HRCP hails event

Press Release, August 18

 

Lahore: While hailing General (R) Pervez Musharraf’s resignation from presidentship as the logical result of the people’s verdict of February 18, the Human Rights Commission of Pakistan (HRCP) has stressed the sobering effect of the development and reminded the coalition partners that satisfaction of the people’s heightened expectations will now demand greater sincerity and resoluteness than before. In a statement issued here today, the HRCP chairperson, Asma Jahangir, said:

 

Although General (R) Musharraf’s decision to quit before getting impeached will be considered one of his rare acts of kindness to the people, no tears will be shed for him. If he really cared for Pakistan as much as he claimed in his long peroration today, he should have resigned much earlier, as soon as the February 18 results were out. Indeed he might well have desisted from subverting the constitution nine years ago. But while the coalition partners and the people at large have good reason to celebrate their victory, the present is a sobering moment. Now the people’s expectations, already high after February 18, will soar even higher. The government will be tested to the extreme in meeting these expectations. Unity of democratic forces, effective supremacy of parliament, and consolidation of institutions of governance, the judiciary foremost among them, will be essential for pulling the state out of the mire created by a dictatorship. The issues that will brook no delay are: steps to fight ongoing insurgency in the north and the plight of the internally displaced persons as a result thereof; a crash programme to deal with the economic crisis, especially the rising cost of living and unemployment; and the urgency of guaranteeing the security of life and liberty. The people also must not forget that constant vigil is the price of liberty. And of progress too.

 

Asma Jahangir

Chairperson

Redeem all your pledges, says HRCP

Press Release, August 8

 

Lahore: Commenting on their Thursday’s decisions, the Human Rights Commission of Pakistan (HRCP) has called upon the members of the ruling coalition to redeem all their pledges to establish democracy and supremacy of parliament, restore judges and the independence of the judiciary, and secure the people’s release from grinding poverty and unemployment, with the seriousness that their obligation demands. In a statement issued here today HRCP Chairperson Asma Jahangir said:

 

On Thursday the leaders of the coalition parties stopped their gyrations and chose to move in a direction the people can recognize and understand. It was time they did so and arrested the process of the citizens’ frustration at lack of the new government’s interest in honouring the electorate’s unmistakable verdict of February 18. They will be forgiven their dithering over several precious months if they redeem their pledges with the seriousness and the sense of urgency their responsibilities demand. These pledges are: a complete break from authoritarianism, transition to democratic governance and establishment of the supremacy of parliament; restoration of judges and independence of the judiciary; and a concerted campaign to alleviate the socio-economic plight of the people, especially to secure their release from grinding poverty, unemployment and the various forms of denial of their basic rights and freedoms. For the citizens elections and change of regime are not meant to provide only for the advancement of a few, nor are they matters for academic quibbling or rhetorical flourishes, these are merely mile posts on their journey towards freedom, security and prosperity. The coalition leaders’ earnestness in resolutely pursuing the course they have chosen alone will guarantee them the public support without which the state cannot achieve anything. Besides, no political arrangement can survive by adding fresh pledges to older, unfulfilled commitments. The conseques of allowing the latest resolution to meet a fate similar to that of the Charter of Democracy or the Murree Declaration will be too dreadful to be imagined.

 

Asma Jahangir

Chairperson

SAARC states urged to attend to people’s rights and needs

Press Release, July 31

 

Lahore: While welcoming the SAARC Summit in Colombo (August 2-3, 2008), the South Asians for Human Rights (SAHR), a regional body of human rights activists, has commended the SAARC governments’ decision to address people’s daily concerns – food, water, energy and environment, and urged the member states to ensure social justice by ensuring the promotion of people’s fundamental rights.

 

In a statement issued by the SAHR chairperson and co-chairperson, Mr. I.K. Gujral (India) and Dr. Hameeda Hossain (Bangladesh), the organization drew SAARC members’ attention to several grave situations in the region. It said:

Text of proposed constitutional package

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We are sharing with you the complete text of the proposed constitutional package so that you may also be able to examine it according to your perception and further be able to use it for research and reference usage.

 

You might also like to see our previous blog post “HRCP’s study of the proposed constitutional package” for our comments and input.

 

 

POINTS FOR DECISION

The provisions of the following Articles are subject to Decision after consu1tation with the Coalition Partners

(1) Tenure; of Judges (Article 179 and 195)

(2) Article 243 and 243A.

(3) Restoration of Judges (270CC)

(4) Validation of Ordinances (Article 270AAA)

Draft

Note: This is not a Sacrosanct Document and can be changed or altered  by Coalition Partners in the Parliament and others.

A Bill further to amend the Constitution of the Islamic Republic of  Pakistan Whereas it is expedient further to amend the Constitution of the  Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:-

EVERY HUMAN HAS RIGHTS - the Elders’ campaign

Visit the Every Human Has Rights Website and sign the declaration

(text from website)

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In the 60th year of the Universal Declaration of Human Rights, The Elders, with many organizations around the world, joined to launch the Every Human Has Rights campaign.

 

We urge you to embrace the values and goals of the Declaration. To protect the rights of your fellow global villagers. And encourage others to do the same in your communities, workplaces and schools. Click here to learn more about the campaign

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Campaign Themes

 

Each month leading up to the 60th Anniversary of the Universal Declaration of Human Rights, one of the campaign partners will highlight a specific area of the rights contained in Universal Declaration; teaching you about its roots, where it stands today, and how you can get more involved. This month’s theme,

 

Freedom from Fear, Preventing Torture, has been brought to you be the Amnesty International

 

Speak out

 

The most formidable enemy of human rights today is silence. Here the Every Human Has Rights campaign partners hope to tell many stories of human rights triumphs and abuses from across the globe, so that all can learn from them.

 

We’ve begun with a few profiles of people who we admire for the work they do. We hope that you will find the following stories of how individuals are standing up for human rights, both a learning and an inspiration. Tell us your story or the story of your community

 

Asma Jilani Jahangir

Human Rights Commission of Pakistan

Arrested with other opponents of Pakistan’s General Musharraf in November 2007, Asma Jahangir, head of the country’s human-rights commission and a UN special envoy, has spent decades defending Christians and Muslims sentenced to death under harsh and capricious blasphemy laws. She shelters women whose families want to murder them — because they deserted cruel husbands. She investigates the fate of prisoners who vanish in police custody, and battles for their release. Read more

 

Asma Jilani Jahangir
http://www.everyhumanhasrights.org/asma-jilani-jahangir

HRCP’s study of the proposed constitutional package

Press Release, June 7, 2008

 

The Human Rights Commission of Pakistan has studied the proposed constitutional package floated by the Pakistan People’s Party. There is no doubt that the present Constitution, which contains several amendments, particularly those inserted through the brute force of dictators require wide ranging amendments so that the country can embark on a constitutional rule. At the same time, the package does not fulfill a number of requirements and is tailored to suit the interests of the current set-up, rather than to deepen democratic governance. HRCP wonders how the PPP proposes to secure support to their package as clearly they do not have the two-thirds required for Constitutional amendments. As such the few pressing issues, including of the restoration of the judges will painfully linger to the detriment of the country and the democratic transition.

 

There are a number of positive amendments. The change of name of NWFP to Pakhtoonkhwa, the demise of Article 58(2) B, reserved seats for minorities in the Senate and the restoration of the executive authority with the Prime Minister are steps in the right direction. HRCP also welcomes the amendments regarding the selection and appointment of judges to the superior courts and in restricting sitting judges from taking on other high official assignments. There is though a contradiction. Sitting judges cannot be appointed as a Chief Election Commissioner or to other non-judicial posts but can still be members of the Election Commission.

 

HRCP rejects the requirement of the Prime Minister of being a Muslim as added by the Package amendment to Article 91. It is disappointing that a party who prides on its democratic credentials should discriminate amongst citizens on the basis of religion. The package has also not touched upon Articles 62 and 63, that require members of the parliament to be “pious” and their qualification is based on vague and subjective criteria of the “goodness” or otherwise of an individual. Similarly, the restriction on the election of a person for more than two terms to be Prime Minister is kept intact.

 

The suo motu powers of the Federal Shariat Court to take up any law and strike it down, as being repugnant to Islam is being kept intact, while the original jurisdiction of the Supreme Court to hear matters of public importance with reference to the enforcement of Fundamental Rights is severely curtailed by the Package. Under it, the Supreme Court can only pass a declaratory order under its inherent powers and will be not be able to enforce its rulings providing relief to the victims. HRCP is mindful that judges must act and select cases of “public importance” with due care and through well-reasoned judgments, yet the Package amendment will be a serious blow to the enforcement of fundamental rights of vulnerable groups and individuals in Pakistan.

 

HRCP rejects the wording of “reappointment” of the pre 3^rd November judges as recommended under Article 270 CC of the Package. It could also be misconstrued especially as the two consecutive terms of the Chief Justice appear to have been deliberately kept vague. As such the Package leaves an impression that the formula of minus-one and plus-one has been adopted, which has firmly been rejected by the lawyers community and civil society. It will lead to a worse judicial crisis that will have long-term repercussions.

 

The intention of the package appears to undermine the independence of the superior courts. The composition and powers of the Judicial Commission are arbitrary. The Commission has the potential of turning itself into a menacing watchdog rather than an impartial tribunal. By allowing, the Judicial Commission to make a code of conduct for the superior judiciary the authors of the Package have subjugated the Supreme and High Courts to a body of retired persons. The requirement of Commission members to be “non-politicized” is vague and absurd. Who decides what is “non-politicized” and how can any person of knowledge and standing be politically empty? HRCP is amazed that a political party should frown upon anyone who is “political” and prefers to hand their destiny in the hands of those who are bankrupt of political thought. Such train of thinking usually originates from military bases rather than from political parties.

 

HRCP hopes that the PPP will take on board the suggestions made to it by all political forces and make clear decisions on the Constitutional direction it wishes to pursue. Priorities must be set as several issues are at stake and must be resolved through the Parliament, but the Package must not keep all of them hostage to a collective decision in a single Package. The present draft of the Package is totally unconvincing, both in its intent and substance, in dealing with the political crisis left behind by Musharaf and his military predecessors.

 

Asma Jahangir

Chairperson

HRCP delegation met with the Chief Minister of Sindh

HRCP delegation met with the Chief Minister of Sindh

 

HRCP has been holding consultations on human rights issues confronting the country. With a new democratically elected government in power, HRCP believes it is time to share concerns and proposals with political leaders.

 

Therefore, a delegation of the Human Rights Commission of Pakistan headed by Iqbal Haider, Co-Chairperson HRCP, comprising of Uzma Noorani, Asad Iqbal Butt, Sindh Council Members of HRCP, and Ejaz Ahsan, Program Coordinator, HRCP had a meeting with Mr. Syed Qaim Ali Shah, Chief Minister of Sindh at CM House on June 5, 2008.

 

HRCP delegation shared a copy of policy statement of HRCP on critical issues of human rights, for the consideration and support of PPP leadership . This policy statement was adopted by the General Body at HRCP’s Annual General Meeting held recently.

 

CM promised moving necessary resolutions and bill for legislation wherever required, for expeditious implementation of the recommendations of HRCP on human rights issues.

 

HRCP also expressed concern over marrying off 15 under-age girls to settle tribal dispute through a jirga held in Chach village, Kashmore-Kandhkot and demanded that the provincial government take immediate action against all those responsible for the illegal and inhuman decisions and ensure immediate release of the minor girls.

 

Iqbal Haider also presented the recently published, Annual Report of HRCP “State of Human Rights in 2007″ to the CM.

 

Policy Statement of HRCP

HRCP slams marrying off under-age girls to settle tribal disputes through a jirga near the Sindh-Balochistan border

HRCP slams marrying off under-age girls to settle tribal disputes through a jirga held in Chach village near the Sindh-Balochistan border

 

Press Release, June 2, 2008

 

Karachi: While strongly demanding the immediate arrest of all those who participated in the jirga and of those as well who agreed to the trading of the minor girls for settlement of a tribal feud – both heinous crimes, the Human Rights Commission of Pakistan expressed strong disapproval of the agreement between the Chakrani and Qalandari tribesmen on Friday, May 30, to settle a blood feud between the two tribes.

 

According to the information gathered by a fact-finding team of HRCP, the eight-year-old dispute was settled between the two Bugti tribes – Chakrani and Qalandrani, in a jirga held in Chach village near the Sindh-Balochistan border. This tribal feud had claimed the lives of 17 Qalandaris including 5 women and 3 Chakranis.  The jirga decided to implement a decision reportedly announced by Nawab Akbar Khan Bugti in 2002, according to which the Chakrani tribe will pay a fine of Rs. 45 lacs and marry off 15 girls irrespective of their ages.  The fact-finding team found out that Shar Badag, Aishi Khan and Sohbat Khan of Qalandrani tribe and Noor Ali, Mir Khan and Shahnwaz of Chakrani tribe participated in the jirga.  According to the Kashmore-Kandhkot DPO Mohammad Younus Chandio, so far it could not be ascertained that the jirga was held in the province of Sindh or Balochistan.  Most of the tribesmen of the two tribes lived in Dera Bugti and Jafarabad in Balochistan and there were only a few houses in Sindh, the DPO added.

 

HRCP demands that the provincial government take immediate action against all those responsible for the illegal and inhuman decisions and ensure immediate release of the minor girls.

 

Iqbal Haider, Co-Chairperson

 

HRCP demands release of Baloch human rights activists

Press Release, May 29, 2008

 

Karachi: In a joint statement issued to the press, Iqbal Haider, Co-Chairperson, Human Rights Commission of Pakistan (HRCP) and Ghazi Salahuddin, the Vice Chairperson of HRCP Sindh Chapter, expressed concern over the abduction / arrest of two Baloch leaders and human rights activists namely Wahab Baloch, the president of the Baloch Rights Council and Ghulam Muhammad Baloch, who had come to the HRCP office on Abdullah Haroon Road, Karachi yesterday, the 28th of May 2008, to discuss the human rights problems and issues including the plight of the missing persons.  HRCP is distressed to learn that when they left the HRCP office at about 5:30 pm, they were abducted / arrested by law enforcement agency personnel. 

 

HRCP immediately made every effort to know the whereabouts of the two Baloch leaders but in vain.  This morning on making inquiries HRCP discovered that:  

 

Wahab Baloch, the president of the Baloch Rights Council and a well known human rights activist is still missing.  HRCP is deeply concerned about his enforced disappearance and the condition under which he may be held. 

 

Ghulam Mohammad Baloch, the president of Balochistan National Movement (BNM):  the police has admitted that he is in custody at PS Frere and an FIR has been registered against him for allegedly a provocative speech outside the Karachi Press Club. He was earlier picked and made to disappear on 03.12.2006 for about a year and was released in September 2007. 

 

HRCP believes that this amounts to outright harassment and victimization of the Baloch leaders and human rights defenders.  There is no lawful reason or justification for arresting the two leaders, implicating Ghulam Muhammad Blaoch in a false case and charges and abducting a very well known human rights activist, Mr. Wahab Baloch.  

 

HRCP strongly condemns this harassment of the Baloch activists and demands immediate release of Wahab Baloch and Ghulam Muhammad Baloch.

 

Iqbal Haider, Co-Chairperson

Ghazi Salahuddin, Vice Chairperson, Sindh Chapter

 

HRC membership: HRCP expects Pakistan will improve human rights record

Press release, May 29, 2008

Lahore: The Human Rights Commission of Pakistan (HRCP) is happy to see Pakistan win membership for a second term to the UN Human Rights Council (UNHRC). It has keenly followed the Universal Periodic Review of Pakistan carried out by UNHRC. HRCP hopes that the government will honor the commitments it made and follow up the recommendations submitted by UNHRC. It urges Pakistan to play a constructive role in the world body and improve its human rights record. Human rights bodies expect members of UNHRC to act in a responsible manner and to deepen human rights values at the national and international level.

 

HRCP welcomes some undertakings made by the government of Pakistan. The setting up of an independent national human rights body according to the Paris principles is a step in the right direction. Its effectiveness will depend on the selection of Commissioners and the mandate that the Commission is entrusted with. Members of such commissions must have a sound knowledge of human rights principles and must be individuals of integrity. This membership of the Commission must maintain a gender balance and include minorities. The Commission must have a countrywide jurisdiction and should be able to conduct investigations against allegations of human rights violations carried out by all categories of security forces.

It is encouraging that the government has undertaken to accede to the International Convention for the Protection of All persons from Enforced Disappearances. This is a positive development. It will lend credibility to the new government as it has promised to investigate cases of disappearances. Equally encouraging was the statement made by the government at the UNHRC that it was working on a proposal to commute the death penalty to life imprisonment.

However, the government’s position on the overall issue of death penalty remains ambivalent. It refuses to recognize that the issue of imposition of death penalty was linked to human rights. It made a tall claim that death penalty was imposed after exhaustion of all remedies through due process. HRCP vehemently disagrees.

Safeguards and restrictions to the imposition of death penalty is a universal and recognized human rights principle. It is a fundamental right to life. Capital punishment in Pakistan has not been imposed with caution. Pakistan has one of the highest numbers of prisoners in death cell. At present over 7,500 persons, including a few women are awarded capital punishments. There is sufficient evidence and research to show that due process, safeguards and restrictions imposed under customary international law have not been applied to those convicted to capital punishment.

Pakistan’s representative to the UNHRC made several misleading statements. She assured the members of the UNHRC that while preparing for the Universal Periodic Review the government held wide consultations with human rights bodies in the country. She also assured the Human Rights Council that human rights defenders were not being obstructed or allowed to operate freely. HRCP takes a serious exception to it. The government did not even attempt to hold any dialogue with Pakistan’s human rights organizations during this process. Several human rights defenders were beaten, imprisoned, and tortured in the last few years. Even today, NGOs are not being able to operate freely and are threatened in certain parts of the country. The government has not taken any action against the perpetrators. HRCP expects democratic governments to portray a true picture of the human rights situation in the country and to resist the temptation of undermining recognized human rights norms.

Embarrassing and unconvincing statements were also made in the context of religious minorities. Pakistan’s representative to the UNHRC tried her utmost to convince the Council that incidents of abuse against religious minorities were insignificant. The representatives claimed that the penal code only contained provisions for the proscription of actions and statements that would offend all religions and these laws applied to all without distinction based on faith. In 2007, HRCP has documented several cases of abuse and human rights violations against religious minorities. Reports of demolition and occupation of minority religious sites have also been made public. Pakistan Penal Code specifically prescribes punishments against the Ahmediaya community and discriminates against religious minorities.

Another faux pas made by Pakistan’s representative was to deny the existence of caste system. There are several hundred so-called low-caste Hindus living and being exploited in Sindh.

Pakistani representative, though, admitted and regretted that incitement to hatred against other religions was being promoted in some mosques. She defended inaction and lack of legislation on the plea that “religious sentiments run high in Pakistan”. HRCP regrets that this approach only emboldens those who preach violence and advocate hatred in the name of religion. A large number of such preachers are government employees and inaction of the government only indicates its approval of such hate speech.

HRCP rejects the government’s position at the UNHRC regarding the Hadood Ordinances. It is the obligation of a government to protect women from being abused and exploited. The law of Zina does precisely that. The government is misleading itself by denying that the vulnerability of women being accused of Zina is not a violation of their right. Similarly, marital rape is a crime and not a right or privilege of the offender.

The government of Pakistan also misled the UNHRC by assuring it that security forces were trained in Humanitarian Law and that alleged human rights violations by them were investigated as well as precautions taken to avoid “collateral damage”. HRCP has authentic reports of disappearances, torture, and illegal detention carried out by the security forces with impunity. A large number of non-combatant have been targeted and killed by the security forces and so far, no inquiry or investigation has been carried out. There are hundreds of thousands of Internally Displaced Persons who have been virtually abandoned by the government after they left their homes following indiscriminate use of force by the security forces.

HRCP urges the newly elected democratic government to paint a true picture and to acknowledge the large-scale human rights violations committed by the Musharraf regime. By glossing over the dark past, the government will only add salt to the wounds of the victims.

 

I. A. Rehman, Secretary General