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Home Critical Analysis/Archives Persecution of the Ahmadiyya …
Persecution Of The Ahmadiyya Community In Pakistan: An Analysis Under International Law
IV. THE ANTI-BLASPHEMY PROVISIONS
UNDER REGIONAL INSTRUMENTS

A. African Charter on Human and People’s Rights

Thirty African nations, including thirteen Muslim states, signed the African Charter on Human and People's Rights on October 21, 1986. *75 Apart from the ICCPR, the African Charter stands as the only legally binding treaty that includes Muslim states. The 62-Article Charter enshrines sweeping rights including those of free speech, association, and property. Article 8 guarantees the freedom of conscience and the profession and free practice of religion. Although Pakistan is obviously not a signatory, the Charter, along with the ICCPR, is an indicator that religious freedom can be protected in Muslim states. In targeting a particular religious group by attaching criminal penalties to the public declaration or display of an Ahmadi's faith, the anti-blasphemy provisions violate Article 8 of the Charter.


75
See African Charter on Human and Peoples' Rights, June 17, 1981, O.A.U. Doc. CAB/LEG/67/3/Rev. 5 (1981), reprinted in DOCUMENT SUPPLEMENT, supra note 20, at 489.
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