Questions of piety and propriety
By Shamshad Ahmad
AMAZING things are happening in Pakistan. We have a caretaker governmental set-up to supervise ‘free, fair and transparent’ elections but it has nothing free, fair and transparent about itself. Its composition raises many questions of propriety, if not legitimacy.
Most of its ministers, if not all, are known to be dual, and in some cases triple, office-holders. Hopefully, they must have taken leave on full average pay from their permanent jobs during the few weeks of their caretaking secondment.
The most conspicuous oddity, however, is the one regarding our caretaker prime minister who besides being known for his ‘piety’, is also the sitting chairman of the Senate, a position to which he was nominated by his former ruling party, the Q-League which he has not quit. In terms of the Constitution, he could only officiate ad interim for the president whenever he by reason of his absence from Pakistan or for any other cause is unable to perform his functions.
The Senate chairman cannot occupy any other constitutional office; much less the office of the caretaker prime minister who is expected to be non-partisan and independent to ensure the free, fair and transparent conduct of elections. In any case, the office of the caretaker prime minister is a position of profit in the service of Pakistan, and cannot be entrusted to an elected member and a sitting chairman of the Senate.
Only legal and constitutional experts can throw light on the legitimacy of sitting astride at the same time in two public offices, but morally and ethically to the common man, it makes no sense whatsoever. It lacks both piety and propriety. The caretaker prime minister now retains all the privileges and perquisites as chairman of the Senate while enjoying whatever comes to him as bonus in his present capacity as appointed caretaker prime minister.
What makes this anomaly even worse is that this is not the only case of its nature. Until recently, we had a dual office-holder president. He went ahead with his highly controversial re-election while still in uniform as army chief from the same assemblies that had elected him for his last term and were themselves completing their tenure. He then sacked the entire Supreme Court fearing an adverse ruling on his eligibility issue. The questions of systemic legitimacy continue to haunt the political heights on Constitution Avenue.
Meanwhile, the caretaker cabinet is busy running the show as effectively as they are allowed to. In fact, they have no powers except those to deliver the desired results in the coming elections. Since they have nothing to do in their offices, most of them are roaming aimlessly both at home and overseas. The prime minister accompanied by a high-ranking delegation has just returned from Yemen after a ‘very successful’ goodwill visit during which he exchanged views with his Yemeni hosts on regional and global issues.
To be fair to the caretaker prime minister, he must have gone to Yemen only to refresh his old contacts there and to persuade them of Pakistan’s hospitable environment for foreign investments. After a two-day stay in Yemen, he and his entourage availed themselves of the opportunity to take a side trip to Saudi Arabia where besides meeting the executives of a couple of business groups working in Pakistan to make the whole journey look official, he and his delegation performed umrah and went to Masjid-i-Nabvi.
All this was at state expense. Even their umrah robes to be worn in the House of Allah were provided at state expense. A pilgrimage of this nature is by itself spiritual slyness. You can’t play tricks with Almighty Allah. This surely was an abuse of authority and faith. But one thing is clear. Not a single penny of foreign investment, not an ounce of foreign goodwill and not an iota of Allah’s blessings will come to our poor country from countless foreign visits and umrah junkets at state expense.
Instead of taking care of his own people’s pressing daily bread and butter needs at home, he found time to travel to Yemen and explore how he could resolve the Middle East issue. It is not clear what prompted him to get involved in Middle Eastern inter-state diplomacy and that too with his counterparts in Yemen, a country where he once served as general manager of the International Bank of Yemen.
The problem is that the nation somehow has had the painful experience of Pakistan origin private bankers skilled in doubling Arab money. We are suffering the worst food shortages and oil and gas outages of our history thanks to the microeconomic ingenuities of another Pakistani private banker who is fondly known among Arab princes and sheikhs what we in our country would now call ‘Double Shah’.
Coming back to the caretaker government and questions of propriety, we also have a minister who is concurrently holding two other salaried positions. He is a senior executive of a Sharjah-based company called Crescent Petroleum, and also Pakistan’s ambassador to the UAE with residence in Abu Dhabi. In terms of the Vienna Convention on Diplomatic Relations 1961, no private professional or commercial activity is permitted to any diplomatic agent.
This is also a clear case of conflict of interests and a blatant violation of diplomatic norms involving an ambassador accredited to a foreign country simultaneously engaged in another professional activity and a regular job as a contractual minister in Pakistan’s caretaker cabinet.
Apparently, this blatant violation of international law, specifically of Article 31 of the Vienna Convention forbidding any professional or commercial activity by a diplomatic agent in the receiving state outside his official functions has escaped the attention of the government of the receiving state, namely the UAE, which otherwise is one of the most law-abiding states in the world and is known for its strict observance and scrupulous application of the provisions of international law and universally agreed norms of diplomatic protocol and propriety.
What is amazing, however, is the complacency of our own Foreign Office which should have pointed out this anomaly to obviate the risk of an unpleasant diplomatic incident between two brotherly countries. If I am not mistaken, the appointment letter of every career or non-career ambassador has a clause proscribing professional and commercial activity or any job other than the representational responsibilities on behalf of the sending state.
There is too much conflict of interest involved in this case, especially when the minister is also pushing matters on the Iran-Pakistan-India transnational gas pipeline project. An ad hoc minister with limited mandate and questionable credentials has no right to get involved in substantive negotiations or finalisation of transit issues on this important project.No wonder India has refused to join in a trilateral meeting precipitously arranged in Tehran on Feb 12-13 through the personal efforts of our over-enthusiastic petroleum minister. A country which itself has a democratic and institutional decision-making system would rather wait for an elected government to be in place in Pakistan before any substantive discussions on this or any other project.
Questions of piety and propriety never arise in value-based, constitutionally-ruled democratic societies.

