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Opening a Pandora’s box?

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The passage of the 18th constitutional amendment in the National Assembly is a historic milestone for democracy in Pakistan. By doing so our elected representatives have demonstrated a level of political maturity that is very encouraging for all of us who want democracy to work for Pakistan.

Published: Fri 16 Apr 2010, 10:53 PM

Updated: Thu 2 Apr 2015, 10:06 AM

  • By
  • Javed Malik

However, it is also true that this amendment does not put an end to the issues being faced by the common man on a daily basis. He is more interested to know if such an amendment would put an end to the escalating energy crises or whether it would alleviate poverty. Will it create better employment opportunities for our youth, or protect him from the threat of extremism? Above all, will this amendment result in better governance, accountability and transparency that should be the cornerstone of any political and democratic dispensation?

In some ways it might even indirectly address some of these issues. But one thing is for sure that once the 18th amendment is passed a lot more will now be expected from our elected representatives and particularly from the government of Prime Minister Gilani. After attaining the much talked about executive authority that was previously with the President, the spotlight will now be on Gilani to ensure that democracy delivers to the common man.

I am sure he also realises that simply attaining these “executive powers” would not be enough. He has to use them, and use them effectively and meaningfully to deliver the much promised change. In many ways, his real test has only just begun, and it’s now up to him if he chooses to emerge as a real leader, or simply become a footnote in the country’s history. While the majority of its 97 clauses boost parliamentary democracy, nothing can be perfect. There are also some clauses that can become contentious. Among them is the proposed judicial commission responsible for appointment of judges. As a student of jurisprudence I am aware that the ‘doctrine of separation of powers’ requires that the three state institutions; namely the executive, judiciary and legislature remain totally independent and detached from each other. But if the proposed judicial commission contains members who represent the executive and/or the legislature this is likely to raise some legal and constitutional questions.

Secondly, I wonder if it was prudent to re-name our northern province as Pakhtoonkhawa-Khyber. Don’t get me wrong, because in principle, I have no qualms about changing the name. In fact, I would be very happy to see the the acronym NWFP (North West Frontier Province) that was left behind by the British to be replaced with a more meaningful name. A name that truly represents the rich history, culture and heritage of our great province and its people. The brave Pakhtuns might form the majority of the people there but the Hindkowans or Hazarawals have also contributed immensely to its heritage, and should not feel alienated by the province’s new identity. This feeling of alienation is already simmering in the Hazara district. Clashes have erupted and we are now hearing demands of a new province of Hazara.

This has reignited the age-old debate of creating more provinces. There may be substance in the arguments of those advocating more provinces. But the point is—do we really need to start this debate right now? With the country already burdened with enough internal and external challenges, must we invent more?

The violence in Hazara has clearly overshadowed the good side of the 18th amendment, and instead of celebrating we are now mourning the loss of lives in Hazara.

Surely, if the 18th Amendment is about empowering and uniting the people of Pakistan then the sentiments of the people of Hazara should not have been ignored, and an amicable solution should be found during the deliberations in Senate.

Away from all this Prime Minister Gilani has been in the United States to attend the nuclear summit. His beaming face, as he met with President Obama, exuded a new-found confidence. “You have raised your stature, Mr Prime Minister”, remarked Obama to an elated Gilani. Later Prime Minister Manmohan Singh also congratulated him for becoming a powerful person in Pakistani politics, after the 18th constitutional amendment.

While he may be seen as being more powerful and raising his stature internationally, back home Gilani’s real test is about to start. He will now be returning to a Pakistan where the 18th amendment seems to have opened a Pandora’s box for his government.

Known for his ability to develop consensus it would now be up to Gilani how quickly he can bring calm to the volatile situation in Hazara while keeping his allies from the ANP also happy. Can he bring all stakeholders on board to ensure that the 18th amendment goes through in the Senate? Or have we set off a new cycle of pointless debates and instability?

Javed Malik is a noted television anchor, and Executive Director of the UK-based The World Forum



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