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'Irish blasphemy laws are a mild inconvenience. In other parts of the world, they're a matter of life or death'

As Vice-President responsible for the European Parliament’s dialogue with churches, religions and non-confessional organisations, I am increasingly being called upon to work on the crucial issue of freedom of religion or belief, writes Mairead McGuinness.

A FEW WEEKS ago, I had the honour of welcoming a young Sudanese woman, Meriam Ibrahim, to the European Parliament to speak at a conference I hosted to launch an annual report on Freedom of Religion or Belief.

Meriam is an extraordinary woman who was sentenced to death and served two years in a Sudanese prison, giving birth to her second child there. Her crime? Marrying a Christian man, considered apostasy against Islam under Sudanese law.

Movingly, Meriam told MEPs that she was a lucky woman as she was freed and able to start a new life in exile in the US. She urged us to concentrate on the countless women still in prison with death sentences hanging over them for similar “crimes”.

Condemned to death for blasphemy

One such woman is Asia Bibi, languishing in a Pakistani jail since 2010, having been condemned to death for blasphemy. Following a dispute with some Muslim women in her village, they accused Asia, a Christian, of insulting the Prophet Mohammed. Appeals from the European Parliament and other bodies have fallen on deaf ears.

In Pakistan politicians who dare to speak out against that country’s blasphemy laws become the subject of fatwas themselves; even to discuss repealing the law has been deemed blasphemy by the religious authorities.

Two such politicians – the Governor of the Punjab, Salmaaan Taseer, and the Minister for Minorities, Shahbaz Bhatti – were assassinated in 2011. Both men sought to defend Asia Bibi.

In May this year an Indonesian court imposed a two-year prison sentence on Basuki Tjahaja Purnama (known as Ahok), the outgoing governor of Jakarta under the Islamic country’s draconian blasphemy laws. Ahok’s “crime” was to have cited the Koran during an election speech, as he sought to persuade Indonesians that there was nothing in Islam to prevent them voting for him, a Christian.

As the false accusations provoked violent Muslim demonstrations against him, he was also convicted of “incitement to violence”. Ahok’s sentence is “light” compared to what can be handed down in other countries.

Efforts to defend religious freedom

At another European Parliament conference on freedom of religion or belief, a speaker from the EU’s External Action Service told us of their efforts to defend religious freedom – a core European value enshrined in the EU’s Charter of Fundamental Rights. It was an opportunity to review the implementation of the EU’s Guidelines on Freedom of Religion and Belief, adopted by Foreign Affairs Ministers of the 28 member states three years ago.

It is worth citing from the Guidelines the justification for EU action on religious freedom:

As a universal human right, freedom of religion or belief safeguards respect for diversity. Its free exercise directly contributes to democracy, development, rule of law, peace and stability.

All of these values listed are essential elements to our modern European societies. It is only natural that we should seek to promote them in other parts of the world.

The problem is when Europeans criticise the abusive blasphemy or apostasy laws in countries such as Indonesia, Pakistan, Sudan or a host of others, the local authorities frequently accuse us of hypocrisy. A very real difficulty referred to by diplomats, NGOs and human rights advocates at our conference, is that too many Western countries have their own blasphemy laws.

A study published in March this year by the Organisation for Security and Cooperation in Europe (OSCE) found that 20 participating states of this club of developed countries “can be considered to have criminal blasphemy laws or religious insult laws on the statute books”. The 20 include 12 EU member states, among which are Ireland, but also countries such as Denmark and Finland.

Irish blasphemy law

The recent Stephen Fry case in Ireland drew public attention to the Irish blasphemy law, introduced as recently as 2009 as a result of an earlier Supreme Court ruling. The underlying difficulty is the wording in Bunreacht na h-Éireann which provides that:

The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law.

As long as this wording remains in our Constitution, the Oireachtas will need to keep a law on the Irish statute books to give legal effect and clarity to what is constituted by blasphemy. This in turn runs the risk of vexatious cases being brought which ultimately limit freedom of speech and expression by their very shadow.

The obvious answer is to hold a referendum to amend the Constitution, which in turn will allow the law to be repealed. All of the main political parties, and all of the main churches in Ireland are in favour of such a change. Such a constitutional amendment is long overdue and would improve that part of the Constitution which in fact addresses citizen’s freedom of expression and conviction.

Religion remains an important facet of Irish life and central to the identity of very many Irish people. Their freedom to openly practice their faith must always be legally protected and should be respected. However, there are adequate ways to do this under other laws, such as those against incitement to violence or hatred, anti-discrimination provisions, property laws etc.

But beyond Ireland, where no citizen has actually been prosecuted since the introduction of the 2009 law, removing blasphemy from our statute books would increase our moral authority to push for such laws to be repealed worldwide. As Vice-President responsible for the European Parliament’s dialogue with churches, religions and non-confessional organisations, I am increasingly being called upon to work on the crucial issue of freedom of religion or belief.

Blasphemy laws in Ireland or other EU countries may be a mild inconvenience from time to time. In other parts of the world, they can be a matter of life or death. Ireland should set an example by undertaking this necessary reform and then we should urge our EU partners to follow suit. This is a good opportunity for Ireland to show leadership on a fundamental human rights issue.

Mairead McGuinness MEP is First Vice-President of the European Parliament with responsibility for the European Parliament’s dialogue with churches, religions and non-confessional organisations.

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64 Comments
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    Mute abcyz
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    Jun 21st 2017, 9:41 AM

    The pressure of exams is not nice. Peer pressure is awful in this country too. If you are poorest in a countryside school that doesn’t have deis status and your parents can’t afford the school “voluntary” contribution who could be literally embarrassed to death for the money by teachers nevermind fellow bullying students.

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    Mute cortisola
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    Jun 21st 2017, 10:28 AM

    @abcyz: Wait till you go to work…

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    Mute Jim
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    Jun 21st 2017, 11:27 AM

    Thanks to the lack of education and awarness, our little country is in the stone age when it comes to the myriad of mental health issues. Much like we were for those with special needs back in the 80s. There seems to be an attitude of, unless you have a problem that is physically visable or can be diagnosed, then anything else is your own problem. Addiction is rife in this country, alcohol, drugs both prescription and non, gambling, sex and the list goes on. Depression, anxiety, as well as other more specific mental issues. The reality..Unless you are strong willed or have funds for private help, you have a good chance of ending up in a morgue. This is the sad truth. To those suffering in silence ending up there is NOT the best option. What you are going through will pass, this is certain.

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    Mute Nick Drake
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    Jun 21st 2017, 12:47 PM

    @Jim: Jim you are pretty much talking out of your hat, if may say so.

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    Mute Jim
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    Jun 22nd 2017, 12:19 AM

    @Nick Drake: Be a tad more specific Nick. Your comment lacks any sort of counter suggestion.

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    Mute Jim
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    Jun 22nd 2017, 12:26 AM

    @Nick Drake: and while you are at it, can you tell me how long the public waiting list is for any individual seeking a mental health professional? Where is their first port of call? You do realise that mental health issues arent cured with a chat and a cup of tea…They require the correct professional, competent in the individuals needs…So lets say i am an alcoholic that also suffers with severe depression. I am working part time….where will i go Nick…the clock is ticking? You my friend are the one talking out of your hat. Where as I see the nett results of this scenario every day.

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    Mute billy Dorney
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    Jun 21st 2017, 2:04 PM

    Very sad ,hard topic,as a father,i can see ,today’s teens,are under awful pressure,from peers,us parents,and society,as a whole,social media most of all

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    Mute Linda Hughes
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    Jun 21st 2017, 10:18 AM

    This country needs a kick in the ass when it comes to mental health. Just because you can’t see a physical injury doesn’t mean that the person isn’t suffering. Not been able to understand or talk about how you are feeling is crippling and to have text book people patronising you is so damaging. When you feel so down and alone in the blackness of your mind all you need is for someone to understand what is going on for you, “I know I’ve been there and still struggle every minute of every day ” there are more suicide’s than there are road deaths and yet all the media keep pushing it in your face! For all the families out there that have been affected by suicide don’t feel ashamed or blame yourself it wasn’t you’re fault at all!

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    Mute billy Dorney
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    Jun 21st 2017, 6:27 PM

    @Linda Hughes: good points boy,but I think we’re getting there,albeit,snail slow,wouldn’t/couldn’t discuss this on an open forum like this a few years back

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