On April 10, 2017, a former Indian Navy officer national Kulbhushan Yadav was given the death sentence by a by an its Field General Court Martial under provisions of the Pakistan Army Act and the Official Secrets Act. Jhadav can appeal the death sentence to Pakistan’s Supreme Court within 60 days.
H was convicted for espionage, anti-state activities, role in terror incidents and sabotage in the country. Yadav was taken into custody by Pakistani agencies in March 2016 in Balochistan. Diplomatic ties between India and Pakistan plunged following Jadav’s conviction, with external affairs minister Sushma Swaraj warning Islamabad of “consequences” if Jadav’s death sentence was carried out.
Jadhav had admitted before the court that he worked for the Indian intelligence agency Research and Analysis Wing (RAW). He was involved in several clandestine activities to create instability in Karachi and Balochistan areas. During the trial, he was provided the services of a defending officer, as per law. India responded to this verdict by calling Pakistan’s High Commissioner Abdul Basit to the Ministry of External Affairs and gave him a demarche saying that the court proceedings that led to the death sentence of Jhadav were “farcical” and it would consider it as “premeditated murder’. It also said that the ministry had “repeatedly sought” consular access to Jhadav but was not permitted by the Pakistani authorities. A day after India called conviction of Yadav in Pakistan a ‘farcical trial’, the United Nations declined to take a position on the death sentence handed to the self-confessed Indian spy. India denied Yadav was working for RAW but admits that he is a retired naval officer.
India was expected to be take up the matter when the US National Security Advisor McMaster visits India to meet PM Narendra Modi, Foreign Minister Sushma Swaraj, and his Indian counterpart Ajit Doval. Doval was said to be preparing to raise the matter with his counterpart. The United Nations have already made it clear that it will not intervene in the matter, The Indian government has been arguing it was difficult for India to verify Pakistan’s claims that Jhadav, a serving Indian Naval officer on an alleged spying mission entered Pakistan with original Indian passport.
Pakistan too was in no hurry to execute him and was likely to put him as a bargain to seek advantage in bigger negotiations.
As expected, Indian reaction was immediate and intense. There was fierce criticism of the verdict in the Indian media. Defense Minister Khawaja Asif quickly announced that the death sentence against Jhadav will not and cannot be carried out quickly. Meanwhile, it was reported that a retired Pakistani military officer in Nepal had disappeared which suggested that the spy wars between India and Pakistan had intensified. Certainly, the issue had to be handled calmly for the sake of normal relations between India and Pakistan. Meanwhile, Nawaz Sharif played it cool, addressing an Air Force passing-out parade, said: “Cooperation rather than conflict and shared prosperity instead of suspicion are the hallmarks of our policy.” National Security Adviser and former Army general Nasser Khan Janjua, too, said India and Pakistan “cannot be enemies forever and must engage in dialogue to resolve disputes.” But Modi is heavily into populism based on hatred of Muslims and will not budge, especially as global politics is veering toward a new cold war between the U.S. and China in South and Southeast Asia. Helplessly, the Pakistan-India spy war will go on, hurting the future of the people living in the region.
An editorial “Reducing Pak-India tensions” published in Dawn, April 13th, 2017 argued that for four years now, Nawaz Sharif had expounded the same message of regional integration, trade and prosperity, but he had been incapable of convincing either India or the security establishment here. The National Security Adviser too has been “ineffective, notwithstanding the occasional willingness to speak candidly”. Meanwhile, Pakistan still did not have a foreign minister and the defense minister was “effectively irrelevant” because he had to foremost responsibility to tackle the electricity crisis as he was he minister of the power sector and that was his main portfolio. The teams advising the Premier in the domains of both national security and foreign policy are ad hoc. From that “self-created position of weakness, it is unlikely Mr. Sharif will have much success in implementing the vision he so often articulates”.
To complicate matters, Lt Col (retd) Muhammad Habib Zahir went missing from Nepal on April 6. The Foreign Office on Thursday hinted at the involvement of Indian intelligence agencies behind the abduction of a retired Pakistani colonel in Nepal. The media was abuzz with speculation that India’s Research and Analysis Wing (RAW) has abducted the retired lieutenant colonel as a retaliatory act to the conviction of Kulbhushan Jhadav. Observers believe India could use the abducted Pakistani retired army officer as a bargaining chip for the RAW agent.
Indian Minister of External Affairs Sushma Swaraj said India would go to any extent to ensure safety for Jhadav, calling Pakistan’s verdict ‘premeditated murder’. India would not leave any stone unturned to ensure safe release of Jhadav Pakistan Defense Minister Khawaja Muhammad Asif on April 13, 2017 informed the Senate that due process was followed in the trial of the serving Indian naval officer, who has 60 days to appeal the verdict.
On April 13, 2017, the Pakistan Army’s corps commanders agreed during a meeting at the army GHQ that there would be no concessions made in Jhadav’s death penalty because the man was convicted of serious offences against the state of Pakistan. The Foreign Office has also made it clear that there was irrefutable evidence against Jhadav and his role in terrorist activities as well as financing those activities on the soil of Pakistan. For a man who was initially disowned by his own countrymen, Jhadav had suddenly become somewhat of a cause celebre. Why else would 13 requests for consular access be made by the Indian diplomatic mission here if there was no connection between Jhadav and his handlers? Foreign Office spokesman Nafees Zakaria had explained that though New Delhi and Islamabad have a bilateral agreement on consular access it is Pakistan’s prerogative to refuse the same in the name of Article VI of the accord.
Meanwhile, media reported that there were 27 Pakistanis arrested for espionage
Most of the spies caught by the intelligence agencies have been apprehended from either military sensitive locations or in border towns. On April 14, 2017 India decided to put on hold all bilateral exchanges with Pakistan in reaction to the Jhadav affair. The Indian government called off talks between the two neighboring countries on maritime security which was scheduled to be held on April 17. India officially told Pakistan that it was not ready to host a delegation from Pakistan Maritime Security Agency (PMSA). Both Pakistan and India had earlier approved dialogue between PMSA and the Indian Coast Guard in a bid to break the deadlock caused by a militant attack on an Indian military base in Uri in September last year. According to the Indian Defense Ministry, it was not the time to discuss security with Pakistan when it had awarded the death sentence to Jhadav. The only engagement that Pakistan and India have had until now this year has been the 113th meeting of the Permanent Indus Commission talks for which an Indian delegation visited Islamabad in March this year.
An editorial “No concessions on terror” published in The Express Tribune, April 15, 2017 argued that:
As Pakistan stiffened its stance on the death sentence handed out to Indian spy Kulbhushan Jhadav in the wake of threats by officials in New Delhi that the move would carry severe repercussions for Islamabad, there are mounting suspicions that hostile agencies are behind the recent abduction of a retired Pakistani serviceman in Nepal. …. Aggravating already fraught relations between India and Pakistan is the appearance of wild speculation in the Indian media about the alleged link between Jhadav’s case and the disappearance of Pakistani ex-serviceman Habib Zahir. Indian media outlets have claimed that Zahir had been part of the team that captured Jhadav. The truth, however, is that Zahir retired from military service several years before Jhadav’s arrest. What is becoming increasingly clear is that the Research and Analysis Wing or some such hostile agency may have entrapped him and kept him in its custody for leverage in the Jhadav case. Instead of relying on legal and diplomatic measures, New Delhi appears to be working on some hidden fronts as usual.
On April 14, 2017, Prime Minister’s Adviser on Foreign Affairs Sartaj Aziz shared with media the state’s charge sheet against Indian spy Kulbhushan Jhadav and a timeline of his trial. Aziz told a press conference that Jhadav had been held responsible for the following terrorist activities in Pakistan:
Sponsored and directed IED and grenade attacks in Gwadar and Turbat; directed attacks on a radar station and civilian boats in the sea opposite to Jiwani Port; funded subversive secessionist and terrorist elements through hawala/hundi for subverting Pakistani youth against the country, especially in Balochistan; sponsored explosions of gas pipelines and electric pylons in Sibi and Sui areas in Balochistan; sponsored IED explosions in Quetta in 2015, causing massive damage to life and property; sponsored attack on Hazaras in Quetta and Shias en route to and back from Iran; and abetted attacks through anti-state elements against LEAs, FC and FWO in areas of Turbat, Punjgur, Gawadar, Pasni and Jiwani during 2014-15, killing and injuring many civilians and soldiers.
On the occasion, Aziz also asked why Jhadav had been carrying official documents under an alias at the time of his arrest. “I would like to ask India why he [Jhadav] was using a fake identity and masquerading as a Muslim,” Aziz asked. “Why would an innocent man possess two passports — one with a Hindu name and other with a Muslim name,” he asked.
Reassuring critics that steps had been taken to ensure transparency during the trial of the Indian spy under Pakistan’s laws and the Pakistan Army Act, Aziz also provided a timeline of the trial and proceedings against Jhadav.
Indian external affairs minister V. K. Singh had reiterated that the Indian government was considering all steps to get access to Jhadav. The case of Kulbhushan Jhadav continues to remain at a boiling point. While India has postponed talks between the coast guards, Pakistan is apparently compiling a new dossier for the international community on the Indian national accused of being a RAW spy. While Pakistan has not yet given a copy of the judgement, it will apparently be part of a new dossier on Jhadav, which will be handed over to the United Nations and ambassadors in Islamabad, Pakistani newspaper The Nation reported. The new dossier was to be based on the early testimonial as well as statements given in front of the court by Jhadav. Pakistan had collected “fresh evidences on Indian involvement inside Pakistan to spread anarchy and militancy, sources stated,” according to the report. Meanwhile, external affairs minister V. K. Singh reiterated that the Indian government was considering all steps to get access to Jhadav. “Pakistan government has denied consular access to Jhadav despite India trying for 13 times. We are trying everything to get access to Jhadav,” he told reporters. Meanwhile, there has not been any statements from India or Pakistan on April 15, 2017 about the retired Pakistan army soldier, who reportedly went missing near the India-Nepal border two days before Jhadav’s death sentence was publicly revealed. Pakistan officials had pointed fingers at India saying that he had been “lured” by foreign intelligence agencies, but Indian diplomats – in Delhi and in Islamabad – have told the media that they don’t have any information.
Vishwa Hindu Parishad (VHP) leader Pravin Togadia said on April 14, 2017 that “India should bomb Pakistan to secure the release of ex-navy officer Kulbhushan Jhadav and carpet bomb Kashmiri “jihadis” to stop the spread of militancy…Our government should show similar resolve of India First by bombing Pakistan, which is barely 800 km from New Delhi and securing the Indian soldier’s release,”.
Meanwhile, the law-enforcement authorities of Azad Kashmir, Pakistan claimed to have arrested three Indian intelligence agents for alleged anti-state activities on April 13, 2017. The charges leveled against the three “Research and Analysis Wing (RAW) recruits” included bombing a police station in the region. The three have been booked under the Anti-Terrorism Act (ATA) and Explosives Act.
Meanwhile, Pakistan’s defense minister has tried to assure that the death sentence of Jhadav was not carried out without due process. He has made an appeal for amnesty to the president. The Indian media had most predictably hit the roof. Mohammad Waseem, in his article. “Political temperature on the rise, The News, April 16, aptly stated that:
Diplomacy in a political environment characterized by vitriol of the worst kind emanating from the two sides of the spectrum is bound to suffer. On a larger scale, the world opinion has yet to give its final verdict… One can only hope for a deft handling of the issues at hand whereby peace and harmony, instead of tension and confusion, emerge as milestones of political strategy at home and foreign policy abroad.
On April 16, 2017 Pakistan stated that a dossier on Kulbhushan Jhadav’s involvement in espionage will be handed over to foreign envoys in Pakistan. The dossier will also be sent to the UN and other institutions. Sources said details about Indian interference in Pakistan, Jhadav’s involvement in sabotage and subversive activities in Pakistan were added in the dossier. Talking to state-run media, Foreign Office spokesman Nafees Zakaria said India was involved in spreading terrorism in Pakistan. He said India was also involved in terror financing activities in the country. To a question, he said barbaric activities against innocent Kashmiris in the Indian-held Kashmir had been exposed. To another question regarding Col (r) Habib Zahir, he said the Nepalese government was cooperating with Pakistan in this matter.
India was looking to mount yet another diplomatic offensive to save Jadhav and the government was awaiting a response from Pakistan over its demand for a copy of the charge sheet against Jadhav as it mulled options to secure his release. The government was contemplating a move like the one it launched last year after the Uri attack to “isolate” Pakistan. As a first step, India blocked maritime security dialogue between the two countries. This was the first move by the Indian government to raise the stakes for Pakistan after the Jhadav sentencing as it suggested that the two countries could be returning to the situation which prevailed in the immediate aftermath of the Uri attack last year in which 19 Indian soldiers were killed. Pakistan had consistently maintained that the two governments need to start the comprehensive bilateral dialogue, as announced in December 2015, to resolve outstanding issues. The maritime talks, coupled with meetings mandated by Indus Waters Treaty, were a small beginning by both the countries to move on after the bitter exchanges over Uri. The Indian government was also likely to review its attempts in the past few months to encourage people to people contacts with Pakistan.
Are India and Pakistan heading towards possibly the nastiest crisis in South Asia since the Mumbai terrorist incident of 2008? By Barkha Dutt, in her article “Pakistan’s move to execute alleged Indian ‘spy’ may be a ploy to sabotage the prime minister”, The Washington Post, April 16, 2017 maintained that:
In any case, whether Jadhav is a spy is moot. What is beyond dispute is that the Pakistan Army’s declaration of a death sentence for him via a clandestine court-martial breaks with all standard practice; it is almost an open invitation to escalation from India…. … “The timing and manner of announcement of the Jadhav decision indicates that it is either a bargaining chip to exchange someone in India’s custody or is meant to deter the country’s civilian prime minister from any new initiatives to mend fences with India,” …. Like all seasoned practitioners of statecraft, he knows that Pakistan is unlikely to take things to a dangerous precipice with India over the arrest of a spy; the motive lies elsewhere. Another explanation: Pakistan wants to use Jadhav as leverage to counter the aggressive global push by Delhi to isolate Islamabad as the perpetrator of state-sponsored terrorism. But the Narendra Modi government has never gone by the conventional playbook on Pakistan. From dropping in to visit Nawaz Sharif on his birthday to surgical strikes across the line of control, the Indian prime minister has followed his own script of shock and awe on Pakistan, in both friendship and hostility. Pakistan’s move on the tactical chessboard may prove to be a gambit gone wrong if India decides to play back in kind.
Indian-Pakistani relations weren’t going well even before the Jhadav affair. India’s dialogue process with Pakistan has been stalled since the attack on the Pathankot air force base in January 2016. Last month, India sent its officials to the meeting of the Permanent Indus Commission in Islamabad. During the meeting, World Bank officials had mooted that water resources secretaries could meet in Washington from April 10 -13 to find a resolution over the dispute mechanism. India, however, had conveyed its reluctance to accept those dates in March.
Indian interference in the affairs of Karachi wasn’t just baseless Pakistani propaganda, it was a fact. Uzair Jan Baloch, the notorious dacoit of Karachi’s Lyari, was arrested in January 2016 in Pakistan after a period of hiding outside the country. He will face a military court for “espionage activities, providing secret information regarding Army installations and officials to foreign agents (Iranian intelligence officers) which is a violation of the Official Secret Act 1923.”
A symbol of the criminalization of Karachi politics, Baloch belongs to the family of Rehman Dakait, the underworld boss of Karachi who was politically embedded in the Muhajir-Sindhi conflict that played out between the Muttahida Qaumi Movement (MQM) and Pakistan Peoples Party (PPP). Uzair has confessed to an Iranian “connection” in the Baloch nationalist movement in restive Balochistan; hence implying an Indian “connection” as well. Lest one forgets, Iran has accused Pakistan of aiding Iranian Baloch who often target Tehran’s soldiers. Abdolmalik Rigi, who was hanged in an Iranian jail in 2010, was educated on the sly in Saudi-funded Madrassa Banuria in Karachi before he joined the killer Jundallah with Al Qaeda in Pakistan and began attacking inside Iran.
The “Indian connection” finally reduced MQM to a shell of its former glory in Karachi. The PPP too has been weakened by the ongoing military operation in the metropolis against its extortionists. Pakistan sees an “Indian hand” in the uprising in its Balochistan province.
There was apprehension that the matter had to be calmly tackled otherwise it would blow up in to a new crisis between the two estranged seigneurs
Clearly, Pakistan was unable to move towards any dialogue with India on any issue, including spy wars. Meanwhile, Pakistan had decided in principle not to accept any pressure on the issue. Most probably the Jhadav affair would be settled with a deal of some sorts between India and Pakistan. Some concessions will be given by India in exchange of the spy being handing over to them in due time. It was just a matter of time when the trade took place. Pakistan did not want to escalate the already tense situation further. Despite the bravado, a deal would be made and Jhadav would be freed soon.
As Sri Lanka struggles with Chinese debt-trap, Maldives moves closer to the Quad
The Indian Ocean’s geopolitical currents have witnessed drastic transformation this year, particularly in the past three months, with India shedding the exclusive right of its sphere of influence over the Indian Ocean, by allowing the United States in its own backyard. Washington and New Delhi seems to have entered into what few analysts call a ‘soft alliance’.
Sri Lanka and Maldives are strategically located in the northern section of the Indian Ocean, and have long been historically, culturally, and geopolitically under India’s sphere of influence. But, things are beginning to change as Chinese debt-trap looms over these islands.
The Quad grouping, consisting of India, Japan, the United States and Australia, has demonstrated its collective military might in the maritime sphere of India with the recently concluded annual Malabar naval exercise. It also led to the emergence of new dynamics of cooperation in previously reticent areas, built upon confidence in each other’s abilities and consciousness of where it stands in the newly unravelling geopolitical equation.
India’s new strategic comfort with bringing in partners from the Quad partners lying external to the Indian Ocean Region, namely the US and Japan into its long-held exclusive sphere of influence signals a tilt in strategic imperatives for New Delhi in favour of the US that too in an evolving cold war-like situation involving Washington and Beijing with different set of countries rallying behind each side.
India has recently welcomed the US-Maldives Defense Cooperation Agreement signed in September, this year. The following month saw US Secretary of State Mike Pompeo’s visit to Male where he announced Washington’s intent to open an embassy soon.
Less than three months after the defence pact with Washington, Male signed a new agreement with Tokyo this month, for availing a Japanese grant of $7.6 million to strengthen the archipelago’s Coast Guard capacities, in a second major pact with a Quad member.
New Delhi’s newfound willingness to work with external actors in the Indian Ocean is a sign of strategic comfort stemming out from realist foreign policy considerations to expand its circle of friends and coalition partners in its own backyard against a common and more powerful adversary, Beijing, with which it also have decades-long tensions in the Himalayan frontiers.
Even though both these two countries succumbed to disproportionately superior Chinese economic might since the past one decade, it seems Maldives has somehow managed to come out of its dangerous level of dependency on China since Ibrahim Mohammed Solih of the Maldivian Democratic Party assumed presidency of the island nation two years back in November 2018.
The Sri Lankan economy went into a tailspin since the civil war ended in 2009. The country’s exchequer was badly in need of financial support to sustain itself. It was also the time when Beijing just began to project its military and economic power in its neighbourhood and beyond as the flamboyant 2008 Beijing Olympics concluded.
The island of Sri Lanka soon acquired new geoeconomic significance when President Xi Jinping launched the most ambitious infrastructure project of this century in 2013, the Belt and Road Infrastructure, connecting three continents with the Indian Ocean as its epicenter of vitality.
With BRI, a tangled web of debt-trap rapidly began to loom over Sri Lanka as Beijing pumped-in investments into the war-battered island with malicious intentions.
The story of handover of Hambantota port, strategically located in the southern tip of Sri Lankan coast, to China for a 99-year lease in 2017, and the Colombo Port City project being built with Chinese assistance are just examples of how economic leverage gained geopolitically advantageous positions for Beijing overlooking the Indian Ocean. These assets are going to play a significant role in the connectivity of BRI’s ‘Maritime Silk Road’ aspect.
Chinese-led projects are built and managed by Chinese workers themselves as they do in any other part of the world, naturally bringing presence of Chinese personnel to the areas where it operates.
The BRI, however, enhances Sri Lanka’s significance in what theorists call the String of Pearls, wherein Beijing attempts to encircle India by a series of ports and maritime installations under its control in the Indian Ocean such as the overseas military base in Djibouti, Gwadar in Pakistan, and the ports in Bay of Bengal under Chinese influence hosted by either Bangladesh or Myanmar. Chinese submarine presence is also a new reality, particularly in areas surrounding the Malacca Straits.
All these factors naturally brought New Delhi closer to Washington to formulate a ‘collective strategy’ against the expansionist tendencies manifested by Chinese behaviour. At the same time, India has been taking proactive steps in its individual capacity to boost ties with other island and littoral states in the Indian Ocean Region (IOR), like Mauritius and Seychelles where India’s listening posts to monitor sea-lanes also operate.
The Indian Navy has always been the first responder to any HADR (Humanitarian Assistance and Disaster Relief) situations in the IOR which earned significant soft power and respect for India in the countries of the region. This vision has been immortalized in India’s maritime doctrine for regional cooperation in the Indian Ocean, SAGAR (Security and Growth for all in the Region), that was unveiled in 2015.
With the entry of the US, which already has its presence in the British Indian Ocean Territory of Diego Garcia lying mid-way of the ocean, that too with India’s approval, and France in Reunion in the western Indian Ocean, the geostrategic picture of IOR is beginning to change.
Maldives stands as a good example of how to overcome Chinese dominating agenda by boosting cooperation among democracies. But, the Abdullah Yameen-era nightmare of Chinese debt burden is still far from over. In fact, Sri Lanka too is well aware of the Chinese trap from which it yearns to decouple itself. But, Colombo is left with limited options or alternatives to do so.
The renewed Indo-US strategic cooperation, if not translated into offering a viable solution to the debt-trap conundrum, Sri Lanka might irreversibly evolve into another extension of Beijing’s legs in the Indian Ocean threatening the sovereignty of democracies in the region.
Recent steps in the strategic realm are welcome, but the Indo-Pacific democracies, particularly India and the US, should cooperate with these two key island states more in the economic realm as well, if possible near to the extent of Beijing as a collective move.
The Dysfunctional Pakistan’s Legislature
The legislature of Pakistan has several problems and because of this very reason governments are unable to make any landmark laws for the state that can prove to be effective in resulting some socio-political or economic changes in the society. The noncooperation among the parties in the house is the major problem that leads no healthy debate. People have never seen the political parties having a healthy debate among the political parties on some key matters that need to address. Political parties prefer crosstalk on each other that mostly ends up on the dismal of legislature. Mostly in the house the opposition and the party in power never each on consensus on anything that shows their no seriousness towards the legislation.
In my opinion the opposition of Pakistan perceives its role to be negative always. The opposition perceives as their duty to walk out from the house, make fun of their fellow colleagues, bringing our historical facts to propagate negativity about the agenda. This attitude results in no fruitful law-making.
The scenario of national assembly of Pakistan is that if the ruling party does not has two-third majority in the house they will be paralyzed as the opposition has imagines role of not supporting the government to pass laws and bills that can benefit their reputation among the public. In this game of interest the parties forget the importance of legislation and national interest rather they are more focused on protecting their own interests and interests of their political parties.
The tussle between the government and the opposition is endless that is negatively impacting the legislative system of Pakistan.
Another factor that weakens the legislative process of Pakistan is the issues within the upper house. This plays a vital role in enacting the laws without senate’s cooperation legislation cannot improve and strength.
The sustained bitterness and confrontation with the government and opposition leads to no progress in the making of legislation and strengthening the rule of law. For example the PTI coalition passed the bills and introduced 8 ordinances in its first year of government.
The ten bills passed by national assembly faced a new challenge which was the Senate of Pakistan where PTI also does not hold the majority. Ten out of 4 bills sailed through Senate whereas 3 remained pending in Senate. Only 7 bills turned into acts in the first year of PTI government.
The lack of coordination and seriousness in the parliament is affecting the progress of Pakistan. Without rules and making of new legislation how can the country progress? In a democratic system the rule of law is one of the pillars for true democratic practices but unfortunately in Pakistan we only see leg-pulling and blame game between the institutions. The lack of political consensus among the parties is another problem. On the other hand the formation of Standing Committees of national assembly is important for the functioning of the system. According to the Rules of Procedure of national assembly the members of Standing Committees has to be elected within 30 days after the elections of the leader of house but according to the data of PILDAT previous assembly managed to form these in 3 months instead of 30 days. This indicated lack of seriousness of the members.
The current government has only got the executive authority and not the legislative competence that makes them dysfunctional as they are dependent on the opposition and then Senate for passing of the legislation and making it a law.
Another factor that weakens the legislative system of Pakistan is the overactive judiciary and the intervention of the military in law making. Through this intervention the legacy of the military rule is still being kept alive. Most of the time the Supreme Court and the judiciary intervene in the legislation to serve their interest and weaken their opponents sitting in the government. The overactive judiciary encroaches the governance agenda, legislative advice etc. the legislative procedure in Pakistan is still developing its institutional identity.
The duty of the legislature is to respond to its public needs and also exercise oversight of the executive, but there is not engagement in the civil society and no research is being conducted on the public policy for better and effective policy making.
In the end it can be concluded that the system is also faulty but the attitude of the parliamentarians is more disappointing and discouraging. The whole system is unsuitable for a less educated population of Pakistan as most of the parliamentarians are unaware of policy-making and its importance for the state. The process is also complex and complicated as it has to go through several steps for making a bill a law.
Through this process, law-making on controversial issues is nearly impossible because in Pakistan people protect their interest instead of their state. Even if the government is serious for law-making the judiciary, military and bureaucracy will not allow the government to do its job. This is high time to adopt a new system in this country and draw lines for every institutions particularly judiciary that is the most rigid institutions and creates hurdles for every government by interrupting them.
Reinforcing the Role of the International Community in Resolving the Rohingya Crisis
Bangladesh is hosting more than 1.1 million Rohingya refugees since August 2017. The United Nations defined Myanmar’s August 2017 atrocities to the Rohingyas as “Textbook case of ethnic cleansing”. On July 02, 2018, during his visit to Cox’s Bazar, Bangladesh, António Guterres, the UN Secretary-General noted that “I have no doubt that the Rohingya people have always been one of, if not the, most discriminated people in the world, without any recognition of the most basic rights starting by the recognition of the right of citizenship by their own country – Myanmar”. Thus, the severity of the Rohingya crisis is well-recognized by the international community. This article focuses on the necessity of the international community’s role in facilitating a safe and sustainable Rohingya crisis solution.
The ironic story is that though it is already three years passed, no concrete action is manifested to facilitate the Rohingya refugee repatriation. In the United Nations Security Council, Russia and China applied veto power in the case of Rohingya refugee resolution, which made strong impediments to the repatriation process. Russia and China did this calculating their narrowly defined interest rather than humanity which is in fact, ironic for the world. Thus, the United Nations could not play a crucial role in facilitating the Rohingya refugee repatriation.
Bangladesh is one of the densely populated countries in the world. Though Bangladesh is a rising economic power, feeding more than 170 million people is not an easy task. Also, more than 1.1 million Rohingya refugees have added extra socio-economic pressures in the country. For Bangladesh’s continued growth, prosperity, and stability, there is no alternative to repatriate the Rohingya refugees in Myanmar as early as possible. Since Myanmar committed ethnic cleansing to the Rohingyas, and the country is not interested in taking back the Rohingyas, only the international community including the United Nations, the European Union, the Organization of Islamic Cooperation (OIC) can pressurize Myanmar to ensure a safe and sustainable repatriation.
Bangladesh strongly believes that the international community can play an essential role in resolving the Rohingya refugee crisis permanently. For instance, at the 72nd United Nations General Assembly, Sheikh Hasina, the Prime Minister of Bangladesh, offered five points proposal including the full implementation of recommendations of the Kofi Annan Commission, and the establishment of civilian monitored safe zone in the Rakhine State to the international community to resolve the issue. Similarly, at the 74th Session of the United Nations General Assembly, Sheikh Hasina offered a four points-proposal to resolve the Rohingya crisis highlighting the role of the international community. Sheikh Hasina emphasized that the international community must ensure that the root causes of the Rohingya problem area addressed and the violation of human rights and other atrocity crimes committed against the Rohingyas are accounted for.
The good news is that the on November 19, 2020, the United Nations has adopted a resolution on “The Situation of Human Rights of the Rohingya Muslims and other minorities in Myanmar” while Bangladesh seeks a peaceful solution to the Rohingya crisis. The Resolution called for taking concrete actions by Myanmar to address the root causes of the Rohingya crisis, i.e. granting them citizenship, ensuring the safe and sustainable return of the Rohingyas to their homes by creating a conducive environment. Bangladesh Permanent Representative to the UN Ambassador Rabab Fatima notes that “As a country that hosts over 1.1 million forcibly displaced Rohingyas, Bangladesh continues to seek a peaceful solution to this crisis, which lies in their safe and dignified return to Myanmar”.
Notably, Germany on behalf of the European Union and Saudi Arabia on behalf of the OIC co-tabled the Resolution which was sponsored by the 104 member states including the USA, Canada, and Australia. It is also a positive development that a total of 132 countries voted in favour of the Resolution while nine countries voted against and 31 countries abstained. It demonstrates that most of the countries in the world want a permanent, sustainable and peaceful solution to the Rohingya crisis. It also signifies that these countries care for the humanity while the nine countries who voted against the Resolution only care for their narrowly defined interest. The future generations will undoubtedly read and know the actions of those nine countries who do not care for humanity. Those nine countries need to know that despite several domestic challenges, Sheikh Hasina has shown kindness, humanitarian gesture and thus protected and sheltered those Rohingyas from killing by the Myanmar armies.
Notably, Bangladesh is one of the top ten countries in the world in terms of hosting refugees. This will remain as a humanitarian example in the world. One also needs to keep in mind that the socio-economic realities of Turkey (who is the top in hosting refugees), and Bangladesh is not the same. While the GDP (per capita) of Turkey is US$ 9043, Bangladesh’s GDP (per capita) is US$ 1856, the population density of Turkey is 108 per square kilometres, and Bangladesh’s population density is 1116 per square kilometres. Thus, considering the contexts, and socio-economic realities of Bangladesh, the international community needs to reinforce the Rohingya refugee repatriation process. Most importantly, the international community needs to execute the adopted Resolution as early as possible for the sake of humanity, for the sake of a just cause. The future world will certainly note the noble actions taken by the international community for such a just, and reasonable cause.
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