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

Pakistan must ensure justice to Dr. Aafia; probe her children’s disappearance: HRCP

Press Release, August 12

 

Lahore: The Human Rights Commission of Pakistan urges the government of Pakistan to fulfil its duty of ensuring that Dr. Aafia Siddiqui receives full justice, necessary facilities and immediate medical attention. HRCP demands an official investigation into Dr. Siddiqui’s, and her children’s, disappearance and details of their detention - from the point of being picked up in 2003 till the present. HRCP also emphasises that Dr. Siddiqui should not be repatriated to Pakistan against her wishes and be given the full opportunity to contest her case in the US. The fear is that once she has been repatriated to Pakistan she will be pressurised by the intelligence agencies to maintain silence and she will not be able to secure justice. Though it may be a relief that she has been traced there is no information about Dr. Siddiqui’s children. The government must also disclose the whereabouts of her children.

 

The Human Rights Commission of Pakistan has been following the case of disappearance of Dr. Aafia Siddiqui and her three children since early 2003. The information collected by HRCP at that particular time was that in March 2003 Dr. Siddiqui, along with her three children, left her mother’s house in a taxi on her way to the Karachi airport and was picked up by an intelligence agency. What she was accused of when picked up has not been made public. Strangely, the only charge against her is an alleged assault against her captors while in custody.

 

A statement was issued expressing concern on this most heinous violation of human rights and HRCP demanded an explanation from the government. The parents of Dr. Siddiqui were also contacted, who were under sever threat of the intelligence agencies and warned not to speak either to the press or any human rights organization. At one point office bearers of the HRCP contacted the family of Dr. Siddiqui and arranged to meet but at the last minute they expressed their “inability” to see the office bearers despite the fact that the meeting was arranged at their request. Since then HRCP representatives have been in touch with the family and filed a constitutional petition in the Supreme Court which is still pending. The petition was heard on the 8th of March 2007 and at several subsequent hearings the government expressed their ignorance of the whereabouts of Dr. Siddiqui and her children.

 

HRCP is convinced that Dr. Siddiqui and her three children were picked up from Karachi as is evident from the initial reports and urges the government to now play a positive role in insuring that she gets full justice, fair trial as well as compensation from the government of United States for the mistreatment meted out to her. HRCP appreciates that the Pakistan mission has sought consular access to her yet these belated efforts can only be compensated if the Pakistan government is able to intervene in the courts in the US and submit an honest investigation report

 

HRCP will remain in touch with the legal team defending Dr. Siddiqui and will make all efforts to submit its own reports through her lawyers.

 

The violation of the rights of Dr. Siddiqui and her children, and countless other missing persons, is squarely the responsibility of the government of Pakistan. There is enough evidence indicating that she was initially picked up by the intelligence agencies in Pakistan and therefore it is not only the government of the United States but also the government of Pakistan that must be made accountable for this crime.

 

HRCP fears that the fate of Dr. Siddiqui will be the same as hundreds of others who have disappeared, been tortured and rendered to third countries without following the legal process. Regrettably petitions of hundreds of people in almost similar circumstances are pending in the courts of Pakistan and not in one single case has full justice been delivered. No one has received compensation neither have the perpetrators been brought to justice.

 

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

Colombo Declaration: Freedom and Safety of Media in Conflict Situations

We, the participants at SAARC Journalists Summit-IV on ‘Freedom of media in conflict situations’ in Colombo, Sri Lanka, on July 30-31, and August 1, 2008, have agreed to adopt the following Colombo Declaration on Freedom and Safety of Journalists:

 

Deeply concerned by attacks on the freedom of media and media persons including murder, deliberate attacks, abductions, hostage-taking, harassment, intimidation, illegal arrest and detention and incitement to violence against them due to their professional activities in the conflict zones and beyond in the South Asian region;

 

Believing that media freedom is inseparable from the fundamental human and civil rights guaranteed by the constitution and enforceable through independent judiciary in a democratic system where both the state and society respect freedoms, show tolerance to dissent and practice pluralism;

 

Recalling Article 19 of the Universal Declaration of Human Rights that guarantees freedom of expression as a fundamental right, and confirming that freedom of expression is essential to the realization of other rights set forth in international human rights instruments, and endorsing Resolution 29 entitled “Condemnation of violence against journalists”, adopted by the General Conference of UNESCO on 12 November 1997 that calls on Member States to uphold their obligations to prevent, investigate and punish crimes against journalists,

 

Endorsing the adoption by the Security Council of the United Nations of Resolution 1738 on 23 December 2006 calling on all parties to an armed conflict to fulfill their obligations towards journalists under international law, including the need to prevent impunity for crimes against them and further requesting the Secretary-General to include as a sub-item in his next reports the issue of the safety and security of media professionals and organisations;

 

Taking note of hitches and obstacles to transition to full democracy in the countries of the region, such as Bangladesh, the Maldives and Pakistan;

 

Disturbed over the deteriorating security situation in Afghanistan and the tribal belt of Pakistan and urging the concerned authorities and security agencies to take appropriate measures against extremism, terrorism and intolerance, avoiding, however, collateral damage to people in general and journalists in particular;

 

Concerned about the increasing tide of intolerance by state and non-state violent elements against free expression among the member countries of SAARC;

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

****

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:-

HRCP condemns harassments of human rights defenders

Press Release, June 20, 2008

 

Karachi: In a statement issued to the press, Iqbal Haider, Co-Chairperson of the Human Rights Commission of Pakistan strongly condemns the harassment and victimization of human rights defenders, for raising voice against bonded labour. 

 

Mr. Haider said that it was shocking that the main accused reportedly involved in the crime of bonded labour and kidnapping, arrested under the court order has been released after the dismissal of the independent judiciary of the superior court.  Now not only that he has been released but he has the audacity to harass, and victimized human rights activist like Mr. Akhter Baloch by reportedly filing a criminal case of defamation in a district and session court of Sanghar. It is also learnt that the court has issued warrant of arrest of Mr. Akhter Baloch in a baseless and mala fide case. Akhter Baloch is a member of HRCP and has been actively pursuing the cases of bonded labourers, in particular for recovery of the bonded family of Munno Bheel.

 

Mr. Haider has called upon the authorities, to give due protection to the bona fide member and activist of HRCP, and to prevent misuse of the due process of the law and ensure that no human rights activist is harassed and victimized by the violators of the human rights and the law.

 

Iqbal Haider, Co-Chairperson

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 expresses support for the Long March

Press Statement, 6 June 2008

 

Karachi: Co-Chairperson of Human Rights Commission of Pakistan, Senator (R) Iqbal Haider, has expressed wholehearted support of HRCP to the lawyers movement for restoration of the judges, independence of judiciary & rule of law. He has assured the lawyers community of participation of HRCP, its office bearers & members in the “Long March” of the lawyers from Multan to Islamabad, for achievement of the said noble causes, which are imperative for the protection of the human rights and national interest.

 

Mr. Haider stated that there is no tenable reason or justification for connecting the restoration of the judges of the superior courts and their Chief Justices with the Constitutional Package.

 

Mr. Haider emphasised that the delay in restoration of the judges as was committed by the Shaheed Chairperson, Muhtarma Benazir Bhutto as well as in the Murree Declaration, is not in the interest of the country or of the ruling coalition parties, because this delay is promoting unrest and uncertainty in the country and jeopardizing & harming functioning, image and credibility of the Federal Government and its coalition parties. The Government should realize the importance of this issue and the earlier the judges are restored unconditionally, the better it would be for the coalition partners in the Government, as well as in the interest of the people.

 

Senator (R) Iqbal Haider, Co-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