Saving Pakistan with the Constitution

rozaiba:
this is a good summary. there is this thing with the constitution is that it reads like a document of screw-ups of later day pakistani regimes. These are now served as legal precedents like eighth amendment and LFO.
Also, every single amendment and objectives resolution from the preamble has to be taken out if this thing has to have any life. So, in theory i agree with you. In practice, how this can come about is an open problem.

as for non-resident pakistanis. I think the problem is that they are suffering from deep insecurities. Most of them here who are criticising your article seem to be men of advanced age atleast three of them (tahmed, HP, zeemax) and they had lived most of their lives in one way or the other with this sham called GOP. It is like asking a man to not get on Titanic when he`d dreamt whole life and spent a fortune on it.

So, i guess ignoring them is a better option. People in Pakistan are a much better bet for you.


on a second thought, practically it is only possible when the foundations of federation is shaken up by a major event. Otherwise, next time there is a change and for it to be ``smooth``, there will be more amendments and ludicrous clauses tagged to the constitution. Nothing less than proclaiming a new republic will do. (and again the matter of `how and when` is out there)

your point about what was happening in west-pakistan around 1971 is something i also have thought about. maybe someday a pakistani filmmaker can dig up stuff and make a documentary about it like one made on vichy regime. sorrow something.

#47, Rozaiba,
I want to make one exception to my defense of Punjabis in general. Most Pakistanis do NOT hate all Punjabis, with the possible exception of the low-life emanating from Faisalabad. :)

#38 by rozaiba

Rozaiba,

You said ``The only reaosn these feudals and tribal leaders have held sway is that there`s been the threat of non-baluchistani forces usurping resources.

Please let`s be clear about this. The resources of any province belong to the State, i.e., the federation, or whatever you may call it. Whatever is beneath the ground, or springs from it, belongs to the federation and not to that particular province though negotiated and agreed royalties have to be paid. You talk about the 1973 constitution ... Read It.

If the eastern baluch of Marri/Bugti/Mengal lay claim over gas resources, Punjab can lay claim over its entire agriculture including the Kheora salt and Baluchistan will have no produce at federally subsidised prices. Or, Punjab can lay claim over the electricity from its power plants on dams on its rivers and Baluchistan will have no electricity or even water because there aren`t any rivers there; and NWFP can lay claim over resources of Mangla, or its tobacco and sugar; or even Northern Areas can lay claim over the entire river Indus which enters Pak in its territory.

What are you talikg about my friend?

``springs from it, belongs to the federation ``

Belongs to the federation and not to people who commit high treason by abrogating the fundamental contract that binds the very same federation.

#53 by Raw_Dust

Agree. So there must be a new social contract. That`s for sure. What that`s going to be? Wait and see.

#52 by zeemax on September 6, 2006 11:40am PT

``and NWFP can lay claim over resources of Mangla``

has mangla moved to NWFP my house is on the shores of mangla lake and its definetly in AJK.

#53 by Raw_Dust

``Belongs to the federation and not to people who commit high treason by abrogating the fundamental contract that binds the very same federation.``

This may be true of most countries in the world.

But Pakistan is different. The constitution is just one contract (an important one) binding the federation. There are also other ``forces`` such as civil/military bureaucracy, political parties, the Islamist fundamantalist movement, hatred of India, shared economic goals and national infrastructure that also act as a glue in this country.

Musharraf has weakened one binding force (i.e. the constitution) but reinforced many others (e.g. intra-provincial trade, national economy, civil/military bureaucracy, etc).

Economies of Punjab, Sind, NWFP and Baluchistan cannot grow at 8% without the help of a paternalistic federal govt. These provinces are better off negotiating a favorable resource-sharing deal with the federal govt, than seeking separation... beause that will just increase their dependence, instead of decreasing it.

pakistanis claim to be experts on islam and yet they dont understand its basic principles. sardari-tribal system bugti and his henchmen are defending violates the fundamental tennant of islam - that an individual`s standing in life is not dependent on the status parents or the tribe you belong to. prophet mohammed specifically warned against tribalism is his last sermon:

``...All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black nor a black has any superiority over a white - except by piety and good action. Learn that every Muslim is a brother to every Muslim and that the Muslims constitute one brotherhood...``

in about a 100 years after this khutba, muslims went from living in a society which was exactly like baluchistan today to being members of the dominant superpower of that time - a power that had beaten the persian and holy roman empire into submission. amazingly, jinnah in his maiden speech to pakistan`s constituent assembly expressed sentiments very similar to that preached by prophet mohammed in his last khutba:

http://www.pakistan.gov.pk/Quaid/speech03.htm

``...If you change your past and work together in a spirit that everyone of you, no matter to what community he belongs, no matter what relations he had with you in the past, no matter what is his color, caste or creed is first, second and last a citizen of this State with equal rights, privileges and obligations, there will be no end to the progress you will make...

...No power can hold another nation, and specially a nation of 400 million souls in subjection; nobody could have conquered you, and even if it had happened, nobody could have continued its hold on you for any length of time but for this...``

note that muslims have suffered the greatest defeat when unity principle has been ignored. cordoba was lost because muslims in asia could not see eye to eye with muslims in spain. jerusalem was lost when arabs stabbed turks in the back.

note that it is the unity principle that causes the most of amount of khujlee to gora lovers because weaker the ittehad, greater the gora influenece. you can see this very clearly even from modern history. the biggest heroes for gora-world are people like sadat and king hussain - people who sold their fellow muslims down the drain.

#25 by rozaiba
Rozaiba,

“Provincial autonomy is about who has the right to the land. And the people of that province see their land being expropriated.”

That is again a simplistic interpretation of what provincial autonomy is all about especially in Pakistan. It is not about just land it is abt political and economic empowerment. Sindh and Balochistan still don’t feel that they have been physically and forcefully occupied. (There maybe some elements who may think that but they don’t constitute the majority in both province otherwise PPP would not have remained a majority party in Sindh.)

In Pakistan, the issue of provincial autonomy is all about sharing political power and some economic power. The 1973 constitution was a minimum compromise by all federating units and the truth is that things have moved a little beyond that minimum compromise of 1973 now. Since 1973, the actors have changed too. While NWFP in 1973 was also a part of the grand alliance of the smaller provinces for Prov. autonomy, it is not there any more. NWFP within Pakistan has the kind political and economic power sharing that interior Sindh and Balochistan still crave. The dwindling influence of ANP shows the progress of NWFP’s integration with the political structure in Pakistan. In the 70s, there were bunch of angry young Pathan but now you will not find them in Peshawar.

Similarly, after an up and down struggle the Urdu speakings again have their share of political and economic power in the country. The point now is how to integrate interior Sindh and Balochistan into the power structure that Pakistan currently has. Constitution provides one avenue to do that.

However, the 1973 constitution is now dated and may not be the best vehicle to integrate Sindh and Balochistan in to the current power structure.

Interior Sindh and Balochistan present a more complex problem. In Sindh, conflict between the New and the old Sindhis is a major factor. When old Sindhis were able to share power thru Bhutto, the new Sindhi simply went berserk and were active in bringing the Bhutto government down in the center. The army played this card for sometime until it was forced to cede economic and political power back to the new Sindhis. The old Sindhis are still out of the loop. In Balochistan, the army found common grounds with the Pathan but it is struggling to find a way to empower Baloch within the current structure. I think Bugti’s death will help the army in hammering out some power sharing formula with his sons and the other players that will emerge in the coming months.

Looking at the current situation in Pakistan, I doubt that a constitutional democracy would be restored in Pakistan in the near future and all interest groups, politicians and the army itself would have to find solutions within what is there now. If the army can hammer a deal with the PPP of Sindh and various groups of Sardars in Balochistan including the heirs of Sardar Bugti, chances are that a workable solution could be reached.

The economic factors are moving in favor of Balochistan. With a little population to work with, the establishment should be able to cut a deal with the Baloch Sardars. Sindh may be tricky as the conflict between the two groups in Sindh is hard to mend in a short period.

Balochistan is much more economically integrated with the current Pakistan than it was in 1973. 90% of the Baloch Sardars own homes and properties in Karachi. A substantial Baloch middle class lives and works in Karachi and Quetta. So, an independent Balochistan does not look like a big threat unless things begin to change at the federation level.

...Loose ends have not been tied up....so FAR...


Remember Bugti, Kohlu, Marri..... is a PATA ( Provincially Administered Tribal Area )

A little different to FATA ( Federally Administered Triabal Area )....

Political Agents and Maliks..... Nominated Maliks....play a very important Role....
and hence are relatively controllable ......

But these PATA Areas or Legally `` B `` Areas...... they are different....
and Pakistani Law.... does not works....there..., as it should....


Bugti, Marri...etc..etc... have drawn strength from this factor....


Bhutto nearlly nailed them in 76 when he abolished the SARDARI Nizam....and they were begging him ......for the SEATs in the elections....

Bugti ....then on Bhutto`s side..... played a Role......


but Zina-ul-haq ..... changed the chessboard again....
but this time.... these SARDARS became more strong.... infact STRONGEST....

So Untill and Unless ...... something is done...... about the Legal status.....
Like taking out this PATA Status....and merging it into the so Called `` A `` legal Area...
.....thing will keep on boomeranging around...



My rambling should be taken as a side note....

Re: # 29
please don`t mention that khabis mardoodi to me again!
thank you.

..i am afraid we are STILL awaiting that person..that saviour...perhaps we will
have to carry on waiting till the hour of the Appointed Imam, Hujjat Allah al Mahdi, alayhisalam?
Who knows...? Wallahu wa Rasuluhu `aalam!

Here is a possible model for Pakistan`s consitution --with very minor changes; it is the Consitution of the Islamic Republic of Iran: an example of a working, Islamic, democracy.

1- General Principles


Article 1

The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and Qur`anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-`Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji` al-taqlid, Ayatullah al-Uzma Imam Khumayni.

Article 2

The Islamic Republic is a system based on belief in:

1.the One God (as stated in the phrase ``There is no god except Allah``), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands;
2.Divine revelation and its fundamental role in setting forth the laws;
3.the return to God in the Hereafter, and the constructive role of this belief in the course of man`s ascent towards God;
4.the justice of God in creation and legislation;
5.continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam;
6.the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to:
1.continuous ijtihad of the fuqaha` possessing necessary qualifications, exercised on the basis off the Qur`an and the Sunnah of the Ma`sumun, upon all of whom be peace;
2.sciences and arts and the most advanced results of human experience, together with the effort to advance them further;
3.negation of all forms of oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance.

Article 3

In order to attain the objectives specified in Article 2, the government of the Islamic Republic of Iran has the duty of directing all its resources to the following goals:

1.the creation of a favorable environment for the growth of moral virtues based on faith and piety and the struggle against all forms of vice and corruption;
2.raising the level of public awareness in all areas, through the proper use of the press, mass media, and other means;
3.free education and physical training for everyone at all levels, and the facilitation and expansion of higher education;
4.strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, as well as Islamic studies, by establishing research centers and encouraging researchers;
5.the complete elimination of imperialism and the prevention of foreign influence;
6.the elimination of all forms of despotism and autocracy and all attempts to monopolize power;
7.ensuring political and social freedoms within the framework of the law;
8.the participation of the entire people in determining their political, economic, social, and cultural destiny;
9.the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres;
10.the creation of a correct administrative system and elimination of superfluous government organizations;
11.all round strengthening of the foundations of national defence to the utmost degree by means of universal military training for the sake of safeguarding the independence, territorial integrity, and the Islamic order of the country;
12.the planning of a correct and just economic system, in accordance with Islamic criteria in order to create welfare, eliminate poverty, an(i abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all;
13.the attainment of self-sufficiency in scientific, technological, industrial, agricultural, and military domains, and other similar spheres;
14.securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law;
15.the expansion and strengthening of Islamic brotherhood and public cooperation among all the people;
16.framing the foreign policy of the country on the basis of Islamic criteria, fraternal commitment to all Muslims, and unsparing support to the mustad`afiin of the world.

Article 4

All civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the fuqaha` of the Guardian Council are judges in this matter.


Article 5

During the Occultation of the Wali al-Asr (may God hasten his reappearance), the wilayah and leadership of the Ummah devolve upon the just (`adil] and pious [muttaqi] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107.


Article 6

In the Islamic Republic of Iran, the affairs of the country must be administered on the basis of public opinion expressed by the means of elections, including the election of the President, the representatives of the Islamic Consultative Assembly, and the members of councils, or by means of referenda in matters specified in other articles of this Constitution.

Article 7

In accordance with the command of the Qur`an contained in the verse (``Their affairs are by consultations among them`` [42:38]) and (``Consult them in affairs`` [3:159]), consultative bodies - such as the Islamic Consultative Assembly, the Provincial Councils, and the City, Region, District, and Village Councils and the likes of them - are the decision-making and administrative organs of the country. The nature of each of these councils, together with the manner of their formation, their jurisdiction, and scope of their duties and functions, is determined by the Constitution and laws derived from it.


Article 8

In the Islamic Republic of Iran, al-`amr bilma`ruf wa al-nahy `an al-munkar is a universal and reciprocal duty that must be fulfilled by the people with respect to one another, by the government with respect to the people, and by the people with respect to the government. The conditions, limits, and nature of this duty will be specified by law. (This is in accordance with the Qur`anic verse; ``The believers, men and women, are guardians of one another; they enjoin the good and forbid the evil`` [9:71]).


Article 9

In the Islamic Republic of Iran, the freedom, independence, unity, and territorial integrity of the country are inseparable from one another, and their preservation is the duty of the government and all individual citizens. No individual, group, or authority, has the right to infringe in the slightest way upon the political, cultural, economic, and military independence or the territorial integrity of Iran under the pretext of exercising freedom. Similarly, no authority has the right to abrogate legitimate freedoms, not even by enacting laws and regulations for that purpose, under the pretext of preserving the independence and territorial integrity of the country.


Article 10

Since the family is the fundamental unit of Islamic society, all laws, regulations, and pertinent programmes must tend to facilitate the formation of a family, ,and to safeguard its sanctity and the stability of family relations on the basis of the law and the ethics of Islam.


Article 11

In accordance with the sacred verse of the Qur`an (``This your community is a single community, and I am your Lord, so worship Me`` [21:92]), all Muslims form a single nation, and the government of the Islamic Republic of Iran has the duty of formulating its general policies with a view to cultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the Islamic world.

Article 12

The official religion of Iran is Islam and the Twelver Ja`fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi`i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.

Article 13

Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.


Article 14

In accordance with the sacred verse; (``God does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes`` [60:8]), the government of the Islamic Republic of Iran and all Mu slims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran.

***
Asif: replace Iran with Pakistan, change article 12 to:

Article 12

The official religion of Pakistan is Islam and the Hanafi school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Shafi`i, Maliki, Hanbali, and Shia, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.

Also make some changes to Article 5 - a leader chosen by consultation from amongst a group of the top ulama representing all schools by majority voting.

What do chowkies think?

3-The Rights of the People

Article 19

All people of Iran, whatever the ethnic group or tribe to which they belong, enjoy equal rights; and color, race, language, and the like, do not bestow any privilege.

Article 20

All citizens of the country, both men and women, equally enjoy the protection of the law and enjoy all human, political, economic, social, and cultural rights, in conformity with Islamic criteria.

Article 21

The government must ensure the rights of women in all respects, in conformity with Islamic criteria, and accomplish the following goals:

1.create a favorable environment for the growth of woman`s personality and the restoration of her rights, both the material and intellectual;
2.the protection of mothers, particularly during pregnancy and childbearing, and the protection of children without guardians;
3.establishing competent courts to protect and preserve the family;
4.the provision of special insurance for widows, and aged women and women without support;
5.the awarding of guardianship of children to worthy mothers, in order to protect the interests of the children, in the absence of a legal guardian.

Article 22

The dignity, life, property, rights, residence, and occupation of the individual are inviolate, except in cases sanctioned by law.


Article 23

The investigation of individuals` beliefs is forbidden, and no one may be molested or taken to task simply for holding a certain belief.


Article 24

Publications and the press have freedom of expression except when it is detrimental to the fundamental principles of Islam or the rights of the public. The details of this exception will be specified by law.


Article 25

The inspection of letters and the failure to deliver them, the recording and disclosure of telephone conversations, the disclosure of telegraphic and telex communications, censorship, or the willful failure to transmit them, eavesdropping, and all forms of covert investigation are forbidden, except as provided by law.


Article 26

The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.


Article 27

Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam.


Article 28

Everyone has the right to choose any occupation he wishes, if it is not contrary to Islam and the public interests, and does not infringe the rights of others. The government has the duty, with due consideration of the need of society for different kinds of work, to provide every citizen with the opportunity to work, and to create equal conditions for obtaining it.



Article 29

To benefit from social security with respect to retirement, unemployment, old age, disability, absence of a guardian, and benefits relating to being stranded, accidents, health services, and medical care and treatment, provided through Insurance or other means, is accepted as a universal right. The government must provide the foregoing services and financial support for every individual citizen by drawing, in accordance with the law, on the national revenues and funds obtained through public contributions.


Article 30

The government must provide all citizens with free-education up to secondary school, and must expand free higher education to the extent required by the country for attaining self-sufficiency.


Article 31

It is the right of every Iranian individual and family to possess housing commensurate with his nods. The government must maker land available for the implementation of this article, according priority to those whose need is greatest, in particular the rural population and the workers.


Article 33

No one can be banished from his place of residence, prevented from residing in the place of his choice, or compelled to reside in a given locality, except in cases provided by law.


Article 34

It is the indisputable right of every citizen to seek justice by recourse to competent courts. All citizens have right of access to such courts, and no one can be barred from courts to which he has a legal right of recourse.


Article 35

Both parties to a lawsuit have the right in all courts of law to select an attorney, and if they are unable to do so, arrangements must be made to provide them with legal counsel.


Article 36

The passing and execution of a sentence must be only by a competent court and in accordance with law.


Article 37

Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.


Article 38

All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.


Article 39

All affronts to the dignity and repute of persons arrested, detained, imprisoned, or banished in accordance with the law, whatever form they may take, are forbidden and liable to punishment.


Article 40

No one is entitled to exercise his rights in a way injurious to others or detrimental to public interests.



Article 41

Iranian citizenship is the indisputable right of every Iranian, and the government cannot withdraw citizenship from any Iranian unless he himself requests it or acquires the citizenship of another country.


Article 42

Foreign nationals may acquire Iranian citizenship within the framework of the laws. Citizenship may be withdrawn from such persons if another State accepts them as its citizens or if they request it.