SOUTH ASIA - House Foreign Affairs Committee Democrats

2304Police accused the protesters of throwing stones and bricks; however, eyewitnessesalleged that the police opened fire without provocation.The authorities sometimes prevented leaders of politico-religious parties fromtraveling to certain areas if they believed their presence would increase sectariantensions or cause public violence (see Section 2.d.).The suspended Constitution provided for freedom of association subject to restrictionby government ordinance and law; however, the Government maintained somelimits on this right. While these ordinances and laws apparently have not been usedsince the martial law period, the Sharif Government revoked the licenses of almost2,000 NGO’s in Punjab. After the coup, the government of Punjab lifted the ban onthe registration of new NGO’s, but the old NGO’s remained without licenses atyear’s end. Overall, NGO’s reported improved relations with the Government duringthe year (see Section 4). There are no banned groups or parties.c. Freedom of Religion.—The suspended Constitution provided for freedom of religion,and stated that adequate provisions shall be made for minorities to professand practice their religions freely; however, the Government imposes a range of limitson freedom of religion. Pakistan is an Islamic republic in which approximately95 percent of the population is Muslim. The majority of the population is SunniMuslim, but an estimated 15 percent of the population is Shi’a. The suspended Constitutionrequired that laws be consistent with Islam and imposed some elementsof Koranic law on both Muslims and religious minorities. In July General Musharrafamended the PCO in order to incorporate the Islamic provisions of the suspendedConstitution, which include the definition of ‘‘Muslim’’ and ‘‘non-Muslim’’ and proceduresregarding Shariat courts. While there is no law establishing the Koranicdeath penalty for apostates (those who convert from Islam), social pressure againstapostasy is so powerful that most such conversions take place in secret. Reprisalsand threats of reprisals against suspected converts are common. Members of religiousminorities are subject to violence and harassment, and police at times refuseto prevent such actions or charge persons who commit them.In the Malakand division and the Kohistan district of the NWFP, ordinances requirethat ‘‘all cases, suits, inquiries, matters, and proceedings in the courts shallbe decided in accordance with Shari’a.’’ These ordinances define Shari’a as the injunctionsfound in both the Koran and the Sunna. Islamic law judges with the assistanceof the Ulema (Islamic scholars), under the general supervision of the PeshawarHigh Court, try all court cases in the Malakand Division and the Kohistan District.Elsewhere in the country, partial provisions of Shari’a apply. For example, policeare authorized to arrest or fine Muslims who eat or smoke in public places duringRamadan. In 1998 then-Prime Minister Nawaz Sharif, proposed an amendmentto the Constitution (the 15th Amendment) that would have imposed Shari’athroughout the country; minority religious groups feared that the implementationof this amendment would have restricted further the freedom to practice religionsother than Islam. However, the Musharraf Government did not enact the proposed15th Amendment and reportedly has no plans to do so.Discriminatory religious legislation has added to an atmosphere of religious intolerance,which has led to acts of violence directed against minority Muslim sects, aswell as against Christians, Hindus, and members of Muslim offshoot sects, such asAhmadis and Zikris (see Section 5).The Ahmadis are subject to specific restrictions under law. A 1974 constitutionalamendment declared Ahmadis to be a non-Muslim minority because, according tothe Government, they do not accept Mohammed as the last prophet of Islam. However,Ahmadis regard themselves as Muslims and observe Islamic practices. In 1984the Government inserted Section 298(c) into the Penal Code, prohibiting Ahmadisfrom calling themselves Muslim and banning them from using Islamic words,phrases, and greetings. The constitutionality of Section 298(c) was upheld in a splitdecisionSupreme Court case in 1996. The punishment for violation of this sectionis imprisonment for up to 3 years and a fine. The Government and anti-Ahmadi religiousgroups have used this provision extensively to harass Ahmadis. Ahmadis sufferfrom various restrictions of religious freedom and widespread societal discrimination,including violation of their places of worship, being barred from burial inMuslim graveyards, denial of freedom of faith, speech, and assembly, and restrictionson their press. Several Ahmadi mosques remained closed. Since 1984 Ahmadishave been prohibited from holding conferences or gatherings (see Section 2.b.).Ahmadis are prohibited from taking part in the Hajj (the annual Muslim pilgrimageto Mecca). Some popular newspapers publish anti-Ahmadi ‘‘conspiracy’’ stories,which contribute to anti-Ahmadi sentiments in society.Section 295(a), the blasphemy provision of the Penal Code, originally stipulateda maximum 2-year sentence for insulting the religion of any class of citizens. Thissentence was increased to 10 years in 1991. In 1982 Section 295(b) was added,VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00148 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1