Pakistan’s Efforts To Address Issue Of Missing Persons And Enforced Disappearances – OpEd

The fickle peace in Balochistan is of great importance to regional stability yet elements of regional security apparatus are involved in a desperate attempt to undermine it. There is an urgent need to distinguish between the issue of enforced disappearances and phenomena of missing persons. A sustained campaign to undermine the fragile peace in Balochistan is underway. The government has repeatedly denied any involvement in the disappearances, besides the courts that have looked into the issue. 

The case of missing persons is different from enforced disappearances in several ways. Missing persons may or may not be deprived of their liberty, and their fate or whereabouts may or may not be known by anyone. The underlying difference between the two phenomena is that enforced disappearances are a deliberate and systematic violation of human rights, while missing persons are not necessarily subjected to such abuse by stat entity. 

Enforced disappearances are often used as a strategy to spread terror within societies, silence dissent and opposition, and evade accountability and justice. Missing persons, however, do not pose a direct threat to the state or its interests.

In June 2021, the government introduced a bill in parliament to criminalize enforced disappearance and provide adequate remedies for the victims and their families. The bill was passed by the National Assembly in November 2021.

The government has also ratified the International Convention for the Protection of All Persons from Enforced Disappearance in December 2021, and enacted legislation that provides for issuing certificates of absence or death, granting compensation and rehabilitation, and facilitating access to legal aid and social services for the families of the missing persons.

The government’s efforts to address the issue of enforced disappearances are commendable, but not sufficient. It should also ensure that the bill on missing persons is passed by the Senate and implemented effectively. 

It should also establish an independent and effective mechanism to investigate and prosecute all cases of missing persons, and to ensure the release or fair trial of those who are still in custody. It should also provide support and assistance to the families of the missing persons, such as collecting and preserving DNA samples, maintaining databases and registries, and providing psychological counselling.

Both cases have a devastating impact on the individuals and their families, who suffer from uncertainty, anguish and trauma. However, missing persons also have a negative impact on the society and the rule of law, as they undermine the social fabric and trust in the institutions. They also hinder the development of a country, as they discourage civic participation and economic activity.

The problem is particularly acute in Balochistan, a restive province where a foreign funded separatist insurgency has been met with response from the security forces. However, these missing persons are often the members of the anti-state militant organizations. 

Missing persons have a devastating socio-economic impact on the victims and their families, as well as on the society at large. They deprive the victims of their rights to work, education, health, social security and an adequate standard of living. 

They also affect the livelihoods and well-being of their families, who often lose their main breadwinner or caregiver, and face difficulties in accessing basic services or obtaining legal recognition of their situation. They may also suffer from social stigma, discrimination and marginalization.

According to the UN Working Group on Enforced or Involuntary Disappearances, enforced disappearances also have a negative impact on the development of a country, as they undermine the social fabric and trust in the institutions. They create a climate of fear and insecurity that discourages civic participation and economic activity. They also hinder the achievement of the Sustainable Development Goals, especially those related to poverty reduction, gender equality, peace and justice.

Therefore, addressing the issue of enforced disappearances is not only a matter of human rights, but also of socio-economic justice and development. It requires a comprehensive approach that takes into account the economic, social and cultural rights of the victims and their families, as well as their civil and political rights. It also requires the involvement of all stakeholders, including the state, civil society, international organizations and donors.

The author is an independent researcher and Lecturer at National University of Modern Languages (NUML), Islamabad.