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make the following oath "I, ..., do solemnly swear that I am a Muslim and
believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the
Holy Quran being the last of them, the Prophethood of Muhammad (peace be upon
him) as the last of the Prophets and that there can be no Prophet after him,
the Day of Judgement, and all the requirements and teachings of the Holy Quran
and Sunnah ... that I will strive to preserve the Islamic Ideology which is
the basis for the creation of Pakistan ...". Under article 49 (4), the
Prime Minister has to make the same oath.
18.
The Deputy Speaker of the National Assembly or the Deputy Chairman must
state in his oath: "... that I will strive to preserve the Islamic Ideology,
which is the basis for the creation of Pakistan ...".
(ii)
Electoral system
19.
Under the Constitution, elections to the National Assembly, provincial
assemblies and local authorities are conducted with separate electoral rolls
for Muslims and non-Muslims. Muslims are authorized to vote only for Muslim
candidates, and non-Muslims may only vote for non-Muslims. A small number of
seats are reserved for non-Muslims (see arts. 51, 2A and 106.3 of the
Constitution).
20.
According to the authorities, this split electoral system guarantees
political representation for minorities despite their small number. According
to non-governmental sources, the system affects the political rights of
non-Muslim communities and bases citizenship on religion, going against the
notion of citizenship free of any distinction whatever, including religion.
(b)
The case of the Ahmadis
21.
The Ahmadis, who were declared a non-Muslim minority in 1974 and were
affected by the legislation established with Ordinance XX of 1984, appealed to
the courts against the way they were being treated. On 3 July 1993, the
Supreme Court issued a judgement in which it interpreted the reference to the
law in article 20 of the Constitution on religious freedom as a reference to
Islamic law. It also found that any claim by Ahmadis to be Muslims
constituted a provocation against Muslims, which made it difficult to ensure
their protection.
2.
Other legal provisions
(a)
Mention of religion on identity cards and passports
(i)
Identity cards
22.
With regard to the previous Government’s plan to introduce the mention of
a holder’s religion on identity cards, the Special Rapporteur was informed
that the idea had been shelved in November 1992 following very strong
opposition by the minorities, including the Christians. Some concern was
expressed that the plan might be revived in the future. Nevertheless, as