• IPU Chief visits Pakistan

• Functionality & Performance Article 111(1) Police Order 2002 

• Pakistan sees 2745% increase in seminaries since 1947

IPU Chief visits Pakistan
By Shams Soomro 

The Inter-Parliamentary Union (IPU) is an international organisation that brings together the Parliaments of the sovereign States of the world. In significance, it is next to the United Nations Organisation (UNO). At times and places, its decisions have proved to be materialized more fully than the latter’s resolutions. The Union is the focal point for the world-wide parliamentary dialogue for the establishment of peace and cooperation among people and firm democracies in the world. With common objectives, it works closely with the UN agencies. It also works with the regional, inter-parliamentary, international, inter-governmental and non-governmental organisations, striving for the same goals and motivated by the same ideals.

President of IPU, Mr. Pier Ferdinando Casini being received by Chairman Senate, Mr. Mohammedmian Soomro at the PAF Air Base Chaklala.

Established in 1889, the IPU is playing an important role in bolstering the practical functioning of parliaments and engaging the parliamentarians to influence positively the multilateral negotiations in the world. In order to actualize its mandate to consolidate democracies, the IPU (a) fosters contacts, coordination and exchange of experience among parliaments and parliamentarians of all countries, (b) considers questions of international interest and concern and recommends action by parliaments and parliamentarians, (c) contributes to the defence and promotion of human rights, “an essential factor of parliamentary democracy and development” and (d) helps improve the knowledge of the working of representative institutions and strengthen and develop their means of action. It is particularly active in countries, emerging from conflicts, seeking to rebuild their institutions, and assists women parliamentarians, particularly those who are new to politics.

The President of International Parliamentary Union (IPU), Mr. Pier Ferdinando Casini called on President General Pervaiz Musharraf in Rawalpindi.

By December 2005, 143 countries’ parliaments were represented at the IPU. Headquartered in Geneva, Switzerland, the IPU is financed primarily by its members out of public funds. Its budget for 2007 totals 17.4 million Swiss Francs which includes voluntary contributions. The organisation holds bi-annual assemblies and is run by the Governing Council, previously known as the Inter-Parliamentary Council. This is the plenary policy-making body of the IPU. It has a number of committees and working groups subordinated and reporting to it on their work. The Council passes the resolutions on human rights of the parliamentarians. The IPU Committee on Human Rights of Parliamentarians makes decisions if and when there are any violations of the human rights of parliamentarians of member countries. This Committee is composed of parliamentarians, serving 5-year term, elected in personal capacity in such a way that all the civilizations and political systems of the world are represented. This Committee examines the cases of the abuse of human rights of the sitting as well as the former members of the parliaments of the member countries. Presently, it is considering the cases of six parliamentarians from Pakistan: ex-Senators M/s Asif Ali Zardari, Jahangir Badar, Abdul Rauf Mengal, Senators M/s Shahid Bugti, Sanaullah Zahri and MNA Mr. Javed Hashmi.

The President of International Parliamentary Union (IPU), Mr. Pier Ferdinando Casini called on Chairman Senate, Mr. Mohammedmian Soomro in Islamabad.

Pakistan is a member of the IPU since 1950s and has been actively participating in various meetings and other activities of it. The Parliament of Pakistan is going to host a Seminar on Children’s Rights in collaboration with IPU in June this year. It has already hosted two Parliamentary Conferences earlier this year. Recently, a very high-powered delegation of the IPU visited Pakistan. It was headed by Mr. Pier Ferdinando Casini, the President of the IPU. Mr. Casini was the President of the Italian Chamber of Deputies before he was elevated as the President of the IPU for three years at the 177^th session of the Governing Council of the IPU on 19 October 2005 in Geneva. A widely-travelled and learned lawyer, Mr. Casini was born in Bologna on 3 Dec. 1955. He started his political career as a Town Councillor in Bologna in 1980 and became a Member of the Italian Parliament in 1983. After being a member of the European Parliament also since 1994, Mr. Casini was elected on 31 May 2001 as the President of the Italian Chamber of Deputies, the third highest-ranking office-holder of the Italian State. Since the election of Mr. Casini as its President, the IPU has become more active in international affairs and is working more closely with the United Nations and other international organisations for the fulfillment of its mandate.

Chairman Senate, Mr. Mohammedmian Soomro and President of IPU, Mr. Pier Ferdinando Casini briefing news media representatives at the PAF Air Base Chaklala.

The IPU delegation’s visit to Pakistan was arranged by the Senate of Pakistan. The delegation met the President of Pakistan, the Prime Minister of Pakistan, the Chairman, Senate of Pakistan and other high officials in Pakistan. President General Pervez Musharraf briefed the IPU President on the initiatives taken by his government for the promotion of true democracy and said that the elections would be held on time. He added that he would in no way influence the general elections and all international observers including the IPU would be welcomed to monitor them. He also talked about the steps the government had taken to strengthen the country’s economy and said that the European countries should open up their markets for Pakistani goods. The IPU President lauded the leadership qualities of General Musharraf and said that the European countries valued the role of President Musharraf in fighting terror and bringing the country forward in all fields. Both the leaders also discussed at length the expansion of cooperation between the IPU and Pakistan and appreciated that Chairman Senate, Mr. Soomro had taken many initiatives in this regard.

Mr. Casini, the President, IPU, also held detailed discussions with his host Mr. Mohammedmian Soomro, the Chairman, Senate of Pakistan. Mr. Casini praised political pluralism in Pakistan and commended the process of economic reforms, which have provided a solid foundation to the economy and paved the way for attracting large scale foreign investment. He especially lauded women empowerment and efforts being made to bring them into the mainstream of national life. He said Pakistan is an important member of the world community and Italy attaches great importance to its relations with Pakistan.

President of IPU, Mr. Pier Ferdinando Casini, presenting a memento to Chairman Senate, Mr. Mohammedmian Soomro.

Mr. Soomro, the Senate Chairman, apprised the IPU president, that Pakistan’s commitment to combat terror is beyond doubt as the country has sacrificed more than 800 of its soldiers in the struggle to stamp out the scourge. He convinced his guest that Pakistan inherited the problem of terrorism and extremism as an offshoot of the protracted Afghan war of the 80’s when the free world used his country as a base camp to fight Communism. However, after the collapse of Communism, he said, the US and its Western allies withdrew abruptly from the region, leaving behind hordes of highly-indoctrinated youth, high and dry. The genesis of the problem can be traced directly to this war, Mr. Chairman added. He said the proliferation of drugs and weapons in the society was yet another consequence the country is facing in addition to sectarianism. The world community, he said, must not lose sight of these fundamental realities while commenting on Pakistan’s determination to fight terror. He underscored the need to address the root causes of the menace like injustice, poverty and deprivation to devise a comprehensive strategy against terrorism.

Mr. Mohammedmian Soomro told the IPU president that rallies and processions are a sign of openness and democratic freedom which the people and political parties currently enjoy in the country. He hoped that those taking out processions must be responsible enough not to disrupt public peace and order. He said the country has a functioning Parliament, vibrant Opposition and free press, the essential pre-requisites of democracy, and observed that a great majority of Pakistanis are peace-loving, progressive and moderate as this region has remained under influence of Sufi saints who emphasized humanism and tolerance as the core values.

(Mr. Shams Soomro is Director General, Public Relations (PR), Senate Secretariat, Islamabad).

TOP

Functionality & Performance Article 111(1) Police Order 2002 

Article 111(1) of the Police Order, 2002 lays down the functions of the Criminal Justice Coordination Committee. The primary function is to review the operations of the criminal justice system with the objective of highlighting problems and resolving them to the ultimate improvement of the system itself.

To what extent the Criminal Justice Coordination Committees are able to achieve this primary objective can only be gauged by an annual review of the criminal justice system; however, a constant monitoring can be done by recording the topics and issues discussed in the meetings which would provide an indicator of the major problems areas and data on follow ups would assist in the resolution of the problems.

At present, the minutes of the meeting only record what is discussed in the meeting without recording a follow up in the next meeting as to whether decisions taken were implemented or reviews carried out. Therefore, based on data collected problem areas can be identified, however their resolutions and implementation cannot be identified.

For monitoring purposes the topics discussed in meetings have been divided into primary Heads and Subjects under each head.

The topic Heads and Subjects identified under each as discussed in meetings are: 

·   Secretariat Issues
o  Meetings

·   Rehabilitation
o  Rehabilitation of Drug Addicts
o  Probation & Parole Issues
o  Narcotics
o  Lunatics
o  Juvenile Cases

·    Prosecution
o   Prosecution & Prosecutor

·   Police Station
o  Police Performance & Other Issues

·   Police
o  Transfers & Postings
o  Traffic Violations & Fine Collections
o  Registration of FIRs
o  Law & Order
o  Identification Parade
o  Custody of Accused, Weapon,
o  Vehicles & other Equipment
o  Crimes & Criminals
o  Bakshi Khana/Mall Khana
o  Attendance of Police Officers in
o  Courts
o  Accused Issues

·   Law Issues
o  Ordinances/Orders
o  Articles & Sections

·   Jails
o  Prisoner Transportation
o  Food
o  Condition of Prisoners in Jail
o  Buildings, Facilities &
o  Administration Issues of Jails

·   Investigations
o  Under Trial Prisoners Issues
o  Training of Investigation Staff
o  Submissions of Challans
o  Remands
o  Recovery of Weapons & Theft
o  Equipment
o  Post Mortem Reports
o  Medical Issues & Reports
o  Investigation Procedures and
o  Shortage of Staff
o  FSL Reports
o  Forensic Reports
o  Delays in Investigation ,o Chief E•aminer Report

·   Courts
o  Under Trial Prisoners Issues
o  Summons & Warrants
o  Security
o  Court Issues
o  Courts Instructions
o  Bails
o  Arrest Issues

·   Miscellaneous 

Out of a total 814 Criminal Justice Coordination Committee meetings held during the monitoring period, the subjects of Summons & Warrants and Submission of Challans were the most discussed appearing in 375 and 321 meetings respectively. Other major subjects discussed appearing in more than 150 meetings at least were; Buildings, Facilities & Administration Issues of Jails, Investigation Procedures & Shortage of Staff, Police Performance, Probation & Parole Issues and Under Trial Prisoners Issues. 

At the same time serious issues like Training of Staff, Rehabilitation of Drug Addicts, Food Issues in Jails, Arrest Issues, and Narcotics etc hardly got much mentioned with only a handful of meetings discussing these issues.

A review of the minutes shows a lot of repetition such as in one district where meetings have been held very regularly, the issue of Non Service of Process has been a consistent feature in almost all the meetings held. As an example, two basic minutes are quoted below:

"The non service of process in criminal cases by the Police is one of the main factor of delay in disposal of cases. In the meetings held from time to time, this issue has always process serves of their police station to been made in service of process. The District Police Officer (Operation) informed that he had also held a meeting with the S.H.0's of all Police Stations recently and had emphasized them to strictly watch the been taken up. Some improvements have ensure that process of the Courts is served and returned in time. "

"The service of process has been improved and at present the position of the same is upto the mark. The District Police Officer Operation has been directed to continue his struggles regarding service of the process."

These are the two types of minutes which are almost identically repeated in different meetings. What is clear is that service of process and the delay in the service is a major issue. While this is pointed out in the meetings what is absent is either a detailed discussion on the causes and reasons for such delays and a solution to the problem and its implementation plan.

What can be seen from this example is that while the Criminal Justice Coordination Committee has taken the first step of raising the issue and therefore, creating coordination it has failed to take the second logical step which is finding the resolution to the problem and its implementation. The fact that this issue repeats itself in almost all the meetings shows that the problem still exists. Mentioning it in meetings won't resolve it.

Micro study at the district level of subjects taken up show a similar situation. In districts Sargodha, Lodhran, Bannu and Gujranawala the issue of Summons & Warrants Process Issuance was discussed in over 20 meetings in each district. Therefore, this subject has been raised in over 90% of the meetings held in these districts. However, again only the issue is raised in the meetings and recorded in the minutes. A resolution of the problem is not found and the problem remains consistent.

Agendas seem to be formulated in the meetings themselves based on issues raised by any member, a discussion held and the point discussed noted in the meeting. The Criminal Justice Coordination Committee's primary objective is to create coordination between the different arms of the criminal justice system and provide them with a joint platform where they can brain storm solutions to problems highlighted during the coordination. The problems are being highlighted however, they are not being resolved through a specific process of discussion and attempting to implement possible solutions. 

Conclusion

Based on data analysis and specific studies the following conclusions are drawn;

         i.      Numerous topic Heads and Subjects are being discussed in the meetings however, no follow up or solution to the problem is being found and implemented. Issuing instructions to a department that they have a problem and to resolve it is not sufficient when the problem consistently persists. It is clear that the Criminal Justice Coordination Committees have been able to identify the problems at a reasonable level. The next step is to resolve the problems

        ii.      The topic Heads and Subjects are being developed as meetings go along. A systematic structure should be in place of Heads and Subjects as this will allow a proper review of issues discussed. Presently a topic discussed in a meeting four weeks ago and noted under a certain Subject or Heading has a tendency to be lost when a similar issue is being discussed in the present meeting and a search is done of past meetings to see if a similar issue was discussed earlier.

      iii.      There is no review of decisions taken or issues raised in prior meetings. The absence of a proper review has resulted in a high level of repetition of similar topics in the meetings. A focused approach to the meetings and a system to achieve the objectives set out for the committees is to a great extent absent.

      iv.      The Criminal Justice Coordination Committees are not reviewing their own performance which is essential to monitor whether the Criminal Justice Coordination Committees are able to improve the criminal justice system and its working. The meetings are highlighting problems which are essential, however, how the Criminal Justice Coordination Committees handled these problems and how they can improve their handling of the problems is absent from the agenda of the Criminal Justice Coordination Committees.

       v.      The initial phase shows that the Criminal Justice Coordination Committees have tremendous potential in resolving the present problems of the criminal justice system as some issues have been seen which were resolved quickly only due to the fact that the same were discussed in a common forum with all concerned stake holders present and coordinated effort to resolve the problems. This potential now needs to be channeled to ensure that the Criminal Justice Coordination Committees can consistently work towards resolution of problems identified.

      vi.      While a large number of guests attend the meetings as proxies for notified members, there are a fair number of guests which seem to be repeatedly attending meetings not as proxies, but rather as representative of the system whose input seems to be required consistently. At times issues have had to be postponed because a person relevant to the issue was not present and whereas the issue itself was something which had been repeatedly coming up in previous meetings. This highlights the possible improvement required in the Rules, where invitation to guest on relevance basis may be formalized.

    vii.      The Criminal Justice Coordination Committees have a tendency to overstep their jurisdiction and involve themselves into subjects which are technically not concerned with the criminal justice system. As an example, a meeting held on 3~^d May 2006 of the Criminal Justice Coordination Committee of District Tharparkar at Mithi was chaired by the Chairperson and attended by the Secretary of the Criminal Justice Coordination Committee. Other than them no other member of the Criminal Justice Coordination Committee was present. However, five guests were - invited who were; Zila Nazim, EDO (Revenue), DO (Works & Service), Taluka Nazim Mithi and Mukhtiarkar Mithi. The issues raised in the meeting were:

            a. Encroachment of main roads;
b. Government land which has been taken over by land grabbers;
c. Traffic checking and monitoring; and
d. Establishment of Dak/Cattle Pond. 

In addition, two issues relating to the criminal justice system were discussed;

a. Repair of judicial lockup at Chachro; and
b. Appointment of P.S.I's for Magisterial Courts. 

In this meeting, the Criminal Justice Coordination Committee clearly overstepped its boundaries and became involved in local administration and governance which is a subject of the Zila Nazim who was invited to the meeting and primarily dictated to by the Chairperson of the Criminal Justice Coordination Committee in terms of problems which had come to his attention.

TOP

Pakistan sees 2745% increase in seminaries since 1947
By Hassan Mansoor 

From partition in 1947 to date Pakistan has seen an average of 120 religious schools come up every year, says a recently compiled interior ministry report.

In 1947, the area now comprising the four federating units of Pakistan had 245 religious schools. In 2000, the number had reached 6,761 and by September 11, 2001, it stood at 6,870. Interestingly, despite drastic decrease in state patronage and checks on seminaries and their administrations by the intelligence agencies following the US war on terrorism, the number has gone up to more than 7,000. Figures show the seminaries have increased by 2745% over the past 55 years.

Until 1988, when former Soviet Union decided to withdraw from Afghanistan after 10 years of misadventure in that country, there were a total of 2, 861 religious schools in Pakistan. The Soviet withdrawal also led to a bloody civil war with Pakistan-sponsored Afghan mujahideen intensifying their attacks on the government of President Najeebullah. Around that time, trouble also began in Indian-Held Kashmir. Both events had a direct bearing on the rise of the seminaries.

From 1988 to 2000 the number of religious schools increased by 236 percent to 6,761. The majority of these schools belonged to the Sunni-Deobandi denomination. Later, these seminaries were to provide recruits to the Taliban militia, a fact admitted by former DG-ISI Lt-Gen (retd) Hameed Gul as well as former interior minister in the PPP government, Naseerullah Khan Babar. Indeed, Babar famously said of the Taliban: “They were my boys.” The Deobandi parties and groups also recruited seminarians to fight the Indian security forces in Kashmir.

The report gives interesting statistics on seminaries run by other sects and denominations. For instance, Shiite seminaries have increased by 773 per cent during the last 14 years while there has been a 131 percent increase in schools run by the Ahle Hadith.

Presently, 64 per cent of the total seminaries are run by Deobandis, 25 per cent by the Barelvis, six percent by the Ahle Hadith and three percent by various Shiite organisations.

The number of students enrolled in these schools, according to the report, stands at 1,500,000. Till 2001, 37 percent of the total students at the religious schools in Balochistan were foreigners; in the NWFP, also abutting Afghanistan, foreign students numbered 10 percent of total enrolment, while in Sindh and the Punjab they were one percent and less than one percent, respectively. However, while the number of seminaries has not decreased since 9/11, the number of foreign students has drastically come down to about one percent for the entire country. This is owed to stringent checks placed by Islamabad on the enrolment of foreign students, besides monitoring them closely.

The report also gives a province-wise breakdown of religious seminaries. In 1988, Punjab had a total of 1320 religious schools; NWFP had 678 schools, Balochistan 274, Sindh 291, Northern Areas 102, Capital Territory 47 and Azad Kashmir had 76 religious schools. By 2000, the number of religious schools for Punjab, NWFP, Sindh, Balochistan, Northern Areas, Islamabad and AJK had increased to 3,153, 1,281, 905, 692, 185, 194 and 151, respectively. Balochistan registered an 81 percent increase while Sindh saw an alarming 210 percent growth in the seminaries. In the last two years, the ratio in Sindh has ’normalised’ (decreased) due to withdrawal of state sponsorship to these schools and the campaign against the banned jihadi outfits.

In 1988, Deobandi parties were running 1,785 schools out of a total of 2,861 seminaries. The Barelvi share was 695, Ahle Hadith 134, Shiite 34 while 80 schools were being run independently. In 2000, Deobandi groups were running 4,327 schools, Barelvis 1,690, Ahle Hadith 406, Shiite 203 and independent schools 135. Sunni-Deobandi groups have increased the number of seminaries significantly during the last two years (by 200 or more schools) and their influence in the NWFP and Balochistan is increasing. They got a fillip by the electoral victory in the NWFP and northern Balochistan of Muttahida Majlis-e-Amal, the alliance of six religious parties dominated by the Deobandi Jamiat-e-Ulema-e-Islam and Jama’at-e-Islami. The two parties run the NWFP government in tandem. In Balochistan, the MMA sits in the coalition led by Muslim League Quaid-e-Azam Jam Mohammad Yousuf.

The report puts the number of male and female students in 7,000 seminaries at one million and 466,000, respectively. In 2000, the number of male students was 933,000 while female students numbered 439,000. In 1988, a total of 484,000 students were registered at 2,861 schools. Out of them, 377,000 were male and 81,000 female students.

Interestingly, figures show the number of female students is on the rise. Jama’at-e-Islami’s secretary general Syed Munawwar Hasan ascribes the rise to economic reasons. “The majority of our population belongs to the lower middle class and more than 40 per cent of them live below the poverty line. These people cannot afford even admitting their sons to mainstream schools let alone their daughters,” he says.

“In religious schools, the teaching is absolutely free. Besides, these schools also impart vocational training to our girls, which they can use to share the financial burden of the family,” he adds. 

TOP