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Persecution Of The Ahmadiyya Community In Pakistan: An Analysis Under International Law

D. Report of the U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities on its Thirty-Eighth Session

In 1985, the U.N. Sub-Commission issued a formal statement against Pakistan's promulgation of Ordinance XX, calling for its immediate repeal and the creation of protections to prevent the mass exodus of Ahmadis. *69 Resolution 1985/21 was a succinct and powerful affirmation of the crucial principles of the UN Charter, the UDHR, and the U.N. Declaration of 1981. Its first paragraph expressly proclaims that the Sub-Commission's reports are “guided” *70 by the principles of these international instruments. The report condemns Ordinance XX as a “prima facie violation . . . of the right of religious minorities to profess and practice their own religion.” *71 It “expresses grave concern” at the Ordinance's subjection of Ahmadis to “various punishments and confiscation of personal property . . . discrimination in employment and education . . . and to the defacement of their religious property.” *72 Perhaps most importantly, Resolution 1985/21 rejects Pakistan's justification for Ordinance XX's restrictions on Ahmadis as a public safety regulation. *73

Resolution 1985/21 was a sweeping reminder to Pakistan to live up to its commitment to international human rights. This commitment was not an implied one, but rather was clearly manifested by Pakistan's membership in the U.N. Sub-Commission for the Promotion and Protection of Human Rights, a privilege Pakistan will hold at least until 2006. *74 That Pakistan turned a blind eye to Resolution 1985/21 is yet another powerful example of its failure to honor commitments under international human rights norms.

See The Situation in Pakistan, E.S.C. Res. 1985/21, reported in Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its Thirty-Eighth Session, U.N. ESCOR, 38th Sess., at 102, U.N. Doc. E/CN.4/1986/5 (1986).
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See Siddiq, supra note 4, at 326 - 27.
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Mr. Abdul Sattar currently serves as Pakistan's delegate to the U.N. Sub-Commission on the Promotion and Protection of Human Rights. His alternate is Mr. Khalid Aziz Babar. See External Link - Opens new browser window (last visited February 12, 2003).
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