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Human rights during Zia's era.

PREFACE
The very accomplishments of Human Rights have been a concern of the entire political activities since times immemorial. The history of its recent evolution, accomplishment and realization could be traced back to great constitutional enactments such as the Magna Carta in 1215, the Petition of Right in 1628, and the Bill of Rights and the Act of Settlements in 1689. However since the Virginian Declaration of Rights of 1776, the American Declaration of Independence and Bill of Rights in the form of the first ten amendments to the constitution of the U.S.A, and the declaration of the Rights of Man and the Citizen adopted in1789 by the French National Assembly, the concept of Human Rights has become a general principle of the constitutional Law of the civilized states. However the tragedies of wars specially in the period after first world war, and the emergence of various forms of authoritarian states and dictatorial regimes could give the Human Rights, a renewed impetus to the need of recognition and protection of Human Rights, both nationally and internationally. In 1929 the Institute of International Rights of man recalling in the Preamble that “the juridical conscience of the civilized world demands the recognition for the individual of rights preserved from all infringement on the part of the state” and that “the declarations of rights, written into a large number of constitutions and especially into the American and French constitutions at the end of the 18^th century are ordained not only for the citizens but for man”. Stated in Article 1, that “It is the duty of every state to recognize the equal rights of every state to recognize the equal rights of every individual to life, liberty and property and to accord to all with in its territory the full and entire protection of this right, without distinction as to nationality, sex, race, language or religion”. The outbreak of the Second World War strengthened the conviction that the international recognition and protection of the right of man was in accordance with essential requirements of international peace. In this line of legislation and protection of the right of man, charter of the united nations organization indicated in numerous provisions the recognition of Human Rights, the dignity and worth of human person, equal rights of men and women’ in the Preamble, the Charter continues laying down as one of the purposes of the United Nations being the achievement of International Co-operation,” in promoting and encouraging respect for Human Rights…” Article 1, 13, 55, 56,62 and 68 of the Charter repeat and acknowledge Human Rights as legal rights recognized by International Law. The realization of and remedies in case of its violation have been allowed by actions including investigation and recommendations addressed to appropriate organs e.g., UNESCO, Commission of Human Rights etc.

This continuous process of laborious struggle for the concept of Human Rights could help achieve the adoption of Universal Declaration of Human Rights in 1948, European Convention on Human Rights 1950,and International Bill of Rights and its related covenants of Human Rights 1968.

Here it will be worth mentioning that the author as a student of International Law, under went through a personal experience for about three years (1979-82) on the subject, while pleading the case of self exiled (Asylum) through the agency of United Nations High Commission for Refugees at Belgrade, Yugoslavia. All most all the civilized nations of Austria, Australia, Italy, Norway, Sweden, New Zealand, West Germany and the United States of America had had the excuses on the pretexts of technicalities that implies to the very fact of non-availability of the means of implementations of such a basic universal instruments of International Law, despite the constitutional guarantees by the individual states that “ the international law takes precedence over the national Law” as it is enumerated in the national constitutions of all these civilized nations. Hence the resolution of such a hurdles should be the first priority while forwarding the cause of Human Rights at the international levels.

FORWARD
Since August 1947, after its creation Pakistan, having passed through a period of uncertain living in comparatively hostile environments, could emerge with an oscillating conception of institutionalism. At the very cross sections of our contemporary affairs it could be briefed that beside, Parliament, Executive and Judiciary, the armed forces of the country have succeeded in attaining status of a national institution with the characteristics of permanence and prone to power. By the very nature of its duties and constitutional allocations of functions, the country’s history does reflect upon the role of its armed forces as being (i) exclusively defined with the theory of isolation from the political arena, (ii) and at the same time its being prone for intermingling with and influencing the rest of the institutions.

There could be many reasons for such a character but the evidential views supported by the historical facts do confirm that the emergence of such an important and dominating behavior of the armed forces could be the reason of Pakistan’s cultural cum religious urgings. Being bifurcated of the United India, on the basis of two nations theory, the people of Pakistan have always looked towards the powerful warriors with the spirit of Jihad or holly warfare against the nonbelievers. Such a massive support and good wishes from the general public have helped and contributed the armed forces to develop and grow the character of its being prone to indulge into the areas other than warranted by virtue of its defined role. Had the armed forces not enjoyed such a popular support, it could have hardly consumed above 60 per cent of country budget each year leaving just a meager amount of funds for developmental purposes.

The role of Gen: Ayub Khan (1958), Gen: Yahya Khan (1969), Gen: Ziaul Haq (1977) and now of Gen: Pervez Musharaff, does count up to almost half of our national life what on a very rough basis suggest that armed forces in Pakistan have earned a status in the affairs of the nation as being: (i) dominating, (ii) with cent per cent capability to influence the pace of national developments, through its (iii) above average sophisticated men and equipments.

Here it is thought provoking that today’s politics having become to be a science based upon the entire spectrum of sciences both social and pure, therefore, the traditional theory of isolation of the Armed Forces from the every day national life could hardly be feasible and adoptable in any country including Pakistan. However it is still urgent that under the dictates of democracy all contemporary rulings be mindful of an equilibrium that would ensure and prevail the supremacy of Parliament. To the historians and present day researchers in governance, the ignorance of such equilibrium means the development of an imbalanced institutionalism or the survival might against the right.

Unfortunately such imbalances could be found prevailing in the countries of the third world, which have created valid threats to the practices of evolution of democracy and its upbringing. The data pertaining to such a role of the armed forces does speaks about the existence of a phenomenon called Bonaparteism, which has alarmingly alerted the world’s activists for the human emancipation, rule of law and Human Rights. However it is sad that those championing the cause of democracy around the world have never bothered to organize their concerns scientifically against such military interventions. Were pro-democracy movements all over the world organized on the similitude of anti-communism campaigns then the dawn of 21^st century would have not witnessed no new iron men around the third world with their omnipotent characteristics.

In Pakistani environments, Military intervention, can be defined as being (a) overt, i.e. an action or operation wherein nobody is physically harmed e.g. the 1958,1969,1977 and 1990 coups. (b) Actual intervention that means plots were detected before or on the D-ay , and as such it could be alleged intervention. Gen: Akbar Khan’s coup attempt in 1951 in Pakistan occurs in such a category. (c) The interventions in Pakistan, Burma or other Afro Asian countries, where civil governance has is stated to be handed over or taken over by the army in the country’s interests under the principle of necessity. In such cases the new leaders do preserve the existing mainframe of national affairs and is popularly suspected to be a coup and is usually disliked.

Statistics have illustrated that in 15 Asian countries during the period of 15 years a number of 50 coups occurred. It comes out to be three coups per country. No doubt Pakistan is included in such three countries where the series of coups during the last fifty years have repeatedly annulled three constitutions. For the civilized world such has been an alarming situation. And interestingly Hassan Askari, a Pakistani scholar, in his book, “The military and Politics”, has statistically shown that out of 73 states with per capita income below $330, forty five (45) countries have experienced coups, 25 states with per capita income $330-899, have only 5 countries that could face such a military interventions while out of 19 states with per capita income above $ 900,there are only two countries having gone through such an experience.

To most of the academicians, military intervention as against the democratic governments is ‘reactive’ rather than ’designed’. In Pakistan from Ayub Khan to Pervez Musharaff such interventions took place as reaction to the failure of the politicians and their plundering the national exchequer. Also these coups were provided with legal cover by the country’s judiciary under the principle of necessity. While, the civil service and other institutions including political parties or leaders have opted for the marriage of convenience with the new government. Hence on each occasion the otherwise shy to resist Press has softly recalled upon the new leaders about their fate repeating the famous sentence, ”it is easy to ride the bear but difficult to get off its back”. Further on every such occasion the new leaders have promised the general public to:

Introduce reforms in the entire realm of the country’s affairs.
Eradicate corruption, nepotism.
Take measures for economic and industrial uplift.
Make political, administrative and other planning.
With such a brief narration of the role of the Armed Forces in Pakistan’s political affairs, it would not be out of place to recall that Late Z. A. Bhutto in Sehala rest house after he was deposed by Gen. Zia, was busy studying how to extinct the possible occurrence of Bonaparteism with the contemporary state armies.

Today fifty-three years after the creation of Pakistan we better still keep the perusal of such studies. This might provide us with some mechanism to get rid of the prevailing vicious cycle of military intervention after each decade of civil rule while ensuring a profession army.

THE MYTH OF GOVERNANCE IN PAKISTAN
The entire history of governance in Pakistan has been evenly divided between the politicians and the military Generals. Both have ruled the country alternatively one after the other. In case of the politicians’ run government it could be safely concluded that being hailing from the upper social class they have hardly imagined about the masses agonies? Hence living at the edge of the society that they happen to rule from generation to generation, the politicians have hardly any contributions in ensuring the uplift of the ordinary people. The aged old social structure in the country has left majority of the people condemned into the cruel hands of fate. The network of the religious bosses and their stooges would always make the ordinary person understand that all the ills faced by him were but the dictates of Allah and as such he ought to be patient and thankful for all that were available to him. In return of such a service to those indulged in the exploitation of the masses, the clergy has been provided with the social status and easygoing life style.

The status quo in regards to such a class oriented society has been always retained and maintained, by the modern days governments and that is why despite of having more than three constitutions and countless number of elections in the country the lot of the ordinary man could not be changed. To every consecutive government the Maintenance of law and order and collection of taxes have been the two basic duties of every government in the country. Thus the politicking has been reserved for those haves in the society who would always utilized the votes of the millions of have-nots so that to stay in the lime lights. This has not only helped to reserve the political theater for the rich class but has also ensure the arena to be limited one so that a few chosen could play their political games safe and securely.

And having done it for a decade they are given a break as with the emergence of the armed forces in the power corridors. Thereafter on the turn of the military governance, the extraordinary authority of the men in Khaki would provide oxygen to the sick man so that he could live and experience a new political rule after a decade of time. This way the history in Pakistan has time and again witnessed the peoples in the country to move around the same circle in clockwise and anti clockwise directions. This strategy has left the country to be known as one with the highest population growth rate. The dragon of population growth has visibly curtailed and exhausted, thus making the poor further poorer.

But still the foreign visitors and commentators would find a lot of progress and developments taking place in this country. The success of Pakistani scientists to break atom in May 1998 has left many such commentators to believe that the country has yet a befitted glooming future to reach to.

Further various scholars as being the one that used to prevail s France have defined the dilemma of repeated failure of civilians run governance. And as such they believe Nawabzada Nasrullah Khan being justified in his doing and undoing of each civilian and military government in Pakistan.

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