The objective of the seminar was to provide legal input to the relevant stakeholders on how the National Internal Security Policy could be operationalized through a futuristic legal framework that responded to the urgent situation on the ground while also ensuring the protection of fundamental rights.
In this regard, a detailed analysis of the Anti-Terrorism Act, 1997 (ATA) and the Protection of Pakistan Ordinance, 2013 (PPO) was conducted with a view to providing amendments to both these pieces of legislation.
Saadur Rehman Khan, Coordinator RSIL, moderated the seminar. Jamal Aziz, Research Fellow at RSIL, presented the existing legislature including its objectives and purpose. He noted the numerous hurdles to the implementation of the PPO and discussed areas that the PPO was silent on. He mentioned that serious revision of the Ordinance was required to make it effective and the ATA would have to be significantly modified to sit comfortably with the new legislation. He stated that the concept of ‘combatant enemy’ should be preferably deleted as it confuses the jurisprudence and unnecessarily confers additional rights to attack the State.
Muhammad Oves Anwar, Research Fellow at RSIL, presented solutions aimed at upgrading and modernizing the existing counter-terrorism legal regime. Detailed recommendations were provided which outlined a comprehensive legal framework for counter-terrorism operations, preventive detention mechanisms and special courts with the ultimate objective being the need to generate credibility and transparency in the criminal justice process.
The keynote speech was delivered by Ahmer Bilal Soofi, President RSIL and former caretaker Law Minister. Soofi stated that the government needed to coordinate the provisions of ATA and PPO so that the overlap is limited. He further stated that the concepts in the PPO should be viewed as a list of items that the government wants to work on although the language needed to be improved to bring it consonance with international law and constitutional standards.
He further stated that the state feels the stress of fighting terrorism in accordance with obligations under UN resolutions while at the same time adhering to human rights framework that are also binding on Pakistan. He stated that the Parliament and the PML-N government while finalizing the draft of the PPO needs to take into account this delicate balance.
Soofi further highlighted that numerous management and administrative steps could be taken without legislative changes. He further proposed that a detailed programme for de-radicalization be undertaken on the lines of the Sri Lanka model. Soofi also said that a detailed and authoritative view of the Supreme Court was awaited on the Laws of War and Peace as applicable to the conflict in Pakistan. There is also a need for the Supreme Court to elaborate on the limits of indemnity of military personnel and civil servants and also on the responsibility of journalists.
Soofi also stated that given the overlap of topics between the PPO and the ATA, the government may consider making the PPO an exhaustive law in its own right and consider repealing the ATA altogether. This, he noted, however, was an issue for Parliament to debate further.
Khawaja Zaheer, advisor to PM, was the chief guest. He welcomed the initiative by RSIL and said it will be useful for the government. He also pointed out that assistance to the Supreme Court should be improved on the above-referred matters so that the court is better equipped to give authoritative pronouncements on aspects of conflict in Pakistan.
The Seminar concluded with a positive exchange of views by various participants including Ejaz Haider, AVM (R) Shehzad Choudhary, Secretary Defence Asif Yasin Malik, and Prof. Sikander Ahmed Shah. Other participants included members of the Islamabad and Punjab police, Federal Investigation Agency, Ministry of Interior, Ministry of Law, Ministry of Defence and various other stakeholders.
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