The unfinished business of independence
By Syed Mohibullah Shah
THE state is a powerful instrument for carrying forward the political objectives of society. While a colonial state imposes its own agenda upon the society its controls, national independence is meant to reverse this relationship between state and society.
However, 60 years after the state became independent, society in Pakistan is still not empowered to determine the content and direction of state policy and action.
Refusal of the state to submit to the will of society under various pretexts lies at the root of the prevailing social and economic tensions in the country. A clear example of this persistent refusal is that it took 25 years after independence for the country’s first popularly elected parliament and government to take charge of the affairs of state and to determine the content and direction of state policies.
Non-democratic traditions of governance set in the first quarter century of independence continued afterwards too as the state apparatus became creative and capable of coming up with one excuse or the other not to submit to the will of society.
The persistent refusal of state to be guided by the wishes, hopes, aspirations, fears and concerns of society has been adding to the unfinished business of national independence as problems of poverty, illiteracy, backwardness, income and regional disparities, the federal-provincial equation, civil-military relations and other matters go unattended.
The divide between state and society over the decades lies at the root of several tensions and troubles bedevilling the country including rising militancy that is leading to both national and international concern. Our chances of success at solving these problems also depend upon our ability to distinguish the symptoms from the causes.
If we do not sincerely address the root cause of severe imbalances in the relationship between state and society, our tinkering with the symptoms may cause bigger problems ahead.
The rise of non-state actors is often the product of this disconnect between state and society when some disgruntled elements take up roles and responsibilities that normally would belong to the state. The problem lies with non-state actors who do not believe in peaceful and legal means for advancing their cause. But if we pause to think here, we will find that where national independence has not succeeded in changing the colonial character of relationship between state and society, the state increasingly relies upon its coercive apparatus to impose its will upon members of the now supposedly independent nation.
The disempowerment of society — except for a minuscule segment — even after the state acquires sovereign independence creates a divergence of interests between holders of state power and members of society, and fuels anger and frustration in the social, economic and political arenas.
The history of Latin America is full of examples to indicate that the longer the unaccountable state tries to control society through force, the greater the boost to non-state actors that also resort to the use of similar tactics. Here also lies another lesson in good governance: a law-abiding state sets a good model for a law-abiding society to grow and take strength.That brings us to the critical issue of legitimacy in governance. Everyone wants a stable, peaceful and prosperous society and it is the duty of the state to work towards delivering it. But stability in state-society relations is not possible in our contemporary world without respecting the principles of legitimacy in governance.
It was alright in mediaeval times when no one — other than the ruler — had the ‘right’ to anything, including his or her life, much less the right to choose and change governance. But in a world that has been shaped by the application of the universally respected principle of governance by consent of the governed, the state apparatus in Pakistan cannot be an exception to this universally accepted basis of legitimacy of governance and still expect stable relations between state and society.
In fact, governments of countries that are not legitimate in the eyes of the contemporary world have often been made to pay a heavy price in order to purchase some figment of legitimacy for themselves, and at terrible cost to their societies.
Several observers feel that it was the lack of legitimacy of General Zia that drove him into turning the country into a frontline state to fight proxy wars in Afghanistan. It would be uncommon to have a government open its country’s doors to gun-running, drug trafficking, money laundering and the training of private armies from some 40 countries unless it also saw in the scheme a window of opportunity for itself to secure international legitimacy by providing extraordinarily unusual services.
Militancy can best be controlled through the moral authority of a legitimate democratic government guided by the rule of law. Governing from the foundations of universally recognised principles deprives militants of moral and legal arguments and completely isolates them from the rest of society and also helps bridge the divide between state and society.
Dividing people between the extremists and moderates or violent and peaceful Pakistanis is fictitious and dangerous. First of all, there are not too many misguided militants prone to violence and they are largely localised. A vast majority of Pakistanis, including religious elements, are peaceful and law-abiding citizens.
A strategy of direct confrontation may well cause the fires to spread — especially if the Jamia Hafsa operation was any indication of the quality of intelligence and conflict resolution techniques at the disposal of the government.
Besides, it would divert attention from addressing the root cause of tensions in society: the absence of moral authority of legitimate and democratic governance guided by the rule of law that includes a social and economic reform agenda for inclusive governance and bridges the divide between state and society.
The fact that the absence of the rule of law and genuine democratic governance is the real issue facing Pakistan was proved by over four months of a peaceful movement led by the lawyers all over the country; a movement which united people across religious, sectarian, ethnic, provincial and other divides and was ample proof of what people consider as the real threat facing Pakistan.
That is why the lawyers’ movement immediately occupied the moral high ground because it was seen to be a second attempt at achieving the long forgotten aims of struggle for national independence and was addressing the core issues of establishing the rule of law and democratic governance in the country and holding the state accountable to society.
This movement also showed that our society is not prone to committing acts of violence since the only real trouble that occurred during the entire movement was on May 12 in Karachi and after the Lal Masjid operation in Islamabad. Several observers have already explained the origins of these events.
The best way now for moving forward to fulfil the unfinished business of national independence is for the democratic forces of change and the lawyers’ movement that share the same objectives to work out a common framework for taking forward the struggle for the rule of law and democratic governance in Pakistan.
Just as democracy needs the rule of law to guide its working and prevent its deterioration into elected authoritarianism, the rule of law and judicial independence need a culture change in society so that the laws and the Constitution are backed and sustained by the will of the people.
If these are existential times as some seem to think, they call upon both state and society to overcome small irritants and frictions. Both have a common understanding of the root causes which have been straining the federation.
Sixty years ago, the state became sovereign and independent. This must be the year when the society — despite being subjected to many machinations and betrayals — is finally recognised as the sovereign master to whom the state is accountable.
The writer is former head of Board of Investment and federal secretary.
smshah@alum.mit.edu

