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National sovereignty
Yasser Latif Hamdani
The tool of manipulation every ultra right-wing fascist in our country prefers is this so called national sovereignty or as our shrieking anchors call it sauv-raay-nitty.
First of all, this term is entirely misapplied and used by people who are clueless about what it means. When a people are sovereign, it refers in main to their ability to make their decisions on their own through a democratic process. On a purely legal plane, Pakistans constitution vests sovereignty over the entire universe in Allah Almighty. Therefore, the question of national sovereignty becomes redundant constitutionally in Pakistans context. Since people i.e. the people of Pakistan who form the Pakistani nation are not sovereign, surely they must then be subject to the will of the Almighty who according to our constitution is sovereign. After all, this may soon be the cornerstone of our theo-democracy after the Supreme Court gets done with the 18th Amendment.
This issue is however only incidental. Our anchors do not tire quoting as an example of a proud sovereign nation the Islamic Republic of Iran, which has stood on its feet (forget that it is one of the largest oil producers in the world) and told the Americans to go to hell. That last bit tickles the fantasy of not just our right-wingers and Zaidonists but also our leftists and socialists who still dream of a great red revolution transforming Pakistan into the vanguard of the global anti-imperialist movement.
We must however consider what kind of country the Islamic Republic of Iran is and whether it can be considered, by any stretch of imagination, a model for Pakistan or any Muslim majority country. Iran has on its statute books a law that calls for the stoning to death of fornicators through rocks that are neither big enough to kill the sinner immediately nor small enough to qualify as stones and pebbles. What is more, Iran routinely carries out such punishments.
This is its expression of national sovereignty.
Pakistan too has during dictator Zias time put this punishment on the statute books. Zia did so against the better advice of the Council Of Islamic Ideology and the Federal Shariat Court, which claimed quite rightly that no such punishment was prescribed by the Holy Quran and the practice of rajm (stoning to death) was a borrowed practice. In any event the standard of evidence is so stringent that hardly anyone can attract the punishment of rajm under law. Therefore, no one has been stoned to death by law in Pakistan. There is also another reason. Pakistan by virtue of being part of the UN is signatory to various treaties and conventions that call for respect for human life and freedom. As a major aid recipient from the US, Pakistan has to tread pragmatically and carefully. It has to check elements who want to wage war against our neighbours and kill off minorities. This is the new reality or at least one would hope so. It also means that Pakistan has to tax its landed class. Agricultural tax is the easiest route to land reforms in Pakistan. In a proud and sovereign Pakistan, agricultural tax would remain a distant dream.
God forbid that Pakistan was sovereign like Iran! Our sovereign nation would have a wild time bringing back lynching and witch-burning in fashion. In the process we would disparage Islam even more than we have done. I suppose in such a Pakistan Aafia Siddiqui would be much safer because women would be denied a right to education in the name of national sovereignty. As they like to say in our part of the world, naa rahega baans, naa bajegi baansuri (no flute when there is no bamboo).
As a patriot I for one believe such sovereignty would be a curse. It is a question of priorities. The Pakistan I want is a tolerant, egalitarian and progressive nation that is respected in the comity of nations and not feared. This business of chest thumping is the exclusive preserve of pauper nations and it is time we realised that we owe our poor much more than some fake and fleeting sense of national sovereignty. The rich and privileged have a responsibility to their less privileged compatriots to secure for them those irreducible minimums that have been promised to them in the name of a social welfare state, which incidentally is a constitutional obligation, though one that is subject to the provision of requisite funds.
The alternative is not as attractive as our national sovereignty-mongers tell us. Those who are familiar with the Monty Python series will appreciate that a proud and sovereign Pakistan would be much like the Black Knight. Then again our nation has perfected masochism into a national passion and pastime, albeit unwittingly, so maybe this is what they want. In that case please ignore this scribes ramblings with the contempt they deserve.
The writer is a lawyer. He also blogs at Pak Tea House and can be reached at yasser.hamdani@gmail.com
Yasser Latif Hamdani
The tool of manipulation every ultra right-wing fascist in our country prefers is this so called national sovereignty or as our shrieking anchors call it sauv-raay-nitty.
First of all, this term is entirely misapplied and used by people who are clueless about what it means. When a people are sovereign, it refers in main to their ability to make their decisions on their own through a democratic process. On a purely legal plane, Pakistans constitution vests sovereignty over the entire universe in Allah Almighty. Therefore, the question of national sovereignty becomes redundant constitutionally in Pakistans context. Since people i.e. the people of Pakistan who form the Pakistani nation are not sovereign, surely they must then be subject to the will of the Almighty who according to our constitution is sovereign. After all, this may soon be the cornerstone of our theo-democracy after the Supreme Court gets done with the 18th Amendment.
This issue is however only incidental. Our anchors do not tire quoting as an example of a proud sovereign nation the Islamic Republic of Iran, which has stood on its feet (forget that it is one of the largest oil producers in the world) and told the Americans to go to hell. That last bit tickles the fantasy of not just our right-wingers and Zaidonists but also our leftists and socialists who still dream of a great red revolution transforming Pakistan into the vanguard of the global anti-imperialist movement.
We must however consider what kind of country the Islamic Republic of Iran is and whether it can be considered, by any stretch of imagination, a model for Pakistan or any Muslim majority country. Iran has on its statute books a law that calls for the stoning to death of fornicators through rocks that are neither big enough to kill the sinner immediately nor small enough to qualify as stones and pebbles. What is more, Iran routinely carries out such punishments.
This is its expression of national sovereignty.
Pakistan too has during dictator Zias time put this punishment on the statute books. Zia did so against the better advice of the Council Of Islamic Ideology and the Federal Shariat Court, which claimed quite rightly that no such punishment was prescribed by the Holy Quran and the practice of rajm (stoning to death) was a borrowed practice. In any event the standard of evidence is so stringent that hardly anyone can attract the punishment of rajm under law. Therefore, no one has been stoned to death by law in Pakistan. There is also another reason. Pakistan by virtue of being part of the UN is signatory to various treaties and conventions that call for respect for human life and freedom. As a major aid recipient from the US, Pakistan has to tread pragmatically and carefully. It has to check elements who want to wage war against our neighbours and kill off minorities. This is the new reality or at least one would hope so. It also means that Pakistan has to tax its landed class. Agricultural tax is the easiest route to land reforms in Pakistan. In a proud and sovereign Pakistan, agricultural tax would remain a distant dream.
God forbid that Pakistan was sovereign like Iran! Our sovereign nation would have a wild time bringing back lynching and witch-burning in fashion. In the process we would disparage Islam even more than we have done. I suppose in such a Pakistan Aafia Siddiqui would be much safer because women would be denied a right to education in the name of national sovereignty. As they like to say in our part of the world, naa rahega baans, naa bajegi baansuri (no flute when there is no bamboo).
As a patriot I for one believe such sovereignty would be a curse. It is a question of priorities. The Pakistan I want is a tolerant, egalitarian and progressive nation that is respected in the comity of nations and not feared. This business of chest thumping is the exclusive preserve of pauper nations and it is time we realised that we owe our poor much more than some fake and fleeting sense of national sovereignty. The rich and privileged have a responsibility to their less privileged compatriots to secure for them those irreducible minimums that have been promised to them in the name of a social welfare state, which incidentally is a constitutional obligation, though one that is subject to the provision of requisite funds.
The alternative is not as attractive as our national sovereignty-mongers tell us. Those who are familiar with the Monty Python series will appreciate that a proud and sovereign Pakistan would be much like the Black Knight. Then again our nation has perfected masochism into a national passion and pastime, albeit unwittingly, so maybe this is what they want. In that case please ignore this scribes ramblings with the contempt they deserve.
The writer is a lawyer. He also blogs at Pak Tea House and can be reached at yasser.hamdani@gmail.com