Pakistan´s Judiciary and Macrocosm of Global Politics and Justice
Rizwan Ghani
March 20, 2009
People from all walks of life in Pakistan including lawyers, politicians, and members of civil society have made history by standing up for independence of judiciary and return of 2 Nov. judiciary that was ousted by west backed dictator General Musharraf. Sixteen March, Long March has shown the world what every Pakistani recognizes and respect- cardinal role of judiciary in stability of democracy, economy, and national security. The advanced world including west often ignores independence of judiciary in third world mostly to protect its geo-economic and strategic imperialism.
To put the return of Nov. 2 judiciary in perspective for the western readers especially Americans, it is equivalent of 1803, US Supreme Court´s Marbury v. Madison case. The decision created the power of judicial review, an essential component in the American system of checks and balances, a system that is intended to safeguard Americans from government´s abuses of power. The doctrine helped recognize mutual accountability among political entities such as the courts, the president or prime minister, the legislature, and the citizens. The diffusion of power and the mutual accountability prevents any single group or individual from dominating the political system. The third world leaders chain justice system to sustain their ´iron rules´.
Historically speaking crisis of judiciary in Pakistan is result of Musharraf martial law. Ironically, like Musharraf, West backed Arroyo is also center of struggle for immunity. It has been opined that she might step down in 2010 in return for immunity. Will she or wont, is the internal matter of the country. But from Pakistan´s perspective in particular and rest of the world in general Philippines´ judicial history in the backdrop of decades of struggle in Muslim majority Mindanao area and US troop presence in the country under controversial Visiting Forces Agreement (VFA) begs a thorough understanding to support independent judiciary, media and uphold human rights for a viable Pakistan. http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#Marcos_regime.
It could help both Islamabad and west including America overcome challenges of dealing with: 1) issue of illegal drone attacks, extrajudicial killings and missing persons. The case in point is Writ of Amparo promulgated by Chief Justice of Philippine Supreme Court on 25 Sept. 2007, Chief Justice directed state to protect individual ´life and liberty´ in addition to Writs of Amparo and Habeas Data. A simple implementation of constitution will solve the issue. 2) 1995 class action suit by 10,000 Filipinos against Marcos state. 3) Alston UN Report 2007 showing that effective judiciary decreased number of extrajudicial killings in 2007 to 68 from 208 in 2006. In national interest, the country should look beyond the ploy of judicial review and judicial activism. The country should facilitate courts to exercise powers of judicial review to uphold law to strengthen national security, institutions and democracy.
November 3, second Musharraf Martial law has its precedence in history. Dictator Marcos forced Chief Justice of Philippines Supreme court to go on leave in 1971 because CJ failed to agree with dictator seeking constitutional amendments. ´What will … think of me when I will continue to be immune from suit as president but not those who followed my orders.´ [Will Arroyo Step Down… Nov.1, 2006 Arab News]. March 31, is remembered as ´Black Day´ for the independence of judiciary in Philippines. Senator Musahid Hussain, Senate foreign relations committee, in addition to proposing ´Rule of Law Day´ should have pledged to: a) Support struggle for restoration of 1973 constitution. b) Ask Islamabad to approach UN to uphold International Conventions for Protection of All Persons from Enforced Disappearces. Enforced Disappearance is defined in Article 2 of UN Convention against Torture.
The slogans of more long marches in Pakistan for independence of judiciary have global relevance. Reportedly, state lawyers have started arguments to Constitutional Court in Italy on extrajudicial transfer or rendition of a terrorism suspect who was tortured and held for years without charges. The case involves twenty-six Americans and nine local spies. The rights groups accuse US and its allies of breaking relevant international laws, March 11, Arab News. The countries facing consequences are expecting positive outcome to end unlawful activities of spy agencies, protection of individual rights by the state and recognition of constitutional right to justice.
The ICC ruling against Sudan´s president on Darfur situation has prompted experts to opine that like past American presidents and Congress´, Obama and US Congress will not change Washington´s position and continue to stay out of ICC. Despite polls showing American public´s support for international justice, both Republicans and Democrats see ICC as a liability. They have allegedly expressed concern about the court´s potential ability to interfere with American sovereignty on military and political issues. (To Keep influence, US needs ICC; David Kaye, LA Times; March 17, Arab News). Unless Obama acts to uphold international law there will be no difference between American leadership and leaders of third world countries undermining national constitutions and suppressing public for political and economic gains.
Pakistan is not the only victim of infamous NRO deal. Allegedly, Obama administration has also been forced to accept a deal as precondition for transfer of power. Reportedly, US Senate Republicans sought assurances that new leaders at the Justice Department will not prosecute former government officials over national security abuses. One of highest-profile Bush era torture case has come to grinding close (Bush Doctrine Stalls Holder Confirmations, January 25, The Washington Post). Pakistani media peppered with statements of ´forget the past´, ´look towards future´ and cautionary calls to the judiciary etc put in perspective history of judiciary in last two years. It explains West´s hypocritical support for independence of judiciary in Pakistan on the media but behind the scenes pressure to protect its General Pinochet in Asia.
Islamabad should reject double standards of members of US Congress calling for discontinuation of aid or security concerns etc. Afghan resistance is against foreign occupation forces. EU member states have plainly told Washington to replace imperialism with diplomacy in Afghanistan to restore peace in Afghanistan. Islamabad should join the west to secure its internal security. Islamabad should secure its borders and unilaterally shred Musharraf´s unlawful understandings with US backed NATO because leaving aside three or four countries including France all other EU member states have already refused to extend cooperation to US illegal Afgan war in national interests. Islamabad cannot go on supporting the unpopular Afghan occupation without public support amidst growing calls for withdrawing from a war that has nothing to do with Pakistan.
Islamabad, in national interest should stand with international community to be part of a diplomatic solution to Afghan problem from a distance. Islamabad should accordingly ban contacts with war criminal American generals and American leadership authorizing drone attacks resulting in loss of innocent lives in a sovereign state. Deaths due to American drone attacks are war crimes under the international laws and doctrines of justice, until proven guilty by a court of law all men are innocent. Instead, Obama should help nations to support justice departments to take care of the anti-state elements. Otherwise also, US withdrawal from Iraq has shown that diplomacy and rule of law is the only way forward. Islamabad with help of Europe and other international platforms should demand accountability for US violations of international humanitarian laws, conventions and statutes. Obama should uphold his promise of change and improve US image by supporting accountability through civil courts within and outside America to strengthen respective national securities.
International leadership, platforms Human Rights Watch groups and legal fraternity need to help a third world country from the policies made against the wishes of American public and refusing to uphold international law. The world must stand up to hold war criminal American generals, ambassadors in the region, and handful of American leaders and administrators for bringing bad name to American people.
Reportedly, infamous US Secretary of State Ms. Rice was forced to change route in Auckland during a state visit to avoid apprehension by Citizens Court under UN law. Ms. Rice a former bible teacher and allegedly believed to on ideological Jehad, undermined almost every American constitutional law of respecting sovereignty of independent states and international human right law and convention.
Ms. Rice was reportedly refused a job in an American university due to a protest organized against her because of her alleged involvement in human rights abuses. An Israeli general wanted for war crimes managed to flee UK after staying in the plane on Heathrow for four hours to avoid arrest to avoid arrest under international law. World understands war crimes against Israel but incidents in New Zealand and local American university against US Secretary of State shows that White House needs to review its human rights policy to improve its image.
Next, Obama should ensure that as international norms of diplomacy and state relations, US state department not pentagon should give policy statements to end the perception of pentagon and intelligence agencies acting as states within a state in Democratic America. It is also hoped that American diplomats in Pakistan are told to observe professional etiquettes to uphold US constitution and American image. In all fairness, it is about time for replace US diplomats in Pakistan with members of diplomatic corps who represent constitution of American not Bush policies.
It is opined that Islamabad should formulate independent foreign policy. Washington instead of turning Islamabad into American outpost in the region should support institutional development in Pakistan to strengthen it politically, economically and socially. A stronger stable Pakistan supports global interests than forcing a country of 160 million population to be dependent on 2/3 billion annual foreign aid for vested stakes. Pakistan can easily generate over 100 billion US dollars through value added agri, dairy, textile and human resource exports.
If Washington continues to rely on military solutions to end complex Afghan situation it will further destabilize Pakistan and isolate itself in the region. People of Pakistan who looked up to America as shining example of rule of law, democracy and human rights are bitterly disappointed. The continuation of imperialistic policies in region, Philippines, and sixty other countries across the world with US forces is raising serious questions.
An average Pakistani cannot be blamed for believing that Musharraf´s attack on country´s judiciary was done at the behest of western powers to sustain so-called war against terrorism etc., which by the way most people in Pakistan, Afghanistan and India believe is an excuse for geo-strategic US presence in the region including China and Russia. Sec. Defense Gates reported statement that there is no plan of US withdrawal from Afghanistan in foreseeable future is case in point.
FATA in Pakistan is more about this strategic bigger picture than investment of billions of dollars to purge the 29,000 Km2 FATA from handful of miscreants shown on western media brandishing primitive weapons driving western brand vehicles as terrorists. Reportedly, jehadis supported west from Pakistan in its war against former USSR. West, Washington, Islamabad, Kabul instead of facilitating these former fighters to return to normal life to restore peace have started using such people to pursue geo-strategic and geo-economic stakes. All this is ultimately translating into popular discontentment, local resentment and reaction. The world must realize that to end all this politics, diplomacy, civil courts not use of military power is the way forward.
The reports of expanding US drone attacks to Baluchistan soon after President Zaradari´s visit to Iran have prompted concerns about fate of Pak-Iran gas pipeline. Washington in the past has objected to the process. Energy deficient Pakistan needs gas to sustain its sagging economy. Reportedly, Pakistan is facing 5000 MW shortfall of electricity that is adversely affecting its industry, increasing unemployment due to energy deficiency, and soaring electricity cost resulting in increased cost of production and loss of markets. Washington however feels that gas pipeline is violation of international sanctions against Iran.
Independent observers however feel that Pak-Iran gas pipeline will ultimately link China with Iran on south and in turn China will act as Iran´s gateway to Europe through established Russian energy network. Therefore, calls of drone strikes in Baluchistan have strategic implications. Islamabad will be the worst hit party because it will not only deprive the planners of cheap Iranian gas that will have adverse affects on expansion of local industry compound unemployment.
Pipelines are cumbersome process and it is difficult to find alternates. It is hoped that sense prevails and Islamabad is allowed to go ahead with much needed Pak-Iran gas pipeline project which has already been delayed for last two decades. Washington needs to review its position on Pak-Iran gas pipeline in interest of ordinary Pakistanis as they struggle to make both ends meet. Reportedly 86 percent Pakistanis are living $2 a day and sixty percent are unemployed.
Flawed Bush policies in the region have already cost American a strong regional ally in form of Delhi. Reportedly, left leaning Third Front is likely to form government in India. CP(I) is likely to ditch the Indo-US deal as a proof of independent foreign policy. Europe has already abandoned America due to its failure to respect international law and human rights, end Bush´s war policies and control Israel.
Following bickering in G-8 over future economic revival plans in all probability G-20 summit and NATO will prove to be the end of Gordon Brown´s undemocratic stay in power in UK. It could also raise serious challenge to Sarkozy stay in power in France who escaped narrowly in a no-confidence vote last month. With expected departure of both Brown and Sarkozy, and deep resentment in Europe over Obama´s ´buy America´ clause perceived as return of protectionism Washington will have to dig hard to find support for its war agenda in pro-human rights Europe.
With waning support for EU itself (technically after the Irish vote rejecting EU, it should have been disbanded) and absence of political leadership support for Washington the world has started questioning support of EU´s administrative leadership including secretary general and foreign secretary. Public has started asking why should their tax money be used to pay them. They instead of protecting EU´s economic interests have ended up as Washington´s mouthpiece in Europe. It is a fair demand.
It is equally true for NATO that was originally created to protect Europe what is it doing in Afghanistan. NATO leadership instead of respecting European public´s demand to scrap NATO is pushing for active involvement of European forces in Asia on flimsy grounds and flawed policies resulting in threat to Europe´s legal system, individual national security of states and complex human rights issues including Geneva Convention, Roman Statue, EU and UN Human Rights Charters. Washington and London have failed to ratify UN Human Rights Conventions.
All this generates a complex loop that has and is compromising global and national legal systems, undermining human rights and religious rights. All this in turn attracts discontentment and reaction. It has snowballed into a challenge that is beyond the capabilities of entire world´s military, international human rights or media. If there is a solution to restore peace in the world it is return to law, justice and constitutions. In this regard the struggle for independence of Judiciary in Pakistan is a positive start. It has shown the west that way forward.
The state controlled western media however has failed to highlight the importance of effective judiciaries and legal systems as effective solutions to national security. In December 2007, a New York Times editorial called for use justice system to fight terrorism. Obama has recognized importance of justice system in fighting terrorism but he is unable to use this economic yet most effective method to combat terrorism.
Obama is supporting trials of detainees in civil courts within America only instead of allowing similar policy in rest of the world. Pakistan´s FM´s Wednesday press briefing, announcing US review of drone policy delayed to May and Islamabad failure to bring an immediate end to drone attacks and those responsible to international court is a case in point.
However, time is equally running out for Obama who has failed to change course on ´boots on ground´ policy, Bush´s disdain for international conventions and human rights, Palestine, Kashmir, Ireland and Chechnya. Upcoming G-20 and NATO moots will show that Obama has not changed Bush´s policies.
I think like allowing the sick and zombie banks to fall, Obama needs to bite the bullet and transfer the so-called war against terrorism from battlefields to civil courts. National legal systems and constitutions are perfectly capable to deliver prompt justice but justice that is also seen. It will end the menace. It should decimate Washington, Europe and Islamabad´s military expenditure and allow the funds to be used for public welfare. Reportedly, the US military expenditure was $711 billion in 2007 in contrast to Bush $750 stimulus package. Above all it will restore peace and make the world safer and better place to live.
Pakistan should protect independence of judiciary as national security interest. Public has won an important victory in the war as compared to the 36 year old struggle of protecting independence of judiciary in Philippines from the days of Marcos that also compromised country´s nuclear program. The people of Pakistan must stay united to allow independent judiciary discharge its duties in accordance to country´s 1973 constitution and ward off any underhand tactic to undo the public demand. In this regard, nation as a whole need to learn from history of Philippines´ judiciary, VFA agreement and drawbacks of America´s flawed use of force-based flawed global policies.
Finally, Obama needs to stand up for restoration of independent judiciaries in third world countries as part of stabilizing democracies, respecting human rights, dispensation of justice, eradication of corruption and restoring peace and security. It is an enormous challenge that even exceeds current global economic recession because people can survive without food but no society, culture or community but not without justice. In a way the movement for independence of judiciary in Pakistan has offered world community a last chance to regain initiative for global peace. It is time to reset the policies in Washington so that law, constitution and justice can protect the nations. Failure of Bush policies and America´s vote for change shows that use of force, support for dictators and undermining of justice systems have failed to make the world a safer place to live, work and do business.
History of the article:
It was written originally written for the Pakistan Observer (www.pakobserver.net) in relation to 16 March, Long March as Judiciary: logic nor oracle. The march brought hundreds and thousands of Pakistanis from all walks of life on the roads calling for Independence of Judiciary, return of ousted Chief Justice of Pakistan by a military dictator and the permanent end to the ´Doctrine of necessity´ used by military dictators to bring martial laws.
Justice Iftikhar Chaudhry, Chief Justice of Pakistan, has been awarded a medal by Harvard University in recognition of his services to independence of judiciary. Justice Chaudhry refused to follow orders of West backed Dictator General Musharraf. In recognition of his courage and unique stand, Justice Chaudhry was given honorary membership of New York Bar Association.
To put the return of Nov. 2 judiciary in perspective for the western readers especially Americans, it is equivalent of 1803, US Supreme Court´s Marbury v. Madison case. The decision created the power of judicial review, an essential component in the American system of checks and balances, a system that is intended to safeguard Americans from government´s abuses of power. The doctrine helped recognize mutual accountability among political entities such as the courts, the president or prime minister, the legislature, and the citizens. The diffusion of power and the mutual accountability prevents any single group or individual from dominating the political system. The third world leaders chain justice system to sustain their ´iron rules´.
Historically speaking crisis of judiciary in Pakistan is result of Musharraf martial law. Ironically, like Musharraf, West backed Arroyo is also center of struggle for immunity. It has been opined that she might step down in 2010 in return for immunity. Will she or wont, is the internal matter of the country. But from Pakistan´s perspective in particular and rest of the world in general Philippines´ judicial history in the backdrop of decades of struggle in Muslim majority Mindanao area and US troop presence in the country under controversial Visiting Forces Agreement (VFA) begs a thorough understanding to support independent judiciary, media and uphold human rights for a viable Pakistan. http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#Marcos_regime.
It could help both Islamabad and west including America overcome challenges of dealing with: 1) issue of illegal drone attacks, extrajudicial killings and missing persons. The case in point is Writ of Amparo promulgated by Chief Justice of Philippine Supreme Court on 25 Sept. 2007, Chief Justice directed state to protect individual ´life and liberty´ in addition to Writs of Amparo and Habeas Data. A simple implementation of constitution will solve the issue. 2) 1995 class action suit by 10,000 Filipinos against Marcos state. 3) Alston UN Report 2007 showing that effective judiciary decreased number of extrajudicial killings in 2007 to 68 from 208 in 2006. In national interest, the country should look beyond the ploy of judicial review and judicial activism. The country should facilitate courts to exercise powers of judicial review to uphold law to strengthen national security, institutions and democracy.
November 3, second Musharraf Martial law has its precedence in history. Dictator Marcos forced Chief Justice of Philippines Supreme court to go on leave in 1971 because CJ failed to agree with dictator seeking constitutional amendments. ´What will … think of me when I will continue to be immune from suit as president but not those who followed my orders.´ [Will Arroyo Step Down… Nov.1, 2006 Arab News]. March 31, is remembered as ´Black Day´ for the independence of judiciary in Philippines. Senator Musahid Hussain, Senate foreign relations committee, in addition to proposing ´Rule of Law Day´ should have pledged to: a) Support struggle for restoration of 1973 constitution. b) Ask Islamabad to approach UN to uphold International Conventions for Protection of All Persons from Enforced Disappearces. Enforced Disappearance is defined in Article 2 of UN Convention against Torture.
The slogans of more long marches in Pakistan for independence of judiciary have global relevance. Reportedly, state lawyers have started arguments to Constitutional Court in Italy on extrajudicial transfer or rendition of a terrorism suspect who was tortured and held for years without charges. The case involves twenty-six Americans and nine local spies. The rights groups accuse US and its allies of breaking relevant international laws, March 11, Arab News. The countries facing consequences are expecting positive outcome to end unlawful activities of spy agencies, protection of individual rights by the state and recognition of constitutional right to justice.
The ICC ruling against Sudan´s president on Darfur situation has prompted experts to opine that like past American presidents and Congress´, Obama and US Congress will not change Washington´s position and continue to stay out of ICC. Despite polls showing American public´s support for international justice, both Republicans and Democrats see ICC as a liability. They have allegedly expressed concern about the court´s potential ability to interfere with American sovereignty on military and political issues. (To Keep influence, US needs ICC; David Kaye, LA Times; March 17, Arab News). Unless Obama acts to uphold international law there will be no difference between American leadership and leaders of third world countries undermining national constitutions and suppressing public for political and economic gains.
Pakistan is not the only victim of infamous NRO deal. Allegedly, Obama administration has also been forced to accept a deal as precondition for transfer of power. Reportedly, US Senate Republicans sought assurances that new leaders at the Justice Department will not prosecute former government officials over national security abuses. One of highest-profile Bush era torture case has come to grinding close (Bush Doctrine Stalls Holder Confirmations, January 25, The Washington Post). Pakistani media peppered with statements of ´forget the past´, ´look towards future´ and cautionary calls to the judiciary etc put in perspective history of judiciary in last two years. It explains West´s hypocritical support for independence of judiciary in Pakistan on the media but behind the scenes pressure to protect its General Pinochet in Asia.
Islamabad should reject double standards of members of US Congress calling for discontinuation of aid or security concerns etc. Afghan resistance is against foreign occupation forces. EU member states have plainly told Washington to replace imperialism with diplomacy in Afghanistan to restore peace in Afghanistan. Islamabad should join the west to secure its internal security. Islamabad should secure its borders and unilaterally shred Musharraf´s unlawful understandings with US backed NATO because leaving aside three or four countries including France all other EU member states have already refused to extend cooperation to US illegal Afgan war in national interests. Islamabad cannot go on supporting the unpopular Afghan occupation without public support amidst growing calls for withdrawing from a war that has nothing to do with Pakistan.
Islamabad, in national interest should stand with international community to be part of a diplomatic solution to Afghan problem from a distance. Islamabad should accordingly ban contacts with war criminal American generals and American leadership authorizing drone attacks resulting in loss of innocent lives in a sovereign state. Deaths due to American drone attacks are war crimes under the international laws and doctrines of justice, until proven guilty by a court of law all men are innocent. Instead, Obama should help nations to support justice departments to take care of the anti-state elements. Otherwise also, US withdrawal from Iraq has shown that diplomacy and rule of law is the only way forward. Islamabad with help of Europe and other international platforms should demand accountability for US violations of international humanitarian laws, conventions and statutes. Obama should uphold his promise of change and improve US image by supporting accountability through civil courts within and outside America to strengthen respective national securities.
International leadership, platforms Human Rights Watch groups and legal fraternity need to help a third world country from the policies made against the wishes of American public and refusing to uphold international law. The world must stand up to hold war criminal American generals, ambassadors in the region, and handful of American leaders and administrators for bringing bad name to American people.
Reportedly, infamous US Secretary of State Ms. Rice was forced to change route in Auckland during a state visit to avoid apprehension by Citizens Court under UN law. Ms. Rice a former bible teacher and allegedly believed to on ideological Jehad, undermined almost every American constitutional law of respecting sovereignty of independent states and international human right law and convention.
Ms. Rice was reportedly refused a job in an American university due to a protest organized against her because of her alleged involvement in human rights abuses. An Israeli general wanted for war crimes managed to flee UK after staying in the plane on Heathrow for four hours to avoid arrest to avoid arrest under international law. World understands war crimes against Israel but incidents in New Zealand and local American university against US Secretary of State shows that White House needs to review its human rights policy to improve its image.
Next, Obama should ensure that as international norms of diplomacy and state relations, US state department not pentagon should give policy statements to end the perception of pentagon and intelligence agencies acting as states within a state in Democratic America. It is also hoped that American diplomats in Pakistan are told to observe professional etiquettes to uphold US constitution and American image. In all fairness, it is about time for replace US diplomats in Pakistan with members of diplomatic corps who represent constitution of American not Bush policies.
It is opined that Islamabad should formulate independent foreign policy. Washington instead of turning Islamabad into American outpost in the region should support institutional development in Pakistan to strengthen it politically, economically and socially. A stronger stable Pakistan supports global interests than forcing a country of 160 million population to be dependent on 2/3 billion annual foreign aid for vested stakes. Pakistan can easily generate over 100 billion US dollars through value added agri, dairy, textile and human resource exports.
If Washington continues to rely on military solutions to end complex Afghan situation it will further destabilize Pakistan and isolate itself in the region. People of Pakistan who looked up to America as shining example of rule of law, democracy and human rights are bitterly disappointed. The continuation of imperialistic policies in region, Philippines, and sixty other countries across the world with US forces is raising serious questions.
An average Pakistani cannot be blamed for believing that Musharraf´s attack on country´s judiciary was done at the behest of western powers to sustain so-called war against terrorism etc., which by the way most people in Pakistan, Afghanistan and India believe is an excuse for geo-strategic US presence in the region including China and Russia. Sec. Defense Gates reported statement that there is no plan of US withdrawal from Afghanistan in foreseeable future is case in point.
FATA in Pakistan is more about this strategic bigger picture than investment of billions of dollars to purge the 29,000 Km2 FATA from handful of miscreants shown on western media brandishing primitive weapons driving western brand vehicles as terrorists. Reportedly, jehadis supported west from Pakistan in its war against former USSR. West, Washington, Islamabad, Kabul instead of facilitating these former fighters to return to normal life to restore peace have started using such people to pursue geo-strategic and geo-economic stakes. All this is ultimately translating into popular discontentment, local resentment and reaction. The world must realize that to end all this politics, diplomacy, civil courts not use of military power is the way forward.
The reports of expanding US drone attacks to Baluchistan soon after President Zaradari´s visit to Iran have prompted concerns about fate of Pak-Iran gas pipeline. Washington in the past has objected to the process. Energy deficient Pakistan needs gas to sustain its sagging economy. Reportedly, Pakistan is facing 5000 MW shortfall of electricity that is adversely affecting its industry, increasing unemployment due to energy deficiency, and soaring electricity cost resulting in increased cost of production and loss of markets. Washington however feels that gas pipeline is violation of international sanctions against Iran.
Independent observers however feel that Pak-Iran gas pipeline will ultimately link China with Iran on south and in turn China will act as Iran´s gateway to Europe through established Russian energy network. Therefore, calls of drone strikes in Baluchistan have strategic implications. Islamabad will be the worst hit party because it will not only deprive the planners of cheap Iranian gas that will have adverse affects on expansion of local industry compound unemployment.
Pipelines are cumbersome process and it is difficult to find alternates. It is hoped that sense prevails and Islamabad is allowed to go ahead with much needed Pak-Iran gas pipeline project which has already been delayed for last two decades. Washington needs to review its position on Pak-Iran gas pipeline in interest of ordinary Pakistanis as they struggle to make both ends meet. Reportedly 86 percent Pakistanis are living $2 a day and sixty percent are unemployed.
Flawed Bush policies in the region have already cost American a strong regional ally in form of Delhi. Reportedly, left leaning Third Front is likely to form government in India. CP(I) is likely to ditch the Indo-US deal as a proof of independent foreign policy. Europe has already abandoned America due to its failure to respect international law and human rights, end Bush´s war policies and control Israel.
Following bickering in G-8 over future economic revival plans in all probability G-20 summit and NATO will prove to be the end of Gordon Brown´s undemocratic stay in power in UK. It could also raise serious challenge to Sarkozy stay in power in France who escaped narrowly in a no-confidence vote last month. With expected departure of both Brown and Sarkozy, and deep resentment in Europe over Obama´s ´buy America´ clause perceived as return of protectionism Washington will have to dig hard to find support for its war agenda in pro-human rights Europe.
With waning support for EU itself (technically after the Irish vote rejecting EU, it should have been disbanded) and absence of political leadership support for Washington the world has started questioning support of EU´s administrative leadership including secretary general and foreign secretary. Public has started asking why should their tax money be used to pay them. They instead of protecting EU´s economic interests have ended up as Washington´s mouthpiece in Europe. It is a fair demand.
It is equally true for NATO that was originally created to protect Europe what is it doing in Afghanistan. NATO leadership instead of respecting European public´s demand to scrap NATO is pushing for active involvement of European forces in Asia on flimsy grounds and flawed policies resulting in threat to Europe´s legal system, individual national security of states and complex human rights issues including Geneva Convention, Roman Statue, EU and UN Human Rights Charters. Washington and London have failed to ratify UN Human Rights Conventions.
All this generates a complex loop that has and is compromising global and national legal systems, undermining human rights and religious rights. All this in turn attracts discontentment and reaction. It has snowballed into a challenge that is beyond the capabilities of entire world´s military, international human rights or media. If there is a solution to restore peace in the world it is return to law, justice and constitutions. In this regard the struggle for independence of Judiciary in Pakistan is a positive start. It has shown the west that way forward.
The state controlled western media however has failed to highlight the importance of effective judiciaries and legal systems as effective solutions to national security. In December 2007, a New York Times editorial called for use justice system to fight terrorism. Obama has recognized importance of justice system in fighting terrorism but he is unable to use this economic yet most effective method to combat terrorism.
Obama is supporting trials of detainees in civil courts within America only instead of allowing similar policy in rest of the world. Pakistan´s FM´s Wednesday press briefing, announcing US review of drone policy delayed to May and Islamabad failure to bring an immediate end to drone attacks and those responsible to international court is a case in point.
However, time is equally running out for Obama who has failed to change course on ´boots on ground´ policy, Bush´s disdain for international conventions and human rights, Palestine, Kashmir, Ireland and Chechnya. Upcoming G-20 and NATO moots will show that Obama has not changed Bush´s policies.
I think like allowing the sick and zombie banks to fall, Obama needs to bite the bullet and transfer the so-called war against terrorism from battlefields to civil courts. National legal systems and constitutions are perfectly capable to deliver prompt justice but justice that is also seen. It will end the menace. It should decimate Washington, Europe and Islamabad´s military expenditure and allow the funds to be used for public welfare. Reportedly, the US military expenditure was $711 billion in 2007 in contrast to Bush $750 stimulus package. Above all it will restore peace and make the world safer and better place to live.
Pakistan should protect independence of judiciary as national security interest. Public has won an important victory in the war as compared to the 36 year old struggle of protecting independence of judiciary in Philippines from the days of Marcos that also compromised country´s nuclear program. The people of Pakistan must stay united to allow independent judiciary discharge its duties in accordance to country´s 1973 constitution and ward off any underhand tactic to undo the public demand. In this regard, nation as a whole need to learn from history of Philippines´ judiciary, VFA agreement and drawbacks of America´s flawed use of force-based flawed global policies.
Finally, Obama needs to stand up for restoration of independent judiciaries in third world countries as part of stabilizing democracies, respecting human rights, dispensation of justice, eradication of corruption and restoring peace and security. It is an enormous challenge that even exceeds current global economic recession because people can survive without food but no society, culture or community but not without justice. In a way the movement for independence of judiciary in Pakistan has offered world community a last chance to regain initiative for global peace. It is time to reset the policies in Washington so that law, constitution and justice can protect the nations. Failure of Bush policies and America´s vote for change shows that use of force, support for dictators and undermining of justice systems have failed to make the world a safer place to live, work and do business.
History of the article:
It was written originally written for the Pakistan Observer (www.pakobserver.net) in relation to 16 March, Long March as Judiciary: logic nor oracle. The march brought hundreds and thousands of Pakistanis from all walks of life on the roads calling for Independence of Judiciary, return of ousted Chief Justice of Pakistan by a military dictator and the permanent end to the ´Doctrine of necessity´ used by military dictators to bring martial laws.
Justice Iftikhar Chaudhry, Chief Justice of Pakistan, has been awarded a medal by Harvard University in recognition of his services to independence of judiciary. Justice Chaudhry refused to follow orders of West backed Dictator General Musharraf. In recognition of his courage and unique stand, Justice Chaudhry was given honorary membership of New York Bar Association.
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