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National consensus & legal resolution on missing persons

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IN Pakistan, the issue of missing persons has been in the limelight ever since the beginning of the global war on terror. Indeed, this war has impacted the Pakistani State and its society more than any other country in the world. Seeing the outcome of this globally imposed war, it is safe to say that it was aimed to ruin the Pakistani State, its security institutions and, above all, its traditionally harmonized and resilient society. Nevertheless, despite spending trillions of USDs, the rival forces failed to implement their agendas. The credit goes to the Pakistani nation as a whole which stood behind its Military in the campaign to defeat this menace of terrorism. During the process of fighting this undesired global war against terrorism, Pakistan lost over 85000 people that included security forces personnel as well as civilians. In this prolonged war of over two decades, many Pakistani nationals disappeared and their families registered them as missing persons.

These missing persons included: (a) those killed while fighting against the State as a part of terrorist groups, (b) those moved to Afghanistan or other to fight against US and NATO forces, (c) those went abroad on self-exile, being wanted by law enforcement agencies, (d) those taken by hostile spying networks of rival powers for training purposes and (e) many proclaimed missing persons who are part of either terrorist outfits or sub-nationalist groups, fighting against their own motherland without the consent of their families. They are being used as explosives either through misleading religious motivations or else sub-nationalistic sentiments. Just for a few dollars they sell themselves to these brutal offenders, whose sole aim is to target the state and society of Pakistan.

In most of the cases, the families of these missing persons have been accusing the law enforcement agencies of Pakistan for the disappearances of their family members without solid evidence. Indeed, in few of the cases, the law enforcement agencies confessed to the arrests of those individuals who remained in their custody for the valid reasons of being suspects on various charges. But in most cases these accusations were fallacious, since many of these missing persons later appeared and rejoined their families from self-hidings or else came back from neighbouring states where they were taken for various undesired activities.

As revealed from the available data of law enforcement agencies and Commission of Inquiry on Enforced Disappearances (CoIoED), 78% cases (8015 out of 10,285) have been resolved in the last few years. There are currently 2270 cases (22%) unresolved of missing persons with CoIoED for which all out efforts are being made to resolve them. Indeed, this is a great success towards resolution of the issue of missing persons. It is an ongoing campaign and positive approach for the resolution of stated issue and state is doing its best.

Since the families of the missing persons have been facing serious financial issues apart from their loved ones, therefore, the Government of Pakistan has decided to compensate them through a financial package. Besides, the Government has initiated the ‘National Consensus and Legal Resolution (NCLR) of missing persons’ as it further strengthens the legal and protective measures to resolve the issue. This is a great step for the recovery and safety of all such people who are found missing on some account. However, until their recovery and resolution of the issues, “The Federal Government has decided to empathize with the grief of families of ‘persons missing’ for over five years.” Nevertheless, this initiative does not mean that the State or its institutions are accepting any responsibility for the missing persons.

Indeed, this is a sincere and maternal approach of the State, since the State is mother for all its citizens. As decided by the Government, while all out efforts are being made to trace the whereabouts of their loved ones, the families of these missing persons will get compensation of Rs. 2.5 million to meet their financial difficulties. It should be remembered that this is not compensation, rather a financial support/rehabilitation grant, an acknowledgment of the human suffering that transcends politics and ideologies. It is clearly understood by the Government that no amount of compensation can fill the void left by a missing family member. However, it is a humble attempt to alleviate, in some measure, the economic burdens that these families have faced over the years.

Indeed, the sanctity and security of life of every citizen in Pakistan is of paramount significance and as a State, Pakistan is responsible for ensuring this sacred duty. Keeping this in view, all policies are being framed to address the issue of missing persons in the shortest possible time. Pakistan has taken stringent measures to resolve the issue; over 78% cases have been resolved through Commission of Inquiry on Enforced Disappearances (CIED) while others are being resolved. All the national resources are being used for an amicable solution of the remaining issues. Initiation of National Consensus & Legal Resolution (NCLR) on Missing Persons will address all the grievances of the families of missing persons.

There is a need to ensure that the families of missing persons are not misled by various social media outlets that seek to create chaos in the country under the guise of addressing this issue. While the mode and procedure are being worked out, these efforts by the Government are highly appreciated. As promised by the Government, there will be a strengthening of legal and security measures and procedures for resolving the issue of missing persons in Pakistan. Indeed, as a State, Pakistan is like a mother to all its citizens. We must not allow hostile forces to exploit its internal issues for their vested interests.

— The writer is Professor of Politics and IR at International Islamic University, Islamabad.

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