94th National Management

Course

SIMULATION EXERCISE-I

“Law and Order and Criminal Justice System”

SYNDICATE-1

CABINET DIVISION’S COMMITTEE ON PAKISTAN’S

INTERNATIONAL OBLIGATIONS AND THEIR IMPACT ON WRIT
OF GOVERNMENT AND RULE OF LAW

COMPOSITION OF SE-1

Participants Names Designation / Assignment

1. Mr. SAJJAD Ahmad, DMG, Chairperson Pakistan’s Permanent Representative to
UN Security Council
2. Mr. SAQIB Aleem, DMG Secretary, Home Department, Punjab and Sindh
3. Mr. IZHAR ul Hassan , ExC. ISI Legal Advisor, Ministry of Foreign Affairs
4. Mr. Zulfiqar Ahmad CHEEMA ,PSP Director, HRC of Pakistan
5. Mr. HASSAN Iqbal , DMG Ex-Head of Pakistan’s delegation CEDAW
6. Mr. GULZEB Khan, ExC.PCS (SG)-KP Secretary, Home Department, KP and Baluchistan

Faculty Advisor: Mr. Shafiq Hussain Bokhari

Date: 17-03-2011
 PREFACE

We are grateful to the Faculty Advisor Mr. Shafiq Hussain Bokhari for his intellectual and
technical guidance on the subject. He discussed and led the Committee for conceptual and
thematic clarity. we are also thankful to Mirza Shams ul Hassan for his visits and guidance
for contacting resource persons. He was kind in providing details about an important resource
person. He also briefed the Committee regarding getting output from all members. We are
indebted to Mr. Ahmer Bilal Soofi, a renowned authority on international law for his valuable
time. He graciously briefed the Committee in his NGO office. All were impressed by his
passion for the country and his efforts to contribute in the field of international law. He
explained United Nations Framework, genesis of obligations and their impact on a state. We
also express our gratitude to eminent expert Mr. Tariq Siddique, who diverted our focus on
national interest and emphasized its importance while committing to a treaty. We met
Research members of RAG 4 and are particularly thankful for the advice of Mr. Qaiser
Saleem. We are also grateful to Mr. I A Rehman, Director HRCP and Mr. Shmashad Ahmad
Khan Former Foreign Secretary Pakistan for giving special time to our members and sharing
analysis on the subject.

We are thankful to our colleagues of 94th NMC who have kept us informed about the
developments and research achievements of their respective subjects. Their sincere, frank
interaction and exchange of views helped the Committee members in formulating
recommendations.

i
 EXECUTIVE SUMMARY

In the modern world of fast communication and contact, it has become imperative for
a state to live up to its commitments and obligations for securing an honorable place among
comity of nations. Any slackness or neglect to a commitment is flashed all over the globe in
seconds followed by adverse opinions and in few cases dire consequences. Obligations once
undertaken are difficult to revoke and deny. Therefore, the subject is most important for
having a vibrant policy, strategy and operational mechanism to honor commitments.

Pakistan signed United Nations Charter in 1947. By signing, it has committed to the
decisions of UN. Further in the UN system ratified conventions and protocols become
mandatory for the concerned countries. Like, in case UN Security Council passes a resolution
under chapter 7 of UN Charter, it becomes binding on nation states to comply with.

Obligations are voluntary in case of treaties but once ratified become binding and
compliance is to be reported. Similar is the case with United Nations Security Council
Resolutions under chapter 7. Both situations warrant compliance in the shape of laws and
other measures to ensure desired results.

While attaining compliance position, Pakistan has faced local resistance in few cases.
This challenged writ of the government and posed , in some cases, serious law & order
situations. Prevailing conditions require bottom up approach in cases where ethos and
culture of local people came under stress while seeking compliance. It has made it mandatory
for the concerned officials to consult or at least be vigilant regarding after-effects of a
commitment. The rationale for getting feedback from civil society on a subject prior to its
commitment is essential to avoid embarrassment and loss.

During this study and while formulating recommendations the most important point
has been kept in view that how Pakistan can avoid any other adverse situation while
fulfilling international obligations. Pakistan's image is supreme than any other consideration.
It can only be achieved and maintained if the obligations are undertaken with care and
keeping in view the local aspirations. National interest should be kept supreme in the process.

The Committee has selected a few areas of most important live events out of
thousands of obligations generated from UN process over the years where there is a
continuous challenge or a threat to writ of government resulting in a challenge to rule of law.

ii
 CONTENTS

Pages

INTRODUCTION 1

• Statement of the problem, 2

• Methodology 2

• Terms of Reference and focus 3

• United Nations and nature of resolutions 3

• National Purpose of Pakistan 3

• National Interest of Pakistan 4

Section-1

• Obligations regarding Women and Children and analysis 4

Section-2

• Obligations regarding Human Rights and analysis 9

Section-3

• Obligations regarding Terrorism and analysis 12

Section-4
• Conclusions and Recommendations /Plan –A & Contingency Plan –B 18

Bibliography 23

Annexure A 24

iii
 INTRODUCTION

Pakistan is a signatory to many international treaties. Present departmental arrangement

for their follow up is scattered and lack coordination. State structure is further going to be
distributed after implementation of the 18th amendment. Over the years, the Federal Government
in respective departments has been maintaining records of the treaties though not on scientific
and central basis. Neither there was a vibrant institutional arrangement for coordination nor
effective follow up on ground. Nevertheless, the subject remained in mainstream till now. After
the constitutional amendment most of the departments are being devolved. There is hardly any
capacity at the provincial level to make visible progress in each treaty. It will take some time for
them to come up to the expectations of the international community. This will delay the process
of compliance and will have negative impact for our country due to incomplete reporting on the
subject.

In addition to limited capacity and partial neglect, non-resolution of basic issues

generated problems impinging on the writ of the government and rule of law. The government
will have to take measures on immediate basis to keep process platforms intact, continuation of
treaty sections, create forums for seeking their input before an obligation is undertaken and for
each set of similar obligations, a vibrant focal group of professionals/institutions to work for
actualizing commitments/obligations.

International commitments are generated from Ratification of Treaties and

Multilateral Conventions, UN Resolutions (Chapter 7 Binding Resolutions) and other
commitments like Bilateral , General Resolutions , Customary Norms and Unilateral
Statements.

Main live subjects which are considered important with reference to writ of the
government range from women and children rights to blasphemy laws in Pakistan. Being a
Muslim country it has a basic article in the Constitution (article 2) , according to which Islam is
the state religion. By the Constitution's article 31 it is the country's duty to foster the Islamic way
of life. Its commitment to religion makes it distinct. It is inviting criticism because of weak
judicial system, the presence of which encourages persons to take action and reaction on their
own. Otherwise they would have been resorting to a court of law and there would have been a
government of law. The situation has further been aggravated because of economic difficulties
which has forced people particularly the younger generation to divert emotionally to religion and

1
attach oneself to get recognition and life hereafter in the most controversial manner. This has
posed many challenges to the state apparatus.

The analysis portion contains three main sections;

1. Obligations related to women and children

2. Obligations related to human rights
3. Obligations related to terrorism

Statement of the Problem

Non-compliance to obligations will continue creating problems for Pakistan both

internally as well as externally. No state can live alone and in vacuum therefore, to have
international image, this challenge is to be met.

Methodology

The data was collected from Government Record, Relevant Treaties, Published Material
on Treaties ,UNO Website ,Constitution of Pakistan and compliance laws. Review of literature
was found deficient as it did not provide gaps and their resolutions in our country’s perspective.
Therefore the subject was discussed and crystallized with the following resource persons ;

• Mr. Tariq Siddiqui Ex Principal Staff College Lahore

• Mr. Munawar Bhatti, Addl. Secy. Foreign Affairs
• MR. Sher Bahadur Khan, Legal Advisor, Foreign Affairs
• Mr. Shahid Khan, Secretary Home Govt. of Punjab
• Mr. Shamshad Ahmad Khan, Ex. Secretary Foreign Affairs
• Mr. Tariq Saeed, Rep of UNICEF, Lahore
• Mr. Ahmer Bilal Sufi, Senior Advocate, Supreme Court of Pakistan
• Mr. I.A. Rahman General Secretary, Human Rights Commission of Pakistan

While doing so, actual aim of this exercise was kept in view and present knowledge
acquired by the members of this committee over the years through service was fully utilized.
Basic parameters of research set out in this respect were taken as guidelines. Efforts were made
2
to make a workable solution of selected problem which should synchronize with our national
purpose taking into account our national interest. Strategy has been worked out keeping in view
its magnitude and after calculating resources has been suggested with time frame.

Terms of Reference and Focus

The Committee was asked to work out strategic and operational plans to ensure writ of
the government and establish rule of law by averting law and order situation while fulfilling
obligations. Pakistan’s International Obligations are of two kinds, namely, Voluntary ---which
are through treaties , compulsory / binding through United Nations Security Council Resolutions
under chapter 7 of UN Charter. Their number range from 1010 to 10,000. Each treaty and
binding resolution generate host of obligations. Rationalising scope of current exercise, it was
considered appropriate to focus on major obligations having direct impact on writ of government
and rule of law. Therefore obligations related to women and children, human rights and
terrorism were focussed.

(Source- UNO official web site and Ahmer Bilal Soofi , renowned lawyer on the subject)

United Nations and Nature of Resolution

UNO has 6 independent organs working in different fields. The genesis of mandatory
obligations is chapter 7 of UN Charter. Under Article 1 of the UN Charter, it is one of its
objectives and method to achieve this is written as under ;

'To achieve international co–operation in solving international problems of an economic,

social, cultural, or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race, sex,
language, or religion' (source-UN Charter)

National Purpose

National purpose to fulfill obligations is to earn honor among nations by materializing

commitments or mandatory requirements. In specific terms the country may have sovereign
democratic state based on Islamic principles of social justice.

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 National Interest

Following are the national interests in this backdrop of obligations regime;

1. Sovereign peaceful co-existence

2. Dignified Synergy to friendship
3. Advantage through commitments
4. Access to opportunities for social and economic benefits

SECTION – 1

STATUS OF WOMEN AND CHILDREN IN PAKISTAN AND

INTERNATIONAL OBLIGATIONS
1-1 Status of women in Pakistan:

The status of women in Pakistan varies considerably across classes, regions and the rural/urban
divide due to uneven socio-economic development and the impact of tribal, feudal and capitalist
social formations on women’s life. Though the Pakistani women of today are enjoying a better
status than most Muslim and Middle Eastern women , however, on an average, the women
situation vis-à-vis men is one of systemic gender subordination.1

Pakistan signed the “United Nations Charter” just after independence in 1947 and became a
member. Soon after, it also signed the “Universal Declaration of Human Rights” in 1948. After
accepting various International Obligations from time to time it became mandatory to follow the
international obligations to move forward with the international community.

With regard to the “status of women” and Children in Pakistan, Constitution of Pakistan,
1973 has following provisions:

- Article 25 (1) “All citizens are equal before law and are entitled to equal protection of
law”.
- Article 25 (2) “There should be no discrimination on the basis of sex alone”.
- Article 25 (3) “Notwithstanding in this article shall prevent the state from making any
special provision for the protection of women and children”.
- Article 35 “The state shall take every measure to protect the marriage, the family, the
mother and the child.
- Article 37 (d) “The state shall ensure inexpensive and expeditions justice”2

1
Wikipedia, women in Pakistan
2
Constitution of Pakistan, 1973
4
Successive governments in Pakistan made attempts to improve the status of women. Zulfiqar Ali
Bhutto’s period is considered to be the starting point for the women development. But
immediately after the military takeover of Gen. Zia-ul-Haq, the process of Islamization started
and discriminatory laws against the women were enacted, contrary to the Constitution of
Pakistan. He proposed laws regarding Qisas and Diyat, Islamic Penal laws governing retribution
(qisas) and compensation (diyat) in crimes involving bodily injury. When the victim was a
women, the amount of diyat was halved3.

Similarly, Hudood Ordinances and Qanoon-e-Shahadat Order (Law of Evidence

Order) also generated controversies among the international community. According to a 1998
report by Amnesty International, more than one-third of all Pakistani women in prison were
being held due to having been accused or found guilty of zina 4. For the purpose of Hudood
Ordinance and zina, age of maturity or puberty or for female was 16 years and for male 18years
whichever earlier. The law declared female sixteen years and male eighteen years eligible for
marriage. Laws for obtaining the national identity card was eighteen years age for male and
female, whereas child could not be put to labor up to the age of fifteen years as per labor laws.

Later governments could not do much to do away with the “Islamic Discriminatory
Laws” against women. Pakistan acceded to convention on the “Elimination of All Forms of
Discrimination Against Women” (CEDAW) on February 29, 1996. Pakistan is obliged by its
ratification of international treaties to ensure respect for women’s rights and fundamental
freedom. The convention requires the government “to take action to eliminate violence against
women as a form of discrimination that inhibits women’s ability to enjoy rights and freedom on
a basis of equality with men.5

3
Asma Jahangir, “A Poud of Flesh”, Newsline (Karachi), December 1990, pp. 61-62
4
http://en.wikipedia.org/wiki/women_in_pakistan#cite_note_amnesty_noprogress-17 accessed on March 13, 2011
5
Shamshad Ahmed, “Bridging the Gender Gap”, Dawn, The Internet Edition, May 02, 2005 (copy received from
author)
5
 Crime against Women
2000
1600
1200
800
2008
400 2009
0
r ce e e lt us
ng de id ng p au ng ng
pp
i
ur le
n ic ill
i
Ra s wi ni ne
o
o Su
s o ur
na M Vi r K
an
g
al
A
Th
r B e ll a
id o
/K sti
c
Ho
n / G x u i d isc
n e pe Se Ac M
t io m Ra
d uc Do
ab

Source: Violence against Women Watch Group, Aurat Foundation, Islamabad.

www.af.org/PDF/Eng (accessed March 15, 2011)

There has been lot of programs to raise the status of women, although lot remains to be
done. Following legislations have been enacted or attempted for the betterment of the women:

 Protection against harassment of women at workplace 2010

 Draft bill to establish NCHR tabled in National Assembly in 2010
 Draft bill of Reproductive Health and Rights tabled in National Assembly in 2010

There have been some positive policy steps and institutional arrangement to upgrade
the status of women and improve the systems. These include:-

 Separate Ministry and Departments to focus issues relating to women

 Inducting women in Armed Forces
 Female judges for family cases
 Women Bank
 Women Police Stations
 Micro Finance Institutions
 Some progress in MDGs
 Separate University for women for higher education
 Better education, healthcare facilities in rural areas

Another important factor is violence against women, which is an age old practice. It
includes physical, sexual, bride burning, acid throwing, domestic violence and human killings.
The key to our social problem regarding the “betterment and empowerment” of women in
6
Pakistan lies in comprehensive “legislative and budgetary” packages to close the existing gender
gaps6. It is fact that unless existing “Anti-Women Laws” are repealed, no new positive
legislation will be so effective. At the same time, gaps between Constitutional
protections/guarantees and existing legislations, policies and programs vis-à-vis women and
children are to be minimized.

While we formulate policies or make strategies to implement laws we come across the
challenges, which are likely to impede the process of implementation. These challenges may
include, poverty, feudalism, tribalism, customs and traditions, religious values and some of the
laws also. Secondly, lack of opportunities deny access to decision making and policy forums.
Lack of access to economic opportunities, awareness, education, healthcare, information and
communication especially in rural areas, access to justice system, social protection, social safety
nets are also challenges being faced.

1-2 Child Labor/Abuse:

UN Convention on the Rights of Child (CRC) was adopted by General Assembly on

November 20, 1989. The scope of this Convention extends to persons up to the age of 18.
Pakistan has ratified this Convention in 1990. Article-32 of CRC reads “State, parties recognize
the right of child to be protected from economic exploitation and from performing any work that
is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s
health or physical, mental, spiritual, moral or social development.

Child labor is full time work at a very early age, at dangerous workplaces with excessive
working hours. Somewhere 500,000 to one million Pakistani children aged from five to fourteen
now work as full time carpet workers. UNICEF believes that they make upto 90% of the carpet
maker’s work force7. Children are also employed on other full time work i.e. brick kilns, shops,
domestic servants, agriculture work force and other sectors as general labor force. Children are
also abused one way or the other, which is against the moral values, international laws and
treaties. Figures regarding crime against children indicate a pathetic picture.

6
Shamshad Ahmed, “Bridging the Gender Gap”, Dawn, The Internet Edition, May 02, 2005 (copy received from
author)
7
Jonathan Silvers, “Child Labor in Pakistan”, The Atlantic Monthly, February, 1996
7
 CRIME AGAINST CHILDREN -2010
1200
1062
1000
916
799
800
648
600 572

400 364
288
211 200 202
200 149 167
121
70

Mr. Awan, Human Rights and Legal Aid, Express Tribune Feb4, 2011

There are 46 provisions of laws for protection of children. (The Constitution of

Islamic Republic of Pakistan states: “no child below the age of fourteen, shall be engaged in any
factory or mine or in any other hazards employment.” Also, “All forms of forced labor and
traffic in human being is prohibited.) Pakistan has enacted many laws to safeguard the children
from time to time. Some of the laws are enumerated here under:-

 The Factories Act 1934

 The West Pakistan shops and Establishment’s Ordinance 1969
 The Employment of Children Act 1992
 The Punjab Compulsory Education Act 1994

Women need to be seen not as “vulnerable” and “passive beneficiaries” but as “active
partners” and “decision makers”. For that implementation of the laws of the land, changing the
mindset shall be a pre-requisite. Similarly, children are to be protected and developed in
accordance with our laws and customs, because they are our own and nations future.
Implementation of existing laws remain a challenge of state and the subjects do not see rule of
law but by men.

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 SECTION-2

OBLIGATIONS REGARDING HUMAN RIGHTS AND ANALYSIS

Human Rights

The Human Rights Commission of Pakistan has always raised voice for the protection of
fundamental rights of the people in general and the weaker segments of society in particular.
Therefore, through this committee urges the Govt. for its attention to our international
obligations in the realm of Human Rights.

The Govt. of Pakistan has signed and ratified the following Covenants / Treaties: -

i) International Covenant on Civil and Political Rights (ICCPR).

ii) UN Convention against Torture and other Cruel Inhuman or Degrading Treatment or
Punishment 1984 (CAT) Date of Signing – 17 April 2008; Ratification – 23 June 2010

Domestic Legislation: But after signing and ratification these Covenants, it becomes
obligatory for the Govt. to evolve effective mechanism to ensure their enforcement. For strict
enforcement of these Covenants, the violators have to be penalized which can not be ensured
without Domestic legislation. Therefore, domestic legislation must be completed pertaining to
all our international commitments. The gap between our commitments and enforcement have to
be filled.

Women’s Rights: Proper legislation and strict enforcement is required to protect the
female children when they are married in lieu of ‘Diyyat or before attaining the age of puberty.
Govt. is also facing challenge to protect the poor women from being murdered in the name of
‘Honor killing’. A woman has the right to marry a man of her own choice. But whenever a
woman in KPK or Baluchistan or the rural areas of Punjab and Sindh exercises this right, she is
killed and the killers seek immunity in the name of 'grave and sudden provocation'. Infact they
commit this inhumane crime with planning and premeditation. This is re-emphasized from
Human Rights Commission point of view.

Minorities: The level of security to the Minorities is also far from satisfactory. There are
many instances where a person from minority community was charged with blasphemy and
sent to jail or killed. But the facts revealed that the accused had some money dispute with the
complainant. There is no denying the fact the frequency of abuse of Blasphemy Law is on the
rise. No safeguards have been provided against its misuse. Since the charge is the gravest

9
offence in this country, where survival of the accused is almost impossible, therefore very strict
standard for lodging F.I.R. and the proof of the case be laid down. And if the accusation is
found to be false and fabricated, the complainant must be arrested and be made liable for the
similar harsh punishment as in case of making false accusation of adultery. In such cases public
reaction or outrage often mentioned by the radical elements is overblown. The Govt. should
facilitate the legal experts to invite representatives of religious and religio-political parties to
educate and sensitize them about Pakistan’s international obligations and commitments. They
can be convinced and sanity can prevail.

Grave violation of Human Rights: Another grave issue is regarding those persons who
were picked up by law enforcement Agencies from different parts of the country on flimsy
pretexts or vague accusations. They have not been brought before the courts of law. This is also
a blatant violation of human rights which must be stopped forth-with. The incidents of bonded
labour and child abuse are alarmingly increasing which is a blatant violation of our constitution
and International Laws.

Input from Civil Society:

This is also obligatory for the Govt. that before submitting a report to UN Committee
input be sought from the civil society. That should be followed in letter and spirit as the civil
society was involved and consulted before preparing report for Beijing Conference on Women
rights in 1995 and also there is “need to have institutional arrangements to review to suggest
measures and also exercise operational authority built in the system.

Permanent Cell: The HRCP is of the view that a permanent cell be established where
representatives of Federal and Provincial Govts, Ministry of Foreign Affairs and Human
Rights commission with some other representatives of civil society should have quarterly
meetings to review the overall situation of Human Rights Violations and our international
obligation and its operationalization.

The commission also deems it necessary to draw the Govt’s attention to our
international commitments about the covenants like.

i) Health for all

ii) Education for all
iii) Millennium development goals

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 Little has been done in the aforementioned sectors, and we are lagging behind the goals
and our commitments. This may tarnish our credibility.

Analysis

Violations of Provisions of ICCPR in Pakistan

As regards the religious freedom of citizens, the same has been enshrined under the
1973 Constitution of Pakistan, but the existence of much criticized Blasphemy laws (sec. 295-
298 PPC) continues to undermine Pakistan’s commitment and resolve to ensure the provision of
this important right.

In addition to the afore mentioned, right to life, freedom of opinion and expression
and freedom of religion and to manifest one’s religious beliefs, are provisions of ICCPR to
which Pakistan has attached reservations. Pakistan is often criticized of violation of these rights,
be it the incident of Karachi – in which accused persons of robbery were burnt to death by mob
in presence of state authorities (a flagrant violation of article 6 and 7 of ICCPR) or the gunning
down of former Governor of Punjab in an untoward incident of attack by a member of his own
security staff for making comments against the enforcement of blasphemy laws in Pakistan (a
violation of article 6 and article 19 of ICCPR).

Another area of human rights violation, for which Pakistan is often criticized, is the
case/issue of missing persons. It is alleged that security agencies are responsible for such
incidents. The said issue is a violation of article 9 (liberty and security of person), article 14
(equality before law – due process of law) in addition to other provisions of ICCPR.

Gap between Pakistan’s domestic law and Convention: Analysis

 Pakistani law does not contain the definition of torture, it only prohibits the very act.
what constitutes this act, remains a legal question.
 The convention includes psychological torture as well. On the contrary, under Pakistani
law, mental suffering may be included and compensated for in other laws, but it is not a
part of any directly dealing with offence of torture.
 It may not have been the policy of the GoP to take into consideration the obligation to
take into account the likelihood of any individual being subjected to torture upon his
return/repatriation/extradition to a third country.

11
  A standard investigation procedure needs to be delineated considering the repeated and
ever worsening offences of torture during the interrogation etc.
Pakistan has attached reservations against various provisions of CAT, some of which deal
directly with afore mentioned gaps. Resultantly, our domestic law lags behind our international
obligations for the reasons of the said reservations mentioned earlier in this paper.

SECTION 3

OBLIGATION RELATED TO TERRORISM

International Covenants on Terrorism and their Impact on Domestic Policy

There is no agreed definition of terrorism by the members of the United Nations. This is
mainly due to the objections of the members of the Organization of Islamic Conference (OIC)
because they want that the freedom fighters using force against the oppressors, e.g. Kashmiri
militants struggling against India, or Palestinians waging a continuous struggle for their
homeland, should not be branded as terrorists. The two auxiliary bodies of the Arab League and
OIC are also trying to define terrorism which may be acceptable to other member states of the
UN.

“The definitional impasse has prevented the adoption of a Comprehensive Convention on

International Terrorism. Even in the immediate aftermath of 9/11 the UN failed to adopt the
Convention, and the deadlock continues till date.

The prime reason is the standoff with the Organization of the Islamic Conference (OIC).
It seeks to insert into the Convention: "The activities of the parties during an armed conflict,
including in situations of foreign occupation....are not governed by this Convention." Or, as the
Pakistani delegate describes the standoff on behalf of the OIC, there is a need "to make a
distinction between terrorism and the exercise of legitimate right of people to resist foreign
occupation." In October 2007 the Coordinator of the informal negotiating meetings, which had
been organized "to move the process forward" ,circulated a document in which she named the
outstanding issues. The OIC demand was on the top of the list, namely, "the importance not to
affect the exercise of the right of people to self-determination.

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 The Arab Terrorism Convention and the Terrorism Convention of the Organization of
the Islamic Conference (OIC) define terrorism to exclude armed struggle for liberation and self-
determination. This claim purports to exclude blowing up certain civilians from the reach of
international law and organizations. It is central to interpreting every proclamation by the states
which have ratified these conventions in any UN forum purporting to combat terrorism.”8

However, international regime on terrorism is based primarily on Security Council’s

Resolution 1373, which was unanimously adopted on 28th September 2001, immediately after
the terrorist acts of 9/11 in New York, Washington DC and Pennsylvania in the United States,
and through which a committee was also established to monitor compliance of this resolution by
the member states.

Through this resolution, “the Council decided that all States should prevent and suppress
the financing of terrorism, as well as criminalize the willful provision or collection of funds for
such acts.  The funds, financial assets and economic resources of those who commit or attempt
to commit terrorist acts or participate in or facilitate the commission of terrorist acts and of
persons and entities acting on behalf of terrorists should also be frozen without delay.

The Council also decided that States should prohibit their nationals or persons or entities
in their territories from making funds, financial assets, economic resources, financial or other
related services available to persons who commit or attempt to commit, facilitate or participate
in the commission of terrorist acts.  States should also refrain from providing any form of
support to entities or persons involved in terrorist acts; take the necessary steps to prevent the
commission of terrorist acts; deny safe haven to those who finance, plan, support, commit
terrorist acts and provide safe havens as well.”9

This resolution was a continuation of Security Council resolutions 1269 of 19 October

1999 and 1368 of 12 September 2001 and was adopted under Chapter VII of the UN Charter
making it binding for all members of the Organization. It has nine preambular paragraphs stating
the resolve of the all member states of the Council to adopt every possible measure to stop and
curb terrorism in all of its forms and manifestations. Its second paragraph gives the operating
guidelines for it enforcement.

8
The Article “The Eye on the UN” website http://www.eyeontheun.org/facts.asp?1=1&p=61 (accessed on 15th
March 2011)
9
http://www.un.org/News/Press/docs/2001/sc7158.doc.htm Security Council’s Press Release dated 28th September
2001 (accessed on 15th March 2011)
13
 “This resolution also proscribed admittance of refugees by the member states before their
clearance from any past terrorist acts, besides, prohibiting financing or channeling of funds
through the member states for the commitment of or facilitation of terrorist acts in any of the
member states. Its operating paragraph 2 is reproduced below, which states:

“2. Decides also that all States shall:

(a) Refrain from providing any form of support, active or passive, to entities or persons involved
in terrorist acts, including by suppressing recruitment of members of terrorist groups and
eliminating the supply of weapons to terrorists;
(b) Take the necessary steps to prevent the commission of terrorist acts, including by provision
of early warning to other States by exchange of information;
(c) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe
havens;
(d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their
respective territories for those purposes against other States or their citizens;
(e) Ensure that any person who participates in the financing, planning, preparation or
perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that, in
addition to any other measures against them, such terrorist acts are established as serious
criminal offences in domestic laws and regulations and that the punishment duly reflects the
seriousness of such terrorist acts;
(f) Afford one another the greatest measure of assistance in connection with criminal
investigations or criminal proceedings relating to the financing or support of terrorist acts,
including assistance in obtaining evidence in their possession necessary for the proceedings;
(g) Prevent the movement of terrorists or terrorist groups by effective border controls and
controls on issuance of identity papers and travel documents, and through measures for
preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;”10

Then its paragraph 3 describes the duties of the UN members in preventing acts of
terrorism through stopping movements of; use of information and communication technologies;
and possession of weapons of mass destruction by the terrorists. These provisions are
particularly important for Pakistan as these are binding provisions and impact on the activities of
the Kashmiri jihadi organizations which have their extensive networks in Pakistan. These
compulsions have become more pronounced after the 26/11 Mumbai terrorist attacks by the
persons linked to Lashkar-e-Taiba. Although this organization is now banned in Pakistan, its

10
www.un.org (accessed on 17th March 2011)
14
successor Jamat-ud-Dawah is the target of Indian onslaught and demands from the Pakistan’s
government to curb its social welfare activities – which came to the forefront, through national
and international media, because of its extensive work in the affected areas of Azad Jammu and
Kashmir (AJK) and Hazara Division of Khyber Pakhtunkhwa (KP) after the devastating
earthquake in October 2005.

Then the SC Resolution 1373 also addresses the nexus between terrorism and
transnational organized crime dealing in illicit drugs, money-laundering, illegal arms-trafficking
and illegal movement of nuclear, chemical and biological weapons in its paragraph 4. This has
implications for us if Dr. A. Q. Khan, because of the past activities of his network, becomes
more active through his writings in the media.

A committee of the Security Council, consisting of all its 15 members, was established
through paragraph 6 of SCR 1373 to implement the provisions of this resolution, and Pakistan,
like other 191 members of 192-member UN, is required to send regular reports to it on its
compliance regime, again propping up some concerns about the off-shoots of Jamat-ud-Dawah
namely, Al-Rashid Trust and Al-Akhtar Trust, mainly because of the provisions of an earlier
Security Council Resolution 1267 adopted on 15 th October 1999 and mainly sponsored by the
United States of America under President Bill Clinton’s Administration after Al-Qaeda
sponsored terrorist attacks, on 7 August 1998, bombing the US embassies at Nairobi in Kenya
and Dar es Salam in Tanzania.

SCR 1267 was mainly directed towards the activities of Al-Qaeda and its leader Osama
bin Laden and their hosts at that point in time, the then Taliban government in Afghanistan. This
resolution had ten preambular paragraphs addressing these two organizations and their past
activities and making it a binding chapter VII resolution for the 192 UN member states. It set 14
November 1999 for imposition of sanctions against the then Taliban government if they failed to
hand Osama bin Laden, who at that point in time was having a refuge in Afghanistan, over to
America, or some other UN member country prepared to initiate legal action against him.

The two operative paragraphs 2 and 3 of SCR 1267 are reproduced below:

“2. Demands that the Taliban turn over Usama bin Laden without further delay to
appropriate authorities in a country where he has been indicted, or to appropriate authorities in a
country where he will be returned to such a country, or to appropriate authorities in a country
where he will be arrested and effectively brought to justice;

15
3. Decides that on 14 November 1999 all States shall impose the measures set out in paragraph 4
below, unless the Council has previously decided, on the basis of a report of the Secretary-
General, that the Taliban has fully complied with the obligation set out in paragraph 2 above”11

An Implementation Committee of Security Council was also established through

paragraph 6 of this resolution making the UN member states send periodic reports about
implementation of its mandatory provisions. The Committee has lately been named as Counter
Terrorism Committee (of the Security Council).

Another important resolution against terrorism is SCR 1625 adopted by the Security
Council on 14 September 2005. It also addresses the possibility of non-state actors acquiring the
nuclear, biological or chemical weapons.

Then there is the UN Convention against Terrorism adopted in 2004, and ratified by
Pakistan on 31st August 2007. This Convention gives the anti-terrorism regime an embodiment
for a continuous struggle against terrorist activities all over the world.

The main corresponding Pakistani legislation relating to international conventions on

terrorism is the Anti-Terrorism Act, 1997, as amended in 2001 and subsequently. Anti-terrorism
Courts were established all over Pakistan through this enactment with their appellate tribunals,
making their judgments final without recourse to High Courts and the Supreme Court. Under
this enactment police has been given wide ranging powers, through its section 26, including
admissibility of confessions made before it under its sections 7 & 8 provided those have been
video recorded and produced before the relevant Anti-terrorism Court. Another important
digression from the normal procedural law in this legislation provides the accused to prove
himself innocent in the presence of prosecution’s evidence – as against the normal legal dictum
of “an accused is innocent unless he is proved guilty beyond a reasonable shadow of doubt”.
This enactment, with its amendments, is generally in consonance with the provisions of anti-
terrorism regime of the UN.

Another important initiative against terrorism finance is the Group of 8 (G-8) mechanism
through the establishment of Financial Action task Force (FATF), which because of
overwhelming economic power of the member counties also becomes mandatory for Pakistan to
properly address to.

11
www.un.org (accessed on 16th March 2011)
16
 Another important factor towards compliance of these UN resolutions by Pakistan are
the activities of Hafiz Saeed and other associates of Jamat-ud-Dawah, because of their links with
the proscribed Lashkar-e-Taiba. Hafiz Saeed is now on the watch-list of SCR 1267 Committee,
now renamed as Anti-Terrorism Committee, branded as having links with Al-Qaeda and
Taliban, giving India an instrument to apply all sorts of pressures on Pakistan. Mr. S. R.
Subramanian, an Assistant Prof. at the Hidayatullah National Law University at Chhattisgarh in
India, in his article “Pakistan’s Accountability and International Obligations writes:

“Taking into account domestic pressure for perceptible results, India has moved the
“1267 Committee” of the UN Security Council to ban the Jamat-ud-Dawah, the predecessor of
Lashkhar-e-Taiba, for its involvement in the crime. The world body had already on May 2, 2005
listed Lashkhar-e-Taiba as one of the “entities and other groups and undertakings associated
with Al-Qaida”. Even before the Mumbai attacks, India had been demanding that the Jamat-ud-
Dawah be brought under the purview of international measures (“Consolidated List”) but it
could not materialize for evidentiary reasons. The Committee was not convinced of the available
proof to meet the requirements of the UN Security Council Resolution 1390.

However, the startling revelations of the connections between the Lashkhar-e-Taiba and
Jamat-ud-Dawah in the aftermath of the attacks had forced the international community to
proscribe the terrorist organization. As the decision goes, now Jamat-ud-Dawah with all its
spellings and variations is considered an off-shoot of the Lashkhar-e-Taiba. Simultaneously, the
entries of two other entities – al-Rashid Trust and al-Akhtar Trust International – are amended to
include their disguised appearances. The Committee has also named four leaders of the
Lashkhar-e-Taiba as “individuals associated with Al-Qaida”.

Mr. Subramanian further demands12 on Pakistan to take action against Hafiz Saeed under
Pakistan’s Anti-terrorism (Amendment) Act, 2001, very conveniently ignoring the fact that
Pakistan had gone one step farther than the requirements of SCR 1373 of putting him under
house arrest, besides complying with its mandatory provisions, which was subsequently termed
illegal by the Lahore High Court as it was beyond the scope of this resolution.

One can draw one’s conclusions from the details of UN anti terrorism regime, that Pakistan is
generally in its compliance, but we need to be watchful all the time to avoid any possibility of its
negative consequences through any of her acts of omission or commission.

12
S.R. Subramanian, Article “Pakistan’s Accountability and International Obligations”, IDSA Strategic Comments
17
SECTION 4
4.1 CONCLUSION
There are gaps in implementation of obligations. These are impacting writ of government
and creating law and order situation in the country thus impinging rule of law. The genesis of
obligations rests on mandatory resolutions of United Nations Security Council and other treaties,
some of which are mentioned above. The situation has to be taken up on priority in the wake of
current situation, both for global and domestic reasons. The people who are suffering for
absence of required action by state are the most important factor for taking up this priority.
Hence it called for legal, administrative and financial resources in coordination with all
concerned. In brief, following are the concluding points;
• There are gaps in our institutional obligation and operationalization
• These are impacting writ of government and rule of law
• Children are to be “protected” and “developed” because they are our and nations future
• Focus on weaker sections of society
• Need to re-vamp the Criminal Justice System
• Enforcement mechanism is not effective
• No public sensitization on these serious violations
• Poor people become victim of injustice and cultural tyranny
• No harmony among important segments of society
• Implementation of laws is selective and ineffective
• Lack of formal nexus between investigation, prosecution and judiciary
• Manual system of detection has limitations
• Absence of constitutional protection to civil servants results in their manipulation and
affect rule of law

18
4.2 RECOMMENDATIONS/OPERATIONAL PLAN -A
Recommendations

Recommendations Action by Resources Time Frame

1.Formulation and Political will Existing partially 1-2 years

implementation of laws neglected resources

2. Notify Cabinet Division & MOI Existing 3 months

Focal/Coordinating
Ministry (MOI) on the
subject of the
international cooperation
& capacity building

3.Change in Rules of Cabinet Division On going 6 months

Business by assigning role M/o Interior/other ministries
to M/o Interior

4.Legal and other The concerned Ministries and Respective departments one year
administrative changes (0 Commission
Tolerance to violation & Ministry of Law
economic choice to poor)
Annexure A

5. Constitutional M/o Law Existing resources 6 months

protection to civil servants
be-restored for effective
rule of law

6. Access to justice & Ministry of Law, Interior and Existing departments One year
(judges to field visit and Provincial home departments
time limit for deciding
cases)
Training to judges and Existing institutes One year
law enforcers
Ministry of law
Interior and Home Ministries
7.Develop nexus between M/o Law - Interior Existing resources One Year
investigation and
prosecution wings of
administration of justice
in coordination with
judicial authority

19
8.Sensitization to National
Interest
. (through their training institutions)
9. Awareness and
outreach on each subject
10. Education and Health
Care to all by enhancing
value of education
(skilled) and de-
politicized/ incentivizing
11.Women participation
in decision making
12.Lands distribution to
qualified females
13.Micro credit Loans to
Skilled Ladies
14. Permanent cell for
Human rights at all levels
–States dialogue and seek
midway adjustment
15.Harmony among
segments of society at
national level
16. Strict standard for
lodging F.I.R. and the
proof of the case be laid
down.
17.False accusation be
strictly punished
18.Investigation standard
be enhanced
19.Strict enforcement of
Section 156 Police Order-
2002
20.Procure and deploy
automated
Ministry of Interior Regular feature of 6 months
All Ministries of the Federal Govt. capacity building courses
Information Division and Respective departments & On year
Provincial Ministries – Civil society
Civil Society
Education and Health Departments Development plan One year
Enforcement of laws Implementation of laws
Ministry of law Existing department One year
Ministry of social welfare
Board of Revenue Government lands One year
(central and provincial)
Ministry of Finance Government and private 6 months
banks
Support to Akhuwat
Ministry of Law , Human Rights Existing resources One year
and provincial governments
Ministry of Interior Existing resources Continuous effort but
initially 6 months
Ministry of Law Due attention 2 months
Interior
Police
Ministry of Law Existing resources One Year
Interior
Police
Home department Existing resources One Year
Administrative measure
Provincial Governments Home Existing resources 3 months
Department
Police
M/o Interior – Fiancé - Police Financial commitment by One year
M/o Finance
20
surveillance/detection
system

21
 4-3 Contingency Plan –B
SCENARIO
Attack on a Heathrow Airport in
London by Terrorists allegedly from
Al- Qaeda/Taliban
Killing of a well known Hindu
extremist leader in India
Attack on a Christian village
Muslim Fundamentalists
Bibliography
IMPLICATION FOR
ACTION PLAN-B
PAKISTAN
 M/o Interior and Home
departments of all provinces
 PM may call immediate meeting
Negative image is flashed with the with all stake holders.
pressure to proceeded against  M/o Foreign Affairs to present
alleged outfits of Taliban/Al-Qaeda counter statement clarifying
in Pakistan. The pressure is Pakistan’s stance.
resented and converted into protests  Information Department to
resulting in law & order situation. coordinate with media and other
Economic pressure is exerted. opinion makers to present
Pakistan’s point of view
 M/o Interior and Home
• Relentless negative Indian departments of all provinces
propaganda at international  PM may call immediate meeting
• Resolution against with all stake holders.
Pakistan in UNSC by India  M/o Foreign Affairs to present
• Pressure on Pakistan by counter statement clarifying
world powers Pakistan’s stance.
• Law and order situation in  Information Department to
Pakistan coordinate with media and other
• Adverse impacts on opinion makers to present
economic situation Pakistan’s point of view
 Immediate relief to affected families
 Immediate initiation of the process
• Distortion of Pakistan’s
of administration of justice
soft image at international Level
 Preventive operation plan to be
• Pressure by international
implemented by local authorities
community to initiate actions
by  Reinforcement of resources to the
against extremist religious
local department
elements
• Law and order situations  Immediate convening of interfaith
Negative impact on economic harmony committee and sending
activates respective leaders to interact with all
concerned at local level.
22
Wikipedia, women in Pakistan

Constitution of Pakistan, 1973

Asma Jahangir, “A Poud of Flesh”, Newsline (Karachi), December 1990, pp. 61-62

http://en.wikipedia.org/wiki/women_in_pakistan#cite_note_amnesty_noprogress-17 accessed on
March 13, 2011

Shamshad Ahmed, “Bridging the Gender Gap”, Dawn, The Internet Edition, May 02, 2005
(copy received from author)

Shamshad Ahmed, “Bridging the Gender Gap”, Dawn, The Internet Edition, May 02, 2005
(copy received from author)

Jonathan Silvers, “Child Labor in Pakistan”, The Atlantic Monthly, February, 1996

The Article “The Eye on the UN” website http://www.eyeontheun.org/facts.asp?1=1&p=61

http://www.un.org/News/Press/docs/2001/sc7158.doc.htm Security Council’s Press Release

dated 28th September 2001 (accessed on 15th March 2011)
www.un.org (accessed on 17th March 2011)

S.R. Subramanian, Article “Pakistan’s Accountability and International Obligations”, IDSA

Strategic Comments

Annexure-A

23
Institutional arrangement to implement this as operational strategy is as follows;

FEDERAL &
PROVINCIAL
NCS Ministry of Ministry of NGOs
W Women Social
Development Welfare

Punjab Khyber Balochist Sindh

Pakhtunk an
haw

Islamabad Gilgit Azad Jamu

Capital Baltistan &
Kashmir

At grass root level following institutional arrangement is recommended;

PROVINCE DCO
Police
DISTRICT SW/WD
Counsel
ors
Activists
Media
Tehsils Tehsils Tehsils Tehsils

Police Police Police

Station Station Station

Pro-active
Round the clock
Police
Phone access
SW/WD
Immediate response
Counselors
Record Keeping
Activists
Monitoring

24