EN Official Journal of the European Union CE 88/139

(2004/C 88 E/0147)

WRITTEN QUESTION E-3292/03

by Claude Moraes (PSE) to the Commission

(7 November 2003)

Subject: Shariah Law

It has been brought to my attention by the Centre for Legal Aid Assistance and Settlement (CLAAS), which is an interdenominational organisation from my constituency, that many Christians living in Pakistan endure constant threat and intimidation in their daily lives. Following the adoption of Shariah Law earlier this year by the provincial assembly of the North West Frontier Province of Pakistan, Christians and other religious minorities in the region cannot worship freely and are being converted to Islam by force; they are being harassed and persecuted for their beliefs and denied their human rights under this strict Islamic law. There is growing fear that the Muttahidda Majilis-e-Amal alliance of Islamic parties (the MMA) will persuade the Federal Government to endorse Shariah Law and enforce it throughout the country.

Would the Commission please comment on this situation and give its view on the opinion that non-Muslims should be exempt from the Shariah Law?

Answer given by Mr Patten on behalf of the Commission

(4 December 2003)

The Commission is concerned about the situation of Christians and other religious minorities in Pakistan and has brought this to the attention of the Pakistani authorities on several occasions through Union diplomatic contacts in Islamabad. The Delegation of the Commission and Member States Embassies will continue to raise these issues with the Government of Pakistan.

The Shariah Law came into force in the North West Frontier Province (NWFP) on 19 June 2003. However, the various Commissions which have been established to review the existing legislation in order to adapt it to Islamic injunctions have not yet carried out any work. Moreover, the NWFP Governor has raised a number of concerns on the draft Hasba Bill which is designed to implement the Shariah by appointing an Ombudsman with police competence. These concerns have been forwarded to the Islamic Ideology Council (IIC) which has to give a non binding opinion. In these circumstances, it is far from clear that the NWFP Assembly will adopt the Hasba Bill. Incidentally, the Shariah Law adopted in the NWFP is almost a replica of the Shariah Bill adopted nationally in 1991 which has never been implemented.

The Commission through its Delegation in Pakistan is in regular contact with various local and international non-governmental organisations (NGOs) involved in work for religious minorities and has been attentive to possible cases of violence or discrimination against religious minorities since the adoption of the Shariah in the NWFP. So far no indication of an increase in such cases has been reported. However, the minorities claim that they now feel additional psychological pressure and uncertainty about their future.

There does not seem to be a definite answer as to whether non-Muslims should be exempted from the Shariah Law. While Pakistan's Constitution Article 227(1) provides that all existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah, it also contains a number of provisions which protect the minorities. Article 20 of the Constitution grants the freedom to profess religion and to manage religious institutions. Article 36 requires the State to protect the rights of the minorities and Article 227(3) prohibits all laws to affect the personal laws of non-Muslims or their status as citizens.

On this basis, it would appear to some Islamic experts that the Shariah Law should respect the above mentioned rights for minorities recognized in the Constitution and that some of the obligations for Muslins would not be applicable to religious minorities. However, the draft Hasba Bill does not make such a distinction between the minorities and the Muslim majority — the provisions of the Hasba Bill would be imposed on minorities as well as Muslims.

While the issue of the application of the Shariah Law may be subject to debate, the Commission will continue to reiterate to the Pakistani authorities the need to protect Christians and other minorities as well as to avoid sectarian violence. Furthermore, the Commission through some of its cooperation activities will continue also to address the improvement of human rights issues including those related to the nondiscrimination of minorities.