21st National Action Plan

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National Action Plan

OVERVIEW:
The National Action Plan was established by the Government of Pakistan in December 2014 as a
comprehensive and coordinated strategy to combat terrorism in the country. It was formulated
in response to the heinous attack on the Army Public School in Peshawar, which resulted in the
loss of more than 130 innocent lives, mostly children. The attack shocked the nation and led to
widespread public outrage, demanding swift and decisive action against terrorists and extremist
organizations.

The NAP aimed to supplement the ongoing anti-terrorist offensive in the Federally Administered
Tribal Areas (FATA) and address the growing menace of terrorism across the country. It received
unprecedented levels of support and cooperation from political parties at the federal and
provincial levels, showcasing a united front against terrorism.

The plan encompassed both foreign and domestic policy initiatives, with a focus on cracking
down on proscribed organizations and eliminating their presence in Pakistan. One of the
significant measures introduced under the NAP was the Twenty-first Amendment to the
Constitution of Pakistan. This amendment provided the legal framework for the establishment
of speedy trial military courts to handle cases related to terrorism. The military courts were
aimed at ensuring swift justice and expediting the trial process, considering the gravity of
terrorist offenses.

Additionally, the NAP led to the resumption of capital punishment in Pakistan, which had
previously been under a moratorium. This move aimed to act as a deterrent against terrorist
activities. The plan also mandated the re-verification of all subscribers of mobile telephony
through fingerprint recognition, enhancing security measures and facilitating the tracking of
individuals involved in illegal activities.

The NAP recognized the importance of international cooperation in countering terrorism and
authorized various ministries, including the Foreign and Finance Ministries, to collaborate with
friendly Muslim countries to clamp down on the financiers of sectarian and terrorist networks
operating against Pakistan. This aspect emphasized the need for concerted efforts at the
regional and global levels to disrupt the financial networks supporting terrorist activities.

In summary, the National Action Plan was a significant step taken by the Government of
Pakistan to combat terrorism and address the challenges posed by extremist organizations. It
received broad political support and involved a range of domestic and foreign policy initiatives.
The establishment of military courts, resumption of capital punishment, and the focus on
international cooperation were some of the key features of the NAP. However, the long-term
effectiveness and impact of the plan have been subject to ongoing evaluations and discussions,
with a recognition of the need for continuous adaptation and comprehensive approaches to
counter the root causes of terrorism.

Background:
On December 16, 2014, a horrific
terrorist attack took place at the
Army Public School in Peshawar,
Pakistan. The attack was carried
out by six gunmen who were
affiliated with the Tehrik-i-Taliban
Pakistan (TTP), an extremist
organization. The gunmen,
consisting of one Chechen, three
Arabs, and two Afghans, entered the school premises and unleashed a brutal assault on the
staff and students.

The attackers targeted both school staff and children, resulting in the tragic loss of 145 lives.
Among the victims were 132 schoolchildren, ranging from eight to eighteen years of age. The
attack sent shockwaves across the nation and deeply impacted the collective psyche of the
Pakistani people.

In response to this horrifying incident, the Pakistani Army's Special Services Group (SSG) swiftly
launched a rescue operation. The SSG, renowned for its expertise in counterterrorism
operations, engaged the terrorists, neutralizing all six gunmen. The successful operation
resulted in the rescue of 960 individuals who had been trapped in the school during the attack.

The attack on the Army Public School in Peshawar was a deeply traumatic event for the nation.
The deliberate targeting of innocent children sparked outrage and grief, prompting a collective
determination to take decisive action against terrorism. The incident served as a wake-up call,
highlighting the urgent need for a comprehensive strategy to counter extremism and terrorism
in Pakistan.

The National Action Plan (NAP) was introduced in the aftermath of the Peshawar school attack
as a comprehensive response to the growing threat of terrorism. The attack underscored the
need for a coordinated effort involving various stakeholders, including the government, military,
intelligence agencies, and the public, to effectively address the root causes of extremism and
enhance security measures.

The tragic events at the Army Public School in Peshawar remain a painful memory for the
Pakistani people. The attack served as a catalyst for significant changes in the country's
approach to countering terrorism, including the implementation of the National Action Plan and
the subsequent 21st Amendment. These measures aimed to prevent future incidents and
ensure the safety and well-being of the population, particularly children who are the future of
the nation.

Establishment:
On December 24, 2014, a political parties conference was held in Pakistan, chaired by the Prime
Minister at the time, to address the issue of terrorism in the country. During the conference,
consensus was reached among the political parties on the establishment of military courts to
effectively handle terrorism cases. In addition to the military courts, a comprehensive plan to
tackle terrorism, known as the National Action Plan (NAP), was formulated.

The Prime Minister addressed the nation in a televised speech on the same day, announcing the
National Action Plan as a crucial step in dealing with terrorism in Pakistan. The plan was
developed based on the decisions taken during the All Parties Conference (APC), where
representatives from various political parties participated. To ensure the implementation and
coordination of the plan, the Prime Minister established the National Action Committee, which
included members from all political parties.
The National Action Plan outlined a series of measures and strategies to counter terrorism
effectively. The specific points of the plan were decided during the APC discussions. The plan
aimed to address the root causes of terrorism, enhance security measures, and eliminate
terrorist organizations from Pakistan.
During the political parties conference, different parties expressed their views on the plan and
its associated legislation. The Pakistan Tehreek-e-Insaaf (PTI) participated in the conference,
calling off their protests. However, during the voting on the bill and amendment related to the
establishment of military courts, the PTI abstained from voting. Jamiat Ulema-e Islam (F) (JUI F)
and Jamaat-e-Islami (JI) also abstained from voting, expressing concerns over specific
terminology used in the bill. The Pakistan Peoples Party (PPP) and Awami National Party (ANP)
voted in favor of the bill and amendment.
The establishment of the National Action Plan and the consensus reached among political
parties marked a significant moment in Pakistan's efforts to combat terrorism. The plan aimed
to unite different political factions in the fight against terrorism and create a comprehensive
framework to address the issue. However, the differing opinions and abstentions during the
voting process also highlighted the challenges and disagreements that existed within the
political landscape regarding certain aspects of the plan.

Plan:
The National Action Plan (NAP) included various measures and strategies to address the issue of
terrorism in Pakistan. Here is a detailed explanation of the key points outlined in the plan:
1. Execution of Convicted Extremists:
The government decided to proceed with the execution of extremists who had been
convicted in terrorism-related cases. This step aimed to demonstrate a strong response
to terrorism and deter potential terrorists.

2. Establishment of Special Courts:


Special courts, headed by armed forces officers, were established for the speedy trial of
terrorists. These courts were set up for a term of two years to ensure swift justice and
accountability in terrorism cases.

3. Prohibition of Armed Militias:


The formation of armed militias within the country was strictly prohibited. This measure
aimed to prevent the formation and proliferation of non-state armed groups that could
contribute to violence and terrorism.

4. Revival of National Counter Terrorism Authority (NACTA):


The NAP emphasized the revival and effectiveness of the National Counter Terrorism
Authority. NACTA plays a crucial role in coordinating and implementing counterterrorism
efforts at the national level.

5. Crackdown on Hate Speech:


A comprehensive crackdown on hate speech was initiated, and action was taken against
newspapers, magazines, and other media platforms that contributed to the spread of
such speech. This measure aimed to counter extremist ideologies and promote
tolerance and social harmony.

6. Disruption of Terrorist Financing:


Measures were taken to cut off the financial sources of terrorists and terrorist
organizations. This involved identifying and dismantling their funding networks and
taking strict action against those involved in illegal financing activities.

7. Prevention of Banned Outfits Operating Under Different Names:


Banned outfits were not allowed to operate under different names or front
organizations. This measure aimed to prevent the reemergence of banned groups
through rebranding or disguised activities.

8. Formation of Special Anti-Terrorism Force:


A special anti-terrorism force was established to enhance the capacity and effectiveness
of law enforcement agencies in dealing with terrorism-related incidents.

9. Measures against Religious Extremism and Protection of Minorities:


Steps were taken to curb religious extremism and protect the rights and security of
minority communities. This involved promoting interfaith harmony, addressing extremist
ideologies, and ensuring the safety of religious minorities.

10. Regulation and Reform of Madrassas:


Madrassas (religious seminaries) were targeted for regulation and reform. Efforts were
made to bring madrassas under a regulatory framework to prevent their misuse as
breeding grounds for extremism and terrorism.

11. Media Restrictions on Terrorists:


Print and electronic media were prohibited from giving any space or coverage to
terrorists or their propaganda. This measure aimed to limit the dissemination of
extremist ideologies and prevent the glorification of terrorists.

12. Rehabilitation and Development in FATA:


Rehabilitation of internally displaced persons (IDPs) and development reforms in the
Federally Administered Tribal Areas (FATA) were prioritized. Efforts were made to ensure
the return and resettlement of IDPs and expedite administrative and development
reforms in the region.

13. Disruption of Communication Systems:


The communication systems used by terrorist organizations were targeted and
destroyed. This involved dismantling their networks and infrastructure to disrupt their
coordination and planning capabilities.
14. Regulation of Social Media and the Internet:
Steps were taken to prevent terrorists from using social media and the internet to
spread propaganda and hate speech. Exact processes and measures for this purpose
were to be finalized.

15. Extremism-Free Punjab:


The NAP emphasized that no space would be given to extremism in any part of the
Punjab province, signaling a comprehensive approach to address extremist elements
throughout the country.

16. Conclusion of Operation in Karachi:


The operation against terrorists in Karachi was to be taken to its logical conclusion. This
involved targeted operations against criminal and terrorist elements to restore peace
and stability in the

city.

17. Empowerment of Baluchistan Government:


The Baluchistan government was given complete authority and support by all
stakeholders to promote political reconciliation and address the grievances of the
province.

18. Prosecution of Elements Spreading Sectarian Violence:


Strict action was taken against individuals and groups involved in spreading sectarian
violence. This aimed to maintain peace and religious harmony by curbing sectarian
tensions and conflicts.

19. Policy on Afghan Refugees:


A comprehensive policy was to be developed for the registration and deportation of
Afghan refugees. This measure aimed to address security concerns and ensure proper
management of refugee populations.
20. Strengthening Anti-Terror Agencies and Reforms in the Criminal
Justice System:
Constitutional amendments and legislation were to be carried out to provide provincial
intelligence agencies with access to the communication of terrorists. Basic reforms in the
criminal justice system were also planned to strengthen anti-terror agencies' capabilities
and improve counterterrorism efforts.

Overall, the National Action Plan aimed to address terrorism comprehensively by focusing on
legal, security, social, and administrative aspects. It sought to create a coordinated and
proactive approach to counterterrorism and promote peace, security, and stability in Pakistan.

Implimentation:
During the implementation of the National Action Plan (NAP) in Pakistan, several significant
developments and actions took place. Here's a detailed explanation of the events mentioned:

1. Twenty-first Amendment:
The Twenty-first Amendment to the Constitution of Pakistan was passed on 7 January
2015. This constitutional amendment provided the legal basis for the establishment of
military courts for the speedy trial of terrorists.

2. Prosecution of Hardcore Terrorists:


Over 50 cases of hardcore terrorists were sent for prosecution in military courts by 25
March 2015. This demonstrated the government's commitment to taking swift legal
action against individuals involved in terrorism.

3. Expulsion of Afghan Refugees:


Between January and 23 March 2015, around 55,000 Afghan refugees were expelled
from Pakistan. This measure aimed to address security concerns and ensure proper
management of refugee populations.

4. Execution of Prisoners:
The government lifted a seven-year-old moratorium on the executions of prisoners
sentenced to death. By March 2015, 128 prisoners had been executed as a part of the
government's efforts to demonstrate a strong response to terrorism.

5. Arrests of Violators:
By March 2015, civilian and intelligence agencies had arrested 150 individuals for
violating laws related to terrorism. Half of the arrested individuals were clerics,
indicating efforts to target individuals promoting extremist ideologies.

6. Freezing of Terror Financing:


On 25 March 2015, Pakistan froze a number of accounts that were used to funnel Rs
10.2 billion in cash to terror suspects. This step aimed to disrupt the financial networks
of terrorist organizations.

7. Security Measures for Schools:


In response to the attack on the Army Public School in Peshawar, the government
implemented security measures for schools. This included the construction of boundary
walls up to 8 feet high and topping them with 2 feet high razor wire to enhance security
and prevent unauthorized access.
8. SIM Card Verification:
The Pakistan Telecommunication Authority (PTA) conducted a nationwide verification
process for SIM cards. By 15 March 2015, more than 70 million SIM cards had been
verified, and 11 million SIM cards were blocked for not completing the re-verification
process. This measure aimed to address the use of unregistered SIM cards by terrorists.

9. Arrests and Operations:


From 24 December 2014 to 25 March 2015, law enforcement agencies conducted
28,826 operations, resulting in the arrest of 32,347 individuals on various charges. These
operations aimed to disrupt terrorist networks and maintain law and order.

10.Arrests in Peshawar:
On 3 April 2015, a significant operation took place in Peshawar, resulting in the arrest of
at least 76 suspects, including two Afghan nationals. This operation aimed to target
individuals involved in terrorist activities in the region.

These events highlight the government's proactive approach in implementing the NAP and
taking decisive actions to combat terrorism, strengthen security, and disrupt the activities of
terrorist organizations in Pakistan.

21st Amendment
OVERVIEW:
The Twenty-first Amendment to the Constitution of Pakistan was a significant legislative
measure passed on January 6, 2015, by the National Assembly of Pakistan and the Senate of
Pakistan. It received the assent of the President on January 7, 2015. The amendment brought
about changes to Article 175 and the First Schedule of the Constitution.

The purpose of the Twenty-first Amendment was to provide a constitutional basis for the
establishment of military courts in Pakistan. These special courts were specifically designated
for the trial of individuals involved in terrorism-related offenses. The amendment aimed to
expedite the judicial process and ensure swift justice in cases related to terrorism.

One important aspect of the Twenty-first Amendment is its self-contained sunset clause. This
clause stipulates that the amendments made by the Twenty-first Amendment would expire on
January 7, 2017. The inclusion of the sunset clause was intended to ensure that the
establishment of military courts was a temporary measure, with a specific timeframe for its
implementation.

The decision to include a sunset clause in the amendment was a result of the recognition that
the establishment of military courts should be a temporary solution to address the pressing
issue of terrorism in Pakistan. It allowed for a reevaluation of the effectiveness and necessity of
military courts after a specific period, encouraging a continuous assessment of the judicial
system's capacity to handle terrorism cases.

The Twenty-first Amendment played a crucial role in providing the legal framework for the
establishment of military courts in Pakistan, enabling a more expedited trial process for
terrorism-related offenses. However, it is important to note that the specific details and
procedures for the functioning of these courts were further defined in subsequent legislation
and regulations.
Overall, the Twenty-first Amendment was a significant step taken by the Pakistani government
to address the challenges posed by terrorism through legislative means. It provided a
constitutional basis for the establishment of military courts, aiming to enhance the efficiency
and effectiveness of the legal system in dealing with terrorism-related cases.

Background:
The Twenty-first Amendment to the Constitution of Pakistan was introduced in response to the
horrific terrorist attack on the Army Public School in Peshawar, which took place on December
16, 2014. This brutal attack, carried out by Tehrik-i-Taliban Pakistan (TTP) militants, resulted in
the loss of 145 lives, including 132 schoolchildren.

In the aftermath of this tragic incident, there was


a widespread outcry for swift and decisive action
against terrorism in Pakistan. The government
recognized the need for a robust legal framework
that would expedite the trial process for
individuals involved in terrorist activities. This led
to the decision to establish military courts specifically dedicated to handling cases related to
terrorism, acts threatening national security, and waging war against Pakistan.

The purpose of establishing these speedy trial military courts was to ensure the prompt
dispensation of justice and deter potential terrorists by demonstrating the government's
commitment to combating terrorism. The military courts were empowered to handle cases
involving individuals who posed a threat to national security and had committed heinous
offenses against the state and its citizens.

The Twenty-first Amendment was enacted to introduce the necessary constitutional


amendments that would provide a legal basis for the establishment of these military courts. The
amendment modified Article 175 and the First Schedule of the Constitution to accommodate
the establishment and functioning of the military courts for a period of two years.

By establishing military courts, the government aimed to address the shortcomings of the
regular judicial system in effectively prosecuting and delivering justice in terrorism cases. The
military courts were expected to operate with greater efficiency and a focus on expediting the
trial process, thereby ensuring the timely disposal of cases and reducing the backlog of pending
terrorism-related matters.

The decision to amend the constitution and establish military courts was driven by the urgent
need to address the prevailing security challenges and counter the threat posed by terrorist
organizations in Pakistan. The Peshawar school massacre served as a turning point, prompting
the government to take decisive action against terrorism and demonstrate its commitment to
protecting the lives and security of its citizens.

It is important to note that the establishment of military courts through the Twenty-first
Amendment was a temporary measure with a specific duration of two years. The intention
behind this time constraint was to assess the effectiveness of the military courts and determine
whether they should be continued or replaced with alternative mechanisms to handle
terrorism-related cases.
Text:
The Constitution (Twenty First Amendment) Act, 2015, is the official name given to the
amendment that introduced military courts for the trial of individuals involved in
terrorism, acts threatening national security, and waging war against Pakistan. The
amendment consists of several provisions that amend Article 175 and the First Schedule
of the Constitution. Here is a further explanation of the key points:

Short Title and Commencement:


- The amendment is referred to as the Constitution (Twenty First Amendment) Act, 2015.
- It came into force immediately upon receiving the assent of the President.
- The provisions of the amendment are valid for a period of two years from the date of
commencement and will cease to be part of the Constitution and be repealed after the
expiration of that period.

Amendment of Article 175 of the Constitution:


- The amendment modifies clause (3) of Article 175 of the Constitution.
- A colon is substituted for the full stop at the end of the clause, and a proviso is inserted.
- The proviso states that the provisions of Article 175 will not apply to the trial of individuals
under Acts mentioned at serial numbers 6, 7, 8, and 9 of sub-part III or Part I of the First
Schedule if they claim or are known to belong to any terrorist group or organization that uses
the name of religion or a sect.
- The explanation clarifies that the term "sect" in this proviso refers to a sect of religion and
does not include any religious or political party regulated under the Political Parties Order, 2002.

Amendment of First Schedule of the Constitution:


- The amendment introduces new entries in sub-part III of Part I of the First Schedule.
- After entry 5, the following acts are added: the Pakistan Army Act, 1952; the Pakistan Air Force
Act, 1953; the Pakistan Navy Ordinance, 1961; and the Protection of Pakistan Act, 2014.
- These acts are included in the First Schedule to provide a legal basis for the functioning and
jurisdiction of the military courts.

Overall, the Constitution (Twenty First Amendment) Act, 2015, establishes the legal framework
for the establishment and operation of military courts in Pakistan for a period of two years. It
amends Article 175 to exclude certain cases related to terrorism from the regular judicial
system, and it amends the First Schedule to include relevant acts that govern the jurisdiction
and functioning of the military courts.
Summary:
The Twenty-first Amendment to the Constitution of Pakistan was passed by the National
Assembly and Senate on January 6, 2015, and received the President's assent on January 7,
2015. The amendment introduced changes to Article 175 and the First Schedule of the
Constitution. It established military courts with a two-year duration for speedy trials of offenses
related to terrorism, waging war against Pakistan, and acts threatening national security. The
amendment was prompted by the 2014 Peshawar school massacre. The text of the amendment
includes provisions regarding its short title, commencement, and expiration after two years. It
also amends Article 175 by adding a proviso that excludes the trial of individuals belonging to
terrorist groups or organizations that use religion or sect names from the application of the
article. The First Schedule is also amended to include the Pakistan Army Act, 1952; the Pakistan
Air Force Act, 1953; the Pakistan Navy Ordinance, 1961; and the Protection of Pakistan Act,
2014. These acts provide a legal basis for the functioning of military courts.

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