E/CN.4/1992/52
page 76
62. On 2 January 1991, the Government of Pakistan sent the following reply to
the Special Rapporteur's communications:
"1. The Ahmadiyya issue has a century-old history. The problem arose
when a group of persons led by Mirza Chulam 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 consensus of the nation was arrived in shape of an
amendment in the Constitution through a unanimous vote of the National
Assembly in 1974. This amendment had two objects viz:
(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 been historically regarded as a repudiation of a fundamental belief of the
Muslims.
2.
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.
3.
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. Some religious practices of the Ahmadis, which are similar to
those of the Muslims, arouse resentment among the latter and thus pose a
threat to public order and safety. Consequently, the Government had to take
certain legislative and administrative measures so as to maintain sectarian
peace. The restrictions contained in Ordinance XX are in accordance with the
spirit and provisions of international human rights guaranteed under
Pakistan's Constitution and laws. The substantive impact of the restraints in
Ordinance XX applies only to the public exercise of certain religious
practices.
4.
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:
'Freedom to manifest one's religion or belief may be subject to such
limitations as are prescribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms
of others.'
5.
This condition is repeated in paragraph 3 of article 1 of the
Declaration on the Elimination of All Forms of Intolerance and Discrimination
Eased on Religion or Belief. In the same spirit, the Constitution of Pakistan
provides in article 20 that: