In the last couple of days, Balochistan has been going through a dramatic stage: from Balochistan National Party-Mengal’s (BNP-M) chief, Akhtar Mengal’s resignation in the National Assembly (NA) to the introduction of a new legislation, empowering the law enforcement agencies to detain any person merely on the basis of suspicion (which was already in practice for decades, however, has been legalized in the state’s legal system); the inclusion of several names in the Fourth Schedule, or better name it the Exit Control List (ECL), to strengthening the fake encounters and other Baloch genocidal policies. The Child House (Balochistan Assembly) drama cannot be ignored either where two Members of Provincial Assembly (MPA), Asad Ali and Ali Mohammad Jatak went into a rough exchange of words, almost ready to physical fight. Neither could we oversee Anti-Narcotics Force’s (ANF) night raid at the Girls Hostel of University of Balochistan where they gathered the Baloch students in particular and lectured them to “respect and join” uniformed forces – or better say it a direct threat to the students’ security by profiling them in various means.
State once again verifies Balochistan’s colonial status when its colonial policies appear on surface. There is always a difference between a federating unit (province) and a colony. Deriving the concept of colonialism from the past, one knows the UN charter strongly advocates against the colonies and ask states to render them the choice of national self-determination if they fall under the criteria of having certain traits, or better say a nation; while a federating unit is an internal issue of a state for which the international community and the UN can only voice if human rights violations occur which is insufficient. Other than voicing, they can pressure the state to end the genocide through freezing loans or other supports – which is subject to the interests of the international community, including the UN, IMF, World Bank or the other relevant institutions.
On the other hand, national self-determination means a people, who fulfill the criteria of becoming a nation, have the right to choose who should rule them and how. This can be referred as the “choice to remain independent or sovereign in themselves. However, this right is only available as a remedy to those nations which are colonies and not a federating unit of a state-nation.
Though Balochistan is a colony and is treated accordingly, the state has showed it as a federating unit. Under the federation, the state claims it has rendered several authorities to the Balochistan Assembly for law-making on various areas excluding few federal departments like the military, communication, foreign affairs, etc. But in practical, no law has been made by the mentiond Assembly, neither could the legislations (made by whosoever) prove to be public-oriented or has ensured the very fundamental rights of the Baloch are justified. The very reason is the unfair, so-called elections. It is an established fact that no election, other than 1970 elections, has ever been on merit in the history of Pakistan. Same has been the case with Balochistan Assembly and the other Pakistan’s state houses. Therefore, they have never been loyal to the people because it is not the people who elect them, but ‘others’ who select them. When their loyalty finishes or weakens, or when the (others’) loyalty increases, the former ones are ousted and labelled as traitors and thee new ones become the ‘new loyals’. The process continues and goes on. This has further justified the fact that Balochistan is a colony.
When the notorious MPAs or MNAs from Balochistan enjoy the seats, jerks and privileges, they demand for more. For doing so, they are asked to do more in return. Then legislating anti-Baloch laws become their prime targets. Let’s take the example of the recent law of detaining ‘suspicious’ people without any accountability held on the law enforcement agencies. Before discussing it from the colonial eye, I would like to discuss the missing factor of accountability. This law is like rendering full authority to the LEAs to detain people on suspicion basis, but the factors or ingredients of being suspicion are always vague. It will not only violate a person’s right to free movement and enjoyment of the air of freedom, but empowers these institutions to excessively use the free hand of law. Because the term ‘suspicion’ is vague, it depends on these institutions to define it as they want to do it. They could use it as a tool for blackmailing or ransom, as has been the case of many in Balochistan. Unfortunately, no one can question them the grounds of suspicion or keeping a person with them illegally – and obviously torturing them, like they have been doing it for decades.
The other angle of the law is the colonial one. Legislating such a law does not only pose a colonial picture but also restrain the very fundamental human right of being heard. The practice of enforced disappearances is not a new one, for which Baloch activists have been voicing under the umbrella of the state’s own laws: but with the passing of this law, state has closed one of the most important doors of peaceful struggle. The ones, demanding for the rule of law, will be suppressed by the same law. Tomorrow, if the same people voice for enforced disappearances, they will be termed suspicious and detained openly and illegally – which will no more be called illegally but legal from state’s lenses. The recent inclusion of several activists’ name in the Fourth Schedule, including Sammi Deen Mohammad Baloch (the General Secretary of Voice for Baloch Missing Persons). This is how, a colonizer uses all its available forums to maintain a colony. This is the colonial justice system where everything belongs to the oppressor; the laws, the parliament, the courts, the media, the military, the civil institutions, and so forth.
A similar case is with Balochistan. Already divided into several portions, it stands oppressed. The people here live under the fear. From a child who knows the left and right of his hand to a man with one foot in grave and the other in the world, every Baloch knows they can be the next state target; not because they have done anything to hurt the state’s status quo but because they are part of the Baloch society. To curb these chances of being state victims, they had the peaceful mode of struggle, for which state has been working from dawn to dusk to close the ways. At such a stage, the last stage of resistance will definitely be the formula: every action has a direct reaction.
