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.

The Eighteenth Amendment Has Virtually Destroyed Pakistan

by Noreen Haider

One of the things that the present PPP led coalition government is very fond of taking credit is the Eighteenth Constitutional Amendment and that after this phenomenal success the provinces have been made fully autonomous. The genesis of the eighteenth amendment is that it has created a “new federalism” where the authority has been devolved from the center to the federating units.  The amendment has eliminated the concurrent functions list (overlapping functions), separating the responsibilities of the federal and provincial governments.  Till 2010, there was a hierarchical relationship among the federal, provincial, and local governments with the federal government at the apex as the dominant player. But after 18th Amendment, provincial governments will enjoy significant autonomy from the federal government and therefore it will move the government closer to people and hence improve governance.

The great success of devolution, was actually based on a hypothetical assumption that provincial autonomy  would automatically result in better governance, bring redress to the long held grievances of the provinces, bring about  more federal-provincial and interprovincial harmony, ensure economic empowerment of the federating units and even eliminate the ever present danger of military intervention in the country for good. It will also eliminate the opportunity of arbitrary federal intervention in the provincial matters and most important of all it will thwart the separatist movements brewing in some provinces which were spawned as a result of insecurities and discontent developed by the federal policies and military interventions in the past.

These are some of the “great boons” that the devolution of power were supposed to bring about and it is non other than the self-trumpeting Federal ministry of Information and all government spokesmen and ministers have been declaring repeatedly after the passing of the eighteenth amendment.

If we just look at the situation in Karachi it is beyond horrible now. Karachi has been declared as one of the most violent cities in the world with the worst crime rate for a metropolitan city. Karachi, the economic hub of Pakistan with a population of 18 million is in the grip of criminals, extortionists, kidnappers and murderers.  Only in 2012, over 2000 people were killed in the city and the situation is getting worse with each passing day. Just in the last five years over eight thousand people have been killed on the streets of Karachi.  What are the reasons that the fully autonomous and empowered government of Sindh failed miserably to control the situation there?

The law and order situation of Karachi is not an isolated matter which can be delegated to a provincial government and labeled as a provincial matter. The unrest, crime and terrorism in Karachi have roots in four corners of the country as well as geo political causes outside the borders. It was never a provincial matter to be left to the provincial government to deal as they have proved to be totally inept in bringing the situation under control.

The fact is that the no system, no matter how effective it looks on paper can bring any results if the people at the helm of affairs do not have an honest intent to improve things. The appearance given to the setup according to the “constitution” has no more reality attached to it than to stage set up for a play; for the viewing pleasure of audience. After the phenomenal success of the 2008 elections and great public mandate, according to the amazing new ideology of “reconciliation” as the new political philosophy, a coalition government was formed in Sindh with the three major political parties as partners in the government. It was led of course by PPP which appointed a senile, half dead person as its Chief Minister. This only shows the level of seriousness PPP had for the Sindh government to be independent and autonomous and make dynamic progress towards solving the complex problems challenging it. The old and senile Chief Minister was never ever able to articulate a coherent sentence in his whole tenure and was seen babbling in front of the media whenever he got a chance. Even more ridiculous was a Home Minister who thought every situation was a joke and made non serious comments after even most horrific incidents in the city of Karachi.

It is but redundant to say where the real power rested. The President House remained to be the power center and even the cabinet meetings of the Sindh Government were conducted in Islamabad. So much for the provincial autonomy! It was a nightmare to see what chaos did the reconciliation result in.

The bottom line is that Karachi is burning and the blood of innocent people has painted its streets red. The Supreme Court of Pakistan gave its verdict on Karachi and declared that all the ruling political parties are directly involved in the Karachi carnage. The war there is multifaceted and highly complex; there are turf wars, extortionists, gangs of dacoits, dons of underworld having a  field day and then there are acts of terrorism, sectarian killing and attack on civilians belonging to all sects and ethnicities in religious processions. There is not enough space to go in the details of all that is wrong in Karachi but the point here is that the autonomous provincial government utterly failed to bring the situation in control with all major political parties in Karachi sitting in it.

The “reconciliation policy” just turned out to be another name for appeasement to secure power position in the sordid number game. The appeasement resulted in the strategy of looking the other way where direct action was needed. The few terrorists and killers that were arrested and their names announced on media had direct patronage of coalition partners in the government.

Similarly in the case of Balochistan another half-dead, non-serious man was appointed as the chief minister who hardly ever took any interest in the most capricious and volatile situation in the province. All the assembly was turned into the provincial cabinet as per the appeasement policy of PPP led federal government but it also filed to bring any improvement. The verdict from the apex court regarding the drastic law and order and escalating crime situation is a national disgrace and a commentary on the “people’s representative” electoral system itself. The Chief Justice of Pakistan has declared again and again that provincial minister are directly involved in gravest crimes in Baluchistan and there was virtually no government there.

In the last five years since the inception of  “true democracy” in the country we have witnessed some of the most heinous acts of violence, terrorism, brutality by the state organs themselves, target killing, ethnic cleaning of disadvantaged tribes like the Hazara and sectarian killing by the hundreds.

The Balochistan government became a stale joke like the ones its ex-chief minister was fond of repeating. The corruption of provincial government reached such phenomenal heights that the Chief Justice had to take suo moto action in Baluchistan, where the national resources and assets were being sold for a pittance in shady deals by the government and canceled them.

The real question is that where is the will of the people of Balochistan in this system? How does any of this prove that the government is a representative of the people acting on their behalf according to a mandate and act for the betterment of the people? The people are just a tool and a means to use and discard on the Election Day even if the elections are free and fair which was not the case in the last elections in Baluchistan. After that it hardly matters if they live or die or are left at the mercy of the elements.

The same is the case in KPK where the province is literally on terrorist target every day.

In Punjab the story of provincial autonomy takes a twist and becomes the tale of one autocratic ruler who is in charge of everything and has literally refused to hand over even the slightest charge to anyone else but himself and his family. The result is arbitrary, useless supply driven projects to gain cheap popularity overnight. The crime rate is soaring sky high and the province has become the safe haven of terrorists who are free to roam all around without anyone so much as raising an eyebrow.

The hypothesis that an autonomous province in federation will have better governance is totally wrong. There is no cause and effect at play here with regards to devolution and improved governance. Devolving more authority to the province does not result in moving the government closer to the people or improvement in service delivery. Rather it just shifts responsibilities from one set of incompetent civil servants in federal capital to another equally incompetent civil servants and executive in the provinces. The ugly truth is that there is neither stake of the ordinary citizen nor any voice anywhere. He is as vulnerable as before on the whims of the sordid system which he hardly comprehends. He does not know what changes have occurred after any amendment and that how he should expect to benefit from any of it. In fact things have become more confused.

According to the constitution there has to be a system of local bodies and fiscal devolution has to be ensured to the grass root level if any benefit can be delivered to the ordinary citizen of this country. But we observed in the last five years that the constitutional requirement was blown to the air and the chief ministers in all the governments refused to hold local bodies’ election because they simply do not want to share even an iota of power with anyone.

There is simply no law, no wish to adherence with the requirement of constitution just a mad drive for power and more power. Take for example the situation in Punjab where the funds were not distributed to the districts according to any formula of sharing but the provincial funds became the personal kitty of the Chief Minister to spend as and when he likes.

This is not democracy or any semblance of it. Now is the time to take a serious look at the system derived from the constitution itself and honestly assess its flaws rather than being in the delusion that just because everything seems to work on paper that’s how it will work on ground.

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.

 

“If Your Child Disappeared, What Would You Do?”

The Working Group on Enforced or Involuntary Disappearances concludes its official visit to Pakistan
A delegation of the United Nations Working Group on Enforced or Involuntary Disappearances concluded its ten-day official visit to Pakistan. The visit took place from 10 to 20 September 2012. The delegation of the Working Group was composed of Mr. Olivier de Frouville, Chair of the Working Group, and Mr. Osman El-Hajjé, member of the Working Group. During the visit, the Working Group received information on cases of enforced disappearances and studied the measures adopted by the State to prevent and eradicate enforced disappearances, including issues related to truth, justice and reparation for the victims of enforced disappearances.

The Working Group wishes to thank the Government of Pakistan for extending an invitation to visit the country. It acknowledges the efforts undertaken before and during the visit to facilitate it, in particular for the assistance in terms of the security arrangements in cooperation with the United Nations. The Working Group also wishes to thank the United Nations Pakistan Country Team as well as the United Nations Office of the High Commissioner for Human Rights Secretariat, for their support.

During its ten-day mission, the Working Group visited Islamabad, Lahore, Karachi, Quetta and Peshawar. In Islamabad, the Working Group met the Minister of Foreign Affairs and the Minister of Interior. The Working Group also met with the Advisor to Prime Minister on Human Rights, the Governor of Punjab, the Additional Secretary in charge of the United Nations and Economic Coordination at the Ministry of Foreign Affairs and the Inspectors General of various provincial police agencies. In Lahore, the Working Group met with the Home Secretary, the Additional Home Secretary and the Secretary Prosecution of Punjab. In Karachi, the Working Group met the Chief Minister, the Chief Secretary, the Home Secretary, and the Advocate General of Sindh. In Quetta, the Working Group held meetings with the Chief Secretary and the Home Secretary of Baluchistan. In Peshawar, the Working Group met with the Home Secretary of Khyber Pakhtunkhwa.

In Islamabad, the Working Group also held meetings with the Chief Justice and the judges of the High Court of Islamabad, the Chair of the Commission of Inquiry on Enforced Disappearances and the parliamentarians of the Standing Committee on Human Rights.

Regretfully, some of the meetings that the Working Group had requested with a number of important actors both at the federal and provincial levels did not take place, notably with the Minister of Law, Justice and Parliamentary Affairs, the Minister of Defence, the Chief Justice of the Supreme Court, the Directorate for ISI, the Inspector-General of Frontier Corps in Baluchistan and Khyber Pakhtunkhwa provinces and the Chief Justices of the High Courts of Lahore, Karachi, Quetta and Peshawar.

The Working Group held a number of meetings with representatives of all sectors of the civil society including NGOs, activists and lawyers. The Working Group also met a number of relatives of disappeared persons in all parts of the country.

The Working Group received allegations according to which some of the persons with whom we met had been threatened or intimidated. We call on the State to guarantee the safety of those who have met with us and protect them against any form of reprisals, threat or intimidation.

In addition, the Working Group met with representatives of the diplomatic community in Islamabad, as well as with Heads of various United Nations Agencies.

The invitation extended by the Government to us and other special procedures of the Human Rights Council is a testimony of its will to cooperate and take human rights issues seriously. The WGEID welcomes this opening and hopes that other special procedures mandate holders will be invited in the near future to visit Pakistan.

The Working Group also welcomes the ratification by Pakistan of the International Covenant on Civil and Political Rights and of the Convention against Torture. It calls on the Government to ratify the Convention for the protection of all persons against enforced disappearances.

The Working Group undertakes its visits in a spirit of dialogue and cooperation and aims at formulating constructive recommendations.

Before stating our preliminary conclusions and recommendations, please note that we did not make any public statements before the press conference today. Any declaration quoted from one of the members of this Working Group has thus incorrectly been attributed to us.

I.  Mandate of the WGEID

The WGEID is tasked with two main mandates. The first mandate is to deal with cases of enforced disappearances. We receive allegations of cases of enforced disappearances and we transmit those cases to the States, asking them to take all necessary measures to find the fate or the whereabouts of the concerned person. This is done in a “humanitarian spirit”, that is to say that once the person is found, the case is considered clarified. We do not look for individual or State responsibilities. But we always remind the State of its obligations to investigate the case, punish the perpetrators and provide integral reparations to the victims.

The other mandate entrusted to the WGEID is related to the Declaration for the protection of all persons against enforced disappearances, adopted by the UN General Assembly in 1992 (thereafter ‘the Declaration’). The WGEID promotes the implementation of the standards of the Declaration and encourages States to implement those standards at the national level. In this respect, we receive general allegations concerning violations of the Declaration that are transmitted to the State, with the request to explain their position and describe the steps they have undertaken in relation to those allegations.

There have been a lot of discussions during the visit about the mandate of this Working Group, in particular on the issue of whether this was a “fact-finding” mission. This expression can have different meanings. If one means by that a body which is tasked with collecting evidence, with the view to initiate criminal proceedings, this is not the role of the WGEID, as the WGEID has always interpreted its mandate, as far as individual cases are concerned, as “humanitarian”. Within this mandate of dealing with cases of enforced disappearances, the WGEID always receives information about alleged individual cases of enforced disappearances, as it did during this mission. Furthermore, the WGEID receives information with respect to its second mandate, which is related to the implementation of the standards of the Declaration by States.

II. General context

Pakistan has been on the road to democracy since its independence. As in all countries worldwide, this road has been difficult and met with many obstacles. Pakistan has endured several periods of military dictatorship throughout its history, which resulted at times in massive violations of human rights. The perceptions of different groups in the society of not being treated on an equal footing with others created frustrations and demands which were often responded to through violent means and further inequalities. Article 25 of the Constitution of Pakistan provides that “All citizens are equal before law and are entitled to equal protection of law” and this principle should lead all policies of the State.

Since 2008, there has been a new phase of parliamentarian democracy, bringing much hope to the people of this country. Pakistan’s political and institutional life is characterized by a multi-party system, a strong independent judiciary, a vibrant civil society and a lively press, discussing all kinds of matters, including the problem of enforced disappearances.

Meanwhile, Pakistan is facing important security challenges. There is a widespread perception, among the population, that their security is not sufficiently ensured.

The State has to deal with multiple threats, coming from terrorist movements or violent groups. The conflicts taking place in neighbouring countries or territories is an additional factor of insecurity. The Working Group acknowledges these threats and the need for the State to ensure the right to life of their citizens. However, it also underlines that actions taken to deal with security threats, and in particular with terrorism, must at all times respect nationally and internationally recognized human rights. Human rights violations in the name of the fight against terrorism does not achieve its aim but can only, on the contrary, lead to further violations.

III. The phenomenon of enforced disappearances in Pakistan

1. Cases pending before the WGEID

A number of cases of enforced disappearances filed with the WGEID have allegedly occurred in 1985 and in the beginning of the 1990s, in the north-west region, in relation to the conflicts taking place in Afghanistan. A number of cases were also reported to the WGEID to have taken place in the 1990s, in relation to the military operations carried out in Karachi and its aftermaths (Sindh province). At the beginning of the 2000s, the Working Group started receiving cases of persons allegedly abducted in the context of the so-called “war on terror” and sometimes said to have been transferred to other State’s territories or detention centres. Those cases mostly concerned the provinces of Punjab and KPK, between 2003 and 2006. Starting from 2005-2006, a number of cases were received from Sindh and Baluchistan. In 2011, as noted in its annual report, the Working Group transmitted five new cases to the Government, including two cases through its urgent action procedure. The 2011 annual report of the WGEID also indicates the latest public information on the reported 107 cases concerning Pakistan, pending before the WGEID.

2. Allegations received during the mission

According to various official and unofficial sources met during the visit, it is in the post 9/11 period that the question of “missing persons” began to raise real attention at the national level. There is acknowledgement that enforced disappearances have occurred and still occur in the country. Cases continue to be reported to the national authorities. But there are controversies both on the figures and on the nature of the practice of enforced disappearances.

The figures communicated to us range from less than a hundred to thousands. In Baluchistan alone, some sources allege that more than 14,000 persons are still missing, while the provincial government only recognizes less than a hundred. To date, the Commission of Inquiry on Enforced Disappearances still has more than 500 cases in its docket concerning the whole country. The number of officially registered allegations, although may not be reflective of the reality of the situation, is itself an indication of the existence of the phenomenon.

As far as the nature of the practice is concerned, the authorities at the federal and provincial levels with whom we met often declared that most of the “missing persons” were in fact not victims of enforced disappearances. According to those authorities, some of those persons had been under criminal charges and had chosen to go in hiding, while some others have fled to another country to join illegal armed groups. Others, according to the same authorities, have been the victims of abductions by non state actors for various reasons. Cases of enforced disappearances by State actors, in this context, would be the result of misconducts and ultra vires behaviour by some agents of the State.

However, nongovernmental sources allege that there is a pattern of enforced disappearances in Pakistan, imputable to law enforcement agencies in conjunction with intelligence agencies.

During our visit families told us their stories and each story, while being different, revealed the same pattern. The abduction, often taking place in front of witnesses, is reported to be perpetrated by law enforcement agencies, like the police or the frontier corps, jointly with members of intelligence agencies in civilian clothing. When asked whether they had filed a complaint for illegal arrest, families generally say they tried to file a first information report (FIR) with the police, but were turned down or discouraged to do so. Most of them finally filed their cases with the provincial High Court or the Supreme Court of Pakistan, so that the Court would issue an order to the police to initiate an investigation. In a large number of cases, families reportedly received threats or were intimidated to try to prevent them to file such cases. Some families were promised that if they would not file a case, their loved ones would be released, which did not happen.

Some other families were threatened that if they did file a case, their loved ones will be harmed, or another member of their family would also be abducted. According to the families we have heard, witnesses who were called to testify before the courts were threatened and in some cases victimized. In a few cases, the lawyers defending the families were reportedly themselves victims of enforced disappearances.

Some of the abducted persons were released while others were never seen again by their relatives. A number of those who have returned have testified to being held in unofficial places of detention. Many of those who came back were allegedly threatened not to speak about their period of disappearance. Some however have chosen to take high risks to give statements before courts or before the Commission of Inquiry. In Baluchistan, since 2010, a number of persons whose whereabouts were previously unknown were found dead, generally with signs of torture and sometimes decomposed to the point that their relatives were unable to identify them. Sometimes those bodies were found far from the place where they had been abducted, for some in deserted areas. The practice of “delivering” dead bodies has allegedly accelerated in the years 2011 and 2012. Most of the families we have met, telling their stories, felt abandoned and hopeless.

They implored that if their loved ones were being accused of any crime, he or she should be presented before a judge and, if recognized guilty, be convicted.

It is the responsibility and duty of the State to investigate thoroughly these serious allegations. The State of Pakistan, acknowledging the existence of the problem of enforced disappearances, has already taken positive steps to try to address this issue. The WGEID welcomes the declared will of the Government to tackle this issue and look at the current shortcomings in order to find the truth about the disappeared and finally eradicate the crime of enforced disappearances in Pakistan. Nevertheless, serious challenges remain when it comes to the prevention and the eradication of enforced disappearances in Pakistan. The WGEID emphasizes that, under article 3 of the Declaration, the State must take effective measures to prevent and terminate acts of enforced disappearance in any territory under its jurisdiction.

The WGEID also underscores that in order to prevent any act of enforced disappearances, it is of outmost importance that, as enshrined in the Declaration on the Protection of All Persons from Enforced Disappearances, any person deprived of liberty shall be held in an officially recognized place of detention and be brought promptly before a judicial authority (art. 10(1)).

IV. Efforts made by the State of Pakistan to deal with the problem of enforced disappearances

The Working Group welcomes the role played by the judiciary to shed light on the phenomenon of enforced disappearances in Pakistan and to trace missing persons. In 2007, the Supreme Court filed a number of petitions presented by individuals or NGOs. It was followed by provincial high courts which also began to take up cases under their jurisdiction to protect human rights. In a number of cases, the Supreme Court also took suo motuactions, showing its determinate will to tackle the problem. After the independence of the judiciary was reinstated in 2009, the courts continued to play a major role in the search for the disappeared persons and a number of persons resurfaced after having been kept in unlawful custody for several months, sometimes for years. The WGEID was told that the courts were also instrumental in facilitating the filing of FIR by families in relation to the abduction of their relatives, when they had previously been turned down by the local police.

Two special bodies were set up successively on the issue of enforced disappearances. In April 2010, the Interior Ministry set up a committee to investigate the fate of the disappeared persons. In March 2011, the Supreme Court decided to institute a specific body to deal with cases of enforced disappearances, initially for six months, but its mandate was then extended for three years. The two-member Commission of Inquiry on Enforced Disappearances is tasked with following up on the work done by the Interior Ministry’s Committee and to deal with cases already received by the Supreme Court, as well as with receiving new cases. The Commission can hear the families and the witnesses, in general in the presence of the representatives of most of the law enforcement and intelligence agencies. The Commission has held hearings in different parts of the country. It can order the setting up of a “Joint Investigation Team” (JIT) at the provincial level, in charge of investigating the matter. It can also summon any potential perpetrator. The JIT must report to the Commission on the result of the investigation.

In May 2012, the Statute of  the National Commission on Human Rights as a national human rights institution (NHRI) has been adopted by the Parliament. The authorities have told the WGEID that the Commission will, among other mandates, have the responsibility to deal with the issue of enforced disappearances, including the exercise of quasi-judicial powers.

There have been commitments from several official authorities to “solve” the problem of the “missing persons” in Pakistan. In particular, as far as Baluchistan is concerned, the Baluchistan “package” adopted by the new government included a provision according to which all persons being in custody should be either released or brought before a court.

V. Challenges faced by the State of Pakistan in resolving the issue of enforced disappearances

1. The judicial inquiries

Efforts made by the courts proved to be efficient in a number of cases, where the persons could effectively be traced and found, and could finally return to their family. However, in the greatest number of cases, the investigations initiated under the orders of the courts remained inconclusive.

Reportedly, the courts have avoided using compelling methods to ensure the cooperation of law enforcement and intelligence agencies whose agents were accused of having perpetrated an enforced disappearance. Some families informed the WGEID that, although they had brought witnesses before the court to substantiate their claims, the court before which the case was filed satisfied itself with the oral declaration by the representative of the said agency, denying the custody of the person. Others told the WGEID that the court failed to use its power to summon an agent suspected of having participated in an enforced disappearance.

The main complaint was that the courts’ proceedings failed to result in prosecutions of the named perpetrators, even when evidence was, according to their lawyers, sufficient to do so.

2. The Commission of inquiry

The same criticism was also made of the Commission of Inquiry, which is said to have limited authority on the various law enforcement or intelligence agencies, allegedly involved in the enforced disappearances reported to the Commission. As in the case of courts, the WGEID received reports that the Commission satisfied itself with the denial of the accused agency that it had the concerned person in custody.

The Commission informed the WGEID that should its orders not be complied with, it had the power to initiate criminal proceedings against the potential perpetrators. But the WGEID has received no report of such criminal proceedings.

Some families also reported to the WGEID that the Commission, after having reviewed a case, gave oral assurances to the family that their loved ones would soon return back home, which in fact never happened. They were not aware of whether or not a formal order had been delivered to the authority allegedly having the disappeared person in its custody.

The families we met had different feelings about the fact that the hearings took place in the presence of representatives of different agencies, including those being accused of having abducted their loved ones: some said they had no fear to confront them, whereas others felt intimidated. The Commission has told the Working Group that families were given the choice to be heard alone with the two members of the Commission, if they preferred to do so. The Working Group is of the opinion that this should be the rule, rather than the exception.

If families are willing to confront and tell their stories in front of the agencies, they should be given the possibility to do so. But generally, the families should be heard by the two members of the Commission in a confidential meeting.

There is no doubt that the courts and the Commission are facing enormous difficulties in their task related to cases of enforced disappearances. The fact that they are being criticized by some families is reflective of the frustration, anguish and fear endured by these families. It is also a sign that those institutions ought to be further strengthened. The WGEID is in particular aware of the limits imposed on a two-member Commission, notably with respect to the limited capacities in terms of staffing.

3. Impunity

As the High Commissioner for Human Rights said when recently visiting the country “Impunity is dangerously corrosive to the rule of law in Pakistan.” Listening to authorities and to victims, we could feel that impunity was a concern for the whole society. Some officials conveyed their concerns that criminals, terrorists or militants from armed groups enjoyed a great impunity because, even when investigations were initiated against them, they managed to get out of them, by using threats against the police, the judges or witnesses. There were hints that this might explain why some law enforcement or intelligence agents might resort to illegal practices such as enforced disappearances.

The WGEID is aware of the difficulties encountered by law enforcement officials to bring criminals to justice and acknowledge the security challenges faced by Pakistan in different areas. However, it underscores that these challenges cannot be accepted as a justification to commit such a heinous crime as enforced disappearances. We draw attention, in this respect, to Article 7 of the Declaration which provides that: “No circumstances whatsoever, whether a threat of war, a state of war, internal political instability or any other public emergency, may be invoked to justify enforced disappearances.”

Furthermore, according to the information received by the WGEID, the practice of enforced disappearances was also a tool to target political or human rights activists, who are legitimately exercising their freedoms of expression, association, and assembly.

Victims complained that, even when clearly identified by witnesses, the perpetrators were not only never convicted, but even never submitted to any effective investigation. The WGEID, despite its reiterated requests, has received no information related to convictions of state agents in relation to acts of enforced disappearances.

We were told by government officials that families of disappeared persons were not so keen to file complaints against named perpetrators and that in the absence of any complaint, no prosecution could be initiated. However, the WGEID would like to recall article 13(1) of the Declaration which provides that whenever there are reasonable grounds to believe that an enforced disappearance has been committed, the State shall promptly refer the matter to a competent and independent State authority for investigation, even if there has been no formal complaint. No measure shall be taken to curtail or impede the investigation.

It was also reported to the WGEID that some victims and witnesses received serious threats when reporting their cases to the police, the courts or the Commission of Inquiry. The WGEID was pleased to hear from official authorities of the Sindh and Baluchistan, but also at the federal level, that laws and regulations relating to the protection of victims and witnesses were in the process of being adopted. As provided in article 13(3) of the Declaration, “steps shall be taken to ensure that all involved in the investigation, including the complainant, counsel, witnesses and those conducting the investigation, are protected against ill-treatment, intimidation or reprisal.” A strong and comprehensive program for the protection of victims and witnesses should be set up, with a special attention to women as relatives of disappeared persons.

The WGEID notes that the Prime Minister promised to the High Commissioner, during her visit, that there would be a “zero tolerance” policy for such abuses, and hopes that this policy will be implemented with urgency.

Investigation against, and punishment of perpetrators, should be in accordance with the law, and with all the guarantees of a fair trial.

Perpetrators should be punished with appropriate penalties, with the clear exclusion of the death penalty. Enforced disappearances can also be punished on the basis of other crimes, as defined in the Criminal Code of Pakistan, such as the offence of “kidnapping or abducting with intent secretly and wrongfully to confine person”. However, it is recommended the creation of a new and autonomous crime of enforced disappearances, following the definition given in the 2006 Convention or the protection of all persons against enforced disappearances, and with the legal consequences flowing from this qualification (see the WGEID’s study on the best practices on enforced disappearances in domestic criminal legislation, doc. HRC/16/48/Add.3).

The WGEID also notes that, in Pakistan, military personnel cannot be submitted to trial before civil courts. This might constitute a factor of impunity for human rights violations and should be changed. Article 16 §§ 1 and 2 of the Declaration states that persons alleged to have committed an enforced disappearance shall be suspended from any official duties during the investigation and shall be tried only by the competent ordinary courts, and not by other special tribunal, in particular military courts.

4. Supervision and training of law enforcement agencies and intelligence agencies

During its visit, the WGEID repeatedly received allegations according to which there was a lack of supervision and accountability of law enforcement and intelligence agencies to the Government.

Accountability and full oversight of law enforcement and intelligence agencies is all the more essential in a situation where the State has to face multiple threats, like terrorism or political violence. In these circumstances, there is a risk that intelligence agencies would acquire new powers to interrogate, arrest and detain individuals, to the detriment of the law enforcement agencies. This shift can ultimately endanger the rule of law, as the collection of intelligence and collection of evidence about criminal acts becomes more and more blurred.

Furthermore, agents in charge of intelligence may be tempted to abuse the usually legitimate secrecy of intelligence operations and commit violations of human rights under the cover of this secrecy.

For these reasons, it is of major importance that the executive effectively supervise and direct the actions of the intelligence agencies. The Parliament has also a role to play in this regard, as it is to hold the executive branch and its agents accountable to the general public.

Appropriate training should also be given to members of law enforcement and intelligence agencies in the field of human rights, with particular focus on enforced disappearances. It should be made clear to all, in particular, that, as stated in article 6(1) of the Declaration that: “No order or instruction of any public authority, civilian, military or other, may be invoked to justify an enforced disappearance. Any person receiving such an order or instruction shall have the right and duty not to obey it.”

5. Assistance to the families and reparation

Victims of enforced disappearances are not only those who have been disappeared, but also their families. Relatives are enduring pain and anguish, as a consequence of the continuous uncertainty about the fate or the whereabouts of their loved ones. In the immense majority of cases, the disappeared persons are men and it is the women who are left alone. The gendered dimension of the phenomenon of enforced disappearances should be duly taken into consideration.

Family members are also prevented from exercising their rights and obligations due to the legal uncertainty created by the absence of the disappeared person. This uncertainty has many legal consequences, among others on the status of marriage, guardianship of under age children, right to social allowances of members of the families and management of property of the disappeared person. When asked, officials told us that there were no specific legal institutions designed to deal with these complex issues. To address this issue, the State of Pakistan should enable the issuance of a “declaration of absence by reason of enforced disappearance.”

During some meetings with officials, we heard that relatives of the disappeared are often taken care of by the extended family and that, in any case, they can file a civil claim in court in order to obtain compensation. But the issue of “compensation” should be clearly distinguished from the aid that should be provided to the families to cope with the dire consequences of the absence of the main breadwinner.

The WGEID recommends the establishment of mechanisms providing for social allowances or appropriate social and medical measures for relatives of disappeared persons in relation to the physical, mental and economic consequences of the absence of the disappeared. In this respect, we welcome the information provided by the Advisor to the Prime Minister on Human Rights that there is an existing fund dedicated to women which could be used for this purpose.

In no case should the acceptance of financial support for members of the families be considered as a waiver of the right to integral reparation for the damage caused by the crime of enforced disappearances, in accordance with article 19 of the Declaration.

In addition to the punishment of the perpetrators and the right to monetary compensation, the right to obtain reparation for acts of enforced disappearance under article 19 of the Declaration also includes the means for as complete rehabilitation as possible. This obligation refers to medical and psychological care and rehabilitation for any form of physical or mental damage as well as to legal and social rehabilitation, guarantees of non-repetition, restoration of personal liberty, family life, citizenship, employment or property, return to one’s place of residence and similar forms of restitution, satisfaction and reparation which may remove the consequences of the enforced disappearance.

6. Recommendations

The WGEID would like now to share a number of preliminary recommendations to the State of Pakistan. It is to be noted that these recommendations – as well as the conclusions we have just exposed – are not exhaustive and will be complemented in the final report, which will be presented before the Human Rights Council at one of its sessions in 2013:

- As a preventive measure against enforced disappearance, any person deprived of liberty shall be held in an officially recognized place of detention and be brought promptly before a judicial authority.

- The Commission of Inquiry should be reinforced. Its membership should be extended, so as to allow parallel hearings. Its staff and resources should be strengthened and the Commission should be given its own premises.

- The courts and the Commission of Inquiry should use all powers they have to ensure compliance with their orders, including the request of sworn affidavits and writs of contempt of courts.

- As a rule, the families should be heard in confidential meetings before the Commission of Inquiry, without the presence of representatives of law enforcement and intelligence agencies.

- A new and autonomous crime of enforced disappearances should be included in the Criminal Code, following the definition given in the 2006 Convention or the protection of all persons against enforced disappearances, and with all the legal consequences flowing from this qualification.

- Investigation against and punishment of perpetrators should be in accordance with the law, and with all the guarantees of a fair trial. Perpetrators should be punished with appropriate penalties, with the clear exclusion of the death penalty.

- Investigations should be initiated whenever there are reasonable grounds to believe that an enforced disappearance has been committed, even if there has been no formal complaint.

- Measures should be taken to ensure that, in case of human rights violations, suspected perpetrators, including army personnel, are suspended from any official duties during the investigation and are tried only by competent ordinary courts, and not by other special tribunal, in particular military courts.

- Clear rules and dedicated institutions should be created in order to ensure the oversight and the accountability of law enforcement and intelligence agencies.

- Appropriate training should be given to members of law enforcement and intelligence agencies in the field of human rights, with particular focus on enforced disappearances.

- A comprehensive program for the protection of victims and witnesses should be set up, with a special attention to women as relatives of disappeared persons.

- The State has to guarantee the safety of those who have met with the WGEID during this visit and to protect them against any form of reprisals, threats or intimidation.

- A system of declaration of absence as a result of enforced disappearance should be issued in order to address the legal uncertainties created by the absence of the disappeared person.

- Financial aid should be provided to the relatives of the disappeared persons, in particular women and children, in order to help to cope with the difficulties generated by the absence of the disappeared person.

- A program of integral reparation should be set up for all victims of enforced disappearances, including not only compensation but also full rehabilitation, satisfaction, including restoration of dignity and reputation, and guarantees of non-repetition.

- Ratify the Convention for the protection of all persons against enforced disappearances, and recognize the competence of the Committee to consider individual and inter-state complaints under article 31 and 32.

- If requested by the Government of Pakistan, the United Nations and other international organizations should stand ready to provide technical assistance and consultative services, so as to implement the Working Group’s recommendations.

To conclude, a mother of a disappeared person has asked us to convey a message to all persons in charge of public affairs in Pakistan. She asked: “If your child disappeared, what would you do?”

This question summarizes the ordeal families are going through. As far as the WGEID is concerned, our only – but unsatisfactory response – to such a torturing pain is to recall that the relatives of the disappeared persons have the right to the truth, the right to justice and the right to reparation, and it is the duty of the State of Pakistan to take all necessary measures to make those rights effective.

Some Suggestions for the Next Pakistan Elections

The next general elections — Some pre-requisites

The primary objective of a fair and free democratic election has to be the creation of truly representative institutions at all levels, federal, provincial and local government levels – a truly representative and sovereign parliament, capable of giving expression to the genuine aspirations of each and every segment and section of the citizens of Pakistan in the domains of legislation, policy making and democratic governance.

Pakistan being a multinational federal state, the parliament ought to be so constituted as to ensure fair and adequate representation to the people of all the federating units, including especially the marginalized and disadvantaged sections and groups – women, workers, peasants and those labeled as “minorities or non-Muslims”. Secondly, considering the glaring imbalances in social, economic and political power existing along class, community, gender, religious and ethnic lines, electoral mechanism must also aim at correcting such imbalances, which have been the root cause of the distrust and disharmony at various levels of the national polity.

The real issue facing Pakistan continues to be the need to ensure the top-to-bottom democratisation of both the state and the society. Unfortunately, the politically and economically dominant elites, who happen to be the beneficiaries of the prevailing lop-sided political, social and economic structures and systems, believe that holding elections by the state and casting votes by the people is all that is required to achieve this objective. The vast majority of the people of Pakistan, however, are looking forward to seeing the next elections usher in an era of the emergence and consolidation of truly representative institutions and responsible and accountable governments, committed to protecting their fundamental social, political, economic and cultural rights as equal citizens without any discrimination whatsoever..

The national scene and special significance of next election

On the one hand, the steadily deepening crisis in Balochistan calls for a radical change in attitudes and priorities on the part of our ruling classes. On the other, the entire Pakistani society seems to be passing through a self-destroying process of social decay – rampant corruption at all levels, fast-growing number of target killings, kidnappings for ransom, crimes against women and children, an utter contempt for the basic social values that regulate a modern civilised society. In such a situation, the coming election assumes extraordinary importance. The parliament and provincial assemblies that will emerge out of the next elections must reflect a serious and firm national commitment to address the above issues. In order to ensure this to happen, the political parties, who will participate in the coming elections, ought to give top place in their election manifestos to these issues and pledge before the nation that they will fulfill their commitments in this regard after they get elected, unlike in the past when pre-election promises were invariably left abandoned outside the Assembly buildings, to wait for the next elections to happen!

Distribution of Population and Representation in Parliament:
Some glaring Facts and Imperatives

Given the vast differences between the federating units, in terms of size, population, level of literacy and economic development and respective share in the overall political and economic power, it is patently erroneous to consider the size of population alone as the basis for determining the percentage of seats allocated to each federating unit. In this context, one should not overlook certain peculiar features of the distribution of population across the country.

Take for instance, two provinces – Punjab and Khyber Pakhtunkhwa. Their populations in their entirety do not reside within their geographical boundaries. For example, according to the 1981 census, Punjabis and Pakhtuns formed 7 and 4 percent respectively of the population of Sindh. The 1998 census notes that in Karach, which is an integral part of Sindh, Punjabis and Pakhtuns constituted 13.94% and 11.42% respectively, of the population of the metropolis. This fact is clearly reflected in the election of a couple of Punjabi and Pakhtun representatives to the National Assembly and Provincial Assembly.

Census figures only reflect those migrants who have for the time being or permanently decided to enlist as residents of Sindh. There is likely to be an equal or even larger number of those who do not enlist but will continue to migrate and / or reside in these provinces. This population shift cannot be ignored.

Table 01. Distribution of population and seats by provinces

Province	Population	% of total	General	Women	Total	% of total
Punjab	73621290	55.63	148	35	183	53.40
K. Pakht	17735912	13.38	35	8	43	12.40
FATA	3176331	2.42	12	0	12	3.60
Sindh	30439893	22.98	61	14	75	22.30
Baloch	6565885	4.98	14	3	17	5.00
Islamabad	805235	0.61	2	0	2	0.60
Non-Muslims			10		10	2.70
Total	132344546	100	282	60	342	100

As shown in the Table, according to the last (1998) census, Punjab has 55.63% of Pakistan’s population and has been allotted 53.4% of total seats in the National Assembly (183 out of 342). Khyber Pakhtunkhwa, with 13.38% population, has 12.4% (43 out of 342) seats. FATA, an inexplicable political and administrative anomaly, has 2.42% of population but has 3.6% (12 out of 342) seats. Thus, Khyber Pakhtunkhwa and FATA together have 15.8% population and 16% (55 out of 342) seats. Sindh, with 22.98 % population and hosting around 15% of it hailing from Punjab and Khyber Pakahtunkhwa, has 22.3% (75 out of 342) seats. Whereas Balochistan, with 4.98% population but comprising 45 percent of Pakistan’s land mass, has only 5% (17 of 342) seats!

Punjab’s special role vis a vis Balochistan’s peculiar status

The ‘simple’ majority of Punjab in the National Assembly has been one of the ‘irritants’ fomenting discontent in the smaller federating units, especially Balochistan.

It would be pertinent at this point to recall two examples from our history, one from pre-partition and the other from post-partition period. In the united Punjab, the Muslims, despite constituting 55% of the population, voluntarily settled for 45% share of seats in the legislature, in the interest of inter communal harmony in the province. The other example, a patently negative one, was the imposition of the so-called Parity Formula (1956-70) by which the majority status of East Pakistan was forcibly subverted and brought at par with West Pakistan’s. It is noteworthy, however, that the former Punjab province (after its merger into One Unit of West Pakistan) had agreed to accept 40 percent of the total seats in the then West Pakistan Assembly.

In the united Punjab, it was done to ensure inter communal harmony. In the framework of West Pakistan, it was done for the sake of ‘strengthening’ One Unit. If Punjab today once again demonstrates the same large-heartedness as it did twice in the past and agrees to 48% of the total seats instead of its population-based entitlement of 53.4%, it will amount to making a significant contribution to strengthening inter- provincial harmony and national unity. The 5.4% seats thus made available, should be allotted to Balochistan, raising its total from 5% to10.4% (i.e. raising its seats from 17 to 36). Consequently, the number of National Assembly and Provincial Assembly constituencies in the province will need to be correspondingly increased. Such a gesture will help to provide the people of Baluchistan a fairly balanced representation in the National Assembly and a sense of participation in Pakistan’s parliamentary democratic process. Eventually, it will help Pakistan to emerge as a vibrant, progressive, parliamentary democratic state.

A suggestion for:
** Increase in the number of seats in National Assembly
and Provincial Assemblies;

** Rationalisation of budgetary provisions for MNAs and MPAs

Ensuring full, inclusive representation of the entire people of the country in the elected bodies is the prime objective of a free and fair democratic election. Presently, the strength of the National Assembly (342 seats) is too small to meet this requirement. It will be in the fitness of things if the number of seats in the National Assembly is raised to 500 and of the Provincial Assemblies in the same proportion, in order to ensure fair and equitable representation to the people of all the federating units on the one hand and all the marginalized and deprived sections of society – labour-peasants, women, non-Muslims etc on the other.

By rationalizing the budgetary provisions for MNAs and MPAs covering their travel, accommodation and other facilities, sufficient funds can be generated to take care of the legitimate needs of the increased number of MNAs and MPAs. The best way to achieve this objective is to apply certain restrictions on the free of charge facilities availed by MNAs and MPAs, who possess more than sufficient means to fend for themselves. This should apply to members, whose authenticated incomes exceed the minimum taxable annual income or 5 times the national minimum wages in vogue. Such members should be content with a reasonable allowance to compensate for their attendance in Assembly sessions. For instance, from Multan, Lahore and Peshawar, MNAs can travel to Islamabad by road instead of by air and those owning their own apartments/bungalows in Islamabad-Rawalpindi would surely not need accommodation in parliament lodges and MNA hostels. Same reasoning can apply to MPAs travelling to their respective provincial capitals and to their accommodation during assembly sessions.

Addressing the Special concerns of Sindhis

To make amends for the demographic disorientation of Sindh caused by the incessant inflow of migrants from outside, which threatens to numerically over-run the Sindhi population, apart from effective measures by the government to regulate/control/restrict it, 55 percent of the seats from Sindh in the National Assembly and a similar percentage of seats in the Sindh Provincial Assembly shall remain permanently allocated to indigenous Sindhis, with iron-tight constitutional guarantees against its violation. .

Some essential steps to promote participatory democracy and federalism

(1). Proportional Representation and Party List system

The system of Proportional Representation has its roots in the recognition of the fact that power and wealth in most societies are always unevenly distributed and this imbalance prevents a vast section of the society from being represented in the parliament and other elected bodies, thus negating the principle of democratic representation and participatory governance. It is thus meant to institutionally regulate and eventually moderate the role of power and wealth in the electoral process, through direct participation of the less privileged and marginalised sections of society in the process of legislation and policy making.

In a country like Pakistan, if one wants to correct the existing state of imbalances and anomalies, the entire election should be held on the basis of proportional representation. It may not be possible to adopt this system in toto for the coming election, which is fast approaching. To pave the way for such healthy changes in the system of elections in the future, the following steps are suggested:

•  Elections for 50% of the seats shall be constituency-based, which would naturally mean representation of the elite class who alone could afford to contest the constituency-based seats.
•  In order to facilitate the participation of persons with limited or no means – the marginalized sections of society – the election to the remaining 50% seats shall be conducted on the basis of Proportional Representation/Party List.
•  The formula of 33% labour-peasants and 33% women in all the elections and elected bodies shall be ensured.
•  Alternately, or till necessary constitutional, legal and administrative mechanisms are put in place, the political parties committed to a democratic political order, shall voluntarily ensure that their nominated candidates shall comprise 33% labour-peasants and 33% women.

(2). Participatory Democracy at grass roots level

A genuine federal democratic system is incomplete without the establishment of a truly democratic local government system, empowered to address people’s problems at the local ‘grass roots’ level, free from bureaucratic meddling and red-tape. The anomaly in Pakistan has been that the local government system has been misused by dictatorial rulers to serve their vested interest at the cost of its defined task of serving the people at the lowest tier of the social structure. On the other hand, the elected political governments have displayed a studied apathy for the institution itself, as they apparently regarded it as an encroachment on the freedom of action of the elected members of the Provincial Assembly. The bureaucracy has its own axe to grind in not allowing a genuine representative local government system to function freely, as that would erode their dominant status in the overall administrative system of the province. It is, therefore, imperative to give the Local Government system its due place in the democratic polity and provide it iron-clad constitutional protection, to prevent its blatant misuse by dictatorial regimes and calculated disuse by elected political governments.

Seats of Non-Muslims

Non-Muslims have been raising their genuine grievance that while the total number of seats in National and Provincial Assemblies have been increased from time to time, automatically raising the number of seats of Muslims, the number of seats allocated to non-Muslims has remained static at 10. This anomaly needs to be rectified and the seats for non-Muslims should be increased in all representative bodies in the same proportion as the seats of the majority community have been increased.

Karamat Ali and B.M.Kutty
Karachi, 26 September 2012
“Ali Karamat” <karamatorama@gmail.com>

 

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.