Brief – Legal Rights for Religious Minorities
Thematic Stream: Legal Rights for Religious Minorities
Problem: Under the constitutional framework, every citizen is guaranteed “fundamental rights, including equality of status, equality of opportunity, equality in law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association.” However, most religious minorities (RM) within Pakistan face structural discrimination at multiple levels. A report by the Diplomat in 2019 noted that when it comes to truly protecting different religious minorities groups nothing has actually changed in Pakistan. In 2020, the Peoples Under Threat report by Minority Rights Group ranked Pakistan as the 9th most dangerous country for minorities to live in.
In Pakistan, Minority communities’ access to justice is impeded by direct and indirect discrimination which manifests through societal bigotry, institutional discrimination, gaps in existing legal protections and a series of laws and policies designed to disempower and threaten their safety and well-being. There are no evidence-based studies that analyze in detail how court and administrative procedures, judgments, lawyers, and legal processes might be disempowering minorities, and creating fear and distrust among the community, which in turn prevents them from relying on the justice system to resolve disputes.
Goal: Ensuring that Freedom of Religious Belief (FORB) abuses are prevented for minorities in Pakistan, and to promote FORB in Pakistan by strengthening access to justice and rule of law for minorities.
Program Approach: With evidence-based research as one of the core principles, the programmatic approach is to build a holistic understanding of barriers against Access to Justice for RM communities in Sindh, Pakistan. Based on the gaps identified within the justice system, RM communities are legally empowered through education and provision of legal aid and support.
Target Districts: Karachi, Hyderabad, Dadu, Sanghar, Larkana, Khairpur, Sukkur, and Shaheed Benazirabad.
Components:
Research & Advocacy:
Using evidence-based research as the guiding factor for all interventions, the programmatic approach is to first understand the ground realities of the primary stakeholders (the communities), understand the challenges faced by these groups, and areas through which interventions could be developed to improve access to justice for such communities. The research is utilized to develop interventions and also advocate for rights of the communities through various forums.
As part of the project, the first of its kinds legal needs assessment was conducted to understand legal behaviors of the religious minority (RM) population in Sindh, Pakistan and the main barriers they face in accessing justice.
Research Product: Legal Needs Assessment
Legal Aid & Awareness:
Access to justice for religious minority groups is improved through legal aid and awareness clinics which adopt a community-centric approach. Community legal awareness and aid sessions are conducted across targeted districts where in the first instance, community members are educated on their legal rights through IEC material in their native languages by field officers and then given legal aid and advice through field advocates who take cases on their behalf or guide them through the process of a legal case.