The situation of Religious minorities in Pakistan: The impact of a religious economy on human rights. Presentation; Peter Jacob, School of Law, University of Notre Dame April, 15, 2014

Pakistan and the region

Paradoxical trends

• 7th Nuclear Power, Declared

• 6th largest population,

• 8th largest army, • 21.1 percent,

women in parliament,

Literacy rate 53 %, poverty 30-40

% Ranks 146 / 187 in the Human

Development Index 2012 Highest maternal mortality rates

260 / 100,000 Per capita income 2,566 $s Ranked 123rd in the gender

inequality index. 6th most dangerous for

journalists

Causes of religious Extremism A religious state (state =religion relationship) Feudal / tribal society

Underdeveloped Democratic institution – the art of governance

Colonial past, The Military overshadowed the power

structure Pakistan –Military policies

What is a religious economy? A concept opposite to political economy

(Theocracy ) State interferes with religion and vice versa One or few groups form a monopoly Marginalize the smaller groups through

restrictions The marginalization of minorities becomes

economically profitable (enhanced state restrictions and persecution)

Further commodification of religion (s)

Religious economy: Brian Grim and Roger Finke theory: 2011-2013 (PEW the price of freedom denied, future of religion) Cycle of religious persecution /violence

State restrictions

Social hostilities

Religious persecutions

Induction of blasphemy provisions in Pakistan Penal Code

Laws Year Insult against Sentence

298 –A, 1980 family, companions and Caliphs of the Prophet

Two years imprisonment, fine or both

295 –B 1982 Holy Quran

Laws Year Insult against Sentence

298 A 1980 Family members, Companions, Caliphs and Wives of the Prophet

Two years imprisonment, fine or both, (cognizable but bail able)

295 B 1982 Holy Quran Life imprisonment, fine or both, (cognizable, bail able)

298 B and C

1984 Ahmadis – propagation of faith – or posing to be a Muslim

Three years imprisonment, fine or both (cognizable, bail able)

295 C 1986 Prophet Muhammad (PBUH) Death sentence … Cognizable, non-bail able

Issues in a religious economy Institutional and social discrimination • Law and policy, blasphemy laws, conversions

(forced), biased education discriminatory policies,

• Lack of genuine representation in the political mainstream,

• Social exclusion, • Economic marginalization,

Social hostilities / crimes against minorities in Pakistan Apparent cause of 100 attacks on minority communities 1997-2012, picked in random

Blasphemy Victims- (1986-2012) Muslims 523 Ahmadis 455 Christians 154 Hindus 53 Religion not known 08 Total 1161

Grim and Finke theory challenged

Fatalities and injured in attacks on religious groups comparing 2012-2013 Shia Muslims become victim of violence

Discriminations and biases in Education - Policy Only majority religion is taught in public schools Every Hafiz-e-Quran is eligible for 20 extra marks for

admissions and jobs at the Public Service Commission wide a Federal Cabinet decision dated 20-10-1992

Biases in text books: By omission, Negative portrayal / stereotyping Twisting of historical facts

Study: Biases in Textbooks

Response from human rights lawyers and rights based organizations II

Struggle for democracy (Social and civil rights Movements, Critiquing domestic policy),

Lawyer movement; For restoration of deposed judiciary International support (Lawyers for lawyer – American Bar, International Bar)

UN based advocacy, Shadow reports CEDAW, CRC, CERD, UPRs (2) Hearings

International advocacy – protection –

Response from human rights lawyers and rights based organizations Litigations / pro-bono , Monitoring Human Rights Public interest litigation Defending individual cases / Organizing legal aid Struggle for democracy, rule of law Centrality of Minorities Rights Develop a counter narrative (alternative to

religious economy)

Defenders at risk: Raza Rumi, Rashid Rehman

Aitzaz Hussain, (15) December 2013