E/CN.4/1995/91
page 74
’Freedom to manifest one’s religion or belief may be subject only
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.’
10.
This condition is repeated in paragraph 3 of article 1 of the
Declaration on the Elimination of All Forms of Intolerance and
Discrimination Based on Religion or Belief.
11.
In the same spirit, the Constitution of Pakistan provides in
article 20 that:
’Subject to law, public order and morality, every citizen shall
have the right to profess, practice and propagate his religion and
to establish, maintain and manage religious institutions.’
12.
Ahmadis in Pakistan enjoy full civil rights including the right of
political franchise. In Pakistan a system of separate elections for each
religious community has been adopted to ensure that all minorities are
represented in the legislatures. The Ahmadis, like other minorities in
Pakistan, have full freedom of expression under the law and this is
evident from the fact that they have the largest number of publications
brought out by any minority in Pakistan.
13.
There is no discrimination against them as regards their employment
opportunities in Pakistan.
14.
Many members of the Ahmadi community hold important positions in
the services of Pakistan, both civil and military. Not a single Ahmadi
has been removed from government employment on the grounds of his
religious beliefs. Anyone familiar with the true situation in Pakistan
can bear testimony that there does not exist any plan or campaign,
official or otherwise, to persecute the Ahmadi community. Despite that,
some individual instances do exist, and these are then dealt with in
accordance with the law.
Blasphemy law
15.
Laws concerning the offences relating to religion existed in the
Pakistan Penal Code since its promulgation in 1860, such as sections 295
to 298. In 1927 a new section 295 A was introduced. Subsequently,
during the martial law regime, section 295 B was added in 1982 and
section 295 C, commonly known as the ’Blasphemy Law’, was incorporated in
the Penal Code of Pakistan in 1986.
16.
Section 295 C is the centre of attention of various human rights
organizations in Pakistan and abroad, which are demanding that it be
repealed. The factual position is that the Blasphemy Law is not a
peculiar feature of Pakistani law alone. Such laws exist in Germany,
Italy, the United Kingdom and the United States, and some other
countries, including Muslim countries. The complaints and grievances