A/HRC/40/58
to freedom of opinion and expression. Thus, rather than viewing these two rights as
competing, they must be viewed as mutually reinforcing and existing within a framework of
human rights that are universal, inalienable, indivisible, interdependent and interrelated.
Notwithstanding the close relationship between these two rights, former Special
Rapporteur Heiner Bielefeldt, in his report to the Human Rights Council at its thirty-first
session, noted the salience of antagonistic misconstructions regarding these two rights,
including the view that the relationship between freedom of religion or belief and freedom of
expression is incongruous and irreconcilable. He posited that the prevalence of this view may
be engendered by the notion that “expression facilitates frank and open discussions, including
satirical provocation and caricatures that may be offensive to some” while “freedom of
religion or belief, by contrast, would more likely be invoked against excessive provocation
relating to religious issues” (A/HRC/31/18, para. 5). Such views about the competing nature
of the two rights frequently arise in policy debates about how to respond to challenges posed
by increasing interconnectedness and demographic change. This is particularly true where
new religious or belief communities emerge, which may adhere to views about the role of
religion or belief in public life that depart from those prevailing elsewhere.
8.
The fatwa issued in 1989 against Salman Rushdie for his novel The Satanic Verses,
deemed blasphemous by many Muslims , and the Charlie Hebdo publications that resulted
in heinous attacks on the publisher’s offices, are among several examples that are often
referenced as proof that a competitive relationship exists. Like many incidents before and
after it, the Rushdie affair1 gave rise to a ripple of protests, hostility and violence against
writers, publishers, artists and their advocates, including several instances where violence in
the name of religion or belief was perpetuated or organized in one part of the world to send
messages to another, further recalling how interconnected the world has become. Such events
have contributed to a series of debates, some unconstructive, about the need for rules that are
in step with the times to promote respect for inviolable rights amid newly emerging and everchanging social dynamics.
9.
For many, equating an affront to religious sensibilities to a criminal offence stands in
stark contrast to the fundamental role of freedom of expression, which can be limited only in
exceptional circumstances regardless of its potential to offend, shock or disturb. Thus, the
response of some States has been to eliminate restrictions on the expression of views relating
to religion or belief, in particular anti-blasphemy laws. However, others stress that some
views can be so egregiously offensive or hateful that they should not be protected. In that
vein, some States have been inclined to enact laws that protect religious sensibilities or
criminalize “hate speech”. The impact that such steps have had on freedom of religion or
belief is manifold.
10.
Approximately 58 per cent of the 665 communications transmitted by special
rapporteurs on freedom of religion or belief to States Members of the United Nations since
2004 addressed the freedoms of expression, conscience, and religion or belief. The Special
Rapporteur wishes to raise concern about the many reports he has received detailing
surveillance, intimidation, harassment, prosecution, threats of bodily harm, torture or murder
following acts that had exceeded the limits imposed by law or social convention on peaceful
manifestations of thoughts, conscience, and religion or belief, and/or that had offended the
sensitivities of others by denigrating what they held sacred.
11.
Given the limitations of the system of communications under the special procedures
of the Human Rights Council, this information merely serves as an indicator of the extent of
the problem. The number of communications sent out under that system depends on access
to reliable information, the consent of the alleged victims, the capacity to process information
in a timely manner, the availability of alternative options and other factors. Nevertheless, the
Special Rapporteur notes that available data highlight the inextricable relationship that exists
between the degree of protection afforded to the freedom of expression and the extent to
which freedom of religion or belief is respected and enjoyed. This information demonstrates
the extent to which States misconstrue the grounds for imposing the limitations provided for
12.
1
See references by previous mandate holders in E/CN.4/1993/62, para. 79; E/CN.4/2002/73, paras. 100
and 101; and A/HRC/7/10/Add.3, para. 49.
3