International Day of the Victims of Enforced Disappearances is being observed today throughout the world. Families of thousands of disappeared people march every year on this day with photos of their missing loved ones in their hands and hope in their hearts.
When the sole breadwinner is picked up, family of the disappeared suffer far more than acknowledged. In Pakistan, nearly 6000 people are still missing till this day. International organizations are calling enforced disappearances a long-standing stain on Pakistan’s human rights record.
On June 7, Minister for Human Rights Shireen Mazari introduced the Criminal Laws (Amendment) Act, 2021 in National Assembly. The bill proposes introduction of a new section for enforced disappearance into Pakistan Penal Code (PPC). The bill calls for ten years behind bars and fine as punishment for illegally forcibly disappearing a person and putting them outside the protection of the law. It also states enforced disappearance to be a non-bailable and non-compoundable offence.
A few days after the bill was presented in national assembly, United Nations’ Mandate of the Working Group of Enforced or Involuntary Disappearances wrote to Pakistan and suggested 25-40 years behind bars instead of a mere ten years penalty. It also asked the Pakistani government for an open and transparent parliamentary process as well as consultations with civil society and the affected families.
With all of its shortcomings, this draft bill at least codifies the crime and seeks accountability. As crucial as the bill in its nature is, it has been debated neither on the floor of parliament nor with key stakeholders. This puts a major question mark on the transparency of the bill. Since it has come much later than the state could afford, at least it ought to come right.
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