A/55/280/Add.2
of a fatwa declared by the imam of the mosque, who
accused him in respect of a second marriage, and
sentenced him to 101 lashes. As a result of the fatwa,
Noorjahan committed suicide. Following his death, and
as a result of action taken by non-governmental
organizations working on behalf of women and human
rights, the culprit was brought to justice. These fatwas,
which are entirely illegal, are especially serious
because as punishment the accused are often flogged,
stoned, or shunned by society. The fatwas thus
constitute attacks on the physical and moral integrity of
women. According to non-governmental sources, those
responsible for these fatwas are usually not pursued by
local officials responsible for enforcing the law. Fatwas
issued by non-State actors also represent a threat to the
Government’s efforts on behalf of women and to
women’s empowerment — notably in the area of
education.
84. The Special Rapporteur feels duty bound to note
that the local authorities sometimes convey a very
conservative, and sometimes obscurantist image of
women. One senior official stated quite frankly to the
Special Rapporteur that according to his interpretation
of Islam, women did not belong inside mosques, that a
man should not shake a woman’s hand, and that in
private life — including within the family — all
mixing of the sexes outside marriage should be avoided
(including mixing between fathers and daughters).
85. Furthermore, the experts noted that women from
minorities and ethnic communities were vulnerable to
violence from outside their communities. According to
these experts, Hindu, Buddhist, and Christian women
were obliged to endure a climate of insecurity, due to
an increased risk that they would be assaulted (notably
in the form of sexual harassment and rape). This
increased risk stemmed from the repercussions, within
Bangladesh, both of international events concerning
their community (for example, the anti-Hindu
attacks — which included a significant number of
rapes — during the Ayodhya episode in India), and/or
of the so-called honour question. With respect to the
latter question, it appears to be established and
common practice that attempts to subject, or commit
violations against minorities and ethnic communities
should take the form of threats, or actual assaults (in
this instance rape) on the honour of women, who
represent the honour of the whole community. This
occurs, for example, within the context of conflicts, for
the appropriation of property, etc. With regard to ethnic
populations, during his consultations in the Chittagong
Hill Tracts the Special Rapporteur was informed by
non-governmental representatives of numerous cases of
attacks against the physical and moral integrity of
women from ethnic populations, committed by the
armed forces and non-ethnic Muslim populations
during the period of armed conflict. With respect to the
period since the Peace Accord, emphasis was given to
the incident of October 1999, which was so traumatic
for the ethnic communities of the Chittagong Hill
Tracts (see para. 72).
86. In addition to the various factors described above
(traditions — notably religious traditions or those
attributed to religion; cultural social and religious
taboos), non-governmental representatives lamented
the fact that school textbooks did not convey a positive
image of women, despite the efforts of UNICEF, in
particular. Mention was also made of the especially
harmful role of Muslim extremists. Indeed, it was
considered that Muslim extremists profited from a
difficult socio-economic system, under which most
people sought refuge in religion, but were,
unfortunately, guided by religious officials who were
often incompetent, and/or close to extremists. It was
further pointed out that the absence of girls and women
as students and teachers within the madrasahs
conveyed a message that was unfavourable to women
and contrary to enlightened religious education.
VI. Conclusions and recommendations
87. In formulating the following conclusions and
recommendations concerning legislation, politics, and
the situation with regard to religion and belief, the
Special Rapporteur has paid particular attention to the
status of women.
88. With regard to legislation, the Special Rapporteur
considers that constitutional measures guarantee
freedom of religion and belief and their manifestations,
in accordance with relevant international law.
Furthermore, the Constitution guarantees the principle
of non-discrimination, especially with respect to
religion and gender. With regard to the constitutional
recognition of Islam as the State religion, the Special
Rapporteur would like to recall that, under
international law, a State, or official religion is not in
itself contrary to human rights. However, this fact —
which indeed is enshrined within the Bangladeshi
Constitution — must not be exploited at the expense of
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