|
Revival of Parliamentary oversight’
By: Barrister Amjad Malik
13 May 2011 in camera session of the joint sitting of the Pakistani parliament resulting in a joint resolution condemning the 2 May violation of its territorial integrity and setting up a commission to probe its failure pinpoint the need of the revival of the parliamentary oversight over national security matters. It is not only timely but the need of the hour to strengthen civilian rule in Pakistan. ‘ISI’ is not army, and army is not Government, and of course govt is not Parliament and Parliament is not the people itself but only its voice and state is above all. All these intermediate institutions are not state but its organs. Any fault with any of the organ in the chain may not be the fault of the whole institution, Govt, or people and state. Beauty of the argument is how to maintain our system of review and retain Parliamentary and judicial oversight as that is the key to make the system robust, trustworthy and reliable. If all stands in one line and claim and maintain innocence, then either they are all guilty as charged or all innocent and incompetent a lesser charge but that is a dangerous trend which kills improvement chances. It’s a game of control, revival of oversights forces you to give some power to other and accept your follies and ready to improve. Not at all means head rolling, or witch hunting but realising one’s weaknesses, ready for clear insight and assessment internally or externally through trusted auditors and suggest way forward to improve to meet future challenges.
America’s hit and run on 2 May, killing or capturing Osama dead or alive is an eye opener for Pakistanis. They can either act as fools like they did on the ‘match fixing’ saga of three cricketers in London and instead of keeping a distance between players, Cricket Board, and Govt and in return holding accountability at parliamentary sports committee level to see if corruption laws are working or not, they stood all in one line and declared it a conspiracy and God knows what. They came up with funniest and foolish conspiracy theories, excuses, and warnings and allegations and people later found the Board high ups apologising for their untimely statements. On top of it ICC had to intervene when locals failed to probe properly. Same is the situation at hand post 2 May tragic failure which raises valid questions, requires answers, and a probe to ensure accountability. One man is not an institution and one institution is not the whole state of Pakistan. Pakistan is a chain of several institutions, a country of 170 million which sometimes is run under a parliament or on some occasion under a military dictatorship. Both uses qua sai people’s mandate to run this country. But so far both used it as a market place (Jumma bazaar ) where they came, set up their stalls, sold their goods, made profit and run without accountability. Everyone made profit, and everyone avoided accountability. Parliamentary resolution has broken the reactory damage which may act as a spoiler between the national security organisation (army) and its people of Pakistan. That’s the trust on which army breathe and takes pride on this psychological edge of an emotion bondage between the institution and its people. Military post 1958 held control who and how long an individual or a party will set up their stall, of course using the authority on the name of people. 2 May incident hampered that very authority, trust and confidence. Enemies took maximum opportunity on this point of weakness and failure, but nothing is lost yet if all are ready to set a direction for future.
Pakistan is a land of opportunity. Pakistani nation is a vibrant full of skill and talent and has a potential to do any and everything. But due to lack of infrastructure and leadership and a series of military dictatorships clear guidance is lacking and civil systems could not get roots and could not get out of grouses and complaints against the controlling institutions. I find it funny when western thinkers predict Pakistan’s existence in doubt as to me, it will live forever because it has a potential and twofold replacement capacity of individual(s), skills, and assets as over 8 million souls are just overseas full of talent and resources. One can be replaced by two talented individual. Key is in finding a path. Parliament now has many issues to consider but first and foremost task ahead is to liberate the Parliament from the unseen pressures and fears .
There is no doubt that in the past we have mutilated the constitution badly into a position that its neither Islamic nor western but a mixture of all making it neither Presidential nor Parliamentary. 18th amendment to the 1973 constitution put some back on track but still a lot to do. We also need to determine the role of army in politics. Hamood ur Rehman commission was quick to depict that " While learning the art of politics in this newly assigned role to themselves, they gradually abandoned their primary function of the art of soldiering." 2 May debacle draws our attention towards fall of Dhaka and incidents like ‘Siachen’ and ‘Kargill’ and we need to decide, do we still wish to keep the role of army in our politics, if yes, Parliamentary defence committee (DCC) could be broadened further giving more representation and say of army commanders in it. If the answer is negative, which to me is just, then Parliament may consider ending ‘the law of necessity’ once for all, and restore necessary oversights which is a key to begin. Second most important task would be to create an independent judiciary which in true sense can act as a buffer zone between the power struggle of politicians and Generals and may act given the opportunity as an arbitrator to absorb all the shocks to the state and handle any tussle between the institutions in accordance with the law of the land . It also can accommodate adjudication on issues where provinces have a grudge with the other, it can safeguard the national interest where parliamentary decrees cannot be implemented. Pakistanis need to knit themselves into one nation without caring geographical heritage or regional location in order to combat the 21st century war of information. Apart from using Urdu instead of English as an official language as a tool to canvass and widen its reach to the people, I would go one step further and would recommend national disciplinary service to train the whole nation towards rule of law & basic defence drive so that nationalism is promoted and the whole nation start to learn respecting the law of the land.
Common Pakistanis are hit by price hike, lawlessness, and are suffering due to lack of educational; health and social welfare facilities and above all, they are perturbed by political Mullah’s role in our day to day life. Extremism is multiplying and lack of stable political activity is doubling the radicalisation in our attitude where poverty and unemployment throw bait to the rich mafia to do dirty and manipulate the young uneducated radical mind to use suicidal attacks as a fire work. Political business reduces tension and put people on table to solve problems. Pakistan needs a national drive of reconciliation to set up a political system and ponder on a serious social charter where nation which lacks infrastructure can come nearer to a dream to get justice, economic strength and basic necessities like free education, state health service and employment.
Govt must consider granting the dictatorship ridden Pakistan a ray of hope where social welfare dream comes true. People are once again at a stage where we have to decide and revive the principle and discipline ourselves to beat other nations with progress, modernity of mind and prosperity of our life style. Pakistan is in serious trouble at the hands of a few and the nation can beat this faceless enemy who is after its progress. Pakistan begs this very question if the country comes first then heads of institution(s) will have to sacrifice self interest and promote those oversights to save institutions and the state of Pakistan. Army may have saved the day on 13th May through a joint parliamentary resolution, but task is bigger and it will not be achieved alone. Salvation is in unity. Is it not what Article 5 of the constitution 1973 says, “ 5(1) loyalty to the state is the basic duty of every citizen.” Let the 170 million souls show loyalty to the state of Quaid e Azam on this occasion of despair, and opportunity by keep supporting and recruiting in the Parliament the best of the best and I hope they win in facing the challenges ahead as restoring institutionalised oversights is the way forward.
Barrister Amjad Malik is a chair of the Association of Pakistani Lawyers (UK)
Sunday, 15 May 2011
|