Yearning for peace

A peace conference, comprising all political parties of Khyber-Pakhtunkhwa and Balochistan as well as civil society organisations, intelligentsia and trade unions, was held under the banner of the ANP. The conference discussed ‘Peace and Security’ with the singular objective of how to find a way out of the precarious situation in the region currently in the grip of renewed terrorism. The tone and tenor of the speeches made on the occasion reflected utmost disgust, sense of alienation, helplessness and frustration. History presents several accounts of such suppressed feelings which have often triggered agitation and led to revolutions around the world.

To summarise the gist of the speeches: “the state has an utter disregard for the sensitivities of the local population. The border region had long been used as a launching pad by the state to advance the strategic interests of global superpowers and vested interests in the country, at the cost of the citizen’s fundamental rights. Even though the region is blessed with rich mineral and natural resources and is part of the international trade routes, local populations remain deprived of the dividends.”

Interestingly, the speakers raised their demands with the ‘state’ rather than the ‘government’, with the anguish surrounding issues like missing persons, role of armed militia and the ongoing talks with TTP.

The demands raised at the representative assembly are a reflection of the people’s aspiration in consonance with the fundamental right to life as enshrined in the Constitution of Pakistan. This right to life comprises right to live with liberty and dignity, and with all the facilities required to make one’s life meaningful, complete and worth living. Currently though, the right to life is no longer available even in its narrowest sense.

The region — dominated by armed militants — has been in a state of perpetual conflict. In situations like this where the writ of the government is non-existent, the first casualty is the fundamental rights of the public, of which right to life is the most paramount.

Associated with this are: the right of an arrested person to be produced before the nearest magistrate; right to be consulted and defended by a lawyer of choice; right to know the grounds of arrest; right to dignity and privacy of home; and right to freedom of assembly, freedom of association, freedom of trade, business or profession, and freedom of speech.

Constitution is a social contract between citizens and the state, ensuring protection of fundamental rights and liberties. Under this covenant, the state is under an obligation to provide an enabling environment for exercising those rights. Effective enforcement of a contract mirrors rule of law in the real sense of the term. As such, the Constitution being a binding document and having sanctity is required to be implemented in letter and spirit.

Not only failure to provide peace and security are indicators of a failing state and ultimately a failed state but also negation of the contract with serious implications.

Writers, like John Locke, are of the opinion that men are naturally free but have been given this freedom to an extent as part of a social contract where people in the state of nature conditionally transfer some of their rights to the government in lieu of a stable, comfortable enjoyment of their lives, liberty, and property. Since governments exist by the consent of the people in order to protect the rights of the people and promote the public good, governments that fail to do so can be resisted and replaced with new governments.

Thus the government must understand that Constitution is an expression of the hopes and aspirations of the public. A government not responding to the grievances of the public and failing to provide peace and security has no right to rule. It is time for the sitting government to address the grievances of the public by providing conducive environment for the enjoyment of fundamental rights.

Published in The Express Tribune, August 24^th, 2022.

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