Human Rights Council

PAN-AMERICAN MODEL
UNITED NATIONS 2015
Human Rights Council
Freedom of Speech in Asia

Dear Delegates,

Human Rights Council

Welcome to the Pan-American School Model United Nations Conference of

2015. My name is Julia Valente. I am a ninth grader at Pan-American School, and
I will be the chair for the Middle School Council 1. I have been a delegate, just like
you will be this year, and that is why my co-chair, Claudia Chaverri and I are
making our greatest effort in making it as interesting and fun as possible. We are
looking forward to this debate and working with you, hoping new ideas will be
exposed in order to find the best solution for our conflict. Fellow delegates, be
prepared for a heated debate while participating in an outstanding council at this
years conference.
As a part of the Middle School Council, you will defend and represent your
country in order to find an innovative and effective solution to the conflict. Our topic
for these two days of debate is Freedom of Speech in Asian countries. This right
was presented in the Universal Declaration of Human Rights (UDHR) and it has
been granted legal recognition in most nations. We will be covering and discussing
its origin, what it consists of, and the limitations when it conflicts to other rights,
and also its relationship to other rights.
Nowadays in society, people are being forbidden to communicate their
opinions and ideas, which causes them not to be able to defend themselves when
having problems related to poverty, discrimination, and cultural pressures. Your
task at the end of the debate will be to find a beneficial, and governmentally
permitted solution that will assure the right of freedom of speech for the Asian
population. We expect this debate to be intense, and for each one of you to
contribute to the ideas that will lead to the solution. Always remember that the
delegates who shine the most, will be commended via honorary mentions or the
best delegate award.
We trust you will enjoy the committee and give the best of yourselves to
achieve the objectives. You will also meet new people, develop new thoughts, and
ideas, too. Feel free to contact me or the co-chair with any questions you have.
Sincerely,
Julia Valente
Chair
julia.rabelo@panam.ed.cr

Claudia Chaverri
Co-chair
claudia.chaverri@panam.ed.cr

Introduction

Human Rights Council

In this conference you will

debate the human right of freedom of
speech. For being such a broad topic,
the focus will be on the performance
and lack of this essential human right
inside Asian countries. We will as a
committee analyze the origin of this
idea of freedom, when it was first
officially established, and the conflicts
and evolution it has gone through until
current days.
The idea that humans should
be able to express themselves freely
without restrictions has existed since
the times of Socrates, in 399BBC; by
then, it was just an abstract thought.
As years went by, this idea gained
solid shape inside the human mind,
and
after
going
through
an
evolutionary process, it turned into an
internationally known term. Freedom
of speech, as it is known worldwide
today is the right of every person to
communicate opinions, thoughts, and
ideas without being censored or
restricted by authorities. Although
people do not take into account
ancient times, the first official
document addressing freedom of
speech as an international human right
was in 1215 with the written version of
the Magna Carta, also known as the
Charter of Liberties. This charter was
the first one signed into law by King
John I of England. At those times it
was a legal document that limited the
power of the monarchy, which began a
tradition of civil rights in England,
leading to the foundation of the first Bill
of Rights 400 years later. The first bill
of rights, known as the English Bill of
Rights was written in 1689. It was the
first official law approved by

Parliament that limited the power of the

monarchy and declared the rights and
liberties of people by establishing
essential articles for the populations
wellbeing and justice. Some of the
most important articles, according to
the British law in the 1600s ensure: 1.
a frequently summoned Parliament
and free elections. 2. Members should
have freedom of speech in Parliament.
3. No armies should be raised in
peacetime. 4. No taxes could be
levied, without the authority of
Parliament. 5. Laws should not be
dispensed with, or suspended, without
the consent of Parliament. 6. No
excessive fines should be imposed,
nor cruel or unusual punishments
inflicted.
Besides
initiating
the
beginning of a double-sworded
discussion such as what freedom of
speech really is, the British Bill of
Rights also influenced and inspirated
the
Western
world,
American
countries, and the United States
Constitution.
The next step in the creation
construction of freedom of speech as a
human right was the Declaration of the
Rights of Man, written by the National
Assembly of the French Revolution in
1789. The development of this legal
document created a significant
advance for humanity, which was the
establishment of the right of
expressing ideas, opinions, and
thoughts to all citizens, and not only
the ones who formed part of the
Parliament. (Then, a couple of years
later came the step that spreaded the
establishment of freedom of speech as
a huma right into the rest of the world).
Entities created the First Amendment
in 1791, which states Congress shall
make
no
law
respecting
an
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establishment of religion, or prohibiting

the free exercise thereof; or abridging
the freedom of speech, or of the press;
or the right of people to assemble
peacefully, and to petition the
government for a redress of
grievances.
In Asian countries, freedom of
speech arrived late. The worlds
biggest continent, hence, the most
populated region has had trouble with
the development of this right amongst
its population because of the issues
presented. Corrupt governments,
diversity of cultures, traditions,
religions,
and
socio-economic
disparities are creating oppression and
discrimination among the inhabitants
of its countries. A rapid regression of
freedom of speech inside most of the
Asian regions is also leading to
violence. Journalists being killed for
expressing different opinions, violent
protests, and targeting minor religious
groups with the purpose of converting
them to other religions is part of the
current situation inside countries such
as Afghanistan, Malaysia, Maldivas,
and several others. Psychological
damage is also being caused to the
population, having as a result
intimidation and the decrease in the
regionss integrity. Immigration has
been considered one of the most
relevant causes for these responses,
since some natives do not accept
foreign variety within their countries.
The United Nations Human
Rights Council has been in charge of
turning this issue into a universal
situation since the beginning. After
World War II, this council was created
with the purpose of providing rights to
worlds entire population. For this, it
created the Universal Declaration of

Human Rights, whose Article 19 states

"everyone shall have the right to hold
opinions without interference" and
"everyone shall have the right to
freedom of expression; this right shall
include freedom to seek, receive and
impart information and ideas of all
kinds, regardless of frontiers, either
orally, in writing or in print, in the
Background Guide: Human Rights
Council Page 3 form of art, or through
any other media of his choice". It
establishes that these rights consist of
"special duties and responsibilities"
however, they may therefore be
subject to certain restrictions" when
necessary "for respect of the rights or
reputation of others" or "for the
protection of national security or of
public order (order public), or of public
health or morals".
With the development of new
religions, traditions, languages, and
other
customs,
nations
have
automatically developed a sense of
nationalism that causes them to adapt
to what they are used to inside their
own
region,
rejecting
foreign
influences. Personal opinions, most of
the time, overcome the obligation to
respect
and
provide
the
accomplishment of human rights by
allowing others to express themselves
without oppressing them. This fact
causes rights, mostly freedom of
speech to be considered a doublesworded topic, since it may either be
helpful, or cause damage depending
on the intention it is used for.
Our objective in this debate is to
have an encounter with spectacular
ideas that can provide the right of free
speech for the Asian population.
However, we must take into account
that any wrong action may lead to a
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revolution, and that the results may

eliminate any possibility of this right
being used for damage towards
others. In other words, we must also
look for peace, which consists of one
of our main duties.
History of the Committee

The UNHRC (United Nations

Humans Right Council) is an intergovernment body responsible for
promoting and protecting human rights
around the globe and to solve
situations in where the human rights
are being violated.
This organization has grown
significantly since its early days over
65 years ago. It started as a small
division of the United Nation
headquarters in the 1940s. The
council developed significantly when
the United Nation General Assembly
adopted the Universal Declaration of
Human Right on December 10, 1948.
After years of development it was
moved to Geneva and became the
Human Rights Center in the 1980s. In
1993 at the World Conference of
Human Rights, the international
community consider in having a higher
and better structure of the human
rights which included providing more
institutional support. The Human
Rights Council became official in 2006,
under the resolution 60/251 of the
United Nation General Assembly.
(Brief History of Human Rights
Council. n.d)
To become a member of the
council, a country must receive
approval from 96 of 191 member
countries of the General Assembly.
The council has space for 47 seats; 13

from Africa, 13 from Asia, 6 from

Eastern Europe, 8 from Latin
American and Caribbean, and 7 from
Western Europe and among others
groups. (Human Rights Council UN
Watch .2015)
The Human Right Councils
main purposes are the following:
to promote respect for the
protection of the human rights
to resolve affairs of violations
against the human rights
to promote a well formed
analysis to maintain the human
rights within the United Nations
structure
to promote the education and
awareness of the human rights
to make reference to the United
Nation General Assembly for an
extra
reinforcement
of
international laws with a relation
with human rights
to promote the responsibility of
each nation to promote about
the human rights obligations
and duties
to contribute, with dialogue and
alliance to prevent human right
violation and respond , toward
the prevention of human rights
violations and respond quickly
to human rights emergencies.
(Human Rights Council UN Watch
.2015)

History of the Problem

Since the idea of the necessity
of free speech in the ancient times, the
world has entered into a controversial
discussion on the topic of freedom of
speech as part of the Universal
Declaration of Human Rights. People
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Human Rights Council

around the world are often confused

whether freedom of speech is a right
worth keeping or a right that has
caused more damage than benefit.
Before World War II (1939 to
1945), the British Empire was the
largest one, and colonized several
countries in Asia. Yemen, the United
Arab Emirates, Iraq, Palestine, and
several other nations formed part of
the British colonization. Besides
Britain, other European powers such
as Portugal and Spain formed part of
the formation and development of
Asian countries.
Europeans were attracted to
the Asian continent because of its
economic
conditions.
Natural
environments provided them materials
such as spices, which helped the
creation of new industries in Europe.
As they stood inside Asian territories,
the Europeans, who were much more
developed, brought with them certain
traditions and religions that were
introduced to the region. Most
Europeans were Christians, which is
why some religions in Asia come from
a separation of followers from
Christianity. Food, languages, and
customs were also inherited by Asians
in order to contribute to their own
culture.
After
some
time,
more
Europeans were brought into the
region for military and political control.
The superior power they had over the
less developed Asian population gave
them the opportunity to use natives for
duties and obbligations that served
them as colonizers. A few of them had
relationships with natives, which then
led to a translation of power in the
future generations of Asia. The fixed

establishment of European colonizers

also created a powerful class, who was
then the one in charge of ruling and
guiding the rest of the people. After
some time, a combination of external
and internal religious, social, and
political influences led to the
separation of these aspects into many
that nowadays still form communities.
Minorities followed the steps of more
powerful groups thank to fear of
punishment from opposition.
After World War II, the
Universal Declaration of Human
Rights officialy established freedom of
speech as a human right in Article 19.
Since then, people were pushed
towards expressing their thoughts,
ideas, and opinions to the rest of
society.
However,
with
the
advancement
of
time
and
development of social relations,
people began using this right for
prejudicial purposes. Freedom of
speech began being used to judge and
oppress others, and prohibit external
populations from following religions,
governments, and ideals that opposed
their own.

Human Rights Council

Statement of the Problem

The
perception
of
the
importance of freedom of speech in
society has led countries around the
world to a controversial discussion on
the topic, as this right became part of
the Universal Declaration of Human
Rights. Asia is the continent with the
biggest variety of religious choices and
also the one that receives the most
immigrants from around the globe.
The creation of modern beliefs
and traditions that are being added to
ancient religions, tribes, and even
cities, are modifying the way people
think. When freedom of speech, or
expression was officially declared a
human right in England, not only Asian
countries, but also the rest of the world
thought of it as an opportunity to be
free in society.
Furthermore, with the passing
of time, this concept has been going
through transformations that have now
led to a revolution. People are using
the right of freedom of expression to
criticize without fear, oppress people
who
follow
different
religions,
discriminate the opposite gender, etc.
Asian
population
is
transforming a human right that was
supposed to benefit society into an
excuse to damage it.

Current Situation
The continuous development of
types of transportation such as highspeed trains, more powerful airplanes,
bigger ships, and also the international

spread of networks amongst the

population
have
influenced
a
significant increase in globalization.
This term represents the interaction
between people of different nations led
mostly by international trade. As a
secondary effect of international trade,
there is also the fact that cultures,
languages, traditions, ideas, and
mostly religions are being constantly
influenced by foreign ideals, which is
the basis for the issue of expression.
Being the worlds biggest continent,
Asia receives an approximate 53
million out of the 191 million
immigrants traveling around the world.
This interaction between a variety of
nations has caused Asia to go through
several issues related to the right of
freedom of speech in the XX and XXI
centuries.
As
the
population
and
globalization grow in Asia, there will be
a natural decrease in the nationalism
caused
by
the
influence
of
international immigration to Asian
countries. More people are voting,
sharing opinions in favor or against
political parties, and a bigger part of
the population is actually playing a role
in society. Asian countries are also
leading the world in religious diversity,
which is causing an interference
between the supposedly established
ways people should act, behave, and
think according to the ruling religions.
Hence, oppression currently occurs in
Asian countries.
In some Asian countries such
as Afghanistan, Myanmar, and central
Asian countries, a huge amount of the
population, especially women are
suffering from different kinds of
oppression that are violating their
human rights. The most common ones
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Human Rights Council

observed recently, are press and

journalism
oppression,
unequal
treatment and violence because of
different religions, women that follow
religions with strict rules being
obligated to wear clothes that cover
their whole body, foreigners being
prohibited from participating in
decisions inside Asian countries,
amongst others.
As a result of cultural heritage
initiated in some Asian countries,
women in Afghanistan are often
treated inhumanly by men and are
prohibited of realizing any actions that
do not follow the housewive model.
Rohyngias are being prohibited by
Arakans to reproduce because of their
different beliefs. Journalists are being
killed for the simple reason that they
express opinions publicly that do not
coincide with the bigger groups
opinions. And the worse, people are
being killed by a minor faction of
extremist groups such as the Jihads
because of the different beliefs and
cultures.
The situation in most East-Asia,
and central Asian countries has
become almost uncontrollable. What
was just an oppression inside family
houses is becoming something
common under societys view. People
are not only criticizing different points
of view, but also taking actions with
their own hands. Human rights are
being violated continuously, and it is
not only the freedom of speech right,
but also others related to it.
Bloc Positions
Pakistan: In Asia, the religion that has
accounted for more followers is Islam,
with 62% of the population being

Muslims. In Pakistan, since 2011 the

oppression against women has
increased significantly. Even though
most of it is religious oppression, the
situation is worse than it looks. Often
considered the weak gender, they are
often oppressed into the old fashioned
women role in society. They struggle
for basic rights, respect, and have
actions decided by male figures that
surround
them.
The
fear
of
underestimation and violence is
causing women not to report rapes,
acts of violence, and any other
violations to human rights. The
continuous oppression of these
womens opinions and thoughts is
leading to a view in the Pakistani
society about what roles can or cannot
be occupied by the female gender.
This is leading to the corruption of
freedom of speech and other rights
established by the United Nations.
Syria: Beginning in the 1900s, Syria
has been under the control of the
Alawis, who are a minority group of
Islamic followers that account for only
12% of the countrys population. They
practice a distinct belief of the religion
and categorize Prophet Mohammed
as a divine being. When the French
entered the country, they joined the
Alawis and shared with them the
power to fight against the Sunnis, who
are the majority group of Muslims in
Syria, Iraq and Iran. The current
presidency of Hafez al-Assad and his
family are all followers of the Alawis
and have continued the aggression
against the Sunnis. What this situation
has created is in a larger scale a
political oppression, causing the
population to be divided into major
groups of followers. People are being
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Human Rights Council

forbidden to support a single religion

because of the fear of being raped,
judged, or murdered by followers of the
opposite groups. Also, they are
becoming scared of sharing opinions
to society because of the fear of the
power of the governments actions.
People are not able to demonstrate
publicly the decisions they make, nor
who they want to support for a change
in society paths.
North Korea: Currently being under
the third generation of the Kim political
dynasty, the North Korean population
has been reported by the United
Nations to be one of the most harshly
oppressed countries in the world.
Compared to other countries in Asia,
the repression under the rule of Kim
Jong Un is extremely violent, including
punishments such as muder, rape,
torture, and forced abortions, among
others. The power of the government
has scared people into not sharing
opinions
that
contradict
the
governments ideals, because they
know if they do, secret prison camps
established inside the country will be in
charge of eliminating their right for life.
Briberies and threats of forced work
and punishment are prohibiting people
from expressing innovative ideas that
would develop the country faster. The
right of being taken into court of justice
is being removed from the population
by inducing the ideal that states how
execution is the punishment for any
crime committed against the state.
The oppression that begins
inside houses and small villages is
being taken into a larger scale. Fear
has caused information and travel to
be reduced into controlled media.
Besides being forbidden the right of

freedom of expression, people are

also lacking the option of abandoning
the harsh environment they live in.
International
traveling
and
communication that are not authorized
by the state are also considered a
crime, and hence, punished.
Saudi Arabia: For a country
considered to be leading the violation
of human rights in the world, religious
and gender oppressions are just few of
the harshest lacks of freedom of
expression inside the country. A factor
that has caused revolution inside
groups that go in favor of womens
rights is that women are assigned a
male guardian to follow them
throughout their daily life. From the
time they are born, women in Saudi
Arabia are taught to live with extreme
respect and fear for their male
companions.
They
are
clearly
forbidden of deciding and expressing
opinions about what they want to do by
themselves. Men often decide whether
they may or may not drive, vote, study,
or work, which leads from lack of
freedom of expression to a broader
violation of human rights. They are
forbidden from interacting with a male
figure that does not form part of their
family. This country has been drowned
into a large scale system of
oppression, where instead of receiving
the right of free expression, women
have to fight to receive it as a privilege.
Religious oppression is also
very common nowadays. The fact that
Islam is the major religious group has
caused non-muslims to be banned
from practicing different traditions and
beliefs, and also for them to be
restricted of their basic rights by the
government. Religious policies and
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Human Rights Council

separateness has led to a significant

increase in extremist groups that are
threatening opposite religions. People
are becoming afraid, hence, speaking
out less than they used to, given the
fear of a harsh punishment against a
right they should have.
Afghanistan: The situation in this
country has come to a level where it
could be compared to the treatment of
Jews in Pre-Holocaust Poland. Since
the
takeover
of
the
Islamic
fundamentalist political movement of
the Talibans, oppression mostly
against women has been reported
amongst international organizations
around the world. This group has been
in control since 1996, and since then
women have been forbidden of the
most basic things. Oppression against
the decision of wearing certain clothes
is something that may not cause much
impact when someone on the outside
hears it, however, it does for these
natives of Afhganistan. Women are
often beaten or stoned to death
because of the obligation that dictates
the rules they must follow. There is no
choice, which means that clothes that
expose their bodies, talking to men
who are not relatives, and working are
completely prohibited. The decision a
human being should be able to have,
according to the United Nations, rights
to go out and have an independent
opinion in society are forbidden for this
group. Women are enclosed inside a
place with painted windows so that no
one from the outside is able to see
them. The situation is so complicated
in this country, that depression has
been a secondary effect of this large
scale gender oppression.

Relevant Actions by the United

Nations
Daily, millions of people suffer unhuman acts which go against the
Universal Declaration of Human
Rights, and the United Nations must
take actions against it to defend those
who cannot speak. Actions taken do
not only involve entering the lands, but
also promoting and educating the
population. The United Nations has
taken the following actions to protect
human rights:
High Commissioner for Human
Rights. The OHCHR leads the
responsibility in promoting and
protecting human rights globally. It
supports with peacekeeping missions
in several countries and has offices in
the regions where it is believed human
rights are being violated. They have
the authority to investigate situations in
relation to the human rights and to
report them.
Human Rights Treaty Bodies.
These are small committees of
independent experts that monitor that
all nations are implementing the
International Human Right Treaty.
Special
Procedures.
They
function with independent experts that
work on voluntary basis, who study,
monitor, and publicly report any
violation acts in specific countries.
UNDG-HRM. A develop group
that assures the humans rights
mainstreaming is within the effort of
the United Nations.
Special Advisers on the
Prevention of Genocide and the
Responsibility to Protect. This system
raises international awareness to alert
the world of how the human rights are
violated and that it may get to a risk of
10

Human Rights Council

causing a genocide. Its responsibility

is to lead a conceptual, political, and
institutional development in order to
protect.
Third Committee of the General
Assembly. The Social, Humanitarian
and Cultural committee discusses
specific issues of human rights
including questions. They mainly
discuss the questions of protecting
women, children, and indigenous
issues, among others. The committee
is also responsible for discussing
important
social
development
questions.
Security Council. As one of the
most powerful councils, it is also
responsible for protecting human
rights. In this council it is discussed if
there should be any type of contact
with a risky situation, and also if the
United Nations should take any
enforcement measures.
Various Other UN Bodies.
Other UN bodies such as the General
Assembly, Economic and Social
Council (ECOSOC), United Nations
Permanent Forum on Indigenous
Issues (UNPFII), and many other work
together to keep peace among more
peaceful countries (such as; Canada,
United Kingdom, etc) and to solve
any situation in which the human rights
are violated in within these peaceful
nations. (Protect Human Rights |
United Nations. n.d)
Possible Solutions
Negotiation with international and
national organizations in order to allow
immigration and migration of those
oppressed inside their countries.
Without any danger of being punished,

the oppressed should be allowed to

immigrate to a place where their
wellbeing and security can be
completely obtained.
The establishment of basic laws
and rights that allow any part of the
population to be educated and
organized in order to obtain mostly
economic development is key.
Throught this, the ideal of a more
powerful sector of the population
would decrease, also lowering
oppression.
Obtaining international aid to Asian
countries in order to provide education
that can lead to the formation of
concrete ideals and thoughts that can
safely and correctly oppose the unfair
ideals of oppositary leaders.

Questions our Council Must

Answer
What realistic steps can international
communities take to help decrease
oppression in Asia?
Can an increase in globalization help
decrease religious, gender, political,
and social separateness and hence,
oppression caused by these factors?
In the scale of lack of freedom of speech
in Asian countries, how much influence
does the factor economy have?
How can worldwide organizations
contribute to the education of people in
Asian countries?
Why do you believe that countries
leaders have such interest of
maintaining their people uneducated?

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Human Rights Council

Do you consider local regime leaders

fear education can lead to oppository
opinions and actions against them?
Closing Remarks

In
this
committee,
you
delegates will debate by representing
your delegation as a whole in the
current days of the Asian continent.
There is discrimination inside all
countries based on different points of
view, color, race, religion, and other
factors that are causing smaller groups
to be oppressed by more powerful
groups inside each country.
People are losing their lives,
and their right to be happy with their
own opinion. Bit by bit this situation

may lead to a catastrophe in society

where no one will be able to interact
with others and the world will be
divided into small groups. This, may be
able to affect international trade that
supports economy, businesses, and
the maintainance of religious groups
and their churches, customs, etc.
We, as the leaders of this
committee, hope that every single
delegate
comes
prepared
to
participate and contribute to the
debate. We expect you to take the
discussion seriously and make your
best effort to lead it into the solutions
that can help the ones being affected
by oppression inside Asian countries.
We hope you enjoy this Model United
Nations at Pan-American School as
much as we will.

Delegations Attending: Pakistan, Syria, North Korea, Saudi Arabia,

Afghanistan, India, Burma, Turkmenistan, Uzbekistan, Malaysia, Iraq,
Iran, Singapore, Netherlands, Canada, France, Vietnam, Israel, Taiwan,
Australia, United Arab Emirates, Sri Lanka, Nepal, Indonesia, Thailand,
China, Jordan.
Bibliography
Protect Human Rights | United Nations. (n.d.). Retrieved July 18, 2015,
from
http://www.un.org/en/sections/what-we-do/protect-humanrights/index.html
Staff,

F. (n.d) The Oppression of Women in Afghanistan.

from: http://faze.ca/oppression-women-afghanistan/

Retrieved

IGA (n.d) The Crisis of Religious Freedom in Saudi Arabia. Retrieved

from: http://www.gulfinstitute.org/wp-content/uploads/2011/04/The-Crisisof-Religious-Freedom-in-Saudi-Arabia.pdf

Human
Rights
Watch
(n.d)
North
from: https://www.hrw.org/asia/north-korea

Korea.

Retrieved
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Human Rights Council

Jamal, Z. (April, 2012) to be a women in Pakistan: Six Stories of Abuse, Shame,
and
Survival.
Retrieved
from:
http://www.theatlantic.com/international/archive/2012/04/to-be-awoman-in-pakistan-six-stories-of-abuse-shame-and-survival/255585/
The Guardian (February, 2006) Timeline: a history of free speech. Retrieved
from: http://www.theguardian.com/media/2006/feb/05/religion.news

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