IMPLEMENT REFORMS TO THE BLASPHEMY LAW BUT DON'T FORGET THE "ANTI-AHMADI LAWS"

Comprehensive changes are needed to address the status and position of Ahmadis according to other provisions in the penal law and the 1973 Constitution.

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Credit: Blog - Hukook al-Insan: Human Rights, Governance, and Democracy in Muslim Majority Countries….Or Lack Thereof

The recent tragic killing of an Ahmadi Muslim teacher, Mr Rana Salim of Sanghir District, Sindh should be a clear indication to the Pakistani government that urgent action is necessary to stem the wave of violence and persecution that is faced by different religious sects and minorities in the country.  This last year, International and local campaign groups have stepped up pressure on the Pakistani government to repeal or amend the blasphemy provisions within Pakistan’s penal code.  Christian organizations have been at the forefront of this campaign.  A series of violent attacks, the most significant being the Gojra riots, have prompted fierce criticisms of the Pakistan’s treatment of religious minorities. Following the violence in Gojra, an inquiry tribunal panel, headed by a Lahore High Court Judge Iqbal Hameedur Rehman, was setup to investigate the riots and the events that lead up to the violence.  Monday that panel recommended  a series of reforms that include amending sections of Pakistan’s draconian blasphemy laws.

Here is a list of the positive recommendations that I could pull out from the Pakistan’s Daily Times, which seems to have the most comprehensive news item on the inquiry:

Pakistan’s Daily Times: Gojra report proposes amending blasphemy laws

    1)      The report proposes amendments to Pakistan Penal Code sections 295, 295-A, 295-B, 295-C, 296, 297, 298, 298-A, 298-B, 298-C.

    2)      Changes to “relevant provisions of the Criminal Procedure Code and the Police Order 2002.”

    It recommends that federal intelligence agencies be mandated to provide “first-hand information at the divisional level”. It also calls for the capacity building of the Special Branch, the establishment of a special force for the protection and protocol of VIPs and other vulnerable persons, the exclusion of district nazims in issues related to law and order, the establishment of intelligence and crime prevention branches, rules for effective utilisation of police in terms of Article 112 of Police Order 2002, the constitution of a district religious dispute resolution board, and categorization of districts on the basis of sensitivity.”

    The tribunal reached the conclusion that the riots were a result of the “inability of law-enforcement agencies to assess the gravity of the situation, inadequate precautionary and preventive measures taken by law-enforcement agencies, a lukewarm stance by the Toba Tek Singh DPO, the failure of intelligence agencies in providing prompt and correct information, a defective security plan, the irresponsible behaviour of the administration, the complete failure of police while discharging their duties, the non-enforcement of Section 144 of the Criminal Procedure Code, omissions to take steps under sections 107 and 151 of the CrPC, the lack of a decision to invoke the Punjab Maintenance of Public Order (MPO) 1960 – which amounts to letting the miscreants loose to wreak havoc during the course of the riots – and several other factors.

Interestingly enough, according to the Daily Times article, the Tribunal inquiry tries to tie in the current economic and security turmoil that Pakistan faces with the urgency of reform. The report indicates that Pakistan  is already facing insurmountable challenges that it need not shoot itself in the leg by adding sectarian conflict to its plate.

    1) Lahore High Court Judge Iqbal Hameedur Rehman “warned the government on Sunday that “the Gojra tragedy must be taken seriously and the needful [should] be done on war-footing without further loss of time””.

    2)      “The inquiry tribunal notes in the report that the country is already facing grave challenges in the form of terrorism and militancy – which, in addition to destroying the economy, have “disfigured our national image all over the world … we cannot afford any other menace, [such as] sectarian disputes”. It says efforts to control such unrest must begin immediately.”

Though this is clearly a positive step, it is yet to be determined how the Zardari government will respond to this report. If history repeats itself, it’s likely that opposition from more extremist religious groups will further delay chances of any type of meaningful reform.

Nevertheless, if serious steps are taken to try to improve the situation of minority religious sects and organizations in Pakistan, the government should not lose sight of the fact that for reforms to be comprehensive other provisions of the penal code need to be repealed or amended as well. A similar enquiry should be made of the systematic and repeated violence faced by other religious groups in the country, particularly Ahmadi Muslims. Such an inquiry should not only detail the violence faced by Ahmadis by extremist groups, but should also report on the systematic state-sponsored persecution of the sect.

Comprehensive changes are needed to address the status and position of Ahmadis according to other provisions in the penal law and the 1973 Constitution.  Interestingly enough, though the tribunal was not set-up to address the Ahmadi issue, the current panel did propose amendments to not only the blasphemy provisions of the penal code but also sections 298-B and 298-C which are commonly referred to as the “anti-Ahmadi laws“.  Since I have not really read the report we won’t really be able to tell what type of amendments the inquiry actually proposes for these  provisions.   Another positive aspect of this inquiry is that it actually attempts to analyze the deficiencies in the security and police apparatus which has largely failed to protect religious groups against violence. Particular attention is needed for criminal procedure rules which make it far too easy for the police to arrest and detain on complaint.

At the moment I haven’t read the report so I can’t say much, hopefully as we know more I’ll keep you guys updated.  It will be interesting to know what type of specific amendments or repeals are proposed by the tribunal. Plus, if you guys come across any publication regarding this, please comment below or send me on email.

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