Human Rights Commission of Pakistan
Subject: Cosmetic changes won’t resolve militancy
Lahore, July 21: While welcoming the return of the Malakand IDPs to their homes as a positive development, the Human Rights Commission of Pakistan (HRCP) has warned the government that no cosmetic shift in the security policies will solve the crisis of militancy and that efforts in a new dimension will be needed to achieve that end. Based on the conclusions of a quick fact-finding mission to the Frontier province, led by Ms Asma Jahangir, the HRCP statement issued on Tuesday said: “The Human Rights Commission of Pakistan is monitoring the gradual return of the IDPs from Malakand Division to their homes. This is a positive development and gives peace a chance. It also presents a brief window of opportunity for reversing the trend towards Talibanisation but this opportunity may be lost if a cohesive policy is not adopted and civilian infrastructure not put in place, an infrastructure that can sustain peace. It is important to recognise the collective role played by the humanitarian agencies as well as the civilian and military administration in making the early return of the IDPs possible. Even more crucial to this turn of events was the exemplary behaviour of the displaced people and their local hosts. The displaced people found their own way to safety under extremely tough conditions and are now making their way home on their own. They have little faith in the government and there is a serious deficit of trust between the local population and the military. In order to build trust as well as to sustain peace HRCP believes that the government must take a new direction. There was near unanimity amongst official and non-official interlocutors that met with HRCP during their missions to Pakhtoonkhwa (NWFP) that any cosmetic shift in the security policies of the government will not solve the crisis of militancy in Pakistan. HRCP believes: • It is crucial that the policy of “bleeding India” and maintaining a strategic depth in Afghanistan be reviewed. In short, the national security paradigm must shift to the need to keep pace with the political realities of the region. There are indications that this has so far not happened. • The government must distance itself from the ideology of pan-Islamism. • The nucleus of the top militant leadership must be taken apart and their communication and financial infrastructure dismantled. There are no indications that this has happened either. On the contrary, there are well-founded suspicions that certain elements known for their pro-Taliban policies continue to protect a number of top militant leaders. • The operation in Malakand Division must not lose sight of the strong militant presence in FATA. Peace will not return to Swat unless militant networks in FATA are defeated. • Simultaneous action must also be carried out against all militant networks in other parts of the country, particularly the Punjab, where militants operate with impunity. • The civil and political administration must take command on the ground in Swat soon. There is a comprehensive plan of recruiting and equipping the police force in Pakhtoonkhwa. The number of police stations in the Malakand Division is to be doubled and the police force tripled. It appears that the civil administration is also preparing a comprehensive plan for better governance in the province. The resources provided to them will, however, be monitored by a serving army general on behalf of the Federation. The Awami National Party leaders plan to visit Swat on a regular basis now but almost all IDPs resented the bunkerisation of the political leadership while they faced all the risks and tragic deaths of their families. • Access for independent journalists and observers to the area must be ensured. So far, the military has only encouraged embedded journalism to an embarrassing extent. At times local journalists have openly raised slogans in support of the military. Foreign journalists have accused the authorities of misleading them by giving false names of the places they were taken to for reporting. There are several reports of reprisals against journalists by the militants as well as by the security forces. • Human rights violations should be closely monitored both during and post-conflict. HRCP was appalled at reports of extrajudicial killings carried out by security forces. Militant leader Maulvi Misbahuddin was apprehended by the security forces and later the bodies of Misbahuddin and his son were found in Bacha Bazar. The government claims that they were killed in an encounter while eyewitnesses hold that they were arrested by the police in Mardan. Amir Izzat, spokesperson of the Swat militants, was arrested from Amandara. Two days later the authorities claimed that Izzat was killed allegedly by militants trying to rescue him when they attacked the vehicle taking him to jail. Independent journalists claim that the targeted vehicle shown to them did not even have an engine. The most harrowing reports were of dead bodies strewn upside down by the military with notes attached to the bodies warning that anyone supporting the Taliban will meet the same fate. There must be a difference between the actions of agents of the State and those of fanatical non-state actors. Such tactics only terrorise and dehumanise society. HRCP urges the government to impart training to the security forces and familiarise them with human rights and humanitarian law. HRCP has also received credible reports of the security forces resorting to collective punishments, forcible occupation of orchards and the use of indiscriminate and excessive force. • All human rights violations during the conflict must be investigated and those responsible brought to justice. There are reports of reprisals which can only be discouraged if the State fulfills its obligation of providing justice through due process. • HRCP has received reports of children abandoned during the conflict being handed over to dubious NGOs. It is vital that the provincial government keep track of the adoption of every single child and ensure that children are reunited with their families or are looked after by well-intentioned groups.”
Muhammad Irfan (14), son of Muhammad Mukhtar, Tahir Imran (16), son of Abdul Ghaffar, Tahir Mehmood (14), son of Muhammad Aslam and Naseer Ahmed (14), son of Nasrullah. All five are from the Ahmedi community, a minority sect of Islam. It was declared infidel for making amendments in the constitution. The five are victims of the Punjab provincial government working against the Ahmediah sect by holding a conference against the community. On April 11, 2009, the provincial government arranged a conference on the finalization of prophethood and a resolution was passed to purge all officials from the provincial government who are from the Ahmediah sect.
Killing of witnesses threatens the possibility of any justice regarding the large numbers of persons who have disappeared in Pakistan. These recent killings seem to indicate the mobilisation of secret units in order to eliminate those who have knowledge about the maintenance of secret prisons and torture chambers in the country. Particularly those who have taken a keen interest in pursuing justice relating to these matters have been made targets of these killings. It is likely that these killings will be followed by similar actions to others. The knowledge about these murders will also discourage victims and witnesses who want to narrate the human rights abuses they have suffered and to seek justice. The deadening silence imposed in such circumstances will obstruct all attempts to return to a normal situation of rule of law. Now with the intervention of the Supreme Court under the Chief Justice, Iftekhar Choudhry who has been reinstated by popular intervention. On the other hand the terror tactics adopted in this way will act to the advantage of the extremist elements who resort to terrorism
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