PAKISTAN asian human rights commission AHRC‐SPR‐014‐2008 INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ PAKISTAN THE STATE OF HUMAN RIGHTS IN PAKISTAN ‐ 2008 Introduction ..................................................................................................................................................... 2 The dismissal of General Musharraf ................................................................................................................. 2 The lawyers’ movement ................................................................................................................................... 3 The human rights situation .............................................................................................................................. 3 1‐The right to life .......................................................................................................................................... 6 2‐ Religious freedom and minorities ............................................................................................................. 8 3‐The rights of women ............................................................................................................................... 10 4‐ Honour Killings and the Jirga .................................................................................................................. 14 5‐Disappearances and arbitrary arrest ....................................................................................................... 17 6‐Police and custodial torture ..................................................................................................................... 21 7‐Children’s rights: ..................................................................................................................................... 24 8‐ The movement for judicial independence ............................................................................................... 27 9‐Freedom of the press ............................................................................................................................... 29 10‐ Military operations ............................................................................................................................... 31 1 PAKISTAN asian human rights commission AHRC‐SPR‐014‐2008 INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ PAKISTAN INTRODUCTION The year started violently under General Musharraf’s military regime, particularly for lawyers, political workers and civil society activists. Musharraf was sworn in for a second presidential term on November 29, 2007 under emergency rule, which he then lifted on December 15, 2007. Benazir Bhutto, former prime minister and the chairperson of the then‐running Pakistan Peoples Party (PPP), was assassinated on December 27, 2007. General elections of the legislative assembly were then postponed (from January 8 until February 18) by the military regime, on the pretext of a crisis in law and order. About 80 persons were killed in riots following the assassination, mostly in crossfire between the police and citizens. The year started with widespread confusion about whether elections would be held, due to a series of delays from the Musharraf government. A wave of bomb blasts at that time also slowed political mechanisms. However the general elections were eventually held and a good turnout was recorded. The elections were also relatively free and fair thanks to pressure from political parties, civil society and from forces outside of the country. In the run up to the elections, assertive action by the people and party members prevented much engineering of the vote, despite the administration’s refusal to replace the long‐ serving chief election commissioner, who had tried and failed to deny the vote to about 380 million people. Finding results of the election very much against him, Musharraf handed power to the elected representatives two months later, after considerable bargaining with individual party members. Under the new civilian coalition government – largely built from Bhutto’s Pakistan People’s Party and Nawaz Sharif’s Pakistan Muslim League there has been much more focus on the democratic functioning of the parliament by the representatives of the people. The new government started proceedings by including all the parties in the political process, showing tolerance and restraint. Unfortunately NS pulled out of the coalition in August in disagreement over the issue of Pakistan’s deposed judges, who the PPP have not sufficiently reinstated. THE DISMISSAL OF GENERAL MUSHARRAF General Musharraf, who had awarded himself with another term after declaring a state of emergency (November 3, 2007), was democratically dismissed by the new government according to the constitution. Finding that his options were few – pressure from his allies in the army and overseas yielded little success – Musharraf resigned before being officially impeached. The strategy of the government proved a peaceful and democratic way to handle a man who was on the road to becoming a military dictator. The people of Pakistan have shown their resilient and determined struggle to oust the dictator, General (Ret.) Pervez Musharraf from the post of president. This completely non‐violent struggle of various sections of society which included lawyers, judges, the ordinary folk, the media as well as the legislators is a clear example of the development of democracies on the basis of consensus. In the recent years there was clear consensus that the people did not want a military regime but instead a democratic government. Even the support that the military dictator received from the super powers did not deter the people of Pakistan from pursuing their desire to see the end of militarism. It is a sad reflection on some democracies in developed countries that they failed to support the people in their struggle for democracy and instead supported a military general. That notwithstanding, the people have been able to push back the military agenda. 2 PAKISTAN asian human rights commission AHRC‐SPR‐014‐2008 INTERNATIONAL HUMAN RIGHTS DAY 2008 ‐ PAKISTAN THE LAWYERS’ MOVEMENT The lawyers’ movement for the independence of the judiciary has continued in spite of the new government’s illegal, unconstitutional handling of the situation. Many judges, including Chief Justice Iftekhar Choudhry, were removed from their positions under emergency rule and have yet to be reinstated. On the first anniversary of emergency rule lawyers held country‐wide protests against the suspension of the constitution. The government took the law in to its own hands, charging more than 100 lawyers with agitation and suspending the licenses of more than five office bearers in various high court bar associations, including the presidents of the Peshawar and Multan high courts bar associations. The new government is resisting its duty to reinstate Chief Justice Choudhry, claiming that the lawyer’s movement has started to take violent shape. Lawyers in various cities have locked judges inside the court rooms. The new government had pledged verbally and in writing to restore the judiciary when it came into power. It has been dragging its feet on the issue ever since, and at times appears to be backtracking. This response brings it closer to the country’s previous dictatorial government, showing a similar lack of interest in building an independent judiciary. The coalition government had first promised to restore the judiciary within 30 days of its formation, through a resolution in the national assembly, which did not happen. It then claimed that the deposed judiciary would be restored through a constitutional package; however it is now using a form of back‐door diplomacy, bargaining with the deposed judges to guarantee their ‘loyalty’. After being coerced and intimidated most judges have been ‘re‐appointed’ with a new oath rather than restored to their original constitutional position. There are five judges, including deposed Chief Justice Choudhry, who have refused to bow to pressure from the new government. The government’s new policies in this matter are hardly better than those used during colonial rule, when loyalty was prized above a respect for the constitution. The lawyers’ movement has been running since March, 2007. They observe weekly protests by marching (one march was several hundred miles long), boycotting the courts, and picketing outside parliament and Supreme Court buildings. In a number of cases the people have joined them, showing a growing awareness and respect for the rule of law and the supremacy of the judiciary in the country. The government has faced defeats in the elections of different Bar associations, including Supreme court bar association, which has put the government in difficult position to get support from lawyers. In retaliation, government started squeezing lawyers through Pakistan Bar Council and offices of law ministry and Attorney general. Licenses of presidents of Peshawar high court bar association and Multan bar association were cancelled on the pretext of boycotting the courts in protest during lawyer’s movement. More than 100 lawyers were booked on the charges of agitation on the first anniversary state of emergency on November 3. THE HUMAN RIGHTS SITUATION Since coming to power the government of Prime Minister Yousaf Raza Gilani has started to sift through the backlog of cases involving human rights violations, and it had released those arrested by Musharraf’s government during emergency