E/CN.4/1996/95/Add.1
page 10
sentiments of Muslims (the overwhelming majority of the population); and
(b) to protect the Ahmadiyya from any adverse reaction arising from what
had been historically regarded as a repudiation of a fundamental belief
of the Muslims.
"The Admadis as a non-Muslim minority have been accorded all the
rights and privileges guaranteed to minorities under the Constitution and
laws of Pakistan. Some religious practices of the Ahmadis are similar to
those of Muslims, which poses a threat to public order and safety.
Consequently, these religious practices have to be regularized through
reasonable legislative and administrative restraints so as to maintain
sectarian peace. The restrictions mentioned in Ordinance XX are in
accordance with the spirit and provisions of international human rights
guaranteed under Pakistan’s Constitution and laws. The restraints
contained in Ordinance XX apply only to the public exercise of public
practices.
"The exercise of a right is never absolute, as is stipulated in
article 18, paragraph 3 of the International Covenant on Civil and
Political Rights and article 1, paragraph 3 of the Declaration on the
Elimination of All Forms of Intolerance and Discrimination based on
Religion or Belief, as well as article 20 of the Constitution of
Pakistan.
43.
The authorities made it clear that while Ahmadis were not authorized to
propagate and practice their religion as Muslims, all their religious
activities as non-Muslims were authorized. With regard to cases of
prosecution against the Ahmadis, the official sources explained that they
arose from the propagation of religious views by Ahmadis claiming to be
Muslims; the religious activities of the Ahmadis might be interfered with, on
the other hand, for reasons which were not religious but purely personal,
arising from infringements of the law, especially the law on blasphemy.
44.
Most of the non-governmental commentators pointed out that it was not up
to the State to define the content of a religion and its form of expression,
and they strongly criticized the current laws affecting the Ahmadi minority,
as well as the policy of defining the content of the Ahmadi faith, as
expressed in several passages of a memorandum on the Ahmadi question dated
16 January 1994, addressed by the Ministry for Foreign Affairs to a number of
diplomatic representatives.
45.
With regard to Christians and Hindus, interference with their religious
activities is also alleged to be due to abusive application of the blasphemy
law. Christians are also reported to be faced with administrative
difficulties (such as visa formalities) on the occasion of the visits of
Christian clergy and personalities from abroad.
46.
As in the case of the Ahmadis, there is said to be a campaign to have the
Zikris declared non-Muslim (see E/CN.4/1995/91).
47.
With regard to the religious activities of minorities, the Pakistani
authorities have announced the following measures.