RULE OF LAW AND THE ADMINISTRATION OF JUSTICE

By abrogating each of four successive Constitutions, and by subjecting the country to decades of martial law and other forms of undemocratic rule, Pakistan's leaders created the national perception that law is an instrument of control rather than of relief, redress and security. The general public has come to resent the law as arbitrary and malicious, while the impunity with which members of the ruling elite flout it is an indication of the contempt in which they hold the law. While human rights groups have sensitized individual politicians who happen to be receptive to the concerns of their electorate, the democratic process is virtually non-existent in an increasingly confrontational Parliament and in law-making procedures which do not permit public or Parliamentary debate.

The judicial system established by the 1973 Constitution has been effectively weakened by the creation of a separate Federal Shariat Court mandated to strike down any law deemed repugnant to the injunctions of Islam. The decisions of the Shariat Court are binding upon the High Courts and cannot be over-ridden by Parliament. Moreover, Presidential powers compromise the independence of High Court judges and of the Supreme Court judges nominated to the Shariat Court. Furthermore, many individuals and groups, who recognize that its autonomy is essential to democratic development, have expressed strong concerns about the independence of the judiciary in general.

Islam, the State and Society

The role of Islam (as defined by vested political interests) is examined from the early days of Muhammad Ali Jinnah and the Pakistan Movement, through the fifty years of the country's turbulent existence. Thanks to the concessions made by successive governments and Zia's deliberate promotion of their agenda, the orthodox religious groups, which have never enjoyed popular support in Pakistan, have been propelled into positions of high judicial and political influence. This has resulted in an unprecedented increase in sectarian violence and, through its sophisticated subversion of the religious sentiments of many Pakistanis, reinforce the State's rigid and dogmatic version of Islam as representative of the country's ideology.

The Popular Response to Islamization

In the northern parts of the Indian sub-continent, Islam developed within the context of other, deeply entrenched belief systems and cultural practices and was strongly influenced by Sufism. As a result, while Pakistani culture is undeniably Islamic, it is distinct from those of other Muslim countries by virtue, firstly, of its less puritanical and orthodox nature, secondly, because of the diversity of religious beliefs and practices obtaining in different regions of the country, and finally, because it has failed to achieve an egalitarian society by dismantling the caste, clan and class affiliations which remain fundamental to Pakistani society.

For these reasons, "the great Islamic debate" created by politicians' attempts to re-define and exploit religion was never taken up at the popular level. The heavy-handed imposition of fundamentalist doctrine during Zia's regime, the resulting rise in violence and intolerance and the mushrooming of corruption at every level of society have further alienated many. Previously, those who argued against an Islamic state, most of whom were socialists, were reviled as heretics and/or traitors. The most recent exponents of secularism argue on the basis of promoting human rights and democratic values. Meanwhile, extremists continue to find willing converts among those who despair of a political solution to their socio-economic marginalization.

Militarization of the State

Pakistan inherited a powerful and pervasive bureaucratic tradition from its colonial administrators. The military has played a crucial role in government, due to several factors such as the country's strategic geographical location and the potential for international border disputes and separatist movements inherent in the manner in which the sub-continent was partitioned in 1947. Military leaders have created their own international support networks and since 1958, in alliance with the established bureaucracy, they have controlled Pakistan's political and economic decision- making. An examination of the course of Pakistan's history from General Ayub Khan through decades of martial law and periods of party-based government demonstrates how the military interventions have repeatedly subverted and arrested the evolution of the democratic process. Despite the fact that there has been no direct intervention by the military by imposing martial law, it continues to dominate decision making in the critical areas of foreign policy and defence. In addition it has become a powerful economic force and, with a stranglehold on successive bankrupt civil governments, continues to drain the public exchequer.

National Ideology vs National Integration

Like other post-colonial South Asian governments, Pakistan's progress toward democracy has been repeatedly thwarted and stalled because successive administrations have perpetuated the centralization of authority and the marginalization of various categories of citizens. Rather than responding to the urgent need to develop and promote common national interests, the ruling elite focused on its own crisis of legitimacy. Military leaders and administrators substituted religious rhetoric for efforts to accommodate plural identities and their diverse needs.

Growth of Inequality

The study begins by tracing contemporary socio-political dynamics and phenomena back to their origins in undivided, colonial India. The perpetuation of a feudal and tribal social structure, with strong patriarchal and authoritarian trends continues to shape a society which is also challenged by extreme diversity of language, culture, class, caste and economic status. Power has consistently been highly centralised in the hands of a small bureaucratic, political and military elite, thus excluding historically disadvantaged groups, including landless peasants, and bonded labour. Special attention is given to the fact that, regardless of their class, women in Pakistan are disempowered, not only by the inequalities imposed by the perpetuation of a rigid, oligarchic social system, but also because of a prevailing patriarchal culture which denies them the right to independent existence and violates their basic human rights.

Executive Summary

Human Rights and Democratic Development in Pakistan provides historical analysis, draws conclusions and makes recommendations regarding Pakistan's progress towards the establishment of a democratic society, using a conceptual framework developed by the International Centre for Human Rights and Democratic Development. The framework is based on the assumption that the development of a culture of human rights, as well as their institutionalization is central to the construction of democracy. The study therefore systematically examines a series of rights (welfare, participation, security, minorities, gender, etc.), and assess the trends for and against democratic development. This structured analytical approach also makes it possible to compare and contrast Pakistan's progress in this regard with that of its neighbours and other countries.