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Table of Contests Weekly Analysis May 4 th 2017
Table of Contests
Weekly Analysis May 4 th 2017

1 Global Issues

2 UK: General Election 2017

explained 3 China’s Maritime Disputes

8 Pakistan’s Domestic Issues

8 12 proposals for electoral reform

in Pakistan 16 Civil Military Relations:

Pakistan and India in Comparison

21 Pakistan’s External Affairs

5 Iran: a self-inflicted wound?

6 Protracted Afghan Refugee

Situation: Policy Options for

Pakistan

27

MCQs

Weekly

Current

Affairs

Editorial

28

Transcripts ofTalk Shows

41

FPSC Inspector ASF (Airport

23

CNN’s Amanpour

Security Force) Paper 2015)

26

Connect the World

 

BOOK REVIEWS

 

43

37

Research Articles for CSS

43. India vs Pakistan: Why can’t we just be friends?

Essay Topics

 

29I. Introduction to Rule of Law

31 The Rule of Law Problems in

Pakistan

45 Solved Pas Papers

37 Solved MCQs of CSS

Compulsory Papers 2015

39 PMS General Knowledge Paper

2014

40 Solved FPSC Assistant Director

Federal Government Organization (Intelligence Bureau) Paper 2015

44 Neither a Hawk Nor a Dove-An

Insider’s Account of Pakistan’s Foreign Relations including Details of the Kashmir Framework

51 Urdu Reports & Transcripts

of Programs

47 Apas Ki Baat I with Najam Sethi

47Apas ki Baat II with Najam Sethi

48 Jirga with SaleemSaaf

Each edition of Weekly Analysis tries to bring best of current affairs prevailing in the whole week to its readers especially students and candidates of competitive exams and it aims at .providing holistic view pertaining to Pakistan’s domestic, external and global affairs. Current issue of the magazine will give its in-depth analysis of global issues like China’s maritime disputes and UK’s upcoming General Election 2017. Pakistan’s domestic and external affairs cover strains in Pak-Iran relations, 12 proposals for electoral reforms, repatriation of Afghan refugees and comparison of civil-military relations in Pakistan and India.

Current issue of the Weekly Analysis deals with those global, regional and domestic affairs which are increasingly affecting the globe militarily, politically, and economically.-As previous edition of this magazine has thoroughly explained Syria’s Crises, North Korea’s Problem, Populism and Indo-Pak Water Disputes along with other regional and domestic problems such as South China Sea Dispute, FATA’s Mainstreaming and Nuclear Arm Race in South Asia etc in such a manner that even a person with no background of national and international affairs can easily comprehend the nature of those issues. These topics are essential part of CSS and PMS compulsory papers like International Relations, Political Science, Public Administration, International Law, Governance and Public Policy, Pakistan Affairs and Current Affairs etc.

Similarly, weekly current affairs MCQs, transcripts of week’s best talk shows, research articles for CSS essay on Rule of Law and solved past papers conducted by FPSC and PPSC are also part of current Weekly Analysis so that readers and candidates of competitive exams may enrich their knowledge in order to succeed in their lives.

Mian Waqas Haider

0345-4740019

Editorial Board

Haseeb Hassan, Dawood Gill, Aqsa Batool, Amir Saleem, Farina, Kamishka Iftikhar, Kinza Qaisar, Maliha Fayyaz, Momel Khan, Laiba Haq, Rizwan Haider, Faiza Azhar, Naima Batool &.Aliya Arshad

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Global Issues

Weekly Analysis May 11 th 2017

Global Issues

UK: GENERAL ELECTION 2017 EXPLAINED

h 2017 Global Issues UK: GENERAL ELECTION 2017 EXPLAINED HOW DO THEY WORK? YOU might have

HOW DO THEY WORK?

YOU might have heard about the

General Election that’s happening on

Thursday 8 June, but why are people

voting? Who for? And who can vote?

A GENERAL Election is the way we

decide which political party is going

to rule the House of Commons, set up

the Government, and run the United Kingdom for the next five years. The last General Election was held in 2015, so this one came as a bit of a surprise when Prime Minister

Theresa May called it three years early. Two thirds of MPs in the House

of Commons had to agree to run the

election early. The PM said she thought the election was necessary to help bring certainty to Britain following the EU referendum. What is a snap election? Under the 2011 Fixed-term Parliaments Act, passed when David Cameron was prime minister, general elections in the UK are supposed to take place every five years on the first Thursday in May.

A snap election can be called for two

reasons: if there is a vote of no confidence in the government or if MPs vote for an early election by a two-thirds majority. What will happen on 8 June? The UK is split up into 650 areas, known as constituencies, each

represented by its own Member of Parliament (MP). On 8 June, people will go to a local polling station to vote for the person they want to be their MP in the constituency where they live. Voters don’t get to pick the Prime Minister, only their local MP. Most of the successful candidates are members of political parties, but anyone can stand for election. To try to stop people standing for a joke, each candidate has to pay £500. If they don’t manage to win 5% of the votes cast, they lose their £500. What is a political party? There are lots of different parties, with different ideas about how the nation should be run. They all make promises to the voters before the election in their manifesto, such as their ideas for the NHS (National Health Service) or the armed forces, or their plans to get more people jobs. Who wins? If one party wins a majority of the seats in Parliament (i.e. more than 325), then they will form a government. The leader of the elected party will usually become Prime Minister. Having a majority of MPs makes it easier for the Government to bring in new laws or make other changes to the country, as they have enough MPs to win any vote that takes place in Parliament. However, this doesn’t always work out because, if enough of the Government’s MPs

disagree with what their party is trying to do, they are still allowed to vote against them. These MPs are known as ‘rebels’. Theresa May is hoping for a bigger majority than she has right now only 17 which will make her Government stronger. But she is taking a risk. She could end up with fewer MPs, or lose the election altogether. What’s a hung Parliament? Things get a bit complicated if no party gets a majority in the election. This is known as a ‘hung Parliament’ and can make it difficult to govern, as the other parties can club together to block any laws that the Government tries to pass. This is what happened in 2010 because the party with the most seats the Conservatives only won 302 seats. They chose to team up to form a Government with the Liberal Democrats, who won 56 seats. This working together is known as a coalition. What could General Election mean for Brexit? If May wins, it will shore up May's strategy for Brexit. In voting for the Conservative party, the British people will be giving May a mandate to carry out Brexit the way she sees fit. The main opposition Labour Party has also committed to carrying out the desire of Britons to leave the EU, expressed in last year's referendum. Only the Liberal Democrats, a minority party, opposes Brexit.

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Global Issues

Weekly Analysis May 11 th 2017

In any case, the UK is already bound by Article 50 of the Lisbon Treaty, which May triggered last month. By invoking Article 50, the British government has set the process of withdrawing from the European Union in motion.

Legal experts are divided on whether it can be revoked -- but there's no chance of that being attempted anyway. As May said in Downing Street:

"Britain is leaving the European

Union and there can be no turning back." (Sources: Press Reader, CNN, Parliament.UK. Wales Today)

China’s Maritime Disputes

The East and South China Seas are the scene of escalating

The East and South China Seas are the scene of escalating territorial disputes between China and

territorial disputes between China and its neighbors, including Japan, Vietnam, and the Philippines. The tensions, shaped by China's growing assertiveness, have fueled concerns over armed conflict and raised questions about Washington's security commitments in its strategic rebalance toward the Asia-Pacific region. East-China Sea is basically a political conflict while South China Sea is an economic one Mapping the Claims Six countries (China, Taiwan, Japan, Vietnam, Philippines, Malaysia, Brunei) lay overlapping claims to the East and South China Seas, an area that is rich in hydrocarbons and natural gas and through which trillions of dollars of global

Historical Context China’s maritime disputes span centuries. The tug-of-war over sovereignty of the Diaoyu/Senkakus in the East China Sea can be traced to the Sino-Japanese War of 1894, while Japan’s defeat in World War II and Cold War geopolitics added complexity to claims over the islands. The fight over overlapping exclusive economic zones in the South China Sea has an equally complex chronology of events steeped in the turmoil of Southeast Asian history. Globalizationincluding extensive free trade pacts between claimantsand recent developments like the U.S. “pivot” to Asia have further connected the two disputes. As China’s economic ascent facilitates growing military capabilities and assertiveness in both seas, other regional players are also

trade flow. As it seeks to expand its maritime presence, China has been met by growing assertiveness from regional claimants like Japan, Vietnam, and the Philippines. The increasingly frequent standoffs span from the Diaoyu/Senkaku Islands, on China’s eastern flank, to the

of

experiencing

their

own

rise

in

nationalism

and

military

long stretch

archipelagos in the

South China Sea that comprise hundreds of islets. The U.S. pivot to Asia, involving renewed diplomatic activity and military redeployment, could signal Washington’s heightened role in the disputes, which, if not managed wisely, could turn part of Asia’s maritime regions from thriving trade channels into arenas of conflict.

capability, and have exhibited greater willingness to stake territorial claims. Power Projection In recent years, China has undertaken drastic efforts to dredge and reclaim thousands of square feet in the South China Sea. Its

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Global Issues

Global Issues

2017

Weekly Analysis May 11 th 2017

Weekly Analysis May 11

th

construction of artificial islands and infrastructure, such as runways, support buildings, loading piers, and possible satellite communication antennas, has prompted its neighbors and the United States to question whether they are

strictly for civilian purposes, as claimed by the government. China’s land development has profound security implications. The potential to deploy aircraft, missiles, and missile defense systems to any of its constructed islands vastly boosts China’s power projection, extending its operational range south and east by as much as 1,000 kilometers (620 miles). China’s Island Building China’s highest rate of island development activity is taking place on the Paracel and Spratly Island chains. Beijing has reclaimed more than 2,900 acres (PDF) since December 2013, more land than all other

claimants combined in the past forty years, according to a U.S. Defense Department report. Satellite imagery has shown unprecedented activity from China on Subi Reef and Fiery Cross Reef in the Spratlys, including the possible construction of helipads, airstrips,

China and Vietnam, and China and ASEAN, could be established among all claimants. These hotline systems would connect leaders in the event of a crisis that could arise from mishaps, such as naval maneuvers misinterpreted by captains of

merchant vessels or fishermen. Lastly, joint naval exercises, such as those proposed by Beijing in October 2015, could support greater military transparency and help develop shared rules of the road. Building a Multilateral Framework The development of a multilateral, binding code of conduct between China and ASEAN countries is often cited as a way of easing territorial disputes in the South China Sea. The parties have already agreed upon multilateral risk reduction and confidence-building measures in the 2002 Declaration on the Conduct of Parties in the South China Sea, but none have adhered to its

"We are strongly committed to safeguarding the country's sovereignty and security, and defending our
"We are strongly committed
to safeguarding the
country's sovereignty and
security, and defending our
territorial integrity."-
CHINESE PRESIDENT XI
JINPING

provisions or implemented its trust-building proposals. While China has historically preferred to handle all disputes bilaterally, ongoing consultations between Beijing and ASEAN still hold some promise for reinvigorating a multilateral framework toward greater cooperation and conflict

resolution. However, given differences among ASEAN members vis-à-vis China and China’s preference to settle matters bilaterally, it is uncertain whether progress can be made. International Arbitration Bringing territorial disputes to an international legal body presents another means of conflict mitigation. The International Court of Justice and the International Tribunal for the Law of the Sea are two forums where claimants can file submissions for settlement. In July 2013, a UN tribunal was convened at The Hague to discuss an arbitration case filed by the Philippine government contesting the legality of China’s territorial claims in the South China Sea. The court ruled in favor (PDF) of the Philippines in July 2016. The tribunal found that China’s “nine- dash line” had no legal basis for its claims to historic rights to resources in the South China Sea and that none of the land features met the requirements of an exclusive economic zone for China. The Chinese foreign ministry dismissed the court’s award, saying it had no binding force. Alternatively, an outside organization or mediator could also be called upon to resolve the disagreement, yet the prospect for success in these cases is slim given China’s likely continued opposition. CRISIS MANAGEMENT In the event military conflict erupts, policy experts including Elizabeth Economy, Sheila Smith, and Shen Dingli outline a few immediate options facing the countries involved. Diplomatic Escalatory actions would likely trigger ramped up diplomacy. The United States could initially serve in a mediation role in the event of crisis erupting in either sea. In the South China Sea, mediation could also come from ASEAN or a trusted, neutral actor within the region like Singapore. Parties could also call for an emergency session of the UN Security Council to negotiate a cease-fire, although China’s permanent seat on the Council could limit the effectiveness of this option. In the East China Sea, bilateral management of the dispute is the likely first option,

piers, and radar and surveillance structures. In addition to China, the Spratlys are claimed by Malaysia, the Philippines, Vietnam, and Taiwan. Experts say that China’s artificial island building and infrastructure construction are increasing its potential power projection capabilities in the region. Policy Options Thousands of vessels, from fishing boats to coastal patrols and naval ships, ply the East and South China Sea waters. Increased use of the contested waters by China and its neighbors heighten the risk that miscalculations by sea captains or political leaders could trigger an armed conflict, which the United States could be drawn into through its military commitments to allies Japan and the Philippines. Policy experts believe that a crisis management system for the region is crucial. PREVENTIVE MEASURES A range of preventive measures could ease regional tensions and de-escalate the risk of military conflict. Experts including Elizabeth Economy, Sheila Smith, Joshua Kurlantzick, and Simon Tay weigh the options.

"Provocations against Japan’s sovereign sea and land are continuing, but they must not be tolerated." JAPANESE PRIME MINISTER SHINZO ABE

Resource Sharing Claimants in both the South China Sea and East China Sea could cooperate on the development of resources (PDF), including fisheries, petroleum, and gas. A resource-sharing agreement could include bilateral patrolling mechanisms, which would deter potential sources of conflict like illegal fishing and skirmishes arising from oil and gas exploration. More collaborations in the mold of joint fishery deals like those between China and Vietnam and Japan and Taiwan could mitigate risk by sharing economic benefits. Military-to-Military Communication Increased dialogue between military forces has the potential to reduce the risk of conflict escalation. Communication mechanisms like military hotlines to manage maritime emergencies, similar to the ones set up by China and Japan,

"Vietnam does not pursue a military buildup, but Vietnam pursues protecting our sovereignty, firstly with peaceful measures, diplomatic measures, and even justice measures."- VIETNAMESE PRIME MINISTER NGUYEN

with Beijing and Tokyo sitting down to negotiate a common guideline for handling the conflict and preventing its escalation.

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Pakistan’s External Affairs

Weekly Analysis May 11 th 2017

Chinese and Japanese officials made a breakthrough to ease tension in November 2014, issuing a joint four-point outline to improve Beijing-Tokyo relations.

Economic Despite extensive trade ties, the parties to the dispute could respond to a rise in tensions by imposing economic sanctions. In response to a Chinese action, for instance, the United States could sanction financial transactions, the movement of some goods and services, and even travel between the two

countries. In retaliation, Beijing could bar U.S. exports and cut back on its extensive holdings of U.S. Treasuries. Claimants could also manipulate exports and

relaunch boycotts of goods. Signals of such a response have already been seen: in 2012 Chinese protesters launched a wave of boycotts of Japanese-made products. Japan also accused China of halting exports of rare earth minerals after a territorial spat in 2010a charge Beijing deniedcausing a commodities crisis for resource-dependent Japan. Military If confrontation were to involve Japan in the East China Sea or the Philippines in the South China Sea, the United States would be obligated to consider military action under defense treaties. Experts note that Washington's defense commitments to Tokyo are stronger than those to Manila. Under its treaty obligations, the United States would have to defend Japan in the case of an armed attack; the U.S.- Philippine treaty holds both nations accountable for mutual support in the event of an “armed attack in the Pacific Area on either of the Parties.” Military action would represent a last resort, and would depend on the scale and circumstances of the escalation. In the event of armed conflict breaking out between China and Japan, the United States could also use crisis communication mechanisms outlined in the U.S.-China Military Maritime Consultative Agreement (PDF) to

encourage a stand-down of forces and facilitate communication between Tokyo and Beijing. Verbal declarations that communicate the seriousness of the dispute and convey support

for an ally, as well as offers of military assistance, can also serve as essential “coercive de-escalation” measures during a crisis. US Concerns The United States, which maintains important interests in ensuring freedom of navigation and securing sea lines of communication, has expressed support for an agreement on a binding code of conduct and other confidence-building

"The South China Sea issue is not just about competing claims; it’s about peace and
"The South China Sea issue is not
just about competing claims; it’s
about peace and stability in the
region." ASEAN SECRETARY
GENERAL LE LUONG MINH

measures. The United States has a role in preventing military escalation resulting from the territorial dispute. However, Washington’s defense treaty with

Manila could draw the United States into a China-Philippines conflict over the substantial natural gas deposits in the disputed Reed Bank or the lucrative fishing grounds of the Scarborough Shoal. A dispute between China and Vietnam over territorial claims could also threaten the military and commercial interests of the United States. The failure of Chinese and Southeast Asian leaders to resolve the disputes by diplomatic means could undermine international laws governing maritime disputes and encourage destabilizing arms buildups. In the South China Sea, Washington has protested against Beijing’s extensive land reclamation efforts, warning that island development and a military buildup could lead to regional conflict. The U.S. military deployed surveillance aircraft over the Chinese-built artificial islands in 2015 and sent warships to sail within 12 nautical miles of disputed features in the Paracel and Spratly island chains to emphasize the importance of freedom of navigation in the contested waters. These operations, intended to challenge China’s maritime claims, are expected to expand in scope and have received support from U.S. regional allies. (Source: Council on Foreign Relations)

Pakistan’s External Affairs

Iran: a self-inflicted wound?

It is true that Iran has mostly been an outlier ever since the Ayatollahs took control of it. Internationally, it was easy to understand because an important American partner, the Shah, had been de-seated, instantly turning Iran from an ally to a sworn foe. America thus lost its most strategic location to control the Persian Gulf and to run its largest CIA station. In 1979, with the cold war at its height there hadn’t been a bigger loss to American interests ever. Since then, the Gulf has changed colours from being Persian to Arabian. Interesting? There was a regional conundrum too. Pakistan a declared ally of the Western block and Iran’s friendliest neighbour had to reorient almost equally instantly, the power of the 1970s geopolitics so dominantly overwhelming. Tied into Cento, which was the forebear of the current Centcom a more militaristic evolution and the RCD (Regional Cooperation Development) which weaved three major Asian allies of the

US Turkey, Iran and Pakistan meant that all structures needed an instant review. Such was the consequence of one singular event the 1979 Iranian Revolution. The Iran-Pakistan relationship hasn’t recovered much since that geopolitical cataclysm. With little liberty of action away from its dominant American leanings, Pakistan never found the space to reset its ties with Iran. Such has been Pakistan’s legacy of dependence on the US for both military and economic assistance through the years. Now that newer dynamics dictate American priorities in the region Pakistan may find its moment in pursuing an independent foreign policy, though it still remains beholden to a strong American influence. As such, things haven’t changed how they should have with Iran. There are two other underlying causes to this stand-off: old alliances have kept them locked in opposite camps even in the new world, and territorial linkages have imposed themselves in renewed interest in Iran on Balochistan. Once a combined territory, it had remained dormant while divided into its Pakistani and Iranian denominations – Iran’s being a sliver in comparison. But tenuous relations have rekindled a latent Iranian interest in furthering its territorial ambitions. Iran has tried hard to mask this latency but Pakistan remains wary of such intent. Pakistan’s inalienable linkages to its interest tied with keeping the Americans in good humour. Add to it the compulsions of international finance literally dictated by the US, and its strangulating sanctions against Iran and anyone else doing business with it, and Iran effectively became a pariah, once an ‘axis of evil’ state. Pakistan could not break beyond what the

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Weekly Analysis May 11 th 2017

world together had imposed as the governing regulation of Iran. But then what is good diplomacy? Getting to do what is in your interest while keeping all others in good humour. We have singularly failed on this one critical aspect. Diplomats must never become warriors and imbibe sentiments of the militaries. If diplomacy becomes the supporting arm for war unless it is essential to so act and loses its own brand of carving space towards additional pathways to mitigate adversity, nations generally fail to achieve their interests and end up being sucked into even more unsavoury consequences. Under ZAB Pakistan actively developed a support base in the Middle East. The Shah of Iran, secure under the American umbrella, had little cause for consternation. The Arab Middle East and Iran would all happily gather on the same table which the Americans chaired the Arabs yet to evolve into more muscled entities. The Islamic Summit in 1974, the OIC and then the Arab League with the crown jewel the GCC have evolved over the years to give a sense of identity to the Arabs and their criticality in international affairs. In 1979, such identity only found an even sharper delineation. The Gulf was polarised into its Persian and Arab ends. Choosing sides was at one’s peril. But choose we did. Pakistan has been indebted to Saudi Arabia for long now. SA has bailed Pakistan out when it ran out of money which was more than once. Our rulers have found abode and succour there when they were in trouble back home. More than half of the Pakistani Diaspora that is critical to sending money back in Forex happens to work and live in SA. Other Gulf countries, especially the UAE, are a second home to many, both workers and people of means who own properties there. Most of the informal Pakistani trade to Iran or India is routed via the UAE. Qatar and other GCC nations continue to be a favoured haunt for Pakistani labour. It was in this background that the Saudi request to provide it active support in their war against Yemen arrived as the first test to this fraternal relationship. Pakistani public opinion and its parliament went into an exceptional huddle to determine what constituted Pakistan’s prime interest. Having played to the tune of others for too long, Pakistan finally found the courage to say ‘no’. Except that it happened to be to its perpetual benefactor, Saudi Arabia. That cut our Arab

Protracted Afghan Refugee Situation:

Policy Options for Pakistan

Abstract

Pakistan provided shelter to one of the world’s largest protracted refugee populations ─ more than five million Afghan refugees have been living in Pakistan since 1979. Continued violence and political and economic turmoil in Afghanistan have discouraged refugees to return and resulted in the continued influx of Afghan refugees into Pakistan. Since 2002, 3.8 million (Afghans) have returned to Afghanistan but many returnees keep trickling back to Pakistan. 1 Over the years, Afghan refugees have become a serious concern for Pakistan and an irritant in Pakistan- Afghan relations due to declining donor assistance, domestic constraints, weak economy, refugee fatigue, and the growing threat of terrorism. Currently, there are three million registered and unregistered Afghan refugees, 2 however, the

allies off badly and they responded by overtly cosying up to India. This exceptionalism didn’t last long though. Very soon our leadership was travelling to SA more often and explaining itself than fighting our own wars in the country. Somewhere along the way, we agreed to make amends by making Gen (r) Raheel Sharif available to them to lead a 41-country Muslim military coalition against terror. Rewind a little. During the last days of Obama, the Americans attempted at pushing an Arab coalition to fight against Assad rather than committing their own boots there. The Saudis were tasked to elicit support and Turkey, Egypt and Pakistan in particular were approached to contribute forces. All three, politely and correctly, warded off direct involvement. That then gave cause to an indirect formulation of the 34-nation alliance initially that Pakistan was surprised to learn included it too. That act done, the ball has been difficult to roll back. This arrangement was tested the first thing after Raheel Sharif took over in Riyadh. The Houthis in Yemen have forayed into contiguous Saudi villages to which Raheel Sharif has had to respond with forces in the theatre. That pulled in Pakistan into Yemen; implicit but easily pinned. Also, Saudi-Iran relations have nosedived with bad rhetoric taking over on both sides. Pakistan finds its most famous general, and possibly some force, sucked into this virulent vortex of an unwanted war. I have said before that, while SA will drive policy to which the coalition under Raheel Sharif will respond, Pakistan will suffer the consequences in its neighbourhood. The game has only begun. All policy will have some con to it but smarter nations use diplomacy to cover vulnerabilities and mitigate adversity through aggressive engagement. We did neither, falling short on all counts. Nawaz Sharif will soon be in Riyadh to attend a US- Arab Summit which will stamp the American approval to the arrangement, always known to have been grandfathered by them. In the meanwhile General Baqeri of Iran has come out all guns blazing, reminding us brazenly that when you do others’ bidding you also carry their trash. Expedience has once again trumped common sense. Sadly. (By Shahzad Chaudhary: Published in the News International, May 12, 2017)

number of unregistered refugees is believed to be far greater since movement across the Pak-Afghan border has traditionally taken place under an unregulated and unmonitored system, thus making it close to impossible to give an accurate number of unregistered refugees. 3 As a result, Pakistan has been the most vulnerable country to mass movement, militants, trafficking of drugs and arms from Afghanistan. Although the UNHCR provides assistance for only one point five million registered refugees of the total three million, it is estimated that during the past 34 years, Pakistan has spent hundreds of billions of dollars on hosting Afghan refugees. Although, the UNHCR has doubled the assistance package from US$200 to US$400 per person for the registered Afghan refugee families opting to return to Afghanistan, 4 the refugees are reluctant to go back due to the poor state of affairs in Afghanistan. Hence the aim of this paper is to focus on the presence of Afghan refugees in Pakistan since 1979, their current status in the light of changing dynamics and suggest plausible options for the management and honourable repatriation of Afghan refugees. History of Afghan Refugees (1979- to present)

Afghanistan continues to face one of the world’s largest refugee crises and the largest protracted refugee situation under the UNHCR’s mandate. Afghan refugees represent the second– largest refugee group after the Syrians as it is estimated that one in four Afghans has been a refugee. Even after more than three decades of prolonged displacement, the Afghan refugee crisis

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Pakistan’s External Affairs

Weekly Analysis May 11 th 2017

continues to linger on. While Afghan refugees are present in more than 70 countries, 95 per cent are hosted by Pakistan and Iran. Continued strife and turmoil in Afghanistan has led to the continuous flow of individuals fleeing the country as well as internal displacement of the Afghan population.

The Afghan nationals moved to Pakistan prior to the Soviet invasion of Afghanistan in 1979. Traditionally, Afghans have migrated across the border for social issues or to meet their families, trade, in search of work, to escape poverty, drought and, more recently, conflict and war.

While thousands of Afghans fled to Pakistan after the Saur Revolution in 1978, the first documented large scale movement of Afghans into Pakistan began in the aftermath of the Soviet invasion in 1979. It is estimated that during the invasion, there were more than six million Afghan refugees. Although, a non-signatory to the Geneva Convention of Refugees, Pakistan welcomed the incoming refugees which at one point numbered five million, thus making Pakistan the second largest refugee hosting nation , hosting 21 per cent of the world’s refugees. In 1981, there were 1.5 million Afghan refugees but by 1986, this number had risen to around five million, with majority of the refugees based in Pakistan. Majority of the Afghan refugees that came to Pakistan were ethnic Pashtun but also included Tajiks, Uzbeks and Hazaras. Due to cultural, ethnic, linguistic and religious affinities, Afghan refugees easily integrated into the society and lived in relative peace. The movement of refugees in Pakistan was not restricted to the camps. They moved around freely throughout the country where they were allowed to work, acquire education, rent houses, and travel freely within Pakistan like other Pakistani citizens. It is worth mentioning that a major chunk of the refugee community in Pakistan became the foundation for the US-Saudi backed resistance against the Soviet in Afghanistan. With the passage of time some moved out of the camps into residential areas in all the major cities of Pakistan. Although, Pakistan’s law prohibits the hiring of unregistered foreigners, the authorities have always accommodated the Afghan refugees to work in the informal sector. In the formal sector, refugees officially need Pakistani partners and cannot hold immovable property or the requisite documents to own a business. However, more often than not, this has been ignored. For example in KP, refugees cannot officially own trucks according to law, yet, they dominate the entire transport sector in the province. During the course of the last three decades, the Afghan community spread to all corners of the country as Afghan communities have settled in Punjab, Sindh, Gilgit-Baltistan and Azad Jummu and Kashmir. Currently, 67 per cent of Afghans live in urban and rural areas, while 33 per cent live in 54 refugee villages throughout the country. After the Geneva Accord in 1988, which led to the withdrawal of the Soviet Union from Afghanistan in February 1989, it was hoped that refugees would repatriate. The then President of Afghanistan, Mohammad Najibullah Ahmadzai, appealed to the 5 million Afghan refugees residing in Pakistan and Iran to return. However, very few Afghan refugees returned as the bulk continued to stay in Pakistan and Iran respectively. After the victory of the mujahideen over Najibullah’s government in April 1992, Afghanistan witnessed the return of some 1.4 to 1.5 million refugees under the UNHCR assisted repatriation programme. However, continued political instability and turmoil as a result of the failure of the mujahideen to successfully establish a government led to the outflow of even more Afghans soon after. Subsequently, as a result of the ongoing fighting and take over by the Taliban regime in 1996, further displacement and migration

continued to take place. This led to the movement of an additional 700,000 refugees mostly to Pakistan and some to Iran. Additionally, due to the drought that hit Afghanistan in the year 2000, an estimated 172,000 refugees came to Pakistan. After the 2001 US invasion of Afghanistan and the subsequent ouster of the Taliban, repatriation began to take place. From 2002 to 2015, more than 3.8 million Afghan refugees returned to Afghanistan with UNHCR assistance under the formal bilateral agreement on Afghan refugees, the Tripartite Commission. Although Afghanistan saw the return of refugees, the deteriorating state of affairs in Afghanistan did not prevent masses from fleeing the country. For example, in 2011, an estimated 160, 000 Afghans fled to Pakistan. Hence, continued turmoil in Afghanistan has been the sole reason behind the continued influx of Afghan refugees into Pakistan. Afghan Refugees in Pakistan

Continued violence, political and economic turmoil and poverty have discouraged refugees from returning home. Consequently, it has resulted in a continuous influx of refugees into Pakistan. The number of unregistered refugees is believed to be far greater since movement across the Pak-Afghan border has traditionally taken place under an unregulated and unmonitored system, thus making it close to impossible to give an accurate number of unregistered refugees. As a result, Pakistan has been the most vulnerable country to mass movement, militants, trafficking of drugs and arms from Afghanistan. For majority of the Afghan refugees who fled from Afghanistan in 1979, Pakistan became their permanent home. While many have attained Pakistani citizenship through illegal means, others continued to live in Pakistan without facing any form of discrimination. Pakistan has second and third generation locally born Afghans who while on paper may be Afghans are Pakistani in spirit and conduct. According to 2014 statistics, more than 51 per cent of the total Afghan refugee population in Pakistan is under 18 years of age (with the majority born in Pakistan). Unlike in Iran, which restricted the movement of refugees to camps and prevented them from indulging in politics, registered and unregistered refugees in Pakistan have like all Pakistani nationals, been given access to education, health and the right to work. While many work as labourers, others have found odd jobs and set up small businesses. Yet others have established themselves within the country’s business community and working class, particularly in the transport, carpet and gem stone industry. For instance, the business of gemstones, which is primarily run by Afghan traders based in Peshawar, constitute a considerable part of Pakistan’s export to other countries and has earned US$27.562 million in terms of foreign exchange in the last five years. Similarly, Afghan refugees make up more than 70 per cent of the work force in the carpet weaving industry in Khyber Puktunkhwa which is renowned all over the world for its skilful art and has contributed significantly to Pakistan’s economy. As refugees and locals coexist, many of them have married locals

larger society. Majority of the refugees

that came to Pakistan were illiterate and had no finances at all. However, once settled they were able to find work and earn, even though at a subsistence level. Pakistan provided them with a higher quality of life than in Afghanistan. Even after more than three decades, the same holds true.

On the contrary, the Afghan refugees in Iran have had limited access to public facilities and have not been able to merge into the Iranian society so easily. While Afghan refugees were welcomed in Iran after the Soviet invasion, by 1990 Iran’s attitude underwent a significant change from “integration to repatriation and prevention of future flows due to continuing uncertainty in Afghanistan.” Over the years, Iran imposed several restrictions on the Afghan refugees in an attempt to compel repatriation. These include increasing the cost of living, decreasing financial assistance for healthcare, unemployment, limited access to free education, lawsprohibiting undocumented

and integrated into the

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Afghans, denial of citizenship and marriage rights, and impunity for attacks and violence perpetrated against them by private actors. Since 2002, Iran has begun to implement stringent measures restricting the movement of refugees and has declared “no go areas” for refugees. They were limited to border provinces, but they now exist in majority of Iran’s 31 provinces, the most recent being the Mazandaran province. 16 provinces have a complete ban on Afghans living there and 12 provinces have bans on particular areas and cities. Tehran, Alborz, and Qom are the only provinces that do not have residential restrictions on Afghans. Simultaneously, the number of work permits issued to Afghan refugees has drastically decreased and the cost for renewing permits has been substantially increased. This has made them more vulnerable to deportation. Time and again, the Iranian authorities have repeatedly associated unemployment, crime and drug problems in Iran to the presence of these refugees Over the years, Afghan refugees have become an issue of concern for Pakistan, too, due to domestic constraints, weak economy, refugee fatigue, declining donor assistance, increase in crime and the threat of terrorism. Hence Islamabad has begun to raise the issue of their honourable repatriation.

The security impact of the presence of refugees has also played an important role in altering Islamabad’s stance regarding refugees and hence the call for their repatriation. Afghanistan continues to be the largest producer of opium, producing about 92 per cent of the world’s opium crop. It is believed that militants groups fund their insurgencies through an ‘informal tax’ they collect when it is smuggled through Pakistan. There is no doubt that, among other reasons, the use of drugs in Pakistan is also an unfortunate consequence of the prolonged conflict in Afghanistan as well as the presence of the Afghan refugees. This is reflected in the fact that during the 1980s there were an estimated 50,000 drug users in Pakistan; this number rose to 8.1 million in

2011.

Registered and Unregistered Refugees The Afghan refugees have been living in Pakistan for more than 37 years without any form of legal identification since there has been no comprehensive registration. It was only in 2005 when a survey was conducted to determine the number of refugees residing in Pakistan. The task was laborious since many refugees had acquired fake national identity cards and others refused out of fear of deportation. In 2006, with the support of UNHCR, some 2.15 million Afghans were registered and Proof of Registration (PoR) cards were issued by National Database and Registration Authority (NADRA) recognizing them as Afghan citizens living in Pakistan who were entitled to live and work for three years until December 2009. These cards also allowed them to open bank accounts,

Pakistan’s External Affairs

obtain driving licenses and mobile SIM cards, which made life easier for the refugees. Additionally, Islamabad decided to close all refugee camps, starting from FATA, with the closure of a camp in South Waziristan in 2005. The decision to close the camps was taken while the repatriation process was ongoing which began in 2002 and had resulted in the repatriation of 2.4 million Afghans to return. Pakistan also announced the closure of refugee camps in KP and Balochistan to ensure security as it was believed that these camps provided a safe-haven to terrorists and criminals as well as illegal Afghan refugees. This process went on till 2007. The UNHCR supported Pakistan’s decision to close the camps because security issues were posing a challenge to the provision of humanitarian assistance as well as the fact that those who were against repatriation had the option of relocating to vacant camps in other parts of Pakistan. Hence, residents of the camps were given the choice of voluntary repatriation with UNHCR assistance of US$100 per person, or relocation to camps in Dir and Chitral. However, very few opted for relocation to these ‘government-designated’ camps due to their location, lack of basic infrastructure and the limited possibilities for livelihood. Meanwhile in 2009, due to the worsening state of affairs in Afghanistan and on the behest of the Afghan government registered refugees were given an additional 3 year extension, till December 2015.

In 2010, Pakistan also adopted the Afghan Management and Repatriation Strategy (AMRS) to find a durable solution for the protracted refugees’ population. In December 2012, due to the deteriorating state of affairs in Afghanistan as well as the continued challenges impeding the return of refugees, the stay of the refugees was extended until June 30, 2013 as an interim measure. In July 2013, a new policy on Afghan refugees was approved, which included the extension of the Proof of Registration (PoR) cards and the Tripartite Agreement on Voluntary Repatriation until December 31, 2015. In July 2013 Islamabad agreed to a new National Policy on Afghan Refugees, which was drafted in tandem with the Solutions Strategy for Afghan Refugees (SSAR), which focuses on voluntary repatriation in safety and dignity, sustainable reintegration inside Afghanistan, and assistance to refugee host communities. Since then the government has had to keep on extending the deadline ─ with the current deadline extended from March 2017 to December 2017.

Since 2001, Pakistan has been facing immense instability and violence primarily in FATA and Khyber-Pakhtunkhwa due to the US invasion of Afghanistan and the subsequent threat posed by the Tehreek-

12 proposals for electoral reform in Pakistan

The preamble of the Constitution of the Islamic Republic of Pakistan 1973 states “the State shall exercise its powers and authority through the chosen representatives of the people.” Yet, it was 66 years after independence, on May 11, 2013 that for the first time, the citizens of Pakistan went to the ballot

box to transfer power from one democratic government to another. The ECP recorded that 55% of Pakistan’s registered voters participated in the polling process on 11th May 2013 the highest number in recent history by some margin. Given the significance of the milestone and the hopes that it brought, it is perhaps no wonder that tales and controversies

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surrounding the elections have continued to dog the headlines one year on. The unfortunate aspect of this, however, is that while the

political rhetoric rages on, there has been little constructive debate. This is regrettable.

If we are to improve our electoral system, the narrative must

be directed towards drawing upon our previous experience and building for the future.

A large part of this responsibility falls upon the shoulders of

the Election Commission of Pakistan (ECP) and the Federal Government and it is their duty to take the lead and strive for improvement in this process. At the same time, the role of the Opposition is to ensure that the debate is focused on making specific improvements in the electoral system and to maintain the pressure on the Federal

Government and ECP implement them well ahead of the next general elections.

I assisted the former Chief Election Commissioner from July

2012 to July 2013. During this time, I acquired invaluable insight, information and experience into the workings of our electoral system and draw upon my experience in this study.

I will always defend the sanctity of the 2013 General Elections and fearlessly maintain that it was a momentous occasion for our country. That said, there are undoubtedly improvements that can be made. This requires gradual and conscientious steps. Improvements are required to be proposed, debated and tested before implementation.

1. Electoral rolls

debated and tested before implementation. 1. Electoral rolls Well in advance of the general elections in

Well in advance of the general elections in May 2013, the ECP published the Final Electoral Rolls 2013 (FER), which was, quite simply, a comprehensive list of all eligible voters in Pakistan and their place of voting. Section 6 of ERA provides that a resident can exercise his vote wherever he is a resident. Section 7 goes on to clarify that a voter will be deemed to be a resident wherever he ordinarily resides, owns immovable property and if he owns more than one property, he has the right to choose the electoral area from which he wants to vote. This proved to be hugely problematic, for it required the ECP

to physically verify that each and every voter was actually

residing in a certain area or that a voter owned a house elsewhere. The sheer magnitude of this exercise required the ECP to appoint employees of local governments to painstakingly verify whether a given person lived in a certain house or not. There was thus a critical human element to this entire process.

Certain parties alleged that the local government employees in Karachi that were appointed for this task were serving political interests and transferred unfavorable votes outside the city or within the city by forging or forcefully obtaining signatures. Due to this reason, Jamaat-e-Islami (JI) and Pakistan Tehreek-e-Insaf (PTI) filed a petition in the Supreme Court of Pakistan challenging the FER in Karachi on the ground that a number of residents had been illegally displaced in the FER to other localities within and outside the city, thereby disenfranchising them.

In November 2013, the Supreme Court directed the ECP to re- verify the FER for Karachi with the assistance of the armed forces. Karachi is a city of approximately 20 million residents and the order of the Supreme Court required the ECP to verify the FER by going door-to-door through the entire city. The only difference this time was that the ECP was to call upon the Pakistan Army to “provide assistance”, presumably in an effort to ensure that the exercise was done fairly and free of any mischief. Given that the prime responsibility of the Pakistan Army is to defend Pakistan from an external threat, it was entirely unreasonable to expect army personnel to accompany ECP staff and verify the residents of each household in Karachi. This predictable failing led to further protests by political parties in Karachi and a rejection of the FER for the second time. It needs to be remembered that Pakistan roughly has a population of 180 million the suggestion that the ECP should verify each and every household is nothing short of absurd. The solution to this is quite simple: voters should simply be registered in the FER at the present address which appears on their CNIC issued by NADRA. The advantage of this is primarily three-fold:

1. There is no possibility of transferring the voting place of a voter in the FER for political gain prior to the general elections

2. On the assumption that the CNIC actually reflect a person’s correct present address, voters are voting for a representative in their own constituency

3. A voter can always correct the present address in his CNIC through NADRA rather than a convoluted process through the ECP.

2. Separate polling days

Some of the lasting images of the 2013 general elections were those of endless queues in the scorching sun, teenage boys threatening voters outside polling stations and videos of human rigging machines mechanically stamping ballot papers. The ECP cannot defend these allegations. To date, election tribunals are hearing some of these electoral disputes and one expects that the results will be declared to be void wherever there is evidence of rigging. One week after 11th May 2013, the ECP had the opportunity to put things in right in NA-250 due to the earlier suspension of polling at 43 polling stations. Thus, foolproof measures were adopted to ensure that such events do not take place again. Presiding officers and polling staff were transported from Balochistan and Interior Sindh to ensure impartiality. Simultaneously, the Pakistan Army assured the presence of army officers inside the polling stations. These measures led to a hugely successful and peaceful by-election on 19th May 2013. Part of this was due to the presence of at least 30-40 armed personnel manning each polling station. The only reason this was possible was that polling was conducted in only 43 polling stations on 19th May 2013. Such deployment is downright impossible when elections are held in approximately 69,000 polling stations throughout the country. It will also be a logistical nightmare if an effort is made to transport polling staff from one province to another to ensure impartiality all across Pakistan. This is admittedly only anecdotal evidence to prove that a smaller election will always be fairer than a larger one. That said, logic dictates that if all of the ECP’s resources are

election will always be fairer than a larger one. That said, logi c dictates that if

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concentrated in one area at a given time rather than spread over the entire country, the likelihood of success is that much higher.

Thus, one plausible alternative is to conduct elections for each province separately. In 2014, India held its 16th general elections over a period of six weeks to vote for their Parliamentarians. The polling was done in nine phases. Whereas there were obviously a number

of disputes pertaining to some of these elections, the complete

and utter disregard for fairness that Pakistan suffered in some constituencies in 2013 was nowhere to be found. Needless to say, this proposal is not without its drawbacks. One major source of concern is that an earlier elected government in one province may use its clout to influence the elections in another.

It will also mean that our National Assembly will not be formed for a number of weeks until polling is conducted throughout the country.

It will also undoubtedly encourage horse-trading. All these

issues will inevitably cause some instability and uncertainty.

There are however ways and means to guard against such concerns. For instance, given that general elections in

Pakistan are now conducted under a Caretaker Government in the centre and in all the provinces, perhaps one possibility

is to give the Caretaker Government an extended term, right

until the last election results are announced. More importantly, from a practical point of view, controlling political parties and government officials is bound to be easier than an infinite number of criminals bent upon harassing voters, creating violence and jeopardising the sanctity of the electoral process.

3. Nomination and Scrutiny

of the electoral process. 3. Nomination and Scrutiny Prior to the 2013 general elections in Pakistan,

Prior to the 2013 general elections in Pakistan, there was a very public and widespread effort to ensure

the

that

elections bring a group of honest, hardworking and effective Parliamentarians to our Assemblies.

A portion of this can perhaps be attributed to Dr Tahir-ul-

Qadri, who had come from Canada to Pakistan in late 2012 to ostensibly spearhead a campaign for this purpose. Whatever the motive of Qadri and notwithstanding his limited success to stir an effective public movement, the need to elect honest politicians with clean track records became a national obsession following the media’s coverage of his campaign. The scrutiny of candidates is conducted by Returning Officers appointed by the ECP under Section 7 of ROPA. For the 2013 general elections, the ECP appointed sitting District Judges as Returning Officers throughout the country on the demand of the political parties. This was done in an attempt to ensure impartiality through the entire process. Under Section 14 of ROPA, Returning Officers may reject a nomination paper inter alia if “a candidate is not qualified to be elected as a member” or if a candidate makes a false statement in his nomination form. These provisions proved to be a Damocles sword in the scrutiny process leading up to the 2013 general elections in light of the qualifications for Parliamentarians listed in the Constitution.

Article 62 of the Constitution specifies the qualifications that a prospective Parliamentarian must meet before he can be elected to the National or Provincial Assemblies in Pakistan whereas Article 63 lists the disqualifications. In amongst this list are a number of vague, lofty and unenforceable qualifications that proved extremely problematic in 2013.

Article 62(1)(d) states that a candidate shall be “of good character and is not commonly known as one who violates Islamic Injunctions.”

Article 62(1)(e) of the Constitution provides that a candidate must be one who has “adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins.”

Article 62(1)(f) requires a candidate to be “sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law.” Shortly before the commencement of the scrutiny period in April 2013, the then Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, also weighed into the public’s demand for clean and honest politicians and reinforced the message to the Returning Officers to ensure that the scrutiny process is stringent and effective. It is arguable that this did not merely amount to a symbolic gesture, for the Returning Officers were subordinate Judges and the Chief Justice is very much their chief. Thrust into the limelight and emboldened by public sentiment, the District Judges in their capacity as Returning Officers turned the scrutiny period into a farce. Candidates were humiliated and ridiculed in front of live

cameras. Nomination papers of some of Pakistan’s most distinguished politicians were rejected. The Returning Officers asked some of the most absurd questions:

How many wives do you have, and how many nights do you spend with each of them?

Do you believe in honeymoon?

Have you been circumcised properly?

Have you stood in front of a girls college ever in your life?

Have you ever seen any censored movie?

Have you ever eaten pork? The scrutiny process and Returning Officers quite rightly received serious criticism due to their conduct. The Lahore High Court finally put things in place after a number of days of the scrutiny circus when it passed an order restraining the Returning Officers from embarking upon a subjective inquisition by asking random and intrusive questions. In doing so, the Lahore High Court stressed that “the real and unforgiving test of the candidate is yet to come, in the court of the people of Pakistan in the national elections and, therefore, the RO must not over step the law and exceed his limits, lest the scrutiny appears to be a witch-hunt, tarnishing the neutrality and independence of the judiciary…” This leads us to an important consideration. How effective is the scrutiny process and what is the purpose of the qualifications and disqualifications listed in Articles 62 and 63 of the Constitution? While it is difficult to argue against the requirement that only honest politicians should represent the people of Pakistan in our Assemblies, the subjective elements in Articles 62 and 63 of the Constitution inevitably lead to questions such as those raised by the Returning Officers leading up to the 2013 general elections. Ideally, Parliament should have a serious and meaningful debate in relation to the scope and utility of Articles 62 and 63 of the Constitution. After all, it is possible to argue that having qualifications and disqualifications for candidates is in itself anti-democratic, for the electorate should be able to vote for

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whosoever it pleases, whether he be a criminal, defaulter or dishonest. However, given the endless national obsession for new, clean and honest politicians, it is highly unlikely that anything of the sort will take place.

In these circumstances, it is a relief that the High Courts in

Pakistan have now laid down certain judicial principles so that Returning Officers do not repeat their conduct in 2013. However, to ensure certainty and clarity, at the very least, the ECP may consider enacting rules to specify how the scrutiny process should proceed under Section 14 of the ROPA, the powers and limitations of the Returning Officers in this process and the scope and use of Articles 62 and 63 when considering the nominations of candidates.

4. Overseas voting Shortly before the 2013 general elections, the Supreme Court was hearing two petitions filed a group of expatriate Pakistanis and PTI to implement voting for overseas Pakistanis ahead of the 2013 general elections. Ultimately, the Supreme Court disposed off the petitions

directing the ECP to make all possible efforts so the expatriates may also participate in the 2013 general election. This proposal could not however be implemented in 2013 due

to paucity of time. That said, there appears to be a general

consensus amongst the mainstream political parties that overseas Pakistanis should be allowed to vote in the general elections and therefore this issue deserves serious attention.

The 2013 general elections exposed the failures that can plague the sanctity of the poll if effective and foolproof safeguards are not in place. The risk increases manifold with the prospects of overseas voting. There are a number of basic questions:

of overseas voting. There are a number of basic questions:  How will the voting take

How will the voting take place?

Will the host country allow political activity?

What measures can be taken to guard against rigging?

A taste of the logistical issues begin to surface when one

considers the oft-touted option of establishing polling stations

in embassies abroad.

In such a case, all the election material will have to be securely transported to Pakistani missions across the world well in advance of polling day. This will inevitably entail costs and a substantial amount of risk. Polling stations will have to be staffed with Presiding Officers, polling staff and security personnel, who will have to be specifically trained for this purpose and then sent from Pakistan. Once polling is complete, all the ballot papers will have to be securely transported back to a centralised location for counting and verification. This will need to be done expeditiously so as not to jeopardise the election results in the rest of the country. Bear in mind that this entire exercise will have to be repeated for each polling station established around the world and there are close to 7 million Pakistanis who are residents abroad across several countries. Thus, multiple polling stations may even need to be established in some countries in which Pakistanis are residents in sizeable numbers. Then there is also the question as to what numbers of overseas Pakistanis are required in a given country to justify establishing a polling station as the ECP cannot be

reasonably expected to establish polling stations in each country where Pakistanis reside. In addition to these procedural issues, there is perhaps another fundamental question - should Pakistanis living abroad have the right to vote in a constituency in which they do not presently reside? It is arguable that overseas Pakistanis themselves form a separate constituency and should therefore have their own representation in the National Assembly to look after their interests. A special committee was constituted by the ECP to consider these very questions as far back as 2009. In 2011, the ECP arrived at the conclusion that the only viable way to give overseas Pakistanis a right to vote was through a postal ballot. Given the passing of the Supreme Court order mentioned above as well as the renewed interest on the subject, it appears reasonable that the ECP may give serious consideration to this issue once again. In this regard, one needs to be conscious of the fact that the ECP is entrusted to ensure free and fair elections under the Constitution and has the expertise to do so. Thus, it is only after the ECP is entirely confident that it has arrived at a fair and secure mechanism to implement this exercise that this proposal may move forward in Parliament for necessary debate and legislation.

5. Formation of the ECP Under the Constitution, the CEC may only be a person who is, or has been, a Judge of the Supreme Court or is, or has been, a Judge of a High Court and is qualified to be a Judge of the Supreme Court whereas the Members of the ECP must each be a retired High Court Judge from each province. When Justice (Retd.) Fakhruddin G. Ebrahim was appointed the CEC in July 2013, his appointment was met with widespread approval. In hindsight, this was indeed a momentous occasion. Political parties in Pakistan rarely agree on issues when faced with competing interests. Yet in this instance, the Pakistani Peoples Party (“PPP”) and the Pakistan Muslim League-Nawaz (PML-N) remarkably agreed on one person to oversee a process which was going to determine their political future for the next five years. Thus, Justice (Retd.) Fakhruddin G. Ebrahim had credibility across the political spectrum, which the CEC and indeed, the Members of the ECP, necessarily must possess. That said, there are a number of other attributes that are required from the CEC and Members of the ECP. It is important to appreciate that conducting the general elections is largely an administrative task. There are a plethora of tasks that need to be meticulously researched, planned, tested and implemented. Take for instance, the responsibility of establishing polling stations throughout the country to allow the electorate to conveniently cast their votes. The ECP is required to identify government buildings in each of the 272 constituencies in Pakistan. The government buildings have to be sufficiently large to accommodate voters, accessible, connected to the electricity grid, located in areas which are relatively free from political interference and be within two kilometres of its closest polling station. The 2013 general elections saw the ECP establish 69,801 polling stations. Thus, together with the Returning Officers, the ECP is required to examine the suitability of over 69,000 buildings across the length and breadth of the country. This exercise, like most others in the election process, requires a great amount of organisation, planning, experience and cooperation with government departments.

process, requires a great amount of organisation, planning, experience and cooperation with government departments.

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Admittedly, there are also judicial functions carried out by the CEC and Members of the ECP. However, the judicial role

is

undeniably limited.

It

is worth mentioning that the CEC and the Members of the

ECP do not adjudicate upon the two most significant judicial functions in the election process, i.e., deciding the fate of a candidate’s nomination papers and election disputes, which are performed by either Returning Officers, sitting High Court Judges or retired Judges under ROPA. In these circumstances, the qualification in the Constitution that the CEC and the Members of the ECP can only be selected from persons with a judicial background needs to be revisited. There is no such restriction in any democracy in the South Asian region. Removing such a qualification from Article 218 of the Constitution will immediately open a much larger pool of eminent persons, who may be selected in these key constitutional positions. Additionally and more importantly, such a change will allow

the possibility of appointing more qualified and suitable individuals to these positions notwithstanding whether they have a judicial background or not.

6. Electronic voting

Most people in Pakistan are fairly convinced that the only answer to prevent wide scale rigging on polling day is electronic voting. Indeed, the successful implementation of electronic voting may ultimately prove to

be the tipping point in our election process. However, this answer is far too simplistic. Before electronic voting becomes

a reality, there are a number of considerations that require

serious attention. Electronic Voting Machines (EVMs) are utilised for polling in India. This is a commendable feat given the sheer scale of elections in India. However, the implementation of EVMs in India has not been without its skeptics. In 2010, a group of professors, scientists, students and professionals across India, the United States of America and the Netherlands authored a study examining the security features of the EVMs used in India.

India had previously used EVMs that are classified as paperless direct-recording electronic (“DRE”) voting

machines. These DREs do not leave a paper trail and thus once a voter presses a button to vote for a candidate, there is no way to verify the vote except the reading on the EVM. After examining the features of the EVM, the authors of the study concluded that “India’s EVMs do not provide transparency, so voters and election officials have no reason

so voters and election officials have no reason to be confident that the mach ines are

to be confident that the machines are behaving honestly.”

These are some of the concerns raised by the experts at the ECP when the proposal to implement electronic voting has been debated. Two presentations were made to the ECP during the tenure of

the former CEC and quite apart from the paucity of time to implement the EVMs ahead of the 2013 general elections, there were several other issues that will need to be addressed

in the future.

Firstly, there is the often publicised issue of literacy and whether our electorate is capable of using EVMs. There is absolutely no question however that the ECP will have to conduct extensive training over many years to educate the electorate how to use an EVM.

The time and effort needed in this regard can be gauged from the fact that EVMs were first developed in India in the 1980s and adopted nationwide for the time first time in 2004. This is a long, drawn out process and will only succeed if done with a suitable amount of testing and training. Secondly, and another important issue raised by the ECP has been that of credibility and security. Manufacturers of EVMs are not responsible for conducting free and fair elections in Pakistan. They are companies who manufacture and supply EVMs for profit and the Government of Pakistan has no control over them. In India, EVMs are manufactured by two public sector companies. Perhaps, Pakistan needs to follow a similar example to ensure a level of accountability. This also leads us to the all-important question of security. Can the manufacturer and the ECP guarantee that the EVMs are completely secure? It is worth recalling that the ECP website was hacked in 2013 shortly before the general elections. Hundreds of thousands of EVMs across the country is an entirely different proposition altogether. Thirdly, there is the issue of the infrastructure of our polling stations. EVMs require an uninterrupted supply of electricity. Many of the 69,000 polling stations established by the ECP in 2013 were located in remote areas which have no access to electricity supply lines. Fourthly, Pakistanis may recall that the typical instance of rigging in the 2013 general elections was that a polling station was ransacked by criminals, voters and polling staff were threatened and ballot boxes were stuffed. If Pakistan is unable to effectively deter such criminal behaviour on polling day, the successful implementation of EVMs will make no difference in any case. There is unarguably a compelling case for introducing the use of EVMs in Pakistan. However, one needs to appreciate that there are also significant risks associated with such a drastic step if the proper measures are not in place. The ECP needs to make a serious, coherent and long-term strategy to work towards this tall order.

7. Election expenses Section 49 of ROPA places restrictions on the amount of expenses that a candidate may incur for his election campaign. A candidate for a National Assembly is only permitted to incur Rs1.5 million whereas the expense for a candidate for the Provincial Assembly is capped at Rs1 million. On the face of it, these appear fair, just and desirable provisions. One can certainly laud the Parliament’s intention to ensure that all candidates contest elections on a level playing field, regardless of their financial background. This is perhaps all the more important in Pakistan, where political and financial muscle has historically played a vital role on the outcome of elections. In reality however, the implementation of these provisions is much more complex. It is all well having well-meaning provisions in the statute books, but they should also be enforceable. The restriction wholly fails in this respect. Section 49 of ROPA provides that election expense incurred by any person on behalf of a candidate shall be deemed to be election expenditure of the candidate for any other item whatsoever. Thus, the ECP is legally required to monitor every expense incurred by any person in relation to the election campaign of each candidate.

legally required to monitor every expense incurred by any person in relation to the election campaign

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The mechanism for this specified in ROPA is that each successful candidate is required to submit a statement of expenses along with copies of all bills, receipts and his

personal affidavit 30 days after his election. After observing the futility of controlling elections expenses through this method however, the Supreme Court directed the ECP to monitor the election expense of each candidate as follows:

1. Establish monitoring cells

2. Hold weekly meeting with candidates

3. Conduct random inspections

4. Ensure that candidates only transact with entities

having valid National Tax Numbers (“NTNs”). The impracticality of the Supreme Court’s directions can be gauged from the fact that there were 15,629 contesting candidates in 2013 general elections spread across 272 constituencies, all the way from Badin in Sindh to Bannu in Khyber Pakhtunkhwa. It is completely unreasonable to expect the ECP to undertake these tasks for such a large number of candidates imminently before polling day. Moreover, the inability of the ECP to effectively carry out these directions inevitably leads to a slipshod exercise, where some candidates face the full wrath of the restrictions whereas others manage to escape it. Another relevant consideration, which was raised by the ECP staff prior to the 2013 general elections, was that candidates frequently conduct transactions with persons who do not possess NTNs. This makes it impossible to verify the accuracy of a certain election expense. The reason for this is not necessarily to deviously circumvent the restriction on election expenses. Some candidates are left with no option but to transact with unregistered businessmen in certain constituencies. Anyone living in Pakistan will appreciate that vendors, especially in remote localities, often conduct business outside the net of the tax authorities. Therefore, it is not always possible for candidates to find persons with NTNs to provide, say, tents, chairs or microphones, for an election rally. The ECP staff is then faced with the impossible option of whether to disallow a candidate to conduct an election rally, which is arguably a violation of his fundamental rights, or allow a candidate to incur an expense, which it cannot verify. The inability of the ECP to enforce these provisions leads to criticism of the ECP’s failure to perform its legal duties properly and unfairly casts doubts over its competence and integrity. It also makes a mockery of the legal restriction in ROPA. For example, media outlets informed the ECP that one month prior to polling day in the previous general elections, PTI had spent over Rs58 million, whereas PML-N and PPP had spent approximately Rs20 million and Rs5 million respectively on their electronic media campaigns. These concerns unfairly burden and inevitably damage the ECP’s reputation. Even though removing the restrictions on election expenses from ROPA may prove to be a largely unpopular move, Parliamentarians need to give attention to this issue. Even if the restrictions are to be preserved in the statute, the ECP should be given a clear, coherent and realistic mandate to perform and Parliament needs to establish a forum to continuously review the sums specified in Section 49(2) of ROPA so as to ensure that the law can be effectively implemented.

so as to ensure that the law can be effectively implemented. 8. Appointment and accountability of

8. Appointment and accountability of District Returning Officers and Returning Officers District Returning Officers (“DRO”) and Returning Officers (“RO”) became household names in the 2013 general elections in Pakistan. This is no coincidence and reflects the significance and variety of functions that such officers perform in the election process. DROs and ROs are inter alia responsible for identifying polling stations, appointing polling staff, supplying electoral rolls to the polling staff, scrutinising nomination papers, consolidating election results from each polling station and declaring the successful candidate. The only difference between the two officers is that while DROs are responsible for the conduct of elections in each district, ROs are responsible for their constituencies. It is therefore fair to say that DROs and ROs are the lynchpin of the election process in Pakistan. Given this central role, there was a great deal of discussion within the ECP and amongst political parties about who the DROs and ROs were to be in the lead up to the 2013 general elections. Section 7 of ROPA states that DROs and ROs are to be appointed by the ECP from “…amongst the officers of the Federal Government, Provincial Governments, corporations controlled by any such Government and local authorities.” Notwithstanding this legal requirement, in 2013 all political parties were in agreement that DROs and ROs should be drawn from the members of Judiciary to ensure impartiality. The experience in 2013 has shown that appointing DROs and ROs from the Judiciary does not guarantee fairness or strict application of the law. One additional aspect to examine is the influence that the superior Judiciary exercises over the DROs and ROs. If the ROs and DROs are Judges from the Subordinate Judiciary, it is in their personal interest to please their supervisors, who are High Court and Supreme Court Judges, rather than members of the ECP. This contradiction leads to uncertainty and questions over leadership. ROs in the United Kingdom and India are also appointed from Government and local authorities. However, Pakistan has a unique predicament in that employees of the Federal or Provincial Government in Pakistan are often political appointees or have political affiliations. This has been a constant source of trouble, which was highlighted in Karachi in the previous general elections. Shortly before the general elections, the JI raised grievances that a vast portion of the polling staff appointed in Karachi who were drawn from the Karachi Water and Sewerage Board, a government body, were affiliated with the Muttahida Qaumi Movement (MQM). The ECP directed all DROs and ROs to counter this difficulty by appointing as many polling staff as possible from the Federal Government and to ensure that all Presiding Officers were senior government officials. These complexities pose a serious challenge to the ECP. If DROs, ROs or polling staff are incapable or unwilling to perform their election duties free of any influence, the entire election process may be jeopardised. Indeed, this issue has been a central theme taken by political parties to discredit the 2013 election results in their entirety. One solution offered by political parties is that DROs and ROs should face criminal prosecution if they fail to conduct their responsibilities properly. The rationale behind this suggestion appears to be that the threat of a sanction will deter such officers from acting unlawfully. The obvious hurdle in this proposal however is that in the recent past, judges themselves have been appointed as DROs and ROs. It is absurd to even consider that a sitting Judge will ever face a

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criminal prosecution in relation to his election duties. Therefore, this proposal will only be enforceable if there is a specific bar from appointing Judges as DROs and ROs. Another important consideration is that there are only a maximum of 272 ROs and even fewer DROs required to be appointed for election duty throughout Pakistan. That is not a large number considering the adult population of the country. It is thus perhaps worthwhile to consider removing the restriction in ROPA that DROs and ROs can only be appointed from government departments. This will allow any person, whether working in the public or private sector, who satisfies a given criteria specified by the ECP in terms of experience, credibility and competence, to be appointed to perform these critical functions.

to be appointed to perform these critical functions. 9. Timelines The ECP, its partners in the

9. Timelines

The ECP, its partners in the election process and the judiciary come under immense pressure to complete a substantial number of tasks within a very stringent time frame ahead of polling day. Stakeholders fail to appreciate the lengths that these institutions have to go to in order to successfully complete these assignments and just how catastrophic failure in this respect can be. To begin with, the ECP is required to notify the election schedule within 30 days of the announcement of the date for polls by the President under Section 11 of ROPA. Thereafter, Section 11 of ROPA requires compliance with a timeline, which was translated as follows in 2013:

After the ECP notified its election schedule on 23rd March, the last date for filing nomination papers for the candidates was 30th March

The scrutiny process concluded on 6th April

Appeals against the decisions in the scrutiny process were required to be filed by 10th April

The appeals were to be decided by 17th April

The last date for withdrawals was 18th April

The final list of candidates was to be published by the ECP on 19th April A total of 24,094 nomination forms were filed by candidates for the 2013 general elections, which was the highest witnessed in Pakistan by some distance. That means on average the ECP, together with the ROs received and scrutinised 3,442 nomination forms each day during the scrutiny period. Thereafter, Pakistan’s overburdened and traditionally languid judicial system had to consider arguments, decide appeals and write judgments within seven days for each appeal filed against the decision of the ROs. There were a total of 1,649 appeals filed by candidates against the decisions of the ROs, and therefore, on average, the four High Courts in Pakistan had to cumulatively decide 235 appeals, and each High Court close to 60 appeals, each day. Given the sheer impracticality of meeting this disposal rate, it was no surprise that despite their best efforts, the High Courts were deciding appeals after the expiry of the deadline specified in Section 11 of ROPA. This further burdened the ECP to expedite the publication of the final list of candidates and printing of ballot papers. The ECP engaged two government organisations, the Printing Corporation of Pakistan (“PCP”) and the Pakistan Printing Press (Pakistan Press), to print the ballot papers for polling day.

The ECP published the final list of candidates on 19th April, 2013 and therefore, as the ECP also required a number of days to transport the ballot papers to all the polling stations across the country, the printing organisations had approximately two weeks to print all the ballot papers. At one stage, the PCP and Pakistan Press expressed their inability to complete this task and suggested that private contractors be engaged to assist them. Due to the security, sensitivity and confidentiality required for printing ballot papers, the ECP could not afford to take this risk and the only alternative was for the ECP to take the drastic step of changing the date for polling day. However, with the extensive assistance of the Pakistan Army, which used its aircraft to swiftly transport ballot papers to the more remote areas of the country, and with the PCP and Pakistan Press working overtime, these challenging deadlines were fortunately met. Placing such acute demands on the ECP and other institutions involved in the election process is unfair and unrealistic. The previous general elections saw an unprecedented number of candidates and the increasing interest may become a trend for the foreseeable future with further democratic progress. In such circumstances, the timelines in Section 11 of ROPA certainly require a reassessment. This is more so the case in the event that Parliament desires to retain and make the scrutiny process more effective.

10. Supplementary list on the FER In 2002, the government of General (Retd.) Pervez Musharraf passed the Conduct of General Elections Order 2002 (“the 2002 Order”), which stated that the elections for members of the National Assembly and the Provincial Assemblies shall be on the basis of a joint electorate. However, Section 7C of the 2002 Order provides that if an objection is taken against a voter that he is not a Muslim and the voter subsequently refuses to confirm that he believes in the “…absolute and unqualified finality of the Prophethood of Muhammad…”, his name will be deleted from the joint electoral rolls and be placed in a supplementary list. Thus, although a non-Muslim may vote from the joint electorate, his name may potentially be placed in a supplementary list in the FER. The FER does not specify the religion of any person. It only states the name, father’s name, CNIC number, age and the address of the voter. These details of each voter simply appear below one another, regardless of which religion a voter may belong to. Therefore, the only way of identifying whether a particular voter is a non-Muslim is by the name. In such an instance, the non-Muslim voter’s name can potentially be removed from the FER and placed in the supplementary voter list by following the procedure in Section 7C of the 2002 Order. This procedure requires:

1. A person to raise an objection that a voter is non- Muslim

2. The said voter’s refusal to sign a declaration confirming

his belief in the finality of Prophethood.` It is important to bear in mind that the ECP cannot remove a voter’s name from the FER and place it in the supplementary list on its own accord without the satisfaction of these requirements. Unfortunately however, the ECP did just that in 2007 and members of the Ahmadi community exclusively find themselves in a supplementary list in the FER. This clearly amounts to discrimination, for no other persons belonging to any other religious group are placed in the supplementary list.

to discrimination, for no other persons belonging to any other religious group are placed in the

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There is also a complaint in the Supreme Court pending in relation to this issue. However, to date the Supreme Court has not directed the ECP to place voters belonging to the Ahmadi community back in the FER along with other voters of different faiths. There is no complexity in relation to this issue. There is no need for legal amendments or Supreme Court judgments. The ECP merely needs to reverse its decision of 2007. This would not only reflect a step towards greater equality and respect for basic human rights, but is also mandated by law and the Constitution.

11. None-of-the-above (NOTA) option on the Ballot paper Many people consider that having a NOTA option on the ballot paper is a voter’s fundamental right. In Pakistan, where voters argue that they are often compelled to vote for the lesser of evils, this is perhaps particularly significant. The ECP considered whether to include a NOTA option in the ballot paper for the 2013 general elections. However, given the paucity of time to examine the issue at length and preoccupation with more pressing issues, little headway was made. The major concern raised against this step during the course of debate however was the possibility of having a majority number of NOTA votes. What if the electorate in a constituency voted overwhelmingly in favour of NOTA? The natural consequence of such a vote would be to conduct elections in that constituency again. However, there is always the possibility that another election may well bring a similar result once again. This problem will become even more acute if NOTA wins the election in a number of constituencies, in which case the ECP would have to conduct elections twice over in multiple places, making the entire original exercise redundant. Whether these are realistic concerns is something which needs to be assessed by the ECP. Whatever the outcome of that debate, it is undeniably consistent with democratic norms to provide for a NOTA option on the ballot paper. After all, elections should allow a voter to vote or not to vote for anyone. This will also defeat the arguments of citizens who refuse to cast votes on the ground that there is no viable option and also perhaps ultimately encourage candidates to serve the electorate better, knowing full well that voters now have the option to vote for NOTA. These considerations have led a number of countries to provide a NOTA option on the ballot paper, such as France, Spain and even Bangladesh. In 2013, the Supreme Court of India ordered the Election Commission of India (ECI) that it should make necessary provision for a NOTA option in the EVMs. It is interesting to note that only 1.1 per cent of the Indian electorate voted for NOTA in the 2014 general elections when the option was made available for the first time. The legalities surrounding this proposal require thoughtful consideration. Foremost, the stakeholders need to consider the extreme scenario - how to deal with an election result where most votes are cast in favour of NOTA. The Indian example is enlightening and perhaps exposes India’s failure to fully embrace the NOTA initiative. Although the NOTA option was provided in the EVMs for the 2014 Indian general elections, the ECI clarified that even if NOTA had the highest number of votes cast in its favour, the

NOTA had the highest number of votes cast in its favour, the candidate securing the highest

candidate securing the highest number of votes would still be declared elected. This renders the entire exercise superficial and essentially makes the NOTA option toothless. Perhaps this is a starting point. However, if the ECP and the Federal Government decide to adopt a more meaningful approach, the NOTA option will undoubtedly strengthen Pakistan’s democratic credentials in the long term and empower the electorate.

12. One constituency per candidate The 2013 general elections in Pakistan witnessed an unprecedented number of candidates. Additionally, several candidates filed their nomination forms in multiple constituencies. Consequently, the number of nomination forms which required scrutiny was exceptionally high. Whereas it is heartening to see increased participation in the election process, the right to simultaneously contest elections in different constituencies is a matter which requires debate. One of the recommendations in the Final Report of the European Union Election Observation Mission for Pakistan was that “Candidates be limited to running in only one constituency in any election, for clarity to voters and to remove the need for subsequent by-elections.” The ECP had to conduct by-elections in 41 constituencies only three months after the 2013 general elections due to the number of successful candidates who won elections in multiple constituencies. Not only does this place further demands on the ECP to organise and administer a fairly extensive election for the second time within a short time frame, but it also unnecessarily burdens the public exchequer. It is noteworthy that the ECP’s proposed budget for the 2013 general elections was approximately Rs6 billion for all 272 constituencies; it is thus safe to assume that the repeated exercise for 41 constituencies would have also entailed substantial expenses. In so far as the ECP is concerned, it requires training and appointing polling staff, securing polling stations, receiving and scrutinising nominations forms, printing and transporting ballot papers and adopting security measures in coordination with government departments to ensure a free and fair election all over again. The second concern in this respect is that if by-elections are required in a large number of constituencies and the result of the general elections does not allow for a clear majority in the assemblies, by-elections for vacated seats will delay the formation of a government and prolong political uncertainty. This will also extend the electoral cycle by a number of months, which will inevitably cause inconvenience and disturbance to the general public due to a tense political climate. Third, when candidates file nomination forms in different constituencies, it can potentially lead to contradictory decisions by the ROs or the High Courts. Take for example the case of General (Retd.) Pervez Musharraf in the 2013 general elections; he filed nomination papers in four constituencies, Karachi (NA-250), Islamabad (NA-48), Chitral (NA-32) and Kasur (NA-139) and whereas the ROs in Karachi, Islamabad and Kasur rejected his nomination form on the ground that he did not meet the qualifications under Article 62 of the Constitution, the RO in Chitral accepted his nomination. This rather peculiar contradiction meant that while General (Retd.) Musharraf was qualified to contest elections in one part

rather peculiar contradiction meant that while General (Retd.) Musharraf was qualified to contest elections in one

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of Pakistan, he had been disqualified to contest elections in others. This practice will encourage candidates to pick and choose constituencies from where to contest elections depending on whether they expect a favorable outcome from a particular RO. Fourth, it is also arguable that a candidate will serve the electorate better if he is restricted to only contest elections in one constituency for there will be a sense of commitment and loyalty. Against this, there is the obvious argument that curtailing a candidate’s right to contest elections to a single constituency

is a violation of his fundamental right to engage in political

activity. Politicians may well challenge any such restriction given that it has the potential of seriously affecting their political

prospects. This is a moot point for now. If and when Parliament decides to take the step by placing a restriction in ROPA that a candidate may only file nomination papers in one constituency, it will be for Pakistan’s Judiciary to decide the legality of such measures. (By FURKAN ALI: Published in the Dawn) The writer is a lawyer at Ebrahim Hosain. He was an advisor to Justice (retd.) Fakhruddin G Ebrahim during his tenure as CEC from July 2012 to July 2013.

Some electoral reforms

THE Parliamentary Committee on Electoral Reforms (PCER) deserves credit for finalising its proposals for reform of the election system before next year’s polls. One part of PCER’s proposals, relating to appointment of the chief election commissioner and members of the Election Commission, has taken the form of the 22nd Amendment to the Constitution that the National Assembly has already adopted. The amendment has received favourable comments for making besides judges former civil servants and experts eligible for appointment as chief election commissioner and ECP members. The more important improvements suggested in the election system include greater financial and administrative powers for the ECP, provision of voting by overseas Pakistanis, better system for publication of results data, opening of district returning officers’ posts for ECP staff, greater use of Nadra data for preparation and revision of electoral rolls and delimitation of constituencies, grant of more time for making representation to the ECP and filing of objections/ complaints, regulation of local government elections, and special measures to secure women’s voting rights. The unwelcome proposals include grant of rule- making power to the government, which hits the principle of the ECP’s independence from the executive. That the PCER recommendations still need a critical appraisal can be gauged from the measures proposed to secure women’s due participation in elections. The Election Commission has been empowered to declare “polling at one or more polling stations, or election in the whole constituency, void”, “if the turnout of women voters is less than 10pc of the total votes polled in a constituency”. The ECP will act in the matter after presuming “that the women voters have been restrained through an

agreement from casting their votes.”

A laudable provision obliges the ECP to take note in annual

reports of the difference in the number of registered men and women voters in each National Assembly constituency, and take special measures to reduce the gap.

It would have served the cause of democracy better if the

proposed law had included some steps to promote proper registration of voters belonging to the minorities and ensuring their maximum possible turnout. Quite a few issues that the PCER was expected to resolve have been left unaddressed. These include the eligibility/ disqualification criteria inserted in the Constitution (Articles 62 and 63) by Gen Ziaul Haq that are incompatible with democratic principles, and the reservation of the electoral field only for the very rich. The fault lies perhaps in assuming that everybody who does cast his/ her ballot is capable of making a free choice, whereas a great number of people bonded workers, tenants,

rural have-nots, poor men and women belonging to minorities

cannot afford to make independent decisions. Thus, free and democratically acceptable elections demand demolition of feudal, caste and social stratification of society. Till such changes take place there is a strong case for reserving seats for peasants and labour in the Senate as they have a better claim

to this privilege than ulema and technocrats.

The main problem with the present exercise seems to be the misplaced belief that parliamentarians securing seats through an elite-friendly system can resist the pulls of status quo. The

present set of proposals is welcome, but for mapping out a genuinely democratic election system it may be necessary to create a new commission comprising besides politicians and parliamentarians jurists, academics, and civil society representatives. (By I.A. REHMAN: Published in the Dawn January)

(By I.A. REHMAN: Published in the Dawn January) Civil-Military Relations: Pakistan and Indian in Comparison

Civil-Military Relations: Pakistan and Indian in Comparison

Plot twists, accusations and 25,000 pages of evidence a snapshot of the case that resulted in the formation of a JIT

Abstract Having drawn the inheritance of colonialism, both Pakistan and India have adopted very different course of Civil Military

relations. The research attempts to analyze the developmental pattern of Civil Military relations of both countries through examination of inter connected roles of both military and

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political class. Despite their similarities at the time of partition, these two militaries and civilian institutions took completely different political trajectories. The argument is tested with paired-comparison case studies of Indian and Pakistani Civil-Military relations since independence. Both cases reveal how structures of domestic politics interact with military threat perceptions in order to explain civilians’ ability to maintain varying levels of control over the military. This present work is net assessment of Civil Military relations and influencing events and occurrences in both countries. Introduction The threat of military intervention in the political life of a country has been a recurring feature in history. From ancient Greece to the end of the twentieth century, military coup or threat of intervention has been regular phenomenon against a constituted government. And military was deemed as a legitimate pressure group, capable of playing a positive role in the socio-political transformation of the newly created peripheral states (Janowitz, 1964).In developing countries particularly those with colonial history, military grew the knack of intervention in internal politics being the savior of the country. Finer (1988.p.2) recollected that out of 28 countries created between 1917 and 1955, thirteen countries suffered military coups and the pattern military intervention became the norm in the developing countries. Moreover, according to Koonings and Kruijt (2002, p.10) “national values derived from prevailing religious or ideological paradigms (Christianity, Islam, nationalism, socialism) are invoked to lend ‘higher support’ to the intervention”. After World War II, decolonization and national independence movements witnessed an increase in the role of the military in the Developing World. More specifically, the military was generally the strongest institution in a new state due to the former colonial powers’ monetary and training assistance. According to Koonings and Kruijt (2002), amidst the conduct of national affairs, military often considers intervention in situation of crisis: failure of governance or legitimacy of the political regime, severe socio-economic problems, internal conflicts or violent upheavals. Civil-military relations can be understood more broadly as the connection pattern between the Armed Forces of a state as an institution, the government, and other sectors of society which has relevance. Immediately after partition, both India and Pakistan faced the security dilemma and monumental tasks of internal state building and shared organizational culture from the same colonial army. Both emerged as poor multiethnic societies in the wake of a shared experience, but Civil-Military relations of the two countries took altogether different paths within a single decade after the 1947 partition. Since Independence, Pakistan’s military held control of power for over 30 years (58 to 71, 1977 to 1988 and 1999 to 2008) even while not in power it largely dominated the various strategic decision making bodies. Pakistan’s military intervention in domestic politics can be attributed to factors like the fragility of political base and constant infighting for power, external and internal threats spectrum and military’s obsession for power. On the contrary, Indian Army remained subservient to strong civilian control. Robust Indian institutional framework had always resisted the Army’s intrusion in Politics by keeping a firm bureaucratic and political oversight over military affairs. It largely remained stable with intermittent period of bitterness, rancor and even antipathy particularly in the episodes of 1962 India China war, Indira Gandhi and Rajiv Gandhi regimes. Moreover, despite multiple protracted insurgencies, India civilian supremacy has not faltered. Therefore, need arises for systematic analysis of both the casesto determine the various causes and contributing factors by drawing comparisons as

well as ascertaining the theoretical foundation of such institutional behavior pattern. Theoretical Perspective In elaborating Civil Military relations, it is very important how military mindset perceives the human nature and power phenomena. The military mindset underscores that man is weak, evil, and irrational and human nature has inherent greed and power hungry attitude. Donnelly (2000) argues that for realists, power is the variable which is understood in the realm of military prowess, signifying the power can only be preserved and enhanced through military means. Military culture emboldens the perceptions of power maximization. It considers power as source of continuous wrangling amongst states through military engagements and focusing on either security maximization or power maximization(Huntington (2005). Military mind advocates the establishment of strong military either to protect itself from the threat of external powers by maintaining a balance of power or by preemptive use of force against an enemy who is already inclined to attack the former due to the insecure international environment. It renders importance to society over individual, and gives preference to order, hierarchy. It also opines that war is the instrument of political goals, and military is subservient to civilian control as long as national integrity and core values are not threatened and that institutionalized civilian control is essential for military professionalism. Regarding the recurring coups in countries, Finer’s (1976) highlighted the attention to the fact that military Coups were taking place in those countries which were neither liberal democracies nor communists, but were autocracies and oligarchies. In addition, Huntington (1962) underscores that soldiers could become the agents of social, political and economic change in countries where resources are scarce, there is no strong middle class and entrepreneurial skills. Military is conceived as modernizing force in those countries which are deficient in a strong middle class. These explanations carry relevance to Pakistan’s case, as Pakistan has failed to develop into a modern democracy with strong middle class. Alongside, radicalism, extremism and terrorism undermined Pakistan’s chances of becoming a credible moderate Muslim state. Huntington (2005) describes few different types and pattern of civil military relations. Anti-Military Ideology, Low Military Political Power and High Military Professionalism are the categories in which the ideologies of society are so intensely pursued that it becomes impossible for military to intervene. Such structures are found in modern totalitarian regimes or even democratic regimes like India which has strong civilian appeal and less military political role with fairly good professional background. In this category also fall the society which suffer few external threats. Another category is Pro Military Ideology, High Military Political Power and High Military Professional; it occurs in societies with continuous security threats and ideology sympathetic to military values may permit a high level of military political power and yet still maintain military Professionalism. Pakistan Army can fall in this category because of High external threat from India, sympathetic public opinion and being the guardian of Pakistan geographical and ideological frontiers. The concept of “Garrison State” was coined by Lasswell (1976)and he expounded that technological changes within the military alter the relationship between the military and civilian institutions. Thus establishing the supremacy of military over state and society. The garrison states concept links up with historical roots of Pakistani and India pre-colonial and colonial states. According to Ahmed (2013, p.12), garrison outposts and towns are continued to be found in Pakistan and India, with the aim to keep the centrifugal tendencies in the outlying provinces and regions in check in particularly to curb secessionism. However, after partition Pakistan was inadvertently

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transformed into “National Security State” (NSS)due to extreme external threat. This is identical concept like garrison state, where military is the paramount institution and has the ability to influence all other institutions. Pakistan has been deemed as NSS in the historical context. The three key characteristics that define the NSS; the military institution is controlling the political landscape of the country, its objectives are to transform the country economic and political systems and to remain fully cognizant for external threat perception. Under the tenure of Indira Gandhi, India was branded as NSS because of her aggressive posture and often use of military to pose threat to the neighbors and even using highly kinetic approach towards dealing with the insurgencies in India. Even Indian Prime Minister Modi’s present government has molded into NSS paradigm to some extent. In the same vein, General Karamat ( Report:

Roundtable 2012) defined “NSS as a state with inordinate resource allocation towards defense at the cost of social welfare, and that India was gradually moving away from being a NSS on that account into social democratic state”. Whereas, Pakistan has retained the NSS status due to many compulsive variable with external and internal dimensions. NelsonPallmeyer (1993, pp.35-40)identified seven characteristics of NSS as following:-

1. The military is the highest authority. It claims the

role of the guardian of national interest and extends its

influence over political, economic, and military affairs.

2. A NSS views democracy with suspicion. Even if a

façade of democracy is maintained formally, real powers

reside with the military.

3. The military wields substantial political and

economic power.

4. Such a state is obsessed with enemies, both external

as well as internal.

5. Enemies are described as cunning and ruthless.

Therefore, all means to crush them are considered legitimate.

6. The NSS restricts public debate and limits popular

participation through secrecy or intimidation.

7. It expects the church to mobilize its financial,

ideological, and theological resources to support the NSS. Pakistan’s Civil Military Dynamics and Intervention, 1947–

99

Political Institutional Culture The institutional legacy had a profound effect on post- partition politics. Ziring(1997, p.146) argues that failure of the Muslim League to evolve itself from a freedom movement to a progressive political party caused the upheaval which damaged the novice political culture. After the demise of Jinnah and assassination of Liaquat Ali Khan there was no leadership which could steer the country out of political woes. Most of the other leaders belonged to areas which became part of the Indian Union and had no political base in Pakistan. Moreover, for these leaders, Jinnah had remarked that “he had false coins in his pocket” (Khan, 2001). Their incompetence and constant wrangling for power, instead of cooperation and mutual accommodation, led to ceaseless infighting. After partition, Pakistan’s administrative set up was in shambles; there was no established parliament, no civil secretariat, no supreme court, and no central bank. Armed forces were also not organized. Pakistan took nine years to finalize its first constitution in 1956, whereas India framed their constitution within two years of independence in 1949. The delay in framing the constitution allowed the Governor-General to continue his authoritarian rule for seven long years (1947-56).From 1947 till 1958 Pakistan had seven prime ministers and eight cabinets. In 1954, there were nine members of the Prime Minister’s cabinet, who did not have a seat in the Parliament, including Chief of the Army Staff (COAS) General

Muhammad Ayub Khan.1 In addition, the first general elections in the country, which were due in 1951, were held after a lapse of almost quarter of a century in 1970 (Shafqat, 1997). In 1970s, under Bhutto’s regime, several measures were used to ensure civilian supremacy; first, the chiefs of the three services were put under the direct control of the Prime Minister. Second, their tenure was reduced from four to three years. Third, Bhutto diluted the individual autonomy of each service, a permanent post of Chairman of the Joint Chiefs of Staff Committee (JCSC) for matters of planning, coordination and review between the three services was established (Siddiqa, 2003).However, Bhutto’s failure to respect democratic norms undermined his legitimacy and gave the army the opportunity to seize power again in 1977(ICG, 2007). In continuation of the same norm, Nawaz Sharif’s second civilian administration could not maintain a balance institutional framework of Civil Military relations. He removed a president, a chief justice and (COAS) General Jehangir Karamat(Asia Analysis, 1998)and seemed to indicate this and marked a significant power shift within civil-military relations in Pakistan. His later showdown with COAS General Musharraf cost him the government and ensued a massive political upheaval. External Threat The threat which Pakistan faced from India also generated weak and often-nonexistent civilian control, while on the contrary, the extensive use of Indian forces in internal missions didn’t undermined civilian control at all. Pakistan Civil Military relations have mostly been shaped through the prism of Indian hostility and indeed it is single largest determining factor. The difference of opinion regarding the magnitude of threat from India brought the civilian and military leaders at daggers drawn. Sattar (2001) argues that, “Pakistan was born with an insecurity syndrome”. Moreover, India is not the only threat Pakistan has faced. The Soviet Union’s invasion of Afghanistan and its collapse into civil war had both posed tremendous challenges for Pakistan. These complex circumstances highlight the turbulent international security environment within which Pakistan has been situated. Because of these intricacies of international systems in South Asia, Pakistan had to perform the role of “Garrison State” and NSS; thereby, drawing the larger role of military in the decision making process of the state. Military’s Political Disposition From the very beginning the Pakistan Army remained involved in civil administration. In 1947, it was the Army which was asked to establish civil secretariat in Karachi. They vacated their barracks, renovated these to house the secretariat and the staff which was coming from Delhi. In 1951, Rawalpindi conspiracy case surfaced on the national limelight, in which, around 53 officers and some civilians with leftist orientation were accused of staging a coup to overthrow the civilian regime (Siddiqa, 2006, p.134). This was the first breach of discipline in Civil Military relations. Moreover, a clash between the leadership of the Punjab and the central government led to the imposition of Martial Law in Lahore in 1953. Another, detrimental step which paved the way for the loss of civilian control in state control, was the induction of Army Chief Ayub Khan into the federal cabinet. Although, General Ayub khan voluntarily relinquished his political role by leaving the cabinet in 1955 but remained powerful. In the same vein, military’s obsession for power grew after General Ayub was appointed the Chief Martial Law Administrator (CMLA), and later became the President. Thereafter, Ayub regime was challenged by Zulfiiqar Ali Bhutto. The ensuing protests undermined the legitimacy of the military regime and enhanced the appeal of an alternative civilian rule. In the wake of secession of Bangladesh, Pakistan army stepped aside to make way for an elected government run by Zulfiqar Ali Bhutto’s Pakistan People’s Party (PPP) (Steven, 2000).In highly demoralized state, military had to endure the autocratic style of

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Bhutto with continuous interference. General Gul Hassan was forced to resign after Hamood ur Rehman commission report as he was the Director General Operations of the military debacle in East Pakistan. Another protracted phase of military dictatorship came with Zia regime. He ousted the populist Zulfiqar Ali Bhutto after mass mobilizing protests were held by secular and religious parties against Bhutto on electoral fraud. Zia enforced a process of constitutional engineering which started with the suspension of the 1973 constitution and introduction of8th amendment. In 1987 again rift was created by General Zia and his handpicked Prime Minister Mohammad Khan Junejo. There was also difference of opinions regarding foreign policy related to Afghanistan. Resultantly, Zia sacked the Junejo government with the help of infamous and controversial 8th amendment (Siddiqa, 2006).When General Zia-ul-Haq was killed in a mysterious plane crash in 1988, the military then handed power back to civilians, fully cognizant of the growing resentment of military rule on the streets. However, military disposition for political interference was not subsided .COAS General Mirza Aslam Beg and General Durrani showered loads of money rented out from Mehran Bank on politicians of various parties to keep the Pakistan People’s Party off the political scene (Dawn, 2012). Civil-Military Bureaucracy The military rode into preeminence on the shoulder of the civilian bureaucracy. The first military coup in 1958 was the result to political alignment between the civil and military bureaucracy. Pakistan’s all heads of state from1951-58 came from the civil bureaucracy. For instance, a civilian bureaucrat Governor-General of Pakistan, Ghulam Muhammad (1951-55), dissolved the National Assembly in 1954 and the Federal Court justified and validated his unconstitutional act on the basis of the “Law of Necessity” (McGrath, 1997). Another President of Pakistan from the civil bureaucracy, Iskander Mirza (1956-1958), relied on the military to ensure the state’s integrity when the PML President, Qayyum Khan, threatened direct action and the Khan of Kalat declared his secession from Pakistan. Therefore, the situation was deemed conducive in for imposition of 1958 Martial Law (Ahmed, 2013). Civil bureaucrat turned politician Ghulam Mohamamd, the Governor General formally invited General Ayub to take over the government, replacing Prime Minister Bogra which Ayub declined. However, the civilian government decision to grand extension to General Ayub as Army Chief in 1954, weakened the institutions and political regimes (Siddiqa, 2006,p. 70). To ensure Gen Ayub allegiance, Sikanadar Mirza again gave him extension as Army Chief in 1958. This personal concession proved to be very costly to the civilian leadership. The military declined to be treated as a player with lesser stakes in power politics and refused to accept the superordinate and subordinate behaviour between the Army and bureaucracy (Ahmed, 2013).It is ironical that in the two wars of 1967 and 1971, civilian and military rifts were observed. Ayub Khan asserted that he headed to the ill advices and false claims of Bhutto, India would never broaden and stretch the theater of war to international borders. He also alleged that Bhutto assured him of full international diplomatic support and military assistance by various countries (Ahmed 2013). Later on, In 1990s bureaucrats-cum Politicians presidents, Ishaq Khan and his successor President Farooq Leghari overthrew the governments of Benazir and Nawaz Sharif, with the tacit approval of military. This highlights the importance of Bureaucracy in shaping the Civil Military relations.

Military Intervention and Civil Military Melieu-1999 Till 2015 In the wake of Nawaz Sharif continuous infringement with other state institutions, Musharraf’s unfortunate intervention was an expected outcome. Musharraf and the Army were comfortable with the idea of intervention. Musharraf brought the basic democracy concept again, emancipated the media from state control and other economic initiatives. However, Musharraf’s hold on power became increasingly tenuous during 2007 because its legitimacy amongst key social constituencies has palpably diminished in the wake of controversial referendums, rigging and interference in the judiciary. Post-Musharraf Current Civil-Military relations are characterized, as a mixed model where in certain areas the military has a free hand, in others there is a shared decision- making and in some areas the civilian government has been free to make decisions about a number of domestic issues that do not impinge upon the interests of the military (Siegfried, Wolf; 2013). Moreover, there is a wide prevalent perception that Pakistan Army internal corporate culture is benefitting the top hierarchy of Army. However. Imran (2015) cites Gen. Neol Khokhar that military businesses support the families of poor soldiers and particularly the Shuhada’s families. Military backed corporations accommodate soldiers who retire at young age at the same time it provides jobs to deserving civilians. He claimed that all these businesses pay maximum taxes among other business organizations of Pakistan and follow rules of the land. After the Musharraf era, with the resumption of democratic rule in 2008, there have been several low-intensity disputes between the civilian government and the military ex-Army Chief General Kayani, over the Kerry-Lugar Bill, the ISI’s role, ‘Memo gate’, and former president Pervaiz Musharraf’s trial. Bannerji (2013) argues that Military top brass is aware that if Army let Musharraf be tried and punished, a dangerous precedent will be set. Presently, Nawaz Sharif abdication of civilian authority in national security matters may prove to be fatal for nourishment of democracy. It is becoming clear that the Military is becoming more assertive due to the growing internal and external challenges in addition to the sympathetic civilian population view (Khosa, 2014). According to Pakistan Institute of Legislative Development and Transparency (2015), growing International Role of the General Raheel Sharif following his high profile visits to the United States in November 2014 and to the United Kingdom and China in January 2015, the international role of the Army Chief continued to grow as he undertook a visit to Afghanistan. The credibility of Military has redeemed as General Sharif launched Operation Zarb-e-Azb to reclaim the state’s writ over vast swathes of territory lost to the Tehreek-e-Talibane- Pakistan (TTP), without any discrimination between good and bad Taliban (Sharif, 2014), and extended the anti-terror operation to Karachi. It was only in January 2013 that Pakistani military had a paradigm shift in its doctrine, which recognized internal insurgency as the bigger national security threat than India (Mir, 2013) and by June 2014 it was termed as a ‘War of Survival’ by the Army. India’s Military-Civil Nexus, 1947 till To Date Military Predilections According to Chibber (1989, p.89), the Indian Army didn’t take part in the freedom movement deliberately and only the political cadre ran the political movement for freedom, therefore, the Army remained unaffected by the influences of race and political affiliations. Though, India was born in war with Pakistan, it’s vastly larger size and less strategically vulnerable position led to much lower perceived external threat until 1962. If anything, the major threat came from tribal insurgencies in the Indian northeast, where the military responded with repression(Cline,

2006).

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Weekly Analysis May 11

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Bimaya, (1997,p.68) argues that when military coup became a common place in the third world countries, the politicians’ suspicions about the military were sagaciously fueled by the intelligence chief Bhola Nath Mullick. Consequently, the status and influence of Army was belittled and its legitimacy was put under doubt by civilian government. In another instance, General Cariappa persuaded Nehru not to re-admit to the armed services all the officers and men who had defected to the Indian Army which was what many nationalists wanted (Bimaya, 1997). Even the most senior Army, Navy and Air force officers found themselves ranking below from their civilian counterparts of cabinet secretariat, and the various state bureaucracies. The service chiefs, and other senior Indian officers, were supposed to interact with the politicians on rare cases only through the Defense Ministry, which was headed by a civilians. Between 1958 and 1962, Lieutenant General B.M Kaul, with political ambitions, appeared on the political limelight. He had direct contact with Nehru and was also considered the favourite of Defense minister Krishna Memon. Kaul was promoted against the advice of then Chief of Staff Gen K.S Thimaya. Many ambitious officers jumped into Kaul bandwagon. However, Kaul incompetence was observed in Sino Indian war. Later on, although Nehru defended both Krishna Memon and Kaul but both had to resign because of Indian strong institutional framework. Another case is Lieutenant General S, K Sinha, who was superseded to make way for General Vaidya, who had vivid political ambitions. General Vaidya while commanding Eastern Division, criticized the non-Congress governments in Eastern regions by getting attention of Indira Gandhi. Though, he transgressed the integral boundaries between Political and Military spheres but was promoted by Indira Gandhi. However, grave resentment was displayed by many quarters over Indira’s decision, alongside it received silent disapproval of the large number of officer corps. Later on, 1970s, during the Declaration of Emergency, Prime Minister Indira Gandhi asked Chief of army staff Gen Sam Manekshaw (later Field Marshal) whether or not he was plotting a military coup. Manekshaw’s reply to Mrs. Gandhi’s question was along the lines of “You are too pretty to coup against. I won’t (take over). You let me do my job and I will let you do yours”(Malik, 2014). In another instance, Gen Manekshaw refused Indira Gandhi, who ordered her to commit ill prepared troops to action prematurely in Mar/ April 1971. It was politically uncomfortable for Indira Gandhi. However, it is abundantly clear that there was no threat to civilian supremacy even if Indira hadn’t accepted the General’s advice (Bimaya, 1997, p.83).Moreover, Indian military has been showing its clout and relevance vis-à-vis disputes with Pakistan. Indian military came into quite interventionist mood in 1987. It was on the verge of overthrowing Rajiv Gandhi’s government. In his just book “The Untold Truth”, lieutenant General Hoon alleged that Army Chief Gen Krishnaswami Sundarji and his Vice Chief, Lieutenant General SF Rodrigues, were involved in the plot. Moreover, startling revelation was made that Operations Brasstacks, conducted near the Pakistan border, was no military exercise but a provocative build up planned by Sundarji and Arun Singh without the knowledge of Gandhi (Dhaliwal, 2015). It vividly bespeaks the fact that there has been peaks and troughs in India Civil Military relation but introspection was always carried out by the Stakeholders in order to abstain from crossing the red lines. As far as Indian role in the foreign security issues, it carried substantive sway on civilian government. In 2004 Agra summit, Indian government was quite willing to discuss Siachen Glacier with Pakistan,

however, it was persuaded by the Indian military to abandon the idea(Musharraf, 2008). Internal Security and Civil-Military Relations India’s Civil-Military relations have taken a radically different course, despite the significant use of military forces in internal security campaigns. The Indian army has been active since 1970 at every level of armed conflict, and growing political violence has periodically brought the armed forces into the political arena. Out of 17 major Indian Army campaigns between 1947 and 1995, a dozen were within India’s borders. Between 1982 and 1989, the army was deployed to assist the civilian authorities no less than 721 times (Kohli, 1991). Civilian leadership appeared comfortable by empowering generals as state governors and advisors, as long as their forces stayed in far-flung parts of the country. More severe internal threats developed in the 1980s. Insurgencies grew in strategically crucial Kashmir and Punjab along the Pakistani border. The Army was deployed with increasing frequency to deal with violent internal threats, often using high-intensity counterinsurgency operations in response. The army, in addition to police and paramilitaries, was used extensively for more than ten years as an internal security/counterinsurgency force (Bimaya, 1997). Brass (1994, p.63) argues that in the mid-1980s, a violent Sikh separatist movement developed in the northwestern province of Punjab on the Pakistani border. At one point, nine divisions of the regular Indian Army were stationed in Punjab, nearly one- quarter of the entire active army. The insurgency was handled with heavy Indian repression (sparking a conflict that included the assassination of Prime Minister Indira Gandhi by her own bodyguards in 1984). Moreover, Naxalites insurgency has become existential threat for India due to its protracted nature and ideological attraction (Epstein,2014). Dasgupta (1991) argues that “The military’s growing internal security role has given rise to concerns about the future of civilian control over the military…in modern India, the politicians, bureaucrats, and the public generally have become militaristic … what we see is civilian militarism”. It is fair to say that notwithstanding the incessant internal security challenge, Indian military was not allowed to deviate from their prescribed role enshrined in the Indian constitution. The political institutions had the depth and maturity to undertake the leading role in resolution of internal and external threats. Role of Political Institutions In 1947, India inherited Delhi and its bureaucracy, the core of the old colonial state; but no such continuity of centralized political infrastructure was made available to Pakistan. In Kamtekar’s (1988) words: “It is an oversimplification with some truth to say that while in India independence involved restructuring a state, in Pakistan it involved building a state”. India received a much more favorable institutional heritage from the shared colonial past, due in part to the very different nature of its dominant pro- independence party, the Indian Congress Party (Rudolph, 1964; Jalal, 1985).It is sometimes forgotten that Mohammed Ali Jinnah was just as ambivalent about the military as Nehru, and believed in civilian supremacy. But the most unfortunate part in Pakistan’s case was the early demise of Jinnah, living only thirteen months after winning of independence. Nehru, by contrast, survived until 1964. He allowed the democracy and electioneering to strengthen and helping these democratic tendencies become the habits of Indian political culture. Moreover, regarding the leadership cadre Jalal (2014) argued that “If Gandhi goes, there is always Nehru or Raja Gopal Achari or Patel or a dozen others. But if Jinnah goes, who is there”. Having said that, it has become evident that the endurance of the Congress Party and the legitimacy of Prime Minister Jawaharlal Nehru’s rule allowed civilian control to be sharply imposed on the military in the early days after independence. Nehru “deliberately discouraged the modernization of the armed force .

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he had suspicions that an excessive emphasis on Army would lead to the militarization of society” (Ganguly, 1996, Kundu, 1998). Unlike the collapse of the Muslim League in Pakistan, Congress and Nehru maintained domestic stability despite intense poverty and the strains of a multiethnic society (Kukreja, 1991). While neighboring Pakistan foundered, India was able to rely on both high legitimacy and high institutionalization through the bureaucracy and political party system. As Huntington (1991) vividly states that “no other country attaining independence after World War II was institutionally as well prepared as India for self- government.”Consequently, “the supremacy of civilian control over the military also was strongly asserted.”After Nehru’s death in 1964, Indian politics become more chaotic and fractured, culminating in the 197577 Emergency, during which Indira Gandhi clamped down on civil liberties (Bimaya, 1997). The army, however, did not become involved in this exercise of raw political repression, as internal paramilitary forces instead acted as the tool of state power. Even during a period of decreased legitimacy and growing political contention, state institutionalization removed a need or opportunity for military intervention with exception of Sikh secessionist “Khalistan” movement in 80S. Moreover, the 1977 elections created a return to normalcy that highlighted the Indian political system’s resilience. India’s politics are volatile and complex, but there is an underpinning of broad consensus about the value and legitimacy of the political system. Cohen argues (1984) that “the structure of the Indian civil-military

relationship is fundamentally sound because for most Indian, the legitimacy of the political system remains high. Conclusions Although Military culture of Pakistan and India holds obvious similarities in professional and ceremonial outlook, as well as possesses similar Pattern of civilian interactive approach and the institutional parity that British held between civilian and military in order to keep the pendulum of power in balance. However, after partition on the Indian side, the domestic institutions and political system have resisted the Indian Army’s intrusion into political life, despite many decades’ long insurgencies and internal challenges. But it have never weakened the Indian civil institutions. From India’s case it is evident that counterinsurgency and political repression do not inevitably lead to military politicization or intervention in domestic politics. In Pakistan’s case, Pakistan inherited weak political institution and relatively strong military. Moreover, due the external threats and internal secessionist movements, military intervened in domestic politics on numerous occasions. Political institutions and electioneering process were very weak but these institution and practices were never allowed to grow. In Pakistan the institutional growth would only be possible if a gradual and robust transformation of state from NSS to social welfare state is carried out and it would demand a massive overall in governance, economy and social reforms. Military leadership must shed away the endemic obsession of being the lone savior of Pakistan geographical virtual and ideological frontier. (By Shahid Ahmed Afridi: University of Peshawar, Peshawar; Published in South Asian Studies, A Research Journal of South Asian Studies)

Weekly Current Affairs MCQs

(May 4 May 12)

1.

Which satellite india has lauched recently? South Asia Satellite

13.

Which political movement (party) was founded by Macron in 2016: En Marche (Forward)

2.

Why did India rename “SAARC Satellite” as “South Asia Satellite”? because Pakistan refused to join it.

14.

After Khaled Mashal, who has currently been officially named as senior leader of militant group, Hamas, in

3.

According to current reports, water level of which

Palestine? Ismail Haniya

lake in Pakistan fell to 47 feet and may cause water shortage Karachi? Keejhar Lake, thatta

15.

Capital of Palestine is? Disputed (Each of Israel and Palestine claimed Jerusalem as its own capital)

4.

What is another name of Keejhar lake (Pakistan’s

16.

News agency TASS belongs to? Russia

largest ‘artificial’ lake)? Kalri Lake

17.

According to Finance minister Pakistan, Ishaq Dar, new

5.

Pakistan’s current advisor for National Security is? Nasir Khan Janjua

Electronic Micro-computerized system is going to be implemented for collection of tax from Pakistani

6.

Current minister of Defence Production Pakistan is? Rana Tanveer Hussain

restaurants. This Electronic Micro-computerized system is based on? Singapore Model

7.

Current Indian army chief is? Bipin Rawat

18.

Baluchistan’s current Governor, Muhammad Khan,

8.

How many aliens (and refugees) have been deported

belongs to? PukhtunKhwa Milli Awami Party

since last 5 years? 40149

19.

Baluchistan’s current CM, Sana ullah Zahri belongs to?

9.

Who has been made head of JIT (Joint Investigation

Pakistan Muslim League (N)

Team) to probe Panama Case? Wajid Zia (Additional DG FIA)

20.

Which Sections of Pakistan Penal Code deals with blasphemy law? 295-B & 295-C

10.

JIT will report its findings to Supreme Court within in? 6o days

21.

On 7 th May, Who has become France’s youngest president ever? Emmanuel Macron (aged 39)

11.

How many questions asked by SC will be answered

22.

In recent elections, Macron (65.5 % votes) defeated:

by JIT after 60 days? 15 Questions

Marine Le Pen (34.5 %)

12.

Which French Presidential candidate’s election campaign has been hacked and documents leaked? Emmanuel Macron

23.

Residence of Frace’s president is named as? Elysee Palace

22

Weekly Current Affairs MCQs

Weekly Analysis May 11 th 2017

24. Amir Khan’s film, Dangal, has recently crossed Rs 800 crore and become second highest grossing Indian movie. Which is the highest grossing Indian movie? Baahubali 2 (Rs 1000 crore)

45.

India claimed to petition ICJ (International Court of Justice) against Kulbhushan Yadev’s death sentence. Who is current president of ICJ? Ronny Abraham (France)

25. Who has currently been appointed as Pakistan’s new ambassador to Afghanistan? Javed Nasarullah

46.

To what term an ICJ judge is elected by UN General Assembly and UN Security Council? 9 years

26. When will screening hepatitis day be celebrated in

47.

Total number of ICJ judges is? 15

Punjab? from 22 to 27 May

48.

Current chairman of CDA (Capital Development

American President, Donald Trump, has recently fired

27. Current Chairman of PEMRA (Pakistan Electronic Media Authority) is? Absar Alam

49.

Authority) is? Sheikh Ansar Aziz

28. Current President of European Commission? Jean Claude Juncker

Director of FBI (Federal Bureau of Investigation) whose name is? James Comey

29. Current Chief Executive of Afghanistan is? Abdullah Abdullah

30. Current Head of Iranian armed forces, who recently

50.

In 2016, Syria remained deadliest country (50, 000 casualties). Which country did remain second deadliest? Mexico (23,000)

threatened Pakistan to hit “terrorists” in Pakistan? Mohammad Baqeri

51.

Current White House spokesman (Press Secretary) is? Sean Michael Spicer

31. When will elections in Iran be held? 19 May

52.

According to recent HRCP (Human Right Commission

32. Current US ambassador to UN is? Nikki Haley

33. General elections in UK are going to be held in? 8

Pakistan), deaths related to terrorism in 2016 dropped to? 45 % (as compared to 2015)

June

53.

Current Chairperson of HRCP is? Zohra Yousaf

34. Which are two main candidates in upcoming British General Election? Theresa May (Current PM who

54.

Minister of State for Foreign Affairs of Japan, who recently visited Pakistan, is: Nobuo Kishi

belongs to Conservative Party) & Jeremy Corbyn

55.

International Firefighter Day is celebrated on: 4 th May

(leader of Labour Party)

56.

In ICC T20 ranking list, Pakistan ranks: 3 rd

35. Which day, in Russia, is celebrated as “victory day” (against Nazi Germany)? 9 th May

36. On Victory Day, in Russia, which march was joined

57.

Governor SBP (State Bank of Pakistan) Ashraf Wathra has been retired on 29 April, who is Acting Governor of SBP? Riaz Riazudin (Deputy Governor)

by over 800000 participants? March of Immortal Regiment

58.

Tipu Sultan’s 218 th death anniversary has been celebrated on? 4 th May (died in 1799)

37. Iran’s current ambassador to Pakistan is? Mehdi Hunar Dost

59.

When did Karachi Violence or Black Saturday riots (series of bloody clashes among rival political activists

Current Deputry chairman of Senate has been injured in

38. World Thalassemia (Genetic blood disease) Day is celebrated on? 8 th May

60.

occurred? 12 May 2007 (10 years ago)

39. On 9 th May, who has been elected as new president of South Korea? Moon Jae-in (he belongs Democratic Party)

61.

an attack blast by ISIS (Daesh) in Mastung,. His name is? Abdul Ghafoor Haideri

40. On April 10 (Last month), who was removed from position of South Korea’s President? Park Guen Hye

Which country has recently set the Guinness World Record for the largest water screen projection:

Dubai

(she belongs to Conservative Party)

62.

Foreign Office Spokesman of Pakistan is: Nafees

Indian Deputy High Commissioner to Pakistan is: J.P

Pakistan’s newly appointed High Commissioner to India

41. What is official name of North Korea? Democratic People’s Republic

63.

Zakaria

42. What is official name of South Korea? The Republic of Korea

43. Christian Governor of Indonesia’s Capital, Jakarta,

64.

Singh

is: Sohail Mehmood

has been sentenced prison (2 years) for blasphemy. His name is? Basuki Purnama (nicknamed as ‘Ahok’)

65.

Secret lines of communication between two opponents through informal intermediary or 3 rd party is called:

44. Which Saudi Arabia’s minister recently met PM

Backdoor diplomacy

Nawaz in Islamabad? Awwad bin Saleh al-Awwad (Minister of information & Culture)

66.

Recently Pakistan has signed MoU of warship and defence cooperation with: Turkey

23

Transcripts of Talk Shows

Transcripts of Talk Shows

Weekly Analysis May 11

Weekly Analysis May 11

th

2017

th 2017

Transcripts of Talk Shows

CNN'S AMANPOUR

(CNN HOST: CHRISTIANE AMANPUR)

Transcript of this CNN talk show covers first major live interview of Hillary Clinton since the U.S Election and topics to be discussed in this interview may help its readers to understand her valuable views on her loss in election, misogyny and the state of women’s world. CHRISTIANE AMANPOUR, CNN HOST: Tonight, Hillary Clinton unplugged. In her first major live TV interview since the U.S. election, the former presidential candidate lets rip on her loss, misogyny and the state of our world. (BEGIN VIDEO CLIP) CLINTON: Women's right is the unfinished business of the 21st century. There is no more important, larger issue that has to be addressed. (APPLAUSE) (END VIDEO CLIP) AMANPOUR: Good evening, everyone, and welcome to the special weekend edition of our program. I'm Christiane Amanpour in New York. And in her first extensive live conversation since the 2016 election, Hillary Clinton has come out swinging. She was stunningly candid at the "Women for Women" charity in New York on Tuesday. She did take personal responsibility for her loss. But she said the tide turned against her after the FBI director informed Congress they were reopening a probe into her use of a private e-mail server. And the next day on Wednesday, James Comey fought back on Capitol Hill, saying that he wouldn't change what he did. At the event promoting women's roles in peace and security, Clinton criticized the Trump administration's plans to cut back at her old office, the State Department. (BEGIN VIDEO CLIP) HILLARY CLINTON, FORMER PRESIDENTIAL CANDIDATE: I am going to publicly request that this administration not end our efforts making women's rights and opportunities central to American foreign policy and national security. (APPLAUSE) (END VIDEO CLIP) AMANPOUR: So it was a rarely seen side of Hillary Clinton as we began our conversation by discussing the lack of women around Donald Trump's cabinet table. (BEGIN VIDEOTAPE) CLINTON: Well, I'm hoping that voices like many of yours in this room, and I would say bipartisan, non-partisan voices, will speak up for the work of diplomacy and development. I know that secretary of Defense Mattis understands that. He has spoken out and said you cut the State Department, the USAID budget, you're going to have to buy me more ammunition, because you cannot talk about pursuing diplomacy and development that will be to the benefit of the United States, to our security, to our values and interests, without understanding them that we are left with just one tool in the toolbox namely the military tool.

That is a necessary tool, but it should only be one of three. And diplomacy and development should be the first efforts. And I'm hoping that because of voices like Jim Mattis and others that that will begin to influence the administration.

AMANPOUR: I am sure that everybody in this room, everybody in this country, frankly, everybody in the world is really afraid of the crisis with North Korea. So given the right effects, everybody including women, what do you make of President Trump saying that he would be honored to meet Kim Jong-un? And I ask you that seriously because the dirty little secret is, that it will take wanted negotiations with the North Korean regime to actually come to -- I want your view on negotiations as a way to forge peace and not as a sign of weakness and appeasement. CLINTON: Right. AMANPOUR: What do you think? Because President Bill Clinton was the last person to actually negotiate and cause an arms control agreement that worked with North Korea. CLINTON: First of all, there has to be a regional effort to basically incentivize the North Korean regime, to understand that it will pay a much bigger price regionally, primarily from China, if it pursues this reckless policy of nuclear weapons development and very dangerously for us the missiles that can deliver those nuclear packages to places like Hawaii and eventually the west coast of the United States. So I take this threat very seriously. But I don't believe that we alone are able to really put the pressure on this North Korean regime that needs to be placed. Now, the North Koreans are always interested, not just Kim Jong-un, but his father before him. We're always interested in trying to get Americans to come to negotiate, to elevate their status and their position. And we should be very careful about giving that away. You should not offer that in the absence of a broader strategic framework to try to get China, Japan, Russia, South Korea to put the kind of pressure on the regime that will finally bring them to the negotiating table with some kind of realistic prospect for change. As Christiane said, there was a negotiation in the `90s that put an end to one aspect of their nuclear program. To ways to make it plutonium, uranium, shut down the plutonium. And then a few years later, there was evidence that they were cheating. And I think that there was -- and I have said this publicly before, I think the Bush administration aired in saying they are cheaters, now we're not going to do anything with them. They should have said you're cheating, back to the negotiating table now, we're going to shut down your uranium program. But because they withdrew from any kind of negotiations, the uranium program started up. So negotiations are critical, but they have to be part of a broader strategy. Not just thrown out on a tweet some morning that, hey, let's get together and, you know, see if we can get along. And maybe we can, you know, come up with some sort of a deal. That doesn't work. (APPLAUSE) AMANPOUR: Did the Syrian strike work? CLINTON: Well, I think it's too soon to really tell. AMANPOUR: Did you support it? CLINTON: Yes, I did support it. I didn't publicly support it, because that wasn't my role. But I did support it. But I am not convinced that it really made much of a difference. And I don't know what kind of potentially, you know, back room deals were made with the Russians. I mean, we later learned that the Russians and the Syrians moved jets off the runway. That the Russians may have been given a heads up even before our own Congress was.

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So I think there's a lot that we don't really yet fully know about, what was part of that strike. And if all it was was a one-off effort, it's not going to have much of a lasting effect. AMANPOUR: I'm going to come back to Russia in a moment because it's obviously vital. But I want to ask you as a woman and we're dealing obviously with issues that affect women all over the world.

What do you imagine your election as the first female president of the United States might have said to the world and to the women of the world who are looking for validation, for somebody to shatter that highest and hardest ceiling? CLINTON: Oh, I think it would have been a really big deal. And I think that -- (APPLAUSE) (LAUGHTER) And, you know, I am writing a book, and it's a painful process reliving the campaign, as you might guess. But I think that partly here at home, there were important messages that that could have sent to our own daughters, granddaughters, grandsons and sons. So have we made progress? Yes, we have. But have we made enough? No, we haven't. And it's not

a minor issue. It's not a luxury issue you get to after

everything else is resolved. It is central to the maintenance, stability, sustainability of democracy, of human rights. It is critical to our national security. You look at places where women's rights are being stripped away. They are the places most likely to either catalyze or protect terrorism, or create ideologies that are an antithetical to women's lives and

futures. It's not an accident. And so part of what I really believe is that women's rights is the unfinished business of the 21st century. There is

no more important, larger issue than has to be addressed.

(APPLAUSE)

AMANPOUR: Given that I wonder if you could address -- you have just spoken eloquently about the sexism, the misogyny and inequity around the world, but do you believe it exists here still? (LAUGHTER) And do you think -- do you think -- were you a victim of misogyny? And why do you think you lost the majority of the white female vote -- the security moms, the people who want

to be protected from the kinds of challenges you're talking

about right now? CLINTON: Right. Well, you know what, the book's coming

out in the fall. Just to give you a tiny little preview, yes, I do think it played a role. I think other things did, as well. Every day that goes by, we learn more about some of the unprecedented interference, including from a foreign power whose leader is not a member

of my fan club.

And so I think it is -- it is real. It is very much a part of the landscape politically and socially and economically. You

know, an example that has nothing to do with me personally is this whole question of equal pay. You know, we just had equal payday in April, which is how long women have to work past the first of the year to make the equivalent of what men made the prior year in comparable professions. And we know it's a problem in our country. It's not something that exists somewhere far away. It exists right here. And it's really troubling to me that we are still grappling with how to deal in an economy to ensure that people who do the work that is expected of them get paid fairly and equally.

So yes, there are many, many representations of that, many kinds of examples of that. And yes, it was a role in this election, and I will have a lot to say about it. And I think that it is something that -- whatever your political party, whatever your particular idealogical bent, you have a stake as a woman and a man to go back to your very first comment in ensuring that the promise of equality that we hold out and the efforts that so many women and men have made over the decades to secure it don't go backwards. And I think we're not just at a stalled point. I think we are potentially going backwards. For example, real quickly, on equal pay. A number of cities and states have said, you know, one of the problems about equal pay is when you hire people, you say what was your last pay? So if you're a young woman and you've been underpaid before, and you say what your pay is, then a slight bump looks fair. But it's not, because you got built-in inequity. So what is happening in current times in some places, I think is quite troubling, because there's a great effort to make sure that localities don't pass laws that prevent employers from asking about past pay. Now, you know, if somebody who has employed a lot of people over the course of my professional life, a lot of young men and women, it's always the case when you offer a job to a young person that is a bump-up in pay and respect and responsibility, young women almost always say to me, do you think I can do it? Do you think I'm ready? Young men basically say what took you so long? (LAUGHTER) So this is something we have to clear out the cobwebs and say, you know what, there shouldn't be differences. And we've seen a lot of evidence in the last month that the tech industry, you know, the forefront of our economy, is still mired in pay inequities. And so how do we get out of it if we don't set some standards, some metrics. And one of these is don't ask what is the job supposed to pay. And if the person has the qualifications, pay that person, man or woman, what the job requires, right? (APPLAUSE) AMANPOUR: So just to bring you back to that leader of that foreign country was not a member of your fan club, what do you make of a journalist who basically said that, in fact, President Putin hated you so much that it was personal, that he was determined to thwart your ambitions. Do you buy that?

CLINTON: Well, he certainly interfered in our election. And it

was clear he interfered to hurt me and to help my opponent. And

if you chart my opponent and his campaign's statements, they

quite coordinated with the goals that that leader, who shall remain nameless, had. So yes, look, I think Russia is a great country. And I think the Russian people are extraordinarily talented. And I think they are badly governed. And I think they have been denied their opportunities to really join the modern world in a way that will lift them all up. And I also think that when their president came back after having taken a time-out to

be prime minister, he rigged the elections for the parliament, and

I was your secretary of state. And we do speak out against

rigged elections. That kind of goes with the territory, at least it did prior to this administration. And so I did say it was an illegitimate election and it had been rigged. And people -- you know, I wasn't telling hundreds of thousands, even millions of Russians something they didn't know. So they go out into the streets in Moscow and St. Petersburg and demonstrate and Putin blames me, that I'm the one who got all those people in the streets. So it kind of went downhill from there. (LAUGHTER)

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AMANPOUR: They did. (END VIDEOTAPE) AMANPOUR: Relaxed, confident, at times poignant. More of my conversation with Hillary Clinton coming up. Now she admits it wasn't a perfect campaign, but she says had the election been held the very day before the Comey letter was made public, the result would have been very different.

AMANPOUR: Welcome back to the program. Continuing my conversation with Hillary Clinton. She accepts responsibility for her election loss and tweaks Trump with her 3 million more popular votes. (BEGIN VIDEOTAPE) AMANPOUR: Your supporters are sad, they are devastated, they are disappointed and some are angry. And some say, you know, could it have been different, could the campaign have been better? Could you have had a better rationale? He had one message, your opponent, and it was successful message. Make America great again. And where was your message? Do you take any personal responsibility? [14:20:00] CLINTON: Oh, of course. I take absolute personal responsibility. I was the candidate. I was the person who was on the ballot. And I am very aware of, you know, the challenges, the problems, the shortfalls that we had again. I

will write all this out for you. But I will say this, I've been in a lot of campaigns and I'm very proud of the campaign we ran and I'm very proud of the staff and the volunteers and the people who were out there day after day. (APPLAUSE) And it wasn't a perfect campaign. There is no such thing. But

I was on the way to winning until a combination of Jim

Comey's letter on October 28th and Russian WikiLeaks raised doubts in the minds of people who were inclined to vote for me, but got scared off. And the evidence for that, intervening

event, is, I think, compelling, persuasive. And so we overcame

a lot in the campaign. We overcame an enormous barrage of

negativity, of false equivalency and so much else. But as Nate Silver, who doesn't work for me, he's an

independent analyst but one considered to be very reliable, you know, has concluded, you know, if the election had been on October 27th, I would be your president. And it wasn't. It was on October 28th. And there were just a lot of funny business going on around that. And ask yourself this, within an hour or two of the "Hollywood Access" tape being made public, the Russian theft

of John Pedesta's e-mails hit WikiLeaks. What a coincidence.

So, I mean, you just can't make this stuff up. So did we make mistakes? Of course we did.

Did I make mistakes? Oh, my gosh, yes. You know, you'll read my confession and my request for absolution. (LAUGHTER) But the reason why I believe we lost were the intervening events in the last ten days. And I think you can see I was

leading in the early vote. I had a very strong -- not just our polling and data analysis, but a very strong assessment going on across the country about where I was in terms of, you know, the necessary votes and electoral votes. And, remember, I did win more than 3 million votes than my opponent. So it's like, really - AMANPOUR: I feel a tweet coming. CLINTON: Well, fine. You know, better that than interfering

in foreign affairs. If he wants to tweet about me, I'm happy to

be the diversion, because we've got lots of other things to worry about. And he should worry less about the election and my winning the popular vote than doing some other things that would be important for the country.

(APPLAUSE) AMANPOUR: Just briefly to -- we're going to finish on some other stuff. But once the result was known, did you call President Obama? What did you say to him? CLINTON: Yeah, I called President Obama. And I called Donald Trump -- yes. (LAUGHTER) AMANPOUR: Did you have any message for President Obama? CLINTON: You know, look, I mean, I was very proud to serve in his administration. And I said ad nauseam during the campaign, I did not think President Obama got the credit he deserved for saving our economy, for passing the Affordable Care Act. I just didn't think he got that credit. (APPLAUSE) And so, look, among the -- you know, again, you can read all about this excruciating analysis that I'm engaged in right now, when I'm not in the woods walking. AMANPOUR: Is it therapy? (LAUGHTER) CLINTON: I wouldn't say it's therapy. I would say that it is cathartic, because, you know, it's very difficult to succeed a two- term president of your own party. That is a historical fact. I always knew that it was going to be a hard election, but I thought that at the end of the day, we had made it clear -- you know, I wasn't going to appeal to people's emotions in the same way that my opponent did, which I think is frankly what's getting him into all kinds of difficulties now in trying to fulfill these promises that he made because, you know, health care is complicated. (LAUGHTER) [14:25:00] And so is foreign policy and other stuff that lands on a president's desk. I mean, if it's easy, it doesn't get to the president's desk. (END VIDEOTAPE) AMANPOUR: And coming up, imagine losing the election and then joining the resistance. Clinton lays down the gauntlet, next. AMANPOUR: And finally tonight, red meat for the faithful. In a room full of powerful women, trying to lift up all women, imagine Hillary Clinton defiant and trending online with this final reflection about that election. (BEGIN VIDEO CLIP) CLINTON: In that first debate, my opponent actually made fun of me for preparing. So I said yes, I did prepare for the debate. And I'll tell you something else I prepared for, I prepared for being president. (APPLAUSE) And I think, you know, I can't be anything other than who I am. And I spent decades learning about what it would take to move our country forward, including people who, you know, clearly didn't vote for me, to try to make sure that we dealt with a lot of these hard issues that are right around the corner like robotics and artificial intelligence, and things that are really going to be up ending the economy for the vast majority of Americans to say nothing of the rest of the world. So, you know, I'm now back to being an activist citizen, and part of the resistance. (APPLAUSE) (END VIDEO CLIP) AMANPOUR: And that is it for our program tonight. Remember, you can always listen to our podcast, watch us online @Amanpour.com and follow me on Facebook and Twitter. Thank you for watching and goodbye from New York. END

(By Editorial Team, Weekly Analysis)

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CONNECT THE WORLD

(CNN HOST: BECKY ANDERSON)

Topics to be covered in this talk shows are: Macron Defeats Le Pen; South Korea's Presidential Election. Hello and welcome. You're watching "Connect the World." I'm Becky Anderson for you. Corrupt, too young, out of touch but now, Emmanuel Macron will be called something very different -- Monsieur President. France's incredible election rewriting its entire political playbook is going to see him become the country's youngest leader since Napoleon. Macron, on the left here, looking presidential just hours after his win, skyrocketing from a virtual unknown to where he is now all this in just three years. And check out just how he did it -- winning everywhere that's in blue here, crushing his right wing and populist rival, Marine Le Pen, who claimed just two small spots of red. Filled with triumph, Macron gave an excited victory speech. (BEGIN VIDEO CLIP) MACRON (THROUGH TRANSLATOR): What we have done for months and months now has no precedent nor equivalence. Everybody told us it was impossible. But they didn't know France. (APPLAUSE) (END VIDEO CLIP) ANDERSON: Well, we are on every side of the story for you as you would expect. CNN's Isa Soares is out and about in Paris where there is already a protest against labor reforms Macron wants to bring in. Our Jim Bitterman, along the world-famous Champs-Elysees. Let's start with you, Isa. Macron said he won't be stopped by any obstacle in his effort to reform France. So what is that plan? And how much resistance does he face? ISA SOARES, CNN CORRESPONDENT: Well, it's definitely not the victory lap he had in mind, Becky. If you look, the police behind me, the -- the riot police have been -- seen crowds of as many as a thousand people here or so, majority of them unionists. But also, many people like you said who don't see eye-to-eye when it comes to his reforms, I wanted to give you a sense of the numbers. We've started at about a thousand or so. That is, as you can see, significantly reduced many people dispersing. But what I've heard from people here in Paris but also in Northern France, where you were mentioning there, has turned majority (ph) blue, only a couple of -- of towns that really, the tough ones (ph) that became (ph) Marine Le Pen. People still feel that he doesn't represent them. People feel that -- that they're voiceless. And they feel he belongs to the elite. So in terms of what we heard from the president-elect is really making France a bit more open, more open to free trade, more -- much more globalist vision of -- of France. And many people here don't believe he is man to do it, one, because he's never held elected office, two, because they don't trust him. And that is the big point that keep -- I'm hearing time and time again, he belongs to the elite. He doesn't belong to us. Interestingly, when I spoke to majority people (ph) here, which way did they vote, they vote Marine Le Pen, of course, they shook their heads as you'd expect in voting and said no. Many said they voted white, which was ran almost eight or so percent, which is quite a significant number, Becky.

So there is -- I know it's quite a cliche when you say this is a divided country. But you do get a sense that not everyone agrees or thought (ph) - - agreed on the last two candidates they had to pick from. ANDERSON: Isa, stand by. Jim, so western liberal democracy, if you like, trumps a populist protectionist agenda from Marine Le Pen. What does this election result mean for the French and indeed for the rest of the world? JIM BITTERMAN, CNN CORRESPONDENT: Well, it's interesting. I mean, some people are declaring this is a victory for the anti-populist, the ones that were saying that populism really wasn't there, wasn't really a movement -- a worldwide movement. And we've seen elections now in the Netherlands and here, which seem to back that theory up that populism could be dead if it ever was there in the first place. But it should be said, too, just to back up what Isa was saying, Emmanuel Macron has been extremely lucky getting elected president of the -- of France. And just analyzing the votes, one of the surveys that came out yesterday was that 43 percent of French voters voted for Emmanuel Macron only to stop Marine Le Pen from getting into office so voting against the populism of Marine Le Pen. So you -- you really have a contradiction here. You have someone who's been elected president who's coming in with a lot of enthusiasm and whatnot but who has been extremely lucky getting to where he is. Some of his opponents in the election, the first round of the election, self-destructed. And it's a question as whether that luck is going to continue, whether it's going to hold, whether -- whether he's making his own luck. If he's that clever, perhaps he's going to be able to make his own luck going forward. Becky? ANDERSON: Jim, you've probably forgotten more about French politics than we will ever know. So this is about continuity rather than change. How does that, though, improve the lot of the French? What does he need to do next? BITTERMAN: Well, for one thing, he's going to have to -- because he says that France needs to be reformed and he knows the issues. There's no question about that. We've been reviewing him several times as a -- as a minister and as a campaigner for the presidency. And he clearly knows what needs to be done in terms of economic reforms here to get the economy going again, to get people employed again. And the question is will he be able to do it? And the thing, kind of pushback we're seeing even this afternoon out on the streets where he says that the fact is he's going to face that again and again and again as he challenges the icons. There have been a succession of presidents here, starting with Sarkozy, and then followed by Holland who said they were going to reform the economy. And they tried. And they were hit with the kind of strikes and -- and demonstrations that we've seen take place here. And they've been stopped in their tracks. They've been forced to stop in their tracks because they could see that it was going nowhere, that they weren't going to be able to get the legislation through. So he's got to be a good salesman. He's got to sell that program not only to the legislature, which that's going to be hard but also to the French people so that they're not out on streets. Becky?

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ANDERSON: Jim Bitterman is, as we said, just above the famous Champs- Elysees. Isa, thank you, out on the street of Paris for you today. And later this hour, we're going to take a look at the very enthusiastic reaction -- it's got to be said in Europe to this man's election. South Korea’s Elections (BEGIN VIDEOTAPE) PAULA HANCOCKS, CNN CORRESPONDENT: Pure excitement at seeing the presidential frontrunner. Moon Jae- in has dedicated supporters, old and young. And he's enjoying a significant lead in the polls. His policy on North Korea, though, has voters split. A liberal candidate, Moon is pro-engagement. He supports dialogue with Pyongyang, even organizing the last North/South Summit in 2007. A group of North Korean defectors last week claimed 3,000 of them would leave South Korea and seek asylum elsewhere if Moon wins. Defectors traditionally vote conservative for a more hardline approach to the regime they fled. But also rare defector support for Moon -- the feeling here is that he's the only one who can prevent a future war on the peninsula. "Our parents, brothers and sisters are all in North Korea," says this former member of the elite. The second we carry a rifle to defend South Korea, we'll be pointing a gun towards them. Moon declined repeated requests for a television interview but tried to fight criticism he's too soft on North Korea in a televised address. "I will not tolerate any military provocation from North Korea," he says. "Through crisis management and a solid alliance with the U.S. I will stop the war from happening." HANCOCKS: Moon lost in the last presidential race to former president Park Geun-hye. Park has been impeached and imprisoned, currently on trial for extortion and bribery.

She denies all charges against her. But Moon is assumed to have picked up support for being the opposite of her, in policy and personality. MICHAEL BREEN, AUTHOR, "THE NEW KOREANS": He stood very clearly against her. So one big reason for his support is that he's not her. HANCOCKS: Former businessman, Ahn Cheol-soo, also supports negotiations with Pyongyang, even highlighting the fact he went to the same business school as U.S. President Donald Trump as a way of connecting with the country's main ally. Hong Jun-pyo, the conservative candidate from Park's former party suffered a political body blow from her impeachment and holds a harder line against Pyongyang. HANCOCKS: Thirteen candidates in all, vying for the top job, the results, expected overnight Tuesday. So unless the polls are horribly wrong, which to be fair, has happened elsewhere in the world, Moon could well be the next leader to try and solve the problem of North Korea and also to try and start to build a relationship with a U.S. president who had said that he is happy to go it alone on the issue. Paula Hancocks, CNN, Seoul. (END VIDEOTAPE) ANDERSON: Well, let's get you live on the ground in Seoul, which is just 200 kilometers, of course, from Pyongyang, where CNN's very own Ivan Watson is for us now. Ivan, just set the scene for us, if you will, on what is an incredibly important election there in South Korea. IVAN WATSON, CNN CORRESPONDENT: Well, here is one indicator. Several days before the polls formally open on -- on Tuesday in -- in the official election, more than a quarter of the electorate had already cast their ballots in advanced voting, more than 11 million people, according to the National

Electoral Commissions. That gives you a sense of some of the enthusiasm out there. There is certainly, appears to be a backlash against conservative politicians in the country after the scandal of the former president, Park Geun-hye and her impeachment. When it comes to this frontrunner that Paula was reporting on, Moon Jae-in, yes, there is considerable talk about him seeking a more diplomatic approach with Pyongyang if he is elected. And there is a surprising similarity between him and the position of the Trump administration, Becky, in that both of them have said that the past policy from the U.S. and past South Korean governments of, quote/unquote, "strategic patience" have failed. That is part of the rationale that this candidate, Moon Jae-in, is using for seeking, perhaps, a more diplomatic approach to Pyongyang. But again, if you talk to ordinary voters on the street, one of the biggest concerns right now is rising youth unemployment, which nearly doubled between 2015 and 2016. That's one of the things that is certainly driving young people to the polls and driving them early. Becky? (BEGIN VIDEO CLIP) JOHN F. KENNEDY, FORMER U.S. PRESIDENT: Ask not what your country can do for you. Ask what you can do for your country. (APPLAUSE) (END VIDEO CLIP) ANDERSON: But what if the answer to both of those questions was simply nothing? What can seem idealistic in some places can seem outright unrealistic in the Middle East. And that is being measured by this -- the new Arab Youth Survey. It gauges what youngsters -- young people aged between

18 and 24 are thinking across much of this region.

Myself and the "Connect the World" team got a first look at this report. And here is what is in it. (BEGIN VIDEOTAPE) ANDERSON: War, famine, terrorism, ISIS, even unemployment -- all threads in the Middle East's brutal mosaic, a warped reality the Arabs themselves can't escape, even those meant to have the most hope for it, its young. So almost half of those asked in this (ph) survey think this region is going in the wrong direction, the one exception, here in the United Arab Emirates. For yet another year, many look to it as a beacon of hope. But still, with so many problems and so many feeling permanent, old friendships are fading. DONALD TRUMP, U.S. PRESIDENT: I, Donald John Trump. ANDERSON: Almost everyone doesn't like America's new president. And they no longer feel like America is their go-to for safety.

Instead, stepping in, Russia. So in a region where as many as seven out of 10 people are under 30, that matters here more than anywhere. (END VIDEOTAPE) ANDERSON: And peaceful, rich, and safe -- that is how many young people look in the Middle East look at the United Arab Emirates. And let's stay right here in its capital now. Of course, we're in Abu Dhabi. I want to speak to the man who runs the company that carried out this survey, Sunil John. And even before I started reading this, Sunil, I was fascinated. And I thought it was a brilliant move to dedicate this to the Arab world's 200 million youth. This sort of survey is so important. The age group that you surveyed is so important because they are this region's tomorrow. What struck you most about what they told you? SUNIL JOHN, CEO, ASDA'A BURSON-MARSTELLER: I mean, absolutely, Becky. The region is probably one of the youngest parts in the world. You know, out of 22 different Arab nations across this vast area, nearly more than 350 million people, but

60 percent below the age 30.

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There is no other part of the world that is as young as the Middle East. And we've been doing this study over the last nine years.

So the value of the survey is, you know, how are young people changing their views? And what we see this year is fairly different from what we saw in the hey-days (ph) of the Arab Spring in 2011 when people had a revolutionary trend. They were speaking of the best days ahead of them. And things now, they have been tempered with. ANDERSON: That -- and that -- and that, to a certain extent (ph), too many of our viewers may seem very disappointed. You know, there was that sense of revolution. JOHN: Yes. ANDERSON: .of change, this can-do attitude by the youngsters in this region. So what happened? JOHN: I think clearly, you -- you can see in the last six years after the Arab Spring, conflicts have risen -- the Syrian refugee issue, the continuing conflict in Yemen, the Libyan almost -- the crisis in -- in the country and the Iraq issue as well. So when you look at that, so many conflicts. Also in the -- in the rich Arabian Gulf states, there has been an economic issue where, you know, the largest revenue from (ph) the (ph) government has nearly halved from all the $700 billion to nearly about $350 billion. ANDERSON: Talking about oil, of course, yes. JOHN: .in 16 (ph) oil revenues. So when you look at that, there's pressure on governments. And again, after the Arab Spring, more -- the governments are under pressure. They have to prove their legitimacy to citizens. And that's actually putting a lot of pressure. There's a lot of positive energy as well. So when you look at our top study, top finding, it was nearly half the population feel optimistic about the future. But young people in that age group, by default, should be optimistic. So the other half, who are pessimistic, is -- is -- is a concern. ANDERSON: The Middle East region divided is how -- is how you've -- you've worked the formatting of this. JOHN: Yes. ANDERSON: If you live in this region, as we do in -- here in the UAE, in the GCC, it is absolutely no surprise. JOHN: Yes. ANDERSON: .to hear that this is a region divided with the GCC to a certain extent, with the challenges as you have just described, the level (ph), and then, of course, the kind of wider Middle Eastern and North Africa. So what do you take -- what do -- what do the governments in this region take from a survey like this? And what sort of change should we expect? JOHN: Yes, I think the team is an important one because when the outside look at the Middle East, you're looking at this vast land of 350 million people as I said. But when you delve a little deeper into the findings, just one finding, for example, one question we asked young people is that how do you see -- is your country going in the right direction? Fifty-two percent said, you know, going in the right direction. OK. But then you dig a little deeper, 85 percent of that sample from the Gulf countries said, they are hugely optimistic about going in the right direction. But when you look at the sample, which is Levant and Yemen, you know, or what we call the fertile crescent (ph) in Yemen is the diametrically the opposite. Eighty-five percent feel that they are going in the wrong direction.

So you know, Middle East can't be seen in a -- with a broad- brush approach. It's not region. You're distinctively looking at the Arabian Gulf countries -- yes, secure, and not that affected by the Arab Spring. The Levant and Yemen, conflict-ridden (ph) and somewhere in the middle is North African countries, the populous ones, you know, Egypt, Algeria, Tunisia, Morocco. These are -- so you see very -- three very distinct region. And that's why while this might seem obvious, but when you look at the perceptions of these young people, you're looking at a region that is really divided in -- in how they see their current and their future. ANDERSON: It was a pleasure. Thank you, sir. JOHN: Thank you, Becky. ANDERSON: “Middle East, a Region Divided”. It's worth a read. You're watching CNN. We'll be right back. ANDERSON: I want to get you back to what -- what is breaking story this hour. We are learning that the warnings about the fired U.S. National Security Adviser, Michael Flynn, went all the way to the top. Sources say that the former President Barack Obama himself warned Donald Trump against hiring Flynn. Well, that mate meeting happened in the oval office back in November, the news surfacing just hours before what is a Senate panel will hear key testimony on Flynn as part of its investigation into the Trump campaign's ties to Russia. Let's get you straight to Washington. More from Joe Johns, who's live for you this hour. What more do we know at this point, Joe? JOE JOHNS, CNN CORRESPONDENT: Well, I think you hit the headline right there, Becky. The important new information is, yes, this went right to the top, apparently, according to our sources. Then President Obama delivering a warning to then President- Elect Trump about the person he was considering hiring as national security adviser, that would be Michael Flynn, who we all know now was eventually fired by President Trump not long after he took the job. So this meeting occurred two days after the election on November 10, it was. The meeting lasted about 90 minutes. Both the president, then Obama, as well as the president-elect emerged from that meeting with glowing representations, each about the other. Also President Obama indicating he was going to do everything he could to help the incoming Trump administration become a success. So the question that arises here, obviously, and I think our viewers know very well is if the system was, in fact, blinking red on the issue of Michael Flynn being the national security adviser, because other people like Sally Yates had apparently raised some questions, too, why was it that Michael Flynn ended up still getting the job, and then getting fired after that? Why didn't the administration listen to the entreaties of the Democrats when Trump was coming into office? All of this against the backdrop of the Russia investigation and questions about Russia interfering in the last election to the benefit of Donald Trump. Becky? ANDERSON: Joe, with that, we're going to leave you there. We thank you very much indeed for joining us. That story is not going away, CNN all over it. I'm Becky Anderson. That was "Connect the World." Thank you for watching. END

(By Editorial Team, Weekly Analysis)

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Research Articles for CSS Essay Topics

I. Introduction to Rule of Law

Introducing Rule of Law It is a political framework which creates a culture that creates respect for and feels confident about legal system. Rule of law vs. Rule by law:

Under the rule by law the law serves as a tool for the government while under the rule of law the law is prominent, can check against abuse of power. According to Prof. Diecy, rules of law contains three principles or it has three meanings as stated below:

Supremacy of Iaw, lack of arbitrariness- the power of the government is limited

Equality before Law No special treatment for different

people

Predominance of Legal Spirit i.e. constitution as a general

principle of law Two Functions of the Rule of Law 1. One Function of the Rule of Law is to Impose Legal Restraints on Government Officials, In Two Different Ways: A) By Requiring Compliance With Existing Law; and B) By Imposing Legal Limits on Law-Making Power. 2. A Second Function of the Rule of Law is to Maintain Order and Coordinate Behavior and Transactions among Citizens. Primary Benefits of the Rule of Law

1. Enhances Certainty, Predictability, and Security in

Two Arenas: Between Citizens and the Government (Vertical), and Among Citizens (Horizontal).

2. Restricts Discretion of Government Officials, Reducing Willfulness and Arbitrariness.

3. A Peaceful Social Order is Maintained Through Legal Rules

4. Economic Development is Facilitated by Certainty, Predictability, and Security, For Two Basic Reasons.

5. Fundamental Justice of the Requirement That the Rules Must be Applied Equally to Everyone According to Their Terms.

Basic Elements in Establishing the Rule of Law

Orientation

SocietyAmong

Citizens and Government OfficialsThat the Law Does Rule and Should Rule.

2. Presence of an Institutionalized, Independent Judiciary.

3. Existence of a Robust Legal Profession and Legal

1. Widely

Shared

Within

Tradition Committed to Upholding the Rule of Law. Lon Fuller’s view on Rule of Law

1. In his book, The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:

2. 1. Laws must exist and those laws should be obeyed by all, including government officials.

3. 2. Laws must be published.

4. 3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person

of a crime committed before a criminal statute prohibiting the conduct was passed.

5. 4. Laws should be written with reasonable clarity to avoid unfair enforcement. 5. Law must avoid contradictions.

6. 6. Law must not command the impossible.

7. 7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.

8. 8. Official action should be consistent with the declared rule.

Ideal characteristics of a society governed by the rule of law

1. The law is superior to all members of society, including

government officials vested with executive, legislative, or

judicial power. 2. The law is known, stable, and predictable. Laws are applied equally to all persons in like circumstances. Laws are sufficiently defined and government discretion sufficiently limited to ensure the law is applied non- arbitrarily.

3. Members of society have the right to participate in the

creation and refinement of laws that regulate their behaviors.

4. The law is just and protects the human rights and dignity of all members of society. Legal processes are sufficiently robust and accessible to ensure enforcement of these protections by an independent legal profession.

5. Judicial power is exercised independently of either the

executive or legislative powers and individual judges base their decisions solely on facts and law of individual cases. What makes up the rule of law?

No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land. ARTICLE 39, MAGNA CARTA (1215)

In 1215, King John of England signed the Magna Carta (or Great Charter). A group of barons, powerful noblemen who supported the king in exchange for estates of land, demanded that the king sign the charter to recognize their rights. Article 39 of the Magna Carta was written to ensure that the life, liberty, or property of free subjects of the king could not be arbitrarily taken away. Instead, the lawful judgment of the subject’s peers or the law of the land had to be followed. So what does this ancient document have to do with the rule of law? Quite a lot. It recognizes that a person’s fate should not be in the hands of a single individualhere, the king. It demands that a judgment against a person be made in accordance with the law. Magna Carta planted the seeds for the concept of due process as it developed first in England, and then in the United States. Due process means that everyone is entitled to a fair and impartial hearing to determine their legal rights. If men were angels, no government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control

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the governed; and in the next place oblige it to control itselfJAMES MADISON, FEDERALIST PAPER NO. 51

(1788)

James Madison’s quote from the Federalist Papers gets at the heart of the problem that even a government of law is ultimately “administered by men over men.” The framers of the U.S. Constitution addressed this problem by dividing power among the different branches of government (legislative, executive, and judicial). This framework for government, known as the separation of powers, ensures that no one person is able to gain absolute power and stand above the law. Each branch of our government has some level of control or oversight over the actions of the other branches. The rule of law does not depend upon a U.S.-style separation of powers. In a parliamentary system, for example, the powers of the executive and legislative branches are combined; procedures such as “no confidence” votes and regularly scheduled elections serve as a check on the party that controls the parliament. The key point is that every form of government has to have some system to ensure that no one in the government has so much power that they can act above the law.

To make laws that man can not and will not obey, serves to bring all law into contempt. It is very important in a republic, that the people should respect the laws, for if we throw them to the winds, what becomes of civil government? ELIZABETH CADY STANTON (1860)

It is very difficult for a nation to maintain the rule of law if its citizens do not respect the law. Assume that people in your community decided that they didn’t want to be bothered by traffic laws and began to ignore stop signs and traffic signals. The ability of police officers to enforce the laws would be overwhelmed and the streets of your community would quickly become a chaotic and dangerous place. The rule of law functions because most of us agree that it is important to observe the law, even if a police officer is not present to enforce it. Our agreement as citizens to obey the law to maintain our social order is sometimes described as an essential part of the social contract. This means that, in return for the benefits of social order, we agree to live according to certain laws and rules. Elizabeth Cady Stanton’s quote also highlights another important aspect of the rule of law. People must be asked to obey laws that they can and will obey. If laws become impossibleor even difficultto follow, the respect of citizens for the law will begin to erode. There can be no free society without law administered through an independent judiciary. If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny.U.S. SUPREME COURT JUSTICE FELIX FRANKFURTER, UNITED STATES V. UNITED MINE WORKERS (1947)

Judicial independence means that judges are independent from political pressures and influences when they make their decisions. An independent judiciary is essential to maintaining the rule of law. Judges should not be pressured by a political party, a private interest, or popular opinion when they are called upon to determine what the law requires. Keeping the judiciary independent of these influences ensures that everyone has a fair chance to make their case in court and that judges will be impartial in making their decisions. Judges also must explain their decisions in public written opinions,and their decisions can be appealed to a higher court for review. These elements of judicial decision-making ensure that judges remain accountable to the rule of law. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to

assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist himJUSTICE HUGO BLACK, GIDEON V. WAINWRIGHT, 372 U.S. 335 (1963)

The Supreme Court’s opinion in Gideon v. Wainwright secured the right to counsel for indigent criminal defendants unable to afford legal assistance on their own. The decision in Gideon was grounded in the Sixth Amendment to the Constitution, which guarantees criminal defendants “the assistance of counsel.” At issue in Gideon was whether this guarantee of assistance required the state to provide legal counsel if a defendant could not afford to exercise his or her constitutional right.

In a criminal trial, the state has many resources at its disposal, including lawyers who prosecute the state’s case. As Justice Black notes, it is difficult to claim that a defendant has been treated with fairness and impartiality and has been given equal standing before the law if the defendant must face the state without a lawyer of his or her own. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. MARTIN LUTHER KING, JR., “LETTER FROM BIRMINGHAM JAIL” (1963) The words of Martin Luther King from Birmingham Jail remind us that there is a distinction between law and justice. The law, even if it is uniformly applied, does not in itself guarantee a just result. The rule of law is intended to promote stability, but a society that operates under the rule of law must also remain vigilant to ensure the rule of law also serves the interests of justice. As this quote points out, the continued strength of the rule of law sometimes depends on individuals who are willing to risk punishment in pursuit of justice. [N]either laws nor the procedures used to create or

implement them should be secret; and

the laws must not be

arbitrary. U.S. COURT OF APPEALS JUDGE DIANE WOOD, “THE RULE OF LAW IN TIMES OF STRESS” (2003) Judge Wood’s comments highlight the need for, first, an open and transparent system of making laws and, second, laws that are applied predictably and uniformly. Openness and transparency are essential. If people are unable to know and understand what the law is, they cannot be expected to follow it. At the same time, people deserve to know why a particular law has been passed and why they are being asked to obey it. The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist. When we [Americans] talk about the rule of law, we assume that we’re talking about a law that promotes freedom, that promotes justice, that promotes equality. U.S. SUPREME COURT JUSTICE ANTHONY KENNEDY, INTERVIEW WITH ABA PRESIDENT WILLIAM NEUKOM (2007). Justice Kennedy suggests that the rule of law has taken on special meaning for the people of the United States, based on our history of looking to the law to fulfill the promises of freedom, justice, and equality set forth in our nation’s founding documents. As will be further discussed in Part II of the Dialogue, our understanding of the rule of law in the United States did indeed develop around the belief that a primary purpose of the rule of law is the protection of certain basic rights. The United States Constitution represented the first effort by a nation to establish a written constitution of laws that would bind the government and guarantee particular

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rights to its people. Today, the rule of law is often linked to efforts to promote protection of human rights worldwide.

The Rule of Law Problems in Pakistan: An Anthropological Perspective of the Daughter’s Traditional Share in the Patrimony in the Punjab

(By Azam Chaudhary, Professor, National Institute of Pakistan Study, Quaid-i-Azam University, Islamabad.)

Abstract This article is a contribution to the ongoing debate about implementing rule of law in Pakistan. Rule of law requires the unity of law which is mostly in the form of state law. Pakistan is a legally plural society where completely different and independent systems of law like the Islamic law, the state law and the traditional law exist. The state and the state law though do not acknowledge and accept the non-state laws as laws but the reality is that the dominant practiced law in Pakistan is the traditional law. Traditional law is found in a variety of forms like panchayts, jirgas, informal meetings of families, is dispensed by pirs, or chaudharys, etc. This is because people practice law according to their social structure and value system. This article discusses the traditional law and uses the case study of daughter’s traditional share in her parent patrimony to prove the above assumption. The daughters do not claim their shares in the patrimony but have other rights and obligations which in my view suit the local cultural logic and practices. The state law does not fit well with the existing cultural values and practices. If the state wants to implement rule of its law it has to first implement uniform socialization in the form of universal formal (school) education.

The active debate about the rule of law is comparatively a recent phenomenon in Pakistan. It all started with the dismissal of Chief Justice of Pakistan on Nov. 2007 by the then military chief/President General Pervaiz Musharaf. The lawyers launched a movement for the restoration of the Chief Justice. This movement is often referred to as the movement for the rule of law. People from all sections of the society Lawyers, civil-society organizations, human-rights activists, journalists and academics participated in this movement. The electronic media played an especially active and dominant role in making this movement popular and successful. Some political parties like Muslim League (Nawaz) made the

restoration of the independent judiciary (the rule of law) a major agenda point in the 2007 elections and earned tremendously the public vote and sympathy as a result. The Chief Justice who henceforth became a symbol for free judiciary himself in his several speeches stressed the importance of the rule of law for Pakistan. The many seminars and talk shows on a number of mainly news TV channels discussed the issue of the rule of law in Pakistan. The demand and introduction of Nizam-e-Adal (also sometimes translated as Sharia or Islamic law) or even insurgency in Swat is often interpreted as the lack of the rule of law. What is meant by the rule of law and how to achieve it has but never been properly discussed. Introduction We know from the relevant literature that there are at least three broad types of laws prevailing in Pakistan: the state law, the Islamic law and the customary law. The same literature also reveals that the most prevalent law of the country is customary law. The rule of law requires the implementation of the national law or the law of the state (details later). We know that the official law and the customary law are two different things. The traditional law is said to functions according to the local values/culture of the people which is caste/kinship/tribe based. The official law follows values like individualism which are imported values/concepts of Western society . The question is; how could the implementation of the state law be achieved in such circumstances? The first necessary step for the implementation of the rule of law is achieving the unity of law. An important question in this regards is if the unity of law is achievable? To be able to answer this question we need to know if customary law is undergoing a change more particularly whether local culture could be socially engineered to achieve this unity of law. This article is an attempt to discuss these and some other questions with the particular focus on the relevance of culture for the rule of law in Pakistan. Some of the background questions are: What is meant by the rule of law? Why there is rule of law in some countries, for instance, Germany and why it is absent in others, like for example, Pakistan? The final and important question is if the achievement of the rule of law which requires fundamental changes in social structure is a desirable step?

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The daughter’s share in the patrimony in the Punjab where the author did his fieldwork has been chosen as a case study to illustrate the whole debate. Anthropologists are may be unanimous in their views that: “the way a people settle disputes is part of its social structure and value system.” 12 There is a wide gap between the official/Islamic law and the customary law practices with regards to the share of the daughter in the property of her father. The overwhelming majority of the people in the Punjab particularly in the rural areas follow customary law which is that the daughters do not claim13 any share in the property of their parents. In my view the social structure of the Punjabi society in general and the rural Punjab in particular is such that for the daughters/sisters not getting a share in the patrimony is socio-economically more beneficial than the legal half share (compared to their brothers) they have claim to. The Punjabi society is a kinship based society. The ideal/kern relationship is a brother/sister relationship and not a husband wife relationship. Claiming the share by the sisters would mean taking away from brother and handing over to the husband which is said to be a relationship of three words talaq pronounced three times - whereas the brother-sister relationship is an ideal of the Punjabi kinship relationship.

My view is that if we want to change, for instance, the traditional law of daughter’s patrimony for implementing the official/Islamic law the social structure particularly its kinship base has to be changed fundamentally. Because the rule of law as Krygier and Mason define it is “a state of affairs, with complex, multi-layered elements of various provenances, rather than any particular set of institutions. Most aspects of a society its balance of power, economic structure, family patterns, education, media, as well as legal institutions are relevant to the degree the rule of law prevails with it.” Having said this, it is important to bear in mind that the socially engineered changes do not only often fail in achieving the desired results they may also frequently lead to totally undesired ‘side effects’. In other words implementing official share of daughter in the patrimony means changing marriage practices, destruction or at least replacement of present (joint/extended) family and kinship system with a nuclear family making individual as supreme as in the West (discussed in detail in later part of the article). The question is not only if such changes are instantly possible the more important question is if these changes are desirable as destination. I am personally not very sure if the Western styled individual based ‘contract’ society with free market ideology, individualism and capitalism is a preferable alternative to the ‘status’ based kinship society. The idea that change could be brought 56\ one area i.e. law of inheritance without affecting the other i.e. the nature of social structure and kinship may not possibly work. What is the problem for me as an anthropologist with this state of affairs called the rule of law? Let me start by saying that anthropologists have no problems if the unity of law (in the sense that no or at least no major and basic difference exists between the law of the state and the local culture) already exists. Having written this it is a fact accepted by all including jurists that the unity of laws does not exist in the developing countries like Pakistan. We know that even the most developed countries in the world are culturally and legal plural. The difference between the developed countries like UK, Germany, etc. and the developing countries particularly those having a colonial past like Pakistan is the

degree of the gap or difference between the official law and the local culture or customary law, the gap being largest in the developing countries. The problem for anthropologist is not only that “the paradigmatic concept of law is … one and only law of the national state” but the idea that the unity of law is achievable and has to be achieved. I would like to present the view below that the attempts to achieve the unity of law in the name of science and rationality are actually implementing the customs of the majority and dominant groups/countries at the cost of the dominated, weak and minority.

Jurisprudence in my view remains the most conservative of all the social sciences particularly ideas like the rule of law because it is based on the same principles of rationality and universality found in the 18th and 19th century debates of natural law and positivist principles. This is “most evident today in current arguments about universal human rights” The natural law theory assumes “the existence of a universal, underlying system of ‘justice’ and ‘right’ which is distinguishable from mere human enactments, norms and judgments”. Positivist theorists were disturbed with these ideas of the natural law only for its being “unscientific, that it was grounded on a mythical entity, and that it confused law with morality.” The social sciences are, at least since the last quarter of the 20th century, very critical of any ideas of ‘universally valid reality’ and particularly the view that this reality could be found out by the so called ‘scientific’ methods. The Orientalism related debates have brought forward the views that texts (laws) exist in contexts i.e. cultural contexts and that there are no methods discovered for detaching knowledge, or so called ‘facts’ from politics and ethnocentrism.

The most problematic aspect of the ‘doable’ view in the rule of law is that it is approached in a very what Krygier has called “breathtakingly mechanistic’ way. It is assumed that “Aid providers know what endpoint they would like to help countries achieve the Western-style, rule-oriented systems they know from their countries … ” In-spite of the fact that we know that “law related practices … developed over long periods, and … with little deliberate design to produce the results they have. To pluck out of this dense thicket of institutions, cultures, traditions, mores and practices, merely the formal rules or architecture of legal institutions is simply to pick at leaves.” We also are aware that: “most of the greatest success stories of the rule of law owed nothing to professional rule-of-law promoters. The notion is based on the assumption that ‘a country achieves the rule of law by reshaping its key institutions to match those that are considered to have the rule of law. So in short “build them and they will come.”

In short in debates about achieving the unity of law for the rule of law the local cultures especially those of the minority groups become irrational, unscientific at worst an irritant or an evil necessity that need to be removed. The attempt to bring about the unity of law for the rule of law does not end in the national boundaries. Looking at the transnational impacts including the colonial past the unity of law is deemed to end up in attempting to convert all the non-western laws into the Western law. My basic focus in this paper is not to show how the unity of law is attempted at the cost of the local cultures but to show that local culture is not irrational and illogical as it is presented in the unity of law and the rule of law debates. Being cultural relativist

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I am of the view that customary law as part of culture has its own logic and that this local cultural logic needs to be understood in its own cultural context.

Talking about legal pluralism in countries like Pakistan is acknowledging the existence and relevance of several legal orders instead of ignoring them as the jurists at least officially do. The rule of the state law may be taken as an ideal to be achieved in the long run. Important for achieving this idea is also realization that the gap between the practice and official (ideal) should not be so big that it is impossible to bridge. Therefore a practical approach should start by accommodating the local culture (legal pluralism) and adopt a slow and steady long term approach to achieve the ideal (more details in conclusion). If we want to bridge the gap we have to learn the logic in the local customs so to say to find the local wisdom instead of only looking towards the West and to accommodate it in the reconstruction of the state system of law.

This is a theory that can account for a situation in which different value systems of somewhat equal moral validity can operate together by accepting the norms generated with multiple centers and by creating semi-autonomous fields for their implementation. The logic in traditional practice of daughter inheritance

There is a wide gap between the theoretical official/Islamic law of inheritance for the women and the customary law. A following small selection of verses from the Quran lay down the foundations of the Islamic/official law of patrimony in Pakistan.

Allah chargeth you concerning (the provision for) your children: to the male the equivalent of two females, and if there be women more than two, then theirs is two-thirds of the inheritance, and if there be one (only) then the half. At the end of the same Surah, there is a provision for the collaterals:

They ask thee for a pronouncement, say: Allah hath pronounced for you concerning distant kindred. If a man die childless and he have a sister, hers is half the heritage, and he would have inherited from her had she died childless. And if there be two sisters, then theirs are two-thirds of the heritage, and if they be brethren, men and women, unto the male is the equivalent of the share of two females.

In order to make these provisions imperative and enforceable, God promises divine reward for abiding by them and prescribes divine punishment for disregarding them in the following words of the Quran:

These are limits (imposed by) Allah. Whoso obeyeth Allah and His messenger, He will make him enter Gardens underneath which rivers flow, where such will dwell forever. That will be the great success. And whoso disobeyeth Allah and His messenger and transgresseth His limits, He will make him enter Fire, where such will dwell forever; his will be a shame full doom.

The practice in the Punjab especially in the rural areas is that the daughters or sisters do not claim any share. The prevalent practice is that the daughters/ sisters relinquish their patrimony rights especially landed property rights by signing away their inheritance to their brothers. I do not want to follow here the argument that dowry and other gifts to the daughter/sister are equivalent or not of her share. The village where I did my fieldwork only two sisters have claimed their inheritance and both of them were married and lived in the same village and as a first instance had conflicts with their brothers. This is in-spite of the fact that all those women who have contacted official courts for securing their inheritance rights got a sympathetic verdict. Shaheen Sardar Ali a prominent Pakistani lawyer and activist in the field of women rights and status in Pakistan provides us very interesting detailed analysis of inheritance disputes from the record of the higher courts in Pakistan. She writes: “From 1947 to date we find that whenever a woman has approached the superior courts for protection of her right to inherit, she has met with a very positive response.” She remarks further that: “…, in comparison to other areas of family law, the quantum of cases raising issues of inheritance and succession rights for women is extremely low”. She asks: why in spite of favourable decisions by the courts there are so few cases for patrimony keeping the fact in view that almost no women receive their share? Answering the self raised question she writes that the pressure from both family and society to forego one’s inheritance is so compelling for women that they are simply unable to raise their voices and forced to settle oft of court.

My question is why this pressure does not function when the same women go to courts against their husband for divorce and custody. I am of the view that women do not want to claim their share because they will end up as losers. As has already been mentioned it means that the Punjabi society is a kinship based society where brother-sister make the kern of the system compared to husband and wife which is a contract relationship. Claiming share by the sister would simply mean taking from the brother and giving it to the husband.

Brother-sisters as kern Relationship in Punjabi kinship system

The brother sister relationship has to be understood in the light of the marriage rules and family system of the Punjab. The central assumption of this paper to state once more is that because sister-brother and not husband-wife make the core of the social structure and kinship system of the Punjab the daughters/sisters do not claim their share. The question is how this kinship structure influences the not demanding of share in the patrimony by the sister? First let me explain how it is the sister and brother and not husband and wife that lie at the centre of the Punjabi kinship. I want to start with one of the most famous love epics of the Punjab, Mirza Sahiban.

According to the details relevant for us Mirza came to take Sahiban away before her family married her of to somebody else. Sahiban tells Mirza on their way how cruel and strong her brothers were and that they would kill both of them if they found them. Mirza proudly told her his marksmanship with his bow and arrows. As a demonstration he successfully aimed at the peak of a flying pigeon. During their further journey Mirza got

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tired and they stopped for a rest where Mirza fell asleep. As soon as Sahiba saw her brothers approaching she broke the head of all the arrows. Sahiban’s love for her brothers overtook her love for Mirza or even love of her own life. I think this love epic shows the ideals of the Punjabi kinship.

In several M. Sc. classes at the Quid-i-Azam University, Islamabad I asked female students as to who among them would demand her share of the patrimony? The response average ranged between zero and one among ten female students. The sisters in the Punjab continue to dominate the houses of their fathers and brothers long after their marriages. A wife is considered an outsider who comes and destroys the family which is ideally joint and extended. This is expressed in proverbs like: Ooan prayan jayan laraon sakyan bhayan (‘the alien come into the house and make the brother fight each other’). The relation between the family of the groom and the family of the bride is of antagonism and mistrust. This may be observed at the time of marriage ceremony. The groom’s party enters the village of the bride shooting in the air, using crackers for making noises, beating drums, riding cars resembling an attack on the village as if it was a ‘marriage by rob’. The groom and his people could be asked to perform a challenging job that could include things like shooting at a difficult aim, solving a puzzle, or a challenge in riding, etc. before they are given the hand of the bride.

Marriage negotiations that take place before the actual marriage are also full of mistrust. Both parties exaggerate in matters, for example, relating to economic status, education, age, etc. All the social networks are used to reach the truth. This mistrust continues after the marriage, at least the first years. The mother-in-law fears that the bride wants to establish an independent household, i.e. try to disintegrate the joint family of her sons. She therefore does not want her sons to be intimate with their wives. Thus, it is a common value in the village that the men of honour and prestige spend little time at home with their women folk. They come to their homes only for short whiles and even eat preferably at men’s places like dera, hawaili and thara. The wife similarly fears being divorced and robbed of her dowry including the costly golden jewellery. In the worst case the relation of husband and wife is said to be a three words relation (‘divorce, divorce and divorce’) and woman is often compared to shoes which one wears if they fit. Original Punjabi saying goes: “Aurat te paer de juti ae puri aie te palaie neh te badal laie”)

In contrast the relationship of sisters and brothers is of love, obedience, respect and trust in the Punjab. ‘The most cruel person turns into wax for daughters and sisters’, goes a saying. Paradoxically though daughters and sisters are called ‘guests’ (prouhnian) at the homes of their parents. Thus, parents start preparations for their daughter’s departure, i.e. marriage, right after their birth. The issue of the daughter’s departure is so emotionally charged in the Punjab that people already start crying or at least get moisture in their eyes when this topic is mentioned, for example, in folk wedding songs like: Dhian taee dhan praya be bawla tun piayar kiyun aina paya be bawla (‘Daughters belong to the others why did you fell in love them oh father’). There are similar songs of daughter’s complains of married of to places far away from the homes of their father and brothers: Bawal da baira shad

ke wieran tu door challi … (‘Going for away from the courtyard of the father and brothers, far away from toys and joys’). Much of these might be ideals but they shape the nature of Punjabi society. The closest relationship for a woman in the Punjab is that to her brother. The other most loveable relationship in the Punjabi kinship system is of mammon i.e. mother’s brother. The maternal grandparents, particularly the grandmothers, are famous for their love of the children of their daughters, though parents are more worried if their sons do not get children, especially male.

The daughters continue affecting the life in the houses of their brothers at least as long as their parents live. If sisters have quarrels or difficulties with their husbands, the wives of brothers face the same. This is most clearly the case in exchange marriages. Women even after their marriage call their natal villages and families as their ‘real’ (sada pend or sada ghar) villages and houses. From daughters/sisters the women directly become mothers consanguine relatives - without ever becoming wives in the Western sense. Only by becoming mothers, particularly of sons, women get their place in the household of their husbands.

Now a woman can hardly be divorced. If the husband dies, the woman will be kept in that household only if she has children, particularly sons; otherwise she goes back to her parents’ house.

That the relation of brother and sister decides the nature of the Punjabi family and society is also evident from the system of gift exchange called Vartan Bhaji in ethnographic literature on the Punjab. Vartan Bhaji consists of two words: Bhaji is usually translated as ‘sweats’ and Vartan as ‘distribution’ or ‘dealing’, combined ‘dealing in or distribution of sweats’. This is a very elaborate system of gift exchange that Eglar called ‘dealing in relationships’. Bhaji is not the whole gift exchange but the sweats only. These are the sweats a woman brings from her parent house, i.e. actually the house of her brother, for her in-laws. These sweats are meant for distribution in the sharika, i.e. patrilineage of her husband, which is actually also her sharika. Thus women in the Punjab loose their sharika (biradari) after marriage and become a part of their husband’s sharika. This is why people say that women have no zat, no biradari or sharika of their own.

One could also argue from a different point of view that the women actually lay the foundation of the sharika. The one time brothers, through their wives, become sharik (enemy) in the form of their sons. The foundations of this new relationship are laid down by the sister’s brother in the form of sweats. This relationship between sister’s brother and her husband is very ambivalent. Thus, on the one hand, the sister’s husband is the most important guest for any Punjabi family. As a matter of fact, when Punjabis introduce somebody as ‘our guest’ (prouhna), they mean that he is their sister’s or daughter’s husband. In case of any trouble for the sister or daughter he becomes the worst enemy. The term for wife’s brother is sala which is actually also an abuse. This is a person who is actually robbing that (sex of the sister) what the Punjabi brothers protect even at the cost of their lives. The Bhaji relationships between brothers, patrilateral parallel cousins, patrilineage at the extreme end i.e. the whole biradari are of equality, fraternity hence of competition that eventually turns into enmity. The relation of Vartan Bhaji

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between brothers and biradari brothers are dealt with by the women, i.e. wives, and then transferred to daughter-in-laws. Here lies the crux: Wives are strangers between the brothers and due to competition and mistrust the brothers become enemies in the form of cousins.

Married sisters also get their share of the Bhaji that their brothers’ wives bring from their brothers’ or fathers’ houses. Bhaji with sisters/daughters is, however, not operated by the wives but is dealt with by their mother, father or brothers themselves. The gifts which the sisters/daughters get are called Thehi Tehan, an expression which can be translated as ‘giving to the daughter’. On occasions such as religious festivals (Eids), marriages of brothers, birth of sons, their circumcision, or later on the sad occasions of parents’ deaths, in short every time the daughter/sister visits her family.

Every time there is a celebration in the family of the married daughter the parents go loaded with gifts for the whole family. The most celebrated occasion is the marriage of the children of the daughter. Her parents and brothers bring what is known as nankishak and which covers almost the biggest part of the bride’s dowry especially the marriage of first daughter. When the brothers establish their own independent households or when the parents are dead the role of father is taken over by the brothers. The sisters are said to become ‘daughters’ of the brothers after the death of the parents. Thus, Punjabis say that brothers are never younger than their sisters and that the elder brothers are like fathers to them. Hence all brothers are like fathers and therefore they give Theh Thehan. This does not mean sisters do not give gifts. They also bring gifts for their sisters-in-law and brothers’ children but they receive many times more.

In my view, the traditional rights of the daughters/sisters in the Punjab are compatible with their position and role in the family and society. The State/Islamic law reserves the share of the daughter in the property of her father. It is my assumption that the daughters do not claim their official/Islamic share in the property of their fathers/brothers because what they have to give up is more than what they would get. What she has to sacrifice against her legal share is her relationship to the natal family. In other words if a women claims her part of inheritance she will have to do it at the cost of her relationship with her stem family. This is particularly important for her in a society where women can be divorced without any claim on the property of their husbands. The women return to the family of their parents/brothers in case of the death of their husbands in case the couple was still childless. There are hardly any examples and possibilities of women to live alone, i.e. without men who are her fathers, brothers, husband and sons. However, a woman who claims her legal/Islamic share of her parental property decides for such a fate for her. In other words she becomes a brother instead of a sister.

The next section brings a brief sketch of the prevalence of the rule of law in Germany from my fieldwork experiences there. This short introduction and discussion I believe should enable us to better understand the problems relating to the rule of law of Pakistan.

The rule of law in Germany: Some observations

A small group of pedestrians waited on a red traffic signal when

I reached the spot. I looked first right then left and having found

no traffic in sight set my foot to cross the street. “Rooot! (Red!), cried somebody from the group. This was by no means an exception (in the sense that I was a foreigner though that might sometimes strengthen the check), you often hear people shouting at, for example, smokers in non-smoking zones “Nichtraucher” (no smoking), or bicyclists going astray to the pedestrian portion: “Fussgaengerweg!” (footpath!). Once I witnessed an old man walking on a bicycle path. A young lady came riding a bicycle. She rang the bicycle bell constantly and started shouting as she approached the old man who could barely hear but definitely move only at a slow pace. Astonishingly some two meters free space on the right side was available as well as over

a meter on the left side of the bicycle path. The lady stopped and

insisted upon the privilege of her bicycle lane. The best examples

come from the household waste management. Household garbage is sorted into different categories like organic, inorganic, paper, glass, compost, etc. and families living in different apartments of a building share common garbage containers. Depositing the garbage into the wrong container or garbage not sorted out leads to a number of disputes. Shocking for many will undoubtedly be the revelation that the neighbours know even minor details about the contents of one’s garbage. I have observed with amusement people washing their plastic garbage before throwing it into garbage containers.

Gellner provided us a detailed account of how a relative ‘homogeneity’ of views or what Geertz has called ‘civil sentiment’ is achieved through state run formal education in industrial societies. In his view:

Men acquire the skills and sensibilities which make them acceptable to their fellows, which fit them to assume places in society, and which make them ‘what they are’, by being handed over by their kin groups (normally nowadays, of course their nuclear family) to an educational machine which alone is capable of providing the wide range of training required for the generic cultural base. This educational infrastructure is large, indispensable and expensive. Its maintenance seems to be quite beyond the financial powers of even the biggest and richest organizations within society, such as the big industrial corporations.

This education that Gellner has named ‘exo-socialization’ is “the production and reproduction of men outside the local intimate unit” furthermore this exo-socialization is “universal, standardized, and generic” and is “now the norm” in industrial

societies. This, in his views, linked the state and culture which as

a result has made the informal socialisation by the family and

open society identical or insignificant compared to the exo- socialization that has been mentioned above. The loyalty to the kinsman is superseded by the loyalty to the state. Gellner called this state of affairs in the industrial society ‘the Mumluk conditions becoming universal’.

Let us go back to the case of Germany to see the impact of state socialization. The focus of the socialization here is making children independent individuals in life. This starts already from

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the birth on. Babies get their own beds, toys, bedrooms, etc. After reaching 18 years of age the pressure starts growing to leave the parents’ house and those who do not manage it in time may be called Muttersöhnchen (‘weaklings’), or the like. One might hear one of the parents, mostly the father, saying ‘was sucht er hier noch’ (‘what is he doing here’)? The successful partnerships or marriages now a days in Germany are considered those where partners have maximum independence. People learn to live independently and are not ready to give up their independence. This socialisation produces individuals, disintegrates the family and destroys kinship system. This vacuum is filled by the state through socialization that we called formal socialization (schools, Universities) that is rational even scientific.

In sharp contrast to industrial societies like Germany, there are several different forms of socialisations prevailing simultaneously in post-colonial societies like Pakistan. We can divide these forms of socialisations in Pakistan into two main categories, i.e. informal (family, kinship, peer groups, society as large, etc.), and the formal, i.e. imparted at the private/public educational institutions {religious schools (madaris), private and government run school systems}. There is no universal education in Pakistan. Similarly the education imparted at the different formal institutions - the madrasa, private schools, and government schools - is very diversified in nature. In most of the private schools for example, the medium of instruction is English and the syllabus is imported. Most of the government-run schools still seem to follow the colonial agenda of producing clerks. The madaris, further, appear to be teaching as if in the middle- ages, both in terms of style and content. Furthermore, formal school education is acquired primarily to secure government/quasi government jobs. The socialisation in the families, kinships, peers and the society at large - that which may be considered ‘real’ socialization - is markedly different from formal or state socialisation. The informal local socialisation furthermore differs from group to group and region to region. As a whole we could say that the main characteristics of education in Pakistan are cultural differentiation and cleavage rather than homogeneity, as is the case in industrial society.

Discussion and Conclusion

This article discussed the rule of law problems in Pakistan with the help of a case study of daughter’s patrimony in the Punjab. The rule of law if defined as dominance of the well defined and well known laws state law - is almost absent in Pakistan and if defined as a state of affairs which is almost never complete and there is always a degree of prevalence then Pakistan falls in the very low degree of prevalence category of the rule of law countries. The rule of law requires unity of law which is achieved in the form of state law. Pakistan is legally plural having state law, customary law and Islamic law being practiced here. The dominantly practiced law in Pakistan could be safely said to be the customary law. We wrote in the case of daughter’s share in the patrimony that the theory of the official law is very different from the prevalent customary practices. This phenomenon is not limited to the daughter’s patrimony alone,

it is found in many other fields too. Daily newspapers frequently report stories relating to the marriages where the customary practices still prevail despite ruling of the Supreme Court of Pakistan for the reverse in case of the so called love marriages.

We know from other enumerable cases that the court verdicts have almost no validity. The families of the women are ready to go to any length for acting upon their custom. Many couples have been killed in-spite of the verdicts of the superior courts. Another important area to mention is related to honor killings and blood feuds in Pakistan. According to the report a famous Jirga (council of village elders) in Sindh met to decide an old blood feud. In its verdict the jirga ordered some innocent girls to be given in marriage to the aggrieved family. The interesting aspect of this case was that a Member of the National Assembly, the District Mayor and the Tehsil Mayors (all of them are supposed to represent the state and uphold the state law) were members of this jirga. This is by no means an exceptional case. Exceptional is perhaps that the Supreme Court of Pakistan took a suo motu action, cancelled the verdict of the jirga, and declared that it was an illegal, parallel system. The next day there was a “province wide crackdown against the jirgas by the police”.

The giving of girls in marriage to end blood feuds, usually of ancient origin, is known as Swara or Vanni and is an age-old practice in the tribal areas of North West Frontier Province, Sindh and Balochistan. The panchayats/jirgas are headed by powerful, influential, aged and respectable personalities. In the above case the jirga included political leaders from almost the highest level in the area. The meetings of the Jirgas/Panchayats are made on the request or by the consent of the parties involved and most of their decisions are compromises arrived at after discussion with these parties. The decisions of these panchayats/jirgas in my view reflect the values/traditions/culture of the people. The decision of the court is made keeping in view the laws which have their origin in the West and which as Moore wrote “examine one distinct dispute under ‘laboratory conditions’ following the western values of individualism, universal human rights, women right, etc. Nothing against them but since they are not according to the local values hence they remain rather an empty slogan.

The fact is that people do not accept laws, courts, official law if and where it is against their values. Coming back to the case study what did the Supreme Court of Pakistan ban, and was its ban effective? According to the local custom the consent of women is not sought for their marriages. It is a duty at one level and a prerogative at another of the family or parents to marry off their children. Women who arrange their own marriages are considered almost whores. Such marriages are conducted in secret, and the families of such women loose all honor and respect among fellow villagers. They register cases with the police declaring that their daughters have been abducted. These couples are hunted down and, when they are found, killed (in so called ‘honor killings’), except when sometimes the women are ready to go back to their families and declare in the court that their absence resulted from abduction. In the social context of such practices, if parents are ready to marry off their daughter to somebody without her consent, the Supreme Court cannot prevent it. Moreover, jirgas are constituted informally, without either fixed permanent members or written proceedings. And Jirgas/panchayats are everywhere in a literal sense, whenever five people meet to decide something this is a panchayat/jirga. Besides that, decisions of the courts very often remain unimplemented in Pakistan. The government of Pakistan may want to ban Swara, Vanni, and honor killings, but enjoys the

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support of only a small section of the society, primarily NGOs and some women’s organizations. The society at large still approves the traditional customs.

The important question to conclude the discussion is what should be done? The views about the lack of the rule of state law in Pakistan could be summed up in two groups:

First group is of the view that lack of the rule of law is due to technical reasons. This group consists of mainly the jurists. They believe main problem is the lack of technical facilities which includes lack of courts rooms, computers, less than required personals like judges, police, and their low salaries. This group considers culture only relevant as a hurdle and holds culture for old, conservative, anti-development and anti-modernization therefore at best needs to be removed. This group prefers continuity of the present state of affairs i.e. the state law as theoretically the only law in its present nature following the ideals of the universal values of justice, equity, fairness, basic human rights, women rights, etc. They further believe that the state needs to implement laws forcefully to reach the rule of law.

The second group consists of social scientists mainly anthropologist who see the main problems of the rule of law in the difference between the state laws and the local customs. The lack of technical facilities is important but the main hurdle is the gap between the state laws and the culture following the old wisdom where there is a will there is a way. In the long term we need to change both the official law and the customary practices to minimize if not totally bridge the

gap between the two. For the start the first most important step is to make the base of the state laws polycentric and plural so that local culture is accommodated. It is important that the local culture is treated at par with the official law. My view is that social engineering is most effective if done in piecemeal manners. Legal pluralism means acknowledging the plural base, defining different sub-fields and giving them some autonomy for following the culturally suitable practices. We have already shown with the example of the traditional practice relating to daughter’s share in the patrimony that there is an internal cultural logic of this practice. If we want to change this custom we have to bring about a change in the social and kinship system. It takes a long time to change the kinship and social system of a people. In my view this system developed over a long period of time and is suitable to the prevailing local circumstances. The change in the kinship and social system can be achieved if the state takes over responsibilities like socialization of the people and taking care of their social and health securities which are at present performed by the kinship and social system. The change of system is best achieved if the state takes into her hands the education of it citizen which has to be uniform and universal as was mentioned by Gellner in the case of industrially developed societies mostly of the West. Krygier and Mason wrote that about Germany and Japan:

“In post-war Germany and Japan, the occupiers took charge of education and transformed schools into transmitters of the attitudes that the Germans and Japanese would need in order to sustain and give substance to the new institutions being built.”

Solved Past Papers

Solved MCQs of CSS Compulsory Papers 2015

MCQs of CSS Islamic Studies Paper 2015

1. The literal meaning of “Wahi” is? Peghaam Ponhchana

(To deliver message)

2. Who compiled Quran in the era of Abu Bakar Siddique ?

Zaid bin Thabit

3. What is Sahihain? Sahih Muslim and Sahih Bukhari

4. Slatul Istasqa is the prayer for? Rain

5. Masjid Nimrah is located in? Arafat, Makkah

6. Sermon of Hajj is delivered in ? Masjid Nimrah

7. What are WUD , SUA, YAGHOOS, YAU’Q, NASR ?

Animals of Hazrat Sulaiman (A.S)

8. Last Ghazwa of the Holy Prophet (P.B.U.H) was?

Ghazwah-e-Tabuk

9. Four Sacred Islamic months? Dhil Qaad, Dhil Hajj,

Muharram and Rajab

10. Hadith-e-Taqriri means? Something done by

Companion in front of The Holy Prophet(P.BU.H), which he neither displeased nor prohibited 11.“ Fal Yaboodu “ means ? They should worship (Surah

Quraish)

Falaq)

13. Jadul Anbia is the name given to which Prophet?Hazrat

Ibrahim A.S.

14. Amin ul Ummat is the name given to which Sahabi? Hazrat

Abu Ubaidah Bin Jarrah

15. “Fee- Jeedahaa” means? Around her neck (Surah

Lahab)

16. Banu Thaqeef was located in? Taif

17. The Holy Book bestowed upon Hazrat Essa (A.S)? Injeel

18. Jang-e- Yammah was fought against ? and in the reign of?

Battle against Musailma Kazaab in the reign of Abu Bakr R.A

19. Surah Ghafiroon is the second name of which Surah ? Surah

Mumin 20. Which wives Hazrat Muhammad (P.B.U.H) fathered

offspring? Hazrat Khadija R.A MCQs of CSS Pakistan Affairs Paper 2015

1. Sheikh Ahmad Sirhind was born at? Sirhind

2. The total number of Prime Ministers till 1958 ? Seven

3. Ideology means? Science of Ideas

4. Anjuman-e-Himayat Islami was established in? 1884

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Solved Past Papers

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Weekly Analysis May 4 th 2017

Weekly Analysis May 4

th

5.

Islam means to? Obey

18.

Latitude of a place expresses its regular position relative to:

6.

Which country opposed Pakistan’s membership of UN?

Equator

Afghanistan

7. When did the First Constituent Assembly of Pakistan

address? 11th August, 1947

8. Who was presiding the meeting of Muslim League when it

was decided that Muslim League will established? Nawab

Waqar ul Mulk

9. Who was against Luckow Pact? None

10. "The Reconstruction of Religious Thoughts" in Islam is

written by? Allama Iqbal

11. Who wanted to become the joint Governor General of both

India and Pakistan? Lord Mount Batten.

12. Mangla Dam is situated in which province? Azad Kashmir

(Mirpur District)

13. Who was the First Student of Deoband? Maulana

Mahmoodul-Hasan

14. Sir Syed Ahmed Khan retired as a Judge in? 1876

15. Who was the PM of India at the time of Tashkent

Declaration? Lal Bahadur Shastri

16. Altah Hussain Hali has written “Hayat-e-Jawaid” on? Sir

Syed Ahmed Khan

17. First Martial Law was imposed by? Iskender Mirza

(1958 )

18. Who dissolved the first constituent assembly of Pakistan?

Governor General Malik Ghulam Muhammad(October 24, 1954)

19. The largest concrete dam in the world? Grand Coluee

Dam(It is the Dam on the Columbia River in the U.S. state of Washington)

20. What was the Capital of Sindh during Mohammad Bin

Qasim invasion ? Alore (the medieval name of the city of

Rohri ) MCQs of CSS Current Affairs Paper 2015

1. Operation Desert Shield was launched by US to defend

Saudi Arabia in year:1990

2. Suez Canal was nationalized by Egypt in: July 1956

3. International Peace Day is celebrated since:1982

4. Martin Luther King Jr. was assassinated in the age of: 39

5. Operation Enduring Freedom was launched by US in:

Afghanistan

6. Ozone Layer restricts: Ultraviolet Rays

7. World Water Day is celebrated every year on: