This final section is divided into brief summaries of the status of democratic development, justice and the rule of law and the human rights issues of life, liberty and the security of the person. Each summary is followed by a numbered list of specific recommendations which focus on steps to be taken to develop or salvage various essential elements of a democratic society.
Democratic development in Pakistan will require greater decentralization, a better enabling environment for the strengthening of civil society, and institutional practices of accountability towards citizens. Key recommendations include a change in the parliamentary conduct of political parties, elimination of arbitrary or legislated restrictions on constitutional rights and fundamental freedoms, extension of the effective franchise to groups presently excluded in practice, policies to counter intolerance, and inclusion of women as full-fledged citizens.
Crucial weaknesses are identified in the Rule of Law and the administration of justice: lack of independence of the Judiciary, systemic discrimination, and impunity. Recommendations focus on the role of the legislative bodies in ensuring that their actions conform to principles of democratic institutionality, the role of the Judiciary in eliminating exceptional, anti-democratic procedures and ensuring uniform application of the law consistent with its spirit.
Security rights are systematically violated, both by State agencies and by extremist non-State actors. The recommendations target the role of the police, the need to develop sound policies for reducing ethnic tension, conformity with international standards, and the elimination of discrimination, in particular that exercised against women.
Thursday, April 16, 2009
SECURITY RIGHTS
Throughout the history of Pakistan, the State has repeatedly violated and failed to protect the security rights of its citizens. Sectarian violence continues to spiral. Human rights groups note with growing concern that Ahmedis, Christians, Hindus and other officially designated "Minorities", including economically disadvantaged groups, are deprived of their participation rights, harassed, reviled and actively persecuted by the government, private interests and religious fanatics.
Special attention is given to an examination of the political and ethnic dynamics which gradually led to a state of virtual civil war in Sindh during the past decade. An analysis of the State response to this state of affairs reveals that successive governments have exploited the situation for their own agendas and/or responded to anarchy in kind, employing excessive force, violence and illegal methods to such an extent that many members of the public have come to view terrorism as a response to State brutality.
Special attention is given to an examination of the political and ethnic dynamics which gradually led to a state of virtual civil war in Sindh during the past decade. An analysis of the State response to this state of affairs reveals that successive governments have exploited the situation for their own agendas and/or responded to anarchy in kind, employing excessive force, violence and illegal methods to such an extent that many members of the public have come to view terrorism as a response to State brutality.
Women
As is the case with minorities and other disadvantaged groups, the State not only fails to protect the human rights of women, it has neglected to promote attitudes which will permit them to enjoy these rights. Since the enforcement of Sharia laws, thousands of women have been unjustly involved with the criminal justice system and subjected to sexual assault, torture and illegal confinement.
Cruel, Inhuman or Degrading Treatment or Punishment
The Constitution guarantees the rights to life and liberty. Not surprisingly, in the light of the foregoing discussion, it is concluded that the State has failed to protect these rights in both the spirit and the letter of the law. The death penalty is still in effect. Amputation, flogging and corporal punishment are incorporated into the enforcement of Sharia laws.
Preventive and Illegal Detention
Much-abused laws for "preventive detention" in the interests of maintaining public order, and other forms of illegal detention are routinely practised in Pakistan, by State authorities, tribal and feudal chieftains and private agencies.
Cruel, Inhuman or Degrading Treatment or Punishment
The Constitution guarantees the rights to life and liberty. Not surprisingly, in the light of the foregoing discussion, it is concluded that the State has failed to protect these rights in both the spirit and the letter of the law. The death penalty is still in effect. Amputation, flogging and corporal punishment are incorporated into the enforcement of Sharia laws.
Preventive and Illegal Detention
Much-abused laws for "preventive detention" in the interests of maintaining public order, and other forms of illegal detention are routinely practised in Pakistan, by State authorities, tribal and feudal chieftains and private agencies.
FREEDOM OF OPINION, EXPRESSION AND INFORMATION
Since the re-instatement of party-based elections, the climate regarding freedom of expression in Pakistan has somewhat improved. However, the country's history of ubiquitous, arbitrary and brutal reprisals against those who have exercised this right remains institutionalized in many repressive laws and regulations, only some of which have been repealed. The Constitution of Pakistan does not acknowledge the right of freedom of information. Even for those who are not disabled by poverty and illiteracy, the means to become informed are denied by government control over channels of information and by the classification of matters of national importance as official secrets. The Pakistani press has organized effectively to protect the freedom it currently enjoys. While it has survived the vicious repression of both government and private interests, many sectors behave irresponsibly, including those which publish defamatory material, promote intolerance and incite sectarian violence
THE ELECTORAL PROCESS
Throughout their history, the people of Pakistan have demonstrated their support for electoral politics and democratic representation, compelling even military governments to hold elections. Although it has been considerably amended by various ruling powers, the 1973 Constitution laid down a still workable legal framework for holding elections. A serious concern involves the participatory nature of elections which was badly damaged by the "tampering" of the Zia regime which restricted the right of non-Muslims to vote for general candidates and deprived non- Muslims from contesting general elections to the Provincial Assemblies. Democratic rights of representation were denied to the people living in the Federally Administered Tribal Areas till 1997.
An examination of the Election Commission, election procedures and other related legislation reveals the presence of many lacunae which compromise the democratic process. While discussion of the inefficiency, corruption and coercive practices involved in the conducting of previous elections indicates the need for much reform, the lack of public confidence in the administration of elections became apparent from the low percentage of polling in the February 1997 elections.
An examination of the Election Commission, election procedures and other related legislation reveals the presence of many lacunae which compromise the democratic process. While discussion of the inefficiency, corruption and coercive practices involved in the conducting of previous elections indicates the need for much reform, the lack of public confidence in the administration of elections became apparent from the low percentage of polling in the February 1997 elections.
PARTICIPATION RIGHTS
Pakistan's military, bureaucratic and political leadership have centralized power while failing to respond to the needs of its extremely diverse population. This has led to a sense of marginalization and deprivation, sub- national and ethnic conflicts and separatist tendencies among various disenfranchised groups and regions. Even in regions close to the centre, the State has failed to protect and promote human rights uniformly. One of the only encouraging observations in this regard concerns the gradual acceptance, by some administrators, of the special role of non-governmental organizations (NGOs) which have persistently supported and promoted the values of civil society.
FREEDOM OF ASSOCIATION
Although the Constitution acknowledged it to be a fundamental right, freedom of association in Pakistan has never been universally guaranteed and group mobilization has never been strong. Restrictive rules against association and a history of severe repression aggravate this trend. Only two of Pakistan's many political parties are national in scope and political affiliations remain largely based upon patronage and family, clan and religion. The country appears to be heading towards a two-party system but this will be effective only if recent confrontational tendencies are abandoned and both parties undertake to behave in an accountable fashion when in power and responsibly when in opposition.
Welfare and charity-oriented NGOs have existed in Pakistan since its inception, some of which became channels for patronage, and others of which are genuine and effective. A second category of human-rights oriented NGOs developed and functioned in Pakistan throughout the darkest years of political and social repression. These organizations have performed the role of defending and promoting human rights and the values of civil society. Although recently there has been a modicum of official acceptance and acknowledgement of the work of these organizations, there is a danger that new registration requirements will restrict their autonomy.
Welfare and charity-oriented NGOs have existed in Pakistan since its inception, some of which became channels for patronage, and others of which are genuine and effective. A second category of human-rights oriented NGOs developed and functioned in Pakistan throughout the darkest years of political and social repression. These organizations have performed the role of defending and promoting human rights and the values of civil society. Although recently there has been a modicum of official acceptance and acknowledgement of the work of these organizations, there is a danger that new registration requirements will restrict their autonomy.
RULE OF LAW AND THE ADMINISTRATION OF JUSTICE
By abrogating each of four successive Constitutions, and by subjecting the country to decades of martial law and other forms of undemocratic rule, Pakistan's leaders created the national perception that law is an instrument of control rather than of relief, redress and security. The general public has come to resent the law as arbitrary and malicious, while the impunity with which members of the ruling elite flout it is an indication of the contempt in which they hold the law. While human rights groups have sensitized individual politicians who happen to be receptive to the concerns of their electorate, the democratic process is virtually non-existent in an increasingly confrontational Parliament and in law-making procedures which do not permit public or Parliamentary debate.
The judicial system established by the 1973 Constitution has been effectively weakened by the creation of a separate Federal Shariat Court mandated to strike down any law deemed repugnant to the injunctions of Islam. The decisions of the Shariat Court are binding upon the High Courts and cannot be over-ridden by Parliament. Moreover, Presidential powers compromise the independence of High Court judges and of the Supreme Court judges nominated to the Shariat Court. Furthermore, many individuals and groups, who recognize that its autonomy is essential to democratic development, have expressed strong concerns about the independence of the judiciary in general.
The judicial system established by the 1973 Constitution has been effectively weakened by the creation of a separate Federal Shariat Court mandated to strike down any law deemed repugnant to the injunctions of Islam. The decisions of the Shariat Court are binding upon the High Courts and cannot be over-ridden by Parliament. Moreover, Presidential powers compromise the independence of High Court judges and of the Supreme Court judges nominated to the Shariat Court. Furthermore, many individuals and groups, who recognize that its autonomy is essential to democratic development, have expressed strong concerns about the independence of the judiciary in general.
Islam, the State and Society
The role of Islam (as defined by vested political interests) is examined from the early days of Muhammad Ali Jinnah and the Pakistan Movement, through the fifty years of the country's turbulent existence. Thanks to the concessions made by successive governments and Zia's deliberate promotion of their agenda, the orthodox religious groups, which have never enjoyed popular support in Pakistan, have been propelled into positions of high judicial and political influence. This has resulted in an unprecedented increase in sectarian violence and, through its sophisticated subversion of the religious sentiments of many Pakistanis, reinforce the State's rigid and dogmatic version of Islam as representative of the country's ideology.
The Popular Response to Islamization
In the northern parts of the Indian sub-continent, Islam developed within the context of other, deeply entrenched belief systems and cultural practices and was strongly influenced by Sufism. As a result, while Pakistani culture is undeniably Islamic, it is distinct from those of other Muslim countries by virtue, firstly, of its less puritanical and orthodox nature, secondly, because of the diversity of religious beliefs and practices obtaining in different regions of the country, and finally, because it has failed to achieve an egalitarian society by dismantling the caste, clan and class affiliations which remain fundamental to Pakistani society.
For these reasons, "the great Islamic debate" created by politicians' attempts to re-define and exploit religion was never taken up at the popular level. The heavy-handed imposition of fundamentalist doctrine during Zia's regime, the resulting rise in violence and intolerance and the mushrooming of corruption at every level of society have further alienated many. Previously, those who argued against an Islamic state, most of whom were socialists, were reviled as heretics and/or traitors. The most recent exponents of secularism argue on the basis of promoting human rights and democratic values. Meanwhile, extremists continue to find willing converts among those who despair of a political solution to their socio-economic marginalization.
For these reasons, "the great Islamic debate" created by politicians' attempts to re-define and exploit religion was never taken up at the popular level. The heavy-handed imposition of fundamentalist doctrine during Zia's regime, the resulting rise in violence and intolerance and the mushrooming of corruption at every level of society have further alienated many. Previously, those who argued against an Islamic state, most of whom were socialists, were reviled as heretics and/or traitors. The most recent exponents of secularism argue on the basis of promoting human rights and democratic values. Meanwhile, extremists continue to find willing converts among those who despair of a political solution to their socio-economic marginalization.
Militarization of the State
Pakistan inherited a powerful and pervasive bureaucratic tradition from its colonial administrators. The military has played a crucial role in government, due to several factors such as the country's strategic geographical location and the potential for international border disputes and separatist movements inherent in the manner in which the sub-continent was partitioned in 1947. Military leaders have created their own international support networks and since 1958, in alliance with the established bureaucracy, they have controlled Pakistan's political and economic decision- making. An examination of the course of Pakistan's history from General Ayub Khan through decades of martial law and periods of party-based government demonstrates how the military interventions have repeatedly subverted and arrested the evolution of the democratic process. Despite the fact that there has been no direct intervention by the military by imposing martial law, it continues to dominate decision making in the critical areas of foreign policy and defence. In addition it has become a powerful economic force and, with a stranglehold on successive bankrupt civil governments, continues to drain the public exchequer.
National Ideology vs National Integration
Like other post-colonial South Asian governments, Pakistan's progress toward democracy has been repeatedly thwarted and stalled because successive administrations have perpetuated the centralization of authority and the marginalization of various categories of citizens. Rather than responding to the urgent need to develop and promote common national interests, the ruling elite focused on its own crisis of legitimacy. Military leaders and administrators substituted religious rhetoric for efforts to accommodate plural identities and their diverse needs.
Growth of Inequality
The study begins by tracing contemporary socio-political dynamics and phenomena back to their origins in undivided, colonial India. The perpetuation of a feudal and tribal social structure, with strong patriarchal and authoritarian trends continues to shape a society which is also challenged by extreme diversity of language, culture, class, caste and economic status. Power has consistently been highly centralised in the hands of a small bureaucratic, political and military elite, thus excluding historically disadvantaged groups, including landless peasants, and bonded labour. Special attention is given to the fact that, regardless of their class, women in Pakistan are disempowered, not only by the inequalities imposed by the perpetuation of a rigid, oligarchic social system, but also because of a prevailing patriarchal culture which denies them the right to independent existence and violates their basic human rights.
Executive Summary
Human Rights and Democratic Development in Pakistan provides historical analysis, draws conclusions and makes recommendations regarding Pakistan's progress towards the establishment of a democratic society, using a conceptual framework developed by the International Centre for Human Rights and Democratic Development. The framework is based on the assumption that the development of a culture of human rights, as well as their institutionalization is central to the construction of democracy. The study therefore systematically examines a series of rights (welfare, participation, security, minorities, gender, etc.), and assess the trends for and against democratic development. This structured analytical approach also makes it possible to compare and contrast Pakistan's progress in this regard with that of its neighbours and other countries.
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