c. 1996 Religion News Service
WASHINGTON (RNS)-Pakistan’s controversial blasphemy laws, which carry a mandatory death sentence, continue to foster a climate of violence and intolerance against Christians and Ahmadiyyah Muslims in the predominantly Sunni Muslim nation, human rights advocates told a Senate panel Wednesday (March 6).
At a hearing of the Senate Foreign Relations Subcommittee on Near East and South Asia, witnesses urged the U.S. government to use its influence with Prime Minister Benazir Bhutto to press for repeal of the blasphemy laws and full freedom of conscience for all religious minorities in Pakistan.”The impact of Islamic extremist ideology on religious liberty in Pakistan continues to increase at an alarming pace,”said Ann J. Buwalda, U.S. director of the Jubilee Campaign, a British-based human rights group.”The violation of fundamental rights and religious liberty of the Christian, Ahmadi and other religious minorities in Pakistan must come to an end.” Under Pakistani law, the death penalty must be imposed on”whoever by words, either spoken or written … or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet.” Many nations, including the United Kingdom, Italy and Germany, still have general laws outlawing blasphemy. Pakistan’s laws themselves are a legacy of British colonial rule. However, during military dictator Zia ul Haq’s Islamization campaign in the 1980s, several changes were enacted making the religious laws specific to Islam and imposing the death penalty.
According to the non-governmental Human Rights Commission of Pakistan, more than 500 blasphemy cases-most involving Ahmadis and Christians-are pending before Pakistani courts. Ahmadis, who broke off from Sunni Islam in the 19th century over the issue of whether Mohammad was the final prophet, were ruled a heretical Islamic sect in 1974.
To date, although several Pakistanis have been convicted under the country’s blasphemy laws, no one has been executed.
The laws received international attention in 1994 and 1995 with the case of Salamat Masih, a Christian youth first charged with blasphemy when he was 13 years old. In April 1994, Masih and his two co-defendants were attacked in a drive-by shooting after a court hearing in their case. Co-defendant Manzoor Masih (no relation) was killed; Salamat sustained minor injuries.
In February 1995, the two surviving blasphemy defendants were convicted and sentenced to death. However, the convictions were overturned two weeks later by the Lahore High Court, which cited a”lack of evidence.”The two men fled Pakistan last year after receiving numerous death threats and have received asylum in Germany.
A six-page statement released by the Embassy of Pakistan asserted that the Pakistani Constitution guarantees religious liberty for all groups.”The complaints and grievances regarding (blasphemy legislation) emanate not from the law itself, but its misuse or abuse,”the statement said, emphasizing that”the few convictions by the lower courts”have all eventually been overturned by higher courts.”The government of Pakistan is determined to thwart any religious intolerance,”the statement said. However, it concluded, since Bhutto lacks the three-fourths majority in the National Assembly needed to amend the laws,”the process of change, per force, has to be gradual and incremental.” During the Senate hearing, Buwalda and others testified that the blasphemy laws continue to prompt arrests, harassment and violence.
In November, Mukhtar Masih, a Christian arrested on blasphemy charges, died in police custody under still-unexplained circumstances. In October, there was a failed assassination attempt against prominent human rights attorney Asma Jehangir, one of the few lawyers willing to defend those accused of blasphemy.
Robin L. Raphel, U.S. assistant secretary of state for South Asian affairs, testified that the U.S. government remains very concerned about enforcement of what she called”these discriminatory and inflammatory”blasphemy laws.”We have repeatedly and publicly called for the repeal of these laws,”she said, adding that U.S. officials also”regularly raise this issue at the highest levels.” During her 1995 trip to the United States, Bhutto declared her intent to implement legal amendments to the blasphemy laws. However, after massive demonstrations and a general protest strike called by fundamentalist groups in Pakistan, Bhutto publicly reversed her position and promised that blasphemy will remain a capital crime. Raphel told the Senate committee that Bhutto’s government has now indefinitely”deferred its decision”to bring blasphemy law amendments before the National Assembly.”Their view now that politically they cannot do that, I think sadly is quite valid,”she said.”The religious parties do not have much power at the ballot box, but (they) do have the power to bring people to the streets, making it difficult for the government to move forward in this regard.” David Forte, a Cleveland State University law professor and expert in Islamic law, testified that he believes the Pakistani government is”giving in to terrorism”by allowing continued enforcement of the blasphemy laws. He expressed concern that Raphel’s comments could be interpreted as support for capitulating to terrorists.
In an interview with RNS, Forte said,”It strikes me that the U.S. government should never, ever be in the position of validating terrorism. Courage is the first requisite to deal with terrorism, not appeasement.” Patricia Gossman, research associate for Human Rights Watch/Asia, urged the U.S. government to become more aggressive in pushing Pakistan for legal reform.”Human rights considerations have generally taken a back seat as the U.S. has attempted to improve relations with Pakistan and enlist its support in counter-narcotics and counter-terrorism efforts,”she said.
In an interview after the hearing, the Rev. Patrick Augustine, a Pakistani-American Episcopal priest in Virginia, said he is pleased the Senate is taking an interest in this issue.”Christians there live under fear every day,”he said.”I have a lot of Muslims friends, but I have to say I am very fearful for my people in Pakistan.”
MJP END LAWTON
