ACHR urges Pakistan to lift ban on its report
The Asian Centre for Human
Rights (ACHR) today urged the newly elected democratic government of
ACHR learnt that on 25 January
2008, the Secretary to the Home Department of the Provincial Government of
Punjab of Pakistan banned ACHR’s report, “
I. BACKGROUND OF THE REPORT
The CERD Committee had planned to consider implementation of the
ICERD by the government of Pakistan without the 15th to 19th
periodic reports of the State party during its in its 71st session held from 30 July - 17 August 2007. The information was put on OHCHR’s website.
Following the announcement ACHR
submitted the report to the CERD Committee in August 2007. ACHR and many other
NGOs regularly submit such reports to the Treaty Bodies as part of an
established procedure of the Treaty Body system. The ACHR report is a public
document and available at:
(http://www.achrweb.org/reports/cerd/Pakistan-CERD2007.pdf).
During the 71st session,
http://www2.ohchr.org/english/bodies/cerd/docs/LetterPakistan3sep07.pdf
II. BACKGROUND OF THE BAN
After assuring the CERD
Committee that Pakistan would, in fact, submit its periodic reports, on 25
January 2008, the Secretary to the Home Department of the Provincial Government
of Punjab of Pakistan, issued the notification No. So(IS-III)1-1/2004/Pt.II
banning ACHR’s publication.
The notice reads as follows:
“WHEREAS, it has come to
the knowledge of the Government of the Punjab that Asian Centre for Human
Rights (ACHR) based at New Delhi, India has published a highly charged and biased
report “Pakistan: The Land of Religious Apartheid and Jackboot Justice”. The
report is being distributed in
Now, THEREFORE, in exercise of the powers conferred by
Section-99-A Cr. P.C-1898, the Government of the Punjab is pleased to ban the
above mentioned report and order to confiscate to the Government all its copies
action against the distributors under the relevant law.”
The report was prepared based on
standard methodology including reports of various NGOs and media. All
allegations of human rights violations were cited with footnotes. The National
Commission for Justice and Peace (NCJP) had no role either for preparation of
the ACHR’s report or its distribution.
III. IMPLICATIONS OF THE BAN: THE CHARGE OF SERIOUS CRIMINAL
OFFENCES AND HARSH PUNISHMENT
Any ban on publications under
section 99-A of the Pakistan Criminal Procedure Code relating to “Power to
declare certain publications forfeited and to issue search-warrants for the
same” is to be read with sections 123-A, 124-A, 154, 295-A and sections 298-A,
B and C of the Pakistan
Penal Code (PPC).
Section 99-A provides that:
“99-A. Power to declare certain publications forfeited and to
issue search-warrants for the same. (1) where:-
(a) any newspaper, or book as defined in the [West Pakistan Press
and Publication Ordinance, 1963, or any other law relating to press and
publications for the time being in force] or
(b) any document.
Wherever printed, appears to the Provincial Government to contain
any treasonable, a seditious matter or any matter which is prejudicial to
national integration or any matter which promotes or is intended to promote
feelings of enmity or hatred between different classes of the citizens of
Pakistan or which is deliberately and maliciously intended to outrage the
religious feelings of such class by insulting the religion or the religious
beliefs of that class, [or any matter of the nature referred to in clause (ii)
of subsection (i) of S. 24 of the W.P. Press and
Publication Ordinance. 1963) that is to say, any matter the publication of which is punishable under
section 123A or section 124A or section 154A or section 295A [or S. 298A or S.
298B or S. 298C] of the Pakistan Penal Code, the Provincial Government may, by
notification in the Official Gazette, stating the grounds of its opinion, declare
every copy of the issue of the newspaper containing such matter, and every copy
of such book or other document to be forfeited to Government and thereupon any
police-officer may seize the same wherever found in Pakistan and any Magistrate
may by warrant authorize any police-officer not below the rank of sub-inspector
to enter upon and search for the same in any premises where any copy of such
issue or any such book or other document may be reasonably suspected to be.
(2) In sub-section (1) 'document'
includes also any painting, drawing or photograph, or other visible
representation.”
Therefore, anyone violating
section 99-A of the Pakistan Criminal Procedure Code can be punished under (1)
section 123-A of the Pakistan Penal Code (PPC) which relates to condemnation of
state and advocacy of abolition of its sovereignty and provides for a sentence
of 10 year rigorous imprisonment; (2) section 124-A of the PPC which relates
sedition and provides for life imprisonment; (3) section 154 of the PPC relating
to abetment in riots and provides for a fine; (4) section 295-A of the PPC relating
to “insulting religion or belief of any
class” and provides for a punishment of 10 years imprisonment and a fine, and
(5) section 298-A, 298-B and 298-C of the PPC relating to insulting, wives,
companions of the Prophet Mohammad and preaching Ahmadi faith which provides for a punishment of three years imprisonment and a fine.
Most of these above mentioned
offenses are non-bailable.
IV. ACHR’s APPEAL TO LIFT THE BAN
In a letter of
9 April 2008, ACHR Prime Minister Syed Yousaf Raza Gillani to lift the ban
on the publication. ACHR underlined in the letter that the report was submitted
following the standard procedure of the UN Treaty bodies. ACHR further urged
the government of