Redeem all your pledges, says HRCP

Press Release, August 8

 

Lahore: Commenting on their Thursday’s decisions, the Human Rights Commission of Pakistan (HRCP) has called upon the members of the ruling coalition to redeem all their pledges to establish democracy and supremacy of parliament, restore judges and the independence of the judiciary, and secure the people’s release from grinding poverty and unemployment, with the seriousness that their obligation demands. In a statement issued here today HRCP Chairperson Asma Jahangir said:

 

On Thursday the leaders of the coalition parties stopped their gyrations and chose to move in a direction the people can recognize and understand. It was time they did so and arrested the process of the citizens’ frustration at lack of the new government’s interest in honouring the electorate’s unmistakable verdict of February 18. They will be forgiven their dithering over several precious months if they redeem their pledges with the seriousness and the sense of urgency their responsibilities demand. These pledges are: a complete break from authoritarianism, transition to democratic governance and establishment of the supremacy of parliament; restoration of judges and independence of the judiciary; and a concerted campaign to alleviate the socio-economic plight of the people, especially to secure their release from grinding poverty, unemployment and the various forms of denial of their basic rights and freedoms. For the citizens elections and change of regime are not meant to provide only for the advancement of a few, nor are they matters for academic quibbling or rhetorical flourishes, these are merely mile posts on their journey towards freedom, security and prosperity. The coalition leaders’ earnestness in resolutely pursuing the course they have chosen alone will guarantee them the public support without which the state cannot achieve anything. Besides, no political arrangement can survive by adding fresh pledges to older, unfulfilled commitments. The conseques of allowing the latest resolution to meet a fate similar to that of the Charter of Democracy or the Murree Declaration will be too dreadful to be imagined.

 

Asma Jahangir

Chairperson

SAARC states urged to attend to people’s rights and needs

Press Release, July 31

 

Lahore: While welcoming the SAARC Summit in Colombo (August 2-3, 2008), the South Asians for Human Rights (SAHR), a regional body of human rights activists, has commended the SAARC governments’ decision to address people’s daily concerns – food, water, energy and environment, and urged the member states to ensure social justice by ensuring the promotion of people’s fundamental rights.

 

In a statement issued by the SAHR chairperson and co-chairperson, Mr. I.K. Gujral (India) and Dr. Hameeda Hossain (Bangladesh), the organization drew SAARC members’ attention to several grave situations in the region. It said:

Police book whole town on religious grounds

The Police Station Chenab Nagar - a place also known as Rabwah - in district Jhang of the Punjab province, in a outlandish move, lodged a First Information Report (FIR) against thousands of members of Ahmadiyya community residing in the town under Section 285, 298C, and 337H2 of Pakistan Penal Code. The police booked the whole town on religious grounds.    

 

The action has been taken to stop continuously mounting pressure of certain local and provincial Islamic clerics which police has termed a “reaction” of the Muslims on the 100-year celebrations of caliph-ship by the Ahmadiyya community, a religious school of thought declared a minority in Pakistan in September 1974.

 

The FIR was lodged on June 8, 2008, a couple of weeks after the official celebrations of the community were held across the country, especially in Rabwah, the central headquarters of the community in Pakistan, on May 27 and 28, 2008.

 

The FIR lodged on the basis of a “secret report” of local police, does not show the exact figure of the persons alleged of the crime except saying “every person of every locality of the community was seen involved in these celebrations with fire works, lighting their places, and greeting each other (which is amounted to preaching of their faith, a crime according to a controversial law of the country).”

 

The FIR stated, “The community members were also seen in a joyous mode and wearing colourful caps and displaying badges with religious slogans.” Hence the FIR was lodged under PPC Section 285 (with up to six months imprisonment and Rs 3,000 fine); Section 298C (Anti-Ahmadiyya law with up to three years imprisonment and also liable to fine); and 337H2 (with up to three months imprisonment and fine).

 

Mr. Saleem U Din (spokesperson of the Ahmadiyya Community) said this was not the first time that such case had been lodged. According to the available record, in 1989, when the community celebrated the 100th year of the foundation of the school of thought, a similar police case was lodged against the whole town and community. This may be a pressure tactic to control the situation on both sides - Islamic clerics and the minority community members. The police cases lodged against both communities had mainly been based on religious, social or political grounds. There are clear signs of victimization but the police registered the cases due to immense pressures.

 

Report

Nadeem Anthony

AGHS/HRCP

HRCP plea for justice for unlawfully expelled students

Press Release, July 2

 

Lahore: The Human Rights Commission of Pakistan (HRCP) has expressed its serious concern at the authorities’ failure to redress the grievance of the unlawfully expelled Ahmedi students of a Faisalabad college and urged firm action against the trouble-makers. In a statement issued today, Advocate Iqbal Haider, the HRCP Co-chairperson, said:

 

The rustication of 23 Ahmedi students of the Punjab Medical College, Faisalabad, early last month on the ground of their belief was apparently a case of extraordinary discrimination. HRCP therefore requested a senior member of its governing body to probe the matter. This inquiry shows that while rusticating the unfortunate students the college administration did not follow the rules prescribed for this extreme action; that the committee of teachers set up to examine the victims after the event included teachers who were in the body that had taken the decision to rusticate them; and that the few students who appeared before the investigating committee were unduly harassed and intimidated. There were also indications that some members of the faculty colluded with the Ahmedi-baiting trouble-makers.

 

HRCP is therefore seriously apprehensive of justice being denied to the unlawfully expelled students. It calls upon the provincial and federal governments both to intervene immediately to protect the wronged students and deal firmly with hate-preachers and disrupters of peace because much more than the career of Ahmedi students is at stake.

 

 

Iqbal Haider, Co-chairperson

Rights Denied - Ahmadiyya Community

100-year celebrations of the Caliph-ship of Ahmadiyya Community

Denying rights in the name of Islam…

 

Will the dream to repeal discriminatory laws made in the name of religion come true?

 

There is a unique type of town in Pakistan where majority residents are deprived of their fundamental rights-of freedom of expression, assembly and religion-guaranteed in the 1973 Constitution of the country, for the last several decades.

 

The latest example of this suppression of Ahmadiyya community of the country, witnessed by the HRCP, was on May 27 and May 28, during the 100-year celebrations of the Caliph-ship of Ahmadiyya school of thought. The fact finding mission of Human Rights Commission of Pakistan was led by HRCP legal officer Mahboob Ahmed Khan and HRCP Council member Nadeem Anthony. The community was not only barred to celebrate the day openly but also pushed by the local police, which apparently was under heavy pressure of local Islamic clerics, to make an agreement to avoid any risk.

HRC membership: HRCP expects Pakistan will improve human rights record

Press release, May 29, 2008

Lahore: The Human Rights Commission of Pakistan (HRCP) is happy to see Pakistan win membership for a second term to the UN Human Rights Council (UNHRC). It has keenly followed the Universal Periodic Review of Pakistan carried out by UNHRC. HRCP hopes that the government will honor the commitments it made and follow up the recommendations submitted by UNHRC. It urges Pakistan to play a constructive role in the world body and improve its human rights record. Human rights bodies expect members of UNHRC to act in a responsible manner and to deepen human rights values at the national and international level.

 

HRCP welcomes some undertakings made by the government of Pakistan. The setting up of an independent national human rights body according to the Paris principles is a step in the right direction. Its effectiveness will depend on the selection of Commissioners and the mandate that the Commission is entrusted with. Members of such commissions must have a sound knowledge of human rights principles and must be individuals of integrity. This membership of the Commission must maintain a gender balance and include minorities. The Commission must have a countrywide jurisdiction and should be able to conduct investigations against allegations of human rights violations carried out by all categories of security forces.

It is encouraging that the government has undertaken to accede to the International Convention for the Protection of All persons from Enforced Disappearances. This is a positive development. It will lend credibility to the new government as it has promised to investigate cases of disappearances. Equally encouraging was the statement made by the government at the UNHRC that it was working on a proposal to commute the death penalty to life imprisonment.

However, the government’s position on the overall issue of death penalty remains ambivalent. It refuses to recognize that the issue of imposition of death penalty was linked to human rights. It made a tall claim that death penalty was imposed after exhaustion of all remedies through due process. HRCP vehemently disagrees.

Safeguards and restrictions to the imposition of death penalty is a universal and recognized human rights principle. It is a fundamental right to life. Capital punishment in Pakistan has not been imposed with caution. Pakistan has one of the highest numbers of prisoners in death cell. At present over 7,500 persons, including a few women are awarded capital punishments. There is sufficient evidence and research to show that due process, safeguards and restrictions imposed under customary international law have not been applied to those convicted to capital punishment.

Pakistan’s representative to the UNHRC made several misleading statements. She assured the members of the UNHRC that while preparing for the Universal Periodic Review the government held wide consultations with human rights bodies in the country. She also assured the Human Rights Council that human rights defenders were not being obstructed or allowed to operate freely. HRCP takes a serious exception to it. The government did not even attempt to hold any dialogue with Pakistan’s human rights organizations during this process. Several human rights defenders were beaten, imprisoned, and tortured in the last few years. Even today, NGOs are not being able to operate freely and are threatened in certain parts of the country. The government has not taken any action against the perpetrators. HRCP expects democratic governments to portray a true picture of the human rights situation in the country and to resist the temptation of undermining recognized human rights norms.

Embarrassing and unconvincing statements were also made in the context of religious minorities. Pakistan’s representative to the UNHRC tried her utmost to convince the Council that incidents of abuse against religious minorities were insignificant. The representatives claimed that the penal code only contained provisions for the proscription of actions and statements that would offend all religions and these laws applied to all without distinction based on faith. In 2007, HRCP has documented several cases of abuse and human rights violations against religious minorities. Reports of demolition and occupation of minority religious sites have also been made public. Pakistan Penal Code specifically prescribes punishments against the Ahmediaya community and discriminates against religious minorities.

Another faux pas made by Pakistan’s representative was to deny the existence of caste system. There are several hundred so-called low-caste Hindus living and being exploited in Sindh.

Pakistani representative, though, admitted and regretted that incitement to hatred against other religions was being promoted in some mosques. She defended inaction and lack of legislation on the plea that “religious sentiments run high in Pakistan”. HRCP regrets that this approach only emboldens those who preach violence and advocate hatred in the name of religion. A large number of such preachers are government employees and inaction of the government only indicates its approval of such hate speech.

HRCP rejects the government’s position at the UNHRC regarding the Hadood Ordinances. It is the obligation of a government to protect women from being abused and exploited. The law of Zina does precisely that. The government is misleading itself by denying that the vulnerability of women being accused of Zina is not a violation of their right. Similarly, marital rape is a crime and not a right or privilege of the offender.

The government of Pakistan also misled the UNHRC by assuring it that security forces were trained in Humanitarian Law and that alleged human rights violations by them were investigated as well as precautions taken to avoid “collateral damage”. HRCP has authentic reports of disappearances, torture, and illegal detention carried out by the security forces with impunity. A large number of non-combatant have been targeted and killed by the security forces and so far, no inquiry or investigation has been carried out. There are hundreds of thousands of Internally Displaced Persons who have been virtually abandoned by the government after they left their homes following indiscriminate use of force by the security forces.

HRCP urges the newly elected democratic government to paint a true picture and to acknowledge the large-scale human rights violations committed by the Musharraf regime. By glossing over the dark past, the government will only add salt to the wounds of the victims.

 

I. A. Rehman, Secretary General

 

Govt-Taliban deal worries HRCP

Press release, May 14

Lahore: The Human Rights Commission of Pakistan has expressed reservations about the reported terms of agreement between the NWFP government and the Tehrik-e-Taliban Swat. The NWFP government negotiating by giving concessions to militant elements engaged in terrorizing civilians not only glorifies them and their illegal acts but also encourages them. The government’s reconciliatory approach towards those using violence is seen as an incentive to other militants to raise arms against the State and manage a bargaining position. It would be unfortunate if talks between the provincial government and the Taliban lead to a clean slate for armed elements responsible for bombings girls’ schools, NGO outfits and businesses.

HRCP encourages dialogue but not at the cost of granting impunity to perpetrators of human rights abuses. Militants anywhere cannot be treated any differently from other citizens and given a higher status, in imposing their own brand of Islam, laws and morality.

By imposing the Fazalullah brand of Islam in Malakand division the government is playing with fire. It abdicates it responsibility to protect its citizens, particularly women and religious minorities from being persecuted in the name of religion. Conceding in Malakand will not be the end of the story. The adjoining areas are bound to be affected and religious bigotry will travel throughout the country.

HRCP warns that such delicate issues should not be decided from a position of weakness and for the sake of a compromise.

Secretary-General HRCP

HRCP welcomes the ratification and signatures of three core UN human rights instruments by Pakistan

Press Release, April 18, 2008

 

Karachi: In a statement issued to the press, Iqbal Haider, Co-Chairperson of the Human Rights Commission of Pakistan welcomes the ratification and signatures of three core UN human rights instruments by Pakistan

 

On Thursday, Pakistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESR), which is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and rights to health, education, and an adequate standard of living.  The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), and the latter’s first and second Optional Protocols.

 

HRCP notes with appreciation that the truly elected Government of Pakistan has accepted the long outstanding demand of the human rights activists by signing and rectifying the International Covenant on Civil and Political Rights (ICCPR) as well as Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).  CAT is an international human rights instrument, under the purview of the United Nations, that aims to prevent torture around the world.  The Convention advises states to take effective measures to prevent torture within their borders, and forbids states to return people to their home country if there is reason to believe they will be tortured.  The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987; 26 June is now recognised as the International Day in Support of Torture Victims, in honour of the Convention

 

Mr. Haider said that the ratification and signatures of these three crucial UN human rights instruments are indeed significant step forward by the present elected Government of Pakistan in fulfilling its pledges and commitment to promote human rights of the people of Pakistan in accordance with international human rights law. Joining the main international human rights instruments reflects the commitment of the democratic Government to promote and further strengthen the mechanism to protect the human rights of the people in Pakistan, including the rights of women, children, minorities and the unprivileged.

 

Mr Haider emphasized that implementation of these very important UN human rights conventions, is an equally important task of the present Government and he hoped it will follow and abide by these UN instruments, in their letter and spirit.

 

Iqbal Haider, Co-Chairperson

Too limited a mandate: Asma’s version

Following Ms. Asma Jahangir’s trip to India on a UN fact-finding mission, in the capacity of a ‘United Nations Special Rapporteur on Freedom of Religion or Belief’, several misrepresented facts, misquoted information and allegations cropped up -  we are publishing a letter Ms. Jahangir wrote to the Dawn newspaper in response to the criticism.

**********************

Dawn – March 14, 2008

Too limited a mandate: Asma’s version

I was disappointed to read your editorial, ‘Too limited a mandate’ (March 12 ), but I am tempted to respond as your paper has great respect and carries independent views. Your criticism refers to the narrow mandate, my meetings and a misquoted comment.The mandate that I have been entrusted by the United Nations is limited to the issue of freedom of religion or belief. These are UN mandates that have been in existence for many years and their terms of reference are given by the international community.UN Special Rapporteurs are required to remain within their mandates during official country visits; it is not appropriate for them to take any pleas, including from the media, to go beyond their terms of reference or to pursue other concerns that they may otherwise espouse.UN Special Rapporteurs are also required to engage with all sides, including government officials, victims, perpetrators, NGOs and other members of civil society that have any relevance to their mandate.It would be absurd for any UN Special Rapporteur to refuse meeting people on the grounds of criticism from fellow citizens or for that matter to expand their mandate because of their national or religious background.

We work in a truly professional way and must remain independent in our reporting. It is, therefore, crucial that while on mission we stay within our mandate and at the same time try to meet all players.

In this regard, as my report will reveal, I am meeting a wide spectrum of interlocutors and indeed a large number of NGOs in Gujarat which were fully aware of my official meetings, including with the chief minister there. It is ironical that the victims who met me in Gujarat were able to comprehend the nature of my visit while zealous Pakistanis seem to be unable to do the same.

Surely, the liberal and rightist in Pakistan cannot assume to themselves the role of guardians of all Muslims in the world and dictate to UN Special Rapporteurs who they should meet and how they should interpret their mandate. As a journalist, you will appreciate that a well-written report requires discussions with all sides in order to get the full picture. This is precisely what is also required of UN Special Rapporteurs.

Your claim that I had made comments on poll participation in Kashmir is misinformed. Throughout my visit I have made no comment on the general human rights situation in India except on my mandate. There was immense interest about the recent developments in Pakistan and in this regard there was great demand from the media for interviews and comments.

I turned down all requests for individual interviews on Pakistan and repeatedly excused myself from giving any comprehensive statements on these issues. Even on the insistence of the press I tried to be very succinct in my responses without having to snub them.

I did not make the comments on poll participation in Kashmir as reported by some sections of the press. On the contrary, when asked whether Kashmiris should take part in the next elections as Pakistanis recently did, I simply responded that it was everybody’s own decision and that it was a right of the people to decide whether to vote or not to vote. I repeated this position publicly on several occasions while I was still in Kashmir.

I hope that public opinion in Pakistan would allow an individual to perform his or her role in the international community in an impartial manner. Furthermore, the independence of the United Nations mandate holders is vital to the functioning of the whole system of Special Rapporteurs.

I have followed the recent press reports about my visit, including the ones appearing in Pakistan. I do not wish to offend anybody who has criticised me. At the same time I will in no way be pressured and I will continue to carry out my obligations in an independent and impartial manner.

ASMA JAHANGIR
United Nations Special Rapporteur on Freedom of Religion or Belief

UN Press Release - Special rapporteur on freedom of religion or belief concludes visit to india

 UNITED NATIONS

Press Release 20 March 2008

SPECIAL RAPPORTEUR ON FREEDOM OF RELIGION OR BELIEF CONCLUDES VISIT TO INDIA  

Asma Jahangir, the Special Rapporteur on freedom of religion or belief of the United Nations Human Rights Council, made the following statement on 20 March 2008 in Delhi at the end of her visit to India:

“I wish to thank the Government of India for inviting me here and for giving me this unique opportunity to study the situation with regard to freedom of religion or belief. India is a diverse country, where religions and beliefs are abundant and find respect in a secular framework. My mission started on 3 March 2008 in Amritsar and subsequently I visited Delhi, Jammu, Srinagar, Ahmedabad, Mumbai, Thiruvananthapuram, Bhubaneswar and Lucknow. Now I am again in Delhi and with this press conference I am concluding my mission to India.

During my country visit, I had the opportunity to meet with several Government officials, including the Ministers of External Affairs, Minority Affairs and Culture as well as with the Chief Ministers of Delhi, Jammu and Kashmir, Gujarat, Kerala and Orissa. In addition, I met with the Solicitor General, several Supreme Court Justices and High Court Judges as well as with members of various Human Rights and Minority Commissions. Further meetings with the civil society included leaders and members of the religious communities in India, academics, journalists, human rights activists, lawyers and professionals of the visual arts industry. I would like to acknowledge the high level of cooperation I received both from the Government and from the citizens of India.

Indeed, due to the religious diversity of India, this country visit has been an enriching experience for the mandate I hold since 2004. I will be submitting a detailed report with conclusions and recommendations to the United Nations Human Rights Council, therefore this press statement will only cover some preliminary impressions that I have formed during the past 2½ weeks. In this press statement it would be impossible to make a general assessment of the current state of freedom of religion or belief in the whole of India. In fact, this was not the first visit of the mandate, as my predecessor undertook a mission to India in 1996 (see UN Doc. E/CN.4/1997/91/Add.1). Consequently, my forthcoming report will also be a follow-up on developments during the past twelve years, in order to analyze what has changed and why.

Concerning the legal framework, I am well aware of the fact that the political system of India is of a federal nature and that the States have wide powers, including in the field of law and order. Thus the level of action of the Government to protect its citizens in terms of freedom of religion or belief varies according to the States concerned. I also acknowledge that there are democratic safeguards within the system and that the institutions have accumulated a vast experience in protecting human rights.