Gratifying reassurances

IT is reassuring to hear from President Pervez Musharraf that his government does not intend to make any changes in the basic structure of the 1973 Constitution. Talking to politicians belonging to the Awami National Party and the Sindh Democratic Alliance, the president emphasized that he had no plans to change the constitution’s parliamentary character. The presidential reassurances should serve to set aside rumours that the military government wants to switch over to a presidential form of government and make changes that will disfigure the constitution beyond recognition. The rumours about possible changes in the constitution had looked ominous when seen against persistent reports in the media that the president wanted to go in for a referendum to ensure his continuation as head of state for another five years. Nevertheless, the president did say that the Supreme Court had authorized his government to make certain amendments in the basic law and that the National Reconstruction Bureau was examining the issue.

There is no doubt that every constitution must be flexible enough to respond to the needs of the times. But every constitution, including ours, has built-in clauses that lay down the procedure for amending it. Essentially, it is the people’s representatives who have the right to amend a constitution. Any fundamental changes by an unrepresentative government — even if it has a judicial sanction behind it — will not only be unconstitutional, they are unlikely to endure.

We have before us the example of the amendments made by Gen. Ziaul Haq in the 1973 Constitution. Claiming that he was trying to chip away at the prime minister’s powers to make the constitution a little balanced, the general made so many amendments in the constitution that they completely disfigured it — only to strengthen his grip on power. The changes made by him included such ridiculous clauses as those which turned cabinet ministers into “officials” eventually responsible to the president. Similarly, in matters of appointment of army chiefs and judges to the higher judiciary, he made the prime minister ineffective. More important was his introduction of a clause (58-2b) that authorized him to dismiss the prime minister and his government as well as an elected legislature. This clause was misused by him and his successors for thoroughly arbitrary reasons. No wonder, the clause did not last long, and at the first opportunity an elected government abolished it.

This government has, relatively-speaking, conducted itself with great restraint in matters of constitutional amendments. This circumspection with regard to the basic law should continue. The general election, in any case, is six months away, and it does not make much sense to make changes at this stage. If at all any amendments are needed — especially with regard to protecting the reforms - they can be left to the good sense of the people’s representatives. An elected parliament is a greater guarantee of the reforms’ protection and continuation than an individual. The only change that is worth considering is the need for a reformed revival of clause 58-2b. The clause had been a source of political instability because it authorized the head of state to dissolve the national assembly simply because he did not find it easy to get along with the prime minister. Perhaps, a suitable change to the clause could restrict it to a dismissal of the prime minister, asking the assembly to elect a new leader of the house. This will obviate the need for a fresh election and let the assembly complete its term.

Armed with Poto

WITH the passage of the controversial Prevention of Terrorism Ordinance on Tuesday by an only joint session of Indian parliament in 23 years, the ruling BJP government has equipped itself with draconian powers to quell dissent under the dubious pretext of national security. Last week the upper house threw out the bill, saying it could be used against political opponents. These concerns ring true when seen in the context of New Delhi’s application of Poto in Kashmir and Gujarat. In both the instances, Poto has been used as an active tool of oppression by the state against its Muslim minority. Perhaps that was the reason why only the extreme rightwing parties within the ruling BJP-led coalition lent support to the bill, because only they would feel the need to bend India’s already oppressed minorities to their will.

Poto has been in force in occupied Kashmir through a presidential ordinance since November. It gives the law enforcement agencies sweeping powers to arrest, interrogate and detain suspects for 90 days without bringing them to trial, and to intercept communication by tapping phones, etc. The veracity of L.K. Advani’s charge that Poto was necessitated by Pakistan’s “proxy war” in the valley would remain suspect even with his own compatriots, much less the world at large. Kashmir has seen an unprecedented rise in the Indian security forces’ atrocities since the application of Poto there, and peace has remained elusive. The truth is that Kashmir remains a dispute between Pakistan and India and needs to be resolved through a dialogue that also involves the Kashmiris, for after all the real issue is their right of self-determination. Black laws can delay but cannot deny the Kashmiris their freedom. Hiding behind Poto is too transparent a camouflage for the BJP’s known mala fide intent vis-a-vis India’s restless minorities.

Afghan quake

TRAGEDY has struck Afghanistan again, this time the cause being natural. A devastating earthquake in the country’s north has left at least 3,000 people dead, as many injured and thousands homeless. In one district alone, 99 per cent of around 21,000 houses stand destroyed. Officials estimate the casualty toll to rise, given the country’s primitive communication system. Mercifully, all relief agencies are already in place, so that people even in remote areas can hope to get food aid and other relief. A series of aftershocks late on Monday night have, however, created quite a few problems for the aid effort and made the already traumatized people in the quake-hit area even more jittery. Pakistan has been prompt in offering its condolences to the Afghan people for this loss of life and destruction of property, The interim Afghan administration has quite rightly immediately asked the international community for help, saying it is hardly in a position to cope with a tragedy of this magnitude.

Hopefully, international donors, who already have pledged millions of dollars in relief, will be prompt in answering the interim authorities’ pleas for assistance. This is important, since the interim authority can be expected — as US officials have pointed out recently — to come under increasing attacks from the remnants of Al Qaeda or Taliban. A natural disaster of this magnitude is probably the last thing Afghanistan needs. This is doubly ironic, because after a debilitating civil war, a ruthless regime which terrorized its own people, and months of relentless bombing by the US-led forces, this country needs all the help it can to stand on its feet. Given the indissoluble ties that bind Pakistan and Afghanistan, one hopes Islamabad will do all it can to alleviate the suffering of the Afghan people and rush food and other relief supplies in their hour of need.