ISLAMABAD: A lawmaker on Monday suggested to the government to address the issue of enforced disappearances otherwise it can become a matter of embarrassment for the country and the United Nations (UN) may also intervene.

Senator Karim Khawaja of the PPP was speaking at a meeting of the Senate Functional Committee on Human Rights. The committee discussed the issue and the progress made by the Commission of Inquiry on Enforced Disappearances.

“In 1972, the UN intervened in a similar issue in Chile and released thousands of people there. The UN did the same in Bosnia and even persons responsible for enforced disappearances were punished,” Mr Khawaja said.

“We should not go to such an extent at which the UN may have to intervene. The practice should be stopped as it is a matter of human rights,” he said.

National Commission for Human Rights (NCHR) Chairman retired Justice Ali Nawaz Chowhan said there was no definition of missing persons in Pakistan.

“It is the responsibility of the state to recover every missing person. Moreover, if agencies arrest citizens they should be tried in courts,” he said.

Justice Chowhan suggested that the UN Convention on Enforced Disappearances should be ratified and steps should be taken to ensure that every person is produced in the court after their arrest.

Committee Chairperson Nasreen Jalil of the MQM said there was no doubt about the involvement of intelligence agencies in enforced disappearances.

“However, it is regrettable that there is no representation of the Commission of Inquiry on Enforced Disappearances at the meeting. I was informed today that the chairman of the commission would not attend the meeting because of some other engagement. I would have cancelled the meeting had I been informed about it earlier. We hope that the chairman will attend the next meeting,” she said.

Senator Dr Jehanzeb Jamaldini said relatives of the missing persons should also be called to the committee meeting.

“In the National Action Plan it is clearly mentioned that a person will be produced in the court within 10 days of their arrest but it is not being implemented,” he said.

Senator Frhatullah Babar said there was a need for further legislation. He said in December 2016 as many as 104 senators had endorsed a draft of law on enforced disappearances and suggested that it should be passed.

“The impunity for persons involved in the disappearance of citizens should be repealed. A number of people went missing and were later released after being declared innocent. There are evidence against people who were responsible for it but they were not punished.”

Senator Babar said an inquiry report on enforced disappearances was prepared in 2012 but it could not be made public. He said the report should be made public.

Talking about the UN convention, the senator said a dialogue was started about ratifying the convention but some departments had an objection over its clause 26 which allowed the citizens to directly lodge a complaint with the UN which can then send its team to look into the complaint.

“I suggest that Pakistan should ratify the convention and if there is any objection over the clause it should be conveyed to the UN so that the clause would not be implemented,” he said.

A representative from the Foreign Ministry said the government was considering ratifying the convention on enforced disappearances.

Published in Dawn, September 26th, 2017