Govt of Pakistan · Al-Hafeez

Bismillah al-Rehman al-Raheem

Anti Ahmadiyya Movement in Islam

9th July 2000

Government of Pakistan’s Communication to

the Special Rapporteur from UN

regarding the Rights of Minorities in Pakistan

dated: 14th February 1994

On 14 February 1994, the Government of Pakistan sent the Special Rapporteur its comments on the above-mentioned communication of 8 November 1993 (see para. 19):

“1. The following articles of the Constitution of Pakistan safeguard the interests of the minorities in the country:

Article 20

Subject to law, public order and morality, every citizen shall have the right to profess, practise and propagate his religion and to establish, maintain and manage religious institutions.

Article 21

No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than this own.

Article 22

(1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship if such instruction/ceremony or worship relates to a religion other than his own.

(2) In respect of any religious institution there shall be no discrimination against any community in the granting of exemption or preferential treatment in relation to taxation.

(3)

(a) Subject to law, no religious community or denomination shall be prevented from providing religious instructions for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and

(b) No citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.

Article 27

No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.

Article 36

The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provisional services.

These provisions clearly indicate that the Constitution provides full protection and equal treatment to the minorities and there is no bias, for or against, on the basis of colour, race or religion.

The Ahmadiyya issue has a century-old history. The problem arose when a group of persons led by Mirza Ghulam Ahmad denied the finality of Prophet Muhammad (Peace Be Upon Him) which, after the unity of God, is a fundamental tenet of Islam. Its denial led to violent agitations against the Ahmadiyya community in 1953 and in 1974. The matter was deliberated upon in the legislature and the consensus of the nation was arrived at in the shape of an amendment in the Constitution through a unanimous vote of the National Assembly in 1974. This amendment had two objectives, viz.:

(a) To safeguard the religious sentiments of Muslims (the overwhelming majority of the population);

(b) To protect the Ahmadis from any adverse reaction arising from what had historically been regarded as a repudiation of a fundamental belief of the Muslims.

Undoubtedly, the controversy between the Ahmadis and Muslims continues to be emotive, but strong statements made by individuals in a religious context are not to be taken as the policy of the Government of Pakistan. The complaints and concerns of the Ahmadiyya community are based evidently on presumption rather than fact. The allegation concerning persecution of Ahmadis is totally baseless.

The Ahmadis, as a non-Muslim minority, have been accorded all the rights and privileges guaranteed to minorities under the Constitution and laws of Pakistan. The Government has taken the necessary legislative and administrative measures so as to maintain sectarian peace.

The exercise of a right is never absolute. The International Covenant on Civil and Political Rights, while proclaiming the freedom of religion or belief in article 18, stipulates in paragraph 3 of the same article that:

Freedom to manifest one’s religion or belief may be subjected to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

The condition is repeated in paragraph 3 of article 1 of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.

Ahmadis in Pakistan enjoy full civil rights including the right of political franchise. In Pakistan, a system of separate elections for each religious community has been adopted to ensure that all minorities are represented in the legislatures. The Ahmadis, like other minorities in Pakistan, have full freedom of expression under the law and this is evident from the fact that they have the largest number of publications brought out by any minority in Pakistan.

There is no discrimination against them as regards their employment opportunities in Pakistan. Many members of the Ahmadi community hold important positions in the services of Pakistan, both civil and military. Not a single Ahmadi has been removed from government employment on the grounds of his religious beliefs. Anyone familiar with the true situation in Pakistan can bear testimony that there does not exist any plan or campaign, official or otherwise, to persecute the Ahmadi community. Despite that, individual instances do exist, and these are then dealt with in accordance with the law.

As regards the mentioning of religion in the national identity cards, no decision has been taken by the Government. This is merely a proposal which has been submitted to the Government for consideration. This proposal has not been accepted and there are no indications that it would be accepted in the future.

Blasphemy laws apply equally to all Pakistanis, irrespective of religion. They pertain to all the revealed religions - Islam, Christianity and Judaism - and their Prophets. At present two persons -a Christian and a Muslim - are facing trial under this law: a Christian for alleged blasphemy against Prophet Muhammad and a Muslim for blasphemy against the Prophet Jesus Christ.

The blasphemy laws in Pakistan are not directed against the Christians or any other religious group and are also not in conflict with the fundamental freedoms. The common law reflects the will of the majority of the people. Pakistan being predominantly an Islamic society, it has to be ensured that the persons considered holy by the Muslims are not disgraced in Pakistan. Since the religious beliefs carry emotional attachment with it, in the absence of any law on the subject, the outraged emotional people take the law in their own hands which cannot be allowed at any cost.

As for some of the cases mentioned in the communication, Mr. Akhtar Hamid Khan was granted bail before arrest by Chief Justice of Lahore High Court on 14 April 1992, and his case was transferred from the Court of District and Sessions Judge Multan to the Court of District and Sessions Judge Sahiwal, where it is under trial.

Tahir Iqbal was admitted in Central Jail, Kot Lakhpat, Lahore on 9 December 1990, as an under trial prisoner in case FIR No. 297/90, dated 7 December 1990, under section 295 B, Pakistan Penal Code, for defiling the Holy Quran. The under trial prisoner died on 20 December 1992, in the Central Jail hospital, Lahore. As required under rule 751 of Pakistan Prison Rules, a Judicial Inquiry was conducted by a Magistrate 1st Class for determining the causes of death in jail. The Medical Officer opined the cause of death of said prisoner as ‘cardio-pulmonary arrest’. However, he was of the view that the exact cause of death could not be determined without a post mortem. However, the mother of the deceased did not agree to the post mortem and insisted that the dead body of her son be handed over for burial.

Gul Masih, a resident of Chak No. 46/NB, District Sargodha was accused of having used derogatory remarks and defiling the sacred name of the Holy Prophet. Sajjad Hussain s/o Rahim Bakhsh (complainant) resident of the same village reported the matter to the Police Station, Satellite Town, Sargodha and a Criminal Case under section 259 C, Pakistan Penal Code was therefore registered against accused Gul Masih. After investigation by police, the case was tried by the Court of Additional District and Sessions Judge, Sargodha. Mr. Gul Masih was found guilty and sentenced to death along with a fine of Rs 5,000. However, death sentence was not confirmed by the High Court. Presently his appeal is pending in the Lahore High Court.

It may be mentioned that Gul Masih was convicted by the Court of Additional District and Sessions Judge, Sargodha, after due process of law and in accordance with the provisions of the penal laws of the land. All citizens of Pakistan, irrespective of their religious beliefs, are subject to the same law, and are treated equally in accordance with the laws of the land.

As for the case of Salamat Masih, Rehmat Masih and Manzoor Masih, as reported by the Punjab Government, Salamat son of Allah Ditta is an accused in Case FIR No. 56/93 U/S 295-C Police Station Ladha, District Gujranwala. Salamat Masih accused along with co-accused M/S Rehmat Masih S/O Nanak Masih and Manzoor S/O Noor Masih were seen writing blasphemous inscriptions on the wall of a mosque in village Ratta Dhotran. The eye-witnesses include the Pesh Imam of the Mosque and two other persons of the locality, one of whom lodged an FIR at the Police Station Ladha. After preliminary investigation, the Police arrested the three accused persons and proceeded in the matter in accordance with the laws of the land. The accused were found guilty during investigation by Police and the case, therefore, was sent up for trial in the Court of Additional District and Session Judge, Gujranwala.

All the accused were lodged as under trial prisoners in District Prison Gujranwala under the orders of the trial court. Accused Salamat Masih, a minor, was detained in the juvenile section of the same prison. He was not kept with adults. The accused Salamat Masih has been granted bail in this case by the Court of Session, Gujranwala and was released from jail on 13 November 1993.

Brief facts of Niamat Ahmer’s case are that on 6 January 1992, at 10 a.m., Razzaq Masih and Hanooke Gil went to the Office of District Education Officer (D.E.O.), People’s Colony, Faisalabad to see Niamat Ahmer. Niamat Ahmer and his companions were scheduled to meet the D.E.O. in connection with his transfer. Niamat Ahmer went to use the nearby toilet. After some time his companions heard loud cries. They rushed towards the toilet and saw one Farooq Ahmed, son of Noor Muhammad, caste Sheikh, resident of Chak No. 242/RB, inflicting knife blows upon Niamat Ahmer. The accused along with bloodstained knife was caught by Razzaq Masih and Hanooke Gil. Niamat Ahmer succumbed to his injuries then and there. The motive attributed to the occurrence was that the deceased allegedly used derogatory remarks against the Holy Prophet (Peace Be Upon Him) during his period of service as a teacher.

A murder case was registered at the request of Waqar Ahmer, brother of Niamat Ahmer, resident of 727/F Gulistan Colony, Faisalabad. After the necessary investigation the accused was arraigned on 20 January 1992, and the case is pending trial in court.

The above incident was an isolated action of an individual fanatic who is facing trial in the court and the allegations/fears of religious persecution against Christians in Pakistan are unfounded.

As Pakistani citizens, members of the Christian community have the right to profess their religion, and to establish, maintain and manage their religious institutions. They also have due representation in the National Assembly. They enjoy full freedom of opinion and expression, as is available to the other citizens of the country and, like all other Pakistanis, they also have the liberty to seek remedy from the courts under article 199 of the Constitution of Pakistan. Courts in Pakistan, like in any other democratic country, are free, and cases are decided in accordance with the laws of the land.

As regards the allegations of discrimination against Hindus and the destruction of some Hindu temples in Pakistan, it may be pointed out that the charges of discrimination against Hindus or any other minorities are unfounded. The unfortunate incident of destruction of some Hindu temples in Pakistan was the result of a popular backlash that followed in Pakistan after the demolition of the historic Babri Mosque in India. The fact that the demolition of Babri Mosque was a pre-planned wilful act has been documented by Mr. Kuldeep Nayyar, a prominent Indian journalist, who in the 8 December 1992 issue of the Nation wrote that ‘India’s Intelligence Bureau had informed Prime Minister Narasimah Rao, one week in advance that Babri Mosque was going to be demolished but still the Indian Government simply did not do anything to protect the Mosque’.

The spontaneous and popular backlash in Pakistan (and in other Islamic countries) was a direct response of emotionally outraged Muslims to the demolition of the Babri Mosque, which in no way was condoned by the Government. In Pakistan, the damage to the Hindu temples was condemned by all religious, political and other leaders of opinion, unlike in India, where political parties like the Bhartia Janata Party (BJP) and the Shiv Sena applauded the demolition of the Babri Mosque. Pakistan Government took immediate steps and committed itself to the repair of the damaged temples, work on some of which has already been completed and the other temples are being repaired. As opposed to the immediate action taken by the Government of Pakistan the pledges by the Indian Government to reconstruct the Babri Mosque have yet to be fulfilled.

It is reiterated that the Government of Pakistan is fully committed to protect and safeguard the legitimate rights and interests of all minorities living in Pakistan.”

Pakistani Government’s rule regarding minorities:

With regard to the religious activities of minorities, the Pakistani authorities have announced the following measures.

(i) Time off for Christian employees

As a result of the switch-over of the weekly holiday from Sunday to Friday in government and semi-government offices and corporations in 1977, Christian employees are granted time off on Sunday after 11 a.m. with a view to enabling them to offer their prayers.

(ii) Optional holiday

Employees belonging to minority communities are granted optional holidays liberally, to enable them to celebrate their religious holidays.