what is the meaning of freedom and rights of minorities in Pakistan
Answers
Explanation:
Pakistan gained independence in 1947 and was founded upon the concept of Two-nation theory. At the time of Pakistan's creation the 'hostage theory' had been espoused. According to this theory the Hindu minority in Pakistan was to be given a fair deal in Pakistan in order to ensure the protection of the Muslim minority in India.[1][2] However, Khawaja Nazimuddin, the 2nd Prime Minister of Pakistan, stated: "I do not agree that religion is a private affair of the individual nor do I agree that in an Islamic state every citizen has identical rights, no matter what his caste, creed or faith be".[3]
Answer:
Pakistan has signed many of the international declarations and treaties which form the basis of the international framework for the freedom of religion or belief. As a party to the Universal Declaration on Human Rights, as well as treaty bodies such as the ICCPR, which it ratified in 2010, Pakistan has certain obligations to uphold the right to freedom of religion or belief and give effect to the rights enshrined by these treaties. Some other key treaties that Pakistan has ratified – with certain reservations – and which are relevant to freedom of religion or belief to varying degrees include the International Covenant on Economic, Social, and Cultural Rights (ICESCR, ratified in 2008), the International Convention on the Elimination of Racial Discrimination (ICERD, ratified in 1966), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, ratified 1966), the Convention on the Rights of the Child (CRC, ratified 1990), and the International Labour Organization Discrimination (Employment and Occupation) Convention 1958 (ILO 111).
A significant gap remains between ratification and implementation at the domestic level, however. Pakistan follows a dualist system with regard to international treaties, and therefore those that have been ratified still require incorporation into domestic law. Failure on the part of the government of Pakistan to comprehensively bring domestic legislation in line with international treaties has led to the frequent violation of the latter. Nevertheless, there are constitutional provisions in place to uphold the freedom of religion or belief, as well as rights of minorities.
While in the Pakistani Constitution several references are made to ‘minorities’, no clear definition for this term is set out, resulting in ambiguity regarding what constitutes a ‘minority’. However, ‘minority’ in the Pakistani context is commonly understood to refer to religious minorities specifically, thereby limiting the constitutionally recognized minority groups to those such as Hindus, Christians and Sikhs. This has implications for ‘internal minorities’ such as Shi’a who, while Muslim, are a sectarian minority, as well as for ethnic, linguistic and national minorities who are not clearly constitutionally recognized as such. Particularly vulnerable are those groups, such as Hazara Shi’a, who face intersectional discrimination on account of their ethnicity and religious identity, but also those who face caste discrimination, all of which fall outside of the commonly accepted definition of ‘minority’ in Pakistan.
This narrow understanding of ‘minorities’ has been reflected, for example, in Pakistan’s engagement with treaty bodies such as the Committee on the Elimination of Racial Discrimination (CERD), as well as certain provisions within the Constitution which refer to ‘minorities’ in general, with a focus that is squarely on religious minorities (including Articles 20, 21 and 22). Detailed in Table 1 are constitutional provisions which work to uphold freedom of religion or belief and the rights of minorities in Pakistan, many of which are from Chapter 1 of the Constitution, centred on fundamental rights.