E/CN.4/1996/95/Add.1
page 17
General Comment No. 22 concerning article 18 of the Covenant, in which it
expressed the opinion that the right to freedom of thought, conscience and
religion was far-reaching. The Committee also pointed out that limitations on
the freedom to manifest a religion or belief are authorized only if prescribed
and are necessary to protect public safety, order, health or morals or the
fundamental rights and freedoms of others, and are applied in such a manner
that would vitiate the right to freedom of thought, conscience and religion.
82.
In the light of the above considerations, the Special Rapporteur has
concluded, after careful thought and having studied the matter and consulted
other views, that the present State laws related to religious minorities, and
more generally speaking the subject of tolerance and non-discrimination based
on religion or belief, are likely to favour or foster intolerance in society.
The law applied specifically to the Ahmadi minority is particularly
questionable and in some respects frankly unwarranted. More generally
speaking, blasphemy as an offence against belief may be subject to special
legislation. However, such legislation should not be discriminatory and
should not give rise to abuse. Nor should it be so vague as to jeopardize
human rights, especially those of minorities. If offences against belief are
made punishable under ordinary law, then procedural guarantees must be
introduced and a balanced attitude must be maintained. While protecting
freedom of conscience and freedom of worship is clearly a necessity, applying
the death penalty for blasphemy appears disproportionate and even
unacceptable, especially in view of the fact that blasphemy is very often the
reflection of a very low standard of education and culture, for which the
blasphemer is never solely to blame. The Special Rapporteur endorses the
Government’s proposal to amend procedural aspects of the blasphemy law and
would encourage it not only to give effect to this proposal, but also to go
further in amending the law on blasphemy and more generally on religious
offences in accordance with the views expressed above. The Special Rapporteur
believes that in any event some practical measures, especially administrative
and educational, should be implemented pending more substantial constitutional
and legislative changes.
83.
The Special Rapporteur also recommends that the authorities should
check that Hudood ordinances are compatible with human rights and urges
that Hudood penalties, because they are exclusively Muslim, should not be
applied to non-Muslims. He also recommends establishing legislation on
non-discriminatory evidence and advocates a single electoral system,
involving all citizens without distinction, especially based on religion.
84.
With regard to proselytism, conversion and apostasy, the Special
Rapporteur wishes to draw attention to the need to abide by international
standards laid down in the field of human rights, including the freedom to
change religion and the freedom to manifest one’s religion or belief, either
individually or in community with others, in public or in private, subject
only to limitations prescribed by law.
85.
The Special Rapporteur also considers that no mention of religion should
be included on passports, on identity card application forms or on any other
administrative documents. Deletion of the statement required of Muslims
regarding non-recognition of Ahmadis as Muslims in passport application forms
is strongly recommended.