Emergency: an escape route?

OFFICIAL quarters have denied that a state of emergency is on the cards, though reports in some TV channels on the night between Wednesday and Thursday were scary. One channel, quoting “official sources”, even reported that President Pervez Musharraf had signed the instrument of emergency. Whether the rumours turn out to be true or false, the question remains: does the declaration of a state of emergency serve the interest of Pakistan? Whether it also advances the interests of the military rulers is of secondary importance, though a relationship between the two does exist. The implications of such a move are profound and could shape the future of politics for a long time to come. In some ways, the emergency could prove dangerous for the state and strengthen those very forces and political elements the government is afraid of. In the case of the political elements, the judiciary’s newly found independence could help them re-enter the political arena with confidence and that is bound to upset the generals’ apple cart. Also of vital importance is the petition challenging President Musharraf’s re-election bid while in uniform.

A declaration of emergency will have profound constitutional and political implications and throw the nation back on the freedom scale more than a decade back. The emergency’s approval by parliament within 30 days of a presidential declaration, as required under Article 232, is a formality that should pose no problem for the ruling coalition. However, once armed with the powers flowing from Article 232, the government could resort to options that are frightful and could cripple democracy and stifle basic freedoms. The biggest casualty could be press freedom, which has been the most precious and laudable feature of the present political set-up. Also to be affected adversely will be political activity, especially the right to assembly. The emergency cannot be extended beyond a year, and the relevant Article authorises the government to extend the life of parliament and thus delay the general election to which the nation has been looking forward with a great deal of interest. The emergency will also curtail the powers of the provincial governments and enable the centre to dictate to them.

Several reasons are being cited for the government’s possible use of the emergency option, and these include the political implications of the independence of the higher judiciary, the rising wave of extremist violence, especially suicide bombings, the kidnapping of, and attacks on, Chinese nationals in Pakistan, and the American threats to invade the tribal area. It is not clear in what way the emergency will enhance the military-led government’s ability to meet these challenges more effectively. Already, the powers at its disposal are enormous because the generals control both the military and the civilian apparatus of the state. If the combination of these powers has not helped the government meet these challenges, in what precise and practical way can the imposition of emergency come to the rescue of a regime perceived to be beleaguered? A postponement of elections will only add to the prevailing feeling of confusion and uncertainty and make it more difficult for the nation to pick up the thread of democracy yet again and make a success of it. The threats facing the nation are grave, and only a government armed with a mandate from the people — a mandate secured through a fair and free election — can stem the tide of extremism and meet the threats to Pakistan’s sovereignty from many quarters.

Day of the militant

THE security forces were little more than silent spectators as the local Taliban overran Darra Adamkhel on Wednesday after ‘capturing’ a nearby village, which fell to the militants following a pitched battle with Qasimkhel tribesmen. Flush with their success, heavily armed Taliban then descended on Darra Adamkhel, brandishing machine guns and proclaiming that the “mujahideen” had “restored peace”. Terrified residents could only watch helplessly as the militants took control of the town located a mere 35 kilometres (22 miles) south of Peshawar in Frontier Region Kohat. This is not the first time that the local Taliban have flexed their muscles in Darra. In June, the militants had imposed a 10 pm curfew, set up checkpoints where everyone had to stop or face being shot, and made reporting on the militants’ activities an “unpardonable” crime. The question is: if militants can seize control of a town situated so close to the provincial capital, how capable is the state — and its security apparatus — of ensuring the rule of law in more remote areas? These are not some shadowy militiamen engaged in hit-and-run operations in some desolate areas. On Wednesday at least, the Pakistani Taliban ruled the town of Darra Adamkhel where helpless residents were left to fend for themselves.

The government must take immediate action and any failure to do so will be unacceptable. Even if the militants ultimately leave or are forced out of Darra, they must be pursued and neutralised. Bogged down in the politics of expediency and the struggle for self-preservation, the government has failed miserably in checking the growth of extremism in recent months. Darra’s takeover, however brief it may turn out to be, is not an isolated incident. After enforcing their writ in vast swathes of the tribal belt, the local Taliban are now spreading their influence in all directions. It is in the national interest to stem the rising tide of Talibanisation, for it is Pakistan — not the US or Nato — that is bearing the brunt of this militancy. Society and core values as we know them are under attack, and efforts to bring the fanatics to book must be redoubled.

Quicker justice for under-trials

IN these times of judicial activism, one hopes that the courts will take greater notice of prisoners living in the crowded premises of the country’s 82 jails. Indeed, owing to the recent lawyers’ movement, a number of delayed hearings added to the agony of under-trial prisoners, who, even under normal circumstances, have to face frequent trial postponements. Pakistan has a low conviction rate and the majority of the prison population consists of under-trials, so there is no justification for jails to be as crowded as they are. An example of this is the Adiala jail in Rawalpindi, which has a prison population of 6,195 — more than three times its sanctioned capacity. Similar overcrowding across the country has resulted in petty offenders being housed in the same cells as hardened criminals who exercise their pernicious influence over them. The presence of a corrupt prison staff has not helped either, with the result that, instead of acting as reformatories, Pakistani jails are more like dens of violence and vice. Various commissions have recommended jail reforms but these have not been implemented, thus aggravating the sufferings of prisoners many of whom spend more time in jail as under-trials than they would if sentenced.

The onus is on both the courts and the state to speed up the cases of such prisoners so that they don’t languish indefinitely in prison. Logistical lapses, such as the dearth of prison vans, should be removed and all prisoners provided with legal counsel if they cannot afford it themselves. Expanding jail premises may seem a practical measure but it must be accompanied with the quick trial and subsequent release of those who have been prosecuted for minor offences, or else living conditions will continue to worsen.

The real spirit of Islam

NO religion has fallen so much in the line of conspiracies as Islam – not for any good reason but mainly because of jealousy as already predicted by the Quran. Powerful lobbies have again combined to malign Islam, this time mainly for violation of human rights. Unfortunately, those in the reach of these lobbies readily accept their accusations without caring to know who violated any human right and why?

The religion of Islam is not a new religion. It has been in place for more than fourteen hundred years about which some of the most prominent intellectuals of the West have said. ‘The nobility and broad minded tolerance of this creed which accepted as God inspired all the real religions of the world will always be a glorious heritage of mankind.’ (Duncan Greenless).

For five centuries, from 700 to 1200, Islam led the world in power, order and extent of government, in refinement of manners, scholarship and philosophy (Will Durant).

No other society has such a record of success in uniting in an equality of status, of opportunity and of enduring so many and so various races of humanity. (Professor Gibb)

In fact, the only appropriate way of judging the merit and true spirit of a religion is to have a look at its scripture, its history and what its main proponent and protagonist said or did and not what some of its followers now say or do. Has any Muslim ever accused Christianity for the most destructive bombing of Hiroshima or Nagasaki or Judaism for the atrocities perpetrated daily on the Palestinians. Never because they know that Christianity and Judaism are the real Divine religions. If there is anything wrong it could be only with the present followers and not with the religion.

Islam too is a Divine religion by all counts. First it affirms in unequivocal terms the Unity and Uniqueness of Allah (112 1-4). Second, it confirms all the Divine scriptures and religions that came before it. As the Quran says, “It is He who sent down to you the Book, confirming what went before it, even as He revealed Torah and the Gospels” (3:3). Third, it commands equal respect to all these scriptures and exhorts the believers to have faith in all the Messengers of Allah and do not make any distinction between them (2:285).

Fourth, it literally implies submission and in the Quranic sense submission to the Will of Allah. That is why it is not tied to any particular person, place or people. Fifth, it does not say that it is a new religion but claims to be basically the same religion that was enjoined on Ibrahim and that was followed by Moses, Jesus Christ and all other Prophets of Allah, of course with its own charter of guidance and shariah (law). Sixth, it exhorts the followers of all Divine religions to be true to their religions and follow their own law (shariah) and if they have to compete in anything it should be only in virtues (5:85).

Now coming to the Quran, the scripture and mainspring of Islam, it, inter alia, highlights six factors of fundamental importance. One is that human beings are the vicegerents of Allah on earth (2:30) who has favoured them above most of his creation (17:70). The other is that it emphasises the need for their guidance and development with the acquisition of knowledge and actualisation of Taqwa (fear of Allah) as its main ingredients to enable them to develop and attain the level that can enable them to discharge their obligations as Allah’s vicegerents in a befitting manner. (2:185)(4:174)

The third is that it categorically declares that all human beings are equal (49:13) and are for that reason entitled to all such rights that could be basic to human dignity, decent living, freedom, security and welfare. The fourth is that it emphasises the need for observing the principles of balance, the principle on which the whole system of the universe is structured and functioning which could be the only way to survive and live with peace and tranquality in the system (55:8).

The fifth is that it highlights the importance of knowledge and exhorts us to go on acquiring it from cradle to grave (20-114). The sixth is that it cautions the human beings that the favours conferred on them are not just doles and gifts but they have to account for the use made thereof and will be duly requited for it.

By declaring that human beings are the vicegerents of Allah on earth the Quran gives an exalted position to the human beings above many other creations of Allah. Then through guidance it tells the human beings about their obligations as Allah’s vicegerents on earth. The obligations are of three kinds, the obligations that the human beings owe to Allah, the obligations that the human beings owe to their fellow beings termed as huqooqui ibad (human rights, and the obligation they-owe to other creations of Allah. Some of the human rights and how to abide by them are enjoined by the Quran thus:-

i) to accept that all human beings are equal and shall on that account be entitled to all such rights that could be basic human dignity and basic needs at the relevant time but always within the limits set by Allah (49:13).

ii) to abide by the principle of equal opportunities, namely, that every one shall be entitled to have the same or similar opportunity, where possible to learn, develop, grow, contribute and be accordingly rewarded (49:13)(4:32) and

iii) to abide by the principle of balance to the extent possible in all matters and in all dealings, transactions and relationships with each other. This should, among other things, mean to be just and fair to others (4:135)(5:8), not to usurp what belongs to others (2:188)(4:32), not to violate trusts (8:27), to keep up pledges (17:34), to pay zakat (2:177), to render financial help to the needy (2:219), to be kind to parents and all others (17:23)(4:36), not to withhold from other things due to them (11:85), not to commit excesses (5:87) to treat wives with kindness and to seek others welfare (sayings of the prophet).

At least two factors can play an indispensable role in the development and progress of human beings. One is equality according to which all human beings, irrespective of their caste, creed, colour, race or language shall be equal and shall be treated at par in matters of basic rights. In fact neither the development nor the progress of human beings can be possible without firm belief in this reality. The human beings, both as individuals and societies, need to learn from each other, to cooperate with each other in the acquisition and dissemination of knowledge, to help each other specially in hour of distress and to launch joint struggles as well as for attaining common goals or making use of certain natural resources for common benefits which cannot be possible without the existence of some kind of bond impelling them to unite and come closer to each other.

That bond could only be the bond of equality as highlighted by the Quran (49:13) coupled with love and mercy (30:21) and affection (16:78) that Allah has put in their hearts. The very concept of human rights stems from the fact that all human beings are equal. One feels obliged to help a person in need only when he puts himself in the same or similar condition in which the person in need is and feels the pinch for a while.

Commitment to the principle of equal opportunity, another main ingredient of human rights, is another factor that can play vital role in the development and progress of human beings. The Quranic verse which says that all human beings are equal at the same time says that if there is any criterion of honour in the sight of Allah it could be Taqwa (righteousness) only. Righteousness is a criterion that everyone desirous of attaining it can attain it and it is an excellent example of the provision of equal opportunities.

This being the position, it could be most unfortunate to say that Islam sanctions or preaches violation of human rights simply because some Muslims may be doing for their own reasons.

The real race has hardly begun

EVEN when things are going well, a US political party will struggle to win the White House three times in a row. That hat-trick has been pulled off only once since the second world war, by the Republicans in 1980, 1984 and 1988. But the party is not in a 1988 position today.

After two terms, the president's approval ratings average around 30 per cent, and the voters' desire for change is palpable: a George Washington University poll last month showed the Democrats with a 12-point lead in next year's presidential stakes.

Does this mean that, come 2008, Americans can be relied upon to send a Democrat to the White House? Not a bit of it. Voters certainly prefer the idea of a Democrat to a Republican by large margins. But when they start comparing particular candidates - and that is what the real contest will come down to - those gaps narrow sharply. After last month's CNN-YouTube debate stretched her lead, Hillary Clinton looks on course to capture the Democratic nomination.

But in "match-ups" between her and likely Republican opponents, the Democratic lead evaporates. The GWU poll has her just two points ahead of the as-yet undeclared Republican candidate Fred Thompson. And in a match-up with the Republican frontrunner, Rudy Giuliani, Mrs Clinton actually trails by six.

All this might change, not least because neither nomination is sewn up. Democrats could still decide that Mr Obama represents their best chance of victory. He has held a steady second-place behind Mrs Clinton, but the more volatile Republican contest continues to churn. The decline of John McCain has inflated Mr Giuliani's lead, yet he may not prove the ultimate beneficiary. Grassroots Republicans in Iowa, where the candidates debated again yesterday, express little enthusiasm for the choices on offer.

They may revolt against Mr Giuliani's perceived liberalism and adopt a candidate closer to their own views, such as Mr Thompson.

–– The Guardian, London