Expressing alarm over an increase in false blasphemy accusations in Pakistan, the UN Human Rights Committee last week urged repeal or amending of the country’s harsh blasphemy laws.
The committee noted that false blasphemy accusations led to Islamist mob violence and recommended amending the laws in accordance with requirements of the International Covenant on Civil and Political Rights (ICCPR).
In Nov. 7 concluding observations of the committee’s second periodic report on Pakistan, it stated concern over sections 295 and 298 of the Pakistan Penal Code, which carry severe penalties, including the death penalty, and have a disproportionate impact on religious minorities.
“It is also concerned about the increasing number of persons incarcerated under blasphemy charges, the high number of blasphemy cases based on false accusations, violence against those accused of blasphemy, fostering vigilante justice, and allegations of entrapment of persons, in particular young persons, on accusations of on-line blasphemy under cybercrime laws,” the committee stated.
It emphasized ending use of cybercrime laws, such as the Prevention of Electronic Crimes Act (PECA) 2016, to prosecute and detain those accused of breaching blasphemy laws online. The committee also urged the government to investigate allegations of massive abuse of blasphemy laws in connection with cybercrime laws and publish the results of the inquiries.
“[The committee] is also concerned about the chilling effect that criminal defamation laws, blasphemy, sedition and counter-terrorism laws, and other recently passed legislation have on the exercise of freedom of expression by journalists, activists, human rights defenders and members of ethnic and religious minorities,” it stated.
Urging Pakistan to take all necessary measures to guarantee prompt and fair trials for all persons charged with blasphemy or other offenses against religion, the committee highlighted jail conditions, stating that it was “also concerned about reports of abuse of women prisoners, including sexual violence, and that individuals accused of blasphemy are often placed in solitary confinement for extended periods of time. It remains concerned about the widespread recourse to prolonged pretrial detention.”
Mob Violence
The committee cited reports of increased violence and intimidation against religious minorities, along with the destruction of their worship places in Pakistan.
It also pointed out lack of protection of the religious minorities and lack of accountability for the crimes committed against them. The UN rights body recommended that Pakistan prevent all forms of discrimination and violence against religious minorities.
“The Human Rights Committee is deeply concerned about reports of the increase of discrimination, hate speech and crimes, mob violence, harassment, and intimidation against religious minorities, in particular Christians, Ahmadis, Hindus, Shias and Sikhs, as well as the destruction of their places of worship and cemeteries, as was the case in Jaranwala in August 2023,” it stated. “In particular, [Pakistan] should take all the measures necessary to prevent violent attacks against persons accused of blasphemy, in particular those under police custody or in detention, and investigate these attacks, including mob lynchings and killings, ensuring that all perpetrators are prosecuted, convicted and appropriately sanctioned.”
It added that authorities should ensure that all who incite or engage in violence based on allegations of blasphemy, as well as those who falsely accuse others of blasphemy, be brought to justice and duly punished.
Forced Conversion/Marriage
Calling for immediate measures to protect women and girls, particularly religious minorities, from forced conversion to Islam and from forced marriage, the committee said the government “must raise the minimum age of marriage for both boys and girls to 18 years throughout the country without exceptions.”
“[The committee] is concerned about reports of the persistent practice of abducting girls who belong to religious minorities and forcing them to marry – regardless of their age and the prevailing law – and convert to Islam under the threat of violence, which results in rape, trafficking and other forms of sexual and gender-based violence against these girls,” it stated.
It expressed concern about reports of the widespread impunity surrounding these cases.
“Victims are usually not returned to their families during investigations but forced to stay with their abductors, including members of organized criminal groups, or placed in unnecessary and inappropriate alternative care facilities, with no or limited regard for child protection standards, exposing victims to further risk of exploitation, abuse and harmful practices,” the committee stated.
It urged Pakistan to intensify efforts to eradicate forced conversions and forced marriages, including strengthening its legal framework and enforcement mechanisms.
“The state party should also ensure that all allegations of forced conversions and forced marriages of girls are promptly, impartially and effectively investigated, that those responsible are brought to justice, and that all victims have access to effective remedies and support services such as adequate shelters, legal aid, psychological counselling and rehabilitation programs,” it stated.
While noting the adoption of the Protection of Journalists and Media Professionals Act 2021, the committee expressed concerns about frequent reports of forced disappearances, torture, killing, threats, and harassment of journalists and human rights defenders.
Pakistan should investigate such incidents, prosecute the perpetrators and compensate victims, it stated.
Expressing concern about alarmingly frequent internet shutdowns among other means of blocking social media platforms and online content, it called upon Pakistan to stop restricting freedom of expression and ensure that criminal laws and counter-terrorism legislation are not used to silence journalists and human rights defenders.
The committee noted that Pakistani legislation punishes with the death penalty more than 30 crimes, including non-violent offenses that do not meet the threshold of the “most serious crimes” within the meaning of the ICCPR, including blasphemy.
The committee considered reports from six nations – Ecuador, France, Greece, Iceland, Pakistan and Türkiye – during its 142nd session on Oct. 17-18 in Geneva. The concluding observations contain concerns and recommendations to implement the ICCPR and other related conventions.
Pakistan ranked seventh on Open Doors’ 2024 World Watch List of the most difficult places to be a Christian, as it was the previous year.
