Although Pakistan’s blasphemy laws are infamous within
human rights circles, many people understandably do not know what they are, how
they work, or whom they affect. Unfortunately these laws affect thousands of
people across Pakistan, impeding freedom of expression and religion, and, in
many cases, causing a threat to safety.
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The official name of Pakistan is the "Islamic
Republic of Pakistan", according to its constitution, and over 96% of its
167 million citizens (2008) are Muslims[i]. Among countries with a Muslim majority,
Pakistan has the most restrictive anti-blasphemy laws. According to Article 2
of Pakistan’s constitution, Islam is the state religion, and by Article 31, it
is the country's responsibility to cultivate and protect the Islamic way of
life. This is the root of Pakistan’s blasphemy laws.
The ‘blasphemy laws’ comprise several sections of Pakistan’s
Criminal Code, and are particularly non-specific and potentially
all-encompassing: §298 criminalizes any action, gesture, word or sound committed
with ‘the deliberate intention of wounding the religious feelings of any person’,
and § 295-A criminalizes ‘outraging religious feelings’. This broad scope makes
these laws very easy to abuse, and can be used in personal disputes and
vendettas.
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How does blasphemy law affect human rights?
Human Rights violations under the country’s abusive blasphemy law continue, and have been reported in research from various human rights organizations. In 2012 dozens of people were charged on new blasphemy cases, and at least 16 people remained on death row for blasphemy convictions. Another 20 served life sentences[ii]. Further to state sanctioned punishments and human rights violations, those accused of blasphemy and their families are also subjected to harassment, violence and stigmatization, and are at risk of being murdered by mobs or vigilantes. In many cases the Pakistani authorities have failed to adequately protect these vulnerable people, and even after acquittal persons accused of blasphemy often have to leave Pakistan and go in to hiding[iii]. In addition to this, those accused are subject to immediate incarceration and bail is often denied, in order to prevent the accused being attacked and murdered[iv].
From 1986 to 2007, Pakistan’s authorities charged
647 people with committing blasphemy offences[v].
Most notably religious minorities are disproportionately affected; 50% of those
charged were non-Muslims, who represent only 3% of the national population[vi]. So
far no judicial execution for a blasphemy conviction has ever occurred in
Pakistan, but 20 people of those charged have been murdered [vii].
By 2010, the total number of people charged under these laws was around 1274[viii].
·
No proof of intent is required,
and arguably would be nearly impossible to establish.
·
No evidence is required to be
presented following any accusations of blasphemy.
·
There are no penalties for
allegations found to be false.
·
Accused individuals are often
imprisoned without full investigation or proof and many spend years in
incarceration without trial.
·
The laws are abused by religious
extremists - a large number of accused individuals have been killed by various
societal actors taking the law into their own hands.[ix]
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Who can be accused of Blasphemy?
In short, anyone can be accused. One of the focal
problems with Pakistan’s blasphemy law is that, because it is so general, it
can be easily abused: the groups of people most frequently accused of
contravening this law are often physically, economically, socially, or mentally
impaired, and vulnerable to abuse. For example, in July 2012, police arrested a
man who appeared to suffer from a mental disability for allegedly burning the
Quran. A mob organized by local clerics demanded that the man be handed to
them, attacked the police station, pulled the victim out, and burned him alive.[x]
Religious minorities are also susceptible to this persecution: in 2010 a
Christian from Punjab province, Aasia Bibi, became the first woman in the
country's history to be sentenced to death for blasphemy, and in 2012 she
remained in prison[xi].
On August 17th 2012, Islamabad police took
Rimsha Masih into custody, a 14-year-old Christian girl with a “significantly
lower mental age” from an economically deprived Islamabad suburb[xii].
She was accused of burning pages of Quranic passages. A mob formed, demanding
that it be handed the girl so that it could kill her; Police had to fight back
the mob to prevent her murder. Threats against the local Christian community
forced around 400 families to flee their homes[xiii].
The accuser, cleric Khalid Chishti, was arrested for fabricating evidence in an
attempt to rid the community of Christians. Rimsha Masih was released On
September 23rd, police officials stating they had found no evidence
against her. She was given state protection at an undisclosed location, and in
2013 was granted permanent immigration status in Canada[xiv].
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Who else does it affect?
Blasphemy laws do not only affect those accused of
blaspheming; judges, lawyers and police are also at risk of threats of
violence, intimidation and attacks when having dealt with a blasphemy
allegation[xv].
Similarly, anyone who publicly opposes or challenges blasphemy laws is likely
to face the same intimidation and violence. An accusation of blasphemy can also
precede rioting and demonstrations, during which many people can be injured[xvi].
Prominent figures like Salman Taseer (the former governor of Punjab)
and Shahbaz Bhatti (the Federal Minister for
Minorities) have been assassinated for their opposition to the blasphemy laws.
In part because of this the civilian government in Pakistan has not changed the
laws, as they fear a response from the religious groups in Pakistan if they
propose an amendment.
How is it progressing?
Pakistan’s blasphemy law has also extended its reach to
the internet, with access to certain websites and search engines restricted or
blocked entirely. In May 2010, for
example, Pakistan blocked
access to Facebook because the website hosted a page
called ‘Everybody Draw Muhammad Day’. Pakistan lifted the block
after Facebook prevented access to the page. In June 2010, Pakistan blocked seventeen websites for hosting content
that the authorities considered offensive to Muslims. At the same time,
Pakistan began to monitor the content of Google, Yahoo,
YouTube, Amazon, MSN, Hotmail, and Bing[xvii].
What can I do?
GHRD has worked with grassroots projects and small partner
organizations to promote and protect human rights in Pakistan. In 2013 GHRD
made a documentary entitled ‘Pakistan: A Defining Moment’, covering, amongst
other things, human rights violations resulting from the country’s blasphemy
laws. We are trying to take the documentary on tour around universities to
engage young people and encourage them to write to the UN Special Rapporteur on
Religious Freedom or Belief, pushing for further action and protection for
Pakistan’s religious minorities and human rights defenders. But we need your help! Visit our campaign, contribute whatever you can to this amazing project, share the campaign and
spread the word! Be a part of the solution for Pakistan.
[i]
"Committee on Elimination of Racial Discrimination considers report of
Pakistan". Press Release. United Nations. 20 February 2009. Retrieved 27 June
2009.
[iv] "Annual Report of the United States Commission
on International Religious Freedom May 2009". Pakistan. United States Commission on International Religious
Freedom. May
2009. Retrieved 24 June 2009.
[v] "Christians often victims under Pakistan's
blasphemy law". The
Evangelization Station. FIDES/CWNews. 13 May 2005. Retrieved 22 June 2009.
[vii] "Pakistan: Use and abuse of blasphemy laws". AI Index: ASA 33/008/1994. Amnesty
International. 27 July 1994. Retrieved 19 February 2010.
[viii] Siddiqi, Tabinda (19 Sep 2012). "Timeline: Accused under the Blasphemy Law". Dawn. Retrieved 7 November 2012.
[ix]
GHRD/HRFP joint submission to the UN Human Rights Council Universal Periodic
Review of Pakistan,
14th
session of the Working Group on the UPR (22 October - 5 November 2012)
[xv] "Annual Report of the United States Commission
on International Religious Freedom May 2009". Pakistan. United States Commission on International Religious
Freedom. May
2009. Retrieved 24 June 2009
[xvi] The Associated Press (1 August
2009). "6 Pakistani Christians die in riots with
Muslims". Toronto
Star.
