Legislative Approach to combat extremism- Blog & Column – Daily Notable
The outbreak of violent protests in Lahore has unmasked the vulnerability of Pakistan in the hands of proscribed organizations.
The agitators of outlawed Tehreek-e-Labbaik Pakistan have shaken the security apparatus through unleashed violence and tumultuous uprising throughout the country especially in Lahore.
The Government of Pakistan has banned it but it still claims democratic legitimacy as it wields humongous electoral votes and 02 Provincial seats from Sindh. Despite this glaring fact, the state locked its horns with TLP and incurred innocent casualties and injuries of both LEAs and activists of TLP.
The Government of Pakistan took resort to Anti-terrorism act 1997 and proscribed the TLP as it goes; Under section 11B of the Anti-terrorism Act, the federal government has the power to proscribe or list an organization if it has “reason to believe that an organization is concerned in terrorism.” Section 11A stipulates that an organization is “concerned in terrorism” if it
(a) commits or participates in acts of terrorism; (b) prepares for terrorism; (c) promotes or encourages terrorism; (d) supports and assists any organization concerned with terrorism; (e) patronizes and assists in the incitement of hatred and contempt on religious, sectarian or ethnic lines that stir up disorder; (f) fails to expel from its ranks or ostracize those who commit acts of terrorism and presents them as heroic persons; or (g) is otherwise concerned in terrorism.
Pakistan has pursued both stringent military measures and soft rehabilitation measures to combat the menace and grisly face of terrorism but still seems entangled in the maelstrom of militancy.
The Anti-Terrorism Act (1997) is applicable to the entire country; combating extremism and terrorism is the sole responsibility of law enforcement agencies, and a number of special laws have been enacted to buttress the legal regime against miscreants.
Other special laws have supplemented the ATA, such as the Investigation for Fair Trial Act (2013) and Protection of Pakistan Act (2014). A constitutional amendment was passed in January 2015 to set up special military courts for dealing with terrorism cases for a period of two years.
In December 2001, the United Nation Security Council adopted resolution 1373. This UN resolution define the legislative framework which all member states must abide by, In order to combat terrorism.
The resolution focuses on requiring member states to stifle the funding, financing of terrorists.. Deny safe havens to miscreants who spread terror among public.
The prevention and detection of terrorist’s acts, eliminate factors contributing in the recruitment of terrorists and seizure of the supply of weapons by fair border management and effective picking system.
Provide early warning of terrorist acts to other states by unfaltered communication of information. The offenders who are involved in financing, preparing, planning and perpetrating terrorist’s acts etc bring them to justice.
Ubiquitous and immaculate border management to prevent the movement of militants across the borders.
UN secretary General Kofi Anan outlined the ‘five Ds’, which accentuates the point that UN member states should focus on to combat terrorism: The people should be dissuaded from committing violence and supporting the act of terrorism.
The terrorists should be denied the resources, means and logistics to carry out the acts of terrorism and militancy. The state should be discouraged and forbidden to support and endorse state sponsored terrorism.
The capacity building of state to fight against terrorist through the establishment of Counter terrorism forces, promulgating Anti terrorism laws and launching military measures to fight against terrorism.
Most democratic countries have legislation which limits the amount of time a person can be held in detention without charge. In Pakistan, secretary interior or any officer of BS-21 designated by Interior ministry is authorized to implement preventive detention of any person suspicious of anti-state doings or prejudice to the integrity,
security and defense of Pakistan for a period not exceeding 90 days (Anti-terrorism Act, 1997). Turkey can detain for 7.5 days, United states limits this time to 48 hours, Australia 12 days and U.K for 28 days.
The mainstreaming of banned religious outfits is an uphill and grueling task given the religious dichotomy and religion based terrorism.
Peace in Pakistan is subject to the mainstreaming of religious outfits. Religious organizations in Pakistan have been governing religious sentiments of the masses. People had been used on the name of religion without understanding the need of the hour and sensitivity of the situation.
Most of time, it happened that religious seminaries had given a command and their adherents blindly acted upon the command resultantly, many fatalities were happened.
It is foregone conclusion that the state should take judicious steps in dealing with violent agitators of TLP as they are organized and hold political and ideological representation throughout Pakistan.
If the ousting of French ambassador ushers relief in the country then the state should go for it as it was the pledge of Government to diffuse the turbulent situation some months ago.
The violent rhetoric is disastrous for both sides and peace deal should be conjured up to subside the violent and internecine protests.
The coercion, intimidation and reprisal are not the solution of present turmoil but rapprochement would bring peace and amity in Pakistan.
The mass surveillance is need of the hour to uproot the nefarious elements that have become festering sore to suppurate the homeland. – PUNA