A/HRC/16/53/Add.1
242. In her 2006 mission report, the Special Rapporteur on freedom of religion or belief
was “disturbed by provisions of the Law on Religious Unity, which criminalize any action
or form of expression intended to disrupt, jeopardize or disunite social and religious order
and harmony, and considers that the law has the potential to limit the manner in which
people choose to manifest their religion or belief. She considers that the law may fail to
satisfy the requirement that any limitations on the right to manifest one’s religion or belief
must be prescribed by law and must be necessary to protect public safety, order, health, or
morals or the fundamental rights and freedoms of others” (A/HRC/4/21/Add.3, para. 63).
243. In addition, the Special Rapporteur on the right to freedom of opinion and
expression also noted human rights concerns in his 2009 mission report to the Maldives:
“He further observed that people are prevented both by legislative provisions and through
social pressure from expressing their views about issues relevant to religion or belief and as
a result exercise self-censorship. The Special Rapporteur was informed of a recent case in
which a journalist had been threatened due to comments made about religious beliefs in the
country” (A/HRC/11/4/Add.3, para. 46).
244. Article 35 of the draft Regulations would make it “illegal to show or spread sound
bites of programs on religions other than Islam, and any such literature, drawings,
advertisements, music, and songs”, “to use any Internet website, blog, newspaper, or
magazine to publish such material” and “to depict advertisements and make announcements
in a way that affects Islamic way of life”. Such overbroad and vaguely worded restrictions
would not be in line with article 19 (3) of the International Covenant on Civil and Political
Rights, which requires that restrictions must be provided by law and must be necessary for
respect of the rights or reputations of others or for the protection of national security or of
public order (ordre public), or of public health or morals.
245. Against this background, the Special Rapporteur would urge the Maldives
Government to reconsider the draft Regulations, specifically taking into account the
international human rights standards on freedom of religion or belief and freedom of
opinion and expression. To this end, he calls upon the Maldives Government to allow for
further debate and revision of the draft Regulations due to concerns that their
implementation could have a significant negative impact on human rights in the country.
O.
1.
(a)
Nigeria
Communication sent on 22 January 2010 jointly with the Special Rapporteur on
extrajudicial, summary or arbitrary executions
Allegations transmitted to the Government
246. The Special Rapporteurs brought to the attention of the Government information
regarding violent clashes between mobs of Christians and Muslims in Jos, Plateau
State, on 17 January 2010, which reportedly resulted in the killing of at least 200 persons.
They also sought information on the outcome of efforts to hold accountable the perpetrators
of violence, particularly killings, during previous outbreaks of inter-communal violence in
Plateau State in 2001, 2004 and November 2008.
247. According to the information received with regard to the inter-communal violence in
January 2010, fighting broke out between Christian and Muslim youths in Jos on 17
January 2010. According to some reports, the violence was sparked by the construction of a
mosque in a predominantly Christian neighbourhood. The Police Commissioner declared
that the violence was triggered by the attack of Muslim youths on Christian worshippers,
while another official indicated that the violence had erupted at a football match. Gangs of
youths armed with guns, bows, arrows and machetes burned and looted houses, cars and
48