The Pakistan government’s ban on the Pashtun Tahaffuz Movement (PTM) and the use of anti-terrorism laws to target activists and peaceful protesters from minority groups is an affront on the rights to freedom of association and peaceful assembly in the country, said Amnesty International today.
The PTM is a grassroots movement peacefully advocating for human rights of Pashtuns who have long been subjected to harassment and violence by the Pakistani authorities. On 6 October 2024, in a new government notification, the PTM was designated as a ‘proscribed organization’ by placing it under the First Schedule for ‘List of Proscribed Organizations’ of the Anti-Terrorism Act, 1997.
“The listing of the Pashtun Tahaffuz Movement as a proscribed organization, days ahead of their gathering scheduled on 11 October, is part of a systematic and relentless clampdown by the Pakistani authorities on peaceful protests and assemblies by dissenting groups. This latest arbitrary ban under over-broad powers of the terror law is only the tip of the iceberg – for years the Pakistani authorities have suppressed such movements from marginalized regions by resorting to unlawful use of force, enforced disappearances, and media bans on the coverage of protests or rallies,” said Babu Ram Pant, Amnesty International’s Deputy Regional Director for South Asia.
The Pakistan government must immediately course correct and put an end to the criminalization of peaceful protests and assemblies. It must stop its witch-hunt of dissenting groups on the basis of their ethnicity and reverse their decision designating PTM under the Anti-Terrorism Act
Babu Ram Pant, Amnesty International’s Deputy Regional Director for South Asia
Criminalizing dissent through anti-terror laws
Under the wide powers of the Anti-Terrorism Act (ATA), the Pakistan government can designate any organization as proscribed “on the basis of information received from any credible source.” However, the government has failed to provide any concrete evidence in this regard about the PTM. The Act also allows for the decision to be made ‘ex parte’, without a hearing or representations of those being proscribed.
Speaking with Amnesty International, Zubair Shah Agha, a member of the PTM’s Central Committee, said “there is a long and concerted effort to criminalize our movement through the Anti-Terrorism Act.”
Last month, it was revealed that at least 137 individuals had been listed as ‘prescribed persons’ under the ATA. This included many members of the PTM and Baloch activists belonging to the Baloch Yakjehti Committee (BYC), by mischaracterizing them as members of militant organizations. Speaking to Amnesty International, members of PTM and BYC in this list confirmed that they were not given any opportunity to challenge the same which has resulted in severe restrictions on their rights to privacy, freedom of movement and peaceful assembly.
Unlawful force, arbitrary arrests and detention
The ban comes days ahead of the Pashtun Qaumi Jirga (Pashtoon National Court), a gathering scheduled from 11 October in the Khyber District, citing “activities which are prejudicial to the peace and security of the country.”
Responding to this as a tactic often used by the Pakistani Government, Zubair said, “In the past, members of our movement have also been targeted under the Maintenance of Public Order (MPO) Ordinance before and after public gatherings.”
There is a long and concerted effort to criminalize our movement through the Anti-Terrorism Act.
Zubair Shah Agha, a member of the PTM’s Central Committee
On 1 and 2 October, authorities used teargas and firearms to dismantle a peaceful protest camp in Jamrud, Khyber district. Nearly 100 PTM activists have been arrested and detained since 1 October under the MPO. The MPO Ordinance allows for preventative detention and up to three years of imprisonment for ‘any speech that can cause fear or alarm to the public.’
Further, 16 students from University of Malakand, who were canvassing and preparing to join the PTM gathering, were arrested on 4 October under charges of obstructing a public official on duty, criminal conspiracy, breach of peace and ‘public mischief’ under the Pakistan Penal Code. PTM leader Ali Wazir remains under detention since 3 August 2024. Last week, he was released on bail but re-arrested from outside the jail despite the Lahore High Court declaring illegal his detention under the MPO.
“The Pakistan government must immediately course correct and put an end to the criminalization of peaceful protests and assemblies. It must stop its witch-hunt of dissenting groups on the basis of their ethnicity and reverse their decision designating PTM under the Anti-Terrorism Act,” said Babu Ram Pant. “Amnesty International urges the Pakistani authorities to respect the right to freedom of peaceful assembly and refrain from obstructing the Pashtun Qaumi Jirga. All PTM activists and supporters who have been arbitrarily detained and arrested must be immediately released.”