Pakistan: Danger and Anticipation in its 60th Year

A stable and democratic Pakistan is crucial to both regional and world stability. The population of Pakistan deserves fair representation and protection from human rights violations. A realisation of the basic rights endowed to the people by international accords is conducive to a stable and secure Pakistan. The security and stability of Pakistan is currently at risk from two internal issues. Ineffective, undemocratic governance and religious extremism have the potential to destabilise the country, and have already caused significant problems. The situation in Pakistan is particularly pressing because elections are scheduled for the end of this year.

Suspension of Chief Justice Chaudhry

On March 9 2007, President Musharraf summoned the now suspended Chief Justice Iftikhar Chaudhry to his official residence. The Chief Justice was asked to explain his position on a list on charges made against him by the government. Unsatisfied with the response given, President Musharraf suspended the judge, enacted the Supreme Judicial Council (SJC) to investigate the matters, and appointed an acting Chief Justice.

The suspended Chief Justice was held under house arrest and incommunicado for over forty-eight hours, had his phones disconnected and residence searched by intelligence agents. A list of charges was not immediately produced but it has now emerged that Justice Chaudhry is accused of a ‘misuse of office,’ specifically that he used his position of power to place his son in a favourable job.

A UN press release dated 21 March 2007, states that the Special Rapporteur on the independence of judges and lawyers and the Special Representative of the Secretary-General on the situation of human rights defenders expressed “serious distress about recent events in Pakistan.”1 Charges against the Chief Justice originate from President Musharraf, and are an attack on the independence of the judiciary.

The suspended Chief Justice addressed issues contrary to government interests such as cases related to human rights and women, and often criticised senior officials and police officers.2 The charges appear politically motivated; both the suspension of the Chief Justice in this manner and the conduct of the trial are in contravention to international law and the Pakistani Constitution. As well as challenging government interests in cases before him, Justice Chaudhry may have also played a role in blocking a further extension of Musharraf’s total control over the government and the army by exercising judicial review of any extension when it comes up at the end of the year. Musharraf has held on to his positions as both President and Chief of the Army through a Constitutional amendment that expires on 16 November 2007.3 Originally, the Constitution dictated that the President could not hold the position of Chief of the Army as well. Speculation indicates Musharraf supported the suspension of the Chief Justice because Chaudhry was likely to block his moves to continue as President and Chief of the Army. 4 The trial of the suspended Chief Justice is ongoing and is unlikely to be resolved in the near future. The proceedings are currently being held behind closed doors and Chaudhry’s defence is being met with significant opposition. It is critical that the trial is fair, independent and open. All citizens of Pakistan, including government ministers must be held to account on the same laws, and face uniform standards of enforcement. The trial must abide to international legal standards if the outcome is to be viewed as legitimate.

Protests

The suspension of the Chief Justice provoked resignations of a number of senior judges, and sparked wide spread protests against political interference with judicial independence around the country. Lawyers and judges have stood with Islamists, opposition political parties and civil society to express their distress at the attack on the independence of the judiciary. Furthermore, the suspension of Justice Chaudhry has increased dissent and unified opposition to military rule. In protests against the suspension of the Chief Justice on 16 March 2007, police used tear gas and baton charges to shut down the demonstrations and detained approximately 150 people in several cities.5 Security forces attacked the popular Geo TV station that was broadcasting scenes of police brutality. Despite Musharraf later apologising for the incident, another leading television channel, Aaj, is currently facing threats to shut it down from the government over its coverage of the Chaudhry affair.6 The approach of the government towards the Chief Justice and the resulting protests illustrates its contemptuous attitude towards international law, human rights and dissent directed at the ruling party.

Religious

Extremism Religious extremism poses a significant and growing threat to the security of Pakistan. Poor governance has enabled extremist organisations to exploit the grievances of disaffected groups, which adds to the complexities faced by the government. Human Rights Commission of Pakistan Secretary-General Iqbal Haider describes the situation in Pakistan as, “There was no doubt about the government’s inability to answer the threat of Talibanisation in a straightforward and transparent manner had enabled the militants to extend their control over large areas.”7 The problems of religious extremism and poor governance have exacerbated each other, further eroding the security of Pakistan’s citizens. The consequences of growing religious extremism are experienced at varying levels. On 14 March 2007, two men and a woman were sentenced to death by stoning for committing adultery. This took place in the semi-autonomous Khyber tribal area and was ordered by a council of elders, known as a jirga. A government official stated, “We do not get involved in such matters which are decided by jirgas themselves.”8 This shows the lack of initiative of the government in dealing with extremism.

The government has recently encouraged local tribes to fight against foreign militants in the tribal region of South Waziristan. Foreign powers have accused the Pakistani government of harbouring militants loyal to al-Qaeda in this region. The government was quick to champion the cause; overlooking that they were using civilians to fight a military battle and that it supported a ‘war that appears to have cemented the authority of a Taliban militia.”9 As a result of the fighting, militant leaders have emerged and are able to assert authority to a greater extent. There is danger that the population of this region will now view the local militia as a legitimate governing force. However, some tribal elders of this region have since asked the government to provide security in the area10, further illustrating the government’s failure to provide the basic functions of a state. Explanations for the troubles include the fact that in this region of religious extremism, education levels and government investment are among the lowest in the country.

Pakistan’s main intelligence agency, the Inter-Services-Intelligence Agency (ISI) has a history of supporting and inciting religious extremists. Governments have exploited religious militancy to act in their interests, often using the ISI as a facilitator. In seeking to control and exploit religious militancy, the government has empowered such groups. However, many groups of religious extremists are autonomous from any such control. Critics of the ISI charge that sections of it have been radicalised and pose a direct threat to Pakistan. Former Pakistani High-Commissioner to the UK, Wajid Hasan describes it as ‘a state within a state.’11 The threat of religious extremism is of grave concern as it has infiltrated many levels of society in an organised, sustainable and institutionalised way.

The chief cleric of the radical and increasingly popular Islamabad Lal Masjid or Red Mosque, Abdul Aziz, and his followers advocate a Taliban style system of justice with Sharia Law considered above state law. This group of individuals is a typical example of extremist elements in Pakistan. However, they have managed to assert their power and belief systems with an aggressive stance more than most groups.

Despite large protests against the extremists in Lal Masjid, recent reports indicate that the government has ignored the wishes of the wider population, bowed to pressure from Lal Masjid and agreed to accept all demands put forward.’12 Demands included reinforcement of Sharia Law throughout the country, which threatens the rights of all. The government is concerned that attempts to restrain the growing militancy of Islamic radicals will be met with violence and resignations from religious groups in Parliament, further threatening Musharraf’s rule. The government must take steps to stem the growth of religious extremism to secure its citizens and wider region.

Action

Pakistan is facing a critical time in its short history. Ineffective and authoritarian governance has cemented the grip of radical groups. The government is acting to consolidate its power without consideration for the norms of democracy, as demonstrated with the Chief Justice affair.

The Government of Pakistan needs to lead a comprehensive resolution to religious extremism. Democratic elections would provide the government with a clear mandate, and it should then confront the problem with the people of Pakistan. A multi-pronged comprehensive approach is required if the problem is to be addressed in a productive and sustainable manner.

Elections this autumn invoke hope and anticipation. Peaceful and fair elections, followed by respect for human rights potentially provide the foundations for a solution to many of the problems currently faced.