With impunity, Afrasiab
Khattak
The Nation January
14, 2017
Enforced disappearances have remained a serious problem in terms
of violation of human rights in Pakistan for a long time. But the scale and
magnitude that this problem has acquired over the last one decade is
frightening. The fourth military operation that started in Balochistan
against Baloch nationalists in 2005 saw a growing number of Baloch political
activists getting disappeared. Unfortunately, the parliament, political parties
and the media didn’t focus on the Baloch disappeared persons. That’s why the
problem has not only persisted but has acquired more serious dimensions.
The so called war on terror after 9/11 had its own share in
intensifying the problem of enforced disappearances in Pakistan. At that stage,
Pakistan was seen as the epicentre of international terrorism due to the
presence of top leaders of the most dangerous international terror outfits
here. But since the country lived in denial of the existence of extremism/terrorism
for quite some time under General Musharraf, she could not develop an effective
system of anti-terror laws and procedures to prosecute terrorists. The
security agencies, meanwhile, started dealing with the problem in
extra-judicial ways. The problem came to national and international
limelight when the Chief Justice Iftikhar Chaudhry took up the cases of missing
persons. The apex court did provide some relief to a few individuals, but it
could not resolve the problem as such. Ultimately a special commission under a
retired judge of the Supreme Court was created to address the issue of missing
persons, but not much progress has been made as the relevant authorities have
failed to cooperate with the judicial commission.
About ten days ago, a new chapter in the history of enforced disappearances in
Pakistan started, when some bloggers and social media activists started
disappearing from Islamabad and different places in the Punjab. So far, there
is confirmation of five missing persons who were active on social media. There
have been widespread protests against these abductions in the Parliament and
outside it by civil society activists. So far, there is no authentic/formal
information about the missing bloggers.
But social media accounts supposedly run by the proxies of
intelligence agencies have launched a vicious campaign against some of these
bloggers for allegedly posting blasphemous material on their accounts. They are
even recklessly hurling similar accusations towards political leaders, parliamentarians
and civil society activists who are protesting against enforced disappearances.
Knowing that levelling of such accusations is invitation to extremist violence,
these elements are indulging in this practice with complete impunity. Is this a
fascist tactic to silence the opposition? The other important question is
that if any one of these bloggers have committed any offence, why are they not
being properly arrested and produced in the court of law? Obviously no one
will have any problem with that. But kidnapping and unjustified confinement is
illegal and it can’t be justified under any pretext.
The
abduction of social media activists is a serious issue in itself because when
those who are supposed to provide security allegedly start abductions, what
recourse will be left for ordinary citizens? But it is definitely not as simple
as that. These abductions are connected with the larger questions of freedom
of expression on social media and state policy about extremism and terrorism.
As we know, print and electronic media have already been brought “under
control” of the deep state through various modes of pressure. Self-censorship
has become a feature of our mainstream journalism. Now is the turn of social
media, although, a quite stringent or even draconian law was passed by the
Parliament some time ago for curbing cybercrime. Many had expected action
against hate speech on social media or legal action against the accounts of the
proscribed organisations suspected of involvement in terrorism.
But so far, no such action is visible. On the contrary, accounts
known for their vehement opposition to extremism, sectarianism and terrorism
have been targeted. As mentioned earlier, if there is anything objectionable or any
material that violates the law of the land in these accounts, the law must take
its course. But impunity for the proscribed organisations creates serious
questions about the role of state institutions. It’s particularly so when the
honourable Interior Minister justifies his interaction with banned
organisations on shaky ground, not strong enough to stand logic.
If
past experience is anything to go by, the policy of appeasement towards
extremism and terrorism has been counterproductive and we have a long history
of it. It rather encourages these elements. The despicable move of such
evil minds to use the sectarian card against the top general of the country at
the time of his appointment is the most recent example. This abhorrent move
should have been investigated and those responsible should have been brought to
justice because what can be more criminal than sowing sectarian discord in the
most important security institution of the country?
There
is yet another technical aspect of the issue of enforced disappearances. Intelligence
agencies of the country don’t have the power to arrest anyone under the law.
Under CrPC, only police or those working with police powers can make
arrests. But it is common knowledge that in practice, intelligence
agencies do arrest people on regular basis and go into denial when asked by the
courts. This is a ridiculous situation that can’t go on indefinitely. We
have to have an honest debate about it. The Parliament in consultation with all
stakeholders and the civil society must come out with a workable solution for
the problem. This shouldn’t be taken by any side as a zero sum game. It is
after all, a joint effort for creating a democratic and civilised state and
society in Pakistan.
The
country’s constitution has a full chapter consisting of fundamental rights
and there are numerous laws and institutions for the protection of human
rights. Pakistan is also a signatory to numerous international
conventions/covenants on human rights. But in practice, the country is faced
with a crisis in human rights of all kinds due to non-implementation. To
overcome this crisis, we need a human rights charter jointly prepared by all
political parties and the civil society so that there is no immunity for
violators. We also need a commission of truth and reconciliation so that the
matter could be brought to a closure.
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