DAP-Vol4-Theruleoflaw.Pdf

P DEVELOPMENT AKIST T he RuleofL ADVOCA AN a w TE Volume 4, Issue 3 DEVELOPMENT ADVOCATE PAKISTAN © UNDP Pakistan Development Advocate Pakistan provides a platform for the exchange of ideas on key development issues DEVELOPMENT ADVOCATE and challenges in Pakistan. Focusing on a specific development theme in each edition, this quarterly publication fosters public discourse and presents varying perspectives from civil society, academia, PAKISTAN government and development partners. The publication makes an explicit effort to include the voices of women and youth in the ongoing discourse. Disclaimer A combination of analysis and public opinion articles The views expressed here by external contributors or the members of the promote and inform debate on development ideas editorial board do not necessarily reflect the official views of the while presenting up-to-date information. organizations they work for and that of UNDP’s. Editorial Team Editorial Board Maheen Hassan Mr. Ignacio Artaza Umer Akhlaq Malik UNDP Country Director Design Mr. Shakeel Ahmad Hasnat Ahmed Assistant Country Director/Chief Development Policy Unit Printed by: Agha Jee Printers, Islamabad Mr. Aadil Mansoor Assistant Country Director/Chief Crisis Prevention and Recovery Unit United Nations Development Programme Pakistan 4th Floor, Serena Business Complex, Mr. Amir Goraya Khayaban-e-Suharwardy, Sector G-5/1, Assistant Country Director/Chief P. O. Box 1051, Democratic Governance Unit Islamabad, Pakistan Mr. Amanullah Khan Assistant Country Director/Chief Environment and Climate Change Unit For contributions and feedback, please write to us at: [email protected] Ms. Fatimah Inayet Communications Analyst ISBN: 978-969-8736-19-7 September 2017 CONTENTS 21 Irum Ahsan Analysis Senior Counsel, Law and Policy Reform Office of the General Counsel Asian Development Bank (ADB) 02 RULE OF LAW – A Case Study of Pakistan 23 Ahmed Bilal Mehboob President Pakistan Institute of Legislative Development And Transparency – PILDAT Opinion Youth Voices Bakhtawar Bilal Soofi Rule of law, 24 06 Democracy and Human Rights I.A. Rehman 24 Sara Raza The Rule of Law: 09 Hussain Azam Cheema Concept and Practices in Pakistan 24 Muhammad Amir Rana 25 Razia Monnoo Rule of Law and 12 Judicial Efficiency Omer Aamir Ali Sultan 25 Bushra Aziz Rule of Law in Conflict Areas: 25 15 The Case of Pakistan's 'Lawless' Federally Administered Tribal Areas Arslan Mahmood Goraya Naveed Ahmed Shinwari 26 26 Saira Ghauri Interviews 26 Ibrahim Mahmood Batla 18 Jean-François Cautain Ambassador EU Delegation to Pakistan /undppakistan 20 Flt Lt (Retd.) Muhammad Khalid Khattak Former Inspector General w us www.twitter.com/undp_pakistan Islamabad Police Saleem Mandviwalla ollo www wwwPr.pkovincial.undp nominee.org for NFC - Sindh F © UNDP Pakistan Editorial Rule of Law and the 2030 Agenda The rule of law is the dening relation between society and the state. Even within Pakistan, there are differentials in terms of the rule of law. It is the ultimate condition in which citizens and the state are held Parts of the country with lower rule of law indicators, such as the accountable to a set of laws that are, as Ko Annan, the Secretary- Federally Administered Tribal Areas (FATA) and Balochistan, tend to General of the United Nations wrote in 2004, “publicly promulgated, lag behind on socioeconomic fronts. For instance, 73.7 percent of the equally enforced and independently adjudicated, and which are people of FATA are multidimensionally poor – the highest in the consistent with international human rights norms and standards.” country. The literacy rate in FATA stands at 24 percent as opposed to 58 percent at the national level. Quick x interventions, like The rule of law requires, in Mr Annan's words, “measures to ensure economic recovery and infrastructure development, may bring adherence to the principles of supremacy of law, equality before the immediate respite, but long-term success hinges upon mutual trust law, accountability to the law, fairness in the application of the law, and support between state and society, and a strong system of the separation of powers, participation in decision-making, legal rule of law. certainty, avoidance of arbitrariness and procedural and legal transparency.” We understand this today as the fundamental Recognizing this, the United Nations Development Programme architecture of a just society. (UNDP) works closely with the Government of Pakistan to strenghten the rule of law, particularly in areas where it has been Effective rule of law creates an environment in which a country can weakened by years of displacement, conict and insecurity. In promote development, protect its citizens from discrimination, and Khyber-Pakhtunkhwa, for example, the European Union is a major ensure equitable access to justice for all. This means that all citizens funder of a long-running UNDP programme to strengthen the have the opportunity to live in peace without fear, with effective relationship between the population and rule of law institutions. recourse in law when their rights are abrogated, and an equal chance This includes measures to improve policing through training, model to ourish and build a prosperous life. police stations and forensics laboratories in Malakand division. To help ensure women have equal access to justice, the programme The 2030 Agenda for Sustainable Development envisions a world supports training for female lawyers, legal aid clinics and legal where all people live free of violence and fear, where hunger and awareness, and women's desks in police stations. Fair, speedy and poverty are eliminated, and where the planet is protected for future transparent justice builds trust in legal institutions; to achieve this, generations. This global transformation is predicated on the the programme is working on alternative dispute resolution understanding that human rights, peace and security, and develop- methods in partnership with the judiciary and local government. ment are deeply interlinked and mutually reinforcing. Pakistan is a signatory to this global commitment to transform the world by Such initiatives require close and long-term cooperation with the achieving 17 Sustainable Development Goals (SDGs). Government and the people of Pakistan to achieve SDG-16. Of these, SDG-16 aims to create peaceful, just, and inclusive societies Notwithstanding the need for short-term social and economic gains, that live under the rule of law. This is the necessary condition in it is essential to recognize that it is the long, slow work of structural which all other goals – including those related to health, education, change that will lead to sustainable development and prosperity for economic activity and other aspects of development – may be generations to come. Once the underlying structure is strong, achieved. As such, this global aspiration ushers in a new kind of sustainable change will inevitably follow, and will benet all citizens development, in which people make and inuence the decisions of Pakistan, regardless of their gender, socioeconomic level, that affect their lives. ethnicity, caste or creed. By coming together to achieve an equitable and non-discriminatory rule of law, we lay the necessary foundations The rule of law is also necessary for economic growth: businesses for realizing the 2030 Agenda. require the assurance of security, fairness and predictability to prosper. Globally, a quarter of the world's population live below the international poverty line of USD 581 per year; 790 million people lack adequate nourishment, a billion lack safe drinking water; and 880 million are deprived of access to basic health. Economic growth is essential to alleviate this human suffering, but it can only be sustainable and fair if its foundation is the rule of law. Yet, ensuring the rule of law for all can pose challenges in Pakistan. In 2016, the World Bank's World Governance Indicators ranked Pakistan at the 20th percentile rank, meaning that 80 percent of the world's countries ranked higher in terms of rule of law. This is perhaps one of the greatest barriers Pakistanis face in living fullling lives, and in creating a better, more prosperous future for their children and their nation. 01 Analysis RULE OF LAW – A Case Study of Pakistan Introduction The Secretary General of the United Nations violence to enforce rights and regain order. In today's world, one of the key differences termed rule of law as “a principle of between developed and developing governance in which all persons, institutions The Rule of Law: Principles and countries is the existence of the rule of law - and entities, public and private, including the Applications a primary requisite for socio-economic State itself, are accountable to laws that are development and democracy. Owing to its publicly promulgated, equally enforced and a) Constitutional and Legal System in history of interrupted democracy, non- independently adjudicated, and which are Pakistan representative regimes, conicting laws, consistent with international human rights Pakistan inherited formal laws from British conservative society, religious and norms and standards. It requires, as well, India. This initial set of laws underwent sectarian turmoil, and above all, multiple measures to ensure adherence to the several changes over time, so as to bring layers of militancy, Pakistan has witnessed a principles of supremacy of law, equality them at par with the Constitution and limited growth in terms of the rule of law. As before the law, accountability

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