Pakistan Government's Attack on Human Rights Organisations in Pakistan

A Year on the Edge:

The Government's Attack on Human Rights Organisations in Pakistan

May 5 1998 - May 13 1999

1998

5 May Punjab Social Welfare Minister announces intention to scrutinise all NGOs receiving funds from abroad. (Jang 5.5.98)

6 May Bishop John Joseph sacrifices his own life to draw attention to the victimisation of Christians under the Blasphemy Laws (Section 295 of the Penal Code). Police viciously attack protesters in Lahore, hospitalising scores of people and arresting hundreds. JAC issues several press statements and holds a seminar and press conference.

28 May Pakistan goes nuclear, following India's nuclear tests on 11 May; public euphoria widely publicised on official media. Many NGOs protest against the nuclearisation of South Asia, condemning both governments and urge them to desist through press statements, demonstrations etc. In Lahore NGO efforts are again coordinated through JAC.

28 August Government moves 15th Amendment to the Constitution Bill (CA-15) in the National Assembly. Trumpeted by the government as the "Shariat Bill", the CA-15 Bill has little to do with the shariat. Its main aim is to concentrate all power in the hands of the federal government over-riding the current parliamentary system and the judiciary. This extremely dangerous Bill is in keeping with moves by this government to install a civilian dictatorship or a monarchy. It would give the federal government absolute power to arbitrarily decide "what is right and what is wrong" and take action against those found wanting. The provinces' role would be greatly reduced if not entirely eliminated. It would come into effect "not withstanding anything contained in the Constitution, any law or judgement of any court". In the words of a constitutional lawyer: it would act like a computer virus &endash; eating away the Constitution from within until one fine day nothing will remain of the Constitution. Many NGOs immediately launched a campaign to stop its passage.

5 September Prime Minister Nawaz Sharif, addressing thousands of ulema and religious leaders at a National Consultative Convention on the Implementation of Islamic Shariah, says "you should spread all over the country and stand against all the forces which are opposing this Bill. You have been asking me to implement the Islamic system, I have done my job now it is your turn to play your part," adding "My entire government and its machinery is now at your disposalÉYou should launch a movement to force those opposing it to retreat and repent for their mistake." (The News 6.9.98)

September NGOs receive mysterious telephone calls from people claiming to be journalists and asking questions regarding their activities; on investigation, no people of such names found on the newspaper rolls.

9 October 15th Constitutional Amendment Bill passed by 151:16 (and 5 abstain; 45 absent) votes in the National Assembly, the lower house of Parliament. Currently the Bill has been stalled since the government does not enjoy a majority in the Senate. However it is also refusing to put the Bill on the Senate agenda to ensure that it remains pending until the elections to the Senate in March 2000 when the government expects to have a majority.

15 October Well-attended Lahore demonstration called by JAC and joined by opposition political parties.

September/ October Less well-known NGOs in smaller towns visited by intelligence agencies wanting to know whether they had participated in the anti- CA-15 demonstrations and whether they are connected to Asma Jahangir and the Human Rights Commission of Pakistan (HRCP).

21 October On a call from Women's Action Forum, women representatives of NGOs start resigning from government-NGO committees, working groups etc in protest over CA-15 and statements in support of CA-15 by the Minister of Women Development.

3 November NGO representatives meet with Senators in Islamabad to lobby against the passage of CA-15 in the Senate; letter circulated to all Senators.

4 November Press reports Punjab Minister for Social Welfare Pir Bin Yamin Rizvi as stating that NGOs working against Islam would no longer be allowed to function; the PML Government, he said, "would never tolerate NGOs who stage protests by some young girls against important national decisions."

5 November Public speech by P.M. Nawaz Sharif urges audience to "force the Senators into passing the Bill."

24 November Jamiat-ul-Ulema-e-Pakistan (JUP) files treason cases against 16 MNAs (the precise number which opposed CA-15), and all Senators opposing CA-15 receive threats that they will be declared beyond the pale of Islam.

8 December Islamabad, meeting in context of International Human Rights Day attended by donors, Ambassadors of donor countries, UNDP, various government officials, NGO representatives. NGO speakers use the occasion to highlight the threat posed by CA-15 and the state's disregard for human rights.

20 December Bin Yamin launches vitriolic and inflammatory attack in the local media on NGOs, specifically targeting women's rights-oriented organisations; incites people through press statements to burn down the Women's Institute.

26 December Bin Yamin addresses Press Conference saying: "all NGOs working in the Punjab will have to have clearance from provincial and federal intelligence agencies before they can get registered with the Social Welfare Department. All NGOs would have to give a written pledge that they are not involved in anti-state, anti-government, and anti-religion activities. Registration of all new NGOs had been stopped." He further accused the Women's Institute of "brainwashing young women and making them pursue a course that clashed with government policies." (Dawn 27.12.98).

31 December Article in the press gives a list of 29 NGOs registered under the Societies Act, half of them with a human rights focus, highlighting that they receive funds from abroad. Side by side is an article on NGOs regarding embezzlement - ignoring the fact that the NGOs involved were not from amongst those registered under the Societies Act.

Towards end 1998 Ninth-Five Year Plan - 1999-2003- (the national development plan) proposes series of controls on NGO sector directly undermining their ability to function independently.

1999

15 January 1999 Delegation from Punjab NGOs Coordination Council (PNCC) meets Bin Yamin to express concern regarding the attacks on NGOs and the Minister's statements against women's NGOs. Bin Yamin denies using the term 'anti-government' and recognises NGOs' constitutional right to disagree with government policies. It is agreed that dialogue will continue.

NOTE: Bin Yamin was acting beyond his jurisdiction when he sent people from the Social Welfare Deptt to organisations registered under the Societies Act. When this was pointed out to him he says the Chief Minister himself has asked him to investigate these groups.

30 January The attempt to dialogue continues. NGO delegation of PNCC and its federal equivalent the Pakistan NGO Forum (PNF) meets ChiefMinister Punjab. Bin Yamin attends meeting and states that NGOs should not take up cases such as Humaira Khokhar and support women from 'known families' (see Parallel Developments below). CM says that: that he will not tolerate opposition to the nuclear programme & CA-15, or organisations using women to harm the reputation of 'respectable families'. (The example he uses is of Humaira, the daughter of his member of the Punjab assembly and personal friend). He agrees that NGOs can do good work, but they have no business making political statements from their NGO platforms; this they should do as individual citizens. When one of the bureaucrats present intervenes to say that actually "political education" is included in the activities for which societies can be formed, the CM replies that the law will have to be changed.

14-15 March Report published in Islamabad newspaper stating that the government may use the sweeping powers under the federal Security Act to control NGOs. There are rumours of cases being built against specific NGOs. The number is usually 3, but we also hear - from a lawyer who claims he was asked to take them on - that there are 4 NGOs.

March NGOs under Societies also visited by Social Welfare Deptt officers.

April 5 Announcement that 2,945 NGOs out of 6136 registered with the Social Welfare Directorate in Punjab have been warned that they will be dissolved after May 15. The news report adds that "on the directive of the CM a vigorous crack down has been launched on all ghost NGOs." (The Nation 6.4.98)

April After considerable effort, NGOs manage to confirm that the move to change the law is on. The federal government has asked all 4 concerned ministries dealing with registration to send in their proposals for amendments in all registration matters. The recommendations of the Punjab have been received regarding Societies. The Punjab Registrar refuses to share a copy but sources within the department confirm that the recommendations are: all societies to stand de-registered and have 6 months in which to re-apply; activities for which societies can be formed to be replaced with a restricted list (schedule) as is the case for social welfare organisations (we also hear they are proposing to remove training and research from this list); this list can be amended at any time and any NGO falling outside this new list would stand de-registered; (no forums provided for appeal or discussion); provincial governments will be empowered to dissolve societies (at present this is only possible through a 3/5th of the membership),replacing the current clause whereby the government can take over the management of the society if it feels it is acting against public interest. This would obviously curtail the effective functioning of human rights NGOs.

May 7 NWFP government orders the Social Welfare Deptt. "to undertake a study about the functioning of NGOs to have a closer and deeper look into the working of these NGOs so as to eliminate ghost organisations and those that only exist on paper." Further that of 1500 registered "only 300 appear to be functional within the regulatory framework of the department." (Dawn 8.5.99)

May 10 1,941 organisations under Social Welfare de-registered in the Punjab. Announcement of 41 others under investigation, and the move to investigate all those registered as societies.

May Apparently 31 NGOs are being specially investigated. (This seems to tally with the 29 NGOs listed in the news article of 31.12.98 plus two of Lahore's well-known human rights NGOs not mentioned in the article. It is also close to the number of better known JAC members).

Parallel Developments

1.Attempts to dismantle independent judiciary and elected governments

On 23 November, the elected government in Sindh province is suspended and Governor's Rule imposed.

On 24 November, Military Courts are established in Karachi, passing many death sentences; two convicts are executed before Supreme Court rules MCs unconstitutional on 18 February 1999. They are replaced by Anti-Terrorist Courts operating under the jurisdiction of the superior courts. We now have various anti-terrorist/speedy trial courts functioning instead under the aegis of the High Courts.

Notably in the Lahore High Court, the appointments of independent and liberal judges are not being confirmed. For the first time in history, last week all Bar Associations (from District to Supreme Court level) boycott oath-taking ceremony of newly-appointed judges.

2. Humaira Khokhar Case

Humaira Khokhar defies her father (a member of the Punjab Assembly and friend of the CM) by marrying a man of her own choice. On 27 November, fearing for her life, she leaves the province and takes refuge in the Edhi Home, a private shelter in Karachi.

On December 2 Sindh and Punjab Police raid the Edhi Home. Overnight protests by activists pressurise Sindh Governor to send Humaira to government shelter Darul Aman for protection.

On 25 December, her family produces a false marriage contract with a cousin and registers a case of theft and bigamy (under the Hudood Ordinance) against her with the purpose of having her arrested and returned to Punjab. In Karachi, Humaira's counsel, Zia Awan, is helped by AGHS Legal Aid Cell (Asma Jahangir & Hina Jilani's office), SG, Women's Action Forum and HRCP, seeking to prevent her transfer to Punjab because of the threat to her life in a province where her father is well-connected. Sindh High Court grants a stay order on her transfer.

On 28 January, Humaira and her husband are arrested, and brought back to Lahore. Their safe return is only narrowly managed by the quick intervention of Hina Jilani, her counsel in Lahore. Over the next two-three weeks activists pack the Lahore High Court hearings on bail and quashment.

On 18 February 1999, Lahore High Court dismisses case against Humaira and orders punishment and inquiry against police officials involved.

On 21 February report appears in press that Humaira and her husband have reached Paris, managing to leave the country despite her father's connections and the full support extended to him by the Punjab government.

3. The Murder of Samia Sarwar

On 6 April 1999, Samia Sarwar (Samia Imran) is murdered by her family at the AGHS Legal Aid office of her lawyer, Hina Jilani; Shahtaj Qizalbash, paralegal Coordinator for AGHS kidnapped by Samia's uncle during their escape.

On 8 & 9 April, meetings and demonstrations in Peshawar organised by Sarhad Chamber of Commerce (of which Samia's father Ghulam Sarwar is President), at which ulema insist Samia was dealt with in accordance with tribal traditions and call for Asma Jahangir to be dealt with in accordance with "tribal and Islamic laws".

On April 9, Peshawar High Court Bar Association passes unanimous resolution deploring attack on Hina Jilani and her client in her chamber; calls for independent inquiry. Other press statements from political leaders and NGOs in Peshawar also condemn Samia's murder.

On 10 April, Barrister Bachaa, advocate representing Ghulam Sarwar, demands registration of case against Hina Jilani for double murder and kidnapping.

On 13 April, JAC-Peshawar demonstration against threats to human and women's rights organisations.

Around 20 April, a low ranking Police party is sent to arrest Samia's father.

On 3 May, Samia's father Ghulam Sarwar after securing interim bail, addresses press conference denying having murdered daughter. Samia's mother (present when Samia was killed) uncle and brother (named as the accused in the registered case) have not been arrested.

4. Attacks on the Media & Journalists

January - March Government pressurises The News, a local English-language daily, to sack anti-government journalists. Government withholds newsprint, forcing The News to drastically cut down pages published, and withholds government advertisements - a major source of newspaper revenue.

6 May Najam Sethi, Editor of a local English-language weekly, addresses press conference. Expresses fears of his arrest andconcern about journalists under attack: Mehmood Ahmed Khan Lodhi briefly picked up then released; Hussain Haqqani arrested

(journalist formerly 1990-93 Nawaz Sharif Government Press Advisor and subsequently Benazir's Press Advisor); Imtiaz Alam (a senior English-language journalist) car burnt; Ejaz Haider & Irshad Haqqani receive threats; arrest of Frontier Post owner Rehmat Shah Afridi.

8 May 2:30 am Najam Sethi picked up by policemen in uniform and others; physically abused. Jugnoo Mohsin, his wife threatened when she asks for a warrant, manhandled and locked in bathroom.Habeas corpus hearing fixed for Monday 10

10 May government says does not know Sethi's whereabouts

12 May Lahore High Court dismisses habeas saying Sethi is being questioned by the Inter-services Intelligence on a matter of national security. Same day the Inter-Services Press Relations (ISPR) says they are not involved.

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