PRESS RELEASE
AHRC-PL-108-Pakistan-2004

Pakistan human rights impeded by military, feudal leaders
 
(Hong Kong, December 9, 2004) The continued dominance of the military over all public institutions in Pakistan has done nothing to improve the country's human rights situation over the year, the Asian Human Rights Commission (AHRC) says.

The control of feudal and local leaders over the policing and administration of justice through tribal courts continues to cause gross injustices and rights abuses, the Hong Kong-based regional group notes.

"The hand of the military is seen increasingly in the work of the police, prosecution and judiciary," the AHRC says in its digest on Pakistan's situation to mark the international human rights day on December 10.

Recent incidents in Okara, where people were brutally assaulted and tortured into signing agreements to hand over land for a military farm, indicate the extent of control the army to exercise over the country.

Pakistan still lacks a legitimate constitution. Principles of the rule of law and a social ownership of public institutions—necessary for the protection and promotion of human rights—are non-existent, the AHRC says.

The leadership of society has been taken over by the groups and individuals who use religion, sect, clan, class and other partisan bases to mobilise others for their personal political and social benefits, which make the discussion of human rights a challenge, the rights group says.

The ordinary citizens have no real access to justice despite claims of success from the government and its sponsor, the Asian Development Bank, the AHRC says.

Although the government set about reforming the policing system through its Police Order 2002, it has failed to provide a framework for public accountability, institutional depoliticisation and people-friendly policing.

"Feudal lords and their cronies continue to manage police affairs and have ultimate responsibility over which officer is good for their area and which is not. Hence, they control the efficiency and operations of the police force," the AHRC charges.

Local leaders and politicians also have a strong grip over the administration of justice through the tribal courts in rural parts of the country that support the practice of honour killings, a major source of rights violations.

"Influenced by powerful clans, illegal and biased against women and the poor, the tribal courts persist as an informal justice system condoned by the authorities," the AHRC says.

Many tribal leaders themselves are parliamentarians, members of the civil administration or men with family links to the authorities. The AHRC criticises these leaders for being hypocritical as they talk about human rights for all in their official capacities, yet take part in tribal courts in their constituencies.

"Ironically, the very people who are being called upon to usher in 'good governance' and 'real democracy' are handing down their own brand of punishment and running private prisons," the AHRC says.

Even judges and lawyers favour the use of feudal methods to resolve disputes, despairing that the judicial system and the courts are not up to the task, the group says.

It has even been openly admitted and used as an argument in the courts that it is the usual practice for feudal lords to put pressure upon the parties in a criminal case to surrender and reach a negotiated settlement to avoid criminal punishment.

To improve the situation, the institutions for administration of justice must follow international standards, rather than being compromised by local "traditions", the AHRC says.

The public institutions should be kept out of the hands of the feudal and political ruling classes, the rights group says.

The Asian Development Bank and other concerned international agencies must take greater responsibility in encouraging the government to ensure that law and order and policing is considered a central part of social policy in both the long and short term, through public debate and open exchange, the AHRC urges.

For more details, please visit the AHRC's Web site at: <http://www.ahrchk.net> or call (852) 2698-6339

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About AHRC The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.