E/CN.4/1995/91
page 73
3.
These provisions clearly indicate that the Constitution provides
full protection and equal treatment to the minorities and there is no
bias, for or against, on the basis of colour, race or religion.
4.
The attack on the three accused, Remat Masih, Salamat Masih and
Manzoor Masih, was a regrettable, but isolated action of fanatic
individuals, one of whom has been arrested, while efforts are under way
to arrest the two remaining accused. The allegations of fears of
religious persecution against Ministries in Pakistan are unfounded.
5.
As Pakistani citizens, members of the Christian community have the
right to profess their religion, and to establish, maintain and manage
their religious institutions. They also have due representation in the
National Assembly. They enjoy full freedom of opinion and expression, as
is available to the other citizens of the country and, like all other
Pakistanis, they have the liberty to seek remedy from the courts under
article 199 of the Constitution of Pakistan. Courts in Pakistan, like in
any other democratic country, are free, and cases are decided in
accordance with the laws of the land.
6.
The Ahmadiyya issue has a century-old history. The problem arose
when a group of persons led by Mirza Ghulam Ahmad denied the finality of
Prophet Muhammad (Peace Be Upon Him) which, after the unity of God, is a
fundamental tenet of Islam. Its denial led to violent agitations against
the Ahmadiyya community in 1953 and in 1974. The matter was deliberated
upon in the legislature and the consensus of the nation was arrived at in
the shape of an amendment in the Constitution through a unanimous vote of
the National Assembly in 1974. This amendment had two objectives:
(a)
To safeguard the religious sentiments of Muslims (the
overwhelming majority of the population);
(b)
To protect the Ahmadis from any adverse reaction arising from
what had historically been regarded as a repudiation of a fundamental
belief of the Muslims.
7.
Undoubtedly, the controversy between the Ahmadis and Muslims
continues to be emotive, but strong statements made by individuals in a
religious context are not to be taken as the policy of the Government of
Pakistan. The complaints and concerns of the Ahmadiyya community are
based evidently on presumption rather than fact. The allegation
concerning persecution of Ahmadis is totally baseless.
8.
The Ahmadis, as a non-Muslim minority, have been accorded all the
rights and privileges guaranteed to minorities under the Constitution and
laws of Pakistan. The Government has taken the necessary legislative and
administrative measures so as to maintain sectarian peace.
9.
The exercise of a right is never absolute. The International
Covenant on Civil and Political Rights, while proclaiming the freedom of
religion or belief in article 18, stipulates in paragraph 3 of the same
article that: