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Extreme injustice — a legal mandate for bigotry

Why the religious persecution of minorities in Pakistan is getting worse.

Standing on a dusty street under the Karachi sun, already blazing at 9am, it strikes me that I am being rejected. I am at a Christian-run school, amongst a crowd of parents vying for appointments to secure admission for their children. The reception, if that is the word for it, is a hatch in the brick wall, behind which sits a harried looking man with a stack of papers and a phone. After wrestling my way to the front, I explain that I am here to talk to the headmaster about religious discrimination.

The man phones the headmaster's personal assistant. I explain my connection to the acquaintance that told him to expect me, and tell her that I'm researching Christians in Pakistan. After nearly 10 minutes, standing on the pavement with the phone cord pulled awkwardly out into the street, I realise that the line has gone dead and she's hung up the phone. The man behind the desk is distinctly unimpressed, given the crowd amassing behind me. Convinced the line has been accidentally cut off, I ask him to call again. The PA's tone is markedly different. "You're not the only person I'm dealing with," she snaps. "The father doesn't have time for all this."

When I speak to my acquaintance later that day, he shrugs. "Don't be offended," he says. "He is prominent so he is easily identifiable. Are you surprised he is scared to talk?"

Pakistan was conceived as a secular state with Islam as its main religion. "We have many non-Muslims -- Hindus, Christians, and Parsis -- but they are all Pakistanis," said the country's founder, Muhammad Ali Jinnah in a celebrated speech. However, in the late 1970s and 1980s, the military dictator General Zia-ul-Huq engaged in a repressive programme of 'Islamisation'. Among his actions was the introduction of a set of blasphemy laws, under which a person can face indefinite imprisonment or even the death penalty for criticising the Prophet Muhammad or the Qur'an.

The current debate is not about the existence of the law itself (many countries have blasphemy laws, as did the UK until 2008), but about the exceptionally harsh penalties and the very light burden of proof. Hardly any evidence is required - the accuser can even refuse to repeat the blasphemy in court for fear of committing the crime himself - and so the law is frequently used as a means of settling personal scores or stirring up sectarian tension.

The issue came to international attention last November, when Aasia Bibi, a Christian mother of five, was sentenced to death for "insulting the Prophet". The remarks were allegedly made after co-workers refused to share water that she had carried, on the basis that Christians are unclean. Throughout her trial, she did not have access to a lawyer.

Aasia's case was taken up by three politicians in the ruling Pakistan People's Party, who called for reform: Salman Taseer, the governor of Punjab (Pakistan's most populous state), Shahbaz Bhatti, the Minorities Minister, and Sherry Rehman, a prominent backbencher.

The consequences speak for themselves. On 4 January, Taseer was shot dead by his own bodyguard outside a coffee shop in Islamabad. On 2 March, Bhatti too was shot by assassins from the Pakistani Taliban. Rehman is living in semi-hiding in fear for her life. And on 2 February, soon after Taseer was killed, the prime minister, Yousuf Raza Gilani, told his government that he would not touch the law and that all reform would be shelved: "We are all unanimous that nobody wants to change the law."

It is easy to see why people might be afraid to speak out in favour of change. Taseer's daughter Shehrbano is a recent graduate working as a journalist for Newsweek in Lahore. "Very few people condemned my father's murder," she tells me when we speak on the phone. "Everyone was so petrified that they'd be next. That's how terrorists operate. The night that my father died, I thought, OK, this is going to be a huge watershed moment in the history of Pakistan. But the complete opposite happened. We went ten steps back."

This anger at the government's handling of the assassinations is shared by many. "I feel very strongly about it, of course I do. But I won't say anything because I don't want to get shot," a diplomat tells me. "Even my servants could betray me. It was his bodyguard - a servant - who shot him."

There is a real sense of fear among the ruling classes. One evening, a PPP former minister tells me that he hates the idea of having an armed guard and drives himself everywhere - but keeps this fact to himself, and makes sure to take different routes and not to travel at the same time every day.

Caste out

About 96 per cent of Pakistan's population is Muslim. However, the 4 per cent minority of Christians, Hindus and Islamic sects such as the Ahmadis (regarded as non-Muslims) translates to nearly ten million people, the equivalent of the population of Tunisia.

Well before the Taliban became a political force in the country, minorities faced serious social discrimination. I speak to Sujawal Massey, a Christian man who works as a sweeper - one of the lowest-status jobs there is. Aware of his position in this acutely class-bound society, he does not sit down, but hovers awkwardly as we talk in the living room of the lavish house where he works, looking at the floor except when spoken to.

He tells me it is difficult to find work. "They don't let us move ahead. We get no chances. If they know you're a Christian they say: there's no room here for you."

I ask what impact this has on a day-to-day level. "If we end up somewhere where there are Muslims, we're in trouble if they discover we're Christian," he says. "We don't tell them we're Christian in the market, because they won't give us anything. They won't even let us drink from a glass."

His employer tells me that while she insists that he is fed with the other servants (most of whom live in quarters in the house) many of her friends do not do the same for Christian members of staff. She keeps separate utensils for him to eat with, because her Muslim servants are unwilling to share theirs with him.

The reluctance to share water was also central to the Aasia Bibi case. "It is a carry-over from the Hindu caste system - the idea of untouchability," explains Dr Theodore Gabriel, a University of Gloucestershire academic and author of a study of Pakistan, Christian Citizens in an Islamic State. "Most of the Christians in Pakistan come from a low caste. The 'untouchable' or Dalit class were targets of missionary activity during colonisation, so they have come from a low economic and social background."

This social persecution remains in place even for those who have worked their way out of typical 'untouchable' jobs. I visit a beauty salon in an affluent suburb of Karachi, owned by a Christian Pakistani woman, Jane Peters. The shop is busy, with several Muslim women waiting to be seen.

However, all is not well behind the scenes. "There are terrible problems," she tells me. "I pay my bills, I pay my taxes, but the neighbours have had the water supply cut off." This means that she cannot get running water to the shop, and instead has to buy it in tankers each morning and manually heat the water required for hair-washes and manicures. The process of giving treatments is delayed by staff having to carry kettles and basins of hot water up and down stairs.

The shop is staffed entirely by Christian girls - "otherwise there are quarrels," explains Peters - and so it provides a rare employment opportunity for those who would otherwise end up in menial positions. One of the girls tells me that she quit school prematurely so that she could take the job, and is trying to complete her education part-time. "It is very hard for us to find employment," she says.

No change

It goes beyond sharing water. Gabriel describes school textbooks which claim that Christians worship three Gods, and define citizens of Pakistan as Muslims. "That means Christians are not regarded as citizens - if a textbook says that, then that is what children are learning. It's not going to foster tolerance, is it?"

Speaking to Christians, I am struck by their acceptance. "People are afraid," explains Peters' daughter, Sabiha, an articulate young woman who speaks fluent English. "If we make a fuss, it's very easy for someone to accuse us of blasphemy. It affects the poorer communities more, but it is a worry for everyone."

This type of discrimination is deeply entrenched, given that it pre-existed the formation of Pakistan by more than a thousand years. But is it worsening given the increasing influence of extremist ideas? Many view the decision to shelve reform of the blasphemy law as a victory for the militants. The women in the beauty salon - educated and politically aware - share this view. Yet when I asked Massey whether he was afraid and if he felt his situation could be improved, it was clear that the world of law and reform was alien to him.

"We are very few in a big nation, so we try to stay out of trouble," he says. "Maybe someone can help but we don't know who there is or is not. Politicians don't give us any importance." During the interview, my interpreter wells up. Later, she tells me that she was distressed by his total acceptance of the status quo.

This social discrimination is intensifying, says Ali Dayan Hasan, country director for Human Rights Watch in Pakistan. "Empowered extremists are making more frequent use of the legal tools at their disposal to persecute minorities. They are also killing them with impunity in a way they haven't done before."

He explains that rising extremism means that minorities are increasingly targets. "The militancy is contributing to it, but the fact of the matter is that the structure of these legal frameworks essentially makes the Pakistani state a partisan, sectarian actor, rather than a neutral arbiter between citizens. That tilts the balance in favour of the persecutor rather than the persecuted."

It appears that there is no real appetite for change. Most of the Muslim Pakistanis I speak to agree that there are problems with community relations, but prioritise other concerns.

"We have no human rights," says Iqbal Haider, a human rights lawyer who served in both Benazir Bhutto's governments, slamming his glass down on the table. "If I don't have the right to survive, all other rights are meaningless. And if the majority is not safe, then how can you expect the minorities to be? Nobody is safe."

He draws attention to the thousands of lives lost to terrorist attacks in the country since the beginning of the 'war on terror'. The death toll is rising each year and currently stands at record levels. "The Muslim places of worship are not safe. This is the greatest tragedy of Pakistan," he shouts. "Forget about the Christian church, forget about the Hindu temples. Muslim mosques are unsafe." Several days later, a big attack on a Sufi shrine in the Dera Ghazi Khan district kills 40 people.

While many Pakistanis brush over the impact that the government's retreat over the blasphemy law will have on religious minorities, most acknowledge that this refusal to stand behind the reformers handed the extremists a symbolic and practical victory.

"Salman Taseer was not just an ordinary citizen, "says Haider. "He was a representative of the federation. Shahbaz Bhatti was not just a Christian leader. He was a minister of Pakistan. It was an attack on the government. It is a matter of shame that the government is succumbing to this violence, and does not take these attacks as an attack on their existence."

The government's retreat leaves little hope for reform of these repressive laws, or for the introduction of legal steps to penalise discrimination. Moreover, the legislation is just one part of the complex Pakistani state system. "You have a judiciary that is in sympathy with many extremist views, that feels that it is its duty to uphold discriminatory laws," Dayan Hasan explains. "You also have a military that has a historical alliance with extremist groups and tends to view them with a higher level of tolerance. So when we criticise the government and its inaction, which absolutely needs to be done, we have to contextualise it within the framework of the forces arrayed on the tide of intolerance and extremism."

Yet Shehrbano Taseer sees some cause for optimism. "These laws won't go away tomorrow, but something huge has happened from my father's murder - these laws are being talked about. Nobody knew the cases, the stories, the numbers, the origins of the laws. All of this has come forward. It's important that the debate and criticism should not die with him. My father always said it's not about religion, it's not about politics: it's about humanity. He was genuinely concerned about the humanitarian crisis in Pakistan."

Some names have been changed to protect identities

Samira Shackle is a staff writer for the NS

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

This article first appeared in the 08 August 2011 issue of the New Statesman, Slum rule

Photo: Getty
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“There’s no equality in healthcare”: Working under the shadow of Ireland’s 8th

As the referendum on Ireland's anti-abortion law nears, the New Statesman talks to those working on the frontline of pregnancy about how the amendment affects their work. 

On 25 May, Ireland will hold a referendum that has been 35 years in the making. And it’s one of particular significance to women, whichever side they’re on.

The question is whether the 8th Amendment, which recognises the equal right to life of the unborn, should be removed from the constitution. While it is still in place, abortion cannot be legislated for or regulated in Ireland.

The only scenario in which abortion is currently legal in the Republic is where there is a “real and substantial” risk to the life, as distinct from the health, of a woman. In all other circumstances, including rape, incest and fatal foetal abnormalities, it is a criminal act to obtain one, with a maximum sentence of up to 14 years in prison.

This puts Ireland’s abortion laws well behind all other EU countries aside from Malta and Northern Ireland (as part of the UK). And it’s a human rights debate that has been raging in this historically Catholic country ever since conservative campaigners pushed for the amendment to be added back in 1983.

The impact of the current situation on Irish women and their health is clear, with thousands travelling abroad every year – mainly to England – to terminate unwanted or non-viable pregnancies. But what is it like to be the pro-choice medical professional who cannot support them? And what impact does the 8th have on Ireland’s maternity services as a whole?

“I was one of those people who grew up ‘pro-life’ and became pro-choice,” says midwife Jeannine Webster. “As I understood it then, you were not really a good person if you had an abortion. And then you learn, you know?”

Webster, who is 52, became a midwife in her early forties. She currently works at one of Ireland’s largest maternity hospitals, and has three adult children. In 2016 she became part of the campaign group Midwives for Choice.

For her, the issue with the 8th Amendment is the disparity in the level of care she can provide to women who make different choices: “There’s no equality in healthcare. Because as much as I can 100 per cent support a couple that want to continue with their pregnancy, I can’t do that for those who feel emotionally that would be too much.”

Webster tells me a story about a couple who came into her clinic a few months ago. During this visit, they learned their baby had a fatal foetal abnormality and would not survive outside the womb. The mother was in her second trimester of pregnancy with their third child.

 “The woman said, ‘Can we not just have the baby now?’ And I said, ‘No, because the baby still has a heartbeat.’ And she turned around to me, ‘But what’ll happen? What can I do?’ And I felt I couldn’t tell her what she could do. I can’t.”

“It absolutely makes a traumatic situation massively more difficult for them.”

In Ireland, as a medical professional, giving out information on abortion services abroad is subject to strict guidelines. It must not be accompanied by any advocacy or promotion of abortion and all options must be fully outlined. It is also against the law to make a referral to an abortion service on behalf of the pregnant woman. This makes difficult conversations tricky to navigate.

Despite this, 3,265 women travelled from Ireland to the UK in 2016 to have an abortion. That figure accounts for nearly 70 per cent of all non-resident abortions carried out in the UK that year.

Dr Jennifer Donnelly is a consultant obstetrician at Dublin’s Rotunda Hospital who deals with foetal abnormalities and complex maternal problems. She says that being unable to refer patients for termination services either at home or abroad creates health risks and unwelcome gaps in care.

“If somebody has got a devastating diagnosis and then has to try and negotiate a whole other health system with minimal support, it absolutely makes a traumatic situation massively more difficult for them,” she says. “We want to provide care for women. Part of that care is looking after women who are bereaved under those circumstances.”

Not all medical professionals agree.

“The Eighth Amendment has one medical effect only: it prevents Irish doctors from deliberately, as an elective matter, causing the death of an unborn child,” wrote Professor Eamon McGuinness, a consultant obstetrician and pro-life campaigner, in The Irish Times earlier this month.

“That right does not restrict doctors from acting to save the life of a woman where a serious complication arises,” McGuinness continued, in reference to recent reports of women being denied life-saving cancer treatment due to an unplanned pregnancy.

Dr Maeve Eogan, a fellow consultant obstetrician, was quick to point out on social media that although abortion is lawful where there is “a real and substantial risk” to a woman’s life, McGuinness had failed to address a number of important areas. For example, sexual violence and life-limiting foetal conditions, “or the fact that women travel and take unregulated medications every day”.

Eogan is Medical Director of Ireland’s National SATU (Sexual Assault Treatment Unit) Services. She has witnessed the trauma caused to women by both sexual violence and fatal foetal abnormalities first hand. One of her primary concerns is women’s fragmented experience of care.

“At the moment, Irish women who travel to the UK for termination of pregnancy – or access unregulated medications online – are not getting the full range of termination of pregnancy care,” she says.

“So they’re not getting the post termination follow-up, and they’re not getting the appropriate contraception. There isn’t the holistic care package. They’re accessing one piece of the jigsaw, but they’re not accessing the other things which promote their health in the long-term.”

“It in essence means that women have no guaranteed role in decisions about their care.”

When it comes to continued pregnancies in Ireland, pro-choice health professionals have differing views on whether the 8th Amendment plays any role.

Philomena Canning, a 57-year-old independent home birth midwife and founder of Midwives for Choice, believes the 8th Amendment undermines the rights of all pregnant women; not just those seeking an abortion.

 “The 8th Amendment strikes at the core of midwifery,” Canning says. “And at the core of midwifery is respect for the human rights and personal decision-making of the woman. It in essence means that women have no guaranteed role in decisions about their care and treatment from the time they get pregnant until the baby is actively born.”

She cites the 2016 case of Geraldine Williams, from Ballyjamesduff, Co Cavan, who had three children delivered by caesarean section and wanted to have her fourth child naturally.

In September of that year, when Williams was 40 weeks pregnant, the Health Service Executive applied to the High Court for an order allowing it to carry out a caesarean section against her wishes. This was to assert her baby’s right to life under article 40.3.3 of the constitution. Williams had already been hospitalised and would not agree to a c-section.

The judge ultimately refused to grant the order, saying the increased risks associated with a natural birth did not justify “effectively authorising to have her uterus opened against her will, something which would constitute a grievous assault if done on a woman who was not pregnant”.

But Eogan and Donnelly, both specialist consultants in their fields, insist that the impact of the 8th is generally restricted to women seeking terminations.

“That kind of situation is extremely rare,” says Donnelly. “A woman’s wishes should not be overwritten and a procedure should not be done to her without her consent.

“I think rather than it being the 8th Amendment, there certainly can be old fashioned attitudes from doctors and midwives to core ways of approaching things,” she concedes. “The woman’s views should not be disregarded and I think that would be a traditional patriarchal model, which is definitely changing, but I’m sure it may still be present in certain places.”

“We don’t have to have the 8th Amendment to be able to value women.”

Though their views might differ on this subject, all agree that Ireland’s maternity services still have a way to go to compete with the UK’s progressive, midwifery-led model for low risk births.

“We have pockets of excellent community midwifery in a whole range of areas in Ireland,” says Eogan. “But it is not universal. And some women who may wish to attend a community midwifery service, proximate to their home and their hospital, may not be able to do so.”

"While I may not agree personally that the amendment affects care in the labour ward, I don’t think it should be used as an excuse for poor professional behaviour either,” says Donnelly. “Our aim is to provide an excellent standard of care for women and we shouldn’t be using that as a barrier to consent, to exploring women’s concerns and choices in labour. From a cultural perspective, listening and communication is totally crucial, and if getting rid of the 8th helped to improve that culture, then I’m all in favour of that too."

And how might that culture change in Ireland, if the 8th Amendment is removed? “I hope that because that provision won’t be there that undermines women’s rights and choices that their voices will be a little more heard,” says 32-year old Dublin midwife Róisín Smith.

“And the things that women want – whether it be midwife-led care, midwife-led units, homebirths, being allowed more flexibility in terms of time in labour – all of that will be much more possible.

“We don’t have to have the 8th Amendment in our constitution for us to be able to value women and unborn babies as a society. Those kind of moralistic arguments that people make for the 8th, those morals don’t have to disappear because we also want to value women as mothers and decision-makers.”

This article first appeared in the 08 August 2011 issue of the New Statesman, Slum rule