STATE OF CIVIL-MILITARY RELATIONS IN A Study of 5 Years: 2013-2018

Pakistan Institute of Legislative Development And Transparency STATE OF CIVIL-MILITARY RELATIONS IN PAKISTAN A Study of 5 Years: 2013-2018

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.

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Printed in Pakistan

Published: January 2019

ISBN: 978-969-558-734-8

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Pakistan Institute of Legislative Development And Transparency

Islamabad Office: P. O. Box 278, F-8, Postal Code: 44220, , Pakistan 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 A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

CONTENTS

Preface 05 List of Abbreviations and Acronyms 07 Executive Summary 09

Introduction 13

State of Civil-military Relations in Pakistan: June 2013-May 2018 13

Major Irritants in Civil-Military Relations in Pakistan 13 i. Treason Trial of Gen. (Retd.) 13 ii. The Islamabad Sit-in 14 iii. Disqualification of Mr. 27 iv. 21st Constitutional Amendment and the Formation of Military Courts 28 v. Allegations of Election Meddling 30 vi. Bajwa Doctrine 30 vii. Media Censorship 31 viii. Expanding Profile of the Successive Army Chiefs 31

Conclusion and Recommendations 48

List of Tables

Table 1: Timeline displaying major irritants in Civil Military Relations: 2013-2018 15 Table 2: Regional and International Visits and Interactions of COAS 32 Table 3: Call-ons & Interactions of COAS with Visiting Foreign Dignitaries and Ambassadors in 34 Pakistan Table 4: Meetings of the National Security Committee May 2013-May 2018 36

P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Prefaceeface Following our belief that a constitutional equation in Pakistan's civil-military relations is fundamental to consolidation of democratic governance in Pakistan, PILDAT has been monitoring civil-military relations in Pakistan and working towards a Constitutional and democratic oversight of defence and national security since 2004.

Pakistan witnessed its first civilian transfer of power, under a democratically-elected President, through the Election 2013. This report analyses the state of civil-military relations in Pakistan during the 5-year tenure of elected Government from 2013-2018 through focussing on major developments that have impacted civil-military relations.

Disclaimer PILDAT team has used publicly available data and published sources in putting together this report. Any omission or error, therefore, is not deliberate.

Lahore January 2019

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P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

List of Abbreviations and Acronyms

AFIC Armed Forces Institute of Cardiology C-in-C Commander-in-Chief CCNS Cabinet Committee on National Security CJP Chief Justice of Pakistan CNIC Computerized National Identity Card COAS Chief of Army Staff DCC Defence Committee of the Cabinet DGMO Director General Military Operations ECL Exit Control List FATA Federally Administered Tribal Area FC GHQ General Headquarters ISI Inter-Services Intelligence ISPR Inter-Services Public Relations JIT Joint Investigative Tribunal KP Khyber Pakhtunkhwa LEA Law Enforcement Agencies MML Milli Muslim League MNA Member National Assembly MPA Member Provincial Assembly MQM-P Muttahida Quami Movement-Pakistan NAB National Accountability Bureau NACTA National Counter Terrorism Agency NAP National Action Plan NID National Intelligence Directorate NSC National Security Committee PAT Pakistan Awami Tehreek PCNS Parliamentary Committee on National Security PEMRA Pakistan Electronic Media Regulatory Authority PIO Principle Information PkMAP Pakhtunkhwa Milli Awami Party PML-N Pakistan Muslim League-Nawaz PTA Pakistan Telecommunication Authority PTM Pashtun Tahaffuz Movement PPPP (Parliamentarian) PTI Pakistan Tehreek-e-Insaf SC Supreme Court SHC Sindh High Court TAPI Turkmenistan-Afghanistan-Pakistan-India TLYRA Tehreek-e-Labbaik Ya Rasul Allah (later enlisted with the ECP as Tehreek-e-Labbaik Pakistan – TLP)

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P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Executive Summary Summary

A review of 5 years of civil-military relations in Pakistan shows that instead of moving towards a constitutional equation of civil-military relations in Pakistan, the imbalance has worsened between 2013-2018. While in form, democracy appears to be moving towards consolidation; Pakistan has seen yet another peaceful democratic transfer of power from one elected civilian government to another through 11th General Election held in July 2018; however, the substance of democracy – of exercise of real executive power by democratically-elected governments – has seen rapid erosion in these 5 years.

As always, the age-old question is whether civilian governments have ceded space and power to the military or has the military encroached upon constitutionally-mandated powers of the elected executive. Towards the end of the Constitutional term of 5 years of the previous PML-N government, the latter appeared to be the case amidst widely-held perceptions that despite holding executive power, the PML-N stood weakened and unable to maintain and exercise its executive power and protect and preserve its electoral mandate against covert, consistent and systematic onslaught by the military.

The period under review started with the 10th General Election in 2013 that brought in the first democratic transition of power under a democratically-elected President. The PML-N, led by Mr. Nawaz Sharif, who had been removed from office by the 199 Coup d'état of Pervez Musharraf, was expected to bring about comprehensive national security reforms, which did not materialise except for the formation of a National Security Committee. While the NSC brought the elected civilian leadership together with the military leadership in the much-needed institutional setting, it remained mostly dormant and met for only 23 times in 5 years with an average of 4.6 meetings per year. Such has been the self- acknowledged importance of the NSC by the PML-N that while it took credit of almost everything else in its 2018 electoral manifesto, it failed to even take credit for forming the National Security Committee as its achievement and its stance shifted from “democratic oversight of defence” to “inter-institutional dialogue” in its manifesto for 2018 General Election.

With the NSC failing to bring about the required synchronisation in matters of statecraft between the two sides, Civil- Military relations only worsened during the 5 years period. Differences in stances continued to be made public with open spats witnessed through the 5-year period on issues such as the trial of former COAS Musharraf, Opposition Dharnas largely believed to be engineered, implementation of the National Action Plan, Dawn Leaks, extension to Gen. and support to the ouster of Mr. Nawaz Sharif and decimation of the electoral mandate of the PML-N in 2018 General Election. While both sides continued the mantra of being on the same page, the divide between them could not be starker during these 5 years. Mr. Nawaz Sharif was disqualified from holding public office on July 28, 2017, four years into his tenure by the Supreme Court under Article 62(1)f for failing to declare un-withdrawn receivable income from a Dubai firm.1 Pakistan's political history once again saw an elected Prime Minister unable to complete his tenure.

The most-damning indictment of civil-military relations in the past 5 years came from the then-Federal Minister of Defence, Engr. , MNA, who publicly said that there is indeed 'tanao' or tension in civil military relations in Pakistan. In conversation with Mr. Saleem Safi in his televised talk show Jirga on Geo TV on December 30, 2017,2 the then Defence Minister, referring to Constitutional equation of civil-military relations, said that “we have to “search for truth in facts;” that while the Constitution is an ideal and inspiration but facts, on the ground, are different.” In terms of democratic oversight of defence, he also went on to say that “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 Forces” also acknowledging the reasons behind these anomalies that“We [PML-N] have learnt that individually good relations between Services Chiefs and PM do not solve issues in civil-military relations. There have to be good inter-institutional relations. ” When asked what is the minor difference of opinion on foreign relations between the civilian Government and the Armed Forces, he said that they are absolutely on the same page as far as relations with the US are concerned but on Afghanistan there are minor issues. He rather profoundly said that “ham bar bar yeh clarity chahtey hain Afwaj-e- Pakistan sey keh jo kuch bhi Afghanistan mein ho raha hai, us ka koi ta'aluq Pakistan sey nahin hona chahiye.” [We are always looking for this clarity from Pakistan Military that whatever is happening in Afghanistan, Pakistan should have nothing to do with it.]. 1. Dawn.com, [website], 2017, Nawaz Sharif steps down as PM after SC's disqualification verdict, https://www.dawn.com/news/1348191 (accessed on September 28, 2018) 2. Youtube.com, [website], 2017, Jirga-30-December-2017, https://youtu.be/lJPxVD-SF9A (accessed October 24, 2018) 09 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

The personalisation of relationship as a strategy to mend civil-military relations indeed did not work also. Prime Minister Nawaz Sharif met COAS Raheel Sharif 106 times and COAS Bajwa 13 times while only 9 meetings of the NSC were held under his stint of 4 years in office. Similarly, Prime Minister met COAS Bajwa 26 times while only 14 NSC meetings were held under his tenure of 10 months. It needs to be noted that out of the total of Premier-COAS interactions, 35 of these meetings (i.e., 29% of the total times they met) were one-on-one interactions between the Prime Minister Sharif and the two Chiefs of Army Staff while the Minister for Defence was present in only 34 of these meetings (28% of the total times the Prime Minister and the COAS met). On the other hand, the National Security Advisor to the Prime Minister (before October 22, 2015, Mr. , and then Lt. Gen. (Retd.) Nasser Khan Janjua) was present in 33 of these meetings (27% of the total meetings held between the Prime Minister and the COAS). During the 26 times PM Abbasi interacted with COAS Bajwa, the Federal Minister for Defence was present in only 13 (50% of the total times the Prime Minister and COAS met) and the National Security Adviser was present in 13 (50%) of the meetings. Despite these individualized meetings, the country witnessed a sitting General, spokesperson of the Inter- Services Public Relations, tweeting that a Federal Government 'Notification is rejected ';3 that a sitting Army Chief 'protected Gen. (Retd.) Pervez Musharraf from his treason trial, as claimed by Gen. (Retd.) Musharraf' 4 and another COAS openly criticised Pakistan's economy 5 as a Federal Minister was undertaking economic negotiations in Washington D.C. The list of open spats and differences goes on.

While the entire 5 year duration under review has been replete with milestones, moments and irritants that have been compiled in detail in this study, the most crucial has been the ouster of Mr. Nawaz Sharif from politics. He was first disqualified by the Supreme Court, through the findings of a Joint Investigation Team (JIT) that had representatives of the ISI & MI as its members. Later he was disqualified from holding party office and all his actions and notofications as head of the party were termed null & void. In May 2018, Mr. Sharif's interview in Dawn titled ''For Nawaz, its not over till its over provided the first public acknowledgement by him of the real reason behind his falling out with the country's establishment. As public statements go, Mr. Sharif was understood to have crossed a point of no return in providing what he termed as the key reason of establishment's animosity towards him, at the heart of which is the crucial difference of opinion on policy of dealing with non-State actors. While the 20-point National Action Plan is understood to have put on firm track the State perspective of zero tolerance to all terrorism, Mr. Nawaz Sharif's narrative pointed to persistent lack of unanimity on the issue between elected government and the establishment. He was quoted as saying in the interview that “You can't run a country if you have two or three parallel governments. This has to stop. There can only be one government: the constitutional one.” He further said that “Militant Organisations are active… Should we allow them to cross border and kill 150 people in Mumbai?.. It is absolutely unacceptable; … Why can't we complete the trial,” referring to the Mumbai attacks-related trials which have stalled in a Rawalpindi anti-terrorism court. “It's absolutely unacceptable. This is exactly what we are struggling for. President Putin has said it. President Xi has said it,” Mr. Sharif was quoted as saying.

That this divergence of opinion resulted in his maneuvered ouster from power has been alleged to be the result of a military-judiciary nexus or a“the judicial farce that resulted in Sharif's most recent ouster demonstrates that the courts remain tools for the generals to clip democracy's wings.” 6 That it is a manufactured ouster is also somewhat backed by a leaked audio of a conversation 7 between Mr. Zia Shahid, Chief Editor Khabrain Group of Newspaper, and Mr. Tahir-ul- Qadri, Chief of Pakistan Awami Tehreek, Mr. Zia Shahid can be heard saying that two senior Generals of the Army told him that they [military] are 99.9% unanimous in ensuring Mr. Nawaz Sharif is ousted from politics. Much of the same indication came from the ousted Islamabad High Court Justice Siddiqui Justice, who while challenging his removal in the Supreme Court, stated that Deputy Director General (Internal) of ISI inquired about procedure of hearing appeals in the High Court and conviction of Prime Minister Nawaz Sharif and when the former Judge answered that the case would be decided based on merit, Deputy Director General (Internal) of ISI is quoted to have said that “Iss tarah tou hamari 2 saal ki mehnat zaya hojayegi 8 [if the case is to be decided on merit, our efforts worth of 2 years [for removal of Nawaz Sharif] would be in vain.]. 3. Tweet also released in the form of a press release that can be accessed at: https://www.ispr.gov.pk/front/main.asp?o=t- press_release&id=3952&cat=army 4. The interview was aired on November 27, 2016 on Geo Television by Mr. Saleem Safi. The complete interview can be see at: https://www.youtube.com/watch?v=dJokqIrueDY 5. ISPR Press Release, Official Website, October 11, 2017, as accessed on November 03, 2017 at https://www.ispr.gov.pk/front/main.asp?o=t- press_release&id=4319&cat=army 6. Foreign Policy.com, [website], 2017, http://foreignpolicy.com/2017/08/09/the-only-enemy-pakistans-army-can-beat-is-its-own-democracy/ (accessed December 27, 2018) 7. Youtube.com, [website], 2018, https://youtu.be/dbG4ndPZnT0 (accessed December 5, 2018 8. Twitter.com, [website], 2018, https://twitter.com/sameer1_abbasi/status/1055739672570355712 (accessed November 6, 2018)

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The period under review has also been marred by a systemic crackdown against freedom of expression. However, unlike in the case when martial law is operational, there is no clear evidence, although there are loud whispers and published stories in international media, that the muzzling of the media is directly being carried out by the military. In March 2018, Geo News was mysteriously taken off the air and could not resume even after clear instructions by the Supreme Court. Daily Dawn, one of the few remaining newspapers critical of the military, was banned in Cantonments and had its distribution affected in other areas of the country. Newspapers refused to publish articles by prominent journalists, who took a critical line against the military. TV anchors that questioned the military narrative saw their shows close down in an apparent cost-cutting drive.

The analysis on worsened civil-military relations poses serious points to ponder for the country, institutions and citizens alike. Why does military have to intervene and meddle in politics? Now that it has shied away from a direct intervention, an almost complete subjugation of the system has taken place while remaining on the sidelines. Military take-overs in the past have been explained to have been driven to protect Pakistan's National Interest, even though it still remains unclear what National Interest is and who gets to define it? Is the onus of determining National Interest solely on the military? If yes, how and in what ways has it affected the country so far? Assuming that fall out with the military is one of the major reasons of Mr. Sharif's ouster from power and the military did favour another political party and leader, what is the long-term plan? How much thinking resources of the military are spent on political actions? What does it mean for our democracy? How does it impact our international standing?

It is often stated that the PTI Govt and Military are on one page. It is a unique situation in the political history of Pakistan, which presents opportunities to address national, policy and governance related issues in a holistic manner.

While all States are always in the process of evolving and stabilizing cohesion between State pillars, the situation in Pakistan in 2019 regarding civil-political-military relations requires that special and enduring priority be given to this subject at the highest levels of the Legislature, the Executive, including the Armed Forces, the Judiciary, civil and political society and the media. Military also needs to evolve a strategy to minimise the impact of the negative reflections on its image.

The newly elected PTI government, although enjoying good relations with the military so far, would have to solve some pertinent issues in this sphere. Below are the key recommendations in this regard:

a. The principal objective of stakeholders must be a stronger, democratic system supported by a vibrant Parliament, an independent Judiciary, an effective Executive, including a strong Military, and free Media. This objective can only be achieved with political stability in the country. Any shortcomings in the democratic process can be cured by more democracy and not by curtailing or managing it.

b. The Military should prevent any grounds on the basis of which strong perceptions prevail that it is covertly interfering or managing political affairs.

c. A similar policy should be followed in relation to the media. It is equally important for the Government and the Military to restore the true spirit of free media.

d. To avoid political gridlock, it is necessary that all organs of Government should work within their lawful remit to improve relations between all political parties. This is essential for good governance and continued democratic stability.

e. Well before 2050, Pakistan's population might surpass 400 million. The people will need to be fed and educated. The demands of critical and rational thinking and science and technology will need to be prioritized including resources for basic services including health care, human security, human rights protections, etc. The challenges of the 21st Century that loom over the country are not being urgently addressed. In the present uncertain political situation, longer-term challenges facing the country have drifted to the back burner. We must refocus on the real issues.

f. Civil-military relations can and must only be viewed and restructured within the framework of democratically elected civilian supremacy and good governance.

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g. The role of the National Security Committee must be strengthened to provide a systematic institutional framework for managing and improving civil-military relations.

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Introduction investigate the case, it later expressed its willingness to expand investigation into the treason case to the extent This PILDAT report attempts to provide an objective of three alleged abettors. In a detailed judgment issued analysis of the developments in the Civil-Military by the Islamabad High Court on November 10, 2015, relations during May 2013-May 2018 and provide the bench directed the Federal Government to re- policy recommendations that can help steer the country investigate the case to ascertain the role of Gen. (Retd.) and its democratic order at this time. Pervez Musharraf's aiders and abettors in the imposition of emergency on November 03, 2007. Major Developments Affecting Civil- Yet another stumbling block presented itself when Military Relations: 2013-2018 Justice Faisal Arab, heading the Special Court and the Chief Justice of Sindh High Court, was elevated to Treason Trial of Gen. (Retd.) Pervez become a Supreme Court judge. The Government Musharraf subsequently appointed High Court Chief Perhaps the earliest and one of the most impactful Justice, Justice Mazhar Alam Miankhel, as the head of events on civil-military relations during 2013-2018 has the Special Court, after receiving the Supreme Court's been the decision taken by the PML-N Federal nomination. The Special Court on March 08, 2016 Government to pursue a Treason Trial against Gen. directed Gen. (Retd.) Pervez Musharraf to record his (Retd.) Pervez Musharraf for his imposition of statement in front of the Special Court, but his counsel Emergency violating the constitution in November informed the Court that he could not attend the 2007 that led to his indictment on May 31, 2014. As proceedings due to medial reasons. subsequent developments showed, the trial became a significant irritant in civil military relations in Pakistan. In the meanwhile, Gen. (Retd.) Pervez Musharraf requested the Supreme Court to grant him one-time The former President's dash to the Armed Forces permission to travel abroad to seek medical treatment. Institute of Cardiology (AFIC) on January 02, 2014 The Supreme Court lifted the ban on his travel on (ostensibly due to critical health concerns) and his long March 17, 2016 upholding a June 12, 2014 Sindh High sojourn there as he was discharged on April 3, 2014 – a Court (SHC) order that called for removing his name stay of 3 months – while an AFIC Doctor gave the from the Exit Control List (ECL). However, the report that former President did not require Supreme Court added the caveat that it was incumbent hospitalisation - gave the impression that the Military upon the Government to retain the former President's leadership was sheltering him from facing legal name on the Exit Control List, if it deemed fit. proceedings. This was later confirmed by Gen. (Retd.) Subsequently, the Federal Government also allowed Pervez Musharraf himself who said that Gen. Raheel the former President to travel abroad, provided he Sharif, as COAS, had protected him [Gen. (Retd.) returns to face the court proceedings against him. Musharraf] from his treason trial, claimed. 'Gen. However, this does not seem to be the case as he has (Retd.) Raheel Sharif had 'a role to play in releasing the since missed appearances before the Special Court, pressure behind the scenes … Once he [Gen. (Retd.) which has also declared him a proclaimed absconder. Raheel Sharif] got the Government to relieve the pressure that they were exerting, the courts gave In March 2018, a special court hearing the case against their judgment and allowed me to go abroad Gen. (Retd.) Pervez Musharraf ordered the Interior 9 Ministry and relevant departments to confiscate his for treatment'. properties, cancel his CNIC, and passport and arrange for his arrest via the Interpol.10 The accused has On November 21, 2014, the Special Court issued an consistently missed court hearings on the pretext of order to include Mr. , Mr. 'medical reasons' while simultaneously having media and Justice (Retd.) Abdul Hameed Dogar in the treason appearances while staying abroad. During a hearing of trial. The three concerned gentlemen, however, the treason case, Chief Justice Saquib Nisar rebuked appealed against the order in the Islamabad High Court, Musharraf's council for the former military dictator which placed a restraining order on the proceedings of missing court. “The commando who used to describe the Special Court till the matter had been decided. himself as a 'courageous commando' should today Although the Government was initially resistant to re- display that courage…Why is the courageous

9. Dawn.com, [website], Raheel Sharif 'helped me out' in leaving Pakistan: Musharraf, 2016, https://www.dawn.com/news/1303429 (accessed October 26, 2018)

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commando not returning?”, asked CJP. According to made the request, with Dr. Tahir-ul-Qadri and Mr. his lawyer, Gen. (Retd) Musharraf's condition is claiming the opposite.15 worsening by the day.11 Mr. accused Mr. Imran Khan of In May 2018, former Prime Minister Nawaz Sharif said following a “scripted plan” on the behest of the that the “NAB cases against him are by-products of him Military.16 filing a high treason case against former military dictator Pervez Musharraf.”12 He further claimed that The ISI chief, Lt. Gen. Zaheer-ul-Islam was replaced “before the filing of the treason case I had met Imran with Maj. Gen. Rizwan Akhtar.17 The appointment of Khan and he never demanded my resignation. But the new DG ISI was significant at a time when the Army surprisingly after Musharraf was booked, he met was accused of involvement in the political crisis of the Tahirul Qadri in London where they decided to stage a twin sit-ins seeking to overthrow the incumbent PML- sit-in against my government.”13 N government. The ISI chief, Lt. Gen. Zaheer-ul-Islam, was considered to be pushing for the Premier's ouster as Gen. (Retd.) Pervez Musharraf's trial has not only been Government sources claimed they had evidence of the a major irritant in itself, it has served as the basis of ISI “backing Imran to get rid of Nawaz.”18 worsening Civil-military relations in the country during the past five years. Dawn Leaks The Dawn story of October 06, 2016 titled Exclusive: The Islamabad Sit-in Act against militants or face international isolation, PTI and the PAT begin a dharna in August 2014, which civilians tell military which was denied both by led to significant doubts about the continuity of the Government and the Military, became a major elected Government, and were considered by many to controversy and cause for an investigation known as be orchestrated by the establishment to reduce the “Dawn Leaks.” 19 elected Government's preponderance and sway vis-à- vis the Musharraf Treason Trial. The ISPR statement The issue of 'Dawn Leaks' Inquiry hit a new high on 'all stakeholders to resolve prevailing impasse through April 29, 2017, after a letter of the Prime Minister meaningful dialogue in larger national and public Office on the Dawn Leaks Inquiry Committee appeared interest'14 showed as if the Military leadership was on the social media and communicated the Prime treating both the protestors and the Government at par, Minister's approval of the withdrawal of the portfolio of and sitting in judgment about their conduct. Because of the Special Assistant to Prime Minister on Foreign this equidistant position of Army, Gen. Raheel Sharif Affairs Syed and proceedings under was asked to mediate in the crisis, although at whose Efficiency and Discipline Rules 1973 against Rao behest, was a matter of much controversy. Prime Tehseen Ali, Principal Information Officer (PIO) of the Minister Nawaz Sharif, during the Joint Session of the Ministry of Information. The same day, DG ISPR Maj. Parliament, had stated that the PTI and PAT chiefs had Gen. Asif Ghafoor tweeted 'Notification on Dawn Leak

10. The News.com, [website], Special Court orders arrest of Musharraf through Interpol in high treason case, 2018, https://www.thenews.com.pk/latest/293203-court-orders-arrest-of-musharraf-through-interpol-in-high-treason-case (accessed October 26, 2018) 11. Dawn.com, [website], CJP grills Musharraf's lawyer on 'brave commando's' overdue return to Pakistan, 2018, https://www.dawn.com/news/1436358 (accessed December 6, 2018) 12. Dawn.com, [website], Corruption references against me are punishment for treason case against Musharraf, Nawaz tells court, 2018, https://www.dawn.com/news/1409494 (accessed October 26, 2018) 13. Ibid 14. The Nation.com, [website], 2014, http://nation.com.pk/20-Aug-2014/army-calls-for-restraint-dialogue (accessed December 27, 2018) 15. Dawn.com, [website], 2014, http://www.dawn.com/news/1149778 (accessed May 10, 2015) 16. Dawn.com, [website], 2014, https://www.dawn.com/news/1135523 (accessed December 27, 2018) 17. The Express Tribune.com, [website], 2014, http://tribune.com.pk/story/787606/lt-gen-rizwan-akhtar-to-take-reins-of-isi-today (accessed June 08, 2015) 18. VOAnews.com, [website], 2014, http://www.voanews.com/content/reu-pakistan-army-debate-prime-minister-nawaz-sharif-ouster- protests/2439957.html (accessed December 27, 2018) 19. The exclusive Dawn Story of October 06, 2016 titled Exclusive: Act against militants or face international isolation, civilians tell military which was denied both by Government and the Military became a major controversy. The story was said to be based on conversations with Dawn of individuals present in the crucial meetings (that) week. In the leaked meeting, a verbal confrontation between Chief Minister Shahbaz Sharif and then DG ISI Lt. Gen. Rizwan Akhtar was narrated in which Chief Minister claimed that security establishment works behind the scenes to set certain groups free whenever action is taken against them. In the end, Prime Minister Sharif directed Lt. Gen. Akhtar to 'tour the provinces at the direction of the prime minister, issue fresh orders to ISI sector commanders and meet with provincial apex committees to chalk out specific actions that need to be taken in various provinces' and Lt. Gen. Akhtar 'readily agreed.' 14 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

is incomplete and not in line with recommendations by The Dawn Leaks saga, as evident, was not taken well the Inquiry Board. Notification is rejected.' 20 by the successive military leadership and is believed to be sore point of relationship between the military and The Tweet of DG ISPR was finally withdrawn on May the elected Government under Mr. Nawaz Sharif's 10, 2017 through an ISPR Press Release in which it was Premiership. While the demand for inquiry came under clarified that the Tweet was 'not aimed at any the then-COAS Raheel Sharif, the in-coming COAS government office or person.' The press release also Bajwa also pursued it. It should be noted here that Mr. went on to reiterate its 'firm commitment and continued Nawaz Sharif was disqualified within a year of the resolve to uphold the Constitution of the Islamic Dawn leaks controversy. Republic of Pakistan and support the democratic process.'

The Interior Ministry issued a notification in the Inquiry Committee Report on the same day in which the noticeable new entry compared to the leaked letter of the Prime Minister Office of April 29, 2017 was the endorsement of the 'action already taken by the Federal Government against Senator .'21

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

1. August 2013 On August 22, the Federal Government established a Cabinet Committee on National Security (CCNS) and notified the setting up of a new National Security Division to serve as the secretariat of the Committee. This body replaced the Defence Committee of the Cabinet (DCC) which had no independent secretariat, staff or support infrastructure. The nomenclature of the CCNS was later changed to National Security Committee - NSC and in a later development, the NSC was converted into a 'decision-making body' and not a consultative forum as it exists in other democracies. 2. November 2013 Contrary to the pledge made by Mr. Nawaz Sharif ahead of General Election that the post of Army Chief will only be filled on the principle of seniority, Lt. Gen. Raheel Sharif, the 3rd in seniority in the Army ranks at the time, was appointed as the new Army Chief on November 28, 2013. 3. February 2014 The National Internal Security Policy of Pakistan was presented in the National Assembly on February 26, 2014. The major announcement is to convert National Counter-Terrorism Authority into a coordinating body and to establish a joint intelligence directorate under NACTA as a coordinating body between '26 intelligence agencies'. 4. April-May 2014 The decision taken by the Federal Government to pursue a Treason Trial against Gen. (Retd.) Pervez Musharraf for his imposition of Emergency in November 2007, and the latter's indictment on May 31, 2014 creates irritants in civil-military relations.

20. Inter-Services Public Relations, [website], Tweet also released in the form of a press release that can be accessed at: https://www.ispr.gov.pk/front/main.asp?o=t-press_release&id=3952&cat=army 21. Geo.tv, [website], 2017, https://www.geo.tv/latest/141238-Interior-Ministry-notification-echoes-ISPR-stance-Dawn-leaks-matter -settled (accessed December 27, 2018)

15 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

5. April 2014 Irresponsible statements of the Government Ministers regarding the trial created the perception that the Federal Government was conducting the trial to only settle personal scores. 22 6. January 2014 The former President's dash to the Armed Forces Institute of Cardiology (AFIC) on January 02, 2014 (ostensibly due to critical health concerns) and his long sojourn there as he was discharged on April 3, 2014 – a stay of 3 months – while an AFIC Doctor gave the report that former President did not require hospitalisation - gave the impression as if the Military leadership was sheltering him from facing legal proceedings. The Federal Minister for States and Frontier Regions, Lt. Gen. (Retd.) , MNA, also asked the Army Chief to move the former dictator out of the Military hospital as his prolonged stay over there was damaging the reputation of the Military'.23 7. April 2014 Assassination attempt on Mr Hamid Mir, senior journalist of Geo Television, served to cast a long shadow on civil-military relations in Pakistan. Geo Television, using the sound bites of Hamid Mir's brother, launched a 24-hour long ferocious and unprecedented campaign against the Inter-Services Intelligence (ISI) and its Director General, Lt. Gen. Zaheer ul Islam, blaming him personally and the ISI as an institution for the attempt on the life of Hamid Mir. Although the ISI reports to the Prime Minister and technically works under Prime Minister's office, Prime Minister's office maintained a deafening silence while the media house, through its popular TV channel and several newspapers, went on an irresponsible rampage against the ISI and its head. The Pakistan Electronic Media Regulatory Authority (PEMRA) simply took no notice of this vicious campaign. Once a public backlash began to appear, the public relations wing of the Armed Forces, ISPR, also tried to rebut the accusations. In a stark contrast to his and his Government's total inaction in the case of defending the ISI or its chief, Prime Minister, Nawaz Sharif, showed extra- ordinary swiftness to convene a high level meeting on a Sunday (April 20) and announced the constitution of a very high level judicial commission to probe into attack on Mr. Mir, consisting of three supreme court judges (The Hamood ur Rehman Judicial Commission formed to probe the dismemberment of Pakistan in 1971 had two judges of the Supreme Court along with a high court judge). The Prime Minister also undertook an extraordinary step of visiting convalescing Hamid Mir in a Hospital the next day (21 April) along with his Minister of Defence and Minister for Information. The Information Minister, speaking to media on the occasion, said that Prime Minister's visit to Hamid Mir was a show of solidarity with the reason (Daleel) and Intellect (Danish) opposed to the sling (Ghulail) – a message that was open to diverse and somewhat dangerous interpretations in the charged atmosphere.24

22. For example, during April 2014, the Federal Minister for Defence, , MNA ridiculed Gen. (Retd.) Pervez Musharraf by saying that the latter puffed up his chest because he used to be wearing a life jacket. The Federal Minister for Railways, , MNA also said that the former ruler committed the 'mother of crimes' by abrogating the Constitution time and again. During the period, a speech made by the Federal Minister for Defence, Khawaja Muhammad Asif, MNA also went viral on the internet and on TV channels in which he directed scathing criticism at the Military and alluded to their failures in all the wars. For details, please see the heading titled Mercury rising in Civil-Military relations, on page 02 of the PILDAT publication Monitor on Civil-Military Relations in Pakistan, April 01, 2014-April 30, 2014, w h i c h c a n b e a c c e s s e d a t : h t t p : / / w w w. p i l d a t . o r g / p u b l i c a t i o n s / p u b l i c a t i o n / C M R / M o n i t o r o n C i v i l - MilitaryRelationsinPakistan_April012014_April302014.pdf 23. For details, please see the heading Indictment of Gen. (Retd.) Pervez Musharraf, on page 03, of the PILDAT publication titled Monitor on Civil- M i l i t a r y R e l a t i o n s i n P a k i s t a , M a r c h 0 1 , 2 0 1 4 - M a r c h 3 1 , 2 0 1 4 , w h i c h c a n b e a c c e s s e d a t : http://www.pildat.org/Publications/publication/CMR/MonitorOnCivil-MilitaryRelationsinPakistan_March012014_March312014.pdf 24. For details, please see the PILDAT publication titled Monitor on Civil-Military Relations in Pakistan, April 2014, which can be accessed at: http://www.pildat.org/publications/publication/CMR/MonitoronCivil-MilitaryRelationsinPakistan_April012014_April302014.pdf

16 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

8. August – PTI and the PAT begin a dharna in August 2014, which led to significant doubts about the December 2014 continuity of the elected Government, and were considered by many to be orchestrated by the establishment to reduce the elected Government's preponderance and sway vis-à-vis the Musharraf Treason Trial. The ISPR statement 'all stakeholders to resolve prevailing impasse through meaningful dialogue in larger national and public interest' 25 showed as if the Military leadership was treating both the protestors and the Government at par, and sitting in judgment about their conduct. Because of this equidistant position of Army, Gen. Raheel Sharif was asked to mediate in the crisis, although at whose behest, was a matter of much controversy. Prime Minister Nawaz Sharif, during the Joint Session of the Parliament, had stated that the PTI and PAT chiefs had made the request, with Dr. Tahir-ul- Qadri and Mr. Imran Khan claiming the opposite.26

Mr. Javed Hashmi accused Mr. Imran Khan of following a “scripted plan” on the behest of the Military. 27

The ISI chief, Lt. Gen. Zaheer-ul-Islam was replaced with Maj. Gen. Rizwan Akhtar.28 The appointment of the new DG ISI was significant at a time when the Army was accused of involvement in the political crisis of the twin sit-ins seeking to overthrow the incumbent PML-N government. The ISI chief, Lt. Gen. Zaheer-ul-Islam, was considered to be pushing for the Premier's ouster as Government sources claimed they had evidence of the ISI “backing Imran to get rid of Nawaz.”29 9. January 2015 The formation of Military Courts, paved by the Parliament passing the 21st Constitutional Amendment, 2015 (that had a sunset clause of two years and later reconstituted for another two years in January 2017) after the Peshawar Tragedy, signified yet another institutional imbalance for Pakistan's civil-military relations as all political parties agreed to the constitution of military courts after the military indicated its support for such a move.

Following the amendment, formation of the Provincial Apex Committees, without any constitutional or legal basis30 have been a peculiar by-product of the NAP in the centre and provinces, giving military commanders a commanding seat at the executive table. Important decisions regarding the provinces' internal security emanated from the Apex Committees.

10. April 2015 The Federal Minister for Interior, Chaudhary Nisar Ali Khan, MNA, in his remarks of April 13, 2015, acknowledged the presence of 'an irritant' in civil-military relations but was confident that these would be overcome.

25. The Nation.com, [website], 2014, http://nation.com.pk/20-Aug-2014/army-calls-for-restraint-dialogue, accessed on January 29, 2019 26. Dawn.com, [website], 2014, http://www.dawn.com/news/1149778 (accessed on January 29, 2019) 27. Dawn.com, [website], 2014, https://www.dawn.com/news/1135523 (accessed January 29, 2019) 28. The Express Tribune.com, [website], 2014, http://tribune.com.pk/story/787606/lt-gen-rizwan-akhtar-to-take-reins-of-isi-today (accessed on June 8, 2015) 29. Voice of America, [website], 2014, http://www.voanews.com/content/reu-pakistan-army-debate-prime-minister -nawaz-sharif-ouster- protests/2439957.html (accessed on January 29, 2019) 30. Inter-Services Public Relations, [website], 2015, https://www.ispr.gov.pk/front/main.asp?o=t-press_release&date=2015/1/3 (accessed on January 29, 2019) 17 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

11. May 2015 Lt. Gen. Naveed Mukhtar, Commander V Corp (Karachi) delivered an extraordinary speech in May 2015 openly criticising the elected Sindh Government. Considering that Lt. Gen. Naveed Mukhtar's speech represents a well-considered institutional view of the Military, he said “police and administration should be free from political interference” in Sindh along with the resolve to “bring the Karachi Operation to its logical conclusion.” Corp Commander expressed concerns regarding the distribution of development funds by the Sindh Government by saying that “parallel governments and centres of power must come to an end in the province.” In an apparent rejoinder issued by the Chairperson of the PPP, and the former , Mr. , in which he did not directly refer to the Corp Commander's speech, but made a vague allusion to it, he urged restraint from any 'lecturing', all the while iterating that the people should be the judge of the performance of the elected Sindh Government. 31 12. June 16, 2015 The Co-Chairman of the PPP, Mr. Asif Ali Zardari delivers his fiery speech in which he criticizes the Military leadership for 'stepping out of its domain'.32 13. November 2015 Press Release issued by the ISPR criticizied the Government for its governance, especially in the context of the implementation of the National Action Plan stating that 'while appreciating progress of ongoing operation and Intelligence Based Operations (IBOs), their achievements and effects, COAS underlined the need for matching/complimentary governance initiatives for long-term gains of operation and enduring peace across the country'; rejoinder issued by the Government the next day saying that implementation of NAP is a shared responsibility.33 14. March 2016 COAS directed concerned commander and intelligence agencies to commence operations against perpetrators of the terrorist attack in Lahore on March 27, 2016; It was not clear if the operation could be directly ordered by the COAS and whether any consultation took place with the Provincial Government of the Punjab or the Federal Government prior to the operation. 15. May 2016 According to a Press Release issued by the ISPR, the handed over a newly constructed border crossing facility at Angoor Adda to the Afghan authorities. Apparently, this had been done without consultation with the Federal Ministry of Interior, with Chaudhry Nisar Ali Khan, MNA writing a letter to the Prime Minister, expressing his reservations over it.

31. For details, please see the PILDAT publication titled Monitor on Civil-Military Relations in Pakistan, May 2015, which can be accessed at: http://www.pildat.org/Publications/publication/CMR/MonitorOnCivil-MilitaryRelationsinPakistan_May012015_May312015.pdf 32. While addressing a convention of party of workers on June 16, 2015, Mr. Asif Ali Zardari made a fiery speech in his characteristically evasive style, which was apparently critical of the Military leadership. The speech could possibly be a response to the increased momentum of the Karachi Operation, which both the PPP and the MQM have stated is exclusively directed against them. Mr. Asif Ali Zardari stated: 'Stop with our character assassination. If we start with yours, then no one knows the number of Generals that may be implicated, since the formation of Pakistan. I do not want to weaken our institutions because we know there are cases pending in court, along with others that might be introduced in which your colleagues are accused. The day we do a Press Conference on the basis of that list, you will be destroyed. We want to stand besides you as you are being weakened… This is our institution. You will stay for only three years, while we will be here forever. Therefore, do not vex us. If you try doing that, then we will destroy you… We do not want to weaken you at this time when on one frontier, you are facing challenges by India, on the other by some proscribed organizations supported by RAW [Research and Analysis Wing], along with the challenges it has posed for you in Balochistan in collusion with the children of a few Baloch sardars. Therefore, beware, beware, beware, and beware!’ 33. The ISPR statement read as follows: “While appreciating progress of ongoing operation and Intelligence Based Operations (IBOs), their achievements and effects, COAS underlined the need for matching/complimentary governance initiatives for long-term gains of operation and enduring peace across the country. Progress of National Action Plan's implementation, finalization of FATA Reforms, and concluding all ongoing JITs at priority were highlighted as issues which could undermine the effects of operations.” Complete statement can be accessed at: https://www.ispr.gov.pk/front/main.asp?o=t-press_release&date=2015/11/10

18 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

16. May 2016 One-on-one meeting held between the Prime Minister and the COAS. Media reports on the meeting suggested that the COAS had asked the Prime Minister to resolve the Panama Papers crisis 'as soon as possible'. 17. October 2016 – The Dawn story of October 06, 2016 titled Exclusive: Act against militants or face May 2017 international isolation, civilians tell military which was denied both by Government and the Military, became a major controversy and cause for an investigation known as “Dawn Leaks.”34 The issue of 'Dawn Leaks' Inquiry hit a new high on April 29, 2017, after a letter of the Prime Minister Office on the Dawn Leaks Inquiry Committee appeared on the social media and communicated the Prime Minister's approval of the withdrawal of the portfolio of the Special Assistant to Prime Minister on Foreign Affairs Syed Tariq Fatemi and proceedings under Efficiency and Discipline Rules 1973 against Rao Tehseen Ali, Principal Information Officer (PIO) of the Ministry of Information. The same day, DG ISPR Maj. Gen. Asif Ghafoor tweeted 'Notification on Dawn Leak is incomplete and not in line with recommendations by the Inquiry Board. Notification is rejected.'35 The Tweet of DG ISPR was finally withdrawn on May 10, 2017 through an ISPR Press Release in which it was clarified that the Tweet was 'not aimed at any government office or person.' The press release also went on to reiterate its 'firm commitment and continued resolve to uphold the Constitution of the Islamic Republic of Pakistan and support the democratic process.' The Interior Ministry issued a notification in the Inquiry Committee Report on the same day in which the noticeable new entry compared to the leaked letter of the Prime Minister Office of April 29, 2017 was the endorsement of the 'action already taken by the Federal Government against Senator Pervaiz Rashid.'36 18. January – The extension of Gen. Raheel Sharif remained a topic of much debate and discussion and November 2016 an important issue for civil-military relations even though in January 2016, a public statement by the ISPR refuted the rumours regarding the extension of the COAS' service. This, however, did not put an end to the matter. Mysterious banners appeared in the major cities of Pakistan (sponsored by a political party called 'Move On Pakistan') calling on the COAS Sharif, in a thinly veiled manner, to impose martial law. After his retirement, many TV anchors said that Gen. (Retd.) Raheel Sharif had personally pressurised Prime Minister Sharif for extension of his service, which the Prime Minister refused. 37 19. December 2016 Gen. Raheel Sharif as CoAS had protected Gen. (Retd.) Pervez Musharraf from his treason trial, claimed Gen. (Retd.) Musharraf. 'Gen. (Retd.) Raheel Sharif had 'a role to play in releasing the pressure behind the scenes … Once he [Gen. (Retd.) Raheel Sharif] got the Government to relieve the pressure that they were exerting, the courts gave their judgment and allowed me to go abroad for treatment'. Earlier, Federal Minister for States and Frontier Regions, Lt. Gen. (Retd.) Abdul Qadir Baloch, MNA, made a statement during a television programme that saving Gen. (Retd.) Pervez Musharraf 'had the signatures' of Gen. (Retd.) Raheel Sharif.38 34. The exclusive Dawn Story of October 06, 2016 titled Exclusive: Act against militants or face international isolation, civilians tell military which was denied both by Government and the Military became a major controversy. The story was said to be based on conversations with Dawn of individuals present in the crucial meetings (that) week. In the leaked meeting, a verbal confrontation between Chief Minister Shahbaz Sharif and then DG ISI Lt. Gen. Rizwan Akhtar was narrated in which Chief Minister claimed that security establishment works behind the scenes to set certain groups free whenever action is taken against them. In the end, Prime Minister Sharif directed Lt. Gen. Akhtar to 'tour the provinces at the direction of the prime minister, issue fresh orders to ISI sector commanders and meet with provincial apex committees to chalk out specific actions that need to be taken in various provinces' and Lt. Gen. Akhtar 'readily agreed.' 35. Tweet also released in the form of a press release that can be accessed at: https://www.ispr.gov.pk/front/main.asp?o=t- press_release&id=3952&cat=army 36. Geo.tv, [website], 2017, https://www.geo.tv/latest/141238-Interior-Ministry-notification-echoes-ISPR-stance-Dawn-leaks-matter -settled (accessed on January 29, 2019) 37. For details, please see: http://www.awaztoday.pk/News-Talk-Shows/163349/Raheel-Sharif-Ne-Extension-Lenay-Ki-Koshish-Ki-Thi- Mohammad-Malick-Reveals.aspx 38. The interview was aired on November 27, 2016 on Geo Television by Mr. Saleem Safi. The complete interview can be see at: https://www.youtube.com/watch?v=dJokqIrueDY 19 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

20. November 2016 General was made the new Chief of Army Staff. The change of command of the Chief of Army Staff witnessed was seen as a modest win for the maturing of system in Pakistan. However, soon after his appointment, a campaign led by Jamiat Ahl- e-Hadith senator Sajid Mir objected to Gen. Bajwa taking over the reins of COAS alleging he is Qadiani by faith, a claim which was refuted. 21. April 2017 The Joint Investigative Tribunal (JIT) announced by the Supreme Court to investigate the Panama Case on April 20, 2017 included one member of the Military Intelligence and one of the Inter-Services Intelligence. The inclusion was not questioned by Mr. Nawaz Sharif or the Federal Government. However, PILDAT believed that the inclusion was unprecedented and inappropriate as neither the two agencies held any expertise in investigating matters of finance and law, nor was it advisable to involve military in a highly politicised issue. The Supreme Court gave the JIT two months to investigate the and then deliver its findings

The Corps Commanders' Conference however supported the inclusion stating that 'Institution through its members in JIT shall play its due role in a legal and transparent manner fulfilling confidence reposed by the Apex Court of Pakistan.'39 22. July 2017 Supreme Court of Pakistan disqualified Mr. Nawaz Sharif for being 'not honest' under Article 62(1)(f) of the Constitution.40 The verdict was seen by a large number of analysts inside and outside Pakistan as being orchestrated by the Army in what appeared to be a Get- Nawaz agenda. While some resorted to whispers and innuendo on media, others, including the international media considered the disqualification to be an outcome of sour civil- military relations and questioned future of democracy in Pakistan. National media offered analyses that said “elected governments in Pakistan have less to fear from the than from their own;” and that “[Pakistan's] security establishment regularly betrays contempt for civilians. There is a view that elected governments are regarded as unwanted pregnancies, to be aborted whenever need be, to save the motherland. The latest still-birth is the ouster of a third-time prime minister Nawaz Sharif.” 41 The criticism of the disqualification was even more scathing in international media which said that “the judicial farce that resulted in Sharif's most recent ouster demonstrates that the courts remain tools for the generals to clip democracy's wings.”42 23. August 2017 Ousted Premier Sharif addressed rallies on GT Road on his way from Islamabad to Lahore saying “for 70 years, no prime minister has been allowed to complete his tenure. This is not an insult of your prime ministers, but of the 200 million people of Pakistan. You vote a prime ministers into power, and some dictator and some judge comes along and rips up your ballot paper and hands it back to you.” 43 24. August 2017 Ahead of the official celebrations where traditionally the President of Pakistan, as head of the State, hoists Pakistan's flag with Premier and service chiefs in attendance - the COAS General Qamar Bajwa hoisted the largest national flag in the history of Pakistan at Wahgah border at midnight between August 13 and 14. The flag hoisted by the COAS was reportedly the largest flag in the history of Pakistan with the size of 120 feet by 80 feet. Hoisted on a 400 feet high pole, the flag is said to be the highest in and the 8th highest flag in the world. 39. Inter-Services Public Relations, [website], 2017, https://www.ispr.gov.pk/front/main.asp?o=t-press_release&cat=army&date=2017/4/24 (accessed on January 29, 2019) 40. Dawn.com, [website], 2017, https://www.dawn.com/news/1348191 (accessed on January 29, 2019) 41. F. S. Aijazuddin, Dawn.com, [website], 2017: https://www.dawn.com/news/1350643/an-unburied-lion (accessed on January 29, 2019) 42. Foreign Policy.com, [website], 2017, http://foreignpolicy.com/2017/08/09/the-only-enemy-pakistans-army-can-beat-is-its-own-democracy/ (accessed on January 29, 2019) 43. Dawn.com, [website], 2017, https://www.dawn.com/news/1350757 (accessed on January 29, 2019)w 20 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

25. September 2017 PML-N leader, former Premier Mr. Nawaz Sharif, and his daughter, , alleged that their workers in NA-120 Lahore election were lifted from homes two days before the polling day. Ms. Nawaz, in her speeches, also mentioned about the anonymous threat calls to PML-N workers in NA-120. She said that her party voters at the polling stations were misguided or stopped from casting votes and the chits in their hand were torn apart if they were found casting vote for 'Lion.' These charges were repeated by Railway Minister Khawaja Saad Rafiq, MNA. The PML-N leaders said that their rival party, PTI was facilitated in the election and voters of this party were offered every cooperation and help at the polling stations for exercising their right to vote. The internal security of the polling stations was jointly given to the Army and the Rangers. The PML-N termed PTI a 'spokesman' of the forces which conspired against Nawaz Sharif. In this way, the contest of this party was indirectly with the same forces which the N leadership believes, had factored ouster of Nawaz Sharif. 26. October 2017 In one of the most blatant face-offs in civil-military relations in recent times, the Federal Interior Minister, in full view of the nation, was denied access by Rangers into the Federal Judicial Complex in Islamabad on the day of hearing of former Prime Minister Mr. Nawaz Sharif's trial. When the Interior Minister asked the soldier on duty at the gate to call the commander present inside, the commander did not show up. Mr. openly and rightly claimed that, legally, the Ministry of Interior is the administrative Ministry of the Rangers. The Interior Minister had reached the Judicial Complex to personally ascertain the situation as several other PML-N leaders and media persons were denied entry, and the civil administration had claimed that the Rangers were not requisitioned by them. The Interior Minister was visibly upset at the treatment and the TV channels showed him saying that “this is not a banana republic…" and that "Two States cannot function within one State.”44 27. October 2017 In what appeared to be an indictment of the sitting Government, the COAS openly criticised Pakistan's economy by saying that: “the economy is showing mixed indicators. Growth has picked up but the debts are sky high. Infrastructure and energy have improved considerably but the current account balance is not in our favour. Our tax to GDP ratio is abysmally low and this needs to change if we are to break the begging bowl.” “…If I were a statesman or an economist, I would say that this is high time for us to place economic growth and sustainability at the highest priority… We have to increase our tax base, bring in fiscal discipline and ensure continuity of economic policies.”45 28. October 2017 DG ISPR Asif Ghafoor in a press conference supported the enlistment of Milli Muslim League by saying that, “Every Pakistani has the right to participate in the polling process.” 46 It must be noted that the Election Commission of Pakistan had rejected the application of Milli Muslim League to be enlisted as a political party. Milli Muslim League (MML) is apparently the political front of Jamaat-ud-Dawa, which is a proscribed organization under the Anti Terrorism Act of Pakistan.

44. Dawn.com, [website], 2017, https://www.dawn.com/news/1361590 (accessed on November 03, 2017) 45. Inter-Services Public Relations, [website], 2017, https://www.ispr.gov.pk/front/main.asp?o=t-press_release&id=4319&cat=army (accessed on November 03, 2017) 46. Pakistan Today, [website], October 5, 2017, https://www.pakistantoday.com.pk/2017/10/05/no-conflict-between-state-institutions-says-army/ (accessed on November 03, 2017)

21 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

29. October 2017 Mr. Khurram Dastgir Khan, MNA, Federal Minister of Defence, as reported by ISPR "called on the Chief of Army Staff" at the GHQ on October 10, 2017, whereas it should have been the other way around. Mr. Khuram Dastgir Khan also called on the newly appointed Chief of the Naval Staff, Zafar Mahmood Abbasi, at the Naval Headquarters in Islamabad on October 23, 2017. 30. November 2017 In a Press Conference held on November 11, 2017, Mr. Mustafa Kamal, Chairman Pak Sarzameen Party (PSP) said that the deal between the PSP and Mr. Farooq Sattar's Muttahida Quami Movement-Pakistan (-P) was brokered by Sindh Rangers. He said that “today I want to tell all of Pakistan that, yes, the establishment called us and made us meet Farooq Sattar. When we reached, Sattar was already there and it was on his request that we were called. This did not happen a few hours ago. Sattar and his team have been calling us with help from the establishment for the past eight months.” 47

Responding to the statement by Mr. Mustafa Kamal, DG Rangers Major General Mohammad Saeed, said that Sindh Rangers Director General Maj Gen Muhammad Saeed said that the military establishment did not support any particular political party in Karachi. “We just don't want a clash between them.” “Since September 2013, we have had an intense interaction with all political parties that were allegedly involved in committing violence in Karachi. However, we have not dictated any organisational policy for the political landscape of the metropolis.” Saeed went on to say that during the meeting [between MQM, PSP and LEAs] a military official might have shared an opinion that an alliance would be in the interest of the city, “but this is not our institutional policy.”48 31. November 2017 Army facilitated the agreement between Government with Tehreek-e-Labbaik Ya Rasool Allah (TLYRA) to end a 19 day long Faizabad dharna that capitulated the State to demands of a mob. Earlier, Chief of Army Staff reportedly declined to involve the troops to end the sit in at the Faizabad interchange. In a meeting with Prime Minister, he opposed the Army's use of force against its own people since the population's trust in the institution of the Army “can't be compromised for little gains.”49 The advice by the Chief of Army Staff, Gen. Qamar Javed Bajwa, to the Prime Minister Shahid Khaqan Abbasi through a telephonic conversation was made public precisely through a tweet by the DG ISPR as the Government carried out an operation on the directives of the Islamabad High Court on November 25. The COAS - “suggested to handle the Islamabad dharna peacefully to avoid violence from both sides as it is not in national interest” said the DG ISPR's tweet.

47. Dawn.com, [website], 2017, https://www.dawn.com/news/1369842 (January 29, 2019) 48. Dawn.com, [website], 2017, https://www.dawn.com/news/1370273 (accessed on January 29, 2019) 49. Dawn.com, [website], 2017: https://www.dawn.com/news/1373200 (accessed on January 29, 2019) 22 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

31. November 2017 The DG Rangers was seen to be distributing cash amongst dharna protesters after it ended that further raised questions on the partisan role of the Army against the writ of the Government. Announcing the end of the dharna in a Press Conference on November 27, 2017, Mr. Khadim Hussain Rizvi, leader of TLYRA, highlighted the role the Chief of Army Staff played to resolve the issue. He said that the COAS sent his special representative Major General Faiz Hameed (Director (Internal), ISI) and we made an agreement with him. Federal Minister Zahid Hamid's resignation is to resolve the issue of Khatm-e- Nabuwwat… We could have made further demands. At this time, General Sahab would have given us anything we would have asked for. The agreement that took place between us, General Sahab himself is also a guarantor in it.50

The disturbing facilitation by the Army can be best summed up using the words of Islamabad High Court Judge, Justice Shaukat Aziz Siddiqui, who termed it “alarming,” that a serving military officer signed [the agreement] as guarantor (In fact, the exact word in the agreement was bawisatat or 'through'), and that the COAS and his team were thanked separately in the agreement for helping reach the agreement. “Prima facie, [the] role assumed by the top leadership of army is besides the Constitution and law of land. Armed forces, being part of the executive, cannot travel beyond its mandate bestowed upon it by the organic law of the country, i.e., the Constitution.” Chastising the Army for their role, the Judge said “Army officers eager to participate in politics should first return their guns to the State, take retirement and then join politics.”

It must be noted that TLYRA is a political party whose candidate bagged 3rd position in the NA-120 election in September 2017, a seat that fell vacant after Mr. Nawaz Sharif's disqualification and that Mrs. Kulsoom Nawaz Sharif won after a fierce contest. 32. December 2017 After a period of six years, the military leadership came to the parliament to brief lawmakers on the security situation. On December 19, COAS Gen Bajwa briefed the Senate Committee of the Whole House on National Security during an in-camera session presided by Chairman Raza Rabbani. According to DG ISPR Asif Ghafoor, Director General of Military Operations (DGMO) Maj Gen Sahir Shamshad Mirza talked about geo-strategic environment from a security lens which was followed by a 'very candid, very free, very frank, very objective' question answer session.

After the session, Senator Nihal Hashmi quoted the COAS as saying he would resign if Army's involvement in Faizabad Dharna was proved. According to the Dawn, he briefed the committee the Army resolved the issue in the national interest. Senator Hashmi further quoted Gen Bajwa, “You [the parliament] will devise all policies including defence, foreign affairs, whereas, we [the army] will abide by [the policies]”.51

50. Press Conference of Mr. Khadim Hussain Rizvi, November 27, 2017, Islamabad Dharna ENDS Announcement, YOUTUBE, November 27, 2017, https://www.youtube.com/watch?v=0cn_RJ1efNE (accessed on December 04, 2017) 51. Nadir Guramani, Dawn.com, [website], 2017, https://www.dawn.com/news/1377559 (accessed December 24, 2018)

23 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

32. December 2017 On December 30, Federal Minister of Defence, Engr. Khurram Dastgir Khan, MNA, made highly significant pronouncements on civil-military relations and the role of Minister of Defence. Talking to Mr. Saleem Safi in his talk show Jirga, Mr. Khan said that there is indeed 'tanao' or tension in civil military relations in Pakistan. He also said that Defence Minister is not the boss or in-charge of Defence Organization, as is the diktat of the Constitution; that 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 Forces. Some of the key excerpts paraphrased below from his interview are:

i. We [PML-N] have learnt that individually good relations between Services Chiefs and PM do not solve issues in civil-military relations. There have to be good inter-institutional relations ii. We have to “search for truth in facts;” that while the Constitution is an ideal and inspiration but facts, on the ground, are different iii. National Security Committee (NSC) is perhaps the best forum for dialogue on civil-military relations and now we [PML-N Government] are using it more regularly iv. PML-N party leader Nawaz Sharif felt that merely winning the next election would be meaningless unless “awam ka haq-i-hakmiat” or the people's right to rule was not established and accepted. PML-N will go to the next General Election with the manifesto of supremacy of people

When asked what is the minor difference of opinion on foreign relations between the civilian Government and the Armed Forces, he said that they are absolutely on the same page as far as relations with the US are concerned but on Afghanistan there are minor issues. He rather profoundly said that “ham bar bar yeh clarity chahtey hain Afwaj-e- Pakistan sey keh jo kuch bhi Afghanistan mein ho raha hai, us ka koi ta'aluq Pakistan sey nahin hona chahiyey.” 33. January – March Fourteen MPAs from the Balochistan Assembly filed a no-confidence motion against Chief 2018 Minister Sanaullah Zehri that resulted in change in Government in Balochistan. This was followed by the election of Mr. Abdul Quddus Bizenjo, MPA, belonging to Muslim League-Quaid, as new Chief Minister of the province after Mr. Sanaullah Zehri resigned from the office. Bizenjo secured 41 votes out of total 54 polled in the election. This was seen as an orchestrated power manoeuvre by the establishment a few weeks ahead of the Senate election to deny Mr. Nawaz Sharif and his party any opportunity to get a majority in the Senate of Pakistan.

The move was criticized by Mr. Nawaz Sharif who termed the in-house change in the Balochistan government “a practical joke perpetrated on the people of province.” He said that Mr. Sanaullah Zehri was ousted and replaced with someone who secured just over 500 votes in the 2013 General Election. He had also claimed that the in-house change was orchestrated because certain quarters wanted to delay the Senate elections.

Later, the PML-N won 15 seats in Senate election after having suffered a major setback in Balochistan. The Senate election was also seen as an ambush and an ominous signal ahead of the 2018 General Election. Dawn commented in its editorial that “from a political non- entity installed as the Balochistan chief minister to a political non-entity installed as the Senate chairman, the manipulation of the democratic process has been brazen.”

24 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

34. February 2018 On February 15, 2018, the Inter-Services Public Relations announced that Pakistan Army contingent is being sent to Kingdom of (KSA) on training and advise mission and that these or troops already there will not be employed outside KSA, adding that the Pakistan Army maintains bilateral security cooperation with many other GCC/regional countries.52

Saudi Arabia has been involved in an active conflict with the Houthi rebels in Yemen since 2015 when it first requested Pakistan's support. However, Pakistan opted to remain neutral in the conflict through a unanimous resolution of the Parliament.53 The refusal to send troops had resulted in diplomatic stresses in Pakistan's relationship with KSA and UAE. It is unclear whether the decision of sending additional troops to KSA has been discussed in the National Security Committee. 35. February 2018 While addressing a Seminar on 'The Future of Democracy in Pakistan' in Karachi on February 02, 2018, former Prime Minister, Mr. Muhammad Nawaz Sharif criticized the Judiciary to be supportive of the Military Rules. He said that “…whenever democracy has come under attack, some sections of the judiciary — instead of standing with the people, the Constitution and democratic rule — have supported dictators.” He also said that the Judiciary has “favoured the doctrine of necessity, and certain sections of the judiciary have used such theories to give legitimacy to martial laws.”54

Later, on February 19, 2018, Prime Minister of Pakistan, Mr. Shahid Khaqan Abbasi, speaking in the National Assembly called for a final debate in the Parliament on who has the final say in legislation. Political leaders from the opposition welcomed the Prime Minister's proposal for debate. Mr. Mahmood Khan Achakzai, head of Pakhtunkhwa Milli Awami Party (PkMAP) alleged interference by the Armed Forces, and Inter-Services Intelligence (ISI) in the Senate elections, as well as playing a major role in change of government in Balochistan. He said, “I appeal to the Chief Justice of Pakistan and the Army Chief. If you are loyal to the oath you have taken, then stop interfering into politics.” 55 36. March 2018 “Bajwa Doctrine” became the cause of much consternation and conjecture in the media after Chief of Army Staff met and interacted with a number of journalists in the context of “current environment” in an off-the-record setting.

While the “Bajwa Doctrine” as it was referred to by a number of journalists, included a vast variety of subjects, perhaps the most objectionable ideas attributed to it have been that of COAS Bajwa allegedly fashioning the following notions:

I. “Guided democracy” based on three tenets: a democratic government, chosen by free and fair election, a governance set up where the elected have little or no impact, and protection of democracy, but not at the cost of national institutions.56

52. Inter-Services Public Relations, [website], 2018, https://www.ispr.gov.pk/front/main.asp?o=t-ress_release&id=4565&cat=army#pr_link4566 (accessed on March 02, 2018) 53. The Nation, [website], 2015, https://tribune.com.pk/story/867500/resolution-expected-on-yemen-crisis-as-joint-session-of-parliament- resumes/ (accessed on March 02, 2018,) 54. Dawn.com, [website], 2018, https://www.dawn.com/news/1386844 (accessed on March 02, 2018) 55. Dawn.com, [website], 2018, https://www.dawn.com/news/1390490 (accessed on March 02, 2018) 56. The News, [website], 2018, https://www.thenews.com.pk/print/293709-the-bajwa-doctrine (accessed on April 05, 2018) 25 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

36. March 2018 ii. Criticism of devolution under the 18th amendment to the Constitution. COAS is reportedly attributed to have said that 'it is being seen to have caused an imbalance between the federation and the provinces. The provinces do not have the capacity to shoulder all the responsibilities that the amendment has transferred to the federating units. It is being seen as more dangerous than Sheikh Mujibur Rehman's six points because following its passage the federation has turned into confederation.'57 It must be noted that while DG ISPR in his press conference said that Bajwa Doctrine does not include devolution, he commented that “there is nothing better than every province being responsible for its own matters, but they should also be capable of making those decisions.”

Though the DG ISPR in a later press conference clarified that conversations during the off- the-record meeting were lumped together as part of the Bajwa doctrine wrongly, and should be only seen from the lens of security, he did not deny that the reported conversations were not held during the interaction 37. April-May 2018 On April 12, COAS said that “engineered protests” would not be allowed to reverse the gains of counterterrorism operations and cautioned the nation against forgetting sacrifices of “real heroes.”58 While Gen. Bajwa did not name Pashtun Tahaffuz Movement (PTM),59 media termed it as abundantly clear that his remarks included references to PTM's demands for clearance of mines and removal of check-posts.

The statement by COAS came in the backdrop of earlier accepting many of the legitimate demands of PTM such as abolition of Watan Cards, and the PTM Jalsas claimed the return of many missing persons to their homes as a result of their protest in Jalsas. A few days later, Corps Commander Peshawar, Lt. Gen. Nazir Ahmad termed 'some' demands of PTM as “genuine” adding that Manzoor, having studied from Army Public School is 'our [military] son' and is welcomed to come and discuss his issues with 'us' [Pakistan Army].60

On May 19, just days with only days left until the end of the term of the 14th National Assembly, the National Security Committee held a marathon meeting endorsing the merger of FATA with KP following which the 31st Amendment to the Constitution was tabled in the Parliament, which after the passage in Parliament, received Presidential assent on May 31, 2018, the final day of the term of the outgoing government.

57. M. Ziauddin, Daily Times, [website], 2018, https://dailytimes.com.pk/217943/analysing-the-bajwa-doctrine/ (accessed on January 29, 2019) 58. Dawn.com, [website], 2018, https://www.dawn.com/news/1401345 (accessed on January 29, 2019) 59. On January 26, 2018, the then Mehsud Tahaffuz Movement organized a protest against the extra judicial murder of Naqeeb Mehsud at the hands of SSP Rao Anwar, which passed through different cities of Khyber Pakhtunkhwa and eventually reached Islamabad. The protestors demanded a judicial inquiry of the murder. It soon dispersed after a peaceful sit-in of 10 days when the Government assured the protestors of apprehension of Rao Anwar. The protest, however, gained popularity among Pashtuns and it was soon renamed to Pashtun Tahaffuz Movement (PTM). The PTM put forward a list of demands, which included presenting missing persons in court and immediate removal of landmines from war torn FATA. 60. Pakistan Army ready to negotiate with Manzoor Pashteen; Corps. Commander calls him “our son”- Global Vollage Space, April 25, 2018: https://www.globalvillagespace.com/pakistan-army-ready-to-negotiate-with-manzoor-pashteen-corps-commander-calls-him-our-son/

26 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 1: Timeline on Major Irritants in Civil-Military Relations: 2013-2018 (In chronological order beginning with developments from June 2013 to May 2018) No. Date Development

37. May 2018 On May 12, 2018, Dawn published an interview with ousted Prime Minister Nawaz Sharif titled ''For Nawaz, its not over till its over, in which he was quoted as saying that “You can't run a country if you have two or three parallel governments. This has to stop. There can only be one government: the constitutional one.” He further said that “Militant Organisations are active… Should we allow them to cross border and kill 150 people in Mumbai?.. It is absolutely unacceptable; … Why can't we complete the trial,” referring to the Mumbai attacks-related trials which have stalled in a Rawalpindi anti-terrorism court. “It's absolutely unacceptable. This is exactly what we are struggling for. President Putin has said it. President Xi has said it,” Mr. Sharif said.

Analysts questioned whether by saying this, Mr. Nawaz Sharif finally crossed the proverbial Rubicon?

Even though it was largely understood to be the key reason behind his maneuvered ouster from power, Mr. Sharif's interview provided the first public acknowledgement by him of the real reason behind his falling out with the country's establishment. As public statements go, Mr. Sharif was understood to have crossed a point of no return in providing what he termed as the key reason of establishment's animosity towards him, at the heart of which is the crucial difference of opinion on policy of dealing with non-State actors. While the 20- point National Action Plan is understood to have put on firm track the State perspective of zero tolerance to all terrorism, Mr. Nawaz Sharif's narrative pointed to persistent lack of unanimity on the issue between elected government and the establishment.

Disqualification of Mr. Nawaz Sharif On July 28, 2017, the Supreme Court disqualified Mr. Experts were also asked whether Mr. Nawaz Sharif as Nawaz Sharif from holding public office in a decision the elected Premier is the anathema for the military or on the Panama case. To many experts, the military's there is a general distrust. While civilian experts perceived hidden hand orchestrated the believed that independent stance of no elected Premier disqualification. on foreign and internal security policies is favourably suited to the military which has its own perspective on That military wanted Mr. Nawaz Sharif out at any cost national security issues, experts belonging to the is a stance that has been corroborated by many in the military seemed to concur with the perspective in a civilian and military circles. That Mr. Sharif was different manner by saying that the weaknesses and disqualified for “having failed to disclose his un- inability of the civilian elected politicians to understand withdrawn receivables” and “having furnished a false and develop cogent policy options for Pakistan remains declaration under solemn affirmation” 61 in a case that the major irritant and distrust of the military in was based on Panama papers is termed by many to be an politicians. indication of claims in international media that Pakistan's Supreme Court is 'collaborating with the Some experts believe that Mr. Nawaz Sharif's Pakistan Army against civilian rulers.' 62 Government has been weakened since the beginning of the current term in June 2013 by the Military. The first Following the NAB references against Mr. Sharif and of such efforts was the PTI and PAT dharna in 2014 his family, legal experts quoted NAB officials saying following the initiation of trial against Gen. (Retd.) that while apparently NAB has to work under the SC's Musharraf. Everyone in Government believed that appointed Supervisory Judge, NAB is really answering martial law was in the offing and ministers had even to the Military (ISI & MI) in these proceedings.63 packed their offices. It was so humiliating that a Prime

61. Dawn.com, [website], 2017: https://www.dawn.com/news/1348209 (accessed December 27, 2018) 62. Muhammad Taqi, The Wire.in, [website], 2017, https://thewire.in/163101/nawaz-sharif-pakistan-military/ (accessed August 01, 2017) 63 Interviews conducted for the Study

27 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Minister elected by the people of this country was shades of terrorism prevalent in Pakistan. Therefore, orchestrated to be put under a siege in the very Prime singling out religious terrorism is not only principally Ministers House. The whole world watched this wrong, but might also create a dangerous precedent of embarrassing saga while Pakistan could not host the accepting and rejecting certain kinds of terrorism, a Chinese President due to visit in September 2014 where failed policy which the State has been previously CPEC agreements would have been signed, said following in the garb of the 'Good/Bad Taliban' experts. distinction.

What could have driven such a wedge between the At the heart of the establishment of the Military Courts Army and Mr. Sharif? Both civilian and military was the argument that the country's civilian judiciary experts opined that treason trial of Gen. (Retd.) Pervez has persistently released high profile terrorists, due to Musharraf, refusal to grant extension to Gen. Raheel an environment of threat and insecurity that has been Sharif and differences in perspective, perhaps best created by targeting the members of the judiciary and categorised under the “Dawn Leaks,” 64 appear to be the their families. Although persistent criticism of the main drivers of the wedge. The extension of Gen. Judiciary has been made, it is important to note that the Raheel Sharif as COAS was reportedly quite a big issue dismal conviction rate, especially in terrorism related as he, again reportedly, asked Prime Minister Sharif to cases, cannot be improved until the prosecution, give him 3 more years and the Army will eliminate investigation and operations branches of the police are terrorism. However, as the reported stories go, Premier reformed and strengthened as well. It is, therefore, Sharif declined the proposal. relevant to ask whether the Government envisaged replacing the civilian investigators, prosecutors, and Till May 2018, former Prime Minister Nawaz Sharif, the police deputed to apprehend the terrorists and their made multiple appearances in NAB cases against him supporters with Military personnel as well? and his family including the Avenfield reference, Al Azizia Steel Mills case and Flagship Investment Co The 21st Constitutional Amendment had a sunset filed by NAB under the directives of the Supreme Court clause of two years, and was renewed for another 2- in the July 28, 2017 Panama Case verdict. The former year term in January 2017. However, the PML-N Prime Minister has held his staunch stance on civilian Government failed to provide a Governmental supremacy as the reason for NAB cases against him. evaluation of how it envisaged improving the civilian justice system in the meanwhile. Till the end of the 5- 21st Constitutional Amendment and the Formation year tenure of the PML-N Government, no of Military Courts recommendations were floated in this regard and no The formation of Military Courts, enabled by the tangible action plan appeared to have been adopted by Parliament passing the 21st Constitutional the government to revamp the investigation, Amendment, 2015 (with a sunset clause of two years) prosecution and general quality of policing in the and the Pakistan Army (Amendment) Act, 2015 on country so that the country could dispense with military January 06, 2015, after the Peshawar Tragedy, signified courts. yet another institutional imbalance for Pakistan's civil military relations at the cost of the nation's civilian Concerns had also been raised regarding the lack of justice system. transparency and closed-door proceedings of the Military Courts, especially after the promulgation of Almost all the political parties, except for the ruling the Pakistan Army (Amendment) Ordinance, 2015 PML-N, expressed their reservations on the 21st signed by the President into law on February 25, 2015. Constitutional Amendment, with the JUI-F and the JI It was perhaps because of this reason that a full member abstaining from voting (along with the PTI) based on bench of the Supreme Court ordered a stay on April 16, the contention that the 21st Constitutional Amendment 2015 on the first batch of executions ordered by the linked terrorism to religion. This disagreement was Military Courts. According to International worthy of consideration given that there are so many Commission of Jurists, “Military courts constituted 64. The exclusive Dawn Story of October 06, 2016 titled Exclusive: Act against militants or face international isolation, civilians tell military, which was denied both by Government and the Military, became a major controversy between the civil government and the military during the premiership of NS. The story was said to be based on conversations with Dawn of individuals present in the crucial meetings (that) week. In the leaked meeting, a verbal confrontation between Chief Minister Shahbaz Sharif and then DG ISI Lt. Gen. Rizwan Akhtar was narrated in which Chief Minister claimed that security establishment works behind the scenes to set certain groups free whenever action is taken against them. In the end, Prime Minister Sharif directed Lt. Gen. Akhtar to 'tour the provinces at the direction of the prime minister, issue fresh orders to ISI sector commanders and meet with provincial apex committees to chalk out specific actions that need to be taken in various provinces' and Lt. Gen. Akhtar 'readily agreed.'

28 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

under the 21st Amendment convicted 274 people in the Add to this the monumental issue of human suffering two years during which they were in operation, from 7 understood as 'enforced disappearances.' A somewhat January 2015 to 6 January 2017. Of those 274 vital simplification of the issues, with the added convictions, 161 people were sentenced to death and baggage of successive absolute neglect of FATA into 113 people were given prison sentences. At least 21 the mainstream of the country, its development (or lack people given death sentences have been executed by thereof), more or less, explains the legitimate reasons hanging.” 65 behind the phenomenon of PTM.

Even though extraordinary situations call for While accepting many of these legitimate demands extraordinary measures, the establishment of Special such as abolition of Watan Cards, and as the PTM Courts, in principle, has been a negative development rallies claimed, the return of many missing persons to for Pakistan's nascent democracy that blurs the lines their homes as a result of their protest, COAS Bajwa between the judiciary and the executive under the went on record to say that “engineered protests” would trichotomy of powers enshrined in the Constitution. not be allowed to reverse the gains of counter terrorism Furthermore, Special Courts headed by military operations and cautioned the nation against forgetting officers cannot possibly achieve their objectives until sacrifices of “real heroes.”66 A few days later, Corps the investigation, prosecution and the operation Commander Peshawar, Lt. Gen. Nazir Ahmad termed branches are not reformed and protected from terrorists 'some' demands of PTM as “genuine” adding that threats. Military Courts serve as the establishment of a Manzoor, having studied from Army Public School is parallel system of justice. This negates the credibility 'our [military] son' and is welcomed to come and and effectiveness of the existing civilian judicial discuss his issues with 'us' [Pakistan Army].67 system. The PTM resonated with thousands of Pashtuns across Emergence of the Pashtun Tahaffuz Movement the diaspora and its rallies have since seen attendance in The Pashtun Tahaffuz Movement (PTM) rose to thousands across Pakistan including Peshawar, Swat, prominence in January 2018 after they staged a protest Swabi, Lahore and Karachi. Mr. Manzoor Pashteen has against the extra-judicial murder of Mr. Naqeeb minced no words when it comes to criticizing the Mehsud at the hands of SSP Malir Rao Anwar. The military and the Taliban. Speaking to a crowd of sixty movement existed by the name of Mehsud Tahaffuz thousand in Peshawar, he said, “We are only against the movement since 2014 but had not garnered attention oppressors…After Ehsanullah, we will bring before the Islamabad sit-in in January 2018. The Musharraf to the courts”68 movement's young leader, Mr. Manzoor Pashteen, has since been very vocal against extra judicial killings, The PTM, however, was soon termed as a movement missing persons and the removal of land mines from used by 'foreign elements' against Pakistan.69 The FATA. movement also prompted a rival movement by the name of “Pakistan Zindabad Movement”, which held Those residents of FATA who were made to leave their rallies against the PTM, painting them enemies of the homes to support Pakistan's fight against terrorism, security forces and the state of Pakistan.70 Mr. Ali when allowed to return, were questioned and allegedly Wazir, a prominent leader of the movement, accused humiliated at several gates put up, admittedly out of the State of using taxpayers' money to run a propaganda necessity, by the military to screen people into the area campaign against the PTM, “Both the leaders and recently made clear of terrorists. When they returned to protesters of this movement are paid. All kinds of their post-war ravaged areas, were not provided with comical characters are having a field day at the sufficient funds to establish their lives and livelihoods. taxpayers' expense”.71

65. ICJ.org, [website],,https://www.icj.org/pakistan-icj-denounces-the-revival-of-military-trials-of-civilians/ (accessed November 8, 2018) 66. Dawn.com, [website], 2018, https://www.dawn.com/news/1401345 (accessed October 26, 2018) 67. Global Village Space, [website], 2018, https://www.globalvillagespace.com/pakistan-army-ready-to-negotiate-with-manzoor-pashteen-corps- commander-calls-him-our-son/ (accessed October 26, 2018) 68. Dawn.com, [website], 2018, https://www.dawn.com/news/1400349 (accessed October 26, 2018) 69. Express Tribune.com, [website], 2018, https://tribune.com.pk/story/1727565/1-army-shouldnt-dragged-politics-elections-dg-ispr/ (accessed October 26, 2018) 70. Express Tribune.com, [website], 2018, https://tribune.com.pk/story/1675908/1-tide-turned-protest-rallies-held-ptm/ (accessed October 29, 2018) 71. Ali Wazir, The Diplomat.com, [website], 2018, https://thediplomat.com/2018/04/what-does-the-pashtun-tahafuz-movement-want/ (accessed October 29, 2018

29 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Dawn commented in its editorial that, “from a political One of the key demands of the PTM was accepted on non-entity installed as the Balochistan chief minister to May 19, just days left until the end of the expiry of the a political non-entity installed as the Senate chairman, term of the National Assembly, the National Security the manipulation of the democratic process has been Committee held a marathon meeting endorsing the brazen.”73 merger of FATA with KP following which the 31st Amendment to the Constitution was tabled in the During the Senate Chairman Election in March 2018, Parliament, which after the passage in Parliament, the candidate of the joint Opposition, PTI and PPP, received Presidential assent on May 31, 2018, the final Senator Muhammad Sadiq Sanjrani, won against day of the term of the outgoing government. Senator Raja Zafarul Haq, the PML-N candidate which had a clear majority in the House. While military leadership has continued to state that the PTM and its agenda has been hijacked by enemy Bajwa Doctrine agencies, successive elected civilian governments have In March 2018, “Bajwa Doctrine” had already become maintained radio silence on the issue, playing little, if the cause of much consternation and conjecture in the any, role in addressing issues faced by FATA and media since the middle of March. DG ISPR confirmed espoused by the PTM. While no less than the Chief of that the Chief of Army Staff had indeed met and Army Staff described the PTM and its cause as an interacted with a number of journalists in the context of 'engineered protest' – and he may be right somewhat in “current environment” in an off-the-record setting and expressing – as is always the case, of the foreign while most of them respected the norms of [off-the- hijacking of a legitimate issue – the elected political record] media interaction, some journalists, including government, despite having passed the FATA Reforms even those who were not actually part of the interaction, in the Federal Cabinet a year ago in 2017, failed to he said, chose to lump together the “entire interaction implement the suggested reforms due to petty political and made it part of the Bajwa Doctrine.” differences of the allied parties. While the “Bajwa Doctrine” as it was referred to by a Allegations of Election Meddling number of journalists, included a vast variety of In January 2018, fourteen MPAs from the Balochistan subjects, perhaps the most objectionable ideas Assembly filed a no-confidence motion against Chief attributed to it have been that of COAS Bajwa allegedly Minister Mr. Sanaullah Zehri that resulted in change in fashioning the following notions: Government in Balochistan.72 This was followed by the election of Mr. Abdul Quddus Bizenjo, MPA, 1. “Guided democracy” based on three tenets: a belonging to Muslim League-Quaid, as new Chief democratic government, chosen by free and Minister of the province after Mr. Sanaullah Zehri fair election, a governance set up where the resigned from the office. Mr. Bizenjo secured 41 votes elected have little or no impact, and protection out of total 54 polled in the election. This was seen as an of democracy, but not at the cost of national orchestrated power manoeuvre by the military institutions. establishment a few weeks ahead of the Senate election 2. Criticism of devolution under the 18th to deny Mr. Nawaz Sharif and his PML-N any an amendment to the Constitution. COAS is opportunity to get a majority in the Senate of Pakistan. reportedly attributed to have said that 'it is being seen to have caused an imbalance The move was criticized by Mr. Nawaz Sharif who between the federation and the provinces. The termed the in-house change in the Balochistan provinces do not have the capacity to shoulder government “a practical joke perpetrated on the people all the responsibilities that the amendment has of province.” He said that Mr. Sanaullah Zehri was transferred to the federating units. It is being ousted and replaced with someone who secured just seen as more dangerous than Sheikh Mujibur over 500 votes in the 2013 General Election. Rehman's six points because following its passage the federation has turned into Later, the PML-N won 15 seats in Senate election after confederation.' It must be noted that while DG having suffered a major setback in Balochistan. The ISPR in his press conference said that Bajwa Senate election was also seen as an ambush and an Doctrine does not include devolution, he ominous signal ahead of the 2018 General Election. commented that “there is nothing better than

72. Dawn.com, [website], 2018, https://www.dawn.com/news/1380561 (accessed November 8, 2018) 73. Dawn.com, [website], 2018, https://www.dawn.com/news/1399265 (accessed November 8, 2018)

30 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

every province being responsible for its own matters, but they should also be capable of Expanding Profile of the Successive Army Chiefs making those decisions.” During 2013-2018, both Chiefs of Army Staff, General Raheel Sharif and General Qamar Bajwa have continued to have expanding national and international Media Censorship profiles. In April 2018, Geo News was forced off-air and blocked by cable operators across the country but PTA Successive Army Chiefs have regularly received said it was not behind the move. The matter went to foreign dignitaries at the GHQ. including civilian Supreme Court and the court ordered to restore the dignitaries, heads of state and ambassadors. Only the channel however to no avail. The blocking of Geo ISPR reports on topics discussed in these meetings. News was seen to be a move by the military to strong From January 2017-May 2018 alone, COAS Gen arm the channel to submission for criticizing the Bajwa received 58 Foreign Dignitaries and made 13 military.74 According to a Reuters article, the channel international trips. Table 2 and Table 3 provide an returned to the airwaves after making a deal with the overview of these interactions. military.75 The end of PTI's boycott of Geo News and Jang Group closely followed it. During the COAS' briefing to the Senate Committee of Whole House on December 19, 2017, the Senate Pakistan ranks at 139 out of 180 countries. Although the Committee was told trips to certain countries were an fatality of the profession has reduced over time, important aspect of military diplomacy and that the journalists are often attacked by extremist groups, Army was paying close attention to the geostrategic Islamist Organistions, and intelligence agencies. situation in the country. The committee was told the Harassment of journalists, physical violence against visits had improved Pakistan's ties with the respective them, by political actors, party activists and countries.78 government officials is also 18 common.76 According to the Freedom of Press Report 2017 by Freedom House, Pakistani media is “Not Free,” a categorization based on the legal, political and economic environment in the country. The report notes that, “the country's powerful military pressured media outlets and journalists to disseminate positive coverage of its operations against militant Islamist groups (in 2016).” Both reports mention the passage of Prevention of Electronic Crimes Bill into law in September 2016 as a huge setback to Press Freedom. Under the law, criticism of Judiciary, the Military and Islam can lead to imprisonment. Freedom House notes that the vague language of the Act gives broad powers to the authorities to censor and prosecute online content, with up to three years of imprisonment, in the name of national security.77 The result is an atmosphere of censorship. The media landscape is filled with land mines and sacred cows, where entire television channels are shy of covering criticism of the Pakistan Army, the Judiciary, or Islamist groups.

74. The New York Times.com, [website], 2018, https://www.nytimes.com/2018/04/06/world/asia/pakistan-geo-military-censorship.html (accessed November 8, 2018) 75. Reuters.com, [website], 2018, https://www.reuters.com/article/us-pakistan-media-exclusive/exclusive-pakistan-tv-channel-returning-to-air- after-negotiations-with-military-sources-idUSKBN1HP2WV (accessed November 8, 2018) 76. Reporters Without Borders.com, [website], https://rsf.org/en/pakistan (accessed November 8, 2018) 77. Freedom House.com, [website], 2017, https://freedomhouse.org/report/freedom-press/2017/pakistan (accessed November 8, 2018) 78. Nadir Guramani, Dawn.com, [website], 2017, https://www.dawn.com/news/1377559 (accessed December 24, 2018)

31 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 2: Call-ons & Interactions of COAS Bajwa with Visiting Foreign Dignitaries and Ambassadors in Pakistan during 2017-18 No. Date Call Ons/Interactions

1 May 27, 2018 A multi agency Afghan delegation, led by Mr Mohammad Hanif Atmar, National Security Adviser of Afghanistan met the COAS. 2 May 17, 2018 General Zhang Youxia, Vice Chairman of Chinese Central Military Commission (CMC) called on the COAS at the GHQ. 3 May 16, 2018 Gen Rajendra Chhetri, Chief of Army Staff of the Nepalese Army called on the COAS at the GHQ. 4 May 3, 2018 General Hulusi Akar, Turkish Chief of General Staff (CGS) also called on the COAS. 5 May 3, 2018 Mr. Hamad Obaid Ibrahim Al Zaabi, UAE Ambassador to Pakistan called on the COAS at the GHQ. 6 April 2, 2018 South and Central Asia Acting Assistant Secretary of the United States, Ambassador Alice G. Wells, called on the COAS at GHQ. 7 March 15, 2018 Mr. Yao Jing, Chinese Ambassador to Pakistan, visited the COAS at the GHQ

8 March 13, 2018 Foreign Minister of Iran, Mr. Javad Zarif called on the COAS at the GHQ. 9 March 12, 2018 Imam-e-Kaaba, His Excellency, Dr. Saleh Bin Mohammad Ali Talib, met the COAS at the GHQ 10 March 08, 2018 Ms. Margaret Ann Adamson, Australian High Commissioner to Pakistan, visited the COAS at the GHQ. 11 February 15, 2018 Saudi Ambassador called on the COAS at the GHQ. 12 February 12, 2018 Turkish Ambassador, Mr. Ishan Mustafa Yurdakul called on the COAS. 13 February 12, 2018 Iranian Ambassador, Mr. Mehdi Hunardoost, called on the COAS at GHQ. 14 January 9, 2018 Mr. Martin Kobler, German Ambassador, called on the COAS at GHQ. 15 January 3, 2018 Japanese Foreign Minister Mr. Taro Kono called on the COAS at GHQ. 16 December 12, 2017 Mr. Walid A.M. Abu Ali, Ambassador of the State of Palestine, called on the COAS, at the GHQ. 17 December 12, 2017 Mr. Mohammad Bin Abdullah Al-Aeysh, Deputy Defence Minister Kingdom of Saudi Arabia, called on the COAS. 18 December 11, 2017 U.S. Ambassador to Pakistan, Mr. David Hale, called on the COAS at the GHQ to discuss matters of mutual interest and regional security. 19 December 06, 2017 General Muhammad Jawad Khadum Al-Abadi, General Secretary Iraqi Ministry of Defence, paid a visit to the COAS at the GHQ. 20 November 24, 2017 Turkish Ambassador to Pakistan met the COAS at the GHQ to bid farewell to the COAS at the end of his tenure in Pakistan. 21 November 21, 2017 Assistant Foreign Minister and Special Envoy on Korean Peninsula Affairs of China and newly appointed Chinese Ambassador to Pakistan, called on the COAS at the GHQ.

32 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 2: Call-ons & Interactions of COAS Bajwa with Visiting Foreign Dignitaries and Ambassadors in Pakistan during 2017-18 No. Date Call Ons/Interactions

22 November 17, 2017 Special Envoy on Afghan Affairs, Ministry of Foreign Affairs of People's Republic of China met with the COAS. 23 November 09, 2017 US Ambassador to Pakistan met with the COAS, at the GHQ.

24 October 13, 2017 Ambassador of Kingdom of Saudi Arabia called on the COAS at the GHQ.

25 October 12, 2017 A U.S. delegation comprising Deputy Assistant to the President and National Security Council Senior Director for South Asia, Acting Assistant Secretary of State and US Ambassador to Pakistan called on COAS at the GHQ. 26 September 26, 2017 Ambassador of China to Pakistan met the COAS at the GHQ.

27 September 22, 2017 British High Commissioner to Pakistan called on the COAS at the GHQ.

28 September 21, 2017 German Ambassador to Pakistan called on the COAS at the GHQ.

29 September 20, 2017 Afghan Ambassador to Pakistan called on the COAS at the GHQ.

30 September 18, 2017 Turkish Ambassador to Pakistan called on the COAS

31 August 25, 2017 Afghan Media Delegation met with the COAS.

32 August 23, 2017 US Ambassador to Pakistan called on the COAS

33 August 09, 2017 Saudi Deputy Defence Minister, while on a visit to Pakistan, called on the COAS.

34 August 02, 2017 Afghan Ambassador to Pakistan called on the COAS.

35 July 13, 2017 Canadian High Commissioner to Pakistan called on the COAS at the GHQ.

36 July 12, 2017 Ambassador of France to Pakistan called on COAS at GHQ.

37 July 02, 2017 Delegation of US Senate (Armed Services Committee) called on the COAS at the GHQ. The delegation was taken to South Waziristan, and briefed about the security situation. 38 June 25, 2017 Chinese Foreign Minister and his delegation called on COAS.

39 June 12, 2017 British High Commissioner to Pakistan called on the COAS at the GHQ.

40 June 06, 2017 Russian Ambassador to Pakistan met the COAS.

41 June 05, 2017 Ambassador of Japan called on COAS.

42 May 22, 2017 US Ambassador to Pakistan called on the COAS at the GHQ.

33 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 2: Call-ons & Interactions of COAS Bajwa with Visiting Foreign Dignitaries and Ambassadors in Pakistan during 2017-18 No. Date Call Ons/Interactions

43 May 04, 2017 German Special Representative for Pakistan-Afghanistan met the COAS.

44 May 03, 2017 Iran's Foreign Minister met with the COAS at the GHQ.

45 April 19, 2017 Ambassador of Iran to Pakistan called on the COAS.

46 April 14, 2017 Afghanistan's Ambassador to Pakistan met the COAS at the GHQ.

47 April 11, 2017 US Ambassador to Pakistan called on the COAS.

48 March 27, 2017 Minister of Defence and Military Veterans Affairs South Africa called on the COAS at the GHQ. 49 March 06, 2017 Ambassador of Germany to Pakistan called on the CJCSC at GHQ.

50 March 04, 2017 Ambassador of Iran to Pakistan called on COAS.

51 February 28, 2017 Russian Ambassador to Pakistan called on the COAS.

52 February 09, 2017 US Secretary of Defence had a twenty minutes telephone conversation with the COAS. 53 January 27, 2017 German Ambassador to Pakistan met the COAS at the GHQ.

54 January 20, 2017 Ambassador of Kingdom of Saudi Arabia called on the COAS at the GHQ.

55 January 18, 2017 Ambassador of United Arab Emirates (UAE) met the COAS.

55 January 15, 2017 COAS made a telephone call to Afghan President to condole the loss of life in terror attacks in Afghanistan. 56 January 13, 2017 Chinese Ambassador to Pakistan called on the COAS at the GHQ.

57 January 06, 2017 British High Commissioner to Pakistan called on the COAS at the GHQ.

Table 3: Regional & International Visits and Interactions of COAS Bajwa in 2017-18

No. Month Visit Details

1 May 2018 Visit to UAE COAS met Crown Prince of Abu Dhabi Sheikh Mohammad Zayed Al Nahyan. 2 April 2018 Visit to UAE COAS met President of Uzbekistan, Mr. Shavkat Mirziyoyev and Foreign Minister and Secretary of National Security Council of Uzbekistan. 3 March 2018 Visit to Brunei COAS met with the Sultan of Brunei, Haji Hassanal Bolkiah Muizzaddin Waddaulah

34 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 3: Regional & International Visits and Interactions of COAS Bajwa in 2017-18

No. Month Visit Details

4 February 2018 Visit to Kingdom of COAS met Crown Prince Mohammad Bin Salman, Vice Saudi Arabia President of the Council of Ministers and Saudi Commander of Ground Forces Prince Fahad bin Turki bin AbdulAziz. 5 November 2017 Visit to Iran COAS met with Iranian President, Foreign Minister, Chief of General Staff (CGS), Defence Minister. 6 October 2017 Visit to Afghanistan COAS met the Afghan President one-on-one, and held delegation level talks with the Afghan Government representatives. 7 October 2017 Visit to Middle East COAS met the ruler of Dubai and Prime Minister of the (Kingdom of Saudi UAE. Later, he flew to KSA, where he met Saudi Crown Arabia and UAE) Prince. 8 September 2017 Visit to Australia COAS met the Australian Army Chief, Australian Foreign Minister, and Defence Minister as well as Australian Senate's Committee for Foreign and Defence Affairs, Australian Chief of Defence Staff and visited the Australian Strategic Policy Institute and the Office of National Assessment. 9 June 2017 Visit to Turkey COAS received briefings on regional security at the Turkish Land Forces Headquarters, and met Chief of Turkish General Staff. Later, he met Turkish President, Turkish Defence Minister and Turkish Prime Minister. 10 April 2017 Visit to UK COAS visited the UK Ministry of Defence, where he met UK Chief of Defence Staff (CDS), Special Representative on Afghanistan and Pakistan and also US Resolute Support Mission (RSM) Commander. He addressed UK think tank International Institute for Strategic Studies, as well as Royal United Services Institute (RUSI). 11 March 2017 Visit to Qatar The COAS called on the Qatari Minister of Defence Affairs and Chief of Staff of Qatar Armed Forces. He also met Prime Minister of Qatar, Commander Qatar Emiri Land Forces, and Commander Qatar Emiri Guard. He also met Emir of Qatar. 12 March 2017 Visit to China COAS met Executive Vice Premier, Vice Chairman Central Military Commission, Chief of Joint Services Department and Commander People's Liberation Army (PLA). He also met Chinese Foreign Minister. 13 January 2017 Visit to Kingdom of COAS met with the King of Saudi Arabia, Deputy Crown Saudi Arabia Prince and Defence Minister.

35 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Meetings of the National Security Committee

In a country facing more than its fair share of security and related foreign policy crises, the NSC met for only 23 times in five years; 9 times under the four-year stint of Mr. Nawaz Sharif as elected Prime Minister of Pakistan, and 14 times under the ten-month Premiership of Mr. Shahid Khaqan Abbasi. The NSC met on an average of 4.6 times in the past five years, almost double the average of DCC during 2008-2013 which met a total of 12 times from 2008-2013.

Now compare this with meetings and interactions between Prime Minister and Chief of Army Staff. During the 5 year period, Prime Minister Nawaz Sharif met COAS Raheel Sharif 106 times and COAS Bajwa 13 times while only 9 meetings of the NSC were held under his tenure. Similarly, Prime Minister Shahid Khaqan Abbasi met COAS Bajwa 26 times while 14 NSC meetings were held under his tenure. It needs to be noted that out of the total of Premier-COAS interactions, 35 of these meetings (i.e., 29% of the total times they met) were one-on-one interactions between the Prime Minister Sharif and the two Chiefs of Army Staff while Federal Minister for Defence was present in only 34 of these meetings (28% of the total times the Prime Minister and the COAS met). On the other hand, the National Security Advisor to the Prime Minister (before October 22, 2015, Mr. Sartaj Aziz, and then Lt. Gen. (Retd.) Nasser Khan Janjua) was present in 33 of these meetings (27% of the total meetings held between the Prime Minister and the COAS). During the 26 times PM Abbasi interacted with COAS Bajwa, the Federal Minister for Defence was present in only 13 (50% of the total times the Prime Minister and COAS met) and the National Security Adviser was present in 13 (50%) of the meetings. Table 4: Meetings of the National Security Committee (May 2013-May 2018)

No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

1 August 22, 2013 M i n i s t e r s f o r F i n a n c e , • Reconstitution of the DCC Information and Interior, into a Cabinet Committee Advisor to the Prime Minister on National Security (CCNS) on National Security and was approved Foreign Affairs, Special • Regional Peace and Assistant to the Prime Minister Stability: Evolving situation for Foreign Affairs, Chairman in Afghanistan Joint Chiefs of Staff Committee, • DCC received briefing on Chief of Army Staff, Chief of situation on LOC. Air Staff and Chief of Naval Staff. 2 December 17, 2013 3 months, 26 days Not on PMO • Formulation of National S e c u r i t y S t r a t e g y t o safeguard Pakistan's National interests • Strategy on Internal Security • And relations with Afghanistan.

36 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

3 April 17, 2014 4 months Chaired by the Prime Minister • Committee briefed on PM's and attended by the Ministers of visit to China Defence, Finance, Interior and • CPEC discussed – confluence Information, the Adviser on of economy and defence to National Security & Foreign consolidate economic gains Affairs, Chairman Joint Chiefs • P a k i s t a n - A f g h a n i s t a n of Staff Committee, Chief of relations were discussed in Army Staff, Chief of Naval Staff light of the recently held and other senior civil and Presidential elections in military officials. Afghanistan. • Ch. Nisar briefed on internal security situation w.r.t talks with TTP, situation in Balochistan and western border 4 October 10, 2014 5 months 22 days Chaired by Prime Minister, • Cease Fire Violations at the Ministers for Interior and LOC Information, Advisor to the • Abrupt cancellation of the Prime Minister on National Foreign Secretary-level talks Security and Foreign Affairs, by India and refusal to resume Chiefs of Army, Naval and Air the dialogue process Staff and other senior civil and • Irresponsible statements by military officials attended. India at a political level • Pakistan trying to diffuse situation 5 October 16, 2014 6 days Chaired by PM Nawaz Sharif, PR only says: “Matters relating Ministers for Interior, Chaudhry to regional and internal security Nisar Ali Khan; Minister for came under discussion during Defence, Khawaja Muhammad the meeting.” Asif; Chief of Army staff General Raheel Sharif, outgoing DG ISI Lt. General Muhammad Zahir ul Islam, DG ISI designate Lt. Gen. Rizwan Akhtar and Foreign Secretary Mr. Aizaz Ahmed Chuadhry and other senior civil and military officials attended the meeting. 6 April 06, 2016 1 year 6 months Ministers for Finance, Defence, • Committee briefed on steps Interior and Information, taken for counter terrorism Chairman, Joint Chiefs of Staff • Discussed deliberations at Committee, Chief of Army Nuclear Security Summit Staff, Chief of Naval Staff, which expressed satisfaction Chief of Air Staff, Director with National Command General ISI, National Security Authority Advisor and other senior • Procurement of F-16 fighter officials jets from U.S. • Apparent role of hostile agencies in Pakistan

37 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

7 July 22, 2016 2 months, 16 days PM Nawaz chaired meeting. • Situation in IOK, after P M O d o e s n o t s a y w h o martyrdom of Burhan Wani attended. • Resolved in meeting that Pakistan will approach Human Rights Council of the United Nations of Pakistan • Lauded Zarb-e-Azab • Decided to introduce effective border management system b e t w e e n P a k i s t a n a n d Afghanistan 8 May 31, 2017 10 months PM Nawaz in the chair, Minister • Discussed overall security f o r D e f e n c e K h a w a j a situation, esp eastern and Muhammad Asif, Minister for western border Finance Mr. , Minister • Resolve to continue moral and for Interior Chaudhry Nisar Ali d i p l o m a t i c s u p p o r t o f Khan, Minister for Planning & Kashmiris Development Mr. Ahsan Iqbal, • Operation Radd ul Fasaad Advisor to PM on Foreign • Security for CPEC projects Affairs Mr. Sartaj Aziz, Chairman Joint Chiefs of Staff Committee General Zubair Mahmood Hayat, Chief of the Army Staff General Qamar Javed Bajwa, Chief of Naval Staff Admiral , Chief of Air Staff, , Director General ISI Lt. General Naveed Mukhtar, Director General FWO Lt. General Muhammad Afzal and National Security Advisor Lt. Gen. (R) Nasser Khan Janjua attended the meeting.

38 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

9 June 07, 2017 6 days Chiared by PM Nawaz, attended • PMO calls it special meeting by Minister for Defence • Condemned terror attack in Khawaja Muhammad Asif, Kabul Minister for Finance Mr. • Rejected allegations by Muhammad Ishaq Dar, Minister Afghanistan for Interior Chaudhry Nisar Ali • Committed to Afghan peace Khan, Adviser to PM on Foreign p r o c e s s , a n d c o u n t e r Affairs Mr. Sartaj Aziz, terrorism Chairman Joint Chiefs of Staff Committee General Zubair Mahmood Hayat, Chief of Army Staff General Qamar Javed Bajwa, Chief of Air Staff Air Chief Marshal Sohail Aman, Chief of Naval Staff Admiral M u h a m m a d Z a k a u l l a h , Director General ISI, Lt. Gen. Naveed Mukhtar and senior civil and military officials 10 July 07, 2017 6 days Chaired by PM Nawaz, attended • Matters pertaining to national by Minister for Defence security and foreign policy Khawaja Muhammad Asif, dicussed Minister for Finance Mr. • Pakistan's contribution and Muhammad Ishaq Dar, Minister sacrifice in WOT reiterated for Interior Chaudhry Nisar Ali • I m p o r t a n c e o f A J K t o Khan, Adviser to PM on Foreign Pakistan reiterated. Affairs Mr. Sartaj Aziz, • Support Afghan led, Afghan Chairman Joint Chiefs of Staff owned peace process. We will Committee General Zubair help, but Afgh has to take lead Mahmood Hayat, Chief of Army Staff General Qamar Javed Bajwa, Chief of Naval Staff Admiral Muhammad Zakaullah, Chief of Air Staff Air Chief Marshal Sohail Aman, National Security Advisor Lt. Gen (R) Nasser Khan Janjua, Director General ISI, Lt. Gen. Naveed Mukhtar and senior civil and military officials.

39 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

11 August 16, 2017 1 month 9 days PM Shahid Khaqan Abbasi in • S u p p o r t A f g h a n P e a c e the chair, attended by Minister Process for Defence Engr. Khurram • Will work with Gov of Afghan Dastgir Khan, Minister for to remove irritants like Finance Mr. Muhammad Ishaq repreated cross border firing Dar, Minister for Interior Ahsan • Regional peace and progress I q b a l , F o r e i g n M i n i s t e r was lined to resolution of all Khawaja Muhammad Asif, issues including Chairman Joint Chiefs of Staff • Satisfied with gains of Committee General Zubair Khyber-4, and Radd ul Mahmood Hayat, Chief of Fasaad Army Staff General Qamar Javed Bajwa, Chief of Naval Staff Admiral Muhammad Zakaullah, Chief of Air Staff Air Chief Marshal Sohail Aman, National Security Advisor Lt. Gen (R) Nasser Khan Janjua, Director General ISI, Lt. Gen. Naveed Mukhtar and senior civil and military officials

12 August 24, 2017 8 days Chaired by Abbasi, attended by • Trump's South Asia Strategy Minister for Defence Engr • Recounted contributions to K h u r r u m D a s t g i r K h a n , Afgh Minister for Finance Mr. • Return of Afghan Refugees Muhammad Ishaq Dar, Minister • U S e l i m i n a t e t e r r o r i s t for Foreign Affairs Khawaja sanctuaries in Afghanistan Muhammad Asif, Minister for targeting Pakistan Interior Mr. Ahsan Iqbal, • Minus India Chairman Joint Chiefs of Staff Committee General Zubair Mahmood Hayat, Chief of Army Staff General Qamar Javed Bajwa, Chief of Naval Staff Admiral Muhammad Zakaullah, Chief of Air Staff Air Chief Marshal Sohail Aman, National Security Advisor Lt. Gen (R) Nasser Khan Janjua, Director General ISI, Lt. Gen. Naveed Mukhtar and senior civil and military officials

40 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

13 August 30, 2017 6 days Chaired by Abbasi, attended by • Discussed internal and Minister for Defence Engr. external security situation, K h u r r u m D a s t g i r K h a n , and Trump South Asia Minister for Finance Mr. Strategy Muhammad Ishaq Dar, Minister • Committee decided to set up for Foreign Affairs Khawaja a n i n t e r a g e n c y s u b - Muhammad Asif, Minister for committee to make specific Interior Mr. Ahsan Iqbal, proposals for consideration in Chairman Joint Chiefs of Staff the next meeting of the NSC Committee General Zubair a l o n g w i t h t h e Mahmood Hayat, Chief of recommendations/outcome Army Staff General Qamar of the forthcoming Envoys' Javed Bajwa, Chief of Naval Conference of select missions Staff Admiral Muhammad scheduled for 5-7 September Zakaullah, Chief of Air Staff Air 2017.' Chief Marshal Sohail Aman, • Reviewed Armed Forces National Security Advisor Lt. Development Plan – keep Gen(R) Nasser Khan Janjua, army robust Director General ISI Lt. Gen. Naveed Mukhtar and senior civil and military officials.

14 September 29, 2017 30 days Chaired by Abbasi, attended by • CSVs by India on LOC Minister for Finance, Minister • Abbasi's visit to UN General for Foreign Affairs, Chairman Assembly JCSC, all three Services' Chiefs • F o r e i g n M i n i s t e r ' s and senior civil and military engagement with several officials. world leaders – China, Iran, Turkey • Afghanistan – support Afghan led peace process 15 November 15, 2017 46 days Chaired by PM Abbasi, attended • Condemned recent attacks by Prof. Ahsan Iqbal, Minister akistan Army post at Bajaur f o r I n t e r i o r , K h a w a j a Agency and police officials in Muhammad Asif, Minister for Quetta – blamed it on India Foreign Affairs, General Zubair • Foreign Secretary briefed on Mahmood Hayat, Chairman Middle East and Foreign JCSC, General Qamar Javed S e c u r i t y – ' m e e t i n g Bajwa, Chief of the Army Staff, unanimously agreed that it Admiral Zafar Mahmood was of critical importance for Abbasi, Chief of the Naval Pakistan to play a proactive Staff, Air Chief Marshall Sohail role in the best interest of the Aman, Chief of the Air Staff, Muslim Ummah, while firmly and senior civil and military adhering to its bilateral officials. commitments.' • Balochistan: 'The Committee affirmed that the thrust of Federal Government policy shall be to collaborate more deeply with the Government

41 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

of Balochistan for the rapid socioeconomic development of the province. The meeting also developed a consensus on providing increased development resources to the province and adopting a cooperative implementation mechanism for development projects to ensure greater efficiency and transparency so that the benefits of increased development funding flow directly to the Baloch people at the very g r a s s r o o t s l e v e l . T h e Committee was apprised that concrete measures are being undertaken to improve border m a n a g e m e n t t o d e n y movement of miscreants and criminals into Balochistan. The Committee was also informed that the Federal Government was following a policy of allocating amongst its best civil servants to Balochistan to improve the administrative efficiency in the province.' • R e v i e w o f P a k i s t a n ' s commitment under the Financial Action Task Force (FATF) framework • Energy Security

42 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

16 December 18, 2017 32 days Chaired by Abbasi, Prof Ahsan • Condemned Bethel Memorial Iqbal, Minister for Interior, Lt. Methodist Church in Quetta General (Retd.) Nasser Khan • Foreign Secretary briefed on Janjua, National Security OIC Extraordinary Summit Advisor, General Zubair and Council of Foreign Mehmood Hayat, Chairman Ministers Meetings on Al JCSC, General Qamar Javed Quds Al-Sharif held in Bajwa, Chief of the Army Staff, Istanbul Admiral Zafar Mahmood • P a k i s t a n w i l l s u p p o r t Abbasi, Chief of the Naval Palestine in resolution of Staff, Air Chief Marshall Sohail issue Aman, Chief of the Air Staff, • Reviewed situation in Middle and senior civil and military East, GCC and Iran – Pakistan officials attended the meeting. will work for solidarity of Muslim Ummah • Secretary Interior briefed on progress of each of the twenty areas of NAP. • Pak will fulfill obligations of Financial Action Task Force (FATF) • NSC asked NSA to finalize National Security Policy at the earliest after taking all stakeholders on board. 17 January 03, 2018 15 days Chaired by Abbasi, attended by • Rejected Trump tweet, vowed Foreign Minister Khawaja Asif, not to act in haste for wider Interior Minister Ahsan Iqbal, peace of community Defence Minister Khurram • Pakistan's Counter Terrorism Dastgir, Chairman Joint Chiefs campaign bulwark against of Staff Committee Gen Zubair p o s s i b l e e x p a n s i o n o f Mehmood Hayat, Chief of the terrorist Army Staff Gen Qamar Javed • Pakistan fought WOT on own Bajwa, Naval Chief Admiral resources Zafar Mahmood Abbasi, Air • P a k c a n n o t b e h e l d Chief Marshal Sohail Aman, responsible for Afgh's/Allies PM's Adviser on Finance Miftah failure Ismail, National Security Adviser retired Lt Gen Nasser Khan Janjua, Pakistan's Ambas- sador in Washington Aizaz Ahmad Chaudhry, and other senior civil and military officials.

43 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

18 February 02, 2018 25 days Chaired by Abbasi, attended by • Terror attacks in Kabul – we Khawaja Muhammad Asif, understand your pain Foreign Minister, Prof. Ahsan • M i s c o n c e p t i o n s i n Iqbal, Minister for Interior, Afghanistan caused by General Zubair Mehmood foreign elements H a y a t , C h a i r m a n J C S C , • Delegation to Afghanistan on General Qamar Javed Bajwa, Feb 03, 2018, to discuss Chief of the Army Staff, P a k i s t a n ' s p r o p o s e d : Admiral Zafar Mahmood “ A f g h a n i s t a n - P a k i s t a n Abbasi, Chief of the Naval Action Plan for Solidarity.” Staff, Air Chief Marshall Sohail • NSC satisfied with fencing of Aman, Chief of the Air Staff, Lt. Pak-Afgh border. General Nasser Khan Janjua • R e v i e w e d i f f u l fi l l e d (Retd), National Security obligations under Financial Advisor and senior civil and Action Task Force (FATF) military officials. framework 19 February 27, 2018 25 days Chaired by PM Abbasi, attended • F o r e i g n M i n i s t e r g a v e by Ministers of Foreign Affairs, briefing about recent visit to Defence, Interior, Advisor to the Russia Prime Minister on Finance, • Agreed to enhance economic Chairman Joint Chiefs of Staff cooperation with friendly Committee and the three neighbors Services Chiefs. • Agreed CPEC is beneficial to Pakistan, and agreed to further strengthen CPEC as flagship program of OBOR • A g r e e d t o e n g a g e A f g h a n i s t a n , c o n t i n u e effective border management, time-bound repatriation of Afghan Refugees • Condemned CSVs by India, and noted that India using CSVs to divert attention from atrocities

44 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

20 April 04, 2018 35 days Chaired by Prime Minister • Twenty civilians murdered by Abbasi, at PM House, attended firing ove the LOC by Indian by Minister for Foreign Affairs Forces. NSC condemns the Khawaja Muhammad Asif, act, and reiterates support to Minister for Interior Mr. Ahsan the cause of Kashmir and Iqbal, Mr. , raising their voices on United Adviser to the Prime Minister Nations o n F i n a n c e , R e v e n u e & Economic Affairs, Chairman Joint Chiefs of Staff Committee General Zubair Mahmood Hayat, Chief of Army Staff General Qamar Javed Bajwa, Chief of Naval Staff Admiral Zafar Mahmood Abbasi, Chief of Air Staff Air Chief Marshal , Director General ISI Lt Gen Naveed Mukhtar, National Security Adviser Lt Gen (R) Nasser Khan Janjua and senior civil and military officials. 21 May 02, 2018 28 days Chaired by Prime Minister • Condemn the recent terrorist Shahid Khaqan Abbasi at Prime attack in Afghanistan and Minister's House and attended discuss Prime Minister's visit by the Minister for Interior Mr. to Afghanistan Ahsan Iqbal, Mr. Miftah Ismail, • Briefing by Deputy Chairman Minister for Finance, Revenue Planning Commission on & Economic Affairs, Chairman water policy Joint Chiefs of Staff Committee • Minister of Finance briefed on General Zubair Mahmood Economic performance of Hayat, Chief of Army Staff Pakistan for last 5 years General Qamar Javed Bajwa, • Reviewed the status of FATF Chief of Naval Staff Admiral compliance Zafar Mahmood Abbasi, Chief • Secretary Interior presented of Air Staff Air Chief Marshal more facilitated visa regimes Mujahid Anwar Khan, Director for foreigner. Committee General ISI Lt Gen Naveed asked to formulate new visa Mukhtar, National Security policy Adviser Lt Gen (R) Nasser • R e v i e w e d p r o p o s e d Khan Janjua and senior civil and administrative reforms for AJ military officials. & K and GB and directed to fi n a l i z e a c c o r d i n g t o aspirations of people of AJ & K and GB

45 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

22 May 14, 2018 12 days Chaired by Prime Minister • Statements in context to Shahid Khaqan Abbasi at Prime Mumbai attacks termed as Minister's House and was 'incorrect and misleading' and attended by the Minister for unanimously rejected the Defence & Foreign Affairs, allegations and condemned Khurram Dastgir Khan, Mr. the fallacious assertions Miftah Ismail, Minister for • Pakistan shall continue to play Finance, Revenue & Economic its due role in fighting the war Affairs, Chairman Joint Chiefs against terrorism at all fronts of Staff Committee General Zubair Mahmood Hayat, Chief of Army Staff General Qamar Javed Bajwa, Chief of Naval Staff Admiral Zafar Mahmood Abbasi, Chief of Air Staff Air Chief Marshal Mujahid Anwar Khan, Director General ISI Lt Gen Naveed Mukhtar, National Security Adviser Lt Gen (R) Nasser Khan Janjua and senior civil and military officials 23 May 19, 2018 5 days Chaired by Prime Minister • Mr. Sartaj Aziz briefed about Shahid Khaqan Abbasi at Prime proposals about reforms for Minister's House and was AJ & K and GB and a attended by the Minister for consensus developed Interior Mr. Ahsan Iqbal, • Discussed merger of FATA Minister for Defence & Foreign with KPK and directed to Affairs Mr. Khurram Dastgir concerned ministries to work Khan, Minister for Finance, on all constitutional and Revenue & Economic Affairs administrative modalities by Mr. Miftah Ismail, Chairman coordinating with all the Joint Chiefs of Staff Committee parties in the parliament and General Zubair Mahmood funds allocation only for these Hayat, Chief of Army Staff areas General Qamar Javed Bajwa, • Directed to Interior Ministry Chief of Naval Staff Admiral to further reform Visa Policies Zafar Mahmood Abbasi, Chief • Ministry of Foreign Affairs of Air Staff Air Chief Marshal briefed on regional and global Mujahid Anwar Khan, Director security situations General ISI Lt Gen Naveed Mukhtar and senior civil and military officials

46 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Table 4: Meetings of the National Security Committee (May 2013-May 2018) No. Meetings of NSC Intervening Period Members in Attendance Issue Discussed

24 May 29, 2018 Chaired by Prime Minister • Condemn the terror unleashed Shahid Khaqan Abbasi at Prime by Indian forces on Kashmiris Minister's House and was a n d I s r a e l i s t a t e o n attended by the Minister for Palestinians and reaffirmed Interior Mr. Ahsan Iqbal, support to them Minister for Defence & Foreign • Expressed satisfaction over Affairs Mr. Khurram Dastgir the transformational reforms Khan, Minister for Finance, introduced by the government Revenue & Economic Affairs with regard to FATA and Mr. Miftah Ismail, Chief of Gilgit-Baltistan Army Staff General Qamar • Appreciated the efforts of Javed Bajwa, Chief of Naval Ministry of Interior in Staff Admiral Zafar Mahmood formulating new visa policies Abbasi, Chief of Air Staff Air for tourists and businessmen Chief Marshal Mujahid Anwar and directed to ensure all Khan, Director General ISI Lt policies accordingly Gen Naveed Mukhtar, National • Reviewed in detail the recent Security Adviser Lt Gen (R) g l o b a l a n d r e g i o n a l Nasser Khan Janjua and senior developments and their civil and military officials. implications for Pakistan

47 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

Conclusion and Recommendations In the past 5 years, the role of the military establishment has become more intrusive and more visible. Having played a positive role in the 2014 Dharna, it has As our democratic system evolves, the political sphere apparently decided to facilitate the emergence of a third is marked by multiple blemishes that include lack of major political party as an alternative to the two main internal democracy in political parties, nepotism, and political parties, i.e., the PPP and the PML-N, which corruption. At the same time, in the view of some parts have alternatively ruled Pakistan for the past 25 years of society, there is also a negative perception with since 1985 (excluding 8 years of General Musharraf's regard to both an overt and a presumed covert role of rule). The strategy was successful as PTI emerged as the Armed Forces in certain aspects of internal and the largest party in the 2018 General Election with 156 external affairs. This presumed negative role endangers seats in a house of 342. It was able to form the and weakens the maturation and strengthening of Government with the support of three smaller parties democratic stability. (PML-Q, MQM & BAP). In the Punjab Assembly, the margin of victory was much narrower. Military Army's involvement in politics, from 1958 onwards, is intelligence agencies are held responsible for covert by now a grim reality. Due to four outright military manipulation of the electoral process, before and interventions in different periods ruling the state for immediately after the close of voting in July 2018. about 33 years out of 71 years --- two of which, 1969- 1971, 1977-1988, led to catastrophic results. Due to the They are also assumed to be responsible for the continuing overt and covert influence of the military in disappearance of many persons. In 2017 and 2018, new aspects of foreign policy, nuclear weapons issues, and pressures on the media are ascribed to the agencies and internal security, there is abiding unease in most parts to ISPR. The military establishment has also evolved a of civil and political society at the imbalanced role of more active media strategy in support of the PTI the Armed Forces. Government. This, combined with the Government's a u s t e r i t y d r i v e t o c u t d o w n G o v e r n m e n t One may envisage specific circumstances in which advertisements by 70-80% has created a mini crisis in civilian rule fails to provide minimally acceptable the media with lay-offs and complaints of harassments. governance “justifying” a temporary intervention by News Media opines that it had seldom faced so the military in order to restore law and order and 'strangulated' as today. Even legitimate comments like political normalcy. However, attempts to legitimize the need for adherence to the Constitution, or such interventions on a longer-term basis have dealt a advocating the principle of civilian supremacy and near-fatal blow to the prospects for credible democracy importance of free speech by the media are being and responsible governance in Pakistan. muzzled through coercive messaging and measures.

The military may have fine-tuned its political narrative These perceptions, coming on top of many long- to justify its interventions which largely revolves standing issues like missing persons, and alleged around political and bureaucratic corruption and support to certain extremist groups, are now beginning incompetence which pose a national security threat that to erode the positive image of the Armed Forces. This cannot be ignored, especially given the security has been built specifically after the successful environment of Pakistan. Nevertheless, the campaign against terrorism between 2013-2018 and displacement of civilian supremacy represents a blatant improving the security situation in Pakistan. violation of the Constitution and a major barrier to the development and maturation of democratic institutions At the same time, there are apprehensions that the and politics in the country. present phase of political uncertainty could deteriorate into a political gridlock if the two smaller parties T h e n e g a t i v e p o l i t i c a l c o n s e q u e n c e s o f currently in the Government threaten to leave the unconstitutional interventions provide the cause and coalition. It is possible that PPP and the PML-N may justification for continued overt or covert interventions join forces to launch a sustained campaign against the in an unending vicious circle. This undermines political Government to protest against the perceived stability and national unity. Impunity and lack of 'victimisation' of their leaders. Even if the agitation is accountability – whether civilian, military or judicial – short-lived, the non-cooperation of these two major are a negation of good governance and socio-economic parties could seriously affect Parliamentary development. The political system, therefore, remains proceedings making it difficult for the PTI Government in perpetual crisis. to achieve its objectives of reviving the economy,

48 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

controlling inflation or reducing unemployment. In the outside the framework of civilian supremacy is a absence of mainstream opposition leaders, the political malignancy. It is essentially a form of dyarchy possibility of forward blocks in both parties cannot be with a civilian façade for de facto military rule. It can ruled out. The possibility, if it materialises, could shift never provide a basis for competent, democratic and the numbers game in favour of the PTI but past good governance. experience does not support this prediction. The Military establishment also needs to evolve a Democracy and good governance are learning strategy to minimise the impact of the negative processes, which involve the development of a whole reflections on its image. In order to move forward range of credible institutions and habits of mind that constructively, it is important that: nourish them. This takes time. Meanwhile praetorian interventions undermine the democratic learning a. The Military establishment should reduce its process and inflict lasting political damage on the involvement in political matters to a country. This deviation from the democratic norm is significant extent in the coming months and now the political norm in Pakistan. In a country that is allow political parties to sort out their in dire need of massive and wide-ranging structural differences and strategies themselves. reforms in order to face the existential challenges of the 21st century, this deviation from responsible b. A similar policy should be followed in relation governance casts a shadow over its future. to the media. It is equally important for the Government to restore the true spirit of a free Input from the military and security establishment will media and promptly pay their outstanding always be required. But it cannot carve out specific dues. areas of national policy as its own preserve without adversely impacting the national interest. Moreover, c. The Military establishment may also explore discussions on aspects of national policy should not legitimate ways and means to improve its reflect institutional loyalties even though there will relations with the other two main political always be scope for several points of view from which a parties, i.e., the PPP and the PML-N. consensus on specific measures may emerge. A variety Military's relations with the PPP damaged in of discourses and narratives can enrich discussions and 1979 when Mr. Zulfikar Ali Bhutto was make policy recommendations more relevant and hanged by General Zia-ul-Haq – and with the realistic as long as decision-making is not determined PML-N in 1999, when General Musharraf by power plays instead of objective and reasoned dismissed the Government of Mr. Nawaz argument. Sharif and then exiled him for 8 years. These relations have deteriorated further in the past 5 The Way Forward years. These ruptured relations can become more problematic if the PTI Government is The PTI Govt and Military are on one page - the one unable to manage the economy and as a result written by the GHQ. It is a unique situation in political b e c o m e s u n s t a b l e i n t h e c o m i n g history of Pakistan, which presents opportunities to months/years. address, unaddressed or partially addressed national, policy and governance related issues. PTI Govt's desire d. The principal objective of stakeholders must for power sharing should be seen advantageous for be a stronger, democratic system supported by Pakistan. a strong Parliament, an independent Judiciary and a free Media. This objective can only be While all States are always in the process of evolving achieved if there is unity of purpose and an and stabilizing cohesion between State pillars, the atmosphere of trust and tolerance. Any situation in Pakistan in 2019 regarding civil-political- shortcomings in the democratic process can military relations requires that special and enduring be cured by more democracy and not by priority be given to this subject at the highest levels of curtailing or managing it. the Legislature, the Executive, including the Armed Forces, the Judiciary, civil and political society and the e. Well before 2050, Pakistan's population might media. surpass 400 million. The people will need to be fed and educated. The demands of critical In a constitutional democracy, civil-military relations and rational thinking and science and

49 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

technology will need to be prioritized if the Government to have control and command over the people are to be empowered. The economy Armed Forces. However, the intent of the Constitution will need to generate family supporting jobs is not followed in practice when the sitting Defence and the resources for basic services including Minister claims merely to be a “facilitator” and not the health care, human security, human rights boss or in-charge of Defence Organization. The first protections, etc. The economy as currently logical step, therefore, is to strengthen democratic structured and administered will not prioritize oversight of defence. PILDAT proposes following these objectives, except rhetorically. The recommendations: challenges of the 21st Century that loom over the country will not be addressed. In the 1. Democratic control on Defence can only be present uncertain political situation, longer- established through an effective Ministry of term challenges facing the country like Defence (MoD). The Ministry needs to be the climate change, water, population, health principle authority in all matters of policy, care, education, human rights protection, and finance and budget of the defence sector science and technology have drifted to the 2. Federal Minister of Defence must be a part of back burner even though some of these threats all meetings of any service chief and the Prime are potentially more serious than the threats to Minister unless an extra-ordinary situation our security. We must refocus on the real warrants otherwise issues. 3. MoD should be manned, in the main, by professional career bureaucrats except where f. The regional politics is restructuring in the nature or duties of the post mandate that it uncertain ways. Pursuit of 'Friendly should be filled by a serving officer of the Neighbourhood' policy is an imperative. armed forces Peace with neighbours, despite the 4. Ministry of Defence, Services Headquarters, persistence of differences on important issues, Joint Chiefs of Staff Committee and National will provide a major assist in generating Security Committee should develop close modernization and transformation. So is the coordination in terms of policy input and need for strengthening the federation; its strategic thinking weakest link reflects state of national 5. While the State has been battling with a cohesion and power. number of national security issues over the years, there is a critical need to address these g. The role of the National Security Committee issues in a holistic manner through preparing a must be strengthened to provide a systematic well-coordinated and comprehensive national institutional framework for managing and security and defence policy of Pakistan. Once improving civil-military relations. the policy is final and made public, a periodic Defence and Security Review of Pakistan Civil-military relations can and must only be viewed must be prepared and made public based on and restructured within the framework of the national security and defence policy of democratically elected civilian supremacy and good Pakistan. governance. If civil-military relations remain in large ' part an adversarial relationship, 2050 will become a 6. Defence Council' should be activated and calamity waiting to engulf Pakistan. This calamity will strengthened by regular meetings (at least be exacerbated several-fold if we factor climate change once a quarter) of the Defence Council and its consequences including the risk of resource- chaired by the Federal Minister of Defence to based conflicts and nuclear escalation into the co-ordinate the defence, foreign and finance equation. policies of Pakistan, and to approve major works including induction of new weapon PILDAT recommends the following reforms to systems proposed by the Joint Chiefs of Staff improve the state of Civil-Military relations in the Committee. The Defence Council is provided country. for in the Rules of Business of the federal government. Democratic Oversight on Defence 7. A spokesperson of the Ministry of Defence should be appointed to speak on behalf of the Constitution of Pakistan designates the elected Federal Ministry on all defence and security affairs

50 P I L D A T State of Civil-Military Relations in Pakistan A Study of 5 Years: 2013-2018

including those relating to the Armed Forces Who should host the Dialogue of Pakistan. A military spokesman may join too when operational details of the military It is a pity that despite having institutions already in are the subject. place to engage in a dialogue, successive governments 8. MoD must review and oversee industrial, and institutions have chosen not to fully utilise them. business & commercial interests of the Armed Lets see what can be some of these institutions Forces and bring these in line with the rules and practices especially relating to National Security Committee transparency and accountability in other spheres of Government The National Security Committee provides the best 9. MoD must prepare proposals to strengthen the forum where such a dialogue can take place on national higher defence organisation. While the PML- security issues. The NSC, however, has to be a N Government deserves credit for putting in consultative forum and not a decision-making body, to place the required structure of National conduct such a dialogue. The NSC should meet more Security Committee, NSC is only a part of the frequently and regularly and its support infrastructure higher defence organisation (HDO) structure as originally envisaged should be strengthened in the of Pakistan, which largely, has not been form of various committees and think tanks. r e f o r m e d s i n c e 1 9 7 6 . D e t a i l e d recommendations are contained in PILDAT a. NSC Meetings dedicated to strategic Civil- paper titled Restructuring Higher Defence Military Issues: Civil-Military Dialogue on Organisation in Pakistan. long term strategic issues like the Key 10. All Defence Agreements/MOUs should be strategic foreign relations and long-term presented to and ratified by the cabinet. In security perspective is extremely important selective cases, the ratification by the to understand each others' perspective and to parliament may also be considered. develop a unified national position. Since Understanding divergent perspectives and Need for Institutional Dialogue reaching a common ground can not be accomplished in one or a few meetings. This Perhaps the most telling statement indicating the need requires consistent, regular and long-term for an institutional dialogue has been made by Federal engagement. At least one meeting in a month Minister of Defence, Mr. Khurram Dastgir Khan, (preferably) or two months be devoted to MNA, when he said that “We [PML-N] have learnt that these strategic subjects alone. There may be individually good relations between Services Chiefs other NSC meetings to deal with routine and PM do not solve the issues in civil-military operational matters but one meeting each 30 relations. There have to be good inter-institutional or 60 days should be dedicated to strategic relations.” issues. b. Research and Planning Infrastructure at A real dialogue between civil and military has to be NSC: NSC meetings, especially on strategic promoted through existing institutional structures chief questions, need to have high quality research among which is the National Security Committee input. Various Civil and Military institutions (NSC). PILDAT believes an inter-institutional may have their own research inputs but NSC Dialogue is indeed required. Its not just required needs to have its own infrastructure to collate because Pakistan's Supreme Court has disqualified the available research and carryout its own another premier from holding office through the original research, where needed, in order to working of a JIT including serving military officers assist NSC in informed decision-making. from ISI & MI, but it has long been required due to a When the NSC (originally as Cabinet continuing lack of constitutional equation between Committee on National Security) was institutions. Such a dialogue, however, can not be a formed back in 2014, an independent one-off, time-barred event. It has to be a continuing secretariat and two subsidiary bodies, the dialogue that brings to table all stakeholders that are Planning Committee and an Advisory Board genuinely intent on resolving the crucial challenges were also to be established along with it. and engage in understanding perspectives instead of However, it has not come into our knowledge talking at each other. how the two subsidiary bodies are functioning and whether they are operational

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at all. It would be in the best interest of the while everyone needs to be on board, who country to operationalize them to assist the should be the final, lawful and NSC. authoritative arbiter on decision-making in case of disagreement? Expanded Civil-Military exchange at NDU iv. Developing of policy reform proposals, with defined targets timelines and While NSC remains the apex body for civil-military performance indicators. exchange of views, a more informal but extremely v. National Security Policy and Strategies to useful exchange at second, third and fourth tiers of implement the agreed policy. civil-military leadership may also be facilitated. National Defence University (NDU) has been conducting such an interaction in various courses and workshops. The Government of Pakistan especially the Ministry of Defence may look at the possibility of further facilitating and streamlining such dialogues in collaboration with NDU management.

Mechanism of Dialogue

a. The dialogue has to be initiated with all stakeholders agreeing to resolve the malaise of institutional disconnect harming Pakistan. Interlocutors and stakeholders must agree on the agenda and timeline of the dialogue

b. Inter-institutional dialogue must not be used as an opportunity of pointing fingers. A fruitful dialogue forum can not be used as a means to humiliate, humble or criticise any institution but as a forum to listen to and understand each others' perspectives and find a way forward that harnesses those perspectives for the ultimate benefit to the country and the citizens.

c. Perhaps by nature, politicians require publicity and media for every initiative. A dialogue of this nature, however, must not be open for publicity. Dialogue must be held away from the gaze of media and must follow strictly the rules of non-attribution

Proposed Agenda

The most crucial questions that constitute the agenda of the dialogue are as follows:

I. Objective identification of irritants in inter-institutional relations ii. Inter-institutional perspectives on irritants and major national issues iii. On matters of national concern, including security, Constitutional and legal issues,

52 Pakistan Institute of Legislative Development And Transparency

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