The Nineteenth Amendment has once again become the subject of controversy, and its current focus concerns the provision in the Nineteenth Amendment that disqualifies the same person from being elected as President for more than two terms. The two-term limit is not an innovation of the Nineteenth Amendment. A provision imposing a term limit was in the Constitution as it was originally enacted in 1978 but it was repealed by the Eighteenth Amendment enacted during Mahinda Rajapaksa’s tenure as President. It was re-introduced by section 3 of the Nineteenth Amendment which inserted the following new paragraph as Article 31(2) of the Constitution: “No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People.” (emphasis added). This prohibition was reinforced by section 21 of the Nineteenth Amendment which added Article 92(c) of the Constitution which disqualified a person who “has been twice elected to the office of President by the People” from being elected to the office of President thereafter. This is identical to the paragraph that existed as Article 92 (c) of the 1978 Constitution before it was repealed by the Eighteenth Amendment.
It has been argued, nevertheless, by some, including Professor G.L. Peiris and ex-Chief Justice Sarath Silva, that these provisions do not disqualify Mahinda Rajapaksa from seeking a third term. Mahinda Rajapaksa has already served two terms as President but if this argument holds, then he would be eligible not only to run for a third term but also a fourth. It has been contended that according to the Constitution as amended by the Eighteenth Amendment there was no provision imposing a term limit, and as the Nineteenth Amendment does not expressly state that Article 31(2) is to apply retrospectively, it should not apply to Mahinda Rajapaksa, who, in ex CJ Sarath Silva’s rather infelicitous oxymoronic phrase, is ‘a previously elected incumbent in office’. (Sunday Observer 19 August 2018, Mahinda ineligible to contest 2019 prez poll – Jayampathy). Mahinda Rajapaksa is not currently holding office to be called an incumbent. Continue reading
“The current policies of the United States of America for South Asia can disrupt peace in the region” – President Mamnoon Hussain at the 70th Anniversary Conference of the PIIA.
Donald J Trump’s election to the White House demonstrates the extremely vulgar nature of American society. And it is difficult to disagree with the assessment that the American president really is a “deranged dotard”. Heaven knows, despite the tyrannical nature of his own country, North Korea’s insane “little rocket man” might even be making a valid point when he calls Trump’s sanity into question. Trump’s totally crazy brinkmanship with Pyongyang shows that he is willing to put the safety of billions of people at risk by his recklessness. But perhaps it is all just a charade to deliberately divert attention far away from emerging domestic problems connected to Robert Mueller’s investigation, the Sword of Damocles hanging over Trump and his cronies’ heads, about the Trump campaign’s collusion with the Kremlin to rig the election. Overall Trump is a sexist and a racist. He never tells the truth and serially dismisses all accusations of sexual misconduct/offending against him. Against American and British interests, he retweets from Britain First – a racist and neo-Nazi organisation.
His hatred of Muslims is so severe that he has even declared Jerusalem to be Israel’s capital. Clearly, he is deliberately destabilising the Middle East. Trump is a danger to the world and it is hard to disagree with the soft speaking figure of president Mamnoon Hussain that the present American administration is a threat to peace in South Asia (and indeed the rest of the world). The reckless and inflammatory rhetoric manifested by Trump can only bolster Hindus’ hatred for Muslims in India where killing Muslims for “love jihad” (or having a Hindu girlfriend or boyfriend) is seen as a force for good. In such testing times, The Pakistan Institute of International Affairs (PIIA) organised a regional conference which was held last month in Karachi. Esteemed speakers from all walks of life addressed the lively audience. Continue reading
Filed under Accountability, Climate Change, Cyber Warfare, Disarmament, Discussion, Human Rights, India, Islamophobia, Pakistan, Pakistan Horizon, Palestine, PIIA, Politics, Racism, UK, United States, Women
We fully agree with Amal de Chickera’s analysis that Suu Kyi ‘is a failed leader who has taken a calculated and cynical decision to stand with the oppressors’ in persecuting the Rohingya.
The minority Muslim population of Myanmar, i.e. the Rohingya who were made stateless by the dreaded Burma Citizenship Law 1982, can trace their history to the eighth century but are not recognised as one of the national races of Myanmar unless they can show “conclusive evidence” of their lineage or history of residence. Consequently, shunned by mainstream society, they are ineligible for any class of citizenship. Eric Fripp explains: “To be stateless in general terms is to be without attachment to a State as a national.” Since they are “resident foreigners”, or “illegal Bengali immigrants”, the Rohingya cannot hold public office, study or travel freely. Over the past three weeks, more than 400,000 Rohingya refugees have poured into Bangladesh to escape Rakhine State’s killing fields where the Buddhist majority has been indiscriminately attacking helpless civilians whose terrified faces tell us everything. The UN high commissioner for human rights, Zeid Ra’ad al-Hussein, has called these shocking events a “textbook example of ethnic cleansing”. Reports suggest that with Suu Kyi’s help, the Myanmar military uses schools to brainwash Buddhists to “hate Muslims”.
Satellite imagery obtained by Amnesty International shows widespread torching of hundreds of Rohingya villages and the application of scorched-earth tactics by the Myanmar military. The UN secretary general António Guterres has described the situation as a “humanitarian catastrophe” and is demanding “an effective action plan” to ease the suffering of Rohingya refugees. Guterres is calling for an immediate end to the “tragedy”. But the Myanmar authorities are mining the border to prevent the Rohingya from returning home or even escaping to Bangladesh in the first place. Notably, Guterres used his opening speech during the recent UN general assembly session to highlight the plight of the Rohingya. Continue reading
Filed under Accountability, Brexit, Discussion, Ethnic cleansing, Human Rights, India, Islam, Islamophobia, Karachi, Myanmar, NLD, Pakistan, Pakistan Horizon, PIIA, Politics, Refugees, Rohingya, Statelessness, Syria
Hopefully these proceedings will set a robust process into motion and annihilate Pakistan’s corrupt dynastic politics for good …
Skeletons in the closet have led to the premature demise of Nawaz Sharif’s government yet again and his third premiership has ended in disgrace. But is history repeating itself? The question is especially interesting given that it was “strike three” for Nawaz Sharif. On the third and final occasion, dismissal from the solemn office of prime minister carries the further indignity of disqualification for life. Of course, questions also arise about the exact motivations of the judiciary in disqualifying a democratically elected leader, one who was close to setting a benchmark by becoming the first ever prime minister to complete a full five-year term during Pakistan’s seventy-year history. The ball must get rolling somewhere and the Supreme Court set a powerful precedent for a zero-tolerance approach to the use of deception in politics. However, it remains to be seen whether the high standard adopted by the Supreme Court will be applied across the entire spectrum of Pakistan’s dirty politics which is in dire need of cleansing.
It was an uphill struggle for Nawaz Sharif because he was practising deception in proceedings regulated by the very Supreme Court his PML-N party ransacked in 1997 when photographs of Muhammad Ali Jinnah were desecrated. One problem for the court is that it has many skeletons in its own closet because it has habitually upheld brutal dictatorships applying a perverse “doctrine of necessity”. Rightly or wrongly, the former three-time prime minister has become the second world leader to become the casualty of the Panama Papers, but at least Iceland’s former prime minister Sigmundur Davíð Gunnlaugsson had the dignity to resign promptly. Last year’s disclosures led to the pronouncement of the Panama Papers judgment which established the Joint Investigation Team. Memorably, Khosa J drew unflattering parallels with The Godfather and mocked Nawaz Sharif by recalling the maxim that “behind every great fortune there is a crime”. Continue reading
Filed under Accountability, Constitution 1973, Corruption, Courts, CPEC, Discussion, Human Rights, Mossack Fonseca, Pakistan Horizon, Panama Papers, PIIA, Politics