In search of an alternative to 21st Amendment

ISLAMABAD: Not a single vote was cast against the 21st Amendment and during the amendment to the Army Act 1952, yet everyone is ashamed, some with tears, some without tears. But, how could you be ashamed of something you had voted for? How could you reject something which you had not voted against, when given chance? The fact remains that the “Military Courts” are now constitutional courts. So, the politicians should hold their tears and do something practical to counter terrorism.
Prime Minister Nawaz Sharif and Army Chief General Raheel Sharif should invite the religious parties and address their issues as they are not against the 21st Amendment but need certain assurances which could be incorporated, may be through 22nd Amendment.
Effective implementation of National Action Plan (NAP) also needs political stability, as uncertainty could be harmful for any political discourse. The government and Parliament have taken a big risk by making military courts and NAP. It has to prove that justice should not be done but should also be seen to be done. People want peace and peace at all costs. What, if they fail? This is the most disturbing question if we search an answer to 21st Amendment.
At the same time, there should not be any compromise when it comes to fighting against terrorism. We have already lost much of time and it may take years to bring normalcy in Pakistan, and that too if we start this new phase of war against terrorism now.
The civil as well as military leadership missed the opportunity to avoid this situation way back in 1997 when they agreed on Anti Terrorism Act, 1997. This law itself could have been made more effective. With a year after ATA, Mian Muhammad Nawaz Sharif in his second tenure imposed the governor’s rule in Sindh in 1998 and established military courts, expressing his no-confidence in the ATCs.
General (R) Pervez Musharraf in his nine years of power also failed to address this core issue, where it was needed the most after 9/11 when terrorism and extremism spread like cancer.The PPP government in its five years term also had the chance to improve this law or come up with something more effective.
Despite public backing, the independent judiciary also failed to make the judicial system effective. The ATC courts could have been an effective alternative to military courts. The ATC judges despite threats to them and their families gave hundreds of verdicts, which we blocked because of the so-called international concern for “human rights.” Now, if a judge has to leave the country after convicting a prisoner because of life threat, is not a slap in the face of our executive and the political leadership? If you cannot provide safety to a judge, how could you have a justice system?
Jamiat Ulema-e-Islam, JUI (F) tried to play a “secular card” by saying the 21st Amendment was an attempt to make Pakistan a secular state. If that is the case, then why the JUI is still part of the ruling coalition? This is the least the JUI chief Maulana Fazlur Rehman could have done and quit. After all, they often demanded Pakistan Tehreek-e-Insaf (PTI) to quit the Khyber Pakhtunkhwa government on the election issue. If the JUI still remains part of the coalition and at the same time launches the movement, it would be self-contradictory.
Except for former President Asif Ali Zardari, the PPP leadership looked confused and from Ch. Aitzaz Ahsan to Mr. Latif Khosa tried to put all the blame on the PML-N for setting up military courts. Senator Raza Rabbani is seriously considering quitting as senator and the decision is expected in days or in a week. But, I wish the PPP government should have resigned after the US Navy Seals operation in Abbottabad.
Why our liberal, secular and religious leadership did not accept the resignation of the then ISI chief, who had reportedly accepted the responsibility for intelligence failure and offered to resign during the “in camera proceedings” of Parliament? I wish anyone among the PPP ministers or leaders would have quit on “moral grounds”. Why the commission report was never made public?
Hats off to Raza Rabbani for at least expressing his feeling, but I wish he would have admitted the failure of his own government in the past five years to make any effective law contrary to 21st Amendment. I wish Raza Rabbani, Aitzaz Ahsan and Latif Khosa should have also admitted the PPP’s “contribution” to the making of Taliban prior to 9/11.
The PPP should not feel “ashamed” as in the past they had even imposed martial law in Karachi and Lahore in 1977, which General Ziaul Haq only extended to the whole country on July 5, 1977 for 11 years.
Asif Ali Zardari is much clear in his stance as he wants to give full chance to the PML-N and Prime Minister Nawaz Sharif, but as the party’s co-Chairman it is also his responsibility to see that the PPP should not look as “divided” starting from the chairman to the senators.
Another alternative could be to redefine the definition of “terrorism” and make it broader. If the state had already declared 60 militant groups as “outlawed”, it means they are operating in the country, illegally and are well-armed, creating hatred. Thus, the clause of “religion and sect” could be removed and let the army take stern action against all banned groups.
The state should also be clear that all those carrying illegal, unlicensed weapons and explosives are “terrorists”.I am not sure whether we will get positive results or not in the next two years if the National Action Plan NAP is fully enforced along with speedy trials in the military courts.
In the past, we had failed in Karachi, not once but thrice, in Balochistan, not once but twice and the situation is yet to return to normal in Swat after the army operations, though much better.
The MQM perhaps has a much clear stand on the issue than any other liberal parties like the ANP and the PPP. In the last few years, it had emerged as the only liberal party despite its ethnic color.
However, when they demand “army operation” in Karachi along with ANP, the military’s target would not be focused on Taliban or outlawed groups. In that case, all those arrested could face military courts. If the MQM is ready for such an operation, the JUI or other religious parties’ objection would die down.
We also need to differentiate between the “insurgencies”, linguistic based terrorism and terror in the name of religion and faith.This is the defining moment in our history. You need clarity rather than consensus in this fight, but the fight has to be fought with a clear mind, which is something missing in our political leadership in particular.
I don’t know whether this is our last chance or not, but I certainly know that not much time is left. So reject 21st Amendment if you want. Reject military courts if you want, but give the alternative, too.