Military Operation Continues

as Taliban’s Sympathizers

Dwindle in Numbers

On April 13, 2009, all political

parties, barring the Karachi based Muta-

hidda Quami Movement (MQM), voted

for the parliamentary resolution calling

upon the President of Pakistan to ap-

prove the proposed Nizam-e-Adal Regu-

lations (NAR) 2009. On the same day,

President Zardari accorded approval for

the implementations of NAR in the

seven districts of the NWFP [1]. The

seven districts are Swat, Malakand, Up-

per and Lower Dir, Shangla, Buner and

Kohistan (Fig 1).

The enactment of NAR 2009

was followed by a public debate. Politi-

cians, the media and civil society pre-

sented arguments in favour and against

on the agreement through speeches, writ-

ings and in the cyberspace. The pro-

NAR people argued that the ultimatum

solution to militancy in the Swat region

lies in the implementation of Shariah

Laws - a long standing demand of the

Tehreek-Nifaz-e-Shariah- Muhammadi

(TNSM) (Movement for the Implemen-

tation of Islamic Laws). They argued

that since, its inception in 1989, TNSM,

has been vying and at times, agitating for

the enforcement of the Islamic laws with

some public support [2, 3]. They further

argued that citizens are susceptible to

extreme views when they are deprived

of their right to make their own choices.

Even parts of the Swati population,

reminiscent of its erstwhile speedy judi-

cial system when Swat was a princely

state, and suffering from the collateral

damage of the military operation, were

supportive of the provincial govern-

ment’s February 2009 peace deal with

the founder of the TNSM, Sufi Muham-

mad.[2, 4, 5]. The offer by the TNSM

leader to persuade the militants to lay

arms in return for the implementation of

Islamic laws was accepted by the pro-

vincial government and Taliban agreed

to renounce militancy on the condition

that Islamic laws will be adopted [6].

Events in Pakistan By Mohsin Malik

Events in Pakistan, as part of the CMSS Newsbrief Series focuses on developments in

contemporary Pakistan that are of regional or global significance.

May 2009 Issue 1

Post Nizam-e-Adal Regulations Scenario in Swat Region

CMSS NewsbriefEditor: Professor Samina Yasmeen

May 2009 Issue 1

other ideas.

District Buner lies in the south east of the Swat re-

gion and its people had foiled Swat militant’s pervious at-

tempts to enter their area. In-fact, there were armed clashes

between the local tribesmen and Taliban militants [9]. On

Aug 13 2008, Militants suffered heavy casualties and had to

retreat to their strong holds in the central Swat district of the

Swat region [10, 11]. On 28 Dec 2008, a suicide bomber

blew himself at a polling station in Buner and killed dozen of

innocent people casting their votes. Swat Taliban claimed the

responsibility and termed it as a revenge for their earlier

bloody retreat [12]. Militants were bound to lay down their

arms under the peace accord as NAR 2009 was in the process

of implementation. However, the militants not only main-

tained their arms but also tried to extend their influence over

adjoining areas like Buner. On 6th April 2009, hundreds of

militants entered Buner. The local tribesmen along with po-

licemen resisted and casualties were reported on both the

sides. However, this time around, militants overpowered the

local resistance and were successful in establishing a foot-

hold in the area [13-15]. Similarly, the militants sway and

activities in the adjoining district of Lower Dir was increas-

ing. On March 30, 2009, the District Police In-charge was

killed in a gun battle with the suspected militants [16]. There

were also reports of Taliban militants entering another ad-

joining district, Shangla [17]. Incidents like above created

the impression that the militants do not intend to lay down

their arms even after the promulgation of Nizam-e-Adal

Regulation (NAR) 2009 as they promised in the peace ac-

cord. There was also fear of them extending their influence

beyond Swat area.

Although, Sufi Muhammad denounces violence and

claims to believe in peaceful struggle, but his hard line ap-

proach adopted after the conclusion of the NAR made it in-

creasingly difficult for even the right leaning politicians and

journalists to defend him [18]. His repeated public utterances

that parliament and judiciary are un-islamic have been casti-

gated by all and sundry including the clergy. He along with

the Taliban appears to be fast losing support as many reli-

gious groups have started openly criticizing them [19-22].

This has been reflected in both the print and electronic media

Post Nizam-e-Adal Regulations Scenario in Swat Region

The connotation of Sharia or Islamic Laws may be

misleading but in essence, the Nizam-e-Adal regulation (NAR)

2009, accepted by TNSM as an embodiment of Sharia laws is

reported to be in line with the constitution of Pakistan. The

existing lower courts are to be replaced in Swat region by

courts, headed by Qazis, who would be judicial officers under

the administrative control of the Peshawar High Court. The

Regulation also empowers the executive magistrates to perform

judicial functions putting them under the administrative control

of District Magistrate or Zila Qazi. Qazis are required to seek

guidance from Quran and Sunnah for the purposes of proce-

dure and proceedings of conduct, resolution and decision of

cases. There is also a provision that the cases pertaining to the

minority sects are to be dealt in line with their interpretation of

Quran and Sunnah. The Qazi is also time bound to give deci-

sions after listening to the arguments of the defendants and

plaintiff. The decisions can be challenged in the superior judi-

ciary [7, 8]. The over all aim is to provide speedy justice at

minimum cost to common man. Swatis along with the rest of

the countrymen hoped that with the fulfilment of their core

demand of Shariah implementation, militants would disarm and

peace will be restored in the region. However, militants had

Figure 1. Districts of Pakistan

where previously, a sizeable section would call for peace

talks with Militants and would term military action an at-

tempt to appease Americans. Now, when the core demand

of militants has been fulfilled, there is a growing realiza-

tion that the state should enforce its writ and take on the

Taliban refusing to give up militancy. The Taliban, who

earlier had good relations with the media, have also felt the

change in their tone and on April 26, 2009 warned Swat

journalist to only report “Facts” causing further resentment

[23].

Counter insurgency operation in Swat started in

October 2007 with limited public support. However, Tali-

ban’s refusal to renounce militancy after the ratification of

NAR has alienated them and the military operation

launched in Lower Dir on 26th April 2009 against Taliban

had a wide public approval. The military operation was

extended to Buner on 29th April 2009 [24] and the Army

launched another operation in militant’s strong hold of

Swat district to reign in the rebellious Taliban on 6 May,

2009 [25] amid claims that at least 4000 militants have

been present. Pakistan forces have been advancing in Swat

region and within few days, the army managed to wrest

control of Daggar, Bagra, Jewar, Balandari Pass and Am-

bela heights in Buner, and Maidan in Lower Dir from the

militants. By 13 May 2009, the ISPR spokesperson, Gen

Athar Abbas was claiming major successes in Swat,

Shangla, Dir Lower and Buner. whereas 751 militants

were reportedly killed [26].

The new offensive started as Pakistan’s President

Zardari held meetings with Afghan President Karzai and

President Obama in Washington and reinforced his commit-

ment to eliminate the menace of military from his country.

While answering a question in a press conference, he said

that military operations against extremists would last until

normalcy returns to the troubled Swat Valley [27]. Simi-

larly, Pakistan Prime Minister announced in a speech on

May 7 2009 that the government will not bow before the

militants and terrorists but will force them to lay down their

weapons and will not compromise with them. He said he

had ordered the military to rid Swat and other areas of the

militants. The prime minister also appealed to the nation,

political leadership, civil society, religious leaders and all

the institutions of the country to lend their complete support

to the government and the armed forces for the cause of

Pakistan [28].

The operation, however, has resulted in the exodus

of more than 1.3 million from Swat and adjoining regions

who fled their houses in complete panic, leaving behind the

entire physical context of their existence [29, 30]. For now,

these internally displaced persons (IDPs) are totally depend-

ent upon aid for their survival. While the number of IDPs

may even increase further, the string of camps and food dis-

tribution centres setup by Pakistani government and relief

agencies are not nearly enough to accommodate all. The UN

High Commissioner for Refugees, Antonio Guterres, has

called for a massive aid operation to help those displaced in

Internally displaced people in Pakistan

The Centre for Muslim States and

Societies

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north-west Pakistan. While visiting

one of the makeshift camps he de-

scribed the situation as dramatic as the

conflict itself [31]. Prime Minister

Yousaf Raza Gilani has also appealed

to the foreign countries to help Paki-

stan deal with the human tide. United

Nations, United States and United

Kingdom have been quick to announce

emergency aid while Turkey, China

and Suadi Arabia also indicated their

willingness to help[32, 33]. However,

a lot more is required to enable 1.3

million people meet to get basic neces-

sities of life.

The military operation has been con-

ducted on the expectation that a wide

section of society would back it. The

length of the operation and rehabilita-

tion of the internally displaced refu-

gees will be critical in winning over

the hearts and minds of the local popu-

lace of the restive Swat region.

Experts fear that the support for

military action may go if the military

operation is stretched and the displaced

persons do not return to their homes

soon.

Meanwhile, the displaced per-

sons also need to be taken well care of

and it is imperative that the rest of the

world should come forward to help

Pakistan in its hour of need.

1. NA leads Zardari to sign Nizam-e-Adl Regulation, in The News. April 14, 2009.

2. Swatis are happy but the West isn’t, in The News. February 19, 2009.

3. Bahadur, K., Fundamental Uprising in Malakand In Pakistan, in Democracy in Pakistan: crises and conflicts. 1998,

Har-Anand Publications. p. 309-314.

4. Rallies staged to back Nizam-e-Adl, in The News. April 17, 2009.

5. Sufi leads peace rally to Taliban stronghold Matta, in The News. February 19 2009.

6. Nizam-e-Adl Regulation for Malakand, Kohistan announced, in The News. February 17, 2009.

7. Swat: Nizam-e-Adal Regulations, in Jang. April 17, 2009.

8. Special Report on Nizam-e-Adal Regulations 2009, in The News. April 26, 2009.

9. Buner: a hard place for the Taliban to crack, in The News. April 27, 2009.

10. People of three districts stand up against militants, in The News. August 16, 2008.

11. Two of six militants killed in Buner were from Mardan, in The News. August 16, 2008.

12. 35 killed in Buner car bomb attack, in The News. December 29, 2008.

13. 6 die as Taliban clash with locals and Police, in BBC Report - Internet Edition. April 7, 2009.

14. Taliban Refuse to Vacate Buner, in BBC Report - Internet Edition. April 8, 2009.

15. Pakistani Taliban expand influence beyond Swat, in The Christian Science Monitor - Internet Edition. April 15, 2009.

16. Militants ambush police van, kill five in Dir, in The News. April 2, 2009.

17. Taliban threaten Shangla lawyers, in The News. April 22, 2009.

18. Sufi Mohammed alienates his sympathizers, in The News. April 24, 2009.

19. Sufi might have been a little ‘Kafir’ too: Munawar, in The News. April 23, 2009.

20. Sufi is rebel of Shariah, Constitution, in The News. May 6, 2009.

21. Religious parties to agitate against Taliban, US, in The News. May 7, 2009.

22. Eight parties form alliance against Talibanisation, in The News May 9, 2009.

23. Taliban warn journalists of dire consequences, in The News. April 29, 2009.

24. Major offensive launched in Lower Dir, in The News. April 27, 2009.

25. 102 killed in Swat clashes, in The News. May 7, 2009.

26. Commandos land in Fazlullah stronghold, in The News. May 13, 2009.

27. Operation to last till normalcy restored, says Zardari, in The News. May 08, 2009.

28. PM declares all-out war against militants, in The News. May 8, 2009.

29. Pakistan Says 1.3 Million Flee Fight With Taliban, in The New York Times - Internet Edition. May 13, 2009.

30. Pakistan's 'displaced deluge', in BBC Report - Internet Edition. May 13, 2009.

31. UN calls for massive Pakistan aid, in BBC Report - Internet Edition. May 14, 2009.

32. China, S Arabia, Turkey, UK likely to offer aid for IDPs, in The News. May 13, 2009.

33. UK pledges £12 m for IDPs, in The News. May 14, 2009.

References