H. U. Bhatti, "Violation of Human Rights resulting from demand for Right of Self Determination"
M. A. Halepota, "Secretary General's Report"
"Violation of Human Rights resulting from demand for Right of Self Determination "
Statement by: Dr. Haleem U. Bhatti, Information Secretary, HRIA
Mr President, Distinguished Guests, Ladies and gentleman,
In a symposium on " Self Determination organised by International Alert and University of Saskatoon, Canada, in March 1993, it was recognised:
" All the people have right to self determination under International law. This law is now well established in customary international law, and the principle is recognised in the Charter of United Nations. As well, more than 115 states are legally bound by this norm through their adherence to one or both of the international covenants on human rights.
" Self determination serves atleast two primary purposes: ensuring a representative, democratic and participatory framework in which people have the possibility of effective participation in political, social and economic life and in creating the conditions necessary for a people to protect and develop its identity."
" Peoples may exercise their rights of self determination in a wide variety of forms, responding to their particular circumstances. The right of self determination may conflict with other rights and is often reflected in constitutional arrangements such a confederation, federation, autonomy, self government, devolution, decenteralisation, and other mechanisms which are devised by mutual agreement."
"Recent events in the world have drawn attention to the ways in which the purported exercise or denial of a people"s right to self determination can give to the violation of individual human rights. Self determination is not necessarily tied to ethnicty. The international community has recognized the right of people to form a state by agreement of the people of the state concerned."
Sindh, a land of peace and harmony, covers an area of more than 58,000 square miles, extending northwards from the Indian Ocean and straddling the Indo-Pak Border. Watered by mighty Indus River, Sindh is rich with agriculture and natural resources including oil, gas, coal, diamonds, gold and uranium. Inhabitated by approx 40 million Sindhis, descendants of the original inhabitants Dravidians and subsequent settlers, with their distinct culture language and civilisation ie. Indus Civilisation, considered to be about ten thousand years old, and still surviving in the villages and towns of Sindh.
Throughout its ten thousand years history, Sindh has largely remained independent, except for few small periods inbetween, until 1843 when it was conquered by the English. In 1947, when British rulers decided to leave India, instead of restoring the independent status of Sindh, as per the english traditions, Sindhis were asked to join India or Pakistan. Having no other choice ie. independence, Sindhis decided to join the newly created state of Pakistan on the basis of Pakistan Resolution of 1940, which promises "...... the constituent units shall be autonomous and sovereign."
However, these promises were never fulfilled by the subsequent governments and the military dictators, who have ruled the country for most of its life, resulting in the separation of Bangladesh and discontent among the remaining nations. This discontent is further enhanced by the lack of any system of government which ensures the basic rights to all the people and prevents exploitation by the majority province.
Sindh with its immense richness has always attracted invaders and immigrants including Zarthushtra and his followers, Alexander and the Greeks, Persians, Mongols, Arabs, Portuguese and English. But with the creation of Pakistan, large number of muslims were encouraged to immigrate and settle in Sindh and native Sindhis were forced to leave their country. Furthermore the transfer of population continues to take place, resulting in the disproportionate imbalance of the population resulting in the increasing tension between the native Sindhis and immigrant Muhajirs. This tension between the communities is further heightened by the demand by the immigrants for a separate homeland dividing Sindh into two portions, and the use of force to achieve this objective, evidenced by the present crisis in Karachi, the capitol city of Sindh.
It is estimated that there are more than five million illegal immigrants in Sindh including Biharis, Bengalis, Burmese, Afghans, Veitnamese, Bosnians, etc. Sindhis feel threatened by the continued illegal immigration and settlement of Muhajirs in the urban towns and neo-colonisation and settlement of Punjabis in the rural areas, supported by the military dominated by punjabis. As per the government figures more than 8 million acres of land has been allocated to military personnel and other settlers in Sindh, forcing the native Sindhis to abandon their centuries old ancestral villages and homes, without due compensation or alternate arrangements.
We have received the evidence of the continued involvement of some political parties in terrorism including torture and murder of innocent civilians, as also evidenced by Amnesty International.
The most prominent among them being Muhajir Qaumi Movement (MQM) , who have reportedly been involved in the kidnapping, torture, rape and murder of many innocent civilians specially Sindhis. On 1st October 1988, more than 200 innocent civilians including women children and elderly people were massacred by terrorists, and the victims identified the assailants as the MQM activists to the then Chief Minister of Sindh, Mr Akhtar Kazi. The cases registered against the terrorists are still pending in the courts, but the offenders have been released for political reasons, whereas the victims are still awaiting legal relief and compensation.
Since then their have been numerous other testimonies and evidence of the continued involvement of MQM in the terrorist activities including kidnapping, torture, rape and murder of innocent civilians, political opponents and their own dissidents The continued and uncontrolled fighting for supremacy between the two groups of MQM, ie. Altaf group and Haqiqi group, has resulted in the unnecessary loss of the life of their workers and innocent civilians, and paralysed the life of Karachi.
Although the infamous military operation which resulted in the blatant violation of human rights and unnecessary loss of life, was supposedly stopped and military abruptly withdrew to the barracks in the beginning of December 1994. The military has been replaced by the para-millitary force, working under the command of the military Generals, to achieve the objectives of the hurriedly aborted military operation 'Operation Blue Fox' . Moreover, military still continues to interfere in the civilian matters, beyond its constitutional jurisdiction.
The military personnel involved in cold blooded murder of ten innocent villagers from Tando Bahawal, who were picked from their village and shot dead in cold blood, still remain to be punished as per the decision of the court martial, more than three years after the incident. Similar operations have been reported from various other parts of Sindh, and the persons so kidnapped by the security forces either disappear never to be seen again or their dead bodies are found dumped in the canals or by the roadside. So far the authorities have failed to restore the law and order situation inspite of the Operation Clean Up, which has resulted in the loss of life of many innocent civilians, political activists, police and military personnel.
We have received the reports and evidence of the widespread and systematic blatant violation of human rights including Rape, Torture and Death in Custody by the security forces. This has also been reported by the UN Human Rights Commission, Human Rights Commission of Pakistan,and Amnesty International.
The most notable among them being the cold blooded murder by the security forces of Shaheed Mohammed Yousuf Jakhrani, Vice Chairman of World Sindhi Congress, Mujeeb Aijaz Jatoi, Ali Hyder Shah, Khadim and Subho Indhar, Gulloo Machi, and others, are some of the example of the utter disregard by the authorities of the human rights of detainees and the disrespect for the human life.
Shaheed Mohammed Yousuf Jakhrani, Vice Chairman of World Sindhi Congress, was arrested by the security forces on 6th June 1992, and taken to the military camp near Pano Aqil, where he was tortured to death, and his body was returned to the relatives on 12th June 1992. The post-mortem of the dead body showed that acid was poured in the eyes, there were marks of electrocution, burning and physical violence. The relatives have unsuccessfully tried to file the petition in the courts of law, and even the highest court of the law in the country have failed to provide them relief and the culprits are at large, as the security forces are granted legal immunity from prosecution for any crime committed in good faith as per the Presidential Ordinance promulgated on 19th July 1992.
Large number of political activists, students and intellectuals are in prison, some detained without trial, including Mr Bashir Qureshi, Dr Dodo Maheri, Dr. Niaz Kalani, Muneer Shah, Lala Aslam Pathan, Sikandar Mirani, Younus Khoso, Muneer Mohammed Mastoi and others.
Torture and death in custody, specially of the political activists, by the police and security forces is common. It has been widely reported that individuals after being arrested and interrogated by the police and security forces are killed in cold blood showing an encounter, instead of producing them before any court of law. Among such cases include Mr Faiz Jakhro, Sahib Khan Chandio and six other Jeay Sindh activists killed recently in Karachi.
Rape and torture by the security forces and police is common in Sindh, and the victims are denied legal relief as the security forces are granted legal immunity from prosecution.
Rape of the women prisoners and innocent civilians by the security forces and police is common, as reported by Amnesty International and various human rights organisations and the press. The most infamous incidents was in the constituency of the Prime Minister, where five young girls were raped by the police, while they were visiting their relatives wrongfully arrested and detained at the police station, and the government tried to cover up the case for several days.
Torture of the detained persons, sometimes merely on the suspicion of crime and without warrants, to obtain confession is a common practice in all the police stations. Specially created torture centres, operated by the CIA, FIA and the military, exist in all the major towns of Sindh. The centres are used to obtain confessions, through torture and intimidation, from the political activists and innocent civilians, sometimes merely on suspicion of crime. The common methods of torture include physical beating, using instruments like 'Sachputri' and cuts with razor blades, stripping naked and tying up in the freezing cold, keeping the prisoners in dark cold damp rooms called 'Refrigerators' and denying them sleep for long periods of time, hanging upside down for periods of time without food or drinks, electric shocks, etc.
Torture cells are also operated by the terrorist organisations, and used for the torture of political opponents, usually with fatal results. Common methods of torture include drilling holes in the bones with electric drill machines, incising with razor blades, burns and electric shocks, etc.
The tradition of the intimidation and persecution of political opponents by the subsequent governments seems to be increasing in intensity with time. Use of emergency powers and Section 144 to suppress the freedom of speech and movement, arrest, imprison and torture the political opponents seems to be widespread and common practice. Use of the Exit Control List and refusal of some foreign missions to grant visa without the permission from the government of Pakistan, further exacerbates the problem of political persecution.
Dr Munawar Halepota, Secretary General of World Sindhi Congress and Human Rights International, while on a visit to Sindh, was arrested on 28th November 1995. He was detained incommunicado at various places including CIA Centre Hyderabad, FIA Safehouse Islamabd and death cell in Rawalpindi Jail for more than a month. During this period he was denied any medical or legal, including visits from the lawyers family or friends. After the increasing international and internal pressure for his release, he was forcibly deported on 4th January 1996.
Imprisonment of the members of parliament and opposition leaders and denying them the parliamentary and legal rights, is a practice which was inherited by the present government and is being repeated without any consideration of the human rights of the detainees. We have received numerous reports of the ill treatment and torture of the political prisoners by the authorities. Mr Shaikhoo Rahoo, uncle of Mr Ismail Rahoo,a prominent Sindhi opposition leader and former Minister Sindh Government, died in Central Jail Hyderabad on 1st February 1996, as the authorities refused to provide him with necessary medical treatment. Even after death, his body was chained with Hand cuffs and leg fritters.
It is also alleged that the security forces have recruited under cover agents to eliminate Sindhi political activists, and this view is supported by the suspicious circumstances surrounding the murder of some prominent political activists. The most notable being Mr Saifur Rehman Jatoi, who was shot dead by unknown assailants and the police have failed to trace any clues.
Rt. Hon. Syed Imdad Mohammed Shah elder son of His Excellency G M Syed and former leader of opposition in Sindh Assembly was prevented from travelling abroad when he was invited as guest speaker to the General Assembly of Human Rights International on 7th March 1996 in London.
His Excellency GM Syed, 92 years old Father of the Sindhi nation, passed away in Karachi, Sindh on 25th April 1995. GM Syed was put under house arrest on 19th January 1992, and his house was declared a sub-jail. During his political carrier, G M Syed was detained without trial, for more than 30 years since the creation of Pakistan, until his death and was adopted "Prisoner of Conscience" by Amnesty International and by Human Rights International.
On 11th March 1995, GM Syed was admitted in Jinnah Post Graduate Medical Centre in a critical state, after initial refusal by the hospital administration. He was denied proper medical care, resulting in the deterioration of his condition. Inspite of appeals from Amnesty International, Human Rights International, various NGOs, Parliamentarians and personalities throughout the world, the Government of Pakistan refused to try him in any Court of Law and provide the necessary facilities for his medical treatment abroad.
Human Rights International strongly feels that the deliberate delay by the authorities of implementing the adhoc procedures for him to be transferred and treated abroad obstructed any possibility of saving his life.
Recently security forces raided the family home of His Excellencey G M Syed, in Sann District Dadu on 30th June 1996. According to reports the entire town of Sann was sealed off by the security forces. Scores of people injured in police firing ann 60 workers of Jeay Sindh were arrested who remained in prison till today.
World's oldest surviving civilisation is under threat of extinction from terrorism, settlement of illegal immigrants, cultural dilution and persecution by the establishment, which has resulted in the blatant violation of human rights including Rape, Torture and Death in Custody of innocent civilians and political activists.
In the absence of any constitutional protection, Sindhis feel that their social, cultural, economic, civil and political rights are being violated, and that they are being held hostages at gunpoint by one of the ruthless armies which has repeatedly massacred its own people and innocent civilians around the world. Hence, Sindhis demand the right of self determination as per international covenants.
Peace and stability in the region, which is strategically vital for the world peace, can not be ensured unless the expansionist ideas of the military are checked and violation of human rights stopped. It has been proposed to the government of Pakistan to release all political detainees and restore the historical national rights of Sindhis, including the right of self determination.
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Dr. Munawar A. Halepota, Secretary General
Human Rights International.
Ref: HRI/S2/03/96
Mr President, Your excellencies, Distinguished delegates, Ladies and Gentlemen.
As the Secretary General of Human Rights International Alliance, it is my honour to welcome you all to this august gathering. This is the second of the series of the Seminars and conferences that Human Rights International intends to arrange for the promotion and education of Human Rights throughout the world as we prepare for the better future of the humankind in the 21st century.
Human Rights International Alliance is a non-profit alliance of NGOs, Parliamentarians and Human Rights activists from various parts of the world, dedicated to protection of Human Rights in the cultural, social, economic, religious, civil and political fields. Its aims and objectives include cooperation and coordination with NGOs, individuals, Institutions and Governments for the promotion of Human Rights.
We believe that the Human Rights, as we perceive them, are closely linked with the economic situation, socio-cultural problems including religious polarisation, illiteracy and other aspects of the every day life of individuals. Hence, the arbitrary division of the Civil and Political Rights from Socio-cultural and economic rights is misleading and has proved to be detrimental as in the case of China, Burma, Pakistan, former Soviet Union, Mexico and many other countries, resulting in the increasing violence with resultant loss of life, uprooting of large large number of people and destruction of cultures and societies.
Last year we arranged the seminar on "CONFLICT PREVENTION - THE ROLE OF NGOs, GOVERNMENTAL AND PARLIAMENTARY HUMAN RIGHTS GROUPS", on 21st June 1995. The seminar proved be very important and useful and the report is available for serious study and discussion. During the discussions in the seminar it emerged that the 'Right to Self Determination' is one of the most important causes of increasing violence and unnecessary loss of life in various parts of the world. Hence, we planned a seminar this year to discuss various aspects of one of the most important issues of our times, and the measures to restore peace and stability around the world.
The Right to Self Determination is as old as the humankind itself. The human beings, from the day of creation, have always strived to determine the way they lives, the way they bring up their children, the way they determine their future destiny, etc. This resulted in the quarrel between Abel and Cain and has continued in their posterity.
The struggle to determine their destiny against the tyranny was legalised as revolution, and the people were given the right of self determination as revolution against the tyranny. However, no legal mechanisms were devised to ensure the peaceful ways of achieving the right to self determination, hence the multiple wars in the history, with resultant incalculable blood and suffering of innocent civilians. Moreover, the revolution has recently been labelled as terrorism and the military or democratic dictatorship not considered as tyranny, hence the problems in Burma, Tibet, Chechnya, Sindh, etc.
The first serious attempt to develop the new instruments in the International Law were made by the United Nations in 60s. It took more than 20 years to agree on the International Covenant of Civil and Political Rights and International Covenant on Economic Social and Cultural Rights. The UN charter and covenants clearly state that:
- the right to self determination is an inalienable and inherent right of all the people.
- makes it binding on the Governments to take the necessary measures to promote the right of self determination of the peoples.
However, less than half the member countries have ratified either of the covenants, and these include some notable countries, who claim to promote the right of self determination of the peoples.
The UN resolution 2625 passed in 1970 states that: "All people in colonial situation have the right to self determination, and may receive outside support in exercise of this right" . This qualification was conveniently applied, when required by the international political changes, in the case of Estonia, Latvia, Georgia and other states of former soviet union.
The governments have consistently campaigned to undermine the right to self determination by imposing new preconditions in the international law, the recent being the report of Mr Eide, which gives priority to the territorial integrity of the member countries of the UN over the right to self determination of people. Mr Eide has understandably followed the European Model, without giving due consideration to the prevailing geo-political and economic under development in the third world countries, who suffer severely in the era of neo-colonialism and dictatorships eg. Burma, Indonesia, Pakistan, China, Russia, Nigeria, etc.
The member countries have tried to cover the economic deprivation and geo-political underdevelopment by emphasising the need for self development rather than self determination, with consequent disaster results as in Bosnia, Chechniya, Kashmir, and Sindh. At the same time exploiting the natural resources of the peoples suffering under the neo-colonialism as in Pakistan and Nigeria.
Although, the UN Working Group of Indigenous people in its Declaration has clearly upheld the right to self determination of the peoples, this has been referred to the Inter-sessional working group of review. Moreover, the efforts are being made to confuse the issue by emphasising on ILO Resolution 169, which further undermines the self determination and gives more authority to the governments to displace the peoples from their land when required under the pretext of development and progress.
The issue is further confused by the varied interpretation of the self determination by the peoples themselves as in the case of Indigenous Peoples of America, Canada and Nordic countries who do not emphasise on independence as against the Aboriginal and Indigenous Peoples of Australia who emphasise more on the control over their land and resources as against the Indigenous Nations, Tribes and Peoples of Asia and Africa who are struggling for the independence from the colonial or neo-colonial rule. This varied interpretation has been fully exploited by the member states within and outside the UN system, denying the peoples their inherent and inalienable right, with resultant increasing conflicts around the world and loss on innocent lives.
The constant factors in this equation of states and governments vs people and the land, are the people and their relationship with land. Throughout history we witness the changing territorial borders of the countries and the governments, but the people and their relationship with land remains constant. The problem is further aggravated when the governments consider themselves masters instead of being subservient to the peoples, denying the people their socio-cultural and economic rights and civil and political rights. This is resulting in increasing conflicts as more and more people are revolting against the modern tyrannies. Increasingly the governments are investing in the guns instead of investing in the people, forgetting that it is the people who ensure the prosperity of the countries.
Violation of the fundamental rights by the governments, including the freedom of speech, freedom of movement, right to free and fair trial, right to education, right to proper health care, right to economic development, right to socio-cultural progress, remain the major causes of the conflict within the societies and the countries and the reason for increasing demand for right to self determination by the suppressed peoples around the world.
Economic deprivation is increasingly the root cause of newly emerging violence, within and amongst the states, in various regions. Military expansionism to achieve the economic advantage, at the cost of the prosperity of the general population, is the emerging face of the Neo-colonialism. The New World Order which raised the hopes of millions of people around the world, has failed to deliver the goods and fallen into the economic trap of the modern democratic dictators.
Right of Self Determination, the inherent basic right of the people, and recognized in UN Charter, International covenants and UN resolutions, remains the single most important cause of the increasing conflict around the world. United Nations and the State Governments have failed to address the issue, concentrating on the territorial integrity of the member countries rather than the wishes of the people.
The prevailing instruments of the right to self determination although not perfect, and requiring improvement, should be sufficient to satisfy the present challenges. It requires the sincere will of the Governments and efforts of the human rights activists to realise the changing geo-political changes and boldly face the inevitable challenges to fulfil the wishes of the people demanding the right to self determination in the historical context to pave the way for better and stable future in the 21st century.
I sincerely hope that we all have learned from sharing the knowledge, personally I feel immensely enriched by the experience. Let us hope that some good will come out of todays endeavours, but it is important that we must continue our efforts for a better future, so that the coming generations should enjoy the gifts of the nature.
With this I must thank you all for participating and contibuting towards the success of the seminar.