E/CN.4/1995/91/Add.1
page 60
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.