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In Pakistan the agenda of democracy remains unfinished:

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In Pakistan the agenda of democracy remains unfinished: Aitzaz Ahsan

* Former SCBA president says there can be no democracy without independent judiciary
* Welcomes Biden-Lugar bill aimed at spending money to win ‘hearts and minds’ of people in Pakistan

By Khalid Hasan

WASHINGTON: Aitzaz Ahsan said in a keynote speech to the Middle East Institute’s annual conference here on Friday that while a new era of hope was dawning in the United States, in Pakistan the agenda of democracy lay in an unfinished state.

In an impassioned address, Ahsan said there can be no democracy without an independent judiciary. The lawyers’ movement which, had spearheaded this struggle was continuing because what had been promised, namely the restoration of the unconstitutionally deposed judges, had not been delivered. He also urged the conference not to confuse terrorism with either Islam or the Middle East. Terrorism, he added, has more to do with a sense of being under occupation. He also riled against policymakers in Washington who believe that by cultivating the local elite in a third country and ignoring the people, they can achieve the objectives they have set themselves. Such a mistake was made with Gen Pervez Musharraf and it was time to learn from experience, he advised. He said even if the indigenous elite were taken in hand, the masses should not be expected to be grateful for being rained down with bombs. Pakistan, Ahsan, emphasised, is an embattled state and it should be clear that unless the mass of the people is behind the effort to fight terrorism, that war can and will never be won.

Ahsan noted that president-elect Barack Obama is a leader who has spoken of people-friendly policies as he has stressed the need for resolving the Kashmir dispute.

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Ahsan also spoke in welcoming terms of the Biden-Lugar bill aimed at spending money to win the hearts and minds of the people in Pakistan. Ahsan spoke at length about the lawyers’ movement in Pakistan, which he called peaceful, non-violent, democratic, pluralistic and hugely popular, all because a judge had refused to go along with the diktat of a military ruler. Ahsan said had it not been for the lawyers’ movement, Musharraf would not have even begun to negotiate with Benazir Bhutto or let Nawaz Sharif and her return to the country. It was the tremendous public pressure generated by the lawyers’ movement that had forced the dictator’s hand. He regretted that while Musharraf was trampling upon the people’s rights and violating the constitution, not a single word of disapproval, not a syllable, not a decibel had been heard from Washington.

Ahsan told the conference that Pakistan is not a Middle Eastern but a South Asian country whose people aspire to democracy. Pakistan has a long tradition of Anglo-Saxon law and it has known an independent judiciary, something unknown in the Arab world. The people of Pakistan cannot do without an independent judiciary that dispenses justice without fear and that protects the people’s rights and liberties. He said it is unfortunate that Pakistan’s elected parliament has failed to restore the judges whom Musharraf dismissed illegally. He recalled that Asif Ali Zardari had committed himself thrice, both through written pledges and public statements, that the deposed judges would be restored unconditionally, commitments that had not been kept. Ahsan stressed that an independent judiciary is essential to the maintenance and stability of democracy, as it is essential for winning the war against extremist and terrorist forces. He said no democracy has ever survived without an independent judiciary, nor can a sovereign parliament be built on the ruins of a demolished judiciary. If Pakistan is not to witness the rise of obscurantism and extremism, it has got to have free and fearless judges. Nor can the foreign investment that Pakistan needs come to it unless its courts are free. No country can develop on the basis of handouts and dole, nor will Pakistan. He said the continuing lawyers’ movement has promoted a culture of tolerance and inclusiveness, transcending the religious, political and sectarian divide.

Answering a question about Afghanistan, Ahsan said President Hamid Karzai’s control did not extend much beyond Kabul and for the failures of his own government, it was Pakistan that was being blamed. Pakistan, he added, has taken positive steps to fight terrorism and the forces of extremism but it is still the scapegoat as far as Kabul is concerned. To a question about FATA, Ahsan replied that the jurisdiction of Pakistani courts needs to be extended to the tribal areas, which also happens to be what the people of those areas want. However, the courts cannot do so on their own because it needs a constitutional amendment.

http://www.thedailytimes.com.pk
 
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