Hans Thoolen on Human Rights Defenders and their awards

(Pussy Riot’s members with their distinctive coloured balaclavas)

The two remaining members of Russian punk band Pussy Riot, whose incarceration sparked a global outcry, have been released under an amnesty law, but Nadezhda Tolokonnikova and Maria Alyokhina dismissed the amnesty as a publicity stunt before the Sochi Winter Olympics in February.They both promised to continue their vocal opposition to the government. The women were jailed in August 2012 after performing a protest song in Moscow’s main cathedral. Alyokhina’s first words and actions after being freed serve as a sign that this fight is likely to go on. The case divided Russia with many feeling the women were being too harshly treated and made examples of as part of attempts to clamp down on opposition to the government. But others felt their actions were a gross offence to the Orthodox faith. The act was seen as blasphemous by many others e.g. in Greece here and was condemned by several Orthodox Churches. However, their conviction for “hooliganism motivated by religious hatred” was criticised by rights groups [AI declared them prisoners of conscience], celebrities [such as Sting, the Red Hot Chilli Peppers, Madonna and Yoko Ono ], anti-Putin activists and foreign governments.

This should make us look again a the issue of blasphemy in general. The crime of criticizing a religion is not always called blasphemy; sometimes it is categorized as hate speech (even when it falls well below any sensible standard of actually inciting hatred or violence) because it supposedly insults the followers of a religion. These crimes—of expressing ‘blasphemy’ or offending religious feelings—are still a crime in 55 countries, can mean prison in 39 of those countries, and are punishable by death in six countries.

Recently, Ireland and the Netherlands started the process of removing some or part of their blasphemy laws. The arguments in these debates have universal validity.

Human Rights First and other NGOs have reported on human rights abuses caused by the use of blasphemy laws around the world.  These laws are often vague and can be subject to abuse, either by the authorities or citizens who can accuse a fellow citizen of blasphemy with a personal complaint to the prosecutor. The concept is inconsistent with universal human rights standards, which protect the rights of individuals rather than abstract ideas or religions. Those accused of blasphemy are frequently threatened or attacked even before any investigation. People take to the streets and violence stoked by religious extremists ensues. Blasphemy laws have been used to justify violence and oppression against minorities. Blasphemy laws enable governments to restrict freedom of expression, thought, and religion. Application of the laws can result in devastating consequences for religious minorities. This has been the case for Christians in Pakistan and Egypt, Ahmadi followers in Indonesia, and non-believers in Turkey and Saudi Arabia. In many instances, officials fail to condemn abuses or to hold the perpetrators of violence accountable. And the police often fail to stop violence against religious minorities or to protect those endangered on account of such laws.

In the past few years, several bodies of the United Nations have examined the relationship between freedom of expression and hate speech, especially in relation to religious issues. After extensive consultation with governments and civil society, the Rabat Plan of Action was published by the United Nations Office of the High Commissioner for Human Rights in October 2012. This document outlines how blasphemy laws are problematic.  Since 2011, a new process dubbed the Istanbul Process was launched as a result of resolutions adopted at the Human Rights Council and the General Assembly. The idea is to combat religious intolerance without restricting freedom of speech but whether that is possible is a big question.

Lessons of the Debate Over Ireland’s Blasphemy Law | Human Rights First

http://www.humanrightsfirst.org/wp-content/uploads/Blasphemy_Cases.pdf.

http://www.secularism.org.uk/news/2013/12/netherlands-scraps-blasphemy-law–but-seeks-a-way-to-replace-it

BBC News – Pussy Riot: Russia frees jailed punk band members.