(e) After reviewing a State party report in 2009 the CERD Committee ‘expressed its concern about reported infringements of the right to freedom of religion and the risk that blasphemy laws may be used in a discriminatory manner against religious minority groups, who may also be members of ethnic minorities’ and ‘recalled state party’s obligations on freedom of thought, conscience and religion’5.
We urge the Human Rights Council to call on the Government of Pakistan to:
1. Remove all provisions of discriminations on the basis of religion that is part of the Constitution, laws and policies. In practical terms, the parliament should pass a resolution stating that any law or policy which is contrary to Article 25 of the Constitution be void and abolished except for any affirmative action to promote social justice according to Article 37 of the Constitution. Moreover, while making amendments to the Constitution a definition for discrimination should be included and a mechanism to monitor discrimination should be set up.
2. Take steps to repeal Blasphemy laws (aforementioned Sections of the Pakistan Criminal Code) as procedural amendments have delivered no results.
3. Investigations into the recent incident should be completed quickly and those guilty must be brought to justice. Reparations for victims of violent attacks must be promptly made.
4. Prosecute and bring to justice those who brought frivolous or malicious complaints; strengthen legal and administrative procedures to stop any abuse of the law and pressure from extremist groups.
5. Ban and printed material, books and audio-visual materials containing hate speech. A regulatory and monitoring body should be set up to monitor the implementation of laws meant to stop hate speech.
A/HRC/12/NGO/14 page 5
6. Invite the UN Special Rapporteur on Freedom of Religion or Belief to assess the situation and see the progress on recommendations made during her predecessor’s visit in 1995.
7. Protect political and religious organizations and institutions, judges, lawyers and other Human Rights Defenders who advocate a change in the law.
8. Form a Commission of Inquiry to assess the situation on the situation of minorities in Pakistan. This Commission should be composed by at least two Judges of the High Courts, two representatives of credible human rights civil society organizations and a secretary from the Ministry of Minorities Affairs. This Commission should present within two months its report to the Parliament alongside recommendations for long term remedies.
9. Seriously engage in education policy and curriculum reforms and ensure that religious lessons be only taught as elective subjects. Moreover, the curriculum for school, colleges and universities should be free of materials promoting religious and gender biases. The study and recommendations made by Sustainable Development Policy Institute – Islamabad in this regard be taken into consideration.
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