“Pakistan’s blasphemy laws persecute the weakest of the weak” By Farahnaz Ispahani

To quote a 2016 Amnesty International report, “As Good as Dead: The impact of blasphemy laws in Pakistan,” once an individual is accused of blasphemy, “they become ensnared in a system that offers them few protections, presumes them guilty, and fails to safeguard them against people willing to use violence.”

Asia Bibi
Asia Bibi- who was sentenced to death under Pakistan’s Blasphemy Law

On Saturday, Rome’s Colosseum was lit in red in support of persecuted Christians, including Asia Bibi, who was sentenced to death under Pakistan’s blasphemy laws. At the Rome gathering, Pope Francis described Bibi, alongside a Nigerian woman who was captured by Boko Haram, as “martyrs.”

Bibi, an illiterate berry picker, was convicted of defiling the name of the Prophet Mohammed. She was accused by her Muslim neighbors who objected to her drinking water from the same glass as them because she was Christian. Under Pakistan’s blasphemy law, her alleged comment is punishable by death. In 2010, Bibi, at age 45, was sentenced to hang, but her case is still pending.

Pakistan’s blasphemy laws date back to the military dictatorship of Gen. Muhammad Zia ul Haq. In 1980, making a derogatory remark against any Islamic personage was defined as a crime under Pakistan’s Penal Code Section 295, punishable by three years in prison. In 1982, another clause was added that prescribed life imprisonment for “willful desecration of the Quran” and, in 1986, a separate clause was added to punish blasphemy against Prophet Mohammed with “death, or imprisonment for life.”

img_6931
Author Farahnaz Ispahani

Bibi’s case illustrates how blasphemy laws are used to persecute the weakest of the weak among Pakistan’s religious minorities. As a poor Christian from a low caste, Bibi was among the most vulnerable and susceptible to discrimination. And the legal system — which, in theory, should be designed to protect the innocent — failed her in every way

However, Bibi’s case isn’t the first case in which Pakistan’s blasphemy laws have been used to punish minority groups. Since Zia ul Haq imposed the laws, their application has unleashed extremist religious frenzy.

Procedures for investigation and prosecution lend themselves to widespread abuse. Assertion by a Muslim witness that blasphemy was committed is sufficient for filing of charges and arrest of a suspect — even without corroborating evidence. Furthermore, the testimony of non-Muslim witnesses in defense carries less weight, and, in most cases, the filing of charges is tantamount to punishment, because bail is denied.

Worse still, once blasphemy is alleged, mob violence or targeted killing becomes a possibility. According to researcher Mohammed Nafees, from 1990-2011, there were over 50 cases “wherein blasphemy suspects were either extrajudicially murdered or died in jail.”

Lawyers who dare to represent someone accused of blasphemy have also been killed. In 2014, Rashid Rehman, a distinguished human rights lawyer brave enough to represent those most vulnerable to blasphemy charges — women and children of religious minorities, people with mental disabilities, and the weak and impoverished — was shot dead in his office by two unidentified gunmen.

Meanwhile, judges who have dared to acquit an alleged blasphemer or convict the killer of an alleged blasphemer have either had to flee the country or face death.

Nonetheless, until now, Western governments, which viewed Pakistan as a strategic ally in the war on terrorism, did little to protect Pakistan’s religious minorities.

However, that might now be changing — albeit slowly.

The Pope’s attention to Bibi’s case parallels efforts by the European Union’s Special Envoy for Freedom of Religion or Belief to secure her release by making it a condition for continued European market access for Pakistani products.

More specifically, Jan Figel, part of the special envoy, informed the Pakistani government that the future of Generalized System of Preferences, or GSP, status to Pakistan, which allows Pakistan duty-free access to the EU markets, would be directly linked to the peaceful resolution of Asia Bibi’s blasphemy case.


Farahnaz Ispahani is a global fellow at the Woodrow Wilson International Center for Scholars and a senior fellow for South and Southeast Asia at the Religious Freedom Institute. She is a former member of Pakistan’s Parliament where she served on the foreign affairs and human rights committees. Her book, “Purifying The Land of the Pure: The History of Pakistan’s Religious Minorities,” published in 2017. The views expressed in this commentary are her own.


The article was originally published by CNN & link: Pakistan’s blasphemy laws persecute the weakest of the weak by Farahnaz Ispahani

Written by Farahnaz Ispahani

Farahnaz Ispahani is a Global Fellow, at the Woodrow Wilson International Center for Scholars in Washington DC. She is the author of the recently published book "Purifying the Land of the Pure: The History of Pakistan's Religious Minorities. Oxford University Press, 2017. Ms. Farahnaz Ispahani has been a leading voice for women and religious minorities in Pakistan for the past twenty five years, first as a journalist, then as a member of Pakistan’s National Assembly, and most recently as a scholar based in the United States. An advocate of Pakistan’s return to democracy during the military regime of Pervez Musharraf, she served as a spokesperson and international media coordinator for the Pakistan People’s Party, working alongside the late Benazir Bhutto. During her tenure in parliament (2008–2012), she was a member of the Human Rights Committee and the Women’s Parliamentary Caucus. In 2013–2014, she served as a Public Policy Scholar at the Woodrow Wilson International Center for Scholars, where she completed a book on the persecution of religious minorities in Pakistan. In 2012, she was listed among Foreign Policy magazine’s Top 100 Global Thinkers, as well as Newsweek Pakistan’s Top 100 Women Who Matter. During her fellowship, Ms. Ispahani is exploring women’s political participation in the Muslim world, both in terms of their progress toward gender equality under democratic systems and the converse rise of women as agents of extremist propaganda within the world of the Islamic State. FARAHNAZ ISPAHANI is Senior Fellow, South and South East Asia Action Team at Religious Freedom Institute also.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s