Swat Peace Pact: A Ray of Hope

Pakistan is a front line Non-Nato Ally of US led coalition in the War Against Terrorism. Geo-strategically and Geo-politically Pakistan is a very significant character on the international stage. Pakistan herself also has become the victim of the terrorism. After the merciless incident of September 11, 2001, USA invaded Afghanistan and once again looked towards Pakistan for help as it was facilitated in 1979 against USSR. In December 2001, USA attacked Afghanistan and after few months of resistance Taliban regime was ousted. Taliban is a group of some radical people who believes in extreme and fundamental values and interprets Islam according to its own point of view. They believe in the use of force to spread the message of Islam that is against the true spirit of Islam. Pakistan fought a proxy war in Afghanistan and Jihadis from all over the world came to Pakistan to get training of guerilla war tactics. USA funded Pakistan for the establishment of seminaries to equip the Jihadis against USSR in Afghanistan. Since that time these Jihadis have been settled in the tribal areas of Pakistan along with the border of Afghanistan.

Once it was thought that Taliban has lost all their powers after the fall of Mulla Omer’s regime, but they better equipped, financed and regained strength not only in Afghanistan also in neighbor state Pakistan with the passage of time. In Pakistan, these people are commonly known as the ‘Local Taliban’. Right after the demise of Taliban government in Afghanistan, they started insurgency across the Durand Line in Pakistan. Tribal areas of Pakistan became the hub of terrorist activities. Blame game between both governments of Pakistan and Afghanistan started. Both think that the other country in responsible of terrorism in the whole region.

Pakistan’s previous government deployed its army at the large scale for the first time in the history of Pakistan to crush the terrorist militants in the Federally Administered Tribal Areas (FATA). A large number of militants and army men lost their lives during the operations. On September 5, 2006, the Waziristan Accord, an agreement between tribal leaders and the government of Pakistan was signed in Miranshah, North Waziristan to end all fighting. But later that agreement could not prove as much fruitful and the insurgency remained continuous. With the passage of time other three agreements were signed but they also faced the same fate. The government of Pakistan launched another military operation in Swat in November 2007 after militants led by Moulana Fazlullah had tried to seize the control of the district and cut off the Karakoram Highway that links Pakistan and China. The culture of terrorism spread all over the country. Killing and suicide bombing became the routine of daily life. Flames of terrorism took the whole country in the lap of spreading fire.

The day when new elected government came into office, the threat of terrorism was haunting it. It is the real threat to the stability of the state. On May 21, 2008 the provincial government of North-West Frontier Province (NWFP) signed a fifteen point peace pact with the local Taliban in Peshawar. The NWFP government was represented by Senior Minister Bashir Ahmed Bilour, Senior Minister Rahimdad Khan, Enviornment Minster Wajid Ali Khan and Awami National Party’s provincial chief Afrasyab Khan. The Taliban militants were represented by Moulana Fazlullah’s aide Muslim Khan, Moulana Mohammad Amin and Ali Bakht. The talks lasted more than six hours.

According to this 15 point peace agreement, the local Taliban has accepted the writ of the government in the region and promised to help the administration to maintain the law and order situation. Taliban has renounced the militancy and terrorism. They have also agreed to eliminate all sources of militancy and stop training suicide bombers. This agreement envisaged a phased withdrawal of troops from the District of Swat and required Moulana Fazlullah’s supporters to stop attacks on security forces, government officials, installations, girls’ schools, CDs shops and barbers shops.

Under the agreement, the government will enforce Sharia Laws in the Malakand division and withdraw cases registered against the Taliban. A joint committee will scrutinize the cases filed against militants, including Moulana Fazlullah. The Imam Dheri seminary which served as the headquarters of the militants will be converted into an Islamic University. No group will be allowed to recruit a private militia. No radio channel will work without the prior permission of Government. Moulana Fazlullah has been allowed to run his controversial radio channel. No one will be allowed to obstruct the polio vaccination schemes in the area. The Taliban will help the action taken by the local authorities against kidnappers, robbers and other criminals. The government will pay the compensation to the people who have lost their relatives in the military operations and whose houses have been damaged.

This peace accord is being considered a very kind step taken by the government and the local Taliban. People have hopes that this agreement will be fruitful for the restoration of the peace in the region. The newly elected government has abandoned the policy of use of force against those people who are ready to sit on the negotiation table. The fifteen point peace agreement was need of the time, as the use of force could not create peaceful environment. It is the first step of the popularly elected government for the conflict resolution through amicable means. Though USA and Afghanistan have reservation on this peace deal but it is the demand of the time that parties to the agreement should follow it for the peace and tranquility in Pakistan.

Dismembered Coalition Reveals the Truth by Yawar Hayat Shah & Zamurrad Awan

The most awaited talks between the head of ruling parties finally ended up on a sad note, as it was feared by a number political pundits that the honeymoon between Pakistan Peoples Party (PPP) and Pakistan Muslin League- Nawaz(PML-N)or, more specifically, between Asif Ali Zardari and Nawaz Sharif will not last. Since the government formation has completed, the judicial crisis was seeking an immediate resolution, though the other issues remained a matter of serious concern for the newly elected government.The coalition government promised the nation in the ‘Bhurban Declaration’ that judicial crisis will be solved within thirty days of the creation of the government. Thirty of the April was set as the deadline for the restoration of the judiciary as it was on November 2, 2007. Due to some complexities it would not be happened on the April 30, 2008 and the new deadline was announced in Dubai Talks by both parties that was May 12, 2008.Last fifteen days made an environment of the country more suspicious as the PPP and PML (N) hold discussions for hours together to sort out a way, but both parties told the media that they had failed to bridge differences over the route to take for the reinstatement of the deposed judges. Leadership of both parties was there in London to hold talks on the issue. Despite the last minute intervention of the US Assistant Secretary of State Richard Boucher, London Talks collapsed.Finally 12th May proved itself a decisive one and PML leaders reached back to Pakistan. After having long meetings with the headship of Pakistan People Party in London, Pakistan Muslim League (N) decided to quit from the federal cabinet. Nawaz sharif while talking with media that his party will not become a part of any conspiracy against the democratic government and will not strengthened the President Musharraf camp. He told the media that his party will sit on the treasury benches and will support the government according to the Charter of Democracy.On the other hand, Co-chairman of PPP Asif Ali Zaradari has requested to Nawaz Sharif through a phone call and requested to hold his decision of resignation from the Federal Government till his return from London. He also has announced that the portfolios of the PML (N) ministers will be kept vacant and no candidate will contest against Nawaz Sharif in by-poll. He advised the Prime Mininster Syed Yousaf Raza Gillani not to accept the resignation of PML (N) ministers. He is confident that the PML ( N) would return to the fold of the coalition soon.PPP’s stance is that an illegal and unconstitutional action cannot be undo by taking equally illegal and unconstitutional step. This domino effect will cause the fall of whole administrative system of the state. Party is reiterating that judiciary will be restored through a resolution in parliament along with a constitutional package that wil ensure the supremacy and independence of the judiciary. PML (N) stressed government that it should announce the reinstatement of deposed judges through an executive order.So it can be analyzed that the differences between the two parties were over the modalities and not on the objective of the restoration of the judiciary. As both parties are still emphasizing that judiciary will be restored as it was promised with the masses of Pakistan,At this point in time, media is playing a role of catalyst, different news channels are telecasting diverse version of news. Every channel is interpreting the issue in its own way to create more ambiguity among the masses. Some News channels had telecasted the news that Nawaz Sharif has declared the end of coalition. In reality he did not talk about the break up of the coalition. In the time of this kind of deadlock media should not play irresponsible role to create a state of disappointment among people. Both leaders have political heads and knew the hopes and aspiration of the people of the land. They are taking steps like shrewd politicians and playing their card tactically. As PPP’s Co-Chairman declared that PPP will continue the support of PML (N) government in Punjab. Therefore, it can be judged that coalition has not come to its end. In fact, the both ruling parties are not in the position to quit the alliance, which is pertinent to sustain democracy in the country.

Yawar Hayat Shah
Zamurrad Awan

Derailed Justice in Pakistan

Judiciary is the most important organ of a government. Judiciary plays very significant role in a state. To provide the justice, judges make sensible decisions after carefully considering the best thing to do. It performs the function of settlement of disputes, interpretation of law, protection of rights. It is usually said that there is no better test for the excellence of a government than the efficiency of its judicial system. An independent judiciary is necessary for securing an unbiased trial of the accused. It protects the rights and liberties of the individuals. Independence of judiciary is essential for the protection of the constitution and the law of the land against encroachment by the government or the citizens.

Since the inception of Pakistan, Judicial system remained in doldrums. It could not enjoy the privilege of independence and impartiality. Political history of Pakistan is full of different kinds of twists. Military intervened in politics for a number of times and Judiciary gave the legal cover to the coups of military dictators under the guise of Doctrine of Necessity. Many times executive organ of the government i.e. President used the sword of 58(2)b to cut the neck of legislature.

On March 09, 2007, two organs of the government, the executive and the judiciary came in the direct confrontation. President terminated the services of the Chief Justice of Pakistan (CJP) and referred the case to the Supreme Judicial Council. Right after that decision whole civil society, lawyers’ community with the support of media poured into the streets and agitated against the suspension of the CJP. After a long struggle, CJP was reinstated on July 20, 2007. On November 03, 2007, when the full bench of the Supreme Court of Pakistan was about to disqualify the candidature of Pervez Musharraf for the election of President of Pakistan, he proclaimed emergency in the country. And a Provisional Constitutional Order (PCO) was introduced for the fresh oath of the judges of the Supreme Court of Pakistan and High Courts of all four provinces. Once again the Chief Justice of Pakistan, Iftikhar Choudhry was told that, ‘his services were no more required to the Government of Pakistan’. All the judges who refused to take oath under PCO were deposed and a new judicial setup was introduced.

This whole episode was played on the political stage rather than legal stage. From the termination of CJP till the proclamation of emergency and so on, each and every step was politically prejudiced and have no solid legal ground. A judge of the court of justice is the person who has its own world. He has nothing to do with the day to day affairs of the town, due to the status of impartiality. A judge speaks through his judgment and does not lead movements. This time judges of the Supreme Court and the high court became the national heroes and came on the road leading public rally that is against the prestige of their status. This judicial issue was cashed by the political parties of Pakistan during the general elections of 2008. Pakistan Muslim League (N) secured the votes in the name of restoration of judiciary. All the political parties played very active role in the struggle for the restoration of judiciary. The way in which deposed judges agitated against the decision of president is not suitable to the decorum of their prestigious office. It will be the acid test of the politicized Justices how they would be able to do justice on the basis of impartiality because they have taken support from the political parties. These parties will expect the favor in different cases. So, the real and urgent need of the time is not only the restoration of the judiciary but also the independence of judiciary. Independent judiciary is the key to the good governance. If judicial system will be free from the pressures it will follow the principle of the Rule of Law, according to which all human beings are considered equal in the eyes of the law. No one will be favored and no one will be victimized.