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.