E/CN.4/1996/95/Add.1
page 14
that preventive measures had been instituted to ensure the protection of
minorities (see under Official measures adopted in paras. 73-77) and that the
police fulfilled its task of protecting the public and identifying offenders.
With regard to assassination threats against Asma Jehangir, Tariq C. Qaisar,
Father Julius and J. Salik (see annex), the Ministry of the Interior reported
the arrest of 200 persons and religious extremists.
III.
IDENTIFICATION OF FACTORS AFFECTING THE ELIMINATION
OR MAINTENANCE OF ALL FORMS OF INTOLERANCE AND OF
DISCRIMINATION BASED ON RELIGION OR BELIEF
A.
1.
Factors conducive to the maintenance of all
forms of intolerance and discrimination
based on religion or belief
Legislation
68.
It appears from all interviews with non-governmental groups that
Pakistani legislation, especially that inherited from the period of office of
President Zia-ul-Haq, constitutes a factor of intolerance and discrimination,
to which society in general and religious minorities in particular are
exposed. Particular features mentioned include the system of separate
elections, the exclusion of Ahmadis from the Muslim religion and all
legislation opposed to activities deemed to be hostile to Islam, especially
the blasphemy law. The Pakistani legal system concerned either directly or
indirectly with religious affairs reportedly jeopardizes the notion of
citizenship, the content and scope of which are said to be subjected to real
or presumed religious considerations. It has often been found, moreover, that
State interference in terms of defining the content and mode of expression of
a religion (as in the case of the Ahmadis) constituted a source of
discrimination and intolerance, which had the effect in practice of subjecting
freedom of belief and conviction to a system of supervision and control. As a
result, there is a danger that society may be divided into differentiated and
even hierarchical categories of citizens, according to religious criteria, the
effects of which in practice might depend on power relationships and
circumstantial considerations. For this reason, some non-governmental
representatives do not hesitate to refer unambiguously and insistently to the
notion of apartheid. The very clear feeling to emerge as a result is that the
condition of religious minorities is experienced by many as a second class
citizenship, where rights lag far behind obligations.
69.
Furthermore, still according to non-governmental sources, Islamic law is
in fact applied to non-Muslims through some special institutions, such as the
Islamic Ideology Council, which is the constitutional agency charged with
bringing existing laws into conformity with Islamic injunctions and for
advising the Government/legislative regarding any legislative proposal, and
the Federal Shariat Court, which has the authority to annul any law on the
ground of repugnancy to Islam and whose verdict takes effect if the
legislative fails to amend the impugned law within the time-limit prescribed
by the court. Yet reportedly non-Muslim lawyers are not authorized to appear
before the Federal Shariat Court (see under Constitutional provisions).