Something we need to remind our agencies
Pakistan’s civil society organizations started taking note of enforced disappearances long before anyone outside Pakistan did. The HRCP prepared half a dozen in-depth reports about the issue in Balochistan under Musharraf and after him. After the restoration of the independent judiciary the SC took up petitions filed by the relatives of those picked up allegedly for connections with the militants. Early this year, the apex court turned attention to Balochistan where hundreds of activists of secular nationalist parties had been similarly deprived of their freedom. Meanwhile, a section of the media and the SCBA have also expressed strong concern over the issue. Their combined efforts have neither led to the production of all the victims nor have these succeeded in putting an end to the disappearances. They have however been useful in raising public awareness, have led to the release of a few victims, while thanks to their efforts the pace of disappearances has slowed down. The SC has summoned top administration officials and heads of civil law enforcement agencies, given them deadlines and passed strictures. The two benches set up in Quetta and Islamabad have however complained of lack of cooperation by the federal and provincial administrations as well as the FC. Despite the hurdles the apex court remains undeterred.
There was little sense in expressing displeasure over the visit of the UN Working Group on Enforced and Involuntary Disappearances (UNWGEID) particularly when it had been invited by Islamabad. Pakistan which is a member of the UN Human Rights Council and is seeking elections for the next term also is keen to project its image as a responsible member of the UN. That forced disappearances have taken place in Balochistan is an established fact irrespective of whether their number is 14,000 as claimed by some or below one hundred as conceded by Balochistan government. Depriving even a single individual of freedom in violation of law constitutes a gross violation of human rights. There is a need to take note of the Working Group’s observations.
The suggestion to undertake legislation to make forced disappearance a punishable crime is quite sensible. Many in Pakistan would agree that there is a need for dedicated institutions like parliamentary committees for the oversight and accountability of security agencies. Recommendations like changing the law under which a military suspect could not be produced in civilian courts need to be debated. There can be no two opinions regarding the position that the state has to take effective measures to prevent and terminate acts of enforced disappearance.
