Optics
of Civilian Deference: Prime Minister and COAS’s Visit to Quetta
From Left to Right: Senior Provincial Minister Balochistan,
Mr. Sanaullah Zehri, Chief Minister Balochistan, Dr. Abdul Malik Baloch, COAS
Gen. Raheel Sharif, Prime Minister Nawaz Sharif and Governor Balochistan, Mr.
Mohammad Khan Achakzai inspecting a Guard of Honour in Quetta [1]
If a picture is worth a thousand words,
nothing depicts better the state of our civil-military relations and the ascendancy
of military in national affairs than the above picture with the COAS in the
middle, flanked on the one side by the elected Prime Minister of Pakistan and
on the other the elected Chief Minister of Balochistan. The photo was taken
on the occasion of the meeting to review progress on the implementation of the
National Action Plan (NAP) in Quetta on February 18, 2015.
As if a thousand words picture was not
enough, the media quoted that the Prime Minister ‘felicitated’ Gen. Sharif for
arranging a gathering that saw ‘notables’ of the province come together, and
lauded their efforts for the prosperity of Balochistan. [2]
A meeting of Balochistan’s Apex Committee
was also held on the same day (the third since its formation) at the Governor
House Quetta, [3][4] with the Press Release issued by the Prime Minister’s
office replete with statements such as ‘It is good that the Army and the
Government are on the same page and assisting each other’ and ‘the
whole nation must feel that both the civil and military leadership are on the
same page‘.[5]
The over-emphasis on reporting the location
of the ‘Government’ and the ‘Army’ on the same page conveys the incorrect
impression as if the Army works independently of the Government. Sub-clause
(1) of Article 243 of the Constitution states that the ‘Federal Government
shall have control and command of the Armed Forces‘. However, statements
by the Prime Minister’s office such as ‘the Army has endorsed
the NAP’ [6] clearly undermine the Constitutional position of
the elected Government.
Both the Prime
Minister and the COAS also attended the passing-out parade of the first batch
of the newly created Special Combat Unit, an anti-terrorist force, trained by
the Pakistan Army on February 19, 2015 in Quetta.[7] Balochistan
is the second province that has formed such a force after Punjab.
Security
Policy Formulations by the COAS: Meeting of Sindh’s Apex Committee
Prime Minister Nawaz Sharif flanked by former President Mr.
Asif Ali Zardari, COAS, Gen. Raheel Sharif, Governor Sindh, Dr. Ishratul Ibad
Khan, and Chief Minister Sindh, Syed Qaim Ali Shah, MPA, at the meeting of the
Apex Committee of Sindh held on February 16, 2015 at Governor House, Karachi
[8]
Signaling further overreach by the Army into security policy
formulations, Gen. Raheel Sharif called for appointments in Sindh through the
Provincial Apex Committee, the de-politicization of the Sindh police and ‘apolitical
responses‘ without the considerations of ‘political expediency‘,
in fighting crime in Karachi[9] on February 16, 2015.[10]
PILDAT has already commented on the formation
of the Provincial Apex Committees (CMR Monitor for January 2015), noting that
no circular or notification was issued either by the four Provincial Governments,
or the Federal Government, except for ISPR’s Press Release notifying their formation.[11]
Initially, it was believed that the Committees
would act as a consultative-cum-coordination forum, but the call for appointments
in Sindh through the Committee signals more of a decision-making role. The Federal
Government, for the sake of institutional clarity, should formalize the Committees’
Terms of Reference through an official notification.
Additionally, given that the Prime Minister
was also present in Sindh’s Apex Committee meeting, policy statements coming
only from the COAS, indicate the growing assertion of the military’s political
role.
Sadly, the police
service of Sindh has been consistently deteriorating initially due to the policies
of the Federal Government during the military dominance under Gen. Zia ul Haq
and later Gen. Pervez Musharraf, and due to political expediency and poor governance
notably political recruitment, posting and transfers in police by various Sindh
governments. Rangers have been on the law and order duty in the province for
the last two decades and this has also contributed to now a well-established
culture of dependence in the police.
Reported
formation of Zonal Security Committees to be headed by Army Officials in Sindh
Chief Minister of Sindh, Syed Qaim Ali Shah, MPA chairing
a security meeting at the Chief Minister’s House[12]
According to media reports, [13] a decision
was taken at the Apex Committee of Sindh’s meeting on February 16, 2015 to divide
the province into three Zonal Security Committees to ensure the effective implementation
of the National Action Plan. The Zonal Security Committees to be formed are:
- Karachi Zone: Headed by DG Pakistan
Rangers (Sindh), Maj. Gen. Bilal Akbar.
- Hyderabad Zone: Headed by General
Officer Commanding, 18th Infantry Division, Hyderabad, Maj. Gen. Muhammad
Abdul Aziz.
- Sukkur Zone: Headed by General Officer
Commanding, 21st Artillery Division, Pano Aqil, Maj. Gen. Shahid Mahmood
Kayani.
Apart from the Army officials, the Zonal
Committees would also comprise the civilian district management, including the
relevant police officials.
However, no notification has been issued
by Provincial Government of Sindh for formation of these Committees, with Chief
Minister Syed Qaim Ali Shah, MPA, stating during a press conference on February
28, 2015 that ‘no decision has been made in this regard’ and that the
‘provincial authorities were in contact with Rangers and intelligence agencies and
the matter of Zonal Apex Committees would soon be settled ‘.[14]
Importantly, if the formation of Zonal
Security Committees is indeed agreed upon, this signifies the added duties of
the Army in ensuring the internal peace and security of the province, a responsibility
for which the Government has increasingly relied upon the Rangers Sindh, instead
of the province’s police force.
Promulgation
of the Pakistan Army (Amendment) Ordinance, 2015
The President, on the advice of the Prime Minister, and
a summary moved by the Ministry of Defence, signed the Pakistan Army (Amendment)
Ordinance, 2015 on February 25, 2015.[15]
The law’s promulgation shows the Government’s
lack of preparation in drafting the Pakistan Army (Amendment) Act 2015 and the
21st Constitutional Amendment, 2015, albeit many consultations preceded it,
only a month after their passage. Of particular importance was Article 2C of
the Ordinance which states:
The convening authority or the court
constituted under this Act may, make such orders or take such measures, like
sitting in camera, not publishing the names of court officials etc., as it deems
fit, within available resources, for the protection of witnesses, President,
members, prosecutors, defending officers and other persons concerned in court
proceedings for an offence under this Act, as may be prescribed.[16]
This means that Military Courts can choose
to carry out closed proceedings at their discretion, raising concerns about
transparency in the workings of an ad-hoc judicial mechanism.
The Ordinance grants greater powers to
carry out closed proceedings to the Military Courts in comparison to those conferred
upon the Special Courts established under Section 8 of the Protection of Pakistan
Act, 2014. Under the latter, a Special Court can only carry out closed proceedings
when ‘an application is made by the prosecution
on the ground that the publication of any evidence to be given or of any statement
to be made in the course of the trial would be prejudicial to the public safety‘.[17]
However, no such qualification is required for closed proceedings of the Military
Courts.
Interestingly,
under Section 44 of India’s Unlawful Activities Prevention Act, 1967, which
is one of India’s primary anti-terrorism legislations, ‘Notwithstanding
anything contained in the Code, the proceedings under this Act may, for
reasons to be recorded in writing, be held in camera if the Court so
desires’.[18] Then again, even if it is at the Court’s discretion
to carry out closed, or in-camera proceedings, it has to record its reasons
in writing for doing so.
Growing
International Role of the COAS
COAS Gen. Raheel Sharif meeting Afghan President Dr. Ashraf
Ghani in Kabul on February 17, 2015[19]
Following high profile visits of the COAS to the United
States in November 2014 and to the United Kingdom and China in January 2015,
the international role of the COAS continued to grow as he undertook a visit
to Afghanistan – his second since being appointed the COAS – and received the
Turkish Prime Minister and the Foreign Minister of China at the GHQ during February
2015.
Of particular significance was the COAS’
Afghanistan visit on February 17, 2015 where he met not only President Dr. Ashraf
Ghani but also the Afghan Chief Executive Officer, Mr. Abdullah Abdullah. According
to DG ISPR’s tweet, both President Ghani and Mr. Abdullah ‘appreciated the
improving relations [between Afghanistan and Pakistan and] pledged
to continue ops [Operations] on respective side’. [20]
According to a Press Release issued by
the Prime Minister’s Office on February 23, 2015, President Ghani also called
Prime Minister Nawaz Sharif to ‘reaffirm that bilateral relations between
the two countries have been strengthening with each passing day‘ and ‘also
thanked the Prime Minister for sending Chief of the Army Staff to Afghanistan,
which he said helped in further strengthening bilateral ties’.[21]
The month of February 2015 saw the media
abuzz with reports that Pakistan military’s leadership was making attempts to
facilitate a dialogue process between the Afghan Government and the Afghan Taliban.
Interestingly, the Army has not denied the reports, rather stating via a Press
Release issued on February 19, 2015 that ‘Pakistan has always supported
such process, and re-emphasized it to be absolutely transparent, Afghan
owned and Afghan led’.[22]
These developments
also coincided with the DG ISI, Lt. Gen. Rizwan Akhtar’s official visit to the
United States at the invitation of CIA Chief Mr. John Brennan. The visit lasted
from February 23 – 26, 2015.
No
Meeting of the National Security Committee (NSC)
The month of February 2015 again saw the continuation of
the trend of not utilizing the forum of the NSC for discussion on crucial issues
relating to the national security. It is worth repeating that the last meeting
of the NSC was held more than 4 months ago, on October 10, 2014. The October
2014 meeting was also held after a gap of six months.
Keeping in view that February 2015 saw
a flurry of activity by the civil and military leadership on the implementation
of the National Action Plan (NAP), including three meetings of the Provincial
Apex Committees (one each for Punjab, Sindh and Balochistan), it was as if the
Government had forgotten about the NSC, instea
1. Picture courtesy the Daily Times, February 19,
2015.
2.
For
details, please see No one should take NAP credit alone: PM, The Nation, February
19, 2015, as accessed on March 09, 2015 at:
http://nation.com.pk/national/19-Feb-2015/no-one-should-take-nap-credit-alone-nawaz
3.
The meeting, chaired by the
Prime Minister, saw participation from the Federal Minister for Defence, Khawaja
Muhammad Asif, MNA; Chief of Army Staff, General Raheel Shareef; Federal Minister
for Railways, Khawaja Saad Rafeeq, MNA; Minister of State for Petroleum and
Natural Resources, Jam Mohammad Kamal, MNA; Chief Minister Balochistan,
Dr. Abdul Malik Baloch; Governor Balochistan, Mr. Mohammad Khan Achakzai; Commander
Southern Command, Lieutenant General Nasser Khan Janjua, Senior Minister and
PML-N President for Balochistan, Sardar Sanaullah Zehri, MPA; Balochistan Home
Minister, Mir Sarfraz Bugti, MPA; Former Prime Minister Mir Zafarullah Khan
Jamali; Chief Secretary Balochistan, Mr. Saifullah Chattha; Home Secretary Balochistan,
Mr. Mohammad Akbar Durrani; Inspector General Police Balochitsan, Mr. Mohammad
Amlish, Inspector General Frontier Corps Balochistan, Maj. Gen. Sher Afghan.
For details, please see the Prime Minister’s Office’ Press Release on February
18, 2015 titled PM for accelerating pace on NAP, as accessed
http://pmo.gov.pk/press_release_detailes.php?pr_id=800
4.
For details, please see No
one should take NAP credit alone: PM, The Nation, February 19, 2015, as accessed
http://nation.com.pk/national/19-Feb-2015/no-one-should-take-nap-credit-alone-nawaz
5.
For details, please see the Prime Minister’s Office’ Press Release on February
18, 2015 titled PM for accelerating pace on NAP, as accessed
on March 08, 2015 at:
http://pmo.gov.pk/press_release_detailes.php?pr_id=800
6.
Ibid.
7.For
details, please see PM says victory against terrorists will require months of
struggle, Dawn, February 20, 2015, as accessed on March 08, 2015 at:
http://www.dawn.com/news/1164743
8.Picture
courtesy Dawn, February 17, 2015.
9.The
DG ISPR on behalf of the COAS issued the statements at the occasion of the meeting
of the Provincial Apex Committee of Sindh, also attended by the Prime Minister.
For details, please see the tweet issued by DG ISPR Maj. Gen. Asim Saleem Bajwa
on February 16, 2015, which can be accessed at:
https://twitter.com/AsimBajwaISPR/status/567257506540290048
10.
The exact text of the tweet
issued by DG ISPR, Maj. Gen. Asim Saleem Bajwa on behalf of COAS Gen. Raheel
Sharif on February 16, 2015 can be accessed at:
https://twitter.com/AsimBajwaISPR/status/567258307874660352
11.For
details, please see PILDAT’s monthly monitor on the Civil-Military relations
of Pakistan for the month of January 2015, which can be accessed at:
12.
Picture courtesy the Pakistan Peoples Party’s media cell as issued on March
14, 2014
13.
For details, please see Failure
in fight against militancy is not an option, Dawn, February 16, 2015, as accessed
http://www.dawn.com/news/1163964
14.For
details, please see Sindh Government reluctant in implementing Apex Committee’s
decision, Pakistan Today, February 28, 2015, as accessed on March 08, 2015 at:
http://www.pakistantoday.com.pk/2015/02/28/national/sindh-govt-reluctant-in-implementing-apex-committees-decisions
15.For
details, please see Pakistan Army Act (Amendment) Ordinance, 2015, Daily Times,
February 24, 2015, as accessed on March 08, 2015 at:
16.The
complete text of the Pakistan Army (Amendment) Ordinance, 2015, titled No. 1
of 2015, can be accessed from the Ministry of Law, Justice and Human Rights,
Pakistan website at the following:
http://molaw.bizz.pk/www/UY2FqaJw-apaUY2Fqa-apaUY2FraJs%3D-sg-jjjjjjjjjjjjj
17.The
full text of the Protection of Pakistan, Act 2014 is available for download
at the website of the National Assembly of Pakistan at the following address:
http://www.na.gov.pk/uploads/documents/1404714927_922.pdf
18.The
complete text of the Unlawful Activities Prevent Act, 1967 of India can be downloaded
at:
http://www.nia.gov.in/acts/The%20Unlawful%20Activities%20
(Prevention)%20Act,%201967%20(37%20of%201967).pdf
19.
Picture courtesy tweet of DG ISPR, Maj. Gen. Asim Saleem Bajwa on February 17,
2015 which can be accessed at:
https://twitter.com/AsimBajwaISPR/status/567714461490765825
20.For
details, please see the DG ISPR, Maj. Gen. Asim Saleem Bajwa’s tweet on February
17, 2015, which can be accessed at:
https://twitter.com/AsimBajwaISPR/status/567709112540991488
21.