NCHR writes open letter to PM on Jaranwala incident

Islamabad:In an open letter written to Prime Minister in the wake of Jaranwala incident, the Chairperson National Commission for Human Rights (NCHR) Rabiya Javeri Agha has called for an implementation audit of the Justice Jillani Judgement of 2014 from all federating units. The judgement is a substantive document that sets in place important provisions for the protection of religious minorities including requiring the setup of a 3-member bench to ensure its operationalization.

The letter expresses concern over a surge of approximately one million social media posts targeting minority community with hate and inflammatory content after the Jaranwala incident. It says that according to a Sentiment Analysis by NCHR and B4A, majority of the posts on twitter and Facebook contained content that was inciting and inflammatory in nature. “It is of concern to NCHR, that 60 per cent of bonded labour in Punjab comprises Christian workers and that 80 per cent non-Muslims are employed in low paid and sanitation work and that systemic discrimination against religious minorities is embedded in the socio-political landscape of Pakistan. This discrimination starts from childhood, continuing into adulthood as minority members struggle to join the workforce, participate in politics, claim basic rights of citizenship, and practice their faiths without fear or intimidation,” says the letter.

The NCHR’s letter has urged the government to address long term challenges arising from extremism and intolerance in society especially against those actions that violate Article 20 of the Constitution of Pakistan- ‘Freedom to Profess Religion and Manage Religious Institutions’. The letter demands that the government machinery be deployed to speedily investigate the incident using latest technology; geo-fencing, CCTV cameras etc. (similar to that used in the May 9th investigation) to gather evidence for prosecution.

It recommends that the state, as a party to the prosecution, shall assist the courts for early dispensation of justice and follow-up on the later stages of appeal till convictions. The letter also calls government to consider setting up an independent Tribunal or JIT to enquire into the incident and establishing of systems of accountability to facilitate and improve investigation. “This may be achieved either through District Criminal Justice Coordination Committees formed under the Police Act for instance, or a statutory committee that specifically monitors cases of religious minority communities,” it mentions while urging provincial government to immediately fulfill its promise to compensate affected Christian families and start early rebuilding of damaged properties, especially Churches.

The letter further recommends the Prime Minister initiating a national programme to curb growing extremism and the de-radicalisation of youth, starting with Faisalabad Division and implementing legislations and policies that address dangerous speech and online harassment, ensuring that they adhere to international human rights norms and standards, and effectively deter future instances of hate speech while respecting freedom of expression The NCHR also demands close revisit of the Single National Curriculum through nationwide consultations with religious minority groups so as to remove apprehensions and create emphasis on human rights and citizen’s responsibilities for a more tolerant and responsible society besides strengthening and capacity building of Peace Committees and local police on dealing with tense situations such as that of August 16th.

Following the rampage and burning of churches and homes in Jaranwala, Faisalabad on August 16th 2013, a team led by the Chairperson NCHR, Members minorities and Punjab visited the area to meet with district administration, religious leaders and families affected by the terrible attacks. The team was informed that a mob of approximately 1200 persons, majority of them youth, attacked and destroyed seventeen churches, approximately 80 homes of which 40 were completely gutted and the remaining badly vandalized.

“The level of devastation at Jaranwala is enormous, Besides the economic costs that will arise in repair and rehabilitation, the psychological consequences to an already weak and discriminated community will have long term impacts on the feelings of helplessness felt by our Christian brethren,” states the letter while condemning the mob violence in the strongest terms. The letter expresses concern that the mob riots and vigilante actions have grown exponentially over the last few years. “Despite establishment of comprehensive legal and institutional framework for promotion and protection of human rights, such acts of violence against religious minorities pose serious questions regarding implementation and role of duty bearers.”

The letter says that analysis of criminal case-files of minorities’ parties demonstrates numerous problems plaguing police investigations such as delays, arrests without probable cause, proceedings in flimsy cases etc. Additionally, a comprehensive assessment of attitudes of administrative and justice sectors reveals a lack of knowledge of specific laws relating to religious minority communities as well as an in-group vs. out-group mentality. The Commission acknowledged action by the Commissioner Faisalabad which averted loss of life. It appreciates high level public condemnation of this incident, as well as the commitment of the Punjab Government. “However, it is now time to look at long term investment in the protection and uplift of Pakistan’s minority communities,” mentions the letter. The letter says that the Commission, in its independent capacity, will continue to review safeguards provided by or under the Constitution of Pakistan.