Daily Times

Enforced disappearances have long been a stain on Pakistan’s human rights record. Now a days this enforced disappearance is making highlights in all across Pakistan. Sadly,despite the pledges of successive governments to criminalize the practice, there has been slow movement on legislation while people continue to be forcibly disappeared with impunity.

The groups and individuals targeted in enforced disappearances in Pakistan include people from Sindhi, Baloch, Pashtun ethnicities, the Shia community, political activists, human rights defenders, members and supporters of religious and nationalist groups, suspected members of armed groups, and proscribed religious and political organisations in Pakistan. Over the last decade many Baloch and almost 5,000 Sindhis have gone missing from Balochistan and Sindh provinces in Pakistan. Friends and family members organized thousands of protests, filed countless litigations in the courts, approached big media groups and human rights organizations but none of these haloed institutions did anything. Absolutely nothing.

In fact, the number of missing persons has been increasing in Sindh, much like Balochistan, and men are being picked up without any warrants by unknown people, without their family’s knowledge. Some have been released but others are still missing, some for years.

In recent years, there have also been a number of “short-term enforced disappearances”, where the victims include bloggers, activists and others who are seen to be critical of the state. After apparently being interrogated in secret detention for weeks or months and reportedly being subjected to torture and other forms of ill treatment, they are released without being charged with any offence.

The PTI government under the leadership of Prime Minister Imran Khan has committed to criminalizing enforced disappearances. In January 2019, Pakistan’s Ministry of Human Rights submitted a draft bill to the Ministry of Law and Justice to criminalize enforced disappearances, through an amendment in the Pakistan Penal Code. ShireenMazari, the Minister of Human Rights has also stated that the government wants to sign the International Convention for the Protection of All Persons from Enforced Disappearance. While criminalization of enforced disappearance is an important and positive first step in ending these ongoing human rights violations, the process has not included consultations with civil society groups and victims’ families. But from 2019 till now, not a concrete action has been taken by the government as enforced disappearances is happening on daily basis.

While talking with few civil society activists they were on the view that enforced disappearances is a crime against humanity and part of the charter of the International Court of Justice

On November 10, 2020, a group of such desperate people from Karachi decided to walk on foot for 1,412 Kms to protest in front of the Rawalpindi. Their protest was against the enforced disappearance of Sindhi and Baloch. They were on the view that enforced disappearances are a flagrant violation of the law and usurp the fundamental human rights of the citizens.

According to the “The Commission of Inquiry on Enforced Disappearances (COIED)”, about2178 cases unresolved as of now. As per the Commission’s recent monthly report48 cases disposed of in the month of January 2019, included 46 traced persons out of which 29 were returned home, 10 were traced to internment centers, five are in jails on terrorism charges and two were described as “dead bodies”. The UN Working Group on Enforced or Involuntary Disappearance has more than 700 cases pending from Pakistan. The number of cases of victims of enforced disappearance recorded by victim groups are much higher. Victim groups and the civil society have serious concerns with regards to the effectiveness of Pakistan’s COIED, primarily that it is not using its powers to investigate and hold the perpetrators accountable and that it does not have civil society or the victim groups representation on its board.

While talking with few civil society activists they were on the view that enforced disappearances is a crime against humanity and part of the charter of the International Court of Justice.  Moreover, they urged the government for a new and impartial statutory commission that would bring forth results concerning the missing persons’ cases.

Interestingly, these rights activists doubt the government figures provided by the COIED as many families often do not approach the commission for fear of reprisal. The number of cases of enforced disappearances is much higher than reported.

Hereby, I want to highlight that enforced disappearances are crimes under international law. All States have an obligation to promptly, thoroughly, impartially and effectively investigate allegations of enforced disappearance to bring those responsible to justice, and this practice should be implemented in Pakistan without any more delays. The Government should hold real and meaningful consultations with all concerned stakeholders including victims’ groups and human rights organizations –on the need for a new statutory commission that meets international standards.

The writer is a social and political activist. He has done his Maters and MPhil in Communication Studies.He can be reached at salmanali088@gmail.com, tweets at Salmani_salu