Serious concerns over mass graves, extrajudicial killings, IDPs’ plight in Swat: HRCP

Press Release, 12 August 2009

Lahore: A fact-finding mission of the Human Rights Commission of Pakistan (HRCP) to Swat has documented accounts of extrajudicial killings by the security forces, discovery of mass graves in the conflict-hit region, and the continued suffering of the civilian population.

A number of Swat residents have reported sighting mass graves in the area, including at least one in Kookarai village in Babozai tehsil of Swat district and another in an area between Dewlai and Shah Dheri in Kabal tehsil, the three-day mission’s report said on Tuesday. Witnesses who have seen mass burials said that at least in some cases the bodies appeared to be those of Taliban militants, it added.

The mission expressed HRCP’s grave concern over the “worrying development” and also over credible reports of numerous extrajudicial killings and reprisals carried out by security forces. The mission said: “It is vital for the success of the military operation against terrorists that the security forces’ actions are distinguishable from the atrocities committed by the Taliban. ‘Taliban justice’ has been rightly condemned for its brutal and arbitrary nature and was crucial in helping turn the public opinion against the extremists. Treatment of individuals by government must aspire to a higher standard.

Human rights violations by security forces can only be discouraged if the State puts in place a transparent mechanism to monitor violations both during and post-conflict and fulfills its obligation of providing justice through due process.”

The HRCP mission also noted serious difficulties faced by the local population and internally displaced persons (IDPs) returning to Swat. “The IDPs have returned to find a number of houses in the area damaged in the military operation. Shops in most areas are yet to reopen and the ones that are open have scare supplies. The local people demand that the government ensure the supply of essentials to the returning population, including subsidised edibles for the families that cannot afford to buy them on account of financial losses suffered during and prior to the military operation. Restoration of the devastated infrastructure and provision of safe drinking water must be given top priority to prevent the spread of disease.”

While a massive security operation in Swat seems to have dented the Taliban network in the area for now, but the threat of Taliban exists. Lack of safety and security remain for the people being sent back to the valley from IDP camps, the mission report added. That the law and order situation is still not completely under control is testified by the continued curfew in the area. Even military officials in the area acknowledge that parts of Swat are yet to be purged of the militants. The beheading of a police official in Sangota, Mingora, on July 28 triggered fear among local residents, who had returned to their homes after being assured that the militants have been flushed out of the area.

None of the national and provincial assembly members or district or tehsil nazims have so far returned to the conflict-hit area. Their absence itself is a reflection of the apprehension of lack of security in the region. The government should provide the elected representatives of the area appropriate security to encourage their return, which would also boost public morale. The mission urges a campaign to apprehend local-level Taliban operatives and other terrorists.

The returns from the IDP camps must be voluntary and the people should be given accurate assessment of the situation on ground to enable them to make an informed decision. HRCP emphasises that security of the displaced population must be the guiding principles in any decision on repatriation. “The shifting of IDPs from camps in NWFP cities to safe places in Swat, and not hurried repatriation or closure of camps for the IDPs, must be the main consideration for the government,” the mission said.

The government must not send the returning IDPs to areas yet to be cleared of Taliban presence and should instead move IDP camps to those areas of Swat that have been secured and are accessible to national and international humanitarian aid agencies. It will make the displaced population feel more at home in a climate they are accustomed to, the mission said.

It said the IDPs should be expeditiously compensated for the damage caused to their houses and other property during the military operation to allow them to rebuild their lives at the earliest.

The civil society must also come forward to assist the traumatised population of the conflict-hit region as well as demand provision of justice through due process and an end to human rights violations in security operations.

Asma Jahangir
Chairperson

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Early enforcement of economic rights urged

Press Release, July 20, 2009

Lahore: The government has been urged to take expeditious measures to ensure enforcement of the people’s economic, social and cultural rights, especially their rights to work, a decent standard of life, equality of opportunity and social security and the right to food, land and housing.

The call was made at a day-long workshop with civil society organizations, trade union representatives and economic experts organised the other day by the Human Rights Commission of Pakistan (HRCP).

The workshop was organized to discuss implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) which was ratified by the Pakistan government in April last year.

The participants called upon the government to immediately draw up an action plan for the fulfilment of its obligations under the covenant in partnership with civil society organizations. A similar procedure should be adopted at the time of drawing up a report on legislative, administrative and policy measures taken by Pakistan to implement the provisions of the ICESCR, the meting stated.  Since this report is to be submitted to the UN by April 2010, the participants urged the government to launch its action plan without any loss of time and to start creating a reporting mechanism forthwith.

The workshop participants unanimously held that it is necessary to transfer the economic, social and cultural rights, such as the rights to education, health and social security, from the constitution’s chapter on principles of policy to the fundamental rights chapter, so as to make them enforceable and justiceable.

Besides indicating the priority tasks for the government the workshop participants called upon the civil society organizations, the media and human rights activists to spread awareness of economic, social and cultural rights, put pressure on the government for their enforcement and monitor the progress towards this end or the lack of it.

The main recommendations made at the workshop are:

* The civil society welcomes the ratification of the ICESCR but this step will be meaningless until the government takes the legislative, executive and policy measures required to implement the rights recognised in the treaty.
* The efforts for constitutional reform should include the transfer of economic, social, and cultural rights from the chapter on principles of policy to the fundamental rights chapter.
* All state policies should be transparent. The pledges made at the international forums and the reports filed with them must be made public.
* Every Pakistani citizen’s right to adequate food must be guaranteed.
* The people’s right to land should be fully respected. The land utilization pattern should be determined not only with an eye on economic benefit but also to eliminate land hunger and meet the cultivators’ entitlement to own farmland. The agriculture workers should be enabled and encouraged to form unions.
* The right to shelter/ housing should be adequately respected as a lack of self-owned housing forces a large number of people to live at the sufferance of powerful groups/ individuals.
* Everybody’s right to work must be recognized. This right includes freedom to choose work, the right to join unions and collective bargaining.
* In order to ensure that no one is paid less than the minimum wage, the necessary mechanism should be put in place and the state should accept the responsibility for monitoring compliance.
* The entire population should be brought under social security cover. Old age benefits and the rights of pensioners should be effectively guaranteed.
* All forms of discriminations against the minorities in the constitution, in  laws and in social practices must be eliminated.
* The right of the special people to education and employment and in social equality should be duly recognized.
* Trade and investment policies must not involve surrender of ownership of national resources or the rights of workers and consumers. Corporate farming by MNCs for producing food for other countries must not be allowed.
* All ILO conventions ratified by Pakistan must be enforced in letter and spirit, Safety at workplace and zero tolerance for sexual harassment must be fully ensured. The state should guarantee compliance with labour laws and the system of factory inspection ought to be revived. The system of third party contract labour must be abolished.
* Primary education must be made compulsory and free and a time-frame given to make secondary education free and universal. Corporal punishment, hate preaching and training in use of arms and violent methods must not be allowed in educational institutions.
* All communities’ rights to their demographic status, ownership and control of their resources, and political and cultural autonomy must be guaranteed
* The entire population must be guaranteed an effective and affordable health cover.

Prominent among the participants were economists Dr. Asad Saeed, Harris Gwadar and Ali Erelelan; Trade Union leaders, Farid Awan, M. Shafiq Ghori, Habib Junedi, Majid Shaiekh and Latif Mughal; Educationists Dr. Tallat Wizarat. Ms. Saleha Athar and Tauseef Ahmad Khan; Civil Society representatives, Rahat Saeed (Taraqi Pasand Musanafeen), Ms. Rahima Panhwar (SPO), Ms. Sadia Baluch (SPARC), Sharafat Ali (PILER), Madad Ali (Peasant). Zahid Farooq (URC); and Asad Iqbal Butt, Amarnath Motumal, I.A. Rehman, Syed Shamsuddin, Abdul Hai and Adnan Adil (all from HRCP).

I.A. Rehman
Secretary General, HRCP

HRCP welcomes the ratification and signatures of three core UN human rights instruments by Pakistan

Press Release, April 18, 2008

Karachi: In a statement issued to the press, Iqbal Haider, Co-Chairperson of the Human Rights Commission of Pakistan welcomes the ratification and signatures of three core UN human rights instruments by Pakistan

On Thursday, Pakistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESR), which is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals, including labour rights and rights to health, education, and an adequate standard of living.  The ICESCR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), and the latter’s first and second Optional Protocols.

HRCP notes with appreciation that the truly elected Government of Pakistan has accepted the long outstanding demand of the human rights activists by signing and rectifying the International Covenant on Civil and Political Rights (ICCPR) as well as Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).  CAT is an international human rights instrument, under the purview of the United Nations, that aims to prevent torture around the world.  The Convention advises states to take effective measures to prevent torture within their borders, and forbids states to return people to their home country if there is reason to believe they will be tortured.  The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984 and, following ratification by the 20th state party, it came into force on 26 June 1987; 26 June is now recognised as the International Day in Support of Torture Victims, in honour of the Convention

Mr. Haider said that the ratification and signatures of these three crucial UN human rights instruments are indeed significant step forward by the present elected Government of Pakistan in fulfilling its pledges and commitment to promote human rights of the people of Pakistan in accordance with international human rights law. Joining the main international human rights instruments reflects the commitment of the democratic Government to promote and further strengthen the mechanism to protect the human rights of the people in Pakistan, including the rights of women, children, minorities and the unprivileged.

Mr Haider emphasized that implementation of these very important UN human rights conventions, is an equally important task of the present Government and he hoped it will follow and abide by these UN instruments, in their letter and spirit.

Iqbal Haider, Co-Chairperson