In its 2006 pledge to the Human Rights Council, Pakistan claimed that “[s]ustainable democracy and empowerment at grassroots level, through good governance, have been established at the local, provincial and national levels’. Yet, in the Pakistani province of Balochistan, a lack of democratic dialogue between the people and Pakistani authorities has meant two years of violence, widespread human rights abuses, mass internal displacement and the deaths of hundreds of civilians and armed personnel. 

Violation of human rights by both government services and armed rebel factions occurs daily in the province. Government forces believe they are acting to bring security and prosperity to the region while rebel groups consider themselves a resistance movement struggling for autonomy in the face of government neglect.  A December 2005 assassination attempt by Baloch militants has led General Musharraf to reiterate his determination to crush the rebel movement, arguing that many tribal leaders are resisting ‘development’ in order to secure power. 

General Musharraf has embarked on a military campaign against the 1,000 or so rebels, deploying over 36,000 Frontier Constabulary (FC) troops in Balochistan, in what tribal leader Attaullah Khan Mengal has described as an ‘undeclared war’. Despite the massive deployment of troops Pakistan has refused to label activities in Balochistan as anything more than a ‘law and order’ situation. Interior Minister Sherpao explained to the Senate that the government believed in dialogue, however he claimed that the use of force is necessary against “miscreants” and “furraris” (fugitives). 

The recent killing by Pakistani forces of veteran Baloch politician, Nawab Akbar Khan Bugti and resultant hostilities has highlighted the urgent need to seek a democratic solution to bring an end to the violence and human rights abuses. 

Political marginalisation 

Historically autonomous and culturally distinct from other areas of Pakistan, Balochistan has never sat happily in the Pakistan union of states. The province is rich in resources, including natural gas, coal and oil deposits fulfilling 50 percent of Pakistan’s energy needs.  Despite this, its sparse population of mostly tribal origins is amongst the poorest in the country. According to Pakistan’s Labour Force survey 2003-2004, urban unemployment is 12.5 percent in Balochistan, compared to 9.7 percent in Pakistan generally. The Baloch feel that the government has neglected them and disregarded their rights in the pursuit of national economic interest. Recent government plans to turn Balochistan into an international trading zone with a major seaport have exacerbated this perception. Central authorities argue that financial resources have been invested in the region, however the Pakistani daily The Dawn points out “projects such as the building of the Gwadar port, the building of cantonments and even new roads do not necessarily benefit ordinary Baloch.” 

Several unsuccessful attempts have been made to address the issues facing Balochistan by national politicians, including debates in the National Assembly and the Senate and a 2004-2005 inter-party parliamentary committee. The committee considered Baloch fears over development projects and military intervention in the province but the resulting report was not presented before Parliament, causing politicians, such as Hafiz Hussain Ahmed, to question ‘how serious the government is in addressing the issue’. 

Growing feelings of marginalisation in the region have resulted in opposition to the government and increasing support for an autonomous Balochistan. Opposition has been voiced both democratically and by using force to disrupt national development projects and energy distribution pipelines. In the absence of any effective means to address concerns, in the past two years at least three tribal groups have sabotaged infrastructure such as gas and water pipelines. Most recently the BBC reported that a gas pipeline 350 km from the state capital was blown up by Baloch rebels, causing widespread disruption to industry in Karachi and Balochistan itself. 

Human rights abuses  

Despite the lack of any official ‘State of Emergency’ in Balochistan, to date both Pakistani forces and rebel groups have used force that is often excessive, indiscriminate and in violation of Pakistan’s domestic and international human rights law obligations. 

The resort to violence by both sides has had tragic consequences. The Human Rights Commission of Pakistan (HRCP) report, Conflict in Balochistan, estimates that about 150 civilians were killed in violent outbreaks from March 2005 to January 2006. Additionally in one offensive in March 2005, the UN estimated that over 70 civilians were killed.  Civilian casualties have been further compounded by military blockades of tribal strongholds. In these areas, a total lack of medical care has greatly increased civilian mortality rates. 

In response to rebel violence the FC have launched air attacks against local camps housing suspected militants. Civilians in Dera Bugti reported “military and paramilitary troops usually encamp[ed] among civilian populations, to use them as ‘human shields’ against militants.” In another incident, after several Pakistani officers were killed in a mine explosion near the village of Pattar Nala, the FC raided local homes and killed fourteen men.   

Disappearances are also frequent. The Herald reported that there had been more than 6000 disappearances in Balochistan from the beginning of hostilities to late August 2006.   In the town of Dera Bugti alone there were an estimated 24 disappearances in 2005, although the figure may be higher, as “families are often hesitant to come forward because of threats by intelligence agencies warning them to remain silent.” 

Disappearances are contrary to the Pakistani constitution, which ensures the right to life and liberty in accordance with law; they are also in violation of Pakistan’s international obligations. When committed as part of a systematic attack against any civilian population, disappearances constitute a crime against humanity. Under customary international law States are also obliged to ensure that they do not aid disappearances by inadequate investigation. 

There have been several credible reports of widespread torture in Balochistan, including allegations of torture by Pakistan’s Inter Service Intelligence Service (ISI). These reports describe detainees being ‘taken to ISI secret torture cells and severely tortured continuously for five months.’  HRCP has commented that there appears to be “a network of private torture cells run by intelligence agencies throughout the country.” 

The Constitution of Pakistan provides partial protection against torture, requiring “no person… be subject to torture for the purpose of extracting evidence”. The prohibition on torture is a jus cogens norm of customary international law and as such applies in all circumstances and is enforceable against all States. Despite this, according to the HRCP, torture is “committed with impunity” in Balochistan as both the government and the courts have failed to take action to prevent the abuses. Pakistan’s voluntary pledges to the Human Rights Council included ‘work[ing] towards early ratification of CAT’. Perhaps a more meaningful pledge would be to first work towards ending the systematic and endemic torture and the impunity of security forces in Balochistan. 

Rebel violence 

The Pakistani security forces are not alone in committing human rights violations. In 2006, gunmen suspected of belonging to the Balochistan Liberation Army killed three Chinese engineers.  Thirteen people were killed in an alleged tribal violence linked bus explosion in February 2006.  Additionally tribal groups have been accused of planting landmines resulting in the deaths of at least three FC members. Nawab Akbar Bugti was alleged to have abducted eight police personnel, although he denied this allegation. Tribal Sardars (chiefs) have also been accused of maintaining private jails, and subjecting opponents to deliberate humiliation. 

The future 

The government has attempted to justify its military activities in Balochistan by labelling it a ‘law and order’ situation. Given the well-known underlying political and economic causes for the conflict, this explanation is clearly nothing but a smokescreen masking the reluctance of the central authorities to deal with the problems in Balochistan. No justification can be made for the human rights abuses carried out by government agencies in contravention of domestic and international law for which both the security forces and decision-makers ‘have remained completely unaccountable.’ 

The government’s confrontational approach and disregard for human rights has only heightened the tension already entrenched in Balochistan. While both sides bear responsibility for the violence and human rights abuses, the central government is clearly in the better position to effect a long-term resolution whether or not this means complying with the rebel demands. A democratically achieved solution is highly unlikely while military operations continue to violate human rights law.

 Human Rights Features