Pakistan

Law and order: The future of MQM’s deweaponisation bill

After 18th amendment, issue of arms has been devolved.

Saba Imtiaz January 22, 2011

KARACHI: While analysts say that a new law on deweaponisation may not work while existing laws are yet to be enforced, a key issue in the new bill submitted by the Muttahida Qaumi Movement (MQM) is that the issue of arms, firearms and ammunition has been devolved to provinces after passage of the 18th amendment.

The section on arms was included in the concurrent legislative list, which was omitted when the 18th amendment became a part of the constitution.

Realising this, the MQM has proposed that the bill be passed under Article 144 of the Constitution, which gives the parliament the power to legislate for one or more provinces by consent. This will mean that provincial assemblies would have to pass resolutions authorising the federal government to pass the legislation. However, according to Article 144, not all provinces have to consent and they are also authorised to amend or repeal the bill.

Given the political climate and the tense relationship that the MQM has with the Awami National Party and the Pakistan Muslim League-Nawaz, it is questionable whether the Khyber-Pakhtunkhwa and Punjab assemblies would even pass these resolutions. This would lead to the resolution being passed in Sindh (where the MQM is in the coalition), hence defeating the purpose of this being submitted in the National Assembly. It could also result in provinces giving their consent (i.e. passing resolutions in provincial assemblies) to pave the way for the bill to be passed in the National Assembly, but they can repeal or amend it at any point. Existing laws such as the Pakistan Penal Code and the Pakistan Arms Ordinance cover many of the sections that the MQM has included in its proposed bill.

The issue of deweaponisation has been brought up several times by government officials, including Interior Minister Rehman Malik and Sindh Home Minister Zulfiqar Mirza. A paper on the subject prepared by the Sindh home department was approved by Mirza and needed to be presented in the Sindh Assembly.

The eight-page document says the “priority should be to catch the big fish” and puts forward immediate and long-term measures to carry out a disarmament programme in the country.

In a controversial speech in December, Mirza expressed his frustration with being blamed for delays in the process. Government officials told The Express Tribune that building political consensus on the issue is a challenge.

The lack of political will to implement a deweaponisation programme is cited in the Sindh home department plan as one of the reasons for the present crisis.

Political and security analysts have said the proposal for the bill is ironic, since all political parties are allegedly involved in buying and using illegal arms or have militant wings and any efforts to carry out deweaponisation would not be even-handed.

Published in The Express Tribune, January 22^nd, 2011.

COMMENTS (2)

Canuckistani | 13 years ago | Reply Everybody in Pakistan must have a right to bear arms within reason in order to be able to protect themselves. However, restrictions and obstacles in obtaining the necessary permits will only affect the ordinary public that needs that protection rather than the connected thugs that are responsible for the misuse of weapons. Most crime is committed by criminals that are connected to the politicians, most heavy weaponry is held by politicians and the feudal class, and the criminals that both of them sponsor. Legislation is not going to take their weapons away, only door to door operations will do that..and that too if the army carries them out without the knowledge of the political/bureaucratic class.

Sharjeel Jawaid | 13 years ago | Reply I am for arming all responsible citizens. It is an irony that responsible citizen cannot legally bear arms but criminals and terrorist are free to retain and use them without fear of any consequence.

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