The 21st point: Overhaul the state

Note: This article was completed on December 31st, 2014, and was originally posted on this Blog in January 2015.

Presently there is happening quite a serious debate on the 20 points envisaged in the National Action Plan. Its thrust is on two points:

i) All these measures should have been in their place since long as a matter of routine, probably from the day first when Pakistan came to exist; and,

ii) Due to the past negligence of the governments, doubts and questions are being raised about the efficacy of these measures.

The argument the present writer aims to make is a bit different; he wants to propose a 21^st point to be added to the NAP, which focuses on overhauling the state. Let’s be precise in judging: It’s the state that played havoc with the society of Pakistan, and now it needs to be back to the basics!

First and foremost: The politicians of Pakistan should stop behaving like Haakim and Ashraaf; they are empowered by the vote of people and are bound to act in accordance with the provisions of the constitution; they are the same citizens albeit with certain responsibilities and duties with which strings of accountability are attached.

The citizens of Pakistan while they participated in the Lawyers’ Movement learnt about: Constitutionalism; Rule of Law; Fundamental Rights; Independence of Judiciary: these must materialize into reality. That amounts to minimizing the role of the politicians which they exert on the society and market through various instruments of the state and government; and that will strengthen and enhance the civil society and its role in the life of the citizens.

There are two domains wherein an urgent overhaul is required: Political and Economic. In the political domain, following practical measures are needed:

i) The role of the state be redefined as a protector of the citizens life, property and their freedoms and not as an institution of welfare, and not as a proprietor of Business; 

ii) Constitutionalism should be the only way to run the affairs of the state; 

iii) Top priority be given to the protection of all the citizens’ life, property and their fundamental rights; especially the right to religious freedom be ensured to every citizens whatever his/her faith is; 

iv) Institutions and agencies responsible to dispense justice and extend protection to the citizens, such as Police, Courts, be made autonomous and accountable to the parliament or the provincial assemblies as the case may be; 

v) Civilian authority be retrieved and restored both in letter and spirit; formulation of defense and foreign policies constitutionally rests with the elected government and parliament, these should go back to them; as in accord with the constitution the Army has nothing to do with any other matters save related to its professional duties, it must confine itself to the role assigned by the constitution; also not only the Army but all the intelligence agencies be made accountable to the parliament; 

vi) Any interference in the matters of the state and its institutions whether it comes from the political or military quarters be not heeded to in the least and violators be brought to the book; 

vii) Judiciary be completely made independent financially and in matters of its appointments especially; 

viii) All the institutions of the state, such as Election Commission, National Accountability Bureau, be made autonomous absolutely impervious to any external influence; 

ix) In the matters of Army’s and Bureaucracy’s appointments, posting, transfers, promotions, Prime Minister’s, or any minister’s prerogatives be done away with, and the principle of merit and seniority strictly be followed; 

x) All the legislation regarding the citizens’ right to information be it at the federal or provincial level is a farce; in fact all the information regarding the affairs of the state and government belongs to the citizens; why should they pay and be asking for it; so it be posted on the respective websites for their examination; 

xi) The role of all the elected representatives be confined to the matters of legislation and they should enjoy no other status or powers; no funds, be it for development or for any other purpose, be given to them; 

xii) Foreign visits of state and government officials be drastically curtailed; no visit be allowed without prior budget sanction; 

xiii) It be legislated that only professional politicians could contest and become elected representatives, and no one doing or having any business interests could join politics and government.

In the domain of Pakistan’s economy, following radical reforms need to be introduced: First and foremost: The state must come back to its original protective function and focus on its regulatory and facilitatory role and be doing no business at all. 

i) All the lands gifted/allotted by the British to anyone be taken back and distributed to landless peasants and homeless citizens under a uniform policy; 

ii) All the monetary privileges and tax exemptions be abolished;

iii) All the discretionary powers, discretionary or secret funds be stopped; 

iv) All the state enterprises be privatized be they incur profit or loss; 

v) As growth is a function of citizens’ entrepreneurial efforts, and state or government creates not a single penny of wealth, this be adopted as a guiding principle while formulating any economic policies; 

vi) As in its role of a taxman, the state by heavily taxing can hamper the economic growth, so it must commit itself to the principle of lower and flat rate taxes; 

vii) As a regulator, the state should commit itself to the principle of regulation for facilitation, not for control; 

viii) All the restrictions on domestic or international trade be lifted; it’s for the producers/traders to see and decide where to export to and where to import from; 

ix) In the spirit of a slim, smart and strong state, unnecessary ministries, departments, etc. be downsized or done away with altogether; 

x) As the state machinery, i.e. departments of the state which collect tax or render various services, such as permissions, licenses, has become an enemy of the people, a complete overhaul of it is long due; with an iron hand it be made citizen-friendly; 

xi) All the accounts of the state be posted on the respective websites and even a single penny be accounted for, i.e. political and economic parasitism must come to an end.

Charter of Democracy’s half truth

As the Pakistan Tehreek-e-Insaf and Pakistan Awami Tehreek launched this August 14 their “Azadi March” and “Inqilab March” respectively, and then undertook the Sit-Ins (Dharnas) in Islamabad; day by day it was increasingly perceived as a deadly threat to political constitutional set-up prevailing in the country. With worsening law and order situation in the capital including the fears of occupation of state buildings by the marchers, the fear of military intervention loomed large on the political horizon. However, in the face of it something very surprising took place: All the political parties sitting in the parliament reposed and reiterated their complete confidence in the current political set-up, including the government, rejected the marchers’ calls for prime minister’s resignation, dissolution of national and provincial assemblies, and holding of mid-term elections. More to it, bar associations and civil society organizations throughout the country supported the cause of the continuation of the current political constitutional set-up. Finally the Supreme Court also judged that all the institutions and authorities of the state must work remaining within their constitutional domains.

That’s unprecedented for the long checkered polity of Pakistan. Somehow all the political elements, except the protesting ones, out of which the PAT has no representation in the parliament, have put their weight on the side of the constitution ruling out any military adventure. Symbolically, it’s the victory of the Charter of Democracy, which Nawaz Sharif (Pakistan Muslim League-N) and Benazir Bhutto (Pakistan Peoples Party) signed in May 2006. However, it is strictly a political victory, which may or may not translate into something concrete for the individual citizens of Pakistan.

A look at the Charter of Democracy may reveal the political contours of the tale: It lists the following maladies that afflict Pakistan: Political crisis; Threats to its survival; Erosion of the federation's unity;  Military's subordination of all state institutions;  Marginalization of civil society; Mockery of the Constitution and representative institutions; Growing poverty, unemployment and inequality; Brutalization of society; Breakdown of rule of law; and, Unprecedented hardships facing our people under a military dictatorship.

After listing the afflictions, the Charter of Democracy proposed an “alternative direction” for the country characterized by the following: Economically sustainable; Socially progressive; Politically democratic and pluralist; Federally cooperative; Ideologically tolerant; Internationally respectable; Regionally peaceful; and, Resting of the sovereign right with the people to govern through their elected representatives.

In no way, anything agreed in the Charter of Democracy by the two larger political parties related to any aspect of the fundamental rights of the individual citizens of Pakistan. Revisit the Charter of Democracy and note its essential political character, which may be interpreted if not in an anti-citizen manner, necessarily not in a pro-citizen way either. Hence, what the Charter of Democracy agreed at achieving in 2006, it has achieved at this moment a substantial political part of it in 2014. Notwithstanding the fears that the rallying of the major political parties behind the demands of the constitutional rule and continuity, and against the PAT / PTI’s calls of winding up of the political system may evaporate tomorrow or day after tomorrow.

In view of the above analysis, every sane person would love to support the present constitutional political set-up and its continuation; however, at the same time he may wish it translate into the realistic availability of the fundamental rights for each and every individual. As the Supreme Court has observed (August 22): If the protesters are exercising their rights; other citizens’ too have their rights, which must not be encroached by them.

Now, it may be summed up that Charter of Democracy is half the Truth for the individual citizens; the other half of the Truth lies in another charter, a charter of individual citizen’s fundamental rights. It was this spirit in which I responded to the Charter of Democracy, and wrote a Charter of Liberty in September 2007, which sought to present a solution to the myriad problems and unimaginable sufferings faced by the ordinary people of Pakistan. The Charter of Liberty presented not only a critique of the Charter of Democracy but also offered an independent Charter of Liberty for individual citizens so that their personal freedom and fundamental rights may be secured.

In contrast to The Charter of Democracy’s Political Spirit which has manifested itself now in a constitutional consensus across the political horizon, The Charter of Liberty tries to imbibe the Individual Spirit which permeates the fundamental rights and their daily formulations in various situations. The individual citizens must rise to the occasion so that they are able to secure their personal freedom and fundamental rights against the onslaught of the unruly political elements.

Here are some of the demands, the Charter of Individual Citizens’ Fundamental Rights includes: We the individual citizens of Pakistan hold: That of all freedoms, individual freedom is of foremost importance; and that without it, all freedoms, be they political, economic, religious, etc., are useless; That without individual freedom, Pakistan can never be transformed into a virtuous society since it is individual freedom that allows people to make choices on their own and thus to be responsible for their choices and their consequences also; That the above amounts to saying that every individual citizen is endowed with certain inalienable rights such as right to life and liberty; That every individual citizen is free to pursue a life of his choice and liking until and unless he trespasses on such freedom of other individual citizen/s; That in the case of any trespassing, the trespasser, be it a citizen or a group or a political party or an institution or government itself, is to be dealt in accordance with the law.

That the inalienable rights include among other things the freedom of speech and writing, freedom of assembly and association, freedom of professing and practicing any philosophy, ideology, religion etc. and freedom of propagating it by peaceful means only; That the inalienable rights include freedom of movement, freedom of trade, freedom of business, freedom of profession, etc. That amounts to saying that the only justified function of government is to protect its citizens life, their income and property, and their rights and freedoms from those who seek to usurp them be they are local or foreign individuals, groups of individuals, political parties, or institutions or government itself.

That, if there is no rule of law, and no independent judiciary, even a parliamentary government can never come up to the expectations of its citizens, i.e. cannot protect their life, liberty and property; and, That without an independent judiciary, justice can never be accessible to each individual citizen, and a just society can never be created. Thus, through this Charter the citizens’ Fundamental Rights not only in the political realm but in daily life situations, as is happening in Islamabad and elsewhere, may also be secured.

Note: This article was completed on August 25 and was originally posted in September 2014.