Current Projects
Terrorism, Governance and the Police
Would the Pakistani military and the paramilitary forces be performing the policing and anti-corruption function had the police and affiliated institutions been autonomous? Would the police be more professional and effective had the political elite supported the Police Order 2002? Perhaps yes. Should the police have a federally unified service structure to be able to effectively fight the religion-motivated trans-nationalist monster of radicalisation? Can the police today really cope with the multiple crises that the Pakistani society is caught up in? And would the police in Pakistan be able to work as the primary bulwark against crime, corruption and terrorism without real political will? Probably not. This is the conclusion of two recent publications on the correlation of governance, counterterrorism and the police. The rise of terrorism and the increasing reliance on the police for governance issues, including massive protocol duties, have only added to the problems that the police faces. Two recent research studies, “Politics of Police Reforms in Pakistan” (Rozan) and “Counter-Terrorism and Pakistan Police: capacity and challenges” by the Centre for Research & Security Studies Pakistan, have attempted to highlight how the absence of political will and resistance to reform from within has stunted the growth of a professional, people-friendly deterrence force, and instead has rendered the police as a feared, rather than favoured, state institution. These studies draw on the rich experience of prominent working and former police officials and jurists, and underscore that following the tragic events of 9/11, Pakistan had the opportunity to strengthen, standardise and harmonise its policing laws that rested on the Police Act of 1861. General (retd) Pervez Musharraf did attempt to bring about some change through the Police Order of 2002. But subsequent changes to the Order in 2004 defaced it. Also, Balochistan and Sindh went back to the Act of 1861, while Punjab...
Minority Matters
One year after a landmark Supreme Court judgment asking the government to protect religious minorities, there has been little progress on its implementation One year ago, on June 19, 2014, former chief justice Tassaduq Hussain Jillani gave a landmark judgment asking the government to protect the rights of Pakistan’s religious minorities. He ordered the government to implement seven steps: 1. Constitute a task force at a federal level to develop a strategy for promoting religious tolerance 2. Develop appropriate curricula for primary, secondary and tertiary levels of education that promote religious harmony and tolerance 3. Curb hate speech in social media 4. Constitute a national council for minorities 5. Establish a special police force to protect the worship places of minorities 6. Enforce the 5 percent minority quota in government jobs 7. Prompt action, including registration of a criminal case, whenever constitutional rights of religious minorities are violated or their worship places are desecrated The judgment also bound the Supreme Court to continuously pursue the implementation of the judgment by saying that “the office shall open a separate file to be placed before a three member bench” to ensure that “this judgment is given effect to in letter and spirit”, and that it may also “entertain complaints/petitions relatable to violation of fundamental rights of minorities in the country.” The National Action Plan devised after the Army Public School massacre in Peshawar addressed the protection of religious minorities without taking into consideration this judgment. One year later, the federal government has not taken any measures to constitute a “task force” to deal with religious intolerance. According to the Express Tribune, the Punjab higher education department informed the SC bench hearing under this case last December that a committee had been constituted that had given seven recommendations on curriculum reforms. The SC bench was told that “myopic...
A Month’s Lifeline: No Prisoners to be sent to the Gallows during Ramazan
As many as 180 convicts in the country have been executed during the last six months. The Ministry of Interior Affairs has now announced a moratorium on executions till Eidul Fitr out of respect for Ramazan. In a notification issued on June 13, the ministry imposed the moratorium and requested all provincial governments to comply with the order. Punjab has been leading in the number of executions carried out so far, 153, followed by Sindh, 15, Khyber Pakhtunkhwa, 5, Balochistan, 5, and Mirpur Central Jail (AJK), 2. Of these, 23 were convicted of terrorism and 25 were tried under the Anti-Terrorism Act for heinous crimes including multiple murders, murder-robbery and gang rape. The remaining 132 convicts were executed on orders passed by additional district and sessions courts for crimes including robbery, kidnap for ransom, rape, and murder to settle personal scores. Tipu Salman Makhdoom, an advocate of the Supreme Court, said Pakistan had alienated itself in the comity of nations by lifting the moratorium on death sentence. He said several international human rights organisations had condemned the policy and Pakistan risked losing the Generalised System of Preferences (GSP) Plus status. “Our criminal justice system is marred by police torture, poor legal representation, and unfair trials…these are some of the reasons behind the barrage of criticism against death penalty.” Makhdoom said there were also cases which failed to meet international standards for fair trial – these include cases in which the police adds Section 7 of the ATA to FIRs that have nothing to do with terrorism. Yet the courts do not question this practice, said Makhdoom. “Frequently, confessions are obtained through torture.” As many as 8,000 prisoners have been languishing in various prisons of the country waiting for black warrants to be issued – many of them have been in jails since the ’90s. As many as 5,472 death row prisoners, including 47 women, are incarcerated in the 25 Punjab prisons....
Perils of Covert Operations
The debate over the June 9 raids by the Indian Army’s Special Forces against two northeastern insurgent groups on Myanmarese territory has produced two main reactions. The first, from Prime Minister Narendra Modi’s diehard supporters, is triumphalist; it trumpets the operation’s “great” success. The second reaction defends covert operations in principle, but believes that publicising them is unwise, even self-defeating. The first view’s proponents defend bellicose rhetoric and hashtags like #ManipurRevenge and #56inRocks used by junior information minister Rajyavardhan Rathore. They hold it was necessary to publicise the operation’s details – against military rules – because India must send out a signal not just to the National Socialist Council of Nagaland (Khaplang), but to all the “hostile elements in the neighbourhood” that its national security approach has undergone a sea-change under its “56-inch-chest” leader, who wants to end “a thousand years of servility masquerading as civility”. This argument is puerile. It comprehensively misunderstands both history– India as we know it was not one nation for a thousand years – and contemporary geopolitics. Military machismo and cross-border adventures aren’t the chosen means through which nation-states express strategic confidence. And it’s not by violating their neighbouring states’ sovereign borders that they build healthy relations with them, which are key to their own security. After the Khaplang faction killed 18 of India’s Dogra Regiment troops on June 4 in Manipur, India could have conducted a joint operation against the Naga guerrillas with the Myanmar army, with which it has had good relations even during the long years of Aung Sang Suu Kyi’s detention. India entered into ceasefire agreements with both the Isak-Swu-Thuingaleng-Muivah (IM) and Khaplang factions of the NSCN in 1997 and 2001. It had ample opportunity to renew the ceasefire with Myanmar-based Khaplang which ended in March. Alternatively, it...
A Tale of Two Brothers
On December 16, 2014, Sher Shah and Ahmed Shah left their home to attend classes at the Army Public School in the Peshawar Cantonment, just two kilometers from their home. Only Ahmed returned. Sher was killed along with 140 others. He was sixteen. That morning, the Taliban militants jumped over the boundary wall in the back of the school, and laid siege to several buildings in the school compound. It was revealed later that the barbaric incident included indiscriminate firing into crowds of young children, and immolating teachers in front of their students. All in all, 141 people were killed, 132 of them children, in one of the most atrocious, heinous attacks in Pakistan’s history. The event forever changed the security landscape in Pakistan, leading to the National Action Plan (NAP) to combat terrorism and extremism. Tufail Khattak, their father, was home that day. When news first broke out of a siege on television, he rushed to the school to try and find his boys. “It was madness,” he says. “The Army had cordoned off the area. Parents were clambering over one another to gain any information about their children.” In a state of confusion and panic, Khattak made calls to relatives and dispatched a few to the local hospitals, including Lady Reading Hospital and the Civil Military Hospital. “I saw parents receive news of their children’s death, people were crying, people were pleading for information, no one knew anything.” A few hours later, Khattak received a call from his younger son, who had been rescued from a different gate at the school. Ahmed had borrowed a stranger’s phone and dialed his father. Khattak asked him if his brother was with him. “He was mostly incoherent, but he had not seen his brother, that much was clear. I can’t explain how that felt, knowing one of your sons is alive and the other is missing.” By this point in the siege, most of the children had been rescued by authorities. Those missing were steadily being reported as dead. “It took us a...
Encirclement?
Modi’s plans against Pakistan are not good for the region. Phone calls by Narendra Modi to Nawaz Sharif, Hasina Wajid and Ashraf Ghani on June 16 notwithstanding, there is little doubt that if an encircle-Pakistan plan ever existed, its execution is nearly complete – at least as of now – pushing the prospects for resumption of a normal India-Pakistan dialogue further away. The string of statements from Modi, his foreign and defense ministers, as well as Ajit Doval, the former spymaster and now the national security advisor, in the last three weeks, the vitriolic Pakistan-bashing in Kabul, and the continued demonization of Pakistan in Dhaka reflect a well-knit string of fire around Pakistan. This encirclement – if planned the way it appears today – does not bode well for the south Asian region, with a fragile Afghanistan still caught up in the vicious cycle of the religiously-driven insurgency. Unfortunately, Afghanistan has upstaged Kashmir and emerged as the critical link in what could be called the triangle of tribulation consisting of India, Pakistan, and Afghanistan – a region currently being stoked by the nationalist Modi, ably supported by an intelligence mindset. Coincidentally, Modi’s Bangladeshi counterpart Sheikh Hasina Wajid minces no words and spares no opportunity in demonizing Pakistan. Her narrative revolves around Pakistan-bashing – wherever and whenever possible. And this fits into nationalist Indians’ recipe on how to deal with Pakistan. “We all have to remain vigilant so that those Pakistani collaborators (Khaleda Zia’s BNP) can’t get back to power, kill people and play with the fate of the masses,” the prime minister told a discussion organized to commemorate the “Martyred Intellectuals Day” on December 14. In February 2014, Doval had practically outlined what we see today – in the 10th Nani Palkhivala Memorial Lecture to Indian students at SASTRA University. Ajit Doval advocated the use of what he termed a “defensive offensive mode”, a “fourth...
Cyber-Crime Bill: ‘Angels’ play the Devil’s Advocate to defend Civil Liberties
When young students can get up in front of an audience and argue in favour of a new law theyoppose, you know democracy and tolerance are at work. This was the beauty of a debate held on the new cyber-crime bill on Tuesday by people who want us to make informed decisions about the laws that govern us. We will present both sides and you decide if this law protects your rights or violates them, they said. The debate was organised by the Public Interest Law Association of Pakistan (Pilap), which was created in 2011 on the lines of the American Civil Liberties Union, whose biggest victory was desegregating America’s schools in Brown v. Board of Education in 1954. Pilap hopes to be able to not only identify issues but also create a mechanism for their resolution, explained its lawyer Summaiya Zaidi. For example, they have filed a petition to increase the budget for the judiciary to enhance the capacity of courts. Read: Voicing concern: Cyber crime bill continues to attract criticism The idea for a debate on the cyber-crime bill came from a young lawyer, Hassaan bin Shaheen, of the Debating Circuit, Karachi’s only debating union. Bin Shaheen, lawyer Yelmaz Mujtaba, IBA student Sarosh Hasan and LUMS student Humza Jami were arguing for the bill. Opposing it were IBA student Abdullah Qureshi Abdullah, law student Kazi Haseeb, McGill student Sabir Ikram and LUMS student Saif Shahid. The judges were Pilap president Saad Amanullah Khan, Madiha Latif of Bolo Bhi and Ahmed Karim of Cedar College. Arguing in favour of the bill, Mujtaba referred to the attack on the Army Public School. “Pakistan is in the middle of a civil war,” he said. “Terrorists use the cyber sphere and the power of the internet in order to perpetrate heinous crimes.” The only problem, argued Kazi Haseeb, is that the new bill strikes at a person’s right to criticise the government. “If we are in a state of war, isn’t it more important to criticise the [government and agencies]?” he asked. Saif Shahid added...
Cyber-Crime Bill: 'Angels' play the Devil’s Advocate to defend Civil Liberties
When young students can get up in front of an audience and argue in favour of a new law theyoppose, you know democracy and tolerance are at work. This was the beauty of a debate held on the new cyber-crime bill on Tuesday by people who want us to make informed decisions about the laws that govern us. We will present both sides and you decide if this law protects your rights or violates them, they said. The debate was organised by the Public Interest Law Association of Pakistan (Pilap), which was created in 2011 on the lines of the American Civil Liberties Union, whose biggest victory was desegregating America’s schools in Brown v. Board of Education in 1954. Pilap hopes to be able to not only identify issues but also create a mechanism for their resolution, explained its lawyer Summaiya Zaidi. For example, they have filed a petition to increase the budget for the judiciary to enhance the capacity of courts. Read: Voicing concern: Cyber crime bill continues to attract criticism The idea for a debate on the cyber-crime bill came from a young lawyer, Hassaan bin Shaheen, of the Debating Circuit, Karachi’s only debating union. Bin Shaheen, lawyer Yelmaz Mujtaba, IBA student Sarosh Hasan and LUMS student Humza Jami were arguing for the bill. Opposing it were IBA student Abdullah Qureshi Abdullah, law student Kazi Haseeb, McGill student Sabir Ikram and LUMS student Saif Shahid. The judges were Pilap president Saad Amanullah Khan, Madiha Latif of Bolo Bhi and Ahmed Karim of Cedar College. Arguing in favour of the bill, Mujtaba referred to the attack on the Army Public School. “Pakistan is in the middle of a civil war,” he said. “Terrorists use the cyber sphere and the power of the internet in order to perpetrate heinous crimes.” The only problem, argued Kazi Haseeb, is that the new bill strikes at a person’s right to criticise the government. “If we are in a state of war, isn’t it more important to criticise the [government and agencies]?” he asked. Saif Shahid added...
Performance Evaluation: K-P Assembly outshines Sindh, Punjab, Balochistan
Pakistan Tehreek-e-Insaf (PTI) led Khyber-Pakhtunkhwa (K-P) Assembly outperformed any other provincial assembly in the country during parliamentary year 2014-15, scoring 44 per cent for its overall performance on a Comparative Score Card compiled by Pakistan Institute of Legislative Development and Transparency (PILDAT). The report did not include performance of Gilgit-Baltistan assembly. The K-P assembly was closely followed by the provincial assemblies of Sindh and Punjab, who share second spot with a score of 42% each. Balochistan was the weakest, as it scored just 39%. \ In terms of number of government bills passed, Sindh outdid the other three provincial assemblies with 41 bills passed this year. Even so, this number was down by 14% from last year. K-P Assembly, however, showed the greatest improvement for year-on-year it government bills, passing 37 bills this year, compared to 28 in 2013-14, with an increase of 32%. Punjab Assembly too passed 37 government bills this year, but it only had a year-on-year improvement of around 19%. Meanwhile the Balochistan Assembly lagged far behind the other three assemblies as it passed just 16 government bills this year, 36% less than the previous year. It also scored the lowest on the legislative performance ladder, with the score of just 38%. The K-P Assembly took lead in the private members’ bills category, which stood at five for the 2014-15, followed by four in Sindh. Provincial assemblies of both Balochistan and Punjab failed to pass a single private members’ bill. According to the PILDAT scorecard, the K-P Assembly scored 45% on Legislative Capacity followed by Punjab and Sindh with scores of 44% and 43%, respectively. Balochistan was again last with a score of just 38%. With regards to the total number of actual sittings of the Provincial Assemblies for parliamentary year 2014-15, the K-P Assembly again took the lead with 133 sittings, followed by Sindh and Punjab with 63 and 62 sittings, respectively. The...
TTP and Media in Pakistan
Ever since its creation in December 2007, Pakistan’s most vicious terrorist group the Tehreek-e-Taliban Pakistan (TTP) has been at odds with the country’s mainstream media. At times coalescing and often intimidating, particularly against journalists whose parent companies would deny space for the TTP propaganda. Ironically, in the absence of stringent enforcement of regulations of the Pakistan Electronic Media Regulatory Authority (PEMRA), the terrorist outfit often got live media coverage on mainstream channels. But it would turn nasty, issuing immediate threats if blacked out by the head offices of state and private media houses. Increasingly under pressure because of the shrinking space in the mainstream media, the TTP even advertised “hit lists” comprising names of leading journalists and anchors who it said were anti-TTP. The TTP views Pakistani media with utter contempt and considers most of the TV news channels are biased and distorting the ‘message of Islam’. While on the other hand it considers itself as promoting and propagating Islamic values through its actions (and also of its affiliated groups). Pakistan is definitely the most dangerous place for journalists. Since 2002, fifty journalists[1] have been killed in Pakistan mostly by Al-Qaeda, Taliban and other terrorist groups active in Pakistan [2] The TTP followed it up with a Fatwa (religious edict) in January 2014. Issued by its Mujahedeen Ulema Council, the Fatwa was an obvious attempt to bully the media and make it toe the TTP directives. The Council also tried to persuade journalists to follow the TTP path and give up ‘Kufar’ (anti-Islam/infidels). The Fatwa asks for stern action against journalists found involved in Marjaf, Muqatil and Sai-Bil-Fasad. According to the TTP spokesperson: “Murjif is someone who engages in propaganda against Muslims during a war between Islam and disbelief,……..Muqatil is someone who incites disbelievers and their allies to act against Muslims ....... while...
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TESTIMONIALS
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I am also a member of National Assembly’s Standing Committee on Information and Broadcasting. Recently, we held a meeting with the Director General of Radio Pakistan and we told them to initiate such local programs (like Constituency Hour) in regional languages to educate and inform people. Even Indian Radio can be heard in FATA which is being used for propaganda purposes and must be closed. Therefore, we should launch some standard and quality programs like CRSS that will change the taste of the listeners.