Administration of Justice in Azad Kashmir and corrective measures

Administration of Justice in Azad Kashmir has been struck by scandals after scandals
at a time, when it is badly needed to enforce the provisions of right of self-
determination and rule of law. Unfortunately it has dispatched home a very able
judge chief justice High Court Mr. Justice M. Tabassum Aftab Alvi after many years
of service, on an administrative ground, apparently mala fide, without pension.
Justice Alvi has remained a man of integrity and has cast many leading judgements.
A review is pending.
Another scandal that has shaken the foundations of the discipline of justice, is a
petition brought against a senior lawyer, for benefitting from a fake law degree and
defending some newly appointed judges, whose appointments have been
challenged. It means there may be many more fakes in the system and all would end
up in a quid pro quo.
A petition has been rushed to International Law and Justice Commission of the UN
and to International Court of Justice in Hague on the prevailing situation of suspicion
surrounding the legal system in Azad Kashmir. How the two UN bodies react to the
petition filed by a Canada based organization remains a surprise. Whatever, the
merits of the case, it does not reflect well on the discipline of justice in Azad Kashmir.
Bench and the Bar are under clouds of mistrust and bad doing. International Bar
Association London has been copied into this correspondence.
We are engaged in realising the right of self-determination and in exposing India for
her human rights violations in Indian occupied Kashmir. It does not augur well, if the
world is told about our bad habits in Azad Kashmir. JKCHR has argued the case of
independence of Judges and Lawyers in Pakistan at the UN in its UN GA document
42 dated 7 June 2007 and the case of independence of Judges and Lawyers in Azad
Kashmir at the UN in its UN GA document 16 dated 31 August 2007.People of
Kashmir and advocates of their case need to remain credible at the UN and at all
forums.
The judiciary in Azad Kashmir has its problems and these have started surfacing due
to the reach and interest of social media. The habitat has had a history of good judges
and administration of justice.These judges released political prisoners on a Rupee
one bond during martial law, took keen interest in habeas corpus applications and

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in the rights of the prisoners, regardless of the faith or political view or origin of the
prisoner.
Administration of Justice in AJK needs to correct itself and serve the principle of
substantive justice. People of the area engaged in their struggle for the right of self-
determination are bound to come into conflict with the State, on the interpretation
of UN Resolutions on Kashmir, their rights and obligations. As an easy way out the
Higher Courts in Azad Kashmir have given up on their original jurisdiction to take a
suo moto action in public interest.
Governments in Pakistan shall have to uphold the international standards in the
administration of justice in Azad Kashmir. More so, Government of Pakistan can’t
deny the people or Courts in Azad Kashmir, what is available to people and Courts in
Pakistan
Without asserting this jurisdiction, Courts may not be serving the administration of
justice but are seen keeping their hands in the State gloves. The argument that
Constitution Act 1974 does not confer this jurisdiction on these Courts has no merit.
In fact the judges avoid to tangle with the State and this adds to the disservice of
public interest. It is a serious misinterpretation of the Act 1974.
Courts of Azad Kashmir have a duty to interpret the Constitution and fix where things
are unconstitutional or at war with the basic principles of justice or clash with human
nights of a citizen. Why should a constitution restrain a superior court (High Court or
Supreme Court) from exercising its suo moto powers in public interest? As a start the
Courts have to examine the merits of INSTRUCTIONAL role of Government of
Pakistan in Act 1974.
It is the lack of knowledge or lack of proper training in the interpretation of statutes
that Azad Kashmiri judiciary and lawyers, do not want to over sweat themselves on
this principle of jurisprudence. The Act 1974 is proposed by the Government of
Pakistan “in the discharge of its responsibilities under the UNCIP Resolution”.
In other words Government of Pakistan has used delegated or assumed powers
under UNCIP Resolutions in proposing the Act 1974. Responsibility is an obligation
to do something. It is the duty that a person is required to perform in organizational
tasks, assignments or functions. At the same time, it is also worth mentioning that
while authority can be delegated, responsibility cannot be delegated.
Government of Pakistan has used the responsibilities conferred upon it and not the
original authority of UNCIP Resolutions. A “power” is an authority to act, whereas a
“duty” is an obligation. A duty compels to act, or prohibits from acting in certain
situations. A power, on the other hand, allows to act in a certain way, subject to

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discretion. It is important to point out that Authority is the power to give orders and
get it obeyed or in other words it is the power to take decisions. Responsibility means
state of being accountable or answerable for any obligation, trust, debt or something
or in other words it means obligation to complete a job assigned on time and in best
way.
Courts in Azad Kashmir have never so far even touched upon the literal
interpretation of “responsibilities of Pakistan under UNCIP Resolutions”.
Responsibility means state of being accountable or answerable for any obligation
that Pakistan has undertaken. UNCIP Resolution would never mean to prejudice or
hurt the discipline of administration of justice in Azad Kashmir. Governments in
Pakistan shall have to uphold the international standards in the administration of
justice in Azad Kashmir. More so, Government of Pakistan can’t deny the people or
Courts in Azad Kashmir, what is available to people and Courts in Pakistan.
Responsibilities assumed under UNCIP Resolutions in Azad Kashmir, raise the burden
of responsibility and accountability of the Government of Pakistan.
By: Syed Nazir Gilani
Source: Daily Times

The author is President of London based Jammu and Kashmir Council for Human
Rights – NGO in Special Consultative Status with the United Nations

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 Budget 2020 and CPEC
The economic survey and budget documents are presenting a dismal picture of
economy. The economy has contracted. Major production sectors, except
agriculture is showing negative growth. Government could not achieve any major
target of major indicators of economy. It was expected in the backdrop of COVID-19.
As we know, the world economy is contracting, and people are losing jobs. The
inflation has just started to rise, and people are with few resources to combat. So,
we cannot blame the government of Pakistan for the bleak state of economy at this
point of time.
However, the choices by government to combat this situation would be major area
of interest to watch. Although, the situation is complicated but certainly Pakistan
have options to combat itlike CPEC. It is not rhetoric but a reality. But to exploit the
CPEC for economic revival would require a comprehensive policy and action plan.
First of all, Pakistan needs to come out of ifs and buts. We should stop listening to
international experts and focus on our needs and ways to doing business. The
mantra to keep happy or satisfy all, will not work. Every country has its own interest
which they try to put forward through different organizations by providing them
funding at one name or other. They also use propaganda mechanism to distract us.
Pakistan should not give head to them and keeping working on indigenous solutions
and take actions which are needed for the development of country. Besides, we also
need to share our narrative and facts very clearly and loudly, which will help our
people to understand the propaganda. It will pave way for smooth implementation
of CPEC.
Second, Pakistan needs to focus on our strengths and stop buying fake dreams. We
need to understand that our strength is agriculture at this point of time. CPEC
provides us an excellent opportunity to capitalize on it. Recently, Pakistan and China
have signed an MoU to strengthen our cooperation. China has also agreed to provide
US$ 100 million for agriculture sector under social development program during this
year. It would be a good chance for Pakistan to use this fund for development of
agriculture and fight the challenge of locust.
Moreover, under the MoU Pakistan can promote joint ventures especially in supply
chain of agriculture. The biggest challenge in supply chain of agriculture isthe
shortage of cold storage and quality of transport with cold storage facility. The
investment in supply chain will help Pakistan in different ways. First, it will increase
the shelf life of perishable commodities. Second, it will also help to maintain quality
ofperishable and non-perishable commodities for long time period. Third,

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consumers will get quality products. These all activities will also help farmers to save
their resources and earn more.
The second area for short-term would-be establishment of quality control and
certification facilities. It is biggest hurdle to enhance our agriculture trade along with
supply chain. The availability of these services will give a boost to agricultural export
in short run.In long run Pakistan will benefit by attracting investment in sector for
mechanization and climate compatible agricultural practices. Climate change has
emerged as the biggest challenge for agriculture. Pakistan is already suffering and
during the current year we have witnessed the un-expected rain at time of harvest
of Rabi crops. The cooperation under CPEC can help us to combat these challenges.
Third, area would be construction projects under the CPEC including ML-1, road
infrastructure, dams and most importantly SEZs and service facilities. It is good to
note that Pakistan has allocated a good amount of resources for different
construction projects in the budget. Although it is not according to demand, but it is
good start. The allocation of budget for ML-1 is a sign that government will start this
project soon. However, there is less focus on physical infrastructure of SEZs and
within SEZs like residential, services and industrial buildings. By focusing on these
areas, government can attract good investment from China through different
Chinese government institutions and companies.
Government should look for investors from China, which can invest in SEZ residential
infrastructure. It would be easier to convince China, as China has already committed
US$ 100 million for housing projects in Pakistan under social development program
Hence, government should immediately start negotiation with China to secure
investment for industrial, services and residential infrastructure. Residential
infrastructure is already priority of government of Pakistan. Hence, government
should look for investors from China, which can invest in SEZ residential
infrastructure. It would be easier to convince China, as China has already committed
US$ 100 million for housing projects in Pakistan under social development program.
Industrial infrastructure would be helpful to accelerate the process of
industrialization in addition to construction activities. These all activities would help
Pakistan for creation of jobs in short run and better functioning of SEZs in long run.
The creation of jobs will be instrumental to give boost to domestic business through
consumption. It will also contribute in the national revenue through taxes and
domestic consumption of governmental services like electricity etc. Fourth, under
CPEC government can talk with China for the inclusion of some SMEs or products in
the supply chain of China. For example, we can negotiate to include some parts of

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machinery or food items. It will help Pakistan to secure export market through
established products. In present scenario, inclusion in China’s supply chain is only
hope, to recover the export loss in short run because China is only exception with
positive GDP in this COVID-19 crisis.
However, to exploit the benefits of CPEC, Pakistan needs wisdom and have to move
away from the street smartness approach. Unfortunately, we are not great fan of
the concept of wisdom, but we love street smartness. We are paying price for this
street smartness and ignoring the wisdom. Again, we are trying to do the same by
ignoring sustainable benefits and focusing on gimmicks. Our strategy seems to be
opposite of the saying “one bird in hand is better than two in bushes”. We keep eye
on two but ignore what we have. For example, presently, we talk a lot about
digitalization but ignore the facts. There is no second opinion about the importance
of digitalization, but the problem is do we have resources for it. Do we have all
instruments of digitalization or we are just focusing on internet or some services
related to digitalization? There are many more questions to be answer. The wise
strategy would be to look at available opportunities and plan digitalization according
to development status in a step wise manner.
Lastly, the wisdom tells us that CPEC is our strength and best opportunity available,
at this point of time. We need to focus on it and accelerate the implementation of
CPEC. For that purpose, we need to consolidate our efforts and institutional
mechanisms. Right now, there are a good number of champions of CPEC, which
sometime delay the implementation of some decisions. The best candidate for
consolidation would be CPEC Authority. It is already doing good job as we have
witnessed improvement in management of CPEC but strengthening of authority will
give it more space to play.
By: Shakeel Ahmad Ramay
Source: Daily Times

The writer is Director, Asia Study Center, SDPI.

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 Want to discriminate? ask God first! (Part-I)
“If me [sic] being gay was a choice, it was a choice that was made far, far above my
pay grade,” Buttigieg said. “And that’s the thing I wish Mike Pence’s of the world
would understand. That if you got a problem with who I am, your problem is not with
me — your quarrel, sir, is with my creator.” This was the response to Mike Pence,
Vice President of the United States, by the ex-Democratic presidential candidate,
Pete Buttigieg.
This was the best response I have been looking for as to why people should not
discriminate. No human being is perfect; everyone has moral and ethical flaws.
However, physical, religious, cultural, race, ethnicity, origin, and gender are not flaws
because no one except God chooses them. Therefore, anyone who discriminates
based on these characteristics should question (ask) God.
People discriminate on many bases. Therefore, societies, races, and countries are in
turmoil because they use God-given characteristics to blame other people for no
fault of theirs. The reason a person is white, brown, or black is that he or she was
born that way. That person had no choice. Therefore, if anyone has a problem with
whiteness, brownness, blackness, or any other human features and characteristics
of human beings, they should ask God why He created people (discriminators) so
stupid as not to know who creates people. Their quarrel should be with God, the
creator, for creating them (discriminators) stupid.
People discriminate on any basis, but religion is the most common cause of
discrimination and conflict. The choice of a religion is not the fault of a person born
into a specific religious family. It was not a choice; God created that person assigned
to a family. Since many conflicts and destruction of countries are the result of
religion, one needs to understand different religions and sects within a particular
religion. In sociology, a sect is a name given to a group of people who break away
from a larger, established religious denomination or movement because of a set of
beliefs that differ in some fundamental ways. While many views and practices of a
sect will overlap with those of the larger group, other beliefs will be distinct enough
to warrant a schism or division between the groups.
Catholicism is an example of a denomination of the Christian religion. It shares some
overarching beliefs with other Christian denominations but has its own beliefs,
traditions, and rituals as well. An example of a sect within Catholicism is the
Community of the Lady of All Peoples, also known as the Army of Mary. This group’s
beliefs depart from the official doctrine of the church.

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Learnreligions.com states that “Today, sects are still prominent. One of the most well
known is the Church of Jesus Christ of Latter-Day Saints, more commonly referred to
as Mormons. The Mormon sect eventually evolved into its own denomination of
Christianity and continues to increase in followers.” Sects are often subsets of
religions due to their members’ perceived need for reform. As the sect grows, it
becomes more established, builds a congregation, and becomes more accepted into
the mainstream. At that point, it becomes a denomination.
While sects are often used to describe extreme religious views, many sects are
peaceful and differ with the larger denomination over some particular issues. As time
passes, many become accepted as mainstream denominations. Christianity has the
largest number of sects. In the past, Christians associated sects with heresy and
blasphemous beliefs, but in recent years, sects have become more respected for
their beliefs. A Christian sect is recognized as separate from the core religion over
certain beliefs and practices.
The history of humanity is sodden with discrimination. It takes different forms and
shapes, and modern society is not an exception
Within the Catholic Church, many sects operate separately but still consider
themselves Catholic:
* The community of the Lady of All Nations: Founded in 1971, this sect believes that
its founder, Marie PauleGiguere, is the reincarnation of the Virgin Mary. This differs
from the Catholic belief that reincarnation is not possible and that Mary was
ascended to heaven.
* Palmarian Catholic Church: The Palmarian Catholic Church does not recognize the
current papacy as valid and infallible, splitting with the Roman Catholic Church. They
have not recognized the authority of the Pope since the death of Pope Paul VI in
1978.
Besides sects in the Catholic Church, there are many other sects in Christianity. Each
one has a common belief with variation making them a separate sect. They are
Protestantism, Eastern Orthodoxy, Anglicanism, Oriental Orthodoxy, Non-Trinitarian
Restorationism, and miscellaneous branches.
Islam also has some religious sects; each one follows Islam’s traditional teachings
with some variation. There are two (the third, Ahmadi was declared non-Muslim by
the Pakistan government) main core groups, but each one has several sub-sects as
well:
* Sunni Islam: This is the largest Muslim sect, and differs from other groups in that
they do not believe the Prophet Muhammad’s appointed a successor.

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* Shia Islam: Members of this group believe that Muhammad did appoint a
successor, in stark contrast to the Sunnis.
* Ahmadi: Like Mormonism, this was originally a splinter group. However, it mainly
exists in Pakistan, where it has now been declared non-Muslim under the law.
Everyone knows that to judge is wrong. Whether it is racism or just plain
discrimination, it is an act of wrongdoing. Yet people are blinded by religion or other
biases, and they often use it to discriminate.
The history of humanity is sodden with discrimination. It takes different forms and
shapes, and modern society is not an exception. It dominates cultural history and
has influenced many social, cultural, and economic occurrences that we see today.
Religion is often used as a common excuse for discrimination. As a result, in the
United States discrimination takes many forms:
1. Religiously-affiliated schools firing women because they become pregnant while
not married;
2. Business owners refusing to provide insurance coverage for contraception for
their employees;
3. Social workers refusing to counsel gay people;
4. Pharmacies turning away women seeking to fill birth control prescriptions; and
5. Bridal salons, photo studios, and reception halls closing their doors to same-sex
couples.
Worst yet, people are killed or attacked because of their religion or lack thereof. This
is a very common way for one group to show their disdain for other religions,
whether by an average person killing another human or a nation attacking another
nation because of religion. Some people in Western countries attack Muslims and
Jewish citizens and many Western countries, e.g., the US, attack or encourage other
nations to support removing leadership in Muslim countries because of their lack of
cooperation with the Western countries. Unfortunately, nothing can be done to
protect Muslim or Jewish citizens in Western countries or prevent Western countries
from attacking Muslim countries to change their leadership.
By: Syed Shahabuddin
Source: Daily Times

The writer is Ph.D. (USA), Professor Emeritus (USA)

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 Prisoners’ release in Afghanistan
The Afghanistan of today offers a semblance of “endless wars” owing to many
reasons including the inexorable supply of Afghan insurgents ready to lay down their
lives for their country or religion. The recruitment stream has not dried up, be it the
war against the Communist regime from 1979 to 1989, a civil war from 1990 to 1994,
a Taliban surge from 1994 to 2001, or the rule of the current Kabul regime since
2002.
On June 5 this year, led by President Ashraf Ghani, the ruling Kabul regime released
160 prisoners who were members of the Hezb-e Islami, a Pashtun resurgent group
turned political party led by Gulbuddin Hekmatyar, Afghan warlord and
Afghanistan’s former prime minister. The prisoners’ release was consequent to an
agreement that took place between Hekmatyar and Ghani on 28 April 2017 in Kabul.
Under the agreement, the Kabul government would resort to a phased release of
prisoners belonging to the Hezb-e Islami to express the gesture of goodwill. The
agreement also accorded impunity to Hekmatyar against the crime he committed in
the early 1990s such as showering Kabul with rockets and claiming the lives of
around fifty thousand innocent civilians. The agreement was a prodigious political
move by Ghani to divide the Pashtuns politically, since the move singled out the
Taliban as a resurgent group failing to reconcile itselfwith peace.
The entry of Hekmatyar in the Afghan scenario in 2017 indicated that Pakistan played
a role in pushing certain Pashtun militant groups to support the US-NATO peace
efforts in Afghanistan. Hekmatyar was also tolerable to the US reminiscing the days
of the Afghan jihad espousing the CIA-Hekmatyar anti-communist alliance.
The second column of prisoners’ release has been taking place under the US-Taliban
peace agreement signed on 28 February 2020 in Doha.As per the agreement, the
Taliban had to offer the respite of ceasefire after which the Taliban prisoners would
be released. Led by Mullah HaibatullahAkhunzada, the Taliban have so far secured
the release of more than half of prisoners out of the total demand of 5000 in return
for releasing one thousandsoldiers of the Afghan army. In totality, two types of
prisoners are being released: one owing to the 2017 agreement between Ghani and
Hekmatyar and second owing to the 2020 agreement between the US and the
Taliban.
Ghani appreciates the difference between dealing with Hekmatyar and Haibutullah.
First, the forces of Hekmatyar were routed by the Taliban in 1994 to claim victory
over south and eastern Afghanistan. Second, contrary to the non-participatory
stance of the Taliban, Hekmatyar contested the recently held presidential elections.

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Third, opposed to the Taliban, Hekmatyar announced to be tolerant to women’s
rights and education. Fourth, whereas the Taliban are still attacking the Afghan army
after the peace agreement of 2020, Hekmatyar is at peace with the Kabul regime
after the peace agreement of 2017. Fifth, whereas the Taliban are averse to talking
to the Ghani’s government, Hekmatyar has asked the Taliban to join the Kabul
regime.
Despite all differences between Haibatullah and Hekmatyar on the way the post-
withdrawal Afghanistan should be, the anti-media convergence of both will play a
conclusive influence on the future of Afghanistan
In the Ghani-Hekmatyar alliance, there has emerged a problem. On June 5, amongst
the prisoners released by the Ghani’s government was a prisoner namely Abdul
BasirSalangi, a former Afghan police officer who, in February 2012, had shot and
killed two American army officers, Major Robert Marchanti and Lt. Colonel
Loftis,who were working as military advisors in the Afghan Interior Ministry in Kabul.
Salangi had launched an insider attack called green-on-blue: Afghan security
personnel turning their guns at the US-NATO service members allying with them.In
2016, Salangi was captured and sentenced to 20 years in prison. Availing himself of
the advantage of being a member of the Hezb-e Islami, Salangi managed his release
just after four years. On the one hand, Salangi’s release has incurred the ire of the
families of the slain American officers whereas, on the other hand, his release
exemplifies the urgency on the part of the Ghani’s government to appease
Hekmatyar. The release is a timely reminder that both the Kabul regime and the US-
NATO forces are watching their own interests, even at the cost of each other’s
boundaries.
The US seems to be under the pressure of withdrawing its forces to permit the
incumbent US President Donald Trump to triumph over his electoral detractors late
this year. To achieve the objective, the US is giving concessions to the Taliban. On
the other hand, Ghani has been trying to reconcile his differences with Hekmatyar
to inveigle him into offering a support of the militia in case the US resorted to a hasty
withdrawal leaving the Kabul regime high and dry. Both Trump and Ghani have been
trying to watch their respective interests by adopting even mutually distinct policies.
Hitherto, things are running smoothly. On the one hand, the Afghan peace hinges on
prisoners’ swap whereas, on the other hand, the Taliban prisoners when freed may
prove a source of next round of insurgency and consequent atrocities. The
hidebound stance of the Taliban against women rights including their rights to
education and financial independence is known. Hekmatyarfavours women rights.

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Nevertheless, the area where both the Taliban and Hezb-e Islami converge is the
freedom of news media expressing free speech and difference of opinion. Both
Haibatullah and Hekmatyar are wary of permitting a role to the media, especially the
electronic media, to influence the Afghan society on liberal western lines. The
underlying apprehension is that the media is poised to transform the Afghan society
contravening the Afghan (Pashtun) culture and flouting the traditions of Islam.
In short, despite all differences between Haibatullah and Hekmatyar on the way the
post-withdrawal Afghanistan should be, the anti-media convergence of both will play
a conclusive influence on the future of Afghanistan. With silencing the media, the
freedom of women and minorities would also come under a strain. The power of the
Afghan media to be an enabler in society is bound to come under question. It is yet
to be seen how the Afghan media braces itself for the impending assault of nescience
and obscurantism.
By: Dr Tehmina Aslam Ranjha Asad Aslam Ranjha
Source: Daily Times

Dr Tehmina Aslam Ranjha is an Assistant Professor at School of Intergrated Social

Sciences at University of Lahore / Asad Aslam Ranjha is a lecturer at Faculty of
Law,University of Lahore.

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 The US and Pakistan
This relationship isn’t only symbiotic but of strange infatuation. Something of a
holiday fling when you get smitten and fool around a bit. Such things seem
appropriate when free of restraints but in matters of state policies with long-term
aims are woven into specific objectives keeping state actors on the straight and
narrow. Yet despite such straitjacketing of form the freedom of spirit in romance
lingers long. Pakistan and the US have lived this life for the last seventy years. There
is something cultural too which becomes the source of first notice but we will come
to that later.
The period post-WWII was one of most profound redrawing of the world map.
Pakistan among many was a state to emerge on the world scene. Each fledgling
nation needed a big brotherly boost in a highly militarised world and an economic
Marshal plan to survive. The US now the unchallenged leader of the western world
— they would term it free, if you get the connotation — charmed many of these
damsels in waiting. The cost was to keep in the American corner, keep away from
the communists, and provide services as needed from time to time. For an
immediate change of fortunes in one’s socio-economic promise it was a small price
to pay. Also, newborns were elevated instantly to hobnob with the mighty of the
world. We offered the US basing rights for its transcontinental reconnaissance flights
over the Soviet Union which Khrushchev soon had stopped by putting a big red circle
around Peshawar. But Pakistan made good with some cogent returns in military
hardware and free wheat and corn keeping India from dissembling what it felt had
been wrongly carved out of it. We were truly and functionally in America’s corner.
This never kept America way from India who as the superpower of note could accost
many with her charms. As she waltzed with Pakistan in the 1950s and the 60s it was
dallying with India too to save her from falling into the Soviet lap. India went to war
with China on American urging and only when it found she needed a more assured
relationship did it jump to the Soviet Union. Nehru had other ideational pursuits and
in a way thwarted the US with her insistence on a non-aligned grouping.
Encumbrances are difficult to throw away and Russian bear’s hug too enveloping for
India to break out of when it is being actively accosted by the US even today. We
came easy to the Americans. America’s most popular Mademoiselle, Jacky Kennedy
walked our roads to wooing crowds. Pakistan’s camel-cart driver, Bashir Saarban,
was as comfortable with Lyndon Johnson and was invited to the White House. We
got the World Bank to make us Warsak, Mangla and Tarbela Dams and got the all
necessary military hardware to keep India out.

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Our dependencies aside we were easy to mingle and expressed ourselves freely. The
language was a partial issue only, our spirits told them all. We were game for
whatever they had in mind. If it was SEATO or CENTO or the Baghdad Pact we were
there lending our hand and weak shoulders. And although things became complex
later a bit of Cynthia Ritchie wasn’t foreboding. Search for OBL? We could give a
hand. Tryst was a way of life. And every time America turned its back on us they were
soon back wanting more. Ever ready to tango with an open-book disposition,
Pakistanis enticed many as they made some uncomfortable, unused to such
disambiguation. Indians, especially the non-Punjabis, are always uncomfortable and
suspicious of Pakistanis passion for frivolity. They thus label us super-clever. Which
to Pakistanis is quite a compliment. To those looking to exploit there is enough
freedom in our social and political milieu. To those who only wish to party the
Pakistanis are ever willing partners.
I have lived, seen and travelled the US across its social spectrum sufficiently to lay
my finger on what magic seems to be in play. The rural South of the US and some of
the mid-west which variously gets called as the Bible belt and is a strongly
conservative part of the country is still about God, country and aunts and uncles.
That connects easily to the larger Punjabi mindset of Pakistani society. The more
sophisticated north-east and east has moved on and emphasises personal liberty
away from familial or tribal bonding. This is reflected in American politics. The
Democrats are wary of us while the Republicans can use their old-school charm to
sway us back in their fold. If slavery is a problem we put that into the fold of the
wadera and the haari. And when manifestations of it — as in the George Floyd case
or the Black Lives Matter — occur we acclaim those to be on the right side of history
yet in our guilt know that similar exceptions exist in our rural culture and urban
stratification. Where God, Country and the Family are the cries we find easy
congruence.
Post-Zia years, a far more emphatic liberal leaning emerged in Pakistan which could
connect to liberal America. Increased attendance at American universities of the
Pakistani students in recent decades has meant that liberalism is far more assertive.
But if institutionally the American charm seemed to work around the three basic
tenets of conservative ethos, the liberal among us — political and social — tend to
easily assimilate the Americans in their midst as well. Most find sustenance and
thrive in this liberal milieu of our major cities. Both worlds, institutional and
ideological now stand charmed. This in brief is the story of Cynthia Ritchie and the

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likes. That she is Caucasian, Texan and equally free-spirited helps her find her footing
here with unassuming comfort.
Whether so should be the case needs no explanation but look at where all did she
find access to and bite your fingers in amazement. That is when someone will begin
to manipulate the easy Pakistani ways into intended motives. We have suffered
enough already with our laissez faire approach to all matters of national import and
hardly can afford more of such luxury. While we may retain the free spiritedness in
us it is time for the state to behave as one. Military to military congruence is another
given in our institutional relationship whether in intelligence or purely conventional
matters and it runs deep. It has mostly been a positive force and kept an even keel,
at times helping stabilise a rocky phase of relations. It has to a lot to do with the
similarity of operational thinking and mutual engagement at the intellectual level
between the two militaries.
Whatever comes of it Ms Ritchie has a story to tell and it shall sell the most here.
That too is a Pakistani trait. By the way she has kicked a ruckus she seems like a self-
appointed intelligence asset of someone. Else, real assets, like Raymond Davis, just
melt away even when they have killed a few. For those awaiting the unraveling of
the US around these or other few storms remember we have our own case of Black
Lives Matter. Let’s first mend that.
By: Shahzad Chaudhry
Source: The Express Tribune
The writer is a retired air vice marshal and a former ambassador. He tweets
@shazchy09 and can be contacted at shhzdchdhry@yahoo.com

15-6-2020
 It’s complicated
All too often, nations large and small get caught up in a vortex of their own hubris,
prompting them to take such decisions, or precipitate such events which they find
difficult to extricate from, subsequently. All too often, this is because of self-delusion
or arrogance – or simply, stupidity.
As the largest country of the region it has traditionally been identified with – South
Asia – India is definitely the elephant in the room. Because of its size, population and
economic clout, it figures out prominently in every discussion and calculation of the
politico-security, fiscal and socio-cultural matrices within the surrounding SAARC
countries. Over a period of time, this has perhaps led to a sense of self-importance
within India, which may have been further inflated by the patronage and support of
the US and Israel, who view its ultra-nationalist regime and outlook as being a
convenient bulwark against resurgent Islam, or as a counter-weight to the behemoth
that is China.
And that last word is receiving a lot of air time in India, nowadays. “China”.
Recently, the Indian media has erupted in sound and fury over what it has termed a
Chinese “incursion” into the remote and barren Ladakh region, an eruption that has
been largely-met with stony silence from around the globe. While the world
continues to look askance, there has been much indignation in India over this aspect.
The overly-vociferous Indian media – which, in today’s turbulent times of ultra-
nationalism, jingoism, a frenzied quest for higher and higher viewership leading to
more and more shrillness, and by way of habit from beating war-drums with Pakistan
at every given opportunity – has been particularly animated over this Chinese
“transgression”. Of course, they conveniently gloss over how this may have been a
case of “just desserts” for India, by it having possibly provoked this action to begin
with.
The Line of Actual Control (LAC) between India and China runs for approximately
4,000 kilometres, from north-west to south-west, with Ladakh, Uttarakhand,
Himachal Pradesh, Sikkim and Arunachal Pradesh on the Indian side, and Tibet on
the Chinese side. Generally, Ladakh is a barren area that is sparsely inhabited, and
accessible only after great difficulty. Towards the north-western end of the LAC lies
the Karakoram Pass between Pakistan and China.
The current imbroglio arose after Indian troops had attempted to carry out defence
construction and improvement of logistics-related infrastructure in the area, thereby
threatening the Karakorum Pass, which India actually claims. The Chinese responded
by passing over 6,000 troops comprising two brigades, across the LAC, at eight

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points. Four points were occupied in Ladakh, three in the Galwan Valley, and one at
the Pangong Lake.
This sort of provocation – resulting from entirely uncalled-for unilateral action by
India – though, is nothing new. Some examples of this are the occupation of the
disputed IOJK by Indian troops immediately after the partition in 1947; the invasion
of the then-independent Hyderabad Deccan in 1948; the incursion into, and
annexation of, the then-Dutch areas of Goa-Daman-Diu in 1961; the Sino-Indian war
of 1962; the war of 1965 against Pakistan, India’s training-funding-intelligence
support to insurgents – coupled with active military participation – against the
erstwhile East Pakistan in 1971; the forcible amalgamation of then-independent
Sikkim into the Indian state in 1975; the “creep” into the formerly-unoccupied areas
of the Siachen glacier in 1984; a host of military actions in the Jaffna area of Sri Lanka
between 1987 to 1988; and military intervention in the Maldives in 1989. These are
just land operations; there are an equally large number of belligerent acts carried
out by the Indian Navy, and the Indian Air Force.
More worryingly, the list does not end here.
Its knee-jerk response to anything happening within India has been to accuse
Pakistan of culpability, and steadily whip up a war hysteria coupled with a clamour
for “retribution”. To further this, in the past, it has launched surgical strikes – which,
admittedly, may have been imaginary, with zero effects, and more-attuned to
stoking the imagination of its domestic audience – against Pakistan. The last such
endeavour managed to neatly dovetail into the last Indian Elections of 2019. We all
know how Indian warplanes crossed the international border as a reaction to the
Pulwama incident that year, and how one of the pilots – one Squadron Leader
Abhinandan Varthaman – was shot down and captured; and later released by
Pakistan, as a goodwill gesture to lessen India’s war-frenzy at the time. He was
awarded the Vir Chakra – India’s third-highest wartime award – essentially, for being
shot out of the sky. In the process, he may have been infinitesimally instrumental in
propelling the BJP government to success in the 2019 elections where being “tough
on Pakistan” was its sole elections manifesto. Our good friends at Wikipedia tell us
how he’s also stoked a fashion revival of the “handlebar” moustache in India. A film,
glorifying his awe-inspiring “descent” to fame, is also on the cards, reportedly.
As recently as August 2019, the Indian government repealed articles of its very own
constitution to attempt to “grab-and-snatch” IOJK which the entire world has viewed
as disputed territory since the Partition of 1947. Several UN resolutions support this
fact. Four wars, and countless border skirmishes between India and Pakistan, attest

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to it. But still, that gung-ho sense of false bravado and bellicose posturing before an
increasingly-intolerant, ultra-nationalistic populace continues, with little internal
dissent – if any. One is tempted to wonder whether this behaviour by India is because
of the average Indian citizenry, for them, or despite them.
And that is why, having gone unchecked – and uncensured by the world – for so long,
India continues to play a provocative game in its territorial disputes with Pakistan,
China and Nepal. It has had – or continues to have – disputes with Bhutan, Sri Lanka,
Bangladesh, and the Maldives. Not quite the good neighbour that India portrays
itself as, after all, one might be forced to think.
With yet another “spy-pigeon” incident having been reported by the Indian armed
forces and media, one is also forced to think whether the provocation in Ladakh –
which may have been further hyped to distract from the Modi regime’s economic
failures, its increasingly draconian laws, and persecution of its own citizens – might
lead to a repetition of the Abhinandan-headed action against Pakistan. To…kind
of…distract, from Ladakh. It’s complicated. But not entirely inconceivable, you know.
Stranger things have happened.
By Fouad Hafeez
Source: The Express Tribune
The writer is research director at a semi-autonomous Institute. He can be reached at
fouad.hafeez@gmail.com

15-6-2020
 Tracking Afghan peace moves
Despite roadblocks and setbacks, the fragile Afghan peace process is still intact. Last
week saw some significant developments that would pave the way for much talked-
about and much-delayed intra-Afghan dialogue. The most important development
of the week was a visit by Army Chief General Qamar Javed Bajwa along with Director
General Inter-Services Intelligence (ISI) Lt General Faiz Hameed to Kabul. This was
the first visit by a high-ranking Pakistani official since President Ashraf Ghani began
his second term. Usually, the army chief and DG ISI don’t travel together but when
they do, this means there is something more than what meets the eye.
The Afghan peace process is a complex affair. It has internal as well as external
dimensions. While Pakistan at the request of the US delivered the Afghan Taliban on
to the negotiating table, its bilateral ties with Kabul remained volatile, something
that undermined peace efforts.
The volatility in their ties stemmed from the deep mistrust. At the heart of their
troubled relationship is the apprehensions the two countries have against each
other. Kabul has for so long accused Islamabad for backing the Taliban and other
insurgent groups to create trouble in Afghanistan. Pakistan, on the other hand, has
its own list of grievances. The number one concern is the nexus between Afghan
intelligence agency, the NDS, and Indian RAW to hurt Pakistan’s interests through
their proxies including outlawed TTP and other groups such as IS Khorasan (IS-K).
Also, there has been suspicion in Pakistan that India has been working closely with
the Ghani administration to scuttle peace efforts. These longstanding issues
prevented the two countries to have meaningful engagement despite bilateral
mechanism they set up to sort out their misgivings.
What brought the two estranged neighbours once again on one platform was
because of the Trump administration’s eagerness to see the peace deal through
successfully before the presidential elections in the US in November this year. For
this purpose, the US is making all-out efforts. It was because of this reason that the
Trump administration threatened to block security and other assistance to
Afghanistan if the main rivals Ghani and Dr Abdullah Abdullah did not mend fences.
The threat did work as the two agreed on a power-sharing deal recently. Dr Abdullah,
who was the chief executive during the first term of President Ghani, is now head of
the high peace council that would hold talks with the Taliban for the future political
setup of Afghanistan.
In a nutshell, Trump’s ambition to portray Afghanistan as a success story before he
goes for re-election has made all this possible. Now the big question: can all Afghan

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groups including the Taliban agree on a political system that is acceptable to
everyone?
The Army Chief during a meeting with Ghani made it clear that Pakistan “supports
an independent and democratic” Afghanistan. This means that Pakistan does not
want the Taliban to take over Kabul through use of force but share power with other
groups democratically. The appointment of Muhammad Sadiq, the former
ambassador to Kabul, as special envoy for Afghanistan is a significant development.
Sadiq during his stint as envoy to Kabul from 2008 to 2014 played a significant role
in reaching out to non-Pashtun elements including the Northern Alliance and others
in Afghanistan. His efforts helped Pakistan remove some of the misgivings with those
parties. Through his appointment, Pakistan is trying to convey a message that it has
no favourites in Afghanistan and it is willing to work with all groups. For now, the
process in back on track but will the much-awaited intra-Afghan dialogue lead to any
breakthrough? Much will not only depend on Afghans themselves but also the
American establishment, which may not be on the same page with Trump.
By Kamran Yousaf
Source: The Express Tribune
The writer is senior journalist working for both print and electronic media. He tweets
@Kamran_Yousaf

15-6-2020
 Strategic shift?
WITH the geopolitical landscape of our region changing fast, many optimists say they
are able to see a shift in Pakistan’s geostrategic approach. Some believe this shift is
largely oriented towards geo-economics, and if established, it would be a major
doctrinal shift. But so far, state institutions have not hinted at that in their
statements. Or perhaps, this is merely an issue of a different reading of their actions.
Pakistan’s faltering economic indicators do not lend weight to such notions that the
state is making some expedient efforts to strengthen its geostrategic or geo-
economic approach. For one, even the China-Pakistan Economic Corridor (CPEC),
which was until recently projected as a game-changer for the country’s weak
economy, has become a victim of the short-sightedness of state institutions.
However, those seeing a shift in Pakistan’s geostrategic approach do not use
economy-related arguments only; they also highlight the changing geopolitical
behaviour of the state, specifically towards Afghanistan.
Pakistan’s role in the Afghan peace process is vital. It was widely appreciated as being
instrumental in sealing the US-Afghan Taliban deal of Feb 29. But this does not reflect
any change in Pakistan’s strategic approach. Instead, it supports its long-standing
position; it has long been advocating that a negotiated settlement between the
Taliban and other Afghan stakeholders is a viable solution for Afghanistan.
Pakistan has facilitated talks between the US and the Taliban because of several
reasons. First, the US has acknowledged Pakistan’s stance of negotiated settlement.
Secondly, the Belt and Road Initiative and CPEC were also factors because China does
not want a major, protracted conflict near a key belt of its ambitious connectivity
initiative. Similarly, Pakistan’s internal security concerns as well as its urge to correct
its global image have proved to be critical reasons.
Pakistan’s cooperation on Afghanistan has not generated support for its stance on
India-held Kashmir.
It requires an in-depth inquiry to examine how effectively Pakistan used these
factors and to what extent they have influenced the country. However, Pakistan’s
strategic doctrine appears to have remained unchanged in the process mainly
because the geopolitical and strategic challenges facing the country have still not
been resolved. Nevertheless, these challenges have become more complicated after
India revoked the special status of India-held Kashmir last year on Aug 5, which was
granted under Article 370 of the Indian constitution.
Pakistan tried hard to raise the issue before the international community and on the
relevant platforms — especially focusing on human rights abuses in held Kashmir.

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These efforts yielded results, and international media and rights groups took the
atrocities in Kashmir seriously. However, Pakistan has not cultivated enough political
and diplomatic support to force India to review its brutal practices in Kashmir. China
supported Pakistan’s stance at the UN Security Council but that was not enough to
pressurise India. However, a real setback was experienced when the Muslim bloc led
by Saudi Arabia and the UAE obstructed all Pakistani efforts to use the Organisation
of the Islamic Conference platform for Kashmir. It showed that the religious bond is
relevant in international relations only when coupled with a strong economy. South
Asia is the region Pakistan considers the least essential, or perhaps it does not fit in
well with the state’s ideological framework. Pakistan’s close bilateral relations with
South Asian nations would have generated political capital to pursue its geo-
economic and political interests in the region.
Despite introducing structural and stabilisation reforms, Pakistan is desperately
looking for economic revival. The power elites’ continuing practices reflect that they
are mainly capitalising on the strategic importance of the country, which they believe
can perform miracles time and again by diverting international investment and aid
towards Pakistan. The nuclear arsenal and strong military forces have contributed to
this confidence. Afghanistan is central to this approach, from where the country can
extract global support. Afghanistan is important for Pakistan not only in the context
of the Indian presence in its backyard but also for strategic reasons, and the US has
exploited it very well.
Pakistan’s cooperation in the Afghan peace process facilitated the improvement of
its global image, reduced the trust deficit in its relations with the US, and helped it
get loans from international financial institutions. But Pakistan’s cooperation on
Afghanistan has not generated support for its stance on Kashmir. Second, in its
efforts to balance its relationship with the US and China, Pakistan has significantly
lost focus on CPEC, which was a rare opportunity for the revival and strengthening
of its economy. However, Pakistan has not used the Afghanistan factor effectively.
Some say the fear of being blacklisted by the FATF, the international financial
watchdog, has forced it to extend more support to the US in Afghanistan. The FATF
has proved a lethal factor, neutralising Pakistan’s efforts to take advantage of its
cooperation in Afghanistan.
Maintaining an equilibrium in its relationship with China and the US is another
challenge for Pakistan. The country has a history of ups and downs in its relationship
with the US, but it cannot afford a standstill with China, as the relationship has an
altogether different nature in the geopolitical, geo-economic, and geostrategic

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contexts. The impression, which has developed during the last two years, that
Pakistan is eager to restore its relationship with Washington has created resentment
in Beijing. The slowdown of CPEC has strengthened suspicions.
In a nutshell, Pakistan is struggling to adjust its geopolitical priorities, and nothing
substantive has changed in its geostrategic doctrine. A geostrategic shift should have
manifested itself in better trade and political relations with neighbours and
aggressive pursuit of implementation of transnational energy and infrastructure
megaprojects, which have already been agreed upon and just need a little push.
CPEC and its connectivity with Afghanistan, as well as structural economic reforms
would have substantiated such a shift. All these efforts need-out-of-the-box thinking
and courageous leadership.
Fixing the economy through a geostrategic lens cannot be called a doctrinal shift.
By: M. Amir Rana
Source: Dawn
The writer is a security analyst.

15-6-2020
 Racist attitudes
ONE of the most beautiful images of George Floyd that I have seen is painted in an
unexpected place: on the wall of truck artist Haider Ali’s home in Karachi. Floyd’s
portrait is adorned with the bright flowers and fluorescent flourishes typical of truck
art, and the words ‘equality’ and ‘justice’. Ali told the press the image is a “message
of love … from all of Pakistan”.
The image stands out because Pakistan’s response to the Black Lives Matter (BLM)
movement in the US and elsewhere has been muted. Solidarity protests have been
small and sporadic, and frequently dominated by images of under-curfew Kashmiris
and the Indian prime minister — the appropriation of a global debate in a regional
context.
The movement is still largely perceived as America’s problem. Most countries have
taken the turmoil in the US as an opportunity to point out that country’s double
standards. Developing countries’ leaders have condemned the harsh treatment of
US protesters in the same way the superpower has historically critiqued rights
violations in their own countries.
This is a fair response, but the concerns of the BLM movement are closer to Pakistan
than we may care to admit. BLM is anti-racist, and that core issue is relevant for us.
Pakistan is imbued with post-colonial racist attitudes; these are embedded in our
language, in our preference for fair skin, in the sales of skin-lightening creams. We
are home to South Asia’s largest African diaspora community, but rather than
celebrate this diversity we have, at best, treated it as a curiosity, and at worst
discriminated against Sheedis, leaving them marginalised and in poverty.
Pakistan is a prime candidate for a BLM movement of its own.
Racist attitudes also underpinned West Pakistan’s relationship with East Pakistan,
and the response to Mujibur Rehman’s 1970 election victory. The rest, as they say,
is history.
But as BLM protests spread across the globe, the movement is becoming about more
than race alone. It is an attempt to shine the spotlight on structural inequalities,
produced by complex histories and perpetuated by contemporary complacency.
Under this definition, Pakistan emerges a prime candidate for a BLM movement of
its own.
The multifaceted and cross-cutting ways in which Pakistanis are discriminated
against and marginalised is overwhelming. Ethnic discrimination is the most obvious,
with Punjabiness implicitly treated as the default against which all other groups are
measured. This discrimination has historical precedent, further shaped by British rule

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during which Pakistan’s present-day provinces of Balochistan and KP were the
empire’s frontiers — the edge of acceptability, whose populations were recast as
mercenaries meant to protect more valued agricultural and industrial heartlands.
That colonial inequality persists today through the centre’s unfettered resource
extraction, securitised responses to local groups’ demands for rights, resources and
autonomy, and through collective justice laws that until recently dehumanised
complete communities. Historical resistance to this prejudicial British rule and its
sickening persistence continues to shape political dynamics today: the insurgency in
Balochistan and the PTM movement are outcomes, not accidents, of history.
Along with centre-periphery inequalities, we are plagued by economic inequality in
our social structures. This is most obvious in our feudal system, with the top one per
cent of landowners owning 20pc of arable land. This too is a vestige of colonial rule,
when feudals were granted land tracts to facilitate revenue collection and sepoy
recruitment. But post-Partition land reform efforts have failed, driving much of our
population into poverty.
This trend has been exacerbated through the industrialisation process. Over 70pc of
non-farm labour is employed in the informal sector, a euphemism for lack of job
security, labour rights and benefits.
Pakistan’s complacency was recently highlighted by the horrifying killing of Zohra
Shah, an eight-year-old domestic worker. A similar case in Brazil has been the main
driver of the BLM movement in that country, with its own difficult history of racism
and slavery. There, a five-year-old black boy fell to his death from the ninth story of
a building after being left alone in a lift by his mother’s white employer. The
employer’s disregard for the boy’s safety is being perceived as a manifestation of
Brazilian racism.
Zohra did not need to be a different colour than her employers to be mistreated and
killed. Her poverty, gender, and rural origins were enough to dehumanise her. She is
not alone. There are 12 million child workers in Pakistan.
The complacency Pakistani society exhibits to its poor extends to discrimination
along linguistic, religious, sectarian and sexuality lines — and more. The first step
toward tackling these deep-rooted inequalities is accepting our complicity.

By: Huma Yousaf

Source: Dawn
The writer is a freelance journalist.

15-6-2020