inquiry
Who’s afraid of the UN Mission?
Pakistan will have a lot to answer for when the UN Working Group on Enforced or Involuntary
Disappearances presents its report
By Zohra Yusuf
Those questioning the recent visit of the UN Working Group on Enforced or Involuntary Disappearances have perhaps chosen to turn a blind eye to the harsh reality of this gross human rights violation in Pakistan. And this reality is tragically reflected in the fact that two of the disappeared whose cases the Working Group had been following ended up dead. 

 

Yeh Woh
First things first

Take a disaster or a life-and-death issue of any kind. It could be a natural calamity, a man-made tragedy, a government-initiated fiasco, an unintended casualty, or a case of plain misfortune. The reaction of Pakistanis remains consistent:

   

Alternative medicines
Patients suffer as pharmaceutical companies cash in on shortage of medicines
By Shahzada Irfan Ahmed
Nasreen, 32, is a chronic patient of hypothyroidism. She has to treat this deficiency of thyroid hormone with a medicine, Thyroxin, for the rest of her life; any suspension in the treatment may have disastrous effects on her health. 

  

conflict
Breaking the network

The implications of declaring the Haqqani network as a foreign terrorist organisation by the United States ...
By Arif Jamal
The designation of the Haqqani network as a foreign terrorist organisation (FTO) by the United States seems to have shaken the group to its core. The designation comes immediately in the wake of the death of Badruddin Haqqani in a CIA drone attack. Although the death of Badruddin Haqqani is more a symbolic one, it is not likely to dent the terror and financial structure the group has built in the Af/Pak region and the Middle East. 

 

Call for segregation
The deplorable condition of jails are likely to turn  juveniles into hardened criminals
By Mohammad Awais
Twelve-year-old Arsalan ran away from his bleak life in a Faisalabad village to the big city of Lahore. He got a job of a dish washer at a roadside restaurant in the city, where he happily earned his meals. One day, he was severely beaten up by the restaurant owner for a minor act of negligence. 

 

Sceptic’s Diary
Why mention facts if the agenda is political?

By Waqqas Mir
If YouTube, and all it makes possible, was among the list of heroes in the Arab Spring or Iran’s elections, today a single YouTube video has made the site a villain of the highest order. Democratisation of technology, quite clearly, has costs. If anything, this tells us that technologies may be morally neutral but their use doesn’t always have this characteristic.

 

 

 

 

 

 

 

 

inquiry
Who’s afraid of the UN Mission?
Pakistan will have a lot to answer for when the UN Working Group on Enforced or Involuntary
Disappearances presents its report

Those questioning the recent visit of the UN Working Group on Enforced or Involuntary Disappearances have perhaps chosen to turn a blind eye to the harsh reality of this gross human rights violation in Pakistan. And this reality is tragically reflected in the fact that two of the disappeared whose cases the Working Group had been following ended up dead.

Muzaffar Bhutto, belonging to a Sindhi nationalist party, was first picked up in 2005, freed in 2006 and again made to ‘disappear’ in February 2011. His body was found on the outskirts of Hyderabad in May this year. The Working Group had written to the government as recently as March 2012 asking for progress in this case.

The other case is that of Siddique Eido, an activist of the Human Rights Commission of Pakistan (HRCP), who was picked up reportedly by men from the Frontier Constabulary from Pasni in December 2010; his body was recovered from Ormara in April 2011.

The ‘ghairat brigade’ and the usual lot of conspiracy theorists — comprising some TV talk show hosts and regrettably parliamentarians — have not only misunderstood the objective of the mission but have shown a callous disregard for the families who have been running from pillar to post to get their loved ones back. Moreover, they have overlooked the fact that Pakistan, if it is to be considered a civilised member of the global community, has to meet certain international obligations — unless it wants to live in the kind of isolation preferred by countries such as North Korea.

Intervention by international organisations in matters related to human rights is no longer considered as ‘interference’ in the internal matters of a country. Foreign Minister Hina Rabbani Khar did try to defend the Working Group’s visit but her own party MNAs continued to raise objections. Earlier, an effort by Senator Farhatullah Babar to introduce a bill requiring Pakistan to sign the Convention on the Protection of All Persons from Enforced Disappearance failed.

The Working Group visiting Pakistan from September 10-20, 2012, was represented by the Chair of the Mission Professor Olivier de Frouville and Dr Osman El-Hajje. Their itinerary in Pakistan was fairly comprehensive, covering all the four provincial capitals as well as Islamabad. They met, apart from concerned government representatives, members of civil society and family members of those forcibly disappeared. Strangely, the Chief Justice of Pakistan who has been hearing cases concerning disappearances chose not to meet the mission, citing the matter being sub judice as the reason. Surely, he could have chosen to apprise the mission of developments that would have helped in better understanding of the complexities involved. The Working Group can, in any case, do little to influence the judicial outcome of the cases being heard. Similarly, the IG of Frontier Corps in Balochistan did not find time to meet the mission members.

The UN Mission did manage to meet the Judicial Commission of Inquiry into the cases of Missing Persons. However, the Judicial Commission, originally set up in 2010, suffers from several drawbacks, the most serious one being that members of affected families have little confidence in its deliberations. Most have stopped sending complaints to the commission or appearing before it. It has refrained from investigating the role of security and intelligence agencies. Moreover, the figures released by the Judicial Commission are also questionable.

The Working Group will now submit its report to the 22nd session of the Human Rights Council in March 2013. Prior to this, the government of Pakistan will be given a draft report for its comments and feedback.

However, Pakistan will find it very hard to justify the practice of enforced disappearances which has remained unchecked at the hands of security agencies. Spread over 45 articles, Article 5 of the International Convention for the Protection of All Persons from Enforced Disappearance categorically states the liability of countries:

“The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.”

Those who opposed the Working Group’s visit or are indifferent to the fate of the forcibly disappeared do not, perhaps, fully comprehend the distress of the missing or their families. First of all, the missing person is practically denied an identity or existence as security agencies keep denying his custody. Secondly, torture is more likely to be inflicted than not while the due process of law is circumvented leading to a denial of justice. The family members live in a perpetual state of fear and their emotions swing between hope and despair. In the case of the Adiala 11 (picked up by security agencies after being released from prison), a mother died after seeing the condition of her son in the court. Earlier, another son’s body had been dumped by the roadside.

The killing of Muzaffar Bhutto and Siddique Eido, cited at the beginning of this article, is symptomatic of a trend that started in Balochistan during the military regime of Parvez Musharraf when the Baloch nationalists rose to protest the injustices against the province. The military operation that led to the killing of Nawab Akbar Bugti only radicalised the Baloch youth and voices for independence began to be raised. This was a turning point in Balochistan and, apart from displacement of people belonging to the Bugti tribe, cases of enforced disappearances began to grow dramatically. Since then the issue of enforced disappearances in Balochistan prompted HRCP to file a case in the Supreme Court in February 2007 and to send five fact-finding missions to the province between 2006 and 2012.

Since the start of the insurgency in Balochistan, the country’s military leadership has seen the issue from the narrow perspective of ‘national interest’. Those demanding rights, if not self-determination, are labelled as anti-state and dealt with summarily — that is, picked up, sent home after torture and threats or killed and dumped. Similar treatment is being seen in Sindh, though not on a scale close to that of Balochistan. Most in Sindh have been lucky to return home alive, although traumatised. In Khyber Pakhtunkhwa, the military authorities have acknowledged the existence of ‘internment centres’ where suspects of militancy are kept.

Those fighting for the cases of the disappeared do so under threatening conditions. HRCP lost two of its activists who were working on the issue of enforced disappearances in Balochistan. Shortly after meeting the UN Working Group in Quetta, Nasrullah Baloch, an active campaigner belonging to the Voice of Mission Baloch People reported receiving threats from an unheard of organisation. Pakistan will have a lot to answer for when the Working Group presents its report.

The writer is chairperson of the HRCP

 

 

 

Yeh Woh
First things first

Take a disaster or a life-and-death issue of any kind. It could be a natural calamity, a man-made tragedy, a government-initiated fiasco, an unintended casualty, or a case of plain misfortune. The reaction of Pakistanis remains consistent:

The president ‘takes notice’ immediately before flying off to Riyadh or Washington, the prime minister announces compensation package for the affected and orders YouTube and Facebook to be shut down, the interior minister orders two dozen enquiries and promises to hang the culprits upside down in Islamabad’s D Ground, the various governors and chief ministers condemn unknown elements and sympathise with bereaved families, the army spokesman reminds the nation that the armed forces are prepared for any eventuality, the Supreme Court takes suo moto action, the lawyers go on strike, a few hundred hot-blooded people march on the nearest US diplomatic mission or torch an Israeli (in the past it used to be Indian) flag. And the majority of population goes about its chicken tikka and daal fry routine.

We have been doing this for as long as we or anyone else can remember. The mere fact that we keep getting killed, maimed and thrown on the mean streets of poverty and destitution, on a daily basis, is enough to warrant a review of our survival strategy. But we are not persuaded. Nothing seems to move us, no one seems capable to lead us, and no one is willing to follow a new path. The banality of thought and action that pours from the top, is seeping through cracks and inundating our private lives, our homes, our livelihood, our children’s future … and it’s costing us our loved ones’ lives.

Majority of deaths reported every day, all over Pakistan, are attributed to avoidable reasons — the patient dying of neglect or mistake, the survivors of earthquake and floods who succumb to disease and depression during the so-called relief period, the bus passengers who keep getting shot because of their faith identity, the people going about their routines and getting blown up in pieces for no fault of theirs, a whole metropolis and a large part of tribal area getting used to loot and murder as a part of daily life … and hundreds of men, women and children who burnt to death in a dungeon as their relatives watched helplessly from across iron bars that blocked exit points.

We take a tragedy, mourn it half way, protest against it halfway, and another tragedy befalls us and we start the routine all over again. Quite often though, it isn’t another tragedy that distracts us but something as utterly remote from our daily existence as an ambassador writing a letter to a foreign government and a prime minister not writing a letter to a foreign government.

It is rich for a nation that loses its sons and daughters to unnatural causes on a daily basis, a nation that is routinely humiliated by its own leaders and outsiders, a nation that is denied basic human rights and has accepted to be treated as below humans … to protest against a cheap film that ridicules their beliefs. It is posh for this nation to worry about the outcome of a court case which may send a second pretend-prime minister home. And it is extreme luxury for a nation that does not believe in life and humanity to even consider it has any religious or political beliefs that need to be protected.

If watching hundreds of people slow roast in an inferno caused by a general indifference to the life of common Pakistanis, fails to alert us to the reality, nothing else will. And the reality is: there are thousands of factories spread all over the country where similar incidents are waiting to happen. Murderers are operating freely, picking their targets with impunity. Lack of knowledge, skills and ethics in every profession is claiming ever more lives. The official patronage of financial corruption is translating into dead bodies in our courtyards. And only we have a motive to put a stop to it.

The derogatory film, the infighting within state institutions, the race to buy candidates for the upcoming elections, the foreign relations … these are all important issues but nothing is more important than ensuring that right to live honourably is valued in this country. Nothing matters in a society where human life doesn’t. Political philosophies, religious sensitivities, and intricacies of international relations come later; first we have to fight for our lives because dead people can’t run campaigns, however noble the cause.

masudalam@yahoo.com

 

 

 

Alternative medicines
Patients suffer as pharmaceutical companies cash in on shortage of medicines

Nasreen, 32, is a chronic patient of hypothyroidism. She has to treat this deficiency of thyroid hormone with a medicine, Thyroxin, for the rest of her life; any suspension in the treatment may have disastrous effects on her health.

Over the last few months, life has become too difficult for her — the medicine she uses is not available in the market. It takes her days to locate a pharmacist who can sell the product at an inflated cost. Last time she was lucky enough to buy the pack of 100 tablets for Rs500, before that for Rs300, but now it is not available for even Rs800. The maximum retail price printed on the bottle is Rs50.

Nasreen’s is just one case in point; there are countless patients at the risk of health deterioration and even death due to non-availability of essential medicines in the country. These include vancocin injections, Inderal, xanax, lexotanil, ativan, betnesol Nasal-drops, polyfax, hydryllin DM etc.

The major reasons identified so far are the non-availability of raw materials such as ephedrine, reluctance of pharmaceutical companies to avail ephedrine quotas, pending upward price revision issues, change in companies’ priorities and so on.

Nadeem Iqbal, a leading pharmacist and member drug court, Lahore, says Multinational Companies (MNCs) halt or decrease production of medicines on many grounds and non-availability of raw materials is just one of these. The shortage of cough, cold and flu syrups is definitely due to the non-availability of ephedrine. He refers to the freeze on release of ephedrine quota by the Narcotics Control Board (NCB) following allegations of corruption in its allocation by the Ministry of Health in 2010.

The only way left for companies to overcome this problem, he says, is to change the formulations of their products and apply for new formulations which do not have ephedrine as an ingredient. But this process takes time, causing shortage of medicines and their black marketing.

On medicines such as Thyroxine and Numercazole, Nadeem Iqbal points out that their shortage is perennial and merely because of pricing issues. These are low-priced items and less lucrative for MNCs as well as many local companies so they curtail the production. He says only the Federal Health Ministry can revise the prices but it has to take decisions in the best interest of the general public. “Companies apply on hardship basis in the wake of rising raw material cost, operational and input costs and are compensated if they can prove their point.”

However, there are allegations against pharmaceutical companies that they always eye huge profits and public interest comes much later.

Prof Dr Khalid Jameel, Head of Rehabilitation Department, Mayo Hospital Lahore, says Declopen is a medicine recommended for epilepsy patients and children suffering from disabilities. “They cannot simply survive without it. It is short in supply in the market but is constantly being smuggled into the country via India,” he adds. “Why can’t the supply be ensured if the demand is there? It seems there are profiteers who want to make huge profits from sale of smuggled medicines.”

He discloses that another medicine Mestenon has disappeared from the market. This medicine cures patients of a particular muscular disease and if it is not administered timely and regularly the patient might die. It’s the same disease which confined Bollywood star Amitabh Bachan to bed for months. He contracted it due to the injury he suffered during the shoot of film Coolie.

Dr Khalid laments pharmaceutical companies are hardly concerned whether all the medicines on their product list are available in the market as per demand. “They focus mainly on profit-making and manufacture medicines offering high margins.”

He suggests that the federal authority, which registers drugs, should also ensure their availability in the market and verify whether the reasons cited for shortage are genuine or fake. Sometimes, he says, companies hold back supplies of medicines to introduce a new product in the market with similar properties but higher prices. “I can easily recall that old generation lithium medicines used to be highly effective anti-depressants but were dirt-cheap. Today they are extinct and people are forced to buy branded medicines which cost as high as Rs200 per tablet.” The same is the case with vaccines whose different brands have a huge cost difference.

An official in the Federal Health Ministry tells TNS registration of medicines has been done under the provisions of The Drug Act, 1976. It empowers governments to force companies to produce essential drugs in required quantities. The registration board, set up for this purpose, satisfies itself regarding safety, efficacy, quality and economy of the drug being registered. Right now, he says, there is confusion as the Drug Regulatory Authority (DRA) formed after 18th Amendment is not fully functional and has become a victim of conspiracies. It is proposed the pricing issue should also be dealt with by DRA.

Muhammad Asad, Chairman Pakistan Pharmaceutical Manufacturers’ Association (PPMA) and Chief Executive Global Pharmaceuticals, tells TNS the situation will improve soon as the government has revised prices of some medicines rationally.

 

 

   

 

 

 

conflict
Breaking the network
The implications of declaring the Haqqani network as a foreign terrorist organisation by the United States ...

The designation of the Haqqani network as a foreign terrorist organisation (FTO) by the United States seems to have shaken the group to its core. The designation comes immediately in the wake of the death of Badruddin Haqqani in a CIA drone attack. Although the death of Badruddin Haqqani is more a symbolic one, it is not likely to dent the terror and financial structure the group has built in the Af/Pak region and the Middle East.

However, the FTO designation by the United States will partly cripple the financial structure of the group, particularly in the Middle East. Consequently, the Haqqani network will have less room to maneuver, both in Pakistan and in the Middle East, but more in the Middle East. According to a Fata-based journalist, “There is no shortage of people who can replace Badruddin Haqqani but there are no countries that can replace the lost countries as a consequent of the FTO designation.”

Although the Haqqani network is considered part of the Taliban movement in Afghanistan, it keeps its identity intact within the Taliban movement. It also has independent ties with other militant groups such as the Lashkar-e-Taiba and the al Qaeda. According to a Pakistani newspaper description, “The network is, literally, a bit like a crime family. Lots of cousins and uncles dominate the top tiers of leadership, specialising in different roles, skills, regions and formations,” (Wajahat S. Khan, “Analysis: Netting Pakistan via Haqqani network,” The Tribune, September 8, 2012).

Although his brother, Sirajuddin, was considered senior to him in the network hierarchy, Badruddin was more involved in kidnappings and money extortion and operations in Afghanistan. He was in-charge of day-to-day operational preparatory details such as recruiting and training suicide bombers for southeastern Afghanistan including Kabul, says an official based in the tribal areas.

The Haqqani network is known to have wide range of legitimate and not so legitimate business interests in Pakistan and some Middle Eastern countries as well. There is no immediate threat to their business interests in Pakistan as Pakistan is determined not to abandon them. The reason is that the Haqqani network is the only Taliban sub-group which is ready to play Pakistan’s game in Afghanistan. The mainstream Taliban movement became disillusioned with Pakistan in the wake of the 9/11 terrorist attacks. In case the Taliban returned to power in Afghanistan, they are not likely to have excellent relations with Pakistan. For this reason, Pakistan would like to see and help the Haqqani network come into power if the Karzai government fails to stay in power at some point in future.

Although it had become quite clear more than a month ago that the United States was about to take action against the Haqqani network, Pakistan did not take any action. Neither were the Haqqanis worried. According to a Pakistani official, “They felt fairly assured about their business and financial interests in Pakistan. However, they have taken some preliminary steps to secure their interests and accounts in some Middle East countries.”

Pakistan believes that the FTO designation in the wake of Badruddin Haqqani’s death is meant to send a clearer message to Pakistan. It is commonly believed in Pakistan that high profile actions against the Haqqani network are basically aimed at entrapping Pakistan. “[The United States] could have taken these steps a long time ago but did not. The reason was that [the United States] wanted to work with Pakistan. Now, it makes a lot easier for the United States to designate Pakistan a state sponsoring terrorism,” a civilian official working on terrorism-related matters said.

Some officials predict that bad days are ahead for the Pakistan-US relations in the wake of the FTO designation of the Haqqani network. “Frankly speaking, any decision by the US to declare the Haqqani network a terror group will not be a good sign for future Pakistan-US relations. Any such decision will take the relationship back to square one, ruining the improvement seen in ties between the two countries during the last couple of months,” (The Tribune, September 7).

The FTO designation is likely to make any talks between the United States and the Haqqani network more difficult if not impossible. The two US actions have dimmed any hopes of talks between the United States and the network.

According to a Pakistani official, there was a section in the network which was supportive of the talks with the Americans and the Afghan government but the hopes have been dashed. The public statements of the Haqqani network also show that the group is ready to carry out reprisals. The Haqqani network commanders said that the FTO designation is likely to endanger a peaceful settlement of the Afghan conflict before the end of 2014. A Haqqani network commander has reportedly said that “the United States is not sincere in talks. They are on the one hand claiming to look for a political solution to the Afghan issue while on the other they are declaring us terrorists,” (Daily Times, September 8).

If the United States has hardened its position, the Haqqani network has also hardened its position. The US Sergeant Bowe Bergdahl may be the first casualty of the escalation of tension between the United States and the Haqqani network. A Haqqani network commander has reportedly said that the FTO designation “will also bring hardship for US Sergeant Bowe Bergdahl” who is in the custody of the network (Daily Times, September 8).”

In Pakistan, this is being interpreted as a serious threat to his life. The decision to designate the Haqqani network as a foreign terrorist organisation will put an end to any talk the two may have been holding, directly or indirectly. This is a clear signal that the Americans are weighing to declare a full war on the Haqqani network.

The writer is a US-based journalist and author of ‘Shadow War — The Untold Story of Jihad in Kashmir’

 

 

 

   

 

 

Call for segregation
The deplorable condition of jails are likely to turn  juveniles into hardened criminals

Twelve-year-old Arsalan ran away from his bleak life in a Faisalabad village to the big city of Lahore. He got a job of a dish washer at a roadside restaurant in the city, where he happily earned his meals. One day, he was severely beaten up by the restaurant owner for a minor act of negligence.

Arsalan (not real name) made another attempt to escape — and reached Minar-e-Pakistan, where he mingled with drug addicts and juvenile criminals. No wonder that soon he landed up in the juvenile ward (or ‘mundakhana’) of the Lahore jail with 40 cases of street crimes, including mobile and bike snatching.

A social worker spotted Arsalan in jail and took upon him the task of getting him released, on bail.

Currently, there are 800 to 900 child prisoners in Punjab jails and about 3000 prisoners across the country. The conditions inside jails are deplorable.

Juvenile criminals are usually disciplined in jails to become better citizens. Therefore, to prevent them from becoming hardened criminals, adult and juvenile criminals are segregated.

The United States introduced a separate justice system for juveniles over 110 years ago in 1899. The system acknowledges that child criminals can be guided to right path with a little effort.

However, in Pakistan, the Juvenile Justice System Ordinance was introduced in 2000. Twelve years on, its effectiveness is still questioned.

Punjab has two borstal prisons — one in Faisalabad and another in Bahawalpur. Imtiaz Cheema, an official of Society for the Protection of the Rights of the Child (Sparc), who often visits the mundakhanas says adult and child prisoners are kept together — “I have seen children sit behind bars, crossed-legged, with their identification cards hanging around their neck, looking like hardened criminals,” adding that the purpose of separate wards is to create an environment where children can be reformed. Further, “Girls and boys are kept together in jails,” he said.

“Rimsha Masih, accused in blasphemy case, was kept in the female ward of the Adiala Jail despite being a juvenile because prison facilities for girl prisoners simply do not exist,” he added.

Section 3 of the Juvenile Justice System Ordinance titled, ‘Legal Assistance’, iterates that every child criminal has the right to legal assistance at the expense of the state.

Section 4 titled ‘Juvenile Courts’ says provincial governments shall in consultation with chief justices of high courts may notify establishment of one or more juvenile courts through the official gazette.

“The absence of free legal aid and exclusive courts are the main problems being faced by juvenile suspects,” said Akbar Ali Shah, the official of an NGO working on child rights issues in Peshawar.

Shah said, “Our data shows 95 per cent of children are proven innocent after trial. Exclusive courts must be set up for juvenile criminals to avoid problems.”

Imtiaz Soomro, who has pursued cases of several juvenile prisoners in Adiala Jail, said free legal aid was the right of every accused child. He said during his visits to the Adiala Jail about a year ago, he received complaints from children of being sexually abused. “An official inquiry was conducted but their allegations proved wrong. But, you see, in the inhuman and oppressive atmosphere in jail, nothing can be ruled out.”

But, Punjab Inspector General (Prisons) Mian Farooq Nazeer said during his 22-year-long service, no such incident has been reported to him.

Soomro said though the current judicial policy instructs magistrates to visit prisons to pursue cases of child prisoners, still by no means should this be viewed as an alternative to exclusive courts for child criminals.

Talking to TNS, IG Nazeer said vocational training courses were arranged for juveniles in borstal jails of Faisalabad and Bahawalpur, along with informal and formal education. “Dozens of juvenile prisoners have sought employment in factories of Faisalabad after acquiring skills in jail,” he said.

In the juvenile jail of Faisalabad, he said, “indoor game facilities exist but due to shortage of the space outdoor games could not be offered”.

The inspector general said the juvenile prisoners wear uniform that are different from those worn by adult prisoners. “We considered the proposal on the jail staff abandoning uniform and wearing plain clothes but it was rejected for security reasons,” concluded the IG.

 

 

 

Sceptic’s Diary
Why mention facts if the agenda is political?

If YouTube, and all it makes possible, was among the list of heroes in the Arab Spring or Iran’s elections, today a single YouTube video has made the site a villain of the highest order. Democratisation of technology, quite clearly, has costs. If anything, this tells us that technologies may be morally neutral but their use doesn’t always have this characteristic.

The reaction in the Muslim world to the blasphemous film posted on YouTube has seen fires ignited by resentment — literally and metaphorically.

The reactions that we have seen were, quite sadly, predictable. The violence is premised on powerful emotions but this doesn’t make violence the rational response. It is no doubt important to assert how sensitive Muslims throughout the world are to speech disrespecting the person of the Holy Prophet. However, it must also be recognised that this sensitivity is and has often been used to perpetuate a discourse that has as much to do with politics as with religion.

Protests would have been legitimate as long as they were peaceful. Destruction of public and private property cannot be justified regardless of how many Pakistani columnists stress the love that Muslims feel for their religion. The need of the hour isn’t to focus on what is being said but on what is not being said.

Attacking US consulates and American citizens is not about religion — it has been and will always be about politics of hate. It is the hatred that gleefully receives any controversial statements about Islam since it allows the religious and political right in the Muslim world to throw their weight around.

The US government, including the White House, expressly denounced the blasphemous film. Law enforcement officials detained the film-maker for questioning. But no right wing leader in the Muslim world wants you to hear the facts — since the facts will take away the “fun” in destruction.

Calls for banning YouTube are just as silly. The trouble-makers in the Muslim world do not want the people on the streets to know that the internet is not an instrumentality that coerces you to watch things. You have the option of avoiding, quite easily, the material that you find offensive. Even better, platforms like YouTube allow you to make videos that can carry a response and can indeed go viral — therefore spreading your message and countering any offensive/hate speech with more speech.

But why paint facts when it is more convenient to burn American flags since that is what you have wanted to do all along?

Here is some irony: people who love burning the US flag and think they are being real rebels can burn the US flag in USA as well. The right to burn the American flag is speech protected by the US constitution.

Those expecting the US government to punish such conduct also need to understand certain things. The White House, in a rare move, asked Google to take down the video — a request that the company refused to comply with. Lest anyone think that this is an American conspiracy to injure Muslim sentiments, let us not forget that the Jews in the US have often had to watch as neo-Nazis marched through their neighborhoods. That was speech offensive to sentiments too. But why mention facts if your agenda is political?

What political leaders like Imran Khan do not tell you when discussing the allegedly discriminatory “Western” attitude towards Muslims is this: whereas some countries in Europe have criminalised Holocaust denial (to protect the sentiments of the Jewish people), the US does not criminalise any such speech. You can celebrate the Holocaust in that country and still get away with such speech. That is what Imran Khan lies about when he says “the West” should treat Jews and Muslims alike.

Here is my response: stop pretending that “the West” is a monolithic entity with a single policy. The US is treating Jews and Muslims alike — the government condemns speech offending religious sentiments but under the First Amendment it won’t punish it unless it meets strict tests. Now will Mr. Khan and the vocal right tell this to violent mobs or will they add fuel to the fire? Did I say this was political?

There is a plethora of websites that defame Islam and its personalities. Thousands of people everyday leave comments on the websites of newspapers and blogs that reflect nothing but hatred for and defamation of Islam. Will our response be to counter this with more, and rational, speech or should we now burn some American flags everyday since each day many instances of speech we find offensive go unpunished.

Imagine the amusement of anyone who hates Islam and has a cell phone. That person can insult our religion and its personalities everyday, record his speech on his phone camera and upload it while sending the entire Muslim world into a frenzy of mindless violence. And if your response is to ban YouTube or Google then how on earth do you expect to set the record straight?

There will be no shortage of people, especially media folks, who will justify such violence. But their agendas are clear; hide the facts and push up the ratings. The US government had nothing to do with this blasphemous film — the same way many of us don’t have anything to do with fake blasphemy cases targeting minorities or the beheadings of foreign citizens. The embassies, shops and cars burnt by mobs had nothing to do with this blasphemous film either.

While we shut out rationality and ban access to platforms that can facilitate a proper response, some idiot with a cell phone camera is laughing away at the power that he now has. So is the right wing leader in the Muslim world who has a fetish for torching the American flag.

There has to be a more rational way to solve this — and there is. All we need to do is ask some questions.

The writer is a Barrister and has a Masters degree from Harvard Law School. He is a practicing lawyer and currently also an Adjunct Professor of Jurisprudence at LUMS. He can be reached at wmir.rma@gmail.com or on Twitter @wordoflaw.

 

 

 

 

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