A/HRC/40/58
I. Activities of the Special Rapporteur since August 2018
In its resolution 31/16, adopted in March 2016, the Human Rights Council extended
the mandate of the Special Rapporteur on freedom of religion or belief for a period of three
years. The Council appointed Ahmed Shaheed as the Special Rapporteur at its thirty-second
session. He assumed his mandate on 1 November 2016.
1.
An overview of the activities of the mandate holder between 1 November 2017 and
31 July 2018 is provided in the most recent report that he presented to the General Assembly
at its seventy-third session (A/73/362). In addition, he was invited to a number of meetings
and consultations on freedom of religion or belief, including the international seminar on
Islamophobia of the Independent Permanent Human Rights Commission of the Organization
of Islamic Cooperation (OIC), held in Istanbul on 17 and 18 September 2018, and the
Interfaith Forum of the Group of 20 (G-20), held in Buenos Aires from 26 to 28 September.
He also participated in a national conference on promoting freedom of religion or belief, held
in Oslo in November, a workshop of the Office of the United Nations High Commissioner
for Human Rights (OHCHR) on a toolkit titled “#faith4rights”, held in Collonges,
Switzerland, on 13 and 14 December, and a side event on combating anti-Semitism in Europe
and beyond, held in Geneva on 17 December.
2.
Furthermore, he undertook a country visit to Tunisia from 9 to 19 April. In 2018, the
Special Rapporteur sent 39 communications and issued 20 press releases to raise his voice
against the violation of freedom of religion or belief in various countries. He also sent
requests for country visits to Malaysia, the Netherlands, Saudi Arabia and Sri Lanka. His
requests to visit the Netherlands and Sri Lanka were accepted.
3.
II. Introduction: freedoms of thought, conscience, religion or
belief, opinion and expression
The current age is one of unprecedented opportunity for human expression and
interaction driven by unparalleled human mobility and developments in information and
communication technologies, which have increased the speed and amplified the volume of
such exchanges. At the same time, there has been a resurgence of old constraints along with
the emergence of new legal and extralegal limitations on freedom of expression wielded by
State and non-State actors. Those include a revival of anti-blasphemy and anti-apostasy laws,
the proliferation of, and increasing reliance on, public order laws to restrict the freedom to
express views deemed offensive to religious or belief communities, along with increasing
investments in strategies to combat incitement to discrimination, hostility or violence on the
basis of religion or belief.
4.
The importance of freedom of opinion and expression to self-development, the search
for truth, democratic legitimation and the protection of other human rights is self-evident.
Clearly, freedom of expression is also indispensable to the enjoyment of all other rights, such
as the right to remedy and redress and, by the same token, the ability to hold duty-bearers to
account. Its import to the enjoyment of freedom of religion or belief is no exception. Given
their mutually reinforcing nature, the fates of these two rights are entwined, such that the
violation of one is frequently tantamount to contrivance to undermine the other.
5.
The two rights, in many ways, speak to the multifaceted nature of human expression
as a vehicle for exploring opinion, articulating thought, searching for the truth and
manifesting one’s belief, either individually or in community with others, insomuch that the
legal framework for ensuring both freedoms recognizes both the non-derogable nature of
protections for the internal dimension of these rights (forum internum), and the limited need
for restricting certain instances of their public exercise for the sake of mitigating any negative
impact on other human rights, public safety and order.
6.
Moreover, a core aspect of freedom of religion or belief, namely the right to peaceful
manifestation, relies on the degree of protection afforded to freedom of expression in both
verbal and non-verbal form, facilitated through multiple media. Likewise, where there is no
respect for the freedom of thought and conscience, the same is likely to be true for the right
7.
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