E/CN.4/1996/95/Add.1
page 7
things stand at present, application forms for identity cards do include a
reference to religion. According to information received, the same type of
problem arises with application formalities to university.
(ii)
Passports
23.
All passports include a reference to the religion of the holder.
According to the authorities, this formality is due in part to the pilgrimage
to Mecca in Saudi Arabia giving rise to a need to identify applications by
unauthorized Ahmadis, who are considered non-Muslims.
24.
The passport application form also asks holders to identify their
religion, while Muslims must state that they do not recognize Ahmadis or
Mirza Ghulam Ahmad as Muslim.
(b)
Law on blasphemy and jurisprudence
25.
The authorities have stated their intention to amend the blasphemy law
(sect. 295 C), with a view to avoiding any abuse.
26.
It has been proposed in particular that section 295 C should be amended
so that cases are no longer registered by ordinary police officers, and
instead under orders of a court, and that any unjustified use of complaints
for blasphemy should incur a penalty of 10 years’ imprisonment.
27.
The Lahore High Court, in a decision of 14 April 1994, reportedly laid
down the principle whereby blasphemy against any prophet of God would be
tantamount to blasphemy against the prophet Mohammed.
(c)
Evidence
28.
The Special Rapporteur’s attention was called to certain provisions
regarding evidence which were not in conformity with the principles of
religious equality and non-discrimination. Under Hudood Ordinances (for the
offences of drinking, adultery, Qazaf, gambling and theft), a non-Muslim’s
evidence would not be admissible in cases liable to Hadd (Islamic punishment)
and would carry less weight than of a Muslim in cases liable to "secular
punishments". Indeed, in these latter cases, the law of evidence does not
accept a non-Muslim as a full witness (there have to be two non-Muslim
witnesses where one Muslim is sufficient).
29.
In 1979, the law of evidence was also reportedly changed to reduce a
woman’s evidence to the equivalent of half a man’s in some cases, such as
adultery.
(d)
Mixed marriages
30.
The Special Rapporteur’s attention was called to unequal treatment with
regard to marriage. Christian marriage laws are reported to authorize mixed
marriages, while the Muslim Personal Law recognizes this right only for Muslim
men marrying non-Muslims, but not for Muslim women.