International Human Rights Day 2020 is coming up and here is an early save the date for the Humanists International.
Since 2012 Humanists International has published the Freedom of Thought Report to monitor the rights and treatment of humanists, atheists and non-religious people in every country in the world. This year, the thematic focus of the Report is COVID-19, and its impact on the non-religious people globally. In particular we have seen the establishment of restrictions on:
– Women’s rights – Media freedom, protest and access to information – Individuals at risk
Here is the list of the event speakers:- Andrew Copson President of Humanists International
– Dr Ahmed Shaheed UN Special Rapporteur on Freedom of Religion or Belief
– Emma Wadsworth-Jones Humanists International’s Casework & Campaigns Manager
– Mohamed Cheikh Ould Mkhaitir Mauritanian blogger and anti-slavery activist
– Debbie Goddard, Vice-President of American Atheists
– Rev. Fred Davie, Commissioner of The United States Commission on International Religious Freedom
Unfounded charges of “offending religious beliefs” are being brought against three women human rights defenders in Poland for simply exercising their right to freedom of expression, a coalition of six nongovernmental groups said. The first hearing in their case is scheduled for November 4, 2020, in the town of Plock.
The Prosecutor General should drop the charges – and ensure that the three women can carry out their human rights work without harassment and reprisals by the authorities. The Polish authorities should amend their legislation in line with international and regional human rights standards and abstain from using it against activists to unduly curtail their right to freedom of expression.
The three human rights defenders, Elżbieta, Anna and Joanna – whose surnames are not being used to protect their privacy – are facing trial for “offending religious beliefs” under Article 196 of the Criminal Code (C.C.) in relation to the use of posters depicting the Virgin Mary with a rainbow halo symbolic of the LGBTI flag around her head and shoulders. The authorities are alleging that the three activists pasted the posters on 29 April 2019 in public places such as on portable toilets, dustbins, transformers, road signs, building walls in public areas in the city of Plock and have “publicly insulted an object of religious worship in the form of this image which offended the religious feelings of others”. They now face up to two years in prison if found guilty for their peaceful activism.
The authorities arrested and detained Elżbieta in 2019 after she took a trip abroad with Amnesty International. The authorities opened an initial investigation against her in May 2019 and in July 2020, they officially charged the three activists.
Having, creating or distributing posters such as the ones depicting the Virgin Mary with a rainbow halo should not be a criminal offence and is protected under the right to freedom of expression.
In its current formulation, Article 196 of the Criminal Code imposes undue restrictions on the right to freedom of expression by providing overly broad discretion to the authorities to prosecute and criminalise individuals for expression that must be protected. This is incompatible with Poland’s international and regional human rights obligations.
Poland is bound by the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights as well as the Charter of Fundamental Rights of the EU to respect, protect and fulfil the right to freedom of expression.
Furthermore, in 2013, the Special Rapporteur in the field of cultural rights noted that “Restrictions on artistic freedoms based on insulting religious feelings… are incompatible with [ICCPR]”. In 2019, this was again highlighted by the Special Rapporteur on freedom of opinion and expression who stressed that criminalising expression that insults religious feeling limits “debate over religious ideas and… such laws [enable] governments to show preference for the ideas of one religion over those of other religions, beliefs or non-belief systems”. Freemuse is particularly concerned about the policing of artistic and creative content by the authorities in Poland and regard it as an unlawful attack on freedom of artistic expression.
Amnesty International has previously called on the Polish authorities to repeal or amend legal provisions, such as Article 196 of the Criminal Code, that criminalises statements protected by the right to freedom of expression, for example in the report ‘Targeted by hate, Forgotten by Law: Lack of a coherent response to hate crimes in Poland’. Many other national and international human rights organisations have criticised provisions of the Polish Criminal Code, including Article 196, as problematic because they constitute restrictions on the right to freedom of expression not permissible under international human rights law.
International human rights law permits states to impose certain restrictions on the exercise of the right to freedom of expression only if such restrictions are provided by law and are demonstrably necessary and proportionate for the protection of certain specified public interests (national security, public order, protection of health or morals) or for the protection of the rights of others (including the right to protection against discrimination). When restricting the right to freedom of expression to protect public order or morals, the Human Rights Committee, which interprets the ICCPR, observed that states must not base their restrictions on principles deriving “exclusively from a single tradition” e.g. Christianity. States may impose certain restrictions on certain forms of expression if they can demonstrate that such restrictions are necessary and proportionate to the specified purpose (that is, the measure is designed to be effective in achieving its goal, lesser measures do not suffice and without putting in jeopardy the right itself). The current formulation of Article 196 of the C.C. does not appear to pass the test of proportionality and necessity. ..
The organisations recall that everyone has a right to express themselves safely and without fear of reprisals, and that the right to freedom of expression is protected, even if some people might find the expression to be deeply offensive (Human Rights Committee, General Comment 34 on Freedom of Expression, para. 11). In the words of the European Court of Human Rights the right to freedom of expression “is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference but also to those that offend, shock or disturb the state or any sector of the population”.
Elżbieta, Anna and Joanna now face up to two years in prison if found guilty under the unfounded charges brought against them. The case against them is not unique but an example of the repeated harassment activists and human rights defenders face simply for carrying out peaceful activism in Poland, which Polish and international human rights organisations have documented and denounced at length in the last several years.
Elżbieta, Anna and Joanna stood against hate and discrimination and for years they have been fighting for a just and equal Poland. They deserve to be praised and not taken to court for their activism.
At the time of her arrest in May 2019, she had just returned from a trip to Belgium and the Netherlands with Amnesty International, where she participated in several events and advocacy meetings with activists and supporters to raise awareness about the situations of peaceful protesters and the crackdown they are facing in Poland.
Rabbi Moshe David Hacohen and Imam Salahuddin Barakat from Amanah are awarded Malmo’s City Prize on December 19, 2019. (photo credit: MUBARIK ABDIRAHMAN)
The Swedish city of Malmö has bestowed its Human Rights Award on a rabbi and an imam who have been working together to bridge the gap between the city’s large Muslim population, the Jewish community and the general society. Rosella Tercatin reports on 25 December in the Jerusalem Post that Rabbi Moshe David Hacohen and Imam Salahuddin Barakat established Amanah (“The Jewish-Muslim Faith and Trust Project”) in 2017. Since then, they have been working together relentlessly organizing joint projects as well as touring Malmö’s schools and addressing the students.
Malmö, where about a third of the 300,000 residents is Muslim, is considered one of the most problematic cities in Europe for lack of integration. About 1,200 Jews live in the city. Working against discrimination and racism, specifically antisemitism and Islamophobia, is one of the organization goals. The rabbi and the imam were awarded the prize, that entails funding $5,300 by the mayor of Malmö Katrin Jammeh Stjernfeldt in a ceremony that took place on Thursday 19 December.
On the occasion of first International Day Commemorating the Victims of Acts of Violence Based on Religion or Belief – 22 August – a large group of UN independent experts (see names below) issued a statement saying that States have an important role to play in promoting religious tolerance and cultural diversity by promoting and protecting human rights, including freedom of religion or belief. The experts urged States to step up their efforts to combat intolerance, discrimination and violence against people based on religion or belief, including against members of religious minorities and people who are not religious.
Any distinction, exclusion, restriction or preference based on religion or belief which has the effect of nullifying or impairing the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis would amount to religious intolerance and discrimination. This was made clear in the 1981 General Assembly Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
We have observed violence in the name of religion around the world perpetrated by States and non-state groups leading to discrimination, persecution, arbitrary arrests or detention, enforced disappearances, sexual violence and killings of many people based on their religion or belief. Victims have included religious minorities, individuals who are not religious, LGBTI persons, children and women who face many forms of discrimination and gender-based violence. Such violence threatens the hard-fought progress in securing women’s equality and the rights of LGBTI persons.
“We stress that religion or belief should never be used to justify discrimination. When faced with religious persecution or discrimination, victims are often also deprived of their right to participate fully in political, economic and cultural life, as well as their rights to education and to health. This can include the desecration and destruction of numerous cultural heritage sites of rich historic and religious value, such as places of worship and cemeteries.
As populism has become a trend in the political and social arena, it has fostered many forms of hatred against those who are viewed as foreign or simply different. Often, States and religious institutions resort to the instrumentalisation of religions or beliefs in order to retain their influence or control and achieve other political agendas. Fundamentalism is on the rise across the world’s major religious traditions, posing a threat to many human rights. Moreover, critical views of religions or beliefs are sometimes mischaracterised as ‘hate speech’ or labelled an offence to the religious feelings of others both by governments and non-state groups. Too often this is used as a pretext to silence those with critical voices and punish others for not believing.
The right to freedom of thought, conscience, and religion or belief is misunderstood as protecting religions and beliefs instead of the people with the beliefs and those without. It is incumbent on States to ensure that religions or beliefs are not used to violate human rights, and to combat religious extremism – which are a threat to many human rights, while adhering to international norms.
States have resorted to the securitisation of religion or belief, or viewing them through a lens of national security, in their fight against violent extremism. But an overly securitised approach has proven to be counterproductive and has led to xenophobia, increasing ‘religious profiling’ and discrimination, particularly towards religious minorities….
We urge States and all individuals and groups to work together to enhance the implementation of international human rights standards that protect individuals against discrimination and hate crimes, and to increase interreligious, interfaith and intercultural initiatives, and expand human rights education in an inclusive manner as a key catalyst for change.”
German-born Jesuit Father Franz Magnis Suseno has become an Indonesian citizen and an outspoken champion of democracy and interfaith dialogue in Indonesia. (Photo by Siktus Harson/ucanews.com)
Ryan Dagur painted on 15 April 2019 (in UCA News) a portrait of a remarkable man, the Jesuit priest Franz Magnis Suseno,doesn’t mince his words when promoting democracy and dialogue in Indonesia. “An adopted son’s passion for Indonesian pluralism”
Not so long ago, Jesuit priest Father Franz Magnis Suseno ..ruffled a few feathers by.. calling people who are threatening to boycott the polls fools, parasites, and psycho freaks.His scathing comments came in an article about the upcoming Indonesian presidential and legislative elections published by Kompas, the country’s bestselling newspaper.Many criticized him for the remarks, some even sent him letters of protest, but many also supported him. The German-born priest, a professor at the Driyarkara School of Philosophy, has apologized for his choice of words but argued the article was a call for all citizens to care for democracy and prevent the worst individuals from being elected to office.
…..The 82-year-old, born into a noble family and who was once called Count von Magnis, is now widely known as a philosopher, human rights defender, and culturalist, with his main area of expertise being Javanese culture. He has written 41 books on philosophy, political ethics, and Christianity, as well as made countless television appearances.During his time in the country, Father Magnis has witnessed a major shift in Indonesia’s political climate from a 32-year dictatorship under Suharto to the reform era that began in 1998 when the tap of democracy was opened.“It’s my moral obligation to speak up when democracy is threatened,” he said.He says he is optimistic that Indonesia will remain a leading democracy in Southeast Asia, but admitted various threats do concern him, especially what he calls the politicization of religion by hard-line Muslims. “Indonesia will only fall to another authoritarian regime if people continue to use religion in politics,” he said. He said it is dangerous because, for many people, religion is more important than democracy.
…. Father Magnis has built close friendships with several respected Muslim leaders, including the late Abdurahman Wahid, a highly respected figure, and Indonesia’s fourth president, as well as Nurcholish Majid, an avid defender of pluralism in Indonesia. Holding dialogue with extreme elements is also important, he said, especially when conflict occurs.He has met the now exiled Islamic Defenders Front chief, Muhammad Rizieq Shihab, several times when his organization sought to impose its own ban on worshiping activities in a number of churches in Jakarta. In 2011, Father Magnis met Shihab, to discuss the issue of an American pastor burning a Quran in Florida, which angered Muslims all over the world. Following the discussions, Shihab told his angry followers not to take out their anger on Indonesian Christians. In building a relationship with believers of other faiths, it is important for Christians to be humble and sensible and to avoid belittling acts or gestures. “It’s better to be low profile, rather than something fancy,” he said, adding that this philosophy should be especially applied in poor areas. This was why he called the erection of a 46-meter-high Marian statue in Ambarawa, Central Java in 2015, “inappropriate.” ..
Father Magnis is also critical of Christians who measure the success of their work by the number of people they attract to Christianity because it leads to aggressive Christianization. “Our mission is to bring the goodness of Christ into our society and let people decide whether to join us,” he said.He said Indonesia will remain an Islamic country, and what Christians can do is to help them build a better democratic system, where freedom of religion is upheld and interfaith relations are well established. Father Antonius Benny Sustyo, an outspoken activist priest, said Father Magnis’ openness and willingness to communicate with others are among his finest characteristics. “..Achmad Nurcholish, a Muslim activist said Father Magnis had contributed a lot to the progress of humanity in Indonesia, especially through his writings that have an enriched perspective.
Father Magnis’ endeavors have been duly recognized and have earned him a number of awards.In 2015, he received an award from Indonesian President Joko Widodo for his dedication to education and culture. A year later, in 2016, he won the Matteo Ricci International Prize for his commitment to promoting interreligious dialogue from the Catholic University of the Sacred Heart in Milan. However, the one that gives him the most pleasure is a so-called “Mud Award”, bestowed on him by communities in East Java whose land and homes were buried by mud caused by the activities of a company belonging to Aburizal Bakrie, a businessman cum politician. It was given in 2007 after the priest refused to accept a Bakrie Award — handed out by Aburizal Bakrie’s family — to show solidarity with people affected by the mud disaster. “I was very happy with that award. I’ll always treasure it,” he said.
Nothing new but it being a Sunday here in Crete, where lots of people go to church, one is struck by the continuing religious intolerance in certain parts of the world. Here two short items relating to Pakistan, both from March 2019:
reports that on 6 March 2019 human rights defender Afzal Kohistaniwas shot dead by unidentified gunmen in Gami Ada, in Khyber Pakhtunkhwa Province. Afzal Kohistani was a human rights defender who had been campaigning against “honour killings”, or choar, in the Kohistan region of Pakistan. He had been the central figure seeking justice for the killing of five young women and three young men in 2012 and 2013.
The 2012 and 2013 “honour killings” were linked to a video, which went viral after it appeared online in 2012. It showed five young women singing and clapping, while two young men performed a traditional dance during a local wedding in Palas, a remote area in Kohistan. The mixing of genders is considered a serious violation of tribal norms in Kohistan and the young people were killed as a result of the “dishonour” they had brought on their families and community…..Prior to his death, Afzal Kohistani had received numerous death threats for seeking to bring the perpetrators of the Kohistan killings to justice. The human rights defender and his family were forced to leave their home in 2012 and had been in hiding for the past seven years. A few days prior to being killed, the human rights defender had written to the Deputy Inspector General of Police (DIG) in Hazara seeking police protection but his request never received a response. The Supreme Court’s orders for the provincial government to provide the human rights defender with protection were also not heeded. (for more detail see the link below).[ One of my first posts in 2013 concerned https://humanrightsdefenders.blog/2013/09/28/pakistan-and-rights-of-women-unbearable/]
———
A story in the Business Standard of 17 March refers to the a protest rally in Geneva by Pakistani Christians living in parts of Europe objecting to “Islamists misusing blasphemy law to harass Christians in Pakistan”. The protesters walked from Palais Wilson, to ‘Broken Chair’ in front of the UN, during the 40th session of the UN Human Rights Council.
They demanded that the Pakistan government must abolish the ‘dangerous’ law misused by the state and non-state actors to target the minorities. Frank John, Chairman of Drumchapel Asian Forum in Glasgow, said: “We are unhappy with the functioning of the government in Pakistan because the mindset of ‘maulvis’ (Islamic hardliners) towards Christians is immoral. Every day, atrocities are being committed against our children, especially girls, which is not acceptable. Our girls are being kidnapped by misusing PPC 295C and they are converted into Islam.” He added: “.. If we have an altercation with any person, they put us under PPC 295C. This is a dangerous law and needs to be abolished.”
Dr Mario Silva, Executive Chairman of International Forum for Rights and Security said: “Pakistan systematically discriminates against minorities. Christians are particularly targetted by the blasphemy law. Christian persecution is a real threat to democracy and it’s a real threat to human rights. It’s something the world community needs to take a look at. He added, “The state has a responsibility to protect its minorities rather destroying them. They have to go against the perpetrators of crimes against Christians. There are attacks on Christians, suicide bombings are taking place and the government is doing nothing to investigate the persecution of Christians in the country.” Criticising the blasphemy law, he said: “Blasphemy law should in fact never be a part of any democratic system of government because blasphemy law is meant to target minorities…..” [see also: https://humanrightsdefenders.blog/2013/12/24/pussy-riot-freed-in-russia-but-the-bigger-issue-is-blasphemy-laws-everywhere/]
Christians make up less than two per cent of the population in Pakistan. Their numbers are decreasing as many of them are migrating to other countries for their safety.
In a blog post in Foreign Policy of 28 February JACOB MCHANGAMA (Executive director of Justitia, a Copenhagen based think tank) tackles the thorny issue of hate speech versus freedom of speech: “The U.N. Hates Hate Speech More Than It Loves Free Speech – The U.N. Secretary General is going soft on one of the most fundamental human rights“. It is an excellent read! Read the rest of this entry »
Pope Francis is on a visit to the United Arab Emirates. Although the country is considered relatively religiously tolerant for the region, Human Rights Watch’s Wenzel Michalski says it harshly cracks down on dissent. (Deutsche Welle interview)
DW: Pope Francis is on a trip to a country that has earned the reputation as a relatively tolerant state, especially in regard to religion. The claims are that different religions get along well with each other and that the coexistence of ethnic groups is peaceful. One could think that all sounds progressive.
Human Rights Watch is also critical of a law passed in 2014 that gives the state legal grounds to take action against critics and dissidents.
Wenzel Michalski is the director of Human Rights Watch in Germany
Yes, the state’s fear of criticism must be extreme so that anyone who dares to criticize the political situation or human rights in the country can be now defamed as a “terrorist” and therefore can face correspondingly harsh punishments.
It seems more and more that countries in the region have deliberately blurred laws on the basis of which dissidents can be defamed as “terrorists.”
Unfortunately, this is a trend in many countries in the Middle East, but also increasingly in Southeast Asia, Russia and, of course, China, where nearly identical laws and regulations are used to nip any criticism in the bud.…..