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Bahrain: Quash Religious Freedom Convictions
Last week, Jalal al-Qassab, 60, and Redha Rajab, 67, filed their third and final appeals against convictions for “mocking” Islamic beliefs. In March, they were sentenced to a year in prison and a fine. Both men are members of Al Tajdeed, a Bahraini cultural and social association registered in the country since 2002. The organization characterizes its mandate as promoting open discussion about religion and Islamic jurisprudence. Former members and others have told HRW that the group has abusive practices.
A Violation of Free Speech Obligations
The government’s prosecution of Al Tajdeed members for their expression violates Bahrain‘s obligations to protect free speech. The Public Prosecution filed criminal charges against the group, citing complaints from the Interior Ministry’s Cybercrimes Directorate and the Ministry of Social Development. The charges allege that YouTube commentaries by al-Qassab on various Quran verses contradicted “authoritative rulings on the power of Allah” and “insulted a symbol and revered figure in a specific religious community.”
Contradiction of International Human Rights Law
The actions of the Bahraini court and the existence of penal code articles that punish expression based on religion are clear violations of international human rights law. Article 309 of Bahrain‘s penal code punishes anyone who offends a recognized religious sect or ridicules their rituals, while article 310 outlaws public insult of a religious figure or symbol and ridicule of a sect’s teachings.
However, Bahrain is bound by the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of belief and freedom of expression in articles 18 and 19, respectively. Bahrain ratified the ICCPR in 2006 and should uphold its international treaty obligations.
Protection of Freedom of Religion and Expression
Bahrain must end its persecution of individuals who wish to exercise their right to freedom of religion and expression. The country should quash the convictions of Al Tajdeed members and revise its penal code to align with international human rights standards.
While Bahrain‘s constitution includes provisions for freedom of conscience, it also qualifies the right to freedom of opinion and expression in a way that leaves room for interpretation and abuse. Article 23 of the constitution states that freedom of expression is protected as long as it does not infringe on the fundamentals of Islamic doctrine, prejudice national unity, or cause division or sectarianism. This qualification opens the door for authorities to restrict or punish expression based on religious grounds.
Editorial: Balancing Religious Respect and Freedom of Expression
The case of Al Tajdeed highlights the delicate balance that societies must strike between respecting religious beliefs and protecting freedom of expression. It is essential to recognize that freedom of expression is a fundamental human right that allows for open discussion, dissent, and the exploration of different ideas and beliefs.
Religious beliefs, while deeply personal and important to individuals, should not be immune from scrutiny or criticism. Freedom of expression allows for the questioning and examination of religious teachings and practices, which can foster greater understanding and progress within societies.
However, this freedom should not be used to incite violence, hatred, or discrimination against individuals or religious communities. It is crucial to differentiate between respectful and constructive criticism and speech that promotes intolerance or harm.
Promoting Open Dialogue and Tolerance
Societies, including Bahrain, should strive to create an environment that encourages open dialogue about religion and fosters tolerance for differing beliefs. This includes protecting and respecting the freedom of individuals and organizations to express their views and engage in discussions about religion without fear of persecution or punishment.
By promoting an atmosphere of open dialogue and tolerance, societies can better address and challenge harmful practices or extremist ideologies that may emerge within religious communities.
The Role of Education and Civil Society
Education and civil society play essential roles in promoting understanding, tolerance, and respect for religious diversity. Schools should provide education that fosters critical thinking, intellectual curiosity, and an understanding of various religious traditions.
Civil society organizations, such as Al Tajdeed, can contribute to generating discussions and debates surrounding religion by creating safe spaces for individuals to express their views and engage in respectful dialogue.
Advice: A Call for International Pressure
The international community, human rights organizations, and governments should exert pressure on Bahrain to uphold its international obligations and protect the rights to freedom of religion and expression.
Engaging in dialogue with Bahraini officials, raising awareness through media coverage, and calling for the release of individuals unjustly convicted can help to shed light on the issue and hold the government accountable.
States that have diplomatic relations with Bahrain should use their influence to emphasize the importance of human rights and the need to protect freedom of religion and expression within the country.
Moreover, human rights organizations and civil society groups should work together to raise awareness about cases like Al Tajdeed and advocate for the rights of those who face persecution for expressing their views on religion.
By standing up for the rights of individuals like Jalal al-Qassab and Redha Rajab, we can contribute to the promotion of freedom of religion and expression worldwide.
<< photo by Robbin Grimm >>
The image is for illustrative purposes only and does not depict the actual situation.
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