Cultural divide

The Charlie Hebdo sequel continues to reverberate in and outside the Arab and Muslim worlds, and to raise more questions that need answers.

One of the lingering questions is whether there should be limitations on the right to freedom of expression, with the world almost evenly divided on what that really means.

His Holiness Pope Francis joined the Arab and Muslim worlds in saying that freedom of expression has limits and must, under no circumstance, mean licence to defame or ridicule religions or their symbols.

The position of the Vatican may help tilt the balance in favour of those who want religions to be spared any form of ridicule.

French President Francois Hollande, on the other hand, told the critics of the French notion of freedom of expression that the protesters do not “comprehend the French attachment” to freedom of expression and thought, which is part of the French culture.

It seems there is a deep cultural divide between the West and other parts of the world on the limitations on or the lack of the right to free expression.

The International Covenant on Civil and Political Rights offers some guidance on how to view the right to free expression and what limitations can be imposed on it.

The ICCPR is generally viewed as the main point of reference on basic freedoms.

Article 18 of ICCPR talks about the right to freedom of thought, conscience and religion.

Article 19 talks about the right to hold opinions and the right to freedom of expression.

The only limitation on the exercise of these basic rights are to be found in Paragraph 3 of Article 19, which stipulates that the exercise of these rights “carries with it special duties and responsibilities”.

This paragraph continues to state that any such limitations “must be prescribed by law and are necessary for the respect of the rights or reputations of others or for the protection of national security or of public order or of public health or morals”.

Assuming that countries can agree on an interpretation of the provisions of ICCPR on the rights to freedom of expression, freedom of thought and the freedom to hold opinions, which is not the case, how is the international community going to agree on the extent of the parameters of these restrictions and to what extent these limitations may go to stop periodicals like Charlie Hebdo from claiming to depict a religious symbol or prophet of any given religion?

The international community has to reckon not only with the ICCPR and any interpretations rendered on these rights by the UN Human Rights Committee, but also with the juridical positions of the highest courts of various countries on the dimensions and limitations of the freedom of expression.

The court systems in almost all Western countries would most probably strike down any restriction on the right of expression that would satisfy the Arab and Muslim worlds.

Eventually, the international community must come to grips with the fact that the world is deeply divided culturally, over and above the religious, political, ethnic and racial divisions.

When Hollande said the protesters against Charlie Hebdo do not understand the French attachment to freedom of expression, he may have touched the most sensitive issue dividing the international community.