Freedom of Expression, Opinion, and Belief

Concept of “Right to Freedom of Expression, Opinion, and Belief”

The Right to Freedom of Expression, Opinion, and Belief refers to the fundamental human rights that protect individuals’ abilities to express their thoughts, opinions, and beliefs without interference, censorship, or persecution. These rights are considered essential for the promotion of individual autonomy, democratic governance, and the free exchange of ideas and information within a society.

Right to Freedom of Expression

The Right to Freedom of Expression encompasses the right of individuals to express themselves freely through various means, including speech, writing, art, media, and other forms of communication. It ensures that people can openly share their ideas, thoughts, and information without fear of retribution or punishment from the government or other authorities. This right allows for the dissemination of diverse viewpoints and opinions, contributing to informed public debate and the exchange of information.

Right to Freedom of Opinion

The Right to Freedom of Opinion guarantees that individuals have the freedom to form their own beliefs, ideas, and viewpoints without coercion or interference from external sources, including the government or social pressures. It ensures that people can hold diverse and dissenting opinions, even if they differ from prevailing societal norms or official ideologies.

Right to Freedom of Belief

The Right to Freedom of Belief, also known as the Right to Freedom of Religion or Conscience, protects an individual’s right to hold religious or non-religious beliefs and to practice or manifest those beliefs without fear of discrimination or persecution. It safeguards the autonomy of individuals to choose their faith or belief system and to engage in religious practices or rituals of their choosing.

These rights are enshrined in various international human rights instruments, such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and regional human rights treaties. Pakistan’s Constitution also protect these rights, recognizing their importance in upholding democratic values and respecting the dignity and diversity of all individuals.

However, it’s important to note that these rights, like all human rights, are not absolute and can be subject to certain limitations. For example, freedom of expression may be restricted to prevent hate speech, incitement to violence, or defamation. Balancing these rights with other legitimate interests, such as public safety or the rights of others, is often a complex and challenging task for legal systems and policymakers. Nevertheless, these rights remain crucial pillars of a just and democratic society, fostering open dialogue, mutual respect, and the flourishing of individual liberties.

International Human Rights Instruments of the Right to Freedom of Expression, Opinion, and Belief

There are international human rights treaties and instruments that address the right to freedom of expression, opinion, and belief, including:

Universal Declaration of Human Rights (UDHR)

Article 19 of the Universal Declaration of Human Rights (UDHR) upholds the essential right to freedom of expression and opinion. It recognizes that everyone has the right to hold opinions without interference and to express those opinions freely. This right encompasses seeking, receiving, and imparting information and ideas through any medium, be it spoken, written, or artistic expression. The UDHR firmly protects the right to express oneself without fear of censorship or repression, promoting an open and pluralistic society where diverse perspectives can be freely shared and respected.

International Covenant on Civil and Political Rights (CCPR)

Articles 18 and 19 of the ICCPR protect the rights to freedom of thought, conscience, religion, and expression. Article 18 ensures that individuals have the freedom to adopt any religion or belief of their choice and to manifest it through worship, practice, and teaching. Coercion that interferes with this right is prohibited. Article 19 guarantees the right to hold opinions without interference and the freedom of expression to seek, receive, and impart information and ideas through any media.

International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) focuses on the obligation of State parties to prohibit and eliminate racial discrimination and promote understanding, tolerance, and friendship among different racial and ethnic groups. The article calls on States to undertake measures to combat racist ideologies and ensure that public authorities and institutions act against racial discrimination.

Convention on the Rights of the Child (CRC)

Articles 13 and 14 of the CRC enshrine the fundamental rights of children to freedom of expression, thought, conscience, and religion. Article 13 recognizes children’s right to seek, receive, and impart information and ideas through any media, fostering their ability to express themselves and engage in societal dialogue. In parallel, Article 14 upholds children’s autonomy in matters of belief and religion, ensuring they have the freedom to form their own convictions and practice their chosen faith, taking into account their age and maturity while respecting the rights of others.

International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

ICERD does not have specific articles on Freedom of Expression, Opinion and Belief as separate headings, the principles of these rights are addressed within certain provision of the convention. Subsection (e) of Article 5 specifically mentions the obligation to combat racial discrimination in various areas, including “(viii) the right to freedom of thought, conscience, and religion.

Situation in Sindh

The Constitution of Pakistan grants citizens the freedom of expression under Article 19 by stating

“Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security, or defense of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, the commission of or incitement to an offense.“

Sindh government has established a legal framework that protects freedom of expression and the press including the Sindh Freedom of Information Act, 2006 and the Sindh Press, Newspapers, News Agencies and Books Registration Act, 2013.

Sindh also has set up institutions to promote freedom of expression such as the Sindh Information Commission which is responsible for enforcing the Sindh Freedom of Information Act, 2006. This commission ensures that citizens have access to information held by public bodies and that this information is made available to the public in a timely and transparent manner.

In addition to legal and institutional measures, the government of Sindh also supports a vibrant media industry that allows citizens to express their opinions through various media channels, including print, television, and radio. The government of Pakistan has also established regulatory bodies such as the Pakistan Electronic Media Regulatory Authority (PEMRA) which is responsible for regulating the electronic media and ensuring that it operates in a responsible and professional manner.

Observations and Recommendations of Treaty Bodies 

The Human Rights Committee issued Concluding observations on the initial report of Pakistan on the compliance of International Covenant on Civil and Political Rights on 23 August 2017 stated

Observations on freedom of religion, conscience and belief 

‘The Committee is concerned by the blasphemy laws, including sections 295 and 298 of the Pakistan Penal Code, that carry severe penalties, including the mandatory death penalty (sect. 295(C)), and reportedly have a discriminatory effect, particularly on Ahmadi persons (section 298 (B) and (C)); by the very high number of blasphemy cases based on false accusations and by violence against those accused of blasphemy, as illustrated by the case of Mashal Khan; and by repeated reports that judges who hear blasphemy cases are frequently harassed and subjected to intimidation and threats. While noting the judgment of the Supreme Court of 19 June 2014, the Committee regrets the absence of information on the implementation of that judgment, and remains concerned by the continued reports of hate speech and hate crimes against persons belonging to religious minorities and their places of worship and by the religiously biased content of textbooks and curricula in public schools and madrasas (arts. 2, 14, 18 and 19).” (Para 33)

Recommendations on on freedom of religion, conscience and belief

The State party should: (a) Repeal all blasphemy laws or amend them in compliance with the strict requirements of the Covenant, including as set forth in the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression, para. 48; (b) Ensure that all those who incite or engage in violence against others based on allegations of blasphemy, as well as those who falsely accuse others of blasphemy, are brought to justice and duly punished; (c) Take all measures necessary to ensure adequate protection of all judges, prosecutors, lawyers and witnesses involved in blasphemy cases; (d) Ensure that all cases of hate speech and hate crimes are thoroughly and promptly investigated and that perpetrators are prosecuted and, if convicted, punished; (e) Review school textbooks and curricula with a view to removing all religiously biased content, incorporate human rights education therein and continue to regulate madrasas; (f) Fully implement the judgment of the Supreme Court of 19 June 2014.

Observations on Freedom of expression

The Committee is concerned that defamation is criminalized and can be punished with imprisonment, and concerned by reports that criminal laws are improperly used against journalists and dissenting voices. It is also concerned by reports of the way in which the Pakistan Electronic Media Regulatory Authority exercises its powers over the content of media outlets, including suspending over 20 programmes in the past four years; and the lack of clarity about procedural safeguards and oversight mechanisms to ensure that the Regulatory Authority exercises its powers in a way consistent with the principle of freedom of expression. It is further concerned, despite the measures taken by the State party, by repeated reports of disappearance, killing and intimidation of journalists, human rights defenders and lawyers by State and non-State actors and the low rate of prosecution and conviction of perpetrators (arts. 6, 7 and 19).

Recommendations on Freedom of expression

The State party should decriminalize defamation, and ensure that imprisonment is never a punishment for defamation and that criminal laws are not improperly used against journalists and dissenting voices. It should also review its legal provisions relating to freedom of expression, including article 19 of the Constitution, the rules applicable under the Pakistan Electronic Media Regulatory Authority (Amendment) Act 2007 and the code of conduct for programmes and advertisements for broadcast media and distribution services, with a view to putting in place effective oversight mechanisms and procedural safeguards and bringing these provisions into line with article 19 of the Covenant. Furthermore, it should promptly and thoroughly investigate all reported cases of harassment, disappearance and killing of human rights defenders, bring the perpetrators to justice and intensify its efforts to ensure a safe and favourable environment for the work of journalists, lawyers and human rights defenders.

Observations on Freedom of assembly and association

The Committee is concerned that the Policy for Regulation of International NonGovernmental Organizations in Pakistan may, contrary to its intention, constrict the registration of international non-governmental organizations (NGOs) and their activities. It is particularly concerned by the broad and vague grounds for cancellation of the registration of these organizations (arts. 18, 19 and 22).

Recommendations on Freedom of assembly and association

The State party should review its legislation on the registration of international NGOs with a view to bringing it into line with article 22 of the Covenant.