US report names 'worst' violators of religious freedom

An arm of the US government named 15 nations as the “worst violators of religious freedom”.

The Commission on International Religious Freedom (USCIRF), an independent advisory body created by the International Religious Freedom Act to monitor religious freedom abuses internationally, released its 2013 report, which idenitifes “governments that are the most egregious violators.”

The 15 countries are Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Uzbekistan, Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan and Vietnam, all of which severely restrict independent religious activity and harass individuals and groups for religious activity or beliefs. These nations are classified as Tier 1 “countries of particular concern” (CPCs) in the report.

Despite its recent opening and political reforms, change in Burma have “yet to significantly improve the situation for freedom of religion and belief.” The report states that most violations occurred against minority Christian and Muslim adherents. China’s government is also cited for its ongoing severe abuses against its citizens’ freedom of thought.

The report said that Egypt’s transitional and elected governments have made progress toward religious freedom, it further highlighted the attacks that Coptic Christians have sustained in the period after the Arab Spring that brought down the Mubarak regime. “In many cases, the government failed or was slow to protect religious minorities from violence.”

The former Soviet states of Tajikistan, Turkmenistan and Uzbekistan were included for pursuing state control over religion, targeting Muslims and minorities alike. Iraq was cited for, among other things, tolerating “violent religiously motivated attacks” and Iran for “prolonged detention, torture, and executions based primarily or entirely on the religion of the accused.”

Saudi Arabia continues to suppress religious practices outside of the officially-sanctioned Wahhabi interpretation of Islam, interferes with the faith of guest workers and prosecutes individuals for “apostasy, blasphemy and sorcery”, according to the report. Pakistan has a strict blasphemy law and failure to prosecute acts of religious violence, the report said.

The situation in Sudan has deteriorated since South Sudan gained its independence. Criminalization of apostasy, the imposition of the government’s strict interpretation of Shari’ah on both Muslims and non-Muslims and attacks against Christians, were cited in the report for the decline.

The report also identified Nigeria for continuing religious violence between Muslims and Christians compounded by the government’s toleration of the sectarian attacks. North Korea’s totalitarian regime was also included for its ongoing harassment and torture of citizens based on religious beliefs.

A second tier includes Afghanistan, Azerbaijan, Cuba, India, Indonesia, Kazakhstan, Laos and Russia, where abuses of religious freedom are tolerated by the government and meet the threshold for CPC designation by the US Department of State, but don’t meet all of the standards for “systemic, ongoing, egregious” measurements.

Other countries regions being monitored included Bahrain, Bangladesh, Belarus, Ethiopia, Turkey, Venezuela and Western Europe.

Religion and free speech: it’s complicated

[vc_row][vc_column][vc_column_text]While they exist harmoniously on paper, free expression and religion often conflict in practice, and free speech is often trampled in the name of protecting religious sensibilities — whether through self-censorship or legislation that censors.

History offers many examples of religious freedom being repressed too. Both free expression and religious freedom need protection from those who would meddle with them. And they are not necessarily incompatible.

Over 200 years ago, the United States’ founding fathers grouped together freedom of worship and freedom of speech. The US Constitution’s First Amendment, adopted in 1791, made sure that the Congress couldn’t pass laws establishing religions or prohibiting their free exercise, or abridging freedom of speech, press and assembly.

More recently, both religion and free expression were offered protection by The United Nations Declaration of Human Rights (UNDHR) drafted in 1949. It outlines the ways in which both free expression and religious freedom should be protected in Articles 18 and 19. Article 18 protects an individual’s right to “freedom of thought, conscience, and religion” and the freedom to change religion or beliefs. Article 19 states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

Why is it, then, that for centuries — from the Spanish Inquisition to the Satanic Verses — free speech and religion have been cast as opponents? Index on Censorship has explored, and will continue to explore, this crucial question.

Offence

Muslims gathered in Malaysia's capital to protest against the controversial Innocence of Muslims film

Muslims gathered in Malaysia’s capital to protest against the controversial Innocence of Muslims film (Demotix)

Sporadically explosive conflicts arrise when words or images offensive to believers spark a violent response, the most recent example being the reaction to the controversial Innocence of Muslims film. Index has stated before that the majority of states restrain by law distinct and direct incitements to violence; however, causing offence doesn’t constitute an incitement to violence, much less a good excuse to react with violence. Yet violent protests sparked by the YouTube film led many countries to push for the video to be taken down. As the controversy unfolded, digital platforms took centre stage in an age-old debate on where the line is drawn on free speech.

The kind of connectivity provided by the web means a video uploaded in California can lead to riots in Cairo. Real-time transmission, real-time unrest. It presents a serious challenge for hosts of user-generated content like YouTube and Facebook.

Before the web, British-Indian writer Salman Rushdie’s “blasphemous” 1988 novel — The Satanic Verses — sparked protests and earned its author a death sentence from Iran’s Ayatollah Khomeini, who called upon Muslims to assassinate the novelist, his publishers, and anyone else associated with the book. The Japanese translator of the Satanic Verses was killed, and Rushdie’s Norwegian publisher was shot and wounded, leading some to think twice about publishing works potentially “offensive to Islam”.

These fears were renewed after the 2005 decision of Danish newspaper Jyllands Posten to publish caricatures of the Prophet Muhammad, which were protested about in riots worldwide, largely initiated as a result of agitation by Danish clerics.

The Jewel of Medina, a historical novel about the life of Muhammad’s wife Aisha was due to be published by Random House in the US in 2008, but it was pulled when an academic warned the publishers of a possible violent backlash to the novel. After the UK-based publisher Gibson Square decided to take on the novel, Islamic extremists attempted to firebomb the home of the company’s chief executive. More recently, ex-Muslim and author of The Young Atheist’s Handbook Alom Shaha wrote that initially, staff at Biteback publishing had reservations about releasing his book in the UK. Upon being presented with the book, one staff member’s reaction was, “we can’t publish this, we’ll get firebombed”.

Article continues below[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”Join the Index mailing list and get an exclusive gift” font_container=”tag:p|font_size:28|text_align:left” use_theme_fonts=”yes”][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_column_text]

summer magazine 2016

Index on Censorship’s summer magazine 2016

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You’ll also get access to an exclusive collection of articles from our landmark 250th issue of Index on Censorship magazine exploring journalists under fire and under pressure. Your downloadable PDF will include reports from Lindsey Hilsum, Laura Silvia Battaglia and Hazza Al-Adnan.[/vc_column_text][/vc_column][vc_column width=”1/2″][gravityform id=”20″ title=”false” description=”false” ajax=”false”][/vc_column][/vc_row][vc_row][vc_column][vc_separator color=”black”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Protecting religious sensitivities at price of free expression

Many countries have legislation designed to quell religious tensions and any ensuing violence.

India, for example, has a Penal Code with provisions to protect “religious feelings”, making “acts” or “words” that could disturb religious sensitivities punishable by law. However, while such laws exist to address prevent sectarian violence their vagueness means that they can also be used by groups to shut down free expression. This opens up a question, which is when do states have the right to censor for public order reasons even if the actual piece of writing, art or public display is not a direct incitement to violence.

Indian artist and Index award winner was forced to leave his native India in the 1990s after being threatened for his work

Indian artist and Index award winner was forced to leave his native India in the 1990s after being threatened for his work

In the 1990s, Indian artist and Index award winner MF Husain was the subject of a violent intimidation campaign after painting Hindu gods and goddesses naked. He received death threats and had his work vandalised. Hundreds of complaints were brought against the artist, leading to his prosecution under sections 295 and 153A of India’s Penal Code, which outlaw insulting religions, as well as promoting animosity between religious groups. Locally these laws are justified as an effort to control sectarian violence. While the cases against Husain were eventually thrown out, the spectre of new legal battles combined with violent threats and harassment pushed Husain to flee his home country. He never returned, and died in exile last year.

Across the world restrictions on free expression are imposed using laws designed to protect religious sensitivities.

Pakistan’s blasphemy laws are notorious for being abused to silence and persecute the country’s religious minorities. Although the country’s Penal Code has always had a section on religious offence, clauses added in the 1980s set a high price for blasphemy or membership of the Ahmadi sect of Islam — an Islamic reformist movement. These laws, including a possible death sentence for insulting the Muslim prophet Muhammad, have been slammed by civil society inside and outside of Pakistan.

A report issued in September by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, says that blasphemy laws should be repealed. Controls on free speech in order to protect religious sensibility seem to run parallel to controls on religion.

Globally, restrictions on religious expression have increased according to a report released last month by the Pew Research Center. In 2010, the study found that 75 per cent of the world’s population lived in countries where restrictions placed on religious practice were rated as either “high” or “very high”. The study found that the greatest restrictions on religion take place in the world’s most heavily populated countries — India, Egypt, Indonesia, Iran, and Russia stood out on the list.

Outrage and incitement to religious hatred

In 1977 Christian campaigner Mary Whitehouse successfully brought charges against the publishers of a magazine that printed a graphic sexual poem about Jesus Christ

In 1977 Christian campaigner Mary Whitehouse successfully brought charges against the publishers of a magazine that printed a graphic sexual poem about Jesus Christ

In 2007, the UK introduced the offence of “incitement to religious hatred”, which some feared was merely a replacement for the scrapped blasphemy law, made more wide-ranging by covering not just Christianity but all religions. The last conviction under that law was the infamous 1977 Gay News case, where Christian campaigner Mary Whitehouse brought a successful private prosecution against the publishers of Gay News magazine for publishing a poem describing a Roman soldier’s fantasy of sex with Jesus Christ.

In the UK, one of the most pernicious means by which restrictions on free speech have grown tighter has been through the use of incitement laws, both incitement to hatred and incitement to violence and murder. In some cases, as in the outlawing of incitement to religious hatred through the Racial and Religious Hatred Act, the law is being used to censor genuine debate. In other cases, incitement law is being used to shut down protest, as in the convictions of Muslim protestors Mizanur Rahman and Umran Javed for inciting racial hatred and ‘soliciting murder’ during a rally in London against the publications of the Danish Muhammed cartoons. Over the past decade, the government has used the law both to expand the notion of ‘hatred’ and broaden the meaning of ‘incitement’. Much of what is deemed ‘hatred’ today is in fact the giving of offence. And should’t the giving of offence be viewed as a normal and acceptable part of plural society?

In 2009, Ireland created for the first time a specific blasphemy offence. This law states a person is guilty of blasphemy if

“he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and

(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.”

This wording was later used as a template for attempts to introduce the idea of “defamation of religion” as an offence at the United Nations. The attempt to introduce this concept failed, but the UN Human Rights Council did pass a resolution condemning “intolerance, negative stereotyping, stigmatisation, discrimination, incitement to violence, and violence against, persons based on religion or belief”.

On the other hand, according to Frank La Rue, quoted by Journalism & Intolerance said: “blasphemy is a horrible cultural phenomenon but, again, should not be censored or limited by criminal law. I would like to oppose blasphemy in general by being respectful, but that’s something you build in the culture and the traditions and the habits of the people, but not something you put in the criminal code. Then it becomes censorship.”

Crushing religious freedom

Other European countries have had their own free speech versus religion battle when a push towards bans on the veil or niqab began, infringing on choices of Muslim women. France’s controversial ban on the niqab went into effect last year. Offenders must pay a 150 € fine or take French citizenship classes. There have been similar discussions in the Netherlands, Denmark, the United Kingdom, and Belgium. Such bans are not restricted to Europe — in 2010 Syria banned face veils from university campuses. From 1998 – 2010, Turkey banned headscarves from university campuses. In fact, Turkey has a much wider ban on headscarves in public buildings, a ban the government faces difficulties overturning though it would like to. Just as troubling — countries like Iran and Saudi Arabia have strict dress codes for women that visitors must comply with as well.

Both enforced secularism and enforced religiosity constitute a form of censorship; the key word being “enforced” as opposed to “free”. Whether it is tackling enforced religion, religious offence, hatred and incitement to violence, or enforced secularism, only a constructive approach to free speech can genuinely guarantee freedom of conscience and belief, whether in one god, many or none.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1493908381135-56de588f-391f-0″ taxonomies=”78, 4880″][/vc_column][/vc_row]

Index Index – International free speech round up 04/02/13

Chinese communist party newspaper The People’s Daily has today denied allegations that China hacked into the computer systems of various US media outlets. The state-run newspaper denied that officials had hacked The New York Times and The Wall Street Journal, also refuting claims from The Washington Post that it had been targeted. The People’s Daily said that the national security allegations from the US were a cover-up for imposing economic sanctions on China. The Obama administration will reportedly address the attacks as an economic threat in a National Intelligence Estimate report, meaning the US can impose sanctions in China in response. Concern has been mounting in America that China has been responsible for a series of sustained cyber attacks on government agencies, US companies and media outlets — a US congressional report last year named China “the most threatening actor in cyberspace”.

A french journalist researching prostitution and human trafficking in Cambodia has had a seven year jail sentence in absentia upheld under prostitution charges. Daniel Lainé was charged by Phnom Penh City Court on 29 January for soliciting prostitutes and issued with a “red notice” by Interpol following a request from the court, banning him from reporting anywhere outside of France. Lainé had originally been sentenced in 2010 after being caught secretly filming a prostitute without permission, a charge the journalist denies. The charges are thought to be linked to Lainé’s 2003 documentary exposing sex tourism in Cambodia and are allegedly supported by a written witness statement from someone who never appeared in court during the case. Lainé is a filmmaker for Tony Comiti Productions and was winner of a World Press Photo award in 1991.

These crisps have caused offence amongst the Catholic community

On 1 February, a film maker accused the Italian government of censorship for calling off the screening of his film for being too political. Bill Emmott, former editor of the Economist, was due to show his documentary Girlfriend in a Coma on 13 February at the National Museum of the 21st Century Arts, but the organisers were contacted on 1 February to say that the ministry of culture had ordered the event to be postponed ahead of the parliamentary elections on 24 February. Emmott, who’s film takes a critical look at Italy and the problems it faces, said there is a culture of denial in the country. The film has already been screened in several European countries and the US and is expected to remain postponed until the elections are over.

An appeals court in the Philippines has upheld a decision to pursue a libel case and issue of arrest warrants against a minor and five other people for online defamation charges made on 13 March 2012. A teenage blogger was accused of posting defamatory comments on Celine Quanico’s blog on 6 April 2008, along with Justine Dimaano, Francesa Vanessa Fugen, Anthony Jay Foronda, Roberto Armando Hidalgo and Danielle Vicaldo. Quanico said that Dimaano had posted a Yahoo messenger conversation titled “meet my backstabber friend”, but had changed the alleged victim’s name — who was 16 at the time of the alleged offence. Other insults posted on the site included “bitch”, “ugly”, “loser” and “liar”. The Cyber Crime Prevention Act went into effect on 3 October in the Philippines, after it was suspended following calls to remove the law from constitution.

Chain sandwich store Pret A Manger has withdrawn a new “Virgin Mary” brand of crisps from shelves following religious complaints. The bloody mary cocktail flavoured crisps had been introduced last week, but prompted complaints, including from Catholic groups that the brand was offensive to Jesus’ mother. The company said it removed the product to avoid further offence after noting the “strength of feeling” behind the few complaints they received. The unsold crisps will be donated to homeless charities across the country. Among the complainants was The Reverend Nick Donnelly, deacon of the Diocese of Lancaster, who said after Pret removed the product that the incident taught the Catholic community how to defend their faith in the future.

Index Index – International free speech roundup 15/01/13

The European Court of Human Rights deemed today (15 January) that a woman working for British Airways was unfairly discriminated against for her religion. Nadia Eweida was fired by BA in 2006 for refusing to stop wearing her crucifix visibly. Judges ruled that Eweida’s rights under Article 9 of the European Convention on Human Rights were violated. Three other Christians who had taken their employees to court lost their cases. Shirley Chaplin, whose employer also stopped her wearing crucifix necklaces, Lillian Ladele, disciplined after refusing to conduct same-sex civil partner ceremonies — and Gary McFarlane, a marriage councillor fired for saying he might object to offering sex advice to gay couples.

 Elizabeth Brossa - Creative commons Flickr

Aaron Swartz’s suicide prompted calls for cyber law reform

The suicide of US activist Aaron Swartz on 11 January has prompted calls to reform computer crime laws in America. The 26 year old was awaiting trial, charged with 13 felony counts of wire fraud and hacking two years ago. Swartz had downloaded millions of academic papers from online archive JSTOR and was due to face trial in April, for which he could have been jailed for decades and faced massive fines. Calls for amendments to The Computer Fraud and Abuse Act have been widespread, with critics alleging that certain internet hacking laws are too vague and broad, and impose overly harsh penalties.

On 9 JanuaryIran’s Supreme Court ratified the death penalty of five Ahwazi (Arab-Iranian) human rights defenders. Hadi Rachedi, Hashim Shabani Nejad, Mohammad Ali Amuri Nejad, Jaber Al-Bushoke and his brother Mokhtar Al-Bushoke were arrested by Iran’s Ministry of Intelligence and National Security in the spring of 2011. They were charged with spawning mischief, threatening national security and inciting propaganda against the Islamic Republic. The activists had been protesting for their right to speak Arabic, rather than the national language of Persian – a right that is written into Iranian constitution. They were allegedly tortured into giving false confessions in detention.

App developers Tencent have apologised to users of social media app WeChat, after the programme appeared to be censoring controversial terms globally. Tencent, China’s most widely used internet portal, blamed a “technical glitch” after it had blocked terms such as Southern Weekend and Falun Gong, a banned group in China often referred to as a sect. Activists have voiced concern that authorities are hacking the app, in order to increase surveillance on some of its 200million users. WeChat has subscribers in the UK and America, and will soon be launched across Asia.

US Vice President Joe Biden met with the president of the Entertainment Software Association on Friday, to discuss the gaming industry’s influence over violence, following a school shooting in Connecticut that prompted calls for reforms on gun policy. Biden’s White House meeting aimed to establish whether America was undergoing a “coarsening of our culture”, discussing how to eliminate the culture of violence, a happening the gaming industry is frequently blamed for. The National Rifle Association (NRA) had accounted the rate of gun crime in America to media and video game violence, which the gaming industry refuted, expressing fears that they could become a scapegoat in the Connecticut debate.