Executive Summary
The 20-point National Action Plan to Counter Terrorism adopted
by an All Parties Conference chaired by the Prime Minister of Pakistan on January
2, 2015 serves as the landmark consensus blue print for combatting terrorism
and violent extremism in Pakistan. The 20-point NAP has been described, both
by the civil and military leadership, as the most important road map for the
struggle against terrorism in the country. The NAP is also significant because
it has the rare consensus of otherwise bitterly opposed political forces besides
the civil-military agreement. Both Civil and Military leaderships have repeatedly
expressed their strong commitment to implement the plan in letter and spirit.
Despite this assigned centrality to its importance, Federal
and Provincial Governments have not regularly made available a progress status
on the implementation of the NAP. While the NAP provides a broad framework of
action in its 20 points, a relative opaqueness seems to engulf the process of
monitoring mechanism on its individual points. While at the Federal level, the
National Counter Terrorism Authority (NACTA) has been assigned with the responsibility
to track progress, lately the Prime Minister also constituted an Implementation
and Review Committee, on August 15, 2016 under the convenorship of Lt. Gen (Retired)
Nasser Khan Janjua, National Security Advisor. In addition, apex committees
were constituted both at the Federal level and in the four Provinces to act
as the forums for civil-military coordination and to oversee the implementation
progress of the NAP. Despite these mechanisms in place, status of implementation
of the NAP across Pakistan's Federal and Provincial Governments remains unclear.
Perhaps, it is due to this vagueness that the pace and progress of implementation
has also been a subject of some divergent views among various stakeholders including
communication emerging from the Inter-Services Public Relations (ISPR) alluding
to the continuing dissatisfaction of the military leadership with the progress
of implementation of the NAP.
It is in view of the high importance of the NAP and questions
about its progress of implementation that PILDAT has undertaken a citizens'
initiative to monitor the progress of implementation of the NAP Pakistan. PILDAT
has sought the data on implementation status from Federal and Provincial Governments.
This Monitor depicts implementation status of NAP with a focus on Punjab while
developments across the country are also noted. Where focusing on Punjab, this
Monitor is largely based on data obtained from the Provincial Government of
the Punjab. By undertaking the monitoring of the progress on implementation
of the NAP and its public dissemination, PILDAT initiative aims to serve the
purpose of advocacy for effective implementation.
This Monitor, the first of its kind, assesses the status of
implementation of NAP in Punjab from the citizens' perspective so as to highlight
the necessity of Government's publicly sharing periodic status of implementation
of the NAP. We strongly believe that greater transparency and more frequent
public reporting on the progress of implementation will promote public confidence
in the Governments and their ability to effectively implement the NAP. We do,
however, concede that there may be areas of the NAP implementation which may
need to be kept confidential due to security reasons.
The implementation status of NAP in Punjab for January 2015
- December 2016 is shown in the table below using the traffic light system:
No.
|
Point
|
Implementation
Status as of December 2016 |
1 |
Implementation of death
sentences of those convicted of terrorism
|
|
2 |
Special courts under the
supervision of Army. The duration of these courts would be two years
|
|
3 |
Militant outfits and armed
gangs will not be allowed to operate in the country
|
|
4 |
NACTA, the anti-terrorism
institution, will be strengthened
|
|
5 |
Strict action against the
literature, newspapers, and magazines promoting hatred, extremism, sectarianism,
and intolerance
|
|
6 |
Choking financing for terrorist
and terrorist organizations
|
|
7 |
Ensuring against re-emergence
of proscribed organizations
|
|
8 |
Establishing and deploying
a dedicated counter terrorism force
|
|
9 |
Taking effective action
against religious persecution
|
|
10 |
Registration and regulation
of religious seminaries
|
|
11 |
Ban on glorification of
terrorist and terrorist organizations through print and electronic media
|
|
12 |
Administrative and development
reforms in FATA with immediate focus on repatriation of IDPs
|
|
13 |
Communication network of
terrorists will be dismantled completely
|
|
14 |
Measures against abuse
of social media for terrorism
|
|
15 |
Zero-tolerance for militancy
in Punjab
|
|
16 |
Ongoing operation in Karachi
will be taken to its logical end
|
|
17 |
Balochistan Government
to be fully empowered for political reconciliation with complete ownership
by all stakeholders
|
|
18 |
Dealing firmly with sectarian
terrorists
|
|
19 |
Formulation of a comprehensive
policy to deal with the issue of Afghan refugees, beginning with registration
of all refugees
|
|
20 |
Revamping of the Criminal
Justice System
|
|
Key
1 |
|
Green
: The implementation process has worked well. Some improvements are
needed. (Progress good)
|
2 |
|
Green-Amber
: The implementation process has worked relatively well. Improvements
should be made. (Progress satisfactory)
|
3 |
|
Amber-Red
: The implementation process has been relatively poor. Significant improvements
should be made. (Progress somewhat unsatisfactory)
|
4 |
|
Red :
The implementation process has been poor overall. Immediate and major
changes need to be made. (Progress unsatisfactory)
|
Status of Implementation of NAP in Punjab:
January 2015 - December 2016
Below is a summary of status of implementation of the NAP
in Punjab during the first two years, i.e., January 2015 - December 2016:
NAP Point No. 1: Implementation of death sentences
of those convicted of terrorism
The Federal Government, on December 17, 2014, lifted the moratorium
on the death penalty for cases related to terrorism. [1]
On March 10, 2015, the Government moved ahead to lift the moratorium on the
death penalty in all capital cases.[2]
Since then a total of 17 terrorists have been executed in Punjab. [3]
The shift of focus of the lifting of the moratorium on the
death penalty from specifically terrorism related cases to all cases created
a backlog of executions pending since the moratorium. This impeded the swift
dispensation of the death penalty for individuals convicted in terrorism related
cases.
The implementation process on this point, therefore, has been
relatively poor.
NAP Point No. 2: Special courts under the supervision
of Army. The duration of these courts would be two years
Military Courts were given the power to try civilian suspects
in terrorism related cases by the passage of the 21st Constitutional
Amendment and Army (Amendment) Act 2015 by the Parliament on January 6, 2015.
Ever since, 11 Military Courts have been set up in Pakistan. [4]
Out of these, 3 Military Courts are in Punjab.[5]
Until December 2016, Military Courts in Punjab have decided 4 cases in
which 8 terrorists were convicted, with some awarded the death penalty. [6]
All of these 4 cases have their petitions pending before the Supreme Court and
the Lahore High Court.
The low number of Military Courts in Punjab may be a reflection
of the relatively less need for Military Courts in the province owing to the
comparatively better performance of its criminal justice system as opposed to
other provinces. However, regardless the number of cases decided by these Military
Courts is still low.
Furthermore, the decision to extend the duration of Military
Courts after the expiry of sunset clause of two years reflects only partial
success and amounts to an earlier miscalculation of their required existence
under the NAP.
Progress on this point has been poor overall. Immediate and
major changes need to be made.
NAP Point No. 3: Militant outfits and armed gangs will
not be allowed to operate in the country
The Punjab Assembly has enacted four important Acts in this
regard. First, is the Punjab Vigilance Committees Act 2016, which, among other
things, provides for the constitution of local vigilance committees that shall
collect information relating to the activities of proscribed organizations and
dubious elements and submit report to the police and law enforcement agencies.[7]
Second is the Punjab Safe Cities Authority Act 2016 that initially applies to
the city of Lahore and may extend to cities that the Punjab Government notifies
in the official gazette. The Act sets up an Authority comprising the Chief Minister
Punjab as its chairman, which shall maintain and develop command, control and
communication centres and other related facilities, among other things.[8]
This system is aimed at improving policing in Punjab, along with increasing
and improving the means of surveillance.[9]
Third is the Punjab Arms (Amendment) Act 2015 in which the Government increased
punishment for possession of illegal arms or ammunitions. [10]
Fourth is the Punjab Information of Temporary Residents Act 2015, which lays
down mandatory provision of information of temporary residents by owners or
managers of the premises to the police. [11]
The order by the Punjab Government for Non-Government Organisations
to obtain an NOC from the District Government in order to collect animal hides
on Eid-ul-Azha in 2016 was an attempt to stop proscribed organisations from
freely collecting animal hides. [12]
In addition, measurable action has been taken against militant
outfits operating in Punjab with 769 persons arrested, 1238 detained, 169 convicted,
and 221 killed in intelligence based operations. These include the following
organizations with action in the form of either detention, arrests, or killing
in intelligence-based operations: [13]
i. Lashkar-e-Jhangvi
(LeJ)/ Sipah-e-Sahaba Pakistan (SSP): 90
ii. Ahle Sunnat
Wal Jamaat (ASWJ)/ SSP: 89
iii. Tehrik-e-Jafaria
Pakistan (TJP)/Majlis Wahdat-i-Muslimeen (MWM)/Sipah-e-Muhammad Pakistan (SMP):
54
iv. Hizbut Tahrir
(HuT): 07
v. Others: 13
According to media report of an allegedly leaked secret document
of CTD Punjab, 32 proscribed organizations with nine splinter groups are a 'nursery
of terrorism in Pakistan'. [14]
Hence, while action has been taken against some proscribed organizations, the
Punjab Government must provide explanation as to what action has been taken
against the rest, if any.
The implementation process on this point has been relatively
poor. Significant improvements should be made.
NAP Point No. 4: NACTA, the anti-terrorism institution, will be strengthened
The NACTA Act 2013 established the NACTA Board of Governors
with the Prime Minister as its chairman while it consists of the Minister of
Interior, Chief Minister of 4 Provinces, Director Generals of Inter Services
Intelligence, Intelligence Bureau, and Military Intelligence, among others.
[15] The Act states that the
Board 'shall meet at least once in each quarter of a year.' [16]
However, there have been no meetings of the NACTA Board of Governors till date
calling into question NACTA's functioning without the Board's approval of its
policies and operations. [17]
The NACTA Act also establishes an Executive Committee of NACTA, which has the
Minister for Interior as its chairman, but the Executive Committee has only
met once till date.[18]
While at the Federal level, NACTA was charged with the responsibility
of monitoring the status of implementation of the NAP, an overlap in these responsibilities
has emerged with the Prime Minister setting up the Implementation and Review
Committee in August 2016 under the leadership of Advisor to Prime Minister on
National Security, Lt. Gen. (Retd.) Nasser Khan Janjua. Other than the recent
unclear distribution of responsibilities over the NAP, the NACTA's role has
been limited to collecting and collating data relating to the implementation
of the NAP and circulating it with six agencies, one of those being civilian
while the rest military. The recent overlap has further limited the NACTA's
ability to collect data without its monitoring role leading to questions on
the reliability of provincial data being gathered at the NACTA.
The Joint Intelligence Directorate of the NACTA, announced
by the Federal Government with the aim of establishing a forum where civilian
and military intelligence agencies can come together and coordinate their operations,
apparently remains a pipedream. According to news reports, funds have been allotted
for its establishment, [19]
and the Minister of State for Interior Mr. Balighur Rahman announced in the
Senate that the Joint Intelligence Directorate would be operational soon. [20]
The implementation process has been relatively poor on this
point.
NAP Point No. 5: Strict action against the literature, newspapers,
and magazines promoting hatred, extremism, sectarianism, and intolerance
Data received from the Punjab Government for the past two
years shows that a total of 189 cases have been registered under hate material,
while 223 accused have been arrested. Meanwhile, 39 of the accused have been
convicted. Similarly, a total of 3 outlets have been proceeded against while
a 1600 CDs have been confiscated and 600 magazines and 4100 pamphlets were seized.[21]
While some action has been taken on this point in Punjab,
there is little evidence to suggest that this action qualifies as 'strict' and
it is deterring those who spread extremist literature.
The implementation process requires improvements on this point.
NAP Point No. 6: Choking financing for terrorist and terrorist
organizations
The legal provision for checking terrorist financing is contained
in the Anti-Terrorism Act 1997, which prohibits the opening of bank accounts
by proscribed organisations and individuals (individuals belonging to the 4
th Schedule of the Anti-Terrorism Act 1997 are deemed to be proscribed).
Moreover, the Anti Money Laundering Act 2010 provides the legal framework for
policing illicit financing.
As far as action on this NAP Point is concerned, the Punjab
Government has registered a total of 95 cases against alleged terrorist financiers,
arrested 125, and convicted 23 terrorist financiers.
However, deficiencies are reported in the approach of the
Federal Government towards addressing this issue. For instance, the manner in
which the Federal Investigative Agency (FIA) investigates terrorist financing
by analysing Suspicious Transaction Reports is an example of energies focused
on the wrong direction. Data obtained by the FIA, Lahore on information of accounts
on select Madrassas points to the reality that organizations allegedly linked
to terrorist organizations seldom use the formal banking channels to carry out
their financial operations. [22]
Furthermore, the whole process of the generation of Suspicious
Transaction Reports (STRs) by commercial banks that send these to the Finance
Monitoring Unit (FMU) of the State Bank of Pakistan, which then analyses and
synthesizes the STRs and decides whether to send these to the FIA or not for
investigation, has a fundamental issue. It is banks that remain the primary
reporting agency, and this makes the entire exercise deeply unreliable.
The issue, however, must also be analysed in the larger context
of the scale and extent of undocumented economy of Pakistan. Without the Government's
will and ability to effectively formalise undocumented economy in Pakistan,
tackling the issue of terrorist financing, which traditionally relies on informal
routes, will continue to remain a critical challenge.
These problems are evident in the data on the processing of
STRs by the FIA and their subsequent conversion into cases. Out of a total of
19 STRs sent by Finance Monitoring Unit of the State Bank of Pakistan to FIA,
only three turned out to be linked with terrorist organisations. Even among
these, only one ended up in the registration of cases. [23]
An important point to note among all of this is that only
the Federal Government can initiate proceedings that fall under the ambit of
the Anti-Money Laundering Act. Perhaps, if private complaints are also entertained,
detection of cases may improve.
The implementation process has been poor overall. Significant
improvements should be made.
NAP Point No. 7: Ensuring against re-emergence of proscribed
organizations
The legal provision of proscription of organization by the
Federal Government on an ex-parte basis is already contained in the Anti-terrorism
Act 1997, section 11(B). The condition given for the proscription of the organization
is that it should be controlled or acting on behalf of any individual or organization
that is proscribed under the Act. [24]
However, according to data available to PILDAT, out of the
24 organizations that have emerged as new faces of old proscribed organisations
over the years, 11 have been proscribed by the Ministry of Interior while two
are under watch by it.[25]
Implementation on this point is hampered by legal lacunas.
Agencies charged with implementing of this point believe that the law governing
this, i.e., the ATA, must be amended to criminalise all persons associated with
a proscribed organisation. The ATA must also be amended so as to bar any person
associated with a proscribed organisation from creating another organisation.
Another issue in this regard is the ineffectiveness of the
law governing registration of organisations, the Societies Registration Act
1860. The law requires to be strengthened so that Governments are able to maintain
a database of registered organisations with effective compliance of auditing
and reporting.
The implementation process has been poor overall. Immediate
and major changes need to be made.
NAP Point No. 8: Establishing and deploying a dedicated
counter terrorism force
The establishment of a dedicated counter terrorism force for
CTD Punjab took place prior to the formulation of NAP in 2014. [26]
A total of 1182 corporals have been inducted in the CTD in the past two years;
however, this number is still less than the sanctioned strength of 1500. Moreover,
modern equipment worth one billion Rupees has been provided. Out of the 596
cases registered in the CTD, the conviction rate is 53 per cent.
CTD Punjab has thwarted a total of 172 potential terrorist
threats while arrested 323 potential terrorists. [27]
Data shows that tangible progress has been achieved on this
point and CTD Punjab is now capable of conducting its own operations with the
use of this counter terrorism force. Raids and arrests by CTD Punjab have become
commonplace in Punjab.
The implementation process has worked well. Some improvements
are needed.
NAP Point No. 9: Taking effective action against religious
persecution
Religious persecution can be viewed in a number of ways including
overt acts of violence, systematic exclusion of religious minorities from the
means of upward mobility, and implicit means of ostracism and psychological
abuse. Some of the major reported instances of attacks on religious minorities
in the past two years include the twin bombing by terrorists on two Christian
churches, which claimed the lives of 14 persons, [28]
setting up on fire a factory by angry protestors after allegations of blasphemy
by an Ahmedi employee surfaced and the torching of an Ahmedi place of worship
the next day,[29] and a terrorist
attack in Gulshan-i-Iqbal park on Easter Sunday, which claimed the lives of
at least 72 persons.[30]
Terrorist attacks against religious minorities, notably Christians
and Hindus, are not officially considered as acts of religious persecution,
but instead classified broadly as terrorist attacks as these target both Muslims
and Non-Muslim minorities alike. Hence, the available data on religious persecution
only pertains to persecution of the Ahmedi community. With regard to it, out
of the three cases of killing of persons belonging to the Ahmedi community,
all cases were detected by the Punjab Government, with two terrorists involved
killed in intelligence-based operations while two were apprehended.
As far as legislative developments are concerned, the Provincial
Assembly of the Punjab passed the Punjab Sound Systems (Regulation) Act 2015.
The purpose of the Act is to 'regulate, control and prohibit the use of certain
sound systems in the Province in the interest of environment, public order,
decency, and prevention of incitement to terrorism or the commission of any
offence.'[31]
Another legislation passed by the Punjab Assembly in this
regard is the Punjab Security of Vulnerable Establishment Act 2015 which calls
for the establishment of sub-divisional Security Advisory Committees to, among
other things, identify and inspect vulnerable establishments and issue advice
to these vulnerable establishment for security arrangements. [32]
The work done against religious persecution falls short of
the multi-faceted problem that exists in Pakistan. The implementation process
has been relatively poor and requires improvements.
NAP Point No. 10: Registration and regulation of religious
seminaries
The Punjab Government has geo-tagged 13,798 Madrassas, which
according to official figures is 100 per cent of the Madrassas in the province.
It has also registered 7306 Madrassas, while 6492 Madrassas remain unregistered,
which is roughly 47 per cent. Moreover, 532 big Madrassas of all sects have
also been thoroughly searched in 2015, while 2 suspected Madrassas have been
closed by the Provincial Government. In addition a total of 300 Madrassas were
suspected to have links with proscribed organisations and 115 Madrassas have
their leadership profiled, which means that their leaders have been placed in
Fourth Schedule and barred continuing as heads of their Madrassas. The Punjab
Government has also geo-tagged 61,000 mosques. There are also 2971 non-Muslim
places of worship, all of which have been geo-tagged by the Provincial Government.
[33]
While a view exists that the issue of uniform curriculum and
registration of madaris needs to be tackled by the Federal Government, Provincial
Governments have the powers with Education as a devolved subject to come up
with effective strategies to implement this. The Punjab Curriculum and Textbook
Board Act 2015 specifies the power of the Punjab Government vis-à-vis curriculum
reform by establishing the Punjab Curriculum and Textbook Board that among other
things is charged with 'development, implementation, evaluation and updating
of curricula.' [34] Tied to
this is the law governing registration of Madrassas (and other organisations),
the Societies Registration Act 1860. It stipulates that Madrassas submit annual
report of their activities to the Registrar as well as maintain accounts and
carry out audit of their accounts. The Act also bars Madrassas from teaching
or publishing any literature which 'promotes militancy or spreads sectarianism
or religious hatred.' [35] However,
there is no punitive arrangement for those Madrassas that fail to comply with
it. Making matters worse is the absence of concrete steps to improve the legal
regime and its effective implementation in this regard which has resulted in
pending issues with direct oversight of Madrassas, curriculum reforms and their
regulation and audit.
The implementation process has been relatively poor on this
point.
NAP Point No. 11: Ban on glorification of terrorist and
terrorist organizations through print and electronic media
In November 2015, the Pakistan Electronic Media Regulatory
Authority (PEMRA) issued a notification directing all media outlets to not give
any coverage to banned organizations. [36]This
was followed by action, as media reports frequently mentioned notices issued
by PEMRA to media outlets that violated this directive.
The Punjab Government has registered a total of 33 cases relating
to this NAP Point, arrested 34 persons, and convicted 12.
However, there are frequent examples of media reporting and
glorifying terrorists and terrorists' organisations. The implementation process
has been relatively poor on this point.
NAP Point No. 12: Administrative and development reforms
in FATA with immediate focus on repatriation of IDPs
This point pertains to the jurisdiction of the Federal Government.
However, just to report progress on it in two years, the FATA
Reforms Committee, headed by Advisor to Prime Minister on Foreign Affairs, Mr.
Sartaj Aziz, developed its report in August 2016. The report laid down a 10-year
time line for various aspects of FATA reforms including legal, developmental,
and reconstructive aspects. [37]
While the report has been submitted to the Federal Government, further action
on it is under progress.
The implementation process has worked relatively well. Improvements
should be made.
NAP Point No. 13: Communication network of terrorists
will be dismantled completely
This needs to be viewed in two ways. First is the communication
between Punjab based militants and the militant infrastructure in Federally
Administered Tribal Areas, particularly the North Waziristan region. With the
militant infrastructure in FATA considerably eliminated through Operation Zarb-e-Azb,
it would be reasonable to believe that their channels of communication with
Punjab-based militants have been broken. Nevertheless, this still leaves militant
hideouts in other parts of Pakistan that may perpetrate terrorism in Punjab.
On this front, CTD Punjab claims that Punjab's entry and exit points are under
surveillance and human intelligence has been deployed all over the province.
With regard to the second aspect, which is communication network
of terrorists within Punjab, there is measurable data available to gauge the
performance of the Punjab Government. A total of 1500 Fourth Schedulers are
under surveillance. Similarly, 556 returnees from Afghan prisons are also under
surveillance. This shows that concrete steps have been taken by the Punjab Government
and this must have restricted space for terrorists to operate in Punjab.
Furthermore, Biometric Verification System for issuance of
new SIMs [38] has been placed
countrywide. Such initiatives of controlling and regulating the means of communication
surely restrict the ability of terrorists to freely communicate with each other.
The implementation process has worked well. Some improvements
are needed.
NAP Point No. 14: Measures against abuse of social media
for terrorism
The Prevention of Electronic Crimes Act 2016, a federal law,
defines cyber terrorism and hate speech and prescribes punishment for offences
related to it.[39] In Punjab,
a basic social media-monitoring cell has been set up in CTD Punjab; however,
according to the department, at present the FIA has exclusive jurisdiction to
investigate cases related to cyber terrorism. The Punjab CTD and Police have
demanded to also have jurisdiction alongside the FIA. The Federal Government
has to amend the rules governing the law to include CTDs and Police in the jurisdiction.
A total of 33 cases have been registered against hate material
on social media in which 34 persons have been arrested and 12 convicted. Given
the impression that certain terrorist outfits openly operate on social media,
these numbers suggest that the action taken against these requires to improve
substantially.
The implementation process has been relatively poor. Significant
improvements should be made.
NAP Point No. 15: Zero-tolerance for militancy in Punjab
This particular point of NAP has been mired in ambiguity and
controversy while also being a source of recurring friction between the civilian
government and the military leadership. For example, the response to the Lahore
Attack of March 27, 2016 saw a disjointed response by the elected Government
and the Military leadership. In addition to two meetings separately held by
the Prime Minister of Pakistan, Mr. Muhammad Nawaz Sharif, and the then Chief
of Army Staff, Gen. Raheel Sharif from March 27-28, 2016, there was a widespread
impression that Military-led operations in Punjab were not undertaken after
consultation with the elected leadership, and were unilaterally ordered by the
Army.
Data received from the provincial CTD has displayed measurable
results in its various counter-terrorism and counter-extremism operations conducted
throughout Punjab. For example, a total of 990 persons have been arrested and
296 cases registered against persons belonging to terrorist organizations operating
in the province, which have so far resulted in 125 convictions.[40]
Notably, among these, 79 terrorists belong to the hardened Lashkar-e-Jhangvi,
including its infamous leader Malik Ishaq, who have either been detained by
the Provincial Government or killed in intelligence-based operations.
Despite perceptions on the contrary and noticeable civil-military
friction, the implementation process has worked relatively well. Some improvements
are needed.
NAP Point No. 16: Ongoing operation in Karachi will be
taken to its logical end
This point pertains to the jurisdiction of the Federal Government.
However, just to report progress on it in two years, according to a Federal
Ministry of Interior report presented in the Senate of Pakistan, the Federal
Government has claimed that Karachi operation has yielded substantial results.
Terrorism has been reduced by 90 per cent in the city while target killing has
witnessed a drop of 91 per cent. Similarly murder and robberies have been reduced
by 62 per cent and 48 per cent respectively. Moreover, a total of 33,378 weapons
have been recovered. [41]
The implementation process has worked well. Some improvements
are needed.
NAP Point No. 17: Balochistan Government to be fully empowered
for political reconciliation with complete ownership by all stakeholders
This point pertains to the jurisdiction of the Federal Government.
However, just to report progress on it in two years, the promise of providing
Rs. 5 million to each pardoned militant in instalments in addition to compensation
for weapons along with announcement of jobs or technical education by the Balochistan
Government is said to be an efficacious policy.[42]
Media reports frequently mention Baloch militants surrendering
to the Government.[43]
The celebrated meeting of Abdul Malik Baloch and Abdul Qadir Baloch with Bugti's
grandson did not lead to anything tangible reportedly due to lack of agreement
between the Civil-Military leadership.
The implementation process has been relatively poor. Significant
improvements should be made.
NAP Point No. 18: Dealing firmly with
sectarian terrorists
During this period, a total of 225 cases have been registered
against Lashkar-e-Jhangvi and Sipah-e-Muhammad, and the alleged police encounter
killing of Malik Ishaq does show that the Punjab Government is targeting those
sectarian leaders who previously roamed around with impunity. Moreover, over
900 detainees in Punjab belong to sectarian organisations. [44]
There have been questions raised on the recent win of Maulana
Masroor Nawaz Jhangvi, who is supported by the banned Ahle Sunnat Wal Jamaat,
in the provincial by-election for the Punjab Assembly's PP-78 in terms of degree
of progress achieved on this point. [45]
While joining the political process under the Constitution of Pakistan
is a positive step that amounts to respecting the writ of the State and its
legal regime, given that the person has denounced his extremist agenda, it must
also be noted that at the moment the ATA does not bar fourth schedulers from
campaigning and contesting election. If such is the intent, the law must be
amended suitably.
While the Provincial Government may have taken positive strides
against sectarian terrorists, much more needs to be done, especially in regions
that are sectarian hotbeds. The implementation process has worked relatively
well. Improvements should be made.
NAP Point No. 19: Formulation of a comprehensive policy
to deal with the issue of Afghan refugees, beginning with registration of all
refugees
The process of the registration of Afghan by the Punjab Government
is underway as 100,397 Afghan refugees have been biometrically verified. Moreover,
the Provincial Government has also identified major areas of concentration of
Afghan refugees in which Rawalpindi and Mianwali top the list.[46]
However, registration of Afghan refugees needs a holistic
approach in which goals are identified and the matter is dealt with in a manner
in which humanitarian considerations are also weighted.
The implementation process has been relatively poor. Significant
improvements should be made.
NAP Point No. 20: Revamping of the Criminal Justice System
The Federal Government claims these reforms pertain to the
Provincial Governments. However, according to Ministry of Interior, NACTA is
preparing a package of reforms, which if approved by the Federal Government,
will be sent to the provinces.
The Parliament, for its part, has also done precious little
in the past two years on reviewing the performance of the Government on reforms
in Pakistan's criminal justice system. Although the Senate did a commendable
job to produce a detailed report on the Provision of Inexpensive and Speedy
Justice in the Country after detailed deliberations in its Committee of the
Whole in December 2015, the Parliament on the whole did not exercise its oversight
role in a befitting manner. Its Committees should have sought monthly reports
from the Government on the steps taken to reform the justice system.
The implementation process has been poor overall. Immediate
and major changes need to be made.
Laws Relating to Miscellaneous Areas of
Implementation
The following table shows certain laws enacted by the Government
of Punjab that although do not correspond directly to any particular NAP Point
but are related to counter-terrorism efforts:
No. |
Law |
Brief Description
|
1 |
Punjab Prohibition of Expressing
Matters on Walls (Amendment) Act 2015 |
Increased fine for expressing
matters on walls from Rs. 5000 to Rs. 25 000 and made the offence coginzable
and non-bailable. [47]
|
2 |
The Punjab Special Protection
Unit Act 2016 |
Provided for the constitution
of Special Protection Unit in the police for the purpose of 'providing
dedicated security to foreigners, important person and premises; and,
for other purposes.' [48]
|
3 |
The Punjab Civilian Victims
of Terrorism (Relief and Rehabilitation) Act 2016 |
Provided for the 'institutionalized
response to redress the hardship faced by the civilian victims and their
families owing to an act of terrorism.' [49]
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Recommendations
i. The Prime Minister constituted 15 committees to oversee
the implementation of various aspects of the NAP in December 2014. [50]
No record is available about the meetings of these committees but media reports
indicate that most of these committees were not functional and their record
of progress in their respective area of work was rather questionable. An effective
monitoring mechanism demands making these committees functional so that these
can effectively unpack each point of NAP, delineate departmental responsibility
and hold to account each department on its progress.
ii. A major lacuna in the parliamentary oversight of NAP is
the lack of work done in this regard by the Standing Committees of the Parliament
as well as Provincial Assemblies. In the case of the Punjab Assembly, while
the Standing Committee on Home Affairs has met for roughly 20 times in two years
when it was referred legislation pertaining to implementation of the NAP, it
has been unable to carry out a systematic and regular oversight of the implementation
of National Action Plan due to the procedural lacuna of lack of suo moto
powers with committees of the Punjab Assembly. The lack of suo moto
powers for committees mean that these do not have the power to convene to examine
an issue relating to their mandate unless the issue has been referred to the
Committees by the House. This is a major weakness of the Punjab Assembly rules
as both the Standing Committees in the National Assembly and the Senate hold
suo moto powers. PILDAT has consistently put forward the reform proposal
to empower Standing Committees in the Punjab as well as other Provincial Assemblies
in order to strengthen their oversight role as well as their capacities. Monitoring
of the implementation of the NAP is a national necessity equally across the
Federal and Provincial Legislatures and the relevant Committees meet on a monthly
basis to inquire about the status of implementation of the NAP and inform the
public of the progress in this regard.
iii. An important aspect of countering terrorism and extremism
overlooked in the NAP is community participation. The disjoint between opaque
policymaking and its ownership by the community results in a certain degree
of apathy by citizens. This is highly unfortunate as citizens are an important
node of intelligence input and general oversight. Had the NAP, other than just
receiving political consensus, also received political input by parties and
MPs, the document would have provided for a mechanism of community mobilization
for successful implementation of the NAP across the country. The process should
still be amended by political leadership to take the lead by taking on board
local political leaders and introducing community participation programmes at
the ward level. Moreover, the government may also mobilize ulemas as they continue
to hold tremendous influence on society. The ulema can be the perfect bridge
to counter extremist narrative and turn the fight against terrorism and extremism
into a joint and collective effort.
iv. Special branch of the police has been historically an
active information gathering system at the community level and has a huge spread
over the province. It is not clear whether the Special Branch has been involved
in implementing the NAP but it may make sense if it is given a role.
Graphs Depicting the Impact of NAP
Figure 1: Terrorism Related Casualties in Punjab (Civilians
& Law Enforcements Agencies), 2014-2016 [51]
Figure 2: Terrorism Related Casualties in Pakistan
(Civilians & Law Enforcement Agencies), 2014-2016 [52]
Figure 3: Terrorism Related Incidents in Punjab, 2014-2016
[53]
Figure 4: Terrorism Related Incidents in Pakistan,
2014-2016 [54]
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