Author: Asad Baig

On 1st January 2013, a man named Shan Dahar was killed in Larkana by unknown assailants. On 30th January, Bakhtajwar was targeted in Mardan, on 2nd March Ibrar Tanoli was shot dead in Abbotabad, on 22nd Apri Shahzad Iqbal in Mianwali, 28 August Abudur Rasool and Irshad Mastoi in Quetta, on 13th October, Nadeem Haider in Hafizabad and after two days Yaqoob Shahzad were all targeted and killed. On 5th November, Jewan Arain, a reporter with Dharti TV was shot and killed in Gambat, Sindh. Jewan was the 10th journalist to be killed in 2014 and the 100th to be killed in Pakistan since the year 2000.

With the exception of American journalist Daniel Pearl, the perpetuators of all the Pakistani journalists killed since 2000 roam free without consequence. Multiple international media watchdogs have, on a number of occasions, declared Pakistan as one of the most dangerous countries for journalists. Assassination is the worst form of censorship and with the snowballing incidents of murder it’s easy to establish the threat level and freedom threshold of Pakistan’s media. The most pertinent indicator of impunity is ‘convictions’ made in journalists’ murders – since the year 2000, out of almost 100 murders, only two cases seen some progress. Barely any of these cases, progress beyond the filing of an FIR (First Information Report); most go uninvestigated letting impunity prevail and perpetrators roam free. This atmosphere of lawlessness not only encourages the attacks on media and its practitioners, but it also safeguards the interests of those who are directly or indirectly involved in targeting the media.

Amin Yousaf, former General Secretary of Pakistan Federal Union of Journalists, says, “It’s impossible to get legal support in cases of threats and killing of journalists. Investigation and prosecution aside, not even an FIR has been registered in some cases. We have no legal protection at all. We have no resources to pursue the cases of slain journalists in the courts.”

Among the main causes of the lack of a legal follow up is the absence of a formal complainant in most cases. When a journalist is killed, his family automatically becomes more vulnerable to threats and pressures. Even when the slain journalist is a well-known one, like Saleem Shahzad, the families have been known to face intimidation and threats. There have been incidents of family members of journalists’ being targeted – the first one being Hayatullah, a journalist hailing from Federally Administered Tribal Areas (FATA) who was shot dead in 2006. In 2007, his widow was murdered by a targeted bomb blast outside her home. Daily Times reported that in an exclusive interview, she had accused individuals allegedly involved in Hayatullah’s murder. In 2012, a journalist from Balochistan lost two sons in a targeted attack. As with the journalists themselves, the killings of their family members did not lead to conclusive investigations and nobody has been convicted as yet. As this situation prevails, it is perhaps too much to expect the families of the slain journalists to follow through on the legal investigations.

Additionally, the victim’s family is usually unable to nominate an accused, leading to routine FIRs being registered against ‘unknown assailants’. According to Kamran Arif, co-chairperson Human Rights Commission of Pakistan, the investigative procedures in Pakistan are such that unless a specific suspect

is named, the investigations are usually stalled. Usually, it is not possible for victims’ friends or family to name specific suspects, especially when they themselves are vulnerable and at threat.

The continued targeting of journalists and media workers reflects heavily on the lack of political will to solve this problem. A look at the statics shows that more than 50% of the journalists have been killed during democratic regimes. Freedom of Expression is a constitutionally guaranteed right and a free and fair media, an important instrument of democratic development. The state is responsible for the life of each and every citizen of Pakistan, and in case of groups at risk, the responsibility on the state increases manifold. Looking at the casualty and impunity statistics, it is obvious that the state has failed in its responsibility. The states’ response to attacks on journalists has been extremely ad hoc – If the journalists’ targeting results in public outrage, investigative commission are formed. These commissions do not have the capacity or even the mandate to investigate the crime thoroughly and give convictions. Be it the commission formed after the attack on Hayatullah, Saleem Shahzad’s or Hamid Mir – the reports did not result in identification of the culprits or convictions. Without convictions, the crime prospers and the number of journalist casualties keeps rising.

What is then required is the creation of special legal mechanisms that can streamline the investigative processes that follow a journalists’ murder. Special legislative measures to protect media and journalists, is not a new concept. Various high-risk countries have tried and tested different set of media friendly policies, ranging from appointment of special prosecutors to dedicated investigative units. Among the most recent examples is Mexico. A high risk region for journalists, Mexico, has federalized crimes against journalists and introduced laws to protect journalists/human rights defenders and a Special Prosecutor’s Office for Crimes against Free Expression (FEADLE).

Hamid Mir, one of the few journalists who were lucky enough to survive an attempt on his life, feels that Pakistan’s media is dealing with a double edged sword, trying to balance national security and the inherent duty to report fairly. “We (Pakistan’s media) are stuck between a cross fire. On one side, there are religious extremist groups and on the other, there’s State – both of us are trying to dub us as either infidels or traitors but we are neither.” He feels this is an exceptional situation and as such calls for exceptional measures, “Other countries facing similar problems (as Pakistan) were able to bring in special legislation to ensure protection of journalists, likewise, Pakistan Government should bring forth a journalists’ safety bill and should appoint special legislators in Federal, Gilgit Baltistan and all four provinces.”

Civil society groups and journalist associations have long been advocating for such legislation. Pakistan Coalition on Media Safety, PCOMS has recently prepared a set of policy recommendations for the Government, highlighting requisite changes in national and provincial policies to ensure automated and effective responses to journalist murders. It is yet to be seen how the government responds to these, but one hopes that keeping the gravity of the situation in mind, government representatives would at least start a debate around these recommendations.

Since 2000, over 80 journalists have been killed, hundreds threatened, harassed, intimidated, abducted and attacked. Most of the cases go unregistered, and investigations for those that can even boast the basic FIR, are endlessly and sometimes deliberately delayed and perpetrators roam free. So, what is the reason behind the lack of legal follow-up of journalist murders?

“In case of a journalist’s killing, unless the family comes and charges a particular person, our criminal justice system completely fails. If the family of a victim nominates an accused, there is a chance of some investigations but otherwise none,” says Kamran Arif, a prominent lawyer and co-chair of Human Rights Commission of Pakistan (HRCP).

Journalist unions express similar helplessness. Amin Yousuf, General Secretary, Pakistan Federal Union of Journalists (PFUJ) says, “It’s impossible to get legal support in cases of threats and killing of journalists. Investigation and prosecution aside, not even an FIR has been registered in some cases. We have no legal protection at all. We have no resources to pursue the cases of slain journalists in the courts.”

Activists working on journalist safety issues have often lamented the lack of a supporting legal framework that allows journalists’ murders to be properly investigated. PFUJ also holds the same position: “We have no legal resources to pursue the cases of slain journalists in courts. What we need is a network of trained lawyers to help us reopen investigations and cope with regular proceedings.”

Saif-ul-Islam Saifi, President, Peshawar Press Club, deals with the reality of threats to journalists on daily basis. His province Khyber-Pakhtunkhwa is notorious for journalists being targeted. According to Saifi, “The current legal mechanisms and laws are not effective. The situation will not improve unless special measures are taken. There is a need for legislation for journalists’ safety without the usual complexities of current laws and the draft bill has to be prepared with all stakeholders on board.”

A special law to protect free journalism is not a new concept. Multiple high-risk countries have experimented with different models of designating a special prosecutor for journalist killings. Among the most recent examples is Mexico. A high risk region for journalists, Mexico, has recently federalised crimes against journalists and introduced laws to protect journalists/human rights defenders and a Special Prosecutor’s Office for Crimes against Free Expression (FEADLE). But while the Mexican government has been swift in introducing new mechanisms, international watchdogs have termed them ‘inadequate and ineffective’.

Can a similar model work in Pakistan? Kamran Arif of HRCP remains sceptical. “Prosecutors in our scheme of things don’t make a lot of difference; it’s the investigation which has to be almost completely in the hands of police. Part of the problem is a lack of will, but it’s also their lack of ability to investigate. The government has to be serious about it. There might be special investigators for killings but a special prosecutor might not be that effective,” he explains.

The futility of special measures for investigation and prosecution in the current set-up in Pakistan has been highlighted in the past. Hayat Ullah case is one example. “A high-level commission was formed to investigate his killing but its report, even after some years of its completion, has not been made public yet,” says Saifi.

The constitution of a special investigative commission to investigate the more recent Saleem Shahzad’s murder was touted as a giant step forward. However, the report did not go beyond hinting at a possible involvement of intelligence agencies but did not charge anyone in particular. Interior Minister Rehman Malik has often made public promises to the media to investigate journalists’ killings but has yet to deliver. It would appear that rather than a lack of legal procedures to conduct the investigation, it is a lack of political will that is creating a hindrance in a legal follow-up of threats to journalists.

Safdar Dawar, President, Tribal Union of Journalists, expresses concerns about the government’s commitment towards the cause. “In FATA, all governance systems are weak except for state agencies. It’s not in the interest of the government to investigate cases of targeting journalists, for they will prove either the incompetence of security forces or the involvement of agencies themselves,” he says.

Looking at the perspectives of journalist leaders and human rights defenders one can conclude that while having a special law for journalists might be one of the most potent solutions but till we get there, the investigations and prosecution has to be done within the mainstream legal system. As Kamran Arif puts it, “We need to strengthen and make functional what is already there through resource allocation and determination of government to solve these cases.”

*Originally published in The News on Sunday

The following are remarks made by the Balochistan information minister, Abdul Rahim Ziaratwal, at a public dialogue on media safety at a meeting of Pakistan Coalition on Media Safety (PCOMS) in Quetta on November 15, 2014 – Courtesy Freedom Network

People have a right to freedom of expression and this right needs to be respected. For this to happen we need to support efforts to promote tolerance in society. Considering that ours is a country embroiled in conflicts this is understandably difficult to do but all the more important.

Past policies to disrespect pluralisms are to blame for fanning of conflict. This larger climate of conflict is also why journalists in Balochistan have become unfortunate victims. They find themselves caught among forces that are causing them harm. This must change.

Lies and half-truths take the place of truth and chaos in the place of order in an environment where violence is commonplace. This is also hurting communities such as journalists. The government of Balochistan is

The government will do all it can to provide safety for journalists in the province. This can be done through provision of resources and access to systems such as law enforcement – but clearly this is not enough. But we are willing to do all we can to change this by doing more. If this requires the need to change laws or bring new laws, the Balochistan government is willing to do this. But we need to sit down and talk with the journalists so that we can come up with agreeable solutions that can help journalists.

We acknowledge the state of insecurity plaguing journalists. We will sit down with the media community to determine ways of collaborating effectively to reduce risks to journalists in Balochistan. The government of Chief Minister Dr Abdul Malik fully supports the demand for greater engagement from the government with the journalists on the issue of safety of journalists. In tandem with the journalists’ community we will make forward movement on investigating attacks on journalists and providing justice to them.

We acknowledge that the media and journalists’ community is an important stakeholder in the project of developing a strong, peaceful and progressive society. The journalists and political parties and the government of Balochistan share with the journalists a common goal of strengthening democracy, promoting tolerance and focusing on development. We express solidarity with the journalists’ in Balochistan in the travails they face and offer commitment and assurance that we will work together to address these problems.