2018 - The Debates

Amend the law; adapt it to the needs of the day, or repeal it altogether have been some of the objectives of the social and political movements surfaced throughout the history. However, it indeed sounds strange to know about a social movement which demands a government to implement its law. The Pashtun Tahafuz Movement (PTM) in Pakistan is one such example, which sets an unprecedented example. The movement, led by Pashtuns educated youth, emerged in reaction to the states’ policy of oppression and inhumane treatment of tribal people for the last few decades especially in the venture of the war on terror. The demands of the movement, total five in number, have clearly been enunciated in the constitution of Pakistan 1973. However, it is pertinent to briefly evaluate the demands in light of the constitution and determine its legitimacy.

The first demand is SSP Rao Anwar’s apprehension and holding him accountable in accordance with dictates of the laws for his act of Naqeebullah’s extra judicial murder. Every citizen has a right to life and liberty, and no one in the state can arbitrarily deprive one of such rights. Naqeeb’s murder is indeed an act done ultra vires of the law. Article 09 of the constitution of reads, “No person shall be deprived of life and liberty saves in accordance with the law”. The murder is a flagrant violation of the constitution and Anwar’s accountability its essence.

The second demand is the formations of a judicial committee under the supervision of the apex court for inquiry into the cases of extra judicial killings. Article 10A of the constitution says, “For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to fair trial and due process”. The notorious act of extra judicial killing under the pretext of encounter has been a blatant violation of the law. The process neither establishes one’s crime nor affords an opportunity of self defense through fair litigation. Taking one’s life arbitrarily and negating him the right to fair trial is a heinous crime against humanity. The act open challenges the writ of the state and individual’s right to life.

The third demand includes producing all the missing persons in a court of law. It’s a legal opportunity for the state to determine the person’s crime and accord punishment accordingly, and for the person to defend himself through law. The constitution in its Article 10 (1) provides for the same, it reads: “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.” According to the PTM sources close to 30000 persons have been missing. No information about their whereabouts, the nature of crime they have committed, and the condition of the person are shared with the families. The constitution does not confers such powers on any institution, and such detention is in contravention of Article 10 (2), which says, “Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest,……. and no such person shall be detained in custody beyond the said period without the authority of a magistrate”.

The fourth demand states that all the land mines and IEDs should be removed from the areas which have already been declared safe by the security forces. The people of those areas were made to leave their houses and lead the life of IDPs so that the military operation against the militants may smoothly be carried out. When the operation is officially over and people have been returned to their hometowns, their life is not secure due the installation of land mines in their surroundings. According to the PTM sources so far 72 persons have been the victims the such land mines in their areas. It reflects visible shortcomings and lapses in the strategy of the security apparatus and amounts to negation of the right to life and limb which the constitution guarantees to citizens under Article 09.

The fitfth and last demand states that the practice of indiscriminate humiliation and torture, violation of privacy, torture in public and the imposition of prolonged curfew after any untoward incident in FATA should be halted. The locals undergo the aforementioned treatment after any such incidents. The practices hurt their self-esteem and are violation of their privacy. The actions violate article 14 of the constitution, (1) “The dignity of man and, subject to law, the privacy of home, shall be inviolable. (2) No person shall be subjected to torture for the purpose of extracting evidence.” The prolonged session of curfews, which has become a routine in the areas, restricts people’s movement and disrupts the social and economic life in the areas. Article 15 states, “Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof”.

The peaceful uprising of the Pushtons, especially the educated youth, should be a clarion call for the state to acknowledge their constitutional and genuine demands. Vague promises and dodging tactics will not do, as the movement is gathering momentum and gaining more strength with passage time. There is not any such thing in the demands which shows state’s inability to act. The state must realize the fact that the movement now can neither be overlooked nor stifled. The more it is ignored and suppressed, the louder the screams will be.

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The celebrated anti-colonial leader and writer, Frants Fanon in his essay, The Pitfalls of National Consciousness holds that during the anti-colonial resistance all the masses actively participate and make sacrifices for the cause, but once the formal independence is declared, the fruits of independence are not evenly distributed and never reach to the common masses. The post-independence political scenario of the once colonized countries is dominated by some powerful classes of the land who perpetuate the colonial system and keep the masses away from the real form of independence, it ushers into an era of neo-colonialism. In case of Indian freedom movement, especially Pakistan, Pashtuns have been kept away from the real fruits of independence through various ‘neo-colonial designs’. Their socio-economic and political rights and needs have always been rickety with the federation of Pakistan. They have really been turned into subalterns, as Guha and Spivak term such classes. However, the rise of militancy on their soil, internal displacement and stereotypical representation in the national mainstream discourses finally resulted into the uprising, the immediate cause being the death of Naqeebullah Mehsud by a state institution.

The good aspects of the uprising was its being peaceful, and the demands put forward are in keeping with the law and the constitution of the land. Briefly put, they demand security of life and limb, equal status of citizenship like their co-citizens, free and fair trials, and punishment and reward in accordance with the dictates of the law. No sane mind can negate the legitimacy and urgency of the demands, and it was due to these reasons that their stance was dully endorsed by human rights group and civil society both inside and outside the country. No doubts, the movement challenged the mindset which has been foisting a close ended format of political nationalism and social homogeneity in the country, and even make use of fouls means like oppression, negation of fundamental rights for the propagation and perpetuation of their objectives. Federations across the globe, are formed by consensus of its units and certain rules for running the business are unanimously agreed upon by the stakeholders, focusing on the rights and duties of the citizens, called a social contract , popularly known as constitution. If a party to the contract or the institution formed therein, fails doing its job and or exceeds the designated authority, rest of the stakeholders do preserve the right to raise their voice against it. The exercise has been in vogue across the world, and terms of engagements in the contracts are reviewed, readjusted and grievances of the parties are redressed. However, in Pakistan such acts amount to treason, foreign agenda and disloyalty to the state.

The recent sit- in was an unprecedented manifestation of Pashtuns’ unity with convergence of interest, and reflected a rise of national consciousness among them. The decades long oppression, harsh and unjust treatment by the state, denial of fundamental rights, and suppression of their voices, finally compelled them to take to streets. The movement, however, for the time being has put five demands to the state, but if even the demands are met, the movement should not die down and serve as an active body of Pashtun representation. The movement, in order to live up to the expectations, should incorporate the following:

· It should be named as Pashtun (better Pakhtun) Qami Malatar.

· It should be distanced from every kind of political affiliations, solely taking into consideration Pashtuns’ cause and the protection of their interest.

· It should stay away from the electoral politics (at least for the time being).

· It should be given a strong and well-knit organization structure, at district levels in the Pashtuns’ areas.

· The Pashtun diaspora should actively be engaged in the movement.

· There should be a regular fund raising, preferably through mobile phones. (The way charities collect donations).

The struggle should not only be confined to the political rights, it should also focus on the cultural, social and economic aspects. There should be Social media team, legal team, and cultural experts etc. members of the teams should be selected from among the Pashtun educated class/ intelligentsia keeping in view their areas of interest and academic field. The committees should check Pashtuns’ negative representation, resist the Pashtuns’ ethnic profiling and stereotypical representation especially in the main stream media of Pakistan. In case of issues, they should give an intellectual response through ‘ Re-writing’ (as Edward Said calls it).

The struggle certainly seems an uphill task, hurdles are all around, especially from the centrist forces of the state and the so called institution of tribal Maliks , a white elephant, because the movement will gradually sink their position and replace it with the active, energetic and educated class. But perseverance , steadfastness and the spirit of serving without any vested interest will certainly make it possible. One must be hopeful, as long as Manzoor Pahteen continues to pursue Bacha Khan’s will, “My nation now I have turned aged, can’t keep visiting your hamlets and give you the lessons of social reformation and political awareness, now every Pashtun should propagate the spirit of service, humanity and create awareness’.

The Debates

PTM, a quest for law

Pashtuns' Uprising: The Subalterns finally speak