Is keeping assets abroad criminal?

This April a bill was submitted in the National Assembly which is yet another attempt to make the citizens of Pakistan "loyal" to it. The bill seeks to amend the Article 63 of the Constitution – an article that sets the criteria for the members of parliament and provincial assemblies. The bill requires that any person who holds dual nationality and owns bank accounts and assets in countries other than Pakistan will not be able to be a member of the parliament and provincial assemblies as well as public service, both civil and military. It ensued from the womb of Muslim League (Q). Leaving aside the doubts whether it is part of a political ploy or a trick of political blackmailing, the bill needs to be examined on its merits.

This article does not aim to dwell on the issue of dual nationality. The same restriction already existed in the Constitution, though the bill means to extend it to the public office holders also. As far as politicians' (and public officials') ownership of and keeping their wealth in foreign countries is concerned, the media and patriot lobby has since long been there manufacturing the public opinion against it. In fact, such matters came to fore mostly during the military dictatorships when politicians were especially made a target of political victimization. The argument put forward said the loyalty of the leaders to their country who own assets in foreign lands is precarious. Nonetheless, this class of doubtful loyalty with Pakistan has lately come to include generals, judges, and other high-profile officials. The bill does not make a target only of the politicians which had been the common practice in cases of such legislation in the past. 

It is as simple as that – if an ordinary citizen, or a public office holder, or an elected representative owns assets in any other country where he abides by the laws of that country and pays taxes duly, and back home also, then keeping accounts and assets there is his legal and constitutional right. In that case, he cannot be barred from being a member of any elected body and joining public office. Innumerable Pakistanis are already present in foreign countries' elected bodies and public institutions and own assets in both countries of their nationality. For that matter, in Pakistan probably very few citizens of other countries would be found in our elected bodies and public institutions! Doesn't this bill invite other countries to go for a legislation of the same ilk? 

Furthermore, if an elected representative or a public office holder uses his wealth in this or that country in an unbecoming manner and for illegal purposes, such laws already exist which deal with this wrong-doing. As the bill assumes that after its enactment politicians will be discouraged from indulging in corruption, or will not be able to escape political vengeance or legal action rightly or wrongly initiated against them, the same is just a figment. The fact is that many countries have bilateral or multilateral agreements on the extradition of alleged criminals. Also, in addition to the governments of other countries and their powerful elite classes, the relatives, friends and acquaintances of 'victimized' politicians and public office holders will be more than welcoming to them in having them as their 'pricey' guests. The reason for this investment is obvious: the prospects of going up of the value of such "assets," both in political and financial terms, will be hundredfold! 

In its essence, the bill questions the loyalty of elected representatives and public office holders to their country, and as proof of that loyalty instead of demanding from them, it by imposing legal constitutional restriction on them tries to force them from having and keeping their accounts and assets in foreign countries. Is holding accounts, owning property, doing business, and keeping assets abroad a crime? There is no such bar in the Constitution of the country. Then, why should there be such a bar on the elected representatives and public office holders? Does that specific status of theirs deprive them of their natural and fundamental constitutional rights? Will, by putting such a bar on them, they be more loyal to the country? Will, by putting this restriction, their patriotism be increased manifold? 

The factors which strengthen love and loyalty to one's country have nothing to do with such legal and constitutional restrictions. Instead of focusing on those factors, the bill diverts attention from them. In sum, in a time of extreme insecurity, forgoing the need of securing the protection of life, and security of rights and rightly earned wealth and property of its citizens, wherever in this world they own it, the bill seeks to put a narrow-minded and altogether unintelligible restriction on the citizens of Pakistan – the present and would-be elected representatives and public office holders. 

Without any fear of exaggeration, it may be surmised that the bill seems to be ringing the bells of/for another Martial Law! 

Note: This article was completed in August 2011.

Stray reflections on the 68th Independence Day

Note: This article was completed on August 4, 2014. Since then little has changed; this piece is still relevant on this 68th Independence Day. 

Stray reflections on the 67th Independence Day

For the sane in Pakistan the fight is about protecting the values, the humanity has developed in the course of thousands of years, from the political and religio-political witchcraft, which it is intent upon destroying thoughtlessly. How the time-tested values were trashed (and are being trampled even this moment) when Pakistan came into being is a saga of ruthless fights between the politicians continuing to this very day, the August 14.

The greatest deceptive lessons the politicians taught the citizens derive their justification from the misconception that a state may be based on this or that faith, or ideology. That also hints at the infatuation that a theocratic state is a political possibility; whereas history has no such example to show but the only ones which ultimately proved tyrannies and relaxed in political absolutism.

In addition to such ideological adventures, another fever gripped the nation’s mind from the very beginning; that is the notion of an omnipotent welfare state. The politics exclusively revolving around the slogan of such a state gave rise to a state which started feeding itself on the hard-earned money of the citizens. Thus, not only became the state a handmaiden in the hands of every types of criminals under the leadership of politicians, but gradually it turned out to be the cruelest enemy of the citizens of Pakistan itself.

Resultantly, the state of Pakistan became a goldmine for the elite classes, and in order to appropriate the resources which the state happens to possess and generate, there emerged a new class, which the writer has termed as the State Aristocracy (Riyasati Ashrafiya) and which he has elaborated upon in his Urdu book, Pakistan Mein Riyasati Ashrafiya Ka Urooj (The Rise of State Aristocracy in Pakistan). This class of Riyasati Ashrfiya thrives and survives by its capture of the institution of the state and its resources, and use the slogan of democracy to befool the citizens of Pakistan. That is why the Pakistani Riyasati Ashrafiya is thoroughly against constitutionalism, rule of law, and an independent judiciary, and the latest evidence in this regard comes from the Parliament’s efforts to give more powers to the Parliamentary Commission vis-à-vis the Judicial Commission as far as appointment of the judges for the higher courts are concerned.

Despite the emergence of this new class of Riyasati Ashrafiya in Pakistan, the political elites remain divided and at dagger-drawn towards their own tribes. That’s what is happening today in Islamabad. It’s actually a ruthless fight to capture the state of Pakistan. But why does this fight continue even after about 7 decades have seen Pakistan go from bad to worse? What’s wrong with Pakistan, and its political elites or the new class of Riyasati Ashrafiya?

Philosophically, the chronic cancer may be diagnosed and explained thus: whenever any size of community forms, in order to live together the members of it agree to follow certain values, i.e. sort of a code of conduct. Never ever any community did come into being on the basis of a faith or an ideology. It was always an agreement or a contract to abide by certain values and rules which with the passage of time were abandoned; and what remained to be followed and imposed by this group on that group had only the semblance of a faith or an ideology leaving its moral core behind to rot. This complex phenomenon may be simplified by proposing that the abandonment of moral principles or values or rules of conduct served the interests of the elite classes who and/or their cohorts, without conspiring, politicized the faith or ideology of their community to perpetuate their rule and appropriate the resources of the kingdom or the state they happened to rule. The same took place when the state of Pakistan was instituted in 1947 on this day of August 14.

Integral to this is another proposition: When a community forms together, it invests certain persons with powers to give protection of life, property, and personal freedom to each and all of its members without any discrimination. Also, part of this function is the provision of justice and that to all equally. That is what comes to be instituted and known as a state. From the day one, Pakistani citizens were bereft of this protective role of their state and to this moment remain so. Their life, property and personal freedom are more than ever vulnerable today to the whims both of state and non-state actors. The ordinary Pakistani citizens were never that insecure in Pakistan as the present day Pakistan has forced them to be!

All the more reason to despair today is that the same political elite which is ruthlessly fighting for the capture of the state of Pakistan is exhorting the ordinary citizens, and spending millions to celebrate the Independence Day! What is there to celebrate? Celebrate the state of Pakistan, which has badly failed in protecting its citizens’ person and property and their personal freedom! Or celebrate the thoughtless fight for the capture of the state of Pakistan?

Must we ask what is there to celebrate on this 67^th day of independence? What did we achieve through these 7 decades? Should we celebrate that chronic disease called Disagreement, or the Lack of Consensus? Ji, that lack of consensus between the political elites which did not allow a constitution take shape and secure Pakistani citizens their constitutional freedoms during the first 25 years or so after Pakistan was established. For the next 40 years, the citizens knew they had a constitution, but never enjoyed the security of their person, property and personal freedom.

Instead, what the ordinary citizens witness today is that despite the existence of a constitution which is verily in enforcement, certain political elites are adamant to give it up for an Anti-Constitutional Revolution which will make them capture the state of Pakistan! That means Pakistan virtually has no constitution to run the state of Pakistan. The fight for the capture of the state is still raging on the 67^th Independence Day. It is the political elites which are demeaning the state and the constitution of Pakistan. That delivers a message for the citizens of Pakistan to heed: Demean the political elites! They are their culprits!

The Political Kingdom of Pakistan

The Government of India Act 1935 declared “Pakistan” only as an independent dominion. Then in the constitution of 1956, the state was named as the “Islamic Republic of Pakistan.” However, when the constitution of 1962 was promulgated, the state of Pakistan found a new name, “Republic of Pakistan” with the prefix “Islamic” dropped. The same was restored to its original position in 1963. Down the road, the constitution of 1973 retained this nomenclature for the state of Pakistan; so the name resonates to this day.

But one question has perennially been raising its head through the 7 decades of the history of Pakistani state: Did this naming, renaming, i.e. conversion and neutralization of the state of Pakistan make any difference to the life of the ordinary citizens of Pakistan? Has the politics which produced, abrogated, suspended or put in abeyance these constitutions been able to provide the ordinary citizens with what a state is in any case is required to provide them with as its first and the foremost duty? Did the state of Pakistan regardless of its nomenclature protect life and property of its citizens? Did it help them live a life of their choice? Did it help them live in freedom? Did it help them realize their dreams?

The answer to all such questions is a big and desperate NO! In fact, from the very beginning, the politicians set to build a kingdom of their own. This was despite the controversy which entrenched its feet even earlier than the death of the Father of the Nation. This controversy survives to this day and revolves around the crucial question concerning the nature of the state of Pakistan, i.e. what kind of a state Muhammad Ali Jinnah wanted Pakistan to be? After about 68 years, this question is being debated probably more forcefully now than in the early days. What is strange and rather magical is that both the politics and polity of Pakistan are oblivious of that debate; what little difference it could make and made may be seen written in the constitution and other books of laws, which are again have nothing to do with the real day-to-day life of the ordinary citizens.

How this political kingdom came to be established is a long-winded story which may be summarized thus: Political parties monopolized politics by politically enslaving their workers, sympathizers, and voters; this they do by inculcating in them personality cult of their leaders; the political leaders in their power politics never espouse any values and principles and these characterizations of their politics trickled down not only to their lower cadres but found a fertile soil in the populace also; political parties solely focus on their own party interests (read personal agendas of their leaders) and they never think of political evolution of Pakistan which is borne out by the unfinished debate about the nature of the state of Pakistan; political parties divided the country into their political principalities (read geographical delimitation of vote banks) and use them as the support-base of their political kingdom; political parties use all of their politics just to keep their hold intact on their political principalities so that they are always able to seize political power; political parties always befool their workers and voters under the guise of deceptive slogans which never come to serve the interests of the people; political parties always opt for the politics of non-issues such as problems of personality, family, larger and bigger shows and processions, etc; political parties never do the politics of real issues which the people miserably face daily; they never tell the people how they would be taxing them and regulating their life, and how they would be spending their tax-money; etc.

No doubt, if one deciphers that manual of Paki political parties some of the rules of which have been listed above, one may see how the political kingdom was built and maintained, and how it perpetuates. All this trickery is performed under the pseudonym of Democracy. This magical democracy provides politicians with alibis to violate morality, rules and laws and social values. It is this character of the political kingdom which this specialty of the politicians explains well: they live, behave and act like kings and princes with no fear of accountability; they submit to no rules and laws; whenever such a fear takes shape, they would manipulate the relevant rules and laws; they put themselves above all rules and laws and morals, and in their ultimate existence they are law unto themselves.

This political kingdom of Pakistan seems like a fantasy, but it’s more than real. Its existence was very much noticeable a few weeks earlier when the Azadi and Inqilab Marches of Pakistan Tehreek-e-Insaf and Pakistan Awami Tehreek respectively were making headlines in the newspapers and TV channels. Actually this political kingdom has no vital and reciprocative relation with the ordinary citizens; it descends down only when it is in an emergency in the face of challenges (read threats) from the elements external (read security establishment) to it; but this kingdom’s ambivalent relationship with the security establishment is too obvious to be legitimized; it needs to be understood in the context of a power tussle, and not in the context of what the constitution of the country dictates. That highlights the unconstitutional character of this political kingdom.

It is in this perspective that the politics of all the political parties needs to be explained and understood. No matter it is Muslim League-N, Peoples Party, Muslim League-Q, PTI, Jamat-e-Islami, Awami National Party, Jamiat-a-Ulema-e-Islam-F, or others, all of them are part and parcel of this political kingdom. And a kingdom can never be devoid of intrigues and conspiracies on the one hand, and treacheries and betrayals on the other; that is what History tells. Who’s a friend today may be an enemy tomorrow, i.e. the parties which support democracy today may be undermining it tomorrow. Asif Ali Zardari who is standing with Nawaz Sharif today may be abandoning him tomorrow in his bid to conquer back PPPP’s principality in the province of Punjab. It’s a political kingdom, where nobody knows what’s going to happen the next moment; it’s not a constitutional state, where whatever is going to happen tomorrow is constitutionally predictable!

This article was completed on October 13, 2014, and was originally posted in November 2014.           

Hopeless in Pakistan

The cities and suburbs of Pakistan are bursting with millions of teeming citizens, old and young, men and women and children alike. They earn their livelihood by small selling of goods or services which unimaginably involves hard labor with meager income. Or they are employed by private entrepreneurs who have to incessantly struggle against the vagaries of state’s regulators and tax officials. They form the larger chunk of a population of 18 million plus. It is they who cast vote to send a political party in the parliament, but cherish no hope this will ameliorate their life conditions they know from their past experience. This is one side of the picture.

The other side reveals itself in the headlines of the daily newspapers and news channels. One newspaper’s headline reads as: army chief pays morale boosting visit to ISI HQ (Inter-Services Intelligence Headqarters). Another headline says: defense ministry seeks cancellation of Geo’s license. It’s in the wake of a murderous attack on a prominent journalist and Geo News’ popular talk show host, Hamid Mir. He has survived despite six bullets injured him seriously and is under treatment in a hospital. His brother, Amir Mir, a known journalist, allegedly put the blame on the ISI and its head Lieutenant General Zaheer-ul-Islam saying Mir told him he feared they would kill him. One breaking headline news tells ‘Pakistan successfully test fires Hatf-III, a short range ballistic missile.’ Another newspaper highlights Chief of Army Staff, General Raheel Sharif’s visit to the ISI HQ and his statement that ISI is a “strategic institution” and its role is crucial in national security. The murmurs of a martial law are once again making rounds.

This side of the picture presents a state mired in its own internal fights with various institutions at each other’s throats. The same Pakistan Muslim League (Nawaz) which supported the cause of the restoration of the deposed judges is trying to rein in the Supreme Court by trimming the powers of the judicial commission which has an edge in the appointment of judges of the apex and high courts. Then there is Pakistan Army and the ISI which claim to be the uncontested savior of Pakistan. Though, India is no more number one enemy, and has been replaced by Taliban; however, it seems the security institutions are more occupied with the anti-Pakistan elements which in their perception abundantly populate media and civil society, two bastion of public opinion. It may be mentioned that not lately an Urdu feature film, Waar (War) was shot and released with the collaboration of the ISPR, public relations wing of the Army. Also, there is talk of an exclusive television channel for the use of Army to counter the Indian propaganda.

In this picture where do the politicians stand, whom the citizens bring into power? Pertinently this picture lacks the lines and shades of governance, and is blank so far as public provision of justice and basic social services is concerned. Hungry of energy, not only the entrepreneurship is desperate, ordinary life is disturbed. Electricity availability has somewhat improved under this government as compared to the previous one; but the core issues such as circular debt, a stifled market and state’s monopoly over the distribution of electricity are not going to be addressed soon. The scarce natural gas proves to be an apple of discord for which textile, fertilizer and other lobbies vie fiercely.

The present forecasted growth rate is lurking in the range of 3 to 4 %; but IMF puts it at 3.1 %. The average rate of inflation is hovering between 8.5 and 9.5 %. And the budget deficit for the current fiscal year is in the range of 6 to 7 %. As for the infrastructural priorities, the present government is hitting the wrong notes, and its urban sensibility is questionable; the cities are getting huge amounts of money being spent on un-needed projects, such as flyovers in Lahore. The roads in cities and their peripheries and especially in rural areas are in quite bad shape, or there is none at all. Potable water is a dream for most of the people. Healthcare is almost non-existent or do not match the number of patients it targets.

Another area of the picture represents the dismal state of the public transport, which has over the years deteriorated steeply. Not only can be seen crowds of commuters waiting at the bus-stops and buses tightly packed, there are as many traffic jams which consume sufficient number of hours of their life daily. To this must be added the statistics of road accidents killing countless citizens for which ultimate responsibility rests with the government, since rules and laws regulating driving license and traffic on the roads, though written in the books, are never implemented. According to Rescue 1122 service, just within one day 572 accidents were reported from 36 districts of Punjab last year. In this regard, the death statistics is too horrible to see: this April 20, in Sukkur district a collision between a bus carrying about 60 passengers and a trailer took 42 lives, and out of 27 dead 14 were children and 13 women, with 17 others injured.

Additionally, there is terror of the Taliban and other violent groups which on their own contribute to the disfiguration of the state of Pakistan. The government’s recent talks with the Thereek-e-Taliban brought a relief to the ordinary citizens; the frequency of the suicide blasts and indiscriminate killings saw a substantial reduction. But the issue stands unresolved and there is a long war ahead to fight the brunt of which is for the ordinary citizens to bear.

Constitutionally a civilian political government is in driving seat which came to power last year after the first elected civilian set-up completed its five-year stint. However, it appears that the state of Pakistan is not being run by the civil rulers; other encroachers of their constitutional powers, such as security institutions and agencies, are obstructing the way they may want to govern and it is with them that the citizens pin hopes. But the state of Pakistan is entangled in its own fights and this cancer is eating up the resources which may otherwise be utilized to provide the ordinary citizens with protection of life and property, justice and basic social services. That’s the story of the last 67 years. The story is going to be retold if the politicians do not take heart to challenge the actors be they state, i.e. security establishment, or non-state, i.e. Taliban and other violent groups. And if the ruling politicians let the security establishment do what it like, and do not subdue it to play its constitutional duty, they will once again betray the millions of teeming citizens who are living a hopeless life in Pakistan.

Note: This article was completed on April 26, and was originally posted in June, 2014.