Patriots All

We are still unclear why the prime minister decided to do away with an independent body to oversee the operation.

This week, President Mamnoon Hussain promulgated the Protection of Pakistan Ordinance. We are told by the government’s PR section that this ordinance maintains that the writ of the state would be established at all costs. It is a lofty thought. But one is unclear why an ordinance is needed for this purpose. Such questions are possibly somewhat unfashionable to ask in this charged environment so maybe best to let it go.

According to the government, the ordinance ensures that security and law enforcement agencies would jointly investigate incidents of terrorism and elements creating terror and fear would be considered as enemies of the state. So far so good.

The draft of the ordinance also states that Pakistan and its people have been exposed to undeclared and thankless wars that proliferated in the country’s neighborhood since 1979. It says elements hostile to our existence, in collaboration with unscrupulous locals have since claimed the lives of 40, 000 people of all ages and religious denominations in the second campaign that began in 2001.

Both 1979 and 2001 are significant in terms of the history of our region. 1979 was the year of the Iranian revolution as well as the Soviet invasion of Afghanistan. 2001 we all know was when the September 11 attacks happened in the US. But one is unclear why the two are being linked.

Possibly because in 1979, our government started sowing what we then went on to start reaping in the post 2001 scenario.

The ordinance reads “extraordinary disposition dictates unusual dispensation.” This should raise some red flags. The ordinance gives extraordinary powers to our law enforcers and security establishment.

This possibly goes against the spirit of Pakistan’s constitution. For example, one such power that may be given is to hold a person without framing any charges for more than three months. Such strong-arm measures have not helped in the past. In most instances, they have made things worse.

Mindful of the furore it will create, the government insists that the new legislative initiatives have been proposed in line with international best practices, to declare that the constitution and rule of law shall be the overarching umbrella. But this is a claim that needs to be tested. All evidence suggests otherwise.

The powers that be, however, feel this is the way to go. There is a belief that one of the reasons why we are losing the war against militants is because we are not punishing them hard enough. There is a point there.

But whether this is being addressed through this proposed legislation remains to be seen. It is one thing to arrest the terrorists, another to follow up and see them through to their convictions.

Freshly back from the US, Prime Minister Nawaz Sharif will want all political parties to vote in favour of the ordinance when it is tabled in parliament. One fears that as has happened in the past with legislation that give extraordinary powers to government agencies, this too will be passed without much debate. We are not the exception.

One remembers how in the US, no one wanted to be seen to be unpatriotic and all sorts of legislation that curtailed personal freedoms was passed.

The problem is that such moves may end up backfiring, more so in Pakistan where the ability and the system are both under question.

There is even less accountability. One is afraid that innocent people will bear the brunt of this. We need to have more transparency.

Take for example the operation being conducted by the Rangers in Karachi. While it claims success, one needs to look at the long term.

We are still unclear why the prime minister decided to do away with an independent body to oversee the whole operation. He had announced this earlier. Today we still don’t know for sure how many people are being caught every day, how many released and what is happening in between.

The Islamabad-appointed Karachi police chief has also announced that more than a thousand ex-servicemen will be hired by the city police soon. This is outrageous. What is even more deafening is the silence of all parties concerned. At a time when such appointments should be made on merit and of people who belong to Karachi, to decide to hire more outsiders will only add to the problems of the city.

Published in The Express Tribune, October 28^th, 2013.

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