The Ordeal of Missing Persons

October 4, 2012 October 2012, Others Leave a comment

The issue of missing persons is sensitive and complicated, it must be resolved on priority basis.

 

The tragedy of 9/11 changed the world perspective. The morality and international norms were tarnished enormously. The only superpower invaded Afghanistan and Iraq to crush al-Qaida terrorists who US believes were responsible for the attack on United States. The dictator Gen. Pervez Musharraf succumbed to the pressure of US government and accepted seven conditions to become ally to fight war against terrorism. The defence analysts believe that Musharraf sold the sovereignty of Pakistan to prolong his rule. He took unfortunate decision without any consultation with his cabinet and corps commanders of the Pakistan Army.

After Afghanistan invasion by Nato forces, Pakistan also waged war against militants who were Pakistani citizens. The ordeal of missing persons started when Gen. Musharraf allowed security agencies to pick up militants and hand over them to United States without producing them before the court of law. Musharraf confessed in his book ‘In The Line of Fire’ that his government arrested several dozens wanted persons and handed over them to US security agencies and received reward in dollars from United States. With the passage of time, it seems that the security establishment reached to the conclusion that war against terrorism cannot be fought successfully if arrested militants are produced in the court of law. The legal system of Pakistan is so ineffective that it cannot deal and punish the militants. The militants usually get bails due to lack of evidence. The security agencies recommend several legal amendments and proposals to curb militancy in Pakistan. The parliament failed to enact laws against terrorism so far.

Masood Junjua the husband of Amina Junjua was picked up by security agencies on July 30, 2005. Dr Aafia Siddiqi was also picked up who is presently in the United States prison. These two prominent cases highlighted the ordeal of missing persons inside and outside Pakistan. Amina Junjua is fighting relentlessly for the release of her husband. She has actually become the courageous leader of missing persons movement. Amina Junjua initiated the protest camp in front of parliament. The families of missing persons stayed at this camp for several months. More than a dozen disappeared persons men released in view of this protest. The abduction of people without lawful authority is crime against humanity. The Human Rights Commission of Pakistan has identified 240 cases of missing persons, it believes are in the custody of security agencies. The security agencies claim that the missing persons may have gone to join Jihad against Nato forces. People of Pakistan do not buy this claim. The HRCP investigation indicates that almost half of the 240 missing persons belong to Balochsitan. The Amnesty International accused the government of Pakistan to sell the abducted persons to the United States. Gen. Musharraf denies this charge and states the army is not involved in missing persons cases.

‘We should learn lesson from the past. Situation in Balochistan has reached to such a level that Pakistan’s flag hoisting had become difficult. When are we going to take cognizance of the situation in Balochistan?’ says Ayaz Mir
The brave and courageous chief justice of Pakistan took suo motu notice of the plight of missing persons and forced government to acknowledge the custody of 25 missing persons. The case is still pending in the Supreme Court for final verdict. The tragic and sensitive issue of missing persons prolonged for several years. The United Nations took keen interest in this issue, the working group of UN visited Pakistan to study this issue. Mr Tayyab Hussain has commented about the visit of working group, ‘Waking up from deep slumber over growing criticism against the government’s decision to allow the visit of UN Working Group on Forced or Involuntary Disappearances, Foreign Minister Hina Rabbani Khar tried to shift the blame and insisted that the matter was discussed with ‘all major stakeholders’ and finally after an inter-ministerial process, the summary was sent to the prime minister who gave approval for the visit. The UN Working Group is currently in Pakistan on the issue of missing persons. It has held several meetings with various leaders and human rights’ organisations including the family members of the missing persons. Making a policy statement during the National Assembly session, the minster insisted that the UN Working Group on human rights was not mandated to conduct any investigation or fact-finding. Furthermore, she added, that the group had also visited over a dozen countries while 91 countries had extended invitation for a visit. ‘The working group is visiting Pakistan on our invitation’ the minister made another startling revelation.
She rejected the notion of fact-finding or investigation by the UN group and said there was no need to ‘overemphasise’ the visit as the government was taking all measures for protection of human rights. ‘This group is neither mandated to fact-finding nor investigating,’ she remarked. ‘There should be no ambiguity about this visit. It has a clear mandate. Pakistan has also been the member of UN Council on Human Rights and presented two reports’ she added.

She said that Pakistan had a mechanism in place for protection of human rights and the commission on missing persons was working, the Supreme Court had taken suo motu notice of the issue and the government was all sincere in protection of human rights. Khar said Pakistan has also ratified many protocols and conventions of the UN regarding human rights and that shows the commitment of the government to protect rights of women, children, minorities and other vulnerable segments of the society. ‘The mandate of the working group is to engage with the governments to promote human rights. It is not mandated to fact-finding or investigation’ she added.

She mentioned three phases of the special procedure regarding the visit and said that the first step was a visit in May 2012, the second one was the arrival by UN Human Rights Council chief in June 2012 and the arrival of working group was the third one. ‘After the visit, the UN Human Rights Council chief had appreciated Pakistan government’s steps and also raised the drone attacks issue with the US government.’Terming the visit in conformity with the global norms, Hina Khar said head of Pakistan’s Commission on Missing Persons, Justice (Retd) Javid Iqbal had also met with the group at Geneva.’We should not be defensive to the visit. We are a democratic and pluralist country where judiciary is independent, media is free and civil society is robust. All these features manifest that we protect human rights,’ she added.

 The families of missing persons stayed at this camp for several months. More than a dozen disappeared persons men released in view of this protest. The abduction of people without lawful authority is crime against humanity.
 She said Pakistan was doing a commendable job and it should be proud of the mechanism in place and the steps taken to meet the human rights, challenges. She reiterated that the working group had a clearly crafted mandate, adding, ‘We are sure that they will work within their mandate. ‘Pakistan remains committed to protect the human rights regardless of colour, creed, race and social status,’  she said and cautioned that the parliamentarians especially needed to be careful and take the visit in its true context. ‘We need not be confused about it and mention it in the right context’ she asserted. Raza Hayat Heraj, the PML(Q) MNA who had raised his concerns about the UN working group’s mandate in the House, requested the chair to take up his adjournment motion on the subject. I had submitted an adjournment motion over the matter, it should be taken up in the House, he maintained. However, the motion was not allowed. The richest MP from Khyber Pakhtunkhwa, Noor Alam Khan, also a PPP jiyala, following the policy statement about mandate of UN working group, stood up and confronted the foreign minister with a volley of questions about the inability of the United Nations working group over the status of parliamentary resolutions on drone attacks and about the atrocities committed by the Indian forces against innocent people in the Indian-held Kashmir. He also termed the policy statement as a diplomatic answer.

A senior legislator from opposition benches Ayaz Mir, on a point of order, raised serious concerns about Balochistan’s law and order situation. ‘We should learn lesson from the past. Situation in Balochistan has reached to such a level that Pakistan’s flag hoisting had become difficult. When are we going to take cognizance of the situation in Balochistan?’ he asked.

Relating the East Pakistan crisis with the situation in Balochistan, Mir was of the view that military leadership was not focused over this issue. PML(N) legislator Lt Gen. (Retd) Abdul Qadir Baloch said that the deteriorating law and order situation in Balochistan should be the top priority of the government. ‘Creation of new provinces could be discussed later but first take care of the provinces you already have. Stop ridiculing the federation. We need protection of our rights’ asserted the retired general who also served as corps commander Quetta’

The issue of missing persons is sensitive and complicated, it must be resolved on priority basis. If we keep our house in order no foreign power or organisation would dare to interfere in our internal matters. The elected government and security establishment should jointly solve this problem in the best national interest.

By: Qayyum Nizami

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