Redefining the Law

By: Atty. Farooq Niazi
Delegate from Pakistan

Mr. Chairman,
ladies and gentlemen:

First of all, I would like to thank the organizers for inviting me to the Asian and Latin American Lawyers’ Conference.

In this gathering of ours, we are supposed to discuss the issue of disappearance and impunity. However, our problem is that we are always confined by definitions. We go to courts and let them define the statutes; where in fact, we have to create our own definitions, not only by the lawyers but by the people themselves. It should not be done by the lawyers alone, since oftentimes, they also suffer from shortsightedness.

Now we are talking about disappearances and impunity. But disappearances are perpetrated by the state, and if these are done by the State; and if these are done by the State, the State will naturally grant impunity and immunity to those who instigated them. Hence, we have to change the concept of the law – a concept that is more appropriate for the 21st century. But our definitions are those that we coined in the 20th century wherein power, authority and sovereignty are given to the State. If we really want to live in the 21st century, we must have this concept that sovereignty belongs to the people. Then, if this can be finally established, any one would have the right to go to court and demand an end to impunity.
 

Unless and until we have a new legal concept, our laws will continue to protect the interest of those who are already in power and ignore the greater interest of the people. At present, what we have is a jurisprudence that suits them. Moreover, the legal structures that we have today have all been inherited from our colonial rulers.

Of course, these would have overreaching political ramifications. If sovereignty belongs to the people, they must have an international court where they can file charges against perpetrators irrespective of national boundaries. In Latin America, they have already reached this point. But here in Asia, I am afraid that we still have a long way to go. Hence, unless we, Asians, change our concepts and the boundaries of national jurisdiction, we will not be able to finally end the struggle against disappearances.

Secondly, whenever we talk about human rights violations in Asia – no doubt – disappearances is one of the most heinous. But the question is: why do these occur? My answer is: because we have weak democratic institutions in Asia. That is the reason why the military plays a very significant role in many Asian States. And in order for us to win the battle against disappearances, we must have sturdy democratic institutions and fair democratic processes. In this regard, lawyers have a very important role to play. At this pint in time, we need lawyers with a revolutionary character, who would use the law as a weapon of the people and not as a protector of the elite.

Thank you.