Module 9: Stigmatization and exclusion

Full text of commitment IX

Context

Some religious actors, deliberately or inadvertently, judge other people’s faith in a manner that may lead to violence or discrimination in the name of religion. While theological and doctrinal divides should be avoided (see the five principles of the Beirut Declaration), combating the manipulation of religions is at the heart of this toolkit, even when such manipulation claims theological grounds. Too many alarming incidents have passed unacted upon for too long, often targeting artists, dissidents and defenceless people. Violent extremist groups play on prejudices and use them skilfully. Claiming religious grounds for offering a bounty on killing an alleged blasphemer/apostate plants negative stereotypes about particular religions or communities in the subconscious of millions of people. This also sows the seeds of prejudice against religious minorities and may lead to discrimination against migrants and asylum seekers as well as people living with stigmatising diseases such as HIV Human rights violations in the context of HIV for example include the criminalisation and enactment of punitive laws as well as stigma and discrimination in the workplace and in healthcare services, gender inequality, and the denial of access to HIV services.

Additional supporting documents

In support of the peer-to-peer learning on commitment IX, the training file should include: the Amman Message; A Common Word; and the 2014 Constitution of Tunisia (Article 6: “The state is the guardian of religion. It guarantees freedom of conscience and belief, the free exercise of religious practices and the neutrality of mosques and places of worship from all partisan instrumentalisation. The state undertakes to disseminate the values of moderation and tolerance and the protection of the sacred, and the prohibition of all violations thereof. It undertakes equally to prohibit and fight against calls for Takfir and the incitement of violence and hatred.”).

In this context, reference could also be made to the 2019 mission report on Tunisia by the Special Rapporteur on freedom of religion or belief, Ahmed Shaheed: “Tunisia has experienced a number of violent incidents carried out in the name of religion in the post-revolutionary period. During the first three years of the revolution, intellectuals, artists, human rights activists, journalists and politicians were the target of several attacks carried out by extremist individuals or groups driven by religious motives. The Government therefore faces legitimate challenges in formulating effective responses that counter violent extremism. As a tool of counter-terrorism, Law No. 26 of 7 August 2015 on countering terrorism and money-laundering criminalizes various types of expression.

Such offences include incitement to terrorism (art. 5); takfir, incitement to takfir and incitement to hatred among races, religions and sects (art. 14 (8)), and glorification of terrorism, and apology for terrorism (art. 31). Many of these measures, including a ban on incitement to violence among religions and races, are clearly fundamental to protecting the space for freedom of religion or belief. However, it is essential for these measures to be applied in strict conformity with a high threshold for prohibiting expression deemed to incite persons to discrimination, hostility or violence, as required by article 20 of the International Covenant on Civil and Political Rights. They must also meet the test of necessity, legitimacy and proportionality, as stipulated under article 19 of the Covenant.”

The facilitator may also refer to the International Guidelines on HIV/AIDS and Human Rights (2006), a selection of statements by religious leaders and international faith-based organizations about HIV and AIDS (2010), the Joint Statement by UN human rights experts on ending AIDS by 2030 (2016) and the World Council of Churches’ statement on Churches recommit to Accelerate HIV Response (2016).

Peer-to-peer learning exercises

Unpacking: Participants break down commitment IX into different elements and list what actions are required for upholding commitment IX, explicitly or implicitly (individual exercise for five minutes followed by ten minutes of full-group discussion on the differences between individual listings).

Linking the dots: This exercise aims at discussing the relationship between these elements, in particular how does commitment IX relate to commitment VII on incitement to hatred? Facilitators can also bring into the discussion, if participants do not, the whole range of complexities introduced by social media in this respect. Another provocative but important question by the facilitator could be whether the media strategies of violent extremists are smarter than that of “moderate” religious leaders and institutions, and why. Are terms such as “fundamentalist” and “moderate” accurate and helpful labels in this context? (Collective exercise for 10 minutes)

Critical thinking: Are participants in disagreement with any element of commitment IX? With which one and why? Are there any missing elements in this commitment? Is there a tension in practice between this commitment and freedom of expression as outlined in article 19 of the International Covenant on Civil and Political Rights?(Collective exercise for 20 minutes.)

Storytelling: Participants summarize situations that they witnessed pertaining to this commitment and how they handled them. In which ways can the “Faith for Rights” framework be of utility if such situations occur in the future? Which commitments serve them in this vein and how? In particular, has there been a situation where participants had to intervene in defence of a person who had been disqualified-- for example, subjected to Takfir? What type of discriminatory practice or incitement that are border-line Takfir are more likely to occur in the participants’ surroundings? Are such practices limited to the inter-religious level or can they also occur in an intra-religious form in the country where participants live? Who are the different actors in their respective areas and how can they do better to ensure respect for diversity? Provide examples of the positive or negative role played by the media, including social media, in this respect. (Collective exercise for 15 minutes)

Exploring: How can discrimination against those who hold dissenting views be redressed through religious values? What are the measures suggested in the Amman Message and A Common Word? What should be the reaction of a religious leader if someone’s religion or belief is disqualified in a manner that would expose him or her to violence in the name of religion? How do national laws and constitutions deal with Takfir, for example article 6 of the Tunisian Constitution? (General discussion for 15 minutes)

Tweeting: Summarize the commitment IX within 140 characters (individual exercise for five minutes).
One possible result of this tweeting exercise could be as follows: “We commit to condemn any judgemental determination that disqualifies the religion or belief of another individual or community, exposing them to violence in the name of religion”.

Translating: Similar to the tweeting exercise, participants could be asked to “translate” this commitment into child-friendly language or into a local dialect. Again the idea is to stimulate discussion about the most important elements and appropriate ways of transposing and simplifying the message, without losing the substance of the commitment.

Adding faith quotes: Participants will suggest additional religious or belief-based quotes in support of commitment IX (individual exercise for five minutes, followed by a reading from each participant of his added references). One example could be the following quote from Mother Teresa: “If you judge people, you have no time to love them.”

Responding to pandemics: With regard to HIV, the facilitator may also refer to the personal commitment to action, Together We Must Do More (2010 High Level Summit of Religious Leaders on HIV), signed by a number of faith leaders: “As a religious leader, I am convinced that my faith must be more visible and active to halt the spread of HIV and reverse this pandemic. For three decades now, HIV has continued to spread across all levels of our societies. Stigma and discrimination against people living with HIV continues to fuel ignorance, injustice, denial and hate. At this critical point in the epidemic, I need to be clear in my words and actions that stigma and discrimination towards people living with or affected by HIV is unacceptable. Fundamental to my faith is the respect for human dignity and the value of human life. Such respect and value is central to my response to HIV.”

Inspiring: Participants underline artistic expressions they know of that capture aspects of the commitment under discussion. A possible selection of artistic resources for consideration by facilitators could include paintings and music pieces dedicated to wars of religions which were initiated on the basis of Takfir.

Learning objectives

• Participants are reminded through this module that the freedom of conscience is an absolute freedom without any limitation whatsoever.
• Participants realize the potential risks involved in making sweeping statements related to apostasy and blasphemy and they become more conscious of the avoidable risks of judging someone’s faith.
• Participants realize their constant challenge to distinguish between preaching, coercing and judging others.

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