Known among his friends in AFAD from his confidence and regal-like bearing, Farooq Niazi is the current coordinator of the Truth and Justice Commission (TJC) based in Muzaffarabad, Pakistan. A tireless advocate, he is a founding member of the Human Rights Movement in Pakistan and has served as president of the Civil Liberties Council for eight (8) years.
Pakistan continues to be under the pale shadow of uncertainty and despair. The last rose petal has withered, due to the announcement of General Pervez Musharaf that he will continue to hold the post of Army Chief and President after 31 December 2004. It was a shocking announcement for those who still believe that the Constitution of Pakistan and its Army can co-exist.
According to Article 6 of the Constitution of Pakistan, any person who abrogates or attempts or conspires to abrogate, subvert or attempts or conspires to abrogate or subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
Two generals of Pakistan since the enforcement of the present Constitution in 1973 have abrogated the Constitution with impunity and ruled Pakistan with ruthless brutality. The first general to do so was General Zia Ul Hag who declared that, “What is a Constitution,but a piece of paper.” This piece of paper in civilized countries is no less than the political and legal Bible, Quran or Gita of the country. Every comma, letter, word, sentence of the Constitution is sacred and cannot be changed by a single individual in a uniform with some stars on his shoulders. A Constitution is a not an act of the government but of the people constituting a government, and a government without a Constitution is power without right.
The second general to abrogate the Constitution and put it in abeyance is present President Musharaf. It is important to mention that both General Zia and General Musharaf have committed the offense of high treason. It goes without saying that none has been punished.
It makes it clear that Pakistan is still in a state of nature, where might is right. The Pakistani Constitution has gone through many trials and tribulations and has been amended and re-amended to suit the needs of each new ruler. However, the individual and his/her rights have conveniently been forgotten.
A Constitution establishes a social contract between the citizens and the state and defines legal and institutional contours for both rulers and the ruled. It is the Constitution of the country from which the country draws its sovereignty and it is simply the supreme law of the land. The Constitution is a system or body of fundamental principles according to which a state is constituted and governed.
The Constitution of Pakistan has incorporated all the rights defined in the Universal Declaration of Human Rights of 10 December 1948. But this Constitution is nothing but a piece of paper in the eyes of its ruler. If salt loses it savor, from where will it be salted?
All the governments installed in Pakistan since its creation in 1947 were operated, dominated and controlled by individuals rather than regulations, rules, and the Constitution. Pakistan’s administrative set-up was dominated by British-trained persons with their roots in a closed feudal society. All of them were strongly guarding the interests of the existing social and economic classes in order to perpetuate the ruthless exploitation of the masses. All shows on the political stage were just masquerade exercises.
A tug of war exists between rulers and ruled in the history of Pakistan. The people of Pakistan are writing their history with their blood and tears, while on the other hand, their rulers are writing their history by the use of guns, by killing people and causing disappearances.
Disappearances are believed to occur on a wide scale in Pakistan. There are credible reports that police and so-called law enforcing agencies throughout the country and especially in troubled areas cause disappearances. The police does not file reports. There are thousands of cases of unsolved disappearance in which relatives claim that an individual was taken into custody by the police or a law-enforcing agency, but never heard from again. The police usually deny these claims in the court, countering that there is no record of arrest or that he is missing.
The other agency involved in disappearance is military intelligence. The Inter-Service Intelligence (ISI) is the most powerful agency involved in abductions causing disappearance. At present, and the Federal Bureau of Investigation (FBI) of the United States are jointly involved in causing disappearancess. It is estimated that more than 500 persons from Pakistan have been abducted and taken to different places in gross violation of the law of the land. The whereabouts of all the abducted persons are not known. Worse, even non-state agents are also involved in abductions causing disappearances.
The root cause of disappearance is non-adherence to the basic rules of law and utter disrespect for the supreme law of the land—that is, the Constitution of the country. The 1973 Constitution which is presently enforced in the country is a pale shadow of the original Constitution. The periodic rape of the Constitution that has taken place during its 56 years of history is a direct attack on the freedom of an individual. From the first Constituent Assembly of Pakistan to the present day, the individual has never been considered central to the debate.
The most disappointing factor is that people have lost hope in all the institutions of the state. The political theater of Pakistan has become obsolete and redundant. The ridiculous melodrama repeated after a few years has lost even its cowboy thrills. Cowboys cannot build a nation. They can only drive their cattle to grazing pastures. An edifice built on fragile structure is bound to collapse.
In response to this constitutional vacuum and the phenomenon of disappearances, the Truth and Justice Commission (TJC) was established on 10 December 1999 as an independent chapter of the Human Rights Movement. Its mandate is:
1. to register cases of grave human rights violations with special stress on enforced disappearances;
2. to organize families of victims of grave human rights violations, including the victims and family members of enforced disappearances;
3. to rehabilitate victims and family members of disappeared persons and victims of tortures;
4. to educate victims and their family members on human rights and ensure remedies available within the legal and constitutional set-up of the state and also from international fora; and
5. to associate, cooperate with and participate in international movements for a better world, free from grave human rights violations, particularly enforced disappearances caused by state and non-state agents.
Since its inception, TJC took bold initiatives in order to register the cases of disappearance and also to organize the victims and their family members. It proved a tough job as most of the disappearances were caused by powerful state and non-state agents. Cases in which non-state agents are involved have practiced brutality in order to create fear and psychosis. It proved very difficult to convince the victims and their family members to organize and fight back. Most of them have become psychologically wrecked. It was a difficult job to convince the victims and their family members that the severity of their tragedy can be mitigated by struggle and unity, and that the struggle can serve as a guillotine for the perpetrators of the offense.
Our struggle for a better world, based on the Universal Declaration of Human Rights, is a continuous struggle. We are doing our bit and are partners in this universal struggle.
In 2004, TJC recorded 15 new cases of disappearances, four (4) of which have been documented. A survey of Neelum Valley which is adjacent to the Line of Control dividing Kashmir between India and Pakistan was partially conducted. It was discovered that 58 persons have disappeared in the small region in which the survey was conducted. It was a huge work but due to some problems, the survey could not be completed. The survey to locate the cases of disappearances have been postponed but not dropped.
On a more positive note, TJC successfully accomplished a small project related to the rehabilitation of the families of the victims. The project money was very small but the requirements were huge. Skills development training in the field of apiculture tailoring and handicrafts were given to 22 persons belonging to the families of victims of enforced disappearance. A honeybee production center was established with 10 beneficiaries. It proved to be a success story but its final success depends on the pursuance in the field.
The situation in Pakistan has turned for the worst. The joint hunt being conducted by Pakistani intelligence agencies and the FBI has so far abducted more than 500 persons from different parts of Pakistan. In the tribal area of Wizarastan, military action has begun since 10 months ago. The exact number of the disappeared persons during this period is not yet known but the situation is very alarming. Even American forces are also involved in abductions leading to disappearances. The process of combating terrorism by state terrorism has exposed the ugly and brute face of the state agencies.
The year 2004 was full of activities. TJC had both success and failure. The overall situation in the region became slightly pleasant due to the Indo-Pakistan parleys. A slender hope is still flickering. The enemies of peace are not happy with the situation. The traders of human miseries always want war.
On the national canvas, dark clouds are still making life and liberty subservient to the wishes and whims of a usurper. There is complete political suffocation. The long winter continues to dampen the spirits, enthusiasm and creative potentials of the people of Pakistan.
Foonote
1 ISI - Interservice Intelligence. It is an agency under the Ministry of Defense, it was created in 1948 in response to the Indo-Pak war. It is resonsible for collection of data regarding insurgent groups and legal opposition parties.
