A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status
PAKISTAN: Rule of rights and law required to combat militancy and grave violations
Pakistan is in the firm grip of Muslim fundamentalist militancy, which is destroying the fabric of its society. The growth of militancy has been actively overlooked by the governing powers since the so-called ‘war on terror’, but even before that when Islamic militancy was directed towards Pakistan’s neighbours, particularly India and Afghanistan, it tended to garner national sympathy. Jihad – or holy war – has long been a feature in school curricula, where political usurpers rather than academics or other pioneers are hailed as national heroes.
Reports suggest that the Pakistani armed forces have lately chosen to covertly promote and strengthen militant groups rather than engage directly with neighbouring governments – essentially starting proxy wars – while the government accepts funds with the other hand to fight fundamentalism.
The close working relationship between the military and its intelligence agencies, the Taliban and other Muslim militants should be of utmost concern to Pakistani citizens, the country’s neighbours and the international community as a whole. Many areas in the northern parts of the country (particularly, Swat, Buner, Dir districts and other parts close to the capital) are under the direct control of militants, who are executing civilians on a daily basis for not following Taliban-style Shariah laws.
The short term consequences of the conflict – waged by a relatively small section of the military, mostly from the air – are high civilian casualties and mass migration south of an estimated one million persons, according to latest reports. Pakistanis in the north are caught in a faux war between the army and the Taliban, and those not killed by artillery or exposed to hunger and disease on the route south, are experiencing extra-judicial judgments from the Taliban. Dead bodies strung from poles are becoming a common occurrence, as are public floggings and the seizing of their homes and property. Children are dying due to the lack of access to food, water and medicines. Sectarian riots are likely as the situation becomes increasingly insecure.
The increased militarization that is taking place in Pakistan is evidently going to further damage any prospects of the realisation or enjoyment of a range of human rights, be they economic, social or political. As civil systems break down and the value of civil policing is diminished, crime and human rights violations multiply and corruption escalates unchecked. Incidences of rape are likely to increase and society sees a marked reduction in the value of women. In this case, thanks to an already violently oppressive ideology, women will be hit even harder.
The repeated toppling of elected civilian governments by the military has led to significant instability, the breakdown of the rule of law and the resultant formation of militant groups.
This decline has been under way for years in Pakistan, since General Zia ul Haq’s Islamisation drive (1977 to 1988) increased the significance and number of the nation’s madrassas (from approximately 2,000 to 200,000). Under General Musharraf, who presented himself as a moderate, an alliance brought religious groups into the main polity and utilized them militarily in Kashmir and Afghanistan. Leaders in Pakistan have long been seen to court religious conservative groups to maintain their grasp on power and, arguably, to keep democracy at bay. Intelligence services within the army are reportedly training armed groups and forming seminaries.
It is a sad fact that other states, particularly the US and in Europe, have traditionally taken a mild stance on the military leadership in Pakistan. This has included weak oversight concerning the fate of billions of dollars donated to combat the militant problem. After 9/11 the military government was furnished with US billion to combat the Taliban, Al-Qaeda and Islamic militancy, and yet there is very little information available as to how these funds were used.
Military expenditure and action should be transparent and accountable to civilian oversight. While it is vital to counter the threat of terrorism and fundamental militancy in the country, in order to protect the lives and rights of Pakistan’s citizens, it is important to accompany military action with the strengthening of the institutions of the rule of law and justice dispensation to ensure that the reach of the State is accompanied by security and predictability.
