Daily Times

Can someone explain to me, whether I am a wife or the widow of Shabir Baloch…? Who was allegedly abducted by security forces from Dist Kech on 4th Oct 2016, protested Zarina Baloch.

“I need to know the truth,” says the grieving mother. “Even if it would be too bitter for me, it would be the end of my suffering” Nino Sulaberidze (in the village of Khashuri from Tbilisi). Many wives begged to be taken along with their husbands. Some asked to be killed in his place so that their children would be provided for. Having no tombs to visit, between hope and despair, dwelling in a living hell, the countless members and relatives of missing persons.

Every year, ordinary people fall victim to enforced disappearance and vanish without a trace after being abducted or detained by government officials or those acting with their tacit will. Those responsible often refuse to acknowledge the occurrence of disappearances or may even excuse them as part of counter-terrorism activities.

Authoritarian regimes along with their proxies try to instill fear and maintain control by disappearing human rights advocates, political activists, environmental defenders, journalists, students and also children. This practice is an egregious violation of human rights prohibited under International as well as domestic laws, yet continues to be used to silence the majority.

People have the right to know what happened to their missing relatives. Governments and military authorities have a responsibility to provide information and assist efforts to put families back together. Missing people is a psychosocial phenomenon with a heavy societal cost associated with it, particularly children.

Missing people is a psychosocial phenomenon with a heavy societal cost.

It is a tragedy for the person who disappears, but the other victims are the families suspended in limbo, suspecting their loved ones are dead, yet unable to mourn, and in the absence of proof constantly tormented by the possibility of a miracle.

Many spend years, and their life savings, in a fruitless search. Stories are rife of racketeers posing as lawyers, taking money from desperate families in return for legal aid that never delivers.

Many times it is the breadwinner who goes missing. Left to support the family, mothers, and wives often face a life of poverty. This delay can seem like an eternity, as family members are unable to move on, sell property, remarry, or simply hold funeral rites.

The right to know the fate of a relative is a fundamental concern of International Humanitarian and Human Rights law. The legal obligations are laid out in the Geneva Conventions and their Additional Protocols, along with the new International Convention for the Protection of All Persons from Enforced Disappearance. International law is clear: it is illegal to make people disappear, and next-of-kin must be informed about captured, wounded, or deceased relatives without delay.

The challenge is to ensure that States adopt and implement such rules. “If everyone respected international humanitarian law there would be no missing persons” points out Maria Teresa Dutli, former head of the ICRC’s Advisory Service on IHL.

Countless families not knowing whether their loved ones are alive or dead, are unable to put behind them the violent events that disrupted their lives, their anxiety continues for years and years.

They cannot move on to rehabilitation and reconciliation. How to heighten awareness among governments, the military, and the general public, international and national organizations about the tragedy of people who disappear, as considering the mysterious fate of all missing persons “The Confirmation is better than an ambiguous loss”.

The right course to unravel the mystery of the disappeared lies with the government authorities and court to follow the faultless way of presenting the suspects in the court of law.

If they have committed any crime, they should be punished by the law. But at least, don’t hide them in dark torture cells or private jails. While positive court orders were administered in such cases, regrettably, the recovery of the disappeared remained elusive. Though the families of the Missing Persons expect a verdict in their favour, realistic observers are sceptical that the weak and compromised justice system will barely be able to give justice to the victims.

The absence of political will among those directly concerned, and the lack of cooperation on the part of those who might persuade them to act, often make preventing and clarifying disappearances an extremely arduous task.

Families waiting for information on the fate and whereabouts of their relatives have specific needs. These include the need for administrative, economic and psychosocial support, the need to have their suffering acknowledged, and the need for justice.

The writer is an advocate High Court and a social activist. She posts on LinkedIn @Bina Shahid,
X: @faraz_bina and can be reached at binashahid21@gmail.com