New York Times
October 1, 2003

By Preeta D. Bansal and Felice D. Gaer

American efforts to build a democratic, tolerant Afghanistan are facing a serious challenge: the draft of the Afghan constitution, which may be made public as early as this week, does not yet provide for crucial human rights protections, including freedom of thought, conscience and religion. The United States and the international community should insist that the draft presented by the constitutional commission explicitly protect these core human rights for all Afghans.

Despite reports to the contrary, the current draft versions of the constitution enshrine particular schools of Islamic law, or Shariah, that criminalize dissent and criticism of Islam through blasphemy laws.

If this draft is ratified in December by the loya jirga, or grand council, the freedoms of Afghan citizens would continue to be in the hands of judges educated in Islamic law, rather than in civil law. Official charges of blasphemy, apostasy or other religious crimes could still be used to suppress debate, just as they were under the Taliban.

Making changes in the draft is all the more important because, as Afghanistan's Human Rights Commission and the United Nations' Assistance Mission in Afghanistan have reported, Afghan reformers seeking to express their views on their new constitution have been hindered by threats, harassment and even imprisonment. In one case, an editor and a reporter have been charged with blasphemy for publishing an article questioning the role of Islam in the state.

On our recent trip to Kabul as members of the bipartisan United States Commission on International Religious Freedom, we met many Muslims who recognize the compatibility of Islam with human rights. Yet these Muslims are being intimidated into silence by vocal and well-armed extremists.

Freedom-loving Afghans won't be able to rely on conscientious judges to protect religious freedom without an explicit reference to it in the constitution. Afghanistan's chief justice, Fazl Hadi Shinwari, for example, has shown little regard for those who disagree with his hard-line interpretation of Islam. He told us that he accepted the international standards protected by the Universal Declaration on Human Rights - with three exceptions: freedom of expression, freedom of religion and equality of the sexes. "This is the only law," the chief justice told us, pointing to the Koran on his desk.

Even in a self-proclaimed Islamic republic, however, all citizens, Muslims as well as non-Muslims, must be free to debate the role of religion and to question prevailing orthodoxies without fear of being subjected to trials, prison or death. At a minimum, Afghan leaders should amend the draft constitution to specifically ensure the human rights guarantees that Afghanistan has already accepted and ratified in six international treaties. Afterward, the United States must ensure the safety of reformers who want tospeak out at the loya jirga to ensure that the constitution of Afghanistan makes possible a free and just society based on the rule of law.

While respecting that Afghans should determine their own future, United States officials must not let a "hands off" policy lead to political conditions that will embolden repression and enable a few to hijack the future from the many Afghans who hope to embrace freedom.

After all, it is not just Afghanistan's future that is at stake. Iraqis are watching to see what minimum standards of individual rights will be acceptable to the United States. Unfortunately, the message that the Afghan draft constitution is giving Iraq is the wrong one. We should instead send our own message to President Hamid Karzai, to Afghan officials and to the Afghan people: Americans will only support a state with a constitution that clearly and unequivocally enshrines human rights and religious freedom.

Preeta D. Bansal, former solicitor general of New York State, and Felice D.
Gaer, director of the Jacob Blaustein Institute for Human Rights, are members of the United States Commission on International Religious Freedom.

Copyright 2003 The New York Times

FOR IMMEDIATE RELEASE
October 31, 2003

Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27

WASHINGTON - The United States Commission on International Religious Freedom (USCIRF) has written Secretary of State Colin Powell to convey its serious concern for the safety and well being of Mr. Shahbaz Bhatti, President of the All-Pakistan Minorities Alliance. The Commission also urged Secretary Powell to raise the case of Mr. Bhatti with the highest authorities in Pakistan and to request assurances that the Pakistani Government will take the necessary measures to protect him, as well as remove him from the "Exit Control List" which prevents him from traveling outside of the country.

The USCIRF recently hosted a visit by Mr. Bhatti to the United States, where he met with Commissioners, numerous Members of Congress, and leading officials in the Administration. Upon his return to Pakistan, Mr. Bhatti reports that he has received many threats against his life because of his advocacy on behalf of religious freedom.

"Mr. Bhatti has been one of the most outspoken critics of extremist views in Pakistan. The United States must stand with advocates like him who are working against hatred and intolerance," said Commission Chair Michael K. Young.

The text of the letter follows:

Dear Secretary Powell:

On behalf of the U.S. Commission on International Religious Freedom, I am writing to convey our serious concern for the safety and well being of Mr. Shahbaz Bhatti. As President of the All-Pakistan Minorities Alliance, Mr. Bhatti is a vocal advocate for religious liberty and other human rights in Pakistan. Mr. Bhatti represents religious minorities throughout Pakistan with the goal of establishing "social justice for the creation of a society free of all discriminations."

Our Commission recently hosted a visit by Mr. Bhatti to the United States, where he met with our Commissioners, numerous Members of Congress, and leading officials in the Administration.

Upon his return to Pakistan, Mr. Bhatti reports that he has received many threats against his life because of his advocacy on behalf of religious freedom. In August, Mr. Bhatti reports that an attempt was made to kill him. In a recent phone call to Mr. Bhatti, he was reportedly warned that he "will be punished severely" if he does not stop talking about the issues of religious freedom and persecution in Pakistan. Following his visit to the United States, Mr. Bhatti has now been placed on the Government of Pakistan's "Exit Control List," and he is not permitted to travel outside of the country.

On behalf of the Commission, I urge you to raise the case of Mr. Bhatti with the highest authorities in Pakistan and to request assurances that the Pakistani Government will take the necessary measures to protect him. I urge you to make it clear to the Government of Pakistan the importance the United States places upon Mr. Bhatti's safety. I also ask you to request that Mr. Bhatti be removed from the "Exit Control List" and that he be free to travel abroad.

Religious extremists would benefit from silencing Mr. Bhatti and his message of tolerance and respect for minority religious beliefs. Mr. Bhatti is on the front lines against extremists and he deserves the full support of the Administration.

Thank you in advance for your attention to this pressing matter.

Sincerely,

Michael K.Young

Chair

The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.

FOR IMMEDIATE RELEASE
October 27, 2003

Contact:
Anne Johnson, Director of Communications, (202) 523-3240, ext. 27

WASHINGTON - Today marks the 5th anniversary of the passage of the International Religious Freedom Act of 1998 (IRFA) by Congress. The IRFA established the U.S. Commission on International Religious Freedom (USCIRF), an independent and bipartisan federal agency; the Office of International Religious Freedom in the Department of State; and a Special Advisor for Religious Freedom on the National Security Council. Through IRFA, Congress made clear that because of the critical importance of this most fundamental freedom, the promotion of religious freedom should be a central element of U.S. foreign policy.

Article 18 of the Universal Declaration of Human Rights states, "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance." Because it is so central to us as human beings, religious freedom is one of the first freedoms that repressive governments attempt to stifle and suppress. Religious faith provides us with our own individual identity, when repressive governments want to impose a state-defined identity from above. Religious faith provides us with an alternative source of external authority, when authoritarian governments insist on being the exclusive source of every kind of authority for their population. Governments that do not respect religious freedom demand the right to have control over virtually every other aspect of their people's lives. And governments that do respect religious freedom also respect their own limited role in the lives of their citizens.

"Commissioners come from varied backgrounds and beliefs, and hold diverse views on many issues. On international religious freedom, however, all Commissioners have acted in a bipartisan fashion on behalf of this freedom we all value so highly. Religious freedom is important not just because we value it as Americans. Religious freedom is important because it is perhaps the most critically defining element of every individual's human identity. We are not fully human without the freedom to freely seek out the answers to this very fundamental question," said USCIRF Chair Michael K. Young.

The Commission commends Senator Sam Brownback for introducing legislation designating October 27, 2003, as "International Religious Freedom Day." The legislation also requests that the President issue a proclamation calling for a renewed commitment to eliminating violations of the internationally recognized right to freedom of religion and protecting fundamental human rights, and calling upon the people of the United States and interested groups and organizations to observe International Religious Freedom Day with appropriate ceremonies and activities.

The Commission also commends Representative Frank Wolf for introducing legislation recognizing the 5th anniversary of the signing of IRFA and urging a renewed commitment to eliminating violations of the internationally recognized right to freedom of religion and protecting fundamental human rights.

"This legislation will help to keep religious freedom at the forefront of foreign policy," said Young.

The U.S. Commission on International Religious Freedom was created by the International Religious Freedom Act of 1998 to monitor the status of freedom of thought, conscience, and religion or belief abroad, as defined in the Universal Declaration of Human Rights and related international instruments, and to give independent policy recommendations to the President, the Secretary of State and the Congress.