A/HRC/7/10/Add.1
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list of the banned publications. In essence, these publications contain one or more of the
following elements:
a)
Theories, ideologies, statements or opinions with the purpose to influence readers on their
aqidah (faith), laws and teachings which contradict with the Ahl Sunnah Wal-Jamaah, observed
by Muslims in Malaysia;
b)
Caricatures or illustrations of Prophets, the Four Caliphs and Angels, which are forbidden
in Islam;
c)
Articles and alleged facts which conflict with the historical facts of Islam and its Ummah,
as agreed by Islamic historians;
d)
Elements of Isra’iliyat – tales with ludicrous cultures, which are forbidden in Islam;
e)
Quranic writings in languages other than Arabic, which may lead to different
interpretations of their true meaning.
172. The Government stated that publications which are in conflict with the true teachings of
Islam, if it is made available to the public without a certain amount of regulation, would create
confusion and misunderstanding about the religion. This could lead to the establishment of
deviant movements, which in turn could cause apprehension, stir strong emotional reactions and
create a detrimental environment within a plural society. The provisions contained in relevant
domestic legislation seek to ensure that Malaysia’s multi-ethnic and multi-religious society
continues to grow and thrive without unnecessary friction caused by virtue of insensitive and
irresponsible publications. The Government maintained that the action it has taken in this matter
is in full compliance with the provisions of relevant domestic legislation and in keeping with the
provisions of the Universal Declaration of Human Rights.
Observations
173. The Special Rapporteur is grateful for the Government’s response. She would like to
reiterate that all human rights are universal, indivisible and interdependent and interrelated. The
Special Rapporteur on freedom of religion or belief, the Special Rapporteur for the promotion
and protection of the right to freedom of opinion and expression as well as the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance issued a joint press release on 8 February 2006. The three mandate holders recalled
that religion or belief, for anyone who professes either, is one of the fundamental elements in his
or her conception of life and that freedom of religion or belief is protected as one of the essential
rights by article 18 of ICCPR. They also recalled that respect for the right to freedom of
expression, as articulated in article 19 of ICCPR, constitutes a pillar of democracy and reflects a
country’s standard of justice and fairness. Peaceful expression of opinions and ideas, either orally,
through the press or other media, should always be tolerated. The press must enjoy large editorial
freedom to promote a free flow of news and information, within and across national borders, thus
providing an arena for debate and dialogue. Nevertheless, the use of stereotypes and labelling that
insult deep-rooted religious feelings do not contribute to the creation of an environment
conducive to constructive and peaceful dialogue among different communities.