Workshop 1: Freedom of Religion or Belief vis-à-vis Freedom of Expression

Abstract

1. The freedom of faith thought and conscience is made up of 2 elements: 1.1 the right to profess a faith of choice, or not to—; AND 1.2 the right to practice i.e. to manifest one’s faith. 2. That the freedom of expression plays an integral role in the free exercise of religion is seen from the following analysis: 2.1 the free exercise of religious choice can only be meaningfully achieved where there is a freedom to manifest one’s religious choices: a. in choosing one faith over the other, or to not have a faith at all; b. in practicing a particular faith in a particular way e.g the rejection of Ahmadiyas or Shi’ites as Muslims in particular communities (Malaysia/Indonesia). 2.2 Violations of religious freedom more usually take the form of any of the following: a. Regulation by the State of religious matters: • Definitions of religion/religious principles/believers—this necessarily excludes or limits the diversity inherent in the freedom; • Moral policing based on religious values (as distinct from general restrictions aimed at protecting public morals); and/or • The creation and empowerment of a ‘clergy’ class with virtually absolute power over definitions and discourse through legal provisions which give them such authority and/or which make questioning authority and rulings/edicts (or disobeying the same) offences.