The ‘Paigham-i-Pakistan’ By Dr Muhammad Khan: New Age Islam's Selection, 18 January 2018
New Age Islam Edit Bureau
18 January 2018
• The ‘Paigham-i-Pakistan’
By Dr Muhammad Khan
• Self-Righteous Anger Over Kasur
By Dr Shenila Khoja-Moolji
• Speaking Truth to Power
By Zamir Akram
• The Leadership Crisis
By Rasul Bakhsh Rais
• Nuclear War Clouds Hovering
By Dr Zafar Nawaz Jaspal
• Wavering Pak-US Relations
By Reema Shaukat
• Towards Reforms
By Ghulam Qadir Khan
• Child Protection
By Muhammad Ahmad Pansota
Compiled By New Age Islam Edit Bureau
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The ‘Paigham-i-Pakistan’
By Dr Muhammad Khan
January 18, 2018
WITH the nomenclature of ‘Paigham-i-Pakistan’ a counter terrorism and counter extremism
narrative (Fatwa) was unveiled by the scholars of almost all religious schools of thought in Pakistan. The narrative is nothing new, but a reiteration of the essence of Islam, which rejects the very basis of extremism, radicalism and terrorism. On January 16, 2018, this narrative was formally launched at Aiwan-i-Sadar, Islamabad in a very formal ceremony. The ceremony was attended by prominent scholars from all religious groups, people from academia, international community representatives, and ambassadors of some friendly countries, the political leadership of Pakistan and above all the symbol of unity, the President of Pakistan. The ground work on the Paigham-i-Pakistan Fatwa was done by International Islamic University (IIU), Islamabad. This took over 8-10 months of progressive debate and seminars, participated by wider community of the religious scholars, media people and academicians.
President Mamnoon Hussai while addressing the ceremony said that, launch of this national counter-terrorism narrative is manifestation of the fact that, Pakistani nation is extremely serious to get rid of the menace of extremism and terrorism from Pakistani society. He said, “I believe that this decree, prepared in the light of true teachings of Islam, will transform their hearts and pave the way for their salvation in the hereinafter.” Highlighting the true teaching of this great religion, President also said that, ‘ extremism, bloodshed and suicide-bombing were categorized as spreading evil on earth (Fasaad-fil-Ard), which has no place in the religion, thus stands prohibited and unjustified.’
Indeed, the Constitution of Pakistan is in line with the teaching of the Holy Quran and the Sunnah of Holy Prophet (PBUH). If we follow the constitution of Pakistan in letter and in spirit, all evils in the implementation of rule of business and obstacles in the implementation of true teaching will be removed. “It is our foremost responsibility that we must hold this foundation (Constitution). It is the base which will provide us the strength to achieve a dignified place amongst the comity of nations and enable us to meet the challenges at national level.”
Being the worst sufferers of the terrorism, the people of Pakistan have unanimously rejected the narratives of all terrorist organizations, since they are against Islam and humanity. The word Islam itself denotes peace and Holy Quran ‘teaches love and compassion for every human being’ irrespective of their religion. Indeed, Islam denounces terrorism and the violent and intolerant beliefs. Truly the radicalization, the extremism and the terrorism is not the agenda of Muslims and Islam. Then, why Muslims are blamed for promoting and undertaking this menace of terrorism? A simple answer is that, all major terrorist attacks were either done by Muslims and most of the terrorism is found in Islamic world, therefore they get the discredit. But, nobody has ever tried to unearth the motives behind promotion of radicalisation, extremism and terrorism in Muslim world. This has not been done even by the affected class; the Muslim scholars.
Owing to socio-economic deprivation, which indeed is a governance issues, the Muslim streets get into an extreme mindset. This extreme mindset push them towards radicalisation which subsequently outbursts into violence and terrorism. Since Muslim world has been bestowed by Allah Almighty with numerous resources and strategically located geopolitics therefore, as a rule of power politics, the international forces exploit the available opportunities, which is the law of nature. In the process, the elites (ruling class) lose the trust of masses and feel vulnerable, thus take support from external power(s), at the time of domestic violence. The external power(s) then, decides as per its own national interests and convenience. They exploit both; the elites for their obvious susceptibility and streets to use them against the rulers as well as for their strategic and economic achievability.
This cycle of exploitation then continues unabated. There is a need for the farsightedness among the Muslim world, the ruling elites can remove the basic anomalies and disparities, found among the masses of the Muslim world. Addressing the socio-economic deprivations would create the element of trust among the ruling class and the deprived masses. A good governance calls for a better care of the masses in all respect. This is the essence of Islam and humanity. Let’s have a positive usage of Islam as a religion as per its essence. The essence of Islam is education as mention above. The current anti-Islam narratives of terrorists, while taking cover of Islam have created a scare among the youth. Let’s promote the education for discarding the narratives of terrorists as well as of those forces, conspiring against education, religion and state of Pakistan.
Paigham-i-Pakistan is not only a new narrative for the youth of Pakistan, but it is indeed a reminder to everyone that, we were betrayed by a class of people in the name Islam. But, the truth is that, the promoters of that form of Islam know nothing about the Islam and its true teachings. As clearly highlighted by Interior Minister Ahsan Iqbal, let’s not waste another 400 years and try to cash the opportunities for seeking knowledge, the knowledge of information technology and innovation. There is an urgent need for Muslim nations to progress and have something positive to show. “If we want to correct our direction for the future, it is necessary that society is peaceful and stable because without them we cannot embark on this journey. We must introspect and look within instead of hypothesising about conspiracies. We need to be ready and accountable in order to undertake this journey.” The Fatwa, ‘Paigham-i-Pakistan’ “will provide a platform for national unity… So that in the 21st century, we can make Pakistan a distinguished country, an Asian tiger, and bring the Quaid’s dream to fruition.”
Source: pakobserver.net/the-paigham-i-pakistan/
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Self-Righteous Anger over Kasur
By Dr Shenila Khoja-Moolji
January 18, 2018
The horrific rape and murder of an eight-year-old Pakistani girl-child, Zainab, has galvanised all segments of society in Pakistan and the diaspora to publicly condemn violence against girls and women.
There have been rallies where men and women have been protesting the lack of police efforts to catch Zainab’s murderer. On television, anchors have dedicated shows to sexual abuse and child abuse.
Many see Zainab’s murder as an opportunity to discuss otherwise taboo issues. Education activists are calling for revising the school curricula to include information about sexual and child abuse. Others are calling for raising awareness among parents.
Politicians and religious leaders have taken to the podium/social media to express their horror. It seems that the nation has awoken from a slumber — citizens are even meting out justice on the streets, beating up men accused of harassing girls and women.
While well-intentioned, these calls responsibilise schools and parents without paying attention to the historic and systemic demeaning of Pakistani women.
Rape and murder of girls do not happen in a vacuum. It is an effect of sedimented societal views about the female sex and institutional practices that reproduce male dominance, in every domain of life.
We live in a society that abhors women — we don’t like it when they enter the workplace and make it known through harassment and unequal pay. We ogle them when they are on the streets and even grope them when the opportunity presents itself.
We take away their already minuscule space in the mosques by building mosques without a women’s section. We are threatened when they appear as TV personalities and curse at them on air. We make jokes about rape and use cuss words with ‘mother’ and ‘sister’ in them.
We create a political fuss when a girl with uncovered hair is depicted in a textbook. We pass laws like the Hudood Ordinance. We police what women can wear at universities. We even reprimand female professors for wearing jeans!
We do all this and then wonder why eight-year-old girls get assaulted? Who is responsible for this monstrosity? YOU. You, my dear reader, and I, are complicit in reproducing a system that views women as sub-human. We reinforce male privilege through minor, everyday actions from swear words to advocating for policies that make life unbearable for women.
If we are so angry about what happened to Zainab, then it behooves us to first check ourselves and our views about women and girls. We then have to come out and try to hold societal institutions — from the state and the media to the mosque — accountable for portraying women as less-than-men.
Indeed, in Pakistan, women are not considered as fully human. They are viewed as sex objects available for men’s pleasure, as upholders of familial morality and honour, or as domestic managers who will nurture children. Women who deviate from these pre-assigned roles do not have much breathing room.
If men are so mad at Zainab’s murder then let’s see them give up their privilege and make space for women in their professions, on the streets, in media and in politics. Let’s see them pass pro-women laws or just implement the laws already in place. Let’s see them stand up and speak for women when misogynist elements want to push women to the margins every day.
Call me cynical but this sudden righteous anger of politicians, religious reformers, and men at large means nothing if it is just going to devolve into a PR stunt. If we don’t reform our institutions, if we don’t reform ourselves, we cannot be surprised if there are more Zainabs, unfortunately.
Source: tribune.com.pk/story/1611237/6-self-righteous-anger-kasur/
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Speaking Truth To Power
By Zamir Akram
January 18, 2018
As President Donald Trump, the self-proclaimed ‘stable genius’, dives deeper into vile rhetoric, aptly described by African ambassadors to the UN as “racist and xenophobic”, Americans are understandably questioning his mental faculties. But Trump’s fulminations against Pakistan of “lies and deceit” need to be taken seriously as these are being echoed by responsible Americans, who exercise the immense power of the US. It is, therefore, necessary for Pakistan to speak truth to this power.
It is important for Trump and his generals to recognise that Pakistan will not act against its own security interests in Afghanistan, especially since Washington has been encouraging New Delhi to be its factotum in Afghanistan and the broader South Asian region. Indeed, the very basis of Pakistan’s Afghan policy since independence has been to prevent India from using Afghanistan as a base for destabilising Pakistan and create a second front on its western border to encircle Pakistan. Existing ground realities reinforce these concerns. The TTP is being armed and funded by the Indians and their clients in Kabul to carry out terrorist attacks in Pakistan from their Afghan sanctuaries. The Indians are also supporting Baloch terrorists based in Afghanistan as well. Resultantly, Pakistan is already encircled by India with Kabul’s collaboration, which makes it imperative for Pakistan not to alienate the Afghan Taliban, which provides Islamabad with critical leverage to protect its security interests in Afghanistan.
Moreover, 16 years of fighting against the Taliban demonstrates that there is no military solution. Deploying more troops in an open-ended conflict will not change the ground realities for Washington nor will using Pakistan as a scapegoat for its failures. The only solution is a negotiated settlement arrived through dialogue with the Taliban. This is acknowledged by informed Americans such as the late Richard Holbrooke and more recently Richard Olson, both of whom served as special representatives to Afghanistan and Pakistan. While Trump’s generals claim to accept the need for an eventual dialogue with the Taliban, they want to first defeat them militarily so that they can get a political settlement on their terms. This is futile because the Taliban will not fight and talk at the same time. Besides, the US cannot win on the negotiating table what they have failed to gain on the battlefield.
It is ludicrous for the Americans to argue that a few thousand Taliban cannot be defeated by the strongest military in history because they allegedly have safe havens in Pakistan. Actually the Taliban control 40 per cent of Afghanistan from where they operate. Even if the American claims are correct that Taliban leaders move across the border to “plan and plot” from refugee camps in Pakistan, the solution is to seal the border and send the refugees back. But the US is not willing to cooperate in this effort.
Moreover, the Kabul government is corrupt and divided while the Afghan army is plagued by a lack of discipline, motivation and equipment. American troops are not used in ground combat since they do not want to send body bags home, whereas aerial attacks cause civilian casualties that help to swell Taliban ranks. Besides, American failure to contain the drug trade helps the Taliban fund their operations. None of this can be blamed on Pakistan.
Pakistan should also remind the Americans of their own past and present “lies and deceit”. The CIA used Osama bin Laden and his Arabs in the Afghan ‘Jihad’ against the Soviets who formed al Qaeda after they were abandoned. The ‘Jihadi culture’ was actually inculcated in madrasas in Pakistan and Afghanistan on a daily diet of American propaganda transmitted through textbooks prepared by the CIA.
Later, Washington wanted the Taliban to allow UNOCAL, an American company to lay energy pipelines through Afghanistan. Vehement critics of Pakistan today, Zalmay Khalilzad and Hamid Karzai, were then UNOCAL employees. Khalilzad used Pakistan’s help to meet Taliban leaders as did the US ambassador to the UN, Bill Richardson. The Taliban were even allowed to open a liaison office in New York.
Following the 2001 US invasion of Afghanistan, bin Laden was cornered in the caves of Tora Bora but US Centcom chief Tommy Franks did not allow his troops to take action, fearing American casualties, which enabled his escape.
The Americans also failed to implement the ‘hammer and anvil’ approach with Pakistani forces on the Pak-Afghan border to kill or capture terrorists. While Pakistani troops were heavily deployed along the border there were hardly any American/Nato forces on the other side. Even so, Pakistan managed to neutralise al Qaeda from its territory, at great cost to itself, a fact acknowledged by the US.
Worst of all, the US ignored Pakistan’s advice to focus on al Qaeda terrorists while seeking accommodation with the moderate Taliban since they were, are a potent force that cannot be wished away. Sixteen years of fighting has proved that. Today, the real threat to the US and regional security is posed by the IS and not the Taliban that oppose the IS. This has led Russia, China and Iran to establish contacts with the Taliban. It is also surprising that while Washington encourages Kabul to engage with the Taliban, such as the recently reported meeting in Istanbul, and even allows Qatar to host a Taliban office, it has taken exception to Pakistan’s contacts with the Taliban.
Meanwhile, Americans continue to seek “common ground” with Pakistan and ask for continued use of its ground and airspace as well as increased intelligence cooperation even as the US refuses to respect Pakistan’s security interests, withholds reimbursement of Pakistan’s Coalition Support Fund money and talks of imposing sanctions. What could be more deceitful?
If the US is truly committed to resolve the Afghan imbroglio, it needs to recognise and accommodate Pakistan’s regional security concerns. Denial of assistance, imposition of sanctions or even military attacks will not change Pakistan’s pursuit of its security interests which are far more important than any relationship with the US. Besides, Pakistan has the leverage to retaliate which would make America’s Afghan misadventure seem like a walk in the park.
Source: tribune.com.pk/story/1611316/6-speaking-truth-power-2/
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The Leadership Crisis
By Rasul Bakhsh Rais
January 17, 2018
Political leadership at the national level emerges as a result of the democratic political process. It is the public support that gives them the legitimacy to claim themselves a leader. But that process is conditioned by the character of political parties — whether they are internally democratic or run by dynastic political leaders. The major political parties of Pakistan that have been in and out of power for the past half century or so are undisputedly dynastic. The leadership transition, if any, has taken place within the dynastic political family in control of the party. Consider the PPP, the PML-N, the ANP and the JUI: common among all of them is the dynastic factor. Beyond the political parties, we see the same dynastic political forces at play at the level of each constituency that elects members of the assemblies.
This brings us to the social and political structures that are responsible for the rise, prominence of political leaders and determining their formal roles in public institutions. The classes that dominate the grassroots level society and also dominate its politics. They are primarily the landowning, tribal and caste and clan-based structures. These structures have a strong inheritance of the colonial social and political engineering the British did in this part of the subcontinent to run a vast empire effectively. There was a political reason for why these classes were given huge land grants supplemented with judicial and administrative powers to deal with the local issues.
India demolished the colonial social and political structures by land reforms, and that paved the way for the emergence of new political leadership, new parties and flourishing of new leaders, if not the new ideas. Had Pakistan implemented the Muslim League’s manifesto of 1946, it would have done the same thing. In the chaos of politics and rapid political transitions the League and the country itself lost a clear sense of destiny.
Without land reforms, the electoral politics rather legitimised the colonial social and political structures. The landowning class used its colonial status, social standing, land-based economic power and social influence to dominate the electoral process. It left hardly any space for any new leadership. The League and other parties had to depend on the same classes that British created in the provinces that now constitute Pakistan. The case of East Pakistan, where land reforms had been implemented — for communal reasons — was different. That produced social and political forces and ideas that became focused on identity, devolution, true federalism and representation. The contrast in the social base of the leadership of the two wings were too obvious and so the contradictions in their political orientation.
The class structure of the political base of the parties and electoral politics of Pakistan has not changed. The problem is that it is not open to a fair competition for the new political aspirants. One has to be a member of a political family with a solid social base in land, tribe, cast and clan to run for elections. A change is possible and seems to be happening in the urban areas of the country in terms of new candidates, but here too, it is not as much the good political work of a candidate as it is the party affiliation factor. Who gets nominated for a particular political party in any constituency is determined not by the local electorates but by the party bosses.
How is it possible for a new leadership to emerge if dynastic politics from constituency to the national level has become institutionalised? There are two ways that will end political stagnation and create space for new leaders. First urbanisation and second democracy within the political parties. Until that happens, we must endure the dynastic leaders.
Source: tribune.com.pk/story/1610352/6-the-leadership-crisis/
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Nuclear War Clouds Hovering
By Dr Zafar Nawaz Jaspal
January 18, 2018
THE Indian civil and military leadership’s irrational war-mongering could have disastrous consequences for the subcontinent in particular, and the South Asia in general. The flirtation with ‘nuclear bluff’ and ‘surgical strikes’ only thicken the nuclear war clouds hovering over the region. The Indian ruling elites misperception to strike Pakistan with impunity is an erroneous and perilous conclusion. The Indian military elite is deliberately increasing tension with Pakistan to convince the Indian parliamentarians that Indian Army requires more funds in the forthcoming defense budget. On September 6 2017, Indian Army Chief General Bipin Rawat indirectly demanded more funds for military modernization. He stated: “War is very much in the realm of reality.” He added, “believing there will no war – as some are akin to – affects the modernization of forces. Such thinking affects budgetary allocation.” Subsequently, the Indian army drastically increased fire on the Line of Control to conceal its failure in the Indian occupied Kashmir and also to qualify its demand for increasing Indian army budget.
Realizing that sooner budget session will start in New Delhi General Bipin Rawat once again attempted to draw the attention of his government towards the Army. On January 12, 2018, he stated: “We will call the (nuclear) bluff of Pakistan. If we will have to really confront the Pakistanis, and a task is given to us, we are not going to say we cannot cross the border because they have nuclear weapons. We will have to call their nuclear bluff.” Perhaps, it’s an appropriate tactic for securing finances for the modernization of the Army, but an absurd and destabilizing statement for the strategic stability in South Asia. The alarming reality is that General Bipin is failing to realise the repercussions of his misreading Pakistan’s nuclear weapon capability and too much confidence in India’s cold Start Doctrine. His jingoistic statement is a tantamount to an invitation for a nuclear war. Islamabad gave a befitting response. On January 13, 2018, Pakistani Foreign Minister Khawaja Asif cautioned: “Amounts to invitation for nuclear encounter. If that is what they desire, they are welcome to test our resolve. The general’s doubt would swiftly be removed, In Sha Allah [God willing].” ISPR spokesman warned that India must not remain in illusion: “Should they wish to test our resolve, they may try and see it for themselves. We have a credible nuclear capability, exclusively meant for threat from east. But we believe it’s a weapon of deterrence, not a choice.” These statements confirm that Pakistani armed forces are prepared to thwart any kind of the Indian armed forces military adventurism.
Since February 2000, the Indian strategic pundits have been contemplating to chalk out a military doctrine and modernize their ham-fisted armed forces to bleed Pakistan in a limited conventional war. The desire to acquire military ability and capability that could allow India to operate below Pakistan’s actual nuclear threshold(s) resulted in colossal spending on the modernization of the Indian armed forces. So that in a military operation the Indian armed forces could be able to give surprise and beat Pakistani border forces and capture territory within a limited time before the arrival of Pakistani main offensive and defensive formations. The critical examination of India and Pakistan’s conventional forces balance reveals that the conventional asymmetry between the nuclear-armed belligerent neighbours is not so much that it guarantees either side an outright victory in a limited war as well as total war. Nevertheless, India’s continuous increase in defense budget and mega military hardware purchases from the foreign defense contractors generates an impression that Indian armed forces might have advantage in war in the near future.
India has also been transforming its nuclear doctrine. It has shifted its nuclear posture from a ‘massive retaliation’ and ‘No-First-Use’ to one based on first-strike. Therefore, its nuclear posture is in a pre-emptive mode. The abandoning of no first-use and development of missiles defence shield incites Indians military elite to conduct surgical strikes. Indeed, these developments are perilous for the regional security. To conclude, it’s impossible for the Indians to alter the strategic equilibrium between India and Pakistan. It’s because, the latter is not ignorant of former’s military modernisation. Though Islamabad is not matching the Indian conventional military build-up, yet it is gradually advancing its nuclear arsenal. Hence, the Indians ‘nuclear bluff’ or ‘surgical strike’ approach only increases the probability of nuclear catastrophe in the region.
Source: pakobserver.net/nuclear-war-clouds-hovering/
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Wavering Pak-US Relations
By Reema Shaukat
January 18, 2018
SINCE August 2017, Pak-US relations are following bumpy paths. It was expected that Trump’s new policies will acknowledge Pakistan’s greater role in South Asian peace and stability but in turn they proved harder for Pakistan where it was asked to stop giving safe havens to terrorists, which do not exist in Pakistan. The year 2018 began with a new tweet of President Trump where Pakistan was blamed for ‘lies and deceit’ in the war against terrorism. It is quite rhetoric that with initiation of new year President of US selected a social media to address Pakistan. Well, for past couple of weeks Pak-US relations have turned concerning and decisive for both countries. Different stances are coming from both countries representatives and officials.
According to the US it provided $30b to Pakistan, without understanding that the half of this amount is part of CSF or Coalition Support Fund, which was neither an aid nor assistance. In fact it is the reimbursement of expenses which was acquired by Pakistan for providing land and aerial routes to its ally in War against terrorism. Though Pakistan was provided with CSF but the US off and on pressurised Pakistan with ‘Do More’ mantra and accused of providing safe havens to networks like Haqqanis and JuD. Nonetheless Pakistan has always denied these allegations but it appears that US wants to decree its failure of policies in Afghanistan by blaming Pakistan. It was never Pakistan’s war which was inculcated upon it by US and Pakistan’s loss in terms of human and monetary value is more than the given funds. Interestingly, a book “Fire and Fury” written by ‘Michael Wolf’ was recently released which narrates the one year of Trump in White House. According to this book, Trump because of its policies shows his indecisive personality who does not understand world politics and every relations is measured in terms of wealth and monetary benefits. Therefore, one can clearly say that Trump’s new year tweet for Pakistan shows its frustration and failures in bringing peace through military means in Afghanistan. For US, it is an easy way out to blame Pakistan and support its adversaries.
Pakistan denied and strongly condemned such response from US on every level. Recently, US Acting Assistant Secretary of State Alice Wells arrived in Islamabad and called on Foreign Secretary Tehmina Janjua. During the meeting, they discussed the situation arising out of US President Trump’s recent tweet and other aspects of Pak-US bilateral cooperation. Pakistan demanded the US to use its influence to stop use of Afghan soil against Pakistan. Ambassador Alice Wells acknowledged Pakistan’s efforts in eradicating terrorism and said that the US wanted to work with Pakistan in furthering the shared objectives of stabilizing Afghanistan. The Foreign Secretary said that the relationship with the United States need to move forward under an environment of mutual trust and respect.
Pakistan has strongly responded to the US statements and want better cordial relations with US. It is pertinent to note that Pakistan is replaced by India as a reliable strategic partner and Indian influence and closeness with US is growing day by day. On the other hand, Pakistan now looks at China as its reliable friend and new strategic dynamics are also on way with Russia. It appears that this new bloc which is Indo-US vs Pak-China has different geo strategic interests in region. India and US both want to undermine China’s strategic and economic development in the region. US has its apprehensions that first it was also an economic giant on the basis of which it gained military might and became superpower. It fears that China is its emerging competitor in different domains so to undercut its hold in South Asian region, it is pursuing relations with India. On the other hand, Pakistan wants peace in the region through Russia, China and other countries but the Indian influence in Afghanistan and creating instability in the region with different tactics and its rivalry with Pakistan do not let healthy relations to be built among countries. CPEC which has become talk of the town is insecuring many countries including US which now apparently measures Pakistan’s future outlook in the wake of CPEC. It does not want this OBOR initiative to endorse China’s dominance in region, therefore directly or indirectly Pakistan is blamed for being part of this project.
In international politics, relations among nations are interest based. Every country is seeing its gains and setbacks in international relations. As a way forward, for better Pak-US relations, US should stop treating Pakistan with same old carrot and stick policy. Pakistan’s stance should be clearly given to US that if they want Pakistan’s assistance in war against terrorism, they should stop blaming Pakistan. Pakistan did a great favour to US and still doing by not claiming about the aerial and cargo charges it provided to US troops. What if Pakistan stop it one day and US had to take the longest route to enter in Afghanistan, only then US will understand the favours Pakistan has given it for more than decade? US should strictly instruct their media to stop maligning Pakistan as their dual face is quite visible. It is time to have ruthless but candid dialogue with US as said by Pakistan’s Defence Minister in an address. Therefore, to compete with international challenges and ground realities Pakistan should strictly put its demands on the table while pursuing dialogue with US.
Source: pakobserver.net/wavering-pak-us-relations/
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Towards Reforms
By Ghulam Qadir Khan
January 18, 2018
IT’S taken 70 long years for Pakistan to recognise the people of Fata as equal citizens. At last, the jurisdiction of the superior judiciary has been extended to Fata, a first step in a 1,000-mile journey, and for this the government deserves applause and the people felicitations. However, the dreaded Frontier Crimes Regulation is still intact.
The tribes have lived under the FCR since the British Raj, so it is surprising that they are now anxiously campaigning for reforms. People ask why they can’t live with it for a while longer. Down-country Pakistanis and foreigners wrongly assume the tribal people are gun-toting zealots. Decision-makers don’t know much about Fata, nor do they care to know.
It was said that law and order in Fata was better than in the rest of country before the war against terrorism – the crime rate at one Peshawar police station was more than in all of Fata. When the government extended adult franchise to Fata in 1996, the administration opposed it saying it might lead to large-scale conflicts. But no election-related violence was reported in the 1997 elections. There was no trouble when the Customs Act was extended to Fata, whereas when it was extended to Malakand Division, there was so much agitation it had to be withdrawn.
Of late, the tribes have fully supported the government’s decision to fence the border with Afghanistan. Incredibly, they have even vacated their houses and lived as temporarily dislocated persons when called upon. They have endured immense pain in service of their country. Why, then, are such noble people — who suffered silently when ignored and discriminated against, their name and their land used for illicit activities – now suddenly agitating for change?
Why is there now such urgency to mainstream Fata?
Many won’t know of recent changes in Fata and how they affect the tribes. The proposal to mainstream Fata in the National Action Plan, for example, wouldn’t have been possible without disarming the tribesmen, a blessing in disguise. After many military operations, Fata has at last been de-weaponised. But under the FCR, the tribes are responsible for any offence committed on their land (territorial responsibility), a cruel colonial legacy. How are they expected to protect their land against well-armed and well-trained militants? The government ought to have extended administrative and judicial reforms before disarming them.
Take recent events in North Waziristan. When a young second lieutenant and a sepoy were martyred near Tappi, the tribe responsible for security in the area was given hell. A curfew was imposed, and the rest is history. Both the army and the public suffered for the government’s inefficiency. Before this, a motorcycle bomb went off in Eidak. That tribe met the same fate. A repeat of such events has triggered panic among the tribes. How can they fight a ruthless adversary without weapons? Hence their demand for immediate reforms: to relieve them of the responsibility of securing the area.
As always, the government’s response was either slow or altogether missing. The governor was unable to reach out and reassure the tribes and the army that no matter how much Pakistan’s enemies conspire they will not divide us. It was only due to the personal capabilities of the GOC, 7th Infantry Division that the matter was resolved, since for the first time people came out in protest and the situation could have turned ugly.
For now, we must either absolve the tribes of territorial responsibility or return their weapons so that they can discharge their duty; it has to be a complete package either way. Returning weapons might not be possible after so many sacrifices by civil and armed forces, and so the only way forward is to immediately bring reforms in matters where there are few disagreements.
Secondly, the government was to give the tribes unhindered access down country by eliminating all permissions and octroi. After losing most of what they owned, they need livelihood opportunities. People are sick of waiting for the political agents’ offices to grant permission for every small item coming into or leaving Fata. During a recent visit to Miramshah, I was amazed to see tons of construction material on the roadside. I came to know that, on pressure from the army, the government had exempted construction material from permits. If so, why not exempt food items — why not all items? The argument that funds allocated for administration are not enough is unacceptable.
Now that the first step towards reforms has been taken it is expected that more will follow. Resolving the FCR issue and territorial responsibility must be prioritised. The tribes cannot be expected to defend their territory without weapons from militants who are challenging the regular troops. Islamabad should realise this before the tribes start leaving Fata out of sheer frustration.
Source: dawn.com/news/1383658/towards-reforms
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Child Protection
By Muhammad Ahmad Pansota
January 18, 2018
THE abduction, rape and murder of little Zainab has not only robbed one family of a child but has also ravaged this country. She was not the first child we failed to protect. Child abuse, particularly sexual violence, is one of the most pressing social issues facing our nation. Such crimes are tragic reminders of the failure of the state, and call for a complete overhaul of our intent towards child protection.
The majority of the child abuse cases in Pakistan are registered under the Zina Ordinance, 1979, which prohibits all forms of illegal sexual intercourse including rape. The Punjab Suppression of Prostitution Ordinance, 1961, the Sindh Children Act, 1955, and the Punjab Children Ordinance, 1983, all cover some forms of child abuse.
In 1990, Pakistan ratified the UN Convention on the Rights of the Child (UNCRC), committing itself to implement the convention’s provisions through harmonised policies, legislation and plans of action, and to report progress to the UN Committee on the Rights of the Child every five years.
After revelations of a child pornography ring in Kasur in 2015, 20 people were arrested in connection with the criminal scandal. At the time, only rape and sodomy were punishable under the law. As a result, several new provisions were added to our legislature to strengthen our child protection framework.
Let Little Zainab Be The Last Child We Fail As A State.
The first amendment to the Pakistan Penal Code in relation to child abuse in 2016 criminalised sexual assault against minors, child pornography and trafficking. Sexual assault is now punishable by up to seven years in prison (previously, only rape was criminalised), and child pornography (previously not included in the law) is punishable by seven years in prison and a fine of Rs700,000. Prosecution for rape has also benefited from recent amendments. Sections 164(A) and 164(B), inserted into the Code of Criminal Procedure in 2016, enable authorities to obtain and use DNA evidence. Section 161(A) also guarantees a rape victim the right to legal representation.
Despite a complex framework, the legislative tools we have at our disposal have not been utilised effectively, and have thus far failed to deter perpetrators of violence against children. While further specialised legislation is needed, as the situation stands, our biggest failure in protecting our children is not lack of legislation but lack of its enforcement.
The depravity that leads to such crimes occurring, especially considering the circumstances of Zainab’s case, calls for further action. The preamble to the Anti-Terrorism Act, 1997, introduces the act “to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous offences”. Based on these goals, it is high time that rape and sexual violence against children were added to Section 6 of the ATA so that it may be prosecuted with the same vigilance given to perpetrators of acts of terror. The DNA profile of all citizens should be included in the Nadra database.
It is also necessary to properly train judicial officials and law-enforcement agencies. According to Human Rights Watch, “Even a well-drafted law is unlikely to achieve its objectives in the absence of a trained and accountable police force, adequately staffed probation departments, judges that are familiar with the applicable domestic law and international standards, and facilities that are designed for the guidance and care of juvenile offenders.”
The juvenile justice system also requires attention. The age defining a child should be brought up in accordance to what is prescribed internationally. Secondly, there should be equal treatment for children regardless of gender — as for zina crimes, female victims should no longer be punished for an abuse inflicted upon them. Thirdly, there should be stricter punishment against perpetrators of sexual violence against children. And, as per Article 39 of the UNCRC, the government should take all necessary measures to promote the psychological and physical recovery of child victims. Currently, rehabilitative measures are underdeveloped, if not non-existent. There is an urgent need to establish such facilities throughout the country.
There must be an overhaul of the system at every level so that the authorities are not only successful in recovering children, but also in catching and punishing culprits. The crimes against Zainab reflect the absolute failure of the police, expose the lack of foresight in our legislature, and have resulted in the public losing all faith in this government.
If we wait much longer to effect concrete change, we will also lose faith in ourselves. The fate of young Zainab, loving daughter, thoughtful sister, cherished granddaughter, passionate student — human being — should be etched in our collective conscience. Let her be the last child we fail as a state.
Source: dawn.com/news/1383652/child-protection
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