The Future of Parliament, Constitution and Democracy

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The Future of Parliament, Constitution and Democracy DIALOGUE PAKISTAN 2020 DIALOGUE PAKISTAN 2020 Comprehensive report The PIPS acknowledges the services of Ahsan Hamid Durrani for developing this report from the dialogue proceedings and his participatory observation. The Institute is also thankful to Safdar Sial for reviewing the report and extracting key findings and recommendations. Pak Institute for Peace Studies (PIPS), Islamabad 1 DIALOGUE PAKISTAN 2020 CONTENTS Key findings & recommendations .............................................................3 Executive summary ...................................................................................9 Inaugural session .................................................................................... 15 Keynote address of Khaled Ahmed ................................................................ 15 Keynote address of IA Rehman ..................................................................... 20 Dialogue 1: Future of parliament, constitution and democracy ............................. 23 Dialogue 2: State, society and religion ............................................................... 27 Dialogue 3: Have we won the war against terrorism? .......................................... 33 Dialogue 4: Is our environment conducive for creative expression? ..................... 39 Dialogue 5: Economic instability and governance: Is 2020 the year of hope? ....... 45 Dialogue 6: Youth, student unions and emerging political trends ......................... 53 Dialogue 7: Political and strategic landscape of South Asia: Is the region ............ 57 in a permanent state of change? Dialogue 8: Freedom of expression: Where does the problem lie? ....................... 63 Dialogue 9: Women’s rights movements: Is there any hope for end .................... 67 of gender discrimination? ................................................................... Dialogue 10: Dialogue among institutions: Needs and possibilities ........................ 71 2 DIALOGUE PAKISTAN 2020 KEY FINDINGS & RECOMMENDATIONS ✓ It is inevitable that dialogue be promoted in an environment that is open and not subject to any curbs. Indeed, it is the lack of communication and dialogue that has been at the heart of most conflicts and discords that have been persisting on the level of state and society in Pakistan. For one, the prevailing extremist ideology in the country needs to be confronted not [only] through the use of force but also by engaging all elements of the society in dialogue and by taking their concerns and grievances into consideration. Secondly, dialogue is not only limited to verbal conversation; practical steps are an important element of dialogue, in the absence of which the dialogue is futile. ✓ The relationship between the state and society is the key to a peaceful and prosperous Pakistan. This relationship should be based on constitutionalism, inclusivity, service delivery and related democratic norms and governance ideas of a modern nation-state instead of confines of a security state. What is the role of ordinary Pakistani people in governance except that they are only able to cast vote? ✓ The federation must pay heed to the problems faced by marginalized provinces instead of ignoring them. Dialogue should be initiated with the people of Balochistan and [erstwhile] tribal areas. Dialogue is reaching a consensus despite having a difference of opinion. This consensus is not eventual rather a part of the process of mutual understanding. ✓ Pakistan’s social contract or Constitution needs a revisit and reforms. Modern realities, new generation, changing economic order, and various definitions of individuals and people and their rights and limitations have to be taken into consideration, which we have failed to do so far. Constitutional provisions should be compatible with the ground realities. Similarly, the Constitution though talks about some civil rights but fails to address all the important socio-cultural rights of a human being. For one, the right to education was acknowledged after a long time, 3 DIALOGUE PAKISTAN 2020 which is also in shambles. It doesn’t even talk about the health of the ordinary people. It doesn’t recognize the equality of women. It fails to protect the minorities. ✓ Constitutional reforms should empower the federating units instead of the federation. There are murmurs about rolling back the 18th amendment, which could be detrimental for the country’s future. Instead, discussion should be about making the local governments fully functional and empowered. ✓ Democracy has lost its soul in Pakistan and is confined to the process of election only. It is doomed to fail further if the judiciary, politics and media are not allowed to work freely. The persisting authoritarianism in political parties has also not allowed the democratic culture to flourish, which has also contributed in what we say the lack of political resistance to undemocratic forces. ✓ Diversity needs to be acknowledged and celebrated both by people and the state. Diversity and uniformity/unity are two different things and should not be equated. People can coexist with multiple identities and still be united on national issues. Various identities – religious, ethnic and cultural/linguistic – are like a bouquet. It should be cherished and people should be allowed to live with their identities. ✓ Parliament has become inconsequential in Pakistan’s polity due to multiple factors. For one, it has failed to bring home the bacon because the governments have not been given enough time to function, legislate and deliberate upon issues directly related to the country. Parliament is weak because it has not defined its priorities and scope. It has concentration of power and should try to devolve it to local governments. It should focus on a comprehensive constitutional revamp by initiating a national dialogue. ✓ Religion is an integral part of Pakistan’s identity therefore its responsibility cannot be left to any one group. Pakistani state and law have been under the influence of [Islamic] jurisprudence and under pressure of religious circles. Nonetheless, the state’s policy for religion and religious actors has nurtured a unique trend of religious political behaviors, which have remained more problematic and less helpful. Another problem we are faced with is that our intellectual canvas for religion is very narrow. Our religious identity is sectarian and class-based. 4 DIALOGUE PAKISTAN 2020 ✓ The coexistence of religion and politics has been, in general, very uneasy. Basic governance, which is a social notion, has also been affected by ideological debates. It is said in our religious references that a system based on Kufr (disbelief) can sustain but cannot sustain based on injustice. This means that socio-political order shouldn’t be integrated with the religion. Theological debate in a political order gives rise to confusion in the system. ✓ Pakistan needs to revisit its approach in dealing with the religious seminaries, or madrassas. For example, it is not easy to implement the package introduced for madrassas by the government. The biggest hurdle in madrassa reforms and addressing fundamentalism in Pakistan is communication gap. ✓ During the Swat operation in 2009 and in particular after the APS attack, there has been observed a change in the military doctrine and response thus contributing in a decline in terrorist violence. Yet, though the number of terrorist incidents has nosedived sharply during the past few years, but that doesn’t mean that we have completely won the war against terrorism. Besides keeping the pressure on against the militants, the next level is to fight this war ideologically as well as to curb the financial and other channels of support for the terrorists. Extremists may have weakened, but they are yet to be defeated. Civilian institutions should own and take control of the war against terrorism and extremism. ✓ While this region has produced several great littérateurs, artists, musicians and others with creative acumen, at present the problems pertaining to creative expression in Pakistan are on the rise. Still, despite tough and unhelpful conditions, literature and art can do wonders. Peace and tolerance are also directly linked to art and literature and forms of cultural and personal expressions. But sadly we are becoming a country where there is least appreciation for art and literature from both the state and society. Efforts should be made on the level of state and society to develop society’s intellectual construction that not only understands but also values and appreciates art and literature and those associated with them. The economy of art and literature also needs to be assessed and invested in. ✓ If we want to strengthen our relationship with our land and history, we need to keep alive and cherish our culture and heritage. Departments on ancient civilizations such as Mohenjodaro and Meahrgarh should be established in universities to facilitate research and study of our history and heritage and transmit it to next generations. ✓ Economic prosperity is vital for the stability of Pakistan. Pakistan should assess and 5 DIALOGUE PAKISTAN 2020 acknowledge it economic problems and try to find indigenous solutions. An elitist economy is far estranged from people’s needs and wishes and also politically flawed. The rates of population and economic growth in the country are heading in opposite direction. Pakistan needs to do stringent efforts to increase production, ensure effective, equitable use of wealth and resources,
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