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Raymond Davis Saga and Bold Judgment

Dr. Muhammad Aslam Khan

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Raymond Davis has been acquitted by a lower court in Pakistan from the alleged charges of committing a felony in broad day light on a busy road in the provincial metropolis, Lahore. The shock decision has left the nation floundering in the deep sea of turmoil and anguish.

The frenzy of debate about pros and cons has touched a new crescendo but is destined to die off. The tragic murders of Faheem, Faizan and Ebad were also ominous that swept our foreign minister, Shah Mehmood Qureshi, off his portfolio for his reticence in not yielding to the official stance and later lobbing a leading statement that Raymond  did not enjoy diplomatic immunity. The statement was embarrassment for the U.S. as well as Pakistan. His post resignation discrete bitterness was palpable as he embarked on yet another imprudent phase of public discourse. Foreign policy is not a mob politics, a fact he utterly failed to reckon. The visiting U.S. emissaries paid him visits too to afford him a chance of rescuing his image and heal the dent caused to his vanity. However the damage had been done.

Within hours, we stood thoroughly polarized as a nation when government lost entire maneuver space for public diplomacy though it made several overtures that Raymond case was within the ambit of mutual diplomatic protocols. By implication, Pakistan pursued double track diplomacy. On one hand, it assured U.S. that the margin for return of the accused could be explored, even after allowing the law of the country to take its course. On the other hand, our Prime Minister led the campaign to dampen public angst, assuring that we would behave like a proud sovereign state and stand by the grieved families. It was a statement of several dimensions. Concept of sovereignty in globalized politics has under gone a tremendous adjustment but our masses were never educated about it at any stage.

The way Raymond gunned down the victims, was a clear illustration of his hubris. To top it all, U.S. Consulate rescue vehicle crushed Ebad to death in an attempt to reach beleaguered Raymond, adding fury to the fire. Public resentment further inflated to become a tsunami of hate, particularly after U.S. insisted upon release of the accused, flaunting his disputed diplomatic immunity card, when deceaseds’ blood had yet not dried up.

Pakistan government at provincial and federal levels took a marvelous stand at such a crucial juncture and let the legal formalities proceed by detaining Raymond in the jail who did not expect detention for a moment but had to face incarceration for several weeks. Yet under the barrage of media hype and threats from some intolerant segments of civil society, dispassionate opinion never surfaced that would have informed the masses that dispensation of ‘justice’ also needs conducive environments and restraining of emotions at least until the court’s verdict. Media failed to project a point that courts are not the bodies, which go by the public agitation to execute the accused summarily. Universal hallmark of the justice remains that a criminal be let off the hook for want of evidence once a while but never ever an innocent be dispatched to gallows.

On certain scores, we as a civilized nation have been out rightly the losers. The moment news flashed on the electronic media about acquittal of Raymond, reactionary sentiments swelled up to match Himalayan peak. In the wake of carefully orchestrated ‘threaten and scare’ campaign by some non-integral parties to the episode but with vested interests, no one was prepared to believe the impartiality of the judicial organ that goes by the norms of justice and not by the nefarious agenda or shenanigan. The fact is the victims’ dependents/heirs have accepted ‘diyat’ (compensation/blood money) while dropping murder prosecution and forgave him. Their act bears legitimacy from all angles and leaves no space whatsoever for protests from any quarter because the heirs availed their right the same way as they did while opting to lodge murder cases against Raymond. Unfortunately, in this land of pure, a draconian trend has sprung like a monster that any trigger happy person, disregard to his credentials has the authority to bring forth the charges and summarily execute the ‘sinner’ at his will. The silent majority is aghast and watches from the periphery. The other day, a woman who opted to seek her marriage dissolution from her husband was slaughtered within the courts premise in full public as well as police view because her husband thought that she was ‘wasting’ his/her time and he had expeditious ‘mode’ of justice to administer.

No one ever brought forth in the media the incidence of several deaths of the foreign dignitaries in alien lands including Pakistan when the norms of courtesy and diplomatic manners were never sacrificed. It was a harsher case in contrast but the way out has absolute backing of law. It would be ridiculous if one fumes from the den over government, Raymond, victims’ heirs or for that matter even over U.S. who secured his release after satisfying all legal and religious impediments. Not being content here, reportedly prosecution proceedings against Raymond have already commenced. In other words, U.S. has been truthful to its earlier pledge when it promised to conduct Raymond’s trial and sure, it is being done though after forgiveness by the victims’ heirs and payment of blood money, they have the margin to omit penalizing him. U.S. Ambassador in Pakistan, Cameron Munter did not celebrate Raymond’s acquittal but sought an opportunity to reach for soothing of the victims’ heirs’ ire instead. So did Senator John Kerry though none of them was obliged to do so at this stage.

Our sovereignty is too fragile and threatened even when a straw moves. Sovereignty is a term easy to use because it fills the mouth and sounds scholarly but scantly understood. Certainly, it endows tremendous status on a state but also encumbers it to measure up for several responsibilities to qualify for the ‘sovereign’ title. On the internal scene, persistent efforts to create a cobweb of intrigues and obfuscations certainly hindered the justice that our brilliant judiciary managed to obviate. A plethora of conspiracy theories, our visionary private TV channel anchors conceived while putting answers in others mouths through leading questions were deplorable. Media is obliged to expose the opposing opinions and views in tandem and helps intelligentsia to make the just choices. Unfortunately, it acted as a big stoker of public frenzy. An anchor also probed the myth of absence of Mian Nawaz Sharif, a prominent opposition leader and Mian Shahbaz Sharif, Punjab Chief Minister, on Raymond’s departure day to give it a mysterious twist. Perhaps at that very moment, Mian Nawaz Sharif was battling for his life under the surgeons’ care in London.

What forced the family to flee the country? Obviously, the incentives may have been U.S. visas, green cards and securing the huge trove of money, they received. However, extensive intimidation and incessant life-threatening bully by their so-called sympathizers have been the actual cause of their fleeing. The bereaved families’ dilemma was rubbished under the malignant cries of nationalism and false ego. No one made any effort to pry into the victim families’ miseries. They obviously exercised their religious as well as legal right to accept blood money but who would call it a justice when Damocles sword was hung on them not to patch up. It was sheer wrongful coercion. Only a handful of true sympathizers and the court rescued them from the dilemma. Talk of the town is that ISI; our supreme intelligence agency played its role. If that were valid, it did wonderful job. For the security fear and any possible backlash, the acquittal and whisking away Raymond and heirs of victims by a USAF plane was a very well synchronized event. Raymond has benefited in the process that he owes it to the magnanimity of the victims’ heirs. No one has any business to resent.

Good news is that we have seen yet another feather added to the pinnacle of our judiciary’s glory and there is glimmering hope of emancipation ahead. Bad news is that our print and electronic media are misusing freedom of speech card. The most powerful group among them, instead of cementing national harmony, tolerance and international consensus, works as an arrogant cartel to agitate the masses further and sponsors opinion blitz, which is dangerously schismatic.

Dr. Muhammad Aslam Khan is a retired Brig Gen from Pakistan Army, served 32 years. A veteran of ‘1971 Indo-Pak War’ has been instructor in officers’ Pakistan Military Academy, commanded Divisional as well as Corps Artillery. Holds first class Masters degree in International Relations and PhD degree, acquired in 2002-2007 from University of Peshawar, Pakistan. Authored a book, writes frequently in national and international media. Has attended several seminars and conferences within the country and abroad on invitation. Travelled to Switzerland (twice), UK, US, UAE, Kingdom of Saudi Arabia, Germany (twice). Cambodia and Thailand. Email: dr.makni49@yahoo.com

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South Asia

Remapping Indian Occupied Kashmir: A Multipronged Travesty

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The second Presidential Order on the Reorganization of Jammu & Kashmir by India in 2019 is yet another outlandish decision to challenge the objectives of a peaceful coexistence. It is a call for altering an International Order more conversant to breach the democratic political norms, history and fundamental rights. Kashmiris are once again rebuffed of their demand for self-determination while being locked in an unprecedented brutal curfew entering into more than one hundred days. The desecration is obviously offensive.

Including the areas of Gilgit, Gilgit Wazarat, Chilhas and Tribal Territory of 1947, a part from the remaining areas of Leh and Ladakh districts of 1947 into the Indian Union is a violation of several United Nations Security Council resolutions passed decades ago. The Kargil District was already carved out.

Historically, there were 14 Districts of Jammu & Kashmir at the time of partition, which included Kathua. Jammu. Udhanpur, Reasi,  Anantnag, Baramullah, Poonch, Mirpur, Muzaffarabad, Leh and Ladakh, Gigit, GilgitWazarat, Chilas and Tribal Territory. The new districts included were Kupwara, Bandipur, Ganderbal, Srinagar, Budgam, Pulwama, Shupian, Kulgam, Rajori, Ramban, Doda, Kishtiwar, Samba and Kargil. The illustrative declaration of Muzaffarabad and MirpurKhas areas of Azad Kashmir which are under the administrative rule of Pakistan is an untenable denial of the history of the region.

To refresh their memories India needs to remember that at the time when Maharaja Hari Singh signed the controversial Instrument of Accession with India in October 1947, Gilgit was already inflamed with the passions of rebellion against Hindus and Sikhs living in Gilgit. While representing the will of his people, Muzzaffar, the raja orderly in Chilas said:

“The whole of Gilgit Agency is pro-Pakistan … we could never swear allegiance to Hindustan. Apart from religion, the Gilgit Agency is really a part of the NWFP and is therefore a part of Pakistan. If Kashmir remains independent, well and good … .But if the Maharaja through pig headedness and bad advice, political pressure or attractive remunerations accedes to Hindustan, then there will be trouble here!”

This was sensed by the British Administrator William Brown as well and decided to overthrow the then Governor Ghansara Singh in a bloodless coup d’etat in November 1947 and a provisional government was established by the locals of Gilgit. Raja Shah Rais was appointed as the president and Mirza Hassan Khan as the Commander-in-Chief. Pakistani political agent took over the region, once Khan Abdul Qayyum received a telegraph from Brown on November 16, 1947.

By May1948, the Gilgit Scouts had already taken over Baltistan, Ladakh and Skardu as well. Indian reinforcements were blocked at Dras and Kargil which helped them cut off Indian communications to Leh in Ladakh. However, Kargil was recaptured by them in autumn 1948 but Baltistan remained in control of Pakistan, after which India itself took the issue to the UN.

The current remapping of the region of Jammu & Kashmir is nonetheless not only a snubof facts but also adding into already destabilising factors in the region.The Pakistani parts of Kashmir to the north and west of the cease-fire line established at the end of the Indo-Pakistani War of 1947, or the Line of Control as it later came to be called, were divided into the Northern Areas in the north and the Pakistani state of Azad Kashmir in the south. The name “Northern Areas” was first used by the United Nations to refer to the northern areas of Kashmir. Pakistan has declared that “no step by India could change the disputed status of Jammu and Kashmir as recognised by the United Nations”, and has pledged time and again that it will continue to support the just struggle of the Kashmiris.

In an attempt to rewind the India of antiquity or revitalize the Indian Civilization lost in the international order of nation-states in the post WWI era, Narendra Modi’s arrogant Hindutva regime is non-realistic. The current attempt is a follow up of the Geospatial Information Regulation Bill (GIRB) passed by the Indian ministry of Home Affairs on May4, 2016, during his earlier tenure of rule on India. The Bill was meant to regulate the acquisition, dissemination, publication and distribution of geospatial information of India. It restricted the addition or creation of any information related to geospatial imagery, data acquisition through space or aerial platforms such as satellites, aircrafts, airships, balloons or unmanned aerial vehicles without the permission of the government of India. The Bill also made its violation indictable in contravention of the section 4 with a fine ranging from Rs. 1 crore to 100 crores or imprisonment for a period of up to seven years. The draft resolution had also decided to set up an Apex Committee, A Security Vetting Authority and an Enforcement and Appellant authority to only allow the distribution of maps considered right by the Indian government. It was deceptively declared to ensure the security, sovereignty and integrity of the state of India with impact on all who may or may not agree with the Bill defining the geographical boundaries of India. The spokesman of the Indian External Affairs Ministry Vikas Swarup once reiterated that the state of Jammu & Kashmir was an “integral part of India” and the GIRB was an “entirely internal legislative matter of India.”

Assaulting the international political system, human dignity, basic liberties and perpetual boundary disputes by the Indian offensive posture have added to the stressed political environment of the region. In case of the failure of the domestic proceedings to address human concerns, it becomes mandatory for the world community to ensure the respect of the world peace. History records that after the WWII, there had been 14 out of 21 major inter-state wars on territorial conflicts. Global history of cartography has always been closely linked. Situating the “geobody,” along with altering the archival documents by the nationalist regime of Modi largely emboldened by the Western powers for their own strategic and economic preferences, is a teasing question on the UN partiality. The history of border violations or failed negotiations over an issue increases the likelihood of armed conflict and nonbinding management.

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South Asia

Kartarpur Corridor: A message of Peace and Prosperity

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Kartarpur corridor was opened on 9 November 2019 (Saturday). It paved the way for the Sikh community to visit one of the most important religious shrines without a visa. There are approximately 150 million Sikhs around the world, out of which around 120 million are living in India. The other countries having the Sikh community are Afghanistan, Pakistan, UK, Canada, and USA.  However, the origin of the Sikh religion in Punjab, which was divided into Indian Punjab and Pakistani Punjab in 1947 at the time of independence of the sub-continent from British rule. The partition of Punjab has divided many Sikh families between Pakistan and India.  Due to political rivalry, among Pakistan and India, has adversely affected the Sikh Community. Some of the family members have never met in the last 72 years and few of them have already expired already.

While Sikh, Muslims and other religions lived together for centuries, especially in Punjab, and enjoyed complete harmony as the language and cultures are identical. But after partition, in 1947, the rivalry between Pakistan and India kept them separated for 72 years. With the opening of this Corridor, the Sikhs community in India becomes the most beneficiary and they are grateful for the gesture of goodwill by Pakistan.

The Kartarpur Corridor connects between Pakistan and India, the Sikh shrines of Dera Baba Nanak Sahib (located in Punjab, India) and GurdwaraDarbar Sahib (in Punjab, Pakistan). The corridor is intended to allow religious devotees from India to visit the Gurdwara in Kartarpur, 4.7 kilometers from the Pakistan-India border, without a visa.

The Corridor was first proposed in early 1999 by the prime ministers of India and Pakistan, Atal Bihari Vajpayee and Nawaz Sharif, respectively, as part of the Delhi–Lahore Bus diplomacy. On 26 November 2018, the foundation stone was laid down on the Indian side and after two days, on 28 November 2018, the foundation stone on the Pakistani side was laid down by Prime Minister of Pakistan, Imran Khan. The corridor along with all its allied services and amenities was completed in a record time frame. The corridor was completed for the 550th birth anniversary of Guru Nanak Dev on 12 November 2019. As a special to mark the 550th birth anniversary, the Government of Pakistan has waved the fee amounting to US Dollars 20 for three days. It has created a huge good-will.

The corridor has not only connected the Sikh community on both sides of the border but also opened a new chapter of religious tourism in Pakistan. There are many other religious sites in Pakistan, which belongs to Hindus or Sikhs religion and may attract devotees and visitors in thousands of thousands in number. Kartarpur corridor is just a beginning, if it goes smoothly, many new sites will be open to Hindus and Sikhs as well.

This will also generate an opportunity for economic activities and enhance people to people contact. Promote harmony and understanding between the two hostile nations. In fact, Kartarpur Corridor is a message of Peace and Prosperity.

Pakistan is a peace-loving nation and a very responsible state. Prime Minister of Pakistan Imran Khan is well matured, visionary leader. He said on this occasion “Pakistan believes that the road to the prosperity of the region and bright future of our coming generation lies in peace”, adding that “Pakistan is not only opening the border but also their hearts for the Sikh community”. The Prime Minister of India, Narendra Modi, compared the decision to go ahead with the corridor by the two countries to the fall of the Berlin Wall, saying that the project may help in easing tensions between the two countries.

Previously, pilgrims from India had to take a bus to Lahore to get to Kartarpur, which is 125 km journey although people on the Indian side of the border could physically see GurdwaraDarbar Sahib Kartarpur on the Pakistani side. An elevated observation platform had also been constructed on the Indian side, where people use binoculars to get a good view.

Indian Prime Minister Modi has thanked PM Imran Khan for his good-will gesture. It is hoped that India will reciprocate in the same manner and provide an opportunity to the People of Pakistan and Prime Minister of Pakistan Imran Khan to thanks Indian Prime Minister Modi.

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South Asia

The efficiency of German contribution in the Afghan peace process

Ajmal Sohail

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Germany is heavily involved in the afghan affairs since 9.11.2001; the country has brought in to being the modern Afghanistan thru launching the international Bonn conference “Bonn 1” in December 2001, the said conference toke place right after the collapse of the barbaric regime of Taliban in Afghanistan. Furthermore, it paved the way to engage several rival groups to establish an interim administration under the leadership of pro-American figure “Hammed Karzai”. Albeit the conference was a turning point in the Afghan modern history, but it encompassed numerous shortcomings because Taliban, Haqani Network and Hikmatyar band, who had been the main adversaries to the acting Government, were excluded from the process, which opened Pandora’s Box. Moreover, the national interests and apprehensions of the regional countries were not taken serious, which in turn caused destabilization and gloominess in Afghanistan.

Consequently, Pakistan and Iran who have been pursuing strategic depth in Afghanistan began to regroup, fund, train and outfit the Afghan government antagonists, which unfortunately incited a proxy war in the country. 

The second Bonn conference

Germany hosted the second Bonn conference in December the 5th 2011 to celebrate the 10th anniversary of the first Bonn conference, in order to renew the so-called mutual commitment to a table, democratic and prosperous future for Afghanistan.

In addition, the participants of the conference ought to shed lights on some issues such as governance, security, economic developments, regional cooperation, peace process and the way forward. The participants called for a political solution to achieve peace and security in Afghanistan, in order to ensure durable stability.

Additionally, it was discussed to promote capacity building in the country to uphold   a political process, to endorse negotiation and reconciliation. Unfortunately, the conference primarily focused on economic developments and continuation of democratization in the country, so that the peace process was sidelined and the root-cause of the instability and insecurity was not identified. Which ended up with further destabilization and blood-shed in addition, sparked fears and violence in Afghanistan.

Doha conference

In July the 7th 2019 Germany and Qatar hosted a conference in Doha Qatar, which was labeled intra-afghan dialogue. The hosting countries endeavored to bring about a framework in order to support the peace process in Afghanistan. In accordance with the joint statement, that the country is at a central crossroad to snatch the chance to accomplish peace, so the shortest concord linking the afghan adversary groups could be one of the essential factors of any process leading to such an objective.

It was also expect, that the conference would contribute to confidence-building amid chief rivals to hold up peace and constancy in Afghanistan. Although the conference did not have a tangible agenda, but at the end a resolution was released calling for reducing violence, avoiding to assail public institution and bringing civilian causalities to “zero”.  Despite the efforts of the conference hosting countries, the conference comprised inadequacies; the Afghan government, which ought to be the main party, was excluded from the direct-intra-afghan-dialogue.

Not only the ceasefire, which has been the only wish of the Afghans, was not sincerely addressed, but also no-part of the outlined resolution has been implemented. Regrettably convening of the conference did not put into practice the expectations of the Afghan people, so that the security situation fundamentally deteriorated.  

The third Bonn conference

Subsequent, to the walk out of the US president from the Afghan peace deal, Germany wants to jump in exerting its leverage to bring the Afghan rivalry bodies to the negotiation table. Germany is really concerned, if the US troops withdrawal will take place Kabul government would collapse and the positive developments have so far came about would be lost. Thus Markus Potzel Germany’s special envoy for Afghanistan and Pakistan, since some times endeavors to hold meetings with the representatives of both Taliban and the Afghan government, in order to initiate another round of peace talks.  

 Consequently, If Germany genuinely put forth its efforts, it will help to avoid political vacuum in Kabul, let the democratization process to flourish, women rights to thrive and the economic prosperity to boom. Germany enjoys full-scale leverage in the entire region and beyond, because Germany stationed the second largest troops in Afghanistan, the country is one of the main initiator of the NATO Resolute Support Mission for Afghanistan and it is one of the top 10 contributors to the reconstruction process and humanitarian assistance in the country.

Germany has very good diplomatic relations with almost all of the surrounding countries of Afghanistan; it has influence on all of the gulf countries including Qatar, Saudi Arabia and UAE, which are supposed to be the major patrons of Taliban.

In addition, Germany leads the EU commission and it is the number one economy in Europe and number 4 economy in the world. If it will put in 2% of its GDP to the NATO annual budget, Germany would be the second leverage enjoyer within NATO following the United States of America. So Counter Narco-terrorism Alliance Germany (cnt-alliance) express the need for the initiation of the third Bonn conference, which should include all opponents to be brought to the negotiation table, in order to form a framework of lasting peace, continuation of the political process, stability, Good and lean governance, economic prosperity, revival of democratic norms and revamping of human and women rights as well as confidence building amongst regional countries.   

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