January 1, 2004
More than four years after a military coup brought President Pervez Musharraf to power, a veneer of legality masks rampant human rights abuses in Pakistan. The most pressing human rights concerns in the country include harassment and intimidation of the media; a rise in sectarian violence; legal discrimination against and mistreatment of women and religious minorities; torture and mistreatment of political opponents; and lack of due process in the conduct of the "war on terror" in collaboration with the United States.
- Freedom of Expression
- Legal Discrimination Against and Mistreatment of Women
- Religious Freedom
- Discrimination Against Religious Minorities
- "War on Terror"
- Torture and Arbitrary Arrests of Dissidents and Political Opponents
- Key International Actors
Freedom of Expression
The rights to free expression and dissemination of information are persistently undermined through the arrest of editors and reporters from local and regional newspapers on charges of sedition. Pakistan's crackdown on press freedoms, at first limited to local journalists, appears to be expanding to the mainstream national and international media. The Pakistani government is using increasingly aggressive tactics to silence journalists viewed as critical of the military authorities.
A notorious example was the case of Rasheed Azam, a journalist and political activist from Khuzdar in Balochistan province, who alleged he was abused and tortured, including being beaten while hung upside down and subjected to sleep deprivation. He remains in custody on charges of sedition. Similarly, Amir Mir, a journalist working for the high-profile Karachi-based Herald magazine was reportedly publicly threatened by President Musharraf on November 20, 2003. Two days later, three unidentified persons set Amir Mir's car ablaze outside his house.
Two French journalists, Marc Epstein and Jean-Paul Guilloteau, and their Pakistani assistant, Khawar Mehdi Rizvi, were arrested in Karachi on December 16, 2003. The Frenchmen were released on bail after human rights groups protested the action and were eventually allowed to leave Pakistan on January 12, 2004 after paying a fine. However, their assistant Mehdi remains in custody and, though the Pakistani government denies holding him, General Musharraf has publicly accused him of "damaging" Pakistan "in exchange for two thousand dollars." Privately, officials have admitted to Human Rights Watch that Mehdi may be in custody and needs to be "taught a lesson."
Legal Discrimination Against and Mistreatment of Women
Under Pakistan's existing Hudood Ordinance, a woman who has been raped can ask for state criminal prosecution only if she can produce four Muslim men to testify that they witnessed the assault. If a woman cannot prove her rape allegation she runs a very high risk of being charged with fornication or adultery, the criminal penalty for which is either a long prison sentence and public whipping, or, though rare, death by stoning. The testimony of women carries half the weight of a man's testimony under this ordinance.
The government has yet to repeal or reform the Hudood Ordinance, despite the government-run National Commission for Status of Women calling for its repeal on the ground that it "makes a mockery of Islamic justice" and is "not based on Islamic injunctions." Informed estimates suggest that over 210,000 cases under the Hudood laws are under process in Pakistan's legal system.
Religious Freedom
Sectarian violence has increased significantly in Pakistan. In particular, Sunni extremists, often with connections to militant organizations such as Sipah-e Sahaba Pakistan (SSP), have targeted Muslims of the Shi'a sect. There has been a sharp increase in the number of targeted killings of Shi'a, and particularly Shi'a doctors, in recent years. These doctors make easy targets as they work in easily accessible public places and follow predictable routines. Indeed, the majority of the victims have been killed in or around their clinics or hospitals. Shi'a Muslim doctors are now fleeing Pakistan in large numbers in fear of their lives. Those implicated in acts of sectarian violence are rarely prosecuted and virtually no action has been taken to protect the affected communities.
Discrimination Against Religious Minorities
Discrimination and persecution on grounds of religion continue and an increasing number of blasphemy cases continue to be registered. The Ahmadi religious community in particular has been the target of religious extremists. During 2002-3 at least ten Ahmadis were charged under various provisions of the Blasphemy Law for allegedly contravening the principles of Islam. Charges filed include "preaching," distributing "objectionable literature," and preparing to build a "place of worship." At least six Ahmadis sentenced under the Blasphemy Law in 2002 await hearing of appeals against their sentences. Four of them received the death penalty and two received life imprisonment. Meanwhile, other religious minorities including Christians and Hindus also continue to face discrimination.
"War on Terror"
The conduct of the "war on terror" in Pakistan has led to serious violations of internationally and domestically recognized standards of due process. Suspects arrested and held on terrorism charges frequently are detained without charge and subject to trials without proper judicial process.
In December 2002, for instance, Pakistani security forces, allegedly accompanied by officials of the U.S. Federal Bureau of Investigation (FBI), raided a house in Lahore and arrested nine individuals. Only several weeks after the arrests did the government state that the detainees, including several well-known physicians, had been held under the Security Act for alleged links to the al-Qaeda terrorist network. Subsequently, the Pakistan government repeatedly ignored orders by the Lahore High Court to produce the detainees in court. Instead, the detainees are currently on trial before an "anti-terrorism" court in Lahore, a process that lacks basic fair trial safeguards.
Torture and Arbitrary Arrests of Dissidents and Political Opponents
Torture is used in Pakistan by military agencies primarily to "punish" politicians, political activists, and journalists who challenge the government's actions. Torture by the military usually takes place after the victim has been abducted; the purpose is to frighten victims into changing their political stance or loyalties or at the very least to cease criticizing the military authorities. The victim is often let go on the understanding that if he fails to behave, another abduction and further mistreatment will follow. In this manner, the victim can be kept in a state of fear for several years. Rights groups have raised the case of the detention and torture of Rana Sanaullah Khan, an opposition legislator who was whipped, beaten, held incommunicado, and interrogated for a week in police custody before eventually being released in November 1999. Apparently because Sanaullah refused to be cowed by the incident, he was abducted again in March 2003 and received similar treatment before being released. Meanwhile, Javed Hashmi, acting president of the opposition Pakistan Muslim League (N), remains in custody facing charges of sedition after he criticized military authorities at a press conference.
Key International Actors
Pakistan remains heavily dependent on the United States for economic and military aid. The U.S. has notably failed to press for human rights-related legal reform in the country, in exchange for Pakistan's support in the U.S.-led "war on terror." For its part, the government of Pakistan has excused its failure to uphold human rights and the rule of law by citing domestic political pressure from hard-line religious groups and militant organizations. This argument seeks to disguise a lack of political will to effect change as limited room for maneuver.
International financial institutions provide significant support to Pakistan. The Asian Development Bank in particular, has pledged U.S.$350 million to Pakistan under the "Access to Justice Program," which seeks to improve governance and effect judicial reform. However, these aims are unlikely to be met without pressure on the Pakistani government to effect meaningful legal and political reform.
Pakistan's record of ratifying principal international human rights treaties remains poor. To date, it is signatory to only five international conventions, and has signed neither the International Covenant on Civil and Political Rights nor the International Covenant on Economic, Social and Cultural Rights.
Related Material
More on Human Rights in Pakistan
Country Page
HRW World Report 2004
Report, January 26, 2004