75th Anniversary: Upholding the Universal Declaration of Human Rights: Forced Religious Conversions and Plight of Minority Women in Pakistan

By Breshna Rani / GICJ

The Universal Declaration of Human rights [“UDHR”] marked the first time individuals from various States collaborated so comprehensively to agree upon fundamental human rights. Their intended purpose was to ensure that every human regardless of their national identity, racial/religious background,  gender, age had equal protection of certain enumerated human rights. As we mark the 75th anniversary of UDHR, it is crucial to reflect whether states around the world are upholding the rudimentary principles of the Declaration, in particular the equality between men and women.

The Preamble of the UDHR set out the fundamental principle of equal rights in asserting that the peoples of the United Nations have reaffirmed their faith in “the equal rights of men and women” and have “determined to promote social progress and better standards of life in larger freedom”. This implies the rights of women are essential for achieving progress, better standards, and for ensuring the other fundamental freedoms in the UDHR.

As identified in numerous studies since 1948, equal protection has remained an ideal rather than a concept that has been realised in practice. Rights in UDHR have been used by women to advance the right to vote through universal suffrage (Article 21(3)), to remove restrictive property rights (Article 17(1)) and access education (Article 26(1)) an area that has seen massive growth over the last 75 years. 

These successes are not however universal. For example in relation to Article 18 of the UDHR which states that ‘everyone has the right to freedom of religion, freedom to change his religion and freedom to manifest his religion in teaching, practice, worship and observance’. This article in cognisance of the uneven and disappointing implementation of Article 18 of the UDHR focuses on the situation of minority women in Pakistan. It seeks to raise awareness on the forced religious conversion cases of women and young underaged girls belonging to minority sects and religions in Pakistan. 

About Forced Conversions

Forced religious conversions have been a long standing issue in Pakistan. A 2021 report by the United Kingdom’s All Party Parliamentary Group (APPG) for Pakistani Minorities found that around 1,000 girls between ages 12-25 are coerced, abducted and forcefully converted to Islam under duress. Despite their prevalence, there is currently no law in Pakistan that prohibits forced religious conversions. 

The Sindh Provincial Assembly passed the Criminal Law (Protection of Minorities) Bil 2015 outlawing forced conversions and conversions before the age of 18. However, under pressure from Islamic groups, the Governor declined to sign and formally affirm this bill. 

In November 2019, a special Federal Parliamentary Committee in Pakistan was established to investigate the issue of forced conversions and forced marriages. The committee published its first report in 2020, amongst many things it was agreed that “data collection was cardinal” to evaluate all factors associated with forced conversions. It was also recommended that alongside the consultation of Council of Islamic Ideology (CII) in Pakistan, representatives from non-muslim religious bodies should  also be invited to the committee. Despite this its Chairman reported that: “Although conversion to seek a better lifestyle is also considered forced conversion, economic reasons can be considered exploitation and not force”. 

There was a failure to recognise that one of the forms of forced conversion in Pakistan is due to bonded labour where people from lower casts are sometimes subjected to conversion as a result of failure to pay debt. The economic disparity in rural areas allows for coercion where the minorities from lower caste and income are not empowered or supported to voice their concerns. These cases go beyond being “exploitation” and become “force” and minority women in Pakistan being a vulnerable group frequently become subject to this force. 

On 24 September 2020, the Senate Standing Committee on Religious Affairs and Interfaith Harmony rejected a bill calling for the protection of religious minorities. Once again in 2021, a draft bill to prevent forced conversions was prepared by the Federal Ministry of Human Rights and was sent for consultation. However, the Council of Islamic Ideology and the Ministry of Religious Affairs and Interfaith Harmony, returned it after objecting to the proposed 18-year age limit on conversions, alongside an appearance before a judge prior to conversion, professing these recommendations to be against Islam. 

As recently as 16 January 2023 Special Rapporteurs expressed concern with the growing cases of abductions, forced marriages and conversions of women belonging to religious minorities in Pakistan. In the Mandate of the Special Rapporteur on Minority Issues, one of the cases mentioned in the report is of a fourteen year old christian girl abducted in 2019. She gave a statement that she was physically abused and refused to convert but she was forced to. She was only able to rescue herself when mid-investigation the perpetrator and his family fled. Such cases involve violations of laws on torture and assault. Even though on a political and social level it is accepted that conversions happen, there is a failure to recognise the gravity of the situation and the impact this act has on the safety, security and freedom of religious minorities. 

There are a lot of systematic issues in Pakistan that further aggravate the impact of such cases. When a girl is brought to be converted to Islam before she could get married, the failure of the Islamic clerics to ask questions and investigate whether the conversion is by choice or by coercion provides easy access to the perpetrators to carry out such activities. A conversion certificate is also easily available and accessible from a local mosque of madrasa at a very low cost. In Malaysia, a muslim majority country, only allotted institutes can issue conversion certificates and only upon proof and evidence that the individual has been studying Islam for three months. In Myanmar, one must register their interest in converting to the local registration board which interviews the applicants to determine if the conversion is forced or consensual. 

Dr. Nazila Ghanea, UN Special Rapporteur for Freedom of Religion or Belief stated ‘forced conversions often happen in the context of forced marriages’. Forced marriage can often be a child marriage and in hinsight also trigger laws against rape as  girls are below a legal agecannot consent for sex. The occurrences of forced conversions are a vicious circle of many other illegal activities as well, such as trafficking of children and women for sexual exploitation. The frequent efforts to pass a law or policy prohibiting this unlawful practice have been repudiated by the provincial and national government in Pakistan. Until present time the majority of the data collected on forced conversions has been collected by human rights organisations or NGOs for religious freedom. GICJ expresses the need to collect yearly statistics nationwide to create transparency about the prevalence of the issue. There is also a dire-need for toll-free helplines or ombudsmans that can promptly record and process these cases. 

Though Article 18 UDHR in its simplest form does not provide guidance as to how one should practise it’s religion, Article 30 UDHR states ‘nothing in this Declaration may be interpreted as implying for any State, group……to engage in any activity aimed at the destruction of any of the rights and freedoms set forth herein’. It would be safe to say if a religious practice affects and severely hinders another individual's right to observe their religion, it is certainly breaching the purpose behind UDHR. 

Geneva International Center for Justice (GICJ) recognises the current situation of minority women especially in rural Sindh province of Pakistan. We honour the work of the NGOs and social workers in raising awareness of this cause and their determination towards introducing laws and policies that ensure protection of young women in Pakistan.

GICJ calls upon using safeguarding measures like proof of interest in the religion, a comprehensive process of conversion like that used in Malaysia to ensure the conversion is consensual, informed and in the best interests of the individual. 

This issue and frequent practice is not merely of domestic concern anymore but demands international recognition. It has been 75 years since the UDHR was created, yet the situation of minority women in states like Pakistan remains a matter of grave concern. Being one of the states that ratified UDHR in its first year, GICJ calls on Pakistan to conform with the spirit and text of UDHR.

Citations

https://uis.unesco.org/en/blog/data-celebrate-50-years-progress-girls-education

Article 18, Universal Declaration of Human Rights [1948] <Universal Declaration of Human RightsUnited Nationshttps://www.un.org › about-us › universal-declaration-...> Accessed 6 November 2023

Abductions, Forced Conversions and Forced Marriages of Religious Minority Women and Girls in Pakistan <https://appgfreedomofreligionorbelief.org/media/APPG> Published September 2021. 

Draft Criminal Law (Protection of Minorities) Bil 2015, <http://openparliament.pk/app/> Accessed 22 January 2023

Preliminary Report of the Senate Parliamentary Committee to Protect Minorities from Forced Conversions, < https://senate.gov.pk/uploads/documents/1608015743_666.pdf> Accesssed 28 January 2023

Abductions, Forced Conversions, and Forced Marriages of Religious Minority Women and Girls in Pakistan, <https://appgfreedomofreligionorbelief.org/media/APPG-Pakistan-Minorities-Report.pdf> Published September 2021

Submission to the UN Office of the High Commissioner for Human Rights <

Draft Protection of the Rights of Religious Minorities Act 2020, <https://www.senate.gov.pk> Accessed 21 January 2023.

Parliamentary Committee to Protect Minorities from Forced Conversion, <https://senate.gov.pk/en/> Accessed 21 January 2023

Pakistan: UN experts urge action on coerced religious conversions, forced and child marriage <https://www.ohchr.org/en/press-releases/2023/01/pakistan-un-experts-urge-action-coerced-religious-conversions-forced-and> Published 16 January 2023 

Mandates of the Special Rapporteur on minority issues <https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27585> Published 26 October 2022. 

Abductions, Forced Conversions and Forced Marriages of Religious Minority Women and Girls in Pakistan <https://appgfreedomofreligionorbelief.org/media/APPG> Published September 2021. 

Article 10(b) Religious Conversion Laws (Law No. 48/2015) <https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=&p_isn=112532> Accessed 6 November 2023 

Special Rapporteur for Freedom of Religion or Belief <https://www.ohchr.org/en/special-procedures/sr-religion-or-belief> Accessed 6 November 2023

Mandates of the Special Rapporteur on minority issues <https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27585> Published 26 October 2022.

Article 30, Universal Declaration of Human Rights [1948] <Universal Declaration of Human RightsUnited Nationshttps://www.un.org › about-us › universal-declaration-...> Accessed 6 November 2023