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37-693: The ordinance also debars Ahmadis from the use of any honorific titles and modes of address deemed specific to the Islamic community such as the greeting " As-salamu alaykum " (peace be upon you), reciting the Six Kalimas or the shahada (declaring belief in the oneness of God and the prophethood of Muhammad ) etc., from building mosques and calling the Adhan (call to prayer), from undertaking Muslim modes of worship, from worshipping in non-Ahmadi mosques or public prayer rooms, and from making any citations from

74-482: A "Masjid"; shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (2) Any person of the Qadiani group or Lahori group (who call themselves "Ahmadis" or by any other name) who by words, either spoken or written, or by visible representation refers to the mode or form of call to prayers followed by his faith as "Azan", or recites Azan as used by

111-590: A Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as "Ameer-ul-Mumineen", "Khalifatul- Mumineen", Khalifa-tul-Muslimeen", "Sahaabi" or "Razi Allah Anho"; (b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as "Ummul-Mumineen"; (c) refers to, or addresses, any person, other than a member of the family "Ahle-bait" of the Holy Prophet Muhammad (peace be upon him), as "Ahle-bait"; or (d) refers to, or names, or calls, his place of worship

148-571: A Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. This law does not allow Ahmadi Muslims to call themselves Muslim or to "pose as Muslims", which are crimes punishable by three years in prison. This Ordinance and

185-563: A change Ruhashyankiko made between the first draft and the final version of the report. The first draft had cited the Armenian genocide , but that reference was deleted from the final version due to pressure from Turkey, an omission that was supported by only one member. Ruhashyankiko justified his omission of the Armenian genocide and the inclusion of the Jewish genocide by explaining that

222-620: A genocide under the pressure from the Turkish state, and that "Ruhashyankiko's unpardonable wavering on the Armenian genocide cast a shadow over what was otherwise an extremely helpful and well-researched report". By 1982, persisting hostility to Ruhashyankiko's handling of the Armenian issue led the Sub-Commission to consider a new report on genocide. In 1983, it requested that the Commission On Human Rights ask

259-529: A political debate, Ruhashyankiko took the conservative line that it was impossible to draw up an exhaustive list and that attempting to do so could reignite old quarrels and be unacceptable to all of the member states of the United Nations. This drew the criticism of one member of the Sub-Commission who complained that "genocide of the Palestinians" had been omitted. But most of the criticism was for

296-518: A recommendation that it be given the widest possible distribution, and the UNCHR made a decision to do so. Much of Ruhashyankiko's report was not found by the sub-committee to be controversial, for example his suggestion that the crime of genocide, like the crime of piracy, should be covered by universal jurisdiction, and that an international criminal court be set up to try those accused of genocide. However, as his review of historical genocide ignited

333-610: A resolution dated 3 August 1995 the Sub-Commission concluded "that a veritable genocide is being committed massively and in a systematic manner against the civilian population in Bosnia and Herzegovina , often in the presence of United Nations forces". Later the same month on 18 August, the Sub-Commission passed another resolution explicitly mentioning Radio Démocratie-La Voix du Peuple , which had been stirring up genocidal hatred in Burundi . The Sub-Commission, passed two motions —

370-584: The 1974 amendment in the constitution effectively gave the state of Pakistan, the exclusive right to determine the meaning of the term "Muslim". In the following four years from the regulation of the ordinance, there were more than 3,000 cases of Ahmadis charged with various offences under the regulation. Six were sentenced to 25 years imprisonment and four were sentenced to death. No executions have occurred to date and prosecutions have subsided in recent years. The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities has called on

407-704: The Quran and Muhammad's hadith . Punishment for anyone convicted of doing any of the above is imprisonment of up to three years and a fine. Ahmadis, who self-identify as Muslims and observe Islamic practices, claim that the Ordinance criminalises their everyday life. Expressing the Kalima (Muslim creed) and greeting with peace in the Muslim way is a criminal offence for Ahmadis in Pakistan . Unable to perform his duties as

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444-658: The Six Traditions or the Six Phrases , are six Islamic phrases ( prayers ) often recited by South Asian Muslims. The phrases are taken in part from hadiths . Recitation of the Six Kalimahs is taught in South Asian Muslim schools. The importance of learning the Six Kalimahs is disputed, with some regarding them as essential phrases to be memorised and others arguing that they are not present in

481-693: The Commission on Human Rights to "call on the Government of Pakistan to repeal Ordinance XX." One example is an Ahmadi (Rana Karamatullah) in Mansehra who was charged under Section 298C for "offering prayers" and "citing from the Holy Koran". Karamatullah had already been subjected to repeated arrests since 1984. Six Kalimas The Six Kalmas ( Arabic : ٱلكَلِمَات ٱلسِتّ ‎ al-kalimāt as-sitt , also spelled qalmah ), also known as

518-656: The Economic and Social Council [ECOSOC] to appoint a new Special Rapporteur to undertake the task. Sub-Commission member Ben Whitaker of the United Kingdom was appointed to the position and mandated to write a revised, updated study. His study, Revised and Updated Report on thè Question of the Prevention and Punishment of the Crime of Genocide , was received and noted by a resolution at the thirty-eighth session of

555-543: The Genocide Convention should be altered to include protection of groups based on politics and sexual orientation. Also "advertent omission" should become a crime and the defence of obeying superior orders should be removed. The report also suggested that consideration should be given to ecocide , ethnocide , and cultural genocide . The report created further controversy, because in paragraph 24 it stated that The Nazi aberration has unfortunately not been

592-492: The Holocaust was universally recognised while the Armenian genocide was not. In the end the Sub-Commission sent the report with some amendments resulting from the debate within the Sub-Commission to the (UNCHR) with a recommendation that it should be widely distributed. Although the UNCHR accepted the recommendation and passed the resolution to enable its distribution, the foreseen distribution never took place, leaving copies of

629-745: The Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Ordinance XX followed in 1984, with the following changes to the PPC: 298-B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places: (1) Any person of the Qadiani group or the Lahori group who call themselves 'Ahmadis' or by any other name who by words, either spoken or written, or by visible representation- (a) refers to or addresses, any person, other than

666-532: The Human Rights Council. The Sub-Commission was first formed in 1947, under the auspices of the Economic and Social Council (ECOSOC). Its primary mandate is described as: Other functions and tasks could also be assigned to it by ECOSOC or the Commission on Human Rights. It was composed of 26 human rights experts, each with an alternate and each elected for a term of four years, with half of

703-462: The Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 298-C. Person of Qadiani group, etc., calling himself a Muslim or preaching or propagating his faith: Any person of the Qadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name), who directly or indirectly, poses himself as

740-671: The Promotion and Protection of Human Rights (before 1999, known as the Sub-Commission on Prevention of Discrimination and Protection of Minorities ) was a subsidiary agency of the United Nations Commission on Human Rights . It was wound up in late August 2006. With the dissolution of the Commission on Human Rights and its replacement by the Human Rights Council in 2006, responsibility for

777-642: The Quran or substantiated by Muhammad. Kalimat aṭ-Ṭayyibah (Word of Purity ) كَلِمَاتْ اَلشَّهَادَة Kalimat ash-Shahādah (Word of Testimony ) كَلِمَاتْ اَلتَّمْجِيدْ Kalimat at-Tamjīd (Word of Majesty ) كَلِمَاتْ اَلتَّوْحِيدْ Kalimat at-Tawḥīd (Word of Oneness ) كَلِمَاتْ إِسْتِغْفَارْ Kalimat ʾIstighfār (Word of Penitence ) كَلِمَاتْ رَدّْ اَلْكُفْرْ Kalimat Radd al-Kufr ("Word of Rejection of Disbelief ") Sub-Commission on Prevention of Discrimination and Protection of Minorities The Sub-Commission on

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814-432: The Sub-Commission in 1985. (E/CN.4/Sub.2/1985/6, 2 July 1985). The report consisted of a Forward, an Introduction, an Appendix, and four principal parts: Part I, Historical Survey; Part II, The Convention On The Prevention and Punishment of The Crime of Genocide; Part III, Future progress: The Possible Ways Forward; Part IV, List of Recommendations. It made a number of controversial proposals including recommendations that

851-529: The Sub-Commission passed from the former to the latter. On 30 June 2006 the Council resolved to extend the Sub-Commission's mandate on an exceptional one-year basis and subject to the Council's subsequent review. The Sub-Commission met for the final time in August 2006; among the recommendations it adopted at that session was one for the creation of a human rights consultative committee as a standing body to assist

888-512: The Whitaker report in 1985. Nicodème Ruhashyankiko was appointed as a special Rapporteur in 1973 and produced a report The Study on the Question of the Prevention and Punishment of the Crime of Genocide , that was approved by the Sub-Commission at its thirty first session (E/CN.4/Sub.2/416, 4 July 1979. The report was forwarded to the United Nations Commission on Human Rights (UNCHR) with

925-591: The conscience of the world alive, and prevent the recurrence of that odious crime. Other participants felt that the Special Rapporteur should have dealt exclusively with the problem of preventing future genocides, without referring to past events which were difficult or impossible to investigate. Turning specifically to the question of the massacre of the Armenians, the view was expressed by various speakers that such massacres indeed constituted genocide, as

962-400: The contemporary [1985] Iranian killings of Baha'is. In the debates over whether to accept the report the Sub-Commission's final report stated: According to various speakers, the Special Rapporteur had correctly interpreted his mandate in referring, for instance in paragraph 24 of his report, to specific cases of allegations of genocide in past. The lessons of history were indispensable to keep

999-415: The first in 1996 and the second in 1997. They listed weapons of mass destruction , or weapons with indiscriminate effect, or of a nature to cause superfluous injury or unnecessary suffering and urged all states to curb the production and the spread of such weapons. The committee authorized a working paper, in the context of human rights and humanitarian norms, of the weapons. The requested UN working paper

1036-459: The leader of the Community without violating the Ordinance, Mirza Tahir Ahmad , the fourth Ahmadiyya caliph was compelled to leave Pakistan and migrate following its promulgation. He left with his immediate family and 17 other Ahmadis for London on 29 April 1984, eventually moving the headquarters of the Community to London during his years of exile . Ordinance XLIV of 1980 attempted to address

1073-559: The middle of the 1970s the Genocide Convention had not been ratified by all of the members of the security council and appeared to be moribund after 20 years of inaction. Members of the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided to investigate the subject and over the next decade launched a number of initiatives. which included publication of the Ruhashyankiko report in 1978 and

1110-806: The only case of genocide in the twentieth century. Among other examples which can be cited as qualifying are the German massacre of Hereros in 1904, the Ottoman massacre of Armenians in 1915–1916, the Ukrainian pogrom of Jews in 1919, the Tutsi massacre of Hutu in Burundi in 1965 and 1972, the Paraguayan massacre of Ache Indians prior to 1974, the Khmer Rouge massacre in Kampuchea between 1975 and 1978, and

1147-510: The posts up for election every two years. Membership was selected from amongst the eligible candidates from United Nations member states in such a way as to result in roughly equal and proportional representation from each of the continents . As of 2004, the breakdown of membership was: The Sub-Commission had eight working groups to conduct studies on discriminatory practices and make recommendations to ensure that racial, national, religious and linguistic minorities were protected by law. By

Ordinance XX - Misplaced Pages Continue

1184-481: The prosecution of genocide. It also recommended that an international committee be created to examine reports by States into their undertakings under Article 5 of the Genocide Convention. The committee also followed up on one of the Ruhashyankiko Reports ideas and suggested that the convention be improved by including a clause enabling the crime of genocide to be tried under universal jurisdiction. In

1221-407: The report to be found only in the research libraries of some major universities Mitsue Inazumi draws the conclusion from the political debate that the Ruhashyankiko report started, that it was evocative of how divisive the dispute over historical genocides and alleged historical genocides is, while William Schabas draws the conclusion that Ruhashyankiko backed down in naming the Armenian massacres as

1258-555: The same issue without specifically naming the Ahmadiyya. It amends the PPC as follows: Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of

1295-585: Was adopted, one that took note of the study and thanked Whitaker for his efforts and also noted "that divergent opinions have been expressed about the content and proposals of the report". Schabas states that "An attempt to strengthen the resolution by expressing the Sub-Commissions's thanks and congratulations for 'some' of the proposals in the report was resoundingly defeated". The Sub-Commission revisited genocide in 1993 and in 1994 recommended that an international court statute be prepared to facilitate

1332-470: Was delivered in 2002 by Y.K.J. Yeung Sik Yuen in accordance with Sub-Commission's resolution 2001/36. The report was adopted by a 15–4 majority of the panel of experts in the Sub-Commission, thereby recognizing the massacres of Armenians in 1915–16 as genocide. [38 U.N. ESCOR Commission On Human Rights, Sub-Commission. on Prevention of Discrimination and Protection of Minorities, (Agenda Item 4), 8–9, U.N. Doc. E/CN.4/Sub.2/1985/6 (1985)]. and others stating it

1369-438: Was well documented by the Ottoman military trials of 1919, eyewitness reports and official archives. Objecting to such a view, various participants argued that the Armenian massacre was not adequately documented and that certain evidence had been forged. That opinions of the Sub-Commission were split came to the fore over the wording of the resolution to accept the report. In the end the second and weaker of two proposed resolutions

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