Pakistan’s Blasphemy Laws as Well as Forced Conversions and Marriages Not Only Violate The UN Charter but Also Islam’s Pristine Values; Sultan Shahin Tells UNHRC at Geneva On 20 September 2024

By Sultan Shahin, Founder-Editor, New Age Islam 20 September 2024 The UN Committee Recommends That Pakistan Repeal or Reform Its Blasphemy Laws. Also, The Committee Expresses Its Deep Concern “About The Frequent Reports That Women and Girls, In Particular Hindu Dalit and Christian Women and Girls, Face Threats, Harassment and Intimidation, Abductions, Sexual Violence, Forced Marriages and Forced Conversions.” ----- Full Text of the Oral Statement by Sultan Shahin at 57th session of the Human Rights Council, 9 September to 11 October 2024 Agenda Item 3: Promotion and Protection of All Human Rights, Including the Right to Development (General Debate) NGO: Centre for Human Rights and Peace Advocacy CHRAPA Intervention by: Sultan Shahin (Full name as in Passport: Syed Sultan Ahmad Jilani) Mr. President, Our organization is deeply concerned about the escalating human rights violations in Pakistan and its administered Azad Jammu and Kashmir, where civil, political, economic, social, and cultural rights, freedom of expression, freedom of belief are under severe threat. The UN Committee on the Elimination of Racial Discrimination, in its review of Pakistan’s periodic reports (CERD/C/PAK/CO/24-26) presented on 23 August 2024, has recommended the repeal or reform of Pakistan’s blasphemy laws. The Committee also expressed grave concern over the frequent reports of threats, harassment, abductions, sexual violence, forced marriages, and forced conversions, particularly targeting Hindu Dalit and Christian women and girls. Mr. President, While Pakistan identifies itself as an Islamic Republic and is a signatory to the UN Charter, its blasphemy laws and the alarming incidents of forced conversions and marriages not only contravene the Universal Declaration of Human Rights but also contradict the true values of Islam. Islam does not prescribe punishment for blasphemy, nor does it permit forced conversions or marriages. The Quran explicitly states, “There is no compulsion in religion” (Surah Al-Baqarah, 2:256). Additionally, Islamic law mandates that no marriage can occur without the explicit consent of the woman. Moreover, the Holy Quran offers several examples of blasphemy by non-Muslims during the time of the Prophet Muhammad (PBUH), yet no punishment is prescribed for such acts. Instead, Muslims are instructed in Surah Al-An'am (6:108) to refrain from insulting other religions. CHRAPA urges Pakistan to heed the recommendations of the Committee on the Elimination of Racial Discrimination and take immediate steps to uphold both international human rights standards and the ethical teachings of Islam. Thank you, Mr. President. ----- In order to accommodate as many ECOSOC Status NGO delegates as possible each delegate is only allowed to speak for 90 seconds in that forum; however, to elaborate a little for New Age Islam readers, I am presenting below some relevant excerpts from the UN Committee’s ground breaking report on the periodic reports of Pakistan (CERD/C/PAK/CO/24-26) presented on 23 August 2024. --- CERD/C/PAK/CO/24-26 ADVANCE UNEDITED VERSION Distr.: General Date: 23 August 2024 Original: English, French and Spanish Committee on the Elimination of Racial Discrimination Concluding observations on the combined twenty-fourth to twenty-sixth periodic reports of Pakistan* 1. The Committee considered the combined 24th to 26th periodic reports of Pakistan (CERD/C/PAK/24-26), submitted in one document, at its 3085th and 3086th meetings (see CERD/C/SR.3085 and 3086), held on 8 August and 9 August 2024. At its 3099th meeting, held on 18 August 2024, it adopted the present concluding observations: Attacks and reprisals against persons accused of blasphemy 15. The Committee is deeply concerned about the increasing reports of violent attacks and reprisals of persons accused of blasphemy, who often belong to ethnic and ethno-religious minority groups, including physical attacks, mob lynchings and killings, including incidents between May and June 2024 in Punjab and Khyber Pakhtunkhwa provinces, resulting in injuries, killings, and destruction of property. While noting the information provided on steps taken by the State party to investigate, prosecute and convict individuals involved in the attacks that took place in Sialkot in 2021 and Jaranwala in 2023, the Committee is concerned that less than seven percent of suspects were arrested. The Committee regrets the lack of information on investigations, prosecutions, convictions and sentencing of suspects involved in the killing of a man accused of blasphemy while under police custody in Madyan, Khyber Pakhtunkhwa, in June 2024. Additionally, the Committee is concerned about reports that individuals accused of blasphemy often face prolonged detention, solitary confinement, and prolonged trials; risking their safety and undermining their right to a fair trial and freedom from torture or inhumane treatment. The Committee is alarmed by the total annual numbers of cases concerning blasphemy from 11 in 2020 to 213 in 2023, in particular those brought under sections 295 and 298 of the Pakistani Penal Code and the Prevention of Electronic Crimes Act. While noting the 2019 Supreme Court decision to acquit in Asia Bibi v. The State and the 2016 Supreme Court decision in Mumtaz Qadri v. The State, the Committee is concerned that the State party has taken insufficient measures to enforce the relevant domestic laws to guarantee the right to fair trial or to prevent reprisals. The Committee reiterates its concern about the broad and vague definitions of the crimes under sections 295, 295-A, 295-B, 295-C, 298-A, 298-B, and 298-C of the Pakistan Penal Code (arts. 2, 4 and 6). 16. The Committee recommends that the State party: (a) Repeal or reform its blasphemy laws, in particular those that impose severe penalties such as life imprisonment or the death penalty, to ensure that the crimes under sections 295, 295-A, 295-B and 295-C are not broad and vague and are in accordance with international human rights standards; (b) Ensure the full implementation of domestic law protecting the rights of persons accused of blasphemy, such as the Supreme Court decisions in Asia Bibi and Mumtaz Qadri, including their right to a fair trial and to judicial proceedings free from bias or external pressure; (c) Take all necessary measures to prevent violent attacks and reprisals against persons accused of blasphemy, in particular those under police custody or in detention, such as the adoption of Standard Operating Procedures for police and law enforcement in cases concerning blasphemy; (d) Maintain the burden of proof with the prosecution and enforce domestic laws requiring high evidentiary standards in cases concerning blasphemy; (e) Investigate all violent attacks and reprisals, including mob lynchings and killings, against persons accused of blasphemy; ensuring that all perpetrators are prosecuted, convicted and appropriately sentenced. Freedom Of Religion Or Belief 23. While positively noting the Supreme Court decision in Order No. ii (SMC No. 1 of 2014) on the development of school curricula to promote a culture of religious and social tolerance and the formal recognition of religious festivals of ethno-religious minority groups, the Committee is concerned that the State party has taken insufficient measures, in law or in practice, to ensure the rights of persons belonging to ethno-religious minority groups, in particular non-Sunni ethno-religious minorities. The Committee regrets the lack of information on the development of an interfaith intolerance law. While acknowledging the steps taken by the State party to provide communities affected by religious intolerance with reparations, including the reconstruction of Churches and compensation of families, the Committee is concerned about the risks faced by persons belonging to religious minorities in freely exercising their right to freedom of religion or belief. In particular, the Committee is concerned about reports of physical attacks, desecration of religious or cultural symbols, and destruction of places of worship, including the thirty-six Ahmadiyya Baitul Zikr, twenty-six Christian churches, two Hindu temples, and one Sikh Gurdwara in 2023. Additionally, the Committee is deeply concerned about reports of harassment and intimidation of Muslim Ahmadiyya people in the period preceding and during Eid-ul-Adha, including judicial harassment by bar associations against public officials permitting Ahmadiyya ritual sacrifices and arbitrary arrests and detentions of Ahmadiyya people practicing Qurbani. The Committee is also concerned about the lack of accountability and impunity for harassment, intimidation, and attacks against ethno-religious communities, places of worship or property (art. 5). 24. The Committee recommends that the State party take all measures necessary as specified in article 5 of the Convention. It also recommends that the State party: (a) Review its domestic legal framework to ensure the rights of persons belonging to ethno-religious minorities, including their right to freedom of religion or belief without any discrimination, in law or in effect; (b) Renew or expedite steps towards the adoption of an interfaith intolerance law; (c) Engage in regular inclusive and participatory consultations with representatives of ethno-religious minority communities to identify their concerns and develop policies, such as security and safety policies, that address their specific needs; (d) Take steps to prevent physical attacks, desecration of religious or cultural symbols, and destruction of places of worship, including reprisals; (e) Provide adequate reparations to affected communities, including guarantees of non-repetition, satisfaction and rehabilitation, in addition to restitution and compensation, such as by way of reconstruction of places of worship and compensation for families affected. CERD/C/PAK/CO/24-26 8 Forced conversions and marriages 25. While noting the steps taken to establish a legal framework to prevent forced conversions and marriages, including the enactment of provincial child marriage laws, the Committee is concerned that the State party has taken insufficient measures to consider or address the root causes of the crimes. The Committee is deeply concerned about the frequent reports that women and girls, in particular Hindu Dalit and Christian women and girls, face threats, harassment and intimidation, abductions, sexual violence, forced marriages and forced conversions. Additionally, the Committee notes with concern reports that law enforcement authorities often dismiss the complaints of victims' families, fail to promptly and effectively investigate abductions or determine the age of victims, and that investigators, prosecutors and judges fail to critically examine evidence presented by abductors, including coerced statements and fraudulent documents, with some cases resulting in court orders that effectively sanction forced marriages. The Committee is also concerned about the low rate of birth registration in the State party, on which preliminary age assessments are based under its current policy (art. 5). 26. The Committee recommends that the State party: (a) Ensure effective implementation of its legal framework to prevent forced conversions and marriages, while considering the adoption of additional institutional and legislative measures, such as the adoption of laws criminalizing abductions, or attempted abductions, for the purpose of forced marriage or conversions; (b) Conduct trainings among law enforcement authorities, prosecutors, lawyers and judges on due process and evidentiary standards, including those relating to signed confessions; (c) Ensure that victims and their families have access to justice and effective remedies as well as support services such as shelters, legal aid, psychological counselling, and rehabilitation programs; (d) Increase efforts to improve the birth registration system, including by addressing barriers to registration, such as a lack of resources or distrust among communities in public authorities. ------- Submission by the International Dalit Solidarity Network (IDSN) to the Committee on the Elimination of Racial Discrimination (CERD) 113th session (05-23 August 2024) Pakistan v. Forced Marriages and Conversions in Pakistan, forced marriages and forced conversions of women and girls affect Hindu and Christian minorities disproportionately. There are frequent reports that persons belonging to these minorities are kidnapped and subjugated to physical and emotional abuse, including threats of violence. Many of the victims are forced to convert under the guise of a marriage of choice.10 Those most affected are Scheduled Caste Hindu girls, especially Dalits, who are kidnapped or lured into conversion, sexually exploited and then abandoned.11 Often, these minorities face obstacles in pursuing remedies for the violations sustained. There is no official data regarding the number of forced conversions to Islam of girls and young women from religious minority communities. NGO estimates of this phenomenon vary from 300 to 1,000 cases per year. The variation in numbers is, in part, due to the different definitions of forced conversion use. 12 The 2011 Prevention of Anti-Women Practices Act abolishes the practice of forced marriages and the exchange of girls in settling disputes, as well as the marriage of minor girls. However, despite this legislation, police often refuse to intervene in such cases. The courts can also be complicit in this, by nullifying women’s previous non-Islamic marriages and recognizing their forced marriages instead. Furthermore, the Sindh Child Marriage Restraint Act from 2013 prohibits marriage before the age of 18, but courts are failing to implement the law in cases concerning Hindu Dalit minors in the Sindh province. 10 IDSN and PDSN: – “Schedules Caste Women in Pakistan - Denied a life in dignity and respect.”, Alternative report to the CEDAW for the examination of the 4 the periodic report of Pakistan 2013, para. 74. 11 Scheduled Caste Children in Pakistan - Committee on the Rights of the Child (CRC) 72 nd PSWG 5 - 9 October 2015 – Pakistan Joint alternative NGO report by the Pakistan Dalit Solidarity Network (PDSN) and the International Dalit Solidarity Network (IDSN), p. 9. See also: IDSN “Dalit women in Pakistan”, indicating that Dalit women that are victims to sexual abuse, abduction and forced religious conversion suffer triple discrimination due to their gender, religion and caste. 12 International Commission of Jurists - Violations of the Right to Freedom of Religion or Belief in Pakistan - A Briefing Paper, July 2021, p. 36. 8 It must be noted that police enjoy very little public trust, which is another barrier to Dalits/Scheduled Caste individuals accessing justice. Police are known to accept bribes from both parties and in some cases, even when directed to act by the Court, the police charge the survivor money. It is understood that the police will help their friends and family and those with political influence but turn away applicants from SC/Dalit communities. These applicants are then forced to file a First Information Report (FIR) with the courts to seek justice, a long and expensive process. Recommendations to the State • Adopt legislation prohibiting discrimination on the basis of caste and take effective and immediate measures to ensure its implementation to protect those discriminated against on the basis of caste, and put in place an effective means of implementation including through disaggregated data. • Ensure the effective implementation of the Bonded Labour System Abolition Act and activate District Vigilance Committees to monitor and rehabilitate bonded labourers. • Strengthen labour inspections and enforcement mechanisms to address and prevent bonded and forced labour practices, particularly in industries like brick kilns and agriculture. • Implement measures to improve access to quality education for Dalit children, particularly girls, to break the cycle of poverty and illiteracy. • Improve healthcare infrastructure in rural areas and Scheduled Caste localities, ensuring access to basic services such as sanitation and clean water. • Strengthen the enforcement of laws prohibiting forced marriages and conversions, including the Prevention of Anti-Women Practices Act and the Sindh Child Marriage Restraint Act. • Provide anti-discrimination training to police services, and make the non-registration of cases a punishable offence. In addition, organize seminars around relevant law that can protect minority and marginalized communities throughout Pakistan, especially in smaller cities and rural areas. • Provide support services, including legal aid and rehabilitation programs, for victims of forced marriages and conversions. • Collect and publish disaggregated data on the socio-economic status of Dalits, including their access to employment, education, healthcare, and other basic services. • Establish independent monitoring bodies to oversee the implementation of anti-discrimination policies and laws, ensuring accountability and transparency. • Collaborate with civil society organizations to gather and report on the ground realities of caste-based discrimination and human rights violations against Dalits. • Reinstate the 6% job quota for Scheduled Caste communities in the government sector, civil service, judiciary, agriculture department and other institutes to guarantee work for the community. Contributing organisations The PAKISTAN DALIT SOLIDARITY NETWORK (PDSN) is a coalition of dozens of rights-based civil society organizations in Pakistan. It was formally launched in April 2009 after a research study conducted in 2007, which identified serious violations of basic rights of Scheduled Castes (Dalits) in Pakistan. The main objectives of the network are to highlight the issue of Scheduled Castes through national and international advocacy. The Center for Law & Justice (CLJ) is a non-profit, nonpartisan, non-government organization striving to protect the rights and interests of disadvantaged religious communities, women and labour rights by engaging in advocacy, strategic litigation and research and policy analysis since 2011. Research and advocacy on sanitation workers and religious minorities suffering from intersectionality of caste and religion have been the prime focus of the Centre since its founding. The Progressive Human Foundation (PHF) is a nongovernmental organization registered under the Societies Registration Act XXI of 1860. It has worked on multiple self-funded projects of Legal Assistance to religious minorities, youth empowerment, women economic empowerment, bonded labour and the education of children from marginalized rural communities in the Sindh province. The Rural Advancement Development and Human Rights Association (RADHA) is women-led, and women-focused entity committed to indigenous organization. RADHA is working for the protection of rights of indigenous minorities and scheduled castes in Sindh. Key areas of work are human rights, education, health, safe drinking water and women's empowerment. The Dalit Sujaag Tehreek is a movement and organisation representing the scheduled caste Hindu communities in Pakistan. The movement was launched in 2016 during the 125th anniversary of the birth of Baba Saheb Ambedkar at Mirpurkhas. It was formed by the combination of different Scheduled Caste organisations in Pakistan 10 The HARI-Welfare Association is a non-governmental organization. Through research, advocacy and lobbying, HWA aims to promote economic, social, cultural, civil and political rights of peasants, workers and other marginalized communities, including Dalits engaged in agriculture in rural areas of Sindh and Pakistan. The International Dalit Solidarity Network (IDSN) was founded in March 2000 to advocate for Dalit human rights and to raise awareness of Dalit issues nationally and internationally. IDSN is a network of international human rights groups, development agencies, national Dalit solidarity networks from Europe and national platforms in caste-affected countries. 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