Inquiry Into the Status of the Human Right to Freedom of Religion Or Belief
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Committee Secretary Inquiry into the status of the human right to freedom of religion or belief Joint Standing Committee on Foreign Affairs, Defence and Trade PO Box 6021 Parliament House Canberra ACT 2600 [email protected] 7th October 2017 Inquiry into the status of the human right to freedom of religion or belief Executive summary: • The Ahmadiyya Muslim Community (AMC) is the only community to face persecution that is sponsored by the Constitution and State of Pakistan; • The AMC also faces persecution in Algeria, Indonesia, Malaysia, Bangladesh, Saudi Arabia; • Ahmadis face social boycotting, institutionalized discrimination, and severe impingements on their freedom of religion and conscience on a daily basis in the countries mentioned above; • The AMC is concerned about the spread of such extremism to the West. In March 2016, an Ahmadi shopkeeper, Asad Shah, was murdered in broad daylight in Glasgow, while his killer, Tanveer Ahmed, received praise from Muslim Communities in the U.K. • Ahmadis also face persecution in some of Australia’s regional allies, including Indonesia and Malaysia; • The AMC requests the Government to call on the above-mentioned countries to uphold the AMC’s fundamental rights to freedom of religion and conscience, guaranteed under the Universal Declaration of Human Rights. Pakistan The Ahmadiyya Muslim Community is the only community that faces state-sponsored persecution. According to the US Commission on International Religious Freedom, among religious minorities in Pakistan, Ahmadis face ''the most severe legal restrictions and officially sanctioned discrimination''. In 1974, the then Prime Minister Zulfiqar Ali Bhutto amended the Constitution to declare the AMC to be non-Muslim. In 1978, then President Muhammad Zia- ul-Haq separated the electorate systems for Muslims and non-Muslims. This effectively banned Ahmadis from being able to vote. In order to vote, members of the AMC had to vote in the non-Muslim electorate system, which goes against their core religious belief. In 1984, then President Zia promulgated the anti-Ahmadi Ordinance XX. This Ordinance made it illegal for Ahmadis to ‘indirectly or directly’ pose as Muslims. The result of this is that Ahmadis are forbidden from saying ‘Salam’ (the Islamic greeting), cannot make the call for prayer and are even restricted from wearing rings that have Islamic scripture on them. A breach of Ordinance XX can result in 3 years’ imprisonment and a fine. Thus, Ahmadis have become virtual outcasts in modern Pakistan. 1 Effect of State Sponsored Persecution in Pakistan On 28th May 2010, two mosques belonging to the Ahmadiyya Muslim Community in Lahore were attacked during Friday prayers, killing 98 people and injuring more than 100. There was no condemnation to be heard from any of Pakistan’s political leaders, not even the so-called ‘Liberal’ politicians. Two Ahmadiyya Mosques were attacked in Lahore, killing more than 90 and injuring more than 100 Ahmadi Muslims In December 2015, Abdul Shakoor, an 80-year old Ahmadi optician, was arrested in his optical store after he was accused of selling an Ahmadiyya commentary on the Holy Qur’an. On 2 January 2016, he was sentenced to eight years’ imprisonment under the Penal Code Section 298C and the Anti-Terrorism act. Abdul Shukoor (above), an 80-year-old Ahmadi Muslim, was sentenced to eight years’ imprisonment after being accused of selling a copy of the Holy Quran In July 2014 in Gujranwala (Punjab), a mob burned to death an Ahmadi lady and her two granddaughters, both aged under 7. During the same attack, another Ahmadi lady miscarried due to suffocation. Once again, the executive and judicial arms of government worked in tandem to ensure the criminals were not brought to justice. These laws have led to Ahmadiyya Muslim Community’s practice of religious beliefs impracticable, usurping of basic religious freedom, endangering the very existence of Ahmadi life and property, loss of right to vote, loss of acquisition of jobs or promotions, businesses threatened, entry of students in schools and universities difficult, perilous running of schools, prohibited publishing of newspapers, magazines or literature, or gathering of youth or 2 community gatherings and total black out of Ahmadiyya community to answer all or any allegations levelled against it in both print and social media. There are a few other pertinent examples to mention: • In a recent on air program, Orya Maqbool Jan, a known TV personality and ex- bureaucrat, passionately advocated to public, as the only solution to tackle Ahmadies is to chop off their heads (New TV, Program Harfe Raaz 4/10/17). • Ahmadiyya Head Quarters were raided by Anti-Terrorist Squads on December 5, 2016 on the pretext of having published a magazine which was banned by State government. In fact, Lahore High court had issued a stay order against the ban issued by the state. Thus, this raid was illegal, unwarranted, and made on the behest of “Ulema Board”, the anti-Ahmadiyya Mullahs. In this raid they viciously beat security guards, missionaries, made random arrests, took away office equipment and personal belongings. Weeks later, having failed to realize that they were guilty of tyranny and wrong doing, as any fair investigation would show, they neither dropped charges nor released the prisoners. • An all-encompassing ban on religious publications by Ahmadiyya community including women, children and Quran translations was enforced by the Punjab government in violation to all norms, freedoms, fairness, or laws on the recommendations of “Ulema Board”- the religious panel in State government. • Ahmadiyya mosques are not allowed to be built, and existing mosques are either defiled or sealed. In Dulmial (District Chakwal), a 120-year-old Ahmadiyya mosque was sealed after a mob attacked the mosque despite full awareness of administration and in the presence of police. One Ahmadi, under siege, died of a heart attack. An assailant also died. Tensions rose and all Ahmadis had to flee from their village; while the mosque was burnt and occupied by the mob and later sealed by government. Ahmadis do not have a place of worship now in Dulmial. • Professor Abdus Salam, an Ahmadi Muslim, was the first Muslim recipient of a Nobel Prize in Physics. For his mere allegiance to the Ahmadiyya Community, he has been excommunicated, his name removed from all State Textbooks and even his gravestone defaced to remove the word “Muslim”. • When applying for a Pakistani passport, Pakistanis are required to declare that Mirza Ghulam Ahmad, the founder of the Ahmadiyya Faith, was an impostor Prophet and his followers are non-Muslims. In a recent survey, students from many private schools of Pakistan expressed their opinions on religious tolerance in the country. The figures assembled in the study reflect that even among the educated classes of Pakistan, Ahmadis are considered the least deserving minority in terms of equal opportunities and civil rights. The teachers from these elite schools showed lower levels of tolerance towards Ahmadis than their pupils. The situation for Ahmadis in Pakistan is unsustainable. We are afraid that it could at some stage result in ethnic cleansing of Ahmadis in Pakistan. 3 Extremist ideology is spreading from Pakistan: Extremist ideology against Ahmadis is being spread from Pakistan. Extremist religious clerics visit various countries where they instigate their Muslim populations to malign the AMC, outcast, boycott, and take hostile actions where possible. Recently in Scotland, an Ahmadi shopkeeper, Asad Shah, was brutally murdered in daylight. His killer, Tanveer Ahmed, is hailed a hero by the local Muslim community in the UK. Algeria The Algerian authorities have initiated judicial proceedings against more than 280 Ahmadis. Over a third of those facing criminal proceedings have already been convicted and sentenced to prison terms of up to four years and fines of up to 300,000 Algerian dinars (about 2,750 US dollars). The remainder are still facing investigation. Mohammad Fali, President of Algeria’s Ahmadiyya Community, has faced six distinct trials since June 2016. On June 2nd 2016, around 20 paramilitary officers arrested Fali from his home, and confiscated his phone, computer and books. They interrogated him about his faith for several days before he was trialed in court where he was sentenced to three years’ imprisonment and a 300,000 dinar fine. The authorities demolished a building in Larbaa, in the province of Blida, that Ahmadis were intending to use as a place of worship and as the headquarters for their association, on the pretext that it was an “unauthorized place of worship.” In June 2016, The Minister of Religious Affairs and Endowments, Mohamed Aissa, described Ahmadi presence in Algeria as part of a “prepared sectarian invasion”. On July 5, Minister Aissa reiterated his belief that Ahmadis are manipulated by “a foreign hand” aiming to destabilize the country, and accused their leaders of collusion with Israel. At least 17 Ahmadis have been suspended from their public-sector jobs, with the only grounds provided being the ongoing prosecutions and court cases against the individuals. Indonesia and Malaysia In Indonesia, a fatwa issued by Indonesian Council of Ulemas declared Ahmadis to be “non- Islamic, deviant and misled”. In 2008, in a decree of the Minister of Religious Affairs and the Attorney General, amongst other activities, Ahmadis were forbidden from preaching. In 2012, in the town of Cikeusik, three Ahmadis were beaten to death with wooden sticks and rocks. More than 1,000 people were involved in the attacks, but only 12 faced Court, all of who received less than six months’ imprisonment for their actions. In Malaysia, the Selangor Fatwa Committee ruled that followers of Ahmadiyya teachings are “kafir” or non-believers, and that any individual that follows Ahmadiyya teachings is an apostate. Ahmadis face constant discrimination in schools, universities and workplaces in Malaysia. Recommendations: The Australian Government can assist the Ahmadiyya Muslim Community by: 1.