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Meeting of Politicians with ArmyChief – Interpretation by Supreme Court

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Multiparty conference (MPC) organized by Peoples Party was held in Islamabad on 20 Sep which was attended by 11 major political parties in the opposition including PML (N), JUI-F, JUI, ANP, and prominent nationalist parties. The joint declaration issued has 26 points including the demand of resignation of PM and formation of national alliance in the name of Pakistan Democratic Movement (PDM).  The meeting declared that the “incumbent selected government has been granted artificial stability by the establishment that has imposed it on the people through rigged elections. The forum demands transparent elections in the country and calls for electoral reforms. The declaration also demanded that election reforms without any role for armed forces or agencies, be enacted. Expressing reservations on the rising interference of establishment in political matters and declared it a threat for the country and national institutes. The declaration demanded that the establishment immediately cease stop all manners of interference in politics. The PML-N founder, Nawaz Sharif while addressing the MPC alleged that the root cause of Pakistan’s problems was the presence of a “state above the state” and declared that opposition struggle was not against the PM but against those who had imposed such an incapable person upon nation through a manipulated electoral process.  It was given wide coverage by the domestic and international media especially India.  After the MPC, minister for railways issued statement that parliamentary leaders including, the Opposition Leader, Chairman PPP, Ameer of JUI, senior rep of JUF and other parliamentary leaders,have met the Army chief and DG ISI in a meeting called by the later four days before the MPC. According to Dawn of 26 Sep the railway minister declared that the opposition leaders informed about the excesses made by NAB and requested for his involvement. The army chief clearly told that the army was not in any manner linked to the political processes and had no involvement in matters concerning election reforms and accountability.  The general categorically conveyed that no one would be allowed to create chaos in the country. Whereas the opposition parties claimed that we attended the meeting to discuss Gilgit Balistan (GB) issue and concessions were not requested. The minister of railways when asked in the talk show on 25 Sep, are you the spokesperson of the army, his reply was,“I feel honored to be”. As reported in Dawn of 24 Sep, DG ISPR informed that Mr. Zubair ex-governor of Sindh, a   senior leader of PMLN met COAS on 7 Sep and earlier in August to request for relief for Nawaz Sharif and Maryam Nawaz, which was declined by the chief saying that case is in the courts. However, Mr. Zubair reply was that he never made such request. In the same time frame, as per SAMAA TVshow Awaz, Senator Abdul Ghafoor Haidari of JUI disclosed that Army Chief had invited the JUI-F leadership to a meeting ahead of the Azaadi March last year. The COAS urged them not to hold the march or interfere in whatever they were doing against Nawaz Sharif. In addition, a lotof videos/posts are in circulation for and against the role of army in the present political scenario. The address of Maulana Fazal ur Rahman is pertinent. It is evident that a lot of controversies have emerged about interaction of Army chief with the politicians.

It is relevant to mention that Charter of Democracy was signed between Benazir Bhutto and Nawaz Sharif in May 2006 in London which has 36 articles. Most of these have been incorporated in the constitution by 18 th amendment. Summary of the articles 22,which is relevant to current political situation but not yet included in constitution is, we shall not join a military regime or any military sponsored government. No party shall solicit the support of military to come into power or to dislodge a democratic government. Keeping these in mind parliamentary leaders of the opposition parties may have declined to meet the army chief. Moreover, according to article 245 of constitution functions of the armed forces are,“shall under the directions of the Federal Government defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so”. The oath taken by armed forces personnel from soldier to general is, I, (rank & name), do solemnly swear that I will bear true allegiance to Pakistan and uphold the constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law. {May Allah Almighty help and guide me (Ameen)}.The Quaid has very strongly emphasized the armed forces to follow the oath taken. Relevant portion of his address to Command and Staff college Quetta of 14 June 1948 are, “I have no doubt in my mind, from what I have seen and from what I have gathered, that the spirit of the Army is splendid the morale is very high and all are working as a true Pakistani. One thing more, I am persuaded to say this because during my talks with one or two very high-ranking officers I discovered that they did not know the implications of the oath taken by the troops of Pakistan. Of course, an oath is only a matter of form; what are more important are the true spirit and the heart. But it is an important form, and I would like to take the opportunity of refreshing your memory by reading the prescribed oath to you. “I solemnly affirm, in the presence of Almighty God, that I owe allegiance to the Constitution and Dominion of Pakistan (mark the words Constitution and the Government of the Dominion of Pakistan) and that I will as in duty bound honestly and faithfully serve in the Dominion of Pakistan Forces and go within the terms of my enrolment wherever I may be ordered by air, land or sea and that I will observe and obey all commands of any officer set over me.As I have said just now, the spirit is what really matters. I should like you to study the Constitution, which is in force in Pakistan, at present and understand its true constitutional and legal implications when you say that you will be faithful to the Constitution of the Dominion.

Keeping in view TV talk shows, various videos / posts in circulation on social media, the interaction of the army chief with politicians has become controversial. It is tarnishing the image of the army which is a prestigious institution of the country. It is also leading to political instability.   In accordance with the article 245 of the constitution the political leaders should have declined the meeting with the army chief. At the same time as per same article and the oath taken by the armed forces personnel, it is considered that the army chief may not have called and met the leaders of the opposition parties.  But political leaders and the official spoke person of the army are giving impression that it is a normal activity. The government point of view is also similar. Therefore, it is likely that this type of activities may continue. It is pertinent to mention that as per article 5 (2) of the constitution,” obedience to the constitution and law is the (inviolable) obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.”It is therefore suggested that the Supreme Court may take Suo Moto notice under article 184 (3) of the constitution and interpret the article 245 of constitution and the spirit of the oath taken by armed forces personnel. So that controversies do not surface in future and the institutions of the state and the politicians strictly follow the constitution and the oath taken.  

Commodore ( Retd) Senior Research Fellow, Strategic Vision Institute, Islamabad

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South Asia

Cease-Fire Review: A ray of hope

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Pre-Negotiations are very much crucial to achieve the state of “Negociation Continuelle” (continuous negotiations) the only way due to which conflicting parties go for sustained mode of talks.  On 25th February Director Generals of military operations (DGMO’s) of India and Pakistan contacted with each other to review cease fire agreement, on line of control (LOC), which was held back in 2003.  Both States reaffirmed cease fire agreement and to restart weekly hotline contact at DGMO’s level. The agreement was largely violated by both states for several times and they were accusing each other for violations. But one thing is common that on both sides Kashmiris are suffering, they are raising their children in an environment of fear and severe violence. India and Pakistan are both nuclear capable states of South Asian region and are considered as the custodian of regional peace and stability. And without shadow of a doubt regional peace and security is a collective responsibility of the responsible states. Pakistan and India are the main conflicting parties of South Asian region and Kashmir is the bone of contention between them. Kashmir has been a question of integrity for both States. The Line of control also known as working boundary, divides Indian Kashmir from Pakistani Kashmir. There are several resolutions have been passed by the UN General Assembly to address the Kashmir issue but never implemented. UN wants to solve this issue according to the hopes of Kashmiris. The initiation of bilateral talks in the present outrageous environment is not less than a blessing in disguise and it will be fruitful for all the stakeholders; India, Pakistan and Kashmiris as well. This peaceful move from Pakistan and India is highly appreciated globally because Kashmiri diaspora is present worldwide and they are very much concerned with future of their homeland.

Indian Prime minister Narendra Modi, with his hostile ideology of “Akhand Bharat” assumed office in 2014. His political adventurism based on jingoistic-cum-hawkish policies dragged India State to the verge of staunch illiberalism where identity crisis burst up, which is more lethal than previously existing class crisis. Every community including lower class Hindus, Muslims, Christians, Sikhs etc. all are vulnerable to the identity crisis.  On 30th May 2019, he sworn for his second tenure as prime minister of the world’s so called largest democracy. He came with another adventurous mandate and the first demonstration took place when he suspended special status of Kashmir and abrogated articles 370 and 35A. His ideology is regarded as Nazi-inspired ideology because in contemporary scenario only RSS community and other proponents of Hindutva are only considered as “Real Hindustani”. All minorities are suffering in India because their basic living rights are kept aside. The ongoing farmer’s protests shook the foundations of the state, hundreds of thousands of farmers rushed to the Delhi against the anti-famer laws passed by Indian Parliament.

In India Separatist movements are getting pace; minorities are unsatisfied with governing approach of Bhartiya Janata Party (BJP). Prime Minister Narendra Modi, reuined the secular and democratic face of India. On the other hand, Foreign policy of India is facing severe challenges because PM Narendra Modi’s approach is hostile based on hatred and prejudice. These attributes are fatal for State’s reputation at foreign lands; the recent India-China standoff was just a teaser of BJP’s whole story related to foreign relations. In addition to this, Economic goal of 2025 of India is again became a distant dream just because of belligerent policies of ruling regime.

In contemporary scenario if we look towards India, only Modi-Media nexus will be seen. But in reality the situation is getting worse day by day. The review of cease fire agreement, offered by India, is a positive step towards the regional peace. It is appreciated by both civil and military administrations of both states. When PM Imran Khan assumed office he offered dialogue to his Indian counter-part but Indian Premier refused to go for any sort of talks. India always took a position that to initiate talks first of all, Pakistan has to stop the cross-border terrorism. Both terrorism and talks can never go side by side, this Indian claim is not based on empirical evidences because Pakistan has been facing menace of terrorism  since 2001 and leaving no stone unturned to root out terrorism and safe havens for terrorists.

Currently, India is facing deep internal and external challenges. It is in the interest of India to have peace talks with Pakistan. On the other hand, it is a ripe moment for Pakistan to act decisively because it is the only time when India can review its decision of 5th August 2019.Moreover, it is a ray of hope to establish peace in entire region. This is the time when bi-lateral diplomacy can turn the traditional regional political dynamics. Both states are facing same problems when it comes to poverty, climate change, social security and the list goes on. The realm of these talks should expand and concern parties have to include economic and political regimes in front of each other otherwise momentum of talks will be lost. Regional connectivity is important to have eternal peace, Pakistan and India should review SAARC (South Asian Association for Regional Cooperation) that would provide basis for economic, cultural as well as political connectivity. Major Powers should also play their important role because world cannot afford rivalry between two nuclear states. Now, America is under a democrat President, and they should check every internal and external move of their Strategic and defense ally in Asia-Pacific region. Negotiations between India and Pakistan are in the interest of all other regional and extra-regional actors. Both states should adopt flexible approach while discussing the core issues and should avoid blame game. It will enhance the chances of continuous negotiation which is a pre-requisite for peace and progress.

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What does the Kashmiri want?

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Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

A group of envoys visited the illegally-occupied Jammu and Kashmir State ostensibly `to take first-hand account of the situation in Jammu and Kashmir and government’s efforts to restore normalcy’ (Hindustan Times February 17, 2021). Srinagar welcomed the envoys with a spontaneous shutdown. Prior to the visit, political leaders and human-rights activists were detained. The envoys did not visit Farooq Abdullah, Mehbooba Mufti or any of the other opposition Kashmiri leaders.

The Hindu dated February 17, 2021 reported ‘The J&K government showcased “deepening democracy” to visiting 24 foreign diplomats, who arrived on a two-day tour of the Union Territory (UT) on Wednesday amid a spontaneous shutdown in Srinagar and alleged detention of recently elected National Conference (NC) district council members in Budgam’.

Post-special-status abolition situation

After abrogation of the special status, India took a number of steps to silence public dissent_diurnal and nocturnal search operations to hound, kidnap or kill the Kashmiri, Internet ex-communication, blatant use of draconian laws against ordinary Kashmiris and their leaders alike. A law was passed to jail parents of stone-pelters., if any. Meanwhile local body elections were held in which the ruling BJP was cut to size. But, India, as reported b y the Hindu also, showcased the elections in international media as a proof of popular participation and contentment of the people with the status quo.

Have the Kashmiri resigned to their fate

The mysterious silence in the Valley during the envoys’ visit speaks volumes on how much the Kashmiri hate India. However, it appears the Kashmiri could have shown their ennui through some mode of peaceful protest.  They could draw lessons from the Occupy the Wall Street or Precariat Movement in the USA.

Occupy has six letters. A group of six persons mostly celebrities in their fields, stand up at some busy street holding letters O,C, C, U, P, and Y. The Kashmiris also could have displayed the letters in word `AZADI’ through a group of five persons.

Apathy

Arnold Toynbee, in his Challenge and Response Theory postulates that if a challenge is too onerous a nation may become apathetic. In similar vein, Ibn-e-Khaldoon suggests that survival of a tribe (nation) depends on cohesion (asabiya, nationalism) of a tribe faced with life-and-death threat around its frontiers.

Amy Chua (Political Tribes: Group Instinct and the Fate of Nations) talks about static or dynamic response of a society as shaped by group instincts of various components of a society.

Applying Amy Chua’s framework to Kashmir situation

Amy Chua challenges the view that the conventional mechanism of demokratia (government by the people) is a panacea for all the problems of a society. Thus the recently-held local level elections or even `state assembly’ elections in occupied Kashmir are no panacea for the Kashmiris’ simmering discontentment, their revulsion to yoke of Indian rule. Chua, in her afore-quoted book analysed situation in Vietnam, Afghanistan, Iraq and Venezuela, besides so-called terror tribes including the Islamic State of Iraq and Syria.

Kashmir in Chua’s framework would suggest it is naïve to believe that Kashmiris are resigned to their fate. By analogy, even a thousand years of exploitation by a microscopic Chinese population did not subdue the Vietnamese hatred of the Chinese. As soon as the Americans left Vietnam, the native Vietnamese prowled upon the rich community of Chinese like a pack of wolves. The Americans plunged into decade long futile war with Vietnam without realizing that the Vietnamese were not Chinese stooges.

The indomitable fighting spirit

Indian forces had been using pellet guns to blind the Kashmir. Now, former chief minister Mehbooba Mufti, they have begun to use even chemical weapons against the Kashmiri.

Let us have a glimpse of the dogra’s reign of terror in Kashmir. To stifle the Kashmiri’s fighting spirit, the dogra punished even Kashmiri children who played with fork-slings (ghulail) and stones (Muhammad Yousaf Saraf, Kashmiris Fight for Freedom, vol. 1, p. 50). Under the dogra rule, the Kashmiri were treated no better than beasts of burden. Instead of donkeys and horses, Kashmiri Muslims were used to transport goods across Gilgit, Leh and Skardu. They carried luggage on their backs across glaciers as high as 17,000 feet. Thousands of them perished along the way each year owing to frost bites, fall from a precipice, and hunger or sickness. The dogra caravans were not humane enough to stop for a while in the snowy passes to look after the injured porters (or ‘human beasts of burden’). Besides performing the forced labour, the Kashmiri had to pay heavy taxes. Whole of their produce was confiscated by the dogra. Little was left for tillers and their children to eat. On every item, the oppressed Kashmiri had to pay multiple taxes. Take shawls. Not only the shawl-makers were taxed, but also the other intermediaries like importers of pashmina (wool) from Ladakh, and storekeepers, whether wholesalers or retailers (ibid. p. 280-81).

The regressive revenue system resulted in a famine during winter of 1877. People began to die of starvation. Instead of releasing grain stocks from the royal go-downs, the maharajah’s constabulary drowned the starved, crying people in the Wullar Lake. Saraf writes: “Whole boat-loads of starving people have been conveyed by the Maharajah’s officials to the Woolar Lake, and there drowned” (ibid. p. 294).

The reign of terror by Indian forces (now estimated at about nine lac regulars and security personnel) who replaced the maharajah’s constabulary on October 27, 1947 is no less gruesome. International human-rights organisations, as well as India’s National Human Rights Commission, have brought into limelight the Kashmiri’s mysterious disappearances, their custodial deaths, and countless rapes of hapless Kashmiri women.

Like the dogra, Indian rulers are mercilessly exploiting Kashmiris’ economic resources. Bulk of locally-generated electricity is being diverted to Indian states. The tourism industry is in shambles. Highly – educated people have no jobs. With no inflow of tourists, the shopkeepers have no business. Unlike the occupied Kashmir, all the socio-economic sectors in Azad Kashmir are progressing by leaps and bounds.

Toynbee’s Challenge and Response Theory suggests that if the challenge is too strong, a nation becomes apathetic. Ibn-e-Khaldoon’s asabiya (spirit of national cohesion) also suggests that a nation’s spirit is likely to be smothered by a challenge which is too heavy. Historical lessons do not apply to the Kashmiri’s struggle. Neither Indians, nor the dogra could gag them. The struggle for freedom has continued unabated.

The lesson from Kashmiris’ struggle for freedom is that repression or palliatives like elections in occupied Kashmir are no good. The Kashmiri wants “freedom”. Their group instinct is `resistance’. But they need to learn from peaceful resistance movements like the Occupy and the Precariat.

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Pakistan Day Celebrations: Civilian Participation

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Pakistan got independence on 14 August 1947 by hectic political struggle from the platform of All India Muslim League (AIML) under the dynamic leadership of Quaid e Azam Muhammad Ali Jinnah. The presidential address at Allahabad on 29 December 1930 of Dr. Muhammad Iqbal, accelerated and gave more clarity to the movement. He presented the idea and concept that Muslims are a separate nation by emphasizing that a nation is distinguished from the other based on religion, customs, and traditions. At the same time, he strongly disagreed with the Western concept of religion as a private affair. Iqbal explained that Islam is a way of life and thus Muslims are a separate nationand accentuated that unless their rights areprotected, it is impossible to establish peace and tranquility in the sub-continent. The determined political struggle of AIML led to March 23, 1940, Lahore Resolution, at its 27th annual session. The Quaid addressed the session on the first day andstressedthat Hindus and Muslims follow two different religions, philosophies, social customs literature and this made them two distinct nations.

The contents of the resolution, according to Story of Pakistan are“No constitutional plan would be workable or acceptable to the Muslims unless geographical contiguous units are demarcated into regions which should be so constituted with such territorial readjustments as may benecessary. That the areas in which the Muslims are numerically in majority as in the North-Western and Eastern zones of India should be grouped to constitute independent states in which the constituent units shall be autonomous and sovereign”. It strongly rejected the concept of United India. The word states wassubstituted to one state by a resolution passed at the 1941 Madras session of the AIML which stated, “everyone should clearly understand that we are striving for one independent and sovereign Muslim State.” Moreover, in all speeches, the Quaid used the word “an independent homeland” or “an independent Muslim state”.Pakistan and India became dominions on 14 and 15 August 1947 respectivelyby the Indian Independence Act, 1947, based on the Mountbatten Plan of 3 Junepassed by the parliament of the UK on 18 July. Keeping in view the atrocities being committed by RSS, a militant wing of BJP in Indian Illegally occupied Kashmir (IIoK), and minorities especially Muslims in all over Indianot being allowed to practice religion freely, havevery sturdily substantiated the decision of AIML to fight for a separate state for Muslims. It elucidates their political acumen and far-sightedness. 

Pakistan remained a dominion for about nine years till thefirst constitution as the Islamic Republic of Pakistan was adopted on 23 March 1956.Thereafter 23 March was celebrated as “Republic Day” (Yome Jamhooria)every year to commemorate the Lahore resolution and adoption of the constitution.   After the imposition of martial law by Ayub Khan in Oct 1958,it is being celebrated as“Pakistan Day”. Probably the plotter of the coup could not celebrate constitutionalism and democracy on March 23 so ‘Republic Day’ was replaced with ‘Pakistan Day.  The main feature is a three-servicesparade in Islamabad followed bythe display of military weapons and equipment. Floats of the provinces also march past. The flypast by Army and Navy combat aircraft displaying their weapons and equipment.The flypast by PAF fighters and aerobatic.

The celebrations are spread over about two and half hours.Pakistan Day has taken the shape of a Defense Day which was not originally intended. Moreover, Army, Navy, and Air Force organize their respective Defense Days on 6,8, and 7 Septemberevery year. The events of the Pakistan Day parade give an impression especially to civilians that military strength is the only most important component of national power. The remaining such as economic capacity, natural resources, industrial capacity, national cohesion, political structure, and leadership, etc. which are also very vital needs to be given projection. Therefore, parade proceedings may be modified to include more participation of civilian-related events. The latest inventory and indigenously developed weapons and equipment may be displayed to reduce timings. The PAF fighters may only carry out professional flypast andaerobatic performance similar to the aerobatic display team, like “Red Arrow “may be excluded. It is pertinent to mention that most of the countries have prohibited aerobatic display in public places to avoid any untoward incident. It is suggested that floats carrying students who have topped in the boards and universitiesand have done distinct research work in the past year may be added. Similarly,floats carrying civilians who have been awarded Pride of Performance and other awards, businessmen who have been bestowed awards, sportsmen who have brought honors for Pakistan may also be included.  Few industrial floats may also be added with indigenously manufactured machinery and other items.Floats carrying agricultural products and livestock may also be considered.Citations are read as the float passes the dais. Moreover, in Islamabad and the provincial capitals industrial exhibitions may be organized which may include indigenously developed machinery and other items.The civilian participation in Pakistan Day celebrations will certainly add colors and act as a source of pride for them as well as for the nation.

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