WarSclerotic

How Pakistani Law Enshrines Extremism and Weakens Counter-Terror Efforts, Investigative Project on Terrorism, Ammar Anwer, February 24, 2017

Pakistani extremists have killed nearly 50,000 people since 9/11. But government ineffectiveness has stymied efforts to contain terrorist violence. The government and military often are not on the same page, or have chosen a narrow and selective approach towards extremism, fighting one outfit and at the same time supporting the other.

For instance, former President Pervez Musharraf acknowledged that Pakistan cultivated and possessed a soft spot for the Afghan Taliban. In addition, Pakistan has failed to take a firm stand against Lashkar-e-Tayyiba, a radical outfit famous for its hateful rhetoric against India. The U.S. designated the organization as a Foreign Terrorist Organization in 2001, and the United Nations designated it as a terrorist outfit in 2005.

Lately, signs of hope have started to emerge. Prime Minister Nawaz Sharif and Army Chief of Staff General Raheel Sharif seem to agree about extremism and also seem to lack the selective approach that their predecessors had often adopted. As evidence, more than 250 people have been arrested for propagating hate speech, and a ban has been imposed on loudspeakers, which were often used to promote sectarian violence.

In addition, Pakistan launched a host of military operations against militants, including 2014’s Operation Zarb-e-Azb, which targeted militant groups including the Tehrik-e-Taliban Pakistan (TTP) and the Haqqani Network. As a result, most of North Waziristan is now controlled by the military.

The Global Terrorism Index (GTI) 2015, complied by the international research group the Institute for Economics and Peace, analyzes the impact of terrorism on the global community. The report conceded success of Zarb-e-Azb and stated, “Pakistan was the only country in the ten most impacted countries that saw a decline in deaths” but still ranked third in the world.

Pakistan still has a long way to go to eradicate Islamist extremism.

Pakistani law remains an obstacle to accomplishing this goal. Its constitution paves the way for religious intolerance as the following examples show:

Declaration of Ahmadis as non-Muslims

Discrimination against Ahmadis began shortly after Pakistan’s inception in 1947. In 1953, a series of violent attacks was instigated against the Ahmadiyya community in Lahore. The Lahore riots resulted in the deaths of hundreds of Ahmadi Muslims.

In 1974, due to the strong pressure from fundamentalists, Ahmadis were officially declared non-Muslims in Pakistan. To this day Ahmadis suffer religious discrimination and persecution while the state shows no inclination toward amending the law or eradicating the discrimination.

Ehtaram-e-Ramadan Ordinance

The Ehtaram-e-Ramadan ordinance was passed in 1981 during the tenure of General Zia-Ul-Haq, and is part of the constitution. It prohibits public eating during Ramadan’s fasting hours. It is a blatant violation of religious freedom for non-Muslims and secular Muslims. The ordinance requires that restaurants remain closed during fasting hours. Violations are punishable by up to three months in prison or a fine.

But vigilantes often take this law into their own hands. During the last Ramadan, an elderly Hindu man was badly beaten for eating publicly.

Pakistan’s contentious blasphemy law

Blasphemy is the act of insulting, showing contempt or a lack of reverence for God or that which is considered sacred. The blasphemy laws are now enshrined in section 295 A, B and C of the Penal Code, with their focus to protect Islam.

Pakistan uses this controversial law at a level unparalleled in any other country. The law has had a disproportionate impact on minority communities. Minorities, which comprise just 4 percent of Pakistan’s population, are targeted in more than half of the 702 total blasphemy law cases. The laws routinely are used to target religious minorities like Hindus or Christians for personal or political motives.

This action contradicts Pakistan’s constitution which guarantees the right to profess religion, equality of citizens and protection of minorities.

The law perpetuates an environment of intolerance and discrimination. To guarantee equal treatment and fundamental rights, the blasphemy laws must be eliminated or dramatically changed. Without this improvement, the state will never be able to achieve peace, tolerance and equal human rights.

Conclusion

The facts are before us, though they might be difficult to face. However, as Aldous Huxley said, “Facts do not cease to exist because they are ignored.”

We in Pakistan cannot claim that we are fighting a war against extremism if there are extremist tenets within our constitution. Until we change those laws, the fight can never be won.