E/CN.4/1996/95/Add.1
page 9
38.
According to non-governmental sources, religious minorities, and in
particular the Ahmadis, Christians and Hindus, are exposed to religious
intolerance, mainly as a result of current legislation and the religious
extremism of a minority of fanatic Muslims, and even to a form of sectarianism
in society increasingly influenced by a spirit of intolerance.
B.
Situation of religious minorities
39.
The Special Rapporteur discussed the situation of Ahmadi, Baha’i,
Buddhist, Christian, Hindu, Parsee and Sikh religious minorities with several
people. He was unable to obtain any recent statistical data regarding the
size of these minorities. The largest religious minorities, however, in
decreasing order, are the Christians, Hindus and Ahmadis. Concerning the
latter, it is difficult to obtain any very representative data, in so far as,
for census purposes, the Ahmadis in accordance with their belief declare
themselves to be Muslims.
40.
More detailed consultations were held concerning the Ahmadis, Christians,
Hindus and Zikris, since both official and non-governmental sources agreed
that the situation as regards Baha’i and Parsee minorities, which were the
smallest, was relatively problem-free.
1.
(a)
Religion
Religious activities
41. According to many non-governmental sources, the religious activities of
the Ahmadi community are seriously restricted, especially as a result of the
1974 constitutional amendment declaring them to be a non-Muslim minority,
Ordinance XX of 1984 and the blasphemy law. Many Ahmadis are reported to be
prosecuted under section 298 C of the Penal Code for the following offences:
saying daily prayers, referring to "Kalima Tayyaba", calling to prayer (Azan),
preaching, using Muslim epithets and verses of the Koran and "professing to be
Muslim". It is also reported that Ahmadis have been accused of claiming to be
Muslim under the terms of section 295 C, which provides the death penalty.
The claim to being Muslims is reportedly considered to be constituted by the
above-mentioned religious activities. In addition, it has been reported that
Ahmadis are not authorized to bury their dead in Muslim cemeteries.
42.
The authorities have provided the following explanations.
"The Ahmdiyya issue has a century-old history. The problems arose
when a group of persons led by Mirza Ghulam Ahmed denied the finality of
the Prophet Muhammad (Peace Be Upon Him), which, after the unity of God,
is a fundamental tenet of Islam.
"The matter was deliberated upon in the legislature and the
consensus of the nation was arrived at in the shape of an amendment to
the Constitution through a unanimous vote of the National Assembly
in 1974. This amendment had two objects: (a) to safeguard the religious