For more than two decades, the Human Rights Commission of Pakistan (HRCP) has assiduously collected facts on the state of citizen’s rights in the country. Through “Juhd-e-Haq,” a monthly Urdu publication, the Commission has publicised the incidents of violations of these rights. The HRCP has also conducted several in-depth studies, held workshops and seminars and put forward proposals for improving the situation. In its yearly reports on “State of Human Rights” published regularly from 1990, the organisation conducts surveys of the rule of law, enforcement of law, fundamental freedoms, democratic development, rights of the disadvantaged, and social and economic rights.
The situation of human rights in Pakistan has generally been grim. There are two sources from where threats to rights have emerged: the military establishment and backward customs, beliefs and prejudices inherited from the decadent feudal and tribal past.
The military rulers invariably look for public support to continue to remain in power. For this, they enlist the support of all the backward sections of society. In the process, they have abridged the rights of women, made laws that militate against the religious minorities and put curbs on some of the most basic rights of citizens.
Civilian governments have most of the time been struggling to complete their tenure in the face of inspired protests, shutter-down strikes and train-cum-road marches. They have had little time or appetite for reforms. The courts in past have generally sided with the establishment. Suo motu actions to enforce fundamental rights were therefore few and far in between.
The media during the period was either fully under government control or was manipulated through threats of the stoppage of advertisements which provided life blood to the newspapers. A number of newspaper owners had little sense of human rights. Some were thoroughly prejudiced against the minorities and sided with the military rulers.
Things started changing towards the end of Zia era. Despite pressure exerted by the mullah-military alliance, the anti-Zia movement brought together activists from all classes including the middle class and the working class. There was, meanwhile, a proliferation of non-government organisations which despite their several disabilities played a not insignificant role in raising the awareness about rights. Under Musharraf, the mushrooming of the private TV channels broke the government’s hold over the media.
Civil society however took take time to make its presence felt. It appeared on the centre stage during the movement for the restoration of the independent judiciary which would not have been successful if large sections of civil society had not come out in its support.
The record of human rights has been highly unsatisfactory since 1947. A glimmer of light can be seen in the latest report “State of Human Rights in 2010” The cumulative effect of a free media, independent judiciary and an element of maturity in the political parties led to a little improvement in the situation. Whatever has been promised however is too small and yet to be implemented.
Foremost among the positive things is the ratification of almost all core international human rights treaties. Two new laws have been enacted to deal with sexual harassment. The Commission of Enquiry on Missing Persons which was formed earlier in 2010 cited the intelligence agencies’ role in enforced disappearances. It was for the first time that the SC issued notices to the agencies’ heads. What is more, after demurring for days the heads of the agencies conceded in writing that they were under the SC’s jurisdiction. The 18th Amendment acknowledged three more rights, to education, information and fair trial.
Much remains still to be done. Despite the continuous pressure by the SC, there is still no clue to hundreds of persons taken away by agencies. What is more the incidence of forced disappearances has increased. Instead of keeping the disappeared persons in illegal custody the trend is now to kill them and dump their bodies on roadsides.
There is no respite to the persecution of religious minorities. Laws introduced by Zia-ul-Haq for the purpose continue to be on the statute book. Some arrested under the blasphemy law have been killed while in police custody or jail. Little progress was made in bringing to justice those involved in violence and arson while targeting an entire Christian locality in Gojra in 2009. Among the foremost targets are the Ahmadis who continue to be threatened, harassed and killed.
This has led the editors of the “State of Human Rights 2010” to the grim conclusion: “There were few positive developments in Pakistan with regard to the freedom of thought, conscience, and religion and all indications suggested that there were even worse times ahead.”
This must lead social activists, the courts, the government and the parliament to seriously ponder over how the situation can be changed. The worst democracy may be better than the best dictatorship but it cannot draw much needed public support unless it improves itself.
The writer is a former academic and a political analyst.
