PAKISTAN- Curbing freedom of expression in
the name of national security and State ideology
A
Written Submission to the 32nd Regular Session of the UN Human Rights Council
by the Asian Legal Resource Centre
1. The Asian Legal Resource Centre (ALRC) would like to draw the
attention of the UN Human Rights Council to the deteriorating state of freedom
of expression in Pakistan. In states like Pakistan, where democracy is little
more than fascism behind a façade of democracy, free press is the first
casualty. The Constitution and certain legislations authorize the government to
curb freedom of speech on subjects that include the Constitution itself, the
Armed Forces, the Judiciary, and religion. Harsh blasphemy laws have
occasionally been used to suppress the media as well.
2. Pakistan has been ranked the fourth most dangerous country in
the world for journalists, with a total of 115 killings since 1990, according
to a report issued by International Federation of Journalists (IFJ). According
to the Report, journalists in Pakistan experience official attempts to restrict
critical reporting, as well as high levels of violence from both State and
non-State actors. The Annual Report by Freedom Network, titled, Growing
Sounds of Silence – The Year of Censorship, states that in the year
2014, 14 journalists were killed in Pakistan. But, it is the year 2015 that
proved to be the year of gags on free speech, and 2016 has continued the trend.
Since 2015, journalists and media houses have faced a silent but potent
crackdown on dissent and freedom of expression not seen before under civilian
rule. Pakistan is rated “Not Free” in the Freedom of the Press Index 2016, and
is ranked 147th out of 195 countries and territories worldwide.
3. Much like 2015, in 2016 too, the State has continued to push
for draconian laws to curb free speech and muzzle press and media. In 2015 it
was the Pakistan Electronic Crime Bill (2015) to curb freedom of expression
over the Internet and social media. On 29 October 2015, Members of the National
Assembly's Standing Committee on Information and Broadcasting proposed
amendments to the Pakistan Electronic Media Regulatory Authority (PEMRA) law.
If passed, the Act would outlaw the broadcasting of any language that is
counter to the “ideology” of Pakistan or the sovereignty or security of the
State; incites violence or hatred; or defames or ridicules the head of State,
armed forces, or the Executive, Legislative or Judicial branches of the State.
4. The State and the powerful establishment, in connivance with
non-State actors, have shrunk space for free press. The Asian Human Rights
Commission (AHRC), sister organization to the ALRC has been documenting several
cases of denial of the right to free speech by the establishment. In 2015 AHRC
issued an urgent appeal case 032-2015 on the
military’s intervention in academic discourse on the subject of Balochistan. A
talk scheduled at the Lahore University of Management Science on Balochistan
was cancelled on the written orders of Lieutenant-General Rizwan Akhter,
Director General of Pakistan’s intelligence agency, the ISI. Two prominent
human rights defenders, Mama Qadeer, President of the Voice of Baloch Missing
Persons (VBMP), and Ms. Farzana Majeed, General Secretary of the same
organization, were scheduled to speak on missing persons in the Balochistan
Province. A few days later when the same seminar was held at T2F, a popular
meeting place in Karachi, the owner Sabeen Mahmood, a prominent social
activist, was shot dead by an unknown assailant. The AHRC documented her case
in UAC 052-2015 drawing the
attention of the international community to the extent of the state atrocities
to curb free speech.
5. The impunity enjoyed by those who attack journalists is
seriously hampering press freedom in Pakistan. According a Reporters Without
Borders report, the role of non-state groups — often militants such as the
Islamic State group (ISIS) — is rising, in terms of perpetrating attacks
against journalists. In January 2016 alone, two journalists lost their lives at
the hands of unknown assailants. The office of a TV channel was also attacked
with explosives in the same month, on 13 January 2016, and ISIS claimed
responsibility. Incidents of threats, attacks, and killings of journalists in
Pakistan are clear evidence of how critical the situation has become due to a
thriving culture of impunity. Pressure and intimidation has forced journalists
in Pakistan to adopt self-censorship, particularly in conflict areas.
6. The National Action plan (NAP), a counter insurgency plan by
the civil military alliance that was conceived following the Peshawar Army
Public School massacre, also puts curbs on free speech, though it originally
meant to reduce space for hate speech; many journalists especially from
Balochistan Province have found themselves threatened into silence for speaking
against Baloch ethnic cleansing.
7. The youth of Pakistan is fed on a retrogressive State
narrative; critical thinking is discouraged and limited; resultantly Pakistani
youth are easily radicalized and prone to violence against dissenters.
8. In 2010, via the 18th Amendment, the right to information was
inserted in the Constitution; the provinces were given the power to legislate
on the right. Khyber Paktunkhuwa Province has so far been the only province
that has enacted an effective law. In all other provinces, the enacted laws
have been eyewash; they are weak on many fronts, exempting major institutions
like the Army, Judiciary, and other key State departments. The resultant curb
on access to information has affected the right to free press, as journalists
cannot gain access to State files; it has jeopardized transparency. The
increasing intolerance towards criticism and unearthing of State corruption has
made it difficult for journalists to exercise their right to freedom of press
and access to information.
9. It is lamentable that though Pakistani media looks free, in
reality it is under attack from all sides. Journalists have to risk their lives
doing their ordinary work. The growing intolerance within the society has made
reporting of truth a culpable exercise. No State institution, be it the
Judiciary or the Executive, tolerates criticism – a sign of immature
institutions. Many journalists are facing treason charges and lower courts have
issued arrest warrants without hearing them.
10. In the light of the above, ALRC asks the Human Rights
Council to urge the Pakistani government to:
a. Ensure freedom of press and protection of journalists; strong
democracy needs transparency and transparency is not possible without a free
media. A free press supports the cause of democracy and ensures good governance
through transparency.
b. Enforce the recommendations made by the Special Working Group
of Pakistan Coalition on Media Safety (PCOMS) to investigate attacks against
media practitioners in Pakistan, including appointment of a special prosecutor
on journalists’ safety, legal aid unit for journalists in distress, counseling
unit for families of journalists killed, and a primary case investigation unit
to actively pursue cases of attacks against journalists and media.
c. Make arrangements in all major cities to provide refuge and
safe houses for journalists who are forced to leave their homes, so they can
live and work in safer cities.
ALRC-CWS-32-002-2016
HRC Section: Interactive Dialogue – Agenda Item: 3
HRC Section: Interactive Dialogue – Agenda Item: 3
May 30, 2016
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The Asian Legal Resource
Centre (ALRC) works towards the radical
rethinking & fundamental redesigning of justice institutions in Asia, to
ensure relief and redress for victims of human rights violations, as per Common
Article 2 of the International Conventions. Sister organisation to the Asian
Human Rights Commission, the ALRC is based in Hong Kong & holds general
consultative status with the Economic & Social Council of the United
Nations
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