What about General Musharaf?

What about General Musharaf?

By: Farooq Tariq

No one in the newly elected parliament is talking directly about General Pervez Musharaf. After Prime Minister Yousaf Raza Gilani of the Pakistan Peoples Party took the oath of office, administered by Musharaf on 25 March he spoke about “the need for cooperation of the president.” But General Musharaf has no right to be president of Pakistan. He is a dictator and must go.

Yousaf Raza Gilani ordered the release of the judges in his first speech. How could he not? The PPP failed to win a number of seats because they did not demand their reinstatement. The reality is that no one can stop their reinstatement. Thanks to the strengthening of the Pakistan lawyers’ movement not even General Musharaf imposition of the emergency decree on 3 November 20007 stopped the demand.

Yet in his first speech, Prime Minister Gilani did not say a single word about General Musharaf. He did please the Bhutto family by demanding a probe of Zulfiqar Ali Bhutto’s judicial murder. In 1979, Bhutto was hanged by the orders of the Lahore High Court, with the decision subsequently upheld by the Supreme Court Yet in his speech Mr. Gilani only demanded that parliament apologize to the nation. Why parliament? Why not the generals and the judges who conspired to hang Bhutto?

There have been two occasions since Bhutto’s murder that the Pakistan Peoples Party has come to power. During those periods Mr. Gilani served as a minister under Benazir Bhutto and as a speaker in parliament. Why didn’t he raise the issue then?

Back then there was a deal with the military generals: No truth commission, no investigation, no arrests, no public hearings and no public trial. But now Prime Minister Gilani is raising the issue as if to reconfirm his credentials as a supporter of the Bhutto family. Yet what about Benazir Bhutto’s recent murder? Who is the single person most responsible for failing to provide proper security measures? General Musharaf. Nevertheless not a single word is uttered. How unfortunate that the new PPP leader is not ready to demand Musharaf resignation.

Another unfortunate fact is the PPP leadership’s seeking collaboration from General Musharaf’s allies, the MQM. Why this alliance? The PPP leadership wants to establish a government of reconciliation, which will be a government of the rich by the rich and for the rich, but in the name of the poor.

The PPP has no program that could solve any of the basic problems ordinary people have. The party’s head, Asif Ali Zardari, was sure to reiterate in his recent interview with an American news channel that he wants to move ahead with privatization.

Also eager to demonstrate the PPP’s willingness to continue neoliberal policies, the leadership welcomed the visit of U.S. Deputy Secretary of State John D. Negroponte and Assistant Secretary of State Richard Boucher to Pakistan. They want to show that they are good partners with U.S. imperialism in the so-called “war on terror.” They are saying, “The plan will work. We are going as we planned, but unfortunately not with Benazir.”

General Musharaf wanted to rig the election, but was unable to do so. For ourselves, we are happy that the Musharaf political forces are in retreat. But we cannot welcome a government that walks hand in hand with the U.S. imperialism. We can celebrate the release of the judges, although this is more the result of the lawyers’ movement than the PPP’s leadership.

The present change of faces has come about because of the incredible sacrifices of the lawyers and many more political and social activists. These activists did not put their careers first but carried out their campaign for an independent judiciary. They boycotted the election for a principled reason. Red salute to those who boycotted this election and exerted maximum pressure on the regime. Red salute to PPP leader Aitzaz Ahsan, who boycotted despite his party’s strategy.

Shall we congratulate those who are making compromises with the murderers? The German Social Democrats and the so-called communists did this in the early 1930s with the result that fascism came to power without a single shot being fired. Will the Pakistan Peoples Party alliance with MQM be paid with such a heavy price? Today even Mian Shahbaz Sharif of the Muslim League raises no objection to this unholy alliance. The Muslim League Nawaz is too busy preparing to assuming power in the state of Punjab.

Those who allow Musharaf to remain in the presidency are not respecting the wishes of the Pakistani people. He is a dictator who has used every dirty tactic to maintain his power. He is not a democratically elected president. The majority feel the so-called president has got to go.

Yet Amin Fahim, senior vice chair of the PPP, was angry about the anti-Musharaf slogans being shouted from the press gallery on parliament’s opening day. He even called for the newly elected speaker Fahmida Mirza to take action. But the “Go Musharaf Go” slogans represent the voices of millions throughout Pakistan. We salute those who raised these slogans inside parliament.

I personally was not arrested repeatedly to see half of a democracy. “Democracy” under Musharaf was a farce, it was a fraud in past and it will be a fraud, if he is allowed to hold on to the presidency, in the future as well. We must continue our struggle for a real democracy and get rid of all the remnants of the military dictatorship.


Farooq Tariq
spokesperson Labour Party Pakistan 40-Abbot Road Lahore, Pakistan Tel: 92 42 6315162 Fax: 92 42 6271149 Mobile: 92 300 8411945
labour_party@ yahoo.com www.laborpakistan. org www.jeddojuhd. com

Baloch National Insurgency

RAFI A. PERVAIZ BHATTI
-----------
DAILY DAWN 7th January 2006

The current state of militancy

THE impression one gathers from the media reports
about a crackdown of law enforcing agencies on
tribesmen in Kohlu area is that there exists a popular
resistance movement in Balochistan and that it is
being crushed with brutal force. The facts are
contrary to this impression.

It all began with a rocket fired at the public meeting
addressed by President Pervez Musharraf in Kohlu. A
few days later, there was an attack on a helicopter in
which the inspector-general of the Frontier Corps was
travelling. Earlier, there was a rocket attack on the
residence of the chief minister. The question arises:
What message were the attackers sending across?

Even if one ignores these incidents, how can the
killings of innocent citizens in terrorist activities
in the province since 1999 be ignored? An explosion at
the busy Mezan Chowk in Quetta on December 10, 2004
killed 11 persons. Earlier on July 22, 2000, seven
persons were killed in a bomb blast in Jinnah Market.
Two persons were killed in an explosion in a moving
public bus in Quetta on October 28, 2001. Police
officers, and even judges who dare to challenge the
terrorist network, are threatened with death. Justice
Nawaz Marri, a judge of the Balochistan High Court who
resisted the tribal sway of the sardars, was gunned
down in the vicinity of the high court.

Investigations have revealed that a certain sardar and
his sons were involved in the planning and execution
of these terrorist acts. The uniforms, badges and
propaganda material of the so-called Balochistan
Liberation Army (BLA) were also recovered in good
quantity in police raids.

But things have not remained confined to Balochistan
alone. On November 15, 2005, multiple blasts shook the
high security zone around PIDC house in Karachi. The
BLA claimed responsibility for the explosion.
Inquiries show that a blast in Icchra, Lahore, a few
months earlier was also the work of this group. In a
way, terrorism was being exported to other parts of
the country.

The current wave of lawlessness in Balochistan was
originally started by tribal elements in 1999 but
lacks any credible rationale and is not based on
popular discontentment. In stark contrast to this,,
the insurgency in 1970s was backed by strong political
causes. One may note that only five years ago the
nationalist political parties were themselves in power
in Balochistan when Sardar Akhtar Mengal (son of
Sardar Attaullah Mengal) was chief minister. Mir
Humayun Marri was also in that government. They had
every opportunity at the time to solve the problems of
the people of Balochistan, if they so desired.

Since then no new development generally affecting the
people of Balochistan has taken place. On the other
hand, the funding of Balochistan's special projects of
Gwadar and Saindak has been increased. Gwadar project,
which has been highlighted in the media as a source of
discontentment, too was initiated while the
nationalists were in power in Balochistan. If Gwadar
was the reason, the nationalists should have been
popular in that area and won at least one assembly
seat from there on that basis. But ironically they
have never secured a single seat of national or
provincial assemblies from there, even in the 1997
polls which gave them the chief ministership of
Balochistan.

The nationalist political parties were rejected by the
electorate in the 2002 elections. These parties, all
put together, could win only 12 out of the 65
Balochistan Assembly seats, which reduced their
representation in the house to a mere 18 per cent.
Sardar Attaullah Mengal's Balochistan National Party
(BNP), which in the 1997 elections had emerged as the
single largest party, could bag only two seats. The
Jamhoori Watan Party (JWP) of Nawab Akbar Bugti could
secure only three seats. Nawab Khair Bux Marri's Haq
Tawar won only one seat.

Compared to that, Muttahida Majlis Amal (MMA), which
rejects nationalism, emerged as the single largest
political party winning 14 seats, while the PML-Q and
its allies bagged 28 seats. The election results gave
a clear message. Nationalist politics had exhausted
its limits and was now reaching a dead-end.

The insurgency in Quetta started on May 27, 1999, with
planting of explosives below the electricity generator
of the Governor's House. This device was detected and
defused. Since then the province has been reeling from
one wave of terrorism to the next. In the year 2000
there were 16 bomb explosions and eight rocket attacks
in Quetta in which 12 persons were killed. There were
239 rocket attacks in 2003, 626 in 2004 and 663 in
2005 (during the first four weeks only) in
Balochistan. Similarly, there were 37 bomb blasts in
2003 and 122 in 2004.

Balochistan is ethnically divided into two distinct
regions: the Baloch belt and the Pashtoon belt. The
Pashtoon belt is spread over the districts of Quetta,
Ziarat, Pishin, Killa Abdullah, Killa Saifulah, Sibi
and Loralai (excluding Barkhan area). About 40 per
cent of Balochistan's population is Pashtun, which is
indifferent to Baloch nationalists' activities.

In the Baloch belt itself, the PML-Q and its moderate
allies represent Balochs more effectively than the
nationalists do. The chief minister of Balochistan,
Jam Mohammad Yousaf, is also the Jam Sahib of Lasbela.
Because of his family's political hold in the region,
Lasbela district is clearly outside the pale of Baloch
nationalism. The people of Gwadar have traditionally
remained away from militant Baloch nationalism.

The areas consisting of Barkhan, Jafferabad,
Nasirabad, Kharan and Kachi District had never been
attracted to nationalist politics and were quiet
during the 1973 insurgency. In the current political
scenario the main political strength of the PML-Q,
(some leading figures being Mrs Nasreen Khetran, Mir
Zafarullah Jamali, Mir Zulfiqar Magsi, Asim Kurd
Gailoo, Sardar Yar Mohd Rind and Sardar Shoaib
Nosherwani) is drawn from these areas.

In the remaining Baloch belt itself, Baloch
nationalism has silently but inevitably changed its
direction from militancy to political activism. The
Baloch Nationalist Movement (BNM) is the single
largest party in the 12-member opposition in
Balochistan Assembly. Its leaders Kackol Ali, Dr Abdul
Hayee Baloch and Hasil Bizenjo, all coming from the
middle class have never supported militancy.

They represent the younger generation of Baloch
leadership, which does not bank on tribal loyalties
but political organizations for popular support. The
veteran tribal leaders Nawab Marri, Nawab Bugti and
Sardar Mengal may have been out of step with the
forces of transition but the younger Baloch leadership
pays great respect to them and is not prepared to
abandon them in the political field.

Militant nationalism today revolves around the trio of
Mengal, Bugti and Marri tribal chiefs. But the area of
influence of these veterans, and also the support base
of militant nationalism, is confined to Dera Bugti,
Kohlu and Wadh. Sardar Ataullah Mengal, who dominates
the Wadh area, has, however, not been as much active
in the current wave of militancy as he had been in the
past ones. The main theatres of activity, therefore,
happen to be Dera Bugti and Kohlu.

Torture of Baloch Nationalist Activists

BNP student activist reappears after 6 months in 'torture cell'

** Speaks of 'indescribable torture' being inflicted on large number of
detained Baloch, including the elderly, women and children

Staff Report*

QUETTA: A young Balochistan National Party (BNP-Mengal) activist resurfaced
here on Friday after presumably languishing in intelligence agencies'
'torture cells' for six months.

Plainclothes intelligence and Anti-Terrorist Force (ATF) personnel picked up
Babu Sumalani, a 28-year-old University of Balochistan graduate student, on
September 22, last year.

On Friday, addressing a press conference at the Quetta Press Club, Sumalani
claimed he had been taken into custody by an intelligence agency and the ATF
from Smungli Road, Quetta. He said he had been blindfolded, shoved into a
vehicle and taken to a 'torture cell'.

Indescribable: He told reporters he had found a large number of political
activists, students, professionals, the elderly, women and children in the
torture cells, and spoke of indescribable torture being inflicted. "They
used to beat us so much that it is beyond description. Most of us were
apparently victimised because of our political views. I saw with my own eyes
several Baloch old women, elderly citizens and children being put into these
torture cells," he told reporters.

The student leader also disclosed that Javid Lehri, a missing journalist
from Khuzdar, was in the ATF jail, and was continuously being put through
"inhumane mental and physical torture".

He cited "security reasons" for not clearly answering many questions
concerning his detention and the nature of torture that he had endured and
that was being inflicted there. Sumalani said the Baloch were being
persecuted for standing up for their due rights. "We are being punished
because we Baloch talk of our right of ownership on our coast and
resources." But, he warned, "this tactic applied by the state to deal with
the Baloch dissent is likely to backfire."

Sumalani, who hails from a generation of Baloch youth that has vocally
opposed President Pervez Musharraf's policies in Balochistan, thanked the
Baloch Women's Panel, other human rights groups and columnist Fatima Bhutto
for their "unlimited support" while he was detained, and credited them for
his release.

Around 4,000 Baloch people from all walks of life are currently in the
custody of intelligence agencies, according to BNP Secretary General Habib
Jalib, who accompanied Sumalani at the press conference.

"Even the courts of the land have failed to deliver justice to the victims
and their families," said Jalib. "The courts seem to be totally helpless in
front of the intelligence agencies. The unchecked practice of illegal
detentions is rapidly increasing in Balochistan, with too little
intervention by international human rights organisations. "

--
Senator Sanaullah Baloch
Member Senate of Pakistan
http://www.sanabalo ch.page.tl

Remembering Gulzar Begum Shaheed

Gulzar Begum Shaheed; great trade unionist and fighter

Gulzar Begum, you are still alive in our hearts

23rd March 2008 is the second death anniversary of Gulzar Begum
(Shaheed), great female trade unionist, one of the unique
examples in the working class movement.

Gulzar Begum, chairperson of Pakistan steel Progressive Workers
Union was brutally assassinated two years ago on March 23, 2006
in Karachi by the stooges of anti democratic forces.

She was the pioneer of trade union movement in Pakistan Steel
Mill and had started trade union in 1977 when the martial law of
general Zia was the order of day, political and trade union
activities were banned and media was under the siege.

As a woman it was very strange phenomenon for many to accept her
as their leader at a time when state was in full swing to
promoting all discriminatory laws against women and was trying
hard to confine womenfolk in four wall of home. She had initiated
to form real union of workers in Pakistan Steel Mill (PSM) when
she was fade up with pocket union of administration led by Mr.
Allvi.

She formed and registered union with the name of Pakistan Steel
Mill Progressive Workers Union (PSMPWU) in late seventies and
challenged the administration for the rights of twenty thousand
plus workers of Pakistan Steel Mill (PSM). Because of her
restless struggle workers get the right to elect their
representative Collective Bargaining Agent (CBA) through
referendum in 1979. The referendum was won by Progressive Workers
Union with hug numbers of votes under her leadership.She forced
administration to accept charter of demands of the union which
was historic agreement in favor of workers, which addressed the
basic demands of workers of SM.

In 1984 PSMPWU again won the referendum with huge margin and one
of biggest procession in term of participants from one factory was
organized, thousands of workers with red flag with symbol of
hummer march on the streets of Karachi to show the strength of
workers power under the leadership of Gulzar begum. Again another
landmark agreement was signed between the union and PSM
management, it was first time given the right to common workers
to purchase all home appliances including TV, Fridge, washing
machines and also house purchase loan on very easy installments
without any markup or interest.

The main and everlasting work done by the PSMPWU under the
leadership of great Gulzar Begum was the acquiring the land for
the accommodation of the PSM workers. It was her struggle that
PSM workers got their own town ship with the name of Gulshan
haddeed. Two days weekly off was another demand of workers which
was accepted by the management.

As we know it was Martial Law era, PSM was run by the on-duty
Generals and they didn't like radical and progressive trade union
activism in the mill so they kept watch on all radical activists
and union leaders. Hundreds of workers were sacked from the job
but due to firm stand on the issue all workers were reinstated
with all back benefits. She announced in a rally if any body
informed about the sacked worker s/he would get five hundred
rupees and the sacked workers immediately reinstated on the job
with all privileges and back benefits.

She was the leader who challenged the military dictator Gen. Zia
at his zenith; she hackle the dictator during his speech along
with thousands of workers and raised slogan against military
rule. Military dictator offered her seat in assembly but in
prompt reply she said she hadn't recognize his government, she
would never become the part of illegal and anti democratic setup.

She was very critical about the raise of sectarian and ethnic
sentiments and divides among the workers and thought the
phenomenon poison for the unity of working class. She was upset
because of strengthening of an ethic based organization in the
urban centers of Sindh. She had been forced to join the ethnic
party; she had refused the offer but lost her life in
assassination attempt on fateful day of 23rd March 2006.Working
class scarified another outstanding daughter on that day just as
Bughat Singh Shaheed did bravely 75 years ago.

Her legacy in shape of Progressive Workers Union still alive and
workers are gathered around it. Her sacrifices and services for
the well being of workers never die down. She lives in the hearts
and minds of thousands of PSM workers.

Progressive Workers Union is affiliated with National Trade Union
Federation (NTUF) and is the only union which bitterly opposed
the privatization of PSM.

Progressive Workers Union is going to organize a reference
program on the second death anniversary of great soul of working
class on 20Th Mach 2008 @ 5pm @ Jahangir Hotel hall, Gulshan
hadeed, Phase II, near Telephone Exchange, Pakistan Steel Mills.

The reference will be addressed by Comrade Ghani Zaman ,leader
NTUF, Comrade Azra Perveen, member National Committee Labour
Party Pakistan, Mohammed Wasim ,General Secretary Progressive
Workers Union, Comrade Shehla Rizwan, Leader Labour Party
Pakistan, Sarwar Khan Niazi, President Progressive Workers Union
and Nasir Mansoor, Secretary labour affairs LPP.

Nasir Mansoor Secretary labour affair, Labour Party Pakistan
628, Mashrik Center,
Gulshan Iqbal , Block 14,
Karachi , Pakistan
Phone # +9221-485-4643, Fax No. +9221-414-1898,
Mobile # 0300-358-7211

Musharraf Cuts Rs. 50 Billion from Public Sector

Poor to suffer more as Musharraf regime cut Rs. 50 billion from Public Sector Development Programs

by Syed Abdul Khaliq

On the eve of its exit, the caretaker government of Pakistan under Musharraf has decided to cut Rs. 50 billion (about US $ 840 million) out of the Rs. 335 billion Public Sector Development Program to manage its day to day affairs.

This anti-people decision is taken on March 14, 2008 due to a slowdown in the economy and a reduction in revenue collection, the government was facing difficulties in meeting its growing financial needs. The very fact has exposed the tall claims of the Musharraf regime that Pakistan is gaining economic stability in his period. It is shocking disgrace to the public of Pakistan, already crippling under unprecedented price hike.

The Musharraf regime is quite tactful in this regard as it is using the word 'withdrawal' or 'extraction' for the cut in PSDP. They are afraid that the word 'cut' will send a wrong signal. Therefore, better call it 'taking out' funds or 'extraction' from the current PSDP.

According to the English daily "Dawn" as result of the decision all social sector development projects would heavily suffer except for a few big projects. That means no funding would be available for a number of social sector projects during the current financial year. Thus big projects including Mangla Dam rising, Chashma-2 nuclear power plant, Diamer-Bhasha dam, Kurrum Tangi and Munda dams would have to be continued without any interruption, but those projects which have not yet been started are being deferred and no funding will be available for them during the current financial year.

These financial constraints are the direct result from the mismanagement of the economy by the Musharraf regime during the last 8 years. Principally the PSDP funding should not be touched as it is meant for development of the poor. Moreover, it has already been abused beyond limits. According to economic experts, after this decision none of the targets set at the start of the financial year 2007-08 are likely to be met.

It is pertinent to mention that Musharraf is not ready to cut his own expenses as he continues to spend Rs. 316 million on his palace every year but the burden of state financial constraints has been shifted onto the poor people of the Pakistan who are supposed beneficiaries of the social sector development programs. In other words it is dishonor to the masses in the light of the fact that development allocation funds are being snatched away from a public that is already grappling with a food inflation rate in excess of 15 percent - one of the highest current account deficits in history - and an economy that depends on remittances and foreign aid to survive each day.

It may be mentioned that the Public Sector Development Program (PSDP) is the main instrument for providing budgetary resources for development projects and programs. As a percentage of GDP, the PSDP has declined sharply from 7.5 per cent in 1991-92 to 2.5 per cent in 1999-2000. Since then it is absued.

The PSDP has been designed to achieve the Millenium Development Goals (MDGs), i.e. eradicating poverty, ensuring equitable development of regions and various social groups, empowering women and minimizing wastages.

The PSDP sectoral program prioritization at national level indicates that infrastructure sector would get 48.6% of total outlay followed by Millennium Development Goals (35.0%), balanced development (13.2%) and accelerating output growth (3.2%). In the infrastructure sector, energy has been given the highest priority with 19.8% of total allocations followed by transport and communications (14.9%) and water resources (13.5%). Within the Millennium Development Goals, education and vocational training including higher education would receive 10.8% share followed by physical planning and housing, health and nutrition and science and technology at 4.6%, 4.3% and 2.6% respectively.

Looking at figures in sectoral prioritization one can easily guess that big energy projects especially construction of new dams will continue, but the masses welfare projects like education, health, sanitation, transport, roads and housing would be halted in the name of 'national interest'. The government economic gurus will soon be out to negate the negative effects and justify the decision by using the development jargon and jugglery of economic figures. Anyway the decision is highly condemnable and would also affect the development policies of the future PPP government.

Workers Occupy Sindh Sugar Mill

Workers take over Sugar Mill in Sind

by Farooq Tariq

Over 1600 workers from Alnoor Sugar Mill Moro, Sind took over the factory today on 12 March 2008. They occupied all the administration departments of the Mill and asked the General Manager (GM) of the Mill to sit on the floor. The GM was a retired army brigadier. The GM was then forced to tour around the factory under workers control.

The occupation ended at 5pm when the local Member of Parliament from Pakistan Peoples Party assured the workers that their demands would be met within next 48 hours.

Their union called Mahnatkash Labour Union Alnoor Sugar Mill led the workers. The union was recently registered after an interval of 8 years of non-unionization of the factory. There was a terror of this GM at the factory. Most of the concessions of the workers were taken back under the military rule of general Musharaf. The demand notice of the union was ignored.

The workers were demanding the reinstatement of their 28 workers back to their jobs and their demand notice to be met by the administration. They were demanding better wages, more house rent, at least government recommended minimum wages and a bonus to all the workers.

At present, the factory was running in full capacity and the mill owner was unable to afford that the Mill should be stopped for a single minute. It was a workers day at the factory.

It all started at 11am when the union leaders went to meet the GM at his office. The union asked him to accept the demands. He categorically refused to accept any demand. He had miss judged the mood of the workers leaders. The union leadership immediately took over the office and asked him to leave his office and come with them to the union office. He was forced to accept the workers orders. At the union office, the retired army brigadier, who has ruled the factory under his terror, was asked not to sit on a chair but on the floor. His face was colored and then some workers torn apart his cloths as well.

He was then asked to round the factory where workers humiliated him as he did with the workers for eight years. With a colored face, the GM was begging the workers to spare him and that he will accept all the demands. It was a “Gherao” and occupation at the same time.

In the mean time, all the gates of the factory were closed and the local police could not enter the Mill to rescue the GM. It became news for some private television channel and they broadcasted the news about Mill occupation.

The local MP from PPP arrived at 4pm and asked the workers to let the GM go and that he will guarantee that all the demands will be met. He told the workers, that there will no victimization and no police case registered if they listen to him. On his guarantee, the workers handed over the factory to the administration and let the GM go free.

This is the first incident of such kind. There is no civil government yet but the workers have come forward to have a go on those who had exploited them all the eight years under military rule.

Labour Party Pakistan has a strong group at Moro. Eight years ago, the factory was under the control of Labour Party Pakistan local leadership. They were thrown out of the factory and there was none of LPP activists inside. However, the new union was working under the close relationship of Local LPP leadership. Today after the occupation, the LPP leadership in Sind gave a fill support to the union action.

It seemed that the mill administration will register a case against the workers leaders and there will be more trouble tomorrow.

Farooq Tariq
spokesperson Labour Party Pakistan 40-Abbot Road Lahore, Pakistan Tel: 92 42 6315162 Fax: 92 42 6271149 Mobile: 92 300 8411945
labour_party@ yahoo.com www.laborpakistan. org www.jeddojuhd. com

Gender Oppression: Women of Dir

Women of the Dir lower face numerous political, social and economical problem.

Where as the world is going to celebrate the international women day to day in order to focus mainly on women rights and development across the globe, there the women folk of the Dir Lower are facing numerous problems relating to their status and their lives.

According to a recent survey conducted by Anjuman Behbood-e-Khawateen (ABKT) Dir to highlight women rights and empowerment, it was learnt that women in Dir, a conservative area, had been barred to exercise their political, social and economical rights as the area is totally men dominated as compared to other parts of the country.

Recently in general elections held on February 18, 2008 no women in the district exercised their right to vote. The survey revealed that killing of women relating to honor killing incidents are on the rise while there were found some “SWARA” cases as well in the district.

According to reports collected from different police stations and national news papers 16 women were fell victims to honor killings crime while 9 men were also shot dead during the last year.

According to Khall police, one Muhtaj S/O Mian Gul shot dead Awal Zeb 23 in Toormang when he was on his way to home last year in June. Later on Muhtaj went to his home and killed his sister-in-law on suspicion that she had illicit relation with Awal Zeb.

Similarly on February 03, a resident of Haya Serai Muhammad Jan killed his sister-in-law and a man Gul Zar S/o Haider on the charges of having suspicious relations.

On February 24, a girl and a boy Ihsanullah were murdered over suspicious illicit relation in Dog Dara, sources said.

In June a couple was barbarously killed in Gujran Wala Punjab.

Sources told that Uzma 18 had married a boy Shabir in her neighbor on her own free will against the permission of her parents. The couple then had fled to Karachi and then shifted to Gujran Wala Punjab where they were traced out and were killed.

Similarly another couple was killed in Ouch Dir Lower on November
11, sources said, adding that the girl Khaista Begum and the boy Islam Zeb had married on their own violating family’s decision.

People told that elders of the girl’s family deceived the couple and invited them to their home but when they reached they were allegedly killed by the girl’s relatives.

On March 27, a man Amir Hassan shot dead his wife Shamim Akhtar in village Bakandai in the Jurisdiction of Ouch polling station. The man believed that his wife had illicit relation with some one other.

Similarly a man Rehmat Zeb, allegedly opened fire on his wife Zeenat while she was offering prayers, in Khadag Zai village on March 26. Later on the accused also killed his brother Bahadar Zeb, on the pretext that his wife and his brother had illicit relations.

On June 1, a women Naheed Bibi and a man Bakht Shah Zeb were allegedly killed by Naheed’s in laws in Osorai village.

On July 9, a man gunned down his wife Zahira, infant baby and two other relative women in Rabbat Dara due to unknown reasons, police and residents told this scribe.

On August 28, police intervened to save a three years old girl in Chakdara from becoming victim of the un-human custom of SWARA by taking an undertaking from her father that he would not hand her over to his rivals. The girl had to be handed over on August 31, but police foiled the bid. Later on they arrested sixteen people including the prominent religious leader Maulana Muhammad Rahim alias Darbar Maulana, along with jirga members for their decision to give away the girl in SWARA.

On August 30, a man Nadar Khan allegedly shot dead his wife Sumera and younger brother Famir in Timergara on suspicious of illicit relations, sources said, adding that the accused first stabbed them and then shot them dead.

On September 06, a man Muhammad Khan entered a woman Iqbal Bibi’s house in Ouch and killed her while a child was injured in the accident, police said.

On October 06, a man Gul Khan 23 was gunned down in Malakand Timergara by relatives of a woman Hameeda who later on shot her dead. They believed that the deceased had illicit relations.

On September 22, a retired army Solider Bakht Rahman allegedly killed his wife Bakht Mina, residents said; adding that later on the accused pretended that she was killed by some attackers from outside the home when she was fast asleep. Witnesses said Bakht Mina was a modest and innocent woman.

On November 21, a man Liaq Zada shot dead his wife Risalat Bibi in Darmal Bala village, informed sources told this reporter.

All these incidents indicate the real status, the women of Dir face. The women of Dir had never been allowed to take part in political activities. They had never been used their right to vote or contest election. Though in local government elections 2001 and 2005 women elected by men voters on union, Tehsil and district council’s level, yet they had been discouraged to attend councils meeting.

Women rights activist working in Dir have expressed their grave concerns on the violation of women rights on a large scale in the Dir Lower and said that literacy ratio was the need of the day to be increased. They demanded of the present governments and international donor agencies to focus on boosting female education in the area and women be protected to become easy victims to men done crimes.

Mrs. Shad Begum
Executive Director
ABKT- Dir

Two Journalists Kidnapped in Balochistan

Two journalists kidnapped in Balochistan, a third missing since
November

http://www.balochwarna.com/modules/news/article.php?storyid=1423

Reporters without Borders is very worried about two journalists employed by
the Urdu-language Baloch daily Azadi, Hameed Baloch and Khalil Khosa, who
went missing in the province of Balochistan within three days of each other,
on 29 February and 3 March, and who were probably kidnapped.

"The current deterioration in press freedom in Balochistan has become quite
intolerable" , Reporters without Borders said. "These abductions, coming on
the heels of the 9 February murder of Chishti Mujahid, are part of the
disastrous consequences of the fighting between government forces and Baloch
separatist groups. We urge the authorities to do everything possible to
protect journalists and to come to the help of those who are still missing."

According to the Balochistan Union of Journalists (BUJ), Baloch was
kidnapped on 3 March in Taftan, near the Iranian border. "His disappearance
may be due to the security services, tribal rivalry or political parties",
BUJ president Mujeeb Ahmed told Reporters without Borders.

Another BUJ member said : "In my view, influential tribes must be
implicated, as was the case with Riaz Mengal [of the newspaper Intikhab],
who we thought had been kidnapped by the security services but in fact had
been kidnapped by tribal chiefs."

Khosa has not been seen since attending a news conference in the southern
Baloch town of Nasirabad on 29 February. His family thinks he may have been
kidnapped because of articles criticising Baloch nationalist parties that
took part in the recent parliamentary elections while other Baloch
nationalist groups boycotted them.

Based in the Baloch provincial capital of Quetta, Azadi is still without
news of its young reporter Javed Lehri, who has been missing since 30
November. Editor Muhammad Asif Baloch thinks he was kidnapped by the
security services, who kidnapped the head of the Baloch Voice TV station,
Munir Mengal, in June 2006. Mengal was eventually handed over to the police,
who are still holding him despite court orders for his release.

Urgent Appeal Against Execution of Pakistani Torture Victim

[NOTICE: The AHRC has developed an automatic letter-sending system using
the "button" below. We encourage you to send your letters by clicking the
button. Those who can not access to email are also encourage to send your
letters by fax or post. Fax numbers and postal addresses of the authorities
are attached below with this appeal. Thank you.]

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-043- 2008



5 March 2008
------------ --------- --------- --------- --------- ------
PAKISTAN: Death by hanging of a man set on March 12 after confessing due to
torture by military

ISSUES: Death penalty; torture; unfair trial; military court; incommunicado;
denial of legal assistance
------------ --------- --------- --------- --------- ------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding
the death sentence of a man from minority community, who is due to be
executed on 12 March 2008. He was charged with murder however, he was
allegedly severely tortured after the illegal arrest. It is also alleged
that he was not provided any legal representative during the military trial.
He was not allowed to communicate with his parent during his two years of
military custody and meet his parents only after the military court
convicted him.

CASE DETAILS:

According to the information received, Mr. Zahid Masih son of Salamat Masih
was recruited in the Pakistan Army as a sanitary worker and sweeper in
August 2001 at the cantonment of Multan city, Punjab province. After some
months he was transferred to another cantonment at Tarbella- Punjab
province, 600 kilometers far from Multan, his hometown. He served in
Tarbella cantonment for almost two years and in 2003 he was again
transferred to another place, the Chirat, a cantonment at Peshawar in
province of North Western Frontier Province (NWFP) as a sweeper because of
his good work and loyalty to officers.

He joined Regiment/Unit 4 Commando Battalion (Special Service Group) Chirat.
When he reached and joined service at Chirat cantonment he heard that a
9-year-old boy was sexually molested and murdered by unknown persons among
the staff of the cantonment and there was a military investigation going on.
After one weak of joining service he was given two months leave to go home
for recreation as it is a common feature that, whenever there is a transfer
the staff is allowed to have leave. Zahid Masih went to Multan to meet his
parents and other family members and after two months he returned to Chirat
to resume his duties. Till that time the investigation of murder was going
on. Suddenly, one month after his return Zahid Masih was disappeared from
the work place and his whereabouts were not known to the family for about
two years.

Zahid's family later found him in Central jail at Peshawar charged with
murder under Section 302 of Pakistan Penal Code (PPC). He was accused of
committing sodomy and killing the nine-year-old boy, Muhammad Adnan on 1
March 2005. The Military Court found Zahid guilty and sentenced him death on
10 March 2006.

While in the military custody for 2 years, he was extensively interrogated
for 28 days consecutively and he was severely tortured to confess to the
murder of the boy. Due to the severity of the torture he had no choice but
to confess even though he alleged that he was innocent. Some Orderlies of
officers came and persuaded him that if he confessed the officers would
provide him with relief. Mr. Mohammad Khusheed son of Mohammad Nawaz, the
orderly of an army officer, conveyed this message to him with saying that
his confession would save the image of Pakistan Army. Zahid Masih informed
these facts to his brother in a letter. However, Zahid was not allowed to
meet with his family during his trial in the cantonment by a military court
and the family did also not know about that.

When Zahid Masih was allowed to meet his family in early 2008, he told his
family that he was made an escape goat as he was Christian and a sweeper. He
further said that the messengers from officers of Chirat cantonments
convinced him that he would be free from the charges if he confessed the
crime. He alleged that military persons at cantonment killed the boy and
they wanted to shift the offence to weakest person.

On 20 January 2008, Zahid's mother wrote a mercy appeal to the President and
human rights groups and the Church leadership wrote letters to the
authorities, including the President. Due to this intervention, the
execution date was delayed for 20 days however, it is again scheduled on 12
March 2008.

BACKGROUND INFORMATION:

Pakistan is among the top in the list of countries with the highest number
of executions (along with China, Iran, Iraq, Sudan and USA). It has
approximately 7,400 convicts awaiting execution. According to the Amnesty
International 2007 report, 82 persons were executed in 2006. A local source
claimed that 109 people have been awarded death sentence in the first 9
months of 2007 and about 10,000 were executed in Pakistan in the past 11
years.

According to the PPC 302, which Zahid Masih is charged under: whoever
commits pre-meditated murder shall be punished with (a) death as
"retaliation" ; (b) death or imprisonment for life as corporal punishment to
be administered at the discretion of the judge; and (c) imprisonment of up
to 25 years, provided it is not committed in the name or the pretext of
honour.

According to the PPC section 304, the proof of murder could be in form of
voluntary and true confession before a competent court that the accused
committed the offence; and by evidence as provided in Article 17 of the
Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984), based on the competence of a
person to testify and the number of witnesses required accordingly.

Local sources claim that the penal system in Pakistan is full of loopholes
and defects. It may be better sometimes not to hang the alleged killers due
to mal-administration of justice, police service dereliction, and cultural
prejudices affecting women and religious minorities.

It has also been commented that the laws have become "tools for personal
vendettas against vulnerable segments of society, including the poor and
minorities" and are often "manipulated, especially in blasphemy cases, where
both judicial system and police department investigate with bias, without
checking veracity of the facts."

SUGGESTED ACTION:
Please write the letter and fax to the following authorities showing your
concern of what appears to be an unfair trial and a confession obtained by
torture. Please also demand clemency as he is innocent of this crime and at
the time of murder of young boy he was doing job in anther cantonment of
Tarbela. After his transfer to Chirat he was booked in the case only because
he was from a minority community and a weak target as being the sweeper, the
most lowest job.

The AHRC writes letters to the UN Special Rapporteur on the Question of
Torture and working group on arbitrary detention calling for urgent
intervention in this case.

To support this appeal, please click here:


------------ --------- --------- -

SAMPLE LETTER:

Dear __________,

PAKISTAN: Death by hanging of a man set on March 12 after confessing due to
torture by military

Name of victim: Mr. Zahid Masih, son of Salamat Masih, 27 years old,
Sanitary worker, Chirat Cantonment, Regiment/Unit 4 Commando Battalion
(Special Service Group) Chirat, Peshawar, North western frontier province;
resident of Saeed Colony near Purani Chand Mari, Farooq Pura post office,
Purana Shuja Abad Multan-Punjab province
Currently detained at: Peshawar prison, North Western Frontier Province
Date of scheduled execution: 12 March 2008

I am writing to voice my concern regarding the case of Mr. Zahid Masih who
is to be hanged on March 12 after his and his family's appeal of clemency
were turned down. Mr. Zahid's family has been asked to meet him on March 11,
2008 as a final meeting. On March 4, some persons from the military have
taken thumb impressions of his mother on mysterious papers and they had not
informed on several enquiries that why they were taking the signatures.

Mr. Zahis was also denied a fair trial and case was tried at military court
without providing him any legal assistance.

According to my information, Mr. Zahid Masih son of Salamat Masih was
recruited in the Pakistan Army as sanitary worker/ sweeper in August 2001 at
the cantonment of Multan city, Punjab province. After some months he was
transferred to another cantonment at Tarbella- Punjab province, 600
kilometers far from Multan, his native place. He served in Tarbella
cantonment for two years and in 2003 he was again transferred to another
place, the Charat, a cantonment at Peshawar in province of North Western
Frontier Province (NWFP) as sweeper because of his good work and loyalty to
officers. He joined Regiment/Unit 4 Commando Battalion (Special Service
Group) Chirat. When he reached and joined service at Chirat cantonment he
heard that on young boy of 9 years was sexually molested and murdered by
unknown persons among the staff of cantonment and there was military
investigation was going on. After one weak of joining service he was given
two months leave to go home for recreation as it is a common feature that
when ever there is transfer the staff is allowed to have leave. Mr. Zahid
Masih went to Multan to meet his parents and other family members and after
two months he came back to Tarbella to resume his duties. Till that time the
investigation of murder was still going on.

It is very shocking for me that as he reached Charat and that after one
month he was disappeared from the work place and his whereabouts were not
known to the family for about two years. The question is very pertinent that
when he was under interrogation why the authorities have kept in
incommunicado which means that he was pressured to confess the offence and
face the severest kind of tortue.

Zahid's family later found him in Central jail at Peshawar booked for murder
under Section 302 of Pakistan Penal Code (PPC). He was accused of committing
sodomy and killing a nine-year-old boy Muhammad Adnan on 1 March 2005. The
Military Court found Zahid guilty and sentenced him to death on 10 March
2006.

I am shocked to know that during two years of his disappearance he was
extensively interrogated continuously for 28 days in the military custody
and he was tortured severely, inhumanly to confess the murder of 9 year old
boy, which he confessed for not finding any other option. He was told by the
Orderlies of officers that if he confesses murder of the boy then officers
will provide him relief. Torture in custody to get the confessional
statement is very much against the UN Convenient Against Torture (CAT) and
Pakistan being the elected member of UN human rights council should have to
follow the charter of human rights of the UN.

Mr. Zahid Masih is scheduled to be hanged on March 12, 2008. On 20 January
2008, Zahid's mother wrote a mercy appeal to the president and on 28 January
2008 human rights organizations and his Church leadership wrote letters to
the authorities, including the President, to consider mercy for Zahid Masih.
They responded by delaying the execution for 20 days (31 January--20
February 2008). But now it is fixed on March 12.

I appeal to you to provide clemency to Zahid Masih and order the authorities
to retrial the whole case in ordinary courts of the country and provide him
fair trial according to the laws of the country.

I also appeal to investigate the whole issue of trial in military court when
the offence comes under the criminal procedural laws of Pakistan and hold a
enquiry that he was kept in incommunicado for confessional statement and
military trial.

I hope that you will do best for providing clemency to him as he is innocent
and was not provided legal assistance and was kept in incommunicado and was
tortured.

Yours sincerely,

------------ ----

PLEASE SEND YOUR LETTERS TO:

1. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
Email: (please see->
http://www.presiden tofpakistan. gov.pk/WTPreside ntMessage. aspx)

2. Mr. Afzal Haider
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw. gov.pk

3. Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Tel: + 92 51 9212026
Fax: + 92 51 9202624
E-mail: minister@interior. gov.pk

4. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province
PAKISTAN
Tel: +92 21 9213327-6
Fax: +92 21 9213873
E-mail: secy.cpsd@sindh. gov.pk

5. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92 51 9213770
Fax: +92 51 9213452

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)





Baseer Naveed

Senior Researcher, South Asia Desk

Asian Human Rights Commission (AHRC)

19/F Go-Up Commercial Building

998 Canton Rd, Mongkok

Kowloon, Hong Kong, China

Tel: (852) 2698 6339 Ext 113

Fax: (852) 2698 6367

Mob: (852)6402 5943

The Advocates' Movement: 12 Month assessment

Advocate movement: a year on

By: Farooq Tariq

2008 will be a year of decisive struggle in Pakistan . Over the past year a lawyers’ movement rose to confront the Musharraf dictatorship. Its aim is to create an atmosphere where the judiciary can work independently, without being under the influence of any regime, whether military or civil. Only a year old, it has achieved impressive results.

The movement began on 9 March 2007 when Iftikhar Choudry, Chief Justice of Supreme Court, negatively responded to the request from five generals--including General Pervez Musharraf--that he voluntarily resign. Offered several other lucrative posts, he responded with a firm "No," resulting his immediate arrest and termination from the Supreme Court.

Why did the generals want to get rid of Pakistan ’s chief justice? Simply, his decisions were blocking growing repression and implementation of General Musharraf’s neoliberal agenda:

· After 9/11, thousands of Pakistanis just disappeared; Choudry publicly questioned their disappearance. He tried to force accountability from the country’s powerful secret service.
· He issued a decision against the privatization of the country’s largest industrial unit, the Pakistan Steel Mill Karachi.
· Iftikhar Choudry was operating like a human right activist, doing his best to address the question of growing human rights violations. He took special notice of anti-women traditions and customs and prohibited the selling and trading of women.

General Musharraf did not foresee the mass reaction this arrest and termination would cause since there were no other examples of prominent people standing up to his brutal and high-handed actions.

Chief Justice Choudry’s "No" was a hallmark in the history of judiciary. Never before had people been willing to risk opposing the status quo. Every previous military coup had been legitimized by the country’s top judges. Out of the 61 years of so-called independence, Pakistan has spent 32 years under military rule.

As the private television channels broadcast the news of Choudry’s dismissal and arrest, they asked leading lawyers for their opinion. Every single one explained it as an extraordinary action: there was no previous record of such an action against the chief justice. They called on other lawyers to come forward in a mass response.

Year One of the Pakistan lawyers’ movement is unprecedented, and there have been several ups and downs. It has witnessed ugly scenes of police and army brutality, but the lawyers never gave up. One of the main characteristics of this marvelous movement is its clear demand, which was accepted by every one: the demand for an independent judiciary. The Musharraf dictatorship is clearly seen as a brutal regime trying to curb the rising consciousness of independent judicial system.

The movement lead by the lawyers can be divided in three phases:
· The beginning phase, ending on 20 July 2007, when an 11-member bench of Supreme Court Pakistan reinstated Iftikhar Choudry.
· The second phase, from 20 July till 3 November, when the Musharraf dictatorship imposed an emergency degree.
· The third phase, from the imposition of the emergency until the general elections on 18 February 2008.

During the first phase, leaders of the lawyers’ movement did not directly attack the Musharraf. They also asked Choudry not to speak the media. Instead they build an effective base by speaking to Bar Associations across the country. This meant that they did not immediately seem to be doing anything out of the ordinary.

Iftikhar Choudry toured around the country by road to speak to various bar councils. His caravan was welcomed by hundred of thousands of ordinary people. But he did not speak a single word to the press. He concentrated on making general democratic remarks at the bar council meetings, which were open only to lawyers. Political activists made no fuss about this exclusion but cooperated with the lawyers.

These rallies were the largest mobilizations during the years of the Musharraf dictatorship and signaled the lawyers’ total support for Choudry. This method of proceeding meant that he was speaking “under the radar.” It did not seem that he was organizing a "political" campaign against the regime. In this manner Choudry was able to speak about the political situation without being “political.”

Initially the leaders of the lawyers’ movement were divided over whether they wanted the participation from political parties. Some argued that parties might create problems or take over the movement. Some feared that if they invited the political parties, then the religious fundamentalist parties would gain control and they did not want to see that happen. During the first month there was a fierce debate among the lawyers’ elected bodies over these questions. After coming to the conclusion that they could not win the struggle on their own, they invited all the civil society organizations to participate.

When Choudry’s case was scheduled to be heard by the Supreme Court, the lawyers called for a "gherao" at the Court. “Gherao” is a picket line, a practice used by the industrial working class all over the world. This very popular tactic of picketing was used effectively by the lawyers’ movement and made headlines in all the main electronic and print media. The media popularized the movement to an extent that the Musharraf dictatorship responded by introducing new electronic laws to curb the growing radicalization of the media.

In its first phase the lawyers’ movement was able to mobilize and unify the 80,000-strong lawyers’ community. The Bar Associations across the country have deeply democratic traditions, including yearly elections. Those who have been elected don’t run the following year so that there is a constant development of new leadership. These democratic traditions enable the lawyers to develop an evolving leadership that is always alive and deserving of respect. Normally, once a decision is taken, all lawyers follow. Those within the lawyers’ community who were not supportive of restoring Choudry to his office were socially isolated and, in many cases, their licenses to practice were suspended by the Pakistan Bar Council.

In this first phase the state tried to suppress the movement by arresting the lawyers, dispersing the demonstrations and rallies by force. But this did not succeed. Every repressive act motivated more militant actions. The lawyers’ black coats became respectable dress and many ordinary Pakistanis bought black coats from second-hand shops just to get maximum respect from everyone.

The lawyers organized weekly demonstrations, usually every Thursday. It was mainly the young lawyers who found new hope in the shape of this movement and its weekly actions. Young and particularly female lawyers showed absolute bravery as they fought pitched battles with the police. It was their first political action and they brought new energy to the movement.

The main political parties that fully supported the movement and participated in the weekly the actions were the Pakistan Peoples Party (PPP), Pakistan Muslim League Nawaz (PMLN), Pakistan Tehreek Insaaf (PTI), Labour Party Pakistan (LPP), Khaksaar Tehreek, National Workers Party (NWP) and Awami Tehreek. Activists of these parties were arrested several times for the crime of participating in the rallies.

Most of the radical non-government organizations and movements also fully supported this movement. Their support gave new meaning to civil society organization. The concept, civil society organization, became well known because of their total support to the movement. In fact every one participating in this unique movement earned respect from all sections of society.

The First Victory

The full bench of the Supreme Court of Pakistan, which was hearing Choudry’s case, decided to reinstate the Chief Justice on 20 July 2007. This was a historic victory of a mass movement and was not viewed as “political.”

Iftikhar Choudry immediately took office, became Chief Justice after a nearly four-month interval. Following his reinstatement, he began releasing political prisoners. He ordered the immediate recovery of missing persons; and some were eventually released by intelligence agencies. He stopped the construction of high-rise buildings that violated the building code. He also took notice of corrupt state actors. Iftikhar Choudry now had the full support of the other top judges, as well as those who already had become "people friendly" judges, the lawyers’ community and the people of Pakistan .

Meanwhile the regime was angrily waiting for a time to take action against the top judges once again. The Musharraf dictatorship, already unpopular, was weakened by this reinstatement. The power of the judiciary was contesting the power of the military generals and bureaucrats. In that sense there were some elements of dual power at work within the country.

Unfortunately, when the case of the presidential candidacy of General Musharraf came before the Supreme Court, it hesitated in issuing a decision. The Supreme Court had provisionally allowed him to contest the election, but his candidacy was challenged because the Constitution does not allow the same person to be president and chief of the army at the same time. Additionally, he was elected by a pro-Musharraf parliament that had been seated since 2002 and was overdue for re-election. In fact Musharraf was "elected" with a shameful support of PPP, which opted not to oppose the candidacy of General Musharraf and abstained from the vote.

In fact Benazir Bhutto, living in exile, was in contact with Musharraf to work out a power-sharing deal. But the two sides were afraid of the rising power of a movement that could challenge their own political hegemony. Benazir, leader of the PPP, saw an opportunity to come to power once again. Both the American and British governments had lost confidence in General Musharraf’s ability to fight effectively as their partner in the so-called "war on terror," and pushed this unholy alliance as the means through which Musharraf would be able to continue to rule. For his part, Musharraf needed to regain time since his attempt to unseat Choudry had failed. So he went, although reluctantly, to the negotiating table with Bhutto.

The Pakistan People Party also had considerable influence among the lawyers’ movement. While the main leadership of the lawyers’ movement was now calling for Musharraf’s resignation, the PPP directed its leaders not to raise this demand. This created confusion and division among the lawyers’ community all over Pakistan . The majority wanted to push ahead and end the military dictatorship, but now there was division in their own ranks.

It took two months of fierce debate and discussion among the lawyers’ elected bodies to work out their future course of action. Finally, an absolute majority came out in favor of continuing the movement. It decided to continue its weekly rallies, although, without the presence of the PPP activists did not have the same power as it had earlier.

Meanwhile, after striking a deal with Musharraf, Benazir Bhutto returned to Pakistan from eight years of exile. The state withdrew all the charges of corruption against her in the name of "national reconciliation." The day of her arrival, 18 October, religious fundamentalists carried out a suicide attack on the caravan welcoming Benazir Bhutto back. This intervention killed over 150 people.

Musharraf Strikes First

Musharraf could not be sure what would be the Supreme Court’s final decision about his eligibility as president and opted to strike first. On 3 November, he suspended the Constitution once again and arrested all the top judges. He introduced a new Provisional Constitutional Order and demanded all of the top judges to take a new oath under the PCO. To his surprise, over 60 top judges refused. In the fight against the military dictatorship, Iftikhar Choudry was now joined by two-thirds of his colleagues. All were placed under house arrest but it was difficult for the regime to find judges who would take the PCO oath.

The PCO was the second martial law decree issued by General Musharraf in the name of emergency. There was a new wave of terror with over 25,000 lawyers and political activists were arrested and private television channels were closed down.

After a month the arrested advocates were released, and so were most of the political activists. But the Constitution was hobbled with repressive amendments giving power to the military to try any civilian in military courts. The independent judiciary had been eliminated, the movement suppressed. Having done his homework, General Musharraf then announced a general election for 8 January 2008.

In this repressive situation the lawyers’ movement appealed to all the political parties to boycott the general elections. They argued that by participating they would be legitimizing General Musharraf’s dictatorial measures. With the vast majority of the lawyers in favor of boycotting, the political scene was divided into two distinctive trends, those advocating the boycott and those participating in the elections. Unfortunately the two main parties opted to contest the elections.

With both the pro-election campaign and the boycott movement gaining steam, Benazir Bhutto’s assassination on 27 December altered the political scenario. A mass reaction against the assassination brought a wave of sympathy for PPP, which had been campaigning. General Musharraf was isolated to an extent never seen before. Added to that factor was the country’s economic collapse. These factors caused a decisive change in the consciousness of the Pakistan working class. Their passive negativism toward the regime turned into active opposition.

Had PPP leadership opted to boycott the general elections--now postponed until 18 February 2008--and demanded the resignation of General Musharraf, the scenario would have been different. Musharraf would have no choice. But the PPP once again ignored the advice of the lawyers’ movement and decided to take part in the general elections.

Those who went to poll on 18 February voted against the pro-Musharraf political parties. But whichever side one was on over the question of participating in the elections, and whichever tactics employed, everyone was united in their opposition to Musharraf.

We have now entered the next phase of the unfolding struggle. The question remains: Will those coming to power reinstate the judiciary, a popular demand that would be very difficult to ignore, force Musharraf out, and restore the Constitution? Such a step would be the first toward building an independent democratic society where exploitation should be a word of past. The building of a genuine democratic Socialist Pakistan is the only way forward.

ENDS

Note: This is article is being published by Women Workers Help Line in a booklet, "women and advocate movement" on the eve of 8 March 2008.

Farooq Tariq
spokesperson
Labour Party Pakistan
40-Abbot Road Lahore, Pakistan
Tel: 92 42 6315162 Fax: 92 42 6271149 Mobile: 92 300 8411945
labour_party@yahoo.com www.laborpakistan.org www.jeddojuhd.com

Gojra Community Fights Back Against Sexual Violence

Fighting back against sexual violence in Pakistan
Linda Waldron

Gojra is a city with 135,000 residents in the Toba Tek Singh district of the Pakistani province of the Punjab. Over a period of a few days in early December, five girls, ranging in age between five to seven, were abducted while on their way to primary school in Gojra by gangs of young men. The girls were raped, beaten and left for dead.

Residents came together and with the support of progressive organisations in Lahore — the nearest major city, with more than 6 million inhabitants — organised a campaign against sexual violence.

This is an inspiring development as such crimes are often ignored, condoned or even encouraged in Pakistani law and society. Women of all ages suffer from high rates of rape, sexual assault and domestic violence, particularly women in rural areas. Seventy-five per cent of Pakistan's female population lives in rural areas, are largely illiterate, face constant motherhood and poor health.

According to a report by the Sahil children's rights organisation, issued on December 22, 197 female children were raped in Pakistan in the first nine months of 2004. The NGO complied this figure from monitoring 27 national newspapers.

The Human Rights Commission of Pakistan estimates that the actual incidence of rape of young girls is probably double or triple the officially reported figure.

There is great social pressure upon rape victims and their families not to report the attack to the police. Rape victims and their families who do, will frequently be ostracised by friends and neighbours. Perpetrators and their families can threaten further violence if a “compromise” or “forgiveness” is not offered by the victim's family.

Further discouraging rape victims from reporting the attack to the police is the way victims are treated by the courts. Not only is the victim's sexual history up for public examination and discussion, but women who file rape charges can be prosecuted for illicit sex under the 1979 Hadood Ordinances.

Under these regulations, the victim's statement has no testimonial value and should the victim be unable to produce four male witnesses to testify on her behalf, she can be charged with zina (having had sex outside of marriage). This “crime” carries a maximum penalty of stoning to death in public.

Failing this, a lighter sentence of imprisonment and whipping can be imposed. The usual punishment for zina is 4-10 years imprisonment and 30 lashes. Minors can be convicted of zina, with a lighter sentence of up to five years imprisonment and 30 lashes.

According to the Human Rights Commission of Pakistan, 50% of women who report rapes end up being charged with committing zina.

Pakistani law therefore condones and reinforces the idea that it is the rape victim who is to blame for the attack.

The Gojra community, however, refused to condone or accept the attacks on the five girls and started organising to fight back. The Labour Party of Pakistan, a well-known left-wing party, responded by organising a protest on December 10 in Lahore demanding that compensation be paid to the victims, that the chief minister of Punjab visit the victims, and that the local administration be removed. It also called on local communities experiencing such attacks to form defence committees and for a national awareness campaign to be organised against violence on women and children. The protest took place at the Lahore Press Club, and the headquarters of the main private TV channel, GEO.

Azra Shad, the chairperson of Women Workers Helpline, one of the sponsors of the Lahore rally told Green Left Weekly: “We need to explain why these crimes take place and address the root causes. Social customs such as karo kari — honour killing — and exchange marriages, regressive laws such as the Hadood Ordinances and Law of Evidence all encourage violence against women and children. We need to abolish these laws and customs if we wish to see an end to sexual crimes.”

On December 15, Father Bonnie Mendes, a Catholic priest in Toba Tek Singh, convened a community meeting to discuss the rapes of the primary schoolgirls. The meeting resolved to publicise the issue by distributing leaflets and talking to the local press, for parents to organise defence units to escort young children to school.

Under mounting public outrage across Pakistan, Punjab Chief Minister Chaudry Pervaiz Elahi visited the families of the five schoolgirls on December 20, and ordered the suspension of, and dismissal proceedings against, four senior police officers for negligence and dereliction of duty in the rape cases. This sent a strong message to the entire Pakistani police force to take reports of such crimes seriously.

From Green Left Weekly, February 2, 2005.

A Secular Persepctive on Shari'ah in the West

ISLAMIC SHARI'AH IN THE WESTERN WORLD

Asghar Ali Engineer

(Secular Perspective March-1-15, 2008)

As the population of Muslims is increasing in western countries like U.K., USA, Canada etc. the demand for applying Shari'ah law to Muslims is being voiced. The Government of Canada was toying with the idea of enforcing Shari'ah law in the state of Toronto but none other than progressive Muslim women and men themselves opposed government's intention to apply Shari'ah law and in view of stiff opposition by these Muslims, government gave up the idea'

Now comes the news that the U.K. Government may also think of applying Shari'ah law to Muslims of U.K. the Archbishop of Canterbury has also favored this measure. Rowan Williams, the Archbishop is reported to have said that the adoption of some aspects of Shari'ah law in the UK seems unavoidable. May be Archbishop is extending hand of friendship towards the Muslim minority which is of considerable size by now and is seeking some kind of accommodation with Muslim leaders. Or, may be he is under pressure to approve of application of Muslim law.

The BJP in this country wants Muslim law to be abolished although Muslim majority in India is much greater in size than in the UK. At one time it was unthinkable for Muslims of UK to have Islamic law applied to them but fast increasing population is creating pressure on the government. Though as yet we have not heard any opposing voice from progressive Muslims of UK, it may be matter of time before it is heard.

If Islamic law as codified by Muslim jurists of medieval ages is applied, it will create more problems for Muslim women. Our 'Ulama voice stiff opposition to any change in the law in keeping with the Qur'anic spirit, it can certainly better the modern laws pertaining to marriage, divorce and property rights. But problem is our jurists and 'ulama are too rigid to agree for any re-thinking even in the sprit of Qur'an.

Also, as rightly pointed out by some commentators there is no single law. Islamic law is different for Muslims of different sects. Even Sunni Muslims are divided into various legal schools like Shafi'I, Hanafi, Maliki and Hanbali and in U.K. there are Muslims, following all these schools besides Shi'ah Ithna 'Asharis and Isma'ilis. Though marriage may not be much of a problem but divorce and inheritance laws can cause major problems in these different schools of law.

Though men will certainly gain but Muslim women will be great loosers, if one goes by traditional Shari'ah laws. The Qur'anic provisions were interpreted in medieval cultural ethos and women, in that cultural milieu was far from equal. In western countries discrimination on the basis of gender is a major issue and educated Muslim women mainly complain against discriminatory practices in the extant Shari'ah laws.

In all Muslim countries there is movement for change in existing Shari'ah laws and particularly women are demanding change and progressive men conscious of gender equality support them. If Shari'ah law is applied in countries like UK, will it be applied as it exists, say in Sunni schools or it will be reformed? If it is reformed who will bring about reforms? In India Muslim women are against oral divorce pronounced in one breath and 'Ulama oppose any such change. It is ultimately secular courts, which are rejecting triple divorce insisting on proof for divorce.

The Muslim women in India are also pressing for standard nikahnama which is perfectly Islamic as marriage is contract in Islam and yet 'Ulama are not agreeing to nikah contract favoring women in Iran too, there is women's movement and many women have been condemned to death by stoning on charges of adultery and the Islamic jurists are not prepared to effect any change in traditional Ithna Ashari law prevalent in Iran. Those women demanding reforms have been sent to jail. There is also muta' marriage in force in Iran which again favors men.

In Saudi Arabia there are much severer problems and women cannot even enter into business deal directly without a male member apart from being forbidden to drive vehicles. They cannot vote in elections also. Recently municipal elections were introduced in Saudi Arabia but women were not allowed to vote despite demand from women.

I have met many 'ulama in UK. They are as conservative as in Islamic countries, perhaps even more in the alien environment of UK and other Western countries. If any attempt is made to apply Islamic law in UK it will trigger off bitter controversy between Muslims and non-Muslims, on one hand, and between Muslims and Muslims, on the other. The Muslim women are bound to protest.

Large number of Muslims is from various Arab and African countries with extremely conservative background and if 'ulama oppose any change in Muslim law or its selective application and these conservative Muslims will fully back up these 'ulama. Obviously, progressive Muslims wanting change in Shari'ah law will be outnumbered and the Government will have to listen to the conservatives.

Though there is provision for re-thinking in Islamic law called ijtihad, to this day 'ulama never allowed any one including one of their own tribe, to resort to ijtihad. An 'alim of standing of Muhammad 'Abduh in Egypt in late nineteenth century and early twentieth century had to face stiff opposition for his advocacy of change and re-thinking of Islamic laws. Though he rose to the high status of grand mufti of Egypt, yet he could not bring any change.

When the then President Sadat's wife Jehan Sadat used her influence to introduce a law by interpreting a verse of the Qur'an that a marriage would be registered only if husband bought a house in the name of his wife, it was removed immediately after the assassination of Sadat. Hosni Mubarak, the present president of Egypt also faced stiff opposition from the 'ulama of al-Azhar when he introduced a bill empowering women to obtain khula' (women's right to obtain divorce without husband's consent). He had to agree to a compromise formula before he could get the law passed.

This is the state of affairs in Islamic countries where reform should have been easier in totally Islamic milieu. How difficult it would be in non-Islamic countries, one can well imagine. In India where there are largest number of Muslims next only to Indonesia, ulama have opposed any change saying it is Muslim minority country and non-Muslim government has not right to interfere in Islamic laws.

When the Supreme Court of India granted maintenance to an aged woman beyond iddah period, the 'ulama, as well as Muslim political leaders, raised storm of protest and ultimately Government of India reversed the judgment of the highest court by enacting a law restricting maintenance within the iddah period. Thus UK Muslims will also face these dilemmas once Islamic law is introduced in UK or for that matter in any European and other western countries like USA or Canada.

The 'ulama consider formulations of medieval ages sacred and even divine. For them the Qur'anic concept of justice is secondary to men's authority over women. Men's right to divorce is considered as absolute whereas women's right is constrained by men's consent. Thus it is men who has authority to divorce although there is no such authority given by the Qur'an to men.

The 'ulama consider women as weak and emotional and incapable of taking proper decision and hence only men should take crucial decisions though women could be consulted. By the same reason they also think that a woman should not become head of state as it would be disaster for the state. This view is supposedly based on one hadith authenticity of which has been questioned.

Today there is great need for re-codification of Islamic laws and if Qur'anic spirit is followed in re-codification of Islamic laws in the areas of marriage, divorce and inheritance, these laws will be as good as modern laws based on the concept of gender equality and also much of the differences between various madhahib (schools of law) can be minimized.

These differences between various schools of law are precisely because of differences of opinion between jurists as also due to impact of local conditions, customs and traditions. Despite these differences all the jurists of the time were agreed on one thing: women are sinferior to men in every respect though there is no such assumption in Qur'an at all. This assumption of inferiority of female sex was introduced by the 'ulama and jurists who were themselves product of patriarchal ethos.

The Qur'anic injunctions on personal laws have no such direct or even indirect assumption and hence these injunctions prioritize women's rights. However, the right-based discourse for women could not be accepted by patriarchs of the time even though it was divine and hence Shari'ah laws were based more on patriarchal opinions and divinity was subjected to patriarchy.

Gender equality, originally found in Qur'an and lost in medieval patriarchal ethos has to be rediscovered buried in Qur'anic revelation and then only gender justice can be restored.

Brick Kiln Labourer Demands Right to Education

Brick by brick: Narrative of a bonded labourer who made bricks and studied alongside

By Aoun Sahi

He is not the man next door as you may like to think in your first meeting. Liaqat Javed, 29, of Bhobattian, a suburban Lahore village, is the son of a debt-slave brick kiln labourer. He has worked with his family at different brick kilns for more than a decade. Though, unlike his brothers and friends, he did not miss his school. Till the time that he passed matriculation examination in 1997, he went to school in the mornings and worked at the bhatta in the evenings.

He always dreamt of getting rid of that terrible life. His friends at the kiln used to make fun of him. They thought he had no right to dream about getting out of there because they had all been sent to the world 'to serve as slaves'.

Not everyone around was discouraging though, least of all his parents, especially his father, who had to pay a price. They worked extra hours to manage his education expenses but never forbade him from pursuing his studies.

Fighting against all odds, he finally managed to do his Masters in Political Science from Forman Christian College Lahore. "My father had to borrow money on interest to pay my college fee. During my college days we lived in Landianwala Vara, a village situated on Multan Road, some 50 kilometres away from the college. I had to get up at 4:30 in the morning to reach the college in time. Throughout the day I did not eat because I couldn't afford it and had my meal after getting back home around 5 in the evening. I have spent days when I had only one or two rupees in my pocket but never missed the college" he says.

Javed now runs an organisation, Backward's Rehabilitation and Improvement Commission (BRIC) aimed at educating the children living at brick kilns with their families.
Before doing his matriculation Javed wanted to become a doctor, but one incident changed his entire life. "In 1990 an international NGO opened a school at the bhatta where we used to live. My younger sister Shahnaz and her friend Amina started going to that school. In 1995 a Swedish television channel made a documentary 'My Life is Mine' about that school with special focus on Shahnaz and Amina. In 1997 that NGO took both Shahnaz and Amina to Sweden where the media portrayed them as heroines and leaders of change. We still have copies of many Swedish newspapers and magazines that gave special coverage to both of them. But when they returned to Pakistan after one month the NGO closed that school and these girls were again forced to work at brick kiln with their families."

Javed was shocked at how the heroines of yesterday were pushed back to square one -- helpless brick-kiln labourers. That was the time when he promised himself to help them get rid of this slavish existence.

This was the beginning of his struggle. By now he had started thinking about all the children of brick kiln labourers. "I started teaching Shahnaz and Amina in the night and within one year both of them succeeded in passing their matriculation exams as well."

In 1997 they (Javed, Shahnaz and Amina) also started visiting different brick kilns on their own to motivate people to educate their children. "We also started giving basic education to these children. It was a challenging task as nobody was ready to help us. Even the international NGO that had publicised Shahnaz and Amina was not ready to listen to us. But we did not lose hope and confidence in ourselves," he says.

In a few years some youth brick workers became part of their struggle but they were unable to finance them and that was the reason they started raising funds by visiting different schools, madrasas and churches. "We used to ask for one rupee from each student and in this way our struggle continued. But it was not enough to meet all the needs. In 1999 we opened a primary school at a brick kiln near Manga Mandi but most of the time we were unable to even pay the salary to the only teacher of the school. He was a very nice person and did not demand a salary every month. But before Eidul Fitr he asked for salary and was justified. At that time I had no money. I borrowed 400 kg wheat from a woman in a village and sold it to pay him Rs 3300 as salary. So these were the conditions under which we were working," he continues.

In the year 2000 they decided to establish the BRIC and for the first time also hired an office for the organisation. "This was the year when I left living at a brick kiln for the first time in my life," he recalls. In 2003 the organization was registered as an NGO and the same year Rotary Club Mozang Lahore provided BRIC funds to establish 23 literacy centres on different brick kilns. "We ran a literacy centre for six months on a brick kiln and all the people from ages 10 to 24 were given basic education. The Rotary Club was even ready to fund us for 100 literacy centres but we were not content with the curriculum they wanted us to teach because we thought it was not appropriate for brick workers. In 2005 after having consultation with experts and keeping in mind the brick workers' psyche, economics and atmosphere we developed our own syllabus."

From 2003 onwards the BRIC has run 74 literacy centres with the financial support of Rotary Club, Bonded Labour Liberation Front (BLLF) with Pastor Stanley Sjoberg of Stockholm Sweden at different brick kilns of Lahore, Kasur, Chiniot and Jhang districts. So far they have been able to educate 1604 brick kiln workers. "This year 16 students will appear in primary level exams and that is a big achievement for us," Javed announces proudly.

According to him funds are still the basic problem for BRIC. "So far none of the members is getting a salary. This year for the first time that we have received Rs 20,000 per month as structural expenditures from Pastor Stanley Sjoberg," he says. The entire staff of BRIC resides in the office of the organisation because none of them has his own house (as they come from families of brick workers).

One of Javed's student, Azeem Rashid, a 13 year old brick worker at Madina Brick Kiln will appear in primary examination this year. He says he has been working as brick worker that since his childhood and now he can make more than 700 bricks a day. "But I want to study and live a normal life."

"Javed bhai and other people came to our place in 2005. I was also a student at literacy centre. After completion of literacy centre duration of six month, I requested him that I want to study and since then BRIC has been providing me complete guidance and this year hopefully I will pass primary level," he says. Rashid too wants to liberate his family from this 'terrible' life "like Javed bhai".
He does not know that Javed has not succeeded in getting his whole family out so far. "It is right that I am now living a life many times better than brick workers and have succeeded in arranging education for one of my younger brother and sister but one of my elder brother still works as brick worker." Two brothers of Amina, his early day colleagues at BRIC, are also working as debt-slaves at the bhattas. "If we want to free them, we need to pay a heavy amount which they took as advance from the owners. Majority of them are illiterate. The brick kiln owners most of the time pay them upto Rs 2,000 but instead get signatures on a receipt of Rs 5,000."

He says the prime focus of his effort is to give the brick workers have basic education to get rid of this unjustified practice. "I know that my effort may have a minimal effect on the working conditions and lives of brick workers but one thing is clear that more than 90 per cent of those 1604 brick workers whom we have given basic education will at least educate their children. And that will be a huge contribution, " he says. Along with educating the brick workers BRIC also provides health facilities and legal aid to them.

The most beautiful day in Javed's life came in 2005 when he paid Rs. 23,000 to the brick kiln owner to free his father. "I still have that receipt with me that mentions that my father has paid all the amount that he took as advance and now he is a free man." It took his father more than 30 years to become a free man again. "I am working hard and hopeful that in coming June I will also succeed in paying the debt of my brother. I wish every brick worker family has a Javed. This is what I am striving for."

for feedback: aounsahi@gmail. com

http://jang. com.pk/thenews/ mar2008-weekly/ nos-02-03- 2008/enc. htm#1

AHRC Statement: Assault of Daughters of Asma Jehangir

PAKISTAN: Daughters of Asma Jehangir assaulted and threatened by gunmen of the ruling party

FOR IMMEDIATE RELEASE
AHRC-STM-002-2008
January 2, 2008

A Statement by the Asian Human Rights Commission

PAKISTAN: Daughters of Asma Jehangir assaulted and threatened by gunmen of the ruling party

The two daughters of Ms. Asma Jehangir, a well known lawyer, human rights activist and the United Nations Special Rapporteur on the right to freedom of religion or belief, were assaulted and illegally held for several hours along with their friends by armed persons of the Pakistan Muslim League Q (PML-Q); they were beaten severely and threatened to be killed. One of the girls was pushed into a room and this was only prevented due to the intervention of their mother. Ms. Asma. Ms. Asma herself was also threatened by the gunmen who used very filthy language against her. When police were called to the scene they took the side of the gunmen who claimed to be police officers. However, only two out of this group were policemen and the 20 other gunmen belonged to the PML-Q.

This incident happened at 1.30am when Ms. Muneeza Jehangir, Asma¡¦s eldest daughter along with her younger sister Ms. Sulema Jehangir and other friends, were making a video clip for her television channel, the Geo TV. She was filming the ripped posters and banners of the political parties in Lahore city, Punjab province, after the assassination of Benazir Bhutto, the former premier who was killed on December 27.

When they were filming the torn posters of the ruling party, which contained photographs of President Musharraf and other party leaders, some armed men arrived and held the two sisters and their companions at gun point. They were then ordered to follow the gunmen and when they resisted the gunmen beat them in public and dragged them to the PML-Q main election office of the province. At the office they were once again beaten and the men trained their guns on them. Someone then told the gunmen that the girls were the daughters of Asma Jehangir. The leader revealed that he was aware of their identities and then four of the gunmen started dragging the youngest one into a small room.

When she heard about this incident Ms. Asma Jehangir reached the party office but was refused entry as they physically restrained her and threatened her with their guns. Fortunately she managed to climb the iron gate of the party office and she saw that her eldest daughter and her friends were detained by more than ten armed persons and her youngest daughter was being carried by some other persons to a separate room. She immediately informed the Ghalib police station who reached the scene after some time. The police took the side of the armed men and pressurized the parents of the friends of her daughters to hand over the video tape which they did. The police then threatened the parents that they should not report this incident otherwise the girls would be kidnapped, raped and killed. The police also pressured the parents to stop Ms. Asma Jehangir from making this incident know and claimed that she would bear the responsibility for whatever might happen in the future.

The Asian Human Rights Commission condemns this incident of kidnapping, the illegal holding and threats of violence against the daughters of Ms. Asma Jehangir by the armed elements of the PML-Q. This incident is an attempt to harass human rights activists and their family members for speaking out against the military regime.

The AHRC condemns this attack and calls upon the government of Pakistan to conduct an inquiry into this matter and to arrest the culprits. However, at the same time the AHRC is quite skeptical as to whether any inquiry will be made into this matter unless there is pressure from the civil rights movement in the country and the international community. In the aftermath of the assassination of Benazir Bhutto it is quite likely that the military regime and the ruling party will attempt to silence the human rights and democratic activists. As the judges who defied the imposition of the state of emergency have been virtually dismissed from their posts there is little to be expected from the present judiciary of Pakistan by way of protection to citizens against acts of the regime and the ruling party. The AHRC calls upon the United Nations High Commissioner for Human Rights to cause an inquiry into this incident and to take other appropriate action.

# # #

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.

Equality Now Action: The Case of Dr. Shazia

Women's Action 26.1
August 2005

Pakistan: The Hudood Ordinances--Denial of Justice for Rape: The Case of Dr. Shazia

It is extremely difficult for me to recount those horrible moments, but I will do it for those thousands of sisters who are stuck in the grind of this society, this savage society. I will recount that sad story so I can be the voice for all my sisters who also suffered like me. I will do it so no court can just do paperwork and be a puppet for the government and victimize the victims. I will do it so every woman should be treated with respect.

Dr. Shazia in a statement to the Asian-American Network Against Abuse of Women

Dr. Shazia is a 32-year-old Pakistani physician who worked at a hospital run by Pakistan Petroleum Limited, a state-owned natural gas supplier in Baluchistan, a remote area of Pakistan. On 2 January 2005, Dr. Shazia was attacked and raped in her home, a guarded compound, by an intruder who broke in at night while she was sleeping. She reported the crime to the police despite intense pressure to keep silent, but instead of apprehending and punishing her attacker, the government of Pakistan has forced Dr. Shazia and her husband Khalid to flee the country under threats of death. Here is her story in her own words, as told to journalist Nicholas Kristof of the New York Times:

It was a routine day. I left for the hospital and I locked the gate to my residence. At 8pm, I returned and unlocked the gate and then relocked it. I went inside and I ate dinner and said my prayers. I watched a little television and then went to sleep at 10pm. I was sound asleep, and I felt someone pushing my hair. At first, I thought I was dreaming. When he started pushing harder, I woke up. The room was dark. I felt him pushing my neck even harder and I couldn’t breathe. I tried to scream. I tried to shout for help. He took a cord, and put it around my neck and began strangling me. I yelled and fought to get away from him, but all my fighting was useless. I was helpless. I tried to reach for the phone that was beside the bed, but he took the receiver and hit me on the head, and then he raped me. I said to him, “For the sake of God, for the sake of Mohammad, I have not wronged you, why are you doing this to me?” He said, “Be quiet.” He told me there was a man named Amjad outside with a can of kerosene, and they would set me on fire if I didn’t keep quiet. I said to him, “You must have your own sisters, or daughters, or mother.” He told me to shut up. He blindfolded me with my scarf, he pistol-whipped me, and he raped me again. When he was done, he covered me with a blanket and tied my wrists with a telephone wire, but he didn’t leave. He stayed in my room and watched the English language television. I was badly beaten and I lost consciousness. When I woke up, I was so scared I couldn’t breathe. Eventually, I tried to loosen the bindings on my wrist, and I was able to get a hold of scissors to free myself. I then fled to the home of one of the nurses. I was in trauma and shock. I didn’t say it, but she could see that I had been raped.

Doctors of Pakistan Petroleum were called in, but they told Dr. Shazia not to tell the police about the rape. They later told the authorities that she did not want to pursue the case. Her head was bleeding from the attack, but they let her sit there without tending her wounds and would not let her contact her family. Instead they sedated her and sent her secretly by charter airplane to a psychiatric hospital in Karachi, from which her brother and sister-in-law brought her home and contacted her husband Khalid, who was working in Libya. In her words:

Khalid immediately called me, and I told him everything that happened. He said he was with me and that I was innocent and that I should go give a statement to the police. He told me not to worry and that it wasn’t my fault. On January 9th the police took my statement. We were told by the military intelligence that within 48 hours, the culprit would be caught. We were then moved to another house by the government. We were held there under house arrest. I wanted justice. I know the government knows who the culprit is. A military intelligence officer told us they knew, but they haven’t done a thing. In the capital, while we were under house arrest, we saw the President on television. He said that my life was in danger. Meanwhile, Khalid’s grandfather declared that I was “kari” [a stain on the family honor] and that Khalid should divorce me and that his family should not have anything more to do with me. I thought I was going to be killed to save the honor of Khalid’s family. If I was to be murdered, I thought I should commit suicide. I took a knife, and I went to the bathroom. Khalid sensed what was happening, and he and my adopted son came to stop me. My adopted son said to me, “Mum if you kill yourself, I will also kill myself.”

The government forced Dr. Shazia to sign a statement saying that she had been given government help and that she wanted to close the matter. Officials let it be known that if she did not sign, it was likely she and her husband would end up dead. She was told that the safest thing for them was to leave Pakistan. She was told that if she tried to take action against Pakistan Petroleum, they would make life very difficult for her family. The case had already provoked additional unrest among tribal residents in Baluchistan hostile to government forces there. So she left the country with her husband, but the government would not let her son go with them. She was also told not to go and see any human rights organizations. Dr. Shazia is effectively in exile, and she has been unable to get political asylum in Canada where she has family. She would like to see justice done. In her words:

The government of Pakistan must understand that a basic need of their country is to provide justice to the victims. They must care about the rights of women. And if unfortunate incidents like mine occur, justice should be given to the woman. They shouldn’t do what they’ve done with me. They’ve exiled me and my husband and closed my case. The culprit is still able to walk the streets of Pakistan. It is not an example of justice. They need to know that women are also part of the country.

According to press reports cited by the Pakistan Human Rights Commission, a non-governmental organization, more than 10,000 women are raped every year in Pakistan, although the real figure is thought to be much higher. As in all countries, women are often reluctant to report rape, for social reasons as well as distrust of the judicial process. In Pakistan, there are additional legal barriers to pursuing a rape conviction. The rape law itself, one of the offenses of zina under the Hudood Ordinances, requires either the confession of the perpetrator or the eye-witness testimony of at least four Muslim adult male witnesses to the rape. If she is unable to prove rape, a woman who reports rape to the police is vulnerable to prosecution herself under the Hudood Ordinances for fornication if she is unmarried or adultery if she is married. In addition to these formidable legal barriers to the prosecution of rape, there have been several reports of police involvement in rapes and gang-rapes and of police protection of those accused of rape, particularly when they are from influential families. Women who have been raped are also at risk of “honor” killings, whereby a male relative kills them because they are thought to have dishonored the family’s name in the community by transgressing social norms, which is seen to include having been raped. It has been estimated that on average one thousand “honor” killings take place each year in Pakistan.

Even the Pakistan Government’s National Commission on the Status of Women has recommended repeal of the Hudood Ordinances on the grounds that they are discriminatory towards women and not in accordance with Islamic injunctions. They are also contrary to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which Pakistan is a party, and to the Constitution of Pakistan, which states at Article 25 that “(1) All citizens are equal before law and are entitled for equal protection of law. (2) There shall be no discrimination on the basis of sex alone.”

Recommended Actions
Please write to the Pakistani officials listed below. Ask them to take immediate steps to ensure the repeal or amendment of the Hudood Ordinances to remove the discrimination against women and ensure that women who have been raped receive equal protection under the law in accordance with Pakistan’s own Constitution and its obligations under CEDAW. Urge them to ensure that Dr. Shazia’s case is immediately and fully investigated and that those responsible for her rape, as well as those who threatened Dr. Shazia with death or other harm, are brought to justice. Please also write to the Canadian authorities to ask that Dr. Shazia, Khalid and her adopted son be allowed to live and work in Canada where they have relatives and are hoping to resettle. Letters should be addressed to:

General Pervez Musharraf
President of the Islamic Republic of Pakistan
Aiwan-E-Sadr
Islamabad, PAKISTAN
Fax: +92-51-922-1422
To e-mail President Musharraf, please go to: http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx

Mr. Muhammad Wasi Zafar
Minister of Law, Justice & Human Rights
S-Block, Pak Secretariat
Islamabad, PAKISTAN
Fax: +92-51-920-2628
E-mail: minister@molaw.gov.pk

The Honorable Diane Finley, P.C., M.P.
Minister of Citizenship and Immigration
Jean-Edmonds South Tower, 21st Floor
365 Laurier Avenue West
Ottawa, Ontario K1A 1L1, CANADA
Fax: +1-613-957-2688
E-mail: Minister@cic.gc.ca

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