Protecting Pakistan’s Threatened Democracy
21 Aug 2014
A little over a year ago, Pakistan entered an unprecedented second phase of democratic transition, with one elected government handing power to another by peaceful, constitutional means. This fragile transition will be gravely threatened unless a fast-escalating political crisis is urgently defused. The protests rocking Islamabad threaten to upend the constitutional order, set back rule of law and open the possibility of a soft coup, with the military ruling through the backdoor. Renewed political instability at the centre would imperil any progress that has been made in addressing grievous economic, development and security challenges. The government’s moves, supported by the parliamentary opposition, to accommodate some of the protestors’ demands – particularly as regards electoral reform – are welcome. It is worrying, however, that protest leaders appear adamant in rejecting such outreach. Crisis Group calls on the political and military leadership to continue adherence to the constitution and enforcement of the rule of law, while permitting the right to peaceful protest.
Protesting with several thousand supporters in front of the national parliament in Islamabad, Pakistan Tehreek-e-Insaf’s (PTI) Imran Khan and the Pakistan Awami Tehreek’s (PAT) cleric-cum-politician leader Tahirul Qadri are demanding Prime Minister Nawaz Sharif’s resignation. Beyond that their demands diverge. Qadri has called for resignation of the government, dissolution of all legislatures and formation of a national government to enact sweeping constitutional reform that would replace parliamentary democracy with a neo-theocratic order. Khan, who has prime ministerial ambitions, has claimed that massive rigging by the ruling Pakistan Muslim League-Nawaz (PML-N), the Election Commission of Pakistan (ECP), then Chief Justice Iftikhar Chaudhry, segments of the media and many other institutions and individuals deprived him of victory in the May 2013 national and provincial elections. He wants those responsible for rigging tried for treason, Sharif’s resignation, dissolution of the national parliament, formation of a neutral interim government and new elections. While threatening the PTI’s resignation from the national parliament and the Sindh and Punjab provincial legislatures in which he has very limited representation, he has yet to decide a course of action in Khyber Pakhtunkhwa province (KPK) where his is the governing party.
The government cannot absolve itself of all responsibility for the impasse, including confrontation between the police and Qadri’s followers in Punjab’s capital, Lahore, that resulted in the deaths of several PAT supporters in June and foot-dragging on Khan’s initial demands for a limited electoral audit. In the face of the Islamabad protests, however, it has thus far exercised restraint, concerned that any attempt to use force could further inflame sentiment, exacerbate the crisis and give spoilers opportunity to disrupt the democratic process. Further, it has accepted Khan’s original demand to recount votes in some disputed constituencies. It has also accepted his demand for a judicial probe into rigging, having requested the Supreme Court to set up a commission to investigate conduct of the May elections; and has responded positively to Khan’s critique of the ECP and the electoral process by constituting a parliamentary committee, including PTI legislators, to develop proposals for meaningful electoral reform. However, Khan has rejected these concessions and moved the goal posts, rejecting the elections entirely and calling for new polls.
All the major parties in the national parliament, including the Pakistan Peoples Party (PPP), which leads the opposition and was in power until losing to PML-N in 2013, have strongly opposed any steps to derail democracy. They urge Qadri and Khan to resolve their differences with the government peacefully and vociferously reject demands for the dissolution of national and provincial legislatures. Elected representatives from Sindh and Balochistan consider the crisis a tussle for power between Sharif, Khan and Qadri – all from Punjab, the most populous province – and a threat to the budding democratic institutions. Justices of the higher courts, including the Supreme Court of Pakistan, have called on the government and protestors to refrain from anything that would undermine constitutionalism and rule of law. Pro-democracy activists and civil society organisations, including bar councils and associations and journalist unions, also vow to protect democratic institutions and governance.
Khan and Qadri appear bent on upping the ante. They have reneged on commitments to the government to restrict their activities to areas allocated for their respective demonstrations outside the “Red Zone” that includes the legislature and Supreme Court, the prime minister’s official residence and secretariat and many embassies. To avoid violence, the government has allowed them to enter this sensitive area, but the crisis would escalate if Khan follows through on calls to his followers to seize the prime minister’s residence unless Nawaz Sharif immediately resigns. Despite a past record of his followers resorting to violence, including against law enforcement officials, Qadri insists his protest will remain peaceful. He has yet to moderate demands for an end to the entire political order.
Khan’s and Qadri’s refusals to moderate their demands and the increased potential for violence have brought the military in more directly. Even before the crisis escalated, the government had given it the responsibility, under article 245 of the constitution, to secure the capital. It is now in charge of protecting all important Red Zone buildings, including parliament. Prime Minister Sharif, his brother and Punjab Minister Shahbaz Sharif and Interior Minister Chaudhry Nisar Ali Khan have met with army chief General Raheel Sharif, apparently to seek army support or at least neutrality. Nisar has strongly rejected suspicions in some political quarters of a high-command role in fuelling the crisis, given its displeasure with the government’s decision to try former army chief and President Pervez Musharraf for treason and Khan’s and Qadri’s own ties with the defence establishment.
That said, with several platoons of troops and paramilitary forces now facing off against demonstrators in the Red Zone, the dangers of military intervention have multiplied. If Khan’s threat to storm the prime minister’s residence or Qadri’s to cordon the National Assembly are realised, there could be bloody confrontation or, as in past political crises, an indirect military intervention. In the high command’s first public response, the head of Inter-Services Public Relations, Major General Asim Bajwa, called on all “stakeholders” to demonstrate “patience, wisdom and sagacity” and “resolve the prevailing impasse through meaningful dialogue in the larger national interests and public interests”. There is in this an implied risk that past military interventions – including the removal of three elected governments in the 1990s – cannot be ignored: that the military might decisively enter the fray if it judges the politicians to be insufficiently wise.
If democracy is to survive and stability preserved, it is essential that political and military leaders:
While Qadri has few stakes in the system and little interest in sustaining it, Khan’s party, which had its best electoral results in 2013, must understand that disruption of the democratic order could deprive it of the chance of forming governments by legitimate means. It should in particular cease calls to attack public property, including the prime minister’s residence or parliament. The danger that infiltrators, including terrorists and violent extremists, could exploit the situation to attack elected representatives, security personnel, diplomats or even demonstrators to provoke violence, cannot be ruled out. The government should allow the demonstrations to continue – peaceful protest is a constitutional right – while ensuring that citizens, public property and embassies are protected.
Respect constitutionalism and protect democratic institutions:
The government, parliamentary opposition, demonstrators and the security apparatus must all respect the constitution and rule of law. Otherwise it would be next to impossible to resolve Pakistan’s security challenges, including militancy and terrorism that have claimed thousands of lives. The threat or use of force to advance political goals empowers spoilers and cuts the country’s moderate moorings. The abrogation of constitutions and closure of democratic avenues to address grievances and demands by successive dictatorial regimes fuelled political polarisation. The various components of the federation must not be led to believe that their interests and priorities could again be made hostage to extra-constitutional power deals.
Hold meaningful negotiations:
The government must continue its efforts to seek a negotiated settlement of the crisis with Khan and Qadri, but should not allow the military to dictate the outcome of the bargaining process or concede to any demand that undermines constitutionalism, democratic governance and the rule of law. If Khan and Qadri are to convince the public their actions are in the national interest, they must respond constructively to such overtures.