IRB – Immigration and Refugee Board of Canada (Author): “Current law and practice with regard to Ahmadis in Pakistan under Ordinance XX. [PAK9279]”, Document #1298705

Current law and practice with regard to Ahmadis in Pakistan under Ordinance XX. [PAK9279]

Legal Background
Pakistan became an Islamic state after the 1947 partition. However, the true process of Islamization began only during the 1970s, under Zulfikar Ali Bhutto, and more aggressively, under General Zia-ul Haq. Following widespread rioting between Muslims and Ahmadis in March and May 1974, opposition parties demanded that the Ahmadis be reclassified as non-Muslims. On 7 September 1974, Zulfikar Ali Bhutto's government adopted the Constitution (Second) Amendment Act 1974. This amendment added Ahmadis to the list of religious minorities for whom additional seats were to be reserved in the Provincial Assemblies (Art. 106(3)). It also amended Article 260 of the Constitution to add a paragraph defining Ahmadis as non-Muslims. However, this constitutional amendment did not bring any legal obstacle for non-Muslims to continue professing their faith (Ahmadiyya Muslim Association 1989, 6; International Commission of Jurists 1987, 103-105).
However, in 1978, as a consequence of the re-classification of Ahmadis as non-Muslims, two separate electorates, one for Muslims and one for religious minorities, were created for the National and Provincial Assemblies. Since Ahmadis would not accept the official designation of themselves as non-Muslims, seats allocated to them were not used; they were therefore precluded from participation in both national and provincial elections (International Commission of Jurists 1987, 103-105).
The adoption of Ordinance 44 in 1980 provided a penalty of up to three years' imprisonment for anyone who would use certain epithets, descriptions and titles when referring to holy personages. According to the International Commission of Jurists, this ordinance "was clearly intended to stop the Ahmadis continuing to use them." Nevertheless, it was not aimed specifically at the Ahmadis and did not give rise to riots (Ibid., 105).
Until 1984, when President Zia issued Ordinance XX, the law had not directly interfered with religious beliefs and practices of Ahmadis. However, this ordinance provided for prison terms of up to three years or unlimited fines for any Ahmadi posing or referring to himself as a Muslim (Ibid., 106). This ordinance did not only forbid the use of epithets, descriptions and titles in referring to any person other than those listed in the ordinance, it also forbid Ahmadis to refer to their place of worship as Masjid, and to refer to Azan or recite Azan as used by Muslims (Ibid.).
Current situation: law versus practice
Ordinance XX is still in effect in 1991. It was reinforced on 2 August 1991, when the Pakistani government decided to amend the Blasphemy Law (The Nation 2 Aug. 1991; The Associated Press 2 Aug. 1991; Reuters 1 Aug. 1991). Under Article 295(b) of the Pakistan Penal Code, "Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life." (Angam, Chapter XV, Article 295(b), 222). The amendment to this Article now provides for death sentence exclusively (The Nation 2 Aug. 1991; The Associated Press 2 Aug. 1991; Reuters 1 Aug. 1991). This information was corroborated by the Ahmadiyya Movement in Islam (Canada) and by a representative of the Human Rights Commission of Pakistan, in Pakistan (15 Aug. 1991).
According to Amnesty International and the U.S. Department of State Country Reports 1990, members of the Ahmadiyya community continued to be arrested for the peaceful expression of their faith, and at least 13 were sentenced to terms of imprisonment during 1990 (Amnesty International 1991, 176; Country Reports 1990 Feb. 1991, 1597-8). Both reported the arrest, in January 1990, of a group of Ahmadis who faced criminal charges and a possible prison sentence for holding a prayer in a private house in Abbotabad, in the North West Frontier Province. They were released on bail in April, but they were still awaiting their trial at the end of 1990 (Ibid.). Amnesty International indicates in its annual report for 1990, that two Ahmadis of Punjab were sentenced to six years' imprisonment and a fine for offences connected with preaching their faith (Amnesty International 1991 1991, 176). Country Reports 1990 adds that police continued closing down Ahmadis' places of worship throughout 1990 and attacks on individual congregations were reported (Country Reports 1990 Feb. 1991, 1598). In May 1990, Ahamadi students were attacked (beaten, robbed and their possessions were burned), and in November, a prominent Ahmadi was shot to death by an alleged anti-Ahmadi religious fundamentalist (Ibid.).
According to the Ahmadiyya Movement in Islam, the situation of Ahmadis in Pakistan has not changed. Ahmadis are still harassed and discriminated against and they have no legal recourse to defend themselves (15 Aug. 1991).
We have contacted the International Commission of Jurists on 23 August 1991 and representatives of the Human Rights Commission of Pakistan on 19 August 1991. Any information will be forwarded to you as soon as we receive it.
Bibliography

Ahamdiyya Muslim Association. 1989. Persecution of Ahmadi Muslims and their Responses. London: Press and Publication Desk.

_____. 15 August 1991. Telephone Interview with representative.

Amnesty International. 1991. Amnesty International Report 1991. London: Amnesty International Publications. Angam, Ahsan Sohail. 1984. Pakistani Penal Code. Lahore: Mansoor Book House.

The Associated Press. 2 August 1991. "Death by Hanging Mandatory for Defaming Prophet."

Human Rights Commission of Pakistan, Lahore. 15 August 1991. Telephone Interview with representative.

International Commission of Jurists. 1987. Pakistan: Human Rights After Martial Law. Geneva.

The Nation [Lahore]. 2 August 1991. "Death for Showing Disrespect to Prophet."

Reuters. 1 August 1991. "Pakistani Government Seeks Death for Blasphemers of Mohamad."

U.S. Department of State. February 1991. Country Reports on Human Rights Practices for 1990. Washington: U.S. Government Printing Office.

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