Stop Unlawful Death Penalty, Repeal Blasphemy Laws UA 010905(9)

To mark a positive development, the minister for Minority Affairs Shabaz Bhatti, told the National Assembly on 16 January that the government would form a special committee to eliminate all discriminatory laws. He also said the government will introduce legislation annulling the Blasphemy Laws. However, some Muslim religious oppose these changes and are threatening the government with the religious lobby in the country.

Two recent developments also created hope for change. Five Christians belonging to the same family, who were charged with blasphemy in April 2007 were released on 19 January 2009. Also, a group of Muslim lawyers have opposed a Muslim accuser's allegations and announced they would defend the five Ahmadis (including 4 minors) for free. Ahmadis were declared non-Muslims by the state in 1973.

Recently, on 4 March 2009, the United Nations Committee on the Elimination of Racial Discrimination expressed its concern about reported infringements of the right to freedom of religion and the risk that Blasphemy Laws may be used in a discriminatory manner against religious minority groups and ethnic minorities, and urged Pakistan to ensure that all persons enjoy their right to freedom of thought, conscience and religion, without discrimination, in accordance with Article 5 (d) of the International Convention on the Elimination of all Forms of Racial Discrimination.

Blasphemy Laws were introduced during the regime of Pakistan's Islamist President General Zia-ul-Haq (1977-88). The most controversial laws are sections 295-B and C of the Pakistan Penal Code (PPC) which punishes disrespect for the Quran and defaming the Prophet Muhammad with either life imprisonment or death penalty. The laws are easily abused and are often used to settle personal disputes and to persecute Christians, Ahmadis, Hindus and members of minority Muslim groups.

Meanwhile, in April, death penalty was made mandatory for blasphemy under Article 295-C of the Pakistan Penal Code, when the option of life imprisonment was taken away. The consequences are far reaching, considering the difficulties in ensuring a fair trial in blasphemy cases.

In most blasphemy cases, police and courts have been under pressure of religious clerics and no lawyer has been ready to defend cases. Although previous governments tried to minimize the misuse of the laws through various amendments, these moves have not been successful, mainly due to the pressure from religious clerics.

ACPP has been supporting local efforts to repeal Blasphemy Laws and raise awareness on their injustice and effect on victims. For background and specific cases on Blasphemy Laws, please refer to the previous UAs: UA000525(8), UA001103(16), SUA010802(3) and UA010905(9) .

Source:
Minority Concern

The National Commission for Justice and Peace (NCJP) of the Catholic Bishops' Conference of Pakistan has reiterated its demand for repeal of blasphemy laws. This statement was issued following the Blasphemy charge of an illiterate man, Mr. Yousaf Masih, for allegedly desecrating the Quran in June 2005.

After the news of the alleged desecration, extremists of the locality reportedly ransacked a Hindu Temple on the same night (28 June) and local Christians and Hindus fled to the police station to seek protection. This temple was reportedly the same one damaged following the destruction of the Babri Mosque in Ayodhya, India in 1992.

In the statement, the NCJP condemned the destruction of the place of worship over the allegation of Quran desecration, and demanded effective measures to check violence in the name of religion.

In another statement in September, the NCJP has held the government responsible of their passivity in repealing the blasphemy law and allowing violence to take place on minorities. Recent incidents where minority communities were subjected to harassment, threats and looting of their properties were emphasized. The NCJP calls for an urgent repeal of the Blasphemy Laws, and the need for an awareness drive to inculcate culture of religious tolerance among the masses. They also demanded a close monitoring of blasphemy cases and speedy action to ensure social harmony.

In the NCJP's first half year report of 2005 on situation of minorities in the country, an alarming 60 prosecutions were reported, with victims including women and children. The recent procedural amendments announced in August 2004 were also proved to have no effect as registration of false cases under blasphemy provisions continued.

Hotline Asia has been issuing Urgent Appeals that call for the repeal of Blasphemy Laws since 1998. Individual cases of victims sentenced to death under the Blasphemy Laws have since been acquitted after years of opposition and calls for investigation, while many cases involving both Christian minorities and Muslims, are still believed to be pending in the courts. Efforts were also made to amend the Blasphemy Laws in the Parliament but recent proposals were considered insufficient by NGOs who are calling for the repeal of the Laws.

More information about the injustice of the Blasphemy Laws can be found in UA980505(3), UA000525(8), UA001103(16), UA010905(9), SUA010113(1) and SUA010802(3) issued by Hotline Asia.

Sources:
National Commission for Justice and Peace