Human Rights and Democratic Development in Pakistan

by Hina Jilani

Part III

2.  Participation rights

      Participation rights are a prerequisite for sustainable democracy. Pakistan's prospects for democracy in the existing environment will be examined in this section of the study, through indicators relevant to the right to participate. How institutions operate in the exercise of rights that allow and promote participation is discussed together with the legal and policy framework for a series of relevant rights.

      Issues of national identity (107) and citizenship are central to Pakistan's potential for democratic development. Successive periods of military rule, authoritarian civilian regimes and an absence of commitment to democratic governance have marginalized large sections of society. Procedural arrangements for representation have made little difference to the exclusion of citizens from decision-making. Powerful social and political interest groups are able to check the development of civil society institutions crucial for national integration and for enhancing the perception of a common interest. Division of the citizenry into minority and majority has resulted in a deepening crisis of participation (108). Ethnic, regional, linguistic and religious group controversies have heightened tensions thus posing a distinct challenge to the concept of Pakistani nationhood (109). Pakistan's political, military and bureaucratic elites have nonetheless persisted in centralizing power at the national level and in treating the nation-state as a focal point of identity. Their policies and behaviour have refused to recognize or come to grips with the tensions emerging from the assertion of identity by regional or ethnic groups.

Decentralization

      Pakistan's four provinces demonstrate considerable political, ethnic and cultural diversity. At the same time the asymmetry of the geographic, demographic and economic composition of the provinces has caused political and economic disparity, resulting in unequal access to opportunities and resources. A sense of deprivation has led to political tensions, sub-national and ethnic conflicts, and antipathy to centralized political and economic power. On the one hand, constitutional arrangements for political autonomy of the federating units are weak and inadequate and, on the other, State authority has been aggressively imposed to curtail expressions of autonomy. Such expressions have often verged upon separatist tendencies.

     Arrangements made under the formula of Independence with parts of Balochistan and the North West Frontier Province, which did not form part of British India, have created dissimilarities from other parts of Pakistan in their political and legal administration. Parts of NWFP are designated as Federally Administered Tribal Areas which are governed by the federal government through a political agent. Writ of the Pakistani courts does not extend to these areas, and laws of the country are generally not applicable to them. Differences arising from special arrangements have led to lack of uniformity in the application of fundamental rights and laws and in universality of franchise. Special laws are in force in both Balochistan and the Tribal Areas of NWFP. The special laws include laws creating extra-judicial tribunals with jurisdiction to try criminal offences and civil disputes. Tribal elites maintain substantial control in both the public and private domains. Even where constitutional and legislative measures are applicable, norms of human rights and democracy are resisted as a threat to traditional systems and tribal culture.

      The State has, by and large, failed in its responsibility to enforce fundamental rights and freedoms uniformly. While governments have responded to challenges to State authority by tribal elites, either using force or political and economic manipulation, the fate of the population has generally been subject to their control (110). This has been a significant factor in uneven development, gaps in the degree of social awareness and social and political mobilization. The last PPP government introduced development projects in Balochistan, mainly in the area of education. It is claimed by some that these initiatives aim to produce a bourgeoisie in the province that will be a challenge to the Sardari (Baloch tribal chiefs) system. To what extent it will be possible to achieve structural reform of the social and political institutions in Balochistan, more consonant with rights and democratic development, is yet uncertain.

      Despite limited opportunities for developing democratic practices, a demand for grassroots democracy does exist (111). Public debates on governance have emphasized the need for devolution of power and the importance of building local government institutions in order for people to exercise real participation in decision-making. However, political tensions and power politics have prevented any sustained experience of local government. Local bodies too have been preyed upon by political rivalries and polarization. In Sindh and Punjab, where a local government system was instituted, ethnic and political polarization resulted in its untimely arrest. Above all, the culture of centralization has prevented any real devolution of power. Local bodies are unable to perform the functions assigned to them under the law because financial resources are not available. They have very little scope for revenue collection and are, therefore, dependent on allocation of resources from the provincial governments. Citizen participation remains limited to a mechanical exercise of franchise, without any effective participation in governance. As long as decision-making is not decentralized, prospects for community influence over policy-making, priorities for resource allocation and over the process and direction of development remain slim.

Organizational Processes

      Though weakened and fragmented, political parties have survived frequent and prolonged interruptions in the political process. Social and political alliances have traditionally been based on family, clan, tribe or religious sect (112). Pakistan has had enormous difficulties in developing and sustaining organizations beyond these levels. Soon after Independence, politics in Pakistan came under the sway of the civil and military bureaucracy and stayed there for nearly two decades. Political parties and factional groups existed, but politics remained in low key during much of this period.

      The process of organizational transformation has been slow. Industrialization, urbanization and increased levels of literacy have resulted in an increase in politicization. A visible shift in the pattern of political association was seen in the composition of and support for the Pakistan People's Party in 1970. In the former East Wing of the country, the situation was different, and a more heterogeneous mixture of membership existed. General Zia-ul-Haq's policy of depoliticization of the population, coupled with support for non-party systems, resulted in dominance of two interest groups in politics, the feudal and the industrialist classes. The latter has now become as entrenched in the power structures as the former have always been. This factor has had significant effect on politics and representative democracy in Pakistan.

      Weaknesses in the organization and internal management of political parties is a factor responsible for disarray in Pakistani politics. Religious parties, like the Jamaat-i-Islami, have shown better organizational skills and ability to enforce internal discipline. Whether the Jamaat is a mainstream political party or a religious party in politics is subject to debate. Most political parties depend on the leadership of one individual and a second line of leadership is often missing, resulting in autocratic tendencies in the leadership. Loss of the principal leader has often led to power struggles within political parties ending in factionalism. Lack of democratic practices within parties has restricted sensitivity to democratic norms. Only a few of the parties have established an authentic system for elections to party office. The rank and file has little say in party policies and does not enjoy a structured, sustained and effective form of participation.

      Very few political parties are national in scope. Presently only the Pakistan People's Party and the Pakistan Muslim League have a national presence. Some of the religious political groups, organized as political parties and participating in elections, have pockets of influence in different parts of the country. Many of the political parties have only regional or ethnic constituencies. Some of these regional and ethnic parties, however, have strong spheres of interest and are capable of challenging the two major parties in their particular constituencies and regions.

      Lack of organizational capacity and stable performance of political parties is also largely due to the political environment. Control and regulation of almost all forms of group activity in Pakistan has been a constant feature. Political parties have also been victim to government intervention and harassment. Only in the past eight years have political parties been allowed a greater degree of freedom to operate (113). However, parties have been responsible for a great deal of their own weaknesses. Integrity of political parties has been compromised by practices that the larger parties have adopted for increasing their own strength in Parliament or reducing that of their opponents. One such injurious practice is that of buying or coercing defections from opposing parties. This practice has been increasingly adopted by both government and the opposition parties and is commonly referred to as "horse-trading" (114) .

      Pakistan has experienced seven national elections since 1970. The only election which was organized on a non-party basis during this period was in 1985. Political parties have contested all the others on a party basis. Excepting the elections held in 1970, none of the others were judged free and fair by all parties to the contest. Objections to electoral processes have been numerous and varied. Contesting parties and candidates have, by and large, failed to prepare themselves against electoral malpractices, or to contribute towards a more healthy environment for elections. Political parties have rarely engaged in political awareness programmes or voter education. None of the parties has ever conducted a campaign for voter registration, but all are suspected of tampering with voters' lists. Party candidates themselves have often engaged in electoral malpractices. Inter-party rivalries are especially heightened during elections and poll violence has been a common occurrence. Intimidation of voters and polling staff are not unknown.

      Democratic development is supported by initiatives of non-governmental organizations (NGOs). The quality of democracy in Pakistan will depend a great deal on their contribution. Despite serious impediments, lack of State encouragement and long-standing neglect, NGOs have persisted in their efforts to strengthen civil society. NGOs can be divided into two categories: those with a development-oriented approach and those with a rights approach (115). The latter have been seen as a challenge by the establishment, and their relationship to governments and the State has been strained. More recently, however, this strain has eased to some extent. Groups not seen as hostile by governments have by and large worked within an approved framework. However, while avenues of government and NGO collaboration in some sectors have opened, tensions still undermine the potential for an open relationship based on mutual trust. Much needs to be done to create an enabling environment for NGOs (116) to perform their role in repairing the fractures of civil society.

NOTES

107)     Ethnic groups in Pakistan are usually identified on the basis of province of birth, e.g., the Punjabis and the Sindhis. This is, however, not the case with many of the ethnic groups who, within a province, claim a distinct ethnic or sub-national identity. The Mohajirs in Sind, the Pathans in NWFP, the Balochs, the Brohis and the Makranis in Baluchistan. Return

108)     All non-Muslim communities are categorized as minorities. Return

109)     Pakistan was created on the basis that there are two nations in the Indian sub-continent, the Hindus and the Muslims, each having the right to exist as an independent nation-state. Return

110)     Successive governments have had conflicts with tribal chiefs, mostly over the natural resources located on tribal property, but under the control of the Federal Government, e.g deposits of natural gas in Sui, a part of the Bugti land. Return

111)     Article 32 of the Constitution affirms the promotion of local government institutions as a principle of State policy. Special representation to peasants, workers and women in such institutions is promised. Return

112)     Kochnak, Interest Groups and Development. Return

113)     À It may, however, be noted that the Political Parties Act, 1962 was amended in 1988 to place a restriction on the operation of political parties "formed with the object of propagating any opinion, or acting in any manner prejudicial to the Islamic Ideology, or the sovereignty or integrity of Pakistan, or morality, or the maintenance of public order". Political positions taken by parties and individuals are frequently attacked as being opposed to "Islamic ideology" and political parties have been victimized on this basis. What constitutes a deviation from Islamic ideology is by and large dependent on individual notions and beliefs. Return

114)     In the judgment in the case of the dissolution of the National Assembly by the President in 1993, the factor of "horse trading" has been extensively discussed. It was held to be one of the grounds justifying the dissolution of the Assembly. Return

115)     Refer to section on Non-Governmental Organizations for explanation of the difference between the two approaches. Return

116)     See section on Non-Governmental Organizations. Return