10/08/23
The International Bar Association’s Human Rights Institute (IBAHRI) is highly concerned about the recent news that lawyers belonging to the Ahmadiyya community in Pakistan – a numeric minority community in the country – are being required to renounce their religion as a prerequisite to practice law. This is a flagrant violation of their right to freedom of religion or belief.
According to news reports, Ahmadi Muslim lawyers have also faced physical attacks in court on account of their faith. For example, on 27 April 2023, a 77-year-old Ahmadi Muslim Supreme Court advocate, Syed Ali Ahmad Tariq, was reportedly assaulted by other lawyers while practising in court. The lawyers allege that Mr Tariq violated Section 298 B of Pakistan’s Penal Code (Misuse of epithets, descriptions and titles, etc reserved for certain holy personages or places) for having signed an affidavit in court using his full name which includes the prefix ‘Syed’, as this ‘made him out to be a Muslim’.
Mr Tariq has been detained and faces a potential custodial sentence of three years. Commenting on this attack in his judgment, the presiding Judge, Omar Sial J (High Court of Sindh Karachi) stated: ‘Not only an attempt was made to intimidate the court and interfere in the smooth administration of justice, but a lawyer… was physically abusive towards… one of the learned counsel for the applicant. […] This was simply unacceptable behaviour and conduct and must necessarily be condemned by the Bar Associations and Councils.’
IBAHRI Co-Chair and Immediate Past Secretary General of the Swedish Bar Association, Anne Ramberg Dr Jur hc, commented: ‘Pakistan must ensure that its laws and policies are in accordance with international standards without exceptions. Religious minority communities such as the Ahmadiyya must be granted all rights as per the Universal Declaration of Human Rights [UDHR] and the International Covenant on Civil and Political Rights [ICCPR], including the right to freedom of religion or belief as per Article 18 and Article 27 respectively. In particular, the latter that grants extra protections for minority communities.’
In March 2023, the District Bar Association of Gujranwala announced that any applicant must positively assert that they are Muslim and denounce the teachings of the Ahmadiyya Muslim Community and its founder, Mirza Ghulam Ahmad. A similar announcement was made by the Khyber Pakhtunkhwa Bar Council in May 2023. The requirement is contrary to international legal standards, and specifically the right to freedom of religion or belief, as affirmed in Articles 18 of both the UDHR and ICCPR. Pakistan ratified the ICCPR in 2010, and as such, is bound by its provisions.
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https://www.ibanet.org/IBAHRI-concerned-about-the-discrimination-of-Ahmadiyya-lawyers-in-Pakistan
https://thewire.in/communalism/pakistan-senior-ahmadiyya-lawyer-arrested-over-use-of-syed-in-name
https://en.wikipedia.org/wiki/Ahmadiyya
https://fr.wikipedia.org/wiki/Ahmadisme (FRANCAIS)