The Kafkaesque reality of Pakistan's blasphemy laws

Sherry Rehman, Pakistan’s ambassador to the US, is under police investigation for alleged blasphemy after making the case on television for the law to be re-examined and for the death penalty to be removed.

In Franz Kafka’s novel, The Trial, the protagonist Josef K. is unexpectedly arrested by two unidentified agents from an unspecified agency for an unspecified crime. For the duration of the story, neither Josef nor the reader knows what he is supposed to have done, even when he is eventually killed for his crime.

The situation surrounding Pakistan’s controversial blasphemy laws is not dissimilar. The law means that anyone found guilty of defaming the Prophet Muhammed can be sentenced to death. Many facing such accusations have been forced into hiding or killed by mobs before they even stand trial.

Blasphemy laws in and of themselves are not unusual: many countries across the world have legislation which restricts what one can say about religion. The problem in Pakistan comes from the exceptionally harsh penalties, and the light burden of proof. The law sets out no guidance on what constitutes blasphemy, no standards for evidence, no requirement to prove intent, and no safeguards to punish those who make false allegations. This means that, essentially, the standard for blasphemy is whatever offends the accuser. As such, it is frequently used to persecute minorities or settle personal vendettas.

Witnesses can refuse to repeat the alleged blasphemy in court, in case they themselves become culpable. There have been stories of judges refusing to hear evidence defending the accused for fear of offending religious zealots. Blasphemy is a non-compoundable crime, meaning that cases cannot be settled out of court. Once a charge is filed, it is difficult for the case to be quashed, and the accuser cannot simply drop charges. It is not unthinkable that someone could be accused of blasphemy and sentenced to death without ever being told exactly what they are meant to have said and thus being unable to disprove it. Suddenly, Kafka’s Josef F doesn’t seem quite so surreal.

That blasphemy laws are a serious impediment to freedom of speech goes without saying. But the extent to which this is true has been highlighted yet again in recent days, with the news on 21 February that Sherry Rehman, Pakistan’s ambassador to the US, is under police investigation over allegations of blasphemy.

The basic facts of the case are as follows. In late 2010, before Rehman had been posted to the US, she lodged a private members' bill seeking to abolish the death penalty for blasphemy after Aasia Bibi, a Christian woman, was sentenced to death. Two other politicians who were campaigning for a change to the law were murdered soon afterwards. Salman Taseer was shot in January 2011, and Shahbaz Batti in March 2011. Blasphemy reform was shelved soon afterwards.

On 30 November 2010, before Rehman’s private members' bill had been thrown out, she appeared on Dunya TV’s news programme, Dunya Meray Aagay. She repeated her calls for the law to be re-examined and for the death penalty to be removed. Remarks she made on the show prompted Muhammad Faheem Akhtar Gill, a marble dealer in Multan, to lobby police to register a case against her for blasphemy. After nearly three years of persuasion, his efforts have been successful, and the police have started an investigation under the orders of the Supreme Court. Given the aforementioned problems with the blasphemy legislation, the media cannot report what Rehman is supposed to have said, in case newspapers fall foul of the law. People are clearly curious: a Google search for “Sherry Rehman - what did she say” yields 21,800 results.

That a lawmaker should face a criminal investigation for discussing a parliamentary matter is, once again, Kafkaesque. The law of parliamentary privilege applies in Pakistan. It gives members of parliament legal immunity for actions done or statements made in the course of their legislative duties. The idea underpinning this law is that parliamentary business shouldn’t be impeded by restrictions on free speech. In the United Kingdom, where libel laws are the biggest drag on free speech, MPs cannot be censured for defamatory statements made while they are in the Houses of Parliament. Given that blasphemy laws are arguably the most significant restriction on free speech in Pakistan, it would not be unreasonable to expect a similar immunity.

Of course, parliamentary privilege covers lawmakers while they are actually in parliament – and when Rehman was speaking to Dunya TV, she clearly was not in the parliament building. But the fundamental fact remains: the blasphemy reform bill was passing through the legislature and a lawmaker is now facing charges for discussing it. A crucial part of a functioning democracy is the ability to openly and publicly debate significant legislative changes before they are passed into the statute book. If proposed legal changes cannot be openly discussed without politicians facing prosecution, it has serious ramifications for the very functioning of the Pakistani state. It is the public that will suffer if laws and policies can’t be debated and scrutinised.

The blasphemy law has created and facilitated a culture of vigilantism. As soon as someone has been accused of blasphemy, they live under the threat of death. When the young Christian girl Rimsha Masih was falsely accused of blasphemy last year, her family was forced into hiding. According to the Islamabad-based Centre for Security Studies, at least 52 people accused of blasphemy have been killed since 1990. Many die at the hands of angry mobs before they are convicted. Given this high threat of violence, it is perhaps unsurprising that politicians are afraid to touch blasphemy law.

In Pakistan, as in my countries across the world, those who shout the loudest end up wielding the most power. Unfortunately, extremist or conservative elements are more than capable of invoking religion to stir up mass outrage and violence. There is no doubt that this has had a chilling effect on free speech across the board; campaigners working in areas from women’s rights to internet censorship can find themselves dismissed as blasphemers or immoral people, and facing the associated backlash.

Politicians should not be above the law (a particularly sore point given recent corruption allegations), but nor should they be penalised for doing their jobs. A situation where the reform of a particular law cannot be discussed in case the discussion itself breaks that law is worthy of a Kafka story, but not of a healthy and functioning state.

 

Sherry Rehman, who was appointed Pakistan's ambassador to the US on 23 November 2011. Photograph: Getty Images

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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Air pollution: 5 steps to vanquishing an invisible killer

A new report looks at the economics of air pollution. 

110, 150, 520... These chilling statistics are the number of deaths attributable to particulate air pollution for the cities of Southampton, Nottingham and Birmingham in 2010 respectively. Or how about 40,000 - that is the total number of UK deaths per year that are attributable the combined effects of particulate matter (PM2.5) and Nitrogen Oxides (NOx).

This situation sucks, to say the very least. But while there are no dramatic images to stir up action, these deaths are preventable and we know their cause. Road traffic is the worst culprit. Traffic is responsible for 80 per cent of NOx on high pollution roads, with diesel engines contributing the bulk of the problem.

Now a new report by ResPublica has compiled a list of ways that city councils around the UK can help. The report argues that: “The onus is on cities to create plans that can meet the health and economic challenge within a short time-frame, and identify what they need from national government to do so.”

This is a diplomatic way of saying that current government action on the subject does not go far enough – and that cities must help prod them into gear. That includes poking holes in the government’s proposed plans for new “Clean Air Zones”.

Here are just five of the ways the report suggests letting the light in and the pollution out:

1. Clean up the draft Clean Air Zones framework

Last October, the government set out its draft plans for new Clean Air Zones in the UK’s five most polluted cities, Birmingham, Derby, Leeds, Nottingham and Southampton (excluding London - where other plans are afoot). These zones will charge “polluting” vehicles to enter and can be implemented with varying levels of intensity, with three options that include cars and one that does not.

But the report argues that there is still too much potential for polluters to play dirty with the rules. Car-charging zones must be mandatory for all cities that breach the current EU standards, the report argues (not just the suggested five). Otherwise national operators who own fleets of vehicles could simply relocate outdated buses or taxis to places where they don’t have to pay.  

Different vehicles should fall under the same rules, the report added. Otherwise, taking your car rather than the bus could suddenly seem like the cost-saving option.

2. Vouchers to vouch-safe the project’s success

The government is exploring a scrappage scheme for diesel cars, to help get the worst and oldest polluting vehicles off the road. But as the report points out, blanket scrappage could simply put a whole load of new fossil-fuel cars on the road.

Instead, ResPublica suggests using the revenue from the Clean Air Zone charges, plus hiked vehicle registration fees, to create “Pollution Reduction Vouchers”.

Low-income households with older cars, that would be liable to charging, could then use the vouchers to help secure alternative transport, buy a new and compliant car, or retrofit their existing vehicle with new technology.

3. Extend Vehicle Excise Duty

Vehicle Excise Duty is currently only tiered by how much CO2 pollution a car creates for the first year. After that it becomes a flat rate for all cars under £40,000. The report suggests changing this so that the most polluting vehicles for CO2, NOx and PM2.5 continue to pay higher rates throughout their life span.

For ClientEarth CEO James Thornton, changes to vehicle excise duty are key to moving people onto cleaner modes of transport: “We need a network of clean air zones to keep the most polluting diesel vehicles from the most polluted parts of our towns and cities and incentives such as a targeted scrappage scheme and changes to vehicle excise duty to move people onto cleaner modes of transport.”

4. Repurposed car parks

You would think city bosses would want less cars in the centre of town. But while less cars is good news for oxygen-breathers, it is bad news for city budgets reliant on parking charges. But using car parks to tap into new revenue from property development and joint ventures could help cities reverse this thinking.

5. Prioritise public awareness

Charge zones can be understandably unpopular. In 2008, a referendum in Manchester defeated the idea of congestion charging. So a big effort is needed to raise public awareness of the health crisis our roads have caused. Metro mayors should outline pollution plans in their manifestos, the report suggests. And cities can take advantage of their existing assets. For example in London there are plans to use electronics in the Underground to update travellers on the air pollution levels.

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Change is already in the air. Southampton has used money from the Local Sustainable Travel Fund to run a successful messaging campaign. And in 2011 Nottingham City Council became the first city to implement a Workplace Parking levy – a scheme which has raised £35.3m to help extend its tram system, upgrade the station and purchase electric buses.

But many more “air necessities” are needed before we can forget about pollution’s worry and its strife.  

 

India Bourke is an environment writer and editorial assistant at the New Statesman.