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AT MARRIOTT ISLAMABAD ON MAY 26, 2012
THE Supreme Court Bar Association has called a National Conference on Baluchistan to probe into the issues and find solutions as there is a complete breakdown of law and order, with thousands of people in the province are missing hundreds have been killed and the mutilated bodies are found in the province. There is a military operation in the province, secretarial fighting’s in which hundreds of people have lost their lives and hundreds and thousands of innocent people have to be forced to leave the province on account of their ethnicity. The province is in the grip of kidnapping for ransom and all this has resulted in a national crisis. Therefore, the Supreme Court Bar Association has felt its national duty to call upon the leadership of all Political parties in the government coalition, opposition, intellectuals, civil society and opinion makers to find out a solution of this crisis and build a national consensus for democratic functioning of the Federation of Pakistan. We the representatives of the National political parties of the Country, office bearers and members of the SCBAP and representatives of the civil society unanimously declare as under: 1. The crisis of Baluchistan is a political issue and it should be dealt with in a political manner. 2. An independent inquiry commission be constituted headed by a Judge of Supreme Court of Pakistan to probe into the following issues:a). The circumstances of murder of Mr. Nawab Akbar Bughti and Balach Marri to pinpoint blame and to take action the persons involved. b). To investigate the circumstances and the reasons for launching of military operation in Baluchistan in Dec 2005 and to fix its responsibility. c). To investigate the murder of Ms Zamur Dombki, granddaughter of Mr. Nawab Akbar Bughti and the subsequent threats to the ladies of the Bughti family.
d). To make a list of all those individuals who have lost their lives or who have become disabled on account of the ongoing conflict in Baluchistan for which appropriate compensation should be paid to all the affectees. 3. All military and para-military operation should be under the civilian control immediately. The civil government of Baluchistan should take special measures in the resulting vacuum to maintain law and order with the help of civil law enforcement agencies under the provincial government and effort should be made to approach leaders of militants groups to seek their cooperation to cease militant activities and join the dialogue process. 4. All political prisoners and missing persons in custody of different state agencies should be dealt in accordance with the law of land. 5. People of Baluchistan feel that even after 64 years since independence they are not been taken in Pakistan political, economic and social mainstream, and still undergoing yet another military operation since independence. Immediate measures must be taken to implement the provincial autonomy in letter and spirit according to the constitution of Pakistan 1973. So far, al measures undertaken by the present dispensation has aggravated the problem. 6. A dialogue should be initiated with the exiled Baloch leaders and confidence building measures should be put in place leading to their return to Pakistan so that they can participate in the electoral process. 7. All Afghan refugees must be repatriated back to Afghanistan. 8. All religious leaders of different sects should be brought together to evolve a structure to create tolerance and harmony respecting each others beliefs. 9. All settlers living in Baluchistan irrespective of their ethnicity, cast, creed or belief should enjoy equal rights and live peacefully and honorably.
10. The writ of the Provincial governments should be established and law and order situation should be enforced.
CONSULTATION BY THE SUPREME COURT BAR ASSOCIATION OF PAKISTAN 26TH MAY, 2012 AT ISLAMABAD The Supreme Court Bar Association of Pakistan (SCBAP) was deeply concerned at the deteriorating situation in Balochistan. The number of disappeared / missing persons continues to increase and most tragically mutilated bodies of those who went missing are dumped in broad daylight. During the hearing of missing persons’ case taken up by the honourable Supreme Court, it became evident that the victims and their families have accused state agents for this grave human rights violation. The presence of Frontier Constabulary and multiple intelligence agencies have not brought peace in the Province. Instead, blood is being split every single day. A number of FC personnel and police officers have also lost precious lives. It deserves to be condemned too.
Sectarian deaths have occurred in vast numbers. Hindus are being kidnapped for ransom and 20% of the Hindu population of Balochistan have left the province. Settlers in Balochistan have either left or live in fear, as many have been victims of target killings. The state of governance in the province is non existent and thus social sectors have suffered immensely. Schools remain closed and hospitals are destroyed, roads are unsafe and uprooted, trains run under the shadows of fear and poverty deepens. In order to address the deeply disturbing situation prevailing in Balochistan and to present solutions, the SCBAP, called a meeting of leadership of all Political parties, intellectuals, members of civil society and opinion makers. The participants of this important consultation concluded: 1. The politics of Garrison should be replaced by the civilian authorities that genuinely represent the will of the people. 2. It is crucial to ensure that all those responsible for authoring and killing of Nawab Akbar Bughti should be forthwith arrested and brought to justice in an open trial. 3. The situation in Balochistan is complex and solutions too, must be found in multiple directions including renegotiation of the question of Provincial
autonomy with economic resources to the province. Nevertheless, the participants emphasized that the crisis was one which could only be resolved through political dialogue, negotiations and through building confidence between the people of Balochistan and the Federal government. 4. Post introduction of the 18th Amendment, an effective mechanism should also be setup to ensure that all natural resources in Balochistan are under the control of the people of the area, while peaceful negotiations continue to meet new challenges. 5. All those citizens of Pakistan who are long settled in Balochistan irrespective of their language caste or belief be equally respected and their social and economic rights be protected. 6. A concerted effort should be made to respect the economic, ethnic, linguistic and cultural rights of all those living in Pakistan and in particular of the Baloch nation. This consultation recognizes that diversity of cultures in the country and aspires to celebrate it rather than oppress it.
7. The Supreme Court of Pakistan should be commended for taking up the case of missing people in Balochistan but urges that those accused of heinous crimes of killings and disappearances should be brought to justice. 8. An inter-parliamentary committee should prepare a White Paper on the human right violation carried out in Balochistan during the Musharraf regime to the present day. The report should be presented and discussed in the parliament. 9. All political prisoners and missing persons in custody of different state agencies be released forthwith. 10.An Independent Inquiry Commission be appointed and appropriate compensation be paid to all those who have lost their lives/ or have become disabled on account of conflict situation. 11.All religious leaders of different sects should commit themselves to create the culture of tolerance and religious harmony respecting each other’s beliefs and ideological thoughts. 12.A rigorous training program should be given to the FC and the police for respecting human rights of the people of the province. The FC should be
strictly prohibited to go beyond their scope of work and warned not to act in an illegal manner. 13.In parallel to political negotiations as a foresaid, all military and paramilitary operations are to be stopped forthwith and the army and frontier constabulary is to be called back to cantonment. 14.This consultation calls upon political parties to play a proactive role in promoting a democratic culture in Pakistan. Towards this end political parties may consider signing of yet another Charter of Democracy, so that they may gain the confidence of the people and play a leadership role rather remain resigned to the status quo. 15.This consultation strongly pleads for a peaceful transfer of civilian power. Political parties must ensure that the forthcoming elections should be held in a fair, free and transparent manner. Political parties are urged to rise above personal interests and setup a genuinely neutral electoral mechanism.
Mr. Muhammad Yaseen Azad President, SCBAP Mr. Muhammad Aslam Zar Secretary, SCBAP
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