FOR IMMEDIATE RELEASE
AHRC-ART-121-2012
November 15, 2012

An Article from the Asian Human Rights Commission

This article was also published by the Interfaith Cooperation Forum Newsletter and may be found at: http://antonechan.com/~dagaorg/icf/faithpeace/2012/121130f.htm

PAKISTAN: Violence against the Ahmadi community, a religious minority continues unabated

Stewart Sloan
(This is Part II of a series of articles on the problems of religious minorities in Pakistan)

With its reelection to the Human Rights Council Pakistan must now show the world that it is serious about fulfilling its international obligations. One area that needs urgent attention is the violence committed against religious minorities, in particular the harassment and violence perpetrated against the Ahmadis, which often happens with the cooperation of the police.

On October 19 Mr. Saad Farooq was returning home after attending congregational prayers with his family. Farooq, an Ahmadi, was riding his motorcycle while his family travelled in a car. Unknown men, also on a motorcycle approached him from behind and shot him in the head. Farooq died on the spot. The assailants then turned their attention to the car in which Farooq's father, brother, father-in-law and others were seated and opened fire. Three of them were injured and taken to a hospital.

Mr. Saad Farooq was an active member of the Karachi Ahmadi community. Recently married he leaves behind a grieving widow. He was 26 years-of-age.

A few weeks earlier on October 4, Khawaja Zahur Ahmad (64), was shot dead near his home in Satellite Town. The bullet struck him below the right ear. Friends and neighbours rushed him to the hospital but he died en route. A few months prior to Ahmad's assassination religious extremists had gathered outside his home shouting slogans. Ahmad was a peaceful and respectable citizen and had no dispute with anyone. He was killed only for his faith.

Mr. Riaz Ahmad Basra was shot dead in Ghatialian, District Sialkot on October 18. Raja Abdul Hamid Khan and Mr. Bashir Ahmad were killed in Baldia Town four days later, on October 23 and the list goes on and on and on. These were targeted killings of Ahmadis.

On August 20 in Ghatialian, the police registered a case against four Ahmadis after they received the complaint of a mulla, Qari Afzal. The reason behind the complaint was that they had hurt his feelings and intimidated him. Those named in the case were Mr. Naeem Ahmad, Mr. Gulfam Naeem, Mr. Ahsan Ramzan and Mr. Shahid Abdullah. Interestingly, three of the accused were not even present at the time of the alleged incident which would appear to indicate that it was a fabricated charge. At the initial hearing temporary bail was obtained for them. However, on October 15, the Additional Session Judge of Pasroor changed the applied penal code in the case with PPC 298-C, an anti-Ahmadiyya clause, and rejected the temporary bail. The police arrested all the accused and sent them to jail until a new bail application was moved in the Magistrate's Court which was granted on October 23. The accused still face trial.

Anti Ahmadiyya activities are nothing new but incidents have risen steeply in District Hafizabad with the desecration of an Ahmadiyya graveyard by the police. This was done on the instructions of a group of mullas. The police officials urged the Ahmadis to commit the desecration themselves and when they refused a group of men went to the cemetery and erased Islamic inscriptions from the gravestones.

The problems for the Ahmadis started with the amendment to the Constitution in 1973 during the reign of Zulfika Ali Bhutto which declared them as 'non-Muslim'. However, it was during the regime of General Zia Ul Haq that they were truly disenfranchised. Ahmadis were denied the right to declare themselves as Muslim. They were not allowed to build mosques similar to those of the Muslims. They could not write or inscribe Quranic verses on their walls of their mosques. And as mentioned earlier, even inscribing Quranic verses on their gravestones left them open to attack by religious zealots.

Sadly the sectarian prejudice against Ahmadis even extends to their right to education; another area in which the government has failed miserably to live up to its responsibilities.

Ms Afshan Malik was a student in the Government Degree College for Women, Gulshane Ravi, Lahore. Ms. Malik participated in the Natiya (poems in the honour of the Holy Prophet PBUH) competition in the Punjab Youth Festival. The Chief Minister of the Punjab, who was present at the event liked her recital so much that he asked to recite another Naat while the results was being compiled. She did so and was loudly applauded by the audience. She was awarded the first prize and a trophy.

After a few days her rivals came to that the two Naats she recited were written by the Ahmadi elders and started to harass her in the college. They tried even get a police case registered against her and when the situation became serious she had to discontinue her studies. Later, for their safety the entire family had to shift their residence.

Once again the question begs to be asked: where is the religious freedom that Ms. Hina Rabbani Khar spoke of in her address to the United Nations at the Universal Periodic Review? Now that Pakistan has been reelected to the Human Rights Council this must be the time for the government of President Asif Ali Zardari to live up, not only to the pledges it made to the UN four years ago but more importantly, to the wording in the country's Constitution which guarantees freedom of religion for all.


*Stewart Sloan may be contacted at sloanbooks@gmail.com and welcomes feedback and suggestions for future articles on the religious minorities of Pakistan.

An Article from the Asian Human Rights Commission

PAKISTAN: Despite being reelected to the Human Rights Council religious minorities continue to suffer abuse and harassment

Stewart Sloan
Pakistan was reelected to the UN Human Rights Council with a thumping majority vote. It was one of the highest votes received by any country and it somehow managed to do this with a human rights record that shows little compliance with the pledges made in 2008.

The ongoing excuse for the continuation of human rights abuses and non-compliance with the international obligations is the fight against terrorism, defence of sovereignty and national interests. However, despite this claim there seems to be little progress in the fight against terrorism and this may be witnessed by the almost daily attacks by religious extremists and Talibani elements from both within and without the country's borders.

The rhetoric from the country's leaders speaks of their fight against terrorism and their commitment to ensuring freedom of religion and equality for all. However, while they are happy to spout these in international forums their actions behind closed doors do not bear this out. It is not possible that the voting countries are unaware of this and it casts doubts on the sincerity of the country's that voted for Pakistan's reelection. Could it be that they are happier with the devil they know and are afraid of what might happen if they have no control whatsoever over that devil's actions.

Pakistan will undoubtedly be proud of the number of votes it received but will this lead to the false idea that the country must be doing something right and therefore may continue to ignore their international obligations. Reelection should be a reward for doing something right. Perhaps now might be the time for the country to prove that it is worthy of this reward by complying with its obligations. Now might be the time for the international community to ask for a definitive answer as to when Pakistan is going to abolish the blasphemy laws, introduce legislation to make torture a crime and ensure that the military is placed firmly under the Constitution in order the stop the enforced disappearances and extrajudicial killings that inevitably follow.

It was just a few short weeks ago when Hina Rabbani Khar, the Foreign Minister and head of the Pakistan delegation stood before the UN at the Universal Periodic Review and assured her audience that freedom of belief and religion was practiced in Pakistan. She obviously does not read the newspapers. Perhaps such a thing is below her and she waits for one of her aides to inform her of what is going on in the real world. Perhaps her aides do not consider the harassment and physical attacks on members of the Hindu minority to be a matter worthy of their or her attention. Whatever the case, harassment and attacks on the Hindu minority are a very real occurrence and one that the government of Pakistan is turning a blind eye to in their ongoing policy of appeasement of the religious extremists.

In one of the most recent incidents on November 8, a group of Islamic extremists arrived at a Hindu temple on the outskirts of one of the country's largest cities, Karachi, shouting, "Kill the Hindus, kill the children of the Hindus." The group, which was armed with pistols, destroyed the temple fittings and ripped off the golden bangles worn by the women. The men and women were beaten indiscriminately and the attackers were so sure of their impunity from any action from the authorities they did not even bother to conceal their identities or cover their faces.

This was not an isolated case; indeed, it was the second time this particular temple has been attacked, and there have been many such incidents reported. Even Muslims who speak out in public in defence and support of Hindus leave themselves open to attack.

Marvi Sirmed is an outspoken defender of democracy and human rights. She has particularly spoken out on the rights of minorities such as the Hindus, Christians and Shias. Marvi had been receiving threats from rightwing and extremist groups for several months now and for her own security has had to change her place of residence.

On November 3, unidentified gunmen opened fire on the car in which Marvi Sirmed was traveling but fortunately she and her driver escaped unharmed. The attack took place in the Pakistani capital, Islamabad. The police announced that they have started an investigation into the attack but, perhaps not surprisingly, no results have been forthcoming.

More recently Marvi Sirmed was instrumental in the recent campaign to free Rimsha Masih, a Christian girl who was wrongly accused of blasphemy after a Muslim cleric planted evidence against her.

Another area of concern which involves members of the Hindu and Christian minorities is that of forced marriage and conversion. Typically a Hindu girl goes missing and when she next contacts her family they find that she has been married to a Muslim boy. There have been numerous court hearings in several cases to determine whether the conversion was voluntary and in each case students from nearby madrassas attend court to intimidate the judges by chanting demands that the conversion be confirmed. An NGO worker said that in the 100 cases that he had personally worked on only one girl had been safely returned to her family. The government's policy of appeasement also finds its way into the courts.

There is now a mass exodus of Hindus from Pakistan which is noted but ignored by the government who is doing nothing to provide them with the protection guaranteed by the Constitution. It is generally believed that the impetus for this exodus was the case of the forced conversion and marriage of a Hindu girl, Rinkle Kumari. Even a Sou Moto action by the Supreme Court of Pakistan yielded no favourable results and the girl herself, perhaps realising the helplessness of her situation, opted to remain with her Muslim 'husband'. Rinkle's relatives allege that she was forced to decide in favor of her husband and her uncle said that the Hindu community had submitted to the kidnapping for ransom practices against them; however, kidnappings of girls followed by forced conversions so alarmed the community that their fear increases with every passing day.

At the time of the creation of the country the Hindu community had the choice of remaining with Pakistan or immigrating to India. They chose to remain loyal to a country whose government is now turning a blind eye to the harassment and abuse perpetrated by the religious extremists who are allowed to spread their messages of hatred with impunity.

The glowing image that the Foreign Minister, Hina Rabbani Khar, painted of Pakistan blatantly ignored the harassment and abuse of Hindus, Christians, Shias and the Ahmadiya community. She ignored the several attacks on members of the Shia community in which buses were stopped by people in military uniform, the Shias identified, lined up on the side of the road and shot, execution style. Likewise, she made no mention of the assassinations of members of the Ahmadiya community who are persecuted and harassed. Interestingly, on the very day that the Foreign Minister was giving her speech to the UN the Ahmadiya community was forbidden to hold their Eid celebrations and was prevented from holding prayer meetings like the other Muslims. One can only laugh at the Foreign Minister when she claims that religions minorities enjoy complete freedom. She was fully aware when she gave her speech that the Ahmadiya community is disenfranchised and forbidden to vote in the general elections so that they can have a voice in parliament.

So much for freedom of religion!

Pakistan must show the world that it is worthy of being a member of the Human Rights Council. Now is the time for the country to abolish the blasphemy laws, introduce legislation to make torture a crime and ensure that the military is placed firmly under the Constitution in order the stop the enforced disappearances and extrajudicial killings that inevitably follow.



*Stewart Sloan may be contacted at: sloanbooks@gmail.com

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WORLD: Europe's top human rights court hears rendition case

FORWARDED PRESS RELEASE AHRC-FPR-018-2012 A Press Release from REDRESS forwarded by the Asian Human Rights Commission (AHRC) The Grand Chamber of the European Court of Human Rights heard today its first case involving a victim of the CIA rendition program. It heard evidence supporting Khaled El-Masri's claim that he was subjected to torture and ill-treatment in an Afghan prison, after being wrongfully arrested by Macedonian agents and handed over to a CIA rendition team more than eight years ago. 16 May 2012 -- The European Court of Human Rights today heard its first case involving a victim of the CIA rendition program. The Grand Chamber of the European Court of Human Rights (ECtHR) heard detailed evidence supporting Khaled El-Masri's claim that he was subjected to torture and ill-treatment in a notorious Afghan prison, after being wrongfully arrested by Macedonian agents and handed over to a CIA rendition team more than eight years ago. After four months of detention he says he was returned to Europe and dumped on an Albanian road in May 2004. Every attempt at seeking justice by El-Masri has failed until now. El-Masri is represented in the case by a team of lawyers from the Open Society Justice Initiative. REDRESS first made written observations as a third party in the case before the ECtHR in 2011 (see here) and again this year (see here) on the rights of victims of extraordinary rendition under international law to an investigation, remedy and reparation. REDRESS has made detailed submissions to the Court on: The importance of keeping victims informed and allowing them to be involved in investigations into allegations they raise the requirement that such investigations be subject to public scrutiny and the need for such investigations to be capable of identifying systemic failures leading to the violation. In the face of repeated failures to adequately investigate such allegations across Europe -- including in the UK -- REDRESS' submission shows how verification of the facts and public disclosure of the truth are themselves part of what the states involved owe victims under international law. In support of its submission REDRESS provided the Court with an expert report (see here) by clinical psychologist Dr Mary Robertson, which discusses how the provision of a remedy, and identifying the perpetrators, can be crucial to victims' psychological recovery. REDRESS' international legal officer, Sarah Fulton, said: "Providing a remedy to victims and getting to the bottom of what happened, and why, is vital because it allows injustice to be acknowledged by the wider society and helps victims to reclaim their dignity and come to terms with their suffering." According to Fulton: "Extraordinary rendition, and the torture and ill-treatment associated with it, destroys lives. Its victims have the right, just like any other persons whose rights have been violated, to have their allegations properly investigated. Those investigations and their findings must be as open to public scrutiny as possible, both for democratic accountability and, crucially, for the sake of the victims themselves. Leaving aside any monetary compensation, verification of the facts and public disclosure of the truth are vital parts of what the states involved owe victims under international law." Wednesday's hearing was the first time that a court heard the merits of El-Masri's complaint, even though several criminal and civil proceedings related to his case were started in the United States, Spain, Germany and Macedonia without result. His attempt to sue the CIA in the US courts was rejected in 2006 under the "state secrets" doctrine, which allowed the US Government to have the case dismissed without considering the merits on the basis that it risked revealing classified information. Efforts to encourage the Inter-American Commission on Human Rights to consider the US' application of the "states secrets" doctrine, which REDRESS also supported, have likewise not led anywhere. To date, European states alleged to have been implicated in the extraordinary rendition programme have failed to properly address the allegations relating to their involvement or to provide a remedy to victims. REDRESS believes that this case presents the Court with an opportunity to emphasise to States the obligations that they have to both the public and to individual victims in such cases. It should also stand as a stark example to those seeking to limit even further victims' avenues for justice, including the UK which, despite much criticism, remains committed to introducing closed procedures in all cases raising national security issues. The Grand Chamber will now consider the case, before delivering its judgment later in the year. REDRESS was represented in its amicus submissions by barristers Timothy Otty QC and Simon Pritchard of Blackstone Chambers. For further information, please contact Eva Sanchis, Communications Officer, on eva@redress.org or +44 (0) 20 7793 1777. # # # About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

HONG KONG: Racial discrimination is alive and well and living in Hong Kong

Stewart Sloan

(This article was published by the Asian Human Rights Commission as a External Contribution on 2nd March, 2012)

Racial discrimination is alive and well and living in Hong Kong, thank you very much. Although westerners might find this hard to believe, ask any Filipino, Thai, Indonesian or any other member of a minority group. Any one of these people will tell you the real situation. The Race Discrimination Ordinance comes under the auspices of the Equal Opportunities Commission and has, supposedly, been in effect since 2009 but there is ample evidence to show that no one really cares.

In all honesty I can't say that racial discrimination was any worse prior to the RDO coming into effect but the point is that despite the ordinance, it is certainly not any better.

Every single person living in the Hong Kong SAR is entitled to equal treatment under the law. However, when dealing with government officers this is not always true. This of course, does not apply to every government officer but sadly, the one or two that believe they are superior beings casts a shadow over their colleagues. If you have ever stood behind a Filipino or another minority individual in an immigration queue and listened, not only to the questions but the tone in which they delivered, this is quite evident. The question is: why is it necessary to treat people in this manner? Is it because of an inferiority complex? Were they treated in a similar manner at some time in the past?

The erstwhile officers at the Immigration Department will be pleased to know that they are not alone in their attitude towards the minorities. Recently a young Filipino lady went to a bank to inquire as to what she needed to open an account. She was told quite clearly that all she needed was her identity card and proof of address. Accordingly, the following day she returned to the bank with the necessary documents and listened to the staff member, who was actually the Assistant Personal Account Manager, enter into a conversation with one of her colleagues. They asked the Filipino lady what her job was and received the answer that she worked for a marketing company. How was that possible they wanted to know? She was a Filipino, weren't all Filipino women domestic workers? They demanded a contract to prove that she wasn't a domestic worker. Fortunately the young lady was not subdued by this appalling display of racism and told them she would take her business, and her money, to another bank.

Upon hearing of this incident I made a phone call the bank concerned and when I explained the reason for the call I was put on hold, and left there.

So, yes, racial discrimination is alive and well and living in Hong Kong, thank you very much. The list can go on as long as the reader wishes but to be fair I will only mention a few examples.

Another Filipino went to a bank in order to seek information for a credit card application to which she was entitled due to her salary and immigration status in the SAR. Upon entering the bank she approached the reception counter at which there were two female staff members deep in conversation. When the lady concerned explained to the receptionists that she wanted to apply for a credit card, without pausing in their conversation one of them handed her an information leaflet. When the lady asked specifically for the requirements one of the receptionists waved at the leaflet and said, "Call number, la".

Interestingly a few weeks earlier I had gone to the same branch and made the same enquiry. I was taken into a private office by one of the staff who filled out the relevant form on my behalf and handed it to me for my signature. Thank you very much. Why couldn't they have done this for the Filipino lady? Was it (gasp, shock, horror) due to racial discrimination?


The ordinance is quite clear on this matter as seen in Section 1 which reads:
In any circumstances relevant for the purposes of any provision of this Ordinance, a person ("the discriminator") discriminates against another person if --
(a) on the ground of the race of that other person, the discriminator treats that other person less favourably than the discriminator treats or would treat other persons; or
(b) the discriminator applies to that other person a requirement or condition which the discriminator applies or would apply equally to persons not of the same racial group as that other person but --

Some years ago there was an interesting article in the South China Morning Post about a Pakistani resident of Hong Kong who had been refused a lease time and time again because of his nationality. He was told quite openly by the landlords that they did not want to rent their property to anyone other than a Chinese or a foreigner. Fortunately for this gentleman he was light skinned so he 'developed' an Italian accent, posed as a resident of Rome and was able to rent an apartment. It was only after he signed the lease that he went to the newspaper who published his story.

Yet another visitor to Hong Kong went to open a savings account at one of Hong Kong's premier banks only to be told that he needed proof of an employment contract. This has never been a requirement for opening a saving account and inquiries with half a dozen banks has revealed that one only needs proof of identity and proof of residence. In fact, when opening an account a few years ago I was only asked for my ID card. Of course I had to fill in my address details but at no time was I asked for proof. But then, I have a white face.

The SAR government has created this ordinance. Does it, I wonder, enforce it? What is needed here it two things: the first is for the government to inform the general public that this ordinance is in force and that it is prepared to enforce it. And the second thing is for the people of Hong Kong to realise that it is the minorities that provide the vast majority of domestic labour in the territory. You know, the ladies that they send out in the freezing rain to wash their cars, the young ladies that cater to their children when they go to school so that they can go to work and take their leisure, the young ladies that cook their meals and wash their clothes. This list also includes the members of the minority groups that have immigration status in the SAR due to marriage or other reasons, the ones that are entitled to bank accounts and credit cards and to be treated like people and not third class citizens.

For further information on the Race Discrimination Ordinance please see:http://www.eoc.org.hk/eoc/graphicsfolder/showcontent.aspx?content=ordinance
Stewart Sloan is the author of three novels and a collection of anecdotes about the Royal Hong Kong Police force whom he served as a Confidential Assistant for 11 years. He currently writes articles and satire on various human rights issues in several Asian countries. More of his work may be found at: http://sloanbooks.blogspot.com

The Ten Commandments of Mahinda Rajapakse

His Eminence Malcolm Rajasloana

(This was inspired by the article, Thou shalt not oppose the ruling family: New First commandment for Sri Lanka, by Tisaranee Gunasekara which appeared in Transcurrents, 5 November, 2011)


"I am the LORD your President who brought you out of the war with the LTTE. You shall have no other gods in My presence..."

"Do not make an image or any likeness of what is in the heavens above unless it makes ME look good."

"Do not swear falsely by the name of the LORD unless you happen to be Mervyn Silva"

"Remember the Sabbath day and keep it quiet without disturbance so that I can rest."

"Honor your father and your mother, but not above MYSELF, my brothers, sons uncles, nephews and wife."

"Do not murder. That is MY job!"

"Do not commit adultery unless you are Duminda Silva."

"Do not steal, unless you give ME ten percent."

"Do not bear false witness against your neighbor unless he is an opponent of MY regime."

"Do not covet your neighbor's wife, unless you are Malaka Silva."

Let's see, who's on the Winner's Podium today?

by Stewart Kudupakse

(November 03, Colombo, Sri Lanka Guardian)

Well folks, up until this morning it was a very close race.

Yessir, very close indeed. As the most annoyingly amusing person in Sri Lanka Mervyn the Vermin was winning by a length, having rounded the last bend he was heading for home at a comfortable pace. Having fraudulently obtained money with a bad cheque, threatened staff of the Canadian Embassy at gunpoint and tying a government official to a tree, you would think that nothing could surpass him.

Wrong! Think again.

From out of the pack gallops Duminda and he closes in on Mervyn in leaps and bounds passing him comfortably yards before the finishing post. How did he accomplish this amazing feat you might ask?

This humble individual has been accused of rape and molesting his girlfriend, the delectable Anarkali Arakasha. This hit the headlines but as is customary in Sri Lanka the matter just died a death and nothing happened. Then of course there is the small matter of his insurance fraud of nothing less than Rs. 17 million. How did this come about? Back in August He crashed his car and then six days later took out an insurance policy on it. Two days after the policy was in hand he made a claim with the insurance company for the total loss of his vehicle as it had hit a telephone pole. (Judging by the condition of the vehicle he must have hit the entire telephone company). Investigations by the insurance company revealed the truth and a report was made to the police who admittedly openly that while they thought there was sufficient evident to act against Duminda they did not due to enormous political pressure. "We would have been in deep trouble if we raised any issue then," said one high ranking officer, who, with a penchant for self preservation declined to be named.

And so folks it's Duminda by a head, taking the lead as Sri Lanka's most deplorable example of what any person can do if you have the patronage of the Troika.

Stewart Kudupakse is an author and satirist who also has a penchant for self preservation.