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In this Issue:
Provincial
Government of Sindh and Pakistan Rangers (Sindh): A Frayed relationship falling
prey to a continuous Trust Deficit?
Amidst a change of leadership in the Provincial
Government of Sindh, the month of July 2016 was again marked by the continuing
trust deficit that has come to beset an increasingly frayed relation between
the Sindh Government and the Pakistan Rangers (Sindh). Every single time the
matter of Pakistan Rangers' (Sindh) extension in Sindh rears itself, it falls
prey to some form of friction between the Federal Government, the Provincial
Government and the paramilitary force.
The Rangers’ Special Policing Powers1 for the Karachi Division were last notified by the Federal Ministry of
Interior on May 09, 2016 for 77 days, a period which ended on July 19, 2016.2 On the other hand, the Rangers’ deployment in Sindh was last notified
by the Federal Ministry for Interior,3 on July 30, 2015 for a period of one year, which expired on June 31, 2016.
However, the Provincial Government of Sindh
delayed requesting the Federal Government for an extension in the deployment
and special policing powers of the Rangers yet again. Given that the final notification
was issued by the Federal Ministry of Interior extending the special policing
powers of the Rangers for a period of 90 days in Karachi, and with regards to
their deployment in Sindh for one whole year on August 03, 2016, with effect
from July 20, 2016, the Rangers were de-facto operating without a legal cover
for approximately two weeks.
We believe that the dynamics of the Karachi
Operation, and the recurrent friction that is observed can practically be reduced
to two major considerations: The Provincial Government of Sindh apparently believes
that the Pakistan Rangers (Sindh) is effectively acting as an entity independent
of the Provincial Government, often in violation of the constitutional and legal
dictates, although it has been requisitioned in aid of civil power under Article
147 of the Constitution.4 The Pakistan Rangers (Sindh) on the other hand apparently believe that
there persists a strong nexus between the political, criminal and terrorist
activities, particularly in Karachi, and generally in Sindh, which has led to
the precarious law and order situation. A cursory analysis makes obvious that
there is some weight behind both these considerations, which mutually contribute
to the crippling trust deficit.
Although the Provincial Government seemed to
be on board with the Operation launched in September 2013 by the PML-N led Federal
Government, it chose to draw the proverbial line in the sand with the raid by
the Rangers on the Sindh Building Control Authority (SBCA) and the Lines Area
Development Project (LADP) in June 2015, iterating that the paramilitary force
had started ‘to act beyond its authority and mandate’.5 Subsequently, the arrests of senior PPP leaders such as Dr. Asim Hussain
further increased the atmosphere of distrust.
The controversy surrounding the arrest of Mr.
Muhammad Ali (more popularly known as Asad Kharal), a senior PPP-worker from
Larkana perfectly underscores the latent friction persisting between the two,
almost erupting to open confrontation in this case.6 Amidst allegations
of the suspect being the ‘front-man’ of the Provincial
Home Minister, Mr. Suhail Anwar Sial, MPA, along with being a ‘ghost
employee’ in the municipal administration of Larkana,7
the arrest clearly sent the PPP leadership in Sindh in a frenzy, with the then
Chief Minister of Sindh, Syed Qaim Ali Shah, MPA, meeting the Corp V Commander,
Lt. Gen. Naveed Mukhtar, on July 23, 2016 to resolve the issue. The latter apparently
assured the Chief Minister that the Rangers will not take action against any
Government official, department or conduct targeted operations in rural Sindh
without the Chief Minister’s permission.8 This has been a recurrent
demand of the PPP leadership in Sindh, also reflected in the resolution passed
by the Provincial Assembly of Sindh on December 16, 2015.9
The former Chief Minister of Sindh, Syed Qaim Ali Shah, MPA meeting
with the Corp V Commander, Lt. Gen. Naveed Mukhtar on July 23, 2016
However, the underlying issue seems to be that
the Pakistan Rangers (Sindh) have apparently extended their operations to other
parts of Sindh too, whereas their special policing powers are only for Karachi.10 In fact, this also emanated as an official demand on part of the Director
General of the Pakistan Rangers (Sindh) Maj. Gen. Bilal Akbar, who stated that
‘peace is not possible without an action in other cities of Sindh…
we are considering it as per the law’.11 However, the PPP leadership has desisted from accepting this demand, as
reflected in the notification issued on August 03, 2016, maintaining that there
is no need to extend the special policing powers to the rest of the province,
since the Rangers are free to carry out raids, however, in accompaniment of
the police.
Given that friction between the Rangers and
the Provincial Government of Sindh persists, and has often spilled out into
the media, is there any consultation and dispute resolution taking place at
all in the Apex Committee of Sindh?
The Federal Government, instead of playing a
mediatory role, is resorting to confrontational politics through the Ministry
of Interior which seems to have further antagonized the Provincial Government
of Sindh. The result is a never-ending media circus with all the stakeholders,
including the Provincial Government, the Federal Government and the Rangers,
communicating and advocating their viewpoint through the media, rather than
through official channels, making the critical Karachi Operation even more hostage
to turf wars than a consensus on its effectiveness.
Under
the Banner
Under any established system, a public official’s
term extension to a post would not even be conceived as a plausible option,
let alone become a public issue. It should not even be an issue in Pakistan
where, other than those Generals usurping power, only the former COAS Gen. Ashfaq
Pervez Kiyani, got a term extension by the PPP Government in July 2010, extending
his term from 2007-2009. The matter, as bizarre as it appears as to why it had
come up in the first place, should have even rested when the COAS was quoted
as saying that he did not believe in extension and “will retire on the
due date.” 12
Despite all, it was apparently a worth banner-splashing
issue, at least in the views of the little known political party or group called
Move On Pakistan as it put up banners across 13 major cities of Pakistan
on July 10, 2016, stating ‘Janay ki batain hui purani…. Khuda
kay liay, ab ajao!’ (Translation: The chatter regarding going is
old now-For God’s sake, please come now!).
The party had catapulted into national fame,
or notoriety, when it put up a series of banners across Islamabad stating that
‘Khuda kay liay…. Janay ki batain janay do!’ (Translation:
For God’s sake-Don’t talk about going) following the COAS’
public announcement that speculations about an extension in his service are
baseless.
Banners put up by the political party called Move On Pakistan
across 13 major cities of Pakistan on July 10, 2016, stating �Janay ki batain
hui purani�. Khuda kay liay, ab ajao!� (Translation: The chatter regarding going
is old now-For God�s sake, please come now!).
The party has maintained that the goal of their
campaign was to suggest to the Army Chief that ‘after imposing martial
law a government of technocrats should be made in Pakistan and Gen. Raheel Sharif
should himself supervise it’.13
The development, which set off a media storm
across Pakistan, did not fail to catch the eye of the political parties as well.
For example, Mr. Aitzaz Ahsan of the PPP maintained that the PML-N Federal Government
itself had orchestrated the move in order to possibly convey to the masses that
there was some threat to Pakistan’s democracy, in light of planned protests
by the opposition parties regarding Panama Leaks. The Federal Minister for Information,
Senator Pervez Rashid, on the other hand maintained that any talk about an extension
in tenure of the Army Chief General Raheel Sharif ‘amounted to undermining
operation Zarb-e-Azb…. There is still time for the Army Chief to complete
his tenure, and it is not appropriate to talk on this issue’.14 The DG ISPR, Lt. Gen. Asim Saleem Bajwa, also issued a tweet on July 12,
2016 stating that ‘Reference Posters with #COAS
pic being displayed across various cities; Army or any affiliated organization
have nothing to do with it’.15
Term extensions are essentially a bad trend.
These do not just run contrary to an established system, but also convey to
the outside world that the institution and its systems are unable to continue
to perform effectively without certain individuals, thus demoralizing the very
institution. Pakistan Army, as indeed other Military Institutes, is well-known
and nationally and internationally admired and credited for well-functioning
and effective system displaying continued excellence and internal discipline.
Therefore, come November, the Prime Minister, as per the Constitution, should
appoint a new Chief of Army Staff, and as expected of his office, should do
so on strictly objective considerations.
Failed
Turkish Coup and Civil-Military Relations in Pakistan
A man in Istanbul lies down in front of a tank being commanded
by the section of the Turkish Armed Forces, which had instituted the failed
coup attempt on July 15, 2016 in Turkey. Many such acts of bravery have come
to mark the Turkish people�s resistance to the coup attempt.
Much is known by now of the failed coup
d'état attempt of July 15 in Turkey against the AKP-led
Government. That the attempt was carried out by a faction within the Turkish
Armed Forces, and not of the entire Military, led to, in part, and gratefully
for that, its failure. But most heroic, exemplary and most auspicious for a
democratic Turkey has been the power of the people in Turkey that stopped the
onslaught of the coup by their struggle in the streets of Turkey against it
which also resulted in the loss of over 300 precious lives.
The failed coup makers had cited an erosion
of secularism, the elimination of democratic rule, a disregard for human
rights, and Turkey's loss of credibility in the international arena as reasons
for the coup.16
President Erdogan and the Turkish Government
have accused the coup leaders of being linked to the Gülen
movement—a group now designated as a terrorist organization by the
Turkish Government. The AKP-led Government has also subsequently asked the United
States to extradite Mr. Muhammed Fethullah Gülen, 75, to
Turkey, although Mr. Gülen has denied all charges of being involved
with the coup attempt.
The failed attempt had several consequences
domestically. Other than the loss of life, more than 2,100 were injured. Many
government buildings, including the Turkish Parliament and the Presidential
Palace, were damaged. Mass arrests followed, with at least 6,000 detained, including
at least 2,839 soldiers and 2,745 judges. 15,000 education staff was also suspended
and the licenses of 21,000 teachers working at private institutions were revoked
as well after the Government alleged they were loyal to Mr. Gulen. Since July
22, 2016, Emergency has been imposed in Turkey with the approval of the Turkish
Parliament, after which the Cabinet will have the power to issue decrees that
have the force of law.17
In the aftermath of the coup attempt, Turkey
has seen that as the resistance against the coup was unprecedented, so has been
the massive purge undertaken by President Erdogan subsequently.
Even though everyone has denounced the coup
attempt, many have blamed Mr. Erdogan for his increasingly autocratic style
and policies. Heavy-handed dealing with opposition and protesters and curbs
on Turkish traditional and social media are cited as key examples in this regard.
The AKP-led Government has also recently introduced religion as a compulsory
subject in educational institutions, changing the secular fabric of the society.
Additionally, Turkey has also recently been subjected to terrorist attacks,
as it squarely remains at the crossroads of the war in Syria.
With regards to civil-military relations in
Pakistan, the failed coup attempt was instructive in the reactions it evoked
across the political spectrum. The PML-N took the lead in celebrating the failed
attempt at a coup. While extending full support to the Turkish Government, the
PML-N leaders described the collapse of the coup as a triumph of democracy and
a clear assertion of the power of the people, who came out in the streets on
the appeal of President Erdogan. Pakistan’s print and electronic media
carried articles and comments in support of the Turkish Government. The Pakistan
Senate also passed a resolution that endorsed Turkish democracy and appreciated
the courage of the Turkish people to stand up to the military and protect the
elected civilian government.
Whereas Turkey saw unity in political ranks
against any attempt of derailing Turkish democracy, political sentiments and
reactions in Pakistan have been far less fortunate. The strangest has been the
statement by the Chairman of the PTI, Mr. Imran Khan, who stated that ‘democracy
in Pakistan is threatened by Nawaz’s monarchy and the people will celebrate
and distribute sweets if the army takes over’. 18 For a democratic leader aiming to govern the country through public
mandate, the lack of conceptual clarity on his part on sole legitimacy of democratic
governments to govern countries could not have been more starkly displayed by
Mr. Imran Khan.
The PPP did not refrain from political point
scoring, contrary to the spirit of charter of democracy signed by its slain
leader, Mohtarma Benazir Bhutto, maintaining that if Pakistan faced a coup,
the PML-N will be responsible.19
COAS
calls upon Egyptian Dictator-turned-President Mr. Fattah el-Sisi
The COAS, Gen. Raheel Sharif calling upon the Egyptian
Dictator-turned President, Mr. Fattah el-Sisi on July 26, 2016 in Cairo
While the COAS’ international visits and
interactions, especially with non-Military dignitaries, are generally believed
to be an extension of his traditional official role, the month of July 2016
saw the COAS in the company of dictator-turned President of Egypt, Mr. Fattah
el-Sisi, in Cairo on July 26, 2016.
An ISPR press release informed Pakistanis that
the Egyptian President, notorious for his bloody crackdown against protesters
after he overthrew elected Government of President Mohamed Morsi of Egypt as
well as the August 2013 Rabaa massacre, 20 ‘acknowledged Pak Army's successes in fighting terrorism &
Pak efforts for regional stability….’21
Although the composition of the delegation that
called upon the Egyptian President is not clear, it is hoped that Pakistan’s
ambassador in Egypt in particular and the diplomatic mission in general were
also a part of the interaction.
It remains undeniable that the COAS has attained
a centrality in Pakistan’s foreign policy management, especially when
it comes to our foreign policy vis-à-vis Afghanistan, the United States,
the United Kingdom and the Middle East. Typically, one should bear in mind,
the approval for the COAS’ interaction with any foreign dignitary is to
be issued by the Federal Government and must be done so. It is safe to assume,
therefore, that Gen. Sharif is fulfilling the additional responsibilities by
the approval of the elected Federal Government.
In
Pictures: Civil-Military Relations in Pakistan
According to a Press Release issued by the ISPR on July 11, 2016
‘Former PM Yousaf Raza Gilani along with his son Ali Haider Gilani called
on COAS. Mr. Yousaf Raza Gilani thanked COAS for his efforts leading towards
recovery of his son’
Civil-Military leadership at the funeral of Mr. Abdul Sattar
Edhi in Karachi
Meeting
of the National Security Committee
Prime Minister chairing a meeting of the National Security
Committee in the Prime Minister Office on July 22, 2016
In a welcome development, the Prime Minister
chaired a meeting of the National Security Committee (NSC) on July 22, 2016,
on the second day of his return to Islamabad after his recent surgery. This
was the 6th meeting of the NSC since its formation in August 2013. On the average
the committee met at an interval of six months each but sometime the gap extended
to even 18 months.
According to the Press Release issued by the
Prime Minister’s Office on July 22, 2016, ‘the meeting unanimously
expressed grave concern over the deteriorating situation in the Indian Occupied
Kashmir’ and lauded ‘the relentless and unmatched contributions
and sacrifices of Pakistan’s armed forces and security personnel, particularly
in the ongoing Operation Zarb-e-Azb’.22
Although the Press Release did not mention the
attendees of the meeting, according to media reports, the meeting was attended
by Chairman Joint Chiefs of Staff Committee (CJCSC), the three Services Chiefs,
DG Inter-Services Intelligence, Prime Minister’s advisers on national
security and foreign affairs, and members of the Cabinet including Federal Ministers
of Finance, Interior, Defence and Information.
Although PILDAT welcomes the meeting of the
NSC, the country’s ‘principal decision-making body on national
security’, the infrequent periodicity of its earlier meetings remains
a cause of concern. For example, the latest meeting of the NSC was held almost
four months ago on April 06, 2016. In comparison, in developed democracies such
as the United Kingdom, such forums meet on a weekly basis.
Lack of focus on using the NSC reflects the
unfortunate reality of lack of seriousness by the Government in taking charge
of institutionalization of national security strategies and actions. Not only
the dormancy of the NSC, but also of the Federal Cabinet, the Council of Common
Interests, and other forums also reflects Government’s lack of priority
to these forums. While the PML-N Government is displaying a particular penchant
for making these institutions dormant, apparently the trend is more or less
shared across the political spectrum where political parties represented inside
the Parliament do not question, raise or debate the issue of non-institutionalization
of security and other policies, do not offer policy options and often do not
engage effectively in the Parliament and its Committees to effectively oversee
the trend and advise the elected Governments prudently.
PILDAT believes that:
- There is a need to urgently reconsider the permanent membership
of the Services Chiefs in the NSC, along with the forum's decision-making
powers, instead of consultative ones. Both these features are exclusively
peculiar to Pakistan's NSC, and are anomalous with regards to national security
consultative forums across the world.
- Additionally, given that the NSC of the Cabinet (as
it was termed in the presser issued by the Prime Minister Office after the
meeting of the April 06, 2016) is the 'principal decision-making body
on matters of national security', its current status may encroach upon
the powers of the Federal Cabinet. If Pakistan indeed wishes to give the
NSC decision-making powers, whether or not it is recommended, its existence
should be backed by legislation, and not just an executive order, as is
the case at the moment. Regardless of whether the NSC is a consultative
or a decision-making forum, an Act of Parliament is needed to sanctify its
workings.
- The abysmal number of meetings of the NSC only reflects
the lack of importance it gets. There is a critical need to introduce regular
periodicity of the meeting of the NSC.
Premier-COAS
Interaction
For the month of July 2016, the Prime Minister
and the COAS met twice. Once right before the meeting of the NSC on July 22,
2016 and once during it. The meeting between the Prime Minister and the COAS
before the NSC meeting was a one-on-one interaction. This should be viewed in
the backdrop of Prime Minister’s extended absence from the country from
May 22, 2016 to June 09, 2016 due to his medical condition and surgery abroad.
References:
1. Notified under clause (i) of sub-section-3
of section-4 of Anti-Terrorism Act, 1997
2. For details, please see:
http://nation.com.pk/national/09-May-2016/interior-ministry-notifies-extension-in-rangers-powers-for-another-77-days
3. Under Article 147 of the Constitution
4. Article 147 of the Constitution of Pakistan
states that ‘Notwithstanding anything contained in the Constitution,
the Government of a Province may, with the consent of the Federal Government,
entrust, either conditionally or unconditionally, to the Federal Government,
or to its officers, functions in relation to any matter to which the executive
authority of the Province extends’.
5. For more details, please see the PILDAT
Monitor on Civil-Military Relations for June 2015, which may be accessed
at:
http://www.pildat.org/eventsdel.asp?detid=761
6. On July 13, 2016, officials of the National
Accountability Bureau (NAB) and the Rangers, dressed in plainclothes, detained
Mr. Kharal for questioning, apparently with regards to allegations of misappropriation
of Government funds. However, in a peculiar development, his guards and
supporters overpowered the NAB and Rangers officials, not only freeing Mr.
Kharal, but also took the officials in plainclothes to the local police
station. Given that the Rangers confirmed that the officials belonged to
the paramilitary force, the Sindh Government chalked up the incident to
a ‘misunderstanding’, with Maula Bux Chandio pointed to the
fact that the officials were dressed in plain clothes, which caused the
misunderstanding that Kharal was being kidnapped.
For details, please see: http://tribune.com.pk/story/1141416/mistaken-kidnappers-police-arrest-nab-rangers-men-rescue-larkana-clerk
Although Mr. Kharal fled from the Rangers custody
on the occasion, a massive search operation was launched against him in
Larkana, when he was finally taken in custody by the paramilitary force
from Hyderabad on July 23, 2016. However, there are conflicting reports
in this regard which state that the suspect was originally in police’s
custody, who handed him over to the Rangers after consultation with the
then Provincial Home Minister, Mr. Sohail Anwar Sial.
Please also see:
http://dailytimes.com.pk/sindh/23-Jul-16/police-hands-asad-kharal-to-rangers-after-meeting-with-home-minister
7. For details, please see:
https://www.geo.tv/latest/109939-Asad-Kharalthe-journey-from-a-Kebab-vendor-to-Sindh-Governments-frontman
8. For details, please see:
http://tribune.com.pk/story/1147436/rangers-not-act-without-cms-consent
9. The resolution stated that:
- That Pakistan Rangers (Sindh) will have powers in respect
of the following only:
- Target Killing
- Extortion/Bhatta
- Kidnapping for Ransom
- Sectarian Killing
- That any person, who is not directly involved in terrorism
and is only suspected of aiding and abetting terrorists or by way of terror
financing or facilitating terrorists shall not be placed under preventive
detention under any law without prior written approval of the Government
of Sindh, i.e., Chief Minister.
- That Pakistan Rangers (Sindh) shall not raid any Office
of Government of Sindh or any other Government Authority without prior
written approval of the Chief Secretary, Government of Sindh.
- That Pakistan Rangers (Sindh) shall not assist any other
Institution / Organization apart from Sindh Police in carrying out its
actions as stated in Clause 1 above.
- That it is further resolved that the Government of Sindh
whilst granting any powers to Pakistan Rangers (Sindh) and Sindh Police
shall take into account all of the above conditions
10. A few weeks back Rangers conducted a targeted
operation in Hyderabad where they arrested three workers of the Muttahida
Qaumi Movement’s zonal committee. Suhail Mashadi, Rafiq Ajmeri and
Raheel Faheem were released after interrogation. At Dhabeji, Thatta, Rangers
carried out a raid where they arrested 10 people including workers of a
political party from Water Board colony. A shootout between Rangers
and robbers occurred at Shikarpur. Two Rangers officials lost their lives
in the attack.
For details, please see:
https://www.geo.tv/latest/109477-Rangers-extend-Karachi-Operation-to-other-parts-of-Sindh
11. For details, please see:
http://www.samaa.tv/pakistan/2016/07/dg-rangers-vows-to-extend-operation-to-sindh-interior
12. I don’t believe in extension,
will retire on due date: Gen. Raheel Sharif. Daily Dawn, January 26,
2016:
http://www.dawn.com/news/1235293
13. For details, please see:
http://www.dawn.com/news/1270214/mysterious-banners-urging-coas-to-take-over-put-up-across-country
14. For details, please see:
https://www.geo.tv/latest/109329-Talk-about-extension-in-tenure-of-COAS-akin-to-weakening-Zarb-e-Azb-Rashid
15. The tweet may be accessed at:
https://twitter.com/AsimBajwaISPR/status/752907991104516096
16. For details, please see:
http://www.politico.com/magazine/story/2016/07/what-caused-the-turkish-coup-attempt-214057
17. For details, please see:
http://www.dawn.com/news/1272369/turkish-parliament-approves-emergency-rule
18. For details, please see:
https://www.thenews.com.pk/print/137412-Who-will-celebrate-martial-law
19. For details, please see:
http://www.dawn.com/news/1271698/pml-n-to-be-responsible-in-case-of-military-coup-says-ppp
20. The August 2013 Egypt massacre was termed
by the Human Rights Watch as likely crimes against humanity. For details
please see:
https://www.hrw.org/news/2014/08/12/egypt-raba-killings-likely-crimes-against-humanity
21. The Press Release issued by the ISPR on
July 26, 2016 may be accessed at:
https://www.ispr.gov.pk/front/main.asp?o=t-press_release&id=3403
22. The Press Release issued by the PMO may
be accessed at:
http://pmo.gov.pk/press_release_detailes.php?pr_id=1466
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