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UPDATE (Pakistan): New ordinances deprive press freedom; journalists systematically attacked

November 10, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Update on Urgent Appeal

10 November 2007

[RE: UG-008-2007: PAKISTAN: State sanctioned attack on justices, lawyers and activists challenging the emergency]
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UP-149-2007: PAKISTAN: New ordinances deprive press freedom; journalists systematically attacked

PAKISTAN: State of emergency; Denial of freedom of expression; threats and attack on media; absence of rule of law
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Dear friends,

Further to our previous appeals, the Asian Human Rights Commission (AHRC) has been informed that the freedom of the press has been denied through the two ordinances which the government has imposed regulating the media under the state of emergency. Journalists are systematically arrested, attacked and threatened with death by unknown callers, newspaper publications have been warned that their outlets would be shut down if they refused to comply with the new ordinances imposed. The equipment for printing and broadcasting by several media organization have also been seized by the government preventing from doing their jobs.

DETAILED INFORMATION:

Reports from the Pakistan Federal Union of Journalists (PFUJ) and other organizations of media houses, has reported that General Pervez Musharraf imposed the two ordinances effectively modifying the 2002 Press, Newspapers, News Agencies and Books Registration Ordinance which covers the print media; and the 2002 Pakistan Electronic Media Regulatory Authority Ordinance which covers the broadcast media.

These ordinances prohibit the media from:

1) Broadcasting video footage of suicide bombers or terrorists, or statements by militants and extremists;
2) Expressing opinions prejudicial to the ideology, sovereignty, integrity or security of Pakistan;
3) Inciting violence or hatred or any action prejudicial to maintenance of law and order;
4) Anything that brings the president, armed forces or state institutions into ridicule;
5) Refer to any matter that is sub-judice, and;
6) Broadcast anything that could be false or baseless.

The military government has taken sole discretion on deciding upon the merit of the supposed violations of this ordinance. The Constitution has already been suspended and the judges and lawyers either remain under house arrest or in detention (to see more UG-008-2007). It provides virtually no lawful remedies for any aggrieved media organization or journalists once accused of violating this ordinance.

Once these regulations are violated, the government has the power to take over control of the newspaper publication. It also gave authority to the Pakistan Electronic Media Regulatory Authority (PEMRA) to confiscate the equipment from the broadcast media. Three years imprisonment and an excessive fine of 10 million rupees (USD 165,150) would be imposed on the owners of newspaper publications and broadcast media if they are found violating the ordinance. The radio and television stations were also prohibited from signing broadcast agreements with foreign news media organizations without permission from PEMRA. Cable operators and distributors could also be imprisoned for one year if they violate these ordinances.

Two daily newspapers, Ausaf and Express Lahore, have already been served with notices for publishing news and photographs of demonstration against the emergency rule. The notices claimed that the content of news they published had incited hatred against the government which violates the ordinances. They were told to deposit their surety otherwise their newspaper publications would be shut down.

The government also prevented private television channels and radio stations even from broadcasting through the service of cable operators. The military and Pakistan Rangers, a paramilitary force, have also systematically threatened and intimidated the cable operators to prevent them from continuously broadcasting all over the country. The private broadcast channels have remained off the air and have ceased to operate since the state of emergency took effect in November 3.

The government has also ordered PEMRA to take immediate action against radio and television stations airing independent opinions and those criticizing the imposition of state of emergency. They have already attacked the two radio stations, the Mast FM 103 Karachi and FM90 Islamabad, and seized their broadcasting equipment. The PEMRA officials were accompanied by police and rangers. Other television stations: Geo, ARY, Dawn, V-tv, DIN and AAJ have also been attacked. In one instance, the PEMRA officials and the military have attempted to seize the OB Van of the AAJ television but the people who witnessed the incident resisted and were about to prevent them from doing so.

Those journalist and other persons from several media organizations, who have been earlier arrested and released after they posted their personal surety, were rearrested. Several offices of the channels mentioned above in the cities of Multan, Sukkur and Islamabad have also been targeted for systematic attack. Furthermore, the government is also not returning the equipment they have seized from these media organization nor were they allowed to resume their usual work without restrictions.

Twelve journalists were also arrested in the past two days. Among them were Mr. I. A. Rehman and Mr. Imtiaz Alam. Rehman is a prominent senior journalist there while Alam was the editor of an English newspaper, The News. Alam was also the bureau chief of the ARY Quetta. Five photojournalists and cameramen were also arrested while they were covering the street demonstrations against emergency rule. They were produced in court in handcuffs. The charges against them, however, are not yet known.

Editors and publishers of media organizations have also been also continuously threatened by anonymous callers using unregistered telephone numbers. One of whom, Shakeel–UR- Rehman, chairman of the Jang Group, has been informed by the intelligence agency that the operation of his organization would now be subjected to restrictions. Jang Group is one of the biggest media organizations. After defying their warnings, continuous threats on his life by unknown callers have already made on him. He was told by the caller threatening him that the entire office of Jang publications, including the Geo Television, would be blown up and that they should be ready for suicide bomb attacks.

In responding to pressures from the international community, media organizations and threats of a world wide protest by the International Union of Journalist and Pakistan Federal Union of Journalist, the government started calling each of the owners and management of media houses. However, the conditions that they have laid out in order for the media houses to resume their work, is that all the content of news that would be broadcast to the public must undergo screening by them.

Please refer to previous appeal and statements we have recently issued regarding the emergency rule in Pakistan below;

UG-008-2007: PAKISTAN: State sanctioned attack on justices, lawyers and activists challenging the emergency;
AS-261-2007: PAKISTAN: EMERGENCY - Purpose of courts is to scrutinise other parts of government, not serve as rubber stamps for petty dictators;
AS-259-2007: PAKISTAN: EMERGENCY - "Arrest" without criminal procedure and functioning courts is abduction.

For the latest news on Pakistan, please visit http://pakistan.ahrchk.net.

SUGGESTED ACTION:
Please write letters to the concerned international agencies below expressing your deep concern on the deprivation of press freedom and systematic attack on journalists calling for their urgent intervention.

You can also refer to our previous appeal (UG-008-2007) as a template in writing your letters, or the sample letter provided below.

To support this appeal, please click here:

Sample letter:

Dear ____________,

PAKISTAN: New ordinance deprived press freedom; journalists systematically attacked

Name of journalist arrested:
1. Mr. I. A. Rehman, a prominent senior journalist there
2. Mr. Imtiaz Alam, editor of an English newspaper, The News.
Name of journalist facing threats: Shakeel–UR- Rehman, chairman of the Jang Group, and his colleagues in their company
And several other journalist
Name of newspapers threatened with closure: Ausaf and Express Lahore
Name of radio stations who's attacked and equipments were seized: the Mast FM 103 Karachi and FM90 Islamabad

I am writing to express my deep concern regarding the conditions that the journalists and media organizations inside Pakistan are facing.

As you are aware, after the state of emergency was imposed on November 3, the military government adopted two ordinances which impose vast restrictions on journalists, print and broadcast organizations, which have made it impossible for them to freely practice their professions. Any form of protest, opinions or comments against the state of emergency presently in place has been prohibited by the ordinance.

The suspension of the Constitution has now denied the victims of human rights abuses any means of remedies. There are no longer existing independent courts that would address abuses by authorities there. High court and district court judges have been placed under house arrest, and thousands of lawyer remains in detention. The security forces have systematically and routinely attack journalists and media organizations covering news events there with impunity and sanctioned by the military government. They attack to suppress all forms of protest; and deprived the people of their rights to exercise of free speech.

Several journalists, editors and owner of private media organizations all over the country have already been arrested. Those journalists who are arrested and have posted surety for their temporary release have been rearrested. Those who refused to cooperate with the military government were subjected to continuous threats. Broadcast equipments of radio stations reporting streets demonstrations were confiscated to prevent them from broadcasting news events. Two newspaper publications have also been threatened with closure if they refused to comply with the ordinances.

The people inside and outside of Pakistan require your urgent and effective intervention. Appropriate actions must be taken to ensure that the journalists and other people are not subjected to attacks, particularly in lawful exercise of their freedom of speech and free press. They must be allowed to continue their work without fear of persecution and violence.

I urge you to put pressure on the government to refrain from systematically attacking and targeting the journalists and the people demonstrating against the emergency rule. The government as member states of the United Nations which recognize declaration of human rights must uphold respect to fundamental rights of their people. It must lift the state of emergency and restore the civilian institutions without further delay, particularly the judiciary, in order to effectively address the deepening crisis there.

It is shocking that the entire people who would speak against the state of emergency have virtually become targets by the security forces in Pakistan today. I urge you to take adequate actions promptly to avert unthinkable suffering that would be caused by the security forces on the people on the pretext of emergency rule. Your adequate intervention is necessary to protect and save the lives of the people there.

I trust that you take prompt action on this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Ban Ki-Moon
Secretary General
Office of the Spokesman for the Secretary General
United Nations
S-378 New York
NY 10017
USA
Tel: +1 212 963 5012
Fax: +1 212 963 7055 or 2155 (ATTN: SECRETARY GENERAL)
E-mail: ecu@un.org

2. Ms. Louise Arbour
High Commissioner
UN High Commission on Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax:  +41 22 917-9006 (ATTN: HIGH COMMISSIONER)

3. Mr. Doru Romulus Costea
President
UN Human Rights Council
c/o OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9012 (ATTN: PRESIDENT HUMAN RIGHTS COUNCIL)
E-mail: hrc@ohchr.org

4. Ms. Leila Zerrougui
Chairperson
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

6. Mr. Ambeyi Ligabo
Special Rapporteur on the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)

7. Homayoun Alizadeh
Regional Representative
OHCHR Regional Office for Southeast Asia
Room 601, Block A, 6th Floor
UN Building
Rajdamnern Nok Avenue
Bangkok, 10200
THAILAND
Tel: + 662 288 1496/ 1235
Fax: +662 288 3009
E-mail: ohchr.bangkok@un.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-149-2007
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.