SEEKING RIGHTS UNDER THE AEGIS OFTHE UNITED NATIONS
MQM INTERNATIONAL SECRETARIAT
First Floor, Elizabeth House, 54-58 High Street , Edgware
Middlesex HA8 7EJ , United Kingdom
Phone:++(44) (0)20 8905 7300 Fax:++ (44) (0)20 8952 9282
Email: mqm@mqm.org Website: http://www.mqm.org
Introduction
The trial of Slobodan Milosevic, which many predicted could never be held, has finally begun in The Hague . Nothing startling or sensational is likely to emerge as the long list of atrocities in Croatia , Bosnia , and Kosovo is recited in court. The sickening details had become familiar day after day. There was nothing secretive about the wanton torture, rape and murder, which tore the former Yugoslavia to shreds until at last the international community decided to intervene. Yet this trial is historic, the beginning of what is intended to be a truly new era in global standards.
Experts and officials from an assortment of states are present in The Hague . They represent the real idea of globalisation"”seeking, as the United Nations Secretary General, Kofi Annan, has put it, to establish a law of the world that hold basic human rights supreme above the sovereignty of states. And they represent the idea that this law holds responsible the people who have the authority to impose gross violations, whether or not the leaders bloodied their own two hands.
We have been talking about the idea abstractly for a long time, but a new, revolutionary field is being opened. It is called International Law, but this is not just about the relations among states. It is also about how states treat their own people, which is only gradually coming to be accepted as an appropriate concern of all people everywhere, on the sole, overriding grounds of humanity. The Nuremberg and Tokyo war crimes trials were the first to introduce this as a judicial concept, establishing the categories of genocide and crimes against humanity with no statute of limitations. They were all conducted and provided an invaluable collection of facts for historical reference. But they were in victors' justice. Critics could point out that the main lesson was do not lose a war.
Now, for the first time, it is not the victim, who then became winners and earned the power to judge, who will make the decisions. It is outsiders acting not on national interest but on principle and, of the greatest importance, carefully applying the principles of due process and the rights of defence.
After unfortunate refusal to react while hundreds of thousands were being slaughtered in Rwanda , when the people of Kosovo were threatened with expulsion or extinction the international community tried to persuade Serbia that such behaviour would no longer be tolerated. Slobodan Milosevic, who had sparked the whole Yugoslav disaster to maintain his power, refused to be intimidated, so the Western powers invoked the "duty to intervene".
His trial will not deal with that issue, which Milosevic of course challenges and calls a war crime. But by soberly and objectively listing what was being done to the people not only in Serbia, Croatia or Kosovo but other parts of the world, it will explain and fortify the argument that human rights must be protected.
It is extremely discomforting, that the people in other parts of the world, have been ignored, as particularly in the case of Pakistan, particularly, in the former East Pakistan (Bangladesh) and in its Sindh and Balochistan provinces, massacres after massacres have been recorded falling within the definition of near-genocide. The Establishment and the Army of Punjab massacred millions of Bengalis in 1970-71 for suppressing the Rights Movement in the former East Pakistan . Mohajirs (immigrants from India at the time of partition) settled in the former East Pakistan, fought alongside the Pakistan Army for the sustenance of Pakistan . After the War, the Army and the Establishment of Punjab refused to even accept them as citizens of Pakistan let alone repatriate them to their homeland, Pakistan . Over 266,000 stranded Pakistanis (Mohajirs) are still languishing in 66 Red Cross Camps in Bangladesh since 1971. In 1972, during the Rights Movement in Balochistan, the army and the Establishment of Punjab massacred over 15,000 Baloch. The ruling oligarchy used fighter jets for systematic extinction of the Baloch people. Their leaders were declared traitors and many of them were arbitrarily tried and sentenced. Many had to flee the country into forcible exile. During the rule of the army dictator late General Zia-ul-Huq when the MRD (Movement for Restoration of Democracy) Movement was launched, thousands of Sindhi-speaking Sindhis (Sindhis) were massacred and even the helicopter gun-ships of the army of Punjab was mercilessly used in eliminating them as a state policy to oppress their Rights Movement.
Tale of atrocities against the Urdu-speaking Sindhis (Mohajirs) is unending. They have been systematically suffering economic, social and political genocide soon after the creation of Pakistan. A Military campaign under the pretext of the "Army Operation" was launched by the army of Punjab with the agenda of committing near-genocide and physical "Elimination" of the Urdu-speaking Sindhis (Mohajirs) on 19th. June 1992, which continues even today. This army campaign was launched to suppress the Rights Movement of the Urdu-speaking Sindhis (Mohajirs) who had assembled on a single platform of their political party, Muttahida Quami Movement (MQM) formerly known as Mohajir Quami Movement to collectively struggle for their rights which were usurped by the ruling oligarchy of Punjab on the yoke of their Military and Civil Bureaucracy.
During this campaign, over 17,000 Mohajir youths, men and women have been brutally massacred by the army and civil bureaucracy of Punjab . Thousands of Mohajir women have been raped and gang raped. Properties of hundreds of thousands of Mohajirs were looted, ransacked and set ablaze as a state policy. Hundreds of thousands Mohajir men, women and children were rendered destitute as a result of the state oppression and persecution. Dozens of MQM workers and supporters were unlawfully arrested and later "disappeared" from the custody of the State. Thousands of innocent MQM leaders, workers and supporters are still languishing in jails on false and fabricated charges. Special courts including military courts have been and were established to punish them on concocted charges. Thousands of MQM office bearers, workers, supporters and their relatives in particular and Mohajirs in general were forced to live in hiding or in exile for the fear of their life and liberty.
It is extremely saddening to see that people in Pakistan who sanctioned and played greater role in encouraging and perpetuating atrocities are still scot-free not only in Pakistan but also throughout the world. Former Prime Ministers, Mian Mohammad Nawaz Sharif, Ms. Benazir Bhutto, various Chiefs of the Army Staff, the Chiefs of the ISI (Inter-Services Intelligence Agency) and other intelligence agencies and law enforcement agencies.
Still, at a time when many people feel overwhelmed with gloom at what seem fading prospects for a peaceful, honourable world, the rigours of the Hague process show that basic human standards are also being spread. However, this spread should be across the board beyond the national and strategic interests and not to be confined to selective trials of the losing parties in any war or conflict.
If the Hague process is to win the confidence of the people of the world at large then the international community has to invoke the "duty to intervene" in other cases of genocides and near-genocides in all parts of the world including Pakistan, where the rights Movements have been suppressed through military campaigns by one majority group headed by several Slobodan Milosevic of Punjab to the detriment of the smaller nations and provinces of Pakistan, like Sindh and Balochistan.
1 - PAKISTAN
Pakistan extends along either side of the historic Indus River , following its course from the mountain valleys of the Himalayas down to the Arabian Sea . Bordering on India , China , Afghanistan and Iran , it is strategically located astride the ancient trade routes between Asia and Europe . Pakistan 's 796,095 square kilometres of territory include a wide variety of landscapes, from arid deserts to lush, green valleys to stark mountain peaks.
Geographically, Pakistan can be divided into three regions: the lowlands along the Indus in the south and east, the arid plateau of Balochistan in the southwest, and the mountains of the north. The provinces of Punjab and Sindh, in the east and south, are well irrigated by the Indus and its tributaries. The land is fertile and produces most of Pakistan 's food. This area, which includes the cities of Karachi , Islamabad (the capital), Lahore and Rawalpindi , is the most densely populated in the country.
The southwestern province of Balochistan covers almost half Pakistan 's territory. The land consists of a stony plateau, sparsely populated and very dry. Outside of the provincial capital of Quetta , travel in Balochistan is extremely restricted.
Pakistan's mountainous north contains the second tallest peak on Earth, K2 (28,250 ft., 8611 m), and over 300 glaciers. Three great mountain ranges stretch across this part of the country: the Himalayas, the Karakorams and the Hindu Kush . The region's topography is constantly changing, as frequent earthquakes help the mountains grow at the remarkable rate of 7 mm (1/4 inch) a year.
1.1 - History and People
Pakistan as a country is relatively new and disparate in region with historical archaic feudal and tribal rule. However, the Indus River region is known as a cradle of civilization. Archaeologists have found fossils of Homo sapiens in the area, which date back 50,000 years. An urban society known as the Indus Civilization developed around 3,000 BC and flourished for a period of about fifteen hundred years. One of the reasons for the rise and the prosperity of the Indus Civilization was its situation right along a natural trade route between central Asia and the Indian subcontinent. While this position encouraged the rise of an urban trading society, it also encouraged wave after wave of invasions.
Pakistan's population of 140 million is one of the fastest growing in Asia . The largest ethno-linguistic, cultural and national groups are the Punjabis, which constitute nearly 56 percent of the total population of Pakistan . Ninety (90) per cent of the Pakistan armed forces comprises of the people of Punjab and 80 per cent of the civil bureaucracy. The second largest ethnic groups are the Mohajirs (Urdu Speaking Sindhis), who dominated political and business life in India during the Mughal rule and even during the British Raj. They migrated to Pakistan in their teeming millions and number over 30 million in Pakistan while in Sindh province alone, their population accounts for over 52 per cent of the total population of the province. After the creation of Pakistan equipped with education, commercial skills, aesthetic values and free from archaic feudal and tribal system and values, Mohajirs set about creating the economic, social and political structure for their homeland, Pakistan . However, they were treated as second class citizens from the very day of the creation of Pakistan but after Pakistan was fully constructed, the army, ISI (Inter-Services Intelligence Agency) and the Establishment of Punjab marginalized Mohajirs to a non-entity in all spheres of life in Pakistan . The third largest ethno-linguistic, cultural and national groups are the Sindhis (Sindhi-speaking Sindhis) Sindh has been historically and culturally chained to a very strong feudal and tribal system that has been averse to education and progress. In Sindh, the Sindhis elites and feudal landed aristocrats are invariably educated, some of them even from Western Universities like Oxford , Cambridge and Harvard. They can be classified as the ruling elite while the public in general has no right to education and therefore, Sindhis lacked the kind of middle class the Mohajirs enjoys having predominantly urban background, historically and culturally. The Pashtuns, who work mainly as herders and farmers but their representation in the armed forces of Pakistan and share in civil bureaucracy is more in commensurate to their population ratio. The Balochistan is the largest province of Pakistan in area while thinnest in the population. The ruling elite in Balochistan is tribal but reasonably progressive in its thoughts and programmes. Balochistan has large deposits of oil, gas and mineral resources, over ground and also under the sea. The Punjabi Establishment has colonized Balochistan and an active guerrilla war is being fought for its independence. The largest deposit of natural gas in Pakistan is in Sui, Balochistan that is under the occupation of the Establishment and the army of Punjab . The northern areas are home to many distinct ethnic groups, whose eclectic heritage is the result of intermarriage between local peoples and invaders from elsewhere. The official language of Pakistan is Urdu, and English is used extensively in business.
1.2 - Pakistan 's Economic Crisis: Key Elements
Pakistan's economic woes fall broadly into three categories. The first category of problems involves the financial performance of the governments especially in the international sector.
Government finances had hollowed out even before the present military government seized power. Tax collections had fallen to 16.6% of the GDP in 2000, with actual collection less than half of what it should have been on paper. The fiscal deficit had risen to 6.4% of GDP in 2000. This situation has in fact, worsened during the present military government despite its tall claims of increasing the tax-net.
The in-coming governments inherit heavy international debt and it superimposes on it further unsustainable level of short-term official borrowings. Standard & Poors assesses net official indebtedness at 120% of GDP and net public external debt at 230% of exports. This makes Pakistan "the most externally over-leveraged sovereign rated by S&P".
Not surprisingly, investments plummeted through the combined effects of these financial problems and broader problems of governance. Foreign investment dropped by 73 per cent between the second half of 1999 and the second half of 2000. The Gross domestic investment also fell to 15.6% of GDP in the second half of 1999. The situation has not improved even during the rule of the present military regime.
Unemployment has reached crisis proportions, even among urban, educated youth "“ those who should have the easiest time finding jobs.
The second category of problems involve social infrastructure, especially in the rural areas.
Decades of catastrophic under-investment in health, education and other basic needs of the growing population have left Pakistan with poverty level variously estimated at 33-40 per cent of the population and literacy levels and health statistics among the lowest in Asia . UNDP estimates of health expenditures in Pakistan were 0.9 per cent of GDP in 1998, and education expenditure came to 2.7 per cent in the same year. Primary school enrolment is about 60 per cent, and under 50 per cent for girls. Social indicators are dismal and well below those of other countries with comparable per-capita income levels.
Mechanisms for delivering social services have all but vanished in large parts of the country. To some extent, private organisations filled the vacuum, but this meant that the only educational resources in many areas were religious schools, Madrassas, that had a militant agenda threatening both the state and to regional peace. This lack of institutions also makes it difficult to move quickly to reinstate social investments.
Aggravating these problems was a drought on a scale not seen for the past hundred years, particularly in Sindh and Balochistan provinces, which was devastating for a country where 70 per cent of the people depend on agriculture for their livelihood.
The third category of economic ills stems from problems of governance.
The machinery of law and order function badly in large parts of the country, and mistrust of the police, which is largely from Punjab province is so deep as to make it extremely difficult to reverse this trend. The predictable result is profound cynicism.
The institutions responsible for administration of the formal economy and for providing government services around the country are in crisis. No civil servant currently receives a salary that will support a middle-class lifestyle, and many do not receive a living wage. Institutions once considered model of their type (the Water and Power Development Authority, for example) are insolvent. Source: Courtesy of CSIS (Centre for Strategic & International Studies)
Pakistan's internal problems are a complex blend of political, economic and social issues, much aggravated by historically difficult relations between the majoritarian rule of Punjab province and its occupation over Sindh and Balochistan provinces and relations between Pakistan and two of its neighbours. Transformation of Pakistan 's economy or solution of Kashmir issue will not suffice to address the country's full range of problems. Along with the Kashmir issue, the issues of Sindh and Balochistan needs to be addressed and without it, the country cannot hope to resolve its present difficulties despite the U S A and Western Governments economic aid and political support to the present military regime and General Pervez Musharraf, The President of Pakistan.
2 - SINDH PROVINCE
A Colony of the Establishment of Punjab
2.1 - The Establishment of Punjab : Deprives Sindh of Water
Sindh Province in Pakistan faces a severe water shortage due to miss-allocation of the Indus River 's water resources. Pakistan 's Water and Power Development Authority has reduced the share of water due to Sindh Province under the 1991 Water Accord as punishment for its opposition to a proposed hydroelectric dam that will siphon water from the Indus River to power Punjab Province . The people of Sindh depend on the Indus River for their economic livelihood and the basic human right of freshwater as dictated by the World Health Organization. Mis-allocation of the river water to Punjab in the spring of 1999, coupled with a lack of early spring rainfall in northern areas of Pakistan , has caused a water shortage in Sindh that will amount to an estimated $5.4 million loss in the province's agriculture sector. Due to a lack of water, the cotton crop will be reduced from 1.5 million acres to 0.9 million. Rice and sugar plantations await irrigation water that may never come. The 10 million head of cattle that reside on the river's banks will be impacted by liver fluke and roundworm disease, resulting in a 20-30 percent production loss. Outside of the agriculture sector, it is estimated that the water shortage will cause major outbreaks of water borne diseases in rural and urban areas because people will be forced to drink water from contaminated ponds.
The proposed Kalabagh Dam would generate 3,600 megawatts of hydroelectric power benefiting Punjab Province , provide irrigation water for 4 million acres of land, primarily located in Punjab , and employ 3,500 people. The people of Sindh Province object to the dam on several counts. It will consume much of the Indus River 's water intended for Sindh under the 1991 Water Accord. It will also lower the out flow of water to the sea, resulting in erosion and degradation of the delta. It will deteriorate the quality of the remaining water in the river, adversely impacting fisheries and the availability of fresh drinking water.
The Sindh Water Conference, held in July 1999 Pakistan 's agricultural capital of Hyderabad , took stock of water disputes and agreements between Sindh and Punjab provinces from the British colonial era to the 1991 Water Accord. The conference drew 385 people from all over Sindh. Representatives attended from the IUCN-World Conservation Union, Sindh Chamber of Agriculture , Pakistan Network of Rivers, Dams & People (PNRDP), Society for the Conservation and Protection of Environment, Sindh Rural Support Program, Makhi Welfare Organisation, Mehran Welfare Organization, Progressive Fishermen's Organisation, Sindh Peasant's Movement and Tail-end Farmers Association. Conference participants voiced concern that after dissolving the Indus River System Authority, the Water and Power Development Authority (WAPDA) has been allowing the province of Punjab to take more water than its due share, whereas Sindh is not getting its due share of water. The conference demanded that underground fresh water resources should be calculated when water is distributed between Sindh and Punjab Provinces . The conference was of the view that the Water and Power Development Authority created water shortages during the sowing season from April to June in Sindh. Sindh has been given 30 percent less water than its due share, while Punjab province was given more than its full share of water. The conference said because of the water shortages, Sindh's cotton, rice and sugarcane crops are facing severe production losses, in some cases up to 70 percent.
Conference participants demanded that until Sindh receives its historical allocation of water, two newly created linking canals into Punjab should be closed. The conference voiced concern over big dam projects and said projects such as Kalabagh Dam and all other proposed dams planned on the River Indus should be abandoned. Participants said that work on the controversial Chotiari reservoir should be stopped until all those affected, such as fishermen and herdsmen, are compensated and fully rehabilitated. Participants said there is no need of another dam in the upstream section of the Indus River . Instead they called for decommissioning of the Tarbela Dam because of its negative impact on the environment, such as loss of biodiversity, dwindling mangrove forests vanishing fish species. Tarbela Dam situated on the Indus River , provides 2.1 million kW of power, water for irrigation and flood control benefits. The conference concluded that changing patterns of global environment and weather would cause a progressive decrease in availability of fresh water and demanded that the government line all canals and watercourses as a first priority. Agriculturists should be educated in proper land levelling and conservation of water, and farmers should be given assistance to use sprinklers or drip methods for using less water. "These methods will also help reduce water logging and salinity," the conference resolution stated. The resolution called for independent scientific study to be carried out in lower region of the Indus River as it runs through Sindh to evaluate the effect of water shortages on the forests and on the fish of the Indus Delta. The conference demanded that no additional water should be disposed off in the Left Bank Outfall Drainage channel in Sindh. The present faulty tidal link section of this drainage is a major blockage to natural draining of the Indus Basin below Kotri. Therefore alternates should be found for the tidal link, the conference said. The resolution set forth an appeal that drain water from Punjab and Balochistan provinces should not be directed into Sindh. The Right Bank Out fall Drainage (RBOD) should not be drained into Manchhar Lake , Asia 's largest fresh water reservoir, or into the River Indus. "The RBOD's present drainage in Manchar lake should immediately stopped," the conference urged. A permanent committee of experts was formed at the conference to raise these water issues in all sectors of society.
Following is the text of online petition "Protection of the Indus River System for the Survival of Tens of Millions of Sindhis") to UN Secretary General Mr Kofi Annan by the Committee Against Oppression of Sindh explaining in detail the facts behind the water crisis in Sindh and Balochistan as well as presenting valuable recommendations to permanently resolve the problem:
Dear Secretary-General,
With a length of 1,800 miles (2,900 kilometres,) the Indus River is one of the longest rivers in the world. According to the Encyclopaedia Britannica, the river's annual flow is about 2.4 trillion cubic feet -twice that of the Nile and three times that of the Tigris and Euphrates combined.
The fertile basin of the Indus River was an important centre of ancient civilization. Buried cities found here, such as, Mohenjo-daro near Karachi , are at least as old as the first pyramids of Egypt .
The Indus rises in the Kailas Mountains in Tibet , near the sources of the Brahmaputra, Sutlaj, and Ghaghara, and flows northwest for over 500 miles (800 kilometres) through Tibet and then Kashmir , between Ladakh and Zanskar mountain ranges. The main tributary of its upper course, the Shyok, joins here. Indus then turns southwest. The Kabul River from Afghanistan joins it at Attock. Then it enters the Province of Punjab in the present-day Pakistan .
Before the partition of India and Pakistan in 1947, the then Province of Punjab had control of five Indus tributaries, that is, Jhelum, Chenab, Ravi, Beas and Sutlej . These tributaries merged together at various locations to finally empty into the mighty Indus River . From Punjab, the Indus crosses the plain of the Province of Sindh, Pakistan and reaches the Arabian Sea of the Indian Ocean through a delta about 130 miles (210 kilometres) wide.
Mr. Secretary General, Punjab has been progressively increasing its illegal share in the waters of the Indus River since 1889. On complaints of Sindh, the then British Indian Government constituted various commissions, e.g., Anderson Commission, Rau Commission, etc. These commissions as well as the Sindh/Punjab inter-provincial agreement of 1945 admitted Sindh's primary right on all rivers of the Indus River System.
In 1960, the military regime surrendered, under Indus Basin Treaty, the three eastern rivers (Ravi, Beas and Sutlej) to India , along with Sindh's acknowledged share, without prior consent or compensation to Sindh. The military government also built Mangla Dam over Jhelum River and a huge hydropower Tarbela Dam over the Indus River . Several barrages and canals are built upstream causing severe social and ecological problems in the country. The Chashma-Jhelum Link Canal and the Taunsa-Panjnad Link Canals were also build to siphon-off more and more of Sindh's share from the Indus River , redirecting it to favourite areas of Punjab .
The dubious workings of the Indus River Systems Authority (IRSA) only add to the mistrust. In flagrant violation of inter-provincial agreement, the Chashma-Jhelum link canal (capacity 21000 cusecs) and Taunsa-Panjnad link canal (capacity 12000 cusecs) are kept flowing by the Punjab Irrigation Department for the last several years. These canals were only meant to flow at the time of surplus availability of water in River Indus to avoid flood in Sindh.
Moreover, according to the inter-provincial Water Accord of 1991, Sindh's share of Indus water for the month of April is 121,400 cusecs whereas only 30,275 cusecs were released in April 2000. The month of April is sowing season for Kharif (summer) crops through which Sindhi people generate most of their annual income. In sharp contrast to this, Punjab was able to achieve 2 percent increase in the area under cotton and other crops during the same period.
The people of Sindh believe that although there is less water in the Indus River System this year, due to the shortfall of rain and snow, the current water crisis is deliberately aggravated by the Punjab-led federal government to blackmail the people of Sindh to agree on the construction of the oft-rejected Kalabagh Dam.
The River Indus has been the mainspring of the five thousand year old Indus Valley Civilization. It plays a pivotal role in the shaping of the psyche of the people of Sindh, fashioning their society, culture and economic life. Sindhis affectionately call Indus as Darya Shah or The Great River. Any further damming of the Indus River will keep it dry below Sukkur for most of the year. With the projects like Kalabagh Dam it will be reduced from once a mighty river to mere expanse of shallow water. This will destabilize the psyche of the Sindhi people and will tantamount to cultural invasion and destruction of their ancient heritage.
Mr. Secretary General, while the Federal Government and Punjab continue to insist on the construction of the costly and controversial large dams on River Indus, myriad of less capital intensive and sustainable alternatives are available to ensure the increased availability of irrigation water at the agriculture farms, guaranteeing the food security, such as:
1. With better on-farm water management and lining of water carrying channels much of the sixty percent (60 MAF) of the total irrigation water, which is lost in transit, can be saved and utilized, whereas the proposed dam capacity is only 6.7 MAF. This will also prevent 100,000 acres from being waterlogged every year. Special taxes should be levied in Punjab to improve their canal system to save the precious water.
2. Promoting sustainable agriculture, organic farming and research in these fields can increase the fertility of soil resulting in increased food production per unit of the irrigation water used.
3. Without any further alteration, the Mangla dam can hold 2 MAF more water right now, and if its banks are raised 40 feet more, it can easily store more than 3 MAF of water.
4. Removing silt from the existing Tarbela dam is another feasible option. It would cost much less than projected US$ 12 -14 billion for constructing large dams and will increase its life by another 100 years. Cumulatively, these measures will increase capacity of existing dams more than what is projected after the construction of Kalabagh Dam or Basha Dam. Sindh pays 70%+ to the Federation. Punjab pays less than 13%. According to our information, over the years, significant amounts of monies have already been misappropriated by the Punjabi-led Department of Irrigation. Therefore, Sindh is being hit twice: first by getting charged for the desilting work, and then by not receiving water.
5. Other identified sites, e.g. Dasu, Thakot, Skardu and Banji, can also be considered for constructing less harmful water reservoirs or carry-over dams.
6. Smaller dams can also be built at hundreds of places in Balochistan, especially at Mirani and Hangu. These dams could irrigate vast areas of Balochistan, which alone can feed entire Pakistan .
7. Many small reservoirs could also be built in Sindh as well. For instance, Manchar, Nagarparkar and at many other places. Construction of such dams would also ameliorate the drought conditions, which often develop due to monsoon failure.
In spite of availability of cheaper and sustainable alternatives, the coercion of the people of Sindh and small provinces continues relentlessly. The insistence of the Federal Government of Pakistan to go ahead with the said project have led the people of Sindh to the belief that the actual purpose of building any large dam on Indus is to control the lifeline of the Sindh Province. This will provide a ruthless leverage to the ruling military and bureaucracy dictating the lives of 40 million people of Sindh.
Mr. Secretary General, based on historical claim on Sindhu (the Indus River ) by the Sindhi people, and based on modern treaties and accords signed by the legal representatives of the Sindhi people, we urge you to convince the Punjabi-led Federal Government of Pakistan to:
a. Relinquish the control of the entire Indus River System to Sindh.
b. Only the legal representatives of the people of Sindh must formulate the policies regarding the distribution of water from, and damming of the Indus River System.
c. The entire workforce to look after the Indus River System must be hired from Sindh.
d. Sindh must be allowed to deduct the monies to look after the Indus River System from the 70%+ tax it gives to the Federation each year.
e. Punjab must pay for all the water it uses from the Indus River System.
2.2 - Sindh Faces Anti-Terrorist Courts
In Sindh province, impunity granted to the colonialists from Punjab is a major human rights concern. The security forces and police personnel in authority have almost always tortured the Urdu-speaking Sindhis (Mohajirs) and Sindhi-speaking Sindhis (Sindhis) or killed them without fear of punishment. Police frequently refused to register complaints; they threatened or punished complainants and filed false charges against them. If Courts accidentally ordered police to file complaints, police obstructed or delayed proceedings.
The judiciary in Pakistan , which has been weakened by successive governments, is subject to executive and other outside influence, and suffers from inadequate resources, inefficiency and corruption. In Pakistan , the judiciary is not even financially independent. Special courts were set-up against the explicit recommendations of the highest judiciary. Illegal and unconstitutional Military Courts and Anti Terrorist Courts (ATC) were established for the sole purpose to victimise political opponents. The military courts were declared unconstitutional and abolished but not before the execution of two people through these courts. Similarly, the ATC has imposed a large number of death sentences after trials that did not meet international standards for fairness. The independence of judiciary has not only been weakened by interference from outside; it has also been undermined by the bias of individual judges.
Recent introduction of the Anti Terrorism Ordinance on 31 January 2002 is a step further to damage the already weaken and influenced judiciary. Under this ordinance, new courts will be established including one army officer nominated by the government besides two civilian judicial officers. The courts will sit in cantonments or inside jail premises thus effectively denying the "right to defend" by obstructing whatever meagre resources of recourse available to the accused. Refusing to accept the reality of these military courts the government continues to defend that these are not military courts.
The Amnesty International terming the establishment of these anti-terrorist courts as breach of fair trial states:
"¦having the military participate in the judicial process is not permissible. Justice may not only be done but also be seen to be done and dispensed by those properly qualified to do so and independent of the executive.
Trials by special tribunals including military staff contravenes Principle 5 of the United Nations Basic Principles on the Independence of the Judiciary, endorsed by the General Assembly in 1985. It states: "Everyone has the right to be tried by ordinary courts or tribunals using established legal procedures. Trials that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts of judicial tribunals."
AI Index: ASA 33/004/2002 An example of the manufactured nature of the so-called cases to be tried in the Anti-Terrorist Courts could be well ascertained by the following text of the letter written by Mr Mohammad Anwar, Chief Organiser of MQM UK & Europe to the UN Secretary General Kofi Annan on 27 February 2002:
Dear Secretary-General
SUB: A UN COMMISSION OF INQUIRY TO INVESTIGATE THE MURDER OF FOUR AMERICAN EMPLOYEES OF UNION TEXAS PETROLEUM IN KARACHI , PAKISTAN AND PROBE THE INVOLVEMENT OF ISI
As you may well be aware that the American and European newspapers are holding the Inter Services Intelligence (ISI) along with the religious fanatics responsible for the gruesome murder of Daniel Pearl, a journalist of the Wall Street Journal. This seems to be true, as we have been persistently sending letters and reports to yourself and other human rights organisations throughout the world about the involvement of the ISI in the brutal assassination of MQM's (Muttahida Quami Movement) leaders, workers, supporters and their relatives in Karachi , Pakistan.
MQM is the third largest political party in Pakistan and the second largest in the Sindh Province . MQM is the representative of millions of Mohajirs, Sindhis and other oppressed people of Pakistan . Because the MQM emerged from the grass-root level, particularly from the middle-class, therefore, the ISI not only hatched hundreds of conspiracies to crush the MQM but also to malign its image throughout the world through baseless, concocted and fabricated propaganda campaign. Finally the ISI hatched a conspiracy to launch an Army Operation against the MQM under the guise of arresting 72 big fish, allegedly involved in kidnapping for ransom and harbouring dacoits. However, to date not a single "big fish" has been apprehended, whose names were included in the list of 72 big fish. The Army Operation on the behest of the ISI commenced on 19 June 1992 against the MQM, its leaders, workers and their relatives in particular and Mohajirs in general, which continues even today in one form or the other.
Dear Secretary General Nasir Hussain, age: 66 years, and Arif Hussain, age: 28 years, the elder brother and nephew respectively of MQM Founder and Leader Mr Altaf Hussain were unlawfully arrested by the ISI on 5 December 1995 from their residence in Karachi , Pakistan. They were neither the leaders, workers or members of the MQM nor of any other political party. They were brutally and barbarically tortured for three days and later on they were shot dead from point blank range. Their dead bodies were axed and thrown in Gadap Area, suburb of Karachi . Since this
brutal act was carried out on the explicit instructions of the ISI, therefore, neither the culprits have to date been apprehended nor an investigation was ever carried out on the extra-judicial murder of Nasir Hussain and Arif Hussain.
In a similar manner, the ISI has ruthlessly executed more than fifteen thousand (15000) Mohajirs including MQM leaders, workers and their relatives. Their dead bodies were thrown on the streets of Karachi . These cruel extra-judicial murders were portrayed as "police encounters" by the ISI. (Please see the reports of Sir Nigel Rodley, UN Special Rapporteur on Extra-judicial Executions)
Dear Secretary General
On 12 November 1997, four US citizens and their Pakistani driver, employees of Union Texas Petroleum Company, were also brutally killed in cold blood by the ISI in Karachi, Pakistan, in broad daylight, with a view to shift the blame of these brutal murders upon the MQM. According to this conspiracy, innocent MQM workers were unlawfully arrested and falsely implicated in the murder of four US citizens. The Anti Terrorist Court (ATC), in total disregard to justice and fair play, sentenced them capital punishment and as a result they are languishing in prison awaiting their fate and hoping for justice.
Dear Secretary General
Federal Bureau of Investigation (FBI) and other US Agencies thoroughly investigated the case and meticulously interrogated the innocent MQM workers, who were sentenced by the ATC in Karachi . They rejected the claim of Pakistani Authorities and the verdict of the ATC that the detained MQM workers were involved in the brutal murder of four US citizens.
In addition, as far as the murders of four US citizens and their Pakistani driver is concerned, the US Department of State "“ Diplomatic Security Service is to date advertising on its website (offering reward of $5 million for information or other assistance that leads to the arrest or conviction, in any country of those responsible.
Dear Secretary General
I am convinced that the gruesome murder of Mr Daniel Pearl was covertly carried out by the ISI.
I request you to use your good offices for the immediate release of the innocent MQM workers, who were sentenced for capital punishment for allegedly involved in the murder of four US citizens and their Pakistani driver, the employees of Union Texas Petroleum.
I also earnestly request you to please form a Commission of Inquiry on "SOS" basis to investigate into the brutal murders of the four American employees of Union Texas Petroleum; and also the callous murder of Daniel Pearl.
2.3 - Religious Minorities
The prevalent feudal system in Pakistan in collusion with the ruling clique invariably uses the shield of religion to strengthen their autocratic rule. Unfortunately for the past fifty-four years, Pakistan has been suffering under the yoke of medieval feudal system. In order to maintain the feudal system and to continue the exploitation of ninety-eight percent people of Pakistan , the ruling hierarchy has organised feuds/riots in the name of religion. They promote religious fanaticism. MQM is the only political party in Pakistan , which does not have a feudal in its ranks. MQM believes in religious tolerance and opposes fanaticism in all its form. MQM wants to establish a system in Pakistawhere everyone will be justly treated and would receive their due rights.Pakistan was not created for the governance of any particular sect, religion or belief but quite the opposite. People of different religions, sects and beliefs have equal rights within the Federation. In his August 11, 1947 speech, the Founder of Pakistan Quaid-e-Azam Mohammad Ali Jinnah, clearly stated,"¦ You may belong to any religion or caste or creed "“ that has nothing to do with the business of State"¦ We are starting with this fundamental principle that we are all citizens and equal citizens of one State"¦ Now, I think we should keep that in front of us as our ideal and you will find that in course of time, Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State.
Unfortunately, after the demise of the Founder of Pakistan, the vested interest, mainly the feudal, hijacked the liberal and positive thoughts of Quaid-e-Azam, and they began to introduce a novel thought into the minds of the people, which is quite contrary to the philosophy and ideology of Quaid-e-Azam. The political parties in the country encourage religious minorities to join them and once their purpose is served, they are chucked out and at difficult times no voice is raised in their favour.
The protection of minority rights has been inadequate for a long time as the state condoned abuses by permitting discriminatory laws to remain on the statute book under which members of minorities were arbitrarily detained and by failing to ensure that private individuals responsible for abuses of minority rights were held to account.
Other forms of abuse of rights of minorities grounded in religious discrimination have included the arbitrary denial of social and economic rights and the rights to preach, practice and propagate minority beliefs.
Both police and members of the judiciary have failed to adequately support members of the minorities in obtaining legal redress for grave abuses suffered by them. If states systematically fail in their duty to exercise due diligence in preventing abuses and ensuring that abuses, once they have occurred, are prosecuted and punished, they share responsibility for the abuses under international human rights standards.
3 - "OCCUPIED SINDH"
Mohajirs: Victims of Xenophobic Racism
3.1 - Introduction
Since 1998, when the 50th Anniversary of the Universal Declaration of Human Rights was celebrated internationally and despite the worldwide recognition of this declaration, Pakistan continues to breach the provisions, therein, leaving the ethno-linguistic nations belonging to the smaller provinces, particularly Sindh and Balochistan, very little to celebrate. After 54 years of independence, the freedom to exercise fundamental human rights is yet to be witnessed.
In Pakistan , the Mohajirs have been suffering all kinds of human rights abuses, racial discrimination and xenophobic behaviour of the Punjabi Establishment. Despite all the legal guarantees, the Mohajirs, who are the largest ethno linguistic cultural and national minority, faces cultural and national discrimination on racial grounds in all sectors of life, which could be attributed to the continued ill treatment and torture nourished by increasingly xenophobic responses towards them.
Pakistan as a multi national entity, promoted by Mohammad Ali Jinnah, the Founder of Pakistan, and achieved through the efforts of the Muslims of the Sub-continent was torn apart in 1971. The people of Pakistan , however, tried hard to maintain its existence. Consequently, the Army, civil bureaucracy and intelligence agencies, all hailing from Punjab , who were responsible for the dismemberment of the country colonised the smaller provinces. The army, civil bureaucracy and intelligence agencies of Punjab invaded the Baloch, Pashtuns, Sindhis and finally they assaulted the descendents of the creators of Pakistan , i.e. the Mohajirs. The military operation against Mohajirs is still continuing since 19 June 1992. The oppressed nations of Pakistan tolerated the excesses of the Punjabi Army, civil bureaucracy and intelligence agencies for the past 30 years in the hope that they would take a lesson from their past bitter experiences and accept their blunders. Furthermore, it was expected that they would apologise for their crimes against humanity and genocide carried out against the smaller nations and would compensate them. But all the smaller nations today have reached to the conclusion that in the existing set-up they cannot attain their fundamental rights, and if the army, civil bureaucracy and the intelligence agencies of Punjab have any desire to maintain the existence of Pakistan, they have to eliminate the concept of Master and Slave, which they have practised over the years. Furthermore, provide total provincial autonomy to all the smaller nations in accordance with the 1940 Lahore Resolution. The Assembly elected as a result of the 1970 General Elections of united Pakistan , formulated a Constitution in 1973 for the remainder of Pakistan , with the "consensus". However, the smaller nations and representatives of the people had several apprehensions. Due to the tragedy of the break-up of Pakistan , the smaller nations demonstrated tolerance by keeping quiet because of the inclusion of a clause that after the elapse of ten years, the smaller provinces would have more autonomous powers. Unfortunately, because of the autocratic approach of the Army, civil bureaucracy and the intelligence agencies of Punjab, headstrong amendments, successive martial-laws, inept judiciary and its incomprehensible, expedient, unconstitutional decisions, self-seeking so-called "federal"
political parties with their hypocritical, anti-people and undemocratic approach has not only destroyed the spirit of the 1973 Constitution but have also demeaned it "“ not only in the eyes of the people of Pakistan but also before the democratic and civilised world.
The 1973 Constitution of Pakistan could not provide the fundamental rights and security to the people of Pakistan , particularly of the smaller nations and even could not protect itself. The civil and military autocrats have made so many alterations in this Constitution, without the consent of the people that it has lost its original form, spirit and utility. Its role in the hands of undemocratic and unconstitutional forces has been rendered superfluous and has become an obstacle in the path of progress. Unanimously, everyone agrees that human rights and needs of the people are sacrosanct and it is, therefore, the Constitution should be subservient to the needs of people and has to be amended accordingly. The Twenty-First Century is the Century of equality, freedom, knowledge and transparent democracy. Therefore, according to the dictates of the Twenty-First Century the fresh distribution of powers between the people and State, relationship between nations and Federation, distribution of rights and powers be determined and a new Constitution be formulated to safeguard and strengthen the country.
Therefore, it is the need of the time that according to the spirit of 1940 Lahore Resolution, a new liberal and democratic Constitution based on equality of nations be formulated for the people of Pakistan . This Constitution shall provide equal and democratic rights to all the citizens, and shall honour democracy and fundamental rights, irrespective of cast, creed, language, ethnicity, sex, sect and religion. Women shall be provided with equal rights and representation in all walks of life and the discriminatory treatment, which they are subjected to, should come to an end. All the provinces shall have total autonomy and all the present functions of the Federation with the exception of Defence, Foreign Affairs and Currency shall be transferred to the provinces. The federal interference in the matters of provincial rights and authorities shall end. This Constitution shall also provide a foolproof guarantee to safeguard the rights and authorities of the provinces. The composition of the Pakistan Army shall be recomposed, having equal representation of nations from all the provinces that it can effectively and practically be presented as the National Army of Pakistan instead of being the Punjabi Army.
3.2 - Racial Discrimination
Mohajirs, Sindhis and Baloch are being racially discriminated in all walks of life in total disregard to the UN International Convention on the Elimination of all forms of Racial Discrimination (CERD), whereby the Mohajirs and Sindhis are entitled to all rights and freedoms in political, economic, social and cultural spheres of public life, without distinction based on nationality or descent.
The United Nations International Convention on the Elimination of All Forms of Racial Discrimination defines racial discrimination as:
...any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
3.3 - Mohajirs in Pakistan
Mohajirs in Pakistan , the largest ethno linguistic cultural and national minority, have won freedom from the feudal shackles long ago, which have crippled other societal groups. Politically alive, Mohajirs live their lives according to their own will, while the majority of the ethnic groups in Pakistan are still forced to live in slavery, physically and mentally, to that crippling feudal oligarchy. The feudal oligarchy (sardars, jagirdars and waderas) in Pakistan has created a kind of family to permanently rule the country. Since, the Mohajirs did not belong to that "family", they were regarded as a threat to their familial rule and systematic steps were taken during various governments to push Mohajirs out of the system. This process commenced right after the assassination of the first Pakistani Prime Minister, Liaquat Ali Khan. For example, the capital was shifted from Karachi to Punjab, Mohajirs were forcibly retired from bureaucracy and other government departments, educational institutions, industries and banks, established by Mohajirs were nationalised without any compensation, chances to higher education and jobs were eliminated for them by introducing "quota system" in Sindh and linguistic riots were masterminded. All these steps were aimed at paralysing Mohajirs as a community so that they are left incapable to challenge the monstrous feudal system prevalent in the country.
These Mohajirs became ever more threatening for the feudal system when they decided to unite under the MQM banner as the party emerged as the sole representative of Mohajirs in the country. Muttahida Quami Movement (MQM) is the third largest political party of the country and the second largest in the province of Sindh . It was the only party with no feudal in its ranks and file and the leadership blossomed from the lower and middle classes. The prospect of seeing these "downtrodden" in the representative assemblies sent shudders up the feudal spine. They were afraid of a ripple effect of this Mohajir phenomenon in the poor Sindhis, Baloch, Punjabis, Pashtuns, Kashmiris and Seraikis, which could spell the end of feudalism in Pakistan .
3.4 - Extrajudicial, Summary or Arbitrary Executions
The Government of Pakistan has failed to adopt measures to stop the large-scale human rights violations, which are regularly reported from Karachi , the capital of Sindh, the southern province of Pakistan . Hundreds of cases of unlawful detentions, torture, deaths in custody, extrajudicial executions and "disappearances" mainly in Karachi , but also in other urban centres of Sindh have been reported to the international community. While law enforcement personnel appear to be responsible for these human rights violations, there is strong evidence that terrorist groups with the full patronage of the Inter Services Intelligence Agency (ISI) have also perpetrated torture, kidnappings and killings. The high rate of extrajudicial, summary and arbitrary executions over the period is strong evidence of the tacit support of the Government Intelligence Agencies to the law enforcement officials and the "terrorist groups", such as the "Haqiqis". Indeed in some cases, those in authority appear to have openly aided, abetted and condoned abuses by the terrorist groups. Impunity is a major human rights concern. Those in authority have almost always tortured or killed without fear of punishment. Widespread practice of killings and executing political opponents, particularly the MQM leaders, workers and its supporters is being carried out by the State, the personnel of law enforcement agencies or other governmental agencies or by paramilitary rangers or their sponsored terrorist group, the "Haqiqi", acting with the support, tacit or otherwise, of official forces or agencies. The Government has failed to respect, as a minimum standard, the content of the provisions of articles 6, 14 and 15 of the International Covenant on Civil and Political Rights which cover the right to life and various safeguards guaranteeing fair and impartial judicial proceedings.
Arbitrary Arrests and Detentions
The UN Working Group on Arbitrary Detentions defines:
Cases of deprivation of freedom when the facts giving rise to the prosecution or convictions concern the exercise of the rights and freedoms protected by certain articles of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Arbitrary arrests and detention continue to take place in Pakistan , particularly in the urban centres of Sindh Province . Since the commencement of the Army Operation against the MQM on 19 June 1992, the only representative political party of the Mohajirs and the second largest in the Sindh Province , thousands of its leaders, elected representatives, office bearers, workers and supporters have been arbitrarily arrested and unlawfully imprisoned on unfounded and baseless allegations.
Article 9 of the Universal Declaration of Human Rights (UDHR) specifically states:
No one shall be subjected to arbitrary arrest, detention or exile.
Article 9 of the International Covenant on Civil and Political Rights declares:
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Torture in Detention Centres and Prisons
Torture is widespread in all detention centres and prisons throughout Pakistan . It is being practiced with impunity within the police stations, detentions centres and state-run torture cells in the province of Sindh , southern Pakistan . Independent testimonies from national and international human rights organisations verify that torture is being meted out to MQM detainees.
...killings continued to be committed by the police and members of armed groups, who are allegedly acting with the support and protection of the Government. Law enforcement officials, security forces, paramilitary rangers, intelligence agencies and police officers have all been accused of committing extrajudicial executions.
On 28 January 1999, Imran Danish died in a hospital in Karachi after having been in police custody. According to reports, torture allegedly caused kidney failure.
On 8 February 1999, Jamil Ahmed allegedly died in hospital as a result of ill-treatment while in police custody.
Article 1 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as:
... any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing ... or intimidating or coercing ... or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Countless cruel and degrading torture methods are being employed on political prisoners, including: being hung from the ceiling with their hands tied behind their backs; struck with electric cattle prods; shocked all around their bodies; beaten with wooden planks and clubs; being sat on by dogs; being forced to stand naked in front of other prisoners, sometime while being beaten; having fires hit beneath them and left with their eyes burning from the smoke; being forced to stand on iced ground until the skin of their feet was stuck to it; muscles impaired from over-stretching in cruelties like cheera. In addition to physical torture, prisoners are forced to undergo psychological trauma. They are commonly threatened that their families would face the dire consequences and would be hurt. As a result of having been beaten so badly, hundreds of such unlawfully detained political activists have died.
The above-mentioned examples highlight how racism paves the way for human rights violations such as arbitrary arrests, detentions, torture and ill treatment. The disregard for human life and dignity in a racist context is also apparent in relation to excessive use of force by agents of state. In Pakistan , the personnel of law enforcement agencies armed with lethal weapons seem only too happy to pull the trigger, generally against Mohajirs and especially against the members of the MQM. The Authorities are reluctant as ever to investigate the shootings thoroughly and to hold police officers to account if they have misused firearms. State indifference and lack of action in response to such abuses is also a common pattern in Pakistan . The International Convention on the Elimination of All Forms of Racial Discrimination emphasizes the duty of state to ensure the right of everyone "to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution".
3.7 - Political Prisoners and Prisoners of Conscience
Political prisoners and prisoners of conscience are those detained on account of their religious, political and ethnic views. They are often subjected to physical and mental torture and held in incommunicado detention in prisons whose standards fall well below international guidelines.
Since the commencement of the Army Operation against the MQM in 19 June 1992, scores of MQM leaders, office bearers and workers have been detained for having their own political opinion and view. Mr Shoaib Bukhari Advocate, Member of MQM Coordination Committee, Deputy Parliamentary Leader of the MQM in Sindh Provincial Assembly and a former Member of Provincial Assembly of Sindh, was arrested on 21 November 1998, from Nine Zero, the MQM Head Office in Karachi , during an illegal raid of the personnel of police and paramilitary rangers. He was immediately subjected to most brutal torture and since then he is being detained at the Central Prison in Karachi .
3.8 - Enforced Disappearances
The Amnesty International describes:
The 'disappeared' are people who have been taken into custody by agents of state, yet whose whereabouts and fate are concealed. And whose custody is denied.
In Pakistan , particularly in the urban centres of Sindh, on many occasions members of Muttahida Quami Movement (MQM) were being arrested without warrants and taken into police custody without any disclosures concerning their whereabouts. Enforced disappearances are of great concern. Since 1992, thousands of MQM members were arrested and taken to unknown destinations, kept in incommunicado detention and their whereabouts and conditions remained unknown. Some 28 cases of MQM office bearers and workers have been reported to the national and international human rights organisations that still remain 'disappeared'. The Punjabi Establishment of Pakistan totally disregards the international standards of the right to life, liberty and security of person.
The act of enforced disappearance is...a grave and flagrant violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights. (The Declaration on the Protection of all persons from Enforced Disappearance)
3.9 - Curtailment of Freedom of Expression and Assembly
International covenants provide for the rights of freedom of expression, assembly and association without any interference from the state, yet the people of the Province of Sindh , i.e. Mohajirs and Sindhis, perceptibly enjoying these fundamental rights risk long-term imprisonment and torture.
The right to freedom of expression and opinion are specifically stated in Article 19 of the Universal Declaration of Human Rights:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Freedom of expression is also recognised in Article 19 of the International Covenant on Civil and Political Rights:
Everyone shall have the right to hold opinions without interference.
3.9.1 - Some Cases of Blatant Denial of the Right to Freedom of Expression and Assembly
10-14 April 2001: The MQM and JSQM began a peaceful campaign of hunger-strike in front of the Karachi Press Club, to protest against the continued water shortage in Sindh province. On the first day, i.e. 10 April 2001, between 11 and 11.15 am, the personnel of Police, Paramilitary Rangers and other law enforcement agencies moved in without any provocation to disperse the crowd and to arrest those observing the hunger strike. They brutally manhandled the peaceful hunger strikers. The participants and observers were baton charged. The Lady Senator Nasreen Jalil was baton charged and dragged by her hair towards the police mobile. The women participants were brutally beaten, whereas the observers of the hunger strike were grabbed and pulled towards the waiting police mobiles and taken away. More than 250 people, including women workers of MQM and JSQM were arrested. On 11, 12, 13 and 14 April, several other leaders and elected representatives belonging to the MQM were brutally tortured and arrested for exercising the right to freedom of expression, which they "supposedly" enjoy. 18 April 2001: Hundreds of Mohajirs and Sindhis were arrested for exercising their right to freedom of expression, when they were peacefully protesting against the artificially created water shortage in the province of Sindh , southern Pakistan . The Muttahida Quami Movement (MQM) and the Jeay Sindh Quami Mahaz (JSQM) called these peaceful strikes.
10 June 2001: The Jeay Sindh Quami Mahaz (JSQM) called to observe a peaceful sit-in at Sukkur on 10 June 2001 with the full support of the Muttahida Quami Movement (MQM). The present Military Government resorted to heavy-handedness. On 9th June 2001, thousands of Paramilitary Rangers and Police personnel were deployed in and around the outskirts of Sukkur to prevent any gathering of innocent peaceful protestors. The sit-in was called to peacefully protest against the continued water shortage in Sindh Province . In the early hours, at Dadu Moro Bridge in Sukkur, the personnel of Police and Paramilitary Rangers opened indiscriminate heavy firing upon the procession of peaceful protestors on their way to observe the sit-in against the water shortage in Sindh Province , southern Pakistan . Mr Basheer Khan Qureshi, Chairman JSQM, was leading the procession. As a result of this heavy indiscriminate firing, dozens of people were severely injured, the car of Mr Basheer Khan Qureshi was fired upon and most unfortunately Mr Abdul Haque Meerani, a worker of JSQM, received serious bullet injuries and died as a result. In another incident, the Punjabi Police and the Paramilitary Rangers opened indiscriminate heavy firing upon the peaceful procession of protestors at Kot Deji.Participants in the water march were joined in Karachi by members of other parties, including the Muttahida Qaumi Movement (MQM) and the Jiye Sindh Qaumi Mahaz (JSQM). On 10 April, leaders and workers of the MQM and the JSQM were arrested as they approached the Karachi Press Club where they had intended to set up a tent and hold a hunger strike. Roads near the club were cordoned off and protesters arrested before they could reach the strike venue. When protesters sat down on the road, they were dragged away to police vans; some were injured. On the following days, police maintained their cordon along access roads to the Karachi Press Club to stop protesters reaching it for the planned hunger strike. On each of these days around 20 to 25 people, including women demonstrators, were arrested. As protesters failed to achieve their aim, they increasingly resorted to violence and police increasingly used sticks and teargas in their efforts to disperse the protesters.
On 16 April, as protests by some 4,000 demonstrators grew violent, between 40 and 50 demonstrators were arrested at a roadblock near the Governor's House. Police fired teargas when some amongst several thousand protesters threw stones and bottles at them. As demonstrators sought to escape into side streets, police and paramilitary forces gave chase, hitting several demonstrators with sticks. Dozens of cars were damaged by protesters.
On 17 April police rounded up at least 200 political workers, mostly of the MQM, after seven public buses and over 30 private vehicles were set on fire ahead of a planned general strike on the following day; local observers said that many of those arrested had nothing to do with the violence but were mere by-standers or local residents.
On 18 April, a general strike called by MQM and JSQM was observed in all major cities and towns of Sindh to protest against the crackdown on the protest movement. The strike turned violent in Karachi where one man was killed and two others were injured in two bomb blasts. Police said they had arrested about 600 people for their alleged involvement in violence. Several of those arrested in Karachi were criminally charged under different sections of the Pakistan Penal Code relating to offences against public order.
According to reports from Karachi , the government has issued strict orders to arrest and criminally charge anyone who was involved in or instigated violence during these protests. Orders also appear to have been issued to arrest people against whom criminal charges were brought in the past -- despite the widely acknowledged fact that often such charges are brought on political grounds and have no substance. Amnesty International "“ ASA 33/009/2001
In Pakistan , according to reports by the International Organization for the Elimination of All Forms of Racial Discrimination, dated 19 September 1997, the Mohajirs, who are refugees who came from India at the time of partition, are said to be exposed to xenophobic attacks by the Pakistani authorities. According to the organization, they are often illegally dispossessed of their property; at election time, Mohajir candidates are allegedly the victims of acts of violence and their supporters are regularly kidnapped and tortured in secrecy. (Report by Mr Glele-Ahanhanzo, Special Rapporteur on Contemporary Forms of Racial Discrimination, Xenophobia and Related Intolerance "“ E/CN.4/1998/79, 14 January 1998)
4 - INTER SERVICES INTELLIGENCE (ISI)
"˜A State within a State'
The ISI is the major secret intelligence agency of Pakistan superseding all other intelligence agencies. The army officers and personnel overwhelmingly man it and a number of civilian staff that chiefly comprises of the informers, criminals and anti-social elements compliments the army in running the agency. The ISI is renowned for its notoriety, all over the world.
The ISI has been deeply involved in domestic politics and, has kept track of the incumbent regime's opponents. Prior to the imposition of Martial Law in 1958, ISI reported to the Commander-in-Chief of the Army (C-in-C). When martial Law was promulgated in 1958 all the intelligence agencies fell under the direct control of the President and Chief Martial Law Administrator, and the three intelligence agencies, i.e. Intelligence Bureau (IB), Military Intelligence (MI) and the ISI, began competing to demonstrate their loyalty to Ayub Khan and his government. The ISI and the MI became extremely active during the l964 presidential election keeping politicians, particularly the East Pakistanis, under surveillance.
The ISI became even more deeply involved in domestic politics under General Yahya Khan, notably in East Pakistan , where operations were mounted to ensure that no political party should get an overall majority in the general election.
A big amount of money was expended for this purpose, and attempts were made to infiltrate the inner circles of the Awami League. The operation was a complete disaster. Mr. Bhutto promoted General Zia-Ul-Haq in part because the Director of ISI, General Ghulam Jilani Khan, was actively promoting him. General Zia, in return, retained General Jilani as head of ISI after his scheduled retirement. Zulfiqar Ali Bhutto established the Federal Security Force and gave it wide-ranging powers to counter the influence of ISI, but the force was abolished when the military regime of Zia ul-Haq seized power in 1977. When the regime was unpopular with the military and the President (as was Benazir Bhutto's first government), the agency helped topple it by working with opposition political parties.
A British army officer, Maj Gen R Cawthome, then Deputy Chief of Staff in Pakistan Army, founded the Directorate for Inter-Services Intelligence (ISI) in 1948. Field Marshal Ayub Khan, the president of Pakistan in the 1950s, expanded the role of ISI in safeguarding Pakistan 's interests, monitoring opposition politicians, and sustaining military rule in Pakistan . The ISI is tasked with collection of foreign and domestic intelligence; co-ordination of intelligence functions of the three military services; surveillance over its cadre, foreigners, the media, politically active segments of Pakistani society, diplomats of other countries accredited to Pakistan and Pakistani diplomats serving outside the country; the interception and monitoring of communications; and the conduct of covert offensive operations. The ISI has become a state within a state, answerable neither to the leadership of the army, nor to the President or the Prime Minister. The result is there has been no real supervision of the ISI, and corruption, narcotics, and big money have all come into play, further complicating the political scenario. Drug money is used by ISI to finance not only the Afghanistan war, but also the proxy war against India in Punjab and Kashmir .
The ISI even formulates the foreign policy of Pakistan . The creation and encouragement of Taliban was to annex Afghanistan with Pakistan as its fifth province, which would have provided a "Strategic Depth" to Pakistan in case of its army's defeat at the hands of the Indian army.
4.1 - Independent Testimonies
Much, however, depends on the cooperation of a secretive organization so powerful that it has been called Pakistan 's "invisible government." The Inter-Services Intelligence directorate, ISI, is essentially Pakistan 's Central Intelligence Agency. But its brief is far broader. The 15,000-strong ISI is said to formulate foreign policy, stifle opposition, and engage in drug trafficking from time to time.
Pakistan: Wild-Card Spies: Are the ISI's ties to the Taliban a help or hindrance?
Business Week Online -- October 29, 2001 "The ISI is an inner circle of an inner circle of an inner circle," "¦ "You can't get rid of these people, because they're all related by family ties and marriage." The ISI's connections start at the top of Pakistan 's government"¦ MSNBC "“ In Pakistan, a grand illusion? "“ October 2, 2001
Musharraf and many of his newly appointed senior aides are muhajir"”immigrants who fled to Pakistan from India after Partition, in 1947"”but they are in charge of an Army that traditionally has been dominated by officers from the Punjab region. Even now, an estimated ninety per cent of the officers are Punjabi. "These things matter a lot," a retired Pakistani diplomat told me. "The Punjabi officers would be thinking that there's an earthquake or a revolution taking place. Is it because of the ethnic background of Musharraf? Don't write off the unhappiness within the Army."
The former diplomat also took issue with the Bush Administration's belief that Musharraf has resolved the loyalty issue by replacing top commanders with officers believed to be less ideological. "To remove the top two or three doesn't matter at all," he said. "The philosophy remains." The I.S.I., he added, is "a parallel government of its own. If you go through the officer list, almost all of the I.S.I. regulars would say, of the Taliban, 'They are my boys.' "
The New Yorker "“ Annal of national security: watching the warheads "“ October 29, 2001
'They are a state within a state,' said one Western diplomat last week. 'The ISI is the only institution powerful enough to dare to disobey the President.' Pakistan 's nuclear arsenal, diplomats say, makes that a serious cause for concern.
Torture, treachery and spies - covert war in Afghanistan "“ The Guardian "“ November 4, 2001
Nonetheless, Inter-Services Intelligence, or I.S.I., remains what many describe as a state within a state, with independent, and worrying, political tendencies.
Pakistan Ended Aid to Taliban Only Hesitantly "“ The New York Times "“ December 8, 2001
No one knows for sure how many agents the ISI employs. Its power is not so much seen as felt. Places where foreigners congregate - such as important Pakistani ministries, major hotels, and even taxi stands - generally have ISI agents on staff to monitor activities.
Most ISI agents are soldiers, sailors, or airmen who are temporarily assigned to the ISI for a two-year period, but some have been assigned to a single project for decades, even until retirement.
Among the more dangerous, sources say, are those who acted as Pakistan 's official liaison between the Pakistan Army and militant groups, such as the Kashmiri-oriented Harkatul Mujahideen and Lashkar-e-Tayyaba, both of which are on the United States ' list of terrorist organizations. The ISI was also a crucial link between Pakistan and the Taliban in Afghanistan . Musharraf takes on spy agency "“ The Christian Science Monitor "“ February 22, 2002
4.2 - Haqiqi Terrorists: Frankenstein's Monsters Created by the ISI
In 1991, three members of the MQM Central Committee were expelled from the party on charges of corruption, criminal activities, instigating violence and operating on the instructions of the intelligence agencies against the party policy and interests. The ISI formed a terrorist group of these expelled members, known as the "Haqiqi".
These expelled members patronised, funded, armed and trained by the Pakistan Army, entered Karachi on army trucks on 19 June 1992, the day the Army launched the Operation to crush the MQM. These Haqiqi terrorists attacked the MQM offices and residences of MQM leaders, office bearers and workers with impunity. Many of the MQM leaders and workers were kidnapped and brutally tortured to change their allegiance. Those who refused to do so were ruthlessly executed. Under the protection and patronage of the Army and the ISI, many areas of the city of Karachi , including Landhi, Korangi, Lines Area, Malir, Liaquatabad and North Karachi are forcibly occupied at gunpoint by the Haqiqi terrorists and turned into NO GO AREAS for the leaders, office bearers and workers of the MQM.
4.2.1 - Independent Testimonies:
Twelve workers of Mohajir Quami Movement (Haqiqi), two of whom were allegedly involved in the killings of four Shia brothers, were arrested at a New Karachi house early Sunday morning.
Police and the TJP claimed the members of MQM Haqiqi are closely working with Sipah-I-Sahaba Pakistan and accused them of carrying out targeted killings in the city.
Haqiqi Men Held "“ Daily Dawn, February 20, 1995
The MQM (Haqiqi) faction was originally created by the Pakistan army to divide Ms Bhutto's opponents, the MQM party, but was later handed over to one of the six intelligence agencies, which operate for the civilian government. Officials close to Karachi 's underfunded and underpaid police force say the Haqiqi faction has 500 gunmen looking for employment.
"¦The duly carried out a number of massacres in Shia mosques, using bullets produced by the government's own armaments factory.
"The government has created Frankenstein's monsters which have now got out of control. There are so many groups and they are all armed to teeth."
"˜Frankenstein's monsters' terrorise Karachi "“ The Guardian "“ March 22, 1995
"¦They belonged to an armed faction known as Haqiqi which was initially set up by the Pakistani army to split the Mohajir Qaumi Movement (MQM), which represents the millions of Indian Muslims who migrated to Pakistan after the 1947 partition.
As with other attempts by the military to manipulate events with guns and money the results were not always what they expected.
"¦forcing the army to intervene. When they withdrew in 1992, control of the Haqiqi faction was passed on to one or several of the country's six intelligence agencies.
"¦the Haqiqi, said to number more than 500 gunmen, are still being run by a renegade intelligence agency"¦
"¦it was the army that created, trained and armed the Haqiqi killers in the first place.
Renegade Unit Stokes Pakistan Violence "“ The Independent, March 25, 1995
To split the MQM, army intelligence "“ which has a history of intruding often in Pakistani politics "“ set up a rival faction known as Haqiqi.
The Haqiqi were given arms, training and special ID cards allowing them carte blanche for their murderous activities, not only against the MQM but also in extorting money from Karachi 's businessmen
The Haqiqis even demanded money to keep schools open.
Evidence has emerged that Haqiqi gunmen have joined with Sunni militants to take part in sectarian bombings and drive-by shootings against Shia Muslims, who are a minority.
Bhutto Lets Karachi Killings Run Out of Control "“ The Independent, March 26, 1995
In an attempt to accelerate the breakup of the party, the army encouraged a faction, MQM Haqiqi, to go to war against the mainstream movement.
Sources close to military intelligence say that since the army withdrew from Karachi late last year after 30 months, the government has assumed the sponsorship of Haqiqi.
Finger of Blame for Pakistan Violence Shifts to Government "“ The Guardian, March 2, 1995
The former Inspector General of Punjab Chaudhry Sardar Muhammad in his book "The Ultimate Crime" discloses how the Chief of Army Staff Late General Asif Nawaz Janjua conspired to create and patronise the "Haqiqi Terrorists" with a view to crush the MQM. He describes his personal conversations with the Army Chief, the Prime Minister and the events leading to the conspiracy behind the patronization of the Haqiqi terrorists:
During the army action in Sindh in 1992, he made Mohajir Quami Movement his only target, though he was supposed to act against dacoits and gangsters everywhere in the province. Some gangsters in MQM fled to Lahore . Helped by timely intelligence, the police were able to arrest all of them. Gen. Asif Nawaz wanted me to release them. "But they are murderers and criminals," I told him. "Their arrest will help in achieving the objectives of the army action." But he had some other objectives in mind. "You are not fully aware of the situation in Karachi ," he said. "I want to set these thieves to catch bigger thieves." I, however, did not give in.
He then approached the Prime Minister. Whatever he told him, the result was that Nawaz Sharif rushed immediately to Lahore and held a high-level meting right at the airport. My arguments cut no ice with him. Then the Additional IGP, Special Branch, Maj Zia-ul-Hassan, narrated the details of the criminal acts of those under arrest. When he insisted, rather emotionally, that the arrests were justified, the Prime Minister, instead of changing his mind, lost his temper. The tremendous pressure of the army chief seemed to be showing itself. So, we had to find a way out to allow release on bail. The same criminal elements later reappeared in Karachi as "MQM Haqiqi!" The Chief of Army Staff was their patron.
Furthermore, Muttahida Quami Movement (MQM) is the only political party in Pakistan , which has persistently informed the international community of the menace of the ISI. Most recently the MQM Convenor Dr Imran Farooq wrote a letter to the UN Secretary General Kofi Annan on 26 February 2002, about the involvement of the ISI in the murder of Daniel Pearl. Following is the text of the letter:
Dear Secretary-General
RE: ISI IS BEHIND THE MURDER OF DANIEL PEARL
I hope that you are in good health and spirit. I know that you are one of the busiest person in the world and, therefore, I will try and keep this letter short, as much as possible which is about the subject mentioned above.
After the horrific terrorist acts against the United States of America on 11th September 2001, the United Nations, United States of America and the entire sovereign nations, peace loving political leaders including Mr Altaf Hussain, Founder and Leader of Muttahida Quami Movement (MQM), the third largest political party in Pakistan and the second largest in the province of Sindh, strongly condemned the cowardly acts of terrorism in the United States of America. MQM held the biggest rally on 26th. September 2001 in Karachi (port city of Pakistan) to demonstrate its solidarity that it stands shoulder to shoulder with the international community against all sorts of terrorists' acts and terrorism throughout the world. MQM also offered its unconditional support to the international community against all sorts of terrorism.
As you would know that one of the journalists of the Wall Street Journal, Mr Daniel Pearl was kidnapped on 23rd January 2002 in Karachi . The kidnappers put certain demands for the release of Mr Daniel Pearl. The present Military Government of Pakistan and its high officials were assuring the entire world that the Authorities and police will recover Mr Daniel Pearl alive within two or three days but failed.
Pakistan's interior minister on Friday predicted a "major breakthrough" and more arrests within 48 hours in the search for Daniel Pearl. The official rejected a claim from Pearl 's self-confessed kidnapper that the Wall Street Journal reporter is dead.
Los Angeles Times, Breakthrough Expected in Kidnap Case, Pakistan Says, February 16, 2002
No one has explained why Sheikh Omar was held in ISI custody for a week before civilian authorities were informed of his arrest. Two former ISI officers have been questioned about Pearl 's murder.
The Observer, Vicious Web of Intrigue that Trapped Daniel Pearl, February 24, 2002
Mr Daniel Pearl was decapitated ruthlessly. What plans had been made by the ISI in collusion with Ahmed Omar Sheikh while he was in its custody only God knows! The Interior Minister of Pakistan and even President General Pervez Musharraf were not aware of this plan.
Not only in Pakistan but also throughout the world, the educated and politically aware people know that the ISI is above all the institutions and even above the law in Pakistan . ISI is a State within a State. ISI is not answerable to the Presidents, Prime Ministers or anyone else.
'They are a state within a state"¦ 'The ISI is the only institution powerful enough to dare to disobey the President.'
The Guardian, Torture, treachery and spies "“ cover war in Afghanistan , November 4, 2001
The ISI is responsible for harbouring the terrorists' not only in Pakistan but also throughout the world under the pretext of "Jihad". The ISI is not at all happy with the decisions taken by the present Government for eradicating religious fanatics, as they are its own creation.
The ISI and only the ISI is behind this barbaric killing of Mr Daniel Pearl because the ISI wanted to give the message to the USA that by supporting the present Government the USA will not be able to achieve its goals and the United States of America must deal with the ISI and not with anybody else; and if the United States of America would continue to support the present Government then they have to face and see many more barbaric acts.
From early on in the Pearl investigation, ISI involvement was evident.
The Observer, Vicious Web of Intrigue that Trapped Daniel Pearl, February 24, 2002
Dear Secretary-General,
The ISI has become a monster and until and unless the ISI is disbanded or dismantled, my apprehensions are that the ISI will continue to form, fertilise, harbour, train and provide financial support to create more and more religious fanatical groups like Jesh-e-Mohammad and others.
The intelligence agency's past actions indicate that its interests "” or, at a minimum, those of former agency officials "” have often dovetailed with the interests of Mr. Pearl's kidnappers, as reflected in their original demands. New disclosures of links between Mr. Sheikh and two recently dismissed agency officials only intensify suspicions about its role in this case.
The New York Times, Death of Reporter Puts Focus on Pakistan 's Intelligence Unit
February 25, 2002
Dear Secretary-General,
I request you to convey my apprehensions to the International Community including the United States of America and its allies and to use your good office to ask the Government of Pakistan to dismantle the ISI. I would also request you that for the dismantling of the ISI, full support and active involvement of the United Nations, USA and the International Community would be required otherwise the present Government or any other Government in Pakistan would not be able to dismantle the ISI.
I also request you that if the United Nations Organisations and international community seriously and sincerely want to see the entire world free from any source of terrorism, they must take serious and practical steps and actions for completely wiping out the ISI otherwise, it would be too late for the world's sorrow and tears. The killings of innocent people would be the fate of the world
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