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Blasphemy Laws Human Rights Monitor 2015 A report on the Religious Minorities in Pakistan Edited by: Ataurehman Saman Reviewed by: Cecil Shane Chaudhry The publication is for limited circulation All Rights Reserved with the NCJP The contents of this publication may be reproduced by any organization working for promotion of human rights with acknowledgment Publisher: National Commission for Justice and Peace (Pakistan Catholic Bishops’ Conference) Facilitation: Fr. Emmanuel Yousaf Mani National Director, NCJP Printed: July 2015 Design, Layout: Visionaries Division Lahore Price: Rs. 100, US$ 20 Address: (Head office) E-64/A, St # 8, Officers' Colony, Walton road, Lahore-Pakistan Tel: 0092-42-36668692 Fax: 0092-42-36655549 Email: [email protected] Website: www.ncjp-pk.org ISBN: 978-969-9042-21-8978-969-9042-15-7 Content Page No. 1. Social Discrimination (2015)……………………... 12 2. Religious Freedom (2015)……………………….. 29 3. Discriminatory Laws (2015)............................... 42 4. Blasphemy Law (2015)…………………………. 51 5. Crime against women (2015)……….........……. 79 6. Political Participation (2015)…….........……….. 86 7. Social Discrimination (2014)………………………100 8. Religious Freedom (2014)………………………. 118 9. Blasphemy Law (2014)………………………….. 133 10. Crime against women (2014)……………......... 160 11. Recommendations……………………………… 172 12. Annexes…………………………………………. 179 13. Abbreviations..................................................... 187 14. Glossary ........................................................... 188 Preface or decades, religious minorities (Christians, Hindus, Sikhs and Ahmedis) have been suffering discrimination in all spheres of Ftheir lives, however, in recent years, their persecution swelled to critical levels. Frequently misuse of blasphemy laws and increasing incidents of attacks on places of worship and settlements, incidents of forced conversion, abduction and a growing trend of fleeing out of the country of members of religious minorities speaks volumes of the deteriorating situation of human rights of religious minorities in Pakistan. This vulnerability exposes them to the threat of death and injury and exclusion from political participation, basic services, education and employment. Unequal and unfair working conditions, less paid including bonded labor and poor social status are the facts contributing towards continued violence against religious minorities. Moreover a frequent unwillingness among law enforcing agencies to enforce legal protection against discrimination makes the situation worse. In June, 2014 Chief Justice of Pakistan ordered to constitute National Council of minorities in realization of the rights and safeguards provided to the minorities under the constitution and law. The 32 page decision itself is a witness to the plight of religious minorities of Pakistan. To restore the protection and safety of the members of religious minorities (and citizens of Pakistan) government would have to address institutional and social inequalities. It is no secret that the root cause of extremism and violence in Pakistan was in the blatant abuse of religion by state and non-state actors. During the last two years, sectarian killings and attacks on places of worship, continued with virtual impunity. After the deadly attack on a school in Peshawar in 2014, political and security forces seem to be taking some concrete steps to curb terrorism. However, it is yet to be evaluated if this instinctive response to the tormenting situation of lawlessness in the name of religion and intolerance in Pakistan made any impact. This report highlights the embedded discrimination in the constitution and laws and policies of the country that is logically (or further) translated in societal attitude in forms of widespread prejudice against minorities at their workplaces, schools, media and social life. Moreover it brings forth the issues as well as a wide range of recommendations to change the course of life for not only the religious minorities but the entire nation. This report is prepared basically by the staff in the national office with support from regional offices and volunteers of NCJP. They deserve my gratitude. Thanks to Mr. Christopher for compilation of report, Mr. Ataurehman Saman for editing the content and Ms. Shalron Nasir for proof reading. Special Thanks is also due to Fr. Emmanuel Yousaf Mani, who makes it all possible for the entire team to work for Justice and Peace. Besides articulating and assessing the ground situation through reports, the realization of greater respect for human rights needs understanding between different social forces. Both the civil society organizations focusing minorities’ rights and government will have to work harder and with greater cohesion. Hope we would work on these issues and change the course of life in Pakistan. Cecil Shane Chaudhry Executive Director Executive Summary This year's Human Rights Monitor (HRM) collects and analyzes human rights abuses committed against religious minorities. Both the Pakistani state and non-state actors are implicated in these abuses, oftentimes working in conjunction with one another. This is an alarming, although long-standing, situation that those who defend and advocate for human rights have had to face in Pakistan. The Pakistani state is a signatory to United Nations Conventions and other international agreements quotations from which are provided at the beginning of each chapter. Despite being a signatory, the HRM details the various ways in which the state continues to violate those Conventions and agreements, fails to ensure the rights of minorities and women, and at times participates in human rights abuses itself. Those reading this HRM should keep in mind that the Pakistani state is an active participant in both promoting and denying human rights. Human rights organizations in Pakistan and abroad have documented, at great length, the destructive role that non-state actors, especially Islamic political parties and violent organizations, had in the state of human rights in Pakistan. To be certain, these non-state actors have worked in unison with the state as well as having its financial and political support. These formal and informal linkages need to be broken, especially when those non-state actors have themselves engaged in, support, or advocate violence. Pakistan has been undergoing a democratic transition over the past decade or so. The current HRM should be read in light of this democratic transition. Electoral democracy is starting to take root, and that process needs to be supported by local and international bodies. Allegations of corruption, poor governance, and political strife against democratic governments cannot be used as an excuse for military intervention. We should not, however, understand democracy in such formalistic, limited terms. Democracy neither starts nor ends at the structure of the state; it requires a certain ethos and sensibility. Efforts to ensure a democratic ethos and sensibility must be cultivated in different spaces and at distinct levels. Programs organized by the national and provincial governments, and civil society should work on cultivating mutual concern and care among citizens, alleviating each other's suffering, and encouraging increasing inclusivity. Such an ethos and sensibility taking root in Pakistani society will then transform the state itself, making it more sensitive to human rights of all its inhabitants. Key Findings of Chapters Blasphemy Laws: This is one of the most intractable issues faced by the state of Pakistan as it concerns human rights and religious minorities. Cases of blasphemy continue to wreak havoc on Pakistan's religious minorities. The Ahmaddiya community has increasingly faced blasphemy charges, making their religious and social life almost unlivable. There are ongoing debates about the sections known as the Blasphemy Laws, with its reform becoming more and more difficult. Moreover, technologies and social media have created a new space for blasphemy allegations to be made. Finally, mediation of local disputes where blasphemy allegations are made has been partly successful. Since repealing or even reforming the Blasphemy Laws are challenging, the efforts of civil society and human rights organizations should be directed at mediation of such disputes, thereby ensuring false accusations of blasphemy are contested. Social Discrimination: Discrimination against religious minorities in Pakistan refers to an extensive amount of social experiences. The unequal and unfair treatment is usually understood in formal terms, such as constitutional and legal matters. This chapter, on the other hand, details a different kind of discrimination. The cases found in this chapter are quite broad: workplace problems, false implications in crimes, murders, attempts to murder, organized and violent attacks, intolerance, kidnapping, harassment, torture, land grabbing, eviction, and burials. It is at times hard to determine the motivations of those involved in these cases; however, these experiences constantly arise for religious minorities. To combat social discrimination requires that institutions such as the courts, police, and bureaucracy assist religious minorities rather than cause further harm. Crimes Against Women: A large number of cases of crimes against women are matters of sexual assault. This should be kept in mind when reviewing this chapter. The inequality between a religious majority and its minorities cannot be undone without broader changes in gender relations. Sexual violence
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