Pakistan: Religious Freedom Developments

Pakistan suffers from considerable sectarian and religiously-motivated violence, much of it committedagainst Shiites by Sunni militants, but also against religious minorities such as Ahmadis and Christians. Overthe past year, there has been an upsurge in anti-Christian violence, including fatal attacks directed againstchurches, a missionary hospital, and humanitarian organizations. 

Police protection appears ineffectual and,although the Pakistani government did take some steps with regard to the recent attacks on Christians, no onehas yet been successfully prosecuted for the killings. Perpetrators of attacks on minorities are seldombrought tojusticeSuccessive governments have seriously violated religious freedom in Pakistan. 

Discriminatory religiouslegislation has helped to create an atmosphere of religious intolerance and eroded the social and legal statusofnon-Muslims. Government officials provide fewer protections to non-Muslims than to members of the majoritySunni Muslim community. Belated efforts to curb extremism by reforming Pakistan's thousands of Islamicreligious schools appear to have had little effect thus far. 

Despite the proposed Madrassah reform law,too many of Pakistan's Islamic religious schools continue to provide ideological training and motivation tothosewho take part in violence targeting religious minorities in Pakistan and abroad. American journalist DanielPearl was forced to "confess" his religion as Jewish before being beheaded on a training video byIslamic extremists.

The Constitution of Pakistan declares members of the Ahmadi religious community to be"non-Muslims" despite their insistence to the contrary. Ahmadis are prevented by law from engagingin the fullpractice of their faith. Barred by law from "posing" as Muslims, Ahmadis may not call their placesof worship "mosques," worship in non-Ahmadi mosques or public prayer rooms (otherwise open to allMuslims), performthe Muslim call to prayer, use the traditional Islamic greeting in public, publicly quote from the Quran, ordisplay the basic affirmation of the Muslim faith. 

These acts are punishable by imprisonment of up to threeyears. It is illegal for Ahmadis to preach in public, to seek converts, or to produce, publish, anddisseminate their religious materials. These acts are also punishable by imprisonment of up to three years.Ahmadis havebeen arrested and imprisoned for all of the above acts, and they are reportedly subject to ill treatment fromprison authorities and fellow prisoners. Ahmadis who refuse to disavow their claim to being Muslims areeffectively disenfranchised. There is no indication that the Musharraf regime intends, or has even seriouslyconsidered, changes to the anti-Ahmadi laws.

Prescribed penalties for blasphemy include death for whoever "defiles the sacred name of the HolyProphet Muhammad" and life imprisonment for whoever "willfully defiles, damages, or desecrates acopy of theholy Quran." Blasphemy allegations (often false) result in lengthy detention of and sometimes violenceagainst Christians, Ahmadis, and other religious minority members as well as Muslims on account of theirreligiousbeliefs. 

The negative impact of the blasphemy laws is further compounded by the lack of due process andevidentiary standards that are involved in these proceedings. In addition, during blasphemy trials, Islamicmilitants often pack the courtroom and make public threats about the consequences of an acquittal. Defenseattorneys in blasphemy cases have been the targets of violence. One judge who ruled in favor of the defendantsin a high-profile blasphemy case was subsequently assassinated. Although no one has yet been executed by thestate under the blasphemy laws, some persons have been sentenced to death. 

Several accused under theblasphemy laws have been attacked, even killed, by vigilantes, including while in police custody; those whoescape official punishment or vigilante attack are forced to flee the country. Others have died in policecustodyunder allegedly suspicious circumstances. 

Following an abortive attempt in 2000 at introducing proceduralreforms, the Musharraf government has made no further effort to reform, much less repeal, the blasphemy laws.In a recent positive development, in August of this year, the Supreme Court of Pakistan threw out theconviction of Ayub Masih, the first Pakistani Christian sentenced to death in a blasphemy case. His convictionwasoverturned on grounds that the accusations against him were false; however, the provisions of law under whichhe was charged remain unchanged.