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Who wields “authority” in Pakistan? Need for maintaining separation of powers

Amjed Jaaved

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The provincial government has decided to go to Supreme Court against Peshawar High Court’s judgment on the BRT. The court has directed the Federal Investigation Agency to probe the project. The bench, headed by Chief Justice Waqar Ahmad Seth was irked by a number of bloomers: (a) “Visionless” concentration of Asian Development Bank (ADB) loans in just one project without an in-depth feasibility study. (b) Cost increase from Rs49.453 billion in 2017 to Rs66.437 billion in 2018, of which Rs53.320 was take in the form of a loan from the ADB. (c) The “per kilometer cost of the BRT being exorbitantly high Rs2.427 billion. (d) Over-paid non-managerial staff. (e) Provision of expensive vehicles  to secretary transport, director general of the Peshawar  Development Authority (PDA) and commissioner Peshawar by consulting firm, Calsons and Maqbool, backlisted  by the Punjab government, yet taken on board for the  BRT in Peshawar. (e) Nexus between Pervez Khattak, the incumbent defense minister, the Director General, PDA, Azam Khan, principal secretary to the prime minister.

Our courts are submerged in plethora of cases with a political tinge. This trend is fatal for democracy. Let us not forget what Justice Muneer said shortly before pronouncing his verdict on Dosso case:  ‘when politics enters the portals of Justice, democracy, its cherished inmate, walks out by the backdoor’. It was a court that fixed price of sugar, bottled water and even mobile-phone service. They decided privatization issue and mining rights. Unable to oust prime minister through no-confidence, politicos got the job done by courts. 

It is time we refresh French jurist Jean Bodin’s dictum,  majesta est summa in civas ac subditoes legibusque salute potestas, that is ‘highest power over citizens and subjects unrestrained by law’(Jo.Bodini Andegavensis, De Republica Libri Sex.BkI, ch.I, p.78 (Lyon and Paris, 1686).. Bodin explained power resides with whosoever has ‘power to coerce’ (praetorians included). It does not reside with electorate, parliament, judiciary or even constitution.

Bodin did not believe in separation of powers. Yet, our Constitution is based on separation of powers. Do we want to follow Bodin and repose all powers in a single authority, maybe judiciary?

Potestas, power in Bodin’s definition  signifies auctoritas, authority, a power based upon positive law, de jure not merely de facto as potestas is used itn the Roman Lex de Imperio, or in the famous phrase of the Justinian’s Institutesin reference to it, omne suum, i.e., populi imperium et potestas’. An alternative meaning is  auctoritas,authority,  potential,  a power  de facto instead of de jure, actual might rather than lawful authority. The highest  de factor power  may be different from the one whose claims are the highest  de jure [dummy prime ministers and presidents in some countries]. In Bodin’s view there can be but one sovereign, supreme, single and undivided;. If so, the potestas is the highest in actual might­_ potentissima; with the highest authority. The sovereign is the person who is obeyed. `But we may obey one armed with the pistol as  well as one armed with a warrant” (C. H. McIlwain, Economica,No. 18 (Nov., 1926), pp. 253). What matter is authority not wisdom!

In golden word of our Constitution, `sovereignty’ belongs to Allah, Almighty’ but `authority’, subject to divine supervision is to be exercised by elected representative.

Fortunately, our judiciary is reluctant to become sovereign authority. That’s why it referred army chief’s extension case to legislature. Let us recall observations of Pakistan’s Chief Justice during the course of his opening address for the judicial year 2019-2020.

He `warned of the dangers of an accountability process which seemed to place political expediency above the dictates of law. He felt that unless this trend was checked the process of accountability would lose all credibility’. Then, `he talked about the marginalisation of political parties and the dangers this may entail for a country based on constitutional democracy’. He abhorred `growing censorship of the media and how such practices could become a threat to democracy’. He pointed out that `constitutionally guaranteed rights of citizens must never be sacrificed at the altar of short-term gains’. To move forward, the CJP suggested that `all stakeholders, politicos, judiciary, military, media, civil society, sit together and resolve the problems which, if left unattended, could lead to disaster’.

Unfortunately, the common man is listless to the tug of war between various stakeholders. Aristotle thinks a citizen indifferent to state affairs is like an animal. It is alarming. French thinker, Montesquieu, likewise said in the 18th century `the tyranny of a Prince in an oligarchy is not as dangerous to the public welfare as the apathy of a citizen in a democracy.’ A corrupt government is a gift of an indifferent electorate. Unless citizens slumber, no-one can dare make underhand money in any project.

In the Azam Swati case, our chief justice succinctly remarked that governments come and go but the state and the people remain. Irked by the chief justice’s suo moto notice, the Pakistan Tehrik-e-Insaf government’s information minister said what use was a government that could not suspend an IGP (later retracted or modified).

There is a Latin quip quis custodiet ipsos custodies?, who  will guard the guardians? The phrase epitomises Socrates’ search for guardians who can hold power to account. Power  corrupts and absolute power tends to corrupt absolutely. On-elected institutions include judiciary, civil service, police, banking institutions, and public sector undertakings. 

The malaise of governmental power manifests itself in fake accounts, billions in benami (nameless) or unclaimed accounts, loans without collateral (bad debts), and politically-influenced appointments.

Theoretically, the people hold ‘power’ to account. But the ‘people’ are an amorphous lot without a legal identity like an institution, except as ‘voter’ during elections.

Could a CJP open a tuition centre during evening  hours to teach what ‘power’, ‘government’, ‘state’ or  ‘people’ are?

Accountability of elites and mafias: William A. Welsh says, `The rise of democracy has signaled the decline of elites’ Leaders and Elites, p.1)   But, a bitter lesson of history is that demokratia (power of the people) had always been an ideal. History reminds no system, not even ochlocracy (mobocracy) could ever bulldoze governing elites. Delhi Sultanate, the Moghul, and the Englishman ruled through hand-picked elites.  The `equal citizen’ as enshrined in golden words of our constitution remained a myth.  Even American democracy is run by a handful of specialised people.  The majority of the population is a silent spectator, a `bewildered herd’ (Chomsky).

Because of their influence, many political philosophers, including Plato, Aristotle and Tacitus studied nature of societies and the elites that they popped up.  Many modern thinkers like Moska, Michel, Marx, Pareto and C Wright Mill, also tried to make head or tail of the elites. 

Demokratia (power of the people) could never equalise citizens.  However, all democracies envisioned `opportunities for political participation to larger proportions of the population’, and across-the-board accountability.  Democracy is a progressive effort to equalise citizens before law, rather than legalising elites and mafias. The dilly-dallying in passing an across-the-board accountability law is not understood. The law should provide for accountability (under Law of Tort) for negligence or neglect by professionals (judges, lawyers, teachers, media persons, and their ilk).

Granting exemptions to certain elites  amounts to converting them into sacrosanct mafias. Let there be a single omnipotent body to try all individuals and elites alike.

A peep through hlidskjalf (telescope): If god Odin peeps through his hlidskjalf to have a panoramic glance at Pakistan’s society (its ordinary and influential people and lackadaisical institutions, at dagger’s drawn), what would he notice? Inertia, incompetence, and siege mentality, all around! What solution for this psychopathology? Change of attitudes and a cooperative relationship between individuals and organisations.  Not viewing civilians as bloody ones and Khakis as dunces. But how to revamp attitudes? Draw psychological profiles of individuals and organisations. Are they `normal’? ‘Rueful child visible to naked eyes in `Pakistan founding party wala’ and `Naya Pakistan wala` chiefs.

At least the selection and training institutions should review efficacy of their Thematic Apperception Tests. This test claims to decipher underlying motives, concerns, and their inner window on social world. Why scoundrels at large like `sab she pehley Pakistan’ wala remained undetected. He hid in washroom to avoid (d)ragging (read Musharraf’s auto-biography).  Try to detect flaws in attitudes like `halo effect’, `projection’, `blame shifting’, `victim blaming’, `bullying’ and` transference’. May apply even Rorschach Ink Blot Test, Children’s Apperception Test and other tests in store.

Unless siege mentality is cured we would continue to witness `defence mechanism’ attitudes (fearful court judgments, discriminatory education and healthcare, and stratified shelter and housing). In short, fossilization of mafias (scuttling participatory democracy) in all realms of life.

Conclusion: Elected representatives (power) are under the delusion that they are superior to all unelected institutions. But the representatives should exercise their authority under Allah’s 

Authority within bounds of our constitution.

The courts are guards over brute power and authority of the guardians (government). In so doing the courts are ‘quite untouchable by the legislature or the executive in the performance of its duty’ (Harilal Kania, India’s first chief justice).The chief justice of Pakistan alone cannot be the guardsman of the constitution. Unlike Western judges, he does not have lifelong tenure. The bureaucracy, banks and accountability institutions should also preserve their autonomy tooth and nail.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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Emerging Muslim Blocs and Pakistan’s Foreign Policy Dilemma

Tamseel Aqdas

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Over the years, Arab nations like Saudi Arabia and the United Arab Emirates had established substantial influence over the Muslim world, and were essentially ‘leading’ the Muslim world through the genesis of the Organization of Islamic Cooperation (OIC). Through the OIC, resolution of conflicts penetrating towards Muslim minorities in states like the Philippines were directed. In addition, financial aid was provided to developing Muslim countries like Pakistan. Nevertheless, in the contemporary notion, the Arab states heading the OIC have diverted their priorities to complement their political and economic interests; which can be attained through close alliances and diplomatic ties with  USA, Israel and India. Consequently, a new bloc of non-Arab states, namely: Turkey, Iran and Malaysia have emerged to fill the vacuum, because they collectively share concerns over the foreign policy of the Saudi Arabia and UAE led Muslim bloc. Where, they lack involvement in resolving standing conflicts that impact the stability of Muslim countries, such as the Kashmir conflict between Pakistan and India and the Israel-Palestine conflict. Hence, the new Muslim bloc aims to bring about a renaissance for unity and prosperity in the Muslim world, which is deteriorating due to the Saudi and UAE led bloc.

In fact, the UAE has acknowledged Israel as a legitimate state whilst establishing full diplomatic ties, and Saudi Arabia, Oman and Bahrain are assumed to follow its footsteps in a matter of time. UAE is changing the dynamics of its non -renewable oil based economy, since oil will eventually dissipate. Hence, it is now investing in technological developments, such as the Masdar sustainable city project in Abu Dhabi. Since Israel is a technological hub, this decision was based on economic interests. In addition, the billion dollar deal between Iran and China for the development of Chabahar port poses a threat to the security of these Arab states. Meaning, establishing closer ties with the West through recognition of Israel was an attempt to stabilize the potential security threat. As, UAE will gain access to news weapons, such as: F-35 stealth fighters and advanced drones. Along these lines, Saudi Arabia and the UAE no longer carry ambitions of leading and protecting the Muslim world; instead, due to the changing economic and security dynamics of the region, they preferred national interests over the interests of the Muslim states.

Being home to the second largest Muslim population and the only nuclear power in the Muslim world, both blocs carry the aim of integrating Pakistan. However, Pakistan may find itself in the midst of a dilemma. As, one bloc serves its ideological purpose, whilst the other bloc carries numerous economic incentives. On one end, the Saudi and UAE led bloc offers economic allurement, such as: loans, deferred oil payment and job opportunities to millions of unemployed Pakistanis. Nevertheless, not calling an OIC meeting for the Kashmir cause and recognizing the state of Israel challenges the ideological existence of Pakistan. Since, Pakistan regards the annexation of Kashmir as illegal, and condemns India for the human rights violations in that region. Furthermore, according to Quaid’s vision, Israel cannot be accepted as a legitimate state unless Palestinians are provided with an equal opportunity for the creation of their own state. As a result, lack of action in the Kashmir and Palestinian genocide paves as obstacle in Pakistan adapting the Saudi and UAE led bloc. On the contrary, the Turkey led bloc has openly sided with Pakistan on its stance on the human rights violations occurring in Kashmir. In addition, they also raise their voice against Israel’s war crimes. Furthermore, Iran- a state in the emerging Turkey led block- is capable of supplying Pakistan with large amounts of power and energy. This can benefit the industrial growth of Pakistan, whilst improving the economic conditions of Pakistan as well. Henceforth, Pakistan has a like-minded foreign policy ideology with Turkey, Malaysia and Iran, and Iran can potentially provide economic incentives through power and energy supplies as well. Nevertheless, the benchmark of economic inducement provided via the Saudi and UAE led block is high, and can outweigh the Turkey led block.

Despite Pakistan’s attempt to form an appropriate balance between these blocs, the strategic and ideological interests of Pakistan over the region of Kashmir led to the apparent notion of Pakistan siding with the Turkey led bloc. In a statement by Pakistan’s Foreign Minister Shah Mehmood Qureshi, avoiding an OIC meeting in accordance with the Kashmir conflict presumed the fact that the Saudi and UAE led bloc have kept their mutual business interests with India over the occurrence of human rights violations in Kashmir. Consequently, out of circumstance Pakistan is compelled to bring forward a meeting with states sharing Pakistan’s stance on the Kashmir cause (i.e. Turkey, Malaysia and Iran). This was a major shift in Pakistan’s foreign policy, because Pakistan has generation after generation viewed Saudi Arabia as the leader of the Muslim Ummah. In fact, Pakistan fought several proxy wars for Riyadh, despite the notion that it left Pakistan economically vulnerable. Nevertheless, Saudi’s lack of commitment towards Pakistan’s interests, compelled Pakistan to divert its foreign policy. Not surprisingly, as a response Saudi Arabia withdrew the deferred payment of oil and asked for the immediate return of US$1 billion. As a result, Pakistan’s chief of Army Staff had to make an immediate visit to Saudi Arabia, in order to stabilize the rising tensions. This entailed that Pakistan could not bear the economic burden of impaired relations.

Thus, despite the fact that Pakistan attempted to change the direction of its foreign policy to suit its ideological interests, it was taken over by the storm of economic dependence. Pakistan lacks the financial stability to tarnish their relations with the Saudi and UAE led bloc and shifting  towards the Turkey led bloc. As, that could mean the return of millions of employees and the immediate payment of loans, which the government of Pakistan cannot afford. Implying how Pakistan is incapable of changing its foreign policy on its own, and is influenced by external dynamics instead. Henceforth, a stable economy can enable Pakistan to exercise a foreign policy based on its ideological purpose.

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Justice for Justice!

Palwasha Binte Inam

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A country where justice is served to affluent people only, however the poverty stricken suffer. Where justice and law are limited to papers and bills only, nonetheless scarcely any execution is observed. Is Pakistan independent from the shackles of injustice and corruption or is it still in slavery of two laws?No justice is a threat to justice itself, that’s why we demand justice for justice. As Martin Luther king once said, “Without justice there can be no peace. He who passively accepts evil is as much involved in it as he who helps to perpetrate it.”

In June 2017 Sergeant Haji Attaullah at Quetta’s GPO Chowk was struck by a vehicle which belonged to Majeed Achakzai (Ex MPA of Pakhtoonkhwa Milli Awami Party.)The traffic police officer had been seriously wounded in the accident and was taken to Civil Hospital Quetta where he succumbed to his injuries. In spite of a clear video evidence, on 4th September 2020, the model court in Quetta acquitted former (MPA) in the traffic sergeant murder case due to lack of evidence. The family of a traffic sergeant who was run over and killed has refuted reports of reaching compromise with him. The deceased’s brother said they have decided to challenge the acquittal of Achakzai in the Balochistan High Court (BHC). “Neither have we reached any compromise with Majeed Achakzai nor have received any blood money,” he clarified. According to a private news channel, the deceased’s brother said the CCTV footage of the incident is clear evidence of how the cop was killed. Besides, he lamented that the authorities have not fulfilled the promise of giving a job to the deceased’s son in the police department yet. Regrettably, this is not the only incident in which law was used to benefit the rich and the poor was left in despair. In fact, law should be used to serve justice to the lawful and punish the unlawful, however this isn’t the case in Pakistan.

Rape is also one of the heinous crimes in which the victims are hardly served justice. Once the rape is done, the victim is meant to suffer throughout the life. The suffering is in the form of mental trauma, lack of self-confidence and one of the heart wrenching fact that such families have to suffer social isolation. In the first 60 days of 2020, as many as 73 incidents of rape have been reported, including 5 gang-rape cases. Thus, sexual assault and abuse cases in Pakistan have not decreased. A periodical report titled “Tracking Crimes against People – A Numeric Tale of Human (In) Security” released by human rights group Sustainable Social Development Organization (SSDO) revealed a 200 per cent increase in cases of rape against women and children in the past three months. Minors are mostly targeted by pedophiles in playgrounds, streets, markets, shops in congested localities, and also schools and madrassas.  According to the official data since January 2018 no one was convicted in 141 child rape cases reported in Lahore so far. In addition to these,3 rape cases were reported in just 24 hours including the motorway incident, rape of 12-year-old in Gujranwala and a rape of women cyclist in the capital of Pakistan (Islamabad.) Most criminals escape conviction because of poor investigation by police and flawed persecution. These stats are not just alarming, but they are awful and it clearly spreads this message that children and women aren’t safe.

Rape incidents have increased at a much higher rate, despite the introduction of Pakistan’s first national child abuse law in March. The Zainab Alert, Response and Recovery Bill, passed in March, introduced a life imprisonment penalty for those found guilty of child abuse, as well as a dedicated helpline and agency. The country’s first national child abuse legislation also requires police to register a case of abuse within two hours of a child being reported missing. Law enforcement officers must also complete their investigations into individual cases within three months. Recently, the rape and murder of a 5-year-old girl named Marwah in Karachi, Pakistan, has sparked an outpouring of tributes on social media, with many using the #JusticeForMarwah hashtag to demand better protection for minors. According to local media, Marwah was kidnapped after attempting to buy biscuits at a local shop on Friday. Her body was found in a garbage heap two days later, and a subsequent autopsy report revealed she had been sexually assaulted, hit in the head, and set alight.

A few days earlier, Zain Qureshi, a mere 12-year-old boy, was raped in Multan on August 31. Three unknown men allegedly cajoled the boy into accompanying them to the market where they viciously planned to rape him. Various accounts allegedly state that Zain was raped by one of these men, but his resistance to the second attempt got him shot in the bottom. Zain was rushed to Nishtar Hospital where he underwent a five-hour surgical operation and, thankfully, survived! It has also been reportedly pronounced that two men involved in the Zain Qureshi rape case have been taken into custody, whereas one is still on the run. The most recent rape incident which has sent a clear message to the daughters of Pakistan that they are not safe because predators are roaming around freely. A woman was raped in front of her children by two unidentified men on the motorway early Wednesday. The men fled after the rape and stole her cash and jewelry worth Rs100,000. She was driving to Gujranwala with her children when she ran out of fuel near Lahore’s Gujjarpura. The woman was sitting in her vehicle when two men walked towards her car, broke her window, and made her park on the roadside. They then took her and the children to a nearby forest and raped her. The police said the woman’s initial medical examination confirmed that she had been raped. A case has been registered.

Even though, the fact is that rape is a serious crime punishable by death, yet frequency of rape incidents is persisting in Pakistan due to dysfunctional mechanism of law enforcement. The judicial system and police infrastructure, due to complicated legal requirements, have not been playing the expected role and have not produced fruitful results to control this vicious crime.  As a result, the perpetrators have been damaging innocent lives, tarnishing their social status and ruining their honor in the society without any fear of punishment. According to (HRCP), an incident of rape occurs every two hours and an innocent victim is gang-raped every four to eight days. The reports are serious blot on the Islamic society of Pakistan. Its high time for the authorities to consider rape a serious issue and take immediate measures for ending such crimes.

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The China Pakistan Economic Corridor: Justifications and Refutations

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This commentary discusses about the China Pakistan Economic Corridor (CPEC) where Chinese and Pakistani perspectives on CPEC have been highlighted along with India’s strong refutation of those perspectives or justifications. The commentary mentions that while both China and Pakistan have underlined the economic-developmental aspects of CPEC, there could be an interesting case for empathising with India’s argument that CPEC has unmistakable strategic-security aspects that has certain consequences for India’s national interests which need to be seen.

Introduction

The China Pakistan Economic Corridor is an initiative under China’s Belt and Road initiative which aims at providing connectivity, infrastructure, and promotion of people to people exchanges. The BRI has been seen as a tool for promoting the Chinese Dream, which had a purpose of promoting free trade, economic cooperation,mutual benefitin member countries. China through the BRI, is trying to ensure regional stability through economic growth eventually trying to make its presence felt in the region.

This has been seen as a project which could ensure job opportunities, inclusivity and also a connectivity to the People’s Republic of China.The complete distance of this project is 3218 km. China is investing USD $64 billion in this project.[i]CPEC is useful for Pakistan, where many rail projects, power plants and special economic zones have been promised by China therefore making it attractive to foreign investments.

As part of this initiative, $11 billion was initially invested on transport infrastructure and a fibre optics link from Kashgar in Xinjiang to Gwadar in Balochistanis being established plus $ 33 billion was to be spent on power plants supplying solar, coal as well as wind energy.[ii] Also, ten Special Economic Zones have also been included in this project where they are being constructed in Mirpur, Muqpandass both situated in PoK.

China needs another base after Djibouti, where Gwadar has potential due to its strategic geographical location. This could provide an easier alternative to the Malacca Strait , which could be seen as a strategic chokepoint where two thirds of global oil trade passes through and Gwadar is a strategic point for China to exert itself in the Indian Ocean.

CPEC could be seen as an opportunity with respect to Pakistan’s high debts, weakening economy, state instability. It could prove beneficial even for Balochistan which is prone to many separatist movements plus also including it for development since it is left out from the rest of the region. Here, this article discusses about the Pakistani views on CPEC and how does it benefit Pakistan with respect to territorial disputes such as Kashmir and Balochistan. Will this project be useful at a time bad reputation which Pakistan has with respect to terrorism?

Rationale Of CPEC From Pakistan and China’s Points Of View

This initiative is not the first time Pakistan has approached China for any assistance. A common threat brings countries together in order to tackle a rising threat from any power. In Pakistan’s perception, it always had historical political and strategic issues with India since independence with respect to the Kashmir problem which has caused a deadlock between India and Pakistan ever since, where the two countries witnessed three wars in1965,1971and 1999.

The CPEC passes through the disputed areas of Mirpur, Gilgit and Baltistan where Pakistan and India are disputing for territorial claims.Immediately after the 1962 India-China war, Pakistan illegally gave away Shaksgam Valley to China as a part of a friendship agreement. Ceding of Shaksgam valley to China in a way led to increased involvement in the India-Pakistan dispute on Kashmir by providing Pakistan defence and economic assistance.

China believed that the Kashmiri people should have right to self -determination and make a wise choice, whether to join India or Pakistan. Slowly, along with improving ties with India, China started keeping a neutral approach on this issue with respect to India’s growing economic strength as well as its ties improving with the United States.China perhaps realised that it could not afford to lose out on India even though it has Pakistan’s strategic value in mind. However, the advent of CPEC has forced the veneer of formal neutrality to drop off.

CPEC could also be useful in providing vocational training skill development for students staying in the areas which are covered and need such basic facilities. The Chinese government is providing scholarships for the students staying in the areas of GilgitBaltistan, whose fate is still uncertain about which country to join.[iii]

Pakistan’s Growing Economic Interdependence on China

Historically, China-Pakistan relationship has been driven by strategic-security considerations. Except for defence trade, basically Chinese arms export to Pakistan, economic aspects of the ties were really weak. However, in last one decade, and particularly with CPEC, their relations have developed significantly. Seeing China as a strategic threat, US is counting on India for security and economic initiatives.

US ever since 2008, is seeing a decline in its economy which leads China having an edge afterwards. The two countries are in the middle of a trade war which has led to GDP growth fall in both the countries therefore impacting manufacturing.Assistance was stopped being given to Pakistan under the Donald Trump regime and reduction in US FDI inflows since 2011have led to estrangement between two countries.

A drift between US and Pakistan is making Pakistan more dependent on China for economic aid. Here,CPEC aims at bringingeconomic development along with cultural and people to people connections are bringing two powers closer. CPEC aims at building inclusivity in the country where radicalism, poverty, unemployment is a key concern. According to Xinhua, 75,000 small jobs have been created in the country along with 100 small and medium enterprises being involved. This project aimed at creating 2.3 million jobs between 2015 and 2030.[iv]

CPEC Projects

The areas around GilgitBaltistan are rich in resources such as uranium, silver plus it also houses the K2 and Nanga Parbat peaks.[v] Important hydropower projects such as dams are coming up in this area through which important rivers such as Jhelum pass some examples of energy projects include the Kohala hydropower project, which produces about 1100 MW of power and the Phandar hydropower station, producing 80 MW of power. Other hydropower plant projects are also being constructed in Bunji, located on Indus river,will provide 7100 MW of power along with the Diamer- Basha dam, whose estimated cost is about US$12-14 billion also has a capacity of providing 4500 megawatt of power.[vi]

Important railway connections are also being put into place under this initiative. The Karachi Peshawar railway line is also coming where the project is expected to be complete by 2022. The railway line covers 1872 km and the maximum operating speed on this railway line could be 160 km/hr. Railway tracks would be upgraded,new signalling systems will be setup and new safety provisions will be provided for passengers.[vii]

The Karakorum highway is one of the highest road infrastructure projects which are coming up, situated at height of 4714 m. This highway starts from HasanAbdal and goes till Kashgar, in Xinjiang Autonomous region, where the distance covered is 1300 km. This highway will cover HasanAbdal, Thakot, Havelian, Raikot, Gilgit and Skardu.[viii] The highway construction was difficult due to high altitude and terrain. Its redevelopment and up gradation is an essential portion in context to this initiative.Other projects include development of an oil refinery and a new airport in Gwadar, also the Multan Sukkur motorwaywhich is under construction is an important part of the Karachi Peshawar motorway covers 392 km and this aims at reducing the distance between Multan and Sukkur by 3 hrs. This project was inaugurated in November,2019.[ix]

These projects as a part of the CPEC would provide easy connectivity between two countries and also be useful in the infrastructure development in Pakistan. The initiative could be useful for Pakistan’s power supply and economic growth. 

India’s Refutation

Indian hegemony, in Pakistan’s perception, can be seen as a common problem for both China and Pakistan, as it is said that a common threat, a common goal or interest could lead to countries getting   together and forming a balance against a threat from a rising power that could coerce weaker countries in the near future. This is the case with CPEC being seen as a tool to counter India’s rise and influence on the Kashmir issue.

This project has been based on geopolitical considerations rather than strategic interests since Gwadar is prone to many pro-independence movements and Kashgar being a question due to Uighurs issue which the Human Rights Watch is questioning with respect to human rights violations, radicalism plus also the Kashmir issue. Incidentally, ever since Article 370 was abolished in August 2019, China feels that by including the Aksai Chin under Indian domain could be a contentious issue, which China took over in 1962. The same also went for Gilgit and Baltistan where the CPEC flows. According to a press statement China is in view about India posing a challenge to its territorial sovereignty and interests.[x] That’s why efforts are being made to speed up this project keeping India under check with respect to its claim on Kashmir.

Thus, there are genuine case of India reading strategic implications for itself. As per press statements of MEA, India had shown reservations with respect to joining BRI where many reasons were stated. Some of them included environmental protection and project costs. India prioritises its sovereignty and territorial integrity at the first place.[xi] Another statement states that connectivity is based on important factors which include rule of law, transparency.[xii]

Finally, one would point out that it is not only India that has raised concerns about CPEC. Countries such as US are also flagging concerns about Chinese influence in Pakistan with respect to any infrastructure or other projects since these initiatives are being seen as a tool being used by China in order to bring smaller countries into a debt trap.[xiii]

In case this project is implemented at a rapid pace, then the two all -weather partners can tackle secessionist movements taking place in Balochistan. Due to this about 10,000 troops have been deployed throughout the corridor since Chinese firms are slowly getting wary about these movements which they feel are against the national interests of both countries, creating further divide in the near future.

CPEC can only move at a proper pace for Pakistan if there is a stable administrative body and organising proper methods to tackle terrorism and also by putting India on loop while organising these projects instead of using force or coercion. Negotiations will play an important role with respect to achieving national interests. Putting projects on disputed territory could be seen as route to war instead of negotiating and proper demarcation of boundaries.

Economic development has played an essential role with respect to countries indirectly taking over territories from competitors instead of using coercive measures directly which will lead to further war mongering. Economic development has been seen as a tool of soft power, where through giving employment, loans and infrastructure strong countries set preferences of smaller countries. For India, these projects are seen as a power game where two countries are trying to counter the fast growing economy by using economic development in the areas which are disputed with respect to territorial claims. Actually economic infrastructure is not meant for catering to economic interests but for fulfilling geopolitical interests! Therefore, Pakistan will benefit from this project.

Criticism

The project has witnessed a lot of doubts whether it is ethnic turmoil, corruption, lack of transparency, improper terrain and an increasing debt which Pakistan has. There has been doubts in the minds of the Baloch , who feel that the Punjabis are the main beneficiaries as far as job opportunities go and there have been many protests in opposition of infrastructure projects  because the areas in Balochistanare rich in resources such as natural gas copper  and gold, many  residents in those areas feel that human development will get impacted.Balochistan is a needy region which has a long lasting demand for drinking water, electricity, roads, proper healthcare and education facilities. 2400 families have been displaced in Balochistan due to these projects, so there could be a chance of rise in Baloch insurgency if the residents in the region are not properly consulted.[xiv]

Conclusion

The CPEC has always been in India’s mind because of threat to national sovereignty and strategy. China and Pakistan both have a common threat which leads them to be together. The US is becoming dependant on countries such as India, Japan because there is a slow decline in its role in the global scenario. The US has its own reservations with China whether it’s the trade war or South China Sea Dispute so there is a reason for US to be wary of China to contain smaller countries in a debt trap, as suggested by Alice Wells ,in November 2019.[xv]

As far as India goes, it is still particular about joining BRI behind which the CPEC is a major reason when its national interests, security, territorial sovereignty is at stake. China in order to pressurise New Delhi for looking into its national interests is counting on Pakistan for support through this project since connectivity and infrastructure development will prove useful for China to get access to Pakistani soil and at later stages in the name of providing economic development for Pakistan, it could create a sense of dependency on China. Construction of dams, hydropower projects in PoK could in the near future lead to easy divergence in river flows taking place.

India’s tension is Pakistan’s gain which means that if China objects any move which is in India’s interest and China tries to bring Pakistan in whenever there is a common concern with respect to any development in India , whether it’s the NSG or the Maulana Masood Azhar issue. Pakistan will always be an all weather ally of China.

Endnotes


[i]S. A.Zaidi, “A Road Through Pakistan, and What This Means for India”,Strategic Analysis Journal, 43(3), 2019,p. 218.

[ii] Ibid

[iii] Muhammad Khurshid Khan, “Balancing Relations With China and the United States In The Backdrop Of The CPEC” ,The Korean Journals Of Defence Analysis, 30(4), December 2018, pp. 577-590.

[iv]Liu Tian, “How One US Official Got It Wrong on China-Pakistan Economic Cooperation”, Xinhua, November 23,2019, at http://www.xinhuanet.com/english/2019-11/23/c_138578254.htm
(Accessed November 27, 2019).

[vi] D Jorgic,“Pakistan Eyes 2018 Start for China-funded Mega Dam Opposed India”, Reuters, June 13, 2017, at https://in.reuters.com/article/us-china-silkroad-pakistan-dam/pakistan-eyes-2018-start-for-china-funded-mega-dam-opposed-by-india-idINKBN1941P9 (Accessed November 29,2019).

[vii] “China Pakistan Economic Corridor: Expansion And Reconstruction Of Existing Line ML-1,2019,CPEC Official Website, at http://cpec.gov.pk/project-details/30 (Accessed November 28, 2019).

[viii] “Lisa Heilscher ,Karakorum Highway, Belt and Road Initiative”,2018 , https://www.beltroad-initiative.com/karakoram-highway/ (Accessed November 28, 2019).

[ix] Give full name (T. N. S.) Correspondent, “Light Traffic can Use M 5”, Dawn, November 5,2019, at
https://www.dawn.com/news/1515372 (Accessed November 28, 2019).

[x]“Foreign Ministry Spokesperson Gen Shuang’s Regular Press Conference, Ministry Of Foreign Affairs of the PRC Website, October 31,2019, athttps://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1712371.shtml (Accessed November 29,2019).

[xi]“Official Spokesperson’s Response to a Query on Participation of India in OBOR/BRI Forum”,Ministry Of External Affairs (MEA), May 13,2017,at https://mea.gov.in/media-briefings.htm?dtl/28463/Official+Spokespersons+response+to+a+query+on+participation+of+India+in+OBORBRI+Forum, (Accessed January 3, 2020).
[xii]“Official Spokesperson’s Response to a Query on Media Reports Regarding Possible Cooperation with China on OBOR/BRI”, MEA, April 5 2018,https://www.mea.gov.in/media-briefings.htm?dtl/29768/Official+Spokespersons+response+to+a+query+on+media+reports+regarding+possible+cooperation+with+China+on+OBORBRI (Accessed January 3,2020).

[xiii] Liu Tian, November 2019

[xiv]ZahidShahab Ahmed, “ Impact of the China Pakistan Economic Corridor On Nation Building “, Journal Of Contemporary China, November 5, 2018, pp. 409-413

[xv] Liu Tian , November 2019

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