Oct 9, 2024 | news
OSCE-PAKISTAN: Why shouldn’t the Ahmadi Muslim asylum-seekers be deported from Europe to Pakistan?
Speech of Human Rights Without Frontiers at a side-event organized by CAP/ Liberté de Conscience at the OSCE Warsaw Human Dimension Conference
Willy Fautré, director of Human Rights Without Frontiers
HRWF (09.10.2024) – The Ahmadiyya Muslim Community in Pakistan is enduring an alarming rise in violence and systemic persecution in 2024, with a disturbing trend of targeted murders, desecration of mosques and graves, and the continued denial of basic civil rights.
This year, up to July 2024 alone, four Ahmadi Muslims have been brutally murdered in religiously motivated attacks
March: Killing of Tahir Iqbal, the president of the local Ahmadiyya Muslim Community in Bahawalpur, who was gunned down by motorcyclists.
June: A 16-year-old madrassa student murdered two Ahmadi men, Ghulam Sarwar and Rahat Ahmad Bajwa, in separate incidents in Mandi Bahauddin, citing religious motives.
July: The violence continued when Zaka ur Rehman, a 53-year-old dentist, was shot dead in his clinic in Lala Musa, Gujrat.
These heinous acts reflect the extreme vulnerability of the Ahmadiyya Muslim Community, who are routinely targeted for their faith, with little accountability for the perpetrators.
Ahmadis in prison
According to USCIRF Database of religious prisoners, 14 Ahmadis have been in prison for several years, on two main charges:
Blasphemy charges: 8
Posing as Muslims (Sacrificing animals on the Eid Holiday): 6
In June 2024: Across Pakistan more than 30 Ahmadis were arrested – including a 13 year old boy – for celebrating the Islamic festival of Eid.
Malik Usman Ahmad is detained for blasphemy .
On September 29, 2020, authorities arrested Ahmad after accusing him of sharing perceived blasphemous materials. He was charged with several offenses, including “inciting interfaith hatred” (Sec. 11 Prevention of Electronic Crimes Act, 2016), “desecrating the Qur’an” (Sec. 295-B PPC), and “posing as Muslim” (Sec 298-C PPC).
On June 29, 2021, the trial court added “intending to outrage religious feelings” (Sec. 295-A PPC) and “insulting the Prophet Muhammad” (Sec. 295-C PPC) to the charges against Ahmad.
In October 2023, the UN Working Group on Arbitrary Detention released an opinion on Ahmad’s detention, calling for his immediate release.
Mukhtar Ahmad is detained for posing as Muslim
On July 10, 2022, police in Faisalabad arrested Ahmad and other Ahmadis for sacrificing animals on the Eid-ul-Adha holiday. They were charged with “posing as Muslim”.
Blasphemy and death penalty
18 Christians (4 are on the death row)
16 Muslims (8 are on the death row)
1 Hindu
Statistics 2023
Mosque attacks
In 2023, Pakistan witnessed 44 attacks on Ahmadi mosques, many of which were carried out by the authorities themselves:
- 21 minarets demolished
- 2 arson attacks
- 5 kalima removed
- 7 Mehrab Demolized
- 6 mob attacks
Police cases
In a troubling trend, 13 faith-based criminal cases were initiated against Ahmadis in Pakistan in 2023
Human rights abuses against Ahmadis during Eid Festival
- 23 complaints against Ahmadis for carrying out the Eid sacrifice
- 13 Ahmadis formally accused in six cases
- 10 sacrificial animals illegally seized
- 89 Ahmadis harassed by the police
But Ahmadis can be arrested and prosecuted on many more charges.
Longstanding human rights violations
- Ahmadis are not allowed to identify themselves as Muslims. They are forced to declare themselves non-Muslims in order to obtain a national identity card or a Pakistani passport, which contradicts their religious beliefs and impinges on their right to self identify
- Ahmadis are prohibited from publishing the Quran and its translation
- The entire written works of the founder of the Ahmadiyya Community remain banned in the Punjab province
- Multiple community magazines, periodicals and newsletters are banned in Punjab, including a magazine for children
- Ahmadi TV channels remain banned in Pakistan
- Ahmadis continue to be prohibited from holding their annual conference in their headquarters of Rabwah, as well as other public gatherings and events. The last one held in Pakistan was in December 1983, with 250,000 participants in attendance
- Ahmadis are not allowed to participate in national and local elections due to discriminatory laws and regulations that specifically target and exclude them from the electoral process
- Several denationalized Ahmadi educational institutes have not been returned to the community due to ongoing discriminatory policies and reluctance of authorities to restore their ownership rights
OSCE-PAKISTAN: Why shouldn’t the Ahmadi Muslim asylum-seekers be deported from Europe to Pakistan?
WARSAW HUMAN DIMENSION CONFERENCE side event: Why shouldn’t the Ahmadi Muslim asylum-seekers be deported from Europe to Pakistan?
Oct 9, 2024 | news
Submission to 024 WARSAW HUMAN DIMENSION CONFERENCE (OSCE) side event on the Situation of the Ahmadiyya Muslim Community in Europe:
Focus on Deportation to Pakistan
Introduction
The Ahmadiyya Muslim Community has long faced systemic persecution and violence, particularly in Pakistan. Despite Pakistan being a signatory to international human rights instruments, the state has codified religious discrimination against Ahmadis into its constitution and legal frameworks, most notably through the Second Amendment of 1974, which declared Ahmadis as non-Muslims, and Ordinance XX of 1984, which criminalized their religious practices. As a result, Ahmadis in Pakistan live under constant threat of violence, imprisonment, and societal exclusion. The United Nations (UN), through its eligibility guidelines and various human rights bodies, has repeatedly affirmed that Ahmadis fleeing persecution in Pakistan qualify as refugees under international law.
Within Europe, and particularly in countries such as Germany, Sweden, and others under the purview of the OSCE, Ahmadi asylum seekers continue to face legal challenges regarding their refugee status. Deporting Ahmadis back to Pakistan, where they face well-documented persecution, is not only a violation of international human rights norms but also contradicts the fundamental values upon which the OSCE is built. This submission seeks to outline the challenges faced by Ahmadis in Europe, with a focus on the untenable position of deporting them to Pakistan, and to call upon the OSCE and its participating States to uphold international legal standards and provide protection for Ahmadis.
Persecution of Ahmadis in Pakistan
The persecution of Ahmadis in Pakistan is well-established and widely recognized by human rights organizations, the United Nations, and various states. Pakistan’s Constitution and legal system deny Ahmadis basic civil and religious rights, subjecting them to state-sanctioned discrimination. Ordinance XX prohibits Ahmadis from calling themselves Muslims, identifying their places of worship as mosques, or engaging in any form of Islamic practice. Violating these provisions often leads to charges of blasphemy, a crime that carries the death penalty in Pakistan. In addition, Ahmadis are frequently targeted by extremist groups, face mob violence, and suffer from social ostracism, all while the state either remains complicity or fails to provide adequate protection.
In this environment, it is nearly impossible for Ahmadis to live freely or practice their religion without fear. The UN’s guidelines on refugee status determination for Ahmadis clearly recognize that individuals belonging to this community have a “well-founded fear of persecution,” making them eligible for asylum under the 1951 Refugee Convention. The UN High Commissioner for Refugees (UNHCR) has also emphasized that given the systemic nature of the persecution in Pakistan, Ahmadis should be given international protection rather than being forced to return to a hostile environment.
The Situation of Ahmadis in Germany and Sweden
Despite the overwhelming evidence of persecution, Ahmadi asylum seekers in Europe, particularly in Germany and Sweden, continue to face legal hurdles and the risk of deportation back to Pakistan. Both countries have seen growing numbers of Ahmadi refugees in recent years, but inconsistencies in asylum procedures, lack of understanding of the specific dangers faced by Ahmadis, and bureaucratic hurdles have resulted in rejections of many asylum claims.
Germany
In Germany, the Federal Office for Migration and Refugees (BAMF) has at times rejected Ahmadi asylum claims on the basis that Ahmadis can avoid persecution in Pakistan by concealing their religious identity. This reasoning is flawed and contradicts the principles established by the UNHCR, which specifically states that requiring an individual to hide or alter their religious identity in order to avoid persecution is a violation of their fundamental human rights. Ahmadis in Germany, who have fled Pakistan seeking protection, often find themselves in legal limbo as they navigate lengthy asylum processes, facing the constant threat of deportation.
Germany’s courts have also demonstrated inconsistent approaches to Ahmadi asylum claims. While some courts recognize the risk of persecution Ahmadis face if deported to Pakistan, others have relied on outdated or inadequate assessments of the situation. This lack of consistency places the lives of many Ahmadis in jeopardy, as returning them to Pakistan would expose them to severe risks of imprisonment, violence, or even death.
Sweden
The situation in Sweden is similarly concerning. While Sweden has a long-standing reputation for offering asylum to persecuted groups, recent developments indicate a stricter approach to Ahmadi asylum claims. There have been several cases where Ahmadi asylum seekers were rejected and faced deportation back to Pakistan, despite clear evidence of persecution. The Swedish Migration Agency has, in some cases, argued that Ahmadis could relocate within Pakistan to avoid persecution, a suggestion that is not only impractical but also legally unsound given the widespread nature of anti-Ahmadi laws and societal hostility across the country.
The UNHCR and other international bodies have made it clear that internal relocation is not a viable option for Ahmadis in Pakistan, as the persecution they face is not limited to one region but is entrenched nationwide. Ahmadis face discrimination and violence regardless of where they reside in Pakistan, making relocation within the country an inadequate solution.
Deportation: A Violation of International Human Rights Norms
The deportation of Ahmadis to Pakistan is a direct violation of several international human rights standards. Article 33 of the 1951 Refugee Convention prohibits the refoulement of refugees to territories where their life or freedom would be threatened. The UNHCR has repeatedly affirmed that Ahmadis deported to Pakistan would face persecution and therefore qualify for international protection.
Furthermore, the European Convention on Human Rights (ECHR), to which OSCE participating States are bound, prohibits deportations that would expose individuals to inhumane or degrading treatment (Article 3). Deporting Ahmadis to Pakistan, where they are systematically deprived of their religious freedom and face the risk of violence and imprisonment, clearly falls within this category.
In addition to violating the non-refoulement principle, deportations of Ahmadis from European states undermine the commitments made by these countries to promote and protect human rights. The OSCE’s founding principles, enshrined in the Helsinki Final Act, emphasize respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, and belief. By deporting Ahmadis to a country where they face severe persecution, European states are not only breaching their international obligations but also eroding the OSCE’s core values.
The Role of the OSCE in Protecting Ahmadis
The OSCE has a crucial role to play in safeguarding the rights of Ahmadis in Europe and ensuring that they are not returned to Pakistan, where their safety and lives are at risk. As a regional security organization committed to upholding human rights, the OSCE should work with its participating States to ensure that asylum procedures are fair, transparent, and consistent with international legal standards.
The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) has long championed the rights of religious minorities, and its mandate extends to ensuring that states respect the right to freedom of religion or belief. The persecution of Ahmadis in Pakistan is a clear example of a state failing to protect religious freedoms, and it is incumbent upon the OSCE to ensure that its participating States do not exacerbate this persecution by deporting Ahmadis back to a hostile environment.
The UK’s Approach to Ahmadi Asylum Seekers: A Benchmark for Europe
The United Kingdom’s approach to Ahmadi asylum seekers stands as a progressive and protective model that other European states should adopt. The UK Home Office has consistently recognized the systematic persecution of Ahmadis in Pakistan, explicitly acknowledging that Ahmadis face significant and credible risks of violence, imprisonment, and discrimination due to their religious beliefs. The UK has integrated the UNHCR’s eligibility guidelines into its asylum procedures, ensuring that Ahmadi asylum claims are assessed with the understanding that they cannot safely practice their faith in Pakistan, nor can they be expected to conceal their religious identity to avoid persecution. Notably, the UK government has rejected the notion that Ahmadis could relocate internally within Pakistan to escape persecution, recognizing that the discrimination they face is pervasive and nationwide.
This principled stance has ensured that Ahmadis fleeing Pakistan are granted the protection they need, with the UK asylum system serving as a crucial lifeline for those facing threats to their lives and freedoms. The UK’s position provides a clear framework that other OSCE member states should follow. By adopting the UK’s approach, European countries can harmonize their asylum policies in line with international human rights standards, ensuring that Ahmadis are not subjected to deportation and that their well-founded fears of persecution are adequately addressed. The UK’s comprehensive understanding of the Ahmadi situation should be seen as a benchmark for the OSCE region, setting a standard that prioritizes human rights, the principle of non-refoulement.
Recommendations
- Harmonization of Asylum Procedures : The OSCE should work with participating States to ensure that asylum procedures for Ahmadis are harmonized and consistent with international refugee law, particularly the UNHCR’s eligibility guidelines for Ahmadis. This includes ensuring that the risk of persecution is properly assessed and that Ahmadis are not expected to conceal their faith in order to avoid harm.
- Training for Asylum Officials : The OSCE should encourage and support the provision of specialized training for asylum officials in Germany, Sweden, and other European countries to better understand the unique situation faced by Ahmadis in Pakistan. This would help ensure that decisions are based on an accurate understanding of the persecution faced by the community.
- Non-Refoulement Guarantees : OSCE participating States must uphold their obligations under international law, including the non-refoulement principle, and ensure that no Ahmadi is deported to Pakistan where they face a real risk of persecution. Deporting Ahmadis to Pakistan would not only violate the 1951 Refugee Convention but also the European Convention on Human Rights.
- Public Awareness Campaigns : The OSCE should support public awareness campaigns highlighting the persecution of Ahmadis in Pakistan and the need for international protection. This can help counter misconceptions about the community and foster a more supportive environment for Ahmadi refugees in Europe.
- Monitoring and Reporting : The OSCE should establish mechanisms to monitor the treatment of Ahmadi asylum seekers in Europe, ensuring that they are not subjected to discriminatory practices during the asylum process. Regular reporting on the situation of Ahmadis in Europe would help to identify gaps in protection and ensure that states remain accountable to their international commitments.
Conclusion
The persecution of Ahmadis in Pakistan is a well-documented and enduring reality. Deporting Ahmadis from Europe back to Pakistan would expose them to severe risks, including imprisonment, violence, and even death. As such, it is imperative that OSCE participating States uphold their obligations under international law and provide protection for Ahmadi asylum seekers. The OSCE, through its commitment to human rights and security, must play a leading role in ensuring that Ahmadis in Europe are not subjected to deportation and that they receive the protection to which they are entitled under international law.
By standing in solidarity with Ahmadis and ensuring their safety, the OSCE and its participating States can reaffirm their commitment to upholding the fundamental principles of human dignity, freedom, and equality.
ANNEX 1 – Introduction to the Ahmadiyya Muslim Community
The Ahmadiyya Muslim Community (the “Community”) was founded in Qadian, India in 1889 by Hazrat Mirza Ghulam Ahmad. Ahmadis believe Hazrat Mirza Ghulam Ahmad to be the Messiah and ‘Imam Mahdi’, as prophesied in Some Muslims have interpreted this as a challenge to the concept of Prophet Muhammad being the final prophet, a view which Ahmadi Muslims disagree with as Hazrat Mirza Ghulam Ahmad sought to revive the peaceful teachings of Islam rather than bring any new law or scripture. As a result of this theological difference, the Community has suffered hostility, violence and persecution from state and non-state actors since its inception, with the first murder of an Ahmadi Muslim in 1901. The Community has never retaliated and has always remained true to its philosophy of non-violence and its principle of Love for All, Hatred for None. The Community is spread throughout the world in more than 200 countries with a membership running into the tens of millions. Ahmadis consider themselves to be Muslims and believe that they observe Islamic practices.
Following the partition in India, many members of the Community migrated to Pakistan. There are an estimated 150 million more Ahmadis throughout the world with around 500,000 currently living in Their center is located in Rabwah, Jhang district in Pakistan’s Punjab province. Ahmadis have held key posts in government and the armed forces in Pakistan leading to persistent accusation from some orthodox Muslims that the Ahmadis seek to undermine Islam from within. Twice in Pakistan’s history, in 1953 and 1974, large scale agitation against the Community led to serious bloodshed. In the latter instance, over 20 Ahmadis were said to have been killed and ten of their places of worship and many houses destroyed. The Islamization policy of President Zia-ul-Haq (1977 to 1988) was accompanied with legislation progressively restricting the freedom of Ahmadis to practice their faith. Successive governments, including those of Benazir Bhutto and the current Prime Minister, Imran Khan, in spite of them professing to restore and respect human rights, have not repealed any of the laws violating the freedom of religion of Ahmadis.
In 1974, a constitutional amendment known as the Second Amendment introduced by the Government of Prime Minister Zulfikar Ali Bhutto, declared the Community a non-Muslim This move was generally interpreted as a response to pressure from orthodox Muslim groups to circumscribe the activities of the Ahmadis . The Second Amendment amended Article 260 so that it read:
“A person who does not believe in the absolute and unqualified finality of the prophet-hood of Muhammad (PBUH), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after Muhammad (PBUH), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law.”
This amendment explicitly deprived members of the Ahmadiyya Muslim Community of their Muslim For the purposes of the law, henceforth Ahmadis were considered non-Muslims.
In response to pressure from hard-liners on 26 April 1984, the final nail in the coffin sealing the fate of Ahmadi Muslims was made by General Zia ul Haq through Ordinance XX (“Ordinance Twenty”). This amended the Pakistan Penal Code and Press Publication Ordinance sections 298-B and 298-C, whereby any outward sign of practicing Islam by an Ahmadi was made a criminal offense and blasphemy – a vaguely defined term – the penalty for which could be death. Two of the five anti-blasphemy laws explicitly target, by name, the activities of Ahmadis in Pakistan. This provided a charter for harassment and orthodox clerics were empowered Scores of criminal charges have been laid against Ahmadis under the provisions of Ordinance XX, which criminalized the very existence of Ahmadis in Pakistan.
On 29 July 1991, under the government of Mian Nawaz Sharif, Section 295-C of the Pakistan Penal Code was further amended to remove the alternative punishment of imprisonment for The amendment makes the death penalty the mandatory punishment for the criminal offense of defiling the name of the Prophet Muhammad. The Ahmadis’ reference to the Prophet Mohammad is taken by orthodox Muslims to constitute defiling the name of the Prophet.
For fear of being charged with “indirectly or directly posing as a Muslim”, Ahmadis can no longer profess their faith, either verbally or in Thousands of Ahmadis have been arrested under these draconian laws and many hundreds have been murdered by extremists, emboldened by anti -Ahmadiyya laws.
Similarly, using Islamic prayers on Ahmadi wedding invitations, the offering of Ahmadi funeral prayers, and the displaying of the “Kalima” (the principal creed of a Muslim) on Ahmadi gravestones is an often-prosecuted crime and puts an Ahmadi’s life in grave danger . In addition, Ordinance XX prohibits Ahmadis from declaring their faith publicly, propagating their faith, or giving the “Adhan” (Muslim call to prayers).
Many Ahmadis have been arrested for exercising their right to freedom of religion or belief. Pakistani authorities actively or passively, either themselves or through non-state actors, routinely allow the destruction and defacing of Ahmadi mosques all over Pakistan. Ahmadis are not permitted to build new All Ahmadi publications in Punjab are now banned, and violation of this ban is classified as a terrorism-related offense.
If this was not enough, further action was taken against Ahmadis under Chief Executive Order 15, which placed Ahmadis in a separate electoral roll; in order to obtain basic official paper, one must denouncing the Ahmadi faith. This demonstrates that the State itself interferes in religious matters and makes provision for the differential and adverse treatment of
Today, due to the anti-Ahmadiyya laws, Ahmadis continue to live in fear in Pakistan. They still cannot identify themselves a Muslim. This government-sponsored persecution of Ahmadis is so pervasive that Ahmadis cannot get a Pakistani Passport or National Identity Card unless they declare that they are not Every Pakistani who applies for a passport, whether or not he is an Ahmadi, must condemn the Community as well as its founders and core beliefs in order to get a Pakistani Passport or National ID card. Moreover, every Pakistani citizen who has a Pakistan passport has signed a document declaring not only that Ahmadis are not Muslims but that they condemn the Ahmadi faith as a false religion.
12 The lack of political will to safeguard and protect the rights of Ahmadis has only become worse under successive governments, who have caved into pressure from religious elements in The inaction of law enforcement agencies in the face of violence against the Ahmadis, the reluctance of politicians to be seen publicly supporting Ahmadis and the failure of the State generally to take positive or vigorous action to take punitive action against perpetrators of violence and incitements to hatred and murder, all combine to permit a charter for the persecution of Ahmadis with impunity.
What makes the case of the Community special is that the examples cited above and below directly affect a core element of freedom of religion or belief, ie everyone’s freedom to define themselves in matters of faith and to communicate their beliefs free from discrimination and free from
Although the most extreme examples are found in Pakistan, the source, that State acts as a guide for other Muslim countries and actors who also then persecute Ahmadis in various ways and forms. Persecution against Ahmadis is, unfortunately, increasing rapidly worldwide and will continue to do so if left
In the face of ongoing abuses and the systematic persecution suffered by the Community, the international community has a responsibility clearly and loudly to speak out against and deal with the violations of freedom of religion or belief of members of the Community, wherever they
WARSAW HUMAN DIMENSION CONFERENCE side event : Why shouldn’t the Ahmadi Muslim asylum-seekers be deported from Europe to Pakistan?
Categories: Ahmadis, Ahmadis And Pakistan, Ahmadiyyat: True Islam, Asia, Pakistan, Pakistan Inter-Faith