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Success Lies in the Rule of Law

The recent demolition of an illegally constructed seminary in an Islamabad graveyard, on the orders of the Islamabad High Court (IHC), comes as a silver lining in the country’s charge against deviations from and violations of the law of the land. If the ruling elite allow the law to take its course, many issues can be settled. And one assumes that one strategic decision flowing from the National Action Plan is to strictly enforce the law. The IHC case perhaps, also underscores the superior judiciary’s ever-growing emphasis on upholding the rule of law as the fundamental prerequisite for fighting, checking and neutralising terrorism, extremism and crime. The case related to a seminary illegally constructed at the G-11/3 graveyard. Earlier this month, the court ordered the Capital Development Authority (CDA) to demolish the structure within a week. The CDA complied and razed it. This happened only because the top echelons of power refrained from intervention. And this explains that given political will, no man-made problem is insurmountable. The lawyers’ arguments and observations during this case offer an interesting study in the subtle shift within the judiciary in favour of the strict enforcement of the rule of law. While issuing directions for the demolition of the illegal structure, Justice Shaukat Aziz Siddiqui observed that “no religious seminary can be constructed in an illegal manner and without adopting a due procedure … Do you have the permission from the CDA or any competent authority to establish the madrassa?” Justice Siddiqui asked the counsel for the ‘illegal seminary’. The counsel for the seminary administrator instantly ducked under a lame excuse claiming that there are a number of madrassas in the capital running in a similar manner. But Justice Siddiqui promptly reminded him that it was against even the teachings of Islam to encroach upon another’s land. Quoting an example, former president of the IHC Mohsin Akhtar Kayani told a publication that...

‘Not a Perfect World’

EXPRESSING dissatisfaction over Pakistan’s latest ranking in the Corruption Perception Index, President Mamnoon Hussain told the National Accountability Bureau some time ago to “net the big fish involved in corruption”. He also called for “social boycott of corrupt elements”, and said that “primary responsibility for ensuring a culture of good governance lay with the civil administration”. Agreed, but do read the following, Mr President. Sometimes unexpected telephone calls or unanticipated interventions in your life make all the difference. For better or worse, you are tested. More so if you are in public service. That October night in 2009 was an unforgettable experience for me. I was woken up by the shrill tone of the ‘green’ phone on my bedside table at 2am. The voice on the other end was that of a polite and respectful operator. “Sir, sorry for the late call. The president wants to talk to you.” The president? I asked incredulously and requested the operator to wait till I had put the lights on and got my notebook. In fact, I wanted to be fully awake having slept late after a long flight from Singapore where, as DG FIA, I had won election as member of the Interpol executive committee to represent Asia. As the second Pakistani to be bestowed the honour of serving on the highest policymaking body of the global police organisation, I was still relishing this incredible victory for Pakistan. The first and only thought that came to my mind was that the interior minister must have informed the president after having returned a day earlier and spoken at the inaugural ministerial session in Singapore of the 78th General Assembly of the 198 member states of Interpol. When safeguards against corruption are weakened, a culture of sleaze becomes pervasive. With pride in my voice, I informed the operator that I was ready to talk to the president. After the ADC had checked my status, the head of state came on line. There were no greetings or formal courtesies: “DG sahib,...

Zarb-e-Azb, One Year On

A year ago this month, Pakistan launched a multi-pronged military operation in the embattled North Waziristan tribal region to flush out Al-Qaeda-linked local and foreign militants. In the course of this campaign, Pakistan Army lost 347 soldiers including several officers. At the same time, it claims to have taken out about 2,763 terrorists of all hues – Pakistani, Arabs, Afghans, Uzbeks and Chinese Uighurs.[1] The campaign has spread over some 6,000 square kms bordering Afghanistan, considered to be home to several Al-Qaeda-inspired terrorist outfits. Director General of the Inter-Services Public Relations (ISPR) Major General Asim Bajwa says that a string of big and small 9000 intelligence-based-operations (IBOs) resulted in the destruction of some 837 terrorist hideouts and the recovery of about 253 tons of explosives, which would have been good to prepare and plant five improvised explosive devices every day for 20 years.[2] As many as 18,087 weapons including heavy machine guns (HMGs), light machine guns (LMGs), sniper rifles, rocket launchers, and AK-47 rifles, were also recovered during the past one year. Reality vs Claims  Government claims of terrorist casualties and seizures of weapons and explosives notwithstanding, the Zarb-e-Azb campaign has certainly created space for the government and the military. Firstly, by stepping into regions which were considered as “no go areas” the army has not only managed to reclaim those areas but has also established the governmental writ there. Secondly, the operational activity resonated a decision at the strategic level i.e. the military and the government are not ready to tolerate any anti-state activity by non-state actors any more– regardless of who they are. Thirdly, the casualties among the armed forces, not only helped in restoring peoples’ trust in state institutions but it also reinforced the belief that the militants have to be taken head-on. Fourth, the operation finally got the civilian-military ownership...

CRSS completes first of three trainings under the Harnessing Future Leaders project

On Sunday, June 14, 2015, the Center for Research and Security Studies concluded its three-day training and capacity building exercise with selected youth of the Khyber Pukhtunkhwa (KP) province. The youth, selected from universities and colleges in the cities of Peshhawar, Charsadda and Nowshera, were pre-selected through recommendations of their educational institutions for displaying leadership qualities in need of grooming. Between June 12 and 14, 2015, 62 youths travelled to Peshawar to participate in the first round of training exercises. The first round comprised of three distinct topics, including "Leadership and Motivation", "Democracy, Governance and Accountability", and "Civic Engagement". Students underwent extensive training with renowned and well-established trainers in these respective fields, complete with group activities, internal competitions and dialogue. CRSS hopes that by training these youth in critical life skills and helping them perpetuate this knowledge forward, we can create a movement for tolerant, peaceful resolution of indigenous conflict, inculcate respect for diversity and rule of law, and sensitize youth to respect the opinions different from their own. This initiative subscribes to the larger philosophy of mitigating and eliminating conflict in the region through peaceful mechanisms. Former Information Minister for the KP Mian Iftikhar Hussain also addressed the youth during the closing ceremony of the training. He said that youth need to aspire to do bigger, better things, and in order to become the leaders of tomorrow, they must show patience, respect, plurality and inclusiveness today. The next round of trainings is slated for after the holy month of Ramazan, and will focus on topics such as "Rule of Law", "Conflict Prevention and Mitigation" and "Tolerance for Diversity". _____________________________________________________________________________ Business Recorder Story  

Encirclement of Pakistan: What awaits Pakistan under the Growing Indo-Afghan Relations?

Contributed by Ms. Sitwat Waqar, CRSS Research Fellow. Context For years, particularly since the unfolding of the anti-terror war in October 2001, apprehensions of encirclement by India and Afghanistan have been growing. For most of the time, Pakistan's security apparatus viewed the growing Indo-Afghan-American relations as an unusual “Pakistan-focused nexus” meant to “encircle” Pakistan. Much of Pakistan’s security doctrine has since aimed at preempting and neutralizing those threats emanating from its western and eastern borders. However, those apprehensions have assumed alarming levels in view of the recent string of intimidating statements from the Indian prime minister to the defense and foreign ministers as well as the national security advisor. These have not only evoked strong reaction from Pakistan’s military and the civilian leadership, but also alarmed external players such as the United States, which believes growing Indo-Pak tensions, will also play out in Afghanistan and undermine President Ashraf Ghani’s peace mission. Pakistan’s army and the government have responded furiously to the Indian statements and warned New Delhi to desist from what they said “adventurism,” thus pushing the two countries further away from the goal of resumption of dialogue that has remained stalled since India suspended foreign secretary talks last August. The assertive statements by the Indian defense minister Manohar Parikar and the national security advisor Ajit Doval in particular also practically blow the lid off the destabilization campaign that India may have been running inside Pakistan with the support of militant groups masquerading as Baloch nationalists and Taliban. Are some of the latest developments proving the fears of encirclement right? Events of the past few weeks certainly point to an unusual situation which might eventually translate into an armed conflict – even if limited - between the two nuclear-armed south Asian neighbors. Background Between 2004...

CRSS launches Harnessing Future Leaders

The Center for Research and Security Studies (CRSS) is set to kick-off a unique youth training program for talented young people with leadership abilities, drawn from educational institutions in three districts of KP. The objective of the intervention is to groom them and raise awareness among them on how to be better future leaders and harbingers of change. The project will build their knowledge, understanding and organizational capacity in issues that are pre-requisites of social peace and harmony, including peace building and tolerance of diversity, as well as rule of law, rights and responsibilities, conflict-prevention and mitigation through the provision of capacity-building trainings. Project objectives include: To provide knowledge and skills to the selected youth about fundamentals of democracy, civic participation and responsible citizenship, peace building, good governance and accountability, universal human rights, and rule of law. To make youth from target regions comprehend the significance of their participation in socio-politcal and economic life. To prepare and motivate selected youth from target regions to work as young ambassadors for messaging on respect for human rights, diveristy, tolerance, peaceful co-existence, democracy and social engagement in their institutions and communities. Encourage them to use social media tools for messaging and networking CRSS will provide a detailed after-activity report once the first round of training is complete.

The Woes of Selective Justice

On June 8, 2015, the Federal Investigation Agency (FIA) arrested 17 executives at the Axact branch office in Islamabad. A case was registered against CEO Shoaib Shaikh, his wife Ayesha Shaikh, regional directors, operators and managers, due to their involvement in issuing fraudulent degrees in exchange for obscenely large sums of money. Going into more detail about the flaming controversy surrounding Axact will only sound redundant at this point. Several reporters and writers have thoroughly scrutinised the company’s insatiable appetite for deception. They have also voiced their utter bewilderment after witnessing the CEO’s staunch resistance to accusations against his corrupt venture. I once sat back and wondered whether he was a fiercely tenacious liar or just a man who lived in a sorry state of denial. Either way, it appears as if Shoaib Shaikh and his goons have been cornered — for now at least. I also want to recall a specific incident that was reported on June 5, 2015. It’s the day eight men who helped orchestrate a gun assault on Malala Yousufzai were acquitted from a 25-year jail sentence. Why is it that the eight men who were involved in the attempted assassination of a 14-year-old child have been spared the wrath of justice? Even though legal entities acted swiftly against the perpetrators of the Axact scandal, they have consistently limped, withered and eroded when given an opportunity to constrain militant violence in Pakistan. Executives heading a fake diploma mill indefinitely need to face the consequences of swindling people on a global scale. I, however, fail to understand why more flexibility is being shown to individuals who played a role in using bullets to silence a young girl’s courageous defiance. According to previous reports, police officials said there was not enough evidence connecting these eight men to the 2012 attack on Malala. This supposed lack of proof is rather baffling since they actually admitted to helping plan the attack. Even...

Green to Orange

Where our priorities went wrong “Ninety per cent of my time is spent on resolving issues relating to terror, power crisis,” says Prime Minister of Pakistan. Action reflecting these aforementioned words is hardly visible. Unfortunately, people of Pakistan have not been able to experience any such scenario that can save their lives by solving their problems. Commitment and openness is regrettably missing. Things could not have been worse than May 2015 when ECC approved Lahore Orange Line Metro Train, the brainchild of Chief Minister Shahbaz Sharif, of worth PKR165 billion that is only confined to the city of Lahore. On 28th May, 2015, All Parties Conference was held where Prime Minister reiterated the same agenda of overcoming energy crisis via the CPEC projects. Energy projects under CPEC are mostly coal based and LNG based plants at Balloki and Haveli Bahadurshah. If LNG imported from Qatar, at $14/MMBtu is used in the power sector then what will be the impact on average price of energy basket that is already extremely high? Is this not daylight robbery? Complete silence is being observed in the economic corridor with respect to the tariff, economic impact of energy projects. It merely appears to be a joke for the people of Pakistan as they are not only being deprived from energy at affordable rates but are also victims of severe water shortage. It seems like the interminable water crisis in Karachi and the people of Thar who are calling for help from the global community are not making any impact on the decision-makers. Are there any steps being taken for the development of dams, for water storage from swelling rivers and heavy rainfall in monsoon? In addition, the country is badly caught up with the issue of terrorism. It has become a nightmare that is haunting every citizen of the country. A general observation suggests that socially and economically deprived areas are nourishing the bread of terrorists. When the Minister of Water and Power of the current...

An Open Letter to Important Men

Dear Sharifs, Your predecessors often fell short on their oath of duty. They mostly used the public vote and positions of power to pursue personal or narrow party and institutional agendas — all in the name of national security. They either willingly misled the Pakistanis or confused personal enrichment and self-preservation with national service. And hence Pakistan’s current dire straight. Your repeated pronouncements on counterterrorism and the rule of law, have failed to evoke definitive trust among foreign friends. While a lot seems to be happening on the security front since the gruesome Army Public School (APS), Peshawar, attack in December, skepticism about your real intent abounds not only at home but also in Washington and Beijing. Those in Washington and London still sound sceptical about the long-term intents of Pakistan’s political and military intent. They appreciate the strategic decisions underlying the National Action Plan (NAP). They also acknowledge the military gains in Waziristan as well as the push against organised crime in Karachi. Yet, they question the claims of success against terrorists and criminals. They quote the May 27 review meeting that you were part of. Those in Beijing are empathetic to the context of the sociopolitical complications that geopolitics have thrown up in Pakistan. Some world leaders also relate to Pakistan’s concerns vis-a-vis the belligerent neighbour India and desire dialogue between both countries. But big questions still surround the lofty rhetoric on the 20-point counterterrorism (CT) as well as on claims of good governance. The NAP, for instance, contains a strong commitment against proscribed and militant organisations but Pakistanis are confused when they see the Maulanas and  adorning television screens on issues such as relations with India, Afghanistan or the US, and when ministers, lawyers and parts of the judiciary support non-state actors. All outsiders see this as a serious contravention of the...

Pakistan Executes 150 in Six Months

Pakistani has executed approximately 150 ‘criminals’ over the past six months amidst concerns that those executed may have been tortured into making false confessions, reports The Independent. Saudi Arabia has executed at least 90 over the same time period, while the United States, 14. Human rights organisation Reprieve last Thursday marked Pakistan's 150th execution since the lifting of the moratorium. Prime Minister Nawaz Sharif partially lifted the moratorium on the death penalty for executions linked to terrorism following the Dec 2014 Taliban attack on Peshawar's Army Public School, leaving at least 50 convicts facing execution. The moratorium was lifted completely on March 10, leaving 8,500 prisoners on death row ─ one of the largest death-row populations in the world ─ up for execution. The report says ministers in Pakistan plan to execute hundreds more despite concerns over ‘forced confessions’ from international organisations. Many of those on death row are believed to have been juveniles at the time of their offence ─ a breach of Pakistani and international law as Pakistan is a signatory to the International Covenant on Civil and Political Rights that forbids minors being sentenced to death or executed. A 2013 study of 30 Pakistani death-row prisoners conducted by Reprieve and the Justice Project Pakistan found that 10 per cent of prisoners were arrested and sentenced to death as minors. The study infers that according to these findings, there may be at least 800 child offenders among the 8,261 on death row. Shafqat Hussain is believed to be one such offender, whose execution was stayed for the fourth time just hours before his hanging on Tuesday morning. Shafqat was arrested and sentenced to death in 2004 for the kidnapping and involuntary murder of a seven-year-old boy, who lived in a Karachi apartment building where he worked as a security guard. Published on Daily Dawn June 09, 2015 

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TESTIMONIALS

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I am also a member of National Assembly’s Standing Committee on Information and Broadcasting. Recently, we held a meeting with the Director General of Radio Pakistan and we told them to initiate such local programs (like Constituency Hour) in regional languages to educate and inform people. Even Indian Radio can be heard in FATA which is being used for propaganda purposes and must be closed. Therefore, we should launch some standard and quality programs like CRSS that will change the taste of the listeners.

Soniya Shams

Shaheed Benazir Bhutto Women University, Peshawar