Samina Mustafa
M.Phil Scholar
Silent Screams: Judiciary’s Mandate for Baluchistan’s Enforced Disappearances Crisis
The passage underscores the pressing demand for the state to confront and redress the longstanding grievances of the Baloch people, who have endured marginalization for an extended period. By framing the Balochistan issue not merely as a political conundrum but as a full-fledged humanitarian crisis, the text accentuates the profound and multifaceted challenges faced by the Baloch population. This portrayal seeks to evoke a sense of urgency and moral responsibility on the part of the state to address the human suffering and deprivation endured by the Baloch people.
The inclusion of statistics on enforced disappearances, particularly in the context of Balochistan, serves as a stark reminder of the gravity of the situation. The specific mention of 2,708 cases from Balochistan among the 9,967 cases received by the Commission of Inquiry on Enforced Disappearances up to August 2023 sheds light on the alarming scale of the issue. These numbers are not mere statistics but represent individual lives and families affected by a deeply distressing phenomenon, thereby amplifying the humanitarian dimension of the crisis.
By emphasizing the severity of enforced disappearances, the passage implies that the Baloch people are not only facing political repression but are enduring direct violations of their basic human rights. This perspective challenges the state to recognize and respond to the human suffering embedded in the crisis. The use of the term “crime against humanity” in the Supreme Court’s declaration adds a moral weight to the argument, suggesting that the issue goes beyond a local or regional problem, deserving global attention and condemnation.
In essence, the passage advocates for a paradigm shift in the state’s approach, urging it to move beyond viewing the Balochistan issue solely through a political lens. Instead, it urges a recognition of the profound humanitarian implications, demanding a response that addresses not just the political demands but also the fundamental rights and well-being of the Baloch people.
The text argues against suppressing ethnonationalist movements, emphasizing the counterproductive outcomes of deepening divisions and perpetuating violence. The changing dynamics in Balochistan’s current uprising, led by diverse urban, middle-class, and youth participants, including women, underscore the necessity for a comprehensive and inclusive strategy to address underlying issues and promote sustainable solutions. It urges a departure from traditional tactics, emphasizing the importance of recognizing and engaging with the evolving nature of the situation.
The recommended approach for the state is characterized by engagement rather than suppression, suggesting a shift toward constructive dialogue and acknowledgment of the legitimate grievances of the Baloch people. This proposed response recognizes that addressing the root causes of discontent is paramount for any lasting resolution. By advocating for engagement, the passage implies a willingness to open a channel of communication with the Baloch community, fostering an environment conducive to understanding and collaboration.
Acknowledging and addressing the grievances of the Baloch people is positioned as the initial and crucial step toward healing. This acknowledgment signifies a departure from a dismissive stance, recognizing the historical and contemporary challenges faced by the Baloch community. Addressing these grievances implies a commitment to rectify injustices, providing a foundation for building trust between the state and the Baloch people. This step is not just about acknowledging the existence of problems but actively working toward their resolution, demonstrating a genuine commitment to positive change.
Furthermore, the text advocates for the active inclusion of young, educated voices in the political process. This reflects an understanding that the youth often bring fresh perspectives and innovative ideas to the table. By emphasizing their involvement, the passage suggests a departure from traditional power structures and a recognition of the evolving demographics and aspirations of Balochistan. Allowing the young, educated population to play a role in shaping their political representation is seen as an essential aspect of true democracy, where diverse voices contribute to more comprehensive and representative decision-making.
The emphasis on democratic processes implies a desire for a political landscape where the Baloch people have a genuine say in choosing their representatives. This goes beyond mere participation and advocates for a system that allows for the democratic expression of the will of the people. It underlines the importance of empowering the Baloch population to actively shape their political destiny, fostering a sense of ownership and participation in the governance process.
The role of the judiciary in addressing enforced disappearances is indeed crucial and holds immense significance in upholding human rights and promoting justice. The Supreme Court’s declaration of enforced disappearances as a “crime against humanity” marks a significant step forward in recognizing the severity of such acts. However, it is widely acknowledged that more concrete actions are needed to translate this acknowledgment into tangible results and meaningful change.
Enforced disappearances involve the abduction or arrest of individuals by state or non-state actors, often followed by a refusal to acknowledge their whereabouts or fate. Such acts are not only blatant violations of individual rights but also strike at the core of the rule of law and the principles of justice. The judiciary, being a key pillar of any democratic society, plays a pivotal role in addressing these issues.
Judicial courage is paramount in this context. Judges must be willing to confront powerful entities and institutions, ensuring that justice is served without fear or favor. A proactive stance by the judiciary involves actively pursuing cases related to enforced disappearances, conducting thorough investigations, and holding perpetrators accountable. This proactive approach is essential for dismantling the culture of impunity that often surrounds such heinous acts.
Furthermore, the judiciary can contribute to meaningful change by ensuring that legal frameworks are in place to prevent enforced disappearances and by providing avenues for redress and compensation to victims and their families. This may involve reviewing and reforming existing laws, ensuring that they align with international human rights standards.
Judicial activism can extend beyond the courtroom. Judges can use their positions to raise awareness about the issue of enforced disappearances, fostering public discourse and encouraging a societal commitment to human rights. By doing so, they contribute to creating an environment that rejects impunity and supports the establishment of a just and accountable society.
International cooperation and collaboration are also vital. The judiciary can work with international organizations, human rights bodies, and other jurisdictions to share information, expertise, and best practices in addressing enforced disappearances. This collaborative approach enhances the effectiveness of judicial efforts and sends a powerful message that such crimes will not be tolerated globally.
Transparency and accountability within state institutions are emphasized, and the failure to address the root causes of the crisis, despite the creation of commissions and task forces, is highlighted. The text calls for the state to abandon outdated tactics and adopt a more inclusive and humane approach to governance. The urgency of building trust and understanding with the Baloch people is stressed, with a warning that delaying action increases the risk of permanent alienation.
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