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

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 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

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

 

Govt-Taliban deal worries HRCP

Press release, May 14

Lahore: The Human Rights Commission of Pakistan has expressed reservations about the reported terms of agreement between the NWFP government and the Tehrik-e-Taliban Swat. The NWFP government negotiating by giving concessions to militant elements engaged in terrorizing civilians not only glorifies them and their illegal acts but also encourages them. The government’s reconciliatory approach towards those using violence is seen as an incentive to other militants to raise arms against the State and manage a bargaining position. It would be unfortunate if talks between the provincial government and the Taliban lead to a clean slate for armed elements responsible for bombings girls’ schools, NGO outfits and businesses.

HRCP encourages dialogue but not at the cost of granting impunity to perpetrators of human rights abuses. Militants anywhere cannot be treated any differently from other citizens and given a higher status, in imposing their own brand of Islam, laws and morality.

By imposing the Fazalullah brand of Islam in Malakand division the government is playing with fire. It abdicates it responsibility to protect its citizens, particularly women and religious minorities from being persecuted in the name of religion. Conceding in Malakand will not be the end of the story. The adjoining areas are bound to be affected and religious bigotry will travel throughout the country.

HRCP warns that such delicate issues should not be decided from a position of weakness and for the sake of a compromise.

Secretary-General HRCP

Statement by the HRCP Annual General Meeting

Lahore, March 30, 2008

The Human Rights Commission of Pakistan welcomes the Prime Minister’s 100-day reform and relief package, in particular the lifting of the ban on students’ and trade unions, review of the PEMRA ordinance and the FCR, incentive to women workers, relief to farmers, increase in the minimum wage and expansion of employment opportunities. It is an encouraging declaration of purpose and policy.

HRCP believes that a complete break from authoritarian form of governance requires a forward looking approach to the many crises the country is facing. The foremost need is to establish democratic and responsible government, which fully respects human rights and protects its citizens. HRCP believes that while a large number of reforms are required, some initial steps are vitally needed to pave the way for an atmosphere where human rights can be respected:

1.                  The government of Pakistan should become a party to the UN Covenant on Civil and Political rights, ratify the Covenant on Economic, Social and Cultural Rights, as well as the UN Convention on Involuntary Disappearances and the Convention against Torture.         

2.                  Over 1.5 million internally displaced people are in dire state in Pakistan. The government must extend humanitarian assistance to all IDPs and seek for this the co-operation and assistance of the UNHCR.

3.                  At the earliest opportunity, the Parliament should set up a permanent and independent Election Commission and disassociate sitting judges from the electoral process.

4.                   The judiciary must be restored to the position of 2 November and all criteria of independence of the judiciary be adopted, so that the selection and accountability of judges can be made transparent.

5.                  There are thousands of Pakistani prisoners in foreign jails. Over 10,000 are in Gulf countries alone. We urge the government to depute a human rights officer in missions in countries where Pakistani prisoners are suffering. A large number of Pakistani prisoners continue to suffer imprisonment in India despite court orders that they should be repatriated and there are many others who have served their sentences.

6.                  A large number of people are still on the list of the disappeared and their cases are pending in various courts for over a year. The superior judiciary too could not get these individuals freed from the illegal detention made by security and intelligence agencies of the country. The new government should order their release and record their statements, so that the perpetrators of this heinous crime can be brought to justice.

7.                  No political government can survive nor can people’s rights be protected unless the working of Pakistan’s intelligence agencies is made transparent and they are accountable to the elected authorities of the country. The Parliament should identify the laws under which the intelligence agencies of the country operate and make them accountable. A clear message must be sent out that abuse of citizens’ rights and excesses against them by security and intelligence agencies will no longer be tolerated.

8.                  Over 7000 prisoners are on the death row. In the past year, 134 convicts were executed and 309 new ones awarded death penalty. The number of people awarded death penalty and the executions are among the highest in the world. HRCP research shows that international safeguards and restrictions on the application of death penalty are almost never observed. Capital punishment is irreversible and there is strong evidence that it is being applied in the country without regard to the due process. HRCP believes that a moratorium be immediately issued on the execution of death penalty and in the meanwhile a parliamentary committee should review the application of this form of punishment.

9.                  All reports of deaths in custody, torture or through so-called encounters must be thoroughly investigated. The reports of such investigations should be filed in the courts of the District and Civil judges, and made freely available to the media and civil society.

10.             All safe houses being illegally run by the law enforcement and security forces must be closed.

11.             The government must ensure that women also benefit directly from ownership rights transferred to the disadvantaged section of society by the government.

12.             NGOs must be granted access to prisons and police stations.

13.             The Prime Minister must take a pledge from all political parties to denounce militancy and ensure that no political party arms itself.

14.             It is crucial that a high level investigation be carried out into the target killing of scores of policemen in all parts of the country so that the perpetrators are identified and brought to justice.

15.             Finally, HRCP urges members of the parliament to eliminate the misuse of authority by the political forces themselves, including the Nazims. This was particularly evident during the recent election.

16.             Repeal of Pakistan Bar Council Act amendments.

HRCP recognizes that the government is faced with serious economic challenges which require its utmost priority, but these challenges cannot be met unless the rights of the people are fully guaranteed.

Asma elected Chairperson, Iqbal Haider Co-Chairperson

Press release, March 30

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Lahore: HRCP council elections were held today. The new Council elected the following office bearers Asma elected Chairperson, Iqbal Haider Co-Chairperson. Under the new rules HRCP will have Chairperson and Co-Chairperson. Dr. Mehdi Hassan was elected Vice-Chairperson (Punjab), Ghazi Salahudin Vice-Chairperson (Sindh), Ms. Musarrat Hilali Vice-Chairperson (Frontier) and Surriya Amiruddin Vice-Chairperson (Balochistan). Mr. Shahid Kardar was elected Treasurer.

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Zaman Khan, Coordinator HRCP

HRCP: Civil society for change at the top, fairplay and citizens’ rights

Press release

Civil society for change at the top, fairplay and citizens’ rights

Activists of civil society organizations and concerned citizens, including representatives of the four provinces, met at HRCP office in Lahore on January 4^th 2008 to discuss the over-all situation and the upcoming elections and summed up their concerns and demands in the following statement:

The assassination of Benazir Bhutto has made the situation in Pakistan much worse. Elections have been postponed despite the demand by the main parties, including the most severely affected PPP, to stick to the scheduled date of January 8 2008. The new date for elections has been set for February 18, but there are apprehensions of further postponement and lawlessness. General Musharraf’s decision to use the army during and after the elections is ominous as it aims to stifle dissent and public opinion through the use of force. The participants demanded that there must be no further delay in elections as this will only exacerbate the crisis of state and society.

The participants condemned lawlessness regardless of the identity of culprits but insisted that a clear distinction must be made between those who have indulged in looting and destroyed public property and those who gave vent to their spontaneous grief and shock. They expressed concern at reports that the government is using these disturbances as an excuse to enter people’s homes, arrest thousands of party workers and create an environment of fear. The participants strongly and unequivocally condemned the attempt to give an ethnic colour to the tragedy and its aftermath for electoral advantage. They demanded that all political workers must be released immediately and allowed to exercise their democratic rights, otherwise the tendency to single out and blame one party for the disturbances will send wrong signals to the victims and further undermine the federal bond.

It is time for General Musharraf and everyone else to recognize that he is now a major part of the problem rather than a part of the solution. He must accept responsibility for actions and developments that have contributed to the national crisis, especially since August 2006, such as the killing of Nawab Akbar Bugti in Balochistan: the firing of the Chief Justice of Pakistan, mishandling of the Lal Masjid incident, removal of the majority of the superior judiciary, imposition of Martial Law under the guise of Emergency and the absolute failure to make adequate security arrangements that resulted in the assassination of Benazir Bhutto. He should quit office forthwith, and allow the assemblies that will come into existence after the elections to elect the president.

Noting that an independent judiciary is critical to the functioning of a democratic state and order in society, the participants called for the restoration of the judges who have been illegally removed from office. The independence of the judiciary cannot become a reality unless the key institution of the superior judiciary is strong and secure. The judges who took a principled stand rather than follow the precedent of bowing to the whims of the executive have set a very different standard for the institution, eliciting country-wide resonance. Their phenomenal act must be fully and unequivocally endorsed by political parties and society at large. And this can only be done, operationally, by ensuring their restoration. The participants called upon both the parties participating in and those boycotting the elections to come together to ensure the restoration of the superior judiciary.

The independence of the judiciary and the promotion of people’s democratic aspirations has been the central concern of the lawyers’ movement. Bar associations have led a remarkable struggle since March 2007 and put up with state oppression and all kinds of other hardships without faltering. Participants were of the view that the lawyers should be extended full support by the other sections of civil society and political parties to continue their struggle.

The participants demanded repeal of the PEMRA ordinance and removal of all restrictions on the media.

The meeting noted that the real menace of militancy and extremism has to be contested politically. Under no circumstance must force be used indiscriminately as such a policy has led to the death of innocent civilians. This is the inevitable fall-out of an undemocratic state and lack of consensus on the basis of a political strategy. In this regard the meeting took a serious view of General Musharraf’s snide and derogatory comments on Pakistani society which he claims is not developed enough to deserve democracy and democratic institutions. Such unmerited denigration is what emboldens the regime’s external patrons, the United States in particular, to assume that Pakistan can deserve nothing better than autocracy and rule by decree. The government’s continued collusion with the US administration has seriously damaged Pakistan’s sovereignty and turned it into a rentier state that puts the interest of the US before the interests of its own people.

The participants noted that the government’s claim of good governance and economic growth are belied by the rising cost of food and essential items. A minimum of eight-hour power cuts, shortages of water and gas are seriously impacting ion people’s lives and livelihoods. As always, the worst hit are the vulnerable sections of society: the poor, women, minorities and children.

The manifestos of the political parties taking part in the elections were discussed at the meeting. While appreciating the parties’ efforts to address the many issues confronting the state and the people, the participants expressed the view that greater attention needed to be paid to the means of combating religious extremism, discrimination against women, minorities and the economically marginalized. It was also necessary to plan for the elimination of poverty and guarantee a fair deal to the tillers of the soil and the working people.

There was unanimity on the point that Pakistan’s tribulations will not end so long as the socio-political economic system was not changed. This means that even after the polls - and assuming the acceptance of results by the people – those sitting in assemblies and those boycotting the polls both will face the challenge of putting the state back on the rails. The people of Pakistan call upon the political parties to knit together and integrate all parts of the federation and to reform all legal, administrative and political structures so as to end denial of full citizenship and other basic rights to the peoples of the Northern Areas and FATA, and to adopt measures that could ensure that equity and justice will govern the relationship between the provinces. Without such steps, no progress will be possible.

I. A. Rehman

Director HRCP