In its fifth stint since independence, Pakistan's parliamentary democracy is faltering once again. The restructuring of institutions and the exclusion of "erring" politicians from the electoral process hasn't made it work this time round juts as it hadn't on previous occasions.
Realistically viewed, it has got even worse. The threat has grown not just to the parliamentary system but to the federation itself and the constitutional premise on which it was based. Quite obviously, a system cannot be said to be working in which (as Zafarullah Jamali once said when he was prime minister) every member of the parliament is disgruntled unless made a minister, and fifty among them constantly vie to become the prime minister. Neither can the federation be safe if one or the other part at one or the other time has to be bombarded into submission.
Much is made of the 1973 Constitution as a source of national consensus, without paying a thought to the fact that 150, or more, amendments made to it over 31 years have drastically changed the originally conceived balance of power between the executive and the legislature, between the prime minister and the president, and also between the centre and the provinces - though in this case, more by administrative centralization than through constitutional provisions. Sadly, judicial pronouncements at various crossroads of national history did not correct, in fact aggravated, this imbalance.
Illustrating this transformation by a populist example, it cannot be said to be the same Constitution under which first Zulfikar Bhutto and Chaudhry Fazal Elahi were prime minister and president. Then came Nawaz Sharif and Rafiq Tarar and in more recent times, Zafarullah Jamali and General Musharraf. Fazal Elahi and Mr Tarar were both figureheads. The argument could be only on the point who received more courtesy or was exposed less to ridicule. Whatever little role the Constitution gave to their poets too was denied to them by overbearing prime ministers.
The legal and actual distribution of power between General Musharraf and Jamali is public knowledge. Though Mr Jamali as prime minister was the chief executive, he knew well that he owed his position to the president and not to his party or parliament.
If the president could appoint him without a protest from party members he could also remove him without causing a murmur. Yet, Mr Jamali would have served the system better had he not publicly owned General Musharraf as his boss.The Constitution in its current forum, thus, is neither a source of political stability nor a binding force for the federation.
It has been used alternately by the politicians, bureaucrats and generals only to provide a cover to their personal rule and to procure immunity against legal action when it ended. The sanctity attached to the 1973 Constitution is misplaced for it no longer exists.
In examining the causes of instability and conflict in the country the focus has always been on the legal structures ignoring the flaws of the political process through which they were created. The fundamental principle of the electoral exercise in a democracy, whatever its from, is the representation of the mass electorate (i.e. every adult citizen) in power and its orderly replacement at fixed intervals or earlier if need arises.
Judged by this measure, the parliament and the provincial assemblies that now exist must be replaced for the representation of the people in their election was both limited and flawed. Their representative character is further impaired by the parties splitting and members realigning their loyalties.
In a society like ours where the middle class is weak, the illiterate masses look for help and guidance to a charismatic leader rather than a party. That inevitably implies centralized autocratic direction rather than the delegation of authority to the councils regions. This trend can be checked only by frequent recourse to elections in which all political forces, dissenting or anarchic, are encouraged to participate in a free atmosphere through a fair ballot. Mr Bhutto, the most charismatic leader of the post - 1971 era, paid with his life for not doing so.
The autocratic trends in Pakistan's politics have gained strength from two unrelated, undemocratic developments. The one to which the ruling Muslim League of the day subscribes is the insistence on conforming to an ideology.
The other is a fast- spreading belief that in the current domestic and world conditions, the army is the only force capable of maintaining order in the country. These thoughts are not new but are now assuming proportions that are menacing for democracy.
Groups preaching an ideology perceived as standing above the Constitution and will of the people have always been around. They have gained ground as the "nationalist" or "liberal" forces came under increasing restraints of all kinds. The ideological elements, however, were never numerous or strong enough to influence public policy. But after the last elections, they found a powerful voice in the assemblies and other corridors of power because the moderate political forces were kept out by force of decree.
Likewise, reliance on the army to restore order when it is disturbed is not new. As early as 1953, the army was called out in Lahore to put an end to sectarian riots which the political government of the time was unable or unwilling to handle. The army had to come out again in 1977 to control the much wider disturbances which were instigated by the politicians in opposition against Mr Bhutto.
That brought General Ziaul Haq on the scene who with his great guile combined an elusive ideology with the hard reality of power to carve out a permanent and dominant place for the armed forces in the national politics and administration of Pakistan.
It is this combination of raw power and vague ideology which has made terror the bane of people's lives. It can be eradicated by frequent and fair elections and not by a show of arms. America is seeking to win the war on terror by holding elections. So should its ally Pakistan.
Keeping balance in the dialogue
By Maqbool Ahmad Bhatty
Following the Saarc foreign ministers' meeting in Islamabad, during which the Indian foreign minister also met the top leadership, the composite dialogue process has picked up momentum, and meetings are being held on various issues in New Delhi and Islamabad. The foreign secretaries had met earlier, and the foreign ministers will meet on September 5-6, 2004.
The meeting on the Wullar Barrage could not reach agreement, reflecting how delicate water issues remain. One should not expect breakthroughs on other matters during the initial meetings at which both sides would be inclined to state their known positions. Some concrete steps can be taken quickly, to signify progress, such as restoring the rail link between Sindh and Rajasthan.
The resumption of the dialogue is by itself a significant development, and there can be no doubt about the strength of popular sentiment on both sides to move forward. However, one should not underestimate the effect of over 50 years of confrontation, which have bred mistrust. India had tried coercion for 10 months, from December 2001 to October 2002, and was persuaded to respond positively to the repeated calls for dialogue by Pakistan.
It would be wrong to assume that there are any other factors, besides the failure of coercion, that would compel India to make major concessions on key issues, notably that of Kashmir.
The process of rapprochement is going on at two levels, multilateral, through Saarc, and bilateral, through the resumed composite dialogue. While a breakthrough was achieved in January this year, following the Musharraf-Vajpayee meeting after the Saarc summit in Islamabad, in the shape of a decision to start a new phase of relationship, the defeat of BJP-led NDA in India's general elections brought unexpected changes.
Mr Vajpayee, though the leader of a Hindu extremist coalition, appeared to have a personal stake in ushering in a new era of friendship. This unexpected development has produced a situation in which chances of quick progress in the dialogue have been reduced.The Congress, which has led India for nearly 50 of its 50 year history, has a tradition of asserting India's leadership in the region.
While it talks the language of secularism and moderation, it has been more assertive of India's destined role as the dominant power in the Indian Ocean region. Pandit Nehru, who led the country for the first 17 years, visualized India as one of four great powers in the world, the others being the US, Russia and China.
He had sought to carve out a leadership role in the Non-Aligned Movement, though, ultimately, India tied its chariot to the Soviet juggernaut. In the decisive proxy war between the superpowers in Afghanistan, the US felt obliged to revitalize the flagging alliance relationship with Pakistan.
After the end of the Cold War, with Islam viewed as the successor threat to communism, the US took a 180-degree turn, and identified India as its new strategic partner, particular as China began to emerge as a potential challenger of its hegemony.
Though the 9/11 terrorist attack has restored Pakistan's relevance to US concerns, and Washington is anxious to promote a detente between the two South Asian rivals, the stance of the US is not really balanced. This is partly because of the overall recognition of India as the emerging economic and political power in the region, and partly because of the view held by Israel that Pakistan's nuclear capability constitutes a long-term threat. Our internal divisions and vulnerabilities also present a contrast to the stable democratic institutions in India that appear favourable for take-off by that country in the near future.
With poverty and deprivation posing the main challenge to our people, many believe the time has come to get our priorities right, and to concentrate on economic development instead of maintaining the costly arms race with the emerging Great Power next door. China provides an outstanding example, whereby, without abandoning its principled position on Taiwan, it has concentrated on economic development over the past 25 years.
As we take up the composite dialogue item by item, there are already signs that India is not ready to make significant concessions on political issues, at least not in the opening rounds. As major issues, like peace, security and Kashmir come up, there might be some progress here and there, on matters such as nuclear CBMs, but India has already sought more time to take up the issue of Jammu and Kashmir seriously. Indeed, the sum total of progress made both on multilateral and bilateral issues leaves little doubt that the resumption of the dialogue does not imply a readiness to compromise, and that national perceptions and goals will remain uppermost.
Taking up the multilateral issues first, there has been progress, especially on trade issues through the agreement on Safta, and also on counter-terrorist cooperation. Differences have emerged, however, on the future expansion of Saarc. India is pushing for the inclusion of Afghanistan, since it hopes to acquire transit rights to Central Asia.
China has expressed interest in being associated with Saarc, which Pakistan would welcome but India may not. Smaller members want Saarc to have links with other regional groupings, but India does not favour this at present.
The Asian Cooperation Dialogue process has made progress through the meeting held in May in China, and the next meeting will be held in Pakistan. Here also, India is less than enthusiastic on inter-regional cooperation.
The overall impression is that India, while willing to activate Saarc owing to the interest of the smaller members, is less keen to see it play a leading role in regional cooperation, as it continues to seek a major role for itself.
Energy is one area where progress is likely, and Pakistan, which chairs the energy committee, may have greater success, in integrating the electrical grids and tapping extra-regional resources.
The Indians have shown cautious interest in the gas pipeline from Iran through Pakistan. Indeed, such will be the growth in demand for energy as India develops, that other pipeline projects, such as the one from Turkmenistan via Afghanistan and Pakistan may also be encouraged.
The bilateral dialogue is being pursued on the basis of the composite eight-point agenda agreed on in 1997. The opening meetings on each item are bound to witness a reiteration of the national stance, but some token advances may take place.
There is already some move to liberalize visas, and the reopening of consulates-general in Karachi and Bombay has been agreed. Whether the former residence of Quaid-e-Azam in Mumbai will be made available looks doubtful, with Shiv Sena's Bal Thackray still commanding considerable clout in the city.Progress on major issues such as peace and security was recorded when the foreign secretaries met in New Delhi in June. The agreements like advance intimation of missile tests show a movement forward, and India has also proposed other military CBMs.
However, India has pleaded for more time before taking up the Kashmir dispute. Pakistan favours the start of a negotiation process in which such matters as the role of Kashmiris, and measures to reduce violations of human rights can be taken up along with other modalities relating to President Musharraf's four-point plan, that seeks to cater to sensitivities of both sides.
The principle of simultaneity in progress on all items of the composite agenda remains important for Pakistan. However, realism demands that if progress is possible on some matters and is beneficial to both sides, then it should not be ruled out because the sides are moving more slowly on other items, notably Kashmir.
India is seeking to demonstrate some progress on Kashmir, by proposing that the bus service from Srinagar to Muzaffarabad be started and since there is a ceasefire along the Line of Control, trade across it and even tourism may be allowed.
The two countries could cooperate on environmental issues. However, the fact remains that the start of the dialogue has not ended the freedom struggle inside Kashmir and Indian repression has stepped up. An agreement to withdraw some of its forces by India should be a logical response to the commitment by Pakistan to prevent cross-border movement by militants, which has reduced greatly.
The resumption of the composite dialogue is a major development. It has full support of the people on both sides, as also of the major powers. However, given the history of confrontation and mistrust, we should be realistic in our expectations.
There is need to maintain unity in the ranks of our people as it will affect the progress we actually make. As we approach another milestone of history on August 14, we need to rise above petty and parochial considerations to fulfil the Quaid-i-Azam's dream.