arefin Dipan, in October 2015 (see A/HRC/30/27, case BGD/2/2015 and
A/HRC/31/79, State reply).
72.
The Special Rapporteur regrets she did not receive a substantive reply from the
Government of Bangladesh to her communication on the need to protect at-risk
intellectuals. Moreover, she deplores subsequent government statements, which criticized
the writers themselves. As Rafida Ahmed, widow of Mr. Roy, has written: “once a country
silences and intimidates its intellectuals and freethinkers, a vicious cycle of … extremism
becomes inevitable … it creates an intellectual vacuum, from which it could take many,
many years to revert”. 34
73.
Those who speak up in defence of the cultural rights of others against extremist or
fundamentalist policies or measures often face grave risk. These include the late Salman
Taseer, the governor of Punjab in Pakistan, who advocated for a Christian woman, Asia
Bibi, who had been sentenced to death for blasphemy. 35 Mr. Taseer was killed by a
bodyguard who was subsequently sentenced to death and executed, but lionized by some.
Htin Lin Oo, a former National League for Democracy official, was sentenced to two years
hard labour in Myanmar, although later pardoned and released, after giving a speech at a
2014 literary event criticizing the use of Buddhism for promoting discrimination. 36
C.
The right to take part in cultural life without discrimination
1.
Women’s cultural rights
74.
While observing that reference to culture, religion and tradition has often been
misused to justify discrimination, the Special Rapporteur’s predecessor proposed a
paradigm shift: from viewing culture as an obstacle to women’s rights to emphasizing the
need to ensure women’s equal enjoyment of cultural rights (see A/67/287). Women’s
cultural rights are a prime target for fundamentalists and extremists, who often claim to be
defending culture, religion or tradition but instead deny the rights of others in these regards.
75.
The struggle for women’s rights is an essential component of the fight against all
forms of extremism, fundamentalism and terrorism. The gender component is not optional.
“Every step forward in the fight for women’s rights is a piece of the struggle against
fundamentalism.”37
76.
Women human rights defenders have been leading the fight against fundamentalism
and extremism for decades without sufficient attention being paid to their concerns by
Governments, international organizations or the international human rights movement.
They have urged that attention be paid to “warning sign of fundamentalism”, including
rising violence against women, obvious developments which were “often ignored for the
sake of national and religious unity”.38
77.
Women human rights defenders challenging fundamentalist and extremist
movements by, inter alia, defending women’s rights to take part in cultural life without
discrimination are defending dynamic, living culture and cultural rights in accordance with
34
35
36
37
38
16
Quoted in International Humanist and Ethical Union, “The freedom of thought report 2015”, p. 7.
Human Rights First, “Blasphemy law(lessness) in Pakistan”, 16 February 2011.
Amnesty International, “Htin Lin Oo released after presidential pardon”, (urgent action 16/15,
Amnesty International index No. ASA 16/3862/2016 Myanmar), 19 April 2016.
Zeinabou Hadari, cited in Your Fatwa Does Not Apply Here: Untold Stories from the Fight against
Muslim Fundamentalism, Karima Bennoune (2013), p. 82.
Ayesha Imam, Jenny Morgan and Nira Yuval-Davis, eds., Warning Signs of Fundamentalisms
(Women Living Under Muslim Laws, 2004), p. xiv.