Our comrade Dr Reeza Hameed explains that ‘The changes brought about by the Nineteenth Amendment are designed to free Parliament and the Prime Minister from subservience to the President. The President no longer has the power to remove the Prime Minister.’
Some commentators have persistently advanced the proposition that, notwithstanding the Nineteenth Amendment to the Constitution of Sri Lanka, the President’s power to remove the Prime Minister is intact. It is a view that relies on a literal reading of the Sinhala text of Article 48(1) in which the phrase “removal from office” appears. I have, in my previous intervention on this subject, analysed the provisions of the Constitution as amended by the Nineteenth Amendment and expressed the view that the President no longer has this power. That interpretation has been questioned on the basis that the words “removal from office” appear in the Sinhala text of Article 48(1); and because the Sinhala text should prevail in the event of an inconsistency, it must follow that the President may remove the Prime Minister. I disagree with this conclusion for the reasons I have given below. The tenure of Prime Minister’s office pre-Nineteenth Amendment is as follows.
The Constitution as enacted in 1978, (which I shall hereafter refer to as ‘the Principal Enactment’), in Article 47, provided for the tenure of the office of the Prime Minister. It stated that he “shall continue to hold office throughout the period during which the Cabinet of Minister continues to function under the provisions of the Constitution unless he (1) is removed by the President, (2) resigns his office, or (3) ceases to be a Member of Parliament.” The Prime Minister shall continue to remain in his office unless and until any one of the three events mentioned above occured, whereupon he would cease to hold office. This provision was repealed by the Nineteenth Amendment which was enacted in May 2015. 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
This year, The Pakistan Institute of International Affairs, which is the oldest think tank in Pakistan, is celebrating 70 years of its founding. It was established as an independent, non-political, not for profit association in 1947, devoted to study and research in international relations, economics and jurisprudence. To mark its 70th anniversary, the Institute is holding a regional conference on Peace in South Asia: Opportunities and Challenges on 15 and 16 November 2017. Scholars from leading think tanks, academia and diplomats in the region are being invited to participate in this conference. South Asia, comprising Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka and Afghanistan is the most densely populated region of the world. Its population of 1.8 billion comprises one-fourth of the global population and almost 40 per cent of the population of Asia.
Two of the world’s nuclear powers, Pakistan and India, are located in South Asia and military expenditure in the region has been rising. It is threatened with insecurity because of long-standing inter-state disputes, terrorism, the presence of non-state actors, problems of water sharing, climate change, environmental degradation, the movement of refugees and illegal arms, people and drug trafficking. It has low social indicators and a large percentage of its population lives below the poverty line. On the other hand, South Asia is rich in explored and unexplored natural resources. Also rich in diversity, it is home to numerous religions and a multitude of languages and cultures. It hosts four of the world’s megacities: Delhi, Dhaka, Karachi and Mumbai. The youth bulge in its population can prove to be one of its largest assets for development. Continue reading
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
Politics in Pakistan is marked not simply by its religion, but rather its fragmented identity and a strong military, which has grown out of Pakistan’s need to secure itself.
Seventy years later we are still struggling to answer the question, who is Pakistan? In a sense, Pakistan is a paradox, cut between its religious identity and its need to formulate a state. Unlike India, it did not declare itself as a secular democracy but at the same time, it also failed to define its religious identity. Nationalism and Islam have often found themselves in opposition in the Pakistani state, creating a grave identity crisis. Even Jinnah was ambivalent about the role Islam should play in defining Pakistan’s identity; sometimes he claimed Pakistan should be based on the ‘principles of Islam,’ while on another occasion he portrayed Pakistan to be a secular state, ‘you are free; you are free to go to your temples, you are free to go to your mosques or to any other place of worship in this state of Pakistan.’ This meant that from its very existence Pakistan faced an ‘ontological insecurity’ being unable to create a stable identity for itself. This conflicted identity and highlighted insecurity then impregnated Pakistani politics to define its domestic and foreign policies.
While Islam has not been the driver of shaping politics in Pakistan, those in power have alluded to religion in order to wield their political interests. In part, it was believed religion would override all cultural differences in Pakistan. However, it became very apparent that the limited notion of Islam would come into conflict with the other forms of identity people attached themselves with. If Pakistan was to distinguish itself as a democratic state, it would diminish the role Islam would play as an organising factor to mobilise political action. While there was no definitive made as to what Islam’s role would be, the political representation of cultural identities was suppressed. Therein lay the roots of Pakistan’s problems; its failure to accommodate ethnic diversity and provisional autonomy, which has led to a mobilisation of ethnic nationalism. Continue reading
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
No crisis today remains regional. There is no such thing as isolated or insulated regions … watch video
The fragmentation of the Middle East into a collection of interest groups has become a defining feature of the region’s political economy. “Palestine is essentially an Arab country, and must remain so,” was the uncompromising response given by Pandit Jawaharlal Nehru in 1947 to requests made by Albert Einstein, at the behest of Zionist leaders, to support the creation of the state of Israel. Seven decades later the atmosphere is rather different and Modi has comprehensively cemented ties with Israel by becoming the first Indian prime minister to make an official visit to Israel, a premier supplier of arms and military technology to New Delhi. The passage of seventy years has resulted in the rise of new power brokers such as the Saudis who are accused of being the primary supporters of state sponsored terrorism in an official report, the publication of which is deliberately being withheld by the British government as it does not want to damage booming arms sales to Riyadh: bombs used to kill innocent civilians in Yemen. All this squares up poorly with Trump’s claim that Iran is the foremost pariah state.
The ongoing ostracism of Qatar shows that the Saudis want to call the shots on everything on their terms. In a session chaired by Dr Masuma Hasan, Javed Jabbar gave an insightful talk on the mechanics underpinning Iran, Qatar, Saudi Arabia’s relations with the US. The event was widely reported in the media and extracts of the reportage are available below. Jabbar bemoaned Saudi hegemony and recalled that the 13 sweeping demands that Saudi Arabia had made of Qatar sounded frightfully similar to a power point presentation conjured up by global management consulting firm McKinsey & Company – a favourite of King Salman bin Abdulaziz. According to Jabbar, one cannot ignore the fact that only six years ago, Saudi Arabia and Qatar jointly invested in an Israeli company called IDA Holdings. Continue reading
Filed under Discussion, Events, Human Rights, India, Iran, Israel, Pakistan, Palestine, The Middle East, Trump, UK, United States