Battling trafficking
THE currency of human bondage, known as human trafficking, is the false promise of a better life through employment and even marriage in wealthy countries. Sadly, victims only realise that they have been trapped in a web of lies when they find themselves confronting forced labour, debt and sex work on foreign soil, which they have reached after treacherous journeys. Equally troubling is the fact that the sinister trade now exists at a considerable scale at a time of soaring inflation and joblessness in Pakistan. An enabling environment for the practice has also been shaped by apathy, corruption and the absence of institutional scrutiny. Although it took tragic events, including one that cost 300 Pakistani lives off Greek shores, for the FIA to launch the National Trafficking in Person hotline on Thursday, the facility to lodge complaints against human trafficking merits appreciation. Grievances registered at a specified number will be forwarded to the relevant police stations across Pakistan so that victims can be transferred to welfare departments. The initiative promises a long overdue synchronised approach.
However, complexities such as an ignorant and insensitive police force riddled with patrons of the business, either counts the vulnerable groups — women, children, illiterate men and refugees — as abductions, or refuses to record complaints. As a first step towards rectifying this fault, a deeper understanding of the crisis is needed, alongside consultations between the provincial and federal security apparatus on curbing human trafficking. Other than that, victim-oriented services, supported by mental health and rehabilitation programmes, are essential. The authorities must also avoid seeing victims, who have been uprooted by poverty and illiteracy, as criminals. Instead, empowering law enforcers with knowledge, technology, finances and a failsafe procedure to identify and penalise offenders should take precedence. Lastly, security services must have clarity about dealing with the elite sitting atop the trafficking pyramid.
Published in Dawn, December 16th, 2023
Hidden trials
THE special court hearing the high-profile cipher case has accepted a plea from the prosecution seeking in camera proceedings. Consequently, former premier Imran Khan and his foreign minister at the time, Shah Mahmood Qureshi, will now be tried behind closed doors. Of late, hearings were held in Adiala Jail where family members of the accused were able to attend. Now, while their presence may be allowed, they are forbidden from discussing the proceedings in person or on social media. While earlier, select reporters were allowed inside to cover the trial, now print, electronic, and social media all stand barred from reporting on the matter and will be subject to strict consequences under the Official Secrets Act if they do so. Section 14 of the Act, which was invoked by the prosecution, provides for the exclusion of the public from proceedings, but sentencing will take place in public. While it is undeniable that the case pertains to national security and merits caution, it cannot be ignored that Mr Khan and Mr Qureshi were high office bearers and, no matter their alleged offence, should be accorded fair treatment. The case has been nothing short of a roller coaster ride, with matters at one point going back to square one after the Islamabad High Court found the jail trial illegal. These very pages had expressed hopes that with a fresh start, things would proceed in a fair and transparent manner. This fresh development has put a damper on such hopes.
The court must consider that in such high-profile cases, proceedings held away from the media eye will only invite undue speculation and arouse suspicion. As it is, relatives have pointed out issues in procedure. Mr Qureshi’s daughter had questioned the manner in which Mr Khan and her father were recently re-indicted, claiming no formal framing of charges. PTI lawyer Sardar Latif Khosa also claimed that family and media members were unable to hear proceedings from where they were seated. That being said, parts of the trial that require discussion on contents of the cipher itself may certainly be held in camera to ensure secrecy. As is often repeated, justice must not only be done but also be seen to be done. The court must remember that true justice shines brightest when it is conducted under the unwavering gaze of a vigilant public.
Published in Dawn, December 16th, 2023
Polls on track
AFTER a brief but worrisome period in which it seemed general elections would be delayed indefinitely, Friday’s dramatic events appear to have reassured the nation that polls are on track, thanks to the Supreme Court’s timely decision.
The ECP had petitioned the apex court after it had on Thursday stopped the training of election staff apparently to comply with the Lahore High Court’s order suspending a notification appointing polling staff from the bureaucracy.
The SC bench, led by the chief justice of Pakistan, observed that the LHC had gone “well beyond” its jurisdiction and had acted “in undue haste” with reference to the PTI’s petition challenging the appointment of bureaucrats for election duties. The SC reminded all of its Nov 3 verdict, which states that “no one should be allowed to, on any pretext, derail democracy.”
Even before the ECP had applied the brakes to the election process, the rumour mill had been swirling with regard to delays to the Feb 8 polls. Sound bites from officials, politicians and commentators had been presented as ‘evidence’ that the polls would not be conducted as scheduled.
Moreover, some political actors had also tried to sow confusion; some had cited rising terror attacks, others the cold weather, to make a case for an indefinite delay.
Though the weather excuse borders on farcical, if some constituencies are affected by violence, by-polls can be held on these seats when the situation improves, though it is the state’s duty to provide a terror-free atmosphere for the conduct of elections.
Coming back to the case in the LHC, it was a bad idea for the PTI to move the court against the appointment of bureaucrats as returning officers and district returning officers, over fears that these individuals would facilitate ‘rigging.’ Strangely, bureaucrats were also appointed to help the ECP conduct the 2018 elections, which brought the PTI to power.
Moreover, when the judiciary is not interested in seconding its staffers to the ECP, what choice does the commission have but to requisition the bureaucracy for election duties? Furthermore, the LHC should have considered the bigger picture when issuing the order — the primacy of the constitutional requirement of elections.
We are already in constitutional limbo for failing to hold polls on time; this state of legal inertia cannot be allowed to continue indefinitely. No excuses should be provided by any side to justify further postponement of polls.
Though elections will not end our troubles overnight, the only solution to Pakistan’s myriad woes lies in democratic continuity, not ad hocism. Therefore, especially after the SC has clarified matters, it is hoped that no more impediments are placed in the way of timely, transparent and fair elections. Democracy cannot be held in abeyance as it was during long periods of dictatorial rule.
Published in Dawn, December 16th, 2023