E/CN.4/1995/91/Add.1
page 52
PAKISTAN
19.
In a communication dated 8 November 1993, the Special Rapporteur
addressed the following comments to the Government of Pakistan:
"According to the information received by the Special Rapporteur,
the Islamization of Pakistan legislation, which dates back to the 1980s,
has severely undermined the exercise of religious freedom and led to
serious abuses, in particular abuses committed against the religious
minorities of the country.
The attempt by the Pakistan authorities to mention religious
affiliation on the identity card of every Pakistan citizen is reported to
be another source of concern. It is alleged that when 2 million of these
new identity cards had been printed during 1992, further printing was
partially suspended in November 1992, in the face of strong opposition
from many minorities, including the Christians, and that the provincial
parliament of Sind also opposed it.
The Special Rapporteur has been informed that the freedom of
movement of certain religious dignitaries has been hampered. It is
reported that they have been prevented from going to various regions of
Pakistan, on the pretext that their presence or their statements would
inflame sectarian feeling or would be liable to cause acts of violence or
disturb public order. As a result, more than 50 preachers, zakirs and
other eminent persons were allegedly unable to go to various places in
the Punjab and the North-West Frontier region during the Muharram
celebration. In June 1992, some 30 ulema were reportedly forbidden entry
to Jhang and a number of others were denied access to Sialkot. The
following month, some 20 ulema were prevented from going to Muzaffargarh,
and a dozen more were not allowed to go to Larkana.
In addition, the 10 or so appeals lodged by the Ahmadi community
for the restoration of their rights and freedoms as guaranteed by the
Pakistan Constitution were reportedly dismissed by the Supreme Court in
a judgement of 3 July 1993 in which the Court gave as its interpretation
that article 20 of the Pakistan Constitution, relating to religious
freedom, was subject to the law, public order and morality. By a
majority, the Court allegedly specified that this article was subject
to ’Islamic law’.
This decision is said to have been the culmination of a long period
of discrimination against members of the Ahmadi minority dating back to
a constitutional amendment of 1974, which stated that this minority was
’non-Muslim’ and was forbidden to engage in Islamic activities. The
scope of this constitutional amendment was reportedly reinforced later by
Ordinance XX of 1984, which made amendments to the Pakistan Penal Code,
and to sections 298 B and 298 C, in particular, by referring explicitly
to the Ahmadis and by prohibiting them from declaring themselves to be
Muslims and from using Muslim practices in their worship or in the
teaching of their faith. Any breach of these laws is reportedly