Wednesday, April 17, 2013

PAKISTAN: Does the country enjoy freedom of expression to any extent?

Freedom of expression is today at its lowest in the history of the country. The people of the country have, in fact, never enjoyed freedom of expression. However, during the last decade or so the governments have claimed that they have given freedom of expression to the media. This is not borne out by the number of journalists that have been killed, tortured or struggled as victims of unemployment due to working to the dictates of their conscience and not to the self-censorship the government and media houses would like to see. A point of confusion is how the people compare the freedom of expression with the freedom of the media houses. The two are completely difference and far distant from each other.
In fact, much of the self-censorship comes from the media houses themselves as they do not wish to draw the ire of the government, judiciary, the armed forces and more so, that of the Muslim fundamentalists. Sadly the voices that really need to be heard, those of the peasant farmers and labourers in the industrial areas are ignored and therefore silenced by the media whose sole purpose is to gain advertising revenue. It is no longer a secret that the media houses are 'driven' by the armed forces through their Inter Services Public Relations office. The judiciary, which has always been a poodle of the armed forces, neither of which has never really served the nation in its history, have both been given the status of a sacred cow.
One point of proof that freedom of expression is absent in the country is the fact that the media houses seldom allow any real criticism of the military, Muslim militants or religious extremists.
One example is as to how the state institutions and media houses have curbed free speech. The restriction on the freedom of expression may be dated back to the very creation of the country. Pakistan was created on the 14th August 1947 and the father of the nation gave his inaugural speech three days earlier on the 11th August. It is interesting to note that the speech of the Governor General-to-be, Mr. Jinnah, was itself censored. The interesting point was that only those portions were censored which were purely secular in their nature where Mr. Jinnah said that “you are free; you are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan. You may belong to any religion or caste or creed that has nothing to do with the business of the State”. He further said “now I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State”.
Two years after the creation of Pakistan the so-called legislators passed a resolution entitled the ‘Objective Resolution of Pakistan’. In this resolution it was declared that sovereignty lay with Allah. This later became part of the constitution and denied the people the right to democracy, thereby creating the guidelines on the restrictions for the freedom of expression and the freedom to practice the religion of your choice. The country was declared a theocratic society where only Islam can prevail and no one else had any rights, the citizens were divided into Muslims and non Muslims. A clear demarcation was made between the majority and the minority, so all rights were recognized for Muslims and those who were not Muslim had no rights. The concept of equality for various sections of the society was supposed to be determined on this basis.
Again through the 1973 constitution, which was the first time anything was passed unanimously, the state took the responsibility to decide who is Muslim and who is not by making the fourth amendment in the constitution where the Ahmadis were declared as non-Muslim. Through this amendment state has the power to declare who is Muslim, strengthened the pressure groups, the Muslim fundamentalists, to take the responsibility of declaring Muslims and non Muslims.
The objective resolution was made part of the pre-amble of the constitution. But during the military regime of General Zia ul Haq the Objective Resolution was made as the part of the constitution. Those rights of minorities which were given in the original Objective Resolution were also deleted. General Zia has made three famous laws, the Blasphemy laws by inserting clause B and C, Qisas and Diyat, through which the evidence from women denied and the Had ordinance. So the rights of women and religious minority groups were denied.
This has resulted in self censorship of the media as the rules and regulations concerning the blasphemy laws are not being adhered to. These are that the arresting and investigating officer must be of the rank of Superintendent of Police. However, people are being arrested by the mob and if they are lucky, handed over alive to any police officer who happens to be present.
The media is extremely careful about what they say regarding the religious extremists as they can expect no protection or support from the authorities or judiciary. This was evident in the cases of the assassinations of the governor of Punjab, Taseer and the Federal Minister on Religious Minorities, Mr. Bhatti where the perpetrators of the violence have either gone unpunished or are being treated as heroes. The lawyers themselves, who are supposed to be protectors of the law, came out in support of the assassins, blaming the victims as blasphemers.
Although the blasphemy law is not the subject of this particular article I mention it because it has a direct affect on the freedom of expression in that, while the constitution of Pakistan guarantees freedom of religion the actual situation in the country is very much different and any media person or company speaking out in support of the minorities soon faces attacks ranging from hate speeches to physical violence and even death.
The Blasphemy law in any way has been made a killer. If any person is accused of Blasphemy particularly on the charges of defiling the name of last prophet (PBUH) he or she has to face the death penalty from the law or state and if not then fundamentalist will murder him/she. In a case of two Christians who were sentenced on section 295 B they were released by high court Mr. Justice Arif Bhatti, as they were scavengers and cannot read any word. After their release they left Pakistan but the Justice was murdered for releasing the blasphemers.
One judge of Session court has to leave the country when he gave the death sentenced to the killer of former Governor of Punjab. He was announced by the fundamentalists as liable to be killed because he has given punishment to the hero of Islam. The Governor of Punjab was murdered because he used his right of freedom of expression in support of one, Asia Bibi, who was sentenced on the charges of blasphemy.
In fact, freedom of expression is limited by the same constitution. In the constitution Ahmadis were declared non-Muslim. This is in effect a contradiction as the constitution on the one hand declares the freedom to practice the religion of your choice but on the other places the Ahmadis in a position that leaves them open to attack by the fundamentalists. Any media house coming out in their support or criticising the fundamentalists are liable to the same degree of violence as the Ahmadis themselves.
The media is also suppressed by the military when they attempt to report on the nexus between the armed forces and the militant jihadists. One report noted that during 2006 about ten journalists were kidnapped by security forces apparently belonging to military secret services, while performing their professional duties. The report also revealed that the very few journalists based in the tribal areas in Baluchistan are caught in the crossfire between security forces, jihadist militants and tribal chiefs fighting each other to control the area.
Another area which is strictly forbidden to journalists is reporting on the corruption of the politicians, the military and the judiciary. These institutions have become sacred cows, untouchable by anyone other than their own hierarchy. Any journalists brave enough to highlight this corruption is liable to face the same fate as those mentioned earlier.
Often the freedom of expression is restricted in the names of vulgarity, morality and obscenity; three items that have never been clearly defined in the law or by any court. However, this does not deter the authorities, those with vested interests and the media houses that are quick to make use of these accusations to enforce self censorship.
In an attempt to define these issues the Pakistan Electronic Media Authority called for a consultative conference to discuss them. However, no one turned up so they have arranged another conference for later this month. It is hoped that by mutual consent they will be able to put forward proposals to the apex court of the land.
Through the constitution and laws there are many restrictions on the freedom of expression and freedom of media. The “Official Secret Act of 1923” is still operative. Anything which state thinks is prejudicial to the interest of the state or against the state should be tried under this act. Those matters which are made as classified cannot be published or even be spoken of.
Safety act and Telegraph act are also used for curbing the right of freedom of expression. No material can be published or spoken of which is against the interest of the state.
The Newspapers Periodical and News agencies Ordinance 2002 is still in force through which until and unless it gives the declaration for publication, no periodical or newspaper can be printed. This is a clear cut violation of Article 19 of the ICCPR, constitution of Pakistan.
PEMRA is a regulatory body which gives out licenses for the production of any type of electronic channel. Permission has to be taken from government. It is not like Europe or USA that any person or organization can make their own channel—the FM radio and TV.
After 1985, which was the period of military rule, the pressure groups and fundamentalists have taken the role of state and tactics of coercion and intimidation for implementation of their own rules. The role of the government or state has been reduced to the minimum.
The contempt of court is also another method of restricting the freedom of expression. The government says there is no law against the contempt of court but the Supreme Court relies on the contempt of court ordinance of 2004 to use it as minimizing the freedom of expression particularly on the decisions of the court.
There is a draft for legislation on access to information before the government and the media houses but it can be termed as just lip service to try and show that something is being done. It does not define who will decide what is secret and what is not. Contrary to global practices, the government has kept everything secret until it is declared to be made public. The data collection and maintenance mechanisms are very poor in our country.
The draft freedom of information law allows the government and its agencies to classify anything they want to be exempt from being made public, without explanation as to why they are doing so. The procedure to declare something secret has not been revealed. And the big question is who exactly is authorised to declare anything secret?
The constitution declares quite clearly that Pakistan is an Islamic country. Therefore, quite simply there is no freedom of expression as the country is run purely on a religious basis.

Pakistan's unending battle over Balochistan .

While attention focuses on the restive northwest, southwest Balochistan has been a bloody battleground since 2005.

One group estimates about 2,200 Baloch have disappeared since 2005 [Asad Hashim/Al Jazeera]
 
 
Quetta:Balochistan: - Zakir Majeed, a 26-year-old university student in Pakistan's southwestern Balochistan province, was on his way to a friend's house when he was stopped by men travelling in two cars, both without registration plates.

The men introduced themselves as Pakistani intelligence agents, and took Majeed and his friends into custody. While his friends were released soon after, Majeed, a student rights activist with the Baloch Students Organisation (BSO), was not.

That was June 8, 2009. Today, almost four years later, there remains no sign of Majeed, and, according to Baloch rights groups and his family, authorities refuse to officially disclose whether or not he was taken into their custody.

Majeed has become one of Pakistan's thousands of "missing people" - those who have mysteriously disappeared without a trace, whether picked up by armed groups or, as many families of victims allege, the government.
The missing include rights and political activists, armed fighters and seemingly innocent men and women. In Balochistan alone - where ethnic Baloch say they are marginalised by the state and deprived of their rights - the Voice of Baloch Missing Persons (VBMP) group puts their number at more than 2,200 since 2005.
 
 
 
Baloch leader Jehan Zeb Jamaldini
 
"When a student raises his voice or his pen [in support of our rights], he is imprisoned or killed," says Javed Baloch, 33, the secretary-general of the BSO at Balochistan University in Quetta, the provincial capital.

Muhammed Jan Baloch, 28, another BSO leader at the same university, says that Baloch are being targeted by the government for fighting for their rights.

"Thousands of Baloch have been disappeared, tortured and killed," he says. "If a Baloch is working against the state, then bring him before a court and charge him. We don't see this, however - we only see their bodies appear."

Javed Baloch says many activists feel they are being left with no choice but to take up arms against the government."We have tried all democratic routes - they have not worked. Our weapons are now our only defence."

A history of marginalisation

Balochistan, Pakistan's largest but least populous province - home to about 13 million of Pakistan's estimated 182 million people - is also its least economically developed. The province has the country's lowest growth record and worst infrastructure, along with its highest rates of poverty, lowest social indicators for health and education and lowest levels of satisfaction with government service delivery, according to a recent World Bank
report.

Yet it is a province at the centre of Pakistan's main issues: nuclear weapon tests were carried out here in 1998; it is here that al-Qaeda's "Quetta Shura" leadership council is said to reside; and it was the cases of missing people in Balochistan that set up a judicial showdown between the Pakistani Supreme Court and then-president Pervez Musharraf, which culminated in the imposition of a state of emergency in 2007 and, eventually, Musharraf's resignation.

Rich in natural resources but poor in development, Balochistan's economy is based on mining - mainly coal, copper and gold - basic fruit and livestock farming, and the extraction of natural gas.

And it is on the issue of natural gas that ethnic Baloch - and ethnic Brahui who align themselves with the Baloch - take issue with the Pakistani state, accusing the federal government of extracting the province's natural wealth without providing a corresponding amount of funds on development projects.

Despite the gas from the Sui gas field powering
Pakistan's economic development through most of the late 20th century, the villages near the field in the province's east, residents told Al Jazeera, remain not only without basic educational and health facilities, they do not even have natural gas utility connections.

The Baloch have fought two major widespread guerilla campaigns against the Pakistani state, seeking independence between 1973-77 and again in an ongoing fight starting in 2005. Leaders say they are seeking an independent Baloch state in the province's southeast - with the northern Pashtun-majority area free to decide its own fate.

Each uprising so far has been crushed by the Pakistani army, with the government terming them foreign-funded conspiracies against the nation's sovereignty and territorial integrity.

The latest movement began in 2005, and escalated after the death of Nawab Akbar Bugti, a Baloch nationalist leader who had served as governor and chief minister of the province, but who had increasingly distanced himself from the central government and called for an independent Baloch state.
He died in August 2006, in circumstances that remain unclear. His supporters say he was lured into a trap by the Pakistani state, which then bombed the cave that he had set up camp in, while the government says the cave simply collapsed.

Bugti's death resulted in an escalation of the conflict with armed Baloch groups - notably the Baloch Liberation Army (BLA) - stepping up attacks against security forces and non-Baloch citizens. In 2012, 690 civilians and 178 security forces personnel were killed.
Underscoring the increasing violence, a convoy carrying Sanaullah Zehri - provincial president of the main opposition Pakistan Muslim League-Nawaz (PML-N) - was attacked on Tuesday. Zehri survived but four people were killed, including his brother and son. Sanaullah is a candidate in Pakistan's general elections in May, and the BLA has vowed it will not allow the vote to go ahead.
The state, for its part, is alleged to have increased the number of "disappearances" of Baloch activists, and, through its security agencies, to have begun a "kill-and-dump" campaign post-2009, with the previously disappeared people appearing on roadsides, their bodies bearing marks of torture. Baloch activists allege at least 398 people have been extrajudicially killed since 2009.
"The Baloch people did not gain anything from [participating in parliamentary democracy], and they will not gain anything," says Jamil Bugti, Akbar Bugti's son, who spoke to Al Jazeera at his home in the village of Mian Ghundi.
He and many of his tribe remain unable to return to Dera Bugti, their main village, he says.
"The main thing is the mindset of the establishment ... to crush the Baloch people, to dominate them, to subjugate them," Bugti says. "They are more interested in the Baloch land and the Baloch, in whatever little way, is resisting that. You [can] call it an insurgency, call it a freedom fight, call it getting rid of slavery, which is everybody's right."
'Kill and dump'

The dumping of bodies of those disappeared began after the civilian government took over from Musharraf, who ruled Pakistan as military dictator and president from 1999 to 2008, says Bugti.
Rights activists say a 136 bodies were found in alleged "kill-and-dump" cases in 2012. Between January and March 2013, 130 civilians were killed in violence in the province and 39 bodies found dumped.
"They picked up people, tortured them, killed them and then made sure that their bodies were recovered," says Bugti. "Sometimes with 'Pakistan Zindabad' ['long live Pakistan'] written on their bodies, or a Pakistani flag stuck in their bodies. Or bodies hanging from trees, and all that. So this [is] kind of a message.
"[But] the more you suppress people, the more innocent people are picked up, the more the movement gains strength."
Other Baloch political leaders agree.

"The sense of deprivation has made the Baloch people incredibly pessimistic," says Jehan Zeb Jamaldini, a central leader of the Balochistan Nationalist Party-Mengal (BNP-M).
Jamaldini does not contest the allegations that some armed Baloch pro-independence groups are killing non-Baloch settlers, but he says the state responding with violence is not the answer.
"You have made the separatists' work easier," says Jamaldini. "This is like striking your own foot with your own axe."
Nawabzada Lashkari Raisani is a leader of the Raisani tribe and a former senator who recently resigned saying the government - led by his former Pakistan People's Party (PPP) - was not addressing Baloch grievances. He is against the creation of an independent nation, however. Raisani has since joined the opposition PML-N.
When these people who are raising slogans come into government, they will see the ground realities. It is very easy to raise slogans when you are outside government.
Akbar Durrani, provincial home secretary
Raisani says most Baloch are less concerned about independence, and more worried about good governance.

"People today cannot do their business in peace, they cannot send their children to school … There is no electricity. These are all the crises, and this is making people desperate enough to stand with those people who [have] called for separation."
As one Baloch lawyer, who is an advocate at the Pakistani Supreme Court and spoke on condition of anonymity, put it, most Baloch feel betrayed by the federal government.
“There are only two things we can expect from the Pakistani state now: freedom or death.”
Pakistani sovereignty

The Pakistani government, for its part, denies it is depriving Baloch of either their rights or their natural resources without fair recompense.

According to the federal government, the Balochistan provincial government's budget is subsidised by the state, with expenditure outstripping revenue by a staggering 97 percent, $1.62bn, in the last fiscal year.

Nationalist leaders, however, consider that figure to be flawed.

"The federal government is not giving us anything - it is looting our province, and then giving us some of it back as charity," says Jamaldini, the BNP-M leader.

On disappearances, the government and security services deny involvement in kidnappings, and allege it is Baloch separatist groups that are responsible in order to justify escalating their own violence.
"Of the 950 names that [the VMBP] put before the Supreme Court, most have been located," Akbar Durrani, the provincial home secretary, told Al Jazeera. "Only 86 remain missing. These allegations are made only to malign our intelligence agencies."

Durrani also alleges that armed Baloch groups receive financial support from unnamed international powers seeking to destabilise Pakistan.
Tribal sources and businessmen involved in the mining sector, speaking on condition of anonymity, told Al Jazeera a major part of funding comes from protection money paid by mine owners in rural parts of the province.
As for Baloch political leaders' allegations of state complicity in extrajudicial killings? Durrani denies any government involvement.
"When these people who are raising slogans come into government, they will see the ground realities. It is very easy to raise slogans when you are outside government," he says.
Follow Asad Hashim on Twitter: @AsadHashim