Need to promote institutions: The 'destiny syndrome'- II
By Ahsan Iqbal
A lawyer could get a dissolved Parliament restored through the Supreme Court, a Chief Justice of the Supreme Court challenged a prime minister on the issue of appointment of judges and got his judgement implemented.
In another instance a prime minister enjoying a two-thirds majority was summoned by the court and the Supreme Court overturned government's initiatives on the grounds of conflict with the principles of the Constitution. This process gave a new sense of power to the legal community, which is evident from the unprecedented struggle of the lawyers against General Musharraf's Legal Framework Order (LFO).
The lawyer community joined hands at all levels and everywhere in an unprecedented manner to resist the extension in the service age of the judges, which was seen as bribing the judiciary, and ultimately succeeded in forcing Musharraf to withdraw the amendment.
As a result, we see that the new Chief Justice of the Supreme Court has started building bridges between the bar and the bench. The fifth important development which took place during the '90s was a soft mini-social revolution through the Social Action Programme (SAP) launched by the first PML-N government.
Though there were some weaknesses and leakages in the administration of the programme due to high turnover of governments and the supervisory staff, this shouldn't stop us from recognizing the positive benefits of the programme. This programme tied the federal and provincial governments to adhere to a minimum level of allocations to and expenditure on social sectors.
The result was that we saw literacy level take a jump up to 50 per cent from 28 per cent within a decade and the population growth rate dropping to 2.2 per cent from 2.8 per cent a decade ago. Similarly, during this period the increase in enrolment of female students was double that of the male students. The female literacy ratio grew by 104 per cent compared with the male which grew by 61 per cent, female enrolment at primary level grew by 88 per cent compared with 43 per cent male enrolment, female enrolment at secondary level grew by 158 per cent compared with 83 per cent male enrolment.
These trends show that society has finally woken up to the challenge of the gender gap and is beginning to respond to it. We need to consolidate these positive developments instead of discrediting and demolishing whatever we have achieved. It is interesting to point out that during the democratic governments the average expenditure on social sectors was 2.4 per cent of the GDP with the target to increase it to 4 per cent of the GDP while during Musharraf government its average dropped to 1.7 per cent of the GDP.
Another important development is the role of the private sector in the education field which has added thousands of well qualified and talented youth to our workforce who will become backbone of our new professional middle class.
The sixth important factor is that Pakistan has developed a respectable economic platform. It achieved food security during the 90s when for several years we didn't need to import an ounce of wheat. Pakistan's agriculture sector not only produced enough for its own people but started generating surplus stocks of crops, vegetables and fruits.
Unfortunately, due to IMF dictated policies adopted by the Musharraf government, we are forced to import wheat again this year. But, it is a temporary phase because a higher productive base has been established which can now be regained quite easily with the right policy framework. Similarly, Pakistan which inherited zero industrial infrastructure today boasts of a fairly modern medium scale engineering infrastructure.
During the '90s, the PML-N government laid foundations for building a modern infrastructure in the country as a result of which today we have advanced fibre optic based telecommunication infrastructure, new Karachi and Lahore airports, and extensive road and highway network. We have clusters of entrepreneurial success which are able to face the forces of international competition successfully.
As a result of the reforms initiated in 1997, our central bank and financial institutions are strong and healthy. Our expatriate community is spread all over the globe and is capable of playing a catalyst role for development if we create political stability at home.
The seventh important development was Pakistan's overcoming its security crisis by becoming a nuclear power on May 28, 1998, in response to the Indian nuclear challenge. Prime Minister Nawaz Sharif by successfully resisting international pressures did provide the country with an umbrella to make its security impregnable, which moved the Pakistani nation out of a deep sense of insecurity with which it had to live for the past five decades while facing a bigger India.
Unfortunately, the present government is witch-hunting the scientists, who delivered for Pakistan on this count, only to appease the US and win its support but is injuring the pride of the nation by casting heroes as thugs.
There is no doubt in anybody's mind that our nuclear programme was not acquired in bilateral assistance or through USAID channels. Actually, there were far greater checks on Pakistan to prevent it from acquiring nuclear technology than on any other country.
In this process, Pakistani scientists were forced to purchase equipment from both direct and indirect channels. Whether their suppliers were sharing the specifications with some other people, certainly no one can guarantee but this in no way casts Pakistan as proliferators of nuclear technology.
Anyway, after establishing nuclear parity with India, Prime Minister Nawaz Sharif initiated a fresh peace move with India through the Lahore process, which resulted in Indian PM Vajpayee's visit to Pakistan in Feb 1999. The Lahore peace process laid the foundation for a new chapter in Indo-Pakistan relations to become partners in peace and prosperity of the region.
This peace platform was first denounced by Musharraf but subsequently he was forced to adopt the same path but under very different terms. Nevertheless, the peace process has begun. If it succeeds in solving the dispute of Kashmir peacefully according to the wishes of the people of Kashmir, it can bring great dividends for the people of both Pakistan and India.
To conclude I would like to say that Pakistan possesses strong foundations for institutional governance. There is no threat that any politician or leader can become a despot or hijack institutions. It is a moderate country with a predictable posture and stance. We need to promote Pakistan as a country run by institutions, not a country standing on the horns of any one personality.
We are only held back in realizing our potential due to instability of our political process which will come only when our military leadership will learn what their African counterparts have learnt.
The solution to problems lies in strengthening the civil institutions, not in uprooting them. The politicians have admitted their mistakes; it's now about time the military leadership also admitted its mistakes and gave 140 million people back their country to let them make their own destiny.
The writer is a former deputy chairman, planning commission and former MNA.
E-mail: betterpakistan@hotmail.com
Dishonourable killings
By Anwer Mooraj
The get-together of the Helpline Trust, in association with a national newspaper, which took place last Wednesday, hard on the heels of the seminar of the MQM Rabita committee held a day earlier, must have been the fourteenth collective indictment of the dreadful practice referred to euphemistically as honour killings, during the last two months in this city.
The last two seminars, like most of the others before them, tread the same well worn path, and the same observations and analyses kept popping up. The president is too busy traipsing all over the world to care about domestic issues. Besides, he doesn't want to rock the boat The mullahs are grossly misinterpreting Islam and are promoting a retrogressive morality.. The police are corrupt and accept money up front when a murderer announces in advance that he is about to commit a crime.
These are the usual suspects. But there are a few more. The courts are helpless, because witnesses are too scared to come forward, or are prevented from testifying. Jirgas and panchayats are illegal, but is there a viable alternative when the administration has broken down?
The supreme court has decreed that an 18-year-old Pakistani girl can marry a man of her own choice, but traditional values continue to militate against any court decisions. The state is conspiring with the most reactionary and retrogressive elements, to drive out the liberal aspects of religion. And so it goes on, and on.
Statistics are also repeated at every session, which is inevitable. The figures hang like pale rags of mist from dripping thorns of iniquity. Out of the acknowledged total of 5,218 registered cases of abuse against women, published by Madadgar, there were 1,574 cases of murder, 979 cases of rape and gang-rape, 1,143 cases of injury, 564 cases of severe torture, 201 cases of severe beating, 351 cases of attempted rape, 128 cases of harassment, 67 cases of forcible stripping, 22 cases of acid burns and five cases of rape before murder.
At the latest count, Punjab had the dubious distinction of leading the tally on crimes against women, and had edged out Sindh by a significant margin - 2,486 to 1,285, while the Frontier and Balochistan brought up the rear with 395 and 52. What is, however, most alarming is the figure for Karachi where in 2003, 521 cases of abuse against women had been registered.
The MQM seminar was a little different from the others. In a sense it broke new ground when a former member of the judiciary, Justice Nasir Aslam Zahid, who is one of the most clear-headed of the judges ever to have served in the country, proposed that the government should set up a judicial academy for judges to understand what human rights was all about, so that they could write judgments according to their conscience.
Justice Zahid and his wife are already running a legal aid office set up in the Karachi women's jail, and the announcement of a million-rupee support programme by Altaf Hussain, leader of the MQM would certainly come in very handy.
The Helpline seminar covered a fairly broad spectrum of speakers, even though some of the heavyweights like Senator Raza Rabbani of the People's Party, Nafisa Shah, the fiery PPP nazim of Khairpur, and Makhdoom Amin Fahim, the titular head of the ARD, who were supposed to make an appearance, dropped out at the eleventh hour.
The composition of the audience was considerably more elitist than the earlier one, but the participants on the stage and on the floor, were equally committed in their resolve to stamp out the social evil of Karo Kari.
A former senator of the PPP, Iqbal Haider, set the tone of the discussions. by firing a few broadsides, not only at the Lahore judiciary, who, in his opinion, had passed a number of highly questionable judgements, but also against the apathy of the people. He refreshed the collective memory of the audience by exhuming the gruesome murder of Samia Sarwar on April 6, 1999, in the presence of human rights lawyer Hina Jilani.
What makes this case particularly loathsome, is the fact that the mother of the victim, feigning an injury to her foot, entered Jilani's office with a hired killer, who promptly proceeded to shoot the poor girl. Not only was the case not prosecuted, the girl's mother retaliated by filing a case against the human rights lawyer, which turned out to be grist to the mill in the Frontier. Haider added a touch of irony by pointing out that one of the high court judges, who was responsible for a number of questionable decisions, was eventually elevated to the supreme court.
The Helpline seminar also had two speakers, Prof Ghafoor Ahmed and Mir Naseer Khan Khoso, who introduced a stifling intellectual smugness, and ended up by being thrown to the wolves. There were also a couple of speakers who belonged to feudal background, Arif Jatoi and Ameer Bhutto, who, while not openly swimming against the collective tide, pointed out that jirgas still served a useful function, because they provided an alternative forum for settling disputes.
Arif Jatoi, stated that many crimes motivated by property disputes are committed under the guise of honour killings. He nevertheless condemned the heinous practice of Karo-Kari and said that the government should make a horrible example of people who indulged in this sort of thing.
As the resolution of the house was read out by the moderator, Manzur Alam, and the people on the stage sagely nodded their heads, nobody in the audience seriously believed that the members of the national assembly, or any of the provincial assemblies, who have the power to change the laws, would tamper with what is charmingly referred to as 'the traditional values of Pakistani society.' Curiously enough, nobody mentioned the fact that in Japan, where men impose strict failure standards, honour is expressed through self-immolation, and not through the killing of poor, defenceless women and children.
Various attempts by the PPP MNAs, to table a motion against honour killing, both in the Sindh assembly and in the national assembly, were not even allowed to be heard. In fact, on one occasion, some of the MNAs who had plucked up the courage to challenge the majority view, were later summoned to the chamber of the speaker and told to behave themselves. It certainly does look as if the majority of the legislators are tarred with the same retrogressive brush.
It is now becoming painfully obvious that if the progressive elements in the government are at all serious about improving Pakistan's human rights image, which is receiving a dreadful press in the West, they will have to make a direct appeal to the president. After all, as Javed Jabbar, a former senator, pointed out, it wasn't a democratic government, but an authoritarian ruler, back in the 1960s, who passed the liberal family laws, which provided a semblance of protection to Pakistani women.
Seminars of the kind that are taking place at regular intervals, serve a useful purpose, because they convey to the people who make and implement the laws, how the saner elements in society feel. But at best they only heighten awareness. They cannot trigger any action. It is high time that the president took a personal interest in the problems afflicting poor women. Scouring the country for terrorists at the behest of the Americans, and hounding Pakistani nuclear scientists, who provided an immeasurable sense of security to the country, is all very well. But don't the poor and the defenceless women also deserve a better deal?