Refugee Review Tribunal

AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: PAK17691 Country: Pakistan Date: 30 November 2005

Keywords: Pakistan – Nepazi Shariat – TNSM – Women – Muslims – State Protection

This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Questions

1. What information is available on an organisation known as the Nepazi Shariat group which may operate in Swat? 2. What does the Nepazi Shariat group about women studying? 3. Does the Nepazi Shariat group attack Muslims? 4. Are the police complicit with the Nepazi Shariat group? 5. Do the police offer protection to Muslims, from the Nepazi Shariat group?

RESPONSE

1. What is the Nepazi Shariat group?

No information was found amongst the sources consulted concerning a group with the exact title “Nepazi Shariat group”. Information was located on a movement which is sometimes referred to by a title of a similar nature and which is operative in Swat in the North West Frontier Province (NWFP). The group, which is generally known as Tehreek-e-Nafaz-e- Shariat-Mohammadi (TNSM or the Movement for the Enforcement of Islamic Laws) is referred to using a variety of renderings of the various components of the TNSM title, including: Tehreek, Tehrik, Tanzim and Tanzeem, e and i, Nafaz and Nifaz, Shariat, Sharia and Shariah and Mohammadi and Muhammadi.

The TNSM is a militant, Wahabi tribal outfit whose primary objective is the imposition of Shariat in Pakistan. The TNSM was founded in 1992 and proscribed by President Pervez Musharraf on 12 January 2002. The TNSM operates in the tribal belt and the North West Frontier Province (NWFP). The TNSM headquarters are located in Maidan, Dir district. Maulana Sufi Mohammed leads the TNSM, Maulana Abdul Ghafoor is the Deputy Chief and Muhammad Abdullah is the spokesperson. During the 2001 US military campaign in Afghanistan, TNSM cadres fought alongside the Taliban. Despite the 2002 ban and subsequent arrests of TNSM activists, the TNSM remains active in Pakistan. The South Asia Terrorism Portal (SATP) provides the following information on the TNSM with respect to formation, ideology, objectives, area of operation, activities and incidents:

The Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (TNSM) is one of the five outfits that have been proscribed by President Pervez Musharraf on January 12, 2002.

Formation

The Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (TNSM) was founded in 1992 with the objective of a militant enforcement of Islamic law. It came into prominence in November 1994 when it laid siege to the Saidu Sharif city Airport demanding imposition of the shariat.

Ideology and Objectives

It is a militant, Wahabi tribal outfit. The primary objective of the TNSM is the imposition of shariat in Pakistan. Ideologically, it is dedicated to transform Pakistan into a Taliban style state. In an August 1998-speech in Peshawar, Maulana Sufi Mohammed, its leader, reportedly declared that those opposing the imposition of shari’a in Pakistan were wajib-ul-qatl (worthy of death). The outfit while outrightly rejecting democracy has termed it as ‘un-Islamic’. In an interview Sufi Mohammed said, “We want enforcement of the Islamic judicial system in totality: judicial, political, economic, jihad, fi sabilillah, education and health. In my opinion the life of the faithful will automatically be moulded according to the Islamic system when the judicial system is enforced.” TNSM rejects all political and religio-political parties as, according to it, they follow the western style of democracy. Its Chief frequently uses the term talaq (divorce) for his opponents when he criticizes any of their acts of infidelity, such as voting in the election. TNSM openly condones the use of force in what they see as a Jehad.

Leadership, Structure and Headquarters

Maulana Sufi Mohammed is the leader of the Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (TNSM). Maulana Abdul Ghafoor is the Deputy Chief of the outfit while Muhammad Abdullah is its spokesperson. The executive body is the highest policy making organ of the TNSM. The outfit has a large number of ex-servicemen, including many retired Commissioned Officers, in its ranks and, thus, poses the greatest concern to the military regime in Pakistan. Many serving senior officers of the Pakistani Army are also related to these ex-servicemen. According to a media report, many TNSM cadres are alleged to be persons with criminal background. Dissension within the TNSM ranks has led to the expulsion of many senior leaders. Maulana Fazal Dian, a central leader was expelled by Sufi Mohammed for violating TNSM rules. Maulana Israil, the then spokesperson of the TNSM, said, on September 5, 2000, Maulana Fazal Dian had attended the meeting of Jamaat-e-Islam (JeI) held in Timergara Dir, which was a violation of the TNSM’s rules and regulations. Fazal Dian later formally joined the JeI. Rham Wajid, who was the TNSM General Secretary during the May 1994-demonstrations against the provincial administration, later applied for refugee status in Canada. The TNSM headquarters is located in Maidan, lower Dir district. Media reports have indicate that the TNSM has now attained the status of a well-trained and well- equipped militant organization by getting hundreds of its youths trained in Afghanistan.

Area of operation

The TNSM operates primarily in the tribal belt, such as in Swat and the adjoining districts of the North West Frontier Province (NWFP). Although well established in the NWFP, the TNSM has had only limited success in expanding its activities beyond the tribal areas of the province. The strategy of the then NWFP government of Mehtab Abbasi, in 1999, to reportedly work with the TNSM rather than confront it assisted the outfit in expanding its activities in the region. News sources indicate that the government reportedly announced concessions with regard to implementation of shari’a in the area.

The TNSM and the JeI are locked in a turf war in the Malakand division and the Jamaat- Ulema-e-Islam, JeI and TNSM are in conflict with each other in the tribal areas.

Media reports of April 2001 indicated that the TNSM’s operations shifted from its earlier strongholds in Mingora in Swat and Dir to the tourist resorts of Madyan, Bahrain and Kalam where hundreds of armed youths with black turbans were reportedly seen roaming around. Tourism operators, especially hoteliers, who have invested large amounts of money in constructing some three dozen standard hotels and other tourist attractions are facing threats of attacks on tourists. Reports were circulating in the area that no unveiled woman would be allowed to enter or move about in the summer resorts, giving credence to the fears that all government efforts to promote tourism in the area would suffer a setback.

Activities and Incidents

It first came into prominence in November 1994 when it led an armed uprising in support of shariat in the Malakand division, North West Frontier Province (NWFP) The TNSM’s call to arms reportedly drew large numbers of experienced Afghan Mujahideen from nearby Peshawar and Bajaur areas. Approximately 40 persons, including 12 security force personnel, were killed in a week of fighting before the government was able to reestablish law and order. The Frontier Corps was deployed to regain control of the Saidu Sharif airport, roads, police stations and judicial courts in the area.

The TNSM’s siege against the provincial administration is witnessed mostly during the summer, every year, and there has been no change in this routine since 1994 when violent clashes took place between its cadres and the law enforcement authorities.

The TNSM, Malakand division, organized a protest procession in Mingora on September 20, 2001 where the speakers called for raising a ‘voluntary army’ in order to extend support to the Taliban militia against the then impending US strikes.

The outfit has also established parallel ‘courts’ in the Malakand division to protest against what it perceives is the non-cooperation of the government. A media report of December 2000 indicated that these courts had so far decided approximately one hundred cases in all the districts of the division. According to the TNSM leadership, the legal system in Pakistan was based on English laws and hence was not acceptable to the outfit. Further, these ‘courts’ are reportedly pronouncing ‘decisions’ on many cases free of charge. The TNSM has also demanded the use of Pashtu language for court proceedings instead of the national language, Urdu.

In the US military campaign in Afghanistan, the TNSM is reported to have sent thousands of armed cadres to Afghanistan to fight alongside the Taliban militia. News reports of October 27 from Bajaur, NWFP, indicated that approximately 10,000 TNSM cadres led by their Chief, Maulana Sufi Mohammed, crossed the Pakistan-Afghan border. They were armed with Klashnikovs, rocket launchers, missiles, anti-aircraft guns, hand grenades and swords. Their convoy comprising 300 vehicles had left the TNSM headquarters in Maidan, lower Dir district, and reached Bajaur Agency. 4,000-armed tribesmen are also reported to have joined the TNSM cadres and they have reached the Ghaani Pass on the Pakistan-Afghan border. News reports added that the political administration of Bajaur Agency allowed the TNSM cadres to pass through the agency jurisdiction on their way to Afghanistan. According to the TNSM Chief, the cadres were proceeding to Kandahar, headquarters of the erstwhile Taliban regime. Qazi Ihsanullah, a TNSM spokesperson said in Bajaur, on October 27, “We will resist if the authorities try to stop us. The jihad (holy war) will start here…Initially Mullah Omar advised us to wait and come to Afghanistan only when necessary but we have told them that we will stay in Afghanistan as a reserve force.” TNSM sources indicated that scrutiny of cadres was carried out to send only the able-bodied and young people to fight along side the Taliban. TNSM said in Maidan Dir (Lower) on October 24 that he had “urged all of his followers to prepare themselves for the jihad that was binding on them.” He opined, “It was compulsory for the faithful to participate in the jihad against the aggressors”, and added, “non-Muslims should be taught an exemplary lesson.” He said it was Jehad in the way of Allah and not for the Taliban. He claimed that the TNSM cadres were in possession of all kinds of heavy weapons like anti-aircraft guns, mortars, missiles, and klashnikovs. He added that the TNSM was in contact with the then Jalalabad Governor, Abdul Kabir and Taliban supremo Mulla Mohammed Omar.

The TNSM while condemning the Afghan policy of the Musharraf regime termed it as a total failure.

Media reports have indicated that a sizeable number of TNSM activists have joined the Taliban ranks since 1994.

In April 2001, the TNSM demanded that the provincial administration of Malakand put in place a ‘true Islamic judicial system’ by dismantling the present set-up. It rejected the government’s judicial system which, in its perception, lacks in authority and finality under Islamic injunctions. It also opposed the military regime’s plan to hold local council elections. In his speeches at Ushu, Kalam and other places, in April 2001, the TNSM Chief said, “There is no room for vote in Islam and the concept of democracy which some religio-political parties are demanding is wrong.”

The TNSM is also reported to have set up approximately three FM radio stations in the Bajaur area of North West Frontier Province of Pakistan, bordering Afghanistan, to campaign for funds and volunteers to fight alongside the Taliban militia. These radio stations were also used to air TNSM leaders’ address to pro-Taliban rallies.

On November 5, 1994, 15 persons were killed and 17 others injured TNSM cadres clashed with security forces in the NWFP region. The TNSM was demanding the enforcement of Sharia in the tribal Malakand region, which borders Afghanistan. The TNSM movement to introduce Sharia in the region was strengthened following a Supreme Court decision in February 1993 that removed British colonial laws in tribal areas.

On November 8, 1994, TNSM released 50 government officials in the town of Matta, NWFP, following a cease-fire between the outfit and the provincial government. NWFP Chief Minister Sherpao consequently agreed to enforce Sharia in Malakand.

On December 4, 1994, police fired tear gas to halt a march by 5-10,000 members of the TNSM who were seeking the release of 85 colleagues who had been arrested during the past month’s protests.

On June 19, 1995, the TNSM Chief and twenty of his senior followers were arrested following a clash with the security forces. At least 26 persons were injured when hundreds of TNSM cadres occupied government offices in the Swat district. They were demanding the implementation of an agreement reached with the government in 1994 to enforce Sharia in Malakand.

On September 6, 1998, the TNSM threatened to attack American property and also abduct American citizens in Pakistan unless the USA apologised to the Muslim world for the August 1998 missile strikes in Afghanistan (‘Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (Movement for the Enforcement of Islamic Laws)’ 2001, South Asia Terrorism Portal website (http://www.satp.org/satporgtp/countries/pakistan/terroristoutfits/TNSM.htm - Accessed 7 April 2004 – Attachment 1).

The US Department of State’s International Religious Freedom Report 2003, reports that following the January 2002 ban on TNSM, amongst others, the Pakistani Police “raided offices, mosques, and madrassas linked with these groups; announced a ban on fundraising activities; and arrested almost 3,000 party members. Most of those arrested were later released without being charged” (US Department of State 2003, International Religious Freedom Report 2003 – Pakistan, 18 December – Attachment 2).

An article dated 7 July 2003 in the SATP’s South Asia Intelligence Review reports that the TNSM “suffered the most in the countrywide crackdown on Islamist extremist organizations with a domestic agenda and activities” (Lakshman, Kanchan 2003, ‘Sectarian Terror in Quetta’, South Asia Intelligence Review: Weekly Assessments & Briefings, Volume 1, Number 51, 7 July, South Asia Terrorism Portal website http://www.satp.org/satporgtp/sair/Archives/1_51.htm - Accessed 8 February 2005 – Attachment 3).

An article dated 4 August 2003 in Dawn reports that the TNSM has resumed its activities in Malakand (‘MINGORA: Banned outfit regroups’ 2003, Dawn, 4 August http://www.dawn.com/2003/08/04/nat25.htm – Accessed 22 November 2005 – Attachment 4).

On 27 May 2004, a representative of the Human Rights Commission of Pakistan told the Ninth European Country of Origin Seminar that “the government had been unsuccessful in controlling militant organizations” in Pakistan. According to the representative while the government had banned some organisations “it ha[d] not disarmed them, demobilized them or rehabilitated them” (Immigration and Refugee Board of Canada 2004, PAK43133.E – Pakistan: The effectiveness of the government ban on extremist groups (January 2002 – November 2004), 19 November http://www.irb.gc.ca/cgi- bin/foliocgi.exe/refinfo_e/query=?realquerydlg – Accessed 22 November 2005 – Attachment 5).

An article dated 12 December 2004 in Dawn reports that the “organizations of the TNSM are still intact and functional, but underground”. The article also notes that since the Pakistani Government froze the accounts of the TNSM, the TNSM are robbing state-owned banks (Hazrat Bacha, Ali 2004, ‘MINGORA: Banned religious outfits change mode of operation’, Dawn, 12 December http://www.dawn.com/2004/12/12/local24.htm – Accessed 21 November 2005 – Attachment 6).

According to an International Crisis Group report dated 18 April 2005, “TNSM remnants remain active”:

In some areas of the NWFP, Sunni extremism closely resembles the Taliban model. The Tehreek-e-Nafaz-e- Shariat-e-Mohammadi, a militant pro-Taliban group, has lost considerable ground to its rival Islamist organisations as a result of the U.S.-led campaign against al Qaeda and the Taliban. Hundreds of its followers were killed or detained in Afghanistan after the fall of the Taliban. Its leaders remain behind bars in Pakistan, and its offices have been closed. But TNSM remnants remain active. “TNSM’s Taliban folly has turned people against it”, says an employee of an international NGO in the area. “But many of its local leaders in villages and tribes still run Tehreek-e- Taliban [the Taliban Movement] with similar aims. It is still difficult for government and non-government development projects to operate without fear of opposition from clerics” (International Crisis Group 2005, The State of Sectarianism in Pakistan, 18 April, p.18 – Attachment 7).

An article dated 11 May 2005 in Jang reports that Maulana Muhammad Alam, acting Amir of the TNSM, wants peace in Malakand. He said that the TNSM were peaceful in the past and would remain so in the future (‘Defunct TNSM acting chief wants peace’ 2005, Jang, 11 May http://www.jang.com.pk/thenews/may2005-daily/11-05-2005/national/n3.htm – Accessed 22 November 2005 – Attachment 8).

An article dated 7 June 2005 in The South Asia Tribune reports that most of the banned Jihadi and sectarian groups “continue to enjoy a free hand under the very nose of the administration, which is more interested in taking cosmetic steps instead of doing something practical to scotch the evil”:

In view of the current wave of sectarian violence, it seems that the Government has simply failed to curb the activities of the banned Jihadi and sectarian groups, despite repeated claims by General Pervez Musharraf of having adopted strict administrative measures against them. The unfortunate fact remains that most of these groups continue to enjoy a free hand under the very nose of the administration, which is more interested in taking cosmetic steps instead of doing something practical to scotch the evil.

…While announcing a massive campaign to eradicate the sectarian menace, the General banned three sectarian groups, Sipah-e-Sahaba Pakistan (SSP), Tehreek-e-Jafria Pakistan (TJP) and the Tehrik-e-Nifaz-e-Shariat Mohammadi (TNSM) and put the Sunni Tehrik on notice. Another two sectarian groups – Sipah-e-Mohammad Pakistan (SMP) and Lashkar-e- Jhangvi (LeJ) had been banned earlier, on August 14, 2001.

Despite the Government ban, however, almost all these sectarian groups continue to operate freely under changed names without much difficulty. Contrary to Musharraf’s much- trumpeted claims of having dismantled the sectarian mafia in Pakistan, the hard fact remains that his administration has hardly taken any concrete measures to implement the ban in letter and spirit, except in arresting and later releasing some of the cadres of these groups. Enforcement agencies arrest some of these cadres every time there is an escalation in sectarian conflict, but they are released shortly after the wave of violence subsides.

The organizational infrastructures of the banned sectarian groups has essentially remained intact, with most of the groups retaining the same office bearers who refused to go underground even after the January 2002 ban. Most of the banned groups continue to operate out of their old office premises, though some have shifted to new premises. They are still bringing out their periodical publications, in most cases under the old names, besides raising funds and holding congregations without any check or fear.

And the sectarian tensions refuse to die down, given the fact that the contending groups are well organized and well armed. Their ability to maintain effectiveness and to elude enforcement agencies also has to do with an extensive support network that includes madrassas, political parties, bases across the border in Afghanistan, and financial support from foreign countries, if not foreign Governments. The International Crisis Group has noted, in its April 2005 report, The State of Sectarianism in Pakistan:

Sectarian terrorists in Pakistan are thriving in an atmosphere of religious intolerance for which its military government is largely to blame. General Musharraf has repeatedly pledged that he would eradicate religious extremism and sectarianism and transform Pakistan into a moderate Muslim state. In the interests of retaining power, he has done the opposite (Mir, Amir 2005, ‘Musharraf Fails to Control Sectarian Monster Haunting the Country’, South Asia Tribune, 7 June http://www.satribune.com/archives/200506/P1_mir.htm – Accessed 21 November 2005 – Attachment 9).

An article dated 12 August 2005 on the SATP website reports that dozens of cadres from banned organisations including the TNSM are contesting seats in forthcoming local council elections (‘Jihadis contesting local bodies’ elections, indicates report’ 2005, Detail of Terrorism Update – Pakistan, South Asia Terrorism Portal website, 12 August http://www.satp.org/satporgtp/detailed_news.asp?date1=8/12/2005 – Accessed 23 November 2005 – Attachment 10).

An article dated 2 September 2005 in Jang reports that the “TNSM remained very active” in Buner district (Khan, Iftikhar 2005, ‘12 activists of TNSM held in Swat, Buner’, Jang, 2 September http://www.jang.com.pk/thenews/sep2005-daily/02-09-2005/national/n4.htm – Accessed 21 November 2005 – Attachment 11).

An article dated 5 October 2005 in Dawn reports that the Peshawar High Court has declared the detention of eight TNSM activists by the NWFP government under section 11EEE or the preventative detention provision of the Anti-Terrorism Act 1997 as illegal and unconstitutional. The High Court ruled that the provision “could not be used in such an arbitrary manner without any valid charges against the detainees on record” (‘Detention of 8 TNSM men declared illegal’ 2005, Dawn, 6 October http://www.dawn.com/2005/10/06/nat41.htm – Accessed 21 November 2005 – Attachment 12).

The following articles report on the arrest of TNSM members in 2005. No information on whether they were charged, tried or released was found amongst the sources consulted:

• 2 February 2005: Two TNSM leaders were arrested in Bajaur Agency (Ullah Khan, Anwar 2005, ‘Two held in Bajaur Agency crackdown’, The Nation, 2 February http://nation.com.pk/daily/feb-2005/2/index16.php – Accessed 21 November 2005 – Attachment 13);

• 5 May 2005: The homes of TNSM activists in Chopatra and Seway, Bajaur Tribal Agency, were raided and seven men including an Uzbek, three Afghans and three Pakistanis were arrested (Anis, Muhamma 2005, ‘Pakistan captures al-Qaeda No 3’, Jang, 5 May http://www.jang.com.pk/thenews/may2005-daily/05-05- 2005/main/main1.htm – Accessed 23 November 2005 – Attachment 14);

• 21 July 2005: Four TNSM leaders and activists were detained in Upper Dir, five TNSM activists were detained in Lower Dir and one TNSM activist was arrested in Tohidabad. The Pakistani Interior Minister said that “the arrests under the anti-terrorism laws would continue” (‘Hunt intensified; 200 held: Prominent SSP leader arrested in Khairpur’ 2005, Dawn, 21 July http://www.dawn.com/2005/07/21/top2.htm – Accessed 21 November 2005 – Attachment 15);

• 21 August 2005: One TNSM leader was arrested in Loy Sam, Bajaur Agency “for having links with militants” (‘Banned group’s activist held’ 2005, Dawn, 21 August http://www.dawn.com/2005/08/21/nat45.htm – Accessed 21 December 2005 – Attachment 16); and • 2 September 2005: Five TNSM leaders from Swat and seven from Buner were arrested. The article notes that anonymous sources “said the crack down would continue till the arrest of other leaders of the banned group” (Khan, Iftikhar 2005, ‘12 activists of TNSM held in Swat, Buner’, Jang, 2 September http://www.jang.com.pk/thenews/sep2005- daily/02-09-2005/national/n4.htm – Accessed 21 November 2005 – Attachment 11).

2. What does the Nepazi Shariat group say about women studying?

No information on whether the TNSM allow women to study was found amongst the sources consulted. The SATP reports that the TNSM wants “to transform Pakistan into a Taliban style state” in which case women may not be able to study (‘Tehreek-e-Nafaz-e-Shariat-e- Mohammadi (Movement for the Enforcement of Islamic Laws)’ 2001, South Asia Terrorism Portal website – Attachment 1).

The following sources provide limited information on the women and the TNSM.

An Immigration and Refugee Board of Canada response dated 19 December 1995, quoting Deutsche Presse-Agentur and The Herald, reports that the TNSM is “opposed to women playing a public role” and TNSM leader “Soofi Mohammad, is opposed of men speaking with women, even women dressed in Islamic garb” (Immigration and Refugee Board of Canada 1995, PAK22556.E – Pakistan: Information on the religious movement called the Tahreek Nafaz Shariat Muhammadi (TNSM) from 1993 to the present, 19 December http://www.irb.gc.ca/cgi-bin/foliocgi.exe/refinfo_e/query=?realquerydlg – Accessed 23 November 2005 – Attachment 17).

An Immigration and Refugee Board of Canada response dated 7 December 2000, quoting Inter Press Service, provides the following information on women and the TNSM:

A women’s rights group called Khowindah Kor was threatened by the TNSM and warned to “shut down all their activities in Dir, or have their offices attacked and burnt down.”(IPS 9 Sept. 1999). The TNSM also described as “immoral” a women’s program sponsored by the European Union-funded IUNC Dir-Kohistan Biodiversity Project in the town of Dir, which is located 250km northwest of Islamabad (ibid.) (Immigration and Refugee Board of Canada 2000, PAK35733.E – Pakistan : Tehrik-I-Nifas-e-Shariat (TNS) in the North West Frontier Province (NWFP); its leaders, its mandate, the activities of its members and other names the TNS may be known by; whether the TNS is also known as the Tehrik/Tanzim Nifaz Shariat Muhammadi (TNSM), 7 December http://www.irb.gc.ca/cgi- bin/foliocgi.exe/refinfo_e/query=?realquerydlg – Accessed 23 November 2005 – Attachment 18).

Amnesty International reports that on 2 July 2000, TNSM leaders in Malakand said “if you see any female NGO worker in our areas take her home and marry her so she spends [the rest of] her life inside four walls”. The main target of the TNSM was the NGO Khwendo Kor, which “seeks to raise the status of women in the area by running integrated community based schools”:

Despite several members of the present government having worked in and with non- governmental organizations (NGOs) – and the government repeatedly emphasising its closeness to NGOs -- it has done little to protect women’s NGOs against attacks and harassment from conservative elements of society. NGOs assisting women have been repeatedly targeted by Islamist groups, especially in NWFP. On 2 July 2000, leaders of the Tehrik-e-Nafaz-e-Shariat-e

Muhammadi (TNSM) in Malakand Division directed their followers during a rally to marry any woman belonging to an NGO they met. Its leader said, “if you see any female NGO worker in our area take her home and marry her so that she spends [the rest of] her life inside four walls”. The main target of the Islamists’ ire was the NGO Khwendo Kor [Pashtu for ‘Sisters’ Home’], an NGO that seeks to raise the status of women in the area by running integrated community based schools. Islamists claimed that the NGO – and NGOs generally – were spreading obscenity and undermining the honour of the Pashtuns. Even some local media reportedly blamed the NGO workers for failing to respect the local culture when working with men. Project manager of Khwendo Kor, Anila Qamar, said that the organization worked with those parents who wanted to see their daughters educated and improve their prospects and who were unable to benefit from the state education system. The NGO invited clerics and journalists to visit their school and see their work. Following threats to staff and negative publicity, the NGO had to suspend its work which had benefited some 1,500 girls for some time. In July 2001, a small bomb was reportedly pushed into a drainpipe of a Sister’s Home in Karak, a hand grenade tossed into the office of another. A worker said, “Yes, we feel threatened, but as we don’t do anything illegal, we don’t see any point in reviewing our activities” (Amnesty International 2002, Pakistan – Insufficient Protection of Women, 17 April, ASA 33/006/2002 http://web.amnesty.org/library/index/engASA330062002?OpenDocument – Accessed 23 November 2005 – Attachment 19).

The SATP reports that in April 2001, the TNSM’s operations shifted to the tourist resorts of Madyan, Bahrain and Kalam with reports circulating in the area “that no unveiled woman would be allowed to enter or move about in the summer resorts” (‘Tehreek-e-Nafaz-e- Shariat-e-Mohammadi (Movement for the Enforcement of Islamic Laws)’ 2001, South Asia Terrorism Porta website – Attachment 1).

An International Crisis Group report dated 7 October 2004 reports that the TNSM “opposed foreign-funded projects in general, and women mobilisation efforts in particular”:

Female education programs run by organisations like KK came under attack. “We were accused of spreading Christianity, of being funded by Jews”, says Pasha. “We came under threat and even physical attacks”. The federal government banned the TNSM only after it sent thousands of volunteers to fight alongside the Taliban in late 2001 (International Crisis Group 2004, Pakistan: Reforming the Education Sector, 7 October, p.20 – Attachment 20).

3. Does the Nepazi Shariat group attack Muslims?

An article dated 18 October 2004 in Jang reports that TNSM activist Haji Muhammad Khan and his men attacked Mina Doag and burned down houses of his rival, Mehmud. The article notes that Haji Muhammad Khan is wanted by Dir police in connection with at least 20 killings and that his is “a name of terror in the area”:

Haji Muhammad Khan, who is wanted to Dir police in at least 20 registered cases of killings, locals as well as police claim, is a name of terror in the area. His fighters are in possession of heavy weapons like rocket propelled grenades, heavy machineguns and even missiles.

…Affiliated with Sufi Muhammad’s defunct TNSM, Haji Muhammad Khan has visited Afghanistan many times and had contacts with then Taliban government. Majority of his fighters, locals claimed, were trained by then Taliban and fought on their side on many occasions.

The people of Doag Dara and adjacent three other valleys — Nihag Dara, Tormang Dara and Karo Dara — live in terror due to the presence of the armed personnel of his group. He once ran his own court and awarded punishments to people under Shariah laws, defined by clergy with his approval. Khan attacked police stations in the past and got his supporters released after they were arrested in connection with Sufi Muhammad-led drive for enforcement of Shariah in Malakand division.

Local elders and police sources admit that the police force alone cannot deal with Khan and urged the need for involvement of paramilitary force to establish the writ of the government in these areas.

Unlike Nek Muhammad Wazir and Abdullah Mahsud, the fighters around Haji Muhammad Khan are believed to be hardcore criminals than mujahideen, because of their activities like kidnapping for ransom, car lifting, etc.

According to locals, the entire population would stand by the authorities in case a major operation is launched against him. His area of operation, locals said, stretches from Dir Upper to Kohistan, Matta and Gabral in Swat district.

The area has become a safe sanctuary for criminals and several groups are taking advantage of the situation to act on their own under different names like Tandar, Sailab, War Shatai, Angar, etc. It is also learnt that the closure of foreign funded Kohistan Development Project was mainly due to Haji Muhammad Khan, who opposed the project and harassed its staff from time to time. The project was abandoned for security reasons (Khan, Behroz 2004, ‘Defunct TNSM activist holds villagers hostage’, Jang, 18 October http://www.jang.com.pk/thenews/oct2004-daily/18-10-2004/main/main10.htm – Accessed 22 November 2005 – Attachment 21).

No other information on recent TNSM attacks on Muslims was found amongst the sources consulted.

4. Are the police complicit with the Nepazi Shariat group?

Question 1 documents arrests of TNSM members by police in 2005. No other information on the relationship between the police and the TNSM was found amongst the sources consulted.

5. Do the police offer protection to Muslims, from the Nepazi Shariat group?

No specific information on whether the police offer protection to Muslims from the TNSM was found amongst the sources consulted.

The Introduction of the most recent US Department of State’s Country Reports on Human Rights Practices 2004 provides the following information on the police force in Pakistan. For more details refer directly to the report which is included as Attachment 22:

Police have primary internal security responsibilities, although paramilitary forces, such as the Rangers and the Frontier Constabulary, provide support in areas where law and order problems are acute. Provincial governments control police and the paramilitary forces when they assist in law and order operations. During some religious holidays, the regular army was deployed in sensitive areas to help maintain public order. The civilian authorities maintained control of the security forces; however, there were instances when local police acted independently of government authority. Some members of the security forces committed numerous serious human rights abuses.

…The Government's human rights record remained poor; although there were some improvements in several areas, serious problems remained. …Local police used excessive force and committed or failed to prevent extrajudicial killings. Sectarian killings continued to be a problem. Police abused and raped citizens. Prison conditions remained extremely poor, and police arbitrarily arrested and detained citizens (US Department of State 2005, Country Reports on Human Rights Practices – Pakistan, 28 February – Attachment 22).

List of Sources Consulted

Internet Sources: Government Information & Reports Immigration & Refugee Board of Canada http://www.irb.gc.ca/ UK Home Office http://www.homeoffice.gov.uk US Department of State http://www.homeoffice.gov.uk United Nations (UN) UNHCR http://www.unhchr.ch/ Non-Government Organisations Amnesty International http://www.amnesty.org/ Human Rights Watch http://www.hrw.org/ International Crisis Group http://www.crisisweb.org/ International News & Politics Dawn http://www.dawn.com/2005/11/23/index.htm Jang http://www.jang.com.pk/ Newsline http://www.newsline.com.pk/index.htm South Asia Terrorism Portal http://www.satp.org/ South Asia Tribune http://www.satribune.com/archives.htm Search Engines Google http://www.google.com.au/

Databases: Public FACTIVA Reuters Business Briefing DIMIA BACIS Country Information REFINFO IRBDC Research Responses (Canada) RRT ISYS RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Country Reports on Human Rights Practices. RRT Library FIRST RRT Library Catalogue

List of Attachments

1. ‘Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (Movement for the Enforcement of Islamic Laws)’ 2001, South Asia Terrorism Portal website. (http://www.satp.org/satporgtp/countries/pakistan/terroristoutfits/TNSM.htm - Accessed 7 April 2004)

2. US Department of State 2003, International Religious Freedom Report 2003 – Pakistan, 18 December.

3. Lakshman, Kanchan 2003, ‘Sectarian Terror in Quetta’, South Asia Intelligence Review: Weekly Assessments & Briefings, Volume 1, Number 51, 7 July, South Asia Terrorism Portal website. http://www.satp.org/satporgtp/sair/Archives/1_51.htm - Accessed 8 February 2005

4. ‘MINGORA: Banned outfit regroups’ 2003, Dawn, 4 August. (http://www.dawn.com/2003/08/04/nat25.htm – Accessed 22 November 2005)

5. Immigration and Refugee Board of Canada 2004, PAK43133.E – Pakistan: The effectiveness of the government ban on extremist groups (January 2002 – November 2004), 19 November. (http://www.irb.gc.ca/cgi- bin/foliocgi.exe/refinfo_e/query=?realquerydlg – Accessed 22 November 2005)

6. Hazrat Bacha, Ali 2004, ‘MINGORA: Banned religious outfits change mode of operation’, Dawn, 12 December. (http://www.dawn.com/2004/12/12/local24.htm – Accessed 21 November 2005)

7. International Crisis Group 2005, The State of Sectarianism in Pakistan, 18 April.

8. ‘Defunct TNSM acting chief wants peace’ 2005, Jang, 11 May. (http://www.jang.com.pk/thenews/may2005-daily/11-05-2005/national/n3.htm – Accessed 22 November 2005)

9. Mir, Amir 2005, ‘Musharraf Fails to Control Sectarian Monster Haunting the Country’, South Asia Tribune, 7 June. (http://www.satribune.com/archives/200506/P1_mir.htm – Accessed 21 November 2005)

10. ‘Jihadis contesting local bodies’ elections, indicates report’ 2005, Detail of Terrorism Update – Pakistan, South Asia Terrorism Portal website, 12 August. (http://www.satp.org/satporgtp/detailed_news.asp?date1=8/12/2005 – Accessed 23 November 2005)

11. Khan, Iftikhar 2005, ‘12 activists of TNSM held in Swat, Buner’, Jang, 2 September. (http://www.jang.com.pk/thenews/sep2005-daily/02-09-2005/national/n4.htm – Accessed 21 November 2005)

12. ‘Detention of 8 TNSM men declared illegal’ 2005, Dawn, 6 October. (http://www.dawn.com/2005/10/06/nat41.htm – Accessed 21 November 2005)

13. Ullah Khan, Anwar 2005, ‘Two held in Bajaur Agency crackdown’, The Nation, 2 February. (http://nation.com.pk/daily/feb-2005/2/index16.php – Accessed 21 November 2005)

14. Anis, Muhamma 2005, ‘Pakistan captures al-Qaeda No 3’, Jang, 5 May. (http://www.jang.com.pk/thenews/may2005-daily/05-05-2005/main/main1.htm – Accessed 23 November 2005)

15. ‘Hunt intensified; 200 held: Prominent SSP leader arrested in Khairpur’ 2005, Dawn, 21 July. (http://www.dawn.com/2005/07/21/top2.htm – Accessed 21 November 2005)

16. ‘Banned group’s activist held’ 2005, Dawn, 21 August. (http://www.dawn.com/2005/08/21/nat45.htm – Accessed 21 December 2005)

17. Immigration and Refugee Board of Canada 1995, PAK22556.E – Pakistan: Information on the religious movement called the Tahreek Nafaz Shariat Muhammadi (TNSM) from 1993 to the present, 19 December. (http://www.irb.gc.ca/cgi- bin/foliocgi.exe/refinfo_e/query=?realquerydlg – Accessed 23 November 2005)

18. Immigration and Refugee Board of Canada 2000, PAK35733.E – Pakistan : Tehrik-I- Nifas-e-Shariat (TNS) in the North West Frontier Province (NWFP); its leaders, its mandate, the activities of its members and other names the TNS may be known by; whether the TNS is also known as the Tehrik/Tanzim Nifaz Shariat Muhammadi (TNSM), 7 December. (http://www.irb.gc.ca/cgi-bin/foliocgi.exe/refinfo_e/query=?realquerydlg – Accessed 23 November 2005)

19. Amnesty International 2002, Pakistan – Insufficient Protection of Women, 17 April, ASA 33/006/200. (http://web.amnesty.org/library/index/engASA330062002?OpenDocument – Accessed 23 November 2005)

20. International Crisis Group 2004, Pakistan: Reforming the Education Sector, 7 October.

21. Khan, Behroz 2004, ‘Defunct TNSM activist holds villagers hostage’, Jang, 18 October. (http://www.jang.com.pk/thenews/oct2004-daily/18-10-2004/main/main10.htm – Accessed 22 November 2005)

22. US Department of State 2005, Country Reports on Human Rights Practices – Pakistan, 28 February.