Blasphemy Laws and Allegations: Commonwealth Countries

Brendan O'Hara Excerpts

Tuesday 11th October 2022 Westminster Hall

[Brendan O'Hara (Argyll and Bute) (SNP)]

Thank you, Sir Charles. It is a pleasure to see you in the Chair for this morning’s debate, and I thank the hon. Member for Strangford (Jim Shannon) for securing it. I agree with him that it will come as a surprise to many people in the UK that 79 countries across the world still have blasphemy laws on their statute books, and that 26 of those are members of the Commonwealth; that is almost half of the membership. As we have heard, where blasphemy laws are in place, they are all too often used to target religious or non-religious minority groups. They are also commonly used to discriminate against ethnic minorities, to facilitate land seizures, or as a convenient way to settle personal disputes. Blasphemy laws are also often used as an excuse to legitimise extrajudicial violence, particularly when someone accused of blasphemy is acquitted through the courts or the police choose not to file charges. In those cases, blasphemy laws have given a cloak of legitimacy to the mob, which has used them as a green light or a call to arms to take matters into its own hands when it feels the judicial process is not delivering the answer it wants.

We have seen far too many cases of mob violence against individuals or minority communities, including, as we have heard from the hon. Members for Congleton (Fiona Bruce) and for Strangford, the case of young Deborah Samuel in Sokoto in Nigeria in May. Because of comments she made on a student WhatsApp group, Deborah was declared a blasphemer. She was brutally beaten and stoned before being burned in a pile of tyres, while others recorded the whole sickening event on their mobile phones. Despite that evidence going viral around the world, only two students have been arrested for Deborah’s death, and they have been charged not with murder but with criminal conspiracy and disturbing the peace. It is an indication of the degree of support they enjoy that, following their arrest, the mob turned out again to demand their release from custody. Sadly, history tells us not to expect too much in the way of justice for Deborah, because the culture of impunity that usually accompanies such crimes will likely mean that the perpetrators of this awful murder face few or no consequences for their actions.

As the hon. Member for Strangford said, two weeks after Deborah’s murder we were in Nigeria. We spoke to religious groups, secular groups, charities, non-governmental organisations and regional and federal Government. Nigeria is a deeply religious country that, in numerical terms, is almost evenly split between Christians and Muslims, but there are also those who follow traditional African religions and those who have no religious faith—humanists. In a country so divided along religious lines, Nigeria’s humanists need someone to defend their corner, particularly after the jailing of Mubarak Bala, the president of the Humanist Association of Nigeria, who was imprisoned for 24 years for blasphemy on his Facebook page. It is a remarkable and totally unjustifiable punishment for something that most of us would not even recognise as a crime or offence. Some of our delegation spent time with Mubarak’s wife and young child while we were in Abuja, and we promised them we would raise Mubarak’s case and the length of his sentence at every opportunity in this place. I would appreciate it if the Minister updated us with the latest from the Foreign, Commonwealth and Development Office, and told us what it is doing to help secure the release of Mubarak Bala.

As we have heard from the hon. Members for Congleton and for Strangford, Nigeria is not the only senior member of the Commonwealth where blasphemy laws are being used, or where even the accusation of blasphemy can be fatal; the picture is similarly bleak in Pakistan. I am pleased that the hon. Member for Congleton raised the case of the American citizen Tahir Naseem, who in 2020 was shot dead inside a courtroom while standing trial for blasphemy. Tahir was from the Ahmadiyya Muslim community, the only religious community to be explicitly targeted by Pakistan’s laws on the grounds of its faith. Over the years, its members have been relentlessly harassed, denied their civil rights, murdered and officially declared non-Muslim. The murder of Tahir brought thousands out on to the street, not in protest but in support of his murderer, a teenager who had somehow managed to get a loaded gun through three separate security checks before shooting Tahir multiple times. Tahir was a US citizen, and the State Department was unequivocal in its condemnation, saying that he

“had been lured to Pakistan from his home in Illinois by individuals who then used Pakistan’s blasphemy laws to entrap him.”

As we have heard, arguably the most high profile case in recent years has been that of Asia Bibi, the Christian woman who in 2010 was arrested and given a death sentence following a dispute with her neighbour who claimed that she had insulted the Prophet. It took eight years for the Supreme Court to acquit her because of lack of evidence, but even then her family were forced into hiding, and a cleric put a bounty of half a million rupees on her head for anyone who would kill her. The Asia Bibi case shone a light on Pakistan’s blasphemy laws, but rather than opening up the debate on their use and purpose, those who dared to question their very existence were themselves deemed guilty of blasphemy, and Salman Taseer, the governor of Punjab province, and the country’s religious Minister, Shahbaz Bhatti, were both murdered after calling for blasphemy law reform in 2011.

The stark reality is that, as Omar Waraich, head of south Asia at Amnesty International, pointed out, in blasphemy cases in Pakistan

“an accusation becomes a death sentence, whether carried out by the state or by mobs of vigilantes.”

The hon. Member for Strangford was therefore absolutely right to question how the continued existence and widespread use of blasphemy laws in so many Commonwealth countries can sit in an organisation whose own core values and principles say that it is there to support

“tolerance, respect, understanding, moderation and religious freedom”.

That blasphemy laws still exist in almost half the countries of the Commonwealth is of huge concern, but the manner in which they are being used as a tool of repression is deeply alarming, whether that is through the courts or the unofficial green light to the mob.

[Jim Shannon]

One of the problems, which the hon. Gentleman clearly referred to, is the fact that lawyers and even judges are often frightened to accept blasphemy cases. At the highest level of the law of the land, people are afraid. Does he agree?

[Brendan O'Hara]

There is ample evidence that lawyers and judges are intimidated by the rule of the mob. We have to be part of addressing that to find a solution. I have great sympathy for the argument that we should press for immediate abolition, but the reality on the ground is much more complex and nuanced. Like so much across the Commonwealth, blasphemy legislation is a direct product of British colonialism, because we put much of the blasphemy legislation in place many years ago. The legal precedent for blasphemy laws originated here. At the time it was thought convenient to put a range of other legislation in there, too, meaning that all too often blasphemy covers much more than what we would consider to be blaspheming. Rather than reaching for the wrecking ball, perhaps we have to use diplomacy, international law and solidarity with these persecuted people to bring about positive change. That should start with the Minister calling on all Commonwealth countries who currently have people imprisoned for blasphemy to release them immediately, starting with Mubarak Bala.

The UK must play its part in offering asylum to the people, and their families, who have been accused of blasphemy and who are at grave risk of extrajudicial violence. The UK should encourage countries as they move to repeal, and we must ensure that they start to decouple all offences that are not blasphemous but that have historically been covered by blasphemy legislation. The UK should condemn unreservedly any legal system in which individuals can be accused, arrested, convicted or demonised on little or no evidence where it is clear that a personal vendetta is a motivating factor. As we work towards the eventual abandonment of all blasphemy legislation across the Commonwealth, the UK has to insist that, as an absolute minimum, no one can be convicted of blasphemy unless there is intent to cause offence, or insult can be proven, because right now people are being convicted of so-called crimes that they were totally unaware they had even committed.

The widespread use of blasphemy laws and the awful human cost that that brings with it can have no place in an organisation that claims to have the promotion of

“tolerance, respect, understanding, moderation and religious freedom”

as its core values. While I share the desire to see these laws abolished immediately, given the complexity of the situation, getting rid of them can be best achieved by supporting, pressuring, cajoling, incentivising and calling out regimes that use blasphemy laws in this way.

--- Later in debate ---

[Vicky Ford]

The hon. Member makes a strong point. As I said just now, the sultan of the area condemned that act as criminal. We condemn all violence against civilians in Nigeria. Christians have been victims of violence, but civilians of all faiths—including many Muslims—have also suffered devastating harm at the hands of extremist groups.

Mubarak Bala was, as Members have mentioned, arrested in 2020 for alleged blasphemy and has been sentenced to 24 years in prison. I have raised this case personally with the Nigerian Foreign Minister, to whom I have stressed that defending freedom of religion or belief—including non-belief—is a human rights priority. We are following Mr Bala’s case closely, and last week officials from our high commission in Abuja again raised his case with the National Human Rights Commission of Nigeria.

I know that hon. Members have a keen interest in our broader work on such issues, so I will highlight three pieces of work. First, we are collaborating with and influencing international partners because we know that we cannot bring positive change alone. In March last year, we joined Australia and 50 other countries in a statement condemning the existence of the death penalty as a punishment for blasphemy. In July this year, we hosted the international ministerial conference on freedom of religion or belief here in London. I thank in particular my hon. Friend the Member for Congleton (Fiona Bruce) for the huge amount of work she did for that conference, which brought together more than 100 faith and belief leaders and human rights actors, and, I believe, delegations from 100 different Governments, including from around the Commonwealth. The sessions provided opportunities for participants to delve into the challenges created by blasphemy laws and their impact on freedom of expression and freedom of religion or belief.

Secondly, we are actively working with multilateral organisations such as the International Religious Freedom or Belief Alliance, which is chaired very ably by my hon. Friend the Member for Congleton.

Thirdly, we are working with the G7 and the United Nations to ensure that states uphold their human rights obligations. Just over a fortnight ago, for example, my noble Friend Lord Ahmad spoke at the United Nations urging the international community to call out Iran for systematically targeting members of minority communities, to press Afghanistan to protect minorities who are targeted for their beliefs, to challenge the discriminatory provisions in Myanmar’s citizenship laws, and to hold China to account for its egregious human rights violations in Xinjiang.

Finally, we are working hard to bring diplomacy and development together on these issues. During the international ministerial conference, my noble Friend Lord Ahmad announced that the UK will extend the hand of partnership to countries that are prepared to take action on their freedom of religion or belief challenges, including by helping with funding or expertise to implement legislative changes. A number of Members, including the hon. Member for Strangford, mentioned the need to make legislative changes in some areas. We are also working with Advocates for International Development, a UK-based non-governmental organisation, to match experts from across the UK with requests from willing Governments about implementing changes in blasphemy laws and access to justice, gender equality, health and education.

This is a complex area, but change is needed. The Government have a firm belief that no one should suffer because of what they believe or how they express their beliefs.

[Brendan O'Hara]

Before the Minister sits down, will she say a few words about what the Government have done to advocate on Mubarak Bala’s behalf directly with the Nigerian Government? When is the last time the Government spoke to the Nigerians about Mubarak?

[Vicky Ford]

As I said, I have raised the case directly with the Nigerian Foreign Minister, and officials from our high commission in Abuja again raised it with the National Human Rights Commission last week. We will continue to raise it, and I will certainly let the Foreign Minister know that the case of Mubarak Bala has been raised by Members of all parties. I thank them for their support on this journey.