NSC Performance Report 2018-2019 210120.Cdr

Performance of the National Security Committee An Overview August 2018 - August 2019

Pakistan Institute of Legislative Development And Transparency Performance of the National Security Committee An Overview August 2018 - August 2019

Pakistan Institute of Legislative Development And Transparency PILDAT is an independent, non-partisan and not-for-profit indigenous research and training institution with the mission to strengthen democracy and democratic institutions in Pakistan.

PILDAT is a registered non-profit entity under the Societies Registration Act XXI of 1860, Pakistan.

Printed in Pakistan

Published: December 2019

ISBN: 978-969-558-747-8

Any part of this publication can be used or cited with a clear reference to PILDAT.

Pakistan Institute of Legislative Development And Transparency

Islamabad Office: P. O. Box 278, F-8, Postal Code: 44220, Islamabad, Pakistan Lahore Office: P. O. Box 11098, L.C.C.H.S, Postal Code: 54792, Lahore, Pakistan E-mail: [email protected] | Website: www.pildat.org P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

CONTENTS

Preface 05 Executive Summary 06

Background 08

Meetings of the National Security Committee 09

State of Inter-Institutional Relations 11

Recommendations 16

List of Tables and Figures

Figure 1: PM-COAS Interactions during August 18, 2018 – August 17, 2019 13 Figure 2: Interactions between PM and COAS 13 Figure 3: Comparison of Premier-COAS Interactions during First Years in Office 13

P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

PREFACEACE Performance of National Security Committee – An Overview is a performance analysis of the National Security Committee (NSC) during 2018-2019, to record and analyse the process of decision-making on national security issues in Pakistan.

While PILDAT has previously carried out annual and periodic performance assessments of NSC and similar forums in earlier tenures of successive elected Federal Governments, this report assesses performance of the NSC during the first year of the Pakistan Tehreek-e-Insaf (PTI) Federal Government elected after the 11th General Election in 2018. The report, therefore, is looking at the period of performance between August 18, 2018 to August 17, 2019.

The report closely examines publicly available data and reports in the media regarding the meetings of the National Security Committee and similar structures. The report also records key interactions between the elected civilian leadership with the military leadership during the year and is prepared as part of PILDAT's larger focus on promoting a Constitutional equation of inter-institutional relations in Pakistan.

Disclaimer PILDAT team has made every effort to ensure the accuracy of the contents of this report and do not accept responsibility for any omission and error, as it is not deliberate.

September 2019

05 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

EXECUTIVE SUMMAR SUMMARY Y A performance assessment of the National Security Committee during August 2018-2019 shows that while the NSC meetings were convened for a total of 6 times during the first year of Prime Minister, Mr. Imran Khan, in office, its pro- activity as a forum of regular consultation on national security agenda has not improved. As witnessed during previous years, the NSC meetings were convened only in response to crises and not on weekly basis as is the practice in established democracies with similar forums.

When compared with the number of NSC meetings convened by former Prime Minister Nawaz Sharif during his first year in office, 2013-2014, when NSC was formed and met 3 times, twice as many NSC meetings were convened by Prime Minister Imran Khan during his first year in office.

On August 22, 2013, the elected Federal Government led by the PML-N established and notified the Cabinet Committee on National Security (CCNS) to “focus on the national security agenda with the aim to formulate a national security policy that will become the guiding framework for its subsidiary policies – defence policy, foreign policy, internal security policy, and other policies affecting national security.”1 The PML-N Government also notified the setting up of a new National Security Division (NSD) to serve as the secretariat of the Committee.

The CCNS was to be chaired by the prime minister and include as members the ministers of Foreign Affairs, Defence, Interior and Finance, and the top military leadership including the Chairman Joint Chiefs of Staff Committee and Chiefs of Staff of Pakistan Army, Navy and Air Force. The CCNS had no independent secretariat, staff or support infrastructure.

The NSC was fashioned after National Security Councils that exist in other countries including the USA, UK, Israel, and Turkey, among others, and serve as consultation bodies chaired by elected heads of government to advise them on each country's national security agenda. These councils meet, in most cases, on a weekly basis and do not always include services chiefs as members.

However, despite itself creating the much-needed forum to focus on the national security agenda with the aim to formulate a national security policy, the Nawaz Sharif led government kept the NSC largely dormant. During Mr. Nawaz Sharif's four-year stint as Prime Minister, he only convened NSC meetings for a total of 9 times. While the number of its meetings improved to 14 times during the 10-month premiership of Mr. Shahid Khaqan Abbasi, the NSC meetings were essentially convened to address a particular crisis issue at a time and were not held regularly. Twice, in February 2019 and August 2019, meetings of the NSC were called within a week of the prior meeting in apparent emergencies; both to discuss rising tensions with the neighbouring India. While it is admirable to use the Committee to show a united civil-military front on issues of national importance, it can adopt a more systematic approach to deliberate on national security agenda through the forum.

The creation of the NSC provided a crucial forum of consultation on national security issues between the civil and the military leadership, which owing to peculiar history of Pakistan, do not always see eye to eye on important national issues. However, perhaps the dormancy of the NSC or the PML-N government's lack of focus in making it an institutional forum on consultation between civil and military also resulted in the forum being unable to play a role in improving relationship between the elected civilian government of the PML-N and the successive military leadership.

Despite a slight improvement in number and frequency of NSC meetings during the first year of Prime Minister Khan's government, no serious effort appears to have been made by the Federal Government in activating and effectively using the NSC in institutionalising regular consultation and decision-making on national security agenda, especially the issues of strategic importance. Whereas unlike Mr. Nawaz Sharif, Prime Minister Imran Khan regularly convenes federal cabinet meetings, same frequency and focus is absent from activating the NSC.

1. Dawn.com, [Website], 2013, DCC to be reconstituted as Committee on National Security https://www.dawn.com/news/1037613 (accessed September 25, 2019).

06 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

The most crucial casualty of successive elected governments' failure in making the NSC pro-active is the absence of a comprehensive national security policy in Pakistan which was to serve as a 'guiding framework for subsidiary policies of defence, foreign affairs and, internal security policies.' Successive civilian elected governments, major political parties and politicians on the whole are classically chided by the military for their perceived inability and perhaps even lack of competence and focus on creation of comprehensive policies. As an organised institution where relatively more focus is played on reading, writing and scholarship, the military mindset generally perceives politics in Pakistan as disorganised and devoid of attention on crucial issues of democratic governance that require effective policy making and implementation. Military personnel, both retired and serving, often point to the inability of successive elected governments in preparing a national security policy based on which Pakistan's defence policy should be made. It is the absence of a comprehensive national security policy that forces military to devise its own defence policy, they argue, pointing to a space ceded by elected governments that military is forced to fill on its own. Aside from the increasingly institutionalised ascendancy of military in politics of Pakistan, the perspective offered in this case rings true as Pakistan functions without a national security policy even in its 72nd year since formation.

Even though the NSC meetings were only convened by Prime Minister Khan 6 times during his first year in office, he has met and interacted with Chief of Army Staff a total of 41 times between August 18, 2019 to August 17, 2019. The lack of focus on institutionalising the relationship between the elected political government and the military leadership is also reflected by the fact that Federal Minister for Defence, Mr. Pervaiz Khattak, was present in only 13 or 32% of the 41 meetings held between Mr. Imran Khan and General Qamar Javed Bajwa in the first year.

This pattern of personalised interaction between successive Prime Ministers and Chiefs of the Army Staff was not much different during the first year of former Prime Minister, Mr. Nawaz Sharif, in office who met Chiefs of Army Staff (outgoing COAS Gen. Kayani and newly appointed COAS Gen. Raheel Sharif)2 a total of 31 times during 2013-2014. Granted though that initially Prime Minister Nawaz Sharif retained the portfolio of Defence himself, but once he gave Defence Ministry as an additional charge to Khawaja Muhammad Asif,3 Defence Minister was only present in 5 or 24% of the meetings.4

Instead of making NSC the principle forum of consultation on national security agenda, Prime Minister Khan has created multiple additional forums apparently with the same aim to consult with military leadership. In March 2018, Prime Minister convened and chaired the first meeting of what the PMO referred to as the National Internal Security Committee (NISC).5 In June 2019, Prime Minister Imran Khan went ahead and constituted another forum called the National Development Council (NDC) with Chief of Army Staff as its member. The terms of reference of the NDC were notified by Federal Government as to 'set policies and strategies for development, formulate and tailor policies to achieve accelerated economic growth, approve long term planning for national and regional connectivity and provide guidelines for regional cooperation.'6 As expected, the creation of NDC was criticized for being antithetical to the National Economic Council (NEC) defined by Article 156 of the Constitution of Pakistan. Setting up of the NDC was also criticized for inclusion of the COAS as a member in the council, which would make the Pakistan Army an official part of the government's economic policy planning and therefore exposing the institution of military to be politically partisan and open to criticism.

2. During his first year in office between 2013-2014, Prime Minister Mr. Nawaz Sharif interacted with outgoing Chief of Army Staff, Gen. Ashfaq Pervez Kayani, who relinquished his post on November 29, 2013, and the new COAS appointed by PM Nawaz Sharif, Gen. Raheel Sharif in November 2013. 3. Federal Minister for Water and Power at the time, Khawaja Muhammad Asif, was given the additional charge of the ministry of defence on November 27, 2013. Further details available at https://www.dawn.com/news/1058946 (accessed September 25, 2019). 4. PILDAT.org, [Website], 2018, State of Civil-Military Relations in Pakistan, A study of 5 year 2013-2018, 2019, https://pildat.org/civil-military- relations1/state-of-civil-military-relations-in-pakistan-a-study-of-5-years-2013-2018 (accessed July 9, 2019) 5. PILDAT.org, [Website], 2019, PILDAT Monitor on Civil-Military Relations, March 2019, https://pildat.org/wp-content/uploads/2019/05/CMR- March-2019.pdf?Submit=Download (accessed September 26, 2019). 6. PILDAT.org, [Website], 2019, PILDAT Monitor on Civil-Military Relations, June 2019, https://pildat.org/wp-content/uploads/2019/08/CMR- June-2019.pdf?Submit=Download (accessed September 26, 2019).

07 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

Background However, despite itself creating the much-needed forum to focus on the national security agenda with the In August 2013, within the first 100 days of oath of aim to formulate a national security policy, the Nawaz office of Prime Minister Mr. Nawaz Sharif at the time, Sharif led government kept the NSC largely dormant. the PML-N-led Federal Government reconstituted the During Mr. Nawaz Sharif's four-year stint as Prime Defence Committee of the Cabinet (DCC) into the Minister, he only convened NSC meetings for a total of Cabinet Committee on National Security (CCNS).7 9 times. While the number of its meetings improved to The Cabinet Committee on National Security (CCNS) 14 times during the 10-month premiership of Mr. was notified to be formed to “focus on the national Shahid Khaqan Abbasi, all of the 23 meetings of the security agenda with the aim to formulate a national NSC during 2013-2018 were essentially convened to security policy that will become the guiding framework address a particular crisis issue at a time and were not for its subsidiary policies – defence policy, foreign held regularly. The NSC also failed in its first 5 years to policy, internal security policy, and other policies formulate a 'comprehensive National Security Policy.' affecting national security.”8 The PML-N Government also notified the setting up of a new National Security Division (NSD) to serve as the secretariat of the Committee.

The nomenclature of the CCNS was later changed to the National Security Committee (NSC), which, under Prime Minister Sharif, was also converted into a 'decision-making body on national security'9 and not a consultative forum as it was originally conceived and as it exists in other democracies. The National Security Division, which was formed to function as the secretariat of the National Security Committee, was charged with the responsibilities to convene meetings of the NSC and collect, coordinate and collate proposals and input from all relevant Ministries and organisations for the consideration of the NSC. Formulation of a comprehensive National Security Policy was also declared as one of the key functions of the National Security Division while it was charged with coordinating the implementation of strategies and policies approved by the NSC. The division was also tasked with the formulation of strategies, under the guidance of the NSC, to counter negative propaganda against Pakistan and its institutions. The National Security Division was given the responsibility to brief the Parliament and its Committees related to National Security issues as well as conduct National Security related dialogues with other countries.10

7. PILDAT.org, [Website], 2018, Performance of the National Security Committee: 2013-2018, https://pildat.org/wp- content/uploads/2019/04/PerformanceoftheNationalSecurityCommittee20132018.pdf?Submit=Download (accessed August 18, 2019) 8. Dawn.com, [Website], 2013, DCC to be reconstituted as Committee on National Security https://www.dawn.com/news/1037613 (accessed September 25, 2019). 9. A notification issued by the National Security Division (the Secretariat of the National Security Committee), Cabinet Division on April 11, 2014 declared the National Security Committee to be 'principal decision-making body on national security'. 10. Memorandum on Allocation of Functions to the National Security Division, April 09, 2014, Cabinet Secretariat, Government of Pakistan

08 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

Meetings of the National Security apparently convened in the aftermath of tensions with India following the Pulwama attack of February 14, Committee: August 18, 2018 – August 17, 2019 in the Indian Occupied Kashmir (IoK).13 2019 At the meeting, the National Security Committee stated Since the oath of office of Prime Minister by Mr. Imran that “we need to move to ensure that militancy and Khan, MNA, on August 18, 2018, the National Security extremism are routed from the society and the State Committee has met six (6) times during the first year, never becomes hostage to extremists. In this regard, ending on August 17, 2019. Prime Minister directed both the interior ministry and the security institutions to immediately accelerate Compared to the number of meetings of the NSC held actions on ground.” Shortly after the meeting, the under the first tenure of Prime Minister Imran Khan in Interior Ministry announced banning of the Jamat ud Dawa (JuD) and its subsidiary Falah-i-Insaniat office, 3 NSC meetings were held during the first year 14 of the previous PML-N Government during 2013- Foundation (FIF). 2014. The NSC rejected India claims of the Pulwama attack 1st Meeting: November 6, 2018 being planned on Pakistani soil. The NSC reiterated that Pakistan has sincerely offered investigation of the The first meeting of the National Security Committee, incident as well as the offer of dialogue on the issue of convened and chaired by Prime Minister, Mr. Imran terrorism, among other disputed issues, and Pakistan Khan, was held on November 6, 2018, almost three expects India to positively respond to these offers. months after he took oath of office on August 18, 2018. The NSC statement went on to say that “India also A press release of the meeting was issued by the Prime needs deep introspection to realize that why people of Minister's Office (PMO),11 which shared that that the Indian Occupied Kashmir have lost fear of death. The meeting was attended by Foreign Minister, Makhdoom violence by Indian forces in Indian Occupied Kashmir Shah Mahmood Hussain Qureshi, MNA; Federal is highly counterproductive and the global community Minister for Defence, Mr. Pervez Khattak, MNA; needs to play its part in resolving the long pending Federal Minister for Finance, Mr. Asad Umer, MNA; Kashmir issue in accordance with UN resolutions and Federal Minister for Information and Broadcasting, aspirations of the Kashmiris.” The Prime Minister Mr. Fawad Ahmed, Minister of State for Interior, Mr. authorized Armed Forces of Pakistan to respond Shehryar Afridi, MNA; Chairman Joint Chiefs of Staff decisively and comprehensively to any aggression or Committee, General Zubair Mahmood Hayat, Chief of misadventure by India. Army Staff, General Qamar Javed Bajwa, Chief of Air A statement from the Prime Minister's office did not Staff, Air Chief Marshal Mujahid Anwar Khan, Chief 15 of Naval Staff Admiral Zafar Mahmood Abbasi and disclose the members who attended the meeting. other senior officials. 3rd Meeting: February 26, 2019 Reportedly, the agenda of the meeting included an overview of the security situation in the country and The third meeting of the NSC was held on February 26, Prime Minister's visit to China from November 2, 2019, five days after the second meeting. The meeting 2018-November 5, 2018. Among the highlights of the was held in the aftermath of Indian aggression, when visit was PM Khan's meeting with President Xi and Indian jets crossed into Pakistani territory and dropped delegation level talks led by the two leaders. The payload into a forest in Balakot. The NSC “strongly purpose of the visit was to review the whole range of rejected” the Indian claim of targeting an alleged bilateral relations along with seeking Beijing's support terrorist camp near Balakot and the claim of heavy to help Pakistan overcome a growing fiscal deficit.12 casualties and termed it as the Indian government resorting to “self-serving and reckless” action “done 2nd Meeting: February 21, 2019 for domestic consumption being in election environment.”16 The second meeting of the NSC was held on February 21, 2019, after a gap of over 3 months, and was According to the statement issued by the Prime Minister's Office, the meeting was attended by Minister 11. Prime Minister's Office, [Website], 2018, http://pmo.gov.pk/press_release_detailes.php?pr_id=2516 (accessed Jun 21, 2019) 12. Dawn.com, [Website], 2018, https://www.dawn.com/news/1443081 (accessed September 2, 2019) 13. On February 14, 2019, in what has been termed as “one of the deadliest terror attacks in the Indian Occupied Jammu and Kashmir, 40 Indian Central Reserve Police Force (CRPF) personnel were killed when, reportedly, a vehicle carrying over 100 kg of explosives was rammed into their bus in Pulwama district, IoK. The attack also left many critically wounded. 14. Geo.tv, [Website], 2019, https://www.geo.tv/latest/228887-govt-bans-jammat-ut-dawa-falah-e-insaniat-foundation (accessed September 18, 2019) 15. Prime Minister's Office, [Website], 2019, https://pmo.gov.pk/press_release_detailes.php?pr_id=2699 (accessed September 12, 2019) 16. PILDAT.org, [Website], 2019, Monitor on Civil-Military Relations, February 2019, https://pildat.org/civil-military-relations1/monitor-on-civil- military-relations-in-pakistan-for-february-2019 (accessed June 24, 2019) 09 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

of Foreign Affairs Makhdoom Shah Mahmood Pakistan, Mr. Anwar Mansoor Khan; Chief Minister Qureshi, Minister for Defence Mr. Pervaiz Khattak, Gilgit Baltistan, Hafiz Hafeez-ur-Rehman; DG ISI, Lt. Adviser to the Prime Minister on Finance Dr. Abdul Gen. Syed Asim Munir Ahmed Shah; DG ISPR, Maj. Hafeez Sheikh, Chairman Joint Chiefs of Staff Gen. Asif Ghafoor; DG MO, Maj. Gen. Nauman Zikria; Committee, General Zubair Mahmood Hayat, Chief of and Federal Secretaries of Foreign Affairs, Interior, Army Staff, General Qamar Javed Bajwa, Chief of Air Law, Kashmir Affairs & GB and Secretary National Staff, Air Chief Marshal Mujahid Anwar Khan, Chief Security Division.20 of Naval Staff Admiral Zafar Mahmood Abbasi and other civil & military officials.17 5th Meeting: August 4, 2019

The Prime Minister also used to the forum to announce An emergency meeting of the National Security that the government would brief the Parliament on the Committee was convened by Prime Minister Imran state of events to take the nation on board. Khan on August 4, 2019, after nearly over 2 months of the previous NSC meeting, to discuss Indian Subsequently, on February 27, 2019, Parliamentary aggression along the Line of Control (LoC) especially leaders were briefed on the security situation by the the use of cluster bombs to target civilian population in Foreign Minister, DG ISPR and Chief of Army Staff in Azad Jammu Kashmir (AJK). an in-camera briefing to the Parliament. Later, a statement issued by the National Assembly Secretariat The meeting was joined by Mr. Pervez Khattak, said that the Parliament “unanimously expressed that Defence Minister, Makhdoom Shah Mahmood they stand united against any aggression against Qureshi, Foreign Minister, Mr. Ijaz Ahmad Shah, Pakistan and will support the Government and it's Interior Minister; Dr. Abdul Hafeez Sheikh, Advisor to institutions unconditionally.” Prime Minister of Prime Minister on Finance; Chairman Joint Chiefs of Pakistan, Mr. Imran Khan, was not part of the briefing Staff Committee General Zubair Mahmood Hayat, to the Parliament.18 Chief of Army Staff General Qamar Bajwa, Chief of Naval Staff Admiral Zafar Mahmood Abbasi, Chief of 4th Meeting: May 22, 2019 Air Staff Air Chief Marshal Mujahid Anwar Khan, Special Assistant to the Prime Minister on Information The fourth meeting of the National Security Committee Dr. Firdous Ashiq Awan, DG ISI Lt. Gen Faiz Hameed, was held on May 22, 2019, after nearly three months of DG ISPR Maj Gen Asif Ghafoor, Secretary Foreign the previous or the 3rd NSC meeting convened by Affairs, Secretary KA & GB and Secretary National Prime Minister, Mr. Imran Khan. Security Division. Since the meeting was called to discuss Kashmir, Federal Minister for Kashmir Affairs The meeting was held in two sessions; the first and Gilgit Baltistan, Mr. Ali Amin Gandapur, and discussed the geo-strategic situation with a special Prime Minister of AJK, Raja Farooq Haider, were also reference to recent developments in the region while in attendance. the second discussed Gilgit-Baltistan reforms. Apart from reiterating its commitment to peace and stability The National Security Committee condemned Indian in the country, the forum also showed its support for on- action along the LoC while Pakistan was playing a vital going efforts to find a cure to the country's economic role in resolving the Afghan conflict. It resolved to woes. “The forum discussed and fully supported respond to any misadventure from India with full ongoing efforts towards a sustainable and lasting support of the nation.21 resolution of country's economic issues”, a press release from the Prime Minister's Office said.19 6th Meeting: August 7, 2019

The meeting was attended by Defence Minister, Mr. The sixth meeting of the National Security Committee Pervez Khattak, MNA; Interior Minister, Mr. Ijaz was convened on August 7, 2019 apparently in the Ahmed Shah, MNA; Law Minister, Senator aftermath of India scrapping Article 370 and 35(a) of Muhammad Farogh Naseem, Federal Minister for the Indian Constitution which effectively denied the Kashmir Affairs & Gilgit Baltistan, Mr. Ali Amin Indian-Occupied Jammu and Kashmir of their Gandapur, MNA; Adviser to the Prime Minister on relatively autonomous status. Finance, Dr. Abdul Hafeez Sheikh; Chairman JCSC, General Zubair Mahmood Hayat; Chief of Army Staff Prime Minister of Pakistan, Mr. Imran Khan, MNA, General Qamar Javed Bajwa; Naval Chief, Admiral chaired the meeting of the NSC which decided the Zafar Mahmood Abbasi; Chief of Air Staff, Air Chief course of action for resolving the brewing crisis. The Marshal Mujahid Anwar Khan; Attorney General of forum decided to take the following steps:

17. Prime Minister's Office, [Website], 2019, http://pmo.gov.pk/press_release_detailes.php?pr_id=2707 (accessed June 24, 2019) 18. Ibid 19. Prime Minister's Office, [Website], 2019, http://pmo.gov.pk/press_release_detailes.php?pr_id=2840 (accessed June 25, 2019) 20. Prime Minister's Office, [Website], 2019, http://pmo.gov.pk/press_release_detailes.php?pr_id=2840 (accessed June 25, 2019) 21. Prime Minister's Office, [Website], 2019, http://pmo.gov.pk/press_release_detailes.php?pr_id=2944 (accessed August 22, 2019)

10 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

1. Downgrading of diplomatic relations with 25, 2018, with strong perceptions of pre-poll and India. polling-day rigging referring to military's deliberate 2. Suspension of bilateral trade with India. attempt to selectively tilt the rules of level playing field 3. Review of bilateral arrangements. 23 in favour of Mr. Imran Khan, MNA and Chairman 4. Matter to be taken to the United Nations, Pakistan Tehreek-e-Insaf (PTI), who took oath of the including the Security Council. office of Prime Minister on August 18, 2018. 5. Independence Day, August 14, 2019 to be observed in solidarity with brave Kashmiris A performance assessment of the National Security and their just struggle for their right of self- Committee during August 2018-2019 shows that while determination. August 15, 2019 will be the NSC meetings were convened for a total of 6 times observed as Black Day. during the first year of Prime Minister, Mr. Imran Khan, in office, its pro-activity as a forum of regular Meeting participants included Mr. Pervez Khattak, consultation on national security agenda has not MNA; Defence Minister; Makhdoom Shah Mahmood improved. As witnessed during previous years, the Qureshi, MNA, Foreign Minister; Mr. Ijaz Ahmad NSC meetings were convened only in response to Shah, MNA, Interior Minister; Dr. Abdul Hafeez crises and not on weekly basis as is the practice in Sheikh, Advisor to Prime Minister on Finance; Mr. established democracies with similar forums. Shafqat Mahmood, MNA, Federal Minister for Education and Professional Training; Dr. Shireen When compared with the number of NSC meetings Mazari, MNA, Federal Minister for Human Rights; Mr. convened by former Prime Minister Nawaz Sharif Ali Amin Gandapur, MNA, Federal Minister for during his first year in office, 2013-2014, when NSC Kashmir Affairs and Gilgit Baltistan, Senator was formed and met 3 times, twice as many NSC Muhammad Farogh Naseem, Federal Minister for Law meetings were convened by Prime Minister Khan and Justice, General Zubair Mahmood Hayat, during his first year in office. Chairman Joint Chiefs of Staff Committee, General Qamar Bajwa, Chief of Army Staff, Air Chief Marshal Mujahid Anwar Khan, Chief of Air Staff , Vice Admiral Within a couple of weeks after taking oath as Prime Kaleem Shaukat, Vice Chief of Navy Staff, Dr. Firdous Minister, Mr. Imran Khan was invited over to the Ashiq Awan, , Special Assistant to the Prime Minister Army's General Headquarters (GHQ) for his security on Information, Lt. Gen Faiz Hameed, DG ISI, Major briefing on August 30, 2018. Comparing the briefings Gen Asif Ghafoor ,DG ISPR, Secretary Foreign Affairs received at the GHQ by Premier Khan, who received and other senior officers.22 security briefing at the GHQ within a fortnight of assuming office, and his predecessors, Dawn reported that as Prime Minister, Mr. Nawaz Sharif only received State of Inter-Institutional Relations: a security briefing after 5 months of assuming office; 2018-2019 PM Abbasi only got to visit the Joint Staff Headquarters after 8 months in office while Prime Minister Yousuf Raza Gilani was given security briefing at the GHQ In Pakistan, the state of civil-military relations 24 continues to be the biggest stumbling block to after 2 months in office. consolidation of democracy. The realization has been growing that Pakistan needs a dialogue among the State institutions. The creation of NSC in 2013, complete with a separate division to serve as its secretariat, was therefore seen as the crucial forum of regular consultation and even dialogue between elected political leadership and the military, which owing to peculiar history of Pakistan, do not always see eye to eye on important national issues. However, perhaps the dormancy of the NSC or the PML-N government's lack of focus in making it an institutional forum on consultation between civil and military also resulted in the forum being unable to play a role in improving relationship between the elected civilian government of the PML-N and the successive military leadership. PM Nawaz Sharif with Gen Raheel Sharif on November 26, The 11th General Election of Pakistan was held on July 2013 shortly after his appointment as COAS 22. Prime Minister's Office, [Website], 2019, http://pmo.gov.pk/press_release_detailes.php?pr_id=2956 (accessed August 22, 2019) 23. PILDAT.org, [Website], 2018, PILDAT Score Card on Perceptions of Pre-Poll Fairness, May 2018, https://pildat.org/wp- content/uploads/2018/07/PILDAT-Scorecard-on-Perceptions-of-Pre-Poll-Fairness-May-2018-010718.pdf?Submit=Download (accessed September 15, 2019) 24. Dawn.com, [Website], 2013, Sharif terms martyrs our benefactors, November 13, 2013, https://www.dawn.com/news/1056016/sharif-terms- martyrs-our-benefactors (accessed September 2, 2019)

11 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

Article 243 (1) of the Constitution assigns the Federal Government 'control and command of the Armed Forces' in Pakistan. The Federal Government exercises its powers of 'control and command of the Armed Forces' through its Ministry of Defence, whose executive authority rests in the Federal Minister of Defence. This makes Federal Minister of Defence the boss of the entire Defence Ministry, including the three Services Chiefs of Army, Air Force and Navy.

PM Nawaz Sharif with Gen Qamar Bajwa on November 26, Given the lop-sided civil-military relations due to 2016 after naming him the next COAS ascendancy of military in politics and governance of Pakistan in the past 72 years, PILDAT has continued to propose as a basic structural reform to successive During the first year of the PTI Federal Government elected governments that an effective Civilian Ministry and Prime Minister, Mr. Imran Khan, both the Federal of Defence (MoD) needs to be the sole authority in all Government and the military leadership have matters of policy, finance and budget of defence. continued to promote the message of civilian PILDAT has also maintained that only an “empowered government and the military being 'on the same page.' defence minister” should head the MoD, who is 'not by- “There is perception that Army interferes in the civilian passed by direct meetings and links between the Head affairs, but please be rest assured, the Army will of State and the Head of Government, on the one hand, function like any other government institution… This and the Service Chiefs on the other.” time both the civil and military leadership are on one page and share the same book”, Mr. Fawad Ahmed Even though the NSC meetings were only convened by Chaudhry, MNA and the then Federal Minister for Prime Minister Khan 6 times during his first year in Information, was quoted as saying in August 2018. The office, he has met and interacted with Chief of Army impression was further cemented when Prime Minister, Staff a total of 41 times between August 18, 2019 to as the chief guest on Defence and Martyrs' day August 17, 2019. The lack of focus on institutionalising celebrations at the GHQ in September 2018,25 said that the relationship between the elected political “a myth of civil-military imbalance has been created government and the military leadership is also reflected [in Pakistan]. It looks as if some huge confrontation is by the fact that Federal Minister for Defence, Mr. going on. (But) there is no such thing. All of us have a Pervaiz Khattak, was present in only 13 or 32% of the common goal of making the country rise.” 26 41 meetings held between Mr. Imran Khan and General Qamar Javed Bajwa in the first year. It is, indeed, the intent of the Constitution that the elected Federal Government is in command of the military, like other State institutions, and therefore, there is no harm in promoting the image of government and military leadership being on the same page. In a scenario in which an elected government and the military leadership take two divergent directions, the country would move towards a state of anarchy, a state Pakistan has faced far too many times resulting into 4 direct military interventions in politics and government since 1947. However, it is also the intent of the PM Imran Khan's ﬁrst meeting with COAS Gen Qamar Bajwa Constitution that final decision-making authority rests as Prime Minister on August 27, 2018 firmly with the elected government which is the final arbiter. However, decision-making on matters of national security requires vital input from security agencies before an elected government can take final policy decisions.

25. PILDAT.org, [Website], 2018, Monitor on Civil-Military Relations, August 2018, https://pildat.org/civil-military-relations1/monitor-on-civil- military-relations-in-pakistan-for-august-2018 (accessed September 15, 2019) 26. Dawn.com, [Website], 2018, https://www.dawn.com/news/1431456/imran-dismisses-civil-military-divide-as-myth (accessed September 15, 2019)

12 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

Figure 1: PM-COAS Interactions during Geo TV on December 30, 2017,30 who said that August 18, 2018 – August 17, 2019 “Defence Minister is merely a facilitator at best and most of the time even marginalised at that while Prime Minister directly deals with leadership of the Armed PM-COAS INTERACTIONS Forces.” Perhaps as to offer a way forward, the Defence OVERVIEW Minister also acknowledged that “we [PML-N] have Number of meetings attended by learnt that individually good relations between Federal Minister for Defence :13 31.7% Services Chiefs and PM do not solve issues in civil- military relations. There have to be good inter- institutional relations.” 41 Figure 3: Comparison of Premier-COAS Total Number Number of meetings not attended by of reported Federal Minister for Defence : 28 Interactions during First Years in Office interactions 68.3% 45 41 40 This pattern of personalised interaction between 35 31 successive Prime Ministers and Chiefs of the Army 30 Staff was not much different during the first year of 25 former Prime Minister, Mr. Nawaz Sharif, in office 20 19 15 who met Chiefs of Army Staff (outgoing COAS Gen. 15 Kayani and newly appointed COAS Gen. Raheel 10 Sharif) 27 a total of 31 times during 2013-2014. Granted 5 0 though that initially Prime Minister Nawaz Sharif Prime Minister Mr. Imran Khan Former Prime Minister Mr. Nawaz Sharif retained the portfolio of Defence himself, but once he gave Defence Ministry as an additional charge to Total Meetings One-One Meetings Khawaja Muhammad Asif,28 Defence Minister was only present in 5 or 24% of the meetings.29 Instead of making NSC the principle forum of consultation on national security agenda, Prime Figure 2: Interactions between PM and Minister Khan has created multiple additional forums apparently with the same aim to consult with military COAS leadership.

41 National Internal Security Committee (NISC)

On March 28, 2018, a press release from the Prime Minister's Office announced the PM chaired the first ever meeting of the National Internal Security 15

13 Committee.

According to the Press release, the meeting was

TOTAL MEETINGS ONE-ONE MEETINGS NUMBER OF MEETINGS attended by Foreign Minister Makhdoom Shah BETWEEN PM AND BETWEEN PM AND BETWEEN PM & COAS Mehmood Qureshi, Finance Minister Mr. Asad Umar, COAS DURING AUGUST COAS IN THE PRESENCE OF 18, 2018-AUGUST 17,2019 FEDERAL MINISTER Federal Minister for Education and Professional FOR DEFENCE Training Mr. Shafqat Mehmood, Minister for Religious Affairs, Mr. Noor-ul-Haq Qadri, Minister of State for Perhaps the most-damning indictment of management Interior Mr. Shehryar Khan Afridi, DG ISI Lt. Gen. of civil-military relations in the previous tenure came Syed Asim Munir Ahmed Shah, DG IB Dr. Suleman from the then-Federal Minister of Defence, Engr. Khan, Federal Secretaries, Chief Secretaries of the Khurram Dastgir Khan, MNA, who, in conversation provinces, IGs, provincial secretaries and senior 31 with Mr. Saleem Safi in his televised talk show Jirga on officials.

27. During his first year in office between 2013-2014, Prime Minister Mr. Nawaz Sharif interacted with outgoing Chief of Army Staff, Gen. Ashfaq Pervez Kayani, who relinquished his post on November 29, 2013, and the new COAS appointed by PM Nawaz Sharif, Gen. Raheel Sharif in November 2013. 28. Federal Minister for Water and Power at the time, Khawaja Muhammad Asif, was given the additional charge of the ministry of defence on November 27, 2013. Further details available at https://www.dawn.com/news/1058946 (accessed September 25, 2019). 29. PILDAT.org, [Website], 2018, State of Civil-Military Relations in Pakistan, A study of 5 year 2013-2018, 2019, https://pildat.org/civil-military- relations1/state-of-civil-military-relations-in-pakistan-a-study-of-5-years-2013-2018 (accessed July 9, 2019) 30. Youtube.com, [website], 2017, Jirga-30-December-2017, https://youtu.be/lJPxVD-SF9A (accessed October 24, 2018) 31. Prime Minister's Office, [Website], 2019, http://pmo.gov.pk/press_release_detailes.php?pr_id=2761 (accessed June 25, 2019)

13 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

Apart from discussing internal security situation 1. Prime Minister – Chairman particularly the implementation of the National Actions 2. Federal Minister for Foreign Affairs – Plan (NAP) by the interior ministry, the finance Member ministry also apprised the forum on the on-going 3. Federal Minister for Finance/Advisor to the coordination with Financial Action Task Force (FATF) Prime Minister on Finance - Member and Asia Pacific Group (APG) to take Pakistan out of 4. Federal Minister for Planning, Development the FATF grey list.32 and Reform – Member 5. Federal Minister for Commerce/Advisor to While these issues have been a regular part of NSC the Prime Minister on Commerce, Industries discussions, it is unclear why a separate forum like the & Production and Investment – Member National Internal Security Committee was needed to be 6. Chief of Army Staff – Member created in this regard. 7. Provincial Chief Ministers, Prime Minister of AJ&K and Chief Minister of Gilgit-Baltistan It is also unclear if the NISC would continue to hold (on invitation) - Members meetings or if it would have its secretariat along similar 8. Any additional minister/head of strategic lines as NSC. It is noteworthy to mention here that the body (on invitation) - Members Chief of Army Staff was not part of the meeting; the 9. Secretary to the Prime Minister - Member military was represented at the meeting by DG ISI. 10. Secretary, Foreign Affairs Division – Member Only one meeting of the NISC has reportedly taken 11. Secretary, Finance Division – Member place during the time period in review. 12. Secretary, Planning, Development & Reforms Division – Member It must be noted that in its manifesto33 ahead of the 13. Additional Secretary, Prime Minister's Office General Election 2018, Pakistan Tehreek-e-Insaf (PTI) - Secretary Council had pledged to establish “an institutional framework to deal effectively with internal security.” Terming the The Terms of Reference of the NDC stated in the body as a “National Security Organisation (NSO),” the notification left room for further addition as deemed fit. party had envisioned that in the NSO, “all the They are given as following: stakeholders can come together, strategize and oversee operationalization of a national security policy, in a 1. Set policies and strategies for development; structured, organizational manner.” The NSO, 2. Formulate and tailor policies to achieve according to the PTI Manifesto 2018, should have accelerated economic growth; “Prime Minister as Chairman while NACTA can act as 3. Approve long term planning for national and Secretariat of the NSO.” The Party pledged that the regional connectivity; NSO is to “comprise two parts: Plenary Council where 4. Provide guidelines for regional cooperation. decisions regarding policy and strategy are made, and which would have the Minister of Interior as the While the notification is issued by the Cabinet Deputy Chairman while members would be the Secretariat, it will not act as the secretariat of the NDC, Ministers for Finance, Foreign Affairs, and Defence as instead the responsibility has been given to the Prime well as the National Security Adviser (NSA), the Minister's Secretariat. Chairman JCSC, COAS, CNS, CAS with Secretary as DG NACTA.” The decision of the formation of NDC came as a surprise to many, especially in the presence of similar It remains unclear whether the setting up of the bodies including the National Economic Council National Internal Security Committee is to fulfil the (NEC). “Why we are replicating by a notification what vision of the NSO as described in PTI manifesto. is already in the Constitution,” remarked Senator Raza Rabbani during a debate on budget 2019 in the Senate.35 National Development Council (NDC) He was referring to Article 156 of the Constitution of In an unprecedented move a notification issued by the Pakistan; Cabined Secretariat on June 13, 2019 announced the establishment of National Development Council 156 (1) The president shall constitute a National (NDC) at the Prime Minister's Office which included Economic Council which shall consist of: --- the Chief of Army Staff Gen. Qamar Bajwa as a member.34 The notification of the council stipulated the (a) The Prime Minister, who shall be the following members of the council: Chairman of the council;

32. In 2018, Financial Action Task Force put Pakistan on a list of 'Jurisdictions with strategic deficiencies' for having an inadequate structure to stop money laundering and terror financing in the country. During the subsequent months Pakistan was given a set of targets to meet before September 2019 in order to negotiate an exit from the watchdog's grey list. 33. PTI Manifesto 2018. Page 56. http://insaf.pk/public/insafpk/content/manifesto 34. Notification No. 4-13/2019-Min-I issued by Cabined Division, Cabinet Secretariat, Government of Pakistan. 35. Dawn.com, [Website], 2019, https://www.dawn.com/news/1489439 (accessed June 25, 2019) 14 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

(b) The Chief Ministers and one member from each Province to be nominated by the Chief Minister; and (c) Four other members as the Prime Minister may nominate from time to time.36

Senator Raza Rabbani also criticized during his speech, stating the inclusion of COAS in an Economic Council would expose the Army to criticism.37 While no apparent schism has surfaced between the elected political government and the military during the past year, Pakistan has never seen a more institutionalised ascendancy of military into politics and democratic governance. There is a gradual and more institutionalised space created for the military in the civilian executive space of democratic governance. From continuing prominent role played by the Chief of Army Staff in diplomacy and in seeking and securing foreign aid to Pakistan to his appointment as a member to the first-ever council of its kind, the National Development Council, and now a three-year extension granted by the Prime Minister in his term of office as Chief of Army Staff, the system of democratic governance in Pakistan has never looked so hybrid with leading colours of the khaki. The systemic change in inter-institutional relations is not just limited at the top level of Premier and Chief of Army Staff. The Inter-Services Public Relations (ISPR) has assumed the role of a national institution that regularly issues policy pronouncements on a vast variety of subjects including foreign policy, media freedom, external and internal policy shifts and even madrassa reforms, to name a few. It is allegedly carrying out a concerted crackdown on dissenters in the media, leading to fast-shrinking civic and media space. It is the almost institutionalized erosion of civilian authority in matters of democratic governance which perhaps led to the recent pronouncements on the subject by Chief Justice of Pakistan once again when he said that “increasing loss of political space in governance of the state may not auger well for the future of the country as constitutional democracy.”38

36. Constitution of Islamic Republic of Pakistan, http://na.gov.pk/uploads/documents/1333523681_951.pdf (accessed June 25, 2019) 37. Dawn.com, [Website], 2019, https://www.dawn.com/news/1489439 (accessed June 25, 2019) 38. Dawn.com, [Website], 2019, https://www.dawn.com/news/1504713 (accessed September 17, 2019)

15 P I L D AT Performance of the National Security Committee An Overview August 2018 - August 2019

Recommendations

In April 2018, PILDAT prepared a set of recommendations for political parties on establishing democratic oversight on defence and national security.39 In the light of the current circumstances, the following set of recommendations are still relevant with regards to reform and re-activation of the National Security Committee and are re-produced here for consideration of the Federal Government:

1. It is important that a periodicity must be set for the meetings of the Committee. Minimum essential periodicity should monthly or twelve times a year. Similar bodies in other countries meet on a weekly basis chaired by the Prime Ministers.

2. Consultative and Not Decision-Making Body: The NSC provides a critical forum of consultation on national security issues, as well as an opportunity to bridge the perception gaps between civil and the military. PILDAT believes that the NSC is a critical forum for consultation on national security issues. Terming it, as its rules do since its creation in 2013, as 'the principal decision-making body on matters of national security,' encroaches upon the powers of the Federal Cabinet. PILDAT also maintains that the model of Pakistan's NSC is an anomaly in terms of its “decision-making” role as similar bodies working around the world such as in the US, UK and India, are only consultative and in an advisory role.

3. NSC Meetings dedicated to strategic Civil-Military Issues: Civil-Military Dialogue on long-term strategic issues like the Key strategic foreign relations and long-term security perspective is crucial to understand each other's perspective and to develop a unified national position. Understanding divergent perspectives and reaching a common ground cannot be accomplished in one or a few meetings. This requires consistent, regular and long-term engagement. At least one meeting in a month (preferably) or two months should be dedicated to these strategic subjects alone. There may be other NSC meetings to deal with routine operational matters but one meeting every 30 or 60 days should be devoted to strategic civil-military issues like internal security and foreign policy.

4. Research and Planning Infrastructure at NSC: NSC meetings, especially on strategic questions, need to have high-quality research input. Various Civil and Military institutions may have their own research inputs, but NSC needs to have its own infrastructure to collate the available research and carry out its own original research, where needed, in order to assist NSC in formulating informed recommendations. When the NSC (originally as Cabinet Committee on National Security) was formed back in 2014, an independent secretariat and two subsidiary bodies, the Planning Committee, and an Advisory Board were also to be established along with it. It would be in the best interest of the country to effectively operationalize them to assist the NSC.

5. A dedicated think tank comprising eminent national security experts from the field of defence, economic security, human security, energy security, food security, cyber security etc. must be set-up to support the work of the Committee. A multi-tier approach may also be useful to include the private sector in the consultative process.

6. The secretariat of the NSC should also set up a coordination and oversight mechanism for the intelligence agencies in the country.

7. The NSC must prepare a National Security Policy and Strategy of Pakistan to be approved by the federal cabinet.

8. The Terms of Reference (TORs) of the NSC should focus on the national security agenda, with an aim to formulate a national security policy that will become the guiding framework for its subsidiary policies - Defence policy, foreign policy, economic policy, and a comprehensive Counter-Terrorism strategy.

9. The NSC should develop and make available for public or selective discussion a periodic Defence and Security Review of Pakistan based on the National Security and Defence Policy of Pakistan.

39. PILDAT, 2012, Report on Recommendations for Political Parties on Establishing Democratic Oversight on Defence and National Security, https://pildat.org/civil-military-relations1/recommendations-for-leadership-of-major-political-parties-of-pakistan-on-improving-civil- military-relations-in-pakistan 16 Pakistan Institute of Legislative Development And Transparency