WHAT IS CDD ?

The Center for Democratic Development (CCD) is an initiative of the Human Rights Commission of Pakistan (HRCP). HRCP is a membership-based non-governmental organization that has been working for the promotion of human rights across Pakistan since 1986.

ITS FUNCTIONS

The CDD is one of the several projects designed to advance the HRCP mission, which is to promote the cause of human rights in Pakistan. The Center's main function is to make the discourse in the parliament more people-oriented. It acts as a platform to bring parliamentarians and civil society organizations together to discuss human rights issues, which are of concerns to HRCP and other human rights activists. The ultimate objective is to influence legislators and policy makers to protect human rights of all citizens of Pakistan. It also acts as a hotline where parliamentarians can ask the Center to provide information on any human rights issue.

ITS WAY OF FUNCTIONING

The Center attains its objective by adopting multiple approaches:

Networking: The team at the Center tries to develop one-to-one relation with parliamentarians from all political parties that are interested in human rights issues;

Working Groups: The Center holds regular working groups sessions on human rights issues with parliamentarians in which subject specialists from civil society organizations, INGOs, UN, and media are invited. Based on the working group proceedings, detailed recommendations for reform are forwarded to the parliamentarians who participate in the working group;

Parliament watch: The Center also monitors the proceedings of the Senate and National Assembly with specific focus on observing if human rights issues are raised in the parliament. This quarterly newsletter is also part of this monitoring process.

WHAT ELSE IT OFFERS?

The Center maintains a resource center that contains some key documents on human rights issues, especially HRCP’s own publications. The Center encourages all those interested in human rights issues to use this facility.

EDITOR’S NOTE

Democracy is a highly developed system of governance. It means debate, dissent and disagreement. Democracy does not merely mean tolerance; it means respecting others' views too. In a word, democracy means DECENCY. But this decent word is debased, degraded and devalued throughout the world, including the so-called highly developed and civilized societies.

Pakistan has directly or indirectly been ruled by the military most of the time. People's mandate has been trampled by the jackboots on a number of occasions. So, it is the military that should take responsibility for the existing mismanagement and bad governance in the country. But instead what we see is continuous allegations and mudslinging on civilian leadership.

Before the demise of the Soviet Union and the end of the Cold War, monarchs and tin-pot dictators were whole-heartedly supported, rather encouraged, throughout the world, by champions of democracy. Though the era of 1990's ushered in democratic rule in many countries, including Pakistan, the fact cannot be denied that wherever and whenever the rule of military suited the U.S., it extended its hand of support to military dictators. Same happened after 9/11. There was a time when former American President Bill Clinton refused to meet President Musharraf, because he had overthrown an elected prime minister; the same America now backed General Musharraf for doing a good job in serving its so-called war against terror. It is a shame that serious human rights violations are being perpetrated and fundamental rights of citizens are being curbed throughout the world in the name of war against terror.

Some 56 years ago Pakistan and India simultaneously got independence from the British colonial rule. On 13 October 1999, newspapers in both the countries published two dramatically opposite news items: in Pakistan a democratically elected government was booted out, while in India an elected government sworn in.

Democracy does not mean counting of heads or casting of votes. In Pakistan we have VOTE WITHOUT VOICE. Our names are enrolled on voters' list. That's all. Nothing more. Ballot boxes in rural areas (comprising 85% of total population) are allegedly filled with ballot papers collected before the election by the agents of tribal and feudal lords. The result is massive corruption and monumental mismanagement, and total breakdown of law and order.

In an effort to consolidate personal power, absolute rulers have mutilated the constitution beyond recognition, eliminating all checks and balances that are indispensable for true democracy. National wealth has been plundered right and left, drained away into secret bank accounts, and used to build palaces at home and abroad.

Few would disagree that the promises of restoration of democracy made by President Musharraf after he assumed power have not been fulfilled. The Constitution of Pakistan has been amended to suit the establishment’s goals and targets. Any voice of dissent and disagreement is crushed. Military's rule has been institutionalized permanently in the form of National Security Council (NSC). Grave violations of human rights have been on the rise in the country, and despite tall claims of the government, Pakistan is far from attaining the status of an ‘enlightened and moderate' state.

Despite all that, those who believe in the sanctity of basic human rights and are endeavoring to uphold true democracy in the country are battling against the odds. There is a dire need to work at all forums for the cause of democracy and human rights. There is an equally important need to challenge undemocratic and dictatorial mindsets and actions.

PARLIAMENTARIANS DIALOGUE – with Director Human Rights Watch, Asia Division

In a dialogue with Brad Adams, Director Human Rights Watch, Asia Division, the parliamentarians of Pakistan considered lack of democracy the main factor behind rampant human rights violations in the country.

The dialogue on 'State of Human Rights in Pakistan' was organized by the Center for Democratic Development of the Human Rights Commission of Pakistan.

The parliamentarians from various political parties attended the discussion. Members of opposition parties were of the view that most Pakistanis did not enjoy basic human rights due to frequent military interventions and that the women

and minorities were the most disadvantaged groups in the country. They criticized discriminatory laws such as the Hudood Ordinance and the Blasphemy Law, promulgated by a military ruler General Zia-ul-Haq. The parliamentarians also criticized General Musharraf for distorting the Constitution of Pakistan but not doing away with the discriminatory laws. A participant said that banishing popular political leaders was also a serious human right violation.

Members from the government parties retorted that the Legal Framework Order (LFO) was part of constitution, and that it was passed in the parliament with a two-thirds majority. They also criticized the civilian leaders for violating human rights and stated that the military rulers protected the rights of the people. However, they stressed that it was necessary for all political forces to work collectively for the strengthening of democracy in the country.

Mr. Adams said that Pakistan lacked a true democratic culture. According to him that was the main factor behind the human rights violation in the country. He stressed that parliamentarians could do a lot in making the constitution people-friendly and compatible with international human rights standards and that there was a need to review it including the LFO. About Kashmir, Mr. Adams said that Human Rights Watch had been more active in the valley than any other organization. He also said that he felt more comfortable in Pakistan than in India.

PARTICIPANTS

Ms. Ruksana Bangash, MNA
Ms. Fauzia Habib, MNA
Mr. Farhatullah Babar, Senator
Mr. Sanaullah Baloch, Senator
Ms. Mamoona Hashmi, MNA
Ms. Jamila Ahmad, MNA
Ms. Samia Raheel Qazi, MNA
Dr. Ata ur Rehman, MNA
Mr. Mushahid Hussain, Senator
Dr. Donya Aziz, MNA
Ms. Kashmala Tariq, MNA
Mr. Tariq Azeem Khan, Senator

Human Rights Watch Report released on January 1, 2004

Excerpts from Human Rights Watch report released on January 01, 2004 Pakistan remains heavily dependent on the United States for economic and military aid. The US has notably failed to press for human rights-related reform in the country, in exchange for Pakistan's support in the US-led “war on terror.” For its part, the government of Pakistan has excused its failure to uphold human rights and the rule of law by citing domestic political pressure from hard-line religious groups and militant organizations. This argument seeks to disguise a lack of political will to effect change as limited room for maneuver.

International financial institutions provide significant support to Pakistan. The Asian Development Bank in particular, has pledged US $359 million to Pakistan under the 'access to Justice Program', which seeks to improve governance and effect judicial reform. However, these are unlikely to be met without pressure on the Pakistani government to effect meaningful legal and political reforms.

Pakistan's record of ratifying principal international human rights treaties remains poor. To date, it is signatory to only five international conventions, and has signed neither the International Convent on Civil and Political Rights nor the International Convent on Economic, Social and Cultural Rights.

TEXT BOOKS - teaching of hatred

Pakistan's educational system for a long time has been criticized by the humanist and progressive segments of the society for promoting and glorifying the militant culture and being discriminatory towards religious minorities. The need of reforms in Pakistan's curricula and text books is greatly felt with the advent of the 21st Century where civil societies stress on human rights and ideals of humanism, peace and progress. With this view in vision, the Center for Democratic Development invited eminent scholar, educationist and social thinker Dr. A. H. Nayyar, to speak on the subject of text books' reforms. Dr. Nayyar has done extensive research on the subject and his efforts are largely acknowledged in the country and abroad.

Dr. Nayyar presented the report on text books' reforms, released in May 2003, to the working group, comprised of human rights activists, media personnel, and people from other walks of life. Dr. Nayyar discussed the mechanism of how policies in education were formulated with the participants of the working group. He told that he studied the contents of education in curricula. 30 educationists from various institutions contributed to the study, and subjects like English, Urdu, Social/Pakistan Studies, and Civics of classes 1-12 were taken into account. The study attempted to find out the flaws in the curriculum.

How are educational policies formulated?

By alienating non-Muslims from Pakistani nationhood: This is done by declaring that only Muslims are good Pakistanis; by typecasting Hindus as cunning, untrustworthy, treacherous; and by not highlighting, significant contribution, of non-Muslims to Pakistan.

By telling lies: Distortion of history is visible everywhere in Pakistani curricula. Distortion of recent events such as the 1965 War, disintegration of East Pakistan, hiding bitter truths, or painting events in untrue colors, is evident in History and Social Studies books. Dr. Nayyar stated that in distorting history, the textbooks became inconsistent; thereby students were forced to become inconsistent too.

By teaching hatred: Textbooks preach hatred against people of other faiths, hatred against people of other nationalities, thus making students cross the hate barrier and making them not just observers of hatred but also practitioners of hate.

By inciting violence, preaching jehad and shahadat, and by glorifying war and the military: There has been an unusual glorification of war in the textbooks, both in Islamic and Pakistani histories. There is also a great emphasis on military heroes, and there is an open, deliberate and repeated (not just casual) incitement to jehad (the holy war) and shahadat (the martyrdom).

Gender bias in textbooks: The textbooks of Pakistan are gender-biased, and they appear to be resistant to the modern ideas of women's rights.

How does subversion take place?

By alienating some segments and minorities from Pakistani nationhood;
By poisoning young minds with hatred, intolerance and bigotry;
By hiding historical truths, and instead dishing out deceptive and untruthful versions and explanations of history;
By teaching students that inconsistencies are not to be worried about, that they need not to be questioned, and critically judged on the basis of logical consistency;
By depriving the students of a high quality and meaningful education, and ability to learn skills of communication and thinking, including languages.

Dr. Nayyar also commented that all textbook boards were the same, as every board had to get approval from the curriculum wing. The curriculum became more ideological 20 years ago during General Zia's regime, said Dr. Nayyar.

What to do?

According to Dr. Nayyar, it is essential that in the curriculum and textbooks for the disciplines of Social Studies/Pakistan Studies, Urdu and English, changes be guided by the following principles:

1) Falsehoods, distortions and omissions concerning our national history needs to be replaced by accounts of events that are supported by rigorous modern scholarship;
2) Material encouraging or justifying discrimination against women, religious and ethnic minorities, and other nations, needs to be replaced with positive values of social equality, mutual respect and responsibility, justice and peace;
3) Arbitrary concepts, incoherence, inconsistency and other pedagogical problems need to be replaced by a systematic set of modern ideas about history, society and identity based on well established academic disciplines.

In order to achieve this, fundamental reforms are urgently needed in:

The Ministry of Education, the Curriculum Wing, and the Textbook Boards;
The national curriculum; and
Textbooks of key subjects.

These reforms could be best realized by using the expertise and experience of educational management of the world.
New educational materials should be developed in partnership with citizen groups and private education providers.

Most importantly:

Abolish Curriculum Wing and the Textbook Boards;
Establish a National Education Board to deliberate, in consultation with the public and educationists, on how to improve public education and take it out of the ideological straitjackets, and to submit an annual National Education Report to the Parliament.

PARTICIPANTS

Mr. Shahzad Ahmed, IUCN
Dr. A. H. Nayyar, QAU
A UNESCO Representative
Ms. Saima Anwar, The Asia Foundation
Dr. Abdullah Riar, Senator
Mr. Immad Ashraf, SCUK

TRADE UNIONS – Labour Rights and Trade Union Activities in Pakistan

The Center for Democratic Development conducted a working group discussion on the theme of 'Trade Unions' with trade unions and human rights activists, members of the parliament, civil society organizations and the media. The participants of the working group debated the current scenario of labor rights and trade union activities in the country, and came up with many significant recommendations and feedback.

Right to form Trade Unions

It was discussed in the group that though Pakistan's Constitution and International Labor Organization's (ILO) conventions supported the right to form a trade union, a large number of people, who were either government employees or associated with different organizations, were not allowed to form trade unions. It was also discussed that laborers' consent and involvement was never sought in formulating labor policies and laws. The group discussed that before independence the right of union or collective bargain existed, except for army and police personnel, but after independence this right was taken away and a clause was introduced that government employees could not become part of the labor union.

Social Security Scheme for the workers

The participants criticized government's Social Security Scheme. According to this scheme, the laborer is provided with medical aid during the season of crop, but when the crop season finishes and the worker is unemployed, he/she gets no free medical treatment despite the fact that at that time the worker needs the aid even more.

The trade union workers debated over the Workers’ Welfare Fund (WWF), which according to them was not a representative body of the workers, as they were of the belief that the government officials and authorities misused the funds. The WWF has a board that decides the monitory affairs, but according to the trade union participants, the board is not representative of the workers, and that they demand a board that is elected by the workers themselves.

Implementation of labor laws

The question of the implementation of labor laws was also brought in the discussion by the participants. The labor union activists said that there was a time when they had representation in the National and Provincial assemblies, but now their representation was restricted only to the local bodies. It was also discussed that though government announced the Labor Policy in 1969, which officially admitted the rights of the laborers, but no one took any practical step for the implementation of that Policy.

Privatization and downsizing

Government's privatization policy was also brought under attack by the group, as they said that no big change had been witnessed since the privatization of Pakistan's major industries, as 44% of industries were in the same condition as they were prior to privatization. Asian Development Bank reported that among the already privatized sectors, 34 industries were in worst condition whereas 22% industries got closed after being privatized. The group said that the privatization of these industries left a large number of people unemployed. The participants challenged the rationale behind privatizing these industries. They said the privatization of local industries must be stopped as it only increased unemployment. They also said that privatization led to the rise of child labor because when parents did not have jobs, their children were bound to enter the work field.

The group recommended that in order to overcome the menace of child labor it was necessary that government must provide proper education to children. The following recommendations came out regarding the issue of privatization:

Provision of employment to everyone;
Industries, which are in bad condition, should be provided with funds so that the machinery could be repaired;
Re-opening of closed industries;
Workers' salaries should be increased.

Unjust and inhuman working conditions

According to a survey conducted by some participants, which was shared in the working group, 17% employers in Pakistan were paid Rs.2000 per month for working eight hours per day, while 83% employers were those who worked for 10 to 12 hours everyday and got Rs.1,700 to 1,800 only. One of the participants said that his research team visited an industry and found out that women and children were working late at night, which was a violation of the law that restricted women's and children's working hours from sunrise to the sunset. The reason those women and children were working over time was that they could get compensatory leaves when they needed them.

Workers' right to justice

The participants also criticized the authorities that stopped workers from participating in strikes and advised them to follow legal process. They said that according to Industrial Relations (Amendment) Ordinance, all complaints of the workers must be preceded within seven days, and judges should give their final decision by that time, but these instructions are not being complied.

Formation of political parties

Many participants were of the opinion that workers must form political parties to realize their importance. They also believed that in order to exert a formidable pressure on political parties, it was necessary that the workers got united and deal with political parties on the basis of mutual benefits.

PARTICIPANTS

Ms. Kashmala Tariq, MNA
Mr.S anaullah Baloch, Senator
Mr. Rasheed Khalid, Journalist
Mr. Ishtiaq Ahmed Ansari, Trade Unionist
Mr. Makhdoom Khusro Bakhtyar, MNA
Mr. Abdul Rauf Mengal, MNA
Mr .M. Akram Bunda, Trade Unionist
Mr. Nasrul Haque Aziz, Trade Unionist
Mr. Gul Rehman, Chairperson APTC
Mr. Muhammad Younus
Mr. Mazhar Arif, Journalist
Mr. Nasreen Azhar, Human Rights Activist
Mr. Asim Ali, Journalist
Mr. Mohsin Qadir Janjua, Engineer

PRISON REFORMS – a state of chaos

At present, there are more than 80 thousand prisoners in Pakistan. One of the biggest problems that Pakistani jails faces today is that there are more prisoners in them than there is capacity. The capacity of prisoners in jails is only for 35,500 prisoners. Most people, and especially the government authorities, tend to trivialize the problem by calling it over-crowdedness, but the expression does not cover the extent of human misery. This was stated by Mr. I. A. Rehman, Director Human Rights Commission of Pakistan, and Mr. Rao Abid Hamid, Coordinator Penal Reforms (HRCP), in a working group discussion on 'Prison Reforms '. The discussion was attended by a large number of human rights activists, parliamentarians and media personnel.

A major issue in Pakistan was a majority of prisoners were under trial without being convicted for a crime. The confinement of under-trials in prisons is the main cause of overcrowding, and gradually the proportion of under-trials to convicts is rising. It was stated that the rate of conviction of prisoners in Pakistan had never been more than 25%. It stayed between 18%-20%.

One of the participants said that in Shekhupura Jail people slept in shifts. There is not enough space for people to even lie down, so till midnight half of them wait for their turn. A very critical issue was also brought under discussion that the ratio of death sentences had been increasing in the country. Every year at least 550 people are awarded death sentence. In the year 2000, 40 prisoners were hanged; in 2001, 50; in 2002, 20; and in 2003, 180 prisoners were sentenced to death. “Only 15 to 18 of these were executed each year, while others would rot in closed walls for ten to twelve years before their sentences were carried our” said Mr. Rehman.

A participant informed that there were around 25 districts in the country but the newly formed districts did not have jails at the moment. Rao Abid told that Adiala jail has a prisoners' population of about more than thrice of its capacity. There are 5000 prisoners in Adiala jail, while it allows accommodation for only 1900 prisoners.

Discussing the condition of imprisoned foreigners, the participants said it was even worse than local prisoners, and that there was nobody to even inquire about them. It was also said that some of these prisoners comprised the most oppressed section of our society. Mr. Rao Abid said, “The treatment is more than human flesh and blood could bear. Similar is the case of the Palestinian hijackers in Adiala Jail who have been detained for over two decades, passing four to five years of extra time” he emphasized.
As far as the situation of women jails in Pakistan is concerned, there are only two women jails- one in Multan and the other in Larkana. The participants were told that according to international laws, women could not be detained under the supervision of men.

The group also recommended that there was a need to check the procedure of the visits of NGOs, the media team, and foreign delegations to prison cells. It was said that the procedure of such visits was very lengthy and civil society had no access to jails. It was significant that parliamentarians agreed that they would visit jails on a regular basis and highlight their findings in print and electronic media and in the parliament.

It was also discussed that prisoners were suffering, but some were suffering more due to 150-year old prison laws. These include the vulnerable children, women, the sick, foreigners and those on death row for whom nothing is being done by the government.

Participants of the discussion group called for prison reforms to reduce the miseries of more than 80,000 prisoners in 89 jails of the country.

PARTICIPANTS

Dr. Shahzad Waseem, Senator
Mr. Abdul Rauf Mengal, MNA
Mr. Liaquat Bangulzai, Senator
Ms. Shaheena Khan, Women Aid Trust
Ms. Mamoona Hashmi, MNA
Ms. Farzana Raja, MPA
Mr. Nayyer Bokhari, MNA
Mr. Mushahid Hussain, Senator
Mr. I.A Rehman, HRCP
Mr. Rao Abid Hamid, HRCP
Mr. Mukhtar Ali Khan, CRCP
Mr. Jamal Shahid, Journalist
Mr. Iftikhar Hussain, Journalist
Ms. Abida Aziz, AKU
Ms. Manizeh Bano, Sahil
Ms. Asma Bashir, Sahil
Mr. Saghir Bokhari, Rozan

MINORITIES – ways to undo discrimination

All minority issues are directly related to the issues of Pakistani society. The challenges that Pakistan is facing today need united efforts by all communities. When we talk about the Constitution of Pakistan and call this country an Islamic Republic of Pakistan, and at the same time we harp on the so-called equality of all citizens, why is it so that the representation of minorities is so meager in the parliament, and they are being discriminated in all spheres of life? These were expressed by the participants of a working group discussion held at CDD. It is needless to state that the human rights of the minorities are being harshly violated in the country, and the government pays no attention to the situation.

The following recommendations came out in the working group discussion on 'Minorities' Issues', organized by the Center for Democratic Development, attended by members of minority communities, civil society organizations and people from other walks of life:

Constitution

The Constitution of Pakistan discriminates the rights of citizens on the basis of religious differences. The State needs a constitution that can accommodate the rights of its citizens on equal basis, otherwise it would increase the already existing discrimination in the society.

Zakat and Ushar ordinance

The Constitution of Pakistan has a separate taxation policy for minorities. This needs to be changed immediately, as prior to 1973's Constitution, the country had a taxation system that was quite effective for all communities of the society. An omission was formed in this regard and an inquiry was set up under the supervision of Justice Aslam Nasir Zahid. He too proposed that this ordinance should be repealed. This law is affecting both minorities and majorities. If a law is not in favor of some segments, it implies that it won't do any good for the country.

Substantive Law

It is also known as the Law of Evidence. This law is not only against the minorities; it equally affects women. There is a great need to introduce reforms in this law.

Blasphemy Law

For the last few years, the prevailing trend in the country has been that the blasphemy cases that are registered against religious minorities are reported less in number than those against the Muslim community. The reality is that Pakistan's Constitution is not drafted properly, and Blasphemy Law is one such law that harms all sections of the society.

The Blasphemy Law was formulated in 1986, and a death sentence recommended by the Shariat Court was for one who committed blasphemy. The law is a violation of fundamental human rights.

Education Policy

Our education system is highly prejudiced against the non-Muslims and projects a negative image of religious minorities among children. Without making proper amendments in the curricula, one cannot expect to have a tolerant, peaceful, and progressive country.

Federal Shariat Court

The Federal Shariat Court should be abolished, as it is not in the favor of the minorities. The Shariat Court of Pakistan has an authority to label any law un-Islamic and to dismiss it altogether. Moreover, it can also propose the Government of Pakistan to dismiss any law, or that the application of law should be prevented.

Job opportunities

The authorities in the country show great discrimination while appointing the employees. Even the best candidate from a minority gets a second place when it comes to getting a job. The minorities' rights are not protected on judicial as well as on educational level. After 1965, no Christian representative got appointed as a judge in the court, and even if someone reaches that position, he/she is replaced on the basis of religion.

Christian Family Laws

Lately, many changes have been made in Christian Family Laws in Europe and America. In Pakistan the changes can be made if the prevailing laws support the rights of the minorities, and this could only be done if parliamentarians, the church representatives, and concerned civil society members sit together and discuss it. An independent commission for minorities should be constituted so that people can give their recommendations, and suggestions can be made to improve the law.

Equality of all people

The Constitution says that 'slavery is non-existent in Pakistan'. At least 6 million minority people are laborers and slaves in the country. Pakistan was not formed in the name of Islam; it was founded for the progress of humanity. Its name was not Islamic Republic of Pakistan before 1973; its name was only Pakistan where people of all religions were provided equal chances for the freedom of expression, where they could preach and profess their religions without any fear and discrimination. Pakistan should remain a democratic state and the constitutional amendments that were made by General Zia-ul-Haq should be repealed.

There is a clause in Pakistan's Constitution that no discrimination would be made on the basis of sex, religion, and language, and that all people would be treated equally. Laws, which are in conflict with the uniformity and traditional values, should be aborted. The most responsible and strategic way is to make the state more acceptable on all international levels. The ministries, while formulating laws, must make sure that all those laws that are discriminatory against minorities and in violation of international human rights standards must be repealed.

Participants were of the view that there was a dire need to have a progressive and reformed constitution where minorities enjoy full rights and protection as equal citizens.

PARTICIPANTS

Mr. Peter Jacob, NCJP
Mr. Mani, NCJP
Mr. Shamim Ahmed
Mr. Abdul Rauf Mengal, MNA
Mr. Gyanchand Singh, MNA
Mr. M Alamgir
Mr. Suresh Kumar
Mr. Ramesh Lal, MNA
Mr. Saghir, Rozan
Mr. Shehryar Shergill, CLAAS
Mr. Naseem Ahmed, NIPS, QAU
Mr. Tanveer Ahmed Shakir
Mr. M Joseph Francis
Ms. Sunita Cornelius
Mr. Sanaullah Baloch, Senator
Dr. Ahmed Nawaz Hakro, QAU
Ms. Stella Samson
Ms. Raabya Amjad
Ms. Anisa Zeb Tahirkheli, Senator
Bibi Yasmeen Shah, Senator
Mr. Mazhar Arif,
Mr. Saleem Ch, Journalist
Mr. Umer Cheema, Journalist
Mr. Waheed Sh, Journalist
Mr. Fida Muhammad, Journalist
Mr. Roshan Khursheed Barucha, Senator

POLICE ORDER 2002 – flaws in the old police system

Dr. Z. U. Khan, Head of Law Enforcement and Criminal Justice, Government of Pakistan, discussed at length the much-hyped and much-awaited Police Order-2002, and spoke about the evils and flaws in the present police system of the country, in a working group discussion at CDD. Dr. Khan presented the background of the Police Order-2002 to the participants of the group. He shared his view on the circumstances that led to the formulation of the Police-Order.

Dr. Khan said that Pakistan continued with the old police system inherited by the colonial masters without any substantial change, and that that outdated and outmoded system proved to be a complete failure to fulfill the demands of modern times. Dr. Khan emphasized that due to economic and social change in Pakistan, the concept to maintain law and order had also changed. He further stated that growing economic activity had created the pressure to change the nature of police on one hand, and the political interference of irresponsible politicians on the other.

Discussing the common perception of Pakistani police, Dr. Khan said that it was a common belief that Pakistani police was inefficient, irresponsible, unhelpful, corrupt, barbaric, and one that disregarded the ordinary people. He commented that he was not sure whether it was a true perception or not. He said that some people, including him, would say that it was a false idea, but if the majority thought that way then it should be debated. Dr. Khan said that Pakistan required a police organization, which was professionally efficient, politically neutral, non-authoritarian, well-trained, responsible and accountable to people.

Dr. Khan also pointed out that lack of involvement of civil society in policing, and check of civil society in the form of strategy institutions were cited as basic reasons for police mismanagement and lack of public accountability.

Explaining the Police Order 2002, Dr. Khan said it promised to reconstruct and regulate the police force to make it professional, service-oriented, and accountable to people. It redefines the police role, duty and responsibilities and gives new meaning to the maintenance of public order, prevention and reduction of crime. More than half of the law deals with the working of new institutions, designed to provide an effective mechanism to protect public interest, insurance, transparency and neutrality of police role, told Dr. Khan.

Answering the question of the working group participants, which included experts on police and civil society members, regarding the implementation of the Order, which was due in September 2003, he replied that Police Order-2002 was promulgated on 14th August 2002. He said that as far as the law was concerned it was implemented on that particular day and today police, except Islamabad Police and police force in some northern areas, the Police-Order was applicable. He said though the Police-Order was not implemented fully, it was applicable in bits and pieces.

Answering a question about the participation of women in police department, Dr. Khan said the government had decided to make sure the participation of women, not only in the police, parliament but also in other government departments.

A question was asked by one of the participants that the Police Order could not be implemented for the last three years because the government did not consult the people regarding this law, and that it was the major reason of its failure. Dr. Khan defended that Pakistani nation was completely consulted on the issue, through Internet, through bar and law associations' agreements, and through newspapers. He said opinions were taken from educated people and intellectuals, journalists wrote articles, NGOs were consulted, and a 1/3rd of the entire law was changed after getting those consultations. He stated that parliament could not be consulted at that time as it was not in existence.

The participants of the group raised their doubts that after implementation of police order, the police force would be peoples friendly or that it will continue torture to extract confession or money or to humiliate suspects. Participants also emphasized that police should be provided human rights training and gender sensitization.

PARTICIPANTS

Ms. Saadia Bokhari, Council member HRCP
Mr. G.M. Chaudhry, Ministry of Law & Justice and Human Rights
Mr. Saghir Bukhari, Rozan
Mr. Z.U. Khan, Head Law Enforcement and Criminal Justice
Mr. Saqib Sharif
Mr. Sanaullah Baloch, Senator
Mr. Michael Semple, British High Commission
Mr. Naseem Ahmed, Student
Dr. Ahmed Nawaz, Quaid e Azam University
Mr. Wasim Wagha, Aurat Foundation
Ms. Shaista Sukhera, Journalist
Mr. Abubakar, Journalist

OPEN LETTER TO PARLIAMENTARIANS

Dear Senators/ MNAs,

Sub: Take human rights seriously!

You must be aware more than anyone that the human rights situation for a large number of people in Pakistan is persistently grim. For many years now, successive governments have abused public office and subverted the rule of law for political and financial gain. During this time human rights have been habitually ignored and systematically violated. Torture, honor killings and gang rapes are widespread. Extra-judicial executions, excessive use of force, death in custody, large-scale arbitrary arrest and detention are a routine. Vulnerable groups, such as women, children and minorities continue to suffer human rights abuses, carried out by state officials or with their complicity.

Now Pakistan is 56 years old. You should seriously consider why human rights in Pakistan are in such a poor state, and more importantly fulfill your duty for a better human rights future for the people of Pakistan.

We think you can make an enormous contribution in terms of raising human rights issues in senate and national assembly. Many people in Pakistan are not aware of their rights given to them under Pakistan’s and international law. This means that they are less able to challenge those in position of power who violate their rights. In contributing to human rights protection, your concerted efforts for constitutional reforms would place human rights higher up on government’s agenda. We hope with your efforts rule of law will be restored, torture will be stopped, prison reforms will take place, minorities and vulnerable groups rights will be protected, and freedom of expression will be guaranteed.

This letter contains some recommendations for reforms of the legal and constitutional framework for human rights protection, and we hope you will take up following recommendations in the senate and national assembly with sincerity and determination:

All safeguards that exist in Pakistani law for the protection of human rights must be adhered to all the time by all agents of the state; Controversial legislation in the name of religion needs to by reviewed; Abolition of death penalty must be addressed; Where existing legal safeguards fall below international conventions, they should be made in compliance to international laws;

Blasphemy law, Hudood laws and the Zina Ordinance should be repealed/ amended;
Parallel justice system (jirga) should be eliminated;
The provisions contained in international human rights instruments that Pakistan has ratified (such as the
CEDAW, CRC and ILO) must be implemented fully and speedily;
Ratify international treaties beginning with International Covenant on Civil and Political Rights, and its first Optional
Protocol, and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

We hope you will respond to above concerns and recommendations.

Yours sincerely,

Editor
CDD Newsletter

CHAIRPERSONS OF NA STANDING COMMITTEES

Communication Muhammad Ali Malkani PML (Q)

Culture, Sports,
Tourism & Youth Affairs Rai Azizullah Khan PML (Q)

Environment Ms. Farzana Ahmed Sarfraz PML (Q)

Scientific & Technological Rehman Naseer Chaudhary PML (Q)
Research

Water & Power Sardar Saleem Jan Khan National Mazari Alliance

Railway Sardar Tufail Ahmed Khan PML (Q)

Commerce Iqbal M. Ali Khan MQM

Production Malik Niaz Ahmad Jakhar PPPP-Patriot

Kashmir Affairs and Pir Muhammad Aslam Bodla PPPP-Patriot
Northern Areas

Economics Affairs Rasheed Akbar Khan PML (Q)

Planning & Development Sardar Bhaduer Ahmed Khan PML (Q)
Sihar

Interior Sardar Talib Hassan Nakai PML (Q)

Privatization Syed Muhammad Asghar PML (Q)
Shah

Petroleum Ali Nawaz Khan Mahar PML (Q)
& Natural Resources

Government Assurance Khuda Buksh Nizamani PML (F)

Cabinet Secretariat Ahmad Raza Manika PML (J)

Health Dr. Hajra Tariq Aziz PML (Q)

Law Justice & Human Rights Rai Mansab Ali Khan PML (Q)

SOME KEY POINTS IN HUMAN HISTORY

1215 Magna Carta (England)

1688 Bill of Rights (Britain)

1776 Declaration of Independence (USA)

1789 Declaration of the Rights of Man and Citizen (France)

1833 Abolition of Slavery (Britain)

1864 First Geneva Convention (treatment of war-wounded and founding of the International Red Cross)

1899 Hague Convention (limiting weapons that can be used in war)
and
1907

1923 Declaration of Geneva

After 1945

1948 Universal Declaration of Human Rights (UDHR)

1948 American Declaration of the Rights and Duties o man

1950 European Convention on Human Rights and Fundamental Freedoms

1951 Convention Relating to the Statute of Refugees

1961 European Social Charter (under the Council of Europe)

1966 International Convent on Economic, Social and Cultural Rights
International Convent on Civil and Political Rights
International Convent on the Elimination of All Forms of Racial Discrimination

1969 American Convention on Human Rights (Latin America and the Caribbean)

1975 Final Act, Helsinki Accords (human rights and confidence building measures between Western and Soviet blocs and neutral countries in Europe including Turkey)

CATEGORIES OF RIGHTS

Rights can be put into three categories:

1. Civil and political rights.

These are 'liberty oriented' and include the rights to : life, liberty and security of the individual; freedom from torture and slavery; political participation; freedom of opinion, expression, thought, conscience and religion; freedom of association and assembly.
2. Economic and social rights.

These are 'security-oriented' rights, for example the rights to: work, education, a reasonable standard of living, food, shelter and health care.

3. Environmental cultural and developmental rights.

These include the right to live in an environment that is clean and protected from destruction, and right to cultural, political and economic development.

These classifications are not always clear cut however as some rights may fall into more than one category.

When we say that each person has human rights, we are also saying that each person has responsibilities to respect the human rights of others.

HUMAN RIGHTS QUESTIONS & ANSWERS

1. Which office of the United
Nations responsible for dealing with human rights questions on a daily basis?

2. What is the difference between convention and declaration?

3. Which human rights bodies can hear individual complaints of human rights?

4. Which United Nations human rights convention or treaty first set up an international monitoring system, as well as a procedure for individual complaints?
5. What are special rapporteurs and what they do?

Answers

1. The Office of the High
Commissioner for Human Rights in Geneva.

2. A convention is a legally binding treaty, coming into force upon ratification by certain number of states. A declaration is not legally binding but carries moral weight because it is adopted by the international community.

3. The Human Rights Committee that monitors the International Covenant on Civil and political Rights, the Committee on the Elimination of Racial Discrimination, and the Committee on Torture.

4. The International Convention on the Elimination of All Forms of Racial Discrimination.

5. Special Rapporteurs are experts appointed by the Commission on Human Rights. They examine, monitor and publicly report on human rights situation and compliance of States with international instruments.

SENATE SESSIONS

13- 14 February 2004

To protest against the alleged police misbehavior, journalists boycotted the Senate session. Senate chairman set up a special committee of Senators including Tariq Azeem Khan, Mushahid Hussain Sayed and Mohammad Ali Durrani, to probe into the matter. Special committee of three senators made interim recommendations that the Press Information Department (PID) set up a desk at the Parliament House reception to facilitate journalists and issue press gallery cards to them on an annual basis rather than for each session.

16 February 2004

Initiating debate on 10 identical adjournment motions moved by members of opposition on the nuclear scientists' issue, Raza Rabbani asked why Dr A.Q. Khan was granted pardon in such a haste, when, according to the Foreign Office spokesman, the investigations had not yet been completed.

18 February 2004

The government on Wednesday promised to undertake a study of the oil pricing system by a Senate standing committee when several members criticized the current fortnightly review that hit the common man by frequent increases of rates. Petroleum and Natural Resources Minister Chaudhry Noraiz Shakoor Khan assured the Senate members that their views would be accommodated for any review of the present policy. The petroleum minister said from 2001 till now, prices of petroleum products in Pakistan had increased 34 times, decreased 21 times and remained unchanged 9 times. He said a $3 billion subsidy was responsible for low oil prices in Iran while local rates in Pakistan were more than those in India and almost at same level as in other neighboring countries.
The Senate chairman announced that the debate on the president's Jan 17 speech would begin on Friday.

At one stage, the opposition senators, including those of the ARD and the MMA, staged a token walkout to protest against remarks made by the minister about the people of Balochistan. Later, the Communication Minister apologized.

The minister stated that no official from the Balochistan province was working in Grade-17 and above in his ministry as the officers had been selected an open merit policy. Mr. Sanullah Baloch said, “We reject your merit policy". He also said that Islamabad was capturing all resources of the provinces and the Balochistan people were being denied even their basic rights

20 February 2004

Senate began a debate on the address of President General Pervez Musharf, which he made to a joint sitting of parliament more than a month ago. Opposition criticized the president for his sweeping powers and formulating policies even after the establishment of a civilian government. Ruling coalition senators defended the president on the grounds of an economic recovery achieved after he seized power and for his declared policy to fight terrorism and religious extremism.

23 February 2004

The opposition raised a question of the breach of privilege against the government that it said had blocked a seminar at the parliamentary lodges in Islamabad on Sunday and later booked politicians for speaking in the open air. Interior Minister Faisal Saleh Hayat denied any breach of privilege had happened

25 February 2004

Babar Ghori of the Muttahida Qaumi Movement (MQM) defended the president, whom he called a "man of crisis" extricated Pakistan from all recent crises and put it on the path of progress.
Mr. Farhat Ullah Babar of PPPP accused the president of not mentioning a plot allotted to him in Peshawar cantonment among his assets declared by him - including plots in several places in the country - and then selling the same for Rs4.6 million against the allotment price of a little over Rs 5,000.

Raza Mohammad Raza, parliamentary leader of the Pashtunkhawa Milli Awami Party from Balochistan, called President Musharraf "a stranger" to parliament like previous three military rulers - Field Marshal Ayub Khan, General Yahya Khan, General Mohammad Zia-ul-Haq - and accused him of paralyzing rather than strengthening institutions like parliament and judiciary

27 February 2004

PML-N Senator and former finance minister Ishaq Dar told the Senate that former army chief Gen Mirza Aslam Beg had "rudely" and vainly tried in the early 1990s to persuade the then prime minister Nawaz Sharif to sell nuclear technology to Iran. However, the PML-N parliamentary leader endorsed the government's assertion that none of its institutions or any past civilian government was involved in nuclear proliferation. The opposition members, belonging to the Democratic Alliance and the MMMA, on Friday jointly staged a walkout from the Senate to protest against the "brutal murder" of two minor girls in Karachi.

29 February 2004

The government promised an impartial inquiry into Saturday's killing of 11 people in the South Waziristan Agency after opposition parties in the Senate protested against the incident and staged a walkout. Raza Mohammag Raza of the Pashtunkhawa Milli Awami Party note was different from the general opposition stand as he called for an expeditious clearance of the tribal areas from "international terrorists"

3 march 2004

Opposition in the Senate on Wednesday accused the government of bulldozing the process of forming different standing committees in the house by not taking the opposition into confidence. The opposition protested by raising the point that despite passing of one year, the formation of the house committees had yet to be finalized. Leader of the House in the Senate Wasim Sajjad, assured the opposition that the standing committees would be announced within the current session

5 March 2004

The government on Friday rejected charges that its own forces had shot most of the people killed during Tuesday's Ashura mourning procession in Quetta. Mr Faisal Saleh Hayat, dismissed the US State Department report on custodial killings in Pakistan and said: "We don't need a certificate from another country."

8 March 2004

Opposition parties walked out of the Senate over the murder of Abdullah Murad Baloch the Sindh Assembly, opposition member. PPP parliamentary group leader Raza Rabbani, accused the Sindh provincial government of failing to maintain law and order

9th March 2004

The opposition senators belonging to the Democratic Alliance accused the Senate Chairman of violating the Constitution and setting aside the parliamentary traditions. PPP parliamentary leader Raza Rabbani said the chairman while taking advantage of the absence of the opposition members from the House wrapped up the debate on the President's address. Mr Rabbani said the Senate chairman, during a meeting before the session, had assured them that the interior minister would issue a policy statement on the killing of Sindh’s MPA Abdullah Murad Baloch.

10 March 2004

The government told the Senate that an inquiry report on recent killings of 13 people by troops' firing in South Waziristan tribal agency would be available in three to four days.
The last sitting of the Senate session witnessed a bombardment of points of order that overlapped main agenda items on the private members' day. The Chairman conceded that the session time should be regulated through prior understanding between the treasury and opposition members. PPP parliamentary leader Raza Rabani said that rules should be followed but leniency should be given to those members who never got a chance to express themselves during President General Pervez Musharaf's speech.

SENATE PERFORMANCE AND STANDING COMMITTEES

A meeting of parliamentarians was held to review the one-year performance of the parliament. The Senators expressed their strong dissatisfaction regarding the matter. Opposition leaders also showed their concern over the delay from the government in the appointment of the opposition leader of the House. 22 members of the Democratic Alliance had already written to the Senate Chairman that they supported Mr. Raza Rabbani for the office of the opposition leader in the Senate.

Senators were also concerned about the fact that the Standing Committees had not been formed even when the Senate is functional since March 12, 2003. The opposition leaders believed that Standing Committees were essential to the parliamentary system of government and acted as a watchdog over the performance of various government departments. Senators were of the belief that failure in constituting Standing Committees reflects government's non-seriousness towards the parliament.

Senators also expressed that according to Senate's traditions, opposition members should be appointed as chairpersons of Standing Committees.

NATIONAL ASSEMBLY SESSIONS

8 March 2004
The second session of the 12th National Assembly was adjourned for a day after adopting a condolence resolution in memory of late Mian Abdul Sittar Laleka, former Federal Minister and chief whip of PML-Q and its allied parties. Earlier, PPPP parliamentary leader Makhdoom Amin Fahim raised the issue of murder of PPPP's Sindh MPA Abdullah Murad Baloch and his driver on a point of order and sought the debate on this incident. He held the government responsible for the murder of the PPPP MPA.

9 March 2004
Component parties of ARD staged walkout shortly after the house begins accusing speaker of denying them enough time to speak above the murder of Sindh MPA belonging to the PPP. Members of the MMA also protested against the murder of MPA Abdullah Murad Baloch in Karachi as well the killings of over 40 people in Quetta and 13 near Wana in South Waziristan agency, but did not join the walk out.
The PPPP MNA from NA 196 Rahim Yar khan, who did not participate in the walk out, stood on a point of order and announced his resignation from the national assembly to protest against the party policy.

10 March 2004
The federal cabinet decided to introduce the draft National Security Council bill in the current session of the National Assembly for its consideration.

11 March 2004
Aitzaz Ahsan of the PPPP questioned how the government could present interest in the banking system under any other name. "Interest will remain interest, therefore we must abandon this hypocrisy, " he said. The secretary general of the MMA, accused the PPPP leader of trying to preach something "Un Islamic". The Finance Minister said "We can not change our banking system overnight”. The Finance Minister also informed the house that the country's textile industry was prepared to deal with the up coming WTO regime.
The opposition launched a severe criticism of military's role in politics as the National Assembly began debating President Pervez Musharaf's January speech to parliament and staged another protest walkout over the absence of a prominent colleague, Javed Hashmi, being tried for sedition. ARD chairman and PPPP president Amin Fahim accused that present setup was weakening the foundations of the country.

12 March 2004
All opposition parties, despite their .differences over Islamization, joined the MMA-led walkout to protest against a parliamentary secretary's remarks during the question hour. Opposition criticised army interference in politics on a debate on President Pervez Musharraf's January 17 address to parliament. While members of the ARD and its allies returned after a few minutes, Parliamentary Secretary Jafar Hussain denied opposition’s charge that the government was omitting verses about jihad, Christians and Jews to meet what they called US conditions for helping the country's education sector. Sheikh Rashid said “no true Muslim could renounce jihad which is a must for Muslims when the time comes”. Aitzaz Ahsan, who accused the government of mishandling the nuclear proliferation issue and endangering Pakistan's nuclear assets, proposed an inquiry into what he called the "judicial murder" of Zulfikar Ali Bhutto’s hanging after one of the former Supreme Court judges who convicted him, admitted in a TV program that the former Prime Minister was wrongly hanged.

15 March 2004
Azizullah Brohi, Sarkaruddin advocate and Sultan Ahmed Khan, MNAs of Muttahida Qaumi Movement submitted their resignations to the National Assembly secretariat.

16 March 2004
Speaker appointed a three-member committee to re-constitute the National Assembly standing committees. Debate on President Pervez Musharraf's January 17 address to parliament continued while opposition members criticized and the treasury benches defended his policies. Syed Naveed Qamar, Sherry Rehman, Raja Pervez Ashraf, Syed Khurshid Shah and Pir Aftab Shah Jilani said no power could cause a threat to Pakistan's nuclear programme as the whole nation and all political parties were united on the issue. Two amendments to the rules of procedure proposed by PML-Q member M.P. Bhandara to curtail a frequent recourse to raising points of order and adjournments of the house due to lack of quorum were referred by the Speaker for further consideration to a house committee, which is yet to be constituted.

17 March 2004
The National Assembly was informed that a parliamentary delegation to the U.N. General Assembly and foreign visits by the President, the Prime Minister and the Foreign Minister during the present government's tenure had cost the national exchequer Rs22.29 million. Foreign Minister Khurshid M. Kasuri said 41 parliamentarians, including cabinet ministers, had visited New York as part of an unofficial delegation to the 58th session of the General Assembly. Except MMA, members of different political parties were part of the delegation, including 22 from the PML-Q, eight from the PPP-Patriots, one from the PPP, two from PPP-Sherpao, three from the National Alliance, two from the MQM, one each from independents and PML-Functional. Six others were non-parliamentarians.

Interior Minister Syed Faisal Saleh Hayat on Wednesday told the National Assembly that the federal government had provided over Rs2 billion to the provinces during the last three years for the welfare of police employees, improvement in the law and order situation and the performance of police department.
Education Minister Zubaida Jalal, speaking during a heated debate, acknowledged that some changes in 'deenyat' syllabus had been made for other considerations, including a check on controversies between Sunni and Shia sects of Islam. The issue came up in a call-attention notice from MMA member Farid Ahmad Piracha, who said a grave public concern had been caused by the education ministry's constitution of a review committee on reports of two non-governmental organisations - Sustainable Development Policy Institute (SDPI) and Future Youth Group - for what he called "exclusion of the ideology of Pakistan, Quranic verses and other anti-Indian portions" from the syllabi. The Education Minister said the SDPI report was found to be biased and was rejected but she made no mention of the report from the other group. She rejected allegations that changes in the curriculum had been made to secularise the country's education under pressure from the US government and to appease India. She informed the house that in one textbook, Sura (chapter) Al Towba (repentance) of the Holy Quran had been replaced by sura Al Saff (battle array), which she said had more substance about jihad.

18 March 2004
The government told the National Assembly on Thursday that it would carry on military search operations in Fata until the region bordering Afghanistan was cleared of foreign militants refusing to surrender. Mr Faisal Saleh Hayat said, "Nobody has given them an NOC for creating lawlessness in Pakistan”.
Muttahida Qaumi Movement submitted a bill to the National Assembly Secretariat, seeking amendment to the Pakistan Citizenship Act 1951.
The National Assembly was told that government had launched a project to eliminate child labour in carpet industry. Under the programme that has been launched in collaboration with the ILO, non-formal education centers had been set up for imparting education to these children. Currently more than 9,000 such children are receiving free educational and recreational facilities in these centers. The Child Care Foundation is also running similar centers in Lahore, Sheikhupura, Attock and Karachi where over 7,000 working children are receiving free education and vocational training. The house was also told that according to national child labour survey carried out by the Federal Bureau of Statistics in 1996, total child laborers in the country was estimated to be 3.3 million. Of this, 67 per cent are in the agriculture sector and 10.74 per cent in manufacturing sector. The carpet sector is covered under manufacturing (sub-sector) textile, and it is far from fact that half million to one million children work as bonded laborers in this sector.

19 March 2004
The entire opposition in the National Assembly on Friday staged a token walkout to protest against what they called non-serious behavior of the cabinet ministers towards the question-hour session. Mahmood Khan Achakzai, pointed out that out of a total of 36 questions, the answers of 18 were deferred for next rota day, the answers of six were not replied, while four were either transferred to another ministry or their admissibility were being reconsidered.

22 March 2004
The National Assembly on Monday regretted the assassination of Hamas leader Sheikh Ahmed Yassin and passed a unanimous resolution condemning Israeli air strike. Resolution strongly supported a fair and equitable peace process in the region and efforts for the creation of a “sovereign and independent Palestine State”.

23 March 2004
During the question-hour session, Education Minister Zubaida Jalal read out a written statement that out of Rs540 million, Rs270 million was provided to the QAU while Rs279 million to the IIU during the same period. As many as 3079 students are studying in the QAU of which 1993 students are enrolled in MSc, 609 in MPhil and 477 in PhD. Similarly, the number of students studying in the IIU is 13,156, of which 3,524 are studying in BA/BSc, 2,763 in MA/MSc, 30 in MPhil, 112 in PhD and 6,727 are studying in different diploma/certificate programme. She said the federal government provided lump sum grant-in- aid to the universities, which prepared their annual budget inclusive of the government grant and income from own source staking into account their academic and research programmes.

24 March 2004
Pakistan People's Party Parliamentarians (PPPP) moved a bill in the National Assembly for elimination of gender discrimination in the country, challenging the government to prove its moderation claims and opening a row with hard line Islamic parties. The government immediately opposed the Protection and Empowerment of Women Bill, whose series of proposed measures included repeal of Hudood ordinances enforced by the late military ruler President General Zia-ul-Haq, Prime Minister's adviser on women development Neelofar Bakhtiar said she agreed with the spirit of the move. The opposition to the bill moved by nine PPPP women members for the formal introduction also came from the Muttahida Majlis-i-Amal (MMA) alliance of six Islamic parties, almost all of which supported Islamic ordinances promulgated in 1979. The private bill was formally moved by PPPP member Ms Sherry Rehman with eight other co-sponsors: Ms Ruqia Khanum Soomro, Dr Azra Fazal Pechuho, Ms Naheed Khan, Ms Nafeesa Munawar Raja, Dr Fahmida Mirza, Ms Shamshad Sattar Bachani, Ms Rukhsana Bangash and Ms Fauzia Habib. Ms Bakhtiar's opposition to the bill "for the time being" was greeted with desk-thumping cheers from the MMA members. However, the adviser later told the house that "most purposes (of the bill) are very, very good", but said there were "some problems" regarding policies and legislation for which the move had to be considered by various ministries. She said the present government was already implementing some provisions of the bill, and added: "We are in agreement with the philosophy and spirit of the bill." MMA member Farid Piracha rose just to record opposition to the bill by his alliance. The bill's sponsors particularly attacked Gen Zia's Hudood ordinances, under which, they said, many women had to suffer injustice on the allegations of Zina and evidence of two women had been equated with that of one man in legal proceedings. Ms Sherry Rehman said what was the use of these ordinances when some of their provisions such as stoning to death for Zina and amputation of hand for theft had never been implemented. The government's Status of Women Commission, whose recommendations are being examined by the government, has also demanded repeal of the Hudood ordinances. Other proposals in the bill include compulsory primary education for all children under 10 years of age, equal participation of women in all walks of life, equal pay for equal work, prohibition of violence against women and honor killings, freedom for every woman to marry a person of her choice, separate women wards in jails and at least one-third seats for women on the Council of Islamic Ideology, Planning Commission, Board of Directors of the Pakistan International Airlines, University Grants Commission and autonomous bodies. Only four of the sponsors had spoken on the bill when the house was adjourned until Thursday. But the discussion on the bill's introduction was deferred till private members' day on Tuesday.

25 March 2004
Munir Khan Orakzai, MNA from Kurram agency resented the military operation in the tribal areas and said it would only fuel the fire of armed confrontation in the area. Interior Minister Faisal Saleh Hayat told, "This operation will continue until we wipe out terrorists from there". Pukhtunkhwa Milli Awami Party chief Mehmood Khan Achakzai said the only way to save Pakistan from the present crisis was to repent what he called a policy of embracing "external wars as our own wars".

29 March 2004
Speaker, responding to continuing opposition protests, agreed to discuss in an advisory committee whether to call the arrested president of the Alliance for Restoration of Democracy, Javed Hashmi, despite his willingness to discuss the issue, members of all opposition parties staged a walkout to protest against his reluctance so far to accept their demand to order the production of Mr Hashmi, who was arrested in October and is now being tried inside Adiala Jail.
Parliamentary Secretary for Finance Division Omar Ayub, in response to a question of MQM member Kunwar Khalid Yunus, told Sindh had contributed about Rs1.085 trillion or 56.7 per cent to Pakistan's Rs1.9 trillion revenue collected during 1998-2003 but it got only Rs221.3 billion or 26.7 of the total Rs826.8 billion disbursed to the four provinces. A sum of Rs826.8 billion was disbursed among the four provinces under the National Finance Commission (NFC) from 1998-03 as against a total collection of Rs1.9 trillion through direct and indirect taxes. Out of Rs826.8 billion, Sindh was provided Rs259.9 billion during 1998 to 2003 when the total collection from Sindh was Rs1.085 trillion. Similarly, Punjab was provided Rs397.9 billion under the NFC during the same period when its contribution was Rs675.8 billion. The NWFP was provided with Rs109.6 billion when a total amount of Rs105.2 billion was collected from the province. Balochistan was given Rs97.9 billion when the federal government received a total amount of Rs46.8 billion as collection from 1998-03. Explaining the reason as to why Sindh was provided with far too less amount than the actual collections, Omar Ayub said major collections in the shape of customs and taxes came through the two major seaports of Pakistan, including Karachi Port Trust (KPT) and Port Qasim. "This competitive advantage to Sindh is only due to these sea ports from where major contribution comes," he said.

30 March 2004
National Assembly confronted moves for more rights for women and protection from customs such as honor killings. Opposition clerics appreciated a government move to dismiss honor killings. Government denied reports that a man and women had been killed on the pretext of Karo-kari at Mirpur Mathelo in Sindh and that her father had sold a girl against her wishes. Interior Minister Faisal Saleh Hayat assured the house that the government would not allow discrimination against women and promised to have an inquiry held if a case of honour killing was brought to his notice. But before his assurance, Parliamentary Secretary for Interior Sanaullah Khan Mastikhel said police in Mirpur Mathelo had informed him that no Karo-Kari incident had taken place there. Women members of ruling coalition, said such complaints were inspired by foreign-aided non-governmental organizations and that Pakistan would follow its own traditions. Pointing out that honour killing was punishable as murder under the Pakistan Penal Code's section 302. Mr Mastikhel said people were free to go to courts against any police inaction. "We have to run our country according to our own traditions rather than American or British traditions," he added.

31 March 2004
During the session members of the Muttahida Majlis-i-Amal (MMA) and Muttahida Qaumi Movement (MQM) had a verbal clash following the remarks made by Federal Minister for Communications Babar Ghouri about the role of the religious leaders during the Afghan War. It all started when PPPP’s Shagufta Jamani, while speaking on a point of order, raised the issue of Shaista Almani and demanded that the government protect the "daughter of Sindh". Responding to the PPPP MNA's point of order, Mr Ghouri, said that Shaista Almani was not a daughter of Sindh but she was a daughter of Pakistan and the government would take steps to provide her protection. At this point, one of the MMA MNA alleged that the government was giving importance to Shaista Almani case because she belonged to Karachi. He said women were being kidnapped in other parts of the country but the government was not taking any action. Mr Ghouri said the MMA member should know that Shaista Almani did not belong to Karachi. He also criticized the MMA for accusing the government of taking dictation from the United States. He said these people were earlier receiving "dollars" from the US during the Afghan War.
The Muttahida Qaumi Movement (MQM) submitted four bills to the National Assembly Secretariat seeking amendments to Hudood laws. In all these amendments, the MQM has suggested that after the word "male" the word "or female" should be inserted. These amendments seek accepting the evidence of women besides men in crimes committed under the Hudood laws.
PPPP’s Aitzaz Ahsan criticised chair's interruptions during members' speeches. He commented that the Speaker is called a Speaker but does not speak. The Speaker held Mr Ahsan's point of order valid and said, "I agree that the Speaker should not speak much".

After several speeches on the President's address from both the treasury and opposition benches, the house was adjourned.

WOMEN ELECTED ON RESERVED SEATS: NO REAL EMPOWERMENT

Though the constitutional quota for women in parliament has added to the number of seats for women in Pakistan, it is believed by many that it does not facilitate the real political involvement and empowerment of Pakistani women, and that these women legislators are powerless without real political and economic power. It is also said that women that are elected directly through their constituencies have more influence.

With no political background and economic independence, women parliamentarians elected through quota system often seek direction from their male leaders for decisions on different issues and even on matters related to their own rights. Active participation of women in parliamentary work and their empowerment will reinforce democracy and good governance. To help them realise their due status should be the objective of all human rights activists.

Gender profile of the National Assembly
Male 78% Female 22%
Actual number of women in National Assembly is 74 out of total strength of 342 MNAs.

LETTER TO THE EDITOR

Senator’s views on Civil Society and Parliamentarians

As parliamentarian and member of senate, I would like to state that parliaments are part of civil society. Unfortunately our civil society subdivided into many groups like NGOs, bar associations, media, etc. In the same manner, parliamentarians are another group of civil society. These parliamentarians also belong to any one group of civil society and member of these society groups may be the member of parliament. Therefore, their linkages already exist with different groups of civil society and they try their best to reflect and incorporate the views of different society groups, in government policies and decisions. Actually, we are in process of true democracy, and no doubt the linkages between parliamentarians and different civil society groups are not rationalized and their views are not incorporated with true spirit, so I agree that there is further need to engage with them.

Senator Mohammad Amin Dadabhoy

MEMBERSHIP DRIVE

Human Rights Commission of Pakistan (HRCP) is a membership-based organization. HRCP has always believed that an active participation of members is critical for achievement of its objectives. The HRCP Islamabad office is currently expanding its membership, and would like to encourage students, professionals, and concerned citizens from all walks of life, who are interested in human rights issues, to become HRCP members.

Becoming HRCP member does not bring any monetary gain, but it has its reward in terms of inner satisfaction achieved by working for the cause that affects every citizen of this country. The members are invited to events and are expected to take part in monthly meetings to help in designing the activities that HRCP Islamabad office and CDD undertake. Members are also eligible to contest for the Council that shapes the policy of HRCP. Membership forms can be acquired by calling on phone number 2827147 or through e-mail.

INTERNSHIP POSSIBILITIES

HRCP also has a policy of providing internship opportunities to students and fresh graduates that are interested in learning about human rights issues and are willing to contribute to HRCP activities. Being a voluntary organization, HRCP is not in a position to offer paid internship, but one can benefit from the learning opportunity by engaging in HRCP activities. This experience should be of value in one’s future career.

Those interested in availing internship opportunities are encouraged to get in touch with the CDD team. They should write to the CDD Coordinator, explaining their motive for joining human rights work and also their fields of interest. They can also personally visit CDD office after getting an appointment.

UPCOMING EVENTS

New working Groups
Bonded Labour
Freedom of Information
Torture, death in custody and extra-legal killings
Terrorism and Human Rights Norms

Follow-up working groups
Prison Reforms
Hudood Ordinance
Education

Workshops
Workshops with female parliamentarians

Dialogues
With lawyers on supremacy of the constitution
With students on human rights issues
With Islamabad/ Rawalpindi college principals to introduce Human Rights Education in their institutions.

Human Rights Education
Introduction of Human Rights Education in Secondary Schools of Islamabad/ Rawalpindi.

Monthly meetings with HRCP members

Those who are interested in above referred activities may contact CDD on phone or through email.