Parliament failed on missing persons issue: Rabbani

ISLAMABAD: The issue of missing persons was once again raised in the Senate on Tuesday when Hafiz Hamdullah pointed out the disappearance of a member of CII along with his staff in Quetta a few days ago. Senate Chairman Raza Rabbani said parliament has failed on the issue of missing persons.

Taking part in the discussion, Senator Babar said that the issue of missing persons will continue to dodge us as long as there is no law to rein in the state agencies. He said that the Supreme Court, the Commission on Enforced Disappearances, the Senate and now the National Commission on Human Rights all had asked for legislation but to no avail. Is it because that those responsible are more powerful than all these state institutions combined?

Babar said, “Because of lack of legislation we have been groping in the dark to trace the missing individuals but not able to trace the detention centers, prevent disappearances and punish those responsible”. 

The Senate also initiated a debate on the address of president to the joint-sitting of parliament on June 01.  The Law and Justice Minister Zahid Hamid laid an authenticated copy of the president’s address as required under the Constitution.

Opening the debate on the presidential address, Senator Farhatullah Babar of PPP deplored that the address was silent about the critical issue of reforms in tribal areas, a subject of the presidency alone, and Presidential claims of non-proliferation were soon mocked by General Musharraf.

He said that the meeting last week in the PM House on FATA raised several questions than it answered and asked for bringing the reforms package before the Parliament. Babar said that neither it was mentioned in the press statement of PM House about jurisdiction of superior courts in Fata nor of the law replacing the draconian FCR. It mentioned the creation of a new post of Chief Operating Officer (COO), he said and expressed apprehension that sooner or later a general will be appointed as was proposed in the now aborted package of Chief Executive to be filled by a grade 22 civilian or military officer.

In the presence of a uniformed officer as COO both the Government House and President House will become redundant as the locus of power will shift to Rawalpindi further militarizing the tribal areas, he said adding there will be no supremacy.

Rabbani said next week a meeting of the Committee of the Whole on FATA Reforms would be convened and he asked the Senator to raise the issues then at which Minister SAFRON will also be present to give replies.

Senator Babar then spoke on the remarks of President Mamnoon Husain on nuclear proliferation. He said that he welcomed the President's remarks that Pakistan believed in non- proliferation and was entitled to a seat in the prestigious Nuclear Supplier Group (NSG).

However, the supreme commander's categorical statement on non proliferation and expression of pious hopes to enter NSG was soon contradicted by a retired General Musharraf in London, who claimed that tons of nuclear material had been clandestinely shipped to North Korea, Iran and Libya and that it was done by just one individual.

He wondered, “Who will now trust Mamnoon Hussain's claim of non-proliferation and who will agree to give a seat to Pakistan on NSG, the foremost condition for which is impeccable record of non-proliferation”.

By regurgitating an old and almost forgotten story, whipping a dead horse and publicly contradicting the supreme commander, he said, General Musharraf has done irreparable damage and demanded action against him. Musharraf has also mocked at the notion that the President indeed is also the supreme commander.

Senator Babar said that no progress had been made in the development of a national narrative to reject the militants' extremist narrative, as militancy cannot be fought with weapons alone.

Universities and seats of higher learning were now infested with extremism and militancy and there is need for urgently developing a national narrative to counter it and proposed that the issue be discussed in Senate Committee of the Whole to which all stake holders should also be invited.

Leader of Opposition Aitzaz Ahsan called on the government to place before the House facts regarding ex-interior minister Chaudhry Nisar Ali Khan’s claim that Pakistan’s sovereignty was at stake.Senator Aitzaz expressing concern over Nisar’s statement, who had said that sovereignty of the country was facing a serious threat and only five people that included him (Nisar), former prime minister Nawaz Sharif, former army chief Raheel Sharif and two other military officers were aware of that.

Aitzaz maintained that Nisar had made the shocking revelation twice and in his last interview, he said the incumbent Prime Minister Shahid Khaqan Abbasi was also unaware of the threat, which was quite worrisome as it was matter of the country’s sovereignty.

He emphasised, “We want somebody from the government to brief the house. The level of threat according to the former interior minister is so serious that it should be in the notice of Senate chairman, the leader of the house and the leader opposition in Senate”.

To this, Chairman Senate Mian Raza Rabbani said that if the sitting prime minister was unaware of the secret report, what to talk of chairman Senate, the opposition leader and the leader of the house.

Rabbani said that he had taken notice of the former interior minister’s interview, who said it twice. He added that he would let the House know about it as to whether it could be appropriate to discuss  the issue in the committee of the whole or summon the interior minister to give a briefing to the House on it.

PPP Senator Sherry Rehman demanded compensation for some 42 detainees, who were recently released from US custody in Bagram Prison in Afghanistan and repatriated to Pakistan. Raising the matter on a point of public importance, she deplored what she called US ‘highhandedness’, which could not prove anything against the prisoners despite keeping them in its custody for the last several years, and released them without any compensation when they were almost crippled.   

“I’m not aware of the exact number but I think some 42 prisoners have recently been released from Bagram prison by US forces. They could not do any job as they’ve almost been crippled,” she regretted.

She pointed out that the families of the victims were in trouble as they have nothing to live an honourable life, but neither US nor Pakistan governments have given them any compensation after they were proven innocent which is absurd. The senator criticised the US for its highhandedness and for not giving any compensation to the detainees after they were proved innocent, adding the government of Pakistan, also paid no attention to such people who are wrongly prosecuted.

Sherry said that the government should compensate the detainees who have released through Civilian Victims Act, adding any delay in rehabilitation and compensating the victims will certainly help the non-state actors to exploit these helpless people.

Rabbani referred the matter to Senate Functional Committee on Human Right to look into the compensation issue to the victims and report back to the House within one month. Meanwhile, the Senate passed ‘The Corporate Rehabilitation Bill, 2017’ to ensure rehabilitation and reorganisation of distressed corporate entities. The bill was moved by law and justice minister Zahid Hamid on behalf of finance minister Ishaq Dar, which was unanimously passed by the house.

PPP Senator Saleem Mandviwala, who is chairman of the Senate standing committee, said it was his brainchild initially, which the government later snatched by introducing its own bill, but he had no objection over the bill after his amendments were incorporated. 

According to statement of objects and reasons, the existing institutional arrangements and legal process for revival and rehabilitation or distressed companies arc both inadequate and lime consuming.

Efforts in the past have been made largely on creditor friendly recovery laws which resulted in imbalance of legal remedies for rehabilitation of debtors. Therefore, a comprehensive legal framework is now urgently needed to rehabilitate the distressed companies and businesses in the country.

The Bill provides an equal opportunity to the companies and its creditors to come up for the rehabilitation proceedings of the companies before the High Court(s). The Bill requires submission of rehabilitation plan before the High Court.

The Bill further provides that rehabilitation plan will be mutually agreed upon by the shareholders of the companies and their creditors. In this regard the High Court shall appoint insolvency experts who will undertake mediation between the companies and their creditors for determination of liabilities towards the creditors.

The specialized features and unique requirements of Corporate Rehabilitation Bill necessitate the promulgation of an independent and comprehensive piece of legislation.