Pakistan
religious intolerance -
US
Commission International Religious Freedom
Key
Findings
Pakistan represents one of
the worst situations in the world for religious freedom for countries not
currently designated by the U.S. government as “countries of particular
concern.” In the past year, the government grappled with a challenging security
environment and initiated efforts to fight the Pakistani Taliban. However,
despite these efforts, Pakistan continued to experience chronic sectarian
violence targeting Shi’a Muslims, Christians, Ahmadi Muslims, and Hindus.
Despite positive rulings by the Supreme Court, the government failed to provide
adequate protection to targeted groups or to prosecute perpetrators and those
calling for violence. Pakistan’s repressive blasphemy laws and anti-Ahmadi laws
continue to violate religious freedoms and to foster a climate of impunity.
USCIRF again recommends in 2015 that Pakistan be designated a “country of
particular concern,” or CPC, under the International Religious Freedom Act
(IRFA), as it has recommended since 2002.
Background
Pakistan is an ethnically
and religiously diverse country of over 190 million people. The 1998 census of
Pakistan found that 95 percent of the population identified as Muslim. Of that,
75 percent identified as Sunni, but that is divided among numerous Sunni sects
and denominations. 25 percent of the Muslim population identified as Shi’a. Two
to four million Ahmadis consider themselves Muslims, but Pakistani law does not
recognize them as such. Non-Muslim faiths constitute roughly five percent of
the population, and include Christians, Hindus, Parsis/Zoroastrians, Baha’is,
Sikhs, Buddhists, and others. Shi’a, Christian, and Hindu groups believe their
communities are larger than the census reported.
In 2014, the Pakistani
Supreme Court took up the issue of violence against religious minorities on
several occasions, going so far as to mandate the creation of special police
forces and monitoring bodies. Despite court oversight and democratic
institutions, the Pakistani government engaged in and tolerated systematic,
ongoing, and egregious violations of freedom of religion or belief. Pakistan’s
legal environment is particularly repressive due to its religiously
discriminatory constitutional provisions and legislation, including its
blasphemy laws. The government failed to protect citizens, minority and
majority alike, from sectarian and religiously-motivated violence, and
Pakistani authorities have not consistently brought perpetrators to justice or
taken action against societal actors who incite violence.
In this climate, Prime
Minister Nawaz Sharif and his party in parliament made condemnatory statements
against acts of violence and established a commission on religious minorities
under the Ministry of Religious Affairs. While prosecutions of perpetrators
were generally rare, this year an anti-terror court did sentence to death an
individual for the 2010 attacks on an Ahmadi mosque. An anti-terror court also
remanded four individuals for the mob attack that killed a Christian couple in
November 2014 over blasphemy allegations. In civilian courts, where the
majority of these cases are heard, militants can intimidate judges and lawyers
and perpetrators of mob attacks are frequently released on bail.
No action was taken to
reform repressive laws, with observers noting that the National Assembly spent
only 15 hours out of over 1000 to discuss rising violence against religious
minorities. In addition, in contrast to the previous government, the Sharif
government decreased the representation of religious minorities in positions of
influence, as the interfaith harmony ministry remained folded into the ministry
for religious affairs, which primarily deals with hajj participation. The
Sharif government continued to recognize the Minorities Day holiday,
established by the late Shahbaz Bhatti, the Minister of Minority Affairs who
was assassinated in 2011, although the level of participation by government
officials was low. The trial of Shahbaz Bhatti’s murderers was suspended due to
threats to prosecution witnesses made in the courtroom by militants.
In June 2014, after
recurring attacks, the Pakistani military launched military operations against
the Pakistani Taliban’s base of operations in North Waziristan. In retaliation,
the Pakistani Taliban attacked soft targets, such as Shi’a mosques, churches,
and a school for the children of military officers in Peshawar. The December 16
school attack – which killed over 130 children, many execution style, and
wounded scores – led Prime Minister Sharif to launch a National Action Plan,
which was supported by the major political parties. The 20-point plan, inter
alia, created military courts to try terrorists, emphasized actions taken to
stop religious extremism and to protect religious minorities, and said an
effort would be made to register madrassas.
After the reporting period,
USCIRF Commissioners made the first ever Commissioner-level visit to Pakistan
in March 2015. Commissioners met with high ranking Pakistani officials,
including National Security Adviser Sartaj Aziz, as well as officials in the
Ministries of Interior and Religious Affairs. Tragically, suicide bombers
attacked two churches in Lahore the day the USCIRF delegation departed
Pakistan.
Religious
Freedom Conditions 2014-2015 Targeted Sectarian Violence
The Pakistani government’s
failure to effectively intervene against violence targeting the Shi’a minority
community, as well as against Christians, Hindus and Ahamdis, continued during
the reporting period. USCIRF found that from July 2013 to June 2014, 122
incidents of sectarian violence occurred, resulting in more than 1,200 casualties,
including 430 deaths. Authorities have not consistently brought the
perpetrators of such violence to justice. Early attempts in 2014 to negotiate
peace with the Pakistani Taliban dissolved after repeated attacks, which
spurred a major military offensive. The Pakistani Taliban has been a major
persecutor of religious minorities, as well as Sunni Muslims who disagree with
their ideology, so the military offensive may limit their ability to use
violence. However, the Pakistani Taliban may retaliate, as they have in the
past, by targeting Shi’a Muslims and schools. Also, any military gains will
likely be short-lived without a similar government effort on the civilian side
to ensure arrests and prosecutions of perpetrators and instigators of religious
violence.
Shi’a
Muslims
During 2014, militants and
terrorist organizations continued to target Shi’a processions and mosques, as
well as social gathering places, with impunity. Police, if present, have failed
to stop attackers before people are killed, and the government has not cracked
down on the groups that repeatedly target Shi’a Muslims. The government has not
successfully prosecuted the leader of Lashkar-e-Jhangvi, a banned terrorist
organization behind many of the attacks, who is regularly released due to a
purported lack of evidence. Christians Violence against Christians continued,
with few concrete actions taken by federal or provincial officials to ensure
their protection. For instance, after the 2013 mob attack on the Christian
village Joseph Colony in Punjab, the provincial government provided some
reparations but all of the attackers were released on bail. The only person
serving a prison sentence is a Christian falsely accused of blasphemy, who was
sentenced to death. Other attacks against Christians because of allegations of
blasphemy continued (see below).
Ahmadis
During 2014, individual
Ahmadis continued to be murdered in religiously-motivated attacks. In May 2014,
a Canadian-American Ahmadi doctor visiting Pakistan to do relief work was murdered
in front of his family. In July, three Ahmadis – a grandmother and her two
grandchildren – were killed in an arson attack by a mob. In December, a major
Pakistani television station aired an interview with religious scholars who
referred to Ahmadis as “enemies.” Days later, an Ahmadi was murdered; the
community suspects motivation from the television broadcast. (See more about
the unique legal repression of Ahmadis below.) In addition, local police
repeatedly forced Ahmadis to remove Qur’anic scripture from mosques and
minarets.
Hindus
Allegations of kidnappings
of Hindu women, followed by forced conversions to Islam and forced marriages to
Muslim men, continued to arise throughout 2014. Hindu women are particularly
vulnerable to these crimes because Pakistani law does not recognize Hindu
marriages. In March 2014, a mob set fire to a Hindu community center in southern
Pakistan after allegations that a Hindu had desecrated a Qur’an. Four other
Hindu temples were attacked that month elsewhere.
Forced
Conversions
Forced conversion of
Christian and Hindu girls and young women into Islam and forced marriage
remains a systemic problem. The Movement for Solidarity and Peace in Pakistan
estimates that hundreds of Christians and Hindus are victimized each year.
Blasphemy
Laws
The country’s blasphemy
laws, used predominantly in Punjab province but also nationwide, target members
of religious minority communities and dissenting Muslims. During the reporting
period, five individuals were sentenced to death and one to life in prison, their
actions had blasphemed Islam. After the reporting period, the Punjab
Prosecution Department and provincial judiciary announced that they had
reviewed 262 blasphemy cases awaiting trial and recommended that 50 be reviewed
for dismissal because the accused had been victimized by complainants. No
religious minorities were included in the review.
Violence continued to be
perpetrated around blasphemy allegations. In March 2014, a Pakistani Christian
was murdered after being acquitted. In May, a leading human rights attorney,
Rashid Rehman, was murdered in his office for defending a Muslim accused of
blasphemy. In September, a leading Islamic scholar was gunned down after
allegations of blasphemy. In November, a mob killed a Christian man and his
pregnant wife accused of blasphemy by throwing them into a brick kiln. Also in
November, a policeman killed a Shi’a Muslim with an axe while in custody due to
allegedly blasphemous statements.
Blasphemy laws are
inherently problematic and conflict with fundamental human rights protections.
In Pakistan, they are particularly pernicious. The punishments are severe:
death or life imprisonment. There is no clear definition of blasphemy, which
empowers the accuser to decide if a blasphemous act has occurred. No proof of
intent is required, nor must evidence be presented after allegations are made.
Penalties for false allegations are not part of the blasphemy laws, though bringing
the total of blasphemy prisoners in Pakistan to 38. In October, the Lahore High
Court upheld the death sentence of Aasia Bibi, a Christian woman convicted of
blasphemy in 2010 after a dispute with co-workers; she later wrote a letter
from her windowless cell to the Pakistani President requesting a pardon. Many
others have been charged with blasphemy and await trial. During 2014, charges
were brought against the owner of a major Pakistani television station, as well
as a popular Pakistan singer-turned imam, when individuals felt they may exist
in other criminal code provisions. The need for specific penalties was
demonstrated when USCIRF asked government officials about instances where false
allegations of blasphemy were prosecuted and they were not able to offer a
single example.
Legal
Restrictions on Ahmadis
Ahmadis are subject to
severe legal restrictions, both in the constitution and criminal code, and
suffer from officially-sanctioned discrimination. 2014 was the 40th anniversary
of Pakistan’s second amendment, which amended the constitution to declare
Ahmadis to be “non-Muslims.” Other discriminatory penal code provisions make
basic acts of Ahmadi worship and interaction criminal offenses. They also are
prevented from voting.
Education
Discriminatory content
against religious minorities in provincial textbooks remains a concern. The
provincial government of Khyber Pakhtunkhwa announced plans in October 2014 to
restore problematic references to jihad that could support violence. More
positively, the Sindh provincial Ministry of Education ordered the removal of
all discriminatory passages about religious minorities. At the end of the year,
it was unclear whether the positive or negative changes had been implemented.
In addition, USCIRF received reports of preferential treatment for Muslim
students, who can receive extra credit for memorizing the Qur’an, making it
easier for them to obtain government jobs or university placement. This also discriminates
against students from non-Muslim religions. USCIRF’s 2011 study of Pakistani
textbooks found that an alarming number of Pakistan’s public schools and
privately-run madrassas devalue religious minorities in both textbooks and
classroom instruction. The madrassa education system generally relies on very
old religious texts and for the most part does not educate children about the
value of religious tolerance and diversity.
U.S.
Policy
Pakistan plays a critical
role in U.S. government efforts to combat al-Qaeda and in supporting U.S. and
multinational forces in Afghanistan. However, with the drawdown of combat
troops from Afghanistan, U.S. government reliance on Pakistan for transport of
supplies and ground lines of communication to Afghanistan will decrease.
Regardless, the United States will remain engaged with Pakistan, due to
concerns about Pakistani links to terrorists and other militants opposed to the
Afghan government, the country’s nuclear arsenal, its contentious relationship
with neighboring India, and other issues.
Overall U.S.-Pakistan
relations have long been marked by strain, disappointment, and mistrust. Human
rights and religious freedom have not been among the highest priorities in the
bilateral relationship, although U.S. Embassy Islamabad has actively tracked
cases and U.S. officials have raised concerns with Pakistani officials. The
Strategic Dialogue, established between the United States and Pakistan in 2010,
includes the topics of “economy and trade; energy; security; strategic
stability and non-proliferation; law enforcement and counter-terrorism; science
and technology, education; agriculture; water; health; and communications and
public diplomacy,” but not human rights. Although the Dialogue was dormant for
some time due to challenges in the bilateral relationship, by the end of the
reporting period select bilateral working groups reportedly were meeting.
USCIRF has recommended the inclusion of a working group on religious tolerance,
so as to create a positive forum to engage on issues of mutual concern.
The aid relationship with
Pakistan is complex and changing. Congress has placed certification
requirements on U.S. military assistance to Pakistan focusing on
counterterrorism cooperation. The State Department notified Congress that the
Obama Administration would waive the certification requirements in July 2014.
Non-military U.S. aid dramatically increased in recent years, while military
aid has ebbed and flowed over the decades of engagement. In October 2009,
President Obama signed the Enhanced Partnership with Pakistan Act (also known
as the Kerry-Lugar-Berman Act) authorizing an additional $7.5 billion ($1.5
billion annually over five years) in mostly non-military assistance to
Pakistan. However, the $1.5 billion amount was only met in the first year, and
the appropriated amount has been approximately one-third of that each year
since. The Act expired in 2014. The Obama Administration’s FY2015 request for
aid to Pakistan totaled $882 million.
Recommendations
Promoting respect for
freedom of religion or belief must be an integral part of U.S. policy in
Pakistan, and designating Pakistan as a CPC would enable the United States to
more effectively press Islamabad to undertake needed reforms. The forces that
target religious minorities and members of the majority faith present a human
rights and security challenge to Pakistan and the United States. USCIRF
recommends that the U.S. government should:
·
Designate Pakistan as a “country of
particular concern,” as required under IRFA, due to the government’s engagement
in and toleration of particularly severe violations of religious freedom, and
work to reach a binding agreement with the Pakistani government on steps to be
delisted and avoid Presidential actions; such an agreement should be
accompanied by Congress appropriating resources for related capacity building
through the State Department and USAID mechanisms;
· Press the Pakistani government to implement
the Supreme Court decision to create a special police force to protect
religious groups from violence and actively prosecute perpetrators, both
individuals involved in mob attacks and members of militant groups;
·
Recognize the unique governmental offices
focusing on religious tolerance at the federal and provincial levels by
including discussions on religious tolerance in U.S.-Pakistan dialogues or by
creating a special track of bilateral engagement about government efforts to
promote interfaith harmony;
·
Urge the reestablishment of the Federal
Ministry for Interfaith Harmony and the removal of the commission on religious
minorities from the Ministry for Religious Affairs, giving both direct access
to the cabinet and Prime Minister;
·
Work with international partners to raise
religious freedom concerns with Pakistani officials in Islamabad and in
multilateral settings, and to encourage the Pakistani government to invite the
UN Special Rapporteur on Freedom of Religion or Belief for a country visit;
·
Encourage national textbook and curricula
standards that actively promote tolerance towards members of all religions,
both in government schools and the madrassa system overseen by the religious
affairs ministry;
·
Encourage the government of Pakistan to
launch a public information campaign about the historic role played by
religious minorities in the country, their contributions to Pakistani society,
and their equal rights and protections; either in parallel or independently,
use the tools of U.S. public diplomacy to highlight similar themes;
·
Urge the Pakistani government and provincial
governments to review all cases of individuals charged with blasphemy in order
to release those subjected to abusive charges, as is underway in Punjab, while
still also calling for the unconditional release and pardoning of all
individuals sentenced to prison for blasphemy or for violating anti-Ahmadi
laws;
·
Work with federal and provincial
parliamentarians to support the passage of marriage bills recognizing Hindu and
Christian marriages;
·
Call for the repeal of the blasphemy law and
the rescinding of anti-Ahmadi provisions of law; until those steps can be
accomplished, urge the Pakistani government to reform the blasphemy law by
making blasphemy a bailable offense and/or by adding penalties for false
accusations or enforcing such penalties found elsewhere in the penal code;
·
Ensure that a portion of U.S. security
assistance is used to help police implement an effective plan for dedicated
protection for religious minority communities and their places of worship; and Provide
USAID capacity-building funding to the provincial Ministries of Minority
Affairs, and work with Pakistan’s government and minority religious communities
to help them reach agreement on measures to ensure their rights and security in
the country.
