Civil-Military Coordination: Positive Developments in Balochistan

Historically, cleavages in civil-military relations in Pakistan have appeared to be the most prominent when it comes to law and order and insurgency in Balochistan. Due to multiple insurgencies in the province, the Military is seen to be heavily involved in stemming the violent unrest.¹ Given also that the maintenance of peace, stability and order is one of the dominant governance-related efforts in the province, there are welcome instances of increasing coordination between the civilian elected coalition Government and the Military leadership. We note with appreciation some of the positive initiatives undertaken in this regard.

‘Pur-Aman’ (Peaceful) Balochistan Package

Honourable Prime Minister of Pakistan unveiling the plaque for the inauguration of the Balochistan Agriculture University, Quetta on August 06, 2015. Chief Minister of Balochistan, Honourable Dr. Abdul Malik Baloch, MPA, Governor of Balochistan, Mr. Muhammad Achakzai, and the Chief of Army Staff (COAS), Gen. Raheel Sharif, can also be seen.²

The Prime Minister announced ‘the Peaceful Balochistan Plan to bring estranged Balochs back into the mainstream’ during a meeting of the Provincial Apex Committee of Balochistan held on August 06, 2015 in Quetta.³ Although not much has been revealed about it in greater detail, ‘the Prime Minister directed to reach out to the people of Balochistan and make them partners in the development process’.⁴

Amnesty Package for Baloch Militants/Separatists

Militants who laid down their weapons under the Amnesty Package, announced by the Government of Balochistan, waving Pakistan’s flag during a ceremony held on August 14, 2015. The Chief Guest at the ceremony was the Commander Southern Command of the Pakistan Army, Lt. Gen. Nasir Janjua⁵

More than 400 militants from various areas of Balochistan laid down their weapons and vowed to shun violence at a ceremony on the 69th Independence Day of Pakistan on August 14, 2015. The Government of Balochistan announced on June 25, 2015 general amnesty for youth laying down their weapons and abandoning violence in the province. According to media reports, the decision to the effect was made during a meeting of Provincial Apex Committee of Balochistan the same day. According to the scheme, ‘small-time fighters’ will be paid Rs. 500, 000, ‘mid-level commanders’ will get Rs. 1 million while ‘top commanders’ will be paid Rs. 1.5 million.⁶

Talks with ‘Estranged’ Baloch Leaders

The Khan of Kalat met with the Senior Minister of the Provincial Government of Balochistan, Mr. Sanaullah Zehri, MPA, in London on August 14, 2015. This was reportedly the first official meeting between the estranged Baloch leader and representatives of the Government of Balochistan since the coalition Government formed after General Election 2013 ⁷

Increased efforts have also seen by the Provincial Government of Balochistan since the Provincial Assembly of Balochistan passed a resolution on September 29, 2014 to constitute an official Jirga to bring back Khan of Kalat Mir Suleman Dawood Jan ‘so he can play a role in restoring peace in Balochistan.’ ⁸ Senior Minister of the Provincial Government of Balochistan, Mr. Sanaullah Zehri, MPA, met with the Khan of Kalat on August 14, 2015 in London to discuss the possibility of his return to Pakistan. ⁹

Although initially these efforts were only seen with regards to the Khan of Kalat, details of an interview given by Mr. Brahmdagh Bugti to BBC Urdu on August 26, 2015 indicated that background talks have been successfully held with him as part of the reconciliation efforts. Coming to the talks’ table of Mr. Bugti, whose alleged terrorist network hits out at State resources, is of significant value in stemming the insurgency in Balochistan. Some of the relevant excerpts of the interview¹⁰ are reproduced below:

Iss sawal par keh agar muzakraat kay liay establishment kee janib say yeh shart rakhi jayay kay woh azad Balochistan ka mutalba turk kar dain toh in ka radd-e-amal kia hoga, Brahmdagh nay kaha keh ‘Agar hamaray dost, sathi, siyasi haleef, aur awaam kee aksariat yeh chahti hai toh hum Pakistan kay saath bilkul rehnay ko tayyar hain … Agar woh [Federal Minister for Interior, Chaudhary Nisar Ali Khan, MNA] ham say milna chahain toh hum iss kay liay tayyar hain kiun-keh hum siyasi log hain aur masail ka siyasi hul chahtay hain. Yeh toh bohat bewaqoofi ki baat hogi keh koi kahay keh who baith kar masail hul karna chahtay hai aur hum kahain nahin.

Un ka kehna tha keh ‘Army walay har maslay koh taaqat say hal karna chahtay hain joh ghalat hai. Balochistan main halat kharab bhi unhon nay kiay thay aur saheeh bhi wohi karain gay. Hamaray paas na taaqat hai aur na itni bari fauj kay hum in ka muqabla kar sakain.’

Translation
When inquired what would be his reaction if the Establishment requires that Mr. Brahmdagh Bugti renounce the demand for an independent Balochistan in order to hold negotiations, Mr. Bugti replied, “if our friends, companions, political allies, and majority of our people want the same, then we are ready to live with Pakistan … If he [Federal Minister for Interior, Chaudhary Nisar Ali Khan, MNA] wants to meet us, then we are ready for it; this is because we are political people and want to resolve issues through political means. It would be very stupid if they say that they wish to resolve the issues through talks and we refuse to do so.”

He also stated that the “Army officials want to resolve every issue through the use of force, which is wrong. They are the ones who spoiled the conditions in Balochistan, and they are the ones who will have to rectify it. Neither do we have the power nor a large army to compete with them.”

The revision in Mr. Bugti’s position is a welcome change from his earlier position in which he claimed that ‘the war would continue till the independence of Balochistan’.¹¹

Both the elected Government in the Centre and in Balochistan must be commended for their efforts to reach out to the key dissidents and make a serious effort to resolve the issues of insurgency through peaceful negotiations. It is obvious that such an effort of reconciliation can only be effective if undertaken in coordination with the armed forces and there is no reason to believe that this coordination is not in play.  

As far as both the optics and numbers are concerned, the nationalist insurgency does not seem as active as it once was in Balochistan. Official numbers released by the Home Department of the Government of Balochistan on August 31, 2015 clearly indicate a positive trend in this regard.¹² The data compiled by the Government showed that the number of bullet-ridden bodies found in the province were 76 for January-July 2015, whereas for January-July 2014 this number was at 166. Similarly, for January-July 2015, 143 people had been killed in attacks on minorities, settlers and personnel of the LEAs, whereas for January-July 2014 this number was at 276. Similar trends are also presented in Figure 1 and 2.

Convictions in the National Logistics Cell (NLC) Scam

On August 05, 2015, a Press Release issued by the ISPR signalled some form of conclusion of the NLC scam, a development that came to surface in February 2009. The Press Release ¹³ stated that:

General Raheel Sharif, COAS, instructed to dispose of the case on fast track for want of justice and transparency. Hence, the case was re-investigated by a committee of high-ranking officers … Consequently, in the light of findings of the inquiry, the two accused retired General Officers have been punished under the Pakistan Army Act, i.e., Maj. Gen (Retd.) Khalid Zahir Akhter has been “Dismissed from Service,” which implies; forfeiture of rank, decorations, medals, honours, awards, seizure of pension, recovery of personal gains, cancellation of service benefits and all other allied facilities including medical etc. Lt. Gen. (Retd.) Muhammad Afzal Muzaffar has been awarded “Severe Displeasure (Recordable)” which in essence is a disciplinary award due to an offence of lesser degree i.e. violation of procedures but no personal gains. Whereas, Lt. Gen. (Retd.) Khalid Munir Khan has not been found involved in any financial irregularity or serious misconduct and therefore stands absolved from all charges.

• In February 2009, the Public Accounts Committee (PAC) discovered that the National Logistics Cell (NLC) management had invested in stocks by purchasing shares of different enlisted companies/institutions violating the Board of Directors’ instructions. According to media reports, ‘they not only borrowed money from commercial banks on high interest rates, but also used pensioners’ money to invest in the stock exchange. In the process, the audit discovered that they invested over Rs. 4 billion in the stock exchange and caused a loss of nearly Rs1.8 billion’.¹⁴
• January 2010: Findings of a committee constituted by the Secretary, Planning and Development to probe into the irregularities finalised
• September 2010: The recommendations of the P&D Division were referred to the GHQ via the Ministry of Defence (MoD).
• September 2010: On receipt of the letter by the MoD, the then COAS, Gen. Ashfaq Pervaiz Kayani decided to proceed against the accused under the Pakistan Army Act rather than through a Civil Court or NAB.
• November 2010:  A high-level Army Court of Inquiry was convened, presided over by an officer of the Lieutenant General rank, for the purpose of finding out the initial facts.
• February 2011: The inquiry report was submitted to the COAS. The COAS then considered whether to opt for an administrative action or a formal investigation. According to the Press Release issued by the ISPR on September 14, 2012, ‘Opting for an administrative action would have entailed the use of discretionary powers by the COAS, whereas opting for a formal investigation … is obviously much more fair and transparent.’¹⁵ The COAS therefore opted for a formal investigation.
• September 2011: A Summary of Evidence was ordered in the light of the formal investigation. According to the Press Release issued by the ISPR on September 14, 2012, ‘for recording the Summaries of Evidence, it was essential to bring the accused officers under the Pakistan Army Act (PAA). Therefore, the accused officers were taken on the strength of the Army’.¹⁶
• September 2012: The Summaries of Evidence were completed.
• August 2015: Inquiry concluded.

Although PILDAT lauds the accountability established by the Military leadership in the case, and the public statement issued by the ISPR in this regard, it believes that certain queries with regards to the judgment persist, an attempt to answer that has been made in this section.

Was it appropriate for the then COAS to proceed against the accused under the Pakistan Army Act rather than through the Civil Courts or NAB?
As noted in the Press Release issued by the ISPR on September 14, 2012 the retired Army officers were taken on the strength of the Army in accordance with Section 92 of the Pakistan Army Act. The Press Release also states that ‘it is important to note that the cases involving financial loss to the Government are not time barred and allow application of PAA Section 92 and 90’.¹⁷

Section 92 of the Pakistan Army Act states that ‘When an offence has been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in military custody and tried and punished for such offence as if he had continued to be so subject’.¹⁸

It is important to note that there is apparently no evidence to suggest that these officers who were being investigated/tried under Pakistan Army Act were taken and kept in Military custody as the Section 92 of the Pakistan Army Act entails.

This also raises the important question that whether the members of the Military who were accused in the NLC scam were actually part of the Military for the period 2004-2008 (when the offences were committed) or not? If the former, the law grants the leeway of taking them back into the Army, even if they have retired, to be tried under the Pakistan Army Act.

According to the media reports, Lt. Gen. Khalid Munir Khan and Lt. Gen. Mohammad Afzal Muzzafar had retired from the Army during their service in the NLC. It is therefore a point to ponder that whether it was appropriate to try them under the Pakistan Army Act rather than through the Civil Courts or the NAB.  On the other hand, Maj. Gen. Khalid Zaheer Akhtar, who served as the Director General of the NLC from 2002 till 2008 was part of the Military, and had not retired from service.¹⁹

Had the case been referred to the National Accountability Bureau, would the accused have received the same level of punishment as they did through trial under the Pakistan Army Act?
Here, it is important to restrict the analysis to the case of Maj. Gen. Khalid Zaheer Akhtar who, as implied in the Press Release issued by the ISPR on August 05, 2015, had made some personal gains through the NLC scam, which may be equated with corruption under Section 9 of the National Accountability Ordinance of 1999. It is important to note that this is a non-bailable offence liable to sentencing of 14 years if proven.²⁰ However, according to the Press Release issued by the ISPR ‘Maj. Gen (retired) Khalid Zahir Akhter has been “Dismissed from Service”, which implies; forfeiture of rank, decorations, medals, honours, awards, seizure of pension, recovery of personal gains, cancellation of service benefits and all other allied facilities including medical, etc.’

Most Popular Man in Pakistan?

A truck driver cleans a painting of the Chief of Army Staff, Gen. Raheel Sharif on his truck in Rawalpindi²²

PILDAT noted in its Monitor on Civil-Military Relations in Pakistan for June 2015 that people of Pakistan are apparently increasingly pinning hopes of combatting crime on the Army Chief; this in part is the result of the perception created in the media in which the COAS appears as the saviour for resolving key issues of people.  

Undeniably Gen. Raheel Sharif’s stint as the Army Chief has won him numerous accolades, the most important of which is a wide recognition of his proactive approach and efforts. The reasons for this may reside in the clarity the current Military leadership in cracking down on terrorism in the country, the conduct of Operation Zarb-e-Azb, and since February 2015, the renewed vigour in the Karachi Operation.

Now, it seems that the Chairman of the PTI, Mr. Imran Khan, has also decided to throw his weight behind the COAS by claiming that ‘he [the Army Chief] is the most popular man in Pakistan right now.’

Around the globe, Militaries and Military Commanders are recognised and respected universally by populace of each country. Same should, and does hold true, of Pakistan’s Armed Forces. However, the demand that Gen. Raheel Sharif, occupying a critical post as that of the Chief of Army Staff, should be asked to devote his time and efforts other than his professional roles and responsibilities is unfair both to the Army and the system of the country as envisioned by the Constitution of Pakistan. Our Armed Forces must enjoy complete public trust and support to carry out their professional responsibilities. To offer a comparison of the military commanders to elected political leaders, or to expect the Armed Forces to shirk from their professional responsibilities, however, is unfair.

No Meeting of the National Security Committee

For the tenth consecutive month, no meeting of the National Security Committee (NSC) was held even though Pakistan faced its fair share of security related challenges, including heightened tensions with India over cancellation of the National Security Advisors and the assassination of the Home Minister of the Provincial Government of Punjab, Lt. Col. (Retd.) Shuja Khanzada. It must be noted for record that the last meeting of the NSC was held on October 15, 2014.

Apart from holding regular meetings of the NSC, PILDAT also believes that the decision-making role of the NSC, in comparison to a consultative or facilitative one, should be immediately reviewed. The elected Government should also consider the peculiar composition of the NSC, given the full-time membership of the CJCSC and the three Services Chiefs.

Premier-COAS Interactions

For the month of August 2015, the Prime Minister and the COAS met for a total of four times, with the details as follows:

It must be noted that the four times the Prime Minister and the COAS met during August 2015, the Federal Minister for Defence, Khawaja Muhammad Asif, MNA, was not present in any of these meetings.

References: