English Newspapers Had Desire to Kill Her

Acknowledgments

The authors would like to acknowledge the following people for their contributions, patience and perseverance through the writing of this report:

Shahzad Ahmad – Bytes for All, Pakistan Muhammad Jibran Nasir – Activist and politician Sardar Muhammad Ali – Ali & Ali Associates Rabia Mehmood - Journalist, researcher and human rights activist

This work is licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/ ABOUT THIS REPORT

This report on the State of Freedom of Peaceful Assembly and of Association Online in Pakistan forms part of the baseline research conducted by the project APC-IMPACT (India, Malaysia, Pakistan Advocacy for Change through Technology), which aims to address restrictions on the internet by promoting and protecting internet rights. A joint initiative of the Association for Progressive Communications (APC) and its members and partners – Digital Empowerment Foundation (India), Persatuan Kesedaran Komuniti Selangor (EMPOWER) (Malaysia) and Bytes for All (Pakistan) – the project works speciﬁcally to advance freedom of expression, freedom of information, and freedom of assembly and association as enablers of human rights and democ- ratisation.

Through awareness raising and capacity building, APC-IMPACT engages human rights defenders – activists, national rights institutes, media rights advocates, the judiciary, the legal sector, women’s groups – and civil society in general, and provides them with knowledge, tools and networks so that violations can be monitored, reported and addressed. Research Team

Lead Researchers: Aasim Zafar Khan and Haroon Baloch Edited by: Hassan Belal Zaidi Reviewed by: Tehmina Zafar, Sadaf Khan, Deborah Brown and Gayathri Khandhadai

Design Concept and Layout: Nida Meyer Mian acroynms

APC Association for Progressive Communications B4A Bytes for All CGCS Centre for Global Communication Studies CIHR Centre for Internet and Human Rights COF Collective of Freethinkers CSOs Civil society organisations FoAA Freedom of assembly and association ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICTs Information and communication technologies NCHR National Commission for Human Rights OHCHR Office of the United Nations High Commissioner for Human Rights PPC Pakistani Penal Code 1860 PTA Pakistan Telecommunication Authority PTI Pakistan Tehrik-e-Insaaf T2F The Second Floor TTP Tehrik-e-Taliban Pakistan UDHR Universal Declaration on Human Rights UNHRC United Nations Human Rights Council UNSR United Nations Special Rapporteur VoIP Voice over internet protocol CONTENTS

1. Chapter I INTRODUCTION ...... 07 2. Chapter II METHODOLOGY ...... 11 À Literature Review À Review of Existing Legal Framework À Case Studies À Interview 3. Chapter III LITERATURE REVIEW ...... 13 À Timeline of Network Shutdowns 2014-2016 4. Chapter IV REVIEW OF EXISTING LEGAL FRAMEWORK FOR FOAA ...... 25 À Freedom of Assembly À Freedom of Association À State rights in imposing limitations on Freedom of Assembly and Association À Public Order À Sovereignty or integrity of Pakistan À Restrictions to be imposed by law À Restrictions of Freedoms of Assembly and Association in the context of Cyberspace À Pakistan Penal Code, 1860 and Qanun-e-Shahadat Order, 1984 (the Law of Evidence) À Pakistan Telecommunication (Re-organization) Act, 1996, Prevention of Electronic Crimes Act, 2016, Protection of Pakistan Act, 2014 À Analysis CONTENTS

5. Chapter V CASE STUDIES AND INTERVIEWS ...... 30 À Reclaim Your Mosques À Coordinated Online Attacks À Queer Pakistan À Collective of Freethinkers

6. Chapter VI ANALYSIS AND CONCLUSION ...... 44 À Access to Technology helps exercise of FOAA

7. Chapter VII RECOMMENDATIONS ...... 48 Appendix I ...... 51 Chapter I

INTRODUCTION UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and Rights to freedom of assembly and of Association Maina Kiai deﬁnes both of association (FoAA) are among the rights separately. According to him, fundamental human rights, enshrined “the right to gather publicly or private- in the domestic law of Pakistan and ly and collectively express, promote, the International Bill of Human Rights.1 pursue and defend common interests” Domestically, FoAA is outlined in is referred as right to freedom of Articles 16 and 17 of the Constitution peaceful assembly, whereas “the right of Pakistan.2 Internationally, FoAA is to join a formal or informal group to outlined in Article 20(1) of the Universal take collective action” is referred as Declaration of Human Rights (UDHR),3 right to freedom of association. At the Articles 21 and 22 of the International same time, both rights are interrelated. Covenant on Civil and Political Rights Although, freedom of association and (ICCPR),4 and Article 8 of the Interna- freedom of peaceful assembly have tional Covenant on Economic, Social the same meanings and are often used and Cultural Rights (ICESCR).5 These interchangeably,7 in his 2012 report to rights are among fundamental req- UNHRC, Kiai stressed that: uisites for a democracy and a vital means for exercising many other civil, “...while the rights to freedom of cultural, economic, political and social peaceful assembly and association are rights, allowing people to express clearly interrelated, interdependent their political opinions, engage in artis- and mutually reinforcing, they are also tic pursuits, engage in religious obser- two separate rights. They are indeed vances, form and join trade unions, elect in most cases governed by two differ- leaders to represent their interests, ent types of legislation and... they face and hold them accountable.6 different challenges. This implies that they should be treated separately.”8

1. International Bill of Human Rights. http://www.ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf 2. National Assembly of Pakistan. The Constitution of the Islamic Republic of Pakistan. (2012). 2. The Constitution of the Islamic Republic of Pakistan. National Assembly of Pakistan. http://www.pakistani.org/pakistan/constitution/part2.ch1.html 3. Universal Declaration of Human Rights. http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf 4. International Covenant on Civil and Political Rights. http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx 5. International Covenant on Economic, Social and Cultural Rights. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx 6. UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. (n.d.). What are the rights to freedom of peaceful assembly and of association? http://freeassembly.net/about/freedoms 7. Comninos, A. (2012). Freedom of peaceful assembly and freedom of association and the internet. APC. https://www.apc.org/ 8. Kiai, M. (2012). Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association. A/ HRC/20/27, para 4. www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-27_en.pdf 7 Association between individuals Collective association Assembly

In ofﬂine spaces, freedom of peaceful when the internet has emerged as an assembly and of association enable in- additional space for performing day- dividuals to come together and struggle to-day activities including facilitating towards shared goals. Similarly, the interactions, accessing and sharing internet or cyberspace additionally information and delivering services enables people to congregate, convene through e-governance initiatives, it has and meet online, and to establish coa- also made it easier for people to ex- litions, alliances, unions, etc. to come ercise their fundamental rights. Among together for common objectives and others, FoAA is an important right, actions. In essence, FoAA online refers which is being exercised quite frequently to the people’s ability to use informa- now by individuals, groups and political tion and communication technologies parties for joining campaigns, collec- (ICTs) to exercise their rights of peace- tives, and organising meetings, rallies ful assembly and of association, either and protests in online spaces. An ex- ofﬂine or online, though the online ponential increase in the use of online rights continue to evolve.9 tools has been witnessed, including social media platforms such as Twit- On the internet, the right to freedom of ter, Facebook and YouTube; blogs and peaceful assembly and of association is online forums; mobile applications referred as: such as WhatsApp, Grindr, Tinder and others, for such activities online. Still, “Everyone’s right to form, join, meet as documented in the Association for or visit the website or network of an Progressive Communications region- assembly, group or association for al report Freedom of Assembly and any reason, and access to assemblies Association Online in India, Malaysia and associations using ICTs must not and Pakistan: Trends, Challenges and be blocked or filtered.”10 In this age, Recommendations, numerous examples

9. Venkiteswaran, G. (2016). Freedom of assembly and association online in India, Malaysia and Pakistan: Trends, 10. Internet Rights & Principles Coalition. (n.d.). IRP Charter Website. http://internetrightsandprinciples.org/wpcharter/ar- chives/50 8 show how groups and individuals have Regardless of their objectives, they used the internet to mobilise, and to provide them platforms to associate come together on speciﬁc issues or in- with each other. This online association terests, in some cases where physical also allows them to meet ofﬂine and gatherings were impossible or dan- carry on their relationships and form gerous.These included the Arab Spring communities. protests, and the Occupy movements in New York, London and elsewhere, just to name a few. Such movements have prompted global discussion on the right to FoAA online.11

Besides its advantages, the internet also has its drawbacks. In November 2015, in an attack on LGBT community in Pakistan, identities of 189 homosexual Connectivity and the internet have enabled new platforms for personal and social men were disclosed from an anonymous interactions which are undertaken virtually, Instagram account. The anonymous extending the range of and enabling new proﬁle collected images of homosexu- forms of association. al men from mobile social networking application Grindr which offers exclu- Similarly, the right to FoAA, both of- sive meeting, networking and dating ﬂine and online has been trampled services to the gay community across upon by state and non-state actors the globe. This incident discouraged around the world, often under the the use of Grindr application which is guise of national security, public or- an online tool that facilitates inter- der or morality. In Pakistan’s case, the actions among homosexual men.12 government’s arbitrary closure of mobile services,13 banning of websites and Such applications and online platforms blogs,14 and implementation of laws are indispensable for marginalised such as sections 144 and 145 of the communities to meet. Pakistan Penal Code15 are a few examples of how FoAA is compromised.

11. Venkiteswaran, G. (2016). Op. cit. 12. Bengali, S., & Kaiman, J. (2016, 16 January). In countries where gay sex is taboo, Grindr and other apps open a (sometimes perilous) window. Los Angeles Times. http://www.latimes.com/world/asia/la-fg-asia-grindr-20160116-story.html 13. Pakistan Today. (2016, 21 March). Mobile phone service suspended in Islamabad for Pakistan Day parade rehearsal. Pakistan Today. (2016, March 21). http://www.pakistantoday.com.pk/2016/03/21/city/islamabad/mobile-phone-service-suspended-in-islamabad-for-pakistan-day-parade-rehearsal 15. The Nation. (2014, 1 September). Section 144 enforced in Punjab. The Nation. http://nation.com.pk/lahore/01-Sep-2014/ section-144-enforced-in-punjab 9 In view of this context, this report fo- The overarching aim of this document cuses on the following two objectives: is to assist civil society organisations, journalists, national and internation- À To contribute towards local and in- al human rights activists and bodies, ternational advocacy initiatives to such as the National Commission for improve Pakistan’s compliance with Human Rights (NCHR) to understand international human rights law and the state of FoAA in Pakistan – includ- practices in relation to FoAA online ing the challenges and the shortcom- À To build a knowledge and under- ings – and how best to move forward standing of the context, and extent under the given situation, considering of practice, of FoAA online across speciﬁcally, that Pakistan has ratiﬁed communities and groups; to sup- the ICCPR. port the ability and literacy of civil society organisations (CSOs) and To maintain the safety of those who individuals on digital safety and se- chose to come forward and share their curity and strategies to encourage experiences, names of some inter- safe spaces for networking and en- viewees have been changed. gagement online.

To attain these objectives, the report:

À Maps the current status of FoAA in the country, including the existing legal framework À Identiﬁes potential opportunities and challenges that facilitate or restrict the right of peaceful assembly and of association online À Recommends strategies on how to ensure FoAA within the existing socio-political environment.

10 Chapter ii

METHODOLOGY The literature review also explores the relationship of FoAA with other funda- The report began with an exhaustive mental rights such as the freedom of review of the existing legal framework expression and opinion, and the right on FoAA in Pakistan, which has been to privacy. carried out with the help of Barrister Sardar Muhammad Ali, partner at the REVIEW OF EXISTING AND LEGAL leading law firm, Ali and Ali. After an FRAMEWORK: in-depth literature review, and keep- An exhaustive review of existing leg- ing in mind the research objectives, a islation on FoAA was carried out with questionnaire was developed for inter- input from one of the leading law firms views (See Appendix I). in the country. Any gaps, contradic- tions or caveats in the legal frame- First-hand interviews were carried works have also been explored. out with rights activists. It includes four cases studies where FoAA has CASE STUDIES: been a central theme of particular Four distinct case studies were ex- movements. These cases have been plored to fully grasp the theoretical discussed at length in the interviews concept of FoAA and what it translates mentioned earlier. The report con- into, on the ground in Pakistan. cludes with findings and recommendations vis-à-vis the current situation These cases are: and a way towards better protection of freedom of peaceful assembly and Reclaim Your Mosques: of association online in Pakistan. In the immediate aftermath of the terrorist attack at the Army Public LITERATURE REVIEW: School in Peshawar on 16 December This section analyses the literature 2014, which left at least 132 children available on FoAA, both internationally dead, right wing cleric Maulana Abdul and locally, to better understand dif- Aziz refused to condemn the attack on ferent aspects of the subject. This re- a national television show. Civil society view includes reports of the UN Special came together, both offline and online, Rapporteur on Freedom of Peaceful to force an apology from the cleric and Assembly and Association Maina Kiai, demanded his arrest, through a cam- and a comparative analysis of national paign called #ReclaimYourMosques. and global human rights regimes.

11 Coordinated Online Attacks: INTERVIEWS: Following the murder of peace activ- In-depth interviews were conducted to ist Sabeen Mahmud, some civil rights understand the first-hand experiences activists tried to organise protests to of interview subjects with regards to not only commemorate her life and FoAA online in Pakistan. The interview work, but also to bring attention to the subjects were chosen for their direct cause, supporting which led to her as- involvement in movements and/or sassination. One of the organisers was collectives that utilised the internet or systematically targeted and attacked dealt with subject matters considered online with direct threats of rape and taboo in the country. A standard set of death, whilst others tried to incite vio- questions (see Appendix I) was framed lence against her. so to explore different dimensions of FoAA in Pakistan keeping the research Queer Pakistan: objectives in mind. However, the con- This was an online portal focusing versation with different interviewees exclusively on the country’s LGBT com- not only revolved around conceptual munity, providing an alternative space issues with FoAA, but also directed the for convening virtual meetings and needs of case studies selected for this working towards common goals. In a report. Standard questions were asked country where homosexuality is not of all interviewees to begin the discus- only a taboo but also criminalised and sions, however, supplementary ques- considered against the religious teach- tions kept emerging from the conver- ings as well as norms and values, the sations and differed from interviewee portal was a rare space for the com- to interviewee. The findings have been munity to get together. The website included both in the case studies and was taken down by the Pakistan Tele- the recommendations section. communication Authority (PTA) in De- The interviewees were: cember 2013. Alim Murad (name changed): Gender rights activist Collective of Freethinkers: Rabia Mehmood: Journalist, research- In a country where apostasy is a crime, er, human rights activist the existence of non-believers and Jamal Yusuf (name changed): Founder progressive intellectuals in Pakistan’s and ex-president, Collective of Free- offline and online spaces raised many thinkers eyebrows. With a growing number of Karim Muhammad (name changed): followers online, the Collective of Free- Gender rights activist thinkers website where such individu- Muhammad Jibran Nasir: Lawyer, als were associating and assembling activist, independent politician. peacefully was shut down and two of its members were accused of blasphemy and are currently in jail. 12 Chapter iiI

LITERATURE REVIEW ment in the telecommunication sector was reported at USD 210 million, with 17 The rights to freedom of peaceful as- year-on-year growth of 219%. In sembly and of association have long June 2016, another telecommunica- been an integral part of the global fun- tion operator, Telenor, purchased a damental rights regime, including the 4G licence. This growth impacts hu- Universal Declaration of Human Rights man life exceptionally, with the inter- and the International Covenant on Civil net and mobile phones facilitating the and Political Rights. However, there is exercise of fundamental rights. The still very little material available on the impact is not limited to personal and subject, especially at the national lev- social interactions, but also changes el. Due to this scarcity, this research the nature and scope of collective as- report takes on more importance, as it sociations. Now individuals and like- shall look to establish a baseline from minded groups – for example in case which further work and studies can of sexual minorities – have more lib- emanate. erty to associate with others of their own choice. UNSR Maina Kiai stressed the importance of this right for democracies to The core focus of the debate around flourish: FoAA concerns the process of political organisation, particularly the organ- Democracy involves more than just isation of protests and political dis- exercising the right to vote. For de- sent. However, there are other dimen- mocracy to flourish, people must be sions of FoAA, ranging from personal guaranteed the whole range of funda- friendships to communal interests, mental rights and freedoms, including solidarity to criminality, and so on. the rights to freedom of expression Therefore, realising the benefits, the and of assembly, as a means to influ- UNHRC in its resolutions 20/8, 21/16, 16 ence the public policies of the State. 24/5 and 32/13 also acknowledged the enabling role of information and ICTs have grown rapidly in the past communication technologies to free- two decades. In fiscal year 2015-16, dom of peaceful assemblies and of Pakistan’s net foreign direct invest- associations.

16. Kiai, M. (2014). Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association. A/ HRC/26/29. http://freeassembly.net/wp-content/uploads/2014/05/A-HRC-26-29_en1.pdf pk/2016/07/21/telecom-sector-fdi-records-219-growth-during-2015-16

13 Resolution 21/16 reminds states of: Maina Kiai criticised unjustifiable limitations imposed by the governments on (…) their obligation to respect and ful- the internet and termed them unac- ly protect the rights of all individuals ceptable: to assemble peacefully and associate freely, online as well as offline, in- As such, laws that unjustifiably re- cluding in the context of elections, and strict freedom of expression on the including persons espousing minority Internet and limit the ability of people or dissenting views or beliefs, human to associate over that medium are un- rights defenders, trade unionists and acceptable. With youth being the most others, including migrants, seeking to active social media users overall, re- exercise or to promote these rights, strictions placed on access to social and to take all necessary measures media sites will disproportionately af- to ensure that any restrictions on the fect their ability to organize and mobi- free exercise of the rights to freedom lize for their common interests.19 of peaceful assembly and of association are in accordance with their ob- In April 2015, participants at a two-day ligations under international human meeting of the Organization for Secu- rights law. rity and Co-operation in Europe (OSCE) reaffirmed: Similarly the resolution 24/5 reiter- “The freedoms of association and as- ates: sembly are the cornerstone of a vibrant, pluralistic and participatory democracy, (…) the important role of new infor- and restrictions to these can only be al- mation and communications technol- lowed in line with relevant international ogies in enabling and facilitating the standards and conventions.”20 enjoyment of the rights to freedom of peaceful assembly and of associa- Hina Jilani, noted legal expert and vet- tion, and the importance for all States eran human rights activist, remarked to promote and facilitate access to at the meeting that “while the right to the Internet and international coop- freedom of association is constitution- eration aimed at the development of ally guaranteed in most countries, there media and information and communi- has been a notable rise in the number 18 cations facilities in all countries. and range of laws and regulations infringing this right, resulting in serious Referencing the resolution in his 2014 obstacles to the work of human rights report to Human Rights Council, UNSR defenders.”21

18. UNHRC. (2013). The rights to freedom of peaceful assembly and of association. A/HRC/RES/24/5. http://freeassembly.net/ wp-content/uploads/2013/08/A-HRC-RES-24-5-ENG.pdf 19. Kiai, M. (2014). Op. cit. 20. OSCE. (2015, 16 April). Freedoms of association and assembly cornerstones of democracy and security, say participants at OSCE meeting. http://www.osce.org/odihr/151421 21. Ibid. 14 An essential point to understand is (…) the important role of new infor- that many aspects of human rights mation and communication technol- are so interlinked that if one is trampled ogies in enabling and facilitating the upon, others are also affected. In enjoyment of the rights to freedom of Pakistan, the government has a long peaceful assembly and of association, history of interfering with modes of and the importance for all states to communication in the name of nation- promote and facilitate access to the al security.22 In ﬁrst four months of internet and international cooperation 2016, mobile services were disrupted aimed at the development of media at least six times in the capital city and information and communication Islamabad alone.23 It is also a routine facilities in all countries.26 measure taken around the time of Muharram, a religious holiday with a Thus, more and more people are con- history of sectarian violence associated nected by digital communications, in- with it.24 cluding mobile phones and other voice over internet protocol (VoIP) services By using the “kill switch”25 or discon- enabled through the internet, which necting the modes of communication facilitate peaceful assemblies. But in the name of national security, the in Pakistan, where internal threats government is also directly targeting and security situations are grave, the the ability of individuals and groups to government uses the argument that assemble. While Section 54(3) of the network disconnections are neces- Pakistan Telecommunication (Re-orga- sary to prevent unforeseen terrorist nization) Act, 1996 does allow for the activities. Network shutdowns or kill suspension of services “upon proc- switch practices cannot be a long- lamation of emergency by the Presi- term strategy for any government to dent.” However, when done arbitrarily, avert terror threats, a fact that is de- such use is a stark violation of UNHRC’s tailed in the study Security v Access: resolutions 21/16 and 32/13 in which The Impact of Mobile Network Shut- the body has acknowledged and reiter- downs, jointly published by the Insti- ated: tute for Human Rights and Business, Bytes for All, the Centre for Internet and Human Rights and the University of Pennsylvania.

22. Kill Switch Timeline in Pakistan. https://killswitch.pk 23. Kill Switch Timeline in Pakistan – 2016. https://www.killswitch.pk/2016 24. Khan, M. H. (2015, 24 October). Bomb targeting Muharram procession kills 20 in Jacobabad. Dawn. http://www.dawn.com/ news/1215087 25. “Kill switch” here refers to the practice of governments to shut down mobile services in emergency situations when they cannot be shut down in the usual manner. 26. OHCHR. (n.d.). Freedoms of peaceful assembly and of association. www.ohchr.org/EN/Issues/AssemblyAssociation/ PagesSRFreedomAssemblyAssociationIndex.aspx

15 The research concludes that: The following table lists the details of ICTs are used by citizens and terrorists network shutdowns that took place alike, but without access to ICTs, law in Pakistan between 2014 and March enforcement lose the opportunity to 2016. The table contains brief summary use communications for the purpose of each network shutdown, reason, of ﬁghting terrorism, and to dissem- affected areas, and date. The table inate important information to move is drawn with the help of information people to safety, or to calm a con- mapped by B4A through its initiative cerned population. Advances in tech- Kill Switch in Pakistan, and contains nology such as “crowdsourcing” can 22 instances of network shutdowns help develop early warning systems between January 2014 and September and cement co-operation between cit- 2016. izens and law enforcement to create a collective shield against terrorism.27

Timeline of network shutdowns 2014-2016 NETWORK SHUTDOWNS IN 2016 Date & City Reason Summary Source 6 September Defence Mobile services remained http://epaper.tribune.com. pk/DisplayDetails.aspx?ENI_ 2016 – Rawalpin- Day suspended between 4:00 ID=11201609070486&EN_ID di and parts of p.m. and 11:00 p.m. in =11201609070154&EM Islamabad Rawalpindi and parts of ID=11201609070077 Islamabad. Suspension of cellular services was part of security measures.

5 September Defence Mobile services remained http://epaper.tribune.com. pk/DisplayDetails.aspx?E- 2016 – Rawalpin- Day suspended between 4:00 NI_ID=11201609060348&EN_ID di and parts of prepara- p.m. and 11:00 p.m. in =11201609060131&EM Islamabad tions Rawalpindi and parts of ID=11201609060077 Islamabad. Suspension of cellular services was part of security measures.

14 August 2016 Indepen- In order to maintain security http://epaper.tribune.com. pk/DisplayDetails.aspx?ENI_ – 40 cities dence situation for ﬂag hosting ID=11201608150508&EN_ID Day ceremony the government =11201608150199&E suspended mobile services. MID=11201608150058

27. Wagner, B., & Ashraf, A. (2015). Security v Access: The Impact of Mobile Network Shutdowns. https://content.bytes- 16 Date & City Reason Summary Source 30 March 2016 - Law & Mobile services of Mobilink, http://nation.com.pk/islamabad/30-Mar-2016/cellu- Islamabad order / Warid and Telenor remain lar-service-suspension-contin- protest suspended in E-11, F-11 and ues-to-irk-residents G-11, While Ufone and Zong were functional.

30 March 2016 – Law & Mobile phone services re- http://www.dawn.com/ Islamabad order / mained suspended across news/1248567 protest the city to hinder communication between support- ers of Mumtaz Qadri, who staged a sit-in at D-Chowk. While Dawn newspaper reported that full cellular reception was witnessed at D-Chowk.

29 March 2016 – Law & Mobile phone services http://www.dawn.com/ news/1248567 Islamabad order / remained suspended across protest the city to hinder communication between support- ers of Mumtaz Qadri, who staged a sit-in at D-Chowk.

28 March 2016 Law & Mobile phone service in se- http://www.dawn.com/ news/1248567/mo- order / lected parts of Islamabad/ bile-phone-services-re- protests Rawalpindi were shutdown main-suspended in intervals on directions from Pakistan Telecom- munication Authority for security reasons.

23 March 2016 Pakistan Mobile signals in twin http://dunyanews.tv/en/Pa- kistan/328829-Cellular-ser- – Islamabad and Day cities remained suspend- vice-in-twin-cities-suspended Rawalpindi parade ed. Authorities informed that mobile signals were jammed to avoid any security related incident, and ensure foolproof security for the full-dress rehearsal of Pakistan armed forces.

17 Date & City Reason Summary Source 21 March 2016 Pakistan Mobile services remained http://propakistani. pk/2016/03/21/mo- – Islamabad and Day suspended between 5:00 bile-phone-services-sus- Rawalpindi Parade a.m. and 3:00 p.m. on the pended-in-isbrwp-for-paki- Rehears- directives of Pakistan Tele- stan-day-rehearsals/ al communication Authority (PTA) for security reasons.

NETWORK SHUTDOWN IN 2015

18 December Red Cellular services were sus- http://www.dawn.com/ news/1227173 2015 – Islam- mosque pended after a letter issued abad Friday by the Interior Ministry in sermon light of intelligence reports about impending security threats.

11 December Red Cellular services were http://www.dawn.com/ news/1225699 2015 – Islam- mosque suspended after a letter abad Friday issued by the Interior Min- Sermon istry in light of intelligence reports about impending security threats.

24 October Ashura 10th Muharram is the https://www.thenews. com.pk/print/69223-cell- 2015 – All major Ashura day in the Islamic phone-service-remains-sus- cities including calendar. The government pended-today-tomorrow Karachi, Lahore, suspended mobile services Quetta, Pesha- to avoid any act of vio- war, Islamabad, lence and terrorism in the Rawalpindi, Fais- country. alabad & Multan

23 October Ashura 9th Muharram in the https://www.thenews. com.pk/print/69223-cell- 2015 – All major Islamic calendar marks a phone-service-remains-sus- cities including very important day as the pended-today-tomorrow Karachi, Lahore, martyrdom of Hussain Ibn Quetta, Pesha- Ali is observed. The gov- war, Islamabad, ernment suspended mobile Rawalpindi, services to avoid any act of Faisalabad, and violence and terrorism in Multan the country.

18 Date & City Reason Summary Source 14 August 2015 Indepen- In order to maintain security https://twitter.com/Zongers/ – Islamabad and dence situation for ﬂag hosting status/631730836191055872 Rawalpindi Day ceremony, the government suspended mobile services. 23 March 2015 Pakistan Cell phones and wireless http://www.dailytimes.com. pk/islamabad/23-Mar-2015/ – Islamabad and Day internet services remained twin-cities-mobile-ser- Rawalpindi suspended as part of pa- vice-will-remain-suspend- rade security measures. ed-today NETWORK SHUTDOWN in 2014

3-4 November Ashura 9th & 10th Muharram are http://www.dailytimes.com.pk/ islamabad/04-Nov-2014/call- 2014 – All major Ashura days in the Islamic to-observe-tolerance-as-nation- cities including calendar. The government marks-ashura-today Karachi, Lahore, suspended mobile services Quetta, Pesha- to avoid any act of vio- war, Islamabad, lence and terrorism in the Rawalpindi, Fais- country. alabad, etc

23-27 August Azadi Cellular services remained http://www.dawn.com/ news/1124907 2014 – Red Zone, March suspended for security Islamabad reasons during ongoing political protest.

14 August 2014 - Azadi/ Cellular services remained Red Zone, Islam- Inqalab suspended for security abad and some Marches reasons during ongoing parts of Lahore political protest.

13 August 2014 Azadi Cellular services remained http://www.dawn.com/ news/1125220 - Red Zone, March suspended for security Islamabad reasons during ongoing political protest.

8-13 August Inqalab Cellular services remained http://www.dawn.com/ news/1124907 2014 – Model March suspended for six days in Town, Lahore the area where ongoing political protest emerged.

19 Date & City Reason Summary Source 20 July 2014 – Youm-e- Mobile services remained http://tribune.com.pk/story/738264/youm-e-ali-proces- All major cities Ali suspended in few cities in sions-security-beefed-up-in- including Karachi, the wake of terror threats. parts-of-pakistan/ Haiderabad, Mu- zaffargarh, Sar- godha, Narowal, Chakwal, Jhelum, Rawalpindi and Attock

14 January 2014 Eid The government suspended http://tribune.com.pk/story/658956/eid-miladun-na- – All major cities Mi- cellular services in differ- bi-mobile-phone-services-sus- including Karachi, lad-un- ent parts of the country to pended-in-various-cities/ Lahore, Quetta, Nabi, avert security threats. Peshawar, Islam- Proph- abad, Rawalpindi, et’s Day Haiderabad, Sukkur, Mirpur Khas

There are serious social costs connected with network disruptions as it affects delivery of essential services including the ability to meet medical and emergency needs of persons in those areas. As network shutdowns are violations of international human rights law, they are never justifiable or proportionate response to anticipated terrorism activities. States must find more justifiable and proportionate actions to counter terrorism, instead of resorting to kill switches.

There are also legal impediments in Pakistan with regards to FoAA and a speciﬁc religious minority, the Ahmadis. According to Section 298-B(2) of the Pakistan Penal Code:

Any person of the Qaudiani28 group or Lahori group (who call themselves Ah- madis or by any other name) who by words, either spoken or written, or by visible representation refers to the mode or form of call to prayers followed by his faith as ‘Azan’, or recites Azan as used by other Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to ﬁne.29

28. Qaudiani is derogatory term used to refer to Ahmadi Muslims in South Asia. 29. Pakistan Penal Code (Act XLV of 1860). http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html 2020 And according to Section 298-C: when their two mosques simultaneously came under attack by Tehr- Any person of the Qaudiani group or ik-e-Taliban Pakistan’s Punjab chapter Lahori group (who call themselves on 28 May 2010.33 Ahmadis or by any other name) who directly or indirectly poses himself as Another important link to be under- a Muslim, or calls, or refers to his faith stood is the interplay between the as Islam, or preaches or propagates right to privacy and FoAA in online his faith, or invites others to accept spaces, especially for human rights his faith, by words, either spoken to defenders and minority groups. It is written, or by visible representations, one of the downsides of the internet or in any manner whatsoever outrag- that it simultaneously enables many es the religious feelings of Muslims online tools to act as a surveillance shall be punished with imprisonment machines. In his 2011 address to stu- of either description for a term which dents at Cambridge University, Edi- may extend to three years and shall tor-in-Chief of WikiLeaks Julian As- also be liable to fine.30 sange said: “While the internet has in some ways an ability to let us know to With such legal restrictions placed on an unprecedented level what govern- a minority group, there are report- ment is doing… it is the greatest spying ed cases where religious gatherings machine the world has ever seen.”34 of Ahmadis were attacked or their rights to assemble peacefully and Rapid technological advancement of association were denied. Punjab and inclusion of sophisticated intru- police arrested seven Ahmadis from sion software such as FinFisher and their prayer place in Gulshan-e-Ravi, Hacking Team’s surveillance malware Lahore without first lodging a first has exposed citizens’ personal lives, information report in April 2013.31 In particularly our communications to October 2000, four unidentified gun- governments and private actors. It is men opened fire on a prayer of Ah- now easier for governments to keep madiyya community in a village near an eye on communications and activ- Sialkot.32 Similarly, Lahore witnessed ities of individuals or groups through the killing of at least 86 Ahmadis various technological means, such as

30. Ibid. 31. Tanveer, R. (2013, 30 April). Neighbourly acts: Seven Ahmadis detained without an FIR. Express Tribune. http://tribune.com. 33. Jajja, S. (2013, 28 May). Three years on, no justice for 86 dead Ahmadis. Dawn. http://www.dawn.com/news/1014484/three- years-on-no-justice-for-86-dead-ahmadis 34. The Hindu. (2011, 5 April). ‘World’s greatest spying machine’. The Hindu. http://www.thehindu.com/opinion/editorial/arti- cle1602746.ece 21 by tapping mobile communications, In Pakistan, the state continues to con- sneaking into e-mail servers and sur- duct widespread surveillance on its veillance cameras. This type of surveil- citizens under the cover of numerous lance is not only intimidating but also laws,37 some dating back to 1885, such restricts individuals from their individual as the Telegraph Act.38 or collective actions. Other such laws include the Pakistan Former UN Special Rapporteur on the Telecommunication (Re-organization) Promotion and Protection of the Right Act of 1996, the Anti Terrorism Act of to Freedom of Opinion and Expression 1997 (amended in 2004), the Monitor- Frank La Rue stated: ing and Reconciliation of International Telephone Traffic Regulations of 2010, “…while Internet users can enjoy rela- The Investigation for Fair Trial Act of tive anonymity on the Internet, States 2013,39 and the Protection of Pakistan and private actors also have access Act of 2014. Currently, the parliament to new technologies to monitor and has passed the controversial Preven- collect information about individuals’ tion of Electronic Crimes Act, 2016, communications and activities. Such which stands to further extend the technologies have the potential to state’s ability to surveil its citizens.40 violate the right to privacy, thereby undermining people’s confidence and security on the Internet and impeding the free flow of information and ideas online.”35

La Rue also “urged States to adopt effective privacy and data protection laws in accordance with human rights standards, and to adopt all appropriate measures to ensure that individuals can express themselves anony- 36 mously online.” Surveillance mechanisms can also be used by governments to monitor or suppress political dissent or the behaviour of associations such as those of sexual minorities or faith groups.

35. La Rue, F. (2013). Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. A/HRC/23/40. www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf 36. La Rue, F. (2013). Op. Cit. 37. Khan, S. A. (2016, 25 January). The state bytes back: Internet surveillance in Pakistan. Herald. http://herald.dawn.com/ news/1153312 39. The Investigation for Fair Trial Act, 2013. http://www.na.gov.pk/uploads/documents/1361943916_947.pdf 40. Prevention of Electronic Crimes Bill, 13 April 2016. http://www.na.gov.pk/uploads/documents/1462252100_756.pdf 22 Regardless, the information the state APC noted that: gathers from such measures can be used to counter the ability of individ- Anonymity is an important enabler of uals and groups to peacefully assem- the right to freedom of association ble and associate. and assembly online and the right to be free from discrimination. The rel- In a 2013 report, then-UNSR Frank La ative anonymity that the internet of- Rue warned that: fers enables individuals and minority (…) undue interference with individ- groups, among others, to associate uals’ privacy can both directly and on sensitive matters such as sexual 42 indirectly limit the free development orientation or religion. and exchange of ideas. Restrictions on anonymity in communication, for ex- In his report to UNHRC’s 26th session ample, have an evident chilling effect UNSR Maina Kiai took a detailed ac- on victims of all forms of violence and count of most vulnerable groups when abuse, who may be reluctant to report it comes to exercising the right to for fear of double victimization.41 peaceful assembly and of association.

Anonymity, for at-risk communities He noted that: such LGBT people, agnostics or rights’ Some of the groups that are consid- activists and journalists working on ered in the present report to be most sensitive issues, is essential to avoid at risk are persons with disabilities; compromising their physical safety youth, including children; women; and security. This was highlighted lesbian, gay, bisexual, transgender by the Association for Progressive and intersex (LGBTI) people; mem- Communications in its submission to bers of minority groups; indigenous the UNSR on the rights to freedom of peoples; internally displaced per- opinion and expression report on en- sons; and non-nationals, including cryption, anonymity and the human refugees, asylum seekers and migrant rights framework. workers.43

41. La Rue, F. (2013). Op. Cit. 42. APC. (2015, February). The right to freedom of expression and the use of encryption and anonymity in digital age of communications: Submission to the United Nations Special Rapporteur on the Right to Freedom of Opinion and Expression by the Association for Progressive Communication (APC). http://www.ohchr.org/Documents/Issues/Opinion/Communications/Associa- tionForProgressiveCommunication.pdf 43. Kiai, M. (2014). Op. cit.

2323 In the same report by UNSR Kiai, the Ensure that individuals belonging following recommendations stood out: to groups most at risk who are victims of violations and abuse of Ensure that any restrictions on the their rights to freedom of peace- rights of individuals belonging to ful assembly and of association groups most at-risk to freedoms have the right to a timely and effec- of peaceful assembly and of asso- tive remedy and obtain redress.44 ciation are prescribed by law, necessary in a democratic society and As is evident from the preceding pag- proportional to the aim pursued, es, FoAA is deeply intertwined with and do not harm the principles of other fundamental human rights such pluralism, tolerance and broad- as the right to privacy and freedom of mindedness. Any restrictions expression. Therefore, online privacy should be subject to an indepen- is essential not only for the develop- dent, impartial and prompt judicial ment or exchange of ideas, but also review; to assemble without fear of reprisal. Still, materials that discusses the ﬁn- Ensure that law enforcement au- er shades of the freedoms of assem- thorities who violate the rights of bly and association in the online world individuals belonging to groups at remain quite limited. risk to freedom of peaceful assembly and of association are held personally and fully accountable for such violations by an independent and democratic oversight body and by the courts of law; and

44. Ibid 24 Chapter iV REVIEW OF EXISTING LEGAL FRAMEWORK FOR FoAA

Article 20 of the Universal Declaration 2. No restrictions may be placed on of Human Rights reads that “everyone the exercise of this right other has the right to freedom of peaceful than those imposed in conformity assembly and association,” and that with the law and which are nec- “no one may be compelled to belong essary in a democratic society in to an association.”45 the interests of national security or public safety, public order, the This universal human right is further protection of public health or mor- expanded upon in Articles 21 and 22 als, or the protection of the rights of the International Covenant on Civil and freedoms of others; and and Political Rights (ICCPR). 3. Nothing in this Article shall au- thorize States Parties to the In- Article 21 states that: ternational Labour Organisation The right of peaceful assembly shall Convention of 1948 concerning be recognized. No restrictions may be freedom of association and pro- placed on the exercise of this right oth- tection of the right to organize to er than those imposed in conformity take legislative measures which with the law and which are necessary would prejudice, or to apply the in a democratic society in the interests law in such a manner as to preju- of national security or public safety, dice, the guarantees provided for public order, the protection of public in that Convention.”46 health or morals, or the protection of the rights and freedoms of others. After ratiﬁcation of the ICCPR, Pakistan has committed to uphold this right in Article 22 states that: the national constitution. 1. Everyone shall have the right to freedom of association with oth- FREEDOM OF ASSEMBLY ers, including the right to form The rights of citizens pertaining to trade unions for the protection of freedom of assembly are laid down his interests; in Article 16 of the Constitution of Paki- stan, 1973, which provides as follows:

45. Universal Declaration of Human Rights. https://www.un.org/en/universal-declaration-human-rights/index.html 46. International Covenant on Civil and Political Rights, 1966. http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

2525 16. Freedom of Assembly sovereignty or integrity of Pakistan, Every citizen shall have the right to public order or morality. assemble peacefully and without arms, 2. Every citizen, not being in the ser- subject to any reasonable restrictions vice of Pakistan, shall have the right imposed by law in the interest of to form or be a member of a po- public order. 47 litical party, subject to any reasonable restrictions imposed by law in The freedom of assembly includes the interest of the sovereignty or taking part in public meetings, proces- integrity of Pakistan and such law sions and demonstrations. Freedom shall provide that where the Fed- of assembly is cognate to the right eral Government declares that any of movement by which every citizen political party has been formed or has the right to move freely and go is operating in a manner prejudicial anywhere she or he like and also to to the sovereignty or integrity of the right of freedom of speech and Pakistan, the Federal Government expression in Pakistan (subject to any shall, within ﬁfteen days of such reasonable restrictions imposed by declaration, refer the matter to the law in the public interest). It has been Supreme Court whose decision on held that the very idea of government, such reference shall be ﬁnal. in the form of a republic, implies a 3. Every political party shall account right on the part of its citizens to meet for the source of its funds in accor- peaceably for consultation in respect dance with law. of public affairs and to petition for a 48 redress of grievances. Article 17 of the constitution provides three freedoms: the freedom to form FREEDOM OF ASSOCIATION associations, the freedom to form unions The rights of citizens pertaining to and the freedom to form political parties. freedom of association are laid down The superior courts of Pakistan have in Article 17 of the Constitution of held that freedom of association is a Pakistan, 1973, which provides as fol- right guaranteed under the constitution lows: and state functionaries cannot unrea- sonably take away or restrict this right. It 17. Freedom of Association has been held that the question whether a restriction is reasonable or not is for 1. Every citizen shall have the right to the court to determine and in determin- form associations or unions, sub- ing it the court has to examine not only ject to any reasonable restrictions the reasonableness of the law imposing imposed by law in the interest of the restriction, but also the reasonableness of the mode of application of such a restriction.49

47. Constitution of Pakistan, 1973. http://www.pakistani.org/pakistan/constitution/part2.ch1.html 48. Constitution of Pakistan, 1973. http://www.pakistani.org/pakistan/constitution/part2.ch1.html 49. Nasrullah Khan v. Government of West Pakistan: PLD 1965 (WP) Lahore 642. 26 STATE RIGHTS IN IMPOSING LIMITA- SOVEREIGNTY OR INTEGRITY OF TIONS ON FREEDOM OF ASSEMBLY PAKISTAN AND ASSOCIATION Freedoms of assembly and association The words “sovereignty or integrity under articles 16 and 17 of the consti- of Pakistan” appearing in article 17 are tution are not unfettered and the state of wide import and may be equated may impose reasonable restrictions on with the words “security of Pakistan” the same. However, such restrictions appearing in Article 260 of the con- must fulfil the following preconditions: stitution. The expression “security of Pakistan” has been defined in Article The restrictions must be imposed in 260 of the constitution to include the interest of “public order” “the safety, welfare, stability and integrity of Pakistan and of each part In the case of article 17, the restric- of Pakistan”. tions must be imposed in the interest of preserving “sovereignty or In this regard, in Islamic Republic of integrity of Pakistan, public order or Pakistan v. Abdul Wali Khan it was held morality” that: The restrictions must be imposed Freedoms of speech, press, and as- by law. sembly are dependent upon the power of the constitutional government to PUBLIC ORDER survive. If it is to survive, it must have the power to protect itself against The expression “public order” in the unlawful conduct and under some cir- aforementioned articles of the consti- cumstances, against incitements to tution has not been specifically defined, commit unlawful acts.52 but it was held in Abdul Hameed Qadri v. S.D.M. Lahore50 and Shukar Din v. Govt. of West Pakistan51 that danger RESTRICTIONS TO BE IMPOSED to property, human life and safety and BY LAW the disturbance of public tranquillity It has been held in Civil Aviation Author- fall within the purview of reasonable ity v. Union of Civil Aviation Employees restrictions that may be imposed in the that it is not enough that the restric- public interest by state functionaries tions imposed are merely reasonable; and law enforcement agencies to avert they must have been imposed by law. danger or disturbances. Thus restrictions imposed on freedom of assembly and association by non-statutory regulations or instruc- tions are generally not protected by the said articles. 50. PLD 1957 Lahore 263. 51. PLD 1965 Lahore 521. 52, PLD 1976 SC 57.

2727 Restrictions of freedom of Pakistan Penal Code, 1860 and assembly and association in the Qanun-e-Shahadat Order, 1984 context of cyberspace (the Law of Evidence) Generally, offences against the state,54 As discussed earlier, the state can the armed forces,55 public order56 and impose reasonable restrictions to morality57 are outlined in the Pakistan preserve public order and sovereign- Penal Code, 1860. ty or integrity of Pakistan through legislation. Trial of offences under Pakistan Pe- nal Code, 1860 is largely dependent Freedoms of association and assem- on the Qanun-e-Shahadat Order, 1984 bly can be exercised in cyberspace (the Law of Evidence). Pursuant to the though various means, including social Electronic Transactions Ordinance, media websites. However, cyberspace 2002, various amendments were is dependent upon telecommunication made in the Law of Evidence to cov- systems. Under the above-mentioned er admissibility of evidence collected enactments, where law enforcement through electronic/digital means. Of agencies apprehend that the safety, particular importance is the amend- welfare, stability and integrity of Pa- ment to Article 73 of the Law of Evi- kistan are in danger or there is an ap- dence relating to primary evidence, prehension of any offence, they may which permits the submission of elec- intercept electronic communications tronic evidence. Consequently, if the originating or terminating through crimes, including crimes against public telecommunication systems located in order and morality etc., are committed Pakistan. in cyberspace, the authorities may use evidence collected in electronic or digital In the context of cyberspace, the fol- form to prosecute such offences. lowing enactments are relevant: Pakistan Telecommunication Pakistan Penal Code, 1860 and Qa- (Re-organization) Act, 1996, nun-e-Shahadat Order, 1984 Prevention of Electronic Crimes Pakistan Telecommunication (Re-or- Act, 2016, Protection of Pakistan ganization) Act, 1996 Act, 2014 Protection of Pakistan Act, 2014 Under section 54(1) of the Pakistan Tele- Prevention of Electronic Crimes communication (Re-organization) Act, Act, 2016. 1996, law enforcement agencies have been authorised to intercept calls and messages through any telecommunication system for national security purposes or in the apprehension of any 54. Penal Code (1860), Chapter VI. other offence. 55. Penal Code (1860), Chapter VII. 56. Penal Code (1860), Chapter VIII. 57. Penal Code (1860), Chapter XIV. 28 Under section 54(3) of the Pakistan offences based on discrimination, ha- Telecommunication (Re-organization) tred, creed and race. An important Act, 1996, the federal government, af- section is item (xiv) of the schedule ter proclamation of emergency in the to the act, which provides as follows: country, may suspend the operations, “Cyber crimes, internet offences and functions or services of telecommu- other offences related to information nication companies as it may deem technology which facilitate any of- necessary. fence under this Act.”

Under section 10(a) of the Prevention Article (3) of the schedule to the Pro- of Electronic Crimes Act, 2016, “any tection of Pakistan Act, 2014 provides commission or threat with intent to that preparation, abetment, attempt coerce, intimidate, create a sense of or conspiracy to commit an offence fear, panic or insecurity in the gov- speciﬁed in the schedule shall also be ernment or the public or any section an offence. Consequently, if a group of of the public or community or sect or persons is found to be involved in the create a sense of fear or insecurity in commission of a scheduled offence the society” is tantamount to cyber through the use of internet or in terrorism. This law empowers the cyberspace, the same may be prose- state to crack down against any online cuted under the act. protests which it deems threatening or creating fear, panic or insecurity ANALYSIS in the government, the public or the As is evidenced by the literature above, society. Such acts can be declared as the legal framework on FoAA in the cyber terrorism and the perpetrators context of cyberspace is scattered may be punished with up to 14 years amongst several enactments, includ- imprisonment, a PKR 50 million (USD ing those discussed above, and there 478,000) ﬁne, or both. is a dearth of case law on the subject. Over the last many years, successive Lastly, the Protection of Pakistan Act, governments have tried to consolidate 2014 was enacted with a view to laws related to cyberspace (and cyber punish crimes against the state in- crime), but they have not been able to cluding waging war, insurrection or create a single comprehensive legal threatening the security of Pakistan. framework. Hence, there is no consis- In this regard, the act provides a long tency and no certainty and/or clarity list of offences in its schedule, includ- of what rights the citizens of Pakistan ing crimes against ethnic, religious and have in cyberspace, especially in rela- political groups or minorities including tion to FoAA.

2929 Chapter V

CASE STUDIES AND INTERVIEWS 1. RECLAIM YOUR MOSQUES

BACKGROUND The Tehrik-e-Taliban Pakistan, a proscribed organisation, claimed the responsibility of heinous attack on the Army Public School in Peshawar on 16 December 2014, murdering 148 people, including 132 children.58 It was a massive tragedy borne by the Pakistani nation because of huge toll of children’s deaths. This incident was widely condemned around the world. But, the same evening, during a talk show on national television, a controversial cleric from the Red Mosque in Islam- abad, Maulana Abdul Aziz, refused to condemn the killings59 and said the only solution to such problems was the implementation of Islamic Sharia law in the country, which is also what the Taliban have been demanding.60

The use of mobile phones and social networks to coordinate activity before and during protests has been credited with signiﬁcant impact on uprisings within the “Arab Spring” and other political protests.

This stance from the cleric became the impetus for a wide cross-section of Pa- kistani society to come out against radical ideology and protest against terror advocates. Enraged citizens took to social media and come out on the streets, calling for the arrest of the cleric. The protests were spearheaded by activist and politician Jibran Nasir, who raised the slogan “Reclaim Your Mosques”.

58. Marszal, A. (2014, 17 December). Inside the Pakistan school: Harrowing images reveal full terror of Taliban attack. The Telegraph. http://www.telegraph.co.uk/news/worldnews/asia/pakistan/11298802/Inside-the-Pakistan-school-harrowing-images-reveal-full-terror-of-Taliban-attack.html 59. Waqt News. (2014, December 16). Maulana Aziz refused to condemn Peshawar incident (video). Dailymotion. http://www. dailymotion.com/video/x2cpne1_maulana-abdul-aziz-refused-to-condemn-peshawar-incident_news 60. AFP. (2014, 18 December). Protest outside Lal Mosque against Maulana Abdul Aziz. GEO. https://www.geo.tv/latest/97082- protest-outside-lal-mosque-against-maulana-abdul-aziz 3030 “We want to reclaim our mosques, our On 17 December 2014, very few pro- communities, our cities, indeed our en- testers participated physically, but tire country from the extremists.”61 with growing momentum, the physical presence increased and three Thus, the Reclaim Your Mosques move- days later hundreds of people in- ment was kicked off online and ofﬂine cluding men, women, youth, civil so- with hashtags #ReclaimYourMosques ciety and media persons were raising and #ArrestAbdulAziz on Twitter and slogans against the cleric.63 As pres- Facebook. sure mounted, the city administra- tion lodged a ﬁrst information report CASE against Abdul Aziz. Succumbing to the The online campaign #ReclaimYour- pressure, the controversial cleric was Mosques aimed to provide a count- forced to issue an apology, saying: “I er-narrative to the extremists’ ideology condemn the killings of schoolchildren 64 in Pakistan. The campaign managed and apologise.” to gather hundreds of thousands According to Jibran Nasir: “The move- citizens across the country. Later, ment very quickly grew beyond the this protest from online spaces also incident that had given birth to it – peo- translated into physical assembly in ple needed a platform to voice their all major cities, including Islamabad, concerns, and #ReclaimYourMosques Lahore and Karachi. A Facebook event provided them exactly that.” page promoting the protests in various cities was also launched with However, it came at a price. Mr Nasir same title, “Reclaim Your Mosques”. received a threatening call from the As word spread, over 28,000 people spokesman of the proscribed Tehr- were invited, and over 5,000 people ik-e-Taliban Pakistan’s Jamaat-ul-Ah- consented to attend the protests rar faction. “If you do not take your physically.62 One of the protests was actions back, and if you do not stop ha- organised in front of the Red Mosque rassing the imam of the Red Mosque, in Islamabad, where the cleric Abdul then you are putting yourself, your Aziz would deliver Friday sermons. family and your people at risk.”

61. Rezwan. (2014, 21 December). Pakistanis Say #ReclaimYourMosques From Radicalism in Rare, Bold Protests. Global Voices. https://globalvoices.org/2014/12/21/pakistanis-say-reclaimyourmosques-making-a-rare-bold-statement-against-taliban-apolo- gists-and-extremists-everywhere 62. https://web.facebook.com/events/1585903991641215/permalink/1597223497175931 63. Mukhtar, M. (2014, 20 December). Tension at Abpara: Lal Masjid cleric booked on civil society’s complaint. Express Tribune. http://tribune.com.pk/story/809617/tension-at-aabpara-lal-masjid-cleric-booked-on-civil-societys-complaint 64. Tribune. (2014, 21 December). Rendering apology: Maulana Aziz bows to society’s pressure. Express Tribune. http://tribune. com.pk/story/810076/rendering-apology-maulana-aziz-bows-to-societys-pressure 65. Waraich, O. (2014, 30 December). Jibran Nasir: The quiet lawyer and activist who is taking on Pakistan’s Taliban. The Independent. http://www.independent.co.uk/news/people/jibran-nasir-the-quiet-lawyer-and-activist-who-is-taking-on-pakistans- taliban-9950641.html 31 Such risks, Mr Nasir feels, come with “Small numbers on the ground have the territory of being an activist in Pa- large numbers behind them online, so the kistan. movement does not really lose steam.”

“There are certain segments of the soci- Another important reality was that ety that genuinely do not want dialogue, numerous opposing sections of Paki- they do not want a peaceful narrative stani society finally came face-to-face and when you go out for activism, you in online spaces. need to understand these threats,” he said. “The progressive mindset confronted the fundamentalists, the left ran into the This was not the first time online pro- right, and they are finally conversing. tests also spilled over into the streets This is something they never did before of Pakistan. Mr Nasir feels online spac- and this is the success,” said Mr Nasir. es have greatly facilitated activism and made it easier to generate support for For the longest time, these opposing human rights issues. The ability to be sections of the society have existed in anonymous online makes it easier to isolation, simmering with hatred for openly debate and discuss with dif- each other without caring to hear the others’ point of view. ferent schools of thought, something that is not possible in physical spaces in With groups operating at opposing Pakistan. It is still challenging to bring ends of the spectrum, the least that people out of their homes for a move- advocacy should do is try finding ment or cause because of the threats some common ground for the two to associated with activism. catch up. Jibran Nasir was successful in mobilising people against radical nar- “The conversion ratio was not encour- rative and presented a counter-narra- aging,” he said. “Online, you may get tive of his own, but this might not have massive support behind you, but only been possible without the support he a handful will physically turn up at generated online, helping pressurise protests.” the authorities to take action against the controversial cleric. He assem- However, this lack of offline visibility bled their energies online and utilised is not necessarily a weakness, Mr Nasir them offline to challenge the radical believes. mindset.

32 2. COORDINATED ONLINE ATTACKS

BACKGROUND Social media has created an alternate A well-known human rights activist, space for the exercise of fundamen- Sabeen Mahmud was assassinated on tal rights, such as the right to form April 24, 2015. She was famous for her associations and assemble peacefully progressive ideas and known for facil- online, access to information, exercis- itating conversations on themes and ing free expression, etc. However, it is issues that were not usually spoken not all about exercising liberty; there about openly. She founded The Sec- is also a downside to the Internet and ond Floor (T2F), a café and community social media, which includes online centre of sorts for open dialogue that sexual harassment, rape threats, as provided citizens with a platform for well as incitement to violence by trolls bringing about social change through against individuals, communities, and cultural activities, public discourse, and others. In Pakistan, several cases have advocacy using progressive ideas and 67 been reported where individuals became new media. Saad Aziz, Sabeen’s as- targets for coordinated online attacks sassin, said in his confession that he had because they expressed their polit- several reasons for killing her. “There ical or religious beliefs. For example, was not one particular reason to target the Pakistan Tehrik-e-Insaaf (PTI), a her; she was generally promoting lib- mainstream political party, has a huge eral, secular values. There were those online following, both on Twitter and campaigns of hers, the demonstration Facebook, and criticising their policies outside Lal Masjid [in Islamabad], Pyaar or highlighting the party’s wrongdo- ho jaane do (the ‘Let There Be Love’ ings usually results in harassment.66 campaign) on Valentine’s Day and so 68 Trolls are not limited to political parties, on.” Another popular assumption several other pressure groups also ex- was that she was killed because she ist that have been becoming source of hosted a debate on the controversial harassment and intimidation in online Balochistan issue. This was considered spaces, ultimately ending up in dam- the only motive for Sabeen’s killing un- aging online campaigns for common til the confession surfaced on 22 May causes and expression of dissent. One 2015. Balochistan has never been a of the stories of online harassment comfortable topic to discuss in public, leading to self-censorship as a result as human rights activists have long ac- of coordinated attacks is that of Rabia cused the Pakistani establishment for Mehmood. mishandling the situation, resulting in a separatist movement and creating

66. Venkiteswaran, G. (2016). Op. cit. 67. http://www.t2f.biz/category/about 68. Ali, N., & Zaman F. (2016, 12 May). Anatomy of a murder. Herald. http://herald.dawn.com/news/1153209 3333 hatred against state institutions.69 Soon used to, to protest and scream, and in after the scheduled talk concluded at my case it was Twitter,” Ms. Mehmood T2F and Sabeen headed to home with said. As a prolific social media user, her mother, she was gunned down by Ms. Mehmood has a large following two gunmen on a motorcycle.70 As on Twitter. In her pain and anguish, soon as the news spread, Sabeen’s she tweeted a rebuke to the country. followers took to social media in grief While nothing happened that night, all to condemn her killing. Progressive hell broke loose over the next couple of and like-minded groups began openly days. “As friends of Sabeen, we were associating with the cause championed preparing for the ‘Justice for Sabeen, by Sabeen, and protesting via Twitter Justice for Balochistan’ protest in Is- and Facebook. However, there were lamabad on Tuesday, 28 April 2015 and also other forces busy countering this motivating people to attend via Twitter peaceful online movement of associa- and Facebook, when all of a sudden tion and assembly, by spreading fear my four-day old tweet started float- and intimidating the most vocal voices. ing around.”, Ms. Mehmood recounted. It seemed that Ms. Mehmood tweet ONLINE COORDINATED ATTACKS had already been marked for future ON MS. MEHMOOD use. “My tweet had been marked by an account, which had around 10,000 fol- Since Sabeen was loved by many, it lowers with high engagement, and the was a shocking and difficult time for a conversation revolved around targeting lot of people. Widespread anger flood- me”, she recalled. ed Twitter and Facebook timelines with reactionary tweets from her friends “The very next day, things got out of con- and colleagues. Many were tweeting trol. There was another account with their grief, anger, disgust and disbe- a large number of right-wing, conser- lief at Sabeen’s killing. One of many vative followers and high engagement such tweets was one written in anger who was leading the barrage, sending and outrage by human rights defend- multiple tweets simultaneously”. er and journalist Rabia Mehmood , whose work primarily centred around This was perhaps the first indication research and writing on critical topics, that there was a coordinated online including the persecution of religious attack happening in reaction to her minorities in Pakistan. tweet. Prior to the heavy engagement accounts tweeting at her, the night “We were all so shattered and angry, when Ms. Mehmood and her friends we did not know what to do, and each of announced the protest on social media, us turned to whatever outlets we were there were some right wing accounts

69. Ahmed, A. (2015, 9 April). Outcry on social media as LUMS cancels talk featuring Mama Qadeer. Dawn. http://www. dawn.com/news/1174886 70. Dawn. (2015, 25 April). Director T2F Sabeen Mahmud shot dead in Karachi. Dawn. http://www.dawn.com/ news/1177956/director-t2f-sabeen-mahmud-shot-dead-in-karachi 34 discussing her tweet amongst each with abusive language. By that time, other, including some expressing their two leading English newspapers had desire to kill her. However, the re- also run stories about the protests sponse to those tweets was minimal surrounding Sabeen’s murder. Even and it did not reach her until the day of the comments sections of these sto- the protest.Journalists have allegedly ries were hijacked by trolls attacking faced torture and death for reporting activists for speaking out in support critically on policies of the country’s of Sabeen. “There were common com- military and intelligence agencies. mentators on all the platforms, many without their faces in display photos, “The threats were multi-dimensional, a dead giveaway that this was a co- the day of our protest outside the Na- ordinated attack”. Eventually, Ms. tional Press Club in Islamabad against Mehmood and her friends decided to Sabeen’s cold-blooded murder. The deactivate most of her social media threats were direct to the point of rape and death; or indirectly inciting others accounts, though her friends contin- to commit violence against me”. ued to monitor accounts that had led the attack and found certain people Worried that the threats might move celebrating how they forced her go from the virtual to real life, Ms. offline. But by and large, the deactiva- Mehmood’s friends convinced her to tion worked. delete that one tweet interpreted as controversial, but it was too late: the ONE MONTH LATER attackers had already taken multiple Ms. Mehmood resumed her social me- screen shots. Activists tried to block dia activities after a month, however, and report the troll accounts to Twit- far more cautiously this time. “Threats ter, but new ones kept popping up. The of rape and murder have a profound screen shots had now moved to Face- effect, even if they are online”. She book, once again to a page that had continued to receive threatening mes- all the markings of a propaganda site. sages, but nothing like the barrage a With over 350,000 likes, the fire con- month before. tinued to spread. Their post regarding her controversial tweet had over a “I always spoke out on other sensi- thousand interactions, mostly con- tive matters online including perse- taining death and rape threats for Ms. cution of minorities, sectarian groups Mehmood, along with vile language and jihadists, and received blunt crit- and commentary. The post was then icism for that work and a hate mes- further shared to another page, “Pa- sage here and there, but never re- kistan Defense” a well-known pro-Ar- ceived such threats. Clearly, there are my propaganda site. Again, over a some subject matters that will get you attacked.” thousand interactions threatened her Because of the sensitive nature of her 3535 job, Ms. Mehmood receives calls from years, and shall also be liable to fine. unknown callers, which is another in- Explanation: Penetration is sufficient timidation tactic. On one occasion, to constitute carnal intercourse nec- a man threatened her by telling Ms. essary to the offense described in this Mehmood her address and the where- section.71 abouts of her family. Again, this is something that is part and parcel with Furthermore, section 141 of PPC re- subject matters believed to be sensitive stricts assembly of sexual minorities to the state and/or non-state actors. when it states: An assembly of five or more persons A year onwards Ms. Mehmood to this is designated an “unlawful assembly” day gets tweeted at with remind- if the common object of the persons ers of what she tweeted over a year composing that assembly is to .…resist back. The vile commentary directed at the execution of any law, or of any legal her still gets favourited and acknowl- process, or commit any mischief or edged. Consequently, she approaches criminal trespass, or other offense.72 social media with immense caution However, Pakistan, in contravention of UN treaties, namely ICCPR and ICE- 3. QUEER PAKISTAN SCR has always opposed and lobbied BACKGROUND against the resolutions at the intergov- ernmental levels where equal rights Pakistan criminalises homosexuality for sexual minorities are demanded. or same sex relationships under the A resolution on Human rights, sexual Pakistani Penal Code 1860 (PPC) that orientation and gender identity 27/32 is a mixture of British and Islamic laws. was presented in UNHRC on 2 October Section 377 of the PPC, titled as “Un- 2014 calling on all nation states to en- natural Offences” declares sexual re- sure equal rights and end to discrim- lations other than against the order of ination and violence against people nature as punishable with life sentence. based on their sexual orientation and gender identity: The PPC states that: Whoever voluntarily has carnal inter- All human beings are born free and course against the order of nature equal in dignity and rights and that ev- with any man, woman or animal, shall eryone is entitled to all the rights and be punished with imprisonment for freedoms set forth in the Declaration, life, or with imprisonment of either de- without distinction of any kind, such as scription for a term which shall not be less than two years nor more than ten

71. Pakistan Penal Code (Act XLV of 1860). http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html 72. Ibid. 36 race, colour, sex, language, religion, In some circumstances, general laws political or other opinion, national or governing assemblies may have a social origin, property, birth or other disproportionate impact on certain status.73 groups who exercise or seek to exercise their assembly rights. Those re- The International Gay and Lesbian Hu- strictions appear to be neutral on their man Rights Commission report on Hu- face, but in practice, they may have a man Rights and Transgender People in harsh impact on the assembly rights Pakistan painted a bleak picture of the of certain groups most at risk. They rights of LGBT community. The report may also be drafted to appear neutral, noted that: but in practice are applied only against certain groups. The silences around sexualities, and deeply closeted status of most gay The sociocultural norms and criminal- men and lesbians in Pakistan (many of ising laws in the country have largely whom live double lives to avoid reveal- marginalised the sexual minorities ing their sexual orientation) makes in Pakistan and as a result they are it difﬁcult to accurately assess their pushed to the sidelines. Finding no living conditions and human rights sit- place in physical spaces, they have uation. Anecdotal information from had tried to rely on online spaces to Pakistani gay people who have left the assemble and associate peacefully country describes fear, secrecy, isola- with the help of technology so to work tion, suicides, forced marriages, family for their common interests. These dig- and community pressure to conform ital spaces also have limitations and to heterosexual norms.74 threats associated with them as witnessed in the 2014 case of Muhammad UNSR Maina Kiai, in his report to Ejaz who, according to police, devel- UNHRC’s 26th session, criticised the oped relations with three homosexual legal provisions in national laws on men online, lured them out for dates freedom of peaceful assembly that and murdered them. During investiga- have a disproportionately negative im- tions, he confessed to the crime and pact on certain groups: said that “he wanted to teach gays a lesson.”75

73. UNHRC. (2014). Human rights, sexual orientation and gender identity. A/HRC/27/L.27/Rev.1. https://documents-dds-ny. un.org/doc/UNDOC/GEN/G14/177/32/pdf/G1417732.pdf?OpenElement 75. AFP. (2014, 28 April). Lahore’s serial killer ‘wanted to teach gays a lesson’. Express Tribune. http://tribune.com.pk/ story/701322/lahores-serial-killer-wanted-to-teach-gays-a-lesson

3737 CASE The website was ﬁrst taken down by It is dangerous for sexual minority the PTA in September 2013, and had members to openly associate and as- around 8,000 visitors in short span of 78 semble in physical spaces in Pakistan time. The PTA did not give any reason as the law criminalises homosexual- for blocking the website. The anony- ity and social attitudes present fur- mous group relaunched the website ther dangers. In such circumstances, with new domain name www.humjins. 79 Queer Pakistan (www.queerpk.com com which was again shut down on 80 and www.humjins.com) was an on- 14 February 2014, Valentine’s Day. line initiative for the lesbian, gay, bisexual and transgender community, Lahore-based gender rights activist which was launched by an anonymous Alim Murad opined that members of group in July 2013. The aim of the col- LGBT community have created many lective was to “act as a virtual support secret groups online to interact with group”76 for the community which has fellow community members, but long been pushed to the peripheries of these groups are only functional as Pakistan’s mainstream and largely con- long as they can avoid being noticed by servative society. the government.

Working under the tagline of “know us, “The gender and sexual minorities do not hate us”, the website looked to in Pakistan live in a shroud of total highlight the issues of the queer com- anonymity. It is an existence devoid munity and raise awareness among of any kind of rights,” Mr Murad said community members on issues relat- in an interview with Bytes for All. “In a ed to sexual health, diseases, etc. The society where a person’s right of being platform in very short time emerged (LGBT) is challenged and taken away as an important alternative space for from them, no other civil liberties for Pakistani LGBTs and for those who them to enjoy are left either.” support their rights. Perhaps most importantly, the website was an anon- Taking up this matter with PTA would ymous online space where the LGBT mean exposing their identities, and community members could peacefully opening themselves up to further associate to discuss matters without vulnerabilities, hate, social isolation, being ostracised. 77 and scorn, and most importantly,

76. Munir, S. (2013, 13 August). Pakistan’s gays show cyber pride. Al Jazeera. http://www.aljazeera.com/indepth/featur es/2013/08/201386115346584582.html#.Ugp8MI5R_GM.wordpress 77. Nazish, K. (2013, 21 December). Queer Pakistan Under Attack. The Diplomat. http://thediplomat.com/2013/12/queer-pakistan-under-attack - 79. “Humjins” is an Urdu expression that means “homosexual”. 80. https://twitter.com/QueerPK/status/434508303758938113 38 dangerous attacks. With the intent of ferent aspects of life are being looked not bringing them in limelight, Mr Mu- through the prism of religion, and open rad informed B4A that still there are to one’s own interpretation makes it several online LGBT platforms avail- difﬁcult for individuals to exercise their able as additional spaces for assembly civil liberties. The hard interpretation and association. of religion especially undermines the fundamental human rights of already “The sheer amount of information marginalised sections of the society. available on these forums, to offer These circumstances leave a very nar- advice and education of the LGBT is as- row space for sexual minorities in Pa- tounding,” he said. kistan to debate their issues.

The religious groups have always re- Karim Muhammad, another human acted harshly to any mention of the rights activist based in Islamabad, be- LGBT community and its access to fun- lieved that even within the LGBT com- damental human rights. For instance, munity itself, there are some who have riots broke out across the country in managed to assemble around their 2011 after the US Embassy in Islam- own sexuality and to a certain degree, abad hosted an event celebrating the also managed to gain some accep- LGBT community in the country.81 The tance. religious groups have also been prop- agating that LGBT persons are threat “The transgender and lesbian commu- to Islam in Pakistan, which has intensi- nities are very closely knit, and they ﬁed the hatred against LGBT commu- guard their sexuality very well,” he not- nity. Among those rallying against the ed. “The marginalised are the gays and event was Mohammad Hussain Mehna- the bisexuals.” ti, then-city chief of the Jamaat-e-Isla- mi Pakistan. However, despite the long-term mar- ginalisation, some form of secret as- “We condemn the American conspiracy sembly has been managed among to encourage bisexualism in our coun- these communities, but not to debate try,” he said. “They have destroyed us policy matters such as discriminatory physically, imposed the so-called war laws and their rights. on terrorism on us, and now they have unleashed cultural terrorism.”82 The very fact is that in Pakistan dif-

81. AFP. (2011, 4 July). Protests in Pakistan over US gay rights event. Dawn. http://www.dawn.com/news/641494/protests- in-pakistan-over-us-gay-rights-event 82. Ibid.

3939 CURRENT STATUS online expression in Pakistan. These The Queer Pakistan website is still of- terms will legitimise the government’s fline and its presence on social media arbitrary blocking of accounts and platforms such as Facebook83 and content disseminated by marginalised Twitter 84 has been inactive for over a groups and the marginalised will re- year. The fact remains that although main vulnerable. only homosexuality is criminalised 4. COLLECTIVE OF under Pakistani laws, any identity oth- FREETHINKERS er than male and female is deemed illegal, immoral and against religious BACKGROUND teachings, and their rights both offline Religion is among most sensitive topics and online continue to be denied. This is in Pakistan, and particularly issues such in violation of several global standards as defiling or defamation of Islam, leav- including UDHR and ICCPR. Pakistan is ing Islam as a religion, or being agnostic not only a signatory of ICCPR but has may have harsh implications. Groups also ratified the document. Moreover, discussing such issues exist in the it is a sheer violation of the state’s re- country and keep meeting in physical sponsibility to promote, protect and or virtual spaces but very private- fulfil the fundamental rights of its cit- ly. Associating with these collectives izens. Advocacy to amend these local openly, holding their meetings and laws denying fundamental freedoms, conducting intellectual debates using both offline and online, may expose physical spaces can prove to be fatal individuals and organisations to unwar- by increasing the likelihood of dangers ranted threats. It is the larger respon- of threats or even murder. sibility of the government to recognise its administrative authority in ensuring Social media offers such groups space equal rights to sexual minorities, and to come together, hold meetings and de- also take measures to eliminate hatred bate on their common goals and ideas. against them on the basis of their sex- As such, safety and security of online ual orientation from the society. spaces and digital communications is another important aspect when comes In recently passed cyber crime bill, the to exercising the right to freedom of as- government has employed very vague sociation and peaceful assembly. Paki- and subjective language such as “ob- stan, as a conservative, security state85 scenity and vulgarity” and “glory of employs all types of practices including Islam” while imposing restrictions on mass digital surveillance to track and filter online activities of citizens.

83. https://web.facebook.com/Humjins/?_rdr 84. https://twitter.com/QueerPK 85. Express Tribune. (2012, 22 March). Supremacy of Parliament: Civil-military imbalance has made Pakistan a security state, says Babar. Express Tribune. http://tribune.com.pk/story/353291/supremacy-of-parliament-civil-military-imbalance-has-made-pakistan-a-security-state-says-babar 4040 In its report Tipping the Scales: Secu- taken down by the PTA in 2010, while rity and Surveillance in Pakistan Pri- their presence on social media plat- vacy International said that “Pakistan forms such as Facebook and Twitter has developed advanced communica- is very limited.90 COF’s existence and tions infrastructure… and have moved beliefs run contrary to the ideology of towards the mass capture and stor- Pakistan, which according to the dom- age of communications of ordinary inating narrative and the “Objectives citizens.”86 In the absence of effective Resolution” was borne out of a need redressal mechanisms, such prac- for the Muslims of the sub-continent tices make the marginalised groups to have a piece of land of their own more vulnerable. Digital surveillance where they could lead their lives in is no more a hidden practice carried accordance to the Sharia practices. out by the law enforcement agencies in Pakistan. On 4 June 4 2015, two of The “Objectives Resolution”91 was a Pakistan’s intelligence agencies in a resolution of Pakistan’s Constituent suo motu (on its own motion) hear- Assembly, passed on 12 March 1949, ing disclosed that they have been professing that Pakistan’s future con- tapping thousands of phones every stitution will be based on the ideology month.87 On the other hand, certain and democratic faith of Islam. This nar- independent conservative individuals rative sets the tone for the inevitable or groups are also a looming threat Islamisation of the country. Over 95% to such online associations and their of Pakistan’s population practices the online gatherings. Islamic faith. After the era of Gener- al Zia-ul-Haq when the rise of political From the onset of its existence, the Islam and its inﬂuence in the country online presence of a non-believers were ﬁnally cemented, there has been group in Pakistan called “Collective of an ever-shrinking space for religious Freethinkers”88 has constantly been minorities in the country. However, under pressure of conservative mind- the idea of “irreligious” is beyond the set and online attacks. The group’s scope of any laws in the country. website www.c-o-f.com89 was routinely attacked by hackers in the past, but Section 15 of the Pakistan Penal Code somehow it managed to stay online is titled “Of offenses relating to Reli- until 2010. Finally, the website was gion”, and while section 295 provides

86. Privacy International. (2015). Tipping the scales: Security & surveillance in Pakistan. https://www.privacyinternational.org/ 87. Dawn. (2015, June 04). Nearly 7,000 phones tapped in May, ISI tells SC. Retrieved June 27, 2016, from http://www.dawn. com/news/1186013 88. “Collective of Freethinkers” is a hypothetical name being used to hide the group’s actual identity for security reasons. 89. Hypothetical domain name is used again to protect the identity of the collective for security reasons. 90. Facebook Page. Collective of Freethinkers. Retrieved, April 18, 2016, from https://www.facebook.com/ 91. The Objectives Resolution. http://www.pakistani.org/pakistan/constitution/annex.html 4141 protection to worship places of all re- Facebook, while on Twitter it has over ligions,92 it has traditionally been used 3,800 followers. As an arbitrary prac- exclusively by the religious extremists tice, the PTA shuts down anything that in the country. Other provisions of this it deems contradicting to Islamic ide- section focus entirely on Islam, and ology in Pakistani cyberspace (for ex- at the very least, are discriminatory, ample, see fate of www.c-o-f.com). as they do not accord the same pro- Before the group’s website was taken tection to other faiths in the country. down by the PTA, it was also targeted However, section 295-C of PPC is the by a group of hackers known as the most vague and dangerous among Pakistan Cyber Army. However, some other laws pertaining to religion. technologists within COF ranks saved the website from being hacked. It reads: Whoever by words, either spoken or “From the moment we came online, written, or by visible representation or the threats started pouring in,” said the by any imputation, innuendo, or insinu- founder of COF, Jamal Yusuf. “From the ation, directly or indirectly, defiles the moment we came online, the threats sacred name of the Holy Prophet Mu- started pouring in.” hammad (PBUH) shall be punished with death or imprisonment for life, and In his case, these also included death shall also be liable to fine.93 threats received via email twice or thrice a week, whereas two members Importantly, all that is needed for a of the group fall into real trouble of- blasphemy charge is an allegation.94 fline for their views. There is ample historic evidence of how mere allegations of blasphemy have “Both of them were charged under led to imprisonment and even death.95 blasphemy laws,” revealed Mr Yusuf. 96These incidents led other members CASE of the COF to a high degree of insecurity and self-censorship. “We obviously Collective of Freethinkers launched cannot meet and express our agnostic their website in 2007 and Facebook views and thoughts openly in physical page in 2008. Currently, it is being spaces, which was one of the reasons followed by over 7,000 people on why the website was essential.”

92. Pakistan Penal Code (Act XLV of 1860). http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html 93. Ibid. 94, International Humanist and Ethical Union. (2015). The Freedom of Thought Report 2015. http://freethoughtreport.com/ download-the-report 95. Dawn. (2012, 18 August). Timeline: Accused under the Blasphemy Law. Dawn. http://www.dawn.com/news/750512/ timeline-accused-under-the-blasphemy-law 96. Jamal Yusuf is a pseudonym used to hide the identity of the real person. Anonymity was requested to protect his security. 4242 Still, the fear of being infiltrated and tioned and protected, the concepts ratted upon is so real, the group has of atheism, agnosticism and apostasy had to resort to an elaborate vetting can be interpreted as derogatory to process for members. concepts of Islam, and existence of blasphemy laws makes the situation “Either an existing member vouches for more vulnerable. someone, or we conduct an interview.” CURRENT STATUS There is also the matter of recog- While the website of the COF is still nition. The state recognises Islam, offline, their Facebook and Twitter Christianity, Hinduism, Sikhism and accounts are active with few interac- most other religions. These options tions. On their Facebook page, a sig- are available on all legal documents, nificant amount of aggressive retorts including but not limited to passports, to the atheist views can also be read. national identity cards, driving licens- On a positive note though, one of the es, etc. There is obviously no “Athe- benefits of anonymous online identi- ist” check-box. ties is that members of this group can at the very least defend their beliefs “Most of us have this dual personality, on the internet. where for the majority, we continue to be religious within the faith we inherit- As mentioned by Mr Yusuf during the ed, and the other is what we really are,” interview, the group does meet, but said Mr Yusuf. it is kept very private and closed, as the fear of being found out is very However, the group’s single largest real. However, their ability to assem- fear is dominant religious extremism ble online and take part in intellectual finding out who they are and where debates around their faith is linked to they live. They have a justification to their anonymity. silence such associations. In a country where religion is officially sanc-

4343 Chapter VI

ANALYSIS AND CONCLUSION Pakistan is, by and large, a conserva- fundamental rights is not so simple, tive Islamic republic. While its legal as evidenced by many scenarios. system is a mash-up of colonial left- There are numerous examples of overs mixed with Islamic jurispru- how these rights are not available to dence, the public remains tradition- many sections of Pakistani society, alist in thought. This leads to serious specifically to those marginalised legal, ethical and religious impedi- by religious or nationalist dogma, ments to the freedom of assembly or non-conforming sexual orienta- and of association, both offline and tions or identities. Mapping trends online, as highlighted in different in the study reveals that various case studies. measures are required at different levels, including the discouragement Reclaim Your Mosques became one of biases towards the marginalised of the first documented examples and more vulnerable segments of of balancing religious sentiment on- society. These measures are also line and offline in a positive way. The consistent with the Sustainable De- campaign organiser did face some velopment Goals (SDGs), and include backlash, but overall, the movement the promotion and empowerment helped provide a counter-narrative of socio-economic and political in- to terror attacks and their connec- clusion of all without any sexual tion with religion to a large extent. or religious prejudices (goal 10.2); The online assembly was success- assurance of equal access to infor- fully translated into an offline gath- mation through online spaces; and, ering with a reasonable turnout. Al- digital literacy (goal 16.10). Another though the campaign did not yield important measure which emerged many practical outcomes, such as out of the study is true and just in- the banning or arrest of the contro- terpretation of the constitution and versial cleric, it was successful in reflection in the subsequent laws uniting citizens and creating a space such as Pakistani Penal Code, 1860 where activists countering extrem- (goal 16.3). ism in the country could gather. As is evident from the case studies, While freedoms of association and of gaps exist in the legal framework assembly are universal human rights, when it comes to implementation and protected both internationally and interpretation of existing freedoms of domestically, the protection of these assembly and of association at the 4444 national level. Articles 16 and 17 of the of their websites. This is one positive Constitution of Pakistan deal with this indicator in terms of availability of al- set of rights, and they are not discrimi- ternative spaces which also served as natory towards religious or sexual mi- venting spaces in these cases. norities or other marginalised groups. However, the penal code provides the However, mobile companies owned basis of inequity with religious and sex- by foreign investors are helpless in ual minorities and restricts the exercise cases of network shutdowns. It is un- of freedom of peaceful assembly and derstandable that mobile companies of association online and offline. For operate under local licenses and are instance, blasphemy laws in the case bound to follow the orders of the reg- of Collective of Freethinkers, and laws ulator, however, under the UN Guid- related to unnatural offences as dis- ing Principles on Business and Human cussed in the case of Queer Pakistan Rights, they are required to respect both point to lacunas obstructing free global human rights laws and norms. exercise of right to freedom of assem- Compliance with the regulator’s ar- bly and of association. bitrary orders would not be a proportionate response to the situation, Both laws have strong religious founda- as such actions deny a set of human tions, and criminalise activities of non- rights of citizens at large, including the religious and sexual minorities, such as rights to freedom of assembly and of holding meetings and debating issues in association. their collectives. Besides non-religious groups, blasphemy laws also provide Another factor that emerged very the basis for religious hatred against strongly from the cases discussed and minority faiths such as Ahmadis, Hin- the literature studied was the need for dus and Christians. the capacity-building of people in general and marginalised groups in particu- The role of corporate intermediar- lar, on the safe use of online spaces and ies such as Facebook, Twitter, Google, social media. Particularly, in situations blogging platforms, telecommunica- such as the one Ms Mehmood faced tion companies and ISPs vis-à-vis rights on social media, becoming a victim of to freedom of assembly and of asso- coordinated online attacks resulting ciation is important point of discus- in psychosocial trauma. The attacks sion. It should be noted that the social on Ms Mehmood (after Sabeen Mah- media presence of Queer Pakistan and mud’s murder) were a clear backlash Collective of Freethinkers is still intact, to the protests against Ms Mahmud’s despite the national regulator blocking killing that were gaining momentum,

4545 highlighting that on certain subject matters, large-scale coordinated attacks can take place online as well. Although the threats subsided after the deactivation of her social media accounts, the danger was very real and could be avoided from the very begin- ning if secure digital practices were employed.

Restricted Access to Emergency Services

Work and Education e-Services

Online gatherings need protection and safety measures to ensure that marginalised communities get to exercise their rights without the fear of being victimised in physical spaces, as happened in the case of the killings of gay men. To meet this require- ment, a multi-stakeholder approach would be desired. Governments and education departments at the federal as well as provincial levels can introduce digital literacy chapters in the curriculum of high schools and colleges, which will help in building citizens’ capacity on the safe use of online spaces. But responsibility does not lie solely with the government and private sector, but with civil society and non-governmental organisations who also have an important role to play in curriculum formulation and training marginalised groups.

4646 ACCESS TO TECHNOLOGY HELPS EXERCISE OF FOAA Similarly, uniform and easy access to also contrary to the goals of the World technology and online spaces is very im- Summit on the Information Society’s portant for an inclusive society and the Plan of Action, specifically B(6).99 This effective enjoyment of the online rights unmasks the government’s intentions, to freedom of peaceful assembly and of which is to willingly deny access of tele- association. Internet penetration in Paki- communication and broadband services stan is around 29.32 million people97 in a to the remaining 85% of the country’s population of 190 million (approximate- population. As pointed out earlier, in- ly 15.4%) with a big urban-rural and gen- creased access to modern telecom- der-based digital divide. For the devel- munication tools enables people to opment of un-served and under-served exercise their right to freedom of as- areas, the government established the sembly and of association. So in these Universal Service Fund in 2006 with the terms, it seems the government does help of telecommunication operators, not want that people should enjoy this who contribute 1.5% of their adjusted right in online spaces. Adding insult to revenues to this fund every year with injury, the state employs every possible no government funding involved. In this tactic to discontinue access to telecom- regard, Section 33(B)(2) of Pakistan munication services where they are Telecommunication (Re-organization) available to people in major cities, where Act, 1996 states: The USF shall be uti- it fears that people may use them for lized exclusively for providing access to organising peaceful protests. Pakistan telecommunication services to people in has been witnessing network disconnec- the un-served, under-served, rural and tions in this context since 2005100 and remote areas and other expenditure to the government is inflexible in giving be made and incurred by the Federal up its “kill switch” practices. Government in managing USF. Undermining these basic rights and However, the government in 2013 had freedoms by continually shutting down transferred over PKR 50 billion (USD websites, news portals and voices, is an 478 million) USF funds to the Federal impediment to a democratic, tolerant Consolidated Fund so to pay off power and diverse society and culture. Hence, sector’s circular debts.98 Such misuse it is imperative for the state and its in- of funds meant exclusively to expand stitutions to take positive legislative and telecommunication access for far-flung administrative measures in order to en- areas and cater to un-served popula- sure that any community can exercise tions is not only mismanagement but the rights to peaceful assembly and of association online and offline.

97. Haque, J., & Chaudhry, H. (2016). Pakistan’s Internet Landscape 2016. Retrieved August 29, 2016, from https://content. 98. Attaa, A. (2013, 28 June). Over Rs. 50 Billion of Universal Service Fund Transferred to Government Kitty. Propakistani. https://propakistani.pk/2013/06/28/breaking-over-rs-50-billion-of-universal-service-fund-transferred-to-government-kitty 100. Wagner, B., & Ashraf, A. (2015). Op. cit. 4747 Chapter VIi

RECOMMENDATIONS In view of the findings of this report, particular marginalised groups, Bytes for All would like to make the civil society organisations and following recommendations for the human rights defenders, as these advancement of FoAA in online and practices are inconsistent with offline spaces. the global human rights regime and democratic norms. Government of Pakistan In cognisance of its obligations towards global human rights laws, Comprehensive administrative the government should abide-by measures must be implemented international commitments un- immediately to ensure the ability der ICCPR, particularly Articles of citizens’ to effectively exercise 17, 19, 21 and 22 and UN resolu- their fundamental rights, as high- tions 20/8, 21/16, 24/5 and 32/13 lighted in Chapter 1, especially, in to facilitate free exercise of the consonance with Articles 16 and 17 rights to freedom of assembly of the Constitution of Pakistan and and of association and associated the state’s commitments under in- rights with equity in online spaces, ternational human rights law. regardless of citizens’ faiths, sex The legislative framework in place and ethnicities. and the processes involved should Materialising the state’s com- be reviewed by parliament, in or- mitment under the SDGs,101 spe- der to bring them in accordance cifically in accordance with the with the fundamental rights guar- SDGs 10.2102, 16.3103 and 16.10,104 anteed by the Constitution of Paki- the government must promote stan, specifically referring to the social, economic inclusion of all Article 8(1) & (2), and the state’s citizens (without discrimination), commitments under international ensure rule of law, equal access human rights law. to justice, citizenry’s access to The government and its function- information and protect popu- aries should stop intercepting, lace’s fundamental freedoms. collecting and surveilling the pri- The government must ensure vate digital lives of all citizens, in the enhancement of digital infra-

101. http://www.undp.org/content/undp/en/home/sdgoverview/post-2015-development-agenda.html 102. By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. 103. Promote the rule of law at the national and international levels and ensure equal access to justice for all. 104. Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. 4848 structure in the country under the It should review all existing and Universal Service Fund, in order to proposed legislation that does not provide at least a basic and initial conform with the standards of fun- connection to the public telecom- damental human rights, especially munications network, speciﬁcally those inconsistent with the princi- in the rural and low-income urban ples of freedom of assembly and areas including remote villages. As of association. Moreover, it should per good development practices, it propose amendments to the rele- should also provide “white spaces” vant state forums and institutions. to CSOs for the purposes of com- It must ensure the implementation munications and sustainable de- of International Covenant on Civil velopment to enhance community and Political Rights (ICCPR) along informatics and community media with the other international instru- infrastructures. ments and commitments, espe- Give a positive response to country cially in the context of freedom of visit requests (2011 & 2013)105 of association and of assembly, under the UN Special Rapporteur on the the thematic area IV (Internation- Rights to Freedom of Peaceful As- al/UN Treaty Implementation) of sembly and of Association. More- Ministry’s HR Action Plan. over, consider issuing a standing invitation to UN Special Procedures, National Commission for demonstrating Pakistan’s commit- Human Rights ment for the promotion and protection of human rights. À The Commission must monitor Federal Ministry of Human and investigate matters breaching Rights (under its Human Rights citizens’ rights to freely associate Action Plan 2016) and peacefully assemble, both in online and ofﬂine spaces, even if The ministry must include all fun- suo motu (on its own motion) ac- damental rights guaranteed in the tion is required to make sure that Constitution of Pakistan, especial- justice is carried out. Usually, the ly freedom of assembly and of communities or individuals whose association, while developing the rights are compromised are al- National Policy Framework for the ready marginalised, which hinders Promotion and Protection of Hu- their access to the human rights man Rights, under thematic area I institutions or making complaint/s of Ministry’s HR Action Plan.106 on their own.

105. http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/CountryVisits.aspx Booklayout.pdf

4949 Federal Ministry of Information and Technology In accordance with Ministry’s Mis- Digital literacy in general and dig- sion,107 the practice of using net- ital security in particular should work shutdowns must be discon- be enhanced among the mass- tinued. This not only stalls public es through capacity building and services, productivity and effects awareness-raising sessions fo- socio-economic growth, but is also cusing on speciﬁc groups within an impediment to the exercise of the community, such as working fundamental rights, including free- women, the youth and particularly dom of assembly and of association. young girls in universities as well as marginalised communities in differ- The ministry must implement the ent geographic regions all over the state’s commitment under the country. points 5.b108 and 9.c109 of the SDGs to develop programmes (in pub- Public-private partnership should be lic-private partnership) to enhance enhanced, in order to better reach digital literacy among the general out to marginalised communities populace. Enhancing the digital and enhancing sustainability by infrastructure would also require sharing ﬁnancial resources, knowl- digital literacy, without which all edge and skills. improvements could go in vain. All organisations should monitor and explore the online situation of Governmental and non-govern- freedoms of assembly and of asso- mental organisations: ciation in Pakistan with a particular focus on marginalised groups, such Arbitrary practices including block- as religious and sexual minorities. ing websites and/or censoring online content by the Pakistan Tele- communication Authority should be discouraged, and a level playing field should be provided to all citizens.

107. To create an enabling environment through formulation and implementation of policies and legal framework; providing ICT infrastructure for enhancing productivity; facilitating good governance; improving delivery of public services and con- tributing towards the overall socio economic growth of the country (http://www.moit.gov.pk). 108. Enhance the use of enabling technology, in particular information and communications technology, to promote the empowerment of women. affordable access to the internet in least developed countries by 2020. 5050 APPENDIX I

QUESTIONNAIRE General questions

Do you know about rights to free- Did the blocking authority informed dom of peaceful assembly and of about the reason of blocking their association? website? What is the state of freedom of Do you feel this action was justi- peaceful assembly and association fied? in Pakistan, both in online and of- What are the threats sexual minori- fline spaces? ties have been facing in Pakistan? How marginalised communities or special groups in Pakistan including religious or sexual minorities, For case study on religious journalists and civil society exercise minority group their rights to peacefully assemble and to associate in online spaces? How they started with the idea of What restrictions they (these launching website www.c-o-f.com? groups) face in terms of laws while And what were motives behind? exercising their rights to assemble Why this platform was blocked and peacefully and of association? who blocked it? What social pressures they con- Did the blocking authority informed front in exercise of these rights and about the reason of blocking their how they deal with them? website? Do you feel this action was justi- For case study on sexual fied? minority group What are the threats they have been facing in Pakistan? How sexual minority website platform “Queer Pakistan” was established and what were the motives behind? Why this platform was blocked and who blocked it?

51 For case study “Coordinated Online Attacks”

What did really happen when you Do you think the response of online tweeted in reaction of Sabeen campaign was appropriate enough Mahmud’s murder? when you protested ofﬂine? How What was the three-word tweet? many people joined your protests And what reaction you received? in Islamabad? What nature of threats you re- Did you succeed in your objectives? ceived and what platforms were Please elaborate. involved? Describe the nature of trauma you passed through? What measures did you take in reaction to what was happening? What do you think who were involved in harassment and coordinated online attack? Did you take any digital and physical security measures?

For case study “Reclaim Your Mosques”

What was the cause behind your campaign and how did you mobilise people online? Why digital spaces are important for campaigning for a cause? What were the results of your online campaign?