Freedom (lack thereof) of expression?

Little is known concerning the content of negotiations between state authorities and the television channel, GEO. Meanwhile, speculation is rife:

The government demanded that programmes by Shahid Masood, Hamid Mir, and Kamran Khan be taken off air. The government also demanded that GEO’s permanent license be converted into a provisional one liable to termination at any time.

AAJ television gave in to certain government demands and is now back on air. Talat Hussain, ARY’s most popular anchor, has been suspended temporarily. The changed policies of channels that have been allowed to resume transmission are evident. DAWN, for instance, does not show live footage of protests and demonstrations any longer.

Pakistanis are also being forced to view the state-run PTV which religously documents Indian atrocities against Muslims in Kashmir!

While the media blackout is perhaps the most extensive to hit Pakistan so far, other channels of communication are flourishing. It is said that mobile phone companies recorded the highest number of smses sent on any one day in Pakistan, on November 3-4. Protests and demonstrations are also being organized through cell phones.

If you wish to protest with the UAE Government, the e mail for the
UAE Embassy in Islamabad is uaeempk@isb.paknet.pk

A martial law-ed Pakistani rants

Let us not delude ourselves. The purpose of the emergency/martial law monstrosity was to remove the Supreme Court bench. Most Pakistanis are happy to believe what triggered the declaration of the emergency was a tapped phone call indicating that the impending court verdict would not be favourable to the General. Having imposed the emergency, gotten rid of the stubborn justices, what purpose can the emergency serve? None. Why rejoice then? 

It’s amazing how one man rules a country like it’s no one else’s business. But it isn’t just one man. We’ve (from ‘our’ part of the world) heard about how the US has historically supported military regimes the world over. I used to read about the banana republics and I found it bizarre. Of course, Zia was not done to us by the US. He just happened. Sure! As did Musharraf. They call it misfortune? Bad people keep happening to us. In retrospect, that reasoning is naive to say the least. This is not to clump all that is America into a monolith labeled the US: let’s restrict ourselves to US policy.

Musharraf was on television today: “Hum nay women empowerment kii hai” (we’ve done women empowerment). How do you do that? In all earnestness. Women empowerment won’t be done by increasing women’s representation in mock assemblies. Women empowerment was a process when I checked last — a long term process involving a change in attitudes ‘etcetera’. Hundreds of women die of domestic violence each year; this figure is so bandied about you’re bored? I’m not surprised.“Hum nay minorities ko empower kar diya. Hum nay in ko joint electorate diya”. The tone is striking for its benevolence (read hubris). I shudder to think what it must feel like being a minority in this country. Yes, this country I’m castigating is mine and there is much love for it. What this vitriol is aimed at is not the country. It is at all those who’re trying so hard to ruin it and make sure it does not work.Please tell me I’m not alone in being offended. Since when did this country become his sole prerogative? ‘Main nay’ (I) is inserted into every sentence. The general thinks we need emergency rule on Sunday and so we do. The general knows best. On Friday he thinks it is needed no longer.  He must be correct. All hail the benevolent father figure eh? 

On another, more distressing note: Yesterday, the beheaded body of a police constable was found in a village near Thall. He had been kidnapped by six masked men a few days ago. A note found on the body read: “People should not join the police, paramilitary and army”. With photographs and videos posted everywhere on the internet, the figure of the baton-wielding policeman has become fairly ubiquitous. One wonders though, where exactly does one place the blame? The constables are performing their duty. They’re instructed to be ruthless. Not following duties can mean losing their source of livelihood. Is it not unfair, then, to be targeting them?

Anonymouse # 1

Boston Protest Against Martial Law – Nov 10th 2007

Pakistani students from local universities and colleges held a very 
successful protest rally at the Boston Commons. The rally was attended 
by about 200 people. The students had the full support of Boston’s 
Pakistani expatriate community. Boston area Academicians,Lawyers and 
Physicians attended and spoke at the rally.

Students at Harvard, MIT and Bunker Hill Community College were among 
the key organizers of the rally to protest the attack against the 
judiciary, curbs against the media and the violance against lawyers, 
human right activists and students exercising their right of peaceful 
protest.

Students from the Berklee college of music provided the percussion 
drums and synchronized the chants of AZAADI( freedom) in a show of 
solidarity with the Students, Judiciary, Journalists,Human Rights 
activists and Media  in Pakistan.

Emerson college students were in full force with video footage and 
interviewing of the crowd documenting the protest and the right for 
free speech and expression.

Wellesley college girls were in the forefront holding banners and led 
the “march of the chain” in a symbolic message for the people of 
Pakistan who have been arrested and brutalized for speaking out.

Brandies University students were accompanied by their Professor and 
program Director. She spoke in support of the students who were at the 
rally and encouraged them to exercise their rights of free speech and 
thought.

Also in attendance was a group of students from the university of 
Massachusetts and Hamshire college at Amherst.

The chants and slogans on the posters included Azaadi (the Urdu word 
for freedom), free our judiciary, lawyers, students, media and human 
rights activists, in addition to “support the people not the dictator” 
and “help democracy end hypocrisy,” which were mainly aimed at the US 
government for its continued support of General Musharraf.

The event was addressed by students as well as professionals and 
activists in the Boston area.

_________, a student at Bunker Hill Community college, made 
announcements during the protest.

_________, a Pakistani student at Harvard, highlighted the 
importance of an independent judiciary for the people of Pakistan and 
also stressed that the war against terror can not be won unless the 
country has a properly functioning judiciary commanding the respect of 
the masses. He criticised the US policy of supporting dictators in the 
country and said that the US had to decide whether it was with the 
people of Pakistan or with the dictator.

__________, a Pakistani student at the Berklee college of music, 
spoke about how an environment of state oppression was extremely 
detrimental to creativity and made it difficult for artists like 
herself to operate.

_________, a Pakistani student at MIT, discussed the impact of 
the present crisis on the economy and how it was going to make life 
for the majority of Pakistanis living in poverty even tougher.

__________, a Harvard student from Pakistan, linked the struggle of 
the Pakistani people with similar causes in the rest of the world.

Physicians from Tufts University and Massachusetts General Hospital 
addressed the  students and highlighted the fact that most of their generation had 
grown up in Pakistan, knowing only  totalitarian regimes and dictatorship in one 
form or another. They encouraged the youth of Pakistan to revive the 
Student Movements of their country and to work for a change to wards 
democracy.

Dr. Khoso,son of  Justice Khoso shared his family’s ordeal and the 
hardship his father had recently undergone along with the arrest of 
his two brothers.

Friends of South Asia were represented among others, by lawyers like 
Lubna Mahmood and Supreme court Judge Dr. Aslam Khaki, who shared 
personal accounts of the brutalities their colleagues are facing.

Poetry from Faiz, a prominent Pakistani poet, was elloquently sung by 
Mustafa Kamal Ahmed.

Representatives from the  International Action Center and other Human 
Rights Activists also addressed the crowd. Mr. Gabriel Camado spoke 
very eloquently and shared the struggles of his people in South America.

Mary Najimi highlighted the support of the Arab American coalition for 
a US policy change in South Asia and the middle east and promised to 
spread the message of solidarity amongst the local communities.

Hassan Abbas was present and spoke to the media in favour of the 
Boston Students’ initiative
and their message of support for the students in Pakistan.

The event was also attended by local groups like the Alliance for a 
Secular and Democratic South Asia and officially endorsed by the 
Massachusetts chapter of the National Lawyers Guild, which is also 
planning to hold a demonstration on Tuesday, Nov 14 at the state house 
in Boston.

This email was circulated amongst the LUMS student body by a LUMS faculty member

The Observatory requests urgent intervention

The Observatory

for the Protection of Human Rights Defenders 

L’OBSERVATOIRE pour la Protection des Défenseurs des droits de l’Homme

EL OBSERVATORIO para la Protección de los Defensores de Derechos Humanos

URGENT APPEAL – THE OBSERVATORY 

New information

PAK 001 / 1107 / OBS 136.1

Forced disappearances / Solitary confinement /

Arbitrary detentions / Torture /

House arrest / Arrest warrant /

Releases on bail / Judicial proceedings

Pakistan

November 8, 2007 
 

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), has received new information and requests your urgent intervention in the following situation in Pakistan.  

New information: 

The Observatory has been informed by the Human Rights Commission of Pakistan (HRCP) about the release on bail of its staff and council members. Yet, the repression goes on against the civil society, in particular lawyers and judges. 

According to the information received, on November 6, 2007, the 55 members of the HRCP office in Lahore who had been arrested on November 4 (See background information) were released on bail at 7.30 pm by the order of Home Secretary. Yet, they are still facing charges under the Maintenance of the Public Order Ordinance and sections 146, 147 and 148 of the Penal Code. 

In addition, Ms. Asma Jahangir, HRCP Chairperson, human rights lawyer and United Nations Special Rapporteur on freedom of religion or belief, remains under house arrest under a 90 days preventive detention order (SO (IS-I)3 – 24 / 200), issued by the Home Department of the Government of Punjab on November 3, 2007. Likewise, a 90-day detention order also remains in place against Ms. Hina Jilani, Special Representative of the United Nations Secretary General for Human Rights Defenders, currently overseas. The Observatory fears that Ms. Jilani will be arrested when she returns to Pakistan. 

Furthermore, it has been reported that hundreds of lawyers and judges of superior courts are currently under arrest and would have been tortured while in detention, including Mr. Muneer A Malik, former President of the Supreme Court Bar Association and leader of the lawyers’ movement, currently detained at the Attack Fort under the custody of the military intelligence ; Mr. Aitzaz Ahsan, President of the Supreme Court Bar, and currently kept in Adiayala jail in solitary confinement, Mr. Tariq Mahmood, former President of the Supreme Court Bar Association, first detained in the Adiala jail and who was reportedly shifted to an unknown place; and Mr. Ali Ahmed Kurd, former Vice Chair of the Pakistan Bar Council, in the custody of military intelligence and being kept at an undisclosed place. 

The Observatory expresses its deepest concern regarding these arbitrary detentions and forced disappearances, as they seem to merely aim at sanctioning the mentioned defenders’ human rights activities and strongly condemns these serious violations of international human rights law. 

The Observatory further recalls that, as member of the Human Rights Council, Pakistan is committed to “uphold the highest standards of promotion and protection of human rights”¹, and therefore urges the Pakistani authorities put an end to any kind of harassment against all human rights defenders in Pakistan.

Background information:  

In a context where the President Musharraf has imposed a state of emergency in Pakistan, suspended the constitution, dismissed the Chief Justice and arrested leading lawyers, Ms. Asma Jahangir was put under house arrest on November 3, 2007, under a 90 days preventive detention order (SO (IS-I)3 – 24 / 200), issued by the Home Department of the Government of Punjab and reportedly to prevent her making “inflammatory speeches”. 

In addition, a house arrest warrant for a period of 90 days has been issued against Ms. Hina Jilani, who is expected to be detained by the police when she returns from overseas.  

On November 4, 2007, the police raided the office of the Human Rights Commission of Pakistan situated at Tipu Block, New Garden Town in Lahore and arrested 55 of its members², who were at the time gathering at a joint action committee to discuss the situation after the imposition of the state of emergency. Charged with holding “illegal assembly” and interfering with public officers under the Criminal Procedure Code, they were taken into preventive detention under Maintenance of Public Order Ordinance and remanded to the Kot Lakhpat Jail Lahore. Messrs. Syed Igbal Haider and I. A. Rehman, respectively HRCP Secretary General and Executive Director, were also among those arrested and were then placed under house arrest.  

On November 5, 2007, Messrs. Igbal Haider and I. A. Rehman, along with the other HRCP members who had been arrested on the day before, appeared before a judge and were sent to the Kot Lakhpat Jail Lahore till the next hearing, on November 6, 2007.  

Actions requested : 

Please write to the authorities of Pakistan urging them to : 

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Muneer A Malik, Mr. Aitzaz Ahsan, Mr. Tariq Mahmood, Mr. Ali Ahmed Kurd, Ms. Asma Jahangir, Ms. Hina Jilani, should she return to Pakistan, all HRCP members as well as of lawyers and magistrates currently detained or under house arrest;

1. Take prompt action in order to locate Mr. Tariq Mahmood and Mr. Ali Ahmed Kurd, make public their whereabouts, and ensure their immediate release;

1. Put an end to the house arrest of Ms. Asma Jahangir and release immediately and unconditionally Mr. Muneer A Malik and Mr. Aitzaz Ahsan, as well as all other defenders who are currently detained, since their detention is arbitrary as it merely aims at sanctioning their human rights activities;

1. Cancel the warrant of arrest issued against Ms. Hina Jilani as it seems to merely aim at sanctioning her human rights activities;

1. Conduct an immediate, independent and impartial investigation into the above-mentioned allegations of torture in order to identify those responsible, bring them to justice and sentence them according to the law;

1. Put an end to all acts of harassment, including at the judicial level, against all human rights defenders in Pakistan;

1. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and article 6, which states that “everyone has the right, individually and in association with others: to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms (…), freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and to study, discuss, form and hold opinions on the observance (…) of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.

1. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Pakistan.

Addresses: 

• General Pervez Musharraf, President, Pakistan Secretariat, Islamabad, PAKISTAN, Fax: +92 51 922 4768/ 920 1893 / 1835 / +92 51 9221422; E-mail: via website: http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx
• Mr. Aftab Ahmed Khan Sherpao, Minister for the Interior, Ministry for the Interior, Room 404, 4th Floor, Block R, Federal Secretariat, Islamabad, Pakistan, Fax: +92 51 9202624, E-mail: minister@interior.gov.pk / secretary@interior.gov
• Mr. Zahid Hamid, Minister of Law, Justice and Human Rights, Room 305, S-Block, Pakistan Secretariat, Islamabad, Pakistan, Fax: +92 51 9202628 / +92 51 9201631, E-Mail: minister@molaw.gov.pk
• Mian Kurshid Mahmud Kasuri, Minister of Foreign Affairs, Ministry of Foreign Affairs, Islamabad, PAKISTAN, Tel: +92 51 92 10 335, Fax: +92 51 920 7600
• Ghulam Safdar, Joint Secretary for Law, Justice and Human Rights, Islamabad, PAKISTAN, Tel: +92 51 921 1278, Fax: +92 51 920 1631
• Ambassador Masood Khan, Permanent Mission of Pakistan to the United Nations in Geneva, Rue de Moillebeau 56, Case postale 434, 1211 Geneva 19, Switzerland, E-mail: mission.pakistan@ties.itu.int, Fax: +41 22 734 80 85
• Embassy of Pakistan to the EU in Brussels, 57 avenue Delleur, 1170 Watermael-Boitsfort, Belgium, Fax: + 32 2 675 83 84 / +32 2 675 8394

***

Geneva-Paris, November 8, 2007 

Kindly inform us of any action undertaken quoting the code of this appeal in your reply. 

 

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.  

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29 

International Federation for Human Rights 17, Passage de la Main d’Or 75 011 Paris, France

World Organisation Against Torture Case postale 21 – 8 rue du Vieux-Billard 1211 Geneva 8, Switzerland

 This was mailed to us at humanrightsblog@gmail.com by A.B. Many thanks!

Canada: the protest spreads

FOR URGENT RELEASE

Toronto Nov 4, 2007: 

The imposition of emergency rule in Pakistan is an unjustified action against the people of Pakistan. Fundamental rights and civil liberties must be restored immediately. This was stated in a meeting of the South Asian Peoples Forum in Toronto on Sunday afternoon. The meeting was addressed by Professor Sara Abraham, Mrs. Talat Zehra, Syed Azeem, Ameer Hussain Jaffery and Barrister Abdul Hamid Bashani Khan.

The participants expressed their deep concern over the situation and termed it an assault on human rights and civil liberties. The group demanded that the emergency be lifted immediately, the hundreds arrested be released, and democracy be fully restored. South Asian Peoples Forum (SAPF) has expressed its complete solidarity with democratic forces, lawyers and human rights activists in Pakistan who oppose this latest ominous development in Pakistan politics. The group has announced that it will organize a demonstration in front of Pakistan Consulate in Toronto at 3:30 pm on Friday afternoon and has called upon South Asian people and friends to collectively come out for this.

(This was emailed to Anonymouse 1 (through the HRCP network) from Canada)

The EU’s reaction to the Emergency

Declaration by the Presidency on behalf of the European Union
on imposition of emergency rule in Pakistan
 
 Date:   2007-11-06
 
The EU is deeply concerned with the declaration of the state of emergency and suspension of Pakistan’s constitution and fundamental liberties announced by President Musharraf on 3 November.  It strongly reiterates the importance of holding free and fair elections on schedule, of restoring civilian rule and the full respect for human rights, including the independence of the judiciary and freedom of the media. The EU is particularly concerned by reports of numerous arrests of leaders of political parties, lawyers, journalists, human rights defenders and representatives of civil society. 
The EU takes note with interest of the statement by PM Aziz that the elections will take place, as scheduled, in January, and will look forward to the implementation of the necessary conditions to guarantee free and fair elections.  
While recognising that Pakistan faces threats to its peace and security, the EU believes that stability and development can only be achieved through democracy, respect for human rights and the rule of law.
The EU therefore now calls on the Government of Pakistan to take urgent action to:

i) restore the Constitution; ii) implement the necessary conditions to guarantee free and fair elections on schedule in January; iii) release all political prisoners, including members of the judiciary, as well as Ms. Asma Jahangir, UN Special Rapporteur on freedom of religion and belief; iv) honour the President’s commitment to step down as Chief of Army Staff by 15 November; v) pursue energetically reconciliation with the political opposition; and, vi) relax restrictions on the media.
At the same time, the EU urges all parties concerned to show restraint and to work together for a peaceful and democratic solution.

Many thanks to A.B (we are not disclosing names for safety reasons). This was mailed to us at humanrightsblog@gmail.com

The New York Protest

 I’d like to tell you that the New York Protest went very well. It was called on a short notice of a few hours. Around 50 people came to the protests (most of whom we did not know) and we got good media coverage. I was later called in for a live interview by Al-jazeera English to the Reuters studio (shall send you that video once I have it). Please circulate this material as you deem fit.

For the cause!

 

Contributed by a LUMS alumnus ‘06 (now at Colombia ‘09)

(This was emailed to us at: humanrightsblog@gmail.com)

International media

In about 2 hours from now, FRANCE24, a television channel in France is going to broadcast photographs of the protest at the Lahore High Court (05 November 2007). Photographs can also be viewed at http://www.flickr.com/photos/rizwan_quraishi  Julien Pain at FRANCE24, has agreed to help out with giving our pictures, videos and articles further media attention through FRANCE24. Send photographs for broadcasting to rizwan.quraishi@gmail.com     

CNN World News is expected to broadcast the protests in LUMS at 9 PM PST tonight.  http://edition.cnn.com/videos 

Spout, spew..make yourself heard!

Here is a chance to share your personal experiences! You can talk about anything ranging from how ’religious prohibition’ on tattoos limits your freedom of expression to how policemen stopping you on the road for no rhyme or reason until you pay off violates your rights. The sky’s the limit people! Lets hear what you have to say. Spout, spew, make yourselves heard

The Place of assisted Suicide in a Human Rights Discourse

 In an article on the BBC news, titled “Britons who chose assisted suicide”[1] the reporter talks about a charity clinic in Switzerland which assists people in committing suicide. The article quotes that to date ‘Dignitas’ has helped 40 people from the UK in assisted suicide. While there are examples given of those terminally ill patients who chose a ‘dignified’ death as opposed to ebbing away, it also quotes a couple who were not assumed to be terminally ill, and who still chose to die by taking lethal doses of  barbiturates. Apparently the same clinic offers their services to those people who they think need it, as in the case of Diane Pretty. Ms. Pretty however turned down their request and chose to challenge UK’s law on assisted suicide. However her claim that she had the fundamental human right to ‘choose’ death was rejected by the Public prosecutor, the High Court and the Law Lords. The European Court of Human Rights also discarded her claim, that the UK courts had disregarded her Human Right.

I was perhaps forced to consider, what has been propagated as, a fundamental question of human rights (HR), on reading this article, and that was HR’s claim to universality. If it is agreed that there is such a notion as HR then perhaps there ought to be a consensus about what HR entails, what all it encompasses, and critical issues such as the right to one’s life, as perhaps an issue of ownership, ought to be resolved. From this article it can be inferred that Switzerland does allow assisted suicide, on what basis if so? And why is it that UK laws are then so conservative in their approach? Perhaps in order to give man the right to choose life inevitably makes ones life one’s property, and then one can justify selling his life, hence body, for the sake of money, for he can do as he pleases with it. Does it constitute a Human Right, according to the European Court of Human Rights, no. Should HR be defined by a single body if it is a universal concept? Who better to decide this concept, and what it entails, if not the people who are unfortunately faced by circumstances where they need to exercise such rights, if these are indeed rights?

Perhaps there is no answer to that on an individual level but not only is the ‘one party defining HR’ a strike against HR, but it is also a question of who decides and can one standard apply to all, or is it that people are getting carried away with the concept of Human rights to try and get away with what they want by qualifying it as such?

Contributed by:

Law Student

Lahore University of Management Sciences, 2008

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[1] Britons who choose assisted suicide, BBC news < http://news.bbc.co.uk/1/hi/health/4643802.stm>