E/CN.4/1996/95/Add.1
page 4
7.
The other relevant articles of the Constitution are as follows:
Article 26
"In respect of access to places of public entertainment or
resort, not intended for religious purposes only, there shall be no
discrimination against any citizen on the ground only of race, religion,
caste, sex, residence or place of birth."
Article 27
"No citizen otherwise qualified for appointment in the service
of Pakistan shall be discriminated against in respect of any such
appointment on the ground only of race, religion, caste, sex, residence
or place of birth."
Article 28
"Subject to article 251, any section of citizens having a distinct
language, script or culture shall have the right to preserve and promote
the same and, subject to law, establish institutions for that purpose."
Article 36
"The State shall safeguard the legitimate rights and interests
of minorities, including their due representation in the Federal and
Provincial services."
8.
Article 2 of the Constitution states that: "Islam shall be the State
religion of Pakistan", while article 41.2 specifies that: "A person shall not
be qualified for election as President (of Pakistan) unless he is a Muslim."
Articles 51, 2A and 106.3 (see 1985 amendments) establish separate lists of
voters for elections to National Assembly seats reserved for minorities:
10 seats in the Chamber (217 seats) and 23 seats in the 4 provincial
assemblies (483 seats).
9.
In 1974, a Constitutional amendment declared the Ahmadis 2/ a
non-Muslim minority.
2.
Other legal provisions
(a)
Penal Code, ordinances and religious offences
10.
Sections 295 and 298 of the Pakistan Penal Code (1861), inherited from
the British, are aimed at preventing and limiting religious violence by
punishing religious offences against religious groups.
11.
Significant changes were introduced as a result of the policy pursued
by President Zia-ul-Haq (1977-1988). As early as 1974, five ordinances
containing penalties derived from Islam (Hudood) were introduced punishing