Report

The summary of the report is published below in the web page. The full report is available for viewing in the attachment at the foot of the page.

PARLIAMENTARY HUMAN RIGHTS GROUP

FACT FINDING MISSION TO PAKISTAN

13TH – 22ND FEBRUARY 2010

TO EXAMINE THE

HUMAN RIGHTS SITUATION OF RELIGIOUS MINORITIES IN PAKISTAN

SUMMARY OF FINDINGS

Following on from its report on the legal position of Ahmadis in 2007[1], the Parliamentary Human Rights Group dispatched a second fact-finding mission [‘the mission’] to Pakistan from 13th and 22nd February 2010. The decision to conduct further research was taken in the light of continuing reports of persecutions of members of religious minorities in Pakistan. The four members of the mission[2] visited Karachi, Faisalabad, Rabwah, Lahore and Islamabad and met members and representatives of the Amhadiyya, Shia[3] and Christian communities.[4] The mission also interviewed various state actors, human rights activists and lawyers and took evidence from individuals who alleged to have been victims of persecution because of their religious beliefs.

This is a summary of the mission’s findings issued in advance of the publication of the full report.

The Mission found that

a. the constitution and the laws of Pakistan discriminate against non-Muslims, in particular Ahmadis;

b. criminal laws meant to protect Islam are being used to persecute and intimidate non-Muslims;

c. the fear of mob violence and of extremist Islamic groups is such that law enforcement agencies, justice institutions and state actors are unwilling to protect the rights of non-Muslims;

d. violence against and persecutions of non-Muslims are often treated with impunity; and

e. the state has not shown any willingness to reform the law in order to better protect the human rights of religious minorities nor to take determined legal action against the perpetrators;

f. whilst all non-Muslim minorities suffer from persecution, members of the Ahmadiyya community are in an even worse position, because the mission has not found a single instance of the government having acknowledged the violence, offered consolation, assistance or compensation. All levels of the Pakistani state observe violence against Ahmadis with silence and inaction.

In arriving at these findings the mission had regard to the following:

I. Discriminatory Laws

(i) Constitution

The Constitution of Pakistan 1973 discriminates against non-Muslims, who are unable to occupy the position of President or Prime Minister and who cannot serve as a judge of the Federal Shariat Court or the Shariat Appellate Bench of the Supreme Court. This discrimination is most keenly felt by members of the Ahmadiyya community, who were declared non-Muslims by a constitutional amendment in 1974. Ahmadis also continue to face discrimination in respect of their right to vote. Whilst separate electorates for non-Muslims were discontinued in 2002, Ahmadis are nevertheless forced to take an oath denouncing the founder of their community in order to be registered as voters.

(ii) Criminal Law

Members of the Ahmadiyya community are being specifically targeted by a criminal law, introduced in 1985, which makes it a criminal offence for an Ahmadi to ‘pose’ as a Muslim[5]. The offence of posing as a Muslim is specific to Ahmadis and the Mission interviewed a number of individuals who had been convicted and sentenced to imprisonment for posing as Muslims. In one case, a lawyer belonging to the Ahmadiyya community was charged with this offence in open court, because he had commenced his submissions by greeting the judge with the utterance of ‘Salaam’, a term which is commonly used throughout Pakistan. The Mission was confronted with a wealth of evidence indicating that prosecutions under Ordinance XX are frequent, regularly result in convictions and are used to intimidate and harass Ahmadis. Ordinance XX also severely restricts the ability of Ahmadis to exercise their right of freedom of religion, guaranteed by the Constitution 1973.

II. Blasphemy laws

Pakistan’s Penal Code contains extensive provision to protect in particular the sanctity of Islam. The Mission found that Ahmadis, as well as members of other religions, are frequently charged with the offence of blasphemy, on grounds which are often spurious in the extreme. It appears that most convictions by trial courts are over-turned on appeal. However, by then the successful appellants have spent many years behind bars.

Alleged violations of Ordinance XX or the blasphemy laws are frequently registered by persons motivated by either religious intolerance or ulterior motives such as usurping the accused's rights to property or other rights.

III. State Failures and Blackmail by Religious Extremists

The State of Pakistan is failing at all levels to address the problem of malicious complaints of violations of the blasphemy law being pursued against Ahmadis and Christians, as well as members of other religious communities:

The police fail to exercise independent judgment in the use of their powers in the following areas:

  • the decision to accept a First Information Report (the commencement of the legal process in a criminal case).
  • the decision to arrest the accused.
  • the decision to keep the accused in custody.
  • the decision to charge the accused and present him to the court[6].

The prosecutors engaged by the Advocate-General Departments of the Provincial Governments fail to

  • exercise independent judgment when continuing these cases in the courts.

  • apply, with an independent mind, a review of the strength of the evidence or of a public interest test in continuing such cases.

The judges in all courts, especially the lower ones, fail to

  • deal with these cases expeditiously, resulting in long delays and adjournments.

  • to grant bail in many cases and then only after long delays and appeals to the Higher Courts.

The Government and Parliament are failing to

  • reform the law by repealing it or at a very minimum reducing its discriminatory impact.

At all levels of the State there is a failure to deter the promotion of religious intolerance, which is visible in that

  • Incitements made by religious extremists to murder Ahmadis and Christians go unchecked and unpunished.

  • Persons who have made manifestly groundless allegations of violations of the blasphemy law against Amhadis and others are not prosecuted for their falsehoods.

  • state actors at all levels appear fearful of the power and influence of Muslim extremists and are being paralysed by a small minority of extremist preachers and their supporters.

IV. Recommendations

The PHRG recommends that:

a. Removal of Discriminatory Laws and Constitutional Provisions;

Ordinance XX and the blasphemy laws should be amended in order to prevent their misuse and to enable all religious communities, including Ahmadis, to exercise their right to freedom of religion on a footing of equality and without the risk of persecution and prosecution. If that is politically unachievable at this time we recommend that gradual amendments and repeals to the law be achieved over a reasonable time. Incremental changes are to be preferred to no change.

b. The police, prosecutors and judges receive training in human rights and religious tolerance.

c. The independence of the prosecution is strengthened and that prosecutors abide by a new Code of Conduct introducing two tests to be passed before a prosecution is supported in court:

1. Sufficient admissible evidence available to ensure the prospect of a conviction is more than 50%.

2. A public interest test tailored to the situation prevailing in Pakistan but excluding any consideration of the reactions of religious extremists.

d. Court cases be subject to strict timetables and that there are time limits on those periods of custody a person is denied bail and that there is a presumption in favour of bail.

e. Prosecutions be brought against those who incite violence against persons on account of their different religious faith or sect.

f. Prosecutions be brought against persons who lay false allegations of violations of the blasphemy law.

[1] PHRG, Rabwah: A Place for Martyrs, London 2007.

[2] The members were Mr Tom Cox, Mr Lionel Blackman, Mr Salim Malik and Dr Martin Lau. Incidental expenses to cover costs of travel and accommodation were covered by the London Ahmadiyya community. The members of the mission received no financial rewards and volunteered their time.

[3] The Shia community is not a non-Muslim minority, but many of its representatives have stated to the mission that they themselves feel that they are discriminated against and treated as a minority by the Sunni majority and that the state does not provide adequate protection to them because of their faith, in particular during their religious festivals.

[4] Limitations of time meant that it was not possible to include other religious minorities. The PHRG notes that their exclusion from this report does not imply that their human rights are adequately protected in Pakistan.

[5] See Ordinance XX of 1985 and sections 298B and 298 C of the Pakistan penal Code, 1860.

[6] The injustices of such police actions are deepened by frequent instances of poor physical treatment of accused persons by police officers.