Final Writeup Synd 1 17-3-11

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94th

National Management Course

SIMULATION EXERCISE-I

³Law 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



i

PR E E

We are grateful t t e Facult Advi r Mr. Shaf i Hussai B har i for his i tellectual and

technical guidance on the sub ject. He discussed and led the Committee for conceptual and

thematic clar it . we are also thankful to Mirza Shams ul Hassan for his visits and guidance

for contacting resource persons. He was k ind in providing details about an impor tant resource

person. He also br iefed the Committee regarding getting out put from all members. We are

indebted to Mr. Ahmer Bilal Soof i a renowned author it on international law for his valuable

time. He graciousl br iefed the Committee in his NGO off ice. All were impressed by his

passion for the country and his effor ts to contr i bute in the f ield of international law. He

explained United Nations Framework, genesis of obligations and their impact on a state. We

also express our gratitude to eminent exper t Mr. Tar i Siddi ue, who diver ted our focus on

national interest and emphasized its impor tance while committing to a treaty. We met

R esearch members of R AG 4 and are par ticular ly thankful for the advice of Mr. Qaiser

Saleem. We are also grateful to Mr. I A R ehman, Director HRC and Mr. Shmashad Ahmad

Khan Former Foreign Secretary Pak istan for giving special time to our members and shar ing

analysis on the sub ject.

We are thankful to our colleagues of 94th

NMC who have kept us informed about the

developments and research achievements of their respective sub jects. Their sincere, frank

interaction and exchange of views hel ped the Committee members in formulating

recommendations.





iii

CONTENT

Pages

INTR ODUCTION 1

� Statement of the problem, 2

� Methodology 2

� Terms of R eference and focus 3

� United Nations and nature of resolutions 3

� National Purpose of Pak istan 3

� National Interest of Pak istan 4

Secti

� Obligations regarding Women and Children and analysis 4

Secti

� Obligations regarding Human Rights and analysis 9

Secti

� Obligations regarding Terror ism and analysis 12

Secti

� Conclusions and R ecommendations /Plan ±A & Contingency Plan ± B 18

Bibliography 23

Annexure A 24



1

INTR ODUCTION

Pak istan is a signatory to many international treaties. Present depar tmental arrangement

for their follow up is scattered and lack coordination. State structure is fur ther going to be

distr i buted af ter implementation of the 18th amendment. Over the years, the Federal Government

in respective depar tments has been maintaining records of the treaties though not on scientif ic

and central basis. Neither there was a vi brant institutional arrangement for coordination nor

effective follow up on ground. Never theless, the sub ject remained in mainstream till now. Af ter

the constitutional amendment most of the depar tments are being devolved. There is hardly any

capacity at the provincial level to make visi ble 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 repor ting on the

sub ject.

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

generated problems impinging on the wr it 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 seek ing their input before an obligation is under taken and for

each set of similar obligations, a vi brant focal group of professionals/institutions to work for

actualizing commitments/obligations.

International commitments are generated from R ati ication of Treaties and

Multilateral Conventions, UN R esolutions (Chapter 7 Binding R esolutions) and other

commitments like Bilateral , eneral R esolutions , Customary Norms and Unilateral

Statements.

Main live sub jects which are considered impor tant with reference to wr it of the

government range from women and children r ights to blasphemy laws in Pak istan. Being a

Muslim country it has a basic ar ticle in the Constitution (ar ticle 2) , according to which Islam is

the state religion. By the Constitution's ar ticle 31 it is the country's duty to foster the Islamic way

of life. Its commitment to religion makes it distinct. It is inviting cr iticism because of weak

judicial system, the presence of which encourages persons to take action and reaction on their

own. Otherwise they would have been resor ting to a cour t of law and there would have been a

government of law. The situation has fur ther been aggravated because of economic diff iculties

which has forced people par ticular ly the younger generation to diver t emotionally to religion and



2

attach oneself to get recognition and life hereaf ter in the most controversial manner. This has

posed many challenges to the state apparatus.

The analysis por tion contains three main sections;

1. Obligations related to women and children

2. Obligations related to human r ights

3. Obligations related to terror ism

Statement of the Problem

Non-compliance to obligations will continue creating problems for Pak istan 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 R ecord, R elevant Treaties, Published Mater ial

on Treaties ,UNO Website ,Constitution of Pak istan and compliance laws. R eview of literature

was found def icient as it did not provide gaps and their resolutions in our country¶s perspective.

Therefore the sub ject was discussed and crystallized with the following resource persons ;

� Mr. Tar iq Siddiqui Ex Pr inci pal 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 Pun jab

� Mr. Shamshad Ahmad Khan, Ex. Secretary Foreign Affairs

� Mr. Tar iq Saeed, R ep of UNICEF, Lahore

� Mr. Ahmer Bilal Suf i, Senior Advocate, Supreme Cour t of Pak istan

� Mr. I.A. R ahman General Secretary, Human Rights Commission of Pak istan

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.



3

Basic parameters of research set out in this respect were taken as guidelines. Effor ts were made

to make a workable solution of selected problem which should synchronize with our national

purpose tak ing into account our national interest. Strategy has been worked out keeping in view

its magnitude and af ter calculating resources has been suggested with time frame.

Terms of R eference and Focus

The Committee was asked to work out strategic and operational plans to ensure wr it of

the government and establish rule of law by aver ting law and order situation while fulf illing

obligations. Pak istan¶s International Obligations are of two k inds, namely, Voluntary ---which

are through treaties , compulsory / binding through United Nations Secur ity Council R esolutions

under chapter 7 of UN Char ter. Their number range from 1010 to 10,000. Each treaty and

binding resolution generate host of obligations. R ationalising scope of current exercise, it was

considered appropr iate to focus on ma jor obligations having direct impact on wr it of government

and rule of law. Therefore obligations related to women and children, human r ights and

terror ism were focussed.

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

United Nations and Nature of R esolution

UNO has 6 independent organs work ing in different f ields. The genesis of mandatory

obligations is chapter 7 of UN Char ter. Under Ar ticle 1 of the UN Char ter, it is one of its

ob jectives and method to achieve this is wr itten as under ;

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

social, cultural, or humanitar ian character, and in promoting and encouraging respect for

human r ights and for fundamental freedoms for all without distinction as to race, sex,

language, or religion' (source-UN Char ter)

National Purpose

National purpose to fulf ill obligations is to earn honor among nations by mater ializing

commitments or mandatory requirements. In specif ic terms the country may have sovereign

democratic state based on Islamic pr inci ples of social justice.



4

National Interest

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

1. Sovereign peaceful co-existence

2. Dignif ied Synergy to fr iendshi p3. Advantage through commitments

4. Access to oppor tunities for social and economic benef its

SECTION ± 1

STATUS OF WOMEN AND CHILDR EN IN PAK ISTAN AND

INTER NATIONAL OBLIGATIONS

1-1 Status of women in Pak istan:

The status of women in Pak istan var ies considerably across classes, regions and the rural/urban

divide due to uneven socio-economic development and the impact of tr i bal, feudal and capitalist

social formations on women¶s life. Though the Pak istani women of today are en joying 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

Pak istan signed the ³United Nations Charter´ just af ter independence in 1947 and became a

member. Soon af ter, it also signed the ³Universal Declaration of Human Rights´ in 1948. Af ter

accepting var ious 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 ³status of women´ and Children in Pak istan, Constitution of Pak istan,

1973 has following provisions:

- Ar ticle 25 (1) ³All citizens are equal before law and are entitled to equal protection of

law´.

- Ar ticle 25 (2) ³There should be no discr imination on the basis of sex alone´.

- Ar ticle 25 (3) ³Notwithstanding in this ar ticle shall prevent the state from mak ing any

special provision for the protection of women and children´.

- Ar ticle 35 ³The state shall take every measure to protect the marr iage, the family, the

mother and the child.

1Wik i pedia, women in Pak istan



5

- Ar ticle 37 (d) ³The state shall ensure inexpensive and expeditions justice´2

Successive governments in Pak istan made attempts to improve the status of women. Zulf iqar Ali

Bhutto¶s per iod is considered to be the star ting point for the women development. But

immediately af ter the military takeover of Gen. Zia-ul-Haq, the process of Islamization star ted

and discr iminatory laws against the women were enacted, contrary to the Constitution of

Pak istan. He proposed laws regarding Qisas and Diyat, Islamic Penal laws governing retr i bution

(qisas) and compensation (diyat) in cr imes involving bodily in jury. When the victim was a

women, the amount of diyat was halved3.

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

Order) also generated controversies among the international community. According to a 1998

repor t by Amnesty International, more than one-third of all Pak istani women in pr ison were

being held due to having been accused or found guilty of zina4. For the purpose of Hudood

Ordinance and zina, age of matur ity or puber ty or for female was 16 years and for ma le 18years

whichever ear lier. The law declared female sixteen years and male eighteen years eligi ble for

marr iage. 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 f if teen years as per labor laws.

Later governments could not do much to do away with the ³Islamic Discr iminatory

Laws´ against women. Pak istan acceded to convention on the ³Elimination of All Forms of

Discr imination Against Women´ (CEDAW) on February 29, 1996. Pak istan is obliged by itsratif ication of international treaties to ensure respect for women¶s r ights and fundamental

freedom. The convention requires the government ³to take action to eliminate violence against

women as a form of discr imination that inhi bits women¶s ability to en joy r ights and freedom on

a basis of equality with men.5

2 Constitution of Pak istan, 1973

3 Asma Jahangir, ³A Poud of Flesh´, Newsline (Karachi), December 1990, pp. 61-624 htt p://en.wik i pedia.org/wik i/women_ in_pak istan#cite_note_amnesty_noprogress-17 accessed on March 13, 2011

5 Shamshad Ahmed, ³Br idging the Gender Gap´, Dawn, The Internet Edition, May 02, 2005 (copy received from

author)



6

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:

y Protection against harassment of women at workplace 2010

y Draft bill to establish NCHR tabled in National Assembly in 2010

y 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. Theseinclude:-

y Separate Ministry and Departments to focus issues relating to women

y Inducting women in Armed Forces

y Female judges for family cases

y Women Bank

y Women Police Stations

y Micro Finance Institutions

y Some progress in MDGs

y Separate University for women for higher education

y Better education, healthcare facilities in rural areas

02004006008001000

12001400160018002000

Crime against Women

2008

2009

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

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



7

Another impor tant factor is violence against women, which is an age old practice. It

includes physical, sexual, br ide burning, acid throwing, domestic violence and human k illings.

The key to our social problem regarding the ³betterment and empowerment´ of women in

Pak istan lies in comprehensive ³legislative and budgetary´ packages to close the existing gender

gaps 6 . It is fact that unless existing ³Anti-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, pover ty, feudalism, tr i balism, customs and traditions, religious values and some of the

laws also. Secondly, lack of oppor tunities deny access to decision mak ing and policy forums.Lack of access to economic oppor tunities, 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 R ights of Child (CR C) was adopted by General Assembly on

November 20, 1989. The scope of this Convention extends to persons up to the age of 18.

Pak istan has ratif ied this Convention in 1990. Ar ticle-32 of CRC reads ³State, par ties recognizethe r ight 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, spir itual, moral or social development.

Child labor is full time work at a very ear ly age, at dangerous workplaces with excessive

work ing hours. Somewhere 500,000 to one million Pak istani children aged from f ive to four teen

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. br ick k ilns, shops,

domestic servants, agr iculture 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 cr ime against children indicate a pathetic picture.

6 Shamshad Ahmed, ³Br idging the Gender Gap´, Dawn, The Internet Edition, May 02, 2005 (copy received from

author) 7 Jonathan Silvers, ³Child Labor in Pak istan´, The Atlantic Monthly, February, 1996



8

1062

916

288

149211

648

572

200

364

202

121

799

167

70

0

200

400

600

800

1000

1200

CRIME AGAINST CHILDREN -2010

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 R epublic of Pak istan states: ³no child below the age of four teen, shall be engaged in any

factory or mine or in any other hazards employment.´ Also, ³All forms of forced labor and

traff ic in human being is prohi bited.) Pak istan has enacted many laws to safeguard the children

from time to time. Some of the laws are enumerated here under:-

y The Factor ies Act 1934

y The West Pak istan shops and Establishment¶s Ordinance 1969

y The Employment of Children Act 1992

y The Pun jab Compulsory Education Act 1994

Women need to be seen not as ³vulnerable´ and ³passive benef iciar ies´ but as ³active

par tners´ and ³decision makers´. For that implementation of the laws of the land, changing the

mindset shall be a pre-requisite. Similar ly, 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 sub jects do not see rule of

law but by men.



9

SECTION-2

OBLIGATIONS R EGAR DING HUMAN R IGHTS AND ANALYSIS

Human R ights

The Human Rights Commission of Pak istan has always raised voice for the protection of

fundamental r ights of the people in general and the weaker segments of society in par ticular.

Therefore, through this committee urges the Govt. for its attention to our international

obligations in the realm of Human Rights.

The Govt. of Pak istan has signed and ratif ied the following Covenants / Treaties: -

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

ii)

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

Domestic Legislation: But af ter signing and ratif ication these Covenants, it becomes

obligatory for the Govt. to evolve effective mechanism to ensure their enforcement. For str ict

enforcement of these Covenants, the violators have to be penalized which can not be ensured

without Domestic legislation. Therefore, domestic legislation must be completed per taining to

all our international commitments. The gap between our commitments and enforcement have to

be f illed.

Women¶s R ights: Proper legislation and str ict enforcement is required to protect the

female children when they are marr ied in lieu of µDiyyat or before attaining the age of puber ty.

Govt. is also facing challenge to protect the poor women from being murdered in the name of

µHonor k illing¶. A woman has the r ight to marry a man of her own choice. But whenever a

woman in KPK or Baluchistan or the rural areas of Pun jab and Sindh exercises this r ight, she is

k illed and the k illers seek immunity in the name of 'grave and sudden provocation'. Infact they

commit this inhumane cr ime with planning and premeditation. This is re-emphasized from

Human Rights Commission point of view.

Minorities: The level of secur ity to the Minor ities is also far from satisfactory. There are

many instances where a person from minor ity community was charged with blasphemy and

sent to jail or k illed. 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

r ise. No safeguards have been provided against its misuse. Since the charge is the gravest



10

offence in this country, where survival of the accused is almost impossi ble, therefore very str ict

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 fabr icated, the complainant must be arrested and be made liable for the

similar harsh punishment as in case of mak ing false accusation of adultery. In such cases public

reaction or outrage of ten mentioned by the radical elements is overblown. The Govt. should

facilitate the legal exper ts to invite representatives of religious and religio-political par ties to

educate and sensitize them about Pak istan¶s international obligations and commitments. They

can be convinced and sanity can prevail.

Grave violation of Human R ights: Another grave issue is regarding those persons who

were picked up by law enforcement Agencies from different par ts of the country on f limsy

pretexts or vague accusations. They have not been brought before the cour ts of law. This is also

a blatant violation of human r ights which must be stopped for th-with. The incidents of bondedlabour 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 repor t to UN Committee

input be sought from the civil society. That should be followed in letter and spir it as the civil

society was involved and consulted before prepar ing repor t for Beijing Conference on Women

r ights in 1995 and also there is ³need to have institutional arrangements to review to suggest measures and also exercise operational author ity 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 quar ter ly

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



11

Little has been done in the aforementioned sectors, and we are lagging behind the goals

and our commitments. This may tarnish our credi bility.

Analysis

Violations of Provisions of ICCPR in Pak istan

As regards the religious freedom of citizens, the same has been enshr ined under the

1973 Constitution of Pak istan, but the existence of much cr iticized Blasphemy laws (sec. 295-

298 PPC) continues to undermine Pak istan¶s commitment and resolve to ensure the provision of

this impor tant r ight.

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 Pak istan has attached reservations. Pak istan is of ten cr iticized of violation of these r ights,

be it the incident of Karachi ± in which accused persons of robbery were burnt to death by mob

in presence of state author ities (a f lagrant violation of ar ticle 6 and 7 of ICCPR ) or the gunning

down of former Governor of Pun jab in an untoward incident of attack by a member of his own

secur ity staff for mak ing comments against the enforcement of blasphemy laws in Pak istan (a

violation of ar ticle 6 and ar ticle 19 of ICCPR ).

Another area of human r ights violation, for which Pak istan is of ten cr iticized, is the

case/issue of missing persons. It is alleged that secur ity agencies are responsi ble for such

incidents. The said issue is a violation of ar ticle 9 (li ber ty and secur ity of person), ar ticle 14

(equality before law ± due process of law) in addition to other provisions of ICCPR .

Gap between Pak istan¶s domestic law and Convention:Analysis

y Pak istani law does not contain the def inition of tor ture, it only prohi bits the very act.

what constitutes this act, remains a legal question.

y The convention includes psychological tor ture as well. On the contrary, under Pak istani

law, mental suffer ing may be included and compensated for in other laws, but it is not a

par t of any directly dealing with offence of tor ture.

y 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 sub jected to tor ture upon his

return/repatr iation/extradition to a third country.



12

y A standard investigation procedure needs to be delineated consider ing the repeated and

ever worsening offences of tor ture dur ing the interrogation etc.

Pak istan has attached reservations against var ious provisions of CAT, some of which deal

directly with afore mentioned gaps. R esultantly, our domestic law lags behind our international

obligations for the reasons of the said reservations mentioned ear lier in this paper.

SECTION 3

OBLIGATION R ELATED TO TERR OR ISM

International Covenants on Terrorism and their Impact on Domestic Policy

There is no agreed def inition of terror ism by the members of the United Nations. This is

mainly due to the ob jections of the members of the Organization of Islamic Conference (OIC)

because they want that the freedom f ighters using force against the oppressors, e.g. Kashmir i

militants struggling against India, or Palestinians waging a continuous struggle for their

homeland, should not be branded as terror ists. The two auxiliary bodies of the Arab League and

OIC are also trying to def ine terror ism which may be acceptable to other member states of the

UN.

³The def initional impasse has prevented the adoption of a Comprehensive Convention on

International Terror ism. Even in the immediate af termath of 9/11 the UN failed to adopt the

Convention, and the deadlock continues till date.

The pr ime reason is the standoff with the Organization of the Islamic Conference (OIC).

It seeks to inser t into the Convention: "The activities of the par ties dur ing an armed conf lict,

including in situations of foreign occupation....are not governed by this Convention." Or, as the

Pak istani delegate descr i bes the standoff on behalf of the OIC, there is a need "to make a

distinction between terror ism and the exercise of legitimate r ight 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 impor tance not to

affect the exercise of the r ight of people to self-determination.



13

The Arab Terror ism Convention and the Terror ism Convention of the Organization of

the Islamic Conference (OIC) def ine terror ism to exclude armed struggle for li beration and self-

determination. This claim purpor ts to exclude blowing up cer tain civilians from the reach of

international law and organizations. It is central to interpreting every proclamation by the states

which have ratif ied these conventions in any UN forum purpor ting to combat terror ism.´8

However, international regime on terror ism is based pr imar ily on Secur ity Council¶s

R esolution 1373, which was unanimously adopted on 28th

September 2001, immediately af ter

the terror ist 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, ³the Council decided that all States should prevent and suppress

the f inancing of terror ism, as well as cr iminalize the willful provision or collection of funds for

such acts. The funds, f inancial assets and economic resources of those who commit or attempt

to commit terror ist acts or par tici pate in or facilitate the commission of terror ist acts and of

persons and entities acting on behalf of terror ists should also be frozen without delay.

The Council also decided that States should prohi bit their nationals or persons or entities

in their terr itor ies from mak ing funds, f inancial assets, economic resources, f inancial or other

related services available to persons who commit or attempt to commit, facilitate or par tici pate

in the commission of terror ist acts. States should also refrain from providing any form of

suppor t to entities or persons involved in terror ist acts; take the necessary steps to prevent the

commission of terror ist acts; deny safe haven to those who f inance, plan, suppor t, commit

terror ist acts and provide safe havens as well.´9

This resolution was a continuation of Secur ity Council resolutions 1269 of 19 October

1999 and 1368 of 12 September 2001 and was adopted under Chapter VII of the UN Char ter

mak ing 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 possi ble measure to stop and

curb terror ism in all of its forms and manifestations. Its second paragraph gives the operating

guidelines for it enforcement.

8 The Ar ticle ³The Eye on the UN´ website htt p://www.eyeontheun.org/facts.asp?1=1&p=61 (accessed on 15

th

March 2011)9 htt p://www.un.org/ News/Press/docs/2001/sc7158.doc.htm Secur ity Council¶s Press R elease dated 28th September

2001 (accessed on 15th March 2011)



14

³This resolution also proscr i bed admittance of refugees by the member states before their

clearance from any past terror ist acts, besides, prohi biting f inancing or channeling of funds

through the member states for the commitment of or facilitation of terror ist acts in any of the

member states. Its operating paragraph 2 is reproduced below, which states:

³2. Decides also that all States shall:

(a) R efrain from providing any form of suppor t, active or passive, to entities or persons involved

in terror ist acts, including by suppressing recruitment of members of terror ist groups and

eliminating the supply of weapons to terror ists;

(b) Take the necessary steps to prevent the commission of terror ist acts, including by provision

of ear ly warning to other States by exchange of information;

(c) Deny safe haven to those who f inance, plan, suppor t, or commit terror ist acts, or provide safe

havens;

(d) Prevent those who f inance, plan, facilitate or commit terror ist acts from using their

respective terr itor ies for those purposes against other States or their citizens;

(e) Ensure that any person who par tici pates in the f inancing, planning, preparation or

perpetration of terror ist acts or in suppor ting terror ist acts is brought to justice and ensure that, in

addition to any other measures against them, such terror ist acts are established as ser ious

cr iminal offences in domestic laws and regulations and that the punishment duly ref lects the

ser iousness of such terror ist acts;

(f) Afford one another the greatest measure of assistance in connection with cr iminal

investigations or cr iminal proceedings relating to the f inancing or suppor t of terror ist acts,

including assistance in obtaining evidence in their possession necessary for the proceedings;

(g) Prevent the movement of terror ists or terror ist 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 descr i bes the duties of the UN members in preventing acts of

terror ism through stopping movements of; use of information and communication technologies;

and possession of weapons of mass destruction by the terror ists. These provisions are

par ticular ly impor tant for Pak istan as these are binding provisions and impact on the activities of

the Kashmir i jihadi organizations which have their extensive networks in Pak istan. These

compulsions have become more pronounced af ter the 26/11 Mumbai terror ist attacks by the

10 www.un.org (accessed on 17

th March 2011)



15

persons linked to Lashkar-e-Tai ba. Although this organization is now banned in Pak istan, its

successor Jamat-ud-Dawah is the target of Indian onslaught and demands from the Pak istan¶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) af ter the devastating

ear thquake in October 2005.

Then the SC R esolution 1373 also addresses the nexus between terror ism and

transnational organized cr ime dealing in illicit drugs, money-launder ing, illegal arms-traff ick ing

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 wr itings in the media.

A committee of the Secur ity Council, consisting of all its 15 members, was established

through paragraph 6 of SCR 1373 to implement the provisions of this resolution, and Pak istan,

like other 191 members of 192-member UN, is required to send regular repor ts to it on its

compliance regime, again propping up some concerns about the off-shoots of Jamat-ud-Dawah

namely, Al-R ashid Trust and Al-Akhtar Trust, mainly because of the provisions of an ear lier

Secur ity Council R esolution 1267 adopted on 15th October 1999 and mainly sponsored by the

United States of Amer ica under President Bill Clinton¶s Administration af ter Al-Qaeda

sponsored terror ist attacks, on 7 August 1998, bombing the US embassies at Nairobi in Kenyaand 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 Tali ban government in Afghanistan. This

resolution had ten preambular paragraphs addressing these two organizations and their past

activities and mak ing it a binding chapter VII resolution for the 192 UN member states. It set 14

November 1999 for imposition of sanctions against the then Tali ban government if they failed to

hand Osama bin Laden, who at that point in time was having a refuge in Afghanistan, over to

Amer ica, 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:

³2. Demands that the Tali ban turn over Usama bin Laden without fur ther delay to

appropr iate author ities in a country where he has been indicted, or to appropr iate author ities in a



16

country where he will be returned to such a country, or to appropr iate author ities in a country

where he will be arrested and effectively brought to justice;

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 repor t of the Secretary-

General, that the Tali ban has fully complied with the obligation set out in paragraph 2 above 1́1

An Implementation Committee of Secur ity Council was also established through

paragraph 6 of this resolution mak ing the UN member states send per iodic repor ts about

implementation of its mandatory provisions. The Committee has lately been named as Counter

Terror ism Committee (of the Secur ity Council).

Another impor tant resolution against terror ism is SCR 1625 adopted by the Secur ity

Council on 14 September 2005. It also addresses the possi bility of non-state actors acquir ing the

nuclear, biological or chemical weapons.

Then there is the UN Convention against Terror ism adopted in 2004, and ratif ied by

Pak istan on 31st

August 2007. This Convention gives the anti-terror ism regime an embodiment

for a continuous struggle against terror ist activities all over the wor ld.

The main corresponding Pak istani legislation relating to international conventions on

terror ism is the Anti-Terror ism Act, 1997, as amended in 2001 and subsequently. Anti-terror ism

Cour ts were established all over Pak istan through this enactment with their appellate tr i bunals,

mak ing their judgments f inal without recourse to High Cour ts and the Supreme Cour t. Under

this enactment police has been given wide ranging powers, through its section 26, including

admissi bility of confessions made before it under its sections 7 & 8 provided those have been

video recorded and produced before the relevant Anti-terror ism Cour t. Another impor tant

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 ³an 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-

terror ism regime of the UN.

11 www.un.org (accessed on 16

th March 2011)



17

Another impor tant initiative against terror ism f inance 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 Pak istan to

proper ly address to.

Another impor tant factor towards compliance of these UN resolutions by Pak istan are

the activities of Haf iz Saeed and other associates of Jamat-ud-Dawah, because of their links with

the proscr i bed Lashkar-e-Tai ba. Haf iz Saeed is now on the watch-list of SCR 1267 Committee,

now renamed as Anti-Terror ism Committee, branded as having links with Al-Qaeda and

Tali ban, giving India an instrument to apply all sor ts of pressures on Pak istan. Mr. S. R .

Subramanian, an Assistant Prof. at the Hidayatullah National Law University at Chhattisgarh in

India, in his ar ticle ³Pak istan¶s Accountability and International Obligations wr ites:

³Tak ing into account domestic pressure for percepti ble results, India has moved the

³1267 Committee´ of the UN Secur ity Council to ban the Jamat-ud-Dawah, the predecessor of

Lashkhar-e-Tai ba, for its involvement in the cr ime. The wor ld body had already on May 2, 2005

listed Lashkhar-e-Tai ba as one of the ³entities and other groups and under tak ings 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 (³Consolidated List´) but it

could not mater ialize for evidentiary reasons. The Committee was not convinced of the available

proof to meet the requirements of the UN Secur ity Council R esolution 1390.

However, the star tling revelations of the connections between the Lashkhar-e-Tai ba and

Jamat-ud-Dawah in the af termath of the attacks had forced the international community to

proscr i be the terror ist organization. As the decision goes, now Jamat-ud-Dawah with all its

spellings and var iations is considered an off-shoot of the Lashkhar-e-Tai ba. Simultaneously, the

entr ies of two other entities ± al-R ashid Trust and al-Akhtar Trust International ± are amended to

include their disguised appearances. The Committee has also named four leaders of the

Lashkhar-e-Tai ba as ³individuals associated with Al-Qaida´.

Mr. Subramanian fur ther demands12

on Pak istan to take action against Haf iz Saeed under

Pak istan¶s Anti-terror ism (Amendment) Act, 2001, very conveniently ignor ing the fact that

Pak istan had gone one step far ther than the requirements of SCR 1373 of putting him under

12 S.R . Subramanian, Ar ticle ³Pak istan¶s Accountability and International Obligations´, IDSA Strategic Comments



18

house arrest, besides complying with its mandatory provisions, which was subsequently termed

illegal by the Lahore High Cour t as it was beyond the scope of this resolution.

One can draw one¶s conclusions from the details of UN anti terror ism regime, that Pak istan is

generally in its compliance, but we need to be watchful all the time to avoid any possi bility of itsnegative consequences through any of her acts of omission or commission.

SECTION 4

4.1 CONCLUSION

There are gaps in implementation of obligations. These are impacting wr it 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 Secur ity Council and other treaties,some of which are mentioned above. The situation has to be taken up on pr ior ity in the wake of

current situation, both for global and domestic reasons. The people who are suffer ing for

absence of required action by state are the most impor tant factor for tak ing up this pr ior ity.

Hence it called for legal, administrative and f inancial resources in coordination with all

concerned. In br ief, following are the concluding points;

� There are gaps in our institutional obligation and operationalization

� These are impacting wr it of government and rule of law

� Children are to be ³protected´ and ³developed´ because they are our and nations future

� Focus on weaker sections of society

� Need to re-vamp the Cr iminal Justice System

� Enforcement mechanism is not effective

� No public sensitization on these ser ious violations

� Poor people become victim of in justice and cultural tyranny

� No harmony among impor tant 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 mani pulation and

affect rule of law



19

4.2 R ECOMMENDATIONS/OPERATIONAL PLAN -A

R ecommendations

R ecommendations Action by R esources Time Frame

1.Formulation and

implementation of laws

Political will Existing par tially

neglected resources

1-2 years

2. Notify

Focal/Coordinating

Ministry (MOI) on the

sub ject of the

international cooperation

& capacity building

Cabinet Division & MOI Existing 3 months

3.Change in R ules of

Business by assigning role

to M/o Inter ior

Cabinet Division

M/o Inter ior /other ministr ies

On going 6 months

4.Legal and other

administrative changes (0

Tolerance to violation &

economic choice to poor)

Annexure A

The concerned Ministr ies and

Commission

Ministry of Law

R espective depar tments one year

5. Constitutional

protection to civil servants

be-restored for effective

rule of law

M/o Law Existing resources 6 months

6. Access to justice &

( judges to f ield visit and

time limit for deciding

cases)

Training to judges and

law enforcers

Ministry of Law, Inter ior and

Provincial home depar tments

Ministry of law

Inter ior and Home Ministr ies

Existing depar tments

Existing institutes

One year

One year

7.Develop nexus between

investigation and

prosecution wings of

M/o Law - Inter ior Existing resources One Year



20

administration of justice

in coordination with

judicial author ity

8.Sensitization to National

Interest

.

Ministry of Inter ior

All Ministr ies of the Federal Govt.

(through their training institutions)

R egular feature of

capacity building courses

6 months

9. Awareness and

outreach on each sub ject

Information Division and

Provincial Ministr ies ±

Civil Society

R espective depar tments &

Civil society

On year

10. Education and HealthCare to all by enhancing

value of education

(sk illed) and de-

politicized/ incentivizing

Education and Health Depar tments

Enforcement of laws

Development plan

Implementation of laws

One year

11.Women par tici pation

in decision mak ing

Ministry of law

Ministry of social welfare

Existing depar tment One year

12.Lands distr i bution to

qualif ied females

Board of R evenue

(central and provincial)

Government lands One year

13.Micro credit Loans to

Sk illed Ladies

Ministry of Finance Government and pr ivate

banks

Suppor t to Akhuwat

6 months

14.Permanent cell for

Human r ights at all levels

±States dialogue and seek

midway ad justment

Ministry of Law , Human Rightsand provincial governments

Existing resources One year

15.Harmony among

segments of society at

national level

Ministry of Inter ior Existing resources Continuous effor t but

initially 6 months

16. Str ict standard for

lodging F.I.R . and the

proof of the case be laid

down.

Ministry of Law

Inter ior

Police

Due attention 2 months

17.False accusation be

str ictly punished

Ministry of Law

Inter ior

Police

Existing resources One Year

18.Investigation standard Home depar tment Existing resources One Year



21

be enhanced Administrative measure

19.Str ict enforcement of

Section 156 Police Order-

2002

Provincial Governments Home

Depar tment

Police

Existing resources 3 months

20.Procure and deploy

automated

surveillance/detection

system

M/o Inter ior ± Fiancé - Police Financial commitment by

M/o Finance

One year



22

4-3 Contingency Plan ± B

SCENAR IO IMPLICATION FOR

PAK ISTAN ACTION PLAN-B

Attack on a Heathrow Airpor t in

London by Terror ists allegedly from

Al- Qaeda/Tali ban

Negative image is f lashed with the

pressure to proceeded against

alleged outf its of Tali ban/Al-Qaeda

in Pak istan. The pressure is

resented and conver ted into protests

resulting in law & order situation.

Economic pressure is exer ted.

y M/o Inter ior and Home

depar tments of all provinces

y PM may call immediate meeting

with all stake holders.

y M/o Foreign Affairs to present

counter statement clar ifying

Pak istan¶s stance.

y Information Depar tment to

coordinate with media and other

opinion makers to present

Pak istan¶s point of view

K illing of a well known Hindu

extremist leader in India

� R elentless negative Indian

propaganda at international

� R esolution against Pak istan in

UNSC by India

� Pressure on Pak istan by wor ld

powers

� Law and order situation in

Pak istan

� Adverse impacts on economic

situation

y M/o Inter ior and Home

depar tments of all provinces

y PM may call immediate meeting

with all stake holders.

y M/o Foreign Affairs to present

counter statement clar ifying

Pak istan¶s stance.

y Information Depar tment to

coordinate with media and other

opinion makers to present Pak istan¶s point of view

Attack on a Chr istian village by

Muslim Fundamentalists

� Distor tion of Pak istan¶s sof t

image at international Level

� Pressure by international

community to initiate actions

against extremist religious

elements� Law and order situations

Negative impact on economic

activates

y Immediate relief to affected families

y Immediate initiation of the process

of administration of justice

y Preventive operation plan to be

implemented by local author ities

y R einforcement of resources to the

local depar tment

y Immediate convening of interfaith

harmony committee and sending

respective leaders to interact with all

concerned at local level.



23

Bibliography

Wik i pedia, women in Pak istan

Constitution of Pak istan, 1973

Asma Jahangir, ³A Poud of Flesh´, Newsline (Karachi), December 1990, pp. 61-62

htt p://en.wik i pedia.org/wik i/women_ in_pak istan#cite_note_amnesty_noprogress-17 accessed on

March 13, 2011

Shamshad Ahmed, ³Br idging the Gender Gap´, Dawn, The Internet Edition, May 02, 2005

(copy received from author)

Shamshad Ahmed, ³Br idging the Gender Gap´, Dawn, The Internet Edition, May 02, 2005

(copy received from author)

Jonathan Silvers, ³Child Labor in Pak istan´, The Atlantic Monthly, February, 1996

The Ar ticle ³The Eye on the UN´ website htt p://www.eyeontheun.org/facts.asp?1=1&p=61

htt p://www.un.org/ News/Press/docs/2001/sc7158.doc.htm Secur ity Council¶s Press R elease

dated 28th

September 2001 (accessed on 15th March 2011)

www.un.org (accessed on 17th

March 2011)

S.R . Subramanian, Ar ticle ³Pak istan¶s Accountability and International Obligations´, IDSAStrategic Comments



Annexure-A

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

At grass root level following institutional arrangement is recommended;

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