The execution of soldier Muhammad Hussain has risked Pakistan’s hard-earned trading leverages with the European Union (EU) by breaking the four-year moratorium on death penalty which served as a condition for duty-free access to EU markets.
As a fatal coincidence, the penalty overlapped the coming into force of EU’s trade concessions which, after years of tedious dialogue, became operational on November 16. Facilitated trade required Pakistan to meet some human rights benchmarks, including the curtailment of the death penalty.
It is hence feared that Hussain’s hanging in a Mianwali jail on November 15 may provide grounds to jeopardise Pakistan’s trade prospects with the bloc of 27 nations.
Hussain, 45, stabbed a superior in Okara over a personal dispute in 2008. He was tried in the military court in Okara cantonment, which sentenced him to death on February 12, 2009. Hussain’s mercy petitions to the General Headquarters (GHQ) and the Chief of Army Staff were rejected. Senator Farhatullah Babar, the presidential spokesman, revealed that Hussain’s mercy petition to the president was also turned down.
Retaliation
The break in the de facto moratorium undercuts recent announcement by the government of introducing legislation to abolish death penalty, said EU High Representative Catherine Ashton in a statement.
Following the execution, EU headquarters in Brussels posed questions to the country’s mission, sought all relevant information, and said that EU trade agreements were tied to human rights bars whose violation increases chances of cancellation, said diplomatic sources.
The EU is not willing to take the execution of the army soldier as an exception – an execution is an execution, whether ordered by a military court or a civilian court, said embassy officials. Chief of Army Staff General Kayani could have intervened to pardon the soldier, they said, adding that all available options were not utilised to exonerate Husain.
Scope
The Nov 16 concessions were on 75 trade items for a period of roughly 14 months. The proposal for concessions was put forth after the 2010 floods to abet Pakistan’s economic recovery. It came into force after 26 months.
It was agreed that quarterly reviews would decide the continuity of concessions.
Lingering hope
According to EU embassy officials, the recently proposed Generalised Scheme of Preferences, which will come into force from 2014, and promises duty free access of unlimited goods, is not attached to abolition of the death penalty.
Officials added the worst scenario for Pak-EU trade relations would be a series of executions, with the recent one serving as a precedent.
Published in The Express Tribune, November 19th, 2012.
COMMENTS (20)
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This is crap, EU does trade with Israel. One should ask aren't they in any violation of human rights.
@Linchpin: What you call "double standard" is a reality of life. The world is fuindamentally unfair. Live with it. Your only othe option is to be what relatively poorer countries are doing - India, Indonesia, Malaysia, even China : Concentrate on domestic development, build a prosperous middle class, focus on trade and development. The rich countries will come , hat-in-hand , stand in queue to do business with you! Forget about exporting revolutions and don't insert religion in development and progress! Soon EU will make a queue in Islamabad - just as they are doing today in Delhi, begging to be allowed to be let into India to start business......
@Alam:
When you talk about terrorism, don't forget that (i) Hamas does not recognise the state of Israel, and have sworn its total destruction, (ii) Khalid Mashal is a well-known "inciter of violence" (He himself lives in Syria and makes all kinds of stupid violent statements full of lies--- if he is a true leader of Hamas, he should come and live for at least a year in Gaza (it is very easy to offer others as sacrificial lambs while sitting in safe places), (iii) no country can standby while its neighbours are continuously throwing missiles at it (Israel south is somewhat safe because of its missile shield, and not because Hamas has ceased to attack it, (iv) the very economy of West Bank and Gaza depends upon thousands of Palestinians going to work in Israel (thus, you can not go on biting the hand that feeds you), and (v) Palestine is an occupied territory, and has been allowed self rule. In spite they fight with each other (west Bank and Gaza) as well as terrorize Israel. In a civilized world, such tactics do not work.
@indian:
I couldn't agree with you more Sir. That is exactly what I meant.
I was suggesting that small matters could be ignored if facing starvation.
@wonderer: pakistan has far higher percentage of undernourished people.......so its pakis who r starving ...........lol
Thousands waiting to be punished for murder and yet the 'civilized world' believes that this is an inhumane treatment to someone who has already taken multiple lives. Why not we export them to EU at a concession so that they don't have to suffer capital punishment in Pakistan?
@Linchpin:
Become like India. Keep death penalty and still be traders' darling. Just don't worry that India is Hindu. Such small matters can be overlooked for trade when starving.
Could you please list the 75 items for free trade..
Why they after Pakistan, just to put pressure on Pakistan for business oppurtunities in EU.
In China, there are Capital Punishment on about 50 crimes, EU asking Financial Aids, and help from China, just to establish their Economic stability.
Can EU ask China to abolish the Capital punishment
Is it not a human rights violation to punish more than 99% for welfare of less than 1% and that too for those who have murdered innocent people?.
So we negate Islamic rulings because EU wants it.
So the one who has been murdered does not have any human right, his family does not have any human right...crap
@Arindom: You have a point that applying principles on weaker nations is much easier than taking on the powerful. I am not a supporter of the death penalty but I feel the EU should be more consistent in the effort to eliminate the death penalty lest it might be thought of as applying double standards.
@Rehan: Capital punishment in the US exists in CA and PA but also Texas and Florida and over twenty states have capital punishment. Under Federal Law a number of crimes still carry the death penalty so it is not abolished at the federal level though the last execution at Federal level took place in 2003. It is complicated in the US as it relates to issues such as race and poverty but thats another issue.
However, my point was just to point out the inconsistency in the EU approach.
some time back, they were blaming India for stone walling this deal, now they themselves have torpedoed this deal with their own hands.
Human rights... don't u see Israel terrorism in Palestine?
@Linchpin: "The US, China and Saudi Arabia are pretty liberal with the death penalty yet trading with the EU goes on unabashed!"
Trade has not been discontinued. Trade concessions have. Those countries do not seek trade concessions.
@Linchpin: In the USA, those decisions are made by states. The central government can't say anything to the states if they decide to keep capital punishment. Most advanced states in the USA don't have capital punishment anymore (NY, CA, PA, IL, etc.).
@Linchpin: Goes again to say that begging doesnot help......
The US, China and Saudi Arabia are pretty liberal with the death penalty yet trading with the EU goes on unabashed!