[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 840 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. RES. 840

 Calling for the protection of human rights and restoration of rule of 
                            law in Pakistan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2007

Mr. Franks of Arizona (for himself, Mr. Wolf, Mr. Smith of New Jersey, 
     Mr. Burgess, Mr. King of Iowa, Mr. Pitts, Mrs. Musgrave, Ms. 
 Schakowsky, and Mr. Rahall) submitted the following resolution; which 
            was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
 Calling for the protection of human rights and restoration of rule of 
                            law in Pakistan.

Whereas on November 3, 2007, President Pervez Musharraf declared a state of 
        emergency, suspending the Constitution and the Supreme Court, and 
        initiating a crackdown on hundreds of opposition party leaders, lawyers, 
        and prominent human rights advocates who are fundamental to democracy 
        and the protection of human rights;
Whereas on November 3, 2007, President Musharraf shut-down independent TV 
        stations throughout Pakistan and passed an ordinance to amend the 
        Pakistan Electronic Media Regulatory Authority Ordinance barring speech 
        that the President considers to be ``against basic socio cultural 
        norms'', ``against sanctity of home, family, and marriage'', ``casting 
        aspersions against the President or security or ... judiciary of 
        Pakistan'', and ``promoting, aiding, abetting any offense against the 
        Pakistan Penal Code or any other law in force'';
Whereas on November 3, 2007, Secretary of State Condoleezza Rice remarked, 
        ``that the United States has made clear that it does not support extra-
        constitutional measures because those measures would take Pakistan away 
        from the path of democracy and civilian rule. And whatever happens, we 
        will be urging a quick return to a constitutional order, we will be 
        urging that the commitment to hold free and fair elections be kept, and 
        we'll be urging calm on all the parties.'';
Whereas the current suspension of the rule of law and detention of prominent 
        human rights defenders in Pakistan has placed religious liberty and the 
        freedom of expression, among other human rights, and the democratic 
        process in Pakistan in grave danger;
Whereas Asma Jahangir, the United Nations Special Rapporteur on Freedom of 
        Religion or Belief and Chairperson of the independent Human Rights 
        Commission of Pakistan (HRCP) was put under house arrest under a 90 days 
        preventative detention order issued by the Home Department of the 
        Government of Punjab, reportedly to prevent her from making 
        ``inflammatory speeches'';
Whereas Ms. Jahangir has been a staunch defender of the right to religious 
        freedom among other human rights both in Pakistan and throughout the 
        world for all people, and is being targeted for her views as a human 
        rights defender;
Whereas a house warrant was also issued for Ms. Hina Jilani, the United Nations 
        Secretary General's Special Representative for Human Rights Defenders, 
        who is expected to be detained upon her return to Pakistan;
Whereas on November 4, 2007, the police raided the office of the HRCP in Lahore 
        and arrested 55 of its members on charges of holding ``illegal 
        assembly'' and interfering with public officers, including I.A. Rehman, 
        director of the HRCP;
Whereas on November 4, 2007, an estimated 500 political and civil society 
        leaders, lawyers, and human rights advocates were detained, reportedly 
        to prevent them from participating in public demonstrations against 
        President Musharraf's imposition of martial law;
Whereas Ahsan Bhoon, president of the Lahore High Court and Aitzaz Ahsan, 
        president of the Supreme Court Bar Association, as well as 2 former 
        presidents of the Bar Association and several members of the Supreme 
        Court were among those arrested;
Whereas Asma Jahangir and many of those detained under the state of emergency 
        were released beginning November 16, 2007; however, 2,000 people remain 
        in detention;
Whereas President Musharraf replaced several key Supreme Court judges who 
        subsequently issued their first verdict on November 19, endorsing the 
        validity of his election to a second term as President; Musharraf 
        resigned from the military and was sworn in as President on November 29, 
        2007;
Whereas according to the United States Department of State 2007 International 
        Religious Freedom Report for Pakistan, constitutional guarantees for the 
        right to religious freedom are not protected in practice;
Whereas the Government imposes discriminatory limitations on religious freedom 
        as well as many other rights, such as the right to freedom of speech, 
        which is ``subject to any reasonable restrictions imposed by law in the 
        interest of the glory of Islam'';
Whereas according to the International Religious Freedom Report for Pakistan, 
        discriminatory legislation, such as the anti-blasphemy laws, which 
        provide the death penalty for defaming Islam or its prophets, and the 
        hudood ordinances, and the ``Government's failure to take action against 
        societal forces hostile to those who practice a different faith fostered 
        religious intolerance, acts of violence, and intimidation against 
        religious minorities'';
Whereas Islamic extremism has grown under these discriminatory laws with the 
        perpetrators largely enjoying impunity, and has placed in grave danger 
        the stability of the democratic process in Pakistan, the rights of its 
        people, and international security;
Whereas Shi'a Muslims, Ahmadis, Christians, and Hindus among others who have 
        been attacked by Sunni militants and mob violence, as well as Sunni 
        Muslims who have been the victims of reprisal attacks, could face 
        greater danger under the current state of emergency unless the rule of 
        law and democratic process are restored and every individual is 
        protected from religiously motivated violence;
Whereas according to recommendations by the United States Commission on 
        International Religious Freedom, the Government of Pakistan needs ``to 
        take much more serious efforts to combat Islamic extremism in that 
        country, noting especially the current government's political alliance 
        with Islamist political parties, which affords an inordinate amount of 
        influence to these groups, and which, in turn, has had a strong negative 
        impact on religious freedom in Pakistan'';
Whereas the Commission has also stated that this political alliance and the 
        consequent abuses on human rights are ``strengthening the very 
        extremists who incite participation in terror activity'', to the 
        detriment of United States national security objectives to combat 
        terrorism; and
Whereas the Government of Pakistan is an ally of the United States in the war on 
        terrorism and a member of the United Nations Human Rights Council and 
        has committed to ``actively participate in the work of the Human Rights 
        Council (HRC), with a view to facilitate the implementation of its 
        mandate'': Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives--
            (1) the Government of Pakistan should immediately restore 
        the rule of law by reinstating the constitution and members of 
        the Supreme Court of Pakistan;
            (2) the Government of Pakistan should immediately put an 
        end to the charges against all human rights defenders and 
        immediately and unconditionally release those in detention or 
        under house arrest, in particular we call for the protection of 
        Ms. Asma Jahangir so that she may continue her important work 
        as Special Rapporteur;
            (3) the Government of Pakistan should immediately restore 
        the independence of the media and ensure freedom of speech and 
        expression; and
            (4) the Government of Pakistan should review all 
        legislation to ensure respect for the international human 
        rights Pakistan committed to uphold as a member of the United 
        Nations Human Rights Council.
                                 <all>