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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

Kashmir Bleeds, International Community Sleeps

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The most beautiful part of the World “Kashmir” bleeds while the International community sleeps. Snow-covered mountains, lush green pasters, blue skies, blue lakes, excellent climate, rich culture, best food, unique race – one of the most pretty races on this earth, makes Kashmir “Paradise, but India has turned it a living hell. Nine hundred thousand troops enforcing curfew since the 5th of August 2019 has turned Kashmir a prison, where 8 million people are under siege, for the most prolonged period of curfew in the known history of humankind. No food, no medicines, no fuel, no electricity, no basic neccessaties of life, yet, the brave people of Kashmir survived and kept their struggle for their legitimate right of self-determination.

Seventy-three years ago, Indian illegitimate occupation armed forces entered Jammu & Kashmir in a stab to subjugate the Kashmiri people. To this day, the brave people of Occupied Jammu & Kashmir (I.I.O.J.K.) have remained committed in their resolve to confront India and stand firm in their quest for the right to self-determination.

On the 5th of August 2019, India took further illegal and unilateral actions to change the internationally recognized disputed status of I.I.O.J.K. and alter the demographic configuration of the occupied territory.  Pakistan and the Kashmiris have unconditionally rejected this blatant travesty of law and justice. For over one year, the scale and impunity of the Indian Government’s human rights abuses have increased manifold. Through the deployment of additional troops and exceptional media and communication blackout, occupied Jammu & Kashmir has been turned into the largest open prison in the world. The world community is calling India out on its oppression, and its cover-up as one of the world’s so-called largest ‘democracies’ has been undeniably exposed.

Pakistan, along with all other nations and individuals, with human conscious, calls for the urgent lifting of the military siege and media blackout, immediate stop to the violations of human rights of Kashmiri people, release of Kashmiri leaders and youth, and an end to impunity allowed to Indian occupation forces under draconian laws.We urge the international community to play its role in exerting pressure on India to reverse its illegal course in I.I.O.J.K. and restore the Kashmiris’ fundamental human rights.

We express complete solidarity with the people of I.I.O.J.K. and assure our Kashmiri brothers and sisters that the Government and people of Pakistan remain shoulder-to-shoulder with them. Pakistan will not concede in its support until the Kashmiris realize their legitimate right to self-determination in harmony with the United Nations Security Council resolutions.

India has turned Kashmir into a volcano, which may burst any time, any moment, and may cause disaster not only to India and Pakistan but may engulf the entire region or the whole world. It is worth mentioning that India and Pakistan both are nuclear states and possess enough piles of lethal weapons to eradicate each other. Mostly, the Government in India has been hijacked by Hindu extremists, and one can expect any abnormal action from them. Or by mistake or accidentally eruption of war, might lead to nuclear war, or World War III.

India is already involved with China, and a war-like situation exists. India is holding parts of Nepal illegally and at odd with Bangladesh, Sri Lanka, Myanmar, Maldives, Sikkim, Bhutan, etc. The extremist Government in India may initiate any misadventure and endanger humanity.

The U.S. is backing India and supporting it to counter China. But, history tells, that when Americans are your friends , you do not need enemies. Former Securty Advisor in Trump Administration, Mr. John Bolten, who has worked with President Trump closely, understands him much better than anyone else. He is of the opinion that President Trump supports India, but if a war broke out between China and India, President Trump might no longer support India. Is India able to confront China???. Let the Indian think tanks and intellectuals decide it.

However, the region is highly populated, with 1.4 billion population of China, 1.2 billion population of India, 220 million population of Pakistan, and almost similar to Bangladesh, etc. The loss of humanity may cross all previous records.

The international community may awaken and take preventing measures to avert any possible disaster.

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South Asia

October 27th: The Tyranny Continues in Kashmir

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October 27 marks the beginning of Indian Occupation of the disputed territory of Jammu and Kashmir. It is forever scarred in the collective minds of the Kashmiri people as the day they became occupied.

The Kashmir conflict began in 1846 with the illegal, immoral and inhumane sale of the historic state of Jammu and Kashmir to a non-Kashmiri Dogra family for services rendered to the British Raj. From that point, onwards, Kashmiri’s have long for self-determination. Yet, tragically, their legitimate aspirations were crushed with the grotesque, irregular and illegal ascension, by the brutal foreign ruler Maharaja Hari Singh who did not have the consent of the people.  With the arrival of Indian soldiers – the historic Black Day of Occupation begins its most recent and insidious manifestation.

The Princely State of Jammu & Kashmir obtained independence on August 15, 1947, when British paramountcy lapsed.  At that moment, under international law as understood by Indian National Congress, The Muslim League and Great Britain, sovereignty in Kashmir devolved on its peoples, not its autocratic Maharaja.  Indeed, Kashmir was beset by wholesale domestic revolt against the Maharaja when independence arrived, and widened in the initial months thereafter. To save his despotism from collapse, the Maharaja requested the assistance of the Indian military on October 27, 1947, after ostensibly signing an Instrument of Accession to that nation. British Scholar, Alistair Lamb has convincingly demonstrated that the Instrument of Accession was as bogus as the Protocols of the Elders of Zion or the Donation of Constantine.  An original has never been found, and there is no plausible explanation for a disappearance if an original had ever existed. 

The people of Kashmir are constantly reminded of the resolution # 47, adopted on April 21, 1948 that states that the future status of Kashmir must be ascertained in accordance with the wishes and aspirations of the people of the territory. This resolution was agreed upon by both India & Pakistan, negotiated by the United Nations and accepted by the Security Council.

Ambassador Warren Austin of the United States said it the best in the Security Council on January 24, 1948, “…When India accepted the accession of Kashmir, it made its act stand for a great principle by stating as a part of the acceptance, that it was conditional on fair plebiscite being held to determine the will of the people of Kashmir with respect to accession. I think an example was made in history at that point.”

India, however, was soon undeceived of its delusions over Kashmir’s political yearning. Recognizing that its people would never freely vote accession to India, it contrived excuse after excuse to frustrate a plebiscite. When the United Nations proposed arbitration, a reference to the World Court, or any other method of resolving minor demilitarization quarrels, India nixed them all. After a few years, it dropped all pretense of acceding to a referendum by unilaterally proclaiming its annexation of Kashmir. India’s proclamation has never been accepted by the United Nations, which continues to list Kashmir as a disputed territory who future status is yet to be determined by its people.

History proved the British Prime Minister Clement Richard Atlee wrong when he said on November 7, 1947, “…he (Pandit Nehru) undertook that the will of the people should be ascertained, and he proposed that this should be done under the authority and supervision of the United Nations…I can’t believe that Mr. Nehru’s pledges have the sinister implications.”

India’s creepy design was also confirmed by Bertrand Russell who said in 1964 “ The high idealism of the Indian government in international matters breaks down completely when confronted with the question of Kashmir.”

So, a false narrative was concocted by India, out of nothing more than thin air, in a vain attempt to intellectually subjugate a people. This challenge is most serious, since it resonates, even today with more vigour. How often do we hear outlandish statements like, ‘Kashmir is an integral part of India’? These statements do not exist in a vacuum. They are loaded and violent. This form of violence is more insidious, more difficult to confront, for it is attempting to indoctrinate Kashmiris about their past, their present and direct them to a future that does not belong to them.  They had become the objects of history rather than the masters of it.

Another serious challenge that people of Kashmir face, when attempts are made to confine the Kashmir dispute to a bilateral matter between India and Pakistan as if Kashmiris were inconsequential. This charade of sorts represents an outrageous attempt to restrict discussions of Kashmir, to India and Pakistan to the exclusion of the most important party to the conflict – the people of Kashmir.  Today, this strikingly ignorant political strategy has collapsed after the Abrogation of Article 370 & 35 A on August 5, 2019 and no longer is considered an honest initiative for resolving the Kashmir dispute. It has not achieved any of its desired objectives of bettering relations or resolving Kashmiri aspirations for self-determination. It is evident that this policy has proven a colossal failure. If, in more than 73 years, the ‘bilateral masquerade’ has produced nothing more than cheap photo opportunities, then it is better to once and for all, put this show to an end.

The world powers and the saner elements in both India and Pakistan need to realize that the bilateral talks between India and Pakistan have always remained barren. And trilateral dialogue between Governments of India, Pakistan and the leadership of Kashmir — without any precondition from any side — is the only way to resolve the issue of Kashmir once for all. Participation of Kashmiri leadership in the dialogue process is the sine qua non that will help to achieve the lasting peace and tranquility in the region of South Asia.

In fact, a ‘Kashmir Quartet’ should be established that includes Kashmir, Pakistan, China, and India. Moreover, outside intervention and mediation should include the United Nations. The chairmanship of the Kashmir Quartet mediation should be undertaken by a person of international stature, such as Kjell Bondevik former prime minister of Norway or President Mary Robinson of Ireland.

Today, the challenge before us is that a new generation in Kashmir has been raised with blood and tears for which death no longer poses a threat for what can death do that life has not done before: their suffering is freeing them from fear. Kashmiris’ fearlessness has led to the powerful protests and the largest demonstrations in recent years. The presence of hundreds of thousands of people on the streets of Srinagar, marching towards the office of the UNMOGIP, is a proof that the freedom struggle is not a terroristic movement but a movement that is indigenous, spontaneous, peaceful and popular. 

Now, is the time that Mr. Antonio Guterres, the Secretary General of the United Nations brings the situation in Kashmir to the attention of the Security Council under the provision of the Article 99 of the United Nations Charter. It is here in the region of South Asia that not two but three nuclear powers have been eyeball to eyeball for the last one-year? The Article 99 authorizes the Secretary General to ‘bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security’.  If not now, then when can Article 99 be invoked to bring peace and stability to the region of South Asia.

The UN Secretary General should listen to Mr. Gross, US Ambassador to the UN who said in the Security Council on December 5, 1952, we feel that it is the role of the Security Council to assist the parties in seeking to reach agreement.

So, now is no time for complacency or temporizing.  And the chilling suffering and misery of the Kashmiri people continues every day a peaceful resolution is deferred.

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South Asia

Promoting Projects and Practices in Community Health in India

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Street scene in India, August 2020. © UNICEF/Vinay Panjwani

One of the most populated countries in the world, India has been facing problems with regard to well-being of its citizens while sustaining their developmental needs. The need for better health facilities, and developing antidotes for new kinds of pathogens and viruses have made the task more challenging. The respective governments, pharma companies, and testing labs are trying to develop safe trial mechanisms and developing safeguards for protecting the lives of vulnerable sections of society. Within India, the community health programme involves the non-governmental sector, healthcare professionals, economics aspects and social interaction through people and voluntary workers. While the health ecosystem exists, the problem has been finance, support and critical knowledge repository. India did well to address issues such as polio vaccination and creating community awareness for regular medication against tuberculosis. There is a mounting impact of chronic diseases in economic and social sectors, need for quality health services in the wake of changing demographics, and increasing life expectancy have made matters more complex.

In terms of understanding the requirements for building better resilient and health-conscious societies, it is important that the vaccines, lifesaving drugs, and medicines should be developed with certain generalised regulations which can improve the health of the society and address problems faced by people living across regions. While India is a subcontinent comprising of all geographical features, it is also a cauldron of different ethnic communities, and physical features which provides exceptional opportunities for testing and developing medicines which can cater to different physical and pathological profiles of people. Within India, one can find people with different levels of immunity. As the eating and food habits have been different, there is higher incidence of diabetes, hyper tension and cardio diseases in a cross-section of people. It has also been seen that people who are above 40-70 years of age have been more vulnerable to pandemics, and other communicable diseases. A sizeable mortality profile of people suggests that.

In this context it becomes very important that medicines which should be developed should have a better shelf life and give results which can be corroborated with testing facility, with a cross-section of people. The results have usually varied with regard to people with different eating habits and also nutrition factor. Pandemics such as COVID-19 have brought to the fore that India has better resistance mechanisms which has helped in relatively less mortality rate when these people have been infected with COVID-19. The duration of sickness because of COVID -19 has varied from five days to more than three weeks. In such certain times, it has been found that because of lack of any effective medicine or any sure shot diagnostic mechanisms the treatment has prolonged and the recovery has been slow. In terms of legal and other regulatory mechanisms, it has been found that most of the clinical trials which are done in India enroll the vulnerable  and poor people and human trials are conducted. There is a grey area of medical compensation and addressing post-tests complications from legal point of view.

For India it has become imperative to develop projects and conduct feasibility studies through government mechanisms rather than through medical companies. While projects have been undertaken to study different kind of diseases that school children and adults will be facing in the next two decades, it has been found that most of the complications will be related to teeth, eyesight, anxiety and mental well-being. However, in the case of pandemics and community health programmes it has been encouraging signs that initiatives such as creating awareness with regard to AIDS, mental well-being, depression and anxiety disorders have been fruitful and rewarding with institutionalising counselling and telephone helplines. Most of the programs have been done and supported by NGOs as well as a few voluntary organisations.

The projects and programmes which can be initiated in India should address core issues. Firstly, the incidence of non-curable diseases, depression, immunity disorders, other issues related to community transmission, and the development of proper safeguards and awareness with regard to pandemics and life-threatening diseases. Secondly, the COVID-19 has opened a Pandora’s box with regard to the incidence of diseases which impact community, and thereby also affect government health budget. Lastly, it is necessary that India will have to create medical soldiers and inform voluntary workers so that the community transmission and community health well-being should be addressed on a priority level.

As the COVID vaccine is in different trial stages, many countries are looking for testing facility in India and also conduct human trials, as legal structure in medicinal trials is still in infancy. India needs to address the issue of IPR on developing vaccines and medical history should be addressed jointly as it has been found that many western countries have been purchasing medical history of the patients living in developing Asia, providing vaccines through great testing mechanisms and subsequently using copyright laws to deny cheap medicines to the larger community.

 In this regard it is important that India should conduct research on immunity vectors of its population and develop generic drugs which can help in protecting communities from most transmissions. It is also pertinent to note that in terms of the temperature variance across India it provides unique testing opportunities in different conditions. However, there is a need for a holistic approach and therefore it is important that training and sensitisation of the personnel working in this field is of paramount importance. Initiatives related to preventive and therapeutic services is critical. Also, looking for quick alternatives would save the lives of personnel.

Just like any emergency, there is a need for rapid action medical force which can provide immediate assistance and better cognitive abilities track critical illnesses and the reasons thereof. It has been seen in the case of midwifery and associated postnatal diseases that it has worked wonders with a better equipped and knowledgeable person existing in each society for better assistance and awareness.

The critical importance of voluntary workers is that with sufficient technical assistance (which might come from government and state units) gives them confidence and also strengthens their application of knowledge for better informed public health practices and policies. Technical assistance and quick action through centralised control centre has to create the first line of defence in case of a pandemic. 

The institutes which have been working in this field are Public Health Foundation of India, Indian Institutes of Public Health and All India Institute of Hygiene & Public Health, which have been disseminating information through online workshops, seminars, and social media. They have created affiliates and sister agencies working in the field all across India. Networking of public health institutions in medical education need to address issues such as environmental health and countering new kind of diseases which are dominating.

This clearly highlights the fact there is a need for understanding pandemics, developing awareness among communities about public health, and stress on hygienic environment, conducting long term  research on emerging diseases and promoting research in tropical medicine.

India need to allocate separate fund for public health initiatives and promote exchange of medical workers with third world countries for better understanding the nuances of medical and health research. In fact, in most of the think tank meetings, public health and awareness is not listed as topics whenever Track II dialogues are held. There is also a need for better practices in public health, education, and developing health demonstration projects, barefoot nurses and doctors, strengthening an eco-system of education, training, and scholarship. Developing traditional medicine and making it easily accessible should be the bulwark against diseases. Restructuring Community Medicine/ Preventive and Social Medicine colleges which impart this kind of education in developing countries is required as the number is relatively less. Across developing world scholarship in community medicine and hospital administration is low and needs structural financial support. The data collection and diagnostics apparatus need micro management to create better response chain. COVID-19 has provided the reason for public health to be taken as a national initiative.

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