WRITTEN QUESTION E-3292/03 by Claude Moraes (PSE) to the Commission. Shariah Law.
Date: 2003-11-07
Institutions: European Parliament, Provisional data
Subjects: EU relations, Islamic law, Pakistan, freedom of religious beliefs, protection of minorities, religious discrimination, religious group

8.4.2004

EN

Official Journal of the European Union

C 88 E/139

How is a repetition of this deplorable situation to be prevented, so that further weapons cannot find
5.
their way into use in internal extermination campaigns or summary executions in Nepal or other similar
regions?

Source: Belgian newspaper ‘De Morgen’, 17.10.2003.

Answer given by Mr Patten on behalf of the Commission

(4 December 2003)

The Commission is fully aware of the ongoing conflict in Nepal and deeply regrets the interruption of the
peace talks on 27 August 2003 and the increased violence and loss of life since.

The trade in arms is currently dealt within the framework of the Common Foreign and Security Policy
(CFSP) and the Commission is fully associated. In June 1998, the Union adopted the Code of Conduct on
arms exports under the CFSP on the basis of criteria that Member States are pledged to respect.

The Commission, while sharing the Honourable Member’s concern, has neither the authority nor the
means to monitor armament’s exports. Full responsibility for the licensing of arms exports is an internal
matter of the Member States to organise the way they see fit in order to fulfil the obligations they have
undertaken under the code of Conduct.

(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

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8.4.2004

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 (cid:1) 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 non-
discrimination of minorities.

(2004/C 88 E/0148)

WRITTEN QUESTION P-3303/03

by Luigi Vinci (GUE/NGL) to the Commission

(3 November 2003)

Subject: Turkey and latest report of the Human Rights Association of Turkey (IHD)

In its latest report, the Human Rights Association of Turkey (IHD) states, following a detailed description
of cases, that the number of human rights violations committed by the various state bodies in Turkey over
the last six months is equal to the total number of violations for the previous year.

What is the Commission’s opinion on this general statement by the IHD, i.e. does it consider the statement
to be accurate? Is the Commission aware of all the cases mentioned by the IHD in this report and, more
generally, the cases mentioned in the various reports published by the IHD and other Turkish human
rights organisations?

Answer given by Mr Verheugen on behalf of the Commission

(26 November 2003)

The Commission is aware of
the report produced by the Turkish Human Rights Association. The
Commission receives on a regular basis reports prepared by this Association along with a number of other
non-governmental organisations working in the area of human rights. These reports are useful sources of
information in assessing the human rights situation in Turkey.