A/HRC/10/8/Add.1 page 44 Response from the Government dated 15 October 2008 164. The Government of Pakistan informed that on 7 July 2008 Mr. Y. M., father of Ms. S. Y. and Ms. A. Y. had filed a petition before District and Sessions Judge concerning the abduction of his daughters by three men. Prior to this petition, on 28 June 2008, his daughters had filed a petition before the same court stating that they had embraced Islam, but their parents were harassing them. Ms. S. Y had changed her name to Fatima, claimed her age was 17 years and had happily contracted marriage with Mr. A. A. Ms. A. Y. also expressed preference to stay with her sister. In view of the open statements and expressed desire of the two girls, the District and Sessions Judge passed the order that these girls could not be compelled to join their parents. After dismissal of their petition by the District and Sessions Judge, the mother of the two girls filed a writ petition before the Lahore High Court, Multan Bench. The Lahore High Court had directed the local police to get the two girls medically examined in order to determine their ages. However, based on an agreement between the two parties, the High Court later decided that custody of Ms. A. Y. may be given to her real mother/petitioner with the condition that the petitioner shall not interfere in her religious beliefs and practices. Ms. S. Y. was allowed to go with her husband Mr. A. A. Her parents, brothers and sisters were at liberty to visit her. The dower amount payable to Ms. S. Y. was also enhanced. Observations 165. The Special Rapporteur is grateful for the response of the Government of Pakistan. She would like to refer to the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, in particular its article 2 which stipulates that “[n]o one shall be subject to discrimination by any State, institution, group of persons, or person on grounds of religion or other beliefs”. She also would like to reiterate that article 5 of this Declaration states that “[t]he parents, or as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up”. The Convention of the Rights of the Child, which Pakistan has ratified, provides in its article 14 that “States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child”. Urgent appeal sent on 22 September 2008 jointly with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 166. The Special Rapporteurs brought to the attention of the Government information they had received concerning threats made against members of the Ahmadiyya community. Reportedly, thirty-four years after the adoption of the law related to the Ahmadiyya community in Pakistan, GEO Television broadcasted a programme on 7 September 2008. The programme included a panel discussion during which two Maulanas (whose names are on record with the Special Rapporteurs) reportedly said that, in reference to the beliefs of the Ahmadiyya community, people who held such beliefs were “Wajb-ul-Qatl” or “liable to death”. This phrase was reportedly used repeatedly during the programme.

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