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Tag Archives: national action plan

Civil and Military judicial systems: Need for bridging the gap

Military judicial systems, the World over, are known for delivering swift, speedy and credible justice during extraordinary times. Especially so when the routine of the run judicial system is unable to deliver justice due to any of the accepted multiple genuine reasons. Post 9/11 setting threw up such extraordinary environment when circumstances had rendered the normal judicial channels ineffective, particularly when it came to punishing hard core terrorists. This situation prevailed for about fifteen years and none of the terrorist was awarded meaningful penalty for heinous crimes, it was often observed that those arrested on these accounts were promptly granted bail and were repeatedly caught committing same crimes again and again. Under these conditions National Action Plan was formulated to counter terrorism and military courts were setup for a limited time. These courts served the purpose and award of meaningful punishments to had core terrorists helped in quelling the waves of terrorism promptly.Military courts were established for two years and during this period civil judiciary was expected to fix its weaknesses and be able to re-takeover the task. However, it failed to do so, so the military courts were asked to carry out the task for another two years; this period is to end in January 2019. However, civilian courts are still no better than what they were in January 2015. It is yet another testimony of the lack of faith in the country’s criminal justice system and the sheer ineptness of political system to reform it. Reasons that led to setting up of military courts continue to persist. And it goes to the credit of swift action by military courts alongside military operations that terrorism is on its fag end. Certainly Army’s Judge Advocate General’s team will have to answer many question, as to why pointed out technical gaps and procedural voids were not plugged-in during the trial proceedings. While at the same time, PHC bench needs to account for basing such decision mainly on technicalities, while mainly ignoring the substance matter, and that too in case of heinous crimes. There are many rungs between capital punishments and outright acquittal and one does not have to go berserk to jump straight from capital punishment to acquittal option without preferring to choose from whole assortment of lower degree punishments. Under the circumstances remanding the case for retrial should have been a win-win situation for all sides. Hopefully, a worthwhile solution would be found out. Army needs to undertake capacity enhancement of its JAG branch to avoid recurrences. And PHC should avoid outright choking of one of the parliament approved and constitutionally established judicial sub-system.

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Contemporary INGOs: Hegemonic Proxies

When governments abdicate their basic responsibilities towards their people in terms of disaster management, healthcare, education, nutrition etc, the void is filled by NGOs and INGOs, and then host country has to bend backward to accommodate these entities. Hence, it is necessary that beside scrutinizing the INGOs, government of Pakistan takes essential steps to fill the capacity gaps in disaster management, health, education, social security etc.Modern warfare is characterized by calculated ambiguity, controlled chaos and perplexing complexity. It is envisaged that the future hybrid conflict in the region shall be fought by the foreign sponsored non-state actors and inserted proxies under the overall goal of influence operations so as to achieving the strategic end state rather than conventional military to military conflicts. It is no secret that some International Non-government organisations (INGOs) harbour foreign agents working against the interests of the host country with or without the knowledge or complicity of their parent organisation. Such INGOs provide an excellent cover for clandestine activity by hostile foreign agencies such as intelligence-gathering and subversion in the country in which they operate. International organizations and selected NGOs offer diversity of means available for international coercion. Non state actors will continue to play an important role in the future. Due to the technological advancement and globalization, a number of non-state actors and groups, transnational networks and even think tanks have influence against nation states or certain parts of it. Pakistan has asked 18 (INGOs) to wind up their operations within 60 days. During surveillance of these INGOs, it was revealed that they were involved in suspicious activities. They were doing things which were beyond their given mandate. Certain foreign funded organisations which were conducting surveys, were routinely sharing their data with hostile agencies. Some of the INGOs were also operating near sensitive installations.So far 145 INGOs have applied for registration. During scrutiny it was revealed that 63 INGOs are working against Pakistan’s security and solidarity. Ministry of Interior served notices to 49 INGOs (in November 2017 and August 2018) for closing their operation in the country; out of these, 18 filed representation against the decision and they were given ample opportunity to clear their position. Their appeals were unanimously regretted by a special committee constituted for the said purpose. Forty INGOs have not even bothered to get themselves registered and they continue to, work. Legal action against such INGOs is being contemplated.

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Counter extremism: Terrorism shall follow the suit

[Featured Image: Courtesy CNN] On the eve of Haj, Saudi Grand Mufti Sheikh Abdul Aziz said the terrorists have gone astray and are destroying the image of Islam. He cautioned the Muslims about the menace of terrorists using the religion’s name while sabotaging peace. He urged Muslims to strive for spreading the real message of Islam— peace, love and brotherhood. And while addressing the UNGA on September 25, Pope Francis said; “Our world demands of all government leaders a will which is effective…and thus putting an end as quickly as possible to the phenomenon of social and economic exclusion...including prostitution, the drug and weapons trade, terrorism and international organized crime….We need to ensure that our institutions are truly effective in the struggle against all these scourges”. This convergence of thought amongst the leadership of two major faiths is a healthy sign. Grand Mufti and Pope have done their bit in this direction, now the global political leadership should pick up the cues and devise a global plan of action for countering terrorism while addressing the core issues of radicalism and extremism. Though terrorism is a global phenomenon, during recent years it has converged more onto Muslim countries, including Pakistan. Menace of terrorism stems out of extremism which in turn draws its origin from radicalism. Therefore, beside terrorism, any meaningful counter terrorism effort should also focus on radicalism and extremism. While the government of Pakistan is striving to counter terrorism, countering extremism and radicalism are the weaker links in the National Action Plan (NAP). NAP evolved from the urgency of countering terrorism and thus has significant relevance in overall security matrix to address the immediate need of connecting different responses and incorporating these in a functional policy framework. However, in the process, actions focused at de-radicalization and counter extremism did not attract requisite focus. It is expected that in due course, government will come up with a comprehensive de-radicalization and counter-extremism strategies as well to complement existing provisions of the NAP.

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