Thursday, September 24, 2020
Amid civilian-military conflict, does Pakistan need a new social contract?
By Shamil Shams
Pakistan's opposition says the army has too much political power. The army generals say politicians don't deliver on promises. Can Pakistan's politicians and generals sit together and resolve their differences?
Pakistan's opposition politicians are confronting the country's army generals head on, in a sign that civilian politicians are taking off their gloves to directly criticize the powerful military establishment.
On Sunday, major Pakistani political parties, excluding Premier Imran Khan's ruling Pakistan Tehreek-e-Insaf (PTI), held a conference in Islamabad and openly slammed the military for interfering in civilian matters.
Former Premier Nawaz Sharif, who is currently in London for medical treatment, chose not to hold Khan responsible for multiple crises wracking Pakistan. Instead he blamed those who "brought him to power" – a veiled reference to the military.
"Today, our struggle is against those who installed Imran Khan and who manipulated elections to bring an incapable man like him into power and thus, destroyed the country," Sharif said in his address to the opposition conference via a video link.
It was not the first time that Sharif and other opposition politicians accused the army of rigging the 2018 general election. It was also not the first time that politicians accused the generals of undermining civilian supremacy.
However, the tone of the conference was predominantly anti-military, with almost all opposition parties agreeing that the country's military has exceeded its constitutional role. In Sharif's word, the Pakistani military is now "above the state."
"It is saddening that the situation has escalated to a state above the state. This parallel government illness is the root-cause of our problems," Sharif said.
The increasing hostility between the army and the political class doesn't augur well for Pakistan. The economy right now is in shambles, and the human rights situation is dire. Climate change and coronavirus only add to these problems.
Trust between lawmakers and military generals could help the state function better. But it is an open question on how to get a new social agreement to work between Pakistan's military and civilian ruling classes.
Lack of trust
Pakistan's civil society wants a subservient role for the military, as is laid down in the country's 1973 constitution. Rights groups accuse the military agencies of unlawfully detaining activists, journalists and political workers, and censoring the media.
They want the civilian administration to be in charge of all government affairs – domestic matters, the economy and foreign policy.
"Both civil and political societies in Pakistan have a responsibility to safeguard the constitution, democracy, federalism and supremacy of parliament by resisting any actions that will be detrimental to the country's integrity and security," Harris Khalique, secretary-general of the Human Rights Commission of Pakistan (HRCP), told DW.
Constitutionally, the argument is valid, but the reality on ground is different.
Security issues have dominated Pakistan since it got independence from British rule in 1947. The civilian space shrank further after the start of the Afghan War in the 1980s. The US invasion of Afghanistan in 2001 gave the army an even bigger role in the country's affairs.
This geopolitical situation makes it difficult for Pakistan to function as a normal state. It is reality that the military is ubiquitous in Pakistan and won't relinquish its power anytime soon.
Ghulam Mustafa, a retired army general and defense analyst, is in favor of a dialogue between the military and the opposition parties but believes that Sharif is not ready for it.
"Nawaz Sharif works in an authoritarian way. He does not want to pay heed to the advice of national security institutions," Mustafa told DW.
"Similarly, the Pakistan Peoples Party [headed by former president Asif Ali Zardari and his son Bilawal Bhutto Zardari] needs to take security matters seriously. Only these steps could lead to reconciliation. The military is in favor of a friendly environment," the general added.
Qamar Cheema, an Islamabad-based political analyst, said it is Khan's job to bring the military and political class closer together.
"Khan is the leader of the House (parliament). He needs to create space for democratic groups, start a dialogue with the opposition. He does not even want to talk to them," Cheema told DW.
"Actually, the prime minister has given more space to unelected offices," Cheema said, referring to the military establishment. "It is not democratic behavior," he added.
Cheema believes that the army also wants to strengthen the democratic setup in the country, but it doesn't trust politicians.
"Sharif, for instance, tried to cut down the army's powers. That created mistrust," he said, adding that the military doesn't want the civilian leadership to take "hasty decisions" to normalize ties with India, something which Sharif attempted during his third stint as premier between 2013 and 2017.
Habib Akram, a Lahore-based analyst, said the army also enjoys public support; therefore it would be incorrect to say that the conflict is between the people and the military.
"The army controls the mainstream political narrative. Many Pakistanis support the army and consider politicians corrupt," Akram told DW.
A new system for Pakistan?
Genera Mustafa believes the political crisis could be resolved if the country opts for a new constitution.
"We need new constitutional arrangements. The parliamentary form of government is not suitable for Pakistan and we should rather have a presidential system," Mustafa said, adding that a council should be formed under new arrangements to debate all issues of national importance.
But the country's democratic forces say the demand for a new political system is undemocratic.
Imran Zafar Laghari, a PPP leader and former lawmaker, said there is no need for any constitutional role for the army.
"The 1973 constitution clearly defines the military's role, which is to defend the country. It must stay within its constitutional domain. It would be catastrophic for Pakistan if some forces try to meddle with the constitution," Laghari told DW.
With compromise looking impossible, a middle road could be a new social contract between all stakeholders of the ruling class.
"I don't think that Pakistan needs a new social contract. What the country needs is the supremacy of parliament as per the constitution," according to HRCP's Khalique.
"All stakeholders need to respect the existing social contract that citizens have with the state. If citizens or human rights defenders have some issues with the constitution, it is the prerogative and mandate of the lawmakers to amend the constitution as representatives of the people of Pakistan," Khalique said, adding that the constitution delineates the role of every institution.
Analyst Cheema prefers a novel way to deal with the situation. "The gulf between elected offices and non-elected institutions of the state is growing. Pakistan needs to start a national dialogue," he said.
"It is not just about the constitution. The military believes that politicians don't deliver when they come to power and that they don't devolve powers. The political class says that the military is not letting them work."
https://www.dw.com/en/amid-civilian-military-conflict-does-pakistan-need-a-new-social-contract/a-55029526
Is she 18? How Pakistan’s forced conversion of minors gets legal cover
If your kidnapper-husband says you are 18, or have had your first period, no more questions are asked in Pakistan about abduction-conversions of young girls.
Their names change, their dreadful stories remain the same. It can be Kavita, Maria, Simran or Huma, what bonds their doomed fates in Pakistan are their faiths. The forced conversion of minor girls from minority communities to Islam is a pandemic that won’t end on its own.
Prime Minister Imran Khan can say Pakistan will take strict against anyone targeting minorities, but this practice has continued for years with impunity.
Pakistani contractors preach the world on Islamophobia, while Pakistan persecutes its own Shias and Ahmadis. We are triggered over Muslim rights in Europe and India, while oppressing our own minorities with state patronage.
And now, there is another popular way to hide forced conversions to Islam — say the minor girl was 18 and show a fake certificate or say she has had her first period. She is an adult then, and no more questions are asked by the state.
‘Free-will affidavit’
Last month, a teenage Hindu girl, Simran Kumari from Ghotki in Sindh, was kidnapped and then miraculously resurfaced at the shrine of Bharchundi Sharif, infamous for converting thousands of Hindu girls to Islam. Kumari’s family members are now forbidden to see their daughter because they are ‘kafirs’ and she has been married off to her Muslim kidnapper.
In another case earlier this month, 14-year-old Parsha Kumari from Khairpur was abducted, forced to convert and married to Abdul Saboor. Like in most conversions cases, the family produced a school certificate to verify age, but a ‘free-will affidavit’ from the kidnapper-husband set the minor’s age at 18. Thus, showing that the girl is an adult and can make her own decisions.
The dilemma of each forced conversion is that no medical examinations are done to determine the age of the minor independently by the authorities.
And automatically, the system, which has been rigged by the religious and social VIPs, sides with the captors and not the aggrieved families in most cases. Questions arise on why only minor Hindu and Christian girls ‘fall in love to get converted’ for men thrice their age? Why don’t Sindhi Hindu boys fall in such love?
With court sanction
How does the system help even if a girl escapes? There’s not even the pretence of carrying out justice then.
Maria Shahbaz, a 14-year-old Christian teenager who recently escaped her abductors, provided testimony on how she was raped, forced to convert and then married to her kidnapper. She was videotaped while being raped and was threatened with release of her video if she didn’t obey orders. Maria was then pushed into the prostitution ring — from where she escaped. Even after braving the ordeal of repeating what happened to her, Maria and her family are being threatened, and justice remains a far cry.
The Lahore High Court had earlier ordered her to go back to her kidnapper after her family protested. And when her family contested that she wasn’t 18 and was forced, the court said: “The statement of Maria Shahbaz as well as her general appearance unambiguously show that she is a grown-up young lady who seems to have attained the age of puberty.”
Huma Younas, another Christian girl who was abducted and converted at 14, is now pregnant from rape by Abdul Jabbar. In her case, the Sindh High Court ruled that a girl can get married after her first menstrual cycle under the Sharia law. It did not matter if Huma was non-Muslim, or that her school and baptism certificate showed she was born in 2005, or that she was kidnapped and forcefully converted and married. Her forced marriage was given a legal cover despite the fact that in Sindh, the Child Marriage Restraint Act 2013 prohibits marriage under the age of 18. The federal government of Pakistan Tehreek-e-Insaf (PTI) had vehemently opposed the bill to set the marriageable age of girls at 18 saying it was un-Islamic.
A lesser god
In the absence of any law against forced conversion in Pakistan, there is hardly any will from the provincial Pakistan Peoples Party (PPP) government or the federal Pakistan Tehreek-e-Insaf (PTI) government to effectively implement the child marriage laws in place. There is no dearth of cases but the seriousness of the government is visible because it is still deciding on the “definition of forced conversion” with the help of the clergy. Wonder how many more minors have to be kidnapped and converted for lawmakers to define what a forced conversion is, what is free will and what is statutory rape, how to independently verify age of minors, and how the law should see sexual relationships with anyone below 16.
The fear of kidnapping and conversion has had an impact even on affluent Sikh and Hindu families, who, over the years, have stopped their girls from getting an education after primary school. They say that it is the only way for them to protect vulnerable girls.
Conversions coupled with discriminatory laws and societal prejudices make life miserable for the non-Muslims who want to survive in the country. But when notorious men such as Mian Mithoo of Bharchundi dargah hobnob with powerful men, it is a clear message for Hindu parents — your daughters are children of a lesser god.
https://theprint.in/opinion/letter-from-pakistan/is-she-18-how-pakistan-forced-conversion-of-minors-gets-legal-cover/509646/
#Pakistan - Chairman #PPP Bilawal Bhutto Zardari condemns NAB’s notice sent to Maulana Fazal-ur-Rehman
Bilawal Bhutto Zardari said that Imran Ahmed Niazi regime can no longer suppress the people’s resistance no matter what it does or use NAB or any other tool to victimise the Opposition leaders.
PPP Chairman asked the PTI regime to stop using such tactics against JUI-F Maulana Fazalur Rehman and other Opposition leaders adding that reverse counting has started for the regime as people are fed up with its anti-people, anti-democracy and anti-economic policies.