1.Current information on the rights of the Ahmadis in Pakistan, with particular reference to the enforcement of Ordinance XX under the government of Benazir Bhutto;2.Are persons Ahmadi at birth; are persons born of Ahmadi parents who convert or are non-practising considered to be Ahmadis? [PAK2881]

1.

In 1974, the Ahmadis were declared non-Muslim in a constitutional amendment by the government of Pakistan under the leadership of Zulfikar Ali Bhutto. [ Judge Gustaf Petrén, et al. Pakistan: Human Rights After Martial Law, Geneva: International Commission of Jurists, 1987, p. 103; U.S. Department of State, Country Reports on Human Rights Practices for 1988, (Washington: U.S. Government Printing Office, February 1989), p. 1468.] In April 1984, President Zia issued Ordinance XX, which provides for prison terms of up to three years or unlimited fines for any member of the Ahmadi faith who in any way poses as a Muslim or refers to himself as a Muslim. Although the Ahmadiyya movement is a sect of Islam, it is a minority one which is not recognized as Islamic by many other Muslim groups in Pakistan because of some doctrinal differences. [ Karen Parker, Human Rights Advocates, Inc. Human Rights in Pakistan, San Francisco: Human Rights Advocates, Inc. 1987, p. 16.]

At least 12 Ahmadis were reportedly murdered for their religious beliefs between 1983 and 1985 and, according to External Affairs, Ahmadi property and Mosques were defaced or destroyed in April 1989. [ External Affairs communique of 10 August 1989 discusses the ransacking and burning of Ahmadi homes on 12 April; Karen Parker, pp. 28-30.] Further allegations claim that Ahmadis are discriminated against in employment, and many rights and freedoms (e.g. of association, assembly, and speech) are reduced or denied. Ordinance XX is still in effect in Pakistan under the government of Benazir Bhutto. [External Affairs Canada, 10 August 1989.]

Only limited information regarding the treatment of Ahmadis since the election of Benazir Bhutto is available to the IRBDC at this time. In an article, "Miffed Minorities", (India Today) dated 31 March 1989, one Ahmadi businessman asserts that Bhutto will be unable to change Ordinance XX. [ M. Rahman, "Miffed Minorities", India Today, 31 March 1989, p. 160. (attached)] Another article "The Morning After", (Far Eastern Economic Review), dated 15 December 1988, briefly discusses Prime Minister Bhutto's initial moves on the human rights front, and her determination to restore the 1973 constitution. [A. Rashid, "The Morning After", Far Eastern Economic Review, 15 December 1988, pp. 14-15. (attached)]

Prime Minister Bhutto's hold on her government is a tenuous one. Although she recently won a vote of confidence in the Pakistan National Assembly, the margin was not large, and to prevent the possible collapse of her government, she must tread softly around issues (such as Ordinance XX and the treatment of Ahmadis) which are controversial to either the military or the Islamic fundamentalists. Please refer to the attached articles:
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"And They Call it Confidence", The Economist, 4 November 1989;
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"The Difficult Part", The Economist, 21 October 1989;
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Faride Shaheed and K. Mumtaz, "Veil of Tears", Far Eastern Economic Review, 28 September 1989 (this article discusses the problems of women in Pakistani society, but also refers to the difficulties Benazir Bhutto faces in attempting to press for the change of discriminatory laws).

Benazir Bhutto needs a two-thirds majority to overturn a constitutional amendment, and her Pakistan People's Party does not have the majority necessary to carry through legislation. [Faride Shaheed and K. Mumtaz, "Veil of Tears", Far Eastern Economic Review, 28 September 1989, p. 129.] In addition, as Antonio Gualtieri, the author of Conscience and Coercion: Ahmadi Muslims and Orthodoxy in Pakistan (1989) observed, it is very difficult for Prime Minister Bhutto to reverse a policy instituted by her late father.

A communiqué from External Affairs discusses the criticism of the Pakistan government (by the non-governmental Human Rights Commission of Pakistan) in its failure to safeguard the rights of Ahmadi Muslims under the existing constraints of Ordinance XX. [ External Affairs Canada, 10 August 1989.] Many of the violent actions against the Ahmadi community in Pakistan (burning of property, etc.) have continued under the Bhutto regime. [ Antonio Gualtieri, various reports by the Ahmaddiya Movement.]
2.

According to Professor Antonio Gualtieri, if a child is born into an Ahmadi Muslim family, then he or she is brought up in the cultural and religious environment of an Ahmadi, and would assume the Ahmadi identity of the parents. However, if a parent were to convert to the Ahmadi sect of Islam later, when the children were in their teens or twenties, the children would probably make the decision on which faith to follow of their own free will, and would not necessarily emulate the conversion by their parent(s).

A representative of the Ahmaddiya Movement in Islam (Toronto, Ontario) confirmed that small children of Ahmadi parents (born into the faith or converts) would be considered Ahmadis until such time as the children were older and began to practice another faith of their own accord. On the issue of "non-practising Ahmadis", the representative observed that anyone can be a follower of the Ahmadi religion, however, they might not be a member of a local Ahmadi community or group. This information could not be corroborated by other sources.

Please refer to the attached material for more information regarding the treatment of Ahmadi Muslims in Pakistan.
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M. Rahman. "Miffed Minorities". India Today. 31 March 1989.
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Ordinance No. XX, 26 April 1984, Ministry of Law and Parliamentary Affairs, Government of Pakistan;
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Ahmed Rashid. "The morning after". The Far Eastern Economic Review, 15 December 1988;
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United Nations Economic and Social Council. Question of the Violation of Human Rights and Fundamental Freedoms in any Part of the World, with Particular Reference to Colonial and Other Dependent Countries and Territories, Commission on Human Rights, Forty-second Session, (24 February 1986, E/CN.4/1986/NGO/30);
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Judge Gustaf Petrén, et al. Pakistan: Human Rights After Martial Law, Geneva: International Commission of Jurists, 1987;
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External Affairs Canada communiqué, 10 August 1989.
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Ahmaddiya Muslim Association, Persecution of Ahmadi Muslims and Their Response, London: Ahmaddiya Muslim Association, 1989. **[Note: this publication is produced by the Ahmadi community];
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Communication from the Ahmaddiyya Movement in Islam, Canada, dated 17 November 1989;
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Human Rights Commission of Pakistan, Riot and Arson, Nankana Sahib, 12 April 1989.