Around the world today Christians are being persecuted for their faith. More than 70 million Christians have been martyred for their faith since 33 AD. This year an estimated 160,000 believers will die at the hands of their oppressors and over 200 million will be persecuted, arrested, tortured, beaten or jailed. In many nations it is illegal to own a Bible, share your faith, change your faith or allow children under 18 to attend a religious service.

Nations where Christians are frequently persecuted include…

Afghanistan	Cyprus	Maldives	Sri Lanka
Algeria	Egypt	Mauritania	Sudan
Azerbaijan	Equatorial Guinea	Morocco	Syria
Bangladesh	Ethiopia	Myanmar (Burma)	Tajikistan
Bhutan	India	Nepal	Tibet (China)
Brunei	Indonesia	Nigeria	Tunisia
Chechnya	Iran	North Korea	Turkey
Chiapas	Iraq	Oman	Turkmenistan
China	Kuwait	Pakistan	United Arab Emirates
Colombia	Laos	Qatar	Uzbekistan
Comoro Islands	Libya	Saudi Arabia	Vietnam
Cuba	Malaysia	Somalia	Yemen

The law

Commonly known as the blasphemy law, section 295C of the Pakistan Penal Code 1860 stipulates that any person who ‘by words, either spoken or written, or by visible representations, or by any imputation, innuendo, or insinuation, directly or indirectly’ defiles the name of the Islamic Prophet, Mohammad, is liable for blasphemy. In additional to a fine, he shall be punished with the death sentence or imprisonment for life. 

In 1990, the Federal Shari’at Court ruled that the penalty for blasphemy should be mandatory death sentence, with no right to reprieve or pardon. The decision of the Federal Shari’at Court is binding but the Pakistani Government has so far failed to pass the necessary bill to amend the law.  Hence the current situation is that the clause ‘or life imprisonment’ is void, even though the Pakistani Government has often used this anomaly to defend itself against critics of the death penalty.

At the Convention of Human Rights and Human Dignity in Islamabad on 21^st April 2000, General Musharraf proposed a procedural reform to the controversial blasphemy law.  He suggested that the merits of individual cases should be scrutinised by a Deputy Commissioner prior to an arrest.  The procedures for filing a first information report (FIR) should also be changed to make the process more official and less open to abuse. 

A month later, however, to appease Islamic militant groups who threatened a three-day nationwide strike, the General backtracked on his commitment. He declared at a press conference, “As it was the unanimous demand of the ulema [Islamic clerics] and the people, therefore, I have decided to do away with the procedural change in registration of FIR under the blasphemy law.”

The Flaws

The wording of the blasphemy law is vague and open-ended.  The law does not require proof of the actual state of mind of the accused and disregards the element of intention.   Since its enactment in 1986, this piece of legislation has frequently been misused to intimidate or punish religious minorities and to settle personal scores. Hundreds of innocent people have been imprisoned, forced to flee the country or killed by Islamic extremists under the pretext of punishing blasphemers. Over the years, many moderate Muslims have also fallen victim to the law.

Blasphemy charges are often founded on frivolous or malicious accusations and are arbitrarily brought. It is not uncommon for instigators to be motivated by religious bigotry, personal prejudice, selfish gain or professional rivalry. In many cases complaints are filed at the insistence of local mullahs (Muslim clerics) or members of the Islamic parties.

Prosecutions often rely on the unsubstantiated oral testimony of the complainants where statements made by the accused are twisted out of context. Allegations can be found untenable under even superficial scrutiny.

Anyone can be arrested for blasphemy without a warrant and imprisoned without bail. Ill-treatment in custody and torture are commonplace. Judicial proceedings typically take years, resulting in innocent victims languishing in jails pending trial or appeal. The delay is compounded by the fact that judges are reluctant to try these prisoners.

The mandatory capital punishment accompanying the charge has long been denounced as excessive and disproportionate to the crime. It is a matter of controversy even within the Islamic circles.

The very existence of the blasphemy law encourages hostility towards minorities and has been interpreted by some Muslim fanatics as a licence to take the law into their own hands. In many mosques, Muslims are taught that those who blaspheme deserve to be killed immediately and that protecting a blasphemer is as bad as blaspheming itself.  A Muslim is therefore duty bound by his faith to kill the blasphemer, except when such duty is shifted to the Islamic State.

In 2000, Lahore High Court Judge Mr Justice Nazir Akhtar publicly stated that anyone accused of blasphemy should be killed on the spot by Muslims as a religious obligation (swab).  He further remarked that there was no need for any legal proceedings for a blasphemer.  Although the statement was subsequently retracted, it indicated the extent of judicial bias on the subject.

Customarily, the accusing party packs the courtroom with zealous mullahs in a show of righteous concern. Many of these extremists are supported and protected by Islamic militant groups. On one occasion, fundamentalists built a gallows outside the courtroom to signify that even if the court found the accused not guilty, the crowds would carry out the required punishment themselves. The interference on the judicial process seriously deprives the accused of any chance of having a fair trial. 

In December 2001, the UN Working Group on Arbitrary Detention concluded that the detention of Ayub Masih, a Christian convicted of blasphemy, was arbitrary on the basis that the threats and atmosphere surrounding his trial and appeal denied him any chance of having a fair trial.

Extremists often issue death threats against judges and lawyers. The murder of Justice (R) Arif Ibaql Bhatti in October 1997 after he acquitted Rehmat and Salmat Masih in a previous blasphemy case demonstrates the seriousness of these threats and the obstacles they pose to justice.  Many a times, judges succumb to intimidation and convict the alleged ‘blasphemers’ despite insufficient evidence. Others give impunity to private acts of vengeance by failing to prosecute those who intimidate or incite violence against the minorities.

Although officially no one has yet been executed under the blasphemy law, at least four Christians have died at the hands of extremists. Bantu Masih died at the hands of armed fanatics in 1991. A post mortem revealed that Tahir Iqbal had been poisoned while in prison.  Nehmat Ahmer, a Christian from Faisalabad, was murdered in 1992. Manzoor Masih, Rehmat and Salamat Masih were shot at outside Lahore High Court in 1995. While Rehmat and Salamat survived the ordeal, Manzoor Masih was killed on the spot.

Once accused, and even if he is subsequently exonerated, the alleged ‘blasphemer’ is in great danger of being pursued and killed by zealots.  His family is also at risk.

According to Ms. Asma Jahangir, former Chairperson of the Human Rights Commission of Pakistan and current UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, “The anti-blasphemy law has tended to be abused. Because of the public sentiment the allegation arouses, the law has also been liable to a miscarriage of justice. Clearly, the incidence of blasphemy was no greater than before the law came in than it is after it.  Thereare certainly more allegations of it now.  The experience points to the need for serious rethinking of the law”.[1]

Conclusion

In his report to the 52th Session Commission on Human Rights[2], Mr Abdulfateh Amor, the then Special Rapporteur of UN Commission on Human Rights on the Elimination of All forms of Religious Intolerance, concluded, inter alia, that ‘the blasphemy law should not be discriminatory and should not give rise to abuse. Nor should it be so vague as to jeopardize human rights, especially those of minorities. If offences against belief are made punishable under ordinary law, then procedural guarantees must be introduced and a balanced attitude must be maintained.’ He is of the opinion that the death penalty for blasphemy appears disproportionate and even unacceptable. He further recommended that the Government of Pakistan make the necessary changes to amend the law on blasphemy and take steps toward becoming a party to the International Covenant on Civil and Political Rights. Sadly, in the last seven years, Pakistan has made little effort in implementing these recommendations.

Recently, President Musharraf has repeatedly pledged to eradicate religious terrorism, militancy and extremism from the country and to pursue moderate and progressive Islam.  The international community should now use this window to encourage the President to take concrete steps to disarm all Islamic militant groups, introduce key legislative and administrative reforms to improve the status of religious minorities and ensure equality for all.  It should also strongly urge him to implement the recommendations of the UN Special Rapporteur in full as a demonstration of his commitment to the respect, protection and promotion of human rights and democratic principles as laid down in the Universal Declaration of Human Rights. - courtesy of CSW-UK

   "Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me."- Mathew 5:11

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.