Pakistan:
Politics, Lawyers and Law
By Dr. Nazir Khaja
Islamic Information Service
USA
The betrayal of Pakistan by the politicians is
a long and sad story. There can hardly be any
doubt that as much as the army might be blamed
for some of the crises that Pakistan has gone
through in its short history, the politicians
deserve a greater share. They have been so corrupt,
created such confusion and chaos by manipulating
religious, ethnic, provincial and linguistic issues
and sentiments that to this date Pakistan has
not come together as a united nation and it was
this incapacity of the political leadership that
led to the dismemberment of Pakistan in 1971.
After validating three illegal seizures of power
by the Military at crucial moments in Pakistan's`
past history, the judiciary in Pakistan seemed
like it was finally waking up. The Supreme Court
decided to take up the cases brought against by
the families of those who the Government had taken
into custody without proper judicial process.
It released some of the people who were on the
government enemy list. As the court started to
assert itself more, the government was embarrassed
and annoyed. This resulted in the attempted sacking
of the chief justice by President Musharraf, his
reassertion of authority and his second sacking.
Increasingly it seemed that the lawyers and the
judiciary were succeeding in fomenting an anti-Musharraf
campaign and building a momentum towards democracy
in Pakistan.
As the lawyers continue with their protests it
appears though that they have not built up a mass
movement, which is necessary in gaining their
objective of getting President Musharraf out of
office. True, they have succeeded in drawing international
attention from the media, governments and human
rights groups and put Musharraf under scrutiny
and censure. Musharraf however remains in control
and it is likely that he will ride this one out.
The end game in politics is power. In a democratic
system with accountability, transparency, checks
and balances the desire for unbridled power is
kept in check. A political culture evolves over
a nation's history which serves the greater interest
of the nation and its people. As Thomas Hobbes
says, "Power --- presents means to obtain
some future apparent good". In Pakistan this
remains the exclusive domain "of the few
and not the many". Empowerment of the people,
not individuals or a particular class or a group,
is the desired outcome of the struggle within
a democratic political system. Merely showcasing
democracy through a party system or casting of
votes does not fulfill the hope and promise of
democracy--- that of giving the people an informed
and dependable choice so that their rights are
protected. As they say in art, form must always
serve function. When corruption becomes institutional
and is institutionalized as within Pakistan's`
politics and culture, the whole exercise in "democracy"
becomes a shadow play- all form and no substance.
In the context of Pakistan more so than elsewhere,
it seems that "politicization" of group
identity or interest is the way to come to power.
As the history of Pakistan shows, first the feudal
group which has huge land holdings in the country
and is in control of the vote bank of the peasants
entered the political arena, followed by the Army
and now even the judiciary seems heading in this
direction. The lawyers having made the point regarding
the primacy of the constitution could have maintained
a more sober and dignified course and tried to
analyze the systemic problems of Pakistan's political
system. Instead the emotional outbursts and the
counterproductive violent confrontations seem
to have transformed them into an anti-Musharraf
political entity. This tarnishes their image and
puts them in the category of "rabble-rousers",
thus doing injustice to their own cause. The demonstrations
and protests will fizzle out only because the
masses in Pakistan are tired of this roller-coaster
politics in Pakistan most of whom only want food
and shelter for their family and could not care
less who rules or whether Pakistan is a democracy
or dictatorship. To them these are mere slogans.
The lawyers who are an educated class can well
recognize that in Pakistan's` transformation towards
a functional democracy great patience is needed.
The reality of local and regional politics demands
that the transition from dictatorship or autocratic
rule to a people's government is a long way, and
will need compromise and courage. However if Pakistan
is to succeed there is a need for an independent
judiciary and Musharraf should not be allowed
to get away with the sacking of the Chief Justice
or Pakistan will end up with a corrupt and incompetent
judiciary.
The paradox of Pakistani politics is such that
though everyone is against army rule, there isn't
much enthusiasm about the alternatives. Judging
from their past performance in fact there are
genuine fears about the ability of the others
to deal with escalating violence and religious
extremism let alone their incapacity to deal with
the real issues of poverty, ignorance, feudalism
and health.
The lawyers know that democracy cannot be brought
down from on- high, but has to be nurtured as
a grass-roots effort from the ground- up. And
it cannot be a genuine democracy if it is being
constructed to serve the interest of anyone else
but the will and desire of Pakistan's own people.
This requires a gradual change in the local culture,
which can only come about with educating the masses.
President Musharraf`s earlier claim of bringing
"enlightened moderation" resonated well
with a lot of Pakistanis and others. Even one
of his nemesis and rivals the former cricketer
Imran Khan had bought into it. Yet it only turned
out to be no more than a slogan. To his credit
it must be said that by allowing freedom of press
in Pakistan, he facilitated or emboldened dissent,
a right step towards democracy. Similarly though
this has curtailed his maneuverability, for the
recent emergence of an increasingly assertive
judiciary alongside the freedom of the press,
the General should deserve some credit. Even his
worse critics will have to accept that on balance
his record compared to others who have held the
reins of power, appears more favorable despite
the tailspin it has taken during the last two
years.
The problem is that Pakistan is close to being
a failed state, despite its impressive economic
growth and committed world of NGOs, democratic
believers, and mainstream Muslims. In 60 years
it hasn't found its bearings. Therefore the answer
to the questions whether there is an alternative
to President Musharraf or is there a light at
the end of the tunnel being discussed and debated
by not just Pakistanis but many others.
Judging from Pakistan's` track record, the operating
principle in Pakistan's politics to this date
remains "the doctrine of necessity".
This is not the excuse that only the Army uses
to rule Pakistan but is also a guiding principle
for many politicians in their "horse-trading".
Politics is "the art of compromise"
and not a zero-sum game they say. Therefore the
lesson from all of this for the lawyers and all
Pakistanis at this critical time of turmoil is
to realize that shouting of slogans and demonstrating
for democracy will not bring in true democracy.
The transition from a corrupt, dynastic and autocratic
political culture towards a genuine government
of the people will need interim strategic steps
in which power sharing may be necessary. In fact
this may also serve as a mechanism for necessary
checks and balances between contending parties
wanting to rule Pakistan.
In Pakistan's politics coalition building is not
based on principles or for the common good of
the country. This time however the lawyers and
the judiciary, by injecting themselves into the
political scene, can find a way of monitoring,
if not modulating, the process. In the watch-dog
role along with the media they can strengthen
the process that is needed to help Pakistan realize
its ideal.
It is sad that throughout Pakistan's history the
people have had to settle "for the lesser
of the two evils" type of a scenario. This
time some out of the box thinking is needed to
help Pakistan breakout of this cycle of shame
and misery.
As the social scientists always teach, you have
to start with people from where they are. However
tainted the present set of leaders on the scene
in Pakistan are, since they have been given amnesty
and are back in the game, their attempt to seek
each other's help in forging coalition must be
encouraged. Covertly or overtly these maneuvers
have been a part of Pakistan's` political history
and culture. Anyone familiar with Pakistan's politics
knows this, and the lawyers do too.
However, as part of the process, they must be
willing to establish more effective system of
checks and balances, especially in the area of
corruption.
In the light of what Pakistan is facing, both
from within and also from outside, it seems that
possibly through such interaction and coalition
building can one see the road ahead for Pakistan.
Once some semblance of a civilian rule starts,
even one that is headed by a defrocked General,
it has the possibility to take roots and flourish
with the help of the lawyers, the media, and others
who genuinely desire the best for Pakistan.
More than ever the ground realities in Pakistan,
a nuclear state faced with religious extremism
within and under heavy pressure to do outside
bidding, demands an approach that will represent
in the long run the aspirations of the people
of Pakistan. For the short term"throwing
the baby out with the bath water" approach,
however emotionally satisfying, may not help much
and even make things more uncertain and complicated.
The people of Pakistan have suffered enough on
account of corrupt civilian leadership and recurrent
self-serving army rule. All Pakistanis now seem
inclined towards curtailing the role of the Army
in Pakistan's politics. The lawyers must deserve
a lot of credit for stepping out boldly to draw
attention to the issue of governance and the rule
of law in Pakistan. They must continue to remain
in civil discourse with the government on the
issue of rule of law, human rights and freedom.
However at a time of grave internal threat to
Pakistan's viability and survival, recriminatory
politics will not only be counterproductive but
even more harmful. Pakistan's future hangs in
the balance.
Sadly, it must be realized that the primacy of
constitutionally based civilian rule in Pakistan
is possible only over a period of time, and through
coalition building transitions with interim establishment
of processes of accountability and transparency.
The lawyers and the courts can play an active
role in strengthening these processes to help
Pakistan move forward.
Personalities aside the lawyers and the media
can play a crucial role in change management by
being honest brokers, leveraging transparency
with identification of innovative alternatives.We
all may yet have to overcome our own visceral
feelings against Pervez Musharraf, Benazir Bhutto
or Nawaz Sharif!
As military leaders go, Musharraf is better than
most -- educated, cultivated and thoughtful and
he might be able to begin the democratization
process and systemic change as well as keeping
the Bhutto family's kleptrocratic tendencies in
check having the corruption charges against her
hang like a sword of Damocles over her head. It
is a sad commentary on the dire situation of Pakistan
that we have to ask what alternative there is
to a Prime Minister who took corruption to its
greatest heights in the history of Pakistan and
an army general whose autocratic tendencies seem
to be increasing daily.
