Pakistan’s War Against Human Rights Watch

By Malik Siraj Akbar, Editor in Chief, ‘The Baloch Hal’

“A pack of lies” is Pakistan army’s favorite defensive phrase whenever it is blamed for committing human rights abuses or covertly sponsoring Islamic extremist organizations.

On December 13, 2012, the Pakistan army described an Amnesty International report, The Hands of Cruelty, as “a pack of lies” when the London-based international human rights watchdog exposed the involvement of security forces in widespread human rights violations in the country’s tribal regions bordering Afghanistan.

On February 2nd, the Pakistan army once again used its favorite ‘a pack of lies” phrase to reject the Human Right Watch (HRW) World Report 2013. The Pakistan section of the report has blamed the Pakistan army for committing human rights abuses in the country’s largest province of Balochistan and assisting Islamic extremist groups that attack Shia Muslims and other religious minorities. The army says the HRW report is “propaganda driven and totally biased” which is “yet another attempt to malign Pakistan and its institutions through fabricated and unverified reports, completely favouring an anti-Pakistan agenda.”

Before explaining why the Pakistani military reacts so furiously to allegations of human rights abuse, it is important to understand the level of influence the military enjoys in the Pakistani State. Unlike most democratic countries of the world, the army in Pakistan in reality is not under the control of the civilian government. The military closely scrutinizes the performance of the elected government and makes sure that the civilian authorities do not question or undermine the economic interests and political power of the army.

Also, the army continuously tries to make sure that it remains absolutely immune to any kind of criticism, allegations and accountability for any reasons. Over the years, the military, with the help of the right-wing political parties and the media, has developed a state narrative that depicts the army as the most disciplined organization in the country. The rare occasion when the army’s ego is shattered when nonpartisan international groups bring into public attention the wrongdoings of what otherwise remains an uncontested military.

So, what contents in the H.R.W. report irritated the Pakistan army?

Considering its overwhelming influence on almost every sphere of the state, the army has been blamed for rights abuses on a number of fronts.
For instance, HRW observed that:

Pakistan’s government has failed to act against abuses by the security and intelligence agencies, which continued to allow extremist groups to attack religious minorities… the authorities did little to address attacks against journalists and human rights defenders, and committed serious abuses in counter-terrorism operations.

In the mineral-rich Balochistan, where ethnic Balochs are seeking maximum fiscal and administrative autonomy, the H.R.W. said it had “recorded continued enforced disappearances and killing of suspected Baloch nationalists and militants by the military and affiliated agencies.”

In addition, the HRW has drawn attention to the “links between Pakistan’s military and intelligence agencies with extremist groups.” The organization observed that at least 400 members of the Shia Muslims, including 125 in Balochistan, were killed in 2012 in attacks perpetrated by Sunni Muslim extremist groups. These groups are suspected to have deep connections with the country’s army.

In 2012, Pakistan, according to the H.R.W., remained “unable or unwilling” to dismantle these networks of terror:

Sunni militant groups, including those with known links to the Pakistani military, its intelligence agencies, and affiliated paramilitaries, such as the ostensibly banned Lashkar-e Jhangvi, operated openly across Pakistan, as law enforcement officials turned a blind eye to attacks. The government took no significant action to protect those under threat or to hold extremists accountable.
Instead of providing an honest account of its covert operations, the Pakistan army said the H.R.W. “has no credibility and has been criticized worldwide for raising controversies through its biased reports and funding from certain quarters.” For Pakistan, reports that highlight the security forces’ involvement in rights violations are a “clear attempt to further fuel already ongoing sectarian violence and to create chaos and disorder in Pakistan.”

The Pakistan military does not solely suffice with rebuttals. It oftentimes turns unimaginably nasty against those who question its authority. In this case, the H.R.W.’s Pakistan Director Ali Dayan Hasan, a widely respected human rights defender, has become the focus of a malicious and misleading campaign in the national media. The military has unleashed a media trial of Mr. Hasan with the help of Pakistan’s largest media group, the Jang, questioning his integrity and even patriotism to the extent that it now raises genuine concerns about his personal safety and that of his family.

The News, an English language newspaper published by the Jang media group, has become a tool in the hands of the military in the extremely dangerous campaign against Mr. Hasan. Last year, the newspaper bullied the human rights activist so much that it even published his U.S., Pakistan and London U.K. telephone numbers. This was a clear violation of journalistic standards but the newspaper apparently did so in order to encourage Islamic fundamentalists to directly threaten him on the phone numbers printed in the newspaper.

Ahmed Noorani, a young, angry and highly opinionated journalist, has been bullying Mr. Hasan and his organization for more than one year in his dispatches which, whenever attacking the H.R.W., hardly undergo the routine process of fact-checking, language correction and copy editing which is essential to sift opinion from reporting.

On February 24, 2012, the Citizens for Free and Responsible Media, a group of professional Pakistani journalists, sent a letter to the publisher and top editors of the News International, to express “our dismay at the unethical and false reporting in your paper … that is not only inaccurate and based on lies, but also endangers the life and safety of a Pakistani citizen.” One year later, the newspaper still continues to publish unsubstantiated personal attacks against Mr. Hasan which seem to be caused by the reporter’s personal dislike for the H.R.W.’s Pakistan head.

The Pakistani military and sections of the media must stop harassing Mr. Hasan. Such childish and unprofessional behavior does not help Pakistan’s democracy. Reports issued by H.R.W. and other international think-tanks and human rights groups are professional analyses of different countries. It is absolutely irresponsible and unethical to respond to such criticism with personal attacks on individual professionals affiliated with these organizations. It amounts to shooting the messenger. In a countries like Pakistan Mr. Hasan is a rare breed of bravery and hope for millions of citizens who want their rights to be respected and protected by their government. Human rights activists and journalists in Pakistan risk their lives on a daily basis to speak up for the citizens’ democratic rights and Pakistan’s largest media outlet should appreciate courageous Pakistan rights activists, such as Mr. Hasan, instead of endangering their lives.

No Drinking Water in Gwadar

Gwadar town and adjoining villages are facing a severe crisis of drinking water.

Due to scanty rainfall, the only dam that supplies water to the area has gone completely dry. Initially water was fetched through Navy ships from Karachi and then through tankers from scattered ponds located in far flung areas. Crisis attained serious turn when district government failed to pay the tanker owners who have now stopped supplies.

District administration owes more than 250 million rupees to the Tanker owners. It requires some 80 million rupees per month to meet expenses of tankers to sustain water supply.

Politically explosive situation of Gwadar has turned into a powder keg. An urban problem is morphing into a conflict that can take an ugly turn any time.

According to the drinking water policy 2009 of Pakistan, access to clean drinking water is a basic human right. Therefore government should take every possible measures to fulfill this obligation.

Timely and reasonable funds should be provided to the district administration to maintain supply of drinking water through tankers as short term measure.

PDMA and NDMA should immediately intervene at this stage to avoid any kind of disaster.

As a long term measure, the government should work on multiple plans instead of relying on a single source. It should include construction and functioning of desalination plants in different areas, construction of small dams, rehabilitation of Sunt-e-sar bore holes to augment supplies through exploiting ground water, functioning  of  Karwat Desalination Plant, completion of Sawarh Kore Dam, construction of Shadi Kore Dam.

Gwadar Development Authority, Gwadar Port Authority and other federal governmental department should also play their role in provision of clean drinking water to the peoples of Gwadar.

A Water Board should be established in Gwadar immediately to institutionalize long term solutions.

Option of providing drinking water through Mirani dam has already been announced by the government. However social and political issues that may stem from the project should be carefully analyzed and addressed. Some 80 villages at the downstream of the dam would justifiably expect drinking water from the same pipeline which need to be considered at the design stage.

The Political Parties’ Steering Committee of Gwadar should undertake a transparent survey and collect data on the funds spent on water supply through tankers, and facts and figure should be made public. So that any mismanagement of funds and gaps in water distribution may be addressed timely.

MDG Report of Balochistan mentions that overall, 74 percent of the population in the province was using an improved source of drinking water. These figures are unrealistic and indicate to data fudging. Govt. should present right facts before the people of Balochistan.

To avoid any kind of conflict, Political Parties’ Steering Committee-Gwadar along with district administration and civil society should improve coordination and manage the problem in a transparent and prudent manner.

Balochistan Pakisan Conflict Chronology

1947: At the time of Partition, Balochistan consisted of four princely states, namely Makran, Lasbela, Kharan and Kalat. The first three willingly joined Pakistan in 1947, while Ahmed Yaar Khan, the Khan of Kalat declared independence.

April 1948: Pakistani army invaded Kalat and the Khan surrendered. His brother, Prince Abdul Karim, continued to resist with around 700 guerrillas but was soon crushed.

1954: Anti-One Unit movement in Balochistan turned violent. Nawab Mir Nauroz Khan Zarakzai, chief of Zehri tribe, led a resistance of 1,000 militia against the army.

July 1960: Nauroz’s son was hanged after being convicted of treason.

1962: Nauroz died in Kohlu prison, becoming a symbol of Baloch resistance.

July 1963: Insurgents operating from 22 camps in Marri, Mengal and Bugti areas started to bomb railway tracks and ambushed convoys. The Army retaliated by destroying vast areas of Marri tribe’s land.

1969: Baloch separatists agreed to a ceasefire. Yahya Khan abolished One Unit.

1970: Balochistan was recognised as the fourth province of the then West Pakistan.

1972: The first ever elected government comprising Baloch nationalists was formed with Attaullah Mengal as CM.

1973: President Zulfikar Ali Bhutto dismissed the elected Balochistan government; this led to protests and calls for Balochistan’s secession.

April, 1973: Baloch militants began to ambush army convoys. Bhutto ordered sending more troops to the province. The fighting was more widespread than in 1950s and 1960s. Several nationalist leaders were put behind bars.

July, 1974: Baloch militants cut off roads and rail links cutting Balochistan from other provinces.

1974: Hostilities climaxed with drawn-out battles. Military support was provided by Iran against the resistance of some 50,000 Baloch fighters.

1976: Dispersed Baloch warriors formed Balochistan Peoples Liberation Front (BPLF) under the leadership of Mir Hazar Khan Marri.

1977: After the imposition of martial law by Gen. Zia ul Haq, general amnesty was declared by military governor Rahimuddin Khan.

1978: Army action ceased; development and educational policies were restarted. The conflict claimed the lives of 3,300 troops, 5,300 Baloch (militants), and thousands of civilians.

Early 1991: Khair Buksh Marri, leader of BLA, returned to Pakistan.

January 10, 2005: President Pervez Musharraf told the Baloch nationalists: “Don’t push us … it is not the 1970s, and this time you won’t even know what has hit you”.

2005: The government concentrated its attention on Dera Bugti and Akbar Bugti, after he became quite critical of the army’s presence.

Late 2005-early 2006: Pakistan military launched artillery and air strikes and sieged Dera Bugti. Many civilians were killed and 85 per cent of the 25,000-strong population fled. The town of Kohlu also came under siege; military operations occurred throughout the province.

2005: 15-point agenda presented by Nawab Akbar Khan Bugti and Mir Balach Marri.

August 2006: Akbar Bugti was killed by Pakistan Army in self-imposed hiding.

April 2009: BNM president Ghulam Mohammed Baloch and two other nationalist leaders Lala Munir and Sher Muhammad were abducted and killed; this led to riots and unrest in Balochistan.

August 2009: Khan of Kalat Mir Suleiman Dawood declared himself ruler of Balochistan and formally announced a Council for Independent Balochistan.

Mid 2010: ‘Killing the killers’ campaign against Baloch insurgents increased.

2011: 107 new cases of enforced disappearances.

2003-2012: Nationalists claim about 8,000 people were kidnapped by security forces in Balochistan. The government disputes the claim.

Why did the Foreign Minister shy away from the issue of Balochistan in her address to the United Nations?

by Stewart Sloan

In her presentation to the UN Human Rights Council at the Universal Periodic Review the Foreign Minister, Hina Rabbani Khar painted a rosy picture of the progress that Pakistan has made over the past four years. However, it was what Khar did not talk about that raised the ire of her audience at that function and around the world. Amongst the items that she failed to mention was the situation in Balochistan.

Balochistan is the largest of the four provinces of Pakistan with a total area almost one half of the entire country. Conversely in terms of population it has the lowest number of people, just fewer than eight million. The province is bordered by Afghanistan to the north and north-west, Iran to the south-west, the Arabian Sea to the south, Punjab and Sindh to the east, and Khyber Pakhtunkhwa and FATA to the north-east. The capital city, which is the largest in the province, is Quetta

In 1947 the ruler of Balochistan agreed to join Pakistan on the condition that the defence, currency, foreign office and finance would be controlled by the federal government but that the province would remain otherwise autonomous. However, after death of Muhammad Ali Jinnah Balochistan, along with other princely states was merged into Pakistan. Since then a small group of Baloch nationalists have been in conflict with the Federal Government which has led to an endless series of enforced disappearances and extrajudicial killings; the vast majority of which the government of Pakistan has turned a blind eye to.

Balochistan is rich in natural resources including gold and copper, a fact that the government of Pakistan, and the military, has been quick to take advantage of.

The Frontier Corps (FC), one of the paramilitary forces of Pakistan is based in Peshawar and Quetta and is responsible for protecting the western border regions. Responsible to both the Ministry of States and Frontier Regions and to Army Headquarters the FC comprises of 14 units based in the North-West Frontier and sixteen units based in Balochistan. It is believed that the FC is responsible for the vast majority of enforced disappearances and extrajudicial killings that take place in Balochistan. It is also an established fact that they have torture cells in all the major towns and cities. This is borne out by a large number of reports and appeals issued by human rights bodies.

Most of the killings carried out by the FC occur after the enforced disappearances of students, activists and others. The victims are taken in broad daylight from public places in full view of passers-by, often the abductors are accompanied by police officials. When the family members attempt to file First Information Reports at the police stations the officers refuse to record them due to the involvement of the FC. The victim’s families are then forced to go to the courts who then order the army to respond to the charges. However, showing their complete contempt for the civilian establishment the army never complies. What happens next though is that once they know that the courts and the public are fully aware that the disappeared person is in their custody they get rid of the evidence by extrajudicially killing the victim and dumping his body on the road side. The number of such killings is estimated to be in the region of 400 for this year alone. However, nationalist groups claim that up to 8,000 persons have been disappeared. There are also reliable reports that 141 children and 315 women who have gone missing are being held or used as labourers in military camps.

Just one example of the enforced disappearances is the case of Fareed Ahmed Baloch, the son of Haleem Ahmed Balcoh. Fareed Baloch, a final year student of the Balochistan Engineering and Technology University, was abducted from outside the check post of Frontier Corps (FC) at Sariab road, Quetta, on February 9 after 6 pm when he was travelling with his cousin in a three wheeler. He was stopped at the check point by the FC persons along with some persons who were in plain clothes and taken away in a jeep with no registration number. His cousin, Changez Gichki, tried to intervene and was severely beaten and his cell phone was also snatched along with his wallet. Fareed Baloch was the president of Baloch Students Organisation (BSO-Azad) of district Khuzdar, Balochistan. Since then his abduction by the FC his whereabouts are unknown.

Sadly, as mentioned above it is increasingly difficult to lodge an FIR with the police because they know full well who is behind the abduction. To make matter worse the families of the victims get little relief from the courts. For example, on April 13, 2011 the three member bench of the Supreme Court of Pakistan under the supervision of Justice Javaid Iqbal heard cases of missing persons. Family members of victims whose loved ones were allegedly abducted by state agencies came before the court and provided the details of their cases. The simple fact is that the officers of the FC do not bother to attend court because they have no fear of judicial action being taken against them.

The relatives of the disappeared persons pointed out to the court that they were tired of testifying before judicial bodies as no apparent results had been seen. They also announced that they would not record their statements in future and that, to their knowledge, others would do the same as it was becoming increasingly evident that the judicial bodies set up to investigate enforced disappearances were simply ‘going through the motions’.

The enforced disappearances and extrajudicial killings are the responsibility of the government. Calls for the government to bring the military to heel go unheeded and unless and until the government takes a firm stand these atrocities will continue. President Zardari’s policy of appeasement towards the military will not save him if the armed forces decide that his usefulness has come to an end. Pakistan has suffered most of the 62 years of its existence under military dictatorships. Unless the government wants to find itself unemployed it must clamp down on abuses by the military in general and the Frontier Corps in particular. Only then will the human rights abuses, enforced disappearances and extrajudicial killings in Balochistan and other provinces of the country come to an end.

Hina Rabbani Khar should understand that not mentioning a problem does not mean that the problem does not exist.

 

Balochistan Situation Will Only Improve When the Province Gets Rid of the Corrupt Leaders

Billions have been given to the the legislators in Balochistan during the past four and a half years under democracy as additional revenue but it has not helped reduce miseries of masses.

Balochistan has always held the centre responsible for its underdevelopment but now the chieftains cannot absolve themselves of responsibility as Balochistan has received unprecedented funds under the seventh NFC award and more autonomy after the 18th Amendment.

Budgetary outlay of the province has been doubled, divisible pool share has increased by 4 percent, it is getting Rs 12 billion annually as gas development surcharge while revenue receipts are up by 95 percent.

Increased revenue has only helped provincial government buy a new aircraft and escalate discretionary funds of lawmakers to Rs 300 million while rural poor still live in the middle ages.

The tribal chiefs who are mostly the legislators whether at national or provincial level have always used all the funds on personal welfare while blaming centre, Army, FC and ISI for their problems.

Baloch sardars are in habit of reaping benefits through violence since decades; the problem existed even before Ayub Khan’s era but it complicated when Akbar Bugti fired on Musharraf’s aircraft and was subsequently killed. What is the State suppose to do if the head of the State is attacked.

Now terrorists are getting help from 26 countries including India to destabilize Pakistan; they are also fighting security forces and attacking ISI.

Balochistan has only eight million people out of which 40 percent are Pashtoons while 20 percent Brahvis who don’t support insurgents. Insurgency is only found in Marri and Bugti areas which have 400,000 people, merely 0.25 pc of total population.

The situation will only improve when benefit reach to the poor by efficient resource management.

Solutions To Resolve the Balochistan Impasse

HRCP’s Findings

In many fundamental respects the situation had not changed in Balochistan since HRCP’s last fact-finding mission to the province in 2011. Enforced disappearances continued in Balochistan as did dumping of bodies and impunity for the perpetrators. Frontier Corps and intelligence agencies were generally believed to be involved in enforced disappearance of people. In some cases their involvement had been proved beyond doubt. Failure to punish the perpetrators or to probe that involvement in a meaningful way was aggravating the situation. The law and order situation had worsened and sectarian killings increased in all districts.

However, there were some positive changes, each with a caveat, which offered hope for improvement in Balochistan’s situation. The Supreme Court hearings in Quetta had certainly had a positive impact, although it remained to be seen if the impact would endure. The mission found youth and political activists were more willing to talk and more keen to engage in efforts to resolve the crises politically. Sincerity and reciprocity were needed to avail the opportunity. There was keen awareness that change was vital and a lot of people looked towards the forthcoming elections to deliver that change. If free and fair elections were held progressive elements were expected to participate. Some nationalists might not contest but others would. If the nationalists became part of the government things were generally expected to improve. However, lawlessness made preparation for the elections difficult for nationalist parties, many of which had constituencies in insurgency-hit districts. There were apprehensions that elections might be rigged and demands were made for national and international monitors for the elections. Law and order had prevented many parliamentarians from visiting their constituencies. As of now, the people only got a chance to go to elections once every decade. There was a general feeling that if there was genuine democracy Balochistan’s woes could have been minimised.

There were multiple layers of violence and tension in Balochistan. Law and order was a problem that cast a long shadow on all aspects of life. The crime wave that had engulfed urban Balochistan and the main highways was either a mark of collusion or utter incompetence of the authorities. The government, law enforcement and security agencies had completely failed to deal with militant / insurgent, sectarian and criminal elements.

Kidnappings for ransom had become a profitable enterprise. No perpetrator had been arrested or tried. It was difficult to see how the kidnappers could operate despite heavy security deployment. The conclusion that most people reached in Balochistan was that the criminals had not been arrested because they enjoyed the patronage of the authorities. The provincial home minister had spoken of fellow cabinet members’ involvement in this crime but no action was taken. Questions were raised as to who would give protection to the people, to the Hazaras, non-Muslims and to truck drivers who pooled money to pay ransom.

The problems in Balochistan had long been looked at in the perspective of a Baloch insurgency and Baloch rights. There was a need to have a holistic look at all the problems in Balochistan, including those faced by a substantial Pakhtun population, the Hazaras, non-Muslims and settlers as well as economic and livelihood issues in the province.

There were complaints of the state’s inability or unwillingness to protect the lives of religious minorities as well as members of some Muslim sects. Killings and harassment of the settler population by the insurgents had led to the settlers shifting to Pakhtun-majority areas or to leave the province altogether. Target killings and crime on the basis of religious and ethnic identity of the victims had grown. The continued persecution of Hazaras was as ruthless as it was unprecedented. The people the mission met said that if the authorities had the commitment to stop the killings or punish those responsible the killings could not have expanded in the manner that they had. Questions were raised about absence of ability or willingness on part of the government to protect the people from faith-based violence as well as its lack of priorities. Heightened threats including kidnappings for ransom had forced Hazaras, non-Muslims, settlers and wealthy people to migrate to other parts of the country and even abroad.

Talibanisation was growing in several areas. Unlike the past, religious fanaticism was not merely being exported to the province from elsewhere. It was now being bred in Balochistan. A growing network of madrassas had contributed to aggravation of inter-sect tensions. There were fears that the security forces were patronizing militants and Quetta was being turned into a haven for militants. There were said to be militants’ training camps in the province.

Aspiring irregular migrants from or passing through Balochistan took great risks in their quest for a brighter future and the human smugglers were only too happy to exploit them. Little was being done to address the reasons that forced people to migrate.

Unlike the past, the insurgents had systematically targeted infrastructure and development work.

Despite the government’s oft-voiced desire for a political solution to the crisis in Balochistan no progress had been made on engaging through talks the nationalist elements in Balochistan. Even preparatory steps towards that end remained lacking.

The state abdicating its basic responsibility and NGOs retreating for fear of abduction of their staff had further aggravated the crises. The government and development agencies had abandoned the troubled areas. Healthcare and education were neglected. Many good teachers had migrated. An insurgency in parts of the province did not justify the state ignoring the people’s health, sanitation and other basic needs and infrastructure, which were not affected by the ongoing strife. There were places in the province where the people, irrespective of their ethnicity, survived in conditions that were not far removed from the Stone Age. Alleviating their problems was no one’s priority.

The provincial government was nowhere to be seen in the crises. The chief minister was away from the province for a lot of time and the provincial government held meetings regarding Balochistan outside the province. The provincial government seemed to have earned a lot of discredit in a short span of time. In probably the only example of its kind, all but one member of the provincial assembly was in the cabinet. After the 18th Amendment and the National Finance Commission Award, more funds had certainly become available to Balochistan but those did not seem to have trickled down. A general observation was that corruption had spiked by the same margin.

The government had shown little interest in shoring up sagging economic activity and businesses. The industry had collapsed, natural resources had not been tapped nor the requisite expertise created and agriculture that was the mainstay of a large part of the provincial economy was in ruins because of drought-like conditions and lack of irrigation water amid plummeting water table, debilitating electricity shortages and absence of delay-action dams.

The total electricity need of Balochistan was very small compared to the needs of the other provinces. Yet the people in the province faced excessive electricity suspension. The people demanded that the government should accept an Iranian offer to supply 1,000 megawatts of electricity to Pakistan and use the same in Balochistan.

There was a widespread feeling that the national media had abandoned Balochistan and not given as much coverage to the events and incidents as their importance demanded. Even when whole cities were shut down during a strike the media did not report that. Journalists in the field felt threatened from the security forces, militants and insurgents. The people in the districts affected by the insurgency in general and journalists in particular felt like hostages. If they said one thing they were traitors to one side and if they did not they were traitors to the other side. The stories that the journalists did file were often covered only in Balochistan editions of publications by national level media organisations. That prevented the people elsewhere in Pakistan from getting the true picture of the situation in the province.

Members of the mission were shocked at the glut of sophisticated firearms in Balochistan and the people’s easy access to them. It defied belief that huge quantities of weapons could pass through a series of check-posts when the common citizen was stopped even for carrying a knife. Had there been sincere efforts to curtail the free flow of weapons they would certainly have made a difference.

The people generally expressed faith in the Levies force because of it being a local force. Police was not well respected.

All investigations in Balochistan today seemed to end as soon as claims of responsibility were made by one militant or insurgent organisation or the other. It was a free for all and in cases of target killings or even common crime any investigation or prosecution worth the name was gene

http://www.hrcp-web.org/showprel.asp?id=295

The moderate and genuine Baloch demands are listed here:

Military operation must end unconditionally and immediately.

All those Baloch who have been forcibly disappeared by FC and are missing must be released and allowed to re-join with their family
members and law-enforcement officers, including military officers, who broke the law or committed crimes against Baloch citizens must be brought to justice.

Hefty and direct compensation in a transparent mode to the families of all those who got killed, kidnapped and tortured.

Homeless I.D.P.s must be returned to their hearth and home with honor and dignity, rehabilitated and compensated.

The mostly Pashtun-based Frontier Corps, which have intentionally been deployed to create bad blood between the Baloch and Pashtuns, must be removed from all Baloch cities and towns in Balochistan and replaced by local Balochs; all the FC check post should
be dismantled in Balochistan; the Pastun-based Frontier Corps should be deployed along the Afghan border in Pashtun areas.

All Afghan refugees living in Balochistan must be returned back to Afghanistan and their names removed from the voter registration lists.

The historic territorial integrity and demography of Balochistan, land of the Baloch, must not be changed.

Balochistan’s boundaries to be redrawn based on historical, ethnic and linguistic line and all Pashtun areas of Balochistan should be joined with Khyber Pakhtunkhwa province.

Gwadar port and Balochistan’s natural resources must be used to uplift the Baloch people.

Baloch secular national identity and culture must be honored, preserved, restored and respected.

Balochi language must be declared Balochistan’s primary language of learning.

Center should only keep defense and currency and all other departments, including foreign relations and foreign trade, should be given to provinces with full provincial autonomy.

Baloch, especially the ordinary middle classes, must be well represented at all the federal level and in foreign services to remove their sense of deprivation and alienation to make them feel counted citizens.

London-based international human rights campaigner Peter Tatchell Calls For Referendum to Ascertain Wishes of Balochi People

London-based international human rights campaigner Peter Tatchell, Director of the Peter Tatchell Foundation.

He is today reiterating the “road map for self-determination” that he outlined at the conference on the future of Balochistan, held earlier this year at the Royal Society in London and organised by UNPO, the Unrepresented Nations and Peoples Organisation.

Mr Tatchell reemphasised that the major challenge for the Baloch people is “the absence of a programme to deescalate the conflict, end human rights abuses and secure a negotiated political settlement leading to self-determination for the people of Balochistan.”

“There are many laudable aims from many different sectors of the Baloch national democratic movement. But there is no agreed plan on how to get from where the Baloch people are now to where they want to be in the future.

“A plan and unity are vital for success.

“Without a concrete plan for peace and self-determination it will be much more difficult to secure the support of the international community. They want to see a consensus on how the nationalist movement proposes to solve the conflict.

“The Baloch people can put Pakistan on the spot by offering a negotiated political settlement and setting out the means to achieve it.

“I speak as a friend of Balochistan who is mindful that the future of Balochistan is a matter for the people and national democratic movement of Balochistan. It’s not up to me or any other outsider to make any such decisions. I offer advice, experience and knowledge but the future of Balochistan must be decided by the Baloch people.

“What I’m doing is offering a few ideas for consideration. These ideas are not mine alone. They are the result of discussions I had with a group of Baloch national activists in Geneva in 2010, when we went there to lobby at the United Nations.

“This is our draft road map for peace and self-determination:

“First, there should be a ceasefire and the cessation of military operations by all sides; with Pakistan agreeing to withdraw troops and paramilitaries to barracks, halt the construction of new military outposts and permit independent monitoring and supervision by UN observers and peacekeepers.

“Second, all political prisoners should be released and the fate of all disappeared persons accounted for.

“Third, there should be unfettered access to Balochistan by news media, aid agencies and human rights organisations.

“Fourth, displaced refugees should be allowed to return, have their properties restored and receive compensation for losses caused by the conflict.

“Fifth, the population transfer of non-Baloch settlers into Balochistan should end.

“Sixth, there should be a UN supervised referendum on self-determination, offering the people of Balochistan the options to remain part of Pakistan, greater regional autonomy and full independence.

“These six ideas are only tentative, draft proposals. They are open for further discussion, refinement and amendment. But they are a starting point for a united front for Baloch emancipation. Surely all Baloch nationalists, whatever their other differences, can agree with them?

“My advice is: concentrate on the issues around which you can unite and then the Baloch movement will be stronger, more effective, and you’ll be taking the first step on the road to a long-delayed, much-deserved freedom,” said Mr Tatchell.

Further information:

Peter Tatchell
Director of the Peter Tatchell Foundation
London UK – 0207 403 1790 [From outside the UK -   +44 207 403 1790 ]
Peter@PeterTatchellFoundation.org
www.PeterTatchellFoundation.org 

Strengthening Inclusive Political & Socio-economic Processes in Pakistan

Pakistan was conceived as a people’s welfare state but exponentially became a security state where the welfare of the people was sacrificed at the altar of the military establishment.

The security of people’s constitutional, fundamental and human rights, lives and property, economy and social services, basic responsibility of the state which it has abrogated, was precarious since the inception of Pakistan as an independent and sovereign state with the first Constitution being formulated as late as 1956 and deteriorated especially after 1958 when the first military coup took place and a new constitution was formulated in 1962. Subsequent military regimes further perpetuated the military’s dominance through amendments in the third but consensus Constitution of 1973 and politics to the detriment of political democracy, people’s Socio-economic development, sovereignty and security.

The HDI for Pakistan is 0.551, which gives the country a rank of 136^th out of 177 countries. Pakistan is one of the poorest countries with 66% of the total population living on less than US$ 2 a day. Over 40% of the total population of Pakistan continues to live below the poverty line. The current price hike and inflation, rampant corruption, elected but non-representative political leadership have further adversely affected the situation and worsened peoples’ vulnerabilities, vividly manifested in the good governance vacuum. Based on the historical perspective of Pakistan; underlying causes of poor governance are identified as issues of political instability, consistent military interventions in governance, uneven distribution of resources, poor human resource development, lack of supremacy of law, concentration of power and resources in the hands of a small percentage of population i.e. ruling elite, and the State’s abrogation of its responsibilities to provide services, good governance and social justice.

Foreign, defense, and domestic security policies are dominated by the military establishment’s mindset which undermines any civilian government’s efforts for peace with neighboring countries and within the country. The military’s perception of external and existential threat is India centric due the unresolved Kashmir, Siachen and Sir Creek issues with a history of 3 wars and the Kargil misadventure. Militarily and economically being the weaker state, Pakistan’s military turned to the US and its allies by signing the SEATO and CENTO treaties while adopting the doctrine of the “Fifth Column” strategy. Created Jihadi militant groups to infiltrate Indian Held Kashmir and conduct guerrilla warfare with the objective of inflicting substantial damage to the Indian military. Pakistan’s military strategists subscribing to outdated doctrines hoped to resolve the issue by proxy wars instead of putting moral pressure through conforming to UN resolutions for a Plebiscite in both Indian and Pakistan held Kashmir by withdrawing its military forces and allowing UN peace keepers to take over AJK. This would have placed the International and UN pressure on India to do the same thus resolving the contentious issue peacefully.

The Pakistani state’s violations of Constitutional, Fundamental and Human Rights of people’s sovereignty and security also needs to be addressed. Balochistan which received provincial status in 1970 has been subjected to state violence since its, legal or illegal is still debated, accession to Pakistan in 1948. It has faced military operations in 1948, 1958, 1962-68, 1973-77 and the ongoing since 2004, only because the Baloch have been demanding Provincial Autonomy with control over their natural resources. The latest is the most brutal with the ISI and Frontier Corp having been given carte blanche police powers to abduct, torture and hold incognito, without recourse to courts, extra judicial murders and dumping of mutilated, tortured, shot in the head at point blank range bodies of reported missing persons in desolate places allegedly through mercenary gangs. The Baloch claim some 1,300 missing persons and over 450 killed.

The intellectually bankrupt and financially corrupt civilian ruling elite along with the civil/military bureaucracy has over the years contributed to abrogation of the state’s responsibilities, bad or at times no governance for their personal vested financial interests, corruption and feudal mindset. This, 5% of the population, autocratic ruling elite has accumulated 85% of the national wealth over the last 65 years and continues to siphon off these monies to banks and investments in Europe, Middle East and the American continent. The energy crisis, railways, steel mills, OGDC, PIA, security of life and property in Karachi, Balochistan, FATA, and Gilgit Baltistan, the Jihadist and terrorist groups are the result of defective regional, political, foreign, defense, fiscal analysis and policies, bad enough during the previous military regime have become worse and close to default under the present civilian government.

While making, some meaningful some not so meaningful, changes in governance the third tier of governance, Local Government; the essence of democratic governance; has been abolished by the provinces reverting back to the colonial local bodies system of the Zia-ul-Haq’s military era under the 18^th Amendment. This perpetuates selective power structures at the district level while safeguarding the feudal interests of the autocratic political parties. No single political party can claim democratic dispensation within its own ranks and are actually two faces of the same coin. Familial hegemony rules all political parties and is based on personality and the pursuance of particular interests instead of showing commitment to collective interests and values.

The military’s ascendency and domination of the political sphere in Pakistan stems from the propagated Indian threat perceptions to the existence of the country in the light of the unfinished agenda of partition mainly the Kashmir issue. Making this the rationale for having such a large military which infringes on socio-economic budgets to the tune of 40% of the annual budgets directly while repayment of international loans taken to purchase expensive weaponry and hardware takes up some 25%. The three pillars of governance, Executive (and its bureaucratic branches), Legislature and Judiciary, have been constantly pitted against each other, institutions weakened, undemocratic governance promoted with the advantage being taken by the military establishment.  Governance in Pakistan is based on arbitrary policy making, unaccountable bureaucracies, unenforced or unjust legal systems, the abuse of executive power, a civil society unengaged in public life, and widespread corruption.

It is also evident that the menace of terrorism having transnational networks and outreach cannot be effectively combated by any country in isolation. It is imperative therefore to develop an effective collective approach at the SAARC level. It is noteworthy to mention that a SAARC Convention on combating terrorism (1987) is in existence and has been ratified by all member states.

Balochistan Province context

Balochistan is in the throes of another military sponsored bloody genocidal civil war since 2004. The Baloch claim over 1,300 missing persons and more than 450 brutally tortured, mutilated, shot at close range bodies of missing persons dumped near roads and towns to instill fear in the Baloch nationalists who were demanding their Constitutional, Fundamental, Human rights and control over natural resources. Break away nationalist forces from the mainstream political parties are now beginning to demand cessation and an independent Balochistan as their experiences of broken promises and agreements, and dismissal of elected governments after resistance wars in 1948, 1958, 1962-68, 1973-77 and the ongoing genocidal war; have hardened their resolve to throw off the yoke of oppression, repression of their legitimate Constitutional, Fundamental and Human rights by the Pakistani security state.

Before Balochistan was able to wrestle provincial status in 1970, it too was ruled under the FCR in a similar manner as FATA. The President and Governor of West Pakistan ruled the Kalat State through political agents just as the British colonial powers did; with an iron hand, denying the Balochistani’s their Constitutional, Fundamental and human rights, control over natural resources or benefits thereof. Baloch nationalist leaders like Nawab Nouroz Khan and six of his sons and nephews (1960), Lavangh Khan Mengal, Safar Khan Zehri, Asad-ullah Mengal, Ahmed Shah Kurd (all between 1973-77), Ghulam Mohammad, Lala Munir, Sher Mohammad, Nawab Akbar Khan Bugti, Nawabzada Balach Khan Marri, Habib Jalib, Ghulam Mohammad Dashti, (all killed since 2006) have been murdered in extra judicial targeted killings by the security establishment and their proxies. These are just a few names of well known Baloch leaders while there are thousands more political and student activists killed in the wars and most in the present ongoing civil war. Balochistan desperately needs to be stabilized in as short a time as possible by the Pakistani Federation.

Balochistan as a whole is under great political, socio-economic stress due to the law and order situation (civil war) in the province. Human rights violations are an everyday occurrence by state institutions and non state actors. Sectarian and ethnic violence has also been steadily increasing since 2007. The Federal and provincial governments seem to be helpless and without any serious strategy to end the conflict in Balochistan. Mutilated, tortured shot at close range bodies of Baloch nationalist political activists are found nearly every day while non-Baloch settlers in the province are also under constant threat to their lives and property. Civil society organizations in general are unable to work in the province due to restrictions by law enforcement agencies and government. Due to the ongoing conflict in the Bugti and Marri thousands of IDPs have been forced to seek refuge in the adjacent districts of Jafferabad, Naseerabad, Bolan and Sibi. No governmental support has been provided to them and civil society organizations have not been allowed to provide any support either. Jafferabad shares a common border with district Dera Bugti on the Sobatpur and Dera Allahyar tehsils border and are susceptible off and on to militant attacks on gas pipelines, electricity pylons etc.

Definition of Governance           

The concept of “governance” is not new. However, it means different things to different people therefore we have to get our focus right. The actual meaning of the concept depends on the level of governance we are talking about, the goals to be achieved and the approach being followed. The concept has been around in both political and academic discourse for a long time, referring in a generic sense to the task of running a government, or any other appropriate entity for that matter. In this regard the general definition provided by Webster’s Third New International Dictionary (1986:982) is of some assistance, indicating only that governance is a synonym for government, or “the act or process of governing, specifically authoritative direction and control”. This interpretation specifically focuses on the effectiveness of the executive branch of government.

The working definition used by the British Council, however, emphasizes that “governance” is a broader notion than government (and for that matter also related concepts like the state, good government and regime), and goes on to state: “Governance involves interaction between the formal institutions and those in civil society. Governance refers to a process whereby elements in society wield power, authority and influence and enact policies and decisions concerning public life and social uplift.” “Governance”, therefore, not only encompasses but transcends the collective meaning of related concepts like the state, government, regime and good government.

Many of the elements and principles underlying “good government” have become an integral part of the meaning of “governance”. John Healey and Mark Robinson define “good government” as follows: “It implies a high level of organizational effectiveness in relation to policy-formulation and the policies actually pursued, especially in the conduct of economic policy and its contribution to growth, stability and popular welfare. Good government also implies accountability, transparency, participation, openness and the rule of law. It does not necessarily presuppose a value judgment, for example, a healthy respect for civil and political liberties, although good government tends to be a prerequisite for political legitimacy”.

The definition of governance provided by the World Bank in ‘Governance: The World Banks Experience’, as it has special relevance for the developing world:

“Good governance is epitomized by predictable, open and enlightened policy-making, a bureaucracy imbued with professional ethos acting in furtherance of the public good, the rule of law, transparent processes, and a strong civil society participating in public affairs. Poor governance (on the other hand) is characterized by arbitrary policy making, unaccountable bureaucracies, unenforced or unjust legal systems, the abuse of executive power, a civil society unengaged in public life, and widespread corruption.”

The World Bank’s focus on governance reflects the worldwide thrust toward political and economic liberalization. Such a governance approach highlights issues of greater state responsiveness and accountability, and the impact of these factors on political stability and economic development. In its 1989 report, From Crisis to Sustainable Growth, the World Bank expressed this notion as follows:

“Efforts to create an enabling environment and to build capacities will be wasted if the political context is not favorable. Ultimately, better governance requires political renewal. This means a concerted attack on corruption from the highest to lowest level. This can be done by setting a good example, by strengthening accountability, by encouraging public debate, and by nurturing a free press. It also means … fostering grassroots and non-governmental organizations such as farmers’ associations, co-operatives, and women’s groups”.

Apart from the World Bank’s emphasis on governance, it is also necessary to refer to academic literature on governance, which mostly originates from scholars working with international development and donor agencies. The majority of these scholars have concentrated almost exclusively on the issue of political legitimacy, which is the dependent variable produced by effective governance. Governance, as defined here, is “the conscious management of regime structures, with a view to enhancing the public realm”.

The contribution of Goran Hyden to bring greater clarity to the concept of governance needs special attention. He elevates governance to an “umbrella concept to define an approach to comparative politics” an approach that fills analytical gaps left by others. Using a governance approach, he emphasizes “the creative potential of politics, especially with the ability of leaders to rise above the existing structure of the ordinary, to change the rules of the game and to inspire others to partake in efforts to move society forward in new and productive directions”. His views boil down to the following:

Governance are conceptual approaches that, when fully elaborated, can frame a comparative analysis of macro-politics. Governance concerns “big” questions of a “constitutional” nature that establish the rules of political conduct. Governance involves creative intervention by political actors to change structures that inhibit the expression of human potential. Governance is a rational concept, emphasizing the nature of interactions between state and social actors, and among social actors themselves. Governance refers to particular types of relationships among political actors: that is, those which are socially sanctioned rather than arbitrary.

It is clear that the concept of governance has over the years gained momentum and a wider meaning. Apart from being an instrument of public affairs management, or a gauge of political development, governance has become a useful mechanism to enhance the legitimacy of the public realm. It has also become an analytical framework or approach to comparative politics. 

Governance institutions in Pakistan have not been allowed to evolve in a democratic framework by the periodic interruptions of the process by military interventions. This has led to weakening state structures, while promoting arbitrary and nepotistic mindset within these structures thus promoting corrupt practices and bad governance. Rationality and common sense have disappeared from the body politic to the extent that the Constitution has been relegated to pieces of paper which can be thrown into the dustbin, not only by the military dictator but also by civilian governments. The rule of law does not exist while rules and procedures for provision of social justice to the people are deliberately skewered towards safeguarding the interests of the ruling elite and thus discriminatory and disenfranchising towards the common person.

Constitution

The fault lies not only in the implementation of the law and policies but in the Constitution itself which in many cases either is silent or weak on transparency, accountability, checks and balance and at the same time some Articles and Clauses are contradictory and exclusionary instead of being inclusive of all peoples and regions. To take an example let us compare Article 1, 246 and 247. The Constitution is applicable to all territories of Pakistan.

Articles 1, 246 and 247 can be seen to be contradictory in terms of democratic governance and violation of the Fundamental rights enshrined in the Constitution as 246 and 247 exclude these areas and peoples from Constitutional governance while promoting one man rule, that of the President through the governor and political agent. The 1901 colonial law known as the Frontier Crimes Regulations (FCR) (still in vogue) violates the Fundamental rights of the people of these areas through the “collective responsibility” of the tribe in cases of crimes by individuals. Apart from holding the men, women and children of the criminal person’s tribe are held responsible to bring the criminal to, first the tribal jirga which enforces punishment citing traditional and customary practices like VANI, settlement of dispute through compensation by giving offender’s family girls in marriage to the aggrieved party, secondly re-enforced by the political agent which constitutes Human and Fundamental rights violations. There are many other violations of rights in all spheres of life. The peoples of FATA and PATA are thus denied citizenship rights by this exclusion.

There are many such provisions in the Constitution that need to be repealed or amended like the 8^th Amendment, Law of Evidence, Blasphemy, Qisas and Diyat etc; introduced by military dictators.

The Election Commission

Ostensibly this provision of the Constitution presents a democratic and credible framework for the formation of the Election Commission. Unfortunately, since the election commission is not a permanent body i.e. the Chief Election Commissioner’s and officer’s at the Federal and Provincial level tenures are time bound and thus dependent on Parliament’s and Prime Minister’s pleasure it cannot function independently and invariably comes under political pressure. This situation needs to be rectified and the Election Commissions, both Federal and Provincial, made permanent until resignation or retirement to avoid the political pressures in conformity to International free and fair election commissions and practices.

Parliament

The inclusion of theology, in the shape of Aalim or Ulema, in a representative body through proportional representation from the provincial assemblies brings in the element of non-secularism leading to conflict over laws within the body politic. At the same time proportional representation election of women into parliament is counterproductive for women’s political empowerment. Wives, sisters, daughters and family members, friends of the ruling elite are listed and elected to seats reserved for women. This has a negative effect on the credibility of the women thus elected. At the same time the indirect elections lowers the status and prestige of the Senate especially when the house (supposedly the upper house) has no direct legislative and fiscal powers. Since the Senate has equal representation from all provinces it must be made the final approving house for all legislation and fiscal policies, which can only happen if all members are directly elected. The reserved seats for women, minorities etc in both houses should be continued but instead of proportional representation should be filled through direct elections while increasing these seats to 30% (17% at the moment). This will ensure greater representation and transparency. The house majority thus gained would be democratic while allowing space to candidates other than families of the ruling elite.             

Judiciary

An independent Judiciary is a prerequisite for democratic good governance, checks on the Executive, bureaucracy, administration, while interpreting the Constitution and protecting the fundamental rights of the common people from abuse and violation of their rights by the state. Reforms are needed in the judicial system while ensuring access to justice in a timely, economical manner. The maxim “justice delayed is justice denied” holds true in Pakistan today as cases linger on for years without resolution. The District, Sessions, High and Supreme Courts are over burdened with thousands of case backlog. The system may have to be extended by establishing High Courts at the district level while the SC benches at the provincial level may need more judges. 

The Military establishment must not be allowed to dictate Foreign, Domestic, and Security policy to the Executive and Parliament, which it does to justify its disproportionately large establishment and demands on the exchequer as a political power broker. It has to remain within the parameters defined in the Constitution and the Military Act and not interfere in the realm of governance or policing. The Turkish example must be studied on how Turkey has gradually over the last ten years been able to bring the military under control of the Parliament and the Executive. The Military Act has to be amended to include such laws, rules that restrict the military high command from the adventurism it has indulged in over the past 53 years. This can only happen if the democratic process is allowed to function free of the fear of military coups through empowerment of a truly representative Parliament and Executive with a people’s centered agenda.

As is evident from this Article 245(2), (3), the Supreme and High Courts are barred from protecting the public or questioning the violations of Fundamental, Human Rights by the Armed Forces while acting in aid of civil power.

The fundamental rights are violated by the military, paramilitary, intelligence and law and order agencies (police) nearly every day even in the non-conflict areas. The system comprises of ill trained, corrupt staff operating under constant feudal and political pressures. The police system needs to be reformed with modern forensic and investigative techniques, training and made independent of the politicians.

Local Government

Good governance cannot be ensured if there is delink between the people and the state institutions. In the case of Pakistan many experiments have been done to bring about linkages and representation from the grass-roots but all except one have failed to bridge this gap. The one that could be termed as the nursery for grooming politicians was the system introduced albeit by a military dictator.

The three tier Local Government System

In the execution of this system there were certain systemic and legal gaps and was misused by the ruling elite in as much as getting family members elected and bringing in their own brand of corruption to it. It is noteworthy that this system empowered women, peasants, labor and minorities at the village level for the first time in the political history of Pakistan. To some extent (conceptually) it mimicked the Kerala model institutionalized by India in 1974 upon the Justice Sen report on local governance through the 74^th Amendment. Unfortunately Pakistan did not give constitutional cover to the system and after the 18^th Amendment the subject devolved to the provinces that not only abolished the system but are planning to revert (Sindh has already reverted) to the Commissioner led system of local bodies of another military dictator because that gave a stronger political hold to the Chief Ministers, provincial governments and bureaucracy. This system has always been illegally used to get cronies elected to the provincial assemblies and the National Assembly.

It is, therefore, essential to pressurize the provincial governments to continue with the Local Government System of 2002. Gaps and lacunae can be addressed through amendments and reforms but peoples centered governance can only be delivered through genuine representation and development at the grassroots level.

Conflict and Peace 

Conflicts within the country and regionally have been driven by the military’s interventions in the democratic process and domination of Pakistan’s Foreign, Domestic, Security policy domain. It is difficult to attain good governance practices in such a scenario and therefore there is a need to strengthen democratic processes, Parliament and civilian rule conforming to the constitution, ensuring social justice and fundamental rights of the people and by ensuring the peoples socio-economic and political participation and development in a peaceful environment.

How to Find a Permanent Resolution of the Balochistan Situation?

Political History and Conflict

• Baloch tribes migrated from Aleppo region, Iraq/Syria about 800 to 900 years ago
• Kalat State, a loose tribal confederacy established by Nasir Khan I in 1666
• State governance through 2 houses of Parliament Dar-ul-Umra and Dar-ul-Awam
• British Colonialist only administered “British Balochistan” Bugti, Marri, Bolan, Quetta areas (Northern parts of Balochistan)
• Kalat State never a part of British India
• Balochistan at Partition Offered 3 options by British
• Accede to India
• Remain Independent as British Protectorate
• Accede to Pakistan
• First 2 options rejected by Kalat State
• Accession negotiations with Pakistan started
• Negotiation agenda not completed by 11^th Aug 1947
• Standstill agreement signed on 11^th August 1947 between Jinnah and Khan of Kalat
• Pakistan independence announced 14^th August 1947
• Balochistan declared independence 15^th August 1947
• Accession talks to continue between Pakistan and Balochistan
• Khan of Kalat, Ahmed Yar Khan gifts one ton of gold to Jinnah to help in running of new born dominion of Pakistan
• Accession document finally signed by Khan of Kalat, Ahmed Yar Khan, under immense pressure from Jinnah in 1948 without mandate from Kalat Parliament.
• Khan of Kalat imprisoned immediately after signing under pretext of rebellion. Prince Agha Abdul Karim, brother of Khan, took to hills in protest for bifurcating Makran, Kharan from Balochistan. Known as first resistance war.
• Lasted just 3 months or so, surrendered and imprisoned. Both released after 2 years
• Balochistan governed like FATA through a Political Agent from 1948 to 1970 with people without citizens rights as in other parts of Pakistan
• Made part of One Unit to gain population parity with East Pakistan in 1956 but excluded from Constitutional cover
• Gas discovered in Bugti area in 1952 piped all parts of Pakistan except Balochistan. Akbar, Pakistan’s Minister for Defense resigns in protest to overnight legislation on all natural resources above and below ground belonging to God and the State negating 5% share of revenue to locals under 1935 India Mining Act. Bugtis agitate. Burma Shell negotiates land rent deal to pacify Akbar and Bugti tribesmen
• October 1958 Sardar Nauroz Khan with 3 sons and 4 nephews took to the mountains against political/administrative status of Balochistan and in protest against Pak Army invasion of Kalat town, taking Flag down and disbanding Baloch militia imprisoning Khan for 10 years under house arrest in 10 Q, Gulberg, Lahore
• Brig. Tikka Khan negotiated with Nauroz to surrender on oath of Quran & promised to meet their demands
• Nauroz, sons & nephews imprisoned in Hyderabad Jail tried and sentenced to death
• Sons & Nephews on the gallows asked for Quran to be put around their necks so that it could be hung along with them
• Nauroz died at age 90 in 1960 in Sukkur  Jail
• Sher Mohammad Marri took to mountains in 1962
• Led Marri guerrilla force fought against One Unit & for Provincial status till 1968
• Air Marshal Noor Khan, Governor West Pakistan, negotiated cease fire & promised Provincial status
• Balochistan given Provincial status 1970
• NAP (National Awami Party) won simple majority in Elections of 1970 & formed coalition govt. with JUI of Maulana Mufti Mahmood in June 1972
• ZAB dismissed first elected provincial government in February 1973 on insistence of Shah of Iran amid trumped up charges. The Shah financed the war that ensued
• Siege of Marri, Mengal areas enforced where no food allowed into these areas
• Balochistan suffering from 3 years drought
• Marri tribesmen retaliate after 3 months of siege conditions in May 1973
• All Baloch & Pashtoon NAP leaders arrested in August 1973 after Baloch leaders refuse to sign new Constitution over provincial autonomy Clauses and Articles
• Balochistan Peoples Liberation Front formed
• A group of young men from Punjab & Sindh join BPLF
• 4 year civil war ensues
• Baloch civilian/non-combatant casualties 15,000, Baloch guerrilla losses 200, Army casualties estimated between 3,000 to 5,000
• Nearly 10,000 Baloch families take refuge in Afghanistan (70,000 women, men, children) from 1974 till 1992
• General Zia’s coup dislodges PPP government of Zulfiqar Ali Bhutto
• War ends in July 1977
• January 1978 Hyderabad Tribunal trying NAP leaders disbanded, leaders released under a general amnesty by Zia
• Gas delivered to 5 district headquarters in 1985 by Gen. Zia
• From 1977 to 2002-3 Balochistan peaceful with Baloch elected provincial governments with no real fiscal autonomy
• Underlying issue of control over natural resources and provincial autonomy not addressed

The beginnings of current Conflict

• Akbar Bugti takes lead in dealing with Federal Government on control over natural resources, gas royalty, land rent under gas instillations, Gawadar port and provincial autonomy
• 2 negotiating commissions (Chaudary Shujaat/Mushahid & Wasim Sajjad) begin negotiations with Akbar Bugti
• Negotiations breakdown and stalemate due to Musharraf’s intransigence on accepting any of the demands put forward by Akbar on behalf of Baloch nationalists
• Musharraf takes Akbar’s demands as personal affront promising teaching lesson at Zhob public meeting after his copter fired upon and rocket attack at Kohlu by BLA not Akbar
• Dr. Shazia Khalid raped by Capt. Hammad of the FC
• Akbar demands handing over Hammad for trial under Baloch code of honor, sends armed group to capture him unsuccessfully
• Dr. Shazia & husband paid monies and exiled to UK; Hammad whisked away to safety in cover up
• MI plans FC attacks on Dera Bugti nearly killing Akbar with mortar fire; killing 30 people mostly Hindu families living next to Akbar’s House/baithak
• Akbar driven out of Dera Bugti into Marri area
• August 2006, 82 year old Akbar, suffering & dying of carbuncle, killed by missile attack

Army & Intelligences agencies tactics to suppress Baloch

• Turf war between ISI and MI comes to light with IB acting as eyes and ears
• Abductions, arrest without warrant, holding without trial for years, finally dumping tortured, bullet riddled bodies in desolate places reminiscent of the 70’s war when tortured Baloch were dropped from helicopters by (late) Brig. T.M. Shah of the SSG. Nearly 1,300 people allegedly still missing
• Criminal gangs, assassins hired by MI, ISI to target settlers to transform wave of sympathy in Punjab over Akbar’s killing into hatred providing them with service cards and arms
• Destruction of homes suspected of being supporters of the resistance
• Humiliation on the streets of Quetta & all main towns of Baloch women and travelers trying to instill fear
• Torture cells in MI, ISI, FC incarceration safe houses, Kuli Camp etc
• FC personnel overwhelmingly drawn from Pushtuns of KPK giving the conflict ethnic dimensions
• Prior to 2007 sectarian violence targeting Hazara Shias nearly non-existent. LEJ, LET new entrants in to Balochistan’s sectarian divide escalating violence, targeted killings
• Driven to the wall, Baloch young leadership and youth demand secession and independence for Balochistan

Prevailing Political & Military situation, foreign interventions

Balochistan’s Provincial (PPP) government has broken all records of corruption; incompetence and no governance while Baloch areas of the province are in the throes of another military sponsored (legacy of Musharraf) bloody civil war since 2004. These ineffectual members of government are also accused of sponsoring kidnapping for ransom and protecting criminal gangs. To cover up their own incompetence and criminal activity they claim that the MI, ISI, IB and FC are running a parallel government and do not take their orders seriously. That may be the case but how assertive and effective has the provincial government been in governing the province in terms of socio-economic development?

Analysis of Baloch Groupings

Broadly speaking there are three groupings.

A) The Baloch Nationalist Political Parties who are part of the pro federation grouping. The National Party, Balochistan National Party (M) and a grouping of independents are part of this group supported by the BSO. JWP is in disarray after Akbar’s killing and does not really play any role. The ANP and Milli Party are focused in the Pashtun areas of Balochistan and are pro federation. JUI has much more of a vote bank than most other parties while JI hardly any political clout in Balochistan. PPP has been badly discredited in the last four years while the PML-N has gained in terms of popularity given its efforts to bring about conflict resolution. PTI is a new entrant and as yet has to prove itself in Balochistan and Pakistan notwithstanding the large jalsas.

B) This is the militant grouping. BLA is the oldest organization inheritor of the BPLF of the ‘70s. Basically Gazaini Marris form the nucleus of BLA but since 2006 have been able to recruit from other tribes from Sarawan, Jhalawan and Dasht area of Makran. It is the best organized and targets only military forces. The BLA has clashed with the Bijarani Marris (50% of the Marri tribe) after the split witnessed in Afghanistan between Mir Hazar Bijarani and Nawab Khair Baksh Marri who is Gazaini (35% of the Marri tribe) and thus the Bijaranis, who were the backbone of 70’s BPLF guerrilla force, have not taken an anti-Federation stand.

The BRA came into being post Akbar killing. It is manned only by Bugti tribesmen and target military forces through IEDs while they damage the gas and electricity infrastructure more than confrontation with the FC. The BLF is a very small group which is ineffectual.

The third militant group is the BLUF lead by Dr. Allah Nazar. Allah Nazar formed this group after his release from a security agency confinement where he was allegedly tortured badly in response to this treatment by the security agency. Its tactics and philosophy are similar to the BLA’s as they ascribe to Khair Baksh’s political agenda which has hardened after the alleged killing of his son Balach.

C)  This grouping is the general Baloch population which is sitting on the fence waiting to see which side the tide turns. Majority of this group is undecided and more inclined towards the Federation but the picking up of their young activist sons, brothers and fathers who so much as talk about the situation from a point of view of Baloch nationalism, incarcerated for long without recourse to judicial review, dead tortured bodies of their loved ones is turning them into supporters and provides grounds for recruitment for the militant groups.

The Baloch claim over 1,300 missing persons and more than 450 brutally tortured, mutilated, shot at close range bodies of missing persons dumped near roads and towns to instill fear in the Baloch nationalists who were demanding their Constitutional, Fundamental, Human rights and control over natural resources. Break away nationalist forces from the mainstream political parties are now beginning to demand cessation and an independent Balochistan as their experiences of broken promises and agreements after resistance wars in 1948, 1958, 1962-68, 1973-77 and the ongoing civil war; have hardened their resolve to throw off the yoke of oppression, repression and suppression of their legitimate Constitutional, Fundamental and human rights by the Pakistani security state.

Before Balochistan was able to wrestle provincial status in 1970, it too was ruled under the FCR in a similar manner as FATA. The President and Governor of West Pakistan ruled the Kalat State through political agents just as the British colonial powers did; with an iron hand, denying the Balochistani’s their Constitutional, Fundamental and human rights, control over natural resources or benefits thereof. Baloch nationalist leaders like Nawab Nouroz Khan and six of his sons and nephews (1960), Lavangh Khan Mengal, Safar Khan Zehri, Asad-ullah Mengal, Ahmed Shah Kurd (all between 1973-77), Ghulam Mohammad, Lala Munir, Sher Mohammad, Nawab Akbar Khan Bugti, Nawabzada Balach Khan Marri, Habib Jalib, Ghulam Mohammad Dashti, and recently Senator Bakhtiar Domki’s wife and daughter (Daughter and Granddaughter of Akbar) (all killed since 2006) have been murdered in extra judicial targeted killings by the security establishment and their proxies. These are only a few names of well known Baloch leaders while there are thousands more political and student activists killed in the wars and most in the present ongoing civil war. Balochistan desperately needs to be stabilized in as short a time as possible by the Pakistani Federation.

The menace of terrorism is not confined to FATA and tribal areas alone but has spread its tentacles to Karachi, South Punjab, Pashtun areas of Balochistan and some rural areas of Sindh. As yet these areas have not become militarized to the extent of FATA and the tribal areas but if mitigating measures are not taken immediately to address the sense of marginalization, disenfranchisement, insecurity and abject poverty being perpetuated by bad governance, the stability and unity of Pakistan is in grave danger of balkanization throwing the whole South Asian region into turmoil.

The intelligence agencies have continuously blamed Indian RAW, Mossad, and Afghan agencies as instigators of these rebellions. As of January 2012 the USA has taken an open stand about Balochistan after Senator Rohbacher’s Congressional hearing. Although they portray the resolution and hearing as not the official stand of the US Government but Ambassador Robin Raffial’s presence in Islamabad meeting Baloch sympathizers, students and request for a US Consulate in Quetta belie the US government’s public stance. The so-called US strategic interests in this region are rolling back Pakistan’s nuclear programme, potential Iranian nuclear programme, containing Peoples Republic of China within its own borders, access to and control over the energy resources of Central Asian Countries, Afghanistan and Balochistan along with the strategic port of Gawadar. Why have we, Pakistan, provided our enemies this situation on a platter where they can intervene in our internal affairs using discontent amongst the Baloch for their nefarious Imperialistic designs?

How can this dangerous situation be averted and nuclear armed Pakistan saved from disintegration or a war with the US and their agents? The solution lies in ensuring inclusiveness of all peoples and regions of Pakistan in democratic governance at district, provincial and federal levels; ensuring Constitutional, fundamental and human rights, accountability and transparency, checks and balance, a strong independent Judiciary and Election Commission. If the basic law of the land is flawed, exclusionary and discriminatory there is no way that Peoples Centered Good Governance can be practiced. All institutions of State must function within the parameters set out in the Constitution. Therefore it is imperative that the Constitution is amended, systemic and institutional reforms implemented without which Pakistan cannot avert the disaster.

           

Resolution:

1)      What CBMs are needed to create an environment where the Baloch political and militant leadership agrees to sit around the table to negotiate a permanent political solution for the Balochistan crisis?

2)      Is the GHQ willing to address human rights violations by Intelligence agencies, FC and institute its own military judicial process to convict and punish responsible officers and their proxies?

3)      To what extent is the GHQ in control of the intelligence agencies given the turf war between ISI and MI in Balochistan? What will be the reaction of culpable officers to be tried?

4)      To what extent GHQ and Federal Government are willing to address Baloch grievances with an unbiased, apologetic, big hearted approach?

5)      What are the demands of Baloch political and militant groups?

6)      Who will be the members of the negotiating team? TORs and empowerment?

7)      Who will ensure and what are the Guarantees to any agreement for a permanent solution to repeated Balochistan crisis?

Recommendations

1)      a. A unilateral cease fire and general amnesty announced by the Federal Government and GHQ.

b. Withdrawal of all cases against Baloch leadership and militants.

c. Release of all missing persons in the custody of FC, MI, ISI and IB.

d. Announce and implement sincerely compensations for all missing persons killed and those held.

e. Withdraw FC from interior Balochistan to Pak-Afghan-Iran borders to reduce possibility of conflict and violent incidents.

f. Issue Red Warrants for arrest of Musharraf for trial in the case of Akbar Bugti’s murder and have them implemented seriously. D.G. MI, 2006 and military officers who planned and executed the attacks on Akbar also tried in the case with Musharraf. All civil authorities nominated in FIR arrested and tried. The trial must be held in the Balochistan High Court so as to provide provision of appeals in the Supreme Court under due process of law.

g. All proxy assassination gangs, leaders disarmed withdrawal of their service cards, arrested and tried in the High Courts for atrocities, targeted killings, human rights violations.

h. Return and rehabilitate all displaced families of Bugti and Marri tribes. Allow Civil Society organization to access them and help in return and rehabilitation.

i. Open up Balochistan for independent national Media to report from interior. Allow national coverage to vernacular Media.

j. Create scholarships and allocate at least 50 seats for Baloch students in all government Universities in Punjab, Sindh and KPK to expose them to rest of the country.

k. Allocate at least 30 Federal Government positions including Deputy, Additional and Secretaries levels for Balochistan bureaucrats.

All of these CBMs must be implemented simultaneously

1)      JAG, under the supervision of the GHQ, institutes internal inquiry starting from 2006 indentifying the officers who planned and executed these illegal tactics under the Military Operational Code of Conduct and violated the Constitution. These officers then need to be either tried under Court Martial or retired to stand trial in Civil Courts.

2)      This is a decision for the High Command to take and bring under its control both the MI and ISI ensure and assign their duties under the prescribed mandates.

3)      This too is for the High Command and Federal Government to decide if they are willing to mitigate this dangerous situation which could snow ball into an international conflict and disintegrate Pakistan. The gravity of the situation needs to be understood and instead of misplaced bravado or personal interests; national unity, integration and security are to be ensured.

4)      Complete Provincial Autonomy (self rule as envisaged in the Accession document signed by Jinnah and Khan of Kalat) according to International standards, complete control over the natural resources, more representative political inclusion at the Federal level in policy and decision making, provincially driven socio-economic and political development. No attempts to forcefully change the demographics of Balochistan.

5)      The trust deficit between the Baloch and GHQ precludes any member from the Army in the initial negotiating team though could be added later to provide ownership. The team should include members that the Baloch trust. This could be a formulation of retired and serving judges of the Supreme Court, senior lawyers, senior Media Editors, political leaders and workers from Balochistan, Punjab, KPK and Sindh but not political party heads, members of civil society organizations and senior citizens. The GHQ must then announce blessings to the negotiating team and claim ownership. The Terms of Reference and empowerment would have to be worked out according to how far the GHQ and Federal Government are willing to concede the Constitutional Fundamental Rights to Balochistan and other related issue enunciated above. List would depend on agreement to follow this strategy.

6)      What guarantees the Baloch will accept and what the Federation is willing to extend will depend on the negotiations.

What Have the Balochi Done to Deserve Such Treatment?

The Balochistan population (Baloch, Pashtun, Brahvi, Hazarra and settlers) are not adequately represented in the Federal decision and policy making, economic exploitation which is akin to the circumstances surrounding the 1971 East Pakistan debacle.

The fact is that the 1973 Constitution is contradictory in its articles and fundamental rights enshrined in it. Articles 1, 246, 247 and 245 as examples are relevant in this regard.

Balochistan has 30 districts but only 14 seats in the National Assembly. Clause 7 of the Kalat State Accession document signed by Jinnah and Khan of Kalat, witnessed by A.B.S. Shah, Foreign secretary of Pakistan, called for special provisions in relation to any Constitution of the Dominion not being applicable to Kalat without approval of the Kalat State’s Parliament which had been the democratic governance structure of Kalat since 1666 when Nasir Khan the first (Khan of Kalat), developed the loose Confederation of all Baloch tribes in form the Union of Kalat States. The houses were called ‘Dar-ul-Umra’ Upper house and ‘Dar-ul-Awam” lower house.

In the historical context, all genuine demands for the socio-economic and political rights of the Baloch were answered with bullets, hangings, incarcerations, dismissal of elected governments, 4 resistance wars, 1948, 1958, 1962-68, 1973-77 and the present day situation of over 450 mutilated bodies dumped at desolated places, over 1,300 still missing.

Naturally the Baloch youth is fighting back and demanding independence when you have pushed them to the wall, killed their genuine political leadership and handed over control of Balochistan to the FC, ISI, MI and IB who are running a parallel government.

What have the Baloch done to deserve this kind of treatment. In 1947 when Pakistan had no funds to run its government it was Jinnah’s friend and client, Khan of Kalat, Ahmed Yar Khan, who gave the Pakistan State a ton of gold to meet its expenses.

Until 2007, there was no hatred between the Punjabi’s and Baloch. It was only after the extra judicial murder of Nawab Akbar Bugti that this hatred was propagated by the establishment. The Punjabis came to Balochistan in 1901 as railway labor when the British were making the railway for their army to be able to get to Chaman for their invasion of Afghanistan. Since then to 2007 they were never harmed.

 

Defending Establishment of Cantonments in Balochistan

The Punjab Forum has said that construction of cantonments should not be abandoned in restive Balochistan province as it will encourage elements destabilising Pakistan.

Putting Balochistan cantonment plan on hold will help America, Afghanistan and India to play their dirty game on Pakistani soil, it said.

In a statement, the Punjab Forum said that limiting role of spy agencies will not only encourage insurgents but it will trigger new wave of indiscriminate massacre of the settlers.

Pakistan cannot afford to help target killers start ethnic cleansing of Punjabi and other non-Baloch settlers which are only 10 per cent of the provincial population, it added.

Such moves will help Afghanistan send scores of terrorists aimed at ethnic cleansing of Punjabis with an ultimate aim to disintegrate country.

A handful of miscreants have killed thousands of settlers including doctors, professors, teachers and labourers while hundreds of thousands have been displaced in their own country, it added.

Over the years settlers have given their best to Balochistan for which they are now being paid with bullets and bombs.

It said that it is amazing that whole government’s machinery is being used to please few anti-state miscreants and their masters in open contravention of the constitution while the number of dead bodies being sent to Punjab is on the increase.

So far, not a single politician or government official has expressed any sympathy with the heirs of those innocent who were killed in the cold blood.

 

The Punjab Forum demanded of the Chief of Army Staff General Kayani to review decision on cantonments to foil the unholy designs of enemies of the state, ensure welfare of poor Baloch people and put an end to black-mailing of chieftains.

 

Baig Raj

President, Punjab Forum

(For political & economic rights of Punjab)

0300-5355563