Palais des Nations, Geneva
Franciscans International, the Dominicans, the Commission of the Churches
on International Affairs of the World Council of Churches and the World Alliance
of Reformed Churches wish to bring to the attention of the 55th Session of the
UN Commission on Human Rights the situation of religious minorities in Pakistan
.
Our paper addresses three areas of serious concern:
- The Separate Electorate For The Religious Minorities In Pakistan.
- The Blasphemy Laws 295 B And C Of The Pakistan Penal Code.
- The Government’s Bill To Adopt The 15th Admendment (Sharia Law).
Background
In 1947, Pakistan came into existence following the joining together of
the the Muslim majority provinces of East Bengal, Punjab, Sind, the North-West
Frontier and Baluchistan. This brought together a total population of approximately
ninety-five million people which formed the nascent Federation of Pakistan.
(In 1971, East Pakistan became the independent state of Bangladesh.). In his
address to the first Constituent Assembly Pakistan, on August 11 1947, the founder
of the country M.A. Jinnah gave the following assurances to the minorities:
"You may belong to any religion or caste or creed that has nothing to do
with the business of the State . . Even now there are some States in existence
where there are discriminations made and bars imposed against a particular class.
Thank God we are not starting in those days. We are starting in the days when
there is no discrimination between one caste or creed and another. We are starting
with this fundamental principle that we are all citizens and equal citizens
of one state". It would seem in the reality of today's Pakistan that the
words of M.A. Jinnah, the Father of the nation who led the movement for an independent
Pakistan, have lost their significance
The Pakistan of today is a society torn apart by corruption, intolerance and
violence which is a far cry from the original ideal of a progressive and tolerant
country. Religious minorities are increasingly the targets of bigotry which
is often instigated by extremist forces, Islamic political parties and their
leadership. The failure of the successive governments to bring under control
the religious extremists movement in the country has strengthened their hands.
The lack of political will on the part of the government to put an end to these
destructive trends has encouraged these groups to persecute and victimize individual
and groups with impunity. So the government refrains from taking
action against the extremist elements for reasons of political expediency, the
siutation will remain unchanged.
1. The Separate Electorate For The Religious Minorities in Pakistan
In 1979, the military dictatorship of the late General Zia ul-Haq introduced
an amendment to the electoral laws of the Pakistan which changed the system
of joint electorate, as envisaged under the 1973 Constitution, to a system of
separate electorates. The amendment was introduced at the request of
the religious-political parties that subscribe to the view that non-Muslims
in Pakistan are "Zimmis" or second class citizens. During the last two
decades, successive governments in Pakistan have followed discriminatory policies
that have prevented non-Muslims from holding key positions in the civil service
and in the higher judiciary.
The system of separate electorates has the effect of denying religious
minorities in the country the fundamental right of universal adult franchise.
Under this system, a quota of seats are reserved for non-Muslims in the
National and Provincial legislatures. This means that , (on the one hand), non-Muslim
voters can only vote for non-Muslim candidates contesting the reserved seats
and, (on the other hand) that, they cannot vote for Muslim candidates
in the general elections. This policy of discrimination among voters on (the)
grounds of religion has cut off the non-Muslim citizens of Pakistan from
the main stream of national political life. Further, it has denied (to) them
the right to participate directly in the national decision making processes
as well as in the framing of national economic, social and cultural policies.
Similar segregation has also been introduced at the (level of )local levels
(bodies).
We strongly disagree with the rationale (rationalization put forward)
that this (particular) provision of Pakistani law protects the rights of religious
minorities. We see it rather as the (this) institutionalization of discrimination
( to be) a form of religious apartheid that officially restricts the
rights of Pakistani citizens from fully participating in their society.
The system of separate electorates (as) enforced in Pakistan is in clear
violation of Articles 2 and 21 of the Universal Declaration of Human Rights
as well as Articles 25 and 26 of the International Covenant on Civil and Political
Rights.
2. The Blasphemy Laws 295 B and 295 C of the Pakistan Penal Code
The Blasphemy Laws in their present form have become a source of victimization
and persecution of minorities in the country. Minorities suffer all manner
(forms) of humiliation through false accusations made under the Blasphemy Law.
In the present climate of hate, intolerance and violence in Pakistan, Blasphemy
Laws have become a major tool in the hands of extremist elements to settle personal
scores against members of religious minorities, particularly Christians.
(In terms of) the law itself provides only, (it carries) a vague definition
of blasphemy, yet blasphemy carries a mandatory death sentence in some cases.
There are also serious problems with the mechanisms to implement the Law. Since
the mandatory death sentence was introduced as a result of Amendment Act No.
III (1986) to Section 295-C, many innocent people have lost their lives, including
some accused persons who had not been brought to trial. For example,
Niamat Ahmer, Tahir Iqbal and Manzoor Masih were killed even before the
Courts could hear the cases registered against them. (Other) Many victims
of Blasphemy Laws had (to flee the country) to seek safety and sanctuary in
countries abroad and others are forced to live in hiding within the country.
In the present context, lawyers who appear in court on behalf of accused persons
in blasphemy cases are the targets of intimidation and threats. The retired
Judge of the Lahore High Court, Arif Iqbal Bhatti, who set aside the death sentence
passed by the Session Courts in the case of Salamat Masih and Rehmat Masih was
shot and killed by an Islamic extremist. His killer, like that of Manzoor Masih,
has not been brought to justice. In view of continuing threats and intimidation,
it has become increasingly difficult to engage services of lawyers to defend
cases registered under the Blasphemy Laws. In May 1998, (the) Roman Catholic
Bishop John Joseph of the Diocese of Faisalabad took his life to protest against
the Blasphemy Laws.
In the climate (environment) of intolerance which prevails and in view
of threats and intimidation and the pressures brought on the judiciary,
it has become nearly impossible to obtain a fair hearing in Pakistan for those
charged under the Blasphemy Laws. In these circumstances, the lower judiciary
has often been constrained to accuse and convict persons without proper study
of the evidence placed before it. In one case, the Sessions Judge convicted
Gul Masih, who was charged under the Blasphemy Law, and imposed the death sentence
on him on the grounds "that the complainant had an outlook of a good Muslim;
that he was a college student and that he had a beard". Presently, a number
of cases are pending under Blasphemy Laws. These include among others, cases
against Ayub Masih, Nelson Munawar Rahi, Catherine Shaheen. In addition, two
Islamic religious organizations have announced a prize of Rs. 1.3 million for
the killing of Salamat Masih and Rehmat Masih who are presently living in exile.
The Pakistan representatives to the UN Commission on Human Rights stated that
the Government is extremely conscious of the dangers of the Laws and has instituted
measures and appropriate safeguards against misuse of the Blasphemy Laws. However,
recent cases of blasphemy at Gojra, Alipur Chatta (Gujranwala District), and
at Toba Tek Singh prove that (a) the procedure for the registration of
such cases has not (neither) been changed nor have any measures been
introduced in the law to eliminate the injustice of the laws. This raises the
question of the government’s commitment to real change. The reality is that
police continue without consent to harass accused persons and their families
(and do not feel threatened by the militant religio-political parties).
3. The Government’s Bill To Adopt The 15th Amendment (Sharia Law)
On 28 August 1998 the government of Prime Minister Nawaz Sharif introduced
a bill calling for an amendment to Pakistan’s Constitution (15th Amendment
or The Sharia Bill) in which the Holy Quran and Sunnah of the Holy Prophet (peace
be upon him) shall be the supreme law of the land. The Prime Minister has subsequently
been quoted (in the international press and by Amnesty International) as advocating
the adoption of Taleban-style justice as a model of swift punishment and effective
deterrence to end violence, crime and corruption in Pakistan.
While we acknowledge (recognize) the government’s declared intention
to control corruption through the introduction of the Sharia Bill, we remain
(maintain) seriously concern(s)ed that in the present climate
of intolerance and religious extremism in Pakistan, the passage of the bill
will add further to the sense of insecurity of the minorities and will give
rise to further (create) sectarian strife within society leading to more
conflict and violence.
(A recent statement by Amnesty International Pakistan states that "In its
efforts to curb widespread political and criminal violence, the Government of
Pakistan appears ready to contravene fundamental rights" and that "the
steps taken by the Government of Pakistan over the past years have seen a steady
erosion of fundamental rights guaranteed in the Constitution".) We therefore
ask the government to withdraw its bill on the 15th Amendment.
Further, we, Franciscans International and the Dominicans, the Commission on
the Churches and Interntional Affairs and the World Alliance of Reformed Churches,
join with the Conference of Catholic Bishops, the National Justice and Peace
Commission, the Human Rights Commission of Pakistan and the inter-religious
group “The National Christian-Muslim Coordination Commission” to ask
the UN Commission on Human Rights to urge the Government of Pakistan to protect
and promote more strongly the legitimate rights of the religious minorities
of Pakistan. Specifically the Commission should urge:
- That the government of Pakistan abolish the system of separate electorates which is discriminatory in nature and promotes divisions in the society on the basis of religion;
- That the government of Pakistan repeal the Blasphemy Laws, especially 295 B, 295 C of the Pakistan Penal Code.
- That the government of Pakistan take practical and concrete measures to instill values of religious tolerance in society by removing prejudicial parts of the syllabi for education.
- That the government of Pakistan discontinue on government controlled media any religiously biased programs that incite to hatred and intolerance.
- That the Special Rapporteurs on Religious Intolerance and on the Independence of Judiciary undertake visits to Pakistan at the earliest possible and submit their reports to the Commission.
- That for peace and harmony in Pakistan, the government withdraw its Bill
to approve Amendment 15 to implement the Sharia Law as the law of the land.
