Protection of Minority Rights in Pakistan’s Constitution: Adequacy, Discrimination and Marginalization

Hamza Haroon Blawgs, Commentary
[Note: The use of the term ‘non-Muslims’ in this article is for legal purposes only and not meant to be exclusionary in any way].

Pakistan is a diverse nation with numerous ethnic, linguistic, and religious groups. While Pakistan’s Constitution guarantees certain rights to all citizens, including minorities, there have long been concerns about how well these rights are protected in practice.

This article will look at whether minority rights in Pakistan’s Constitution are sufficiently protected or do the minorities continue to face discrimination and marginalization. This is an important subject because the way minorities are treated reflects a country’s commitment to democracy, human rights and the rule of law. It can also pose major implications for Pakistan’s social, political and economic stability.

The purpose of this article is to provide an analysis of Pakistan’s constitutional safeguards for minority rights, highlight some of the critical challenges that the minorities continue to face and propose potential solutions to these challenges, urging policymakers, the civil society and the general public to take action to ensure that all citizens’ rights, regardless of background, are fully respected and protected.

The Constitution of Pakistan contains several provisions which are intended to protect the rights of minorities. These include the following:

  • Article 20: This article guarantees freedom of religion to all citizens of Pakistan and prohibits discrimination based on religion. It also grants individuals the right to profess, practice and propagate their religion.
  • Article 22: This article ensures that all citizens have equal access to public offices and the civil service, regardless of their religion.
  • Article 25: This article guarantees equal citizenship and rights to all citizens of Pakistan, regardless of their religion, race, caste or sex.
  • Article 36: This article ensures that those other than Muslims also have the right to freely profess and practice their religion and establish and maintain their places of worship.
  • Article 37: This article guarantees that the state shall promote and protect the rights of minorities, including their culture, language and religion.
  • Article 38: This article ensures that the state shall provide special safeguards to minorities and take measures to protect their legitimate interests.

These provisions have been designed to safeguard the rights of all citizens, including those belonging to minority groups. In reality, however, there are numerous obstacles to the effective implementation of these constitutional provisions. The following discourse will look at some of the major issues experienced by minorities in Pakistan.

Despite constitutional provisions intended to safeguard minority rights in Pakistan, the minorities continue to experience discrimination, marginalization and persecution. To share some examples of how these difficulties manifest in various aspects of living, minority students are frequently subjected to discrimination and harassment in schools, which can result in poorer educational attainment. Textbooks and curricula can also be discriminatory in some instances, perpetuating negative stereotypes and marginalizing minority cultures. Minorities frequently experience job discrimination which can limit the possibilities of career advancement and economic prosperity. Discrimination in the workplace can take many forms, including discriminatory hiring practices, unequal compensation and workplace harassment. Minority communities are frequently subjected to political marginalization which can limit their ability to engage in politics and have their opinions heard. Discriminatory election laws, gerrymandering and the exclusion of minority representatives from government posts are examples of this. Minority groups in Pakistan are frequently the targets of violence and persecution perpetrated by both state and non-state actors. Hate crimes, mob violence, extrajudicial killings and targeted assaults on minority places of worship are all examples of this.

While Pakistan’s constitutional provisions to safeguard minority rights are undoubtedly a step in the right direction, there are several reasons why they may be insufficient in addressing the challenges experienced by the minorities. Despite constitutional protections for minorities, these clauses are frequently ignored in practice. This is due to a variety of factors, including corruption, a lack of rule of law and the lack of political will to defend minority rights. Some critics contend that the Constitution‘s provisions regarding minority rights are too narrow in scope and do not adequately safeguard minority communities. For example, while Article 36 of the Constitution guarantees the right to religious freedom, it only pertains to “non-Muslims”, leaving the rights of Muslim minorities unprotected. Other laws and practices in Pakistan also sometimes contradict the constitutional provisions pertaining to the liberties of minorities. Blasphemy laws, for example, which criminalize the insult of religion, have often been misused to target religious minorities, essentially nullifying their constitutional rights to religious freedom. Despite constitutional guarantees prescribing equal representation, minority groups are frequently underrepresented in government and other places of power, making it difficult for them to advocate for their rights and interests.

These are just a few examples of why Pakistan’s constitutional provisions intended to protect minority rights may be insufficient in addressing the challenges experienced by the minorities. It is critical to recognize that these challenges are caused not only by inadequate constitutional safeguards but also by wider societal attitudes and power dynamics. The following discussion will look at potential solutions to these problems and make recommendations for how Pakistan can better safeguard the rights of its minority communities.

There are several potential solutions to the problems that minorities experience in Pakistan. One of the most serious issues confronting minorities in Pakistan is the failure to implement existing laws and protections. To address this, the government could take measures to strengthen the rule of law, such as by increasing the judiciary’s independence and efficacy, reforming the police and cracking down on corruption. Pakistan could also implement legal reforms to enhance the protection of minority rights, for example, by amending the Constitution to expand the scope of minority community protections, or reforming and streamlining blasphemy laws to ensure that they are not misused to discriminate against religious minorities.

Several policy changes could also help address the challenges that minorities experience in Pakistan. Affirmative action programs, for example, could be implemented by the government to increase minority community participation in government and other positions of power. Furthermore, the government could invest in anti-discrimination and anti-tolerance education and awareness initiatives. A variety of social interventions may also be effective in addressing the underlying attitudes and beliefs that lead to discrimination against minority groups. Civil society groups, for example, could work to promote interfaith dialogue and understanding or conduct community-based interventions to promote tolerance and inclusivity.

All of these solutions would necessitate the government’s and civil society’s continued political will and commitment as well as the appropriate resources and investment. If implemented properly, they can make a significant impact in protecting the rights and promoting the well-being of Pakistan’s minority communities.

Ultimately, it is obvious that the protection of minority rights in Pakistan’s Constitution is a critical problem which requires more attention and action. While constitutional provisions exist to protect minority groups, these safeguards are frequently ineffective in practice and fail to address the systemic discrimination and marginalization experienced by minorities in Pakistan. Pakistan must take concrete measures to address these challenges, such as by strengthening the rule of law, implementing legal and policy changes and investing in social interventions. The government and civil society must collaborate to ensure that minority communities are adequately represented and that their rights are upheld in reality, not just on paper. The protection of minority rights is essential not only for justice and human rights but also for social stability and economic development. A society which fails to safeguard its minority groups risks perpetuating violence and discrimination while also limiting the full potential of all its citizens. It is our collective responsibility to work towards a more inclusive and equitable society in Pakistan, where all citizens are treated with dignity and respect and have equal opportunities to thrive and contribute to their communities, regardless of ethnicity, religion or other characteristics.

References

  1. Wirsing, R. (1981). The Baluch Frontier Tribes of Pakistan, pp. 271-312, 309, in: Wirsing, R. (ed.), Comparative Perspectives Protection of Ethnic Minorities. New York: Pergamon Press.
  2. Pakistan Penal Code: http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html
  3. PLD 1991FSC 10 (Ismail Qureshi vs the Government of Pakistan)
  4. UN Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Addendum: Mission to Pakistan, 4 April 2013, A/HRC/23/43/Add.2, paras 56-61: http://www.refworld.org/docid/51b9a0794.html
  5. FIDH report “In Mala Fide”, 2005, pp. 33-34: https://www.fidh.org/en/asia/pakistan/IN-MALA-FIDE-Freedoms-of
  6. Concluding observations on the fourth periodic report of Pakistan, UN Committee on the Elimination of Discrimination against Women, CEDAW/C/PAK/CO/4, 27 March 2013, para 37: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/
  7. “Bills to increase minority seats tabled”, Dawn, 29 January 2014: http://www.dawn.com/news/1083494
  8. “Minorities face disappointment”, The Express Tribune, 13 November 2014: http://tribune.com.pk/story/790338/minoritiesface-disappointment/
  9. Constitution of the Islamic Republic of Pakistan.
  10. UN Human Rights Council, Report of the Special Rapporteur on the independence of judges and lawyers, Addendum : Mission to Pakistan, 4 April 2013, A/HRC/23/43/Add.2, paras 52-54: http://www.refworld.org/docid/51b9a0794.html
  11. UN Committee on the Rights of the Child Concluding Observations on Pakistan (CRC/C/PAK/CO/3-4), 2 October 2009, para 80-81: http://www2.ohchr.org/english/bodies/crc/docs/co/CRC-C-PAK-CO4.pdf

The views expressed in this article are those of the author and do not necessarily represent the views of CourtingTheLaw.com or any other organization with which he might be associated.

Hamza Haroon

Author: Hamza Haroon

The writer is a graduate of the University of London International Programmes and an Associate at Shujra, Farooq and Hashmi. He has completed his O/A Levels from the Middle East, participated in and adjudicated multiple moot court competitions and pursued various research positions and internships.