The Jakarta Recommendations are the outcome of discussions at a regional consultation on “Expression, Opinion and Religious Freedoms in Asia”, held in Jakarta, Indonesia on 3-5 June 2015.

Ain o Salish Kendra participated at this regional consultation during 3-5 June 2015 where over 140 people, comprised of experts, including the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, as well as human rights defenders and civil society activists from across Asia, were present.

Recommendations

Governments and State Institutions should:

I. Ensure the protection of freedom of expression in the context of religion for all individuals and all communities at all times, by recognizing that freedom of expression is essential to sustaining a pluralistic society and by respecting all religious belief and opinions, creating an enabling environment for the exercise of freedom of expression in the context of religion, implementing laws, and accompanying policy measures relating to freedom of expression in the context of religion in a non-discriminatory manner especially in relation to women & LGBT people.

On Legal Reforms:

II. Ensure that core legal instruments such as the constitutions provide for equal status to all religions and beliefs, protect freedom of expression online and offline, in accordance with international human rights norms and standards;

III. Repeal laws at the national and sub-national levels that criminalize ‘defamation of religion’, ‘insult to religion’, ‘blasphemy’, apostasy, as per the Rabat Plan of Action;

IV. Repeal laws at the national and sub-national levels that criminalize the expression of sexuality as well as laws imposing dress codes, including in the name of religion;

v. Revise and strengthen existing anti-discrimination legislation to meet universal standards towards substantive equality across all groups, communities, men and women;

VI. Revise hate speech laws or adopt law on incitement to hatred that may result in violence, hostility and discrimination, based on article 20 of the ICCPR and the recommendations of the Rabat Plan of Action. In particular, such laws should only be applied in situations of imminent violence. They should be implemented in a non-selective, non-arbitrary and transparent manner. They should not be used to stifle dissent or the legitimate exercise of freedom of expression;

VII. Allow and enable religious minorities’ parliamentarians to raise issues relating to freedoms of expression and religion, and the intersection of these rights, in the parliament and other fora;

On Justice and Policing:

VIII. Condemn and prevent, without discrimination, all instances of violations of freedom of expression in the context of religion and incitement of hatred resulting in violence, including those uttered and disseminated in the name of religion;

IX. Refrain from promoting or disseminating incitement of hatred, including in the name of religion, and from censoring individuals engaged in the legitimate exercise of their freedom of expression. This includes ensuring that media and telecommunications regulators, education and agencies concerned with religion abide by this principle;

X. Bring perpetrators of violations of freedom of expression in the context of religion and of extra-judicial actions in the name of religion to justice, and end the culture of impunity;

XI. Monitor court, prosecutorial, and police conduct to make sure the rule of just law is upheld;

XII. Protect and promote artistic, cultural and intellectual expression, and prevent arbitrary curbs or attacks through judicial or extra-judicial means; and

XIII. Sensitize and train security forces, law enforcement agencies and judicial fraternity at the national and state levels on issues relating to freedom of expression in the context of religion.

Judiciary and Legal Community should:

I. Initiate legal reform of laws relating to freedoms of expression and religion, and the intersection of these rights, either through strategic litigation or through suo-moto processes; and

II. Ensure that the limitations placed on freedom of expression in the context of religion are legitimate, necessary, and proportional and meet international standards.

International and Regional Mechanisms/Bodies should:

I. Increase focus on, and resources to, the human rights issues and violations at the intersection of freedoms of expression and religion;

II. Follow up and assess the implementation of Resolution 16/18 and Rabat Action Plan;

III. Develop specific indicators for States in relation to its duty to protect freedom of expression in the context of religion;

IV. Specifically, the relevant UN Special Procedures mandate holders (in particular, but not exclusively, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the UN Special Rapporteur on freedom of religion or belief; the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the UN Special Rapporteur on the situation of human rights defenders) should:

• Highlight the issue of freedom of expression in the context of religion by including violations and trends in their thematic reports and statements;
• Highlight cases of state and public persecution or victimization specifically due to the practice of freedom of expression in the context of religion in communications to governments; and
• Strengthen their cooperation on the issue of freedom of expression in the context of religion, including through joint statements.

Jakarta-Recommendations