Tuesday, June 10, 2008

Long March or Big Farce?

As the "Long March" by the Pakistani lawyers gets headlines in Pakistan and around the world, it is natural to ask what is all the fuss about? Ostensibly, it is to restore Pakistani judiciary as an independent and powerful institution and strengthen democracy. But is this a realistic expectation that an independent, powerful judiciary supported by lawyers and the media in Pakistan would be good for democracy and the rights of the average citizen? Let's look at the following facts to answer this question:

1. In most international opinion surveys on professional ethics, lawyers consistently rank near the bottom. They are slightly below the journalists and above the politicians and used car salesmen in how they are perceived by the general public worldwide. If the recent success of the movie "Michael Clayton" is any indication, the public perception of lawyers breaks down into four archetypes, each represented by a character in the movie: brutal (Sydney Pollack), disappointed (George Clooney), psychotic (Tom Wilkinson) and criminal (Tilda Swinton). It’s probably no coincidence that Clayton’s only Oscar went to Swinton.

2. In most of the rest of the world, the judges are generally perceived as honest. But not in Pakistan. According to Transparency International surveys, the Pakistani judiciary is considered the third most corrupt institution after police and power departments. Even the taxation and customs people are regarded as more honest than the judges. Among the four provincial governments, the Transparency survey ranks Punjab (the hub of the lawyers movement) as the most corrupt and NWFP the least corrupt.

3. The Pakistani judiciary (including Justice Iftikhar Chaudhry with PCO-I) has a long and inglorious history of undermining the laws and the constitution of Pakistan. This scribe has had personal experience with the individual judges of the highest courts showing little respect for the rule of law and engaging in corrupt practices and nepotism in their own personal lives for petty gains.

So why are the judges and the lawyers being elevated to such high stature by the "civil society" (read: foreign-funded NGOs*) and their media and politician cheerleaders? The answer probably lies in their obsessive need for vengeance against Musharraf by the PML(N), the lawyers and the journalists.

It probably goes beyond that. The real agenda appears to be to frustrate the newly elected PPP government and make it impossible for it to deliver on the PPP promises to the people in terms of their basic needs of roti, bijli and paani. Such a failure would likely result in the ouster of the PPP, early elections and the "restoration" of the pre-1999 situation with PML(N) government led by Nawaz Sharif.
This agenda can be accomplished with or without the restoration of judges. If the activist judges such as Iftikhar Chaudhry are restored, they can get rid of Musharraf by declaring his election invalid and rule against his NRO to put Zardari behind bars. Even if the judges are not restored, the continuing turmoil will still serve Nawaz Sharif's purpose of forcing early elections and ensuring his victory by pointing to lack of performance by Zardari.

The risk is that all the scheming by Nawaz Sharif and his supporters may actually give civilian led democracy a bad name and damage its prospects in Pakistan.

*Note on "civil society" NGOs: A recent Asian Development Bank report on Pakistani NGOs says as follows: "Much of the alarm of the Government about NGOs is recent and direct result of activities of the new breed of NGOs that appear less interested in delivering services or implementing development projects than in lobbying and advocacy. Many of these NGOs have sprung up overnight, and many appear to have huge funds and international support at their command, even though they lack any track record. They are often perceived as agents of outsiders with agendas that may be detrimental to Pakistan."

7 comments:

anas said...

Now that is precisely what I think. Very logical post with valid reasons and not based on rumors. I've tried to cover some anomalies of this Long March on my blog as well.

Anonymous said...

awesome, your comments are that of true patriotic pakistani, keeya Dil kee baat khe dee

Riaz Haq said...

Amidst the orchestrated march by the lawless lawyers and "civil society" to the loud drumbeat of the media, it is important that the dissenting voices be heard and not be drowned out. We can not and should not allow a bunch of black coats to distract the elected civilian government from addressing the real needs of the people for roti, bijli and paani. We can not and should not allow any one to destroy Pakistan's economy and the livelihood of millions of ordinary citizens to satisfy the whims of the well dressed and the well fed few. If , God forbid, they do succeed, it will only lead to more chaos and suffering for all Pakistanis.

Anonymous said...

i have to say this again .only people like u and mqm say these sort of things.if the judges have stood up to a dictator why the hell r u people bent on punishing them.this is the only chance to prevent further coups.ppp didnot win the election on roti kapra makan slogan.they won the hate vote against musharraf by chanting pro judiciary slogans.and ppp is now backing out of its promise because assholes like asif zardari worry that their corruption will not go unchecked.u dunt live in pakistan i do.every person from an illiterate labour to educated people know and respect iftikhar chaudry and want the hero judges back.but people like u who are abroad and have no real picture about pakistan realities say things like that.PPP is creating problems for itself.zardari was never sincere about judges restoration.how can u make judiciary indeppendent when u punish those judges who stood up to an urdu speaking fanatic dictator.

Riaz Haq said...

Dear Anonymous,
Thank you for sharing your view on the ground in Pakistan.
My concern is as follows:
Absolute power corrupts absolutely! Whether it is Musharraf, Inftikhar
Chaudhry, Zardari, Nawaz, you or I. A system of checks and balances is
necessary in a democracy to check the abuses. Justice Chaudhry did not understand that and proceeded to usurp the powers of the executive in his personal quest for revenge after he was restored the last time. He and his cohorts are likely to pursue the same agenda with greater vigor if restored again. We will then replace the tyranny of the military dictators by the tyranny of the judges. It will still be tyranny, not democracy. We want to end tyranny, not just Musharraf's or the military but of
the government that includes the judges.

Anonymous said...

There is an inintended benefit of the current turmoil; Mr. Zardari. No one is paying attention to his corruption and playboy lifestyle, who has elevated himself now to Mr. 15%.

Riaz Haq said...

Dear Anonymous,
Short term, there are several beneficiaries: 1. Nawaz Sharif, it's easier to protest than to govern in a coalition. 2. Zardari, he can carry on his personal agenda while the nation is pre-occupied with other issues and 3. Musharraf, he is enjoying the civilian leadership making a fool of themselves along with the media and the lawyers.

But long term, we are creating huge problems for the nation beset by basic issues of roti, bijli and paani that are going un-addressed.