Adil Najam
The Emergency that Gen. Pervaiz Musharraf had imposed on November 3 was technically lifted today. The operative word there is ‘technically.’ Pakistan, Pakistanis and Pakistani politics were already in a very troubled state when the emergency was imposed and it is in a far worse condition now. Only someone who has totally missed on everything that has happened over the last month and a half or someone in total denial could even argue that we are back to where we were before the emergency. Pakistan is, in fact, in a much bigger quagmire because of the emergency.
The President claims in his address that “The country has been saved from grave dangers through imposition of emergency.” He is wrong. Unless, of course, he actually believes that he and his person is the country. His Presidency has, in fact, been saved by the emergency. But everything else – democracy, national security, the political fabric, the judiciary, the constitution, media freedom, extremist violence, national morale – has been severely maligned by this emergency. One only prays that the damage inflicted does not turn out to be permanent.
The President also claims that “as promised, PCO has been repealed, emergency lifted and the Constitution restored.” Once again, he is not being fully honest. In fact, he made parts of the PCO permanent and played around (yet again) with the spirit as well as teh substance of the constitution only yesterday. As The News reported in its lead story yesterday:
President Pervez Musharraf on Friday amended various articles of the Constitution providing protection and continuity to the superior courts judges who took oath under the Provisional Constitution Order (PCO), and removed those who did not take oath under the PCO. However, they would be entitled to pension and other retirement benefits.
The amendments were made a day before he intends to lift emergency and restore the Constitution. The president, in exercise of powers under the PCO, has amended Articles 41, 44, 193, 194, 208 and 270-C.
In case, there was any doubt in anyone’s mind the Attorney General made clear that: “Whatever amendments are made in the Constitution do not need ratification from parliament.” This, by the way, the second set of arbitrary and unconstitutional changes to the Constitution in the guise of this emergency.
And all, one wonders, for what? From the part of his speech targeted to foreign audiences one would assume that the emergency has in some way helped ease the extremism and violence in Swat and the Northern areas. Had that, in fact, been so there would be some mild relief. The fact of the matter is that the emergency only distracted the attention away from that grave situation and the situation there continues to worsen. In fact, the emergency has only strengthened the militants and given them time to organize and mobilize further. Again, all one needs is the daily newspaper to keep abreast of far the government has lost control over militant extremists. For example, from Dawn:
Local Taliban from tribal areas and some districts of the NWFP on Friday decided to set up a centralised organisation for a joint war against US and Nato forces in Afghanistan and appointed Baitullah Mehsud as their Central Amir, a spokesman for the militant commander told Dawn. The militants have named their movement as Tehrik Taliban-i-Pakistan and said the aim of the movement was to enforce Sharia in their respective areas.
The decision was taken at a meeting of 40 Taliban leaders, held in an undisclosed place in South Waziristan Agency. “The sole objective of the Shura meeting was to unite the Taliban against Nato forces in Afghanistan and to wage a ‘defensive jihad’ against Pakistani forces here,†Baitullah’s spokesman Maulvi Omar said. He claimed that Pakistani forces were bombing seminaries and killing people and the Taliban wanted to avenge the forces’ action.
The meeting asked the government to call off military operation in Swat and North Waziristan and abolish all military checkpoints within 10 days. Otherwise, it warned, a suitable course of action would be chalked out in the next meeting of the militants. Taliban leaders from seven tribal agencies, six Frontier Regions of Fata and NWFP districts of Swat, Kohistan, Buner, Dir, Malakand, Kulachi, Bannu, Lakki Marwat, Tank and D.I. Khan attended the meeting.
They demanded release of Lal Masjid cleric Maulana Abdul Aziz and other Taliban jailed across the country.In another development, Baitullah Mehsud on Friday withdrew his threat to subvert the polls and allowed candidates to run their election campaigns in the South Waziristan. Maulana Hassamuddin and Maulana Mairajuddin, candidates for NA-42, South Waziristan, told Dawn that they had been allowed to take part in the election by Baitullah during their one-to-one meetings with him. Baitullah had earlier written a letter to elders of the Mehsud tribe and asked the candidates to withdraw their nomination papers and warned them of serious consequences if they contested the election.
Note the last paragraph. Those contesting in forthcoming elections had to take permission from the Taliban to do so. Note also the picture we use here. This is a “Taliban Police Station.” If this is not an abdication of national sovereignty by the Musharraf government one wonders what it is!
If there was any doubt at all earlier, it should be clear now that the emergency was for one and one purpose alone. To remove a bunch of judges who seemed to be moving towards a verdict that would not have allowed Gen. Musharraf to remain president. Even in our own highly soiled political history one cannot imagine an instance when such irreparable harm was done to the national polity, to the national psyche and to the national image for such little gain. The last minute changes in the Constitution to keep our some judges proves, as if more proof was needed, that the goal was merely for Gen. Mushrraf to hold on to personal power and office, and no more. Now he has. Good luck to him!
So, while nothing has been gained (except for him in maintaining personal power) what has been lost is significant. The militant extremists have not only reorganized, re-energized but they have also been reinvigorated by the distraction of “emergency politics.” Two of the most important institutions have been crushed. The emerging assertiveness of the judiciary and the independence of the media have been squashed with venom. A third critical institution – the military – has also suffered a serious blow as the respect for it in society has been gravely damaged. None of us have really ever respected the constitution much, but never have we made as big a joke of it as we have now.
It was demonstrated that Pakistan remains a democratic society trapped in an undemocratic state and at least some people have consistently spoken out against what has been happening. But the sad part is that our ‘organized political forces’ have totally let them down. The political fabric has been left asunder.
The political bankruptcy of our supposed political leaders has been further exposed and in their shenanigans for power with Gen. Musharraf all have lost respect – indeed “iss hamam mein sab nangay hain.” Once again one hears the sham cries of those who do not like democracy anyhow (and who mostly do not understand what it really is) that since all the alternatives (Benazir, Nawaz Sharif, etc.) are bad therefore Musharraf should be tolerated. They are wrong. This argument rings even more hollow today than it always has. The politicians remain as full of problems as they always have. What has changed is that Gen. Musharraf has proved that he is no better. Maybe, he is worse.
As you can see, I am in no mood to ‘celebrate’ the supposed ‘lifting’ of the emergency. I do accept, however, that it is good that it is not there. It will also be good if we have elections; even though they will be sham and manipulated elections. It is good. But not good enough. Even if this is a tottering half step forward, the three steps that we have gone backwards means that we remain far worse off than we were at beginning November. What is even more troubling is that all signs suggest that things will become much worse before they become any better.
In an ideal world, Gen. Musharraf and his buddies should be court marshalled for on several counts, the first related to launching the coup against a sitting Prime Minister.
PM Nawaz Sharif had fired Musharraf and the coup should not have happened.
Before Musharraf, Gen. Karamat set a befitting example of following the constitution. He had made some comments, the PM disagreed and asked for Gen Karamat’s resignation and he complied. What a man. He earned his respect in and out of uniform.
Nawaz Sharif had fired Musharraf for the misadventure that Musharraf conducted in Kargil without express knowledge of the Prime Minister. Heads should have rolled inside the Army Brass for causing the loss of face and 3000+ causalites in the Kargil war. However, rather than taking resposibility, Musharraf came up with the coup and the rest is history.
Sticking with the law of the land has its benefits – this Musharraf and his buddies need to learn. By taking each short cut and not following the legality of the action, they are making their exit out of the system impossible.
The simplest and easiest way to get back to normality is to return the power to the people and let the organs of the state function according to the agreed constitution of 73. The Army should have nothing to do with politcs and should focus on maintaining and improving its fighting cababilites against “foreign” enemies. The business interests of the Army should be cut down and the organization should stop meddling in political affairs of the country.
But then, all these are wishes for another day in another life time. To expect people in Government to have some morality is a bit of asking too much.
Pakistan has a future and a bright one too, InshaAllah,
1. Compare the number of judges who got fired with the judges working today. Everyone read the same book of law then howcome majority has accepted it?
2. People were only held in protests which were violent and those calling protest were house-arrested as calling mass protests were banned under PCO which is not the case now. Imran khan was handed to Police by students and police sent him to house-arrest even tho under PCO Musharraf could have kept him arrested for as long as he wanted.
3. I agree with you, one shouldn’t be able to change law, it should go thru parliment and senate but his amendments are not so bad. It also includes giving retirement benifits to the judges he fired. Whats wrong with that?
5. PCO is not something new, it is in our law and imposed by civilian presidents in the past. Musharraf saw ex-CJ doing wrong and he acted. I personaly believe ex-CJ is responsible for this whole mess. If he had not made his case a political issue, things would have been very different. Infect if i can remind you that Musharraf accepted ruling from the panel of court on reinstated the ex-cj despite the fact that musharraf’s references were not even heard. It followed by another case that went into government’s favor and the lawyers started crying that they will not accept this decision and filed another case which was a move to delay musharraf’s appointment so that elections are help under different president. If lawyers & Judges are going to play politics then who needs terrorists to blow this country apart!. They should f-k-g do their jobs honestly.
4 & 6. I do not support musharraf for these actions as he has not given any explaination that can satisfy me but I think Musharraf should resign and let people tear pakistan apart, the way they want! I am sure that will satisfy many.
A few noisy supporters of Mr. Musharraf keep trying to create the impression that the man has support beyonds what he really has. The gist of their argument to persuade and/or wear down the skeptics centers around the claim that the man has done incalculable good for Pakistan; that he is the only one since the early departure of the nation’s founders to have done anything of worth; that all other political leaders in the country, his adversaries in particular, have been nothing but a bunch of crooks who have plundered the country’s wealth for their personal benefit; that he has been bravely fighting to rid Pakistan of militants and extremists who kill and maim our “brave” soldiers; that, moreover, the future of Pakistan – if indeed it does have a future – is inexricably tied to Musharraf remaining in charge for the foreseeable future.
The above claims in Musharraf’s support are, arguably, a mixture of some truths, half-truths, and outright lies. Be that as it may, let us – if only to advance the discussion – grant all these claims.
Let us try to dispassionately look at what this group is asking the nation to surrender (or accept) in return so the Superman can continue to save us. Here is a brief list they way I see it. Musharraf is justified in, and should have the right (with our support of course) to:
1. Dismiss any judges of the superior courts in the country, and appoint any new judges in their place. If this should required going beyond the rules for the appointment of judges, then so bi it. The dismissed judges are all trouble makers who are bent upon destroying the functioning of the Executive (in this case Musharraf); hence their dismissal is morally and legally justified.
2. Have any members of the civil society – specifically lawyers, human rights activists, and media people – arrested and held (without charge if necessary). All these people are worthless anarchists who use their role in the sciety to twist facts and project a disproportionately unfair image of the govt. and its unparalleled achievements.
3. Single handedly amend the constitution whenever he pleases
4. Indemnify himself from all his actions – be they within, or outside, the ambit of the Constitution of the country with the stipulation that his action cannot be challenged in – or ruled upon by – any court in the country.
5. Suspend, and supersede with an appropriate PCO, the Constitution, and reinstate it (with whatever amendments he desires) at any time, enterely at his pleasure.
6. Not have any of his actions questioned – not just by the courts – but also by any other institution (e.g. the Parliament), and indeed by the people of the country.
There may be other serious implications of what we are being asked to blindly accept by this anonymous cult of Musharraf.
I don’t know which other modern day country – unless it be a blatant dictatorship – gives all these powers to any one person in the society. Perhaps some knowledgeable people in the ATP forum could enlighten us.
I close with a couple of 1400 year old admonitions:
– “meri itA’at karo jab tak ke maeN Allah(SWT) aur us ke rasUl ke batA’e huv’E QanUn par chalUN; aur agar maeN aisA na karUN to meri koi itA’at tum par wAjib nahIN hae”.
(Abu Bakr(RA))
– “koi imAN wala kabhi imAn ke is martabE par nahIN pohNcha ke ma’siyyat mayN us ki itA’at ki jA’e”
(Umar ibn KhattAb (RA))
I would like to thank the Musharraf fan club here on this post for enlightening the rest of us. You gotta give it to Musharraf. How can one not praise a person who came to power, through the back door, to save the nation from bloody civilians. Then he picked and chose the most honest and honorable politicians (Chaudries/MQM and such) with no blemishes on their records and surrounded himself with them. Empowered the legislative houses and the office of prime minister with no interference from the presidency. He took some hard decisions, in national interest , mind you, , like doing away with an independent judiciary and free media etc, things that just get in the way of efficient administration. People are being a little unfair to him by asking him to go. He has only been there for eight years, not enough time to do anything useful really, just ask Hosni Mubarak/Qadhafi etc.
Probably one of the strongest argument of the Mush fan club is that democracy, rule of law and freedom of expression are not deserved by an un-civilized society like ours. Maybe when we become a civilized society then we would be justified to ask for these luxuries? But I am confused, can we call ourselves civilized without these things? Chicken or the egg?
RJ
Thanks Many here have only one mission and that is to Bash Mushraf , move on and see the end results before bashing him. Check out this http://www.longlivepakistan.com