Hate crime legislation

By: Farahnaz Ispahani

Pakistan has become a brutal place to live, especially if you are a member of a religious minority. Most observers agree that the country is being swept by a rising tide of hate encouraged by unbridled hate speech. Hate speech is defined as any spoken or physical action that negatively targets a person or group of people based on their ethnicity, gender or religion.

Several countries have dealt with hate by introducing laws that enhance penalties for crimes if they are motivated by racial, gender or religious hatred. Pakistan, too, needs to implement laws that discourage the whipping up of hateful religious sentiments. While researching a private members bill to be introduced in the National Assembly of Pakistan on hate crimes and hate speech, I noticed that the issue of preventing incitement had been addressed by several articles of the Pakistan Penal Code, which dates back to 1860. The adhoc introduction of ostensibly religion-based ordinances by dictators has significantly altered Pakistan’s legal edifice, adding parallel  ‘Islamic’ provisions to the pre-partition criminal justice system. In some cases, the new superstructure has weakened the foundations of a more tolerant and pluralist society that could be ensured under the original scheme of things.

The Pakistan Penal Code is fairly rigorous on the subject of hate crimes of all kind. However, we have two serious and pressing issues. Firstly, contradictory laws like the blasphemy laws challenge the ability to prosecute under the Pakistan Penal Code and secondly, over the decades, we have seen less and less implementation of the Penal Code as in the protection of rights of our minority citizens.

Article 153-A of the Penal Code prescribes punishments for promoting “enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities”. If implemented effectively, it could be the basis for prosecuting extremists who encourage religious hatred, particularly those whose  ‘malicious intent’ is clear.

Benazir Bhutto on Pakistan’s Military Establishment and how the Generals undermine Democracy

From Syed Ali Dayan Hasan in London

The security apparatus has run amok

In her most candid interview since 1988, Benazir Bhutto, twice elected prime minister of Pakistan, reveals the extent to which successive civilian governments have been held hostage, and destabilised, by the ‘securityapparatus’ of the military. Bhutto, chairperson of the PPP — the single largest political party of the country — explains the helplessness of civilian governments in the face of Intelligence-inspired disinformation on the one hand, and ideologically motivated illegal activities of ‘rogue elements’ of the army on the other. She argues that the security apparatus of the country is out of control and that no government can hope to function smoothly unless these elements are brought under a formalised command structure that prevents them from taking on the role of a state within a state. There is much evidence to support Bhutto’s claims, including that of her adversaries — General Aslam Beg, General Hameed Gul and General Asad Durrani — all of whom conspired against civilian governments and have repeatedly gone on record to admit as much. “Blaming politicians alone for tarnishing democracy is actually less than half the story,” argues Bhutto. Here, she explains why.

Q. What do you think is the basic problem with civil-military relations?

A. The inability of the military tobow before the people’s will.

Q. Why is that?

A. The military’s view on security and government is at variance with the popular will. Pakistan is a federation but the armed forces distrust provincial units. They are scared of giving up power.

Q. So, what is the solution to this impasse in civil-military relations?

A. Either we have democracy or dictatorship. The military seeks a dictatorship or a controlled democracy to continue with their security agenda. They need the centralised state and a diversion of resources for that security agenda. For the first time, they are realising the difficulty of running the ship of state. I believe the solution lies in democracy and devolution. We should return to the roots of the Quaid. He founded Pakistan on the principles of federalism, autonomy and freedom. If we revert to this dream, we might devolve more power but we will be more secure.

Q. How has the army managed to present a discredited image of political figures, including you?

A. I dispute that they have succeeded but I agree that they have tried. There are two factors that explain this. One, political institutions are weak and have financial resources and organisational ability. Also, they are unable to communicate freely with the masses. This is because genuine political forces have been continually hunted by the establishment, and when you are constantly hunted, you have little time to organise. Second, because the army does give power to some politicians, it has divided the civilian popular base by holding out to those who cannot win — the promise of power without legitimacy.

Q. You have presided twice over a controlled democracy.What have you learnt from the experience?

A. There is a tendency in Pakistan, due to military dictatorships and one-man rule, to think that one person can make allthe difference. But in a democratic system, it is not just one person that makes a difference. A democratic, such as myself, functions within the confines of the constitution. We need a civic consensus on what a constitution should be and what constitutes freedom and plurality. I had to work on the mandate I was given and that is why I say that we did not achieve much. I had to work with the 8th amendment and a president who could sack the prime minister. In other words, some elements in the intelligence agencies used the president when they felt I was becoming too powerful. They never allowed us enough time to elect members of the senate which would have made my party — and the democratic forces — stronger. The real solution lies not with any individual. I can only give a clarion call. Then it depends on the masses whether they rally around that call to say that they want a constitution based on the supremacy of the will of the people and that the prime minister and parliament must determine national security and not the military.

Q. But then, if you had commanded a two-thirds majority and could have amended the constitution, a coup would have taken place against you ….

Read more » Scribd

http://www.scribd.com/doc/78809888/Benazir-Bhutto-on-Pakistan-s-Military-Establishment-and-how-the-Generals-undermine-Democracy#source:facebook