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  • Tuesday, April 20, 2010

  • Shammed Amendment - Refrain Balochistan Issue

              By: Diagoh Murad
                  Saturday, April 24, 2010

     

    The assignment of amending the Pakistani Constitution as once again started, it is still unclear that whether the 18th amendment bill will be the last conclusion part of the constitution of Pakistan or in near future more amendment of the constitution will follow as it seems that state of Pakistan whenever feels unsafe the amendment of the constitution take place as to mute the protest of the nation that coexist in its artificial boundaries. The clauses which are to be amended in the constitution of Pakistan are predefined as example follows that the 1971 constitution was efficiently amended in which provincial autonomy was drafted keeping equality in a more sensible way among nations and as the 18th amendment it is described in the more same manner but with a different touch the points define below portray the 18th amendment in a better way.

     

    The basic thing which to be understood is actually that this is not the first time that the constitution of Pakistan was amended, The constitutions of Pakistan have always played role of a football, where it was bounced onto the opposition goal whenever military coup took control over the state policies and politics. From the military governance of General Ayub Khan to General Parvez Musharaf, the constitution, the judiciary and all the state machinery were hijacked by the military government and the civilian government dismissed, according to UN sources “The capability of the Establishment to exercise power in Pakistan is based in large part on the central role played by the Pakistani army and intelligence agencies in the country’s political life, with the military ruling the country directly for 32 years of its 62 years of independent state”.

     

    On the recent year 3rd November 2007 was such a date in which General Parvez Musharaf treading the path of his predecessor’s accused the judiciary and the opposition leader for conspiracies against his presidency, for which he intercepted the judiciary and sacked the opposition leader and judiciary personalities on home arrest and the constitution of Pakistan was dismissed again and thrown away.

     

    Modifying the constitution is the oldest rituals in Pakistani politics where the powerful party or individuals can and always attempt to exempt their decision to amend the constitution for their beneficial purposes. Although this time it was not recommended to amend the constitution but like the Pakistani politicians “What the Heck!” the major changes which were described when the 18th amendment bill was in processing was all the provinces shall have equal rights with in the framework whether it be judicially or politically but as the processed bill was publicized, the biggest changes seems to become smaller in terms. It seems the policies defined in the 18th amendment bill are just copied and pasted from the previous amendments. Though self-proclaimed champions of democracy the PPP government shunned some of the major issues when the constitution was being reformed,

    1. The Balochistan Issue
    2. The NWFP Province Talibanisation issue.
    3. The NRO Issue.
    4. The forced disappeared missing person’s issue which goes to thousands and most of them are Baloch.

     

    Like these issues the constitutional reform which is taking place by implementing the 18th amendment bill, there was a different prospect in the recent year when the federal government announced the Balochistan Package namely “Aghaz-E-Huqooq Balochistan” in which the Balochistan issue was mainly the case and the head of this parliamentary package Mr Raza Rabbani though defined by Pakistani media as a wise man, “Unwisely” avoided the most prominent matter that has caused Balochistan or Baloch nation to be banished to the dark side, Their suppression by the Pakistani state as a colony, despite many claims the Balochistan package was just left on paper it never became reality, Raza rabbani did managed to keep some baloch leaders view point but the droll point is this that the leaders which were taken into consideration by Mr Raza Rabbani were never recommended by Baloch nation.   

     

    Let us put some points or clauses from the 18th amendment as it was mainly the subject, though there is not much defined about the provincial autonomy or equality among nations in Pakistan but exclamation of this 18th amendment bill in the recent days woke us up to see what constitutional reforms are being taken place, the points which I took might speculate you that Pakistani policy makers are not serious about the provincial autonomy even if the constitution of Pakistan which was motivated by former Prime minister Zulfiqar Ali Bhutto have specified and enlisted it in 1971 constitution.

     

    1.       The first clause which caught my sight was “for the word “Baluchistan” the word “Balochistan”, for the words “North West Frontier” the words “Khyber Pakhtunkhwa”, and for the word “Sind” the word “Sindh”, shall be substituted.”

     

    2.       Right to fair trial. - For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.”

     

    3.       Right to education.-The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.”

     

    4.       The shares of the Provinces in all federal services, including autonomous bodies and corporations established by, or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified.

     

    5.       The seating measure in National Assembly allocated to all the provinces in which Balochistan shall have 17 seats out of 332, Khyber Pakhtunkhawa 43 out of 332, Sindh 75 out of 332, FATA 12 of 332, Federal capital 2 out of 332 and Punjab 183 out of 332.

     

    As the clauses specified above are concerned this is pretty much all of the important points which one can find if take a profound look into the 18th amendment bill as they are modified in the coming days maybe some changes will occur but as the above points are crystal clear that they wont budge from their space then its our duty to shed some lights over the top points and see through the lens.

     

    The recommendation of the constitutional reforms on what grounds is still hidden as who wanted constitutional reform, Sindhi, Baloch or Pashtun, What ever the case the constitutional reform where 18th amendment is being processed with points like these where renaming of Balochistan, Sindh and N.W.F.P are defined and the major problems, like the ongoing situation of Balochistan and the tense condition which has gripped the whole N.W.F.P is totally shunned by the federal government. If a policy has to be derive it should be progressive and the constitution of Pakistan which was earlier defined as totally being reformed is actually a bogus scheme to buy time and mute the protest of the suppressed nation inside its boundaries, no matter what the dilemma this scheme or constitutional reform bill won’t work as long as the biggest issue like Inequality is not defined in it.

     

    The list of missing person is not declining except that some more names are added to the list because of the recent abduction by non other than the infamous ISI & Co. Three new cases in just this month came were of Mehboob Wadhela, Bohair Bangulzai and Murad Khan Marri, these three men listed as missing are actually extra judicially abducted by the ISI plain clothed persons in broad daylight and in the presence of public. Eye witnesses have also regarded the kidnappers as being ISI members assisted by local police and FC (Frontier Constabulary) personals. Now as mentioned that the list of missing person has grown from 9000 to maybe more what kind of fair trial does the 18th amendment bill has offered.

     

     It is not the 18th amendment bill that has specified this clause it was also enlisted in the previous “Aghaz-E-huqooq Balochistan” Package where the point stated that The federal government, in consultation with the provincial government, immediately release all political workers, except those charged for heinous crimes. & the Missing persons to be identified, with release of those against whom there are no charge and trial of others before a competent court” The clauses were defined but no judicial inquiry or fair trial was given to the abducted persons and the organization which is guilty ISI was never questioned about it neither any committee was set to bring the missing person plight. The recent door to door operation in Quetta where 300 Baloch political activists were brutally beaten and then arrested, in this operation Baloch women and children were also harassed and treated badly by FC and ATF, An aged old woman name Bibi Mahnaz Mengal was also tortured through which she was critical injured resulting in her dead, But still the 18th amendment or earlier Balochistan Package has been headlined in Pakistani media exclaiming its importance in this crucial situation. On what ground does the president and prime minister of Pakistan utter such words where Balochistan and Baloch nation has been treated brutally, Baloch women being killed and harassed on what sort of wise decision Baloch nation will accept this 18th amendment bill when they rejected the Balochistan Package even before its birth. The missing person are still missing and there is a grieve situation inside Balochistan where recently a mother has been killed because she was trying to save her son from the clutches of devil then I think this clause is and will always be just for show.

     

    The one point which comes close to Provincial autonomy is the 4th one but still it cannot be overlooked as it is merely a clause on paper which if god knows becomes reality. Because one such point was also described in the Balochistan package in which provincial autonomy was clearly visible but that clause is still to become reality as it has not being seen the case, like the point state “In terms of the Resolutions passed by Parliament the Speaker has constituted a Parliamentary Committee. The said Committee has commenced work of considering various amendments in the Constitution, including on provincial autonomy, this should be immediately addressed”. Provincial autonomy the biggest problem face today is still waited to be addressed but that date has not yet came in which this issue will become a major one for the federal government to address as it is likely the case here with this 4th point where all the provincial shares in all federal services secured and rectified. Rectified now! Why they were never rectified before, why the federal services, autonomous bodies and corporations working under the control of federal government never been secured and handed over to the provincial governments, the only answer to this is hypocrisy, the scheme which was brightly planned and executed but as time passed away so the dust was also blown away.

     

    The last point shown above briefly defines the seating measures of national assembly, if one looks to it then there is not much for 3 provinces Sindh, Khyber Pakhtunkhawa and significantly Balochistan which has no voice at all because in 332 only 17 seats are allotted to Balochistan which if put against Punjab which has maximum seats over 183, if we minus 183 from 332 then the sum we get is 149 which means that the national assembly is overall taken hostage by Punjab from where every bureaucrats of Pakistan has born. Majority of the members of national assembly belongs to one province so this means that majority of the voice comes from one nation that is Punjab, if majority has said No to any reform than the majority will speaks for one province and all the other members of parliament that is Baloch representatives will have no voice at all being in minority.

     

    Although many so-called nationalists from Balochistan, Senators Hasil Khan Bizenjo of (NP), Shahid Bugti of (JWP), Israrullah Zehri of (BNP-Awami) have signed the 18th Amendment Bill, but majority of the nationalists who baloch nation recommend have rejected the 18th amendment and earlier they also rejected the Balochistan Package. Now the fate of 18th amendment bill is in the hands of the PPP government whether they are serious about the provincial autonomy for all provinces or they just want to exploit the situation some more so they can gain more popularity. The plan of constitutional reform has been set to motion but how much momentum it will get it is yet to be seen as earlier said that the Aghaz-e-Huqooq Balochistan package was also a big hit among some of the leaders of Balochistan but when the package was marketed it was discarded by the nationalist group inside Balochistan. These constitutional reforms are just used as pretext to put a lid on the situation where Pakistan faces more severe self created internal dangers whether it is the Tehrik-e-Taliban Pakistan [TTP] or the Freedom Fighters of Balochistan & Sindh.

     

     

    Concluding:

    Although the 18th amendment bill is constructed over 30 detailed points but this essay specified the most crucial clauses so to better understand the fraudulent policy of this 18th amendment bill. The below link will give the detail view of the amendment:

    http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=100264&Itemid=1

    Balochistan Package In full:
    http://pakistaniat.com/2009/11/24/balochistan-package/

    http://diagohmurad.info.tm/index.php?p=p25

                                                                                                                                        

     

     

     Email: diagoh@yahoo.com