Pakistani democratic system celebrates 5 years

The parliament passed 117 bills, including anti-terror legislation. Its 5-year term ends March 16.

Pakistan is on the verge of an unprecedented democratic transition of power, from one elected government to another after a full five-year term.The National Assembly January 30 gathered for a commemorative photograph outside Parliament House, marking the first time an elected group in Pakistan has survived five years of unhindered rule. Typically, elected governments in Pakistan have lasted two to three years before being dissolved by the president or falling to martial law. During its term, which ends March 16, the parliamentarians have passed 117 bills on a wide range of issues, including terrorism. "Given our country's history, it is an achievement in itself that we have lasted together for five years," Malik Azmat Khan, minister of state for inter-provincial co-ordination, told Central Asia Online. "We have shown the world that democracy can prosper in Pakistan. … We have made history." The country has proved that members of different parties can come together and stand as one in the protection of the democratic process, he said. "We have strengthened institutions. We have brought autonomy to the provinces, brought stability to the country," Malik said. "We have stood shoulder to shoulder with the army in our war against terrorism. We have stood shoulder to shoulder with the people when it comes to accountability." "When we came into power, there was no party with a majority," he said. "It was teetering toward a hung parliament. We were told we wouldn't last five months. We have made it five years."

18th amendment stabilises Pakistan

Among this greatest achievements, parliamentarians cite passage of the 18th amendment and, to a lesser extent, the 19th and 20th that refine it. The 18th amendment returned power to parliament and the prime minister after military regimes had steered those powers to the president. For example, the ability to dissolve elected governments now rests with the prime minister. The amendment also strengthened provincial governments, giving them the ability to legislate on marriage, labour, pollution and more than 40 other issues; previously federal authority prevailed on those matters. The amendment filled constitutional holes created by past regimes, said Sheikh Rohail Asghar, a National Assembly member from Pakistan Muslim League-Nawaz. It allows for a stronger federation through stronger provincial autonomy, and it paves the way for healthy institutions, he said. "There have been many disappointments, but for me, the 18th Amendment was a marvellous achievement," Sheikh told Central Asia Online. "All the lawmakers banded together and rid the constitution of all of its dents, and the provincial autonomy that it brought about was critical to our nation's development." The amendment, which contains more than 100 revisions to the constitution, came about after more than a year of consultation and was passed on April 8, 2010. When President Asif Ali Zardari signed the bill, it was the first time that a Pakistani president willingly handed back power to the people. The 19th and 20th amendments define the procedure to appoint members of the judiciary and the Election Commission – two institutions that will play a critical role in ensuring the legitimacy of the upcoming elections, he added.

Anti-terror laws

The parliament worked on fighting terrorism too. The Fair Trial Bill, for example, seeks to streamline the processing of evidence within the criminal justice system. It updates laws of evidence, enabling authorities to more readily prosecute suspects accused of terrorism. The bill, which still requires presidential approval to become law, would allow authorities to establish criminal liability by performing electronic surveillance but safeguards privacy rights by including the judiciary in the entire process. Previously, authorities were restricted to presenting traditional evidence, such as the word of informants. "Matters of evidence and surveillance have languished in grey areas in Pakistan for the past decade," Aijaz Ahmed, senior correspondent for CNBC News covering the parliament in Islamabad, told Central Asia Online. "Terrorists have been caught planning crimes over the phone by the intelligence agencies, but the proof was inadmissible in court due to our old laws." "These fixes to the law allow for proof to be out in the open rather than in shaded offices," he explained. "They also ... [bring] in the requirement of warrants for each stage of surveillance." The National Assembly in its February 8 session also saw the introduction of the National Counter Terrorism Authority, which has made its way through the Senate, media reported. Observers expect the bill to come up for debate and to secure passage when the Assembly meets for its final sitting, which is expected the last week of February. Observers also expect the final session to bring an announcement of the date of general elections as well as of the names of the caretaker ministers who will serve during the interim.