HRGP’s crusade for human rights, rule of law
The situation of human rights in Pakistan is not very encouraging due of multiple factors. Though the constitution of the country enshrines and guarantee the fundamental human rights to its citizens, the issues has been their implementation and practice.
The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of association, freedom of the press, freedom of assembly and the (conditional) right to bear arms. It also provide for an independent judiciary, free of executive influence, separation of executive and judiciary, an independent judiciary, independent Human Rights commission and freedom of movement within the country. However it is debatable how much these clauses are respected in practice.
The founder of Pakistan Muhammad Ali Jinnah wanted Pakistan to be a moderate Islamic welfare state blended with some Islamic values and principles. Although the Constitution includes adequate accommodation for Pakistan’s religious minorities, in practice minorities face discrimination in both the public and private spheres. In response to rising sectarian and religious violence, the Pakistani government has unveiled several high profile efforts to safeguards their rights, such as creating National Commission for Minorities and creating a Minister for Minority Affairs post.
Although Pakistan was created to uphold the principles of democracy, Military coups in Pakistan are commonplace, and for most of its history after independence has been ruled by military dictators who declare themselves president. The Pakistani general election, 2013 were the first elections in the country where there was a constitutional transfer of power from one civilian government to another.
Domestic violence in Pakistan is an endemic social problem. According to a study carried out in 2009 by Human Rights Watch, it is estimated that between 70 and 90 percent of women and girls in Pakistan have suffered some form of abuse. An estimated 5000 women are killed per year from domestic violence, with thousands of others maimed or disabled. The majority of victims of violence have no legal recourse. Law enforcement authorities do not view domestic violence as a crime and usually refuse to register any cases brought to them. Given the very few women’s shelters in the country, victims have limited ability to escape from violent situations. Though, the constitution of the country and legal system provide adequate safeguards and guarantees to the fundamental human rights and rights of minorities, the practice has been otherwise and implementation of the constitutional and legal safeguards has been an issue.
Keeping this in view this, in 1996 few human rights activists and civil rights campaigners led by Dr Sher Ali Rizvi joined hands to establish a forum, Human Rights Group of Pakistan, with the objectives to protect, promote and strengthen human rights, rule of law, democracy, environment and socio-economic justice in the country.
The group was established as an independent non-government organization. Since then it has developed to become an influential countrywide human rights body. The HRGP has established a leading role in providing a highly informed and objective voice on a national level in the struggle for the provision of human rights for all and democratic development in Pakistan. HRGP has also been in forefront in highlighting human rights abuses and establishing co-ordinations with relevant authorities for ensuring implementations of constitutional provisions and laws to enure protection and promotion of human right, rule of law.
Besides monitoring human rights violations and seeking redress through public campaigns, lobbying and intervention in courts, HRGP has been organizing seminars, workshops and fact finding missions.
Besides the above mentioned objectives, the HRGP also works for the ratification and implementation of the Universal Declaration of Human Rights and of other related Charters, Covenants, Protocols, Resolutions, Recommendations and internationally adopted norms.
It promotes research and studies in the field of human rights and to mobilize public opinion in favor of accepted norms through all available media and forums, and other activities like holding conventions and publishing reports to further the cause
The group to cooperate with international groups, organisations and individuals engaged in the promotion of human rights and rule of law, runs campaigns, drives, projects and awareness drives in collaboration with other organization.
The Group also takes steps and initiatives to prevent violations of human rights and to provide legal aid to victims of those violations and to individuals and groups striving to protect human rights.
The Group is also working for protection of the suffering humanity and promotion of peace in society through a vigorous propagation of international charters and covenants on human rights and environment. The Group through its different organs has been endeavoring to promote, strengthen and enforce the guarantees enshrined in the Constitution of the Islamic Republic of Pakistan regarding fundamental human rights.
The founder and life chairman of Human Rights Group of Pakistan (HRGP) while addressing the group members and human rights activists on the occasion of International Human Rights Day on December 10, 1996 had said: “HRGP believes that human right is the NEW WORLD ORDER. It means those nations who will protect, promote and strengthen rule of law, democracy, and clean environment and ensure socio-economic justice to every one without any discrimination shall only survive on the map of the world.
Abuse and misuse of power, non-observance of rule of law, democracy and mortal pollution of environment time and again shook the civilized mind. Conflict of ideas and race for interests, the perpetual quest for superiority, domination, chronic economic imbalances, bloodshed and tensions are seen in almost every region of the world. From and within such widespread inhuman behaviors have given rise to grave examples of human rights violations, Therefore, it is call of the time to work together for sustainable peace in the society by ensuring rule of law and democratic norms and human rights.”
Relief Operation during the devastating floods 2010, 2011
During the devastating floods of 2010 and 2011, HRGP set up camps for collecting relief items and donations for rescue and relief operation of the affectees. The groups collected donations in the form of food items, household goods, medicines and cash by setting up camps in different areas of the country and distributed the same among the affectees in Sindh and Punjab.
Petition against Myanmar Massacre
The HRGP under its objective chapter of Human Rights filed a petition in 2012 against Crime against Humanity and gross abuses of human right in Myanmar in International Criminal Court, Hague Netherland. Through the petition, the HRGP pleaded the court to initiate investigation in respect of genocide, atrocities, gross abuses of human rights in Myanmar, wherein reportedly 50 to 90 thousands people were murdered.
Constitutional Petition against growing pollution of Kenjhar Lake:
The HRGP, under its objective chapters of Human Right and Environment, had filed a constitutional petition in Sindh High Court pleading the court to directed the concerned authorities to stop discharge of industrial waste and affluent into the lake to save the lives of hundreds of thousands of people of Thatta, Gharo and Karachi, who use the lake water for drinking.
Petition against KESC in Supreme Court
The HRGP, under its objective chapter of Human Right, had filed a petition in Supreme Court against Karachi Electric Supply Company for charging commercial tariff from water utility in violation of laws and constitutional provisions.
HRGP’S Human Rights and Business Awards:
Human Rights Group of Pakistan is striving for transparent and accountable system enabling government and citizens to engage mutually and responsive way to achieve the ultimate objective of fairness and transparency and openness. In 2012 the group marked international Human Rights Day with a seminar on “water as Corporate Social Responsibility: Access to clean drinking water as most violated human rights” which was attended by host of provincial minister, high ranking government officials, representative of humanitarian agencies, diplomats and experts and stakeholders of water sector. The initiative was in furtherance of UN General Assembly’s resolution no, 65/154 dated July 28,2010.
The seminar was followed by distribution of HRGP’s annual Human Rights Awards. The distribution ceremony was attended by the then senior Minister for Education sindh Pir Mazharul Haq, HRGP Chairman Dr Sheir Ali Rizvi, Sindh Minister for information Sharjeel Memon, Minister for Human Rights, Nadia Gabol, Consul General of Germany Dr.Tilo Klinner, Soenke Ziesche, head of UN officer for Coordination of Humanitarian Affairs, water sector experts, David James of Pak Oasis Industries (PVT), Ramzi Bolued and Shakeel Qureshi, Project Director of KW&SB and other.
The Human Rights Group of Pakistan [HRGP] during its recent meeting discussed and deliberated on different issues concerning its objective chapters: i.e. Human Rights, Rule of Law, Democracy, Environment and Socio-economic justice. The board members deliberated upon different ways and means for achieving the objectives of the Group, elaborated in the objective chapters. As corruption and corrupt practices have assumed alarming proportion in the society, which are not only eating up the very fabric of the society, but also a major hindrances in ensuring the objective chapters of the Groups, such as Democracy, rule of law and socio-economic justice.
As without elimination of corruption and corrupt practice in all its forms and manifestations, one can’t move on to achieve the cherished goals of ensuring human rights, rule of law and socio-economic justice and have a functional democracy, hence elimination of corruption and corrupt practices needed to be prioritized.
the rampant corruption has given birth to the VIP Culture, which is the mother of all corrupt practices and corruption especially financial corruption. This gave birth to crimes and poverty by destabilizing the state institutions and rule of law in the society, which ultimately lead to weakening of the state.
In wake of above mentioned facts, the HRGP is running an extensive drive against the financial corruption and corrupt practices by all means.
The programe has been named as National Transparency. It has set up a Complaint Cell, to invite complaints from general public regarding corruption and corrupt practices especially financial corruption.
The Groups is also interacting with state institutions, civil society, intellectuals, lawyers, writers, journalists and experts in order to suggest ways and means for eradication of financial corruption and corrupt practices.
The mission statement of National Transparency is “increased transparency, decreased corruption” in order to eradicate VIP Culture, poverty, financial corruptions and crimes.
It has been observed that either the people and/or effected persons do not know how to and; from where to get relief or they are afraid from approaching the relevant authorities and forums fearing backlash, difficulties, loss of time and money.
Judicial Reforms in curt administration in Pakistan
HRGP has been in the forefront for ensuring independence of judiciary and constitutionalism and rule of law in the country. For achieving the objectives, it has prepared various concept papers and carried out extensive research work for judicial reforms for ensuring quick and inexpensive dispensation of justice.
For this purpose, the HRGP has two dedicated forums, Institute of Human Right Affairs [IHRA] and Center for Redress and Rehabilitation [CRR], a forum to provide legal, medical and rehabilitation assistance to the victim of violation of Human Rights.
In order to assist in the development of a sound legal framework for trial courts in Pakistan the IHRA prepared a Concept Paper.
To design an improved system for trial courts for better administration of justice in Pakistan.
Judicial reforms in administration of trial courts that leads to establishment of Jury System, which should be free from all sorts of pressure of high ups and bureaucratic procedures. Free from corruption. Its aims is to ensure easy excess to justice for everyone at their doorsteps without undue delay. The concept reforms must assist in development of sound legal framework of trial courts in Pakistan.
- The Historical Background: Since the known civilization of mankind, peace, harmony, cohesion and justice in a society lead to development and prosperity of the people of that society. Peace in a society could only be sustained by providing economic and social opportunities to the people without any discrimination. These objectives can only be achieved through unabated democratic process, rule of law and independence of judiciary. Unfortunately, such norms and principles seem to be lacking, if not totally absent, in our society.
Reforms in the trial courts and administration of civil and criminal justice has been ignored in the past. Trial Courts are aimed at providing speedy and inexpensive justice at the doorsteps of the people. For this purpose, drastic reforms in judiciary needed to be initiated in conformity with the requirements of the country and contemporary legal practices of the civilized states in the given field. The basic role of Trial Courts is to provide justice whereas the High Courts and Supreme Court have more of a constitutional, appellate and review roles respectively.
The jury system in administration of justice shall inculcate sense of participation and awareness amongst the masses in process of providing justice. It will also create confidence and trust of people in rule of law and state institutions.
COMPOSITION OF TRIAL COURTS. The composition of all basic Courts mean Trial Courts in Pakistan shall be tailored / designed on Jury System and shall called the Peoples Courts. The jury shall consist upon five jurists and one Judge in each Trial Court.
- The Trial Court of Criminal nature shall be the Peoples Court of Session and the Trial Court of Civil nature shall be the Peoples Court of Civil Judge.
QUALIFICATIONS OF A JUDGE OF Peoples Court: The person who is or has been Senior Civil Judge and or Assistant Session Judge in a District shall be the Judge of the Peoples Court of Criminal administration of justice. The practicing lawyer having standing more than 6 years practice and recommended by the relevant District Bar Association. In both cases people court judge shall have to undergo training in Judicial Academy for a period of 6 month regarding the relevant court procedures and so as the fundamental safeguards and guarantees enshrined in the Constitution of Islamic Republic of Pakistan.
GUIDELINES FOR JUDGMENT or VERDITS OF PEOPLES COURT Verdict of People’s Court must determine the PUNITIVE PANELTY in each case. In criminal administration of justice to be recovered from the convict person payable to victim. In the judgment or verdict in the case where the Government is party or complainant the issue of punitive penalties must also be determined to the extent that civil or criminal damage is caused to the victim by the government functionary or by the state law. Further is to determine quantum of reasonable penalties recovered from the functionary or state payable to the victim.
THE QUALIFICATION OF JURY MEMBERS: The qualification of jurist of Peoples Court shall be, for a lawyer, standing of minimum 5 years and who is recommended by the District Bar Association, Or a recognised intellectual person with a minimum qualification of graduate. Jurist must have to complete training and course of Evidence Evaluation of the Judicial Academy. And shall be resident of the District for the past 10 years or domiciled in the given District.
STRUGGLE FOR ESTABLISHMENT OF DISTRICT HUMAN RIGHTS TRIAL COURTS IN PAKISTAN
It is an established fact that since the known civilization of mankind peace, harmony, cohesion and justice in a society lead to development and prosperity of the people of that society. Peace in a society could only be sustained by providing economic and social opportunities to the people without any discrimination these objectives can only be achieved through unabated democratic process, rule of law and independent judiciary. Unfortunately, such norms and principles seem to be lacking, if not totally absent in our society. However, in order to provide relief and protection at the grass roots level, it is imperative to bring reforms in the judiciary.
SCOPE OF THE DHRT COURTS:
The DHRT courts shall help control police, jail authorities and other government functionaries, excesses against the common people. It will deter the ill intention and malpractices of state institutions from molding the law for personal benefits and nepotism, thus helping maintain rule of law in the society.
Establishment of such courts shall also provide a permanent accountability process against public office bearers and shall again be of great help in maintaining rule of law in the society.
Alternatively, the provision of DHRT courts shall also help reduce corruption and crimes from the society.
Availability and easy to such a legal forum shall create confidence amongst the masses in the presently infamous state institutions concerning law and judiciary. This would lead to national cohesion and harmony.
DHRT Courts shall provide justice at the doorsteps of the people without involving burden of cost and on the other hand, such courts shall reduce the burden/backlog upon other courts leading to speedy justice.
Establishment of such courts shall also enhance the trust, value and dignity of the government of Pakistan in the comity of nations resulting in a considerable increase in much needed foreign investments and a boost to trade and economic activities in the country
FORMATION AND COMPOSITION OF DHRT COURTS
The courts shall be formed on district level in all the districts of the country.
The DHRT Courts shall be based on jury system. The jury shll consist of 5 members and one judge.
QUALIFICATION OF A JUDGE
A person who is or has been a high court judge for a period of 2 years and recommended by the District Bar association.
Chief justice of high court shall appoint the judge of DHRT courts.
QUALIFICATION JURY MEMBERS
The jury shall comprise 5 members , of which;
- Two members shall be from the legal fraternity.
- Two indigenous persons with a minimum graduate level education.
- One indigenous graduate female.
Members from the legal fraternity shall be law graduates with a minimum of two years practical legal experience.
Must be domiciled for the past ten 15 years it the relevant district.
Must be holding good reputation and moral character.
To try, indict an impose penalty for compensation in matters related to the violation of fundamental rights of an individual. To determine liabilities /responsibilities of violator, on personal grounds, through abuse of power / authority as a state functionary.
PROCEEDINGS OF THE DHRT COURTS
Victim must file an application stating special violation(s) of fundamental rights, safeguards, protections. Freedom, security enshrined in article 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 26, and 27 Islamic republic of Pakistan or in others as the case may be. Application containing facts and supportive evidence either documentary or name and addresses witness(es)
The respondent on receiving notices/summon shall have to reply along with affidavit of evidence their documentary or name and addresses of …. Witnesses on the date of first appearance in the ….
The period of trial must not exceed more to 90 days.
RIGHT TO APPEAL.
Either party could appeal if it so desires be the bench of provincial high court consisting judges.
Either party who desires to appeal must furnish 2 copies of appeal attested by the counsel to appeal at the DHRT Court within 15 days of the judgment.
The notice of appeal shall be served upon the party by the police force of the DHRT Court.
The appeal must be decided within 45 days.
POLICE FORCE OF DHRT COURTS
This police force shall be for the purposes of carrying out the proceeding orders and implementation of the orders of the DHRT Court.
4.0 PROPOSED DISTRICT HUMAN RIGHTS COURTS LEGAL BACKUP
Promulgation of Act or Ordinance
It is Expedient to enact law for and provide protection, safeguards and guarantees with respect to fundamental rights of people in Pakistan. Speedy trial Against human rights abuse/ offences to ascertain the liabilities/ responsibilities of the offender and compensation to the victim.
The law may be called enforcement of human rights in Pakistan.
It extends to the whole of Pakistan and it shall come into force at once.
The Trial proceedings rules shall be made in consultation with the HRGP.
ORGANISATION OF THE COURT
The District Human Rights Trial(DHRT) Courts will be composed of 5 jury members and one judge. The terms of office of the judge and the jury members will expire after three years. The judge and the jury cannot engage in any activity which is incompatible with their independence or impartiality . Their terms of office expire when they reach the age of sixty.
A review committee comprising three judges of the high court will be set up in each province. Committees will be an important feature as they will be responsible to check any (legal) imbalance formerly carried out by the courts.
PROCEDURE BEFORE THE COURT
Any individual claiming to be a victim of a violation of Human Rights may lodge directly with the Court n application alleging a breach by the state functionaries. A notice in national / regional or English Languages for the Guidance of applicants and forms for making application may the obtained from the registry free of cost.
Hearings are in principle, public unless the jury decided otherwise on account of exceptional circumstances. Memorials and other documents filed with the court’s registry by the parties are accessible to the public.
Individual Applicants may submit applications themselves, but legal representation is allowed, and even required for hearings or after a decision declaring an application admissible.
The official languages of the Court are Urdu/Regional/ English Language, But applications may be drafted in one of the official language of the Contracting states. Once the application has been declared admissible, one of the Court’s official languages must be used, unless the judge authorize the continued use of the language of the application.
The Registry may decide, by unanimous vote, to declare inadmissible or strike out an application where it can do so without further examination. The registry will comprise 3 members haded by a District/session judge and two lawyers of minimum 3 years experience.
The first stage of the procedure is generally written, although the chamber may decide to hold a hearing, in which case issues arising in relation to the merits will normally also be addressed.
PROCEDURE ON THE MERITS
Once the Registry has decided to admit the application, it may invite the parties to submit further.
Evidence and written observations, including any claims and to attend a public hearing on the merits of the case.
The jude of the court may in the interests of the proper administration of justice , invite or grant leave to any individual which is not party to the proceedings, or any person concerned who is not the applicant, to submit written comments, and , in exceptional circumstances, to make representations at the hearing.
During the procedure on the merits, negotiations aimed at securing a friendly settlement may be conducted through the intermediary of the registrar.
The friendly settlement negotiations are confidential.
The Courts will decide by a majority vote. Any judge who has taken part in the consideration of the case is entitled to append to the judgment a separate opinion. Either concurring or dissenting, or a bare statement of dissent.
A Court’s judgment becomes final at the expiry of the 15 days period or earlier.
Responsibility for supervising the execution of judgments lies with the local D.C/SSP. It is thus for them to verify whether states functionaries or institutions in respect of which a violation of the human Rights is found have taken adequate remedial measures to comply with the specific or general obligation arising out the Court’s judgments.
The Court may, at the request of the D.C/SSP Give advisory opinions on legal questions concerning the interpretation of the laws / judgments etc.
What Cases Can The Court Deal With?
The District Human Rights Trial Court is a national institution , which can receive complaints from persons claiming that their rights under the constitution have been violated.
If one considers that any of the stat institution / personnel (Civil or military) has to his/her personal determent violated fundamental rights, one may complain to the court.
One can complain to the court about meters which are the responsibility of a public authority (legislature, administration, courts of law, etc) The court can also deal with complaints against private individuals or private organizations.
After decision of the highest competent national court or authority has been given, one has a 3 month period within which he/she may apply to the DHRT court. If one’s complaint relates to a court conviction or sentence, this period runs from the final court decision in the ordinary appeal process and not from the date of any later refusal to re-open one’s case Unless one has submitted details of his/her complaint, at least in summary form, within the 3 month period. The Court will not be able to examine one’s case.
HOW TO APPLY TO THE COURT
If one considers that his/her complaint does concern one of the rights guaranteed by the constitution and that the conditions referred to above are satisfied, one should first send an application containing the information to the registrar of the DHRT Court.
In the application one should:
(a) give a brief summary of his/her complaints;
(b)indicate which fundamental rights one thinks have been violated;
(c ) state what remedies one has used;
(d) list the official decisions in his/her case, if any giving the date of each decision, the court or authority that look it.
Attach a copy of these decisions along with the application.
The Registrar will reply to the victim’s application. One may be asked for more information or documents or for further explanation of one’s complaints. I it appears that there is an obvious obstacle to the admissibility of your complaint, you may also be advise of this.
If it appears from one’s correspondence/ personal appearance with the registrar that his/her complaint is one which could be registered as an application, on will be sent the necessary document on which to sulmit one’s formal application. After one has complete and submitted this, it will be brought to the attention of the court.
Human Rights Group of Pakistan, under its objective chapter of Democracy, has been struggling for bringing improvement in the quality of democracy and setting up of a functional democratic system in the country. It has also been monitoring democratic process and different elections aimed at pointing out any flaws and shortcomings in the system. The HRGP has been engaged, since its inception, in research work for proposing reforms and legislative changes in the existing political system in the country in order to make the system people-friendly and functional and effective. We are giving below the overview of the research works and concept papers prepared by the Group.
DEMOCRACY IS PEOPLE’S RULE
Democracy is the name of people’s rule where parliament is Amin (trustee) of the state institutions and resources. It is duty of the parliament to transfer the state resources through state institutions to a common man with complete honesty. Political parties are like an institution because they have a major and active role in constitution of parliament. This is the reason that they are considered a key institution of the state.
Sixty four years have passed since the establishment of Pakistan and Pakistan has progressed considerably in terms of population but questions arise as to where we stand today as one nation and state? What we have acquired and lost? It is a known fact that the masses that are deprived of key facilities like food, cloth, shelter, education, health and jobs are yet to truly free themselves from the clutches of imperialistic and feudalist class despite and are still being crushed under the grind of oppression. Here masses mean 90 percent people of the country who are poor and illiterate or those whose are living at or below the poverty line.
Lets evaluate the 64-year working of the political parties of our country, which are basic unit of democracy. Registration record shows that there exists large number of political parties in our country. Before going into details about the role played by political parties during the last 64 years, it is important to point out that a culture has developed among our political parties, which is based on inheritance, money and power. If the manifestos of political parties are same line-by-line, then why are there so many parties? The history of politics shows that political parties get votes on the basis of their programmes and manifestos. But our political parties are based on personality, clan, language, religion and peer muridi.
The situation has led to no improvement in any form in basic political structure instead the affairs of political parties are becoming worse with each passing day.
After coming into power, political parties in our country always severely criticize dictatorship to prove their innocence. But when we look at the history of military rules, we come to know that our political leaders have somehow supported their act. In Pakistan, political governments have always been formed with the support or nexus of sardars, landlords, chaudhrys, peers or army. This is the reason that we cannot put the whole blame of wrongs only on the military rulers but politicians are equally responsible for it.
As it has been mentioned above, political party is a unit of democratic system and has a primary role, therefore, if this institution is not strengthened and its direction is not set, then the country will have to brace for much more disasters in future. Unless we change our political system on revolutionary basis, we cannot strengthen the pillars of the state. The concentration of wealth remains in few hands in a society where personalities become stronger than institutions. In such a society individuals take the shape of mafia. Such ills have forced 90 percent of the country’s population to live below poverty line. Instead in this country and society few influential individuals have made the masses hostage and have been badly violating the basic rights of people. What role such a large number of registered political parties have played for the formation of political system in our country? A debate on this important point is required. A question can be raised here that whether there is a risk of violation of basic human rights if a system is established based on three to four political parties? Whether such a system negates constitutional reservations? In this context we argue that the constitution not only guarantees basic rights but it also ensures elimination of social and economic ills from society.
People’s rule or democratic system is the jugular vein of a state. It can ensure strengthening of other three institutions i.e. administration, judiciary and media.
Sixty four years have passed since the departure of British from this part of the world. The question arises here what we had done during the last 64 years to change ourselves and how many laws were enacted and what effort we made to implement these?
Certainly there is no satisfactory answer one could find to the above mentioned questions. We drifted backward from where we were at the time of British’s departure from the sub-continent. The situation is worse than ever. Basic institutions such as of education, health, judiciary, legislature, administration, media and police are on the verge of collapse. The law and order situation is alarming. Rest aside development, the very existence of the basic institutions of the state are threatened. Such a situation has turned our society into a stagnant water pond, which has started emitting stinky smell.
Whenever, the fresh air of globalization touches us, it gives a soothing feeling. But when the air passed, the same stinky smell strikes us. Though information technology has positively impacted our lives, its development has become unbearable for the powers opposed to modernity and wanted to dictate their terms on the society. They are struggling to scuttle these sources of development and prosperity. Because they know it well that if once the society was enlightened by knowledge, then their hegemony will be over forever. And people will be taking their decision on their own and will not follow their dictates blindfoldedly. The rulers know it well that the modern education will demolish their centuries-old and obsolete custom, on the basis of which these ‘democratic princes’ have made people hostage. Politically conscious people are threat to their hegemony and rule. These ruling families formed a group of their kins and kiths to save the obsolete system which strengthens dictatorship.
These families are like the cobweb and masses are the trapped insects. Embargos on judiciary and media and new taxes on communication tools and other instruments are cementing the autocracy of these families and weakening the state institutions. The question here arises,,,,,,, whether people will continue mourning their deprivation? And whether the state institution will
continue to be hostage to these few families? Certainly, the answer is a big No. Because, time is changing and the light is visible at the end of the tunnel.
The deprivation and exploitation of the people has reached to the boiling pointy and it is going to explode which will sweep away all these exploiters, depriver and the obsolete system with it. This will result in the dawn of a new morning coupled with peace, prosperity and development. The point to ponder here is whether we will also be swept by the wave or we have some support to cling with to avoid to be swept away. Here we need to determine our role and only after we would be able to avoid to be swept away by the waves. The basic question is what should be our role in the forthcoming change? There is an urgent need of some revolutionary changes to strengthen the state institutions, so that the overwhelming majority of the people, who are compelled to live their lives below the poverty line, could be salvaged from becoming inmates of these exploiters’ private jails. Because these ‘slaves’ of the feudal and spiritual lords could not play any role in the development of the county. For making them positive and productive citizen, they are needed to be freed from the slavery of these groups. But when we look carefully to these ‘lords’, they are not master rather they are also slaves of some big powers. But they forget their slavery by seeing the pathetic condition of their slaves.
The economy of our country is largely agriculture-based. But the orthodox attitude has also ruined this sector. Even the cities of the country are also reflecting the picture of far flung villages. The modern way of living should have been given way by abandoning the decayed and obsolete way of living, which is a reflection of progress and development. But what happening is that the obsolete system is reining in the modern way of living, due to which rural population outnumber the urban population. In rural areas, the people are deprived of facilities like roads, schools, parks and electricity so that they could be kept away from urbanization. They are also hindered to go out to cities for getting education so that they could not recognize the true spirit of democracy.
For developing the country, we would have to bring revolutionary changes in agriculture sector on one hand and on the other the sector would have to be modernized. We would have to develop agriculture through modern technology, latest machinery and innovative ways.
There is also a need to lessen urban and rural divide and educate citizen so that ignorance could be eliminated from the society.
We could not ever imagine what a giant leap we had taken after 9/11 in the 64 years history of our country. But perhaps, the current political lot has no idea of the crucial time we face with, as after coming into power they have started again doing what they were doing before 9/11. But they confront hurdles at every step.
OUR SOLUTION OF THE PROBLEM
In capitalism, democratic attitude and behaviours is reflected in democratic system of government. Ensuring fundamental human rights, socio and economic justice, rule of law and honest utilization of state resources through state institutions for the greater good of the people are the essence of democratic system of governance. These are the signs of real democracy. For achieving these, there is a need to bring revolutionary changes in political system.
The proposed changes are given below:
In democracy, parliament is the trustee of state institution and resources and it is the duty of parliament to ensure the state resources are reached to the masse through state institutions. In democratic system, parliament is the only institution which can bring basic changes. Actually, this is the institution, which guides the country and nation. Its strength and weakness impact other institutions. So by duly concentrating on parliament, other sate institutions can be strengthened and real people’s rule can be ensured.
Political parties give birth to parliament and representatives of the parties run the parliament. Certainly, better performance of political parties gives birth to a better parliament. Due to large number of political parties in our country, our parliament has become a fish market. Therefore, there should be only three to four political parties and ban on contesting election as independent candidate.
Political worker is the base of a political party. But there is a need to improve the social and economic condition of the political workers besides improving their political consciousness. Only politically conscious and economically sound workers can lead to an effective and efficient political party and parliament. Political worker can act as bridge between parliament and masses. But political worker has been ignored in our political system. There is a need to empower and strengthen political worker so his/her confidence can be restored. The officer-bearers of political parties and candidates for national and provincial assemblies should be elected by the workers. The members of assemblies must be accountable to the workers. In this way, dynastical politics, monopoly and feudal mindset and excessive use of money and influence could be eliminated from the political culture and accountability process will start at gross root level automatically.
It should be kept in mind that making the whole nation of 180 million politically conscious is nearly impossible, but it is possible to make 17 thousands or 17 lakh workers as politically conscious and aware. Besides this, every party should set up Political Workers Welfare Trust.
The Election Commission needs to be made more active, dynamic and autonomous. The commission should be made bound to ensure intra-party elections in every political party and monitor it.
- Firstly there is a need to hold intra-party elections to elect office bearers of political parties. The intra-party election should be held on the basis of party membership. From national to local level office-bearers of political parties must be elected. The election commission should announce the results and notify the names of successful candidates. This will lead to discipline in the party and sense of responsibility among the party workers and every successful candidate will be accountable to the workers.
- In the second phase, Election Commission should hold election for national and provincial assemblies on the basis of national voters lists. In the national election, only limited registered political parties be allowed to participate with their manifesto and programme. In this way, the electorate will expressed their opinion as which party and its programme is better for the country. In such a system, political party instead of candidate will be victorious from any constituency.
- In the third phase, ever party should nominate their candidate on the constituency it won in the elections. The nominated worker will be notified by the election commission of represent the electorates of specific area. In this way, use of money and clan, ethnicity and sect could be eliminated from election process.