You are on page 1of 10

This article was downloaded by: [University of Birmingham]

On: 22 March 2015, At: 08:00


Publisher: Routledge
Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered
office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK

The Review of Faith & International


Affairs
Publication details, including instructions for authors and
subscription information:
http://www.tandfonline.com/loi/rfia20

THE PUBLIC DISORDER OF BLASPHEMY


LAWS: A COMPARATIVE PERSPECTIVE
Neil Hicks
Published online: 24 Feb 2015.

Click for updates

To cite this article: Neil Hicks (2015) THE PUBLIC DISORDER OF BLASPHEMY LAWS: A
COMPARATIVE PERSPECTIVE, The Review of Faith & International Affairs, 13:1, 51-58, DOI:
10.1080/15570274.2015.1005917

To link to this article: http://dx.doi.org/10.1080/15570274.2015.1005917

PLEASE SCROLL DOWN FOR ARTICLE

Taylor & Francis makes every effort to ensure the accuracy of all the information (the
“Content”) contained in the publications on our platform. However, Taylor & Francis, our
agents, and our licensors make no representations or warranties whatsoever as to the
accuracy, completeness, or suitability for any purpose of the Content. Any opinions and
views expressed in this publication are the opinions and views of the authors, and are
not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not
be relied upon and should be independently verified with primary sources of information.
Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands,
costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising
directly or indirectly in connection with, in relation to or arising out of the use of the
Content.

This article may be used for research, teaching, and private study purposes. Any
substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing,
systematic supply, or distribution in any form to anyone is expressly forbidden. Terms &
Conditions of access and use can be found at http://www.tandfonline.com/page/terms-
and-conditions
Downloaded by [University of Birmingham] at 08:00 22 March 2015
THE PUBLIC DISORDER OF
BLASPHEMY LAWS: A
COMPARATIVE PERSPECTIVE
By Neil Hicks
Downloaded by [University of Birmingham] at 08:00 22 March 2015

L
aws criminalizing blasphemy, or without, and in countries where adherents of a
mocking or insulting religions or variety of religions form the majority of the
religious symbols, are to be found in population.
countries in all parts of the world. These There is a distinction to be drawn between (1)
laws prohibit injuring religious feelings or blasphemy laws that are designed primarily to
insulting religious figures, or, more broadly, the uphold public order by prohibiting actions likely
sacred, by words or actions. They exist in a few to offend the sensibilities of a particular group of
countries in Latin America, including Brazil; they religious believers, and (2) blasphemy laws
are to be found in Europe and Africa (more in intended to protect from insult a religion, its
North Africa than in sub-Saharan Africa), and are symbols, and its sacred objects. The former may
especially prevalent in the Middle East and South have secular origins stemming from the state’s
Asia. A study by the Pew Research Center found recognition of its obligations to safeguard public
that out of the world’s 198 countries, 94 or 47 order, and that religious feelings can be volatile and
percent had either laws against blasphemy, subject to exploitation by those with an interest in
apostasy, or defamation of religion (or some fomenting instability for political or other reasons.
combination of the three) (Pew Forum on Such types of blasphemy laws are, therefore, a
Religion and Public Life 2012). method by which states can police public discourse
A study compiled by Human Rights First and and impose restrictions on freedom of expression,
the Cardozo Law School in 2014 found blasphemy including on religious subjects, deemed harmful to
laws in 57 states (Human Rights First 2014). These public order or public morals.
states differ enormously and it is clear that the mere Such restrictions on speech are provided for
existence of blasphemy laws, usually to be found in in Article 19 (3)(b) of the International Covenant
penal codes or press laws, says little about the on Civil and Political Rights (ICCPR), which
general climate for religious freedom within a given permits “certain restrictions” on freedom of
country. Saudi Arabia and Finland, for example, expression, “such as are provided by law and are
have very different attitudes toward respect for
diverse religious beliefs and practices, but they both
Neil Hicks is the Director for Human Rights Promotion at Human
have laws against blasphemy. Rights First, an independent non-governmental organization in
Such laws differ widely in their content and New York. He has written extensively on human rights issues in the
origin. They can be found in countries with Middle East, on US policy and human rights, and on
established official state religions and those counterterrorism and human rights.

© 2015 Institute for Global Engagement the review of faith & international affairs | 51
public disorder of blasphemy laws

necessary: for the protection of national security threats to public order brought about by the
or of public order (ordre public), or of public outraged feelings of groups of religious believers.
health or morals.” General Zia’s further expansion of the laws had
The latter type of blasphemy laws have a the effect of empowering religious groups who
different effect in that they empower those arrogated to themselves the power of deciding
authorities that claim authority to interpret and when an insult or act of blasphemy against Islam
protect religion. In some states, the guardians of had taken place, thereby weakening state power.
“right religion” and the de facto rulers of the state Such laws do not comply with international
are one and the same. For example, in the Islamic standards upholding freedom of expression. The
Republic of Iran, Article 4 of the Constitution General Comment to Article 19 of the ICCPR
provides that: notes that: “Prohibitions of displays of lack of
respect for a religion or other belief system,
All civil, penal, financial, economic, including blasphemy laws, are incompatible with
administrative, cultural, military, political, the Covenant … .”
Downloaded by [University of Birmingham] at 08:00 22 March 2015

and other laws and regulations must be Other states also have laws seeking to protect
based on Islamic criteria. This principle the feelings of groups of religious believers. These
applies absolutely and generally to all laws are designed to empower state authorities to
articles of the Constitution as well as to all control threats to public order caused by
other laws and regulations. outraging the sensibilities of groups of people and
other laws that prohibit insulting religion. For
The power to decide what “Islamic criteria” example, Article 98(f) of the Penal Code of Egypt
ordain rests in the hands of the Council of makes it an offense to “disdain or show contempt
Guardians and the Leader of the Islamic for any of the heavenly religions.” A separate
Republic, who is both the supreme religious and article, Article 178, prohibits all forms of
political authority. expression deemed to be “against public morals.”
In other states, religious authority and state Several European states, including Denmark,
authority are technically vested in separate Norway, and Germany, retain rarely used
institutions, but blasphemy laws have empowered blasphemy laws that are written to protect the
religious leaders to increase their political and feelings of members of a religious community
social influence. The clearest example of this can rather than religion qua religion or its symbols.
be seen in Pakistan, where the blasphemy law has The German Criminal Code makes clear the link
evolved from an initial focus on enabling the state between the insult or defamation and disturbing
to protect public order by protecting “any class of public peace. Section 166 of the German
persons” from having their religious feelings Criminal Code states: “Whosoever … defames
outraged or insulted, to a set of laws that protects religion or ideology of others in a manner that is
religion and religious symbols—in this case capable of disturbing the public peace, shall be liable
exclusively Islam and its symbols—from insult or to imprisonment … .” In this type of blasphemy
desecration. The original blasphemy law came law insult or defamation of religion alone is not
into force in 1860 after the Indian Mutiny of sufficient to constitute an offense; the additional
1857–1858. In 1927, the British expanded the standards of being “capable of disturbing public
scope of the law, but retained its focus on peace” must also be satisfied.
protecting persons, not religion, after further The religious framework of the state can be
religiously motivated unrest. General Zia-ul-Haq, the reason for the existence of blasphemy laws.
Pakistani President from 1978 to 1988, presided Under international law, a state may declare an
over the expansion of the scope of the blasphemy official religion, provided that fundamental
law to protect first the Qur’an and then the human rights such as non-discrimination, and the
Prophet Mohamed from desecration or insult. rights to freedom of thought, conscience, religion
In British colonial times, the blasphemy laws or belief, and freedom of expression are respected
were adopted to strengthen state power against for all. In practice, having an official state religion

52 | volume 13, number 1 (spring 2015)


neil hicks

often allows states to determine which types of the peaceful expression of political or religious
beliefs, religious practices, or expressions are views. The UN Special Rapporteur on Freedom
acceptable in that society—and which are not. of Expression has noted that “Anti-blasphemy
The constitutions of countries including Poland laws … are inherently vague and are often used as
and Sri Lanka do not explicitly state that there is a means of quashing the right to freedom of
an official state religion, but the Polish and Sri expression” (La Rue 2012). He has called on
Lankan constitutions provide privileged status to states to repeal anti-blasphemy laws and to
one religion over another: the Roman Catholic initiate legislative and other reforms that protect
Church and Buddhism, respectively. Other the rights of individuals in accordance with
constitutions limit the number of recognized international human rights standards.
religions. For example, Indonesia recognizes only Allegations of blasphemy serve as a pretext for
six official religions: Islam, Buddhism, religious extremists to polarize society and to foment
Protestantism, Catholicism, Hinduism, and public disorder. Monitoring and exposing alleged
Confucianism. The Ahmadiyya sect is considered blasphemy, and urging the state to be zealous in
Downloaded by [University of Birmingham] at 08:00 22 March 2015

an illegitimate form of Islam and, therefore, countering it, is an effective tactic for extremist
illegal. Similarly, the Baha’i movements to build support
faith is considered illegal in and bolster their narrative that
several countries. Law No. ALLEGATIONS OF BLASPHEMY their religion is under assault
263 of 1960 in Egypt SERVE AS A PRETEXT FOR from hostile forces.
characterizes practicing the RELIGIOUS EXTREMISTS TO Accusations of
Baha’i faith as blasphemy POLARIZE SOCIETY AND TO blasphemy have resulted in
(Freedom House 2010, 29) in arrests and arbitrary
that periodic crackdowns FOMENT PUBLIC DISORDER detentions and have sparked
against Egypt’s small Baha’i assaults, murders, and mob
minority have been carried out using the attacks. For example, in February 2011, more
blasphemy article of the Penal Code, Article 98(f) than 1000 protestors stormed a District Court
(Human Rights Watch 2007, 31). in Indonesia after a Christian found guilty of
blasphemy received what extremists believed to
The Problem with Blasphemy Laws be too lenient a sentence (Bellman 2011). The
Blasphemy laws, which are designed to protect sentence was for five years—the maximum
abstract ideas or religions, are inconsistent with penalty allowed under the criminal code. That
universal human rights standards. Laws designed same month, more than 1000 Indonesian
to prevent defamation of religion risk promoting villagers armed with machetes and sticks
an atmosphere of hostility in which governments stormed a house of worship of Ahmadiyya, a
can restrict freedom of expression, thought, and minority Muslim sect whose beliefs are deemed
religion, thereby having a chilling effect on the blasphemous under Indonesian law. Three
peaceful expression of political or religious views. people were killed and six others wounded. The
They permit governments to determine which attackers were videotaped stoning their victims
ideas are acceptable. to death while police officers and villagers
Such laws create particular problems for those watched and did nothing to stop the bloodshed.
holding religious views that differ from the The perpetrators of such violence received
majority religion, as well as adherents to minority sentences of three to six months—and none
faiths that may be deemed by some to be heretical were charged with murder. The same court
or blasphemous. UN experts and other human found an Ahmadi victim whose hand was nearly
rights monitors have found that many national severed during the attack guilty of disobeying
laws prohibiting blasphemy, religious police orders and sentenced him to six months
defamation, injury to religious feelings, and in prison (Human Rights First 2012, 2).
incitement to hatred have been abused by Journalists, bloggers, teachers, students,
governments and others to target individuals for poets, religious converts, Internet users, and

the review of faith & international affairs | 53


public disorder of blasphemy laws

others have been targeted, charged, and sentenced Court (BBC News 2014a, 2014b). Her family is
to prison or received other punishments for in constant fear for their lives and an imam has
exercising their right to freedom of expression. In offered a $6000 reward to anyone who takes
February 2012, a 23-year-old journalist from Bibi’s life if her death sentence is not upheld.
Saudi Arabia, Hamza Kashgari, was accused of As a result of the murders of the prominent
blasphemy—a charge that carries the death Pakistani officials, serious debate about the need to
penalty—after he posted a string of Twitter reform Pakistan’s blasphemy laws has been largely
messages of an imaginary conversation with the stifled. Religious groups and political parties
Prophet Mohammad. Within hours of his pressured the government to withdraw a bill
postings, more than 30,000 people responded to proposing amendments to the blasphemy law.
his tweets, many calling for him to be punished. Following the arrest of Governor Taseer’s
On Facebook, more than 12,000 people called murderer, police officers investigating the case were
for Kashgari’s execution. Kashgari was eventually threatened—as were lawyers representing the state.
released from prison in October 2013 (Freedom Justice Pervaiz Shah, who presided over the murder
Downloaded by [University of Birmingham] at 08:00 22 March 2015

House 2013). trial, was forced to go on leave for an indefinite


Those accused of blasphemy are at risk period of time after receiving death threats.
before, during, and after their trials. Bail is often
denied. Legal proceedings can take years, while An Alternative to Blasphemy Laws
those accused languish in jails where some have Those who support the concept of blasphemy
been reportedly subject to mistreatment or even laws argue that such prohibitions are necessary to
torture. A number of accused have been killed protect religion; that without legal protections
while in prison. backed by state power, religion and religious
Even when acquitted, those charged with believers face insults and defamation that can lead
blasphemy are marked for life and may have to to discrimination and eventually persecution on
live in hiding or seek exile. Due to death threats the basis of religious belief. These fears are not
and verbal and physical attacks, lawyers are often entirely without foundation; it is easy to see how
reluctant to take on blasphemy cases. Those that religious minorities in particular may feel
do, along with the judges that decide them, have powerless to resist a campaign of defamation
been subject to intimidation, death threats, and directed against them by an intolerant majority.
violence. In July 2010, two Pakistani brothers For example, the growth of popular anti-Muslim
accused of defaming the Prophet Muhammad sentiment and xenophobia in parts of Europe is
were shot to death by unidentified gunmen as often given as a reason why religion may be in
they emerged from a courthouse where they had need of legal protection from insult. But there are
been cleared of all blasphemy charges. ways, other than through the criminalization of
The assassinations of Pakistani Governor insults against religion, to counter religious
Salmaan Taseer on January 4, 2011, and hatred and persecution, harassment, and violence
Minority Affairs Minister Shahbaz Bhatti on directed against religious minorities (Human
March 2, 2011, illustrated how risky criticism of Rights First 2010). Such concerns can be
blasphemy laws has become in that country. Both addressed by an approach that both supports
men were murdered because they spoke out in existing international norms on freedom of
favor of reforming abusive blasphemy laws and expression and confronts the growing problem of
specifically against the proposed death sentence of hostility and violence targeting members of
Aasia Bibi, a Christian farm laborer convicted of religious and other minorities, whether they are
blasphemy following a disagreement with a Muslims in Europe or other minorities elsewhere
Muslim coworker. Aasia Bibi remains in jail, in the world. This proactive approach prioritizes
often in solitary confinement to protect her from (1) the need to combat violent hate crimes
attack by her fellow prisoners. She lost an appeal through legal accountability and effective law
against her sentence in October 2014, but her enforcement; (2) the importance of fighting
lawyers are appealing to the Pakistan Supreme offensive speech through counter speech from

54 | volume 13, number 1 (spring 2015)


neil hicks

political leaders and other prominent figures, passing laws against insulting religion, at the
including religious leaders and notable figures in national level human rights abuses that stem from
popular culture, rather than through legal blasphemy laws continue throughout the world.
restrictions like blasphemy laws; and (3)
addressing discrimination, and ensuring equal Typology of Abuses Resulting from
treatment under the law for all, including respect Blasphemy Laws
for freedom of religion. The different ways that blasphemy laws can
In March 2011, the United Nations Human lead to horrific abuses can be divided into the
Rights Council adopted a resolution by consensus following types: Blasphemy laws used to stifle
entitled “Combating intolerance, negative discussion and dissent in the public sphere—
stereotyping and stigmatization of, and literature, media, and the Internet; outbreaks of
discrimination, incitement to violence, and mob violence as a direct consequence of
violence against persons based on religion or blasphemy laws; blasphemy laws and violations of
belief,” which followed an approach of not freedom of religion, thought, or belief; and
Downloaded by [University of Birmingham] at 08:00 22 March 2015

criminalizing allegedly blasphemous speech blasphemy laws used to settle private disputes
(OHCHR 2011). Commonly referred to as (Human Rights First 2012).
Resolution 16/18, this document focused on the
protection of individuals, rather than the Blasphemy Laws Used to Stifle
protection of abstract ideas and religions. Discussion and Dissent in the Public
Recognizing the positive role that the “open, Sphere: Literature, Media, and the
constructive, and respectful debate of ideas can Internet
play in combating religious hatred, incitement, Blasphemy laws provide a context in which
and violence,” it called for “strengthened governments can prevent the peaceful expression
international efforts to promote tolerance and of political or religious views, including those on
peace based on respect for human rights and the the role of religion in law, society, and the state.
diversity of religions and beliefs.” The resolution By restricting these essential freedoms in the
further recognized the importance of leaders name of protecting religion from defamation,
speaking out against intolerance and expanding governments are able to stifle the healthy debate
human rights education and interfaith and and discussion of ideas and essentially determine
intercultural efforts to raise awareness. The United which ideas are acceptable and which are not.
Nations General Assembly endorsed the approach Teachers and students, clergy and congregants,
of the Human Rights Council in December 2011, writers and journalists, and web and social media
and then in March 2012 the Human Rights users have all suffered prosecution under national
Council once again adopted a similar text. blasphemy and related laws for exercising their
As a follow-up to Resolution 16/18, the US right to freedom of expression. The Rabat Plan of
government hosted the first of a series of ongoing Action (OHCHR 2012b) that emerged from an
meetings in December 2011 called “The Istanbul international conference convened by the UN
Process.” International experts were invited to Office of the High Commissioner for Human
share best practices on how to fight Rights in 2012 noted that efforts to restrict the
discrimination based on religion or belief, open debate of religion by the use of blasphemy
without laws restricting freedom of expression. laws are counterproductive:
The focus of the gathering was to enhance
international and technical expertise on At the national level, blasphemy laws are
challenges that law enforcement officials and counter-productive, since they may result
other national experts face when tackling conflict in the de facto censure of all inter-religious/
prevention and religious intolerance. belief and intra-religious/belief dialogue,
While Resolution 16/18 and the Istanbul debate, and also criticism, most of which
Process may indicate that at the international could be constructive, healthy, and needed.
level there is movement away from the concept of In addition, many of these blasphemy laws

the review of faith & international affairs | 55


public disorder of blasphemy laws

afford different levels of protection to obligations to protect people—both alleged


different religions and have often proved to violators of blasphemy laws as well as judges and
be applied in a discriminatory manner. lawyers involved in those cases—from
There are numerous examples of extrajudicial mob violence. In fact, in some
persecution of religious minorities or instances the authorities have been complicit. In
dissenters, but also of atheists and non- some cases, the perpetrators have asserted it to be
theists, as a result of legislation on religious their “religious duty” to kill blasphemers and
offences or overzealous application of their supporters, which include friends, family,
various laws that use a neutral language. judges, and lawyers. In Pakistan, it is the mob
Moreover, the right to freedom of religion violence that is more harmful than the
or belief, as enshrined in relevant implementation of the law itself. Although no
international legal standards, does not one has actually been executed under the
include the right to have a religion or a blasphemy laws in Pakistan, at least 30
belief that is free from criticism or ridicule. individuals accused of committing blasphemy
Downloaded by [University of Birmingham] at 08:00 22 March 2015

(OHCHR 2012) have been killed extra-judicially since the 1980s


(Shea 2009). The perpetrators of such
Outbreaks of Mob Violence as a Direct extrajudicial violence are rarely brought to justice.
Consequence of Blasphemy Laws
Blasphemy laws do damage that goes beyond Blasphemy Laws and Violations of
the impact of individual prosecutions. One of the Freedom of Religion, Thought, or Belief
more alarming aspects of both the international Blasphemy laws create particular problems for
debate about defamation of religions (e.g. adherents of minority faiths that are deemed
controversies such as those that occurred over heretical or blasphemous by a nation’s majority or
“The Innocence of Muslims” YouTube video and state-backed religious establishments. The laws
the Danish Cartoons) and national-level debates perpetuate prejudice, promote religious
over blasphemy laws is the way they are intolerance, and prevent the discussion of views
manipulated by extremists to foment conflict and which some segments of the population may find
violence. Such incidents enable extremists to offensive. The UN Special Rapporteur on
portray the state, or the West, or the United States, Religious Freedom has urged states to repeal
as defenders of blasphemers and propagators of blasphemy laws because of the damage they do to
ungodly ideas, thereby mobilizing public opinion the rights of religious minorities. “States should
against them in the name of defending religion. In repeal any criminal law provisions that penalize
the largely manufactured atmosphere of outrage, apostasy, blasphemy, and proselytism as they may
what is inevitably lost is the fact that the original prevent persons belonging to religious or belief
alleged offense was trivial and would have offended minorities from fully enjoying their freedom of
few—because a mass public would never have religion or belief” (Bielefeldt 2012).
known about it but for the protests and outrage
purposefully generated by those most interested in Blasphemy Laws Used as a Weapon to
promoting a narrative of religious division. Settle Private Disputes
In Pakistan, it has become commonplace for The loose and unclear language of existing
mobs to gather in and outside the courtrooms blasphemy laws—along with procedures in some
where blasphemy cases are tried, asserting that countries which allow private individuals to
they are prepared to take the law into their own initiate blasphemy cases without prosecutorial or
hands if the court does not hand down a guilty judicial review—provides dangerous ammunition
verdict. Violence does not end at the courthouse to those who have used them to victimize
doors. Mobs have descended on towns, burning individuals and as a weapon in private disputes.
places of worship, looting homes, and killing or Accusations of blasphemy are often the
injuring residents. Faced with these pressures, byproduct of disputes between neighbors,
governments have sometimes failed in their colleagues, political opponents, religious and

56 | volume 13, number 1 (spring 2015)


neil hicks

academic leaders, and business associates whose public confidence in the government and state
dealings have become adversarial. Given the severity institutions and created discontent on which
of the punishment provided under many of the religious extremists have capitalized. Their
national blasphemy laws, the ease with which one willingness to incite and use violence, as in the
may initiate a proceeding raises serious concerns of murders of Salman Taseer and Shahbaz Bhati, has
due process and the right to a fair trial. The use of magnified their impact on the climate of public
blasphemy laws to settle disputes is most prevalent debate and religious freedom in Pakistan.
in Pakistan. Though successive governments have While Pakistan is an extreme case study,
recognized that these laws are abused, they have particular political developments can be seen as
been either unwilling or unable to adopt the having contributed to the prevalence of blasphemy
reforms necessary to address this problem. cases and to the human rights problems deriving
from them in other countries with a high incidence
Accounting for the Massive Variance of blasphemy prosecutions and blasphemy-related
in the Impact of Blasphemy Laws incidents. For example, both Iran and Sudan
Downloaded by [University of Birmingham] at 08:00 22 March 2015

As noted above, laws providing for the underwent top-down Islamization processes driven
criminal prosecution of those who insult, mock, by political leaders who used religion for political
or defame religion or religious symbols exist in at purposes to burnish their credentials as defenders
least 57 countries. In the great majority of those of the faith and to discredit their political
countries the laws are virtually never invoked. It is opponents as impious. Ayatollah Khomeini
notable that the largest number of separate presided over the implementation of the Islamic
incidents of abuse and the most serious instances Penal Code in 1981which provided for
of abuse take place in relatively few countries: punishment for a variety of broadly defined
Pakistan (which is in a category of its own), Saudi offenses against God and Islam, including
Arabia, Iran, Egypt, Sudan, Afghanistan, and provision of the death penalty for speaking
Indonesia chief among them. These are countries disparagingly of the Prophet Mohammad.
that have blasphemy laws that seek to protect President Nimeiri, with his able Attorney
religion and religious symbols from insult or General Hassan al-Turabi, took a political
defamation in a manner that goes beyond the decision to Islamize Sudan by imposing the
restrictions on freedom of expression permitted September Laws in 1983, designed to impose
under Article 19(3) of the ICCPR. Islamic Law, including harsh punishment for
The broadening of Pakistan’s blasphemy laws, blasphemy, on his large and diverse country.
which have made the country an often cited While the worst excesses of the September Laws
example of why governments should not adopt have been removed from Sudanese law,
laws seeking to protect religion from defamation or blasphemy remains a crime and Sudan’s current
insult, came about for political reasons. President president Omar al-Bashir continues to follow
Zia-ul-Haq sought to broaden his own political Nimeiri’s example of manipulating religious
support and weaken his opponents by garnering sensitivities to build his political support base.
support from conservative Islamic forces in President Sadat in Egypt amended Article 2
Pakistan and by portraying himself as a defender of of the Egyptian Constitution to render Islamic
Islam. The expansion of the scope of Pakistan’s law the “principal source of legislation,”
blasphemy laws was largely a political gambit to indicating his political choice to forge an alliance
legitimize President Zia’s authoritarian rule, fusing with religious political forces against his more
together nationalism, military rule, and religion. secular opponents. Pandering to Islamism
Religious parties in Pakistan pressured Zia to remained a feature of Egyptian political life
make these legislative changes and largely in the under President Mubarak’s long rule and
years after his death have been able to use the remains so under President Sisi, who despite his
issue of protecting Islam and its symbols from ruthless repression of the Muslim Brotherhood
blasphemy as a political rallying call. Corruption, has been keen to build his own political
poverty, and political instability have sapped legitimacy as a defender of Islam, in some ways

the review of faith & international affairs | 57


public disorder of blasphemy laws

forging the same kind of religio-military- in Russia in June 2013; and by organized
nationalist hybrid that has emerged in Pakistan religious extremists, who know the power of
since the days of President Zia (Dunne 2011). protecting religion from insult as a mobilizing
There was a notable uptick in blasphemy technique. It is this interaction between
prosecutions and blasphemy-related incidents authoritarian rulers and extremist religious
after the overthrow of Mubarak in 2011 and movements that has fueled human rights abuses
this trend is continuing under President Sisi. related to blasphemy in a handful of countries.
The issue of blasphemy is susceptible to Given the volatility of the issue and the recent
exploitation for political gain; by ambitious history of violence and abuses, calls for retaining
authoritarian rulers, which may go some way to or extending blasphemy laws should be viewed
explaining the passage of a new blasphemy law with extreme skepticism. v

References
BBC News. 2014a. “Pakistan Court Upholds Asia Bibi Death Sentence.” BBC News website. Accessed October 16. http://www.bbc.com/
Downloaded by [University of Birmingham] at 08:00 22 March 2015

news/world-asia-29640245
BBC News. 2014b. “What Are Pakistan’s Blasphemy Laws?” BBC News website. Accessed November 6. http://www.bbc.com/news/world-
south-asia-12621225
Bellman, Eric. 2011. “Blasphemy Sentence Sparks Riot.” The Wall Street Journal. Accessed February 8. http://www.wsj.com/articles/
SB10001424052748704364004576131850273645210
Bielefeldt, Heiner. 2012. “Report of the Special Rapporteur on Freedom of Religion or Belief, A/HRC/22/51.” Accessed December 24.
http://www.ohchr.org/Documents/Issues/Religion/A.HRC.22.51_English.pdf
Dunne, Michele. 2011. “Egypt’s Imperiled Transition: Pakistan on the Nile?” The Atlantic Council. Accessed November. http://www.
atlanticcouncil.org/images/files/publication_pdfs/7631/111411_ACUS_Egypt.pdf
Freedom House. 2010. “Policing Belief: The Impact of Blasphemy Laws on Human Rights.” Freedom House Report. http://www.
freedomhouse.org/sites/default/files/Policing_Belief_Full.pdf
Freedom House. 2013. “Freedom House Welcomes Release of Saudi Writer Hamza Kashgari.” Freedom House website. Accessed October
29. https://freedomhouse.org/article/freedom-house-welcomes-release-saudi-writer-hamza-kashgari#.VIH_0dLF-6U
Human Rights First. 2010. “Confronting Hatred While Respecting Freedom of Expression.” Human Rights First report. http://www.
humanrightsfirst.org/wp-content/uploads/pdf/Confronting_Hatred_While_Respecting_Freedom_of_Expression.pdf
Human Rights First. 2012. “Blasphemy Laws Exposed: the Consequences of Criminalizing ‘Defamation of Religions’.” Human Rights
First Report. Accessed March. http://www.humanrightsfirst.org/wp-content/uploads/Blasphemy_Cases.pdf
Human Rights First. 2014. “Compendium of Blasphemy Laws.” Human Rights First Report. Accessed May 20. http://www.
humanrightsfirst.org/resource/compendium-blasphemy-laws
Human Rights Watch. 2007. Egypt: Prohibited Identities. New York: Human Rights Watch.
La Rue, Frank. 2012. “Statement of UN Special Rapporteur on Freedom of Expression.” Accessed November 5. http://www.ohchr.org/EN/
NewsEvents/Pages/DisplayNews.aspx?NewsID=12744&LangID=E
OHCHR (Office of the United Nations High Commissioner for Human Rights). 2011. “Resolution of the Human Rights Council, A/HRC/RES/
16/18.” Accessed March. http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.RES.16.18_en.pdf
OHCHR (Office of the United Nations High Commissioner for Human Rights). 2012a. “Rabat Pew Forum on Religion and Public Life. 2012.
Laws Penalizing Blasphemy, Apostasy, and Defamation of Religion are Widespread.” Report. Accessed November 21. http://www.
pewforum.org/2012/11/21/laws-penalizing-blasphemy-apostasy-and-defamation-of-religion-are-widespread/
OHCHR (Office of the United Nations High Commissioner for Human Rights). 2012b. “Plan of Action on the Prohibition of Advocacy of
National, Racial, or Religious Hatred that Constitutes Incitement to Discrimination, Hostility or Violence.” Accessed [February 5]
http://www.ohchr.org/documents/issues/opinion/seminarrabat/rabat_draft_outcome.pdf
Shea, Nina. 2009. “Pakistan’s Anti-Blasphemy Laws.” Testimony, U.S. House of Representatives, Committee on Foreign Affairs. Accessed
October 8. http://www.scribd.com/doc/21004000/testimony-of-Nina-Shea-director
United Nations Human Rights Committee. 2011. “General Comment No. 34, July.” CCPR/C/GC/34.

http://dx.doi.org/10.1080/15570274.2015.1005917

58 | volume 13, number 1 (spring 2015)

You might also like