Long Road Ahead

Elections results are still pouring in, but the trend is clear. Till the writing of this piece, PPP was leading the tally in national assembly with 86 seats while PML(N) was trailing behind it with 65 seats. PML(Q) showed a very dismal performance with managing just 38 seats against the boastful claims of more than 110 seats in national assembly before the elections. In the process, it lost some of its prominent leaders like Ch. Shujat Hussain and Hamid Nasir Chattha, both of whom lost their seats in their strongholds native constituencies. Another pleasant but not altogether unexpected surprise was the performance of ANP in NWFP. Religious parties lost their ground in NWFP to more secular and people oriented parties, and the head of JUI(F), Moulana Fazl-ur-Rehman lost his hereditary seat in D.I.Khan, which even Zulfikar Ali Bhutto was not able to win against his father at the height of his popular career. Had it not been the prudent decision of Moulana to contest election also from Bannu, he would have been out of the legislature altogether.

These elections are very important. After a very long time people of Pakistan have voted for the parties not on the basis of local influences, like who did the most work in the constituency, but on the basis of greater national picture. They showed their defiance against the last ruling party and punished them for continuously rising prices; lack of law and order, fight against terrorism by fully complying with US instead of taking local scene in perspective, and last but not the least the way judiciary crises was handled.

The inspirations of people have been conveyed through their votes. Now, what remains to be seen is how the elected members harness these public sentiments in bringing about the change. People are yearning for change, and what they desire are just demands. Some of these demands are given by the parties themselves through their election sloganeering like Roti, Kappra and Makan (Bread, Clothes and shelter) or restoration of judiciary on which PML(N) contested their elections.

There are people in our intelligentsia who always thought that the people of our country with high illiteracy rate and influences of biradiarism, feudalism and poverty are not fit for democracy. This rhetoric was against uttered by our Ex-General - current President during his useless tour of the west in recent past when he said that Pakistan will attain democracy on its own pace and western obsession with democracy is totally wrong (words are mine).

My rhetoric is totally different and opposite as I think that it is lack of democracy and degradation of institutions that is cause of our woes, and which force people to look at their biradaries and feudal elements for protection. If justice cannot be guaranteed by public institutions then common man will definitely invoke his biradary connection to survive. In the same way, if one is oppressed by feudal land lords, in the absence of state support either he will revolt or will submit, later option being more feasible because the cost of standing up has to be paid not only by him but by his kin and kith also.

Add to it the element of frequent intervention by military, which has destroyed the public institutions. Judiciary is a story known to all, but there is not a single section of executive arm that has not been permeated by the military officers at the cost of civil ones. It is a known fact that the officers in civil cadres are routinely subjected to scrutiny by intelligence agencies and their promotion to higher position depend on intelligence assessment instead of past performance and merit.

So in my opinion, the great tasks for the next government are at two levels. First one is at the level of realigning itself in the war against terror, and the second one is institutional strengthening and structural adjustments.

As far war against terror is concerned, it has to work very closely with the people in the areas affected by the war on terror. Unless, it does not sell to the people in the effected area the idea that war against terror is in their long term benefit, it would be very difficult to win on this front. Again the concept of institutional strengthening especially in terms of providing justice come into play as in some area having strong militant elements like Swat, it is the lack of speedy justice that make people of that area look towards people like Fazl-ul-Ullah type elements. In the same way, the people of tribal areas should be included gradually in mainstream national life by providing everyone with political representation. As a first step, it would not be a bad idea if they are allowed to rule themselves through a local council selected by them and remaining semi autonomous like now. Cruel British Raj era regulations have to be done away with and the executive wing should be placed under local elected council with simultaneous reporting to governor in case of PATA and President in case of FATA. But most importantly, a mechanism of speedy justice should be provided to them because in the absence of speedy justice, the tribal code of life will prevail as it provides a ready mean to extract justice, however crude it may be. With the structural adjustment and institutional strengthening the tribal areas can be assimilated in settled areas, and we can re-align ourselves in war against terror. In this way we will be addressing our own structural problems of lack of government writ in tribal areas with the help of tribal people themselves and at the same time preserving their sense of autonomy.

The second structural adjustment is the addressing the question of federation vs. provinces. There lie the seeds of discontent in the provinces. We have the constitution which speaks about the council of common interests and distribution of power between provinces and federation, but it has first to be assessed as to its appropriateness and then as to its implementation in letter and spirit. Keeping in view, the results of current elections, a single party might not be able to carry out institutional reforms in this regard but it would be worthwhile to rally around this question as like minded parties may join the cause. Even if it is not successful, it will result in building of political capital for the parties involved and a sense of relief among elements in provinces as to their concerns being addressed at the centre. This sense of relief will definitely translate itself into lesser militancy at provincial level and act as a stimulant towards the urge to participate in political process.

Coupled with all the above, the most important is the institutional strengthening at all levels. First of all, it has to start from the legislature itself. The draconian powers accorded to the President for dissolving of assemblies has to be taken away, and I am sure that two leading parties should have consensus on this. Further, the National Security Council should be reporting to Prime minister instead of President, and its role should be only consultative one.

Institutions at all level have to revitalized, and should be made free from the influence of political influences. A mechanism has to be designed where a civil servant can go and lodge his complaint in case he feels mistreated or abused. Ideally this mechanism should be under the domain of judiciary to ensure its independence.

Now, we come to judiciary. This question is intimately linked with the fate of President. According to Aitezaz Ahsan, to restore the pre 03 November, 2007 judiciary, only a simple majority in the National Assembly is needed. I am sure when he said that he must have also taken into account the question of its passing from senate. If this is the way, then it must be taken. This will leave President in quite an embarrassing situation, and I am sure he will leave on his own accord. But this should be on top priority once Government is formed. Although, it is wishful thinking but it would be great that once the dignity and rightful position of His Lordship and his brother judges is restored, they may themselves leave their offices to close this dark chapter of our history once and forever. Once pass this stage, I am sure the honorable judges will find themselves in a position of more independence in discharging their duties of imparting justice. Further, ministry of law should be given more resources so that it can pool them in opening more courts to dispense justice at lower level at higher speed and to clear backlog of pending cases.

Once, our institutions are strong and are working efficiently in their respective areas of responsibility without meddling into areas not related to them, I am sure we can look at a mush brighter future.

This all require the political will of our newly elected politician. If they act with political maturity and combine their strengths for commonly identified causes and act gracefully on what they do not agree but still yielding to the majority, democracy is going to strive in the country. If they again create a scene of deadlock by bowing to their personal egos rather than to the will of people, what will happen is painfully familiar to us.