FRANCE IN THE GRIP OF POLITICAL AND DIPLOMATIC CRISIS

Fazal ur Rehman Afridi

Leaving the hot summer holidays behind, President Nikolas Sarkozy is faced with a bit hotter political situation at Elysee, Paris. Prime Minister Fracois Fillion is doing his best to defend the internal security policies elaborated by Sarkozy earlier: still he is facing immense difficulty in persuading majority of the Members of Parliament on this polemic issue.

The forced deportation of a thousand Roma Community members to Romania and Bulgaria by chartered plans after Grenoble episode has strained France relationship with EU and UN Human Rights forums and stained the image of France as righty put by Dominique de Villepin.

France's crackdown on its foreign Roma population came under fire from all sides of the political and social spectrum recently as pressure mounted on the government to abandon its plan to repatriate hundreds of Roma people to their native countries.

European Commission against Racism and Intolerance expressed its deep concern over France's tactics of exclusion of Roma. The Committee on the Elimination of Racial Discrimination (CERD), of United Nations has called on France to stop the mass returns of Roma. The interior minister, Brice Hortefeux, however shrugged off the criticism by terming it opposition from a left-leaning elite of Paris which is out of touch with the mood of mainstream society.

Foreign Minster Bernard Kouchner defended the policies earlier, but after deep resentment and strong protests by the European Commission and UN watch dog on Racism, he seems to be helpless. Frustrated of course, he is thinking about resigning as it is becoming difficult for him with every passing day to defend the internal and sometimes external policies carved out by Sarkozy. The fact that most of the French support these so-called security measures of the government as confirmed by peoples opinion poles, make it difficult for world community to pressure it to refrain from such moves.

Moreover, the policy of penalizing parents for the delinquents youth, revocation of the citizenship of foreigners who deliberately attack the police force and persons involved in polygamy, has also caused widespread criticism. The full veil or Burqa issue is on the back-burner for the time being, as ban on complete-veil has been adopted in the National Assembly earlier and waiting to become a law after a vote in Senate.

In the wake of mounting pressure from the main opposition Party PS on the issue of security, the prime Minster has confirmed that there are some problems with the security policies adopted by the government and seems difficult to defend some them. Matine Aubry, the First Secretary of the Socialist Party (PS) is on offensive by introducing her own version of soft approach of prevention, dissuasion and sanction, to reduce crimes in French society. Resistance to the changing of retirement age from 60 to 62 years by PS is another issue which divide the two main parties. Political Analysts term it a preparation for the Presidential elections of 2012 for which Martine Aubry has emerged as a strong candidate against Nikolas Sarkozy. Left-leaning PS believe in empowering the police and Judicial system rather than resorting to repressive measures resulting in alienation of public.

On diplomatic front, the August 25, Foreign policy speech at the 18th Conference of Ambassadors, Sarkozy reaffirmed French commitment to remain in Afghanistan, despite pressure from certain circles on account of deaths of French soldiers and completely strange and difficult conditions in Afghanistan. Lack of experience and communication with region make it difficult for French soldiers to work effectively. Concern was expressed on the double timing of Pakistan on the war on terrorism, which has resulted in big human and material losses for Allied forces in Afghanistan. France with a 3750 strong army, fighting shoulder to shoulder with American and allied forces is committed to fight terrorism in all its forms.

On the issue of Nuclear civilian energy transfers to countries in need, he made it clear that France is not against the transfer of civilian nuclear technology for peaceful purposes under the supervision of IAEA. Despite American concerns regarding civilian nuclear technology transfers, France's soft-attitude on this sensitive issue is largely due to the fact that she is interested in civilian nuclear technology co-operation with a number of countries like UAE, with which it has signed Mega-deals. France expects to sign more deals ranging in billions of Euros. But, countries like China and Pakistan can object to such deals, as both the countries have signed an agreement for two nuclear power plants to be constructed in Pakistan. Americans have objected to this deal, sighting security concerns and lack of transparency.

The French head of the State expressed his hope that a peace deal is possible between Israel and Palestinian Authority within a year. This shows France's commitment and interest for the peaceful resolution of this conflict. He confirmed firmness and sanctions against Iran but expressed France's readiness for dialogue. Sarkozy outlined the French priorities and proposals for changes into international financial instruments and frameworks at the G-20 forum. France is expected to head G-20 in November this year.

The economic crisis which has affected the world and Europe has forced France to take austerity measures in different sectors. Cut in allocations for foreign missions have created anxiety and un-ease in the diplomatic corps of France. Feeling the pinch hard, One Ambassador of France in Senegal has already resigned and others are in apparent un-ease as government has reduced the budgetary appropriations to Embassies abroad. Government funded French cultural Centres are facing eminent closure and scholarships for foreign engineering students have been slashed, which will damage the French political and cultural influence in the African countries considerably in the long run. Non-utilization of such instruments will result in receding French influence in face of the strong cultural offensive of Chines and German foreign missions in this continent.

The foreign policy evolved during Sarkozy's mandate as head of the state is under attack as he laid out his new priorities in an emphatic speech of August 25, lacking substance: a routine annual stunt. Critics have termed it a policy lacking strategic thinking and full of errors. The internal security policy, heading in the wrong direction is under fire both by political analysts and PS, the main opposition party of France.

The Human Rights Crisis in Northwest Pakistan

Fazal ur Rehman Afridi

The recently unveiled report titled “As If Hell Fell On Me”, by Amnesty International (AI), depict a horrifically dismal picture of the Human rights situation in Northwest of Pakistan, with particular emphasis on atrocities committed by the security forces of Pakistan and Taliban. The report is a red-card by Amnesty handed over to Pakistan- playing foul in the field of Human Rights. Focusing mainly on the deteriorating Human Rights situation in Federally Administered Tribal Areas (FATA), Amnesty was having no choice but to declare FATA to be a Human Rights Free Zone. Keeping in view the stature of Amnesty as defender of the Human Rights on International level, this report can work as an eye opener for the Western World, which is hesitant to declare Northwest of Pakistan a war zone mainly due to political hypocrisy and vested interest. The report is not complete and comprehensive partly due to the fact that the representatives of Amnesty International were not allowed to enter FATA to directly meet, talk, investigate and interrogate the people and the security forces: to assess the situation on the ground objectively by itself.

The current sporadic and continuous low intensity fighting in FATA and Northwest of Pakistan represent a war theater. A war zone far more dangerous and bloodier than Afghanistan and Iraq resulting in dozens of casualties on daily basis. The astronomical human and material cost of this ongoing strife has pushed Pakistan hard enough to overtake Afghanistan and Iraq. Mass graves discovered at different locations in Swat as confirmed by HRCP, AI and HRW: reminds of the Serb genocide of 1995 in the city of Srebrenica in Bosnia & Herzegovina. Many more undiscovered Mass-graves are waiting to be unearthed, if and when International Human Rights Organizations will be allowed to enter FATA.

The magnitude and scale of torture, killing and forced disappearances by Military Establishment of Pakistan dwarfs the Chilean Dictator, General Augusto Pinochet. The Supreme Court of Pakistan is powerless, as its orders to produce missing persons before the court for trial are thrown into dustbin by Military Establishment.

The situation is pathetically dismal in areas of Freedom of expression and liberty of the Press. Pakistan holds the unenviable top position in the world with the highest number of journalists killed so far this year. Khyber Pakhtunkhwa, Balochistan and FATA are lawless with complete break-down of Law & order. Government security agencies and Taliban show scant respect for the rule of law and supremacy of the constitution.

A brief description of Human Rights violations by Taliban and the governemt of Pakistan (Military) are enumerated by Amnesty International as under:

TALIBAN ATROCITIES:

1. Many of the Taleban’s acts constitute crimes under international law. They are also crimes under Pakistan’s law but in the absence of suitable judicial structures and the Pakistan government’s inability or lack of will to protect the local population from such crimes, these crimes have been committed with impunity”. The Pakistan-based Institute for Peace Studies (PIPS), and the International Institute for Strategic Studies, have both estimated more than 11,000 Casualties in 2009 only in North-West of Pakistan.

2. In 2008 and 2009, Amnesty International documented 114 cases of attacks by the Taleban against locally prominent persons, including government officials, tribal leaders allied with the government, Journalists, aid workers and human rights activists. These attacks resulted in at least 256 deaths of civilians belonging to the aforementioned groups.

3. Taliban have imposed a strict social codes on civilians, forcing men to wear long Beards, wear caps, perform prayers and women to wear full veils or burqas. These and other actions are abuses of a whole range of human rights of local residents, including to life, to liberty and security of the person, to non-discrimination, freedom of expression, religion, association and movement, and the prohibition of torture and ill-treatment.

4. The Taleban have systematically abused the right to life, and to freedom from arbitrary detention, torture, gender, religious, and ethnic discrimination, and the right to free expression—among other internationally recognized human rights”, the report says.

HUMAN RIGHTS VIOLATIONS COMMITTED BY PAKISTANI GOVERNMENT (MILITARY):

1. Pakistan has deployed tanks, artillery, jet fighters and bombers, helicopter gunships, and thousands of regular military troops to FATA for the first time in the history of Pakistan. The research conduct by Amnesty International shows that the Pakistani military has not taken sufficient care to minimize the risk to civilians, often resorting to indiscriminate or disproportionate force in its operations. Pakistani government forces have detained hundreds, if not thousands, of FATA residents on suspicion of cooperating with the Pakistani Taleban.

2. Cedible media reports suggest that some 2,500 people were in detention in the first half of 2010…the numbers subjected to enforced disappearances could be much higher. These detainees are not held under any clear legal framework under Pakistan’s law, the report confirms. Hundreds of thousands of FATA’s nearly four million residents have fled the increasing brutality of the Pakistani Taleban and of the government’s military response.

3. Amnesty International has documented multiple instances of the military blocking members of the Mehsud tribe from using major roads to flee the conflict zone during its military operation of Rah-e-Nijat in South Waziristan.

These violations presented by Amnesty International is just like scratching the surface. Now, I would like to see as to which International mechanism exists, through which the Taliban and Military commanders who committed and ordered these abuses and brutalities to be brought to justice at an appropriate time. The following International Criminal, Human Rights and Humanitarians laws and other UN conventions have been violated:

Under international criminal law (ICL), individuals may be held criminally responsible for certain violations of international human rights law (IHRL), such as torture and enforced disappearance, for crimes against humanity and genocide, and for serious violations of International Humanitarian Law (IHL), such as war crimes. International human rights law applies both in peacetime and during armed conflict and is legally binding on states and has implications for non-state actors.

International humanitarian law (IHL) also known as the law of armed conflict, is binding on all parties to an armed conflict (regardless of whether the conflict is international or non-international), including non-state armed groups.

The 1948 Universal Declaration of Human Rights (UDHR), though not itself a binding treaty, articulates some of the most basic rights that all UN member states pledge to promote and protect pursuant to the Charter of the United Nations. A number of the UDHR provisions, including the prohibition on discrimination and the right to equality before the law, prohibition on torture and other ill-treatment, and the right to fair trial by an independent and impartial tribunal are violated by the government of Pakistan.

Under the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) , Pakistan is required to ensure that women enjoy equal rights and access as are provided to men in a range of fields such as holding public office, education, employment, health care, other areas of economic and social life CEDAW requires Pakistan to accord to women equality with men before the law, including a legal capacity in civil matters identical to that of men and the same opportunities to exercise that capacity, and equal treatment in all stages of procedure in courts and tribunals. The draconian black law of Frontier Crimes Regulation (FCR) imposed on FATA residents clearly violets CEDAW and UDHR as most of its articles particularly Clauses 21, 22, 40 FCR are barbaric medieval-aged interpretation of laws. Under the clause of collective responsibility, tribesmen are arrested and sentenced some times for 14 years without trial in the courts of Pakistan for the crimes they have not committed. A women can be imprisoned without any trial before any court of law, without a right to appeal: if her husband or father-in-law accuse her of extra-marital relationship. Hundreds of children are languishing in prisons for the crimes they have not committed under 40 FCR in contravention to the Convention on the Rights of the Child.

The Constitution of Pakistan of 1973 explicitly excludes FATA from the legal, judicial and parliamentary system of Pakistan, including barring residents from full representation in parliament and bringing appeals to a higher courts of Pakistan. One does not understand as to how a state can maintain its membership of UN when its laws and Constitution clearly violate all International Human Rights instruments, treaties, laws and conventions.

“Finally, it is worth recalling that members of the Pakistan government or army and the insurgency movements may be subject to criminal prosecutions under international criminal law, in relation to war crimes, crimes against humanity, or other crimes under international law” Amnesty International confirms.

This statement of Amnesty International which clearly put the responsibility on the government of Pakistan or Army and the Taliban should be taken seriously by US, EU and relevant institutions like International Court of Justice (ICJ) to take measures to bring the culprits to justice, otherwise the world will witness a genocide in comparable in the history of Mankind.

I fully appreciate the efforts of Amnesty International for documenting this report with razor-beam focus on violations of IHRL, IHL, UDHR, CEDAW, CRC and the relevant Geneva conventions in Northwest of Pakistan, particularly FATA.

But, inspite of dozens of reports and mountains of information piled up by Human Rights Watch, Amnesty International and Human Rights Commission of Pakistan: analysis by think-tanks like Rand and Council for Foreign Relations: the protests, condemnations and reports filed by Press freedom organization like Reporters without Borders(RSF), International Federation of Journalists (IFJ) and World Association for Newspapers (WAN): Annual Human Rights reports both by US and European governments, expressing concern over Human Rights abuses both by the State of Pakistan and Taliban in FATA and Khyber Pakhtunkhwa: no Inquiry under an International Inquiry Commission (my proposal) has been conducted to verify and ascertain the factual situation on the ground which is far more dangerous than reported. A full-fledge war is going on in the Northern Part of Pakistan but still the Western countries are reluctant to declare it a war zone. Northwest of Pakistan needs to be declared a Safe Area under International protection, in order to protect the Pashtun race from ongoing Genocide by Punjabi Military Establishment.

The human rights abuses and violation of IHRL and IHL documented in this report is just a tip of an iceberg. Despite the fact that this effort of Amnesty International is a bold step in the right direction but the international community cannot relieve itself of its main responsibility to make the government of Pakistan accountable for the human right abuses that are taking place under the nose of the military establishment or to put it more precisely, with the active connivance or orders of the higher Command of the Military.

The merciless killing of innocent Pashtun Nation by the Pakistani Military will continue until the International Community act with resolute commitment taking tough measures to bring the higher command of Military to justice by invoking the relevant articles of the IHRL, IHL and Geneva Convention of 1949.

We cannot wait to see the situation convert into just like the tragedy of the Genocide of Srebrenica, Bosnia & Herzegovina or worst in Khyber Pakhtunkhwa and FATA. Unconfirmed reports suggests that more civilians have been killed in violation of International Humanitarian law than one can imagine. It needs to stopped immediately, otherwise the resultant balkanization of Pakistan will be more tormenting and ferocious than one can imagine leaving the un-healing scars of war and destruction dividing Pashtuns and Punjabi communities of Pakistan on blood lines. Again, I would also like to remind the International Court of Justice to take notice of the War Crimes committed by the government of Pakistan and Taliban to bring the culprits to justice.

KIDNAPPING FOR RANSOM- PAKISTANI STATE MACHINERY INVOLVED

I was amazed to read a news story titled " The kidnapping of young Briton Sahil Saeed has focused the international spotlight on one of Pakistan's more murky secrets". In fact, the world and international media in particular know well about the kidnapping for ransom in Pakistan. It has become one of the most profitable business in Pakistan. Last year thousands of documented cases of kidnapping have been reported in Pakistan with Punjab topping the list with 11 000 cases of abductions. In most of the abductions cases the missing persons simply disappear. No body knows, how these people disappear and where they can be located. Supreme Court of Pakistan is processing the cases of thousands of missing persons but the Agencies (military & ISI) are reluctant to co-operate with the Court, rather hurdles are created.

Of course, small criminal gangs are also involved in this heinous crime, but we always miss the root-cause of the problem and the main culprits. It is been proved beyond any doubt that ISI has been using this method of Kidnapping for Ransom to finance its so-called Jihad in Afghanistan against former Soviet Union and later after 9 11 to finance the Talibans in Pakistan and Afghanistan waging war against US and Allied forces. Besides kidnapping, other methods of collection of black money were looting banks, donations through different jihadi organisations, receiving bribes from corrupt bureaucrats and politicians and most important of all the drug business. Former Prime Minister Nawaz sharif rightly pointed to this heinous crime of Pakistan Army and ISI in his interview with Kamran Khan published in Washington Post.

Until or Unless this rogue Pak Army is not made accountable for such crimes, it will continue. Mr. Ansar Abbasi, in his Column, coinciding with the Women Day of March 08, has made the Police a scapegoat in the above mentioned case along with other similar cases, but he missed the point, who actually is responsible for this state of the affairs? Of course, police is directly involved in some crimes but in most cases police is forced by Pak Army and ISI to release or not to arrest the culprits, as the criminals are on the pay-rolls of these two powerful institutions.

To another assertion of Mr. Ansar Abbasi that the Islamic laws introduced in Saudi Arabia, UAE and Iran have been instrumental in reducing such crimes in these countries. I do not think the inhuman laws of medieval ages could be introduced in this modern age by lashing people, cutting their hands and cutting their throats in public. These laws or practices are not something exemplary to present them as good example to the world. I would like to pose a simple question as to how many innocent people have been lashed, amputated and killed through these draconian laws of medieval times?

Of course there is crime in European countries like UK, France and Germany, but these are not POLICE STATES like Saudi Arabia, UAE and Iran. Their Criminal Justice System is based on respect for Human Rights and dignity of a person. It is here that the real system of the fear of Certainty of Punishment is practiced. What kind of justice system we want to offer to the world in which people are lashed, amputated and killed publicly. Is it viable to introduce such barbaric and medieval system in the modern civilised world and label it as Islamic? Muslim are already suffering from bad image and the naive suggestions presented by Mr. Abbasi can further tarnish our image as Muslims. Mr. Abbasi may be nostalgic about the former Taliban regime in Afghanistan and the medieval draconian wahabist Islamic Ideology, but to term it a true Islam is not fair.

Mr. Abbasi termed the police training, capacity building, increase in the pays of Police and judges as futile exercise.I think only a person out of mind can say such things. He is just harping the tune of Pakistan Military and ISI system of justice where innocent civilians are abducted, tortured and killed extra-judicially, who wrap up the constitution of Pakistan and Judiciary under the force of gun. Crimes, lawlessness, injustice, chaos, corruption and intolerance are rampant in societies where old machiavellian concept of Power is Rights is the norm.