Tega an effective weapon for conflict resolution in Mullagori

Mullagori is sub Tehsil of Jamrud sub Division of Khyber Agency FATA and its population increases upto 60 thousands. This area has more than 120 tribal feuds since long. These enmities have caused many precious lives of men, women and children alike. People of area in question had raised their voice of concern time and again for re dressel but political administration did nothing good to take action and bring tribes closer and finish these tribal feuds. Mullagori Amn or peace Jirga took positive initiatives to bring to an end these enmities and resolve the conflicts through Tega by pressurizing political administration. It was decided that until December, 2017 no tribe or individual will take arm against any tribe or individual and their will be a complete peace in tribes for one year.

A brief report over human rights situations in Federally Administered Tribal Areas-FATA in 2016

 A brief report over human rights situations in Federally Administered Tribal Areas-FATA in 2016

By Zar Ali Khan Afridi

December 10, 2016

FATA is a human rights free zone where free human beings have been enslaved since 1901. Pakistan claims that FATA is its constitutional part and she has placed it in Pakistan constitution of 1973. People of this unfortunate part have been experiencing inhuman treatment meted out to them even after Pakistan came into being since 1947. The miseries and troubles of the inhabitants of FATA increased many times after 2001. This area was used by terrorists without consent of its people and Pakistan military launched a counter attack against these terrorists. But irony of fate is that 15 years have passed but the game of hide and seek is still going on though dozens of different names have been given to war against terror in FATA. Almost all names indicated that war against terrorists was not taken serious and people of the area in question particularly women and children and ailing aged persons suffered the most. More than 3 million people mostly women and children were forced to migrate from their native areas by just one order of the military on name of operation against militants. Millions of children and women experienced scorching sun of June, July and August in the plains of Khyber Pakhtunkhwa province. Government of Pakistan and leading persons and politicians of this country praised people of FATA saying that they sacrificed for Pakistan. It was very shocking to see that all three provinces except Khyber Pakhtunkhwa closed their respective entrances over the Internally Displaced Persons by time. Since 2001 many leading and well known political and social activists, human rights defenders, women leaders and tribal elders got sacrificed for unknown reasons. Pakistan has ratified all human rights, women rights, children rights and Universal Human Rights Declaration but as for as FATA is concerned Pakistan and its authority have not taken seriously the violations of human rights in FATA. Even its report for periodic review has not been sent to concerned authority. Pakistan sent its first report in year 2008 for review, then in 2012 and now in 2017 there will be a review of Pakistan but in all reports FATA is missing and has never been given due weight and importance.

Few gross human rights violations in FATA in year 2016.

1.       Pakistan authority asked Tribesmen and tribes women to get visa while crossing over to Afghanistan. More than 30000 people cross to and back to Pakistan daily since time immemorial. Both people are having common market, tribal relations and same ethnicity. This has caused a great unrest among people living in FATA specially border areas of both the countries.

2.       Children are still arrested and locked them up. Recent case of Jawad Khan Mullagori is an eye opening. Similarly students from examinations have been taken away by Khasadar force on order of political administration and put them behind bars in different agencies and FRs of FATA.

This is serious violation of Convention on the Rights of Child.

3.       Men as old as 80 were arrested and put behind bars. A case of Mohmand Agency is very well known. This is also unconstitutional and against law of the land. Case of Saida Khan in Mullagori is also a known case. He was an octogenarian and was locked in jail.

4.       The market of Mirza Alam Khan Wazir in Wana South Waziristan was demolished. It consisted of more than 150 shops and big halls. It cost more than 100 million Pakistani Rupees.

5.       Polio worker Muhammad Amin Afridi was killed by terrorists in Jamrud Khyber Agency while he was busy performing his duty.

6.       Internally Displaced families of Waziristan crossed over to Afghanistan were not allowed to reenter into Pakistan through Torkham boder.

7.       Computerized Identity Cards of thousands of people in Mohmand Agency were blocked.

8.       Government did nothing for implementation of Article 25 A. Still 1.5 million children are out of schools in FATA.

9.       Government did nothing for Juvenile Justice System Ordinance 2002 which was implemented in 2004 in FATA.

10.   1000 schools in FATA were closed under a policy called Rationalization policy of education in FATA. It suffered hundreds of thousands of children and their future.

11.   In FATA space has been shrunk for NGOs. Rights based NGOs are not allowed. NOCs are not given. Social activities have come to a standstill though government in 2014 in National Action Plan had promised to work for uplift and development of FATA.

12.   Worship place or mosque in Anbar Tehsil of Mohmand Agency was blown up. 24 among them were children out of 35.

13.   Famous and well known Human Rights activist and a political worker of Pakistan People’s Party Hamid Hussain Turi was assassinated.

14.   In mohmand agency more than 37 houses were demolished.

15.   In reforms process for FATA NGOs, women and Trans genders were not consulted.

16.   Child birth registration system in FATA was absent in 2016.

17.   Ratio in child marriages was increased

18.   Corporal punishment is on rise in absence of law against corporal punishment.

19.   NGOs workers especially those working against child marriages faced serious threats after Islamic Ideology Council called it blasphemous.

20.   Assistant Political Agent of FR Peshawar fined whole tribe of Rajmirkhel for a wrong doing of one person who was absconder.

Issued by

Zar Ali Khan Afridi

Chairperson

FATA Commission of Human Rights

03015963337

fatacommissionofhumanrights@gmail.com

Jawad Khan a seventh class student in Mullagori Khyber Agency FATA was put behind bar illegally by khasadar force for 8 long hours

By Zar Ali Khan Afridi

Jawad Khan a 7^th class student of Government High School Lora Mena a village in Mullagori sub Tehsil of Jamrud Sub Division of Khyber Agency FATA went to a Basic Health Unit in his village to see a doctor as he was ill. As he reached hospital he was not allowed by security guards or local Khasadar police to go near to doctors. Eyewitnesses said that doctors were busy gossiping and khasadars were not allowing people to meet doctors. Jawad insisted to get himself checked as he was having high temperature and could not wait longer. Khasadar police beat him severely and  he was then unable to go to his house back. Some people supported him and took him home. After an hour had hardly passed that two officials of Khasadar force came to his house and arrested him once again and took him back to tehsil and put him behind lock up or bar for long 8 hours. His mother was bitterly weeping and his father who is also an ailing person could not do any thing better for his teenaged son. Jawad father is an educationist and presently he is head master of GHS Lora Mena. Latter on a Jirga of local tribal elders was constituted and got ailing teenager student released from captivity of khasadar force.

All government and private schools in Mullagori are reported to stage a protest tomorrow against this brutality against a teenager student by khasadar force or local police. People will demand for immediate transfer of concerned who beat and arrested a student and put him behind bar illegally.

Regards

Zar Ali Khan Afridi

Chairman

FATA Commission of Human Rights

PAKISTAN: Military men demolish business centre after trader refuses to supply arms to the Taliban

http://www.humanrights.asia/news/ahrc-news/AHRC-STM-169-2016

The Asian Human Rights Commission (AHRC) has received information that in retaliation to locals refusing to supply arms to the international terrorist organisations Taliban and Al-Qaida, Army officers have blown up a two-storey business centre, which had more than 150 shops and four commercial halls. This incident has occurred in Wana City, the headquarters of South Waziristan, located in Federally Administered Tribal Areas (FATA), where the Army claims to be conducting major operations (Zarb-e-Azb) against terrorists.

This is to be mentioned here that the business center belonged to the Mirza Alam Khan Wazir, ex-Chief of the Ahmadzai Wazir tribe. He was the Chief of the whole of Waziristan, FATA. In his lifetime, Mr. Mirza remained staunchly against terrorism, particularly against the Taliban, at a time when the Pakistan Army was allegedly nurturing these terrorists and facilitating them to conduct cross-border terrorism. Mirza also did not allow Osama Bin Laden to stay in Waziristan; that is why Bin Laden had to settle in Abbottabad and other areas inside Pakistan.

The Army retaliated by dynamiting the business centre after Army Major Imran was killed and six soldiers were injured in the area. The major and the soldiers were in the area trying to coerce locals to continue supplying arms to the Taliban. However, from the information gathered so far, it appears the killing of the Major was not due to any act of violence on the part of locals, but due to a sophomoric mistake of the Major himself.

According to information gathered, it appears that the Major wanted a shopkeeper, Mr. Khan Kharoti, of Suleman Khel, to re-start delivery of arms and ammunition to the agents of Afghan militants from the Taliban and Al-Qaida. Mr. Khan had suddenly stopped delivery of arms around two months ago. Khan was delivering arms and ammunition to Angur Ada, a village and a border crossing straddling the South Waziristan Agency of Pakistan and Afghanistan's Paktika Province. Khan decided to do business of carpets instead and hired a shop at the said business center in a quest to change his line of work.

On the day of event, October 29, when Khan was arranging carpets in order to open his shop, Major Imran arrived at his shop, along with around 15 soldiers, all in civilian outfits; the Major had a hand grenade in his hand and was playing with the grenade, tossing it from one hand to the other, threatening Khan that the hand grenade could be detonated if Khan were not to agree to continue his previous work of supplying arms to terrorists.

According to the shopkeepers and eyewitnesses, amidst the threats, the hand grenade fell from the Major’s hand, landed on the floor, and exploded. The Major ended up seriously injured. The soldiers panicked and began pointing their guns at the crowd, intending to shoot people. The injured Major, however, asked his soldiers not to shoot the people, telling them that the grenade had fallen from his own hands. The Major later died, either in hospital, or on his way there.

In response, the Military have arrested Mr. Khan and his son for “martyring” the Major and injuring 10, including six soldiers who were there with Major. The father and son have been declared as the Taliban terrorists.

Given the background to the incident, the Inter-Services Public Relations (ISPR), the pubic relations wing of the Military, took two to three days to come out with its official statement, and even when ISPR did so, it came out with different versions. The Military spin-doctors have been at work trying to mask the true story, and the versions they have given are curious.

The Daily Pakistan included the following in their news report: “An army major was killed and six soldiers were injured after a roadside bomb exploded during a search operation in South Waziristan Agency on Tuesday, Inter-Services Public Relations (ISPR) reported”.
Dawn had a different version of events:

“A statement issued by the Inter Services Public Relations said Major Imran had ‘embraced shahadat’ and six soldiers suffered injuries when an improvised explosive device went off during a search operation in Wana Bazaar. According to officials, army and paramilitary forces cordoned off the area to search shops for arms and ammunition as local authorities had imposed a ban on their sale and purchase in the agency. The explosion took place in a shop belonging to one Khan Kharoti, killing Major Imran on the spot and injuring the six soldiers”.

The Frontier Post conflated the death with that of another in this way:

“Major Imran was killed during a cordon search operation in South Wazirstan Agency’s Wana area. Last week, an army officer was killed and another was critically injured after falling into a ditch on the Motorway near Hazro, ISPR said. The deceased was identified as Lt. Colonel Shahid whereas Major Jalal sustained serious injuries when they were going back to Nowshera from Rawalpindi in a military convoy. At around 8PM, the officers climbed off their vehicle as the routes were blocked with containers. Owing to darkness, they both fell off the road edge into a ditch along the Motorway. Lt Colonel died on the spot while Major Jalal was immediately shifted to the hospital”.

Even, the Army Spokesperson was not clear how Major Imran was killed in an improvised explosion device (IED) blast. All indications point to how the Army wants to hide the facts and mask the real reason behind the hand grenade blast.

After two days of his killing, the Army declared Major Imran as martyred. The Military then wanted to show residents of Wana, South Waziristan, and indeed the whole country, that they know how to take revenge for the killing of an officer, and this set up the Army’s need to bring the Market down.

On November 2, Military had called a Jirga, a council of tribals, which is a legal forum in FATA. It was at this time that the factual news about the killing of the Major went viral.

The Military officers insisted that the Mirza Alam Market, Rustam Bazzar Wana be demolished and they refused to make any conciliation. The political administration, under the Governor appointed by the President of Pakistan, tried to pacify the Military men and prevent such a harsh action. However, the Military were determined to blow-up the business center.

The Military took power from the Jirga, under an Article of the Collective and Territorial Responsibility of Frontier Crime Regulation of 1905, amended in 2011. Army persons, arrived in jeeps, and announced to all the shopkeepers that they should vacate the market, as the Army would soon dynamite the whole business center.

On November 3, a curfew was imposed throughout Wana City. Over 6,000 shops and more than 500 commercial establishments were shut down. The Army installed dynamites all around the building and quickly detonated the dynamite. The two-storied building, with 150 shops and other commercial structures, caved in. At that moment, the Army raised slogans of long live Pak Army, love live Pakistan, and Allah-o-Akbar (God is great).

Mirza Alam Khan Wazir, ex-Chief of the Ahmadzai Wazir tribe, who founded the business centre bore the brunt of deadly attacks from terrorists during his lifetime. In 2003, his eldest son Farooq Khan Wazir was killed by Al-Qaida and Taliban militants for opposing them and running a renowned Amn Jirga, i.e. a “Peace Jirga”. When killed, Farooq was sitting outside his gas station, which was also demolished by the terrorists. Later, the terrorists claimed responsibility of killing Farooq Khan. Despite this, Mr. Mirza, continued to clean up Waziristan, particularly South Waziristan, from Taliban and Al-Qaida. In 2005, Taliban and Al-Qaida attacked Mr. Mirza in Wana and killed him, along with his two sons, two brothers, three nephews, who had come there to visit him; in total nine people were killed by the terrorists in this one incident. The family members say that anyone can understand who was behind the terrorists; it is those who have nurtured and organized terrorists for decades that are behind such killings of peace activists.

This was the time of the military government of General Musharraf who has become a good friend to the international community after 9/11 by offering his insight into how to deal with terrorists, particularly Osama Bin Laden.

Getting and confirming information from South Waziristan is not the easiest task as there are many military check posts and hide-outs of terrorists; even journalists are not allowed to go to the affected areas where military claims to be killing terrorists. The FATA does not come under the provincial government of KPK and is also not under the oversight of Parliament; it is governed directly under the President and the Governor of the Province is in charge. It is also said that in Wana many innocents have been killed by terrorists and by law enforcement agencies, especially those who dare report to the Pakistan government about terrorist movement.

The Asian Human Rights Commission (AHRC) urges the international community, particularly the Human Rights Commission of UN, to probe the killings of citizens of South Waziristan in the name of military operation, Zarb-e-Azb. The international community must put pressure on Pakistan to stop Zarb-e-Azb till the actions that are being taken in the name of counter-terrorism become transparent.

In this specific case, the government of Pakistan must pay compensation for the demolition of the business center, which would have been valued over Pak Rupees 200 million, and also compensate losses of the traders whose shops have been destroyed.

(Note: The information in this report is collected from, President, FATA Commission of Human Rights, Ali Wazir, the tribal chief of Ahmadzai, as well as eyewitnesses and peace activists from WANA.)

Document Type :

Statement

Document ID :

AHRC-STM-169-2016

Countries :

Pakistan

Issues :

Fabrication of charges, Inhuman and degrading treatment,Institutional reform, Military, Rule of law, Terrorism and human rights, Threats and intimidation, Torture

FR Peshawar-FATA dwellers want action against administration for biased decision

http://www.thefrontierpost.com/article/383780/fr-peshawar-dwellers-want-action-against-administration-for-biased-decision/

F.P. Report
PESHAWAR: Residents of Rajmir Khel tribe of Frontier Region (FR) Peshawar have asked Khyber Pakhtunkhwa governor, additional chief secretary Fata and federal minister for SAFRON to take action against political administration of FR Peshawar for forcibly expelling Rajmir Khel tribe over a monetary dispute with opponent party.
Zar Ali Khan Afridi who is president of Fata Commission of Human Rights and resident of Jankor Hassankhel of FR Peshawar told media in Peshawar that there was a money dispute between Israr Afridi of Rajmir Khel and Awa Khan Afridi of Ghazi Khel since long. However, after some time the quarrel among them resolved via tribal Jirga, he said and adding that Israr Afridi has fled away from his area and he is absconder.
Mr Afridi further said that Awa Khan of Ghazi Khel took this opportunity as a blessing in disguise and lodged an FIR with Assistant Political Agent Tariq Khan once again. Political administration took action over FIR and formed a tribal Jirga comprising of two tribal elders from same area who submitted a detailed report to assistant political agent, he stated.
According to report, the Rajmirkhel tribe was made as scrape goat and Awa Khan of Ghazi Khel was supported as he is an influential personality in the area. The Jirga members are accused of taking side of a party and they had taken money as bribe from rival party to turn their decision against Israr Khan of Rajmir Khel, he informed. 
The political administration is said to be implementing its verdict against a particular tribe namely Rajmir Khel for committing crime but in fact no one in this said tribe is involved in crime, he said and adding the alleged man Israr Afridi has already left the area. It is believed that if biased decision was implemented, hundreds of thousands of tribal families including women and children would be greatly suffered. 
He further said they have will have to leave their homes and villages because they will have no alternate either to pay back money or leave area. The latter is an option because this tribe is impoverished. Their only crime if there is any will be that they belong to a tribe of Israr Afridi who had money dispute with a person of another tribe which has already been resolved, he described.
People who are victims are punished on the basis of collective responsibility clause of infamous and inhuman draconian regulations of 1901 called Frontier Crimes Regulation or simply FCR. But Political Administration of FR Peshawar is quite ignorant about the fact that this regulation has already been amended in 2011 by then government of Yousaf Raza Gillani Prime Minister of Pakistan from Pakistan Peoples Party.
He urged relevant authorities to take notice of injustices made by administration officials with a particular tribe and punish those who are involved in the practice. According to amended FCR no person can be arrested over the sin or crime of another person of same tribe.
If the relevant tribe was affected, the the present political administration will violate all national and international laws, conventions, covenants, declarations and the Constitution of Pakistan 1973 which protects all basic human rights of women and children in particular, said Zar Ali Khan Afridi. 

Joint Opinion of the The Pakhtunkhwa Civil Society Network (PCSN), Tribal NGOs Consortium (TNC), FATA Commission of Human Rights MEN UNiTE,EVAW/G Alliance KP and FATA & and Active Citizen Forum (ACF) on the Regulation of Foreign Contribution Bill, 2015

Preamble:

The Economic Affairs Division (EAD), Government of Pakistan issued a notification dated 28th November 2013.  Prior to this Economic Coordination Committee of the Federal Cabinet approved a policy framework for regulation of non-governmental organizations (NGOs) receiving foreign contributions on 21^st November 2013 in relation the foreign contribution.

Civil society networks across Pakistan expressed their serious concerns on the proposed Regulation of Foreign Contributions Act 2014 bill. Civil Society of Pakistan believes that the past decade, in particular, has been a period of exponential growth of Non-Governmental organizations (NGO) in Pakistan. NGOs have grown in both numbers and range of activities and in positive response to the challenges and opportunities of reducing poverty, promoting human development and strengthening democratic governance in the country. Across the broad spectrum of life, NGOs have initiated projects in aid of marginal and deprived groups in rural and urban communities and participated in other programmes aimed at promoting social change and development in country they operate in fields such as health, education, rural and urban development, environment, population and social welfare. NGOs are also involved in employment creation, micro-credit/financing, economic development, skills training, gender awareness and action, peace and human rights, informal economic activity, anticorruption, poverty reduction and advocacy on policy reforms.

The civil society of Pakistan greatly value the principles of transparency & accountability and consider these elements as building blocks of a democratic society. A large number of civil society organizations actually compliment the work of state organs through various means. Millions of volunteers are working through these organizations contributing towards poverty alleviation, enhancing literacy, health services and other social sector assistance. These organizations reach out to remotest parts of the country where people are deprived of basic civic services. Additionally, the civil society has been fortifying democratic process through mobilizing masses for their participation in democratic process through a range of initiatives

The civil society appreciates that Govt is listening to the suggestions of civil society however in a situation where Pakistan is passing through most difficult challenges of the history it will not be wise to bring any such legislation without a comprehensive consultative process.

Consultative Sessions were organized in Sindh, Punjab, Baluchistan, Khyber Pakhtunkhwa and Islamabad by Pakhtunkhwa Civil Society Network (PCSN), Tribal NGOs Consortium (TNC), Pakistan Civil Society Forum (PCSF),Insani Haqqoq Itehad (IHI). Pakistan Development Alliance (PDA) and several others to discuss the content and implications of the proposed legislation and the notified policy.

Following are the compilation of the major concerns and recommendations of Civil Society organizations and networks across Pakistan:

Major Concerns on the proposed legislation:

§  The proposed law is violation of United Nation’s human rights Council Resolution (A/HRC/202/1-13) adopted on March 21, 2013 which specifically bars restrictions on CSOs for accessing foreign funds.

§  NGOs in Pakistan are civil society organizations that are formed independently of the State but register voluntarily under specified laws in order to gain official recognition to pursue purposes that are not self-serving but oriented towards public benefit. Such registration qualifies NGOs to access public development funds, be it from external donors or Government and/or benefit from tax exemptions and account for their usage in their operations in the non-profit sector. The proposed legislation will negatively impact the access to funding specially for small and medium organizations.

§  The Bill misleads and prejudices by insinuation; as if NGOs had a free hand. The Bill seeks government powers (as if it didn’t have them already), to “inspect” accounts or records on any grounds of suspicion. While already regulatory laws are present. NGO should not be without regulation. However the form of regulation should be such that it does not lead to silencing of diverse perspectives or types of work. The current policy is flawed and will lead to problems.

§  The very process adopted for developing such a policy and law is completely devoid of stakeholders’ involvement. Civil Society Organizations’ were not adequately consulted. Leading organizations and individuals of CSOs were neither consulted nor was any draft document shared to seek their inputs.

§  National NGOs and other civil society organizations, supported by international funding agencies mostly work in remote areas of Pakistan. After 18^th amendment, provincial governments have greater role in observing and guiding their work as per their priorities. This policy and the law have a centre-oriented character and it actually infringes in the domain of provincial governments.

§  Non-governmental organizations are adequately regulated through existing laws In the presence of the existing financial accountability and reporting mechanisms, the rationale and need for another supra regulatory mechanism is entirely unnecessary leading to confusion.

§  The draft law talks more about penalties and less about incentives for NGOs to register under this law. Some of the provisions of the Policy and the draft law enable security apparatus to use iron-fist against civil society.

§  The policy is an attempt to reduce the space of the civil society that will eventually lead towards shrinking space for pro-democracy institutions in Pakistan. It is most probable that the space snatched from civil society through such attempts will be captured by radical and extremist groups.

§  The scope and terminologies used are very vague and broad. Organizations (NGOs or INGOs) are not against disclosure of information on funds or any other foreign contributions but the methods suggested and the excessive powers given to government functionaries will not serve any purposes.

§  Subjective and mystified phrases used in these documents will pave the way to strangulate civil society organizations. The recommendations on Foreign Contribution Bill 2013 submitted and shared by the Securities and Exchange Commission of Pakistan (SECP) reads

“ (b) the foreign contribution or aid to be received and the proposed project is not likely to affect prejudicially:

                                   i.             The sovereignty and integrity of Pakistan; or

                                 ii.            The security , strategic or economic interests of the state; or

                               iii.            The public interest; or

                                iv.            Freedom or fairness of election to any legislature; or

                                  v.            Friendly relations with any foreign state; or

                                vi.            Harmony between religious, racial, social, linguistic, regional groups, castes or communities; and

   (c) The acceptance of foreign contribution shall’—

                             i.            Not lead to incitement of an offense

                           ii.            Not endanger the life or physical safety of any person.”

Such subjective clauses can easily be manipulated at the whim of any individual and can be used as a tool of arm-twisting of civil society organizations.

§  The proposed legislation gives a tool to the federal government to control independent voices and NGOs in Pakistan. The Govt should get the required information on foreign funds and expenditures from the relevant Registration Authorities rather than creating a new mechanism.

§  The issuance of policy notification for regularization of NGOs receiving foreign contribution shows that government is in extra ordinary hurriedness to enhance the unlawful control over the already registered national Organizations by signing through another MOU with GOP.

§  Some of the clauses in the proposed Bill/ regulations are contrary to the international bindings and constitutional rights of the citizen for the formation and running NGOs/ CSOs in the country.

•      The overall environment in the country is already punitive to the working of NGOs and civil society voices, and the proposed legislation/ regulations would further instigate the undesirable actions against NGO/civil society, therefore any new legislation / regulation if required may be very carefully initiated.

•      The notified policy and the proposed foreign contribution bill 2014 will very negatively affect the already draining funding situation for medium and small size NGOs.

•      NGOs are responding to the needs of the grassroots with relative speed and flexibility, the proposed legislation will affect their ability to mobilize resources.

•      The Bill is draconian with Gestapo-like powers, arbitrary and selectively usable. NGOs’ are concerned that: Government officials tend to make statements that question their:

•      “Status” as autonomous civil society organizations

•      “Identity” as credible actors in the non-profit sector

•      “Right” to participate in the formulation of social and economic policies, not merely in the implementation of government programmes, and to advocate change

•      Government takes more interest in regulating them in a manner that controls their operations and undermines their autonomy than promote their self-regulation and growth

•      Lack of prior consultation with NGOs on the making of policies or decisions that affect their operations

•      Relevant registration authorities have not kept proper documentation of NGO activity reports and have no mechanism of disseminating information on NGOs to the public and appropriate authorities

•      Government overlooks the problem of inadequate financial support for NGOs and the need to assist them to build their operational capacities and provide information to facilitate development planning.

•      NGOs strongly feel that the proposed legislation and NGO policy will negatively affect:

§  Right of association and assembly

§  Ability for form and operate a civil society organization

§  Freedom to join and participate in a civil society organization

§  Freedom to create coalitions and partnerships with other organizations

§  Ability to raise funds

§  Ability to donate free of harassment or intimidation

§  Privacy for organization and its members, including membership lists and internal communications

§  For humanitarian organizations, the ability to operate according to international humanitarian law.

§  Freedom of expression

§   To petition the government for redress of grievances

§  Uncensored communications to the public regarding matters of concern

§  To rally and gather in public places

§  Participation in the voting process and other accountability processes

§  Many NGOs do rights-based work, seeking reforms in both the laborious and unsatisfactory justice system, and the constitution which is still not clear-cut after 66 years. In the bargain, they expose government wrongdoings and violations of human rights, for which redress and reform are demanded. ‘Elected’ governments have seldom appreciated that. Most have stubbornly refused to upset the status quo. The Bill would effectively silence dissent.

§  Pakistani NGOs are very strong and capable of undertaking most of the work that is done by INGOs. Unless an INGO or a foreign national can provide Technical assistance that is not available in Pakistan it should only be allowed to direct it’s funding to an NGO, not set up its own offices and network. This leads to a waste of funds, issues of security, and takes away from the pool of global funds available for local NGOs.

§  Pakistani NGOs are working to enhance the national development assets as they mobilize financial, material and human resources at local and external levels in support of social and economic development that adequately includes the needs of grass root communities -urban and rural. The proposed legislation and Govt polices will negatively impact this spirit.

Recommendations for Govt

§  The Government should seeks to forge a strategic partnership with NGOs and other stakeholders operating in the ‘non-profit sector’ in order to achieve its long-term development goals. The government should enforce existing laws / regulations in letter & spirit to manage the gaps / challenges if any to control and regularize the NGOs in the country rather than introducing such vague and unwelcoming legislation/ regulations in hast.

§  The new legislation / regulation should not be to direct human rights / developmental /humanitarian NGOs regarding their funding flows / selection of operational areas/ partner organizations rather the new legislation/ regulations should be to separate the registration of religious groups / Madaris under special laws other than the five existing laws.

§  The Government should recognize NGOs as legally registered entities that play legitimate roles in national development and democratization of the country.

§  Local NGOs will remain on the ground serving their communities long after INGOS are gone or have shifted priorities. We should urge the Govt to regulate INGOs separately, not allow them to set yup programs here that replicate what local NGOS are capable of doing.  A number of countries utilize this principle, to enhance the profile, capacity and work of their local organizations. Otherwise the midsize NGOs could well have established offices in different EU and US/ UK regions.

§  In pursuit of its mandate and responsibilities for national development, the Government shall promote “durable partnerships” with civil society organizations so that their enormous potential as agents of social change and development can be fully realized.

§  The Mechanism of definition, classification, registration and taxation as well as the funding and accountability of NGOs already exists. Govt should revisit it polices and strengthen these existing mechanisms.

§  The language and content of this proposed legislation is not broad enough to accommodate the concerns of the multiplicity of stakeholders who are not only interested in promoting sustainable and equitable national development but also strengthening participatory democratic governance in Pakistan.

§  The Govt of Pakistan  must :

                                I.            Recognize the role of NGOs as strategic partners in national development and democratization.

                              II.            Create an enabling legal, institutional and democratic environment for NGOs to operate and contribute effectively to national development

                            III.            Establish  a framework for consultations on issues that affect the effective governance of NGO activities in the non-profit sector and how to resolve them

                            IV.            Make efforts to promote collaboration between Government, NGOs and other stakeholders to improve relations and enhance the pursuit and attainment of individual and collective national development goals.

§  The non-profit sector has become a prime area of ‘donor investment’ in social goods, equal opportunity and poverty reduction programmes, and offering employment opportunities to several thousands of people. Although the lack of data makes outright determination of the exact size of the sector difficult, it is widely perceived to be contributing to economic growth and social development. NGOs are prominent actors in the not-for-profit sector, joining other civil society organizations and groups, donors, corporate firms and state institutions to promote sustainable national development. Govt national polices should facilitate the effective operations of NGOs and other civil society organizations in the public not-for-profit sector.

§  Govt of Pakistan shall: endeavor to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity and accountability as enshrined in Constitution of Pakistan.

§  The State shall enact appropriate laws to assure –

                                  I.            The enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from state interference and to use them to promote and protect their interests in relation to development processes; rights of access to agencies and officials of the State necessary in order to realize effective participation in development processes.

                                II.            Freedom to form organizations to engage in self-help and income-generating projects; and freedom to raise funds to support those activities.

                              III.            The protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.

                              IV.            NGOs in Pakistan differ in activities, structure, organization, resources, leadership, membership, ideology and aspirations. Without appropriate system of classification any such legislation will be destructive for the nonprofit sector and will ultimately inversely effect the poor and vulnerable population of Pakistan served by these NGOs.

§  In the best interest of Pakistan, Government shall support philanthropy, fund-raising and grants by international donors to sustain effective and efficient operations of NGOs in the long term. Individuals, groups, and corporate firms that contribute to this cause shall be granted tax relief.

§  The Govt polices towards NGOs shall be guided by international human rights instruments which recognize and apply particular categories of basic human

rights to development processes and should encourage donors to continue assisting and supporting the activities of NGOs in conformity with the national policy and targets.

§  The Govt should devise a mechanism to Inform NGOs of new policies and procedures, particularly at the developmental stage and their implications for the non-profit sector through the respective registration authorities and ask them to consult NGOs on issues that are likely to affect the non-profit sector allowing reasonable time periods for response and taking into account the need for organizations to consult their stakeholders.

§  Take account positively of the specific needs or interests, and contributions of those parts of the non-profit sector representing women, disabled persons, and other minority groups.

§  The Govt departments should respect information provided by NGOs in the non-profit sector (within the constraints of confidentiality, the law, and proper performance of public duties) and should provide easy access to information, which NGOs need to use in their day-to-day activities.

§  Govt of Pakistan stated that India enforced a similar law to monitor foreign funding because of allegations of being used for sabotage. If that is the case, Govt of Pakistan should focus on obvious and suspect groups using an NGO façade, instead of penalizing all NGOs to paper over government failures.  

§  The intent of the government for bringing new legislation and regulations is ambiguous and requires detailed discussions to build understanding among all concerned stakeholders, therefore the government should immediately stop further  working on  such legislations/ regulations  and form a  joint committee of all concerned stakeholders to see the needs / draw the guidelines for new legislations / regulations (if required at all) apart from existing laws/ regulations.

§  Govt and relevant line departments should make effort to create an enabling environment for building “co-operative relationships” and, possibly, “durable partnerships” between NGOs and the Government of Pakistan.

Recommendations for the NGOs sector:

§  NGOs and Civil Society Organizations (CSOs) should improve relations and collaborations among each other so that they can collectively articulate, debate and promote their collective views on national development policies.

§  NGOs network must strengthen themselves and must collaborate with Govt to strengthen their representation in national policymaking especially in relation to development sector.

§  Strengthen dialogue and regular interactions between NGOs and other stakeholders at all levels of national and local governance.

§  Develop a database on activities and achievements of NGOs that would be accessible to the Public and Govt.

§  Explore avenues for increasing interaction and dialogue with government authorities which can contribute in a healthy State-NGO relationship.

Recommendations for everybody:

§  More dialogue is needed.

§  Include voices of many different advocates in a forum where they can speak freely.

The Pakshtunkhwa Civil Society Network (PCSN), Tribal NGOs Consortium (TNC),MEN UNiTE,EVAW/G Alliance KP and FATA & and Active Citizen Forum (ACF)  requests to become the part of any related discussions/meetings in future about the  proposed Regulation of Foreign Contributions Act 2014 bill.