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motivated by intolerance based on religion or belief, as well as incitement to hostility or
violence, with particular regard to members of religious minorities in all parts of the world. In
addition, article 2 of General Assembly resolution 47/135 states that “persons belonging to
national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging
to minorities) have the right to enjoy their own culture, to profess and practise their own religion,
and to use their own language, in private and in public, freely and without interference or any
form of discrimination.”
188. The Special Rapporteur would also like to refer to article 4 of the Declaration on the
Elimination of All Forms of Intolerance and Discrimination, which stipulates that “all States
shall take effective measures to prevent and eliminate discrimination on the grounds of religion
or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms
in all fields of civil, economic, political, social and cultural life”. The issue of discrimination
based on religion or belief and its impact on the enjoyment of economic, social and cultural
rights has most recently been addressed by the Special Rapporteur in her report to the
tenth session of the Human Rights Council (see A/HRC/10/8, paras. 29-62).
Sudan
Communication sent on 5 December 2007 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
189. The Special Rapporteurs brought to the attention of the Government information they had
regarding Ms. Gillian Gibbons, a 54 years old English teacher from Liverpool, living in Sudan.
On 25 November 2007, Ms. Gibbons was reportedly arrested at her home in Khartoum, where
she teaches at a British International School. A court in Khartoum on 29 November 2007 found
her guilty of “insulting the faith of Muslims” and sentenced her to 15 days in prison to be
followed by deportation. Prosecutors had called for her conviction on charges of inciting
religious hatred, which carries a punishment of up to 40 lashes, six months in prison and a fine.
Allegedly, in September 2007, Ms. Gibbons had asked her pupils to vote a name for a teddy bear
as part of the class’s study of animals and they named it “Muhammad”. Subsequently an office
assistant complained to the Ministry of Education and Ms. Gibbons was accused of blasphemy
for allowing her pupils to name a teddy bear with the Prophet’s name.
190. On 30 November 2007, thousands of protesters demonstrated in Khartoum, claiming that
the 15-day prison sentence was too lenient. Since protesters have reportedly called for the
execution of Ms. Gibbons, serious concern is expressed at her safety. Further reports indicate
that Ms. Gibbons has been given a presidential pardon on 3 December 2007.
Observations
191. The Special Rapporteur regrets that she has not received a reply from the Government of
Sudan concerning the above mentioned allegations. She would like to refer to her report to the
62nd session of the General Assembly (A/62/280), which raises the issue of blasphemy laws. In
paragraph 75, the Special Rapporteur notices that there are worrying trends towards applying
blasphemy laws in a discriminatory manner and that they often disproportionately punish
members of religious minorities, dissenting believers and non-theists or atheists. She reiterates in
paragraph 77 that criminalizing “defamation of religions” can be counterproductive, since it may
create an atmosphere of intolerance and fear and may even increase the chances of a backlash.