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Trampling
of Constitution and Justice in Pakistan
Nasir Gondal
18 November 2007 |
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The
seminar on the present crisis in Pakistan was held at Ziafat Hall
on Coney Island Avenue in the Little Pakistan section of Brooklyn
on Sunday 18th, 2007 from 1 to 5 PM. It was hosted by Doctors for
Democracy and Justice, a Pakistani American Physicians group in
collaboration with Coney Island Avenue Project. Upward of hundred
members of Pakistani community attended the seminar.
Dr Faheem Butt
was the emcee. Dr Abdul Majeed welcomed the audience and gave introduction
of Doctors for Democracy and Justice.
Speakers included
Ali Ahsan Esq, Attorney at Law, Son of Atizaz Ahsan, Manzur Ejaz,
Washington based free lance Journalist, Rana Ramzan, Pakistani American
Advocates for Civil and Human Rights (PAACHR), Ahsanullah Khan (Bobby)
of Coney Island Avenue Project, Bazah Roohi of Asian-American Network
against Abuse of Human Rights (ANAA), Dr Mohammad Naqi of Association
of Pakistani Physicians for Democracy and Justice (APPJD), and Shahid
Comrade of Pak-American Freedom Forum.
Mazhar Abbas,
Secretary-General of the Pakistan Federal Union of Journalists was
the keynote speaker and received standing ovation. He described
in detail the long history of Pakistani journalists' struggle.
Justice (Rtd)
Wajih-ud-Din Ahmed, addressed the gathering through special telephone
arrangement from Karachi. He eloquently highlighted the historic
perspective of the current judiccial and politcal crisis.
Hassan Abbas,
Boston based political analyst could not join due do a family emergency.
Folk poet Bashir Khokhar read his latest fiery poem Emergency Na
Manzoor.
Speakers of
behalf of political parties included Rohail Dar (PML-N), Khalid
Awan and Sarwar Chaudhry (PPP), Afsar Ali (ANP) Shamsuz Zaman (MMA),
and Sheik Elahi (Tehrike Insaaf)
There was a
Q & A session in the end.
In the end Dr
Qazi Kamal Haider presented a resolution. It called for the immediate
lifting of Emergency, restoration of the Supreme court under the
leadership of Justice Iftikhar Chaudhry, Military to go back to
the barracks, opening up of the private channels and free and fair
elections.
Event was attended
by media representatives of Dawn, Jung, Geo VOA, BBC and the NY
Pakistani media including Sadae Pakistan, Pakistan Post, News Pakistan,
Urdu Times, Ravi and Pakistan Express
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Pakistan's
Collapse, Our Problem
Frederick W. Kaganand Michael O'Hanlons
NY Times,
18 November 2007
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http://www.nytimes.com/2007/11/18/opinion/18kagan.html?_r=1&oref=slogin
AS the government of Pakistan totters, we must face a fact: the United
States simply could not stand by as a nuclear-armed Pakistan descended
into the abyss. Nor would it be strategically prudent to withdraw
our forces from an improving situation in Iraq to cope with a deteriorating
one in Pakistan. We need to think — now — about our feasible
military options in Pakistan, should it really come to that.
We do not intend
to be fear mongers. Pakistan's officer corps and ruling elites remain
largely moderate and more interested in building a strong, modern
state than in exporting terrorism or nuclear weapons to the highest
bidder. But then again, Americans felt similarly about the shah's
regime in Iran until it was too late.
Moreover, Pakistan's
intelligence services contain enough sympathizers and supporters
of the Afghan Taliban, and enough nationalists bent on seizing the
disputed province of Kashmir from India, that there are grounds
for real worries.
The most likely
possible dangers are these: a complete collapse of Pakistani government
rule that allows an extreme Islamist movement to fill the vacuum;
a total loss of federal control over outlying provinces, which splinter
along ethnic and tribal lines; or a struggle within the Pakistani
military in which the minority sympathetic to the Taliban and Al
Qaeda try to establish Pakistan as a state sponsor of terrorism.
All possible
military initiatives to avoid those possibilities are daunting.
With 160 million people, Pakistan is more than five times the size
of Iraq. It would take a long time to move large numbers of American
forces halfway across the world. And unless we had precise information
about the location of all of Pakistan's nuclear weapons and materials,
we could not rely on bombing or using Special Forces to destroy
them.
The task of
stabilizing a collapsed Pakistan is beyond the means of the United
States and its allies. Rule-of-thumb estimates suggest that a force
of more than a million troops would be required for a country of
this size. Thus, if we have any hope of success, we would have to
act before a complete government collapse, and we would need the
cooperation of moderate Pakistani forces.
One possible
plan would be a Special Forces operation with the limited goal of
preventing Pakistan's nuclear materials and warheads from getting
into the wrong hands. Given the degree to which Pakistani nationalists
cherish these assets, it is unlikely the United States would get
permission to destroy them. Somehow, American forces would have
to team with Pakistanis to secure critical sites and possibly to
move the material to a safer place.
For the United
States, the safest bet would be shipping the material to someplace
like New Mexico; but even pro-American Pakistanis would be unlikely
to cooperate. More likely, we would have to settle for establishing
a remote redoubt within Pakistan, with the nuclear technology guarded
by elite Pakistani forces backed up (and watched over) by crack
international troops. It is realistic to think that such a mission
might be undertaken within days of a decision to act. The price
for rapid action and secrecy, however, would probably be a very
small international coalition.
A second, broader
option would involve supporting the core of the Pakistani armed
forces as they sought to hold the country together in the face of
an ineffective government, seceding border regions and Al Qaeda
and Taliban assassination attempts against the leadership. This
would require a sizable combat force — not only from the United
States, but ideally also other Western powers and moderate Muslim
nations.
Even if we were
not so committed in Iraq and Afghanistan, Western powers would need
months to get the troops there. Fortunately, given the longstanding
effectiveness of Pakistan's security forces, any process of state
decline probably would be gradual, giving us the time to act.
So, if we got
a large number of troops into the country, what would they do? The
most likely directive would be to help Pakistan's military and security
forces hold the country's center — primarily the region around
the capital, Islamabad, and the populous areas like Punjab Province
to its south.
We would also
have to be wary of internecine warfare within the Pakistani security
forces. Pro-American moderates could well win a fight against extremist
sympathizers on their own. But they might need help if splinter
forces or radical Islamists took control of parts of the country
containing crucial nuclear materials. The task of retaking any such
regions and reclaiming custody of any nuclear weapons would be a
priority for our troops.
If a holding
operation in the nation's center was successful, we would probably
then seek to establish order in the parts of Pakistan where extremists
operate. Beyond propping up the state, this would benefit American
efforts in Afghanistan by depriving terrorists of the sanctuaries
they have long enjoyed in Pakistan's tribal and frontier regions.
The great paradox
of the post-cold war world is that we are both safer, day to day,
and in greater peril than before. There was a time when volatility
in places like Pakistan was mostly a humanitarian worry; today it
is as much a threat to our basic security as Soviet tanks once were.
We must be militarily and diplomatically prepared to keep ourselves
safe in such a world. Pakistan may be the next big test.
Frederick W.
Kagan is a resident scholar at the American Enterprise Institute.
Michael O'Hanlon is a senior fellow at the Brookings Institution.
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What
Musharraf must do now
The Financial Times, November 18 2007 |
http://www.ft.com/cms/s/0/a5e454ae-963f-11dc-b7ec-0000779fd2ac.html?nclick_check=1
The current political situation in Pakistan is a perfect illustration
of the maxim that democracy is about much more than voting. After
declaring a state of emergency, dismissing most of the Supreme Court
and locking up many leading intellectuals, it was inevitable that
General Pervez Musharraf would come under pressure from his western
backers to "restore democracy". They do not want to endorse
military dictatorship. And there are also tricky American legal requirements
which might restrict the flow of aid to Pakistan, if Gen Musharraf
is too openly undemocratic.
So the general is trying to oblige. He has declared
that elections will now go ahead in January. He has, thankfully,
begun to release some of those locked up under martial law. On Friday,
the government ended the house arrest of Asma Jahangir, a leading
lawyer.
More concessions can be expected. Gen Musharraf
may finally decide to heed a longstanding opposition demand –
reiterated by President George W. Bush – that he "take
off the uniform". This means that if he insists on serving
another term as president it will be as a civilian ruler rather
than as a military man. At some point before the elections in January,
the Pakistani government may ease its restrictions on the media.
The government will also be under pressure to lift martial law completely.
It is impossible to see how anybody can pronounce the magic words,
"free and fair", if elections are conducted under emergency
rule and boycotted by the main opposition parties.
Yet even if Gen Musharraf does all of that, there
is another test that should be insisted on by those who are serious
about democracy in Pakistan. Gen Musharraf must respect the independence
of the judiciary and, in particular, the Supreme Court.
The origins of the current crisis lie in the clash
earlier this year between the general and Iftikhar Chaudhary, the
court's chief justice. Gen Musharraf's decision to impose emergency
rule this month was almost certainly provoked by a fear that the
Supreme Court would rule that his recent re-election as president
was illegal. In effect, Gen Musharraf sacked the Supreme Court before
it could sack him.
Since then the president has set about appointing
a new, more pliant Supreme Court. The freshly appointed judges will
be expected to rubber-stamp his new presidential term and the next
parliamentary elections. But no country can be called truly democratic
with a puppet judiciary. The outside world should remind Gen Musharraf
of this fundamental point.
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Pakistan's
problems start at the top
Pervez Hoodbhoy
Los Angeles Times, 18
November 2007 |
http://www.latimes.com/news/opinion/sunday/commentary/la-op-hoodbhoy18nov18,1,1894066.story
Musharraf's military rule has damaged his country's ability to fight
Islamist insurgents.
Gen. Pervez Musharraf
seized power in Pakistan eight years ago, claiming that the army
had to step in to save the country from corrupt and incompetent
politicians. Since then, he has run both the army and the government
himself, with the connivance of a rubber-stamp Parliament put in
place through rigged elections. His rule has proved to be a dismal
failure, creating more problems than those it set out to solve.
Earlier this month, with
opposition to his regime growing and the courts about to rule that
he could not legally be president, Musharraf chose to suspend the
constitution and impose emergency rule. He dismissed the Supreme
Court and arrested the judges, replacing them with judges who will
bend to his will. He blocked all independent television channels
and threatened to punish the news media if it disparaged him or
the army. His police arrested thousands of lawyers and pro-democracy
activists. He ordered that civilians be tried in closed military
courts. This is what is necessary, he said, to save Pakistan from
a rapidly growing Islamist insurgency.
But no one should believe
him.
It is true that over
the last decade Islamist militants -- Pakistani Taliban nurtured
in madrasas along the Afghan border -- have grown stronger and widened
their reach. Each day brings news that the government's security
forces have surrendered to Taliban fighters without firing a shot.
Flaunting its strength, the Taliban has released many of these soldiers
-- and even paid their way home. Other prisoners, especially Shiites,
have been beheaded and their corpses mutilated.
Musharraf's government
and his army have been woefully unsuccessful at handling this insurgency.
They have lost control in many areas bordering Afghanistan and in
the North-West Frontier Province. Earlier this month, the militants
took over a third town in the Swat valley, only half a day's ride
from the capital, Islamabad, while others captured the Pakistan-Austria
Training Institute for Hotel Management in Charbagh.
Across the country, Islamists
have taken over public buildings, forced local government officials
to flee and promised to bring law and order. A widely available
Taliban-made video shows the bodies of criminals dangling from electricity
poles in the town of Miranshah, the administrative headquarters
of North Waziristan.
The militants have even
made their first major foray into the capital. From January to July
of this year, the government allowed heavily armed extremists sympathetic
to Al Qaeda and the Taliban to freely function out of Islamabad's
Red Mosque. It is less than two miles from Musharraf's official
residence at President House, from parliament and from the much-vaunted
Inter-Services Intelligence headquarters. But the authorities were
nowhere to be seen as armed vice-and-virtue squads sent out by the
Islamists kidnapped prostitutes, burned CDs and videos, forced women
to wear burkas and demanded that city laws be bent to their will.
The government sent in clerics and politicians sympathetic to the
militants as negotiators, and made one concession after another.
Amid growing public and
international demands to act, Musharraf finally sent in special
troops. The military action turned Islamabad into a war zone. When
the smoke from rocket-propelled grenades and heavy machine guns
had cleared, more than 117 people (the official count) were dead,
many of them girls from a neighboring seminary. Mullahs promised
revenge, and it began shortly afterward in a wave of suicide bombings
across the country that has claimed hundreds of lives.
Why has Musharraf failed
so dramatically to stop the insurgency? One reason is that most
of the public is hostile to government action against the extremists
(and the rest offer tepid support at best). Most Pakistanis see
the militants as America's enemy, not their own. The Taliban is
perceived as the only group standing up against the unwelcome American
presence in the region. Some forgive the Taliban's excesses because
it is cloaked in the garb of religion. Pakistan, they reason, was
created for Islam, and the Taliban is merely asking for Pakistan
to be more Islamic.
Even normally vocal,
urban, educated Pakistanis -- those whose values and lifestyles
would make them eligible for decapitation if the Taliban were to
succeed in taking the cities -- are strangely silent. Why? Because
they see Musharraf and the Pakistan army as unworthy of support,
both for blocking the path to democracy and for secretly supporting
the Taliban as a means of countering Indian influence in Afghanistan.
There is merit to this
view. Army rule for 30 of Pakistan's 60 years as a country has left
a terrible legacy. The army is huge, well-equipped, armed now with
nuclear weapons and ballistic missiles and has perhaps the world's
richest generals. Sitting or retired army officers govern provinces,
run government agencies, administer universities, manage banks and
make breakfast cereals.
Military rule has also
created a class of dependent politicians who understand that cutting
a deal with the army is the passage to power. For them, public office
is an opportunity not to govern but to gain privilege and wealth
for themselves, their relatives and their friends. Meanwhile, barely
half of Pakistan's people can read and write, and one-third live
below the poverty line.
The ties between the
military and the Islamic militants are also well known. For more
than 25 years, the army has nurtured Islamist radicals as proxy
warriors for covert operations on Pakistan's borders in Kashmir
and Afghanistan. Various army chiefs honed a strategy that juggled
their relationship with the U.S. against the demands of local intelligence
chiefs, and of mullahs, tribal leaders, politicians and fortune
seekers who have contacts with the militants. Radical groups are
encouraged. As they grow and start to slip out of control, these
groups are tolerated and appeased to keep them loyal. When interests
inevitably clash, a military crackdown follows. The innocent are
caught in the crossfire.
If Pakistan is to fight
and win the war against the Taliban, it will need to mobilize both
its people and the state. Musharraf's recent declaration of emergency
will only make this much harder.
In the short term, Pakistan's
current political crisis may be managed by having Musharraf resign
-- both as president and as head of the army. And before he does
so, he must also restore the judiciary and constitution, lift the
curbs on the media, free all political prisoners and set up a caretaker
government. These are the necessary conditions for holding free
and fair elections.
Credibility of elections
requires that former prime ministers Benazir Bhutto and Nawaz Sharif
-- whatever one might think of their personal integrity -- both
be included among the contestants. Bhutto loudly announced in Washington
that she will take on Al Qaeda and the Taliban as her first priority,
whereas Sharif is closer to the Islamic parties. But, as their past
tenures suggest, if elected, realpolitik will force both to act
similarly.
Only a freely chosen
and representative government can win public support for taking
on the Taliban. But to do this, it will need to begin addressing
the larger, long-term political, social and economic problems facing
Pakistan. The country must seek a more normal relationship with
India. Only then can the army be cut down to size and Pakistan free
itself from the massive military expenditures and the nuclear weapons
that burden it. It must address the grievous regional inequalities
that feed resentment against Islamabad. The government must push
to provide basic needs and sustainable livelihoods to the rural
and urban poor. It must offer people hope.
Pervez Hoodbhoy teaches
at Quaid-e-Azam University in Islamabad.
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Deposed
judges release ruling against Musharraf
Rauf Klasra
The News, 18 November
2007 |
ISLAMABAD:
Three defiant judges of the Supreme Court, who are presently under
house arrest after imposition of emergency, have now declared in their
detailed judgment submitted before the SC last Friday that General
Musharraf could not be allowed to contest the presidential elections.
They say frequent military interventions and destabilization
of elected governments have given "rise to indiscipline, disorder,
unemployment, massive corruption, intolerance, and extremism in
Pakistan, which must be eradicated and eliminated with iron hands".
These judges who had refused to take oath under
the PCO, have also observed in their joint judgment, which has not
been released to the media, that continuation of Musharraf as the
army chief beyond December 31, 2004 was "illegal and unlawful".
The judges, Justice Rana Bhagwandas, Justice Sardar
Mohammad Raza Khan and Mian Shakirullah Jan, were part of the nine-member
bench which had dismissed the petitions of Qazi Hussain Ahmed and
Imran Khan on September 28, 2007 with regard to the question whether
Musharraf could contest election from the present assemblies with
or without uniform.
The judges submitted their detailed judgment to
the Supreme Court on Friday in which they have addressed seven questions
that were raised before the court. Talking to The News, Justice
Rana Bhagwandas who headed the bench, confirmed that he along with
Justice Sardar Mohammad Raza and Mian Shakirullah had submitted
their judgment last Friday but the authorities may not have released
their 58-page long observations.
Justice Bhagwandas who was in good spirits and in
a defiant mood told this correspondent they had taken a lot of time
and effort to put together the arguments to establish their points
of view. The SC should have made their judgment public.
But, he said, it was not done. He observed that
his staff might have handed over the judgment to the concerned authorities
for its release to the media, but it was simply dumped and ignored.
"These are very important observations and everybody should
come to know about those points on the basis of which we had decided
the issue of eligibility and merit."
In the judgment spread over 58 pages, the three
judges have observed that "we earnestly feel that this country
no longer can afford the luxury of resorting to circumvent the law
and the constitu tional mandate by upholding and affirming the draconian
doctrine of necessity restored to earlier.
Indeed, the judges of this court are under an oath
to uphold, preserve and defend the constitution of Pakistan, which
must be strictly adhered to in letter and spirit without any fear
or favour, or ill will.
"Any endeavor to continue and affirm the present
system of governance, which has transformed parliamentary system
of governance into presidential form of government is bound to damage
the dignity, respect and honour of the citizen of this country in
the comity of the nations and bring a bad name to it, which can
hardly be appreciated.
"Independence of judiciary, stability of the
democratic system, regular conduct of the general election process,
allowing the institutions to serve freely within the sphere of their
scope and without involvement of the armed would always be in the
supreme interests of the nation.
They said: "Needless to emphasis, frequent
military interventions and destabilization of elected governments
have always given rise to indiscipline, disorder, conflict of interests,
inflation, unemployment, massive corruption, intolerance and extremism
in the country which must be eradicated and eliminated with iron
hand and strengthen in accordance with the law".
In the same judgment the judges have also observed
"we earnestly feel, there appears to be enough substance and
force in the submission of the petitioners that General Musharraf
could not contest elections from the current assemblies as outgoing
assemblies can not be allowed to bind the successor assemblies to
be elected as a result of popular mandate. Further more, members
of present electoral college, who have already expressed their opinion
by expressing a vote of confidence immediately after their assumption
of office, may not be in a position to exercise their right of franchise
freely and independently. They would naturally be influenced and
swayed by their earlier decision.
"Since the term of the office of President
as well the present assembly expires simultaneously on November
15, 2007, it would be in the fitness of the things and in consonance
with the democratic norms and intentions of the framers of the constitution
if the new assemblies and the electoral college are allowed to exercise
their right to elect a president of their choice during the term
of electoral college under the constitution.
"An exceptional situation which can be conceived
may be where the incumbent president, before expiration of his term
of office, is removed from his office on the ground of physical
or mental incapacity, is impeached on a charge of violating the
constitution or the gross misconduct; resignation or death when
the office of president falls vacant, the existing electoral college
would be constitutionally authorized to elect another president
for the un expired term of office.
"Indeed, General Musharraf, was fully alive
to this situation, therefore while promulgating LFO 2002, he introduced
meaningful amendments in the Chief Executive order, he introduced
meaningful amendments in article 224 of the constitution, providing
for time for election bye election. While the original text provided
that a general election to the national assembly or a provincial
assembly shall be held within a period of 60 days immediately "preceding"
the day on which the term of assembly is due to expire, the expression
"preceding" was intentionally substituted by the term
"following".
"This amendment was intentionally and deliberately
made with a view to make a room for a seeking election to the office
of the president from the outgoing assemblies in conformity with
clause (4) of article 41 of the constitution stipulating that election
to the office shall be held not earlier than 60 days and not later
than 30 days before the expiration of the term of the president
in office. The draftsmanship and ingenuity of those who suggested
the above said amendment in the constitutional provisions can only
cause dismay may be looked upon with sorrow and grief".
"Since the purpose and object of the amendments
never saw the light of the day, it is hard to appreciate the ground
realities providing the forum to present electoral college for election
of the same person to the office president for another tem for which
new assemblies have to be elected a as a result of popular vote
based upon election manifestoes of various political parties.
"It may be further observed that the president
being an integral part of the parliament, it would be quite inconceivable
and unusual that the parliament with whom a president has to work
in total cordiality and harmony should not be elected by such parliament.
"At the cost of repetition, it may be noted
that a parliament having outlived its tenure should not be allowed
to bind the successor parliament with its choice as it is well settled
that a parliament may do anything but bind the successor parliament.
The present parliament having outlived its life, in our view, does
not have a democratic mandate of the people to elect the same person
as president for another term of five years, which would militate
against the well entrenched principles of democratic value".
"For the aforesaid facts, circumstances and
reasons these petitions are allowed and General Pervez Musharraf
declared to be disqualified to contest for the presidential election,"
the three judges concluded.
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