Monitor on Civil-Military Relations in Pakistan for April 2015

 

Political

and Electoral Disconnect

Picture shows polling taking

place in NA-246, Karachi on April 23, 2015, in the presence of Pakistan Rangers

(Sindh) ¹

That

it is the Pakistan Rangers, requested to be deployed by the ECP for ‘maintaining

peace during by-election in NA 246 (Karachi VIII)‘ ² who should

demand for placing CCTV Cameras both inside and outside every polling station

and installation of biometric verification system at every polling station in

itself speaks volumes about the inability of the ECP to grasp and provide for

stringent requirements of holding free and fair election in Pakistan.

In a stranger turn of events, the first demand was initially

rejected by the Chief Minister of Sindh, Syed Qaim Ali Shah, MPA, only to be

accepted the next day, ³ while the ECP’s statement that it was ‘not

technically equipped to introduce and handle biometric system during the NA-246

by-election‘, citing that ‘any such action taken in haste could bring

the whole electoral process into question‘ ⁴ signified yet

another embarrassment for the institution.

Since the Pakistan Rangers (Sindh) had been given the responsibility

of ‘maintaining peace during by-election‘ they had a right to suggest

measures in pursuit of this end. Given the peculiarities of elections in Karachi

and urban Sindh, and that biometric verification a longstanding demand, it was

the responsibility of the ECP to take every measure possible to provide for

a level-playing field for holding a free, fair and credible election. That it

was not done but even the demand was rejected both by the Provincial Government

of Sindh and the ECP was tantamount to undermining the very job that had been

assigned to the Rangers.

An apparent disconnect was also observed between the Provincial

Government of Sindh and the Pakistan Rangers (Sindh) with regards to the ban

on pillion riding in all districts of Karachi from April 21-23, 2015, for the

by-election. Apparently, to rebuff the impression that the call had emanated

from the Pakistan Rangers (Sindh) and to allay the apprehensions of the Chief

Minister when he stated that he was ‘not at all consulted on banning pillion

riding in Karachi‘ ⁵ , DG Rangers, Maj. Gen. Bilal Akbar on

April 24, 2015 stated that the ban had been imposed by the Home Department of

the Government of Sindh, not the Rangers. ⁶

This unfortunately signifies the lack of coordination between

the civilian Government and the Pakistan Rangers (Sindh). The Rangers have been

deployed in Karachi to undertake a task. If, however, the prevailing disconnect

continues, it is likely to dilute not only the effectiveness of the Pakistan

Rangers (Sindh), but will also put a question mark behind the whole objective

of the deployment. To improve this coordination, there is a need to immediately

appoint a Provincial Home Minister, a portfolio that currently lies with the

Chief Minister. Considering the grave security situation prevalent, it is nothing

short of embarrassing that the post has been vacant all through out the current

PPP tenure in Sindh.

In the light of on-going security operation in Karachi, DG

Rangers, Maj. Gen. Bilal Akbar, has also made it a point to state that the Karachi

Operation is not against any particular political party, emphasizing a much-needed

above-the-board approach. ⁷

 

Updates

on Military Courts: First batch of executions and the Stay Order by the Apex

Court

Picture showing the Supreme Court of Pakistan

8

Contrary to the perception that the legality of the Military Courts was a done

and dusted affair, a 17-member bench of the Supreme Court ordered a stay on

the first batch of executions on April 16, 2015, ordered by the Military Courts.

9

Announcement of the first batch of executions came to light

after a Press Release issued by the ISPR on April 02, 2015, which stated that

the COAS had confirmed the death sentences of 6 ‘hardcore terrorists for

heinous offences related to terrorism, men slaughtering, suicide bombing, abduction

for ransom, colossal damage to life and property‘ ¹⁰ . However,

a stay was placed, after the Supreme Court Bar Association filed a petition.

11

Without commenting on the legality of Military Courts, a matter

that is sub-judice, PILDAT believes that certain aspects of the petition

filed are worthy of consideration. These primarily deal with apprehensions regarding

a lack of transparency and doubts about the Military Courts’ ability to safeguard

provision of basic rights, such as following the due process of law in the course

of its proceedings. ¹²

PILDAT has already raised these concerns, heightened especially

by the promulgation of Pakistan Army (Amendment) Ordinance, 2015, in its Monitor

on Civil-Military Relations in Pakistan for February 2015. ¹³ The

granting of the right of one appeal to any terrorist convicted by the Military

Courts, in front the Supreme Court of Pakistan might allay these concerns. Also,

considering that the 21st Constitutional Amendment has a sunset clause of two

years, it is important to ask what has the Government done to enhance the capacity

of the civilian justice system, inlcuding improving the prosecution and the

investigation branches? Till now, little or no recommendations have been floated

, amidst fears that the Government may revert back to the Parliament seeking

an extension for Military Courts when the period lapses.

 

Pakistan-China

Economic Corridor: Establishment of the Special Security Division

President Xi Jinping meeting with

Pakistan’s Services Chiefs on April 20, 2015 ¹⁴

In order to provide security to Chinese workers, whose influx is expected following

the recent Sino-Pak investment agreements, on April 21, 2015 the President of

Pakistan, Mr. Mamnoon Hussain informed the Chinese President, Mr. Xi Jinping,

of the formation of a Special Security Division.

According to a Press Release issued by the ISPR on April 21,

2015, ¹⁵ and various media sources, ¹⁶ the Division

would include:

Both the visit of the Chinese President and the hefty Chinese

investment in Pakistan have been hailed widely as a watershed moment in Sino-Pak

relations.

PILDAT lauds and credits the coordinated efforts by the civil-military

leadership to this end. Not only has the civilian Government pursued a focused

policy to attract foreign investment, but the commitment shown by Pakistan’s

Armed Forces in combating terrorism through Operation Zarb-e-Azb, hailed internationally,

has paved the way for this landmark achievement. However, it may be examined

by the Federal Ministry on Law, Justice and Parliamentary Affairs whether creation

of such a special unit requires a new legislation.

 

Mr.

Jawad Zareef’s visit to the GHQ

The Foreign Minister of Iran calling Gen.

Raheel Sharif at the GHQ on April 09, 2015 ¹⁷

The Iranian Foreign Minister, Mr. Jawad Zareef’s visit to the GHQ to meet with

the COAS on April 09, 2015 affirmed the latter’s growing international role,

a regular feature for Pakistan’s civil-military relations, particularly since

November 2014. ¹⁸

In what has become a pattern of sorts for visiting foreign

dignitaries, Mr. Jawad Zareef held separate meetings with both the Prime Minister

and the COAS during his visit.

PILDAT, while apprehensively noting this developing trend,

recommends that apart from the presence of the Prime Minister’s Advisor on National

Security and Foreign Affairs, or the Federal Minister for Defence during a foreign

civilian dignitary’s interaction with the COAS, the practice of coordinated,

rather than separate meetings should be established.

 

Alternate

‘Realities’ on Balochistan

Ms. Sabeen Mahmud, the Director

of T2F who was murdered on April 24, 2015. ¹⁹

Balochistan

made headlines once again in the month of April 2015 both in the context of

the insurgency in Balochistan and the alleged role of the security agencies

in muzzling what is being termed as curbing of the freedom of speech on Balochistan.

Consider for instance the case of cancellation of Seminar on

Missing Persons organized at the Lahore University of Management Sciences (LUMS).

The organisers of the seminar, the Humanities and Social Sciences Department

of LUMS, have whispered, though not fully confirmed, that the seminar titled

Unsilencing Balochistan to be held at the LUMS on April 9, was cancelled,

ostensibly at the behest of officials of an Armed Forces’ intelligence

agency. It was a part of a series titled Remapping Justice: On Human Rights

in Pakistan, aiming to analyze Pakistan’s law and the human rights

situation in the country. The panel, completely stark in its composition of

only representing one side of the narrative on insurgency in Balochistan, a

narrative which is not supported by Pakistan’s State, Federal Government and

Security Agencies, consisted of Mama Qadeer, the Chairman of Voice of Baloch

Missing Persons (VBMP), as well as Ms. Farzana Baloch, General Secretary of

VBMP; Mr. I. A. Rehman, Director Human Rights Commission of Pakistan (HRCP);

Mr. Aasim Sajjad Akhtar, an academic and activist; Mr. M. M. Ali Talpur, a columnist;

Mr. Sajjad Changezi, an activist associated with Alif Ailaan, and Mr. Rashid

Rahman, Chief Editor of the Daily Times.

Horrifying in itself, the Turbat Massacre on April 11 which

resulted in the killing of 20 non-Baloch labourers, with the responsibility

claimed by the Baloch Liberation Front (BLF), generated another controversy

when the FC claim of killing of 13 militants belonging to the BLA involved in

Turbat massacre were refuted by Mama Qadeer who claimed that 5 of the 13 suspects

killed by the FC had been missing for the past few months.²⁰ Note

here again that the narrative of the State Security apparatus commended the

FC and civilian Law Enforcement Agencies (LEAs) for improved law and order in

Balochistan, along with warning ‘ foreign states, int (intelligence)

agencies against trying to destabilize Pak (Pakistan) by supporting

the terrorists in Bln (Balochistan).²¹

In another condemnable and unfortunate turn of events, the

murder of Ms. Sabeen Mahmud, Director of The Second Floor (T2F) in Karachi,

led to social media ablaze with blame to the security agencies for her murder.

It was alleged that her voice was silenced as she was murdered in the context

of organizing the talk Unsilencing Balochistan Take 2: In Conversation with

Mama Qadeer, Farzana Baloch & Mir Mohammad Ali Talpur. Note again the

divergence of narratives as the DG ISPR, condemning Ms. Mahmud’s murder, said

that ‘Int (Intelligence) agencies been tasked 2 (to) render

all possible assistance 2 (to) investigating agencies 4 (for)

apprehension of perpetrators & bring them to justice‘ ²².

Later developments in the murder case reportedly point to capture of the suspected

killer who maintains that the murder was an act to discredit Pakistan’s security

institutions to benefit Balochistan’s separatist movement. ²³

There can be more than what meets the eye on Balochistan. It

is a classic case of the prevailing disconnect on civil-military relations.

Neither the