Is this a turning point for Pakistan's blasphemy laws?

The case of Rimsha Masih could be a watershed moment in the struggle for religious toleration.

The case of Rimsha Masih, a 14-year-old Christian girl with Downs syndrome from the impoverished Mehrabadi district in Islamabad may yet have resolution. An iman, who planted pages of the Koran in the bag of paper she was carrying, and for which she was charged with blasphemy, was arrested on Sunday. He was brought into police custody when his deputy Maulvi Zubair and two others told the magistrate that he had tampered with the girl’s bag because this was a “way of getting rid of Christians”.

The attack on one of Pakistan’s frightened minorities has galvanised the liberal English-language media. There is expectation that the case may be a turning point.  “don't lose hope. Blasphemer Imam case has changed the course of discourse,” one Lahori tweeted this week. Paul Bhatti, the only Christian cabinet minister, whose brother Shahbaz Bhatti, then minister for minorities, was gunned down by extremists in March 2011, has spoken of the deputy iman’s speaking out as a  “good omen” and that it will be significant in future prevention of abuse of Pakistan’s strict laws on blasphemy. In Express Tribune, one of the country’s leading clerics, the chairman of the All Pakistan Ulema Council stated that the case of Rimsha should be a watershed for the country’s blasphemy laws.

However, behind the symbolism of an unreformed blasphemy law - brought in by the British in 1860, expanded in 1927 and given political Islamisation by the military and General Zia between 1980 and 1986 -  lie more complicated issues. The British decision to partition the subcontinent along lines of religion in 1947 brought violence, bloodshed and massacre. Jinnah intended Pakistan as a secular administrative state where religion would not be divisive and minorities would be free to practise their faith. Yet its existence was born of religious identity; the country’s over-hasty creation by lines on a map resulted in migration and violence on a scale still not fully assimilated.

From the 1950s, as the military and fledgling civilian democracy struggled for grasp of Pakistan’s future, religious issues refused to go away. Very early on the Ahmedi community was sidelined as not being properly Islamic. Those in the Christian community were assigned low-caste roles as sweepers, waste and sewerage disposers. Hindus, who numbered 16 per cent of Pakistan’s population in 1947, were kept tied to the land, bonded labour effectively, the only compensation being a deep feeling of belonging and identity with the lands they had worked for thousands of years. The minorities were not able, as they had been in the pre-1947 subcontinent, to live side by side and in peace with their neighbours. 

By the 1970s, the rise of the oil-rich Gulf and a complicated melange of geo-strategic players, which included Soviet Russia and the US, would see their position in Pakistan’s state further undermined. As Dr Mubashir Hassan, nuclear scientist and co-founder of the PPP with Zulfikar Bhutto in 1967, confirmed at the end of August talking on ZemTv, Bhutto declared Ahmedis non-Muslim in the 1970s as a political stunt under Saudi (Sunni) pressure.

When the Saudis openly backed and funded Zia’s military regime in the 1980s, things worsened. In 1984, the Ahmedi community was legally outlawed as Muslims and not allowed to call their places of worship mosques. Saudi Arabia and Washington matched each other dollar for dollar to fund the Sunni mujahideen in Afghanistan against the Soviets. The Pakistan military played a double game and it spilled over into Pakistan in the backing of jihadist groups and militant clerics who acted, rather like the sixteenth century right-wing religious Spanish Inquisition (Tribunal del Santo Oficio de la Inquisición), as an unofficial police service of state and psychological and actual terroriser. 

In the last ten years with Saudi Arabia still calling the tune with the Pakistan military and any civilian government unable to legislate effectively, persecution of the Shia, Ahmedi, Christian and Hindu minorities has increased. It is against a background of hatred, contempt and intolerance of non-Sunni Pakistanis which extends to the school curricula and is matched by the military’s Urdu television output. This isn’t new, it goes back decades.

But since 2010, when minorities were routinely discriminated against for aid during the floods, the military’s intolerance of minorities has accelerated. Salmaan Taseer, former governor of Punjab and Shahbaz Bhatti, the Christian minister for minorities were assassinated for standing up for a tolerant, pluralistic Pakistan in which the blasphemy law could not be misused. This year there have been massacres of Shia pilgrims in Balochistan and Gilgit and, after the attack on their Lahore places of worship in 2010, in which 94 members of the Ahmadiyya community were brutally gunned down, constant harassment of the Ahmedi and Christian communities.

In Sindh, the Hindu population have been under real pressure from Islamisation. Aleem Maqbool, the BBC’s Islamabad correspondent, tweeted in September 2011 “seeing many minority hindus affected by floods in pakistan living on roads scared of going to camps run by islamist parties”. Forced conversions and intimidation are forcing many Hindus to leave lands they have occupied for thousands of years as this article  in Lahore’s Friday Times detailed in March. “You cannot understand how much we love this land,” Ajeet Kumar said. “We have been living here for millennia and are among its indigenous people. This is our land and its people are our people. We are Sindhis and have never discriminated on the basis of religion. But due to the constant fear of abductions, we are leaving Pakistan and Sindh.” In south Punjab, too, as this report this week  shows, just weeks after the 65 year anniversary of Independence, Hindus are again making the journey over the border to India.

For the Christian community of Islamabad, Rimsha’s case may at least be a turning point. The blasphemy law is often misused to settle personal vendettas. The clerics were prepared to tell the truth about the iman. The judiciary may yet do its job properly on this issue. The media has a better record of holding the institutions of state to account. It will keep working on this and not let go.

In sixteenth century Spain, the Inquisition was funded directly by the monarchy to impose orthodoxy, terrorise minorities, collect information, seize property, enforce blasphemy laws, ban books and force conversions. Between 1560 and 1700, there were trials and imprisonments on an industrial scale, just short of 50,000. Torture is estimated to have taken place in just two per cent of cases but the fear it engendered effectively did its work for it in terrorising non-orthodox communities. What eventually did for the Inquisition was geopolitics - the decline of Spain as an aggressive power - and the eighteenth century European enlightenment, which is to say reason, scientific inquiry, political theory and arts.

Catriona Luke is a freelance writer and editor.

Activists of the National Christian Party shout slogans in support of Rimsha Masih. Photograph: Getty Images.
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The 11 things we know after the Brexit plan debate

Labour may just have fallen into a trap. 

On Wednesday, both Labour and Tory MPs filed out of the Commons together to back a motion calling on the Prime Minister to commit to publish the government’s Brexit plan before Article 50 is triggered in March 2017. 

The motion was proposed by Labour, but the government agreed to back it after inserting its own amendment calling on MPs to “respect the wishes of the United Kingdom” and adhere to the original timetable. 

With questions on everything from the customs union to the Northern Irish border, it is clear that the Brexit minister David Davis will have a busy Christmas. Meanwhile, his declared intention to stay schtum about the meat of Brexit negotiations for now means the nation has been hanging off every titbit of news, including a snapped memo reading “have cake and eat it”. 

So, with confusion abounding, here is what we know from the Brexit plan debate: 

1. The government will set out a Brexit plan before triggering Article 50

The Brexit minister David Davis said that Parliament will get to hear the government’s “strategic plans” ahead of triggering Article 50, but that this will not include anything that will “jeopardise our negotiating position”. 

While this is something of a victory for the Remain MPs and the Opposition, the devil is in the detail. For example, this could still mean anything from a white paper to a brief description released days before the March deadline.

2. Parliament will get a say on converting EU law into UK law

Davis repeated that the Great Repeal Bill, which scraps the European Communities Act 1972, will be presented to the Commons during the two-year period following Article 50.

He said: “After that there will be a series of consequential legislative measures, some primary, some secondary, and on every measure the House will have a vote and say.”

In other words, MPs will get to debate how existing EU law is converted to UK law. But, crucially, that isn’t the same as getting to debate the trade negotiations. And the crucial trade-off between access to the single market versus freedom of movement is likely to be decided there. 

3. Parliament is almost sure to get a final vote on the Brexit deal

The European Parliament is expected to vote on the final Brexit deal, which means the government accepts it also needs parliamentary approval. Davis said: “It is inconceivable to me that if the European Parliament has a vote, this House does not.”

Davis also pledged to keep MPs as well-informed as MEPs will be.

However, as shadow Brexit secretary Keir Starmer pointed out to The New Statesman, this could still leave MPs facing the choice of passing a Brexit deal they disagree with or plunging into a post-EU abyss. 

4. The government still plans to trigger Article 50 in March

With German and French elections planned for 2017, Labour MP Geraint Davies asked if there was any point triggering Article 50 before the autumn. 

But Davis said there were 15 elections scheduled during the negotiation process, so such kind of delay was “simply not possible”. 

5. Themed debates are a clue to Brexit priorities

One way to get a measure of the government’s priorities is the themed debates it is holding on various areas covered by EU law, including two already held on workers’ rights and transport.  

Davis mentioned themed debates as a key way his department would be held to account. 

It's not exactly disclosure, but it is one step better than relying on a camera man papping advisers as they walk into No.10 with their notes on show. 

6. The immigration policy is likely to focus on unskilled migrants

At the Tory party conference, Theresa May hinted at a draconian immigration policy that had little time for “citizens of the world”, while Davis said the “clear message” from the Brexit vote was “control immigration”.

He struck a softer tone in the debate, saying: “Free movement of people cannot continue as it is now, but this will not mean pulling up the drawbridge.”

The government would try to win “the global battle for talent”, he added. If the government intends to stick to its migration target and, as this suggests, will keep the criteria for skilled immigrants flexible, the main target for a clampdown is clearly unskilled labour.  

7. The government is still trying to stay in the customs union

Pressed about the customs union by Anna Soubry, the outspoken Tory backbencher, Davis said the government is looking at “several options”. This includes Norway, which is in the single market but not the customs union, and Switzerland, which is in neither but has a customs agreement. 

(For what it's worth, the EU describes this as "a series of bilateral agreements where Switzerland has agreed to take on certain aspects of EU legislation in exchange for accessing the EU's single market". It also notes that Swiss exports to the EU are focused on a few sectors, like chemicals, machinery and, yes, watches.)

8. The government wants the status quo on security

Davis said that on security and law enforcement “our aim is to preserve the current relationship as best we can”. 

He said there is a “clear mutual interest in continued co-operation” and signalled a willingness for the UK to pitch in to ensure Europe is secure across borders. 

One of the big tests for this commitment will be if the government opts into Europol legislation which comes into force next year.

9. The Chancellor is wooing industries

Robin Walker, the under-secretary for Brexit, said Philip Hammond and Brexit ministers were meeting organisations in the City, and had also met representatives from the aerospace, energy, farming, chemicals, car manufacturing and tourism industries. 

However, Labour has already attacked the government for playing favourites with its secretive Nissan deal. Brexit ministers have a fine line to walk between diplomacy and what looks like a bribe. 

10. Devolved administrations are causing trouble

A meeting with leaders of Scotland, Wales and Northern Ireland ended badly, with the First Minister of Scotland Nicola Sturgeon publicly declaring it “deeply frustrating”. The Scottish government has since ramped up its attempts to block Brexit in the courts. 

Walker took a more conciliatory tone, saying that the PM was “committed to full engagement with the devolved administrations” and said he undertook the task of “listening to the concerns” of their representatives. 

11. Remain MPs may have just voted for a trap

Those MPs backing Remain were divided on whether to back the debate with the government’s amendment, with the Green co-leader Caroline Lucas calling it “the Tories’ trap”.

She argued that it meant signing up to invoking Article 50 by March, and imposing a “tight timetable” and “arbitrary deadline”, all for a vaguely-worded Brexit plan. In the end, Lucas was one of the Remainers who voted against the motion, along with the SNP. 

George agrees – you can read his analysis of the Brexit trap here

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.