Laaltain

Pakistan’s Responsibility to Protect

4 فروری، 2015

The dead­ly assault on cen­tral Imam­bar­gah in Shikarpur on Jan­u­ary 30, alleged­ly by the TTP splin­ter Sun­ni mil­i­tant group Jun­dul­lah, which killed more than 60 Shia Mus­lims and left as many severe­ly injured, is not the first of its kind on the Shia pop­u­la­tion of Pak­istan. It is a con­tin­u­a­tion of hun­dreds or per­haps thou­sands of large and small unstop­pable and seem­ing­ly inevitable attacks, for last cou­ple decades now, on the Shia com­mu­ni­ty in the coun­try. The recent blast and the hav­oc and destruc­tion it wrought on the peo­ple of this com­mu­ni­ty clear­ly shows that the Pak­istani poli­ty has express­ly failed so far in its respon­si­bil­i­ty to pro­tect its civil­ian pop­u­la­tion in gen­er­al and reli­gious minori­ties in par­tic­u­lar.

Accord­ing to pre­vi­ous stud­ies by the Glob­al Cen­tre for the Respon­si­bil­i­ty to Pro­tect (GCR2P), Pak­istan’s reli­gious minori­ties, par­tic­u­lar­ly the Shias, are at risk of poten­tial mass atroc­i­ty crimes due to sec­tar­i­an attacks by out­lawed Sun­ni mil­i­tant groups like the TTP, Sipah-e-Saha­ba aka Ahle-Sunat-Wal-Jamat, and Lashkar-e-Jangvi in the coun­try. Although the GCR2P has been a bit light-hand­ed and gen­er­ous in its analy­sis and scruti­ny, I strong­ly believe that Pak­istan cer­tain­ly comes in the loop of coun­tries, not imply­ing the ilk of Libya or Syr­ia, who have failed so far in their pri­ma­ry respon­si­bil­i­ty to pro­tect their pop­u­la­tions from geno­cide and mass atroc­i­ty crimes.

Defin­ing the respon­si­bil­i­ty to pro­tect

The respon­si­bil­i­ty to pro­tect, often termed R2P, prin­ci­ple grew out of the fail­ures of states to pro­tect their pop­u­la­tions and the inac­tion of inter­na­tion­al com­mu­ni­ty in the face of tragedies of mass atroc­i­ties dur­ing the 1990s. After the mass atroc­i­ty crimes in Rwan­da and Sre­breni­ca, the then Sec­re­tary Gen­er­al of the UN, Kofi Annan recalled in his 2000 Mil­len­ni­um Report, “If human­i­tar­i­an inter­ven­tion is, indeed, an unac­cept­able assault on sov­er­eign­ty, how should we respond to a Rwan­da, to a Sre­breni­ca, to gross and sys­tem­at­ic vio­la­tion of human rights that offend every pre­cept of our com­mon human­i­ty?” Act­ing on his call, sub­se­quent­ly, in 2001, an inde­pen­dent Cana­di­an-led Inter­na­tion­al Com­mis­sion on Inter­ven­tion and State Sov­er­eign­ty (ICISS), tasked with devis­ing an alter­na­tive con­cept and strat­e­gy for pre­vent­ing con­science-shock­ing crimes against human­i­ty, came up with the idea of R2P which was lat­er unan­i­mous­ly endorsed by the Gen­er­al Assem­bly in 2005. Broad­ly speak­ing, R2P is based on three large pil­lars: First­ly, build­ing up on the idea also expound­ed in the Gene­va Con­ven­tions of 1949, it is every state’s respon­si­bil­i­ty to pro­tect their pop­u­la­tions from four crimes i.e. geno­cide, war crimes, crimes against human­i­ty, and eth­nic cleans­ing. Sec­ond­ly, oth­er states should assist a fail­ing state in its respon­si­bil­i­ty to pre­vent or halt mass atroc­i­ty crimes. Third­ly, if a state is man­i­fest­ly unable or unwill­ing to do so, it becomes the respon­si­bil­i­ty of inter­na­tion­al com­mu­ni­ty to pre­vent a con­flict through its full and active engage­ment, includ­ing the use of mil­i­tary force. The cousin con­cept of human­i­tar­i­an inter­ven­tion, R2P is a more com­plex, mul­ti­di­men­sion­al, and com­pre­hen­sive prin­ci­ple, which offers an exhaus­tive toolk­it of diplo­mat­ic and non-mil­i­tary mea­sures for halt­ing crimes against human­i­ty, with, of course, the use of force as a last resort.

“If human­i­tar­i­an inter­ven­tion is, indeed, an unac­cept­able assault on sov­er­eign­ty, how should we respond to a Rwan­da, to a Sre­breni­ca, to gross and sys­tem­at­ic vio­la­tion of human rights that offend every pre­cept of our com­mon human­i­ty?”

How Pak­istan has failed in pro­tect­ing its cit­i­zens

I am not, by any means, imply­ing an inter­ven­tion of any kind in Pak­istan’s case, which may be pre­cip­i­tat­ed if it does not rise up to the pro­tec­tion of its reli­gious minori­ties, as some inter­na­tion­al human rights orga­ni­za­tions have already raised their con­cerns about Pak­istan’s fail­ure in this regard.

Pak­istan, since its birth, has not been gen­er­al­ly con­ducive to reli­gious minori­ties. The vio­lent Lahore riots of 1953 against Ahmedis claimed the lives of hun­dreds of mem­bers of their com­mu­ni­ty. That was the start, which has expand­ed to oth­er sects over time, and there does not seem an end of hate against and slaugh­ter of reli­gious minori­ties in sight yet. The Ahmedis were then con­sti­tu­tion­al­ly declared non-Mus­lims in 1974 under Bhut­to regime due to pres­sure from reli­gious right wing, and have since been per­pe­trat­ed vio­lence against.

Sim­i­lar­ly, 50 fam­i­lies, all from Balochis­tan, of Par­sis have left the coun­try from fear of per­se­cu­tion and kid­nap­ping for ran­som of high pro­file mem­bers of their com­mu­ni­ty. The Human Rights Com­mis­sion of Pak­istan’s (HRCP) report con­firms this fact. Hin­du women in inte­ri­or Sind have been com­pelled on forced mar­riages and unwill­ing accep­tance of Islam. Sim­i­lar­ly, pagan com­mu­ni­ties in the Kalasha Val­ley and adjoin­ing areas have also been threat­ened with vio­lence. In the same vein, Chris­t­ian com­mu­ni­ty has been harassed, par­tic­u­lar­ly over the last decade, through black (blas­phe­my) laws where jus­tice is dis­pensed in the pub­lic court run by mind­less, vio­lent, and extreme­ly reac­tionary mob. Attacks have also been per­pe­trat­ed on most of the impor­tant Sufi shrines of the coun­try.

Since 1980s when Zia let the genie of reli­gious extrem­ism and sec­tar­i­an­ism out of the bot­tle, accord­ing to the HRCP, over 4000 Shias have been killed in Pak­istan.

The worst of all, the Shia minor­i­ty group, which makes about 15–20% of Pak­istan’s total pop­u­la­tion, is the main vic­tim of sec­tar­i­an vio­lence in the coun­try. Among Shias, par­tic­u­lar­ly, the Haz­ara Shia com­mu­ni­ty, com­pris­ing about 500,000 mem­bers in Quet­ta, has suf­fered the brunt of sec­tar­i­an attacks chiefly because they are an easy prey due to their Mon­go­lian facial fea­tures to whom their descent is traced. More­over, Karachi, Lahore, Rawalpin­di, Chi­las, Para Chi­nar, and Gilgit have also remained the hotspots of anti-Shia sec­tar­i­an vio­lence.

Since 1980s when Zia let the genie of reli­gious extrem­ism and sec­tar­i­an­ism out of the bot­tle, accord­ing to the HRCP, over 4000 Shias have been killed in Pak­istan. Pat­terns of sec­tar­i­an vio­lence against reli­gious minori­ties over the last decade show that the per­pe­tra­tors have main­ly tar­get­ed church­es, Shia Imam­bar­gahs and mosques that belong to the Ahme­di com­mu­ni­ty. Some oth­er pop­u­lar pat­terns of sec­tar­i­an vio­lence have been the tar­get­ed killing of pro­fes­sion­als, shop­keep­ers, busi­ness­men, zairin (Shia pil­grims) trav­el­ing to Iran and Iraq, and reli­gious lead­ers of the Shia com­mu­ni­ty. The Shias have also been at times reac­tive but large­ly peace­ful.

Sim­i­lar­ly, attacks have also been direct­ed at the Haz­ara Shia stu­dents, espe­cial­ly in Quet­ta. The Haz­ara Shia Stu­dents aboard bus­es in the city have been tar­get­ed. Among many, one such hor­ri­ble attack was at the bus of Sar­dar Bahadur Khan Uni­ver­si­ty in Quet­ta in which more than 30 under­grad and grad female stu­dents were killed. For­tu­nate­ly, on that same day, my sis­ter who was also a mas­ters stu­dent of Eng­lish lit­er­a­ture at the same Uni­ver­si­ty, had been absent. It could have been her too.

Due to fear from attacks, hun­dreds of Haz­ara stu­dents dropped out from col­leges and uni­ver­si­ties in the city. In the wake of the attacks, the non-Haz­ara stu­dents declined to share bus­es with them, as bus­es car­ry­ing Haz­ara stu­dents were threat­ened by sec­tar­i­an groups.

More­over, thou­sands have been forced to migrate, both legal­ly and ille­gal­ly, main­ly to Aus­tralia and Europe. Hun­dreds died in the sea when old, inex­pen­sive, and over­loaded boats car­ry­ing poor migrants, cap­sized sev­er­al times. Sec­tar­i­an vio­lence and Shia mas­sacre and per­se­cu­tion of oth­er reli­gious minori­ties are the specifics of bla­tant vio­la­tions of human rights and inter­na­tion­al human rights law in Pak­istan. Over 60, 000 Pak­ista­nis, both civil­ians and secu­ri­ty per­son­nel, have been killed in ter­ror­ism relat­ed inci­dents over the last decade.

Since Pak­istan is a mem­ber of the Unit­ed Nations (UN) and a par­ty to human rights dec­la­ra­tions, treaties, con­ven­tions, and covenants such like the Uni­ver­sal Dec­la­ra­tion of Human Rights (1948), Inter­na­tion­al Covenant on Civ­il and Polit­i­cal Rights (1966), and Inter­na­tion­al Covenant on Eco­nom­ic, Social, and Cul­tur­al Rights (1966), it becomes its utmost respon­si­bil­i­ty to uphold both nation­al and inter­na­tion­al law. There has to be a quick and robust action to defeat sec­tar­i­an­ism, main­ly against the Shias and gen­er­al­ly against reli­gious minori­ties. Though there seems some con­sen­sus and action in gov­ern­men­t’s pol­i­cy in the post-Peshawar school attack, it is not suf­fi­cient.

Steps for ful­fill­ing the respon­si­bil­i­ty to pro­tect

In this regard, first and fore­most, Pak­istan has to dis­own and dis­tance itself from the Sau­di-led-and-run noto­ri­ous Wah­habi war against its Shia com­peti­tor, Iran, for Sun­ni ascen­dance in the region. Sec­ond­ly, extrem­ist and mil­i­tant Sun­ni groups cre­at­ed by the state for strate­gic pur­pos­es in Kash­mir, India, Afghanistan, and occa­sion­al­ly against the west, must be dis­band­ed. The ban should mean, like Huma Yusuf asserts, the arrest of the lead­er­ship of the banned groups and ways to stop the recur­rence and resur­gence of these groups under dif­fer­ent names, which has repeat­ed­ly hap­pened in Pak­istan. No group should remain out of state’s con­trol. The state has to reclaim its inde­pen­dent and sov­er­eign pow­er. It can if it wants to defeat reli­gious ter­ror­ism and sec­tar­i­an­ism.

Third­ly, the finan­cial sup­port of these groups from Riyadh and Gulf monar­chies must be cut down. Fourth­ly, the cul­ture of impuni­ty for the ter­ror­ists must end, as it has been pre­cise­ly the rea­son that has failed us so far in defeat­ing this evil. If the Sharif broth­ers are afraid of Asmat­ul­lah Muaw­iah and want to cut a deal with him after his involve­ment in ter­ror­ism for a long time, they must rethink their pol­i­cy or step down. They are elect­ed to save the nation, not Rai­wand or only Pun­jab. Hafiz Saeed, Malik Ishaq, and their ilk must be declared as ter­ror­ists and put in jail for life time.

If the Sharif broth­ers are afraid of Asmat­ul­lah Muaw­iah and want to cut a deal with him after his involve­ment in ter­ror­ism for a long time, they must rethink their pol­i­cy or step down.

Fifth­ly and most impor­tant­ly, at least on the issue of reli­gious ter­ror­ism and sec­tar­i­an­ism, all polit­i­cal par­ties must take a unit­ed stance, as it is a seri­ous com­mon threat to the nation’s sur­vival. Short of a unan­i­mous nation­al pol­i­cy stand­point and con­cert­ed efforts against extrem­ism, all par­ty con­fer­ences do not mean any­thing. What mat­ters the most is what all polit­i­cal par­ties do togeth­er for defeat­ing reli­gious sec­tar­i­an­ism and ter­ror­ism. In this regard, the Shar­if’s con­ser­v­a­tive PML‑N, in dis­re­gard of the fear of los­ing its vote bank to the Imran’s ultra-con­ser­v­a­tive Pak­istan Tehrek-e-Insaf (PTI) in Pun­jab, must gen­er­al­ly change its atti­tude and pol­i­cy towards extrem­ist groups in the province. The PTI leader, Imran Khan, must also reframe his think­ing towards reli­gious mil­i­tants. The reli­gious polit­i­cal par­ties such as Jami­at-Ule­ma-e-Islam Faza­lur Rehman (JUI‑F) and Jamaat-e-Isla­mi (JI) must give up their cul­ture of denial and hypocrisy. The right wing reli­gious polit­i­cal lead­er­ship must either side with the state in its nar­ra­tive and action against reli­gious ter­ror­ism, or step aside and face the con­se­quences. Much com­mend­able in this regard though, has been the role of Awa­mi Nation­al Par­ty (ANP), Mut­tahi­da Qau­mi Move­ment (MQM), Pukhtunkhwa Mil­li Awa­mi Par­ty (PKMAP), and Pak­istan Peo­ples Par­ty (PPP).

Sixth­ly, Madaris (reli­gious sem­i­nar­ies) that spread hate must be closed down. Gen­er­al­ly, Madaris must be strict­ly scru­ti­nized and brought under state’s con­trol. The Madaris’ lead­ers who fail to act in line with the state’s nation­al pol­i­cy on ter­ror­ism must be put in jail for there can nev­er be a state with­in a state. Final­ly, the Oper­a­tion Zarb-e-Azb must con­tin­ue. The judi­cia­ry, police, and oth­er secu­ri­ty insti­tu­tions must uti­lize their full strength and resources to bring the per­pe­tra­tors of vio­lence to the book. The secu­ri­ty of judges of civil­ian courts must be ensured for fair­ly and judi­cious­ly decid­ing ter­ror­ism cas­es.

(Con­tin­ued)

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