Category Archives: Pakistan Horizon

Sacking of PM is Unconstitutional

The country, until two days ago, had a Prime Minister in office who commanded the confidence of parliament, which he had demonstrated not long ago by having a no confidence brought against him defeated in parliament.

President Sirisena’s sacking of Prime Minister Ranil Wickremesinghe and the appointment of Mahinda Rajapaksa in his place has been described by some as a ‘constitutional coup’. The phrase ‘constitutional coup’ is a contradiction in terms, or ‘an oxymoron’, because it would imply that although President Sirisena’s actions amounted to a coup, his actions are sanctioned by the constitution. There is no constitutional basis for the President to have removed the Prime Minister. At the press conference held on 27 October 2018, as reported in Adaderana (GL explains how PM was removed and why Parliament was prorogued) Dr G.L. Peiris, the chairperson of the SLPP, attempted to justify the legality of President Sirisena’s actions, putting forward two points in support. They are (i) the cabinet of ministers stood dissolved by the very fact of exceeding the numerical limit prescribed in Article 46(1), and (ii) the President as the appointing authority has also the power to dismiss him. In fact, the phrase used by Peiris is ‘compulsory removal’. What Dr Peiris sought to do was to provide an ex post facto rationale for the President’s action but the reasons he put forward for the removal cannot be reconciled with those given by the President. Nor are they reflected in the position taken by the President in his gazette notification.  

The gazette notification announcing the President’s decision stated that “the President in the exercise of powers conferred upon him under the Constitution …, has removed Hon. Ranil Wickremesinghe … with immediate effect.” (see The Gazette Extraordinary no. 2094/43 dated Friday 26 October 2018). There is no reference in this gazette to the specific provision or provisions of the constitution under which the President purported to act when removing the Prime Minister from office. If, as Dr Peiris says, the cabinet of ministers ceased to hold office and the Prime Minister had gone out with the cabinet, then there was no need for the President to have “removed” the Prime Minister from office, and to have done so with immediate effect. The President has not stated that the appointment of Mahinda Rajapaksa became necessary because the office of the Prime Minister which was occupied by Ranil Wickremesinghe had fallen vacant. Continue reading

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Filed under Discussion, Dr Reeza Hameed, Legislation, Pakistan Horizon, Politics, Sri Lanka

On Brazil’s Choice of Extreme Right

The success of Brazilian populist leader Bolsonaro is termed as a classic case of ‘protest vote’ by the disillusioned middle classes with the leader ‘playing grievance politics’ … 

Brazil’s evangelical Christians have emerged as an increasingly powerful political force, as confirmed in the highly polarised presidential and congressional elections held on 28 October. Jair Bolsonaro, a far-right member of the Social Liberal Party (PSL) and former army captain, is Brazil’s next president, with 55.7 percent of votes. Fernando Haddad, Bolsonaro’s closest opponent and the large leftist Workers’ Party’s (PT) replacement for Luiz Inacio ‘Lula’ da Silva, failed to secure majority. Although Haddad promised to restore the economy to its former state of health under Lula’s presidency from 2003 to 2010, most of the Brazilians have little faith left in the country’s political class after numerous high-level corruption scandals surfaced since 2014 as part of the Lava Jato, or Car Wash, anti-graft probe and other interlocking investigations, which also involved Lula who is now serving 12 years in jail and was barred from running in this election.

While Bolsonaro’s victory has been referred to as a political earthquake, a disaster for the Amazon and global climate change and a blow to antifascist activists, the Brazilians have clearly made their choice for the extreme right. Significantly, about 147 million Brazilians headed to polls against a backdrop of widespread dissatisfaction prompted by a stuttering economy, worsening violent crime rates and several recent high-profile corruption scandals. While it is South America’s largest economy, a regional powerhouse and is part of the so-called five-member ‘BRICS’ group of major emerging economies alongside Russia, India, China and South Africa, Brazil is nevertheless battling several threatening challenges amidst increased unrest and widening polarisation among the country’s citizens. Beginning in mid-2014, a more than two-year deep recession rocked the country and stagnated growth. Continue reading

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Filed under Accountability, Brazil, Corruption, Discussion, Economy, Human Rights, Immigration, Pakistan Horizon, Police, United States

A Silent Witness to Rohingya ‘Genocide’

There has been clear and ample evidence of the grave atrocities committed against the Muslim Rohingya by Myanmar military forces.

On 2 October 2018, Aung San Suu Kyi, Myanmar’s civilian leader, became the first person to have her honorary Canadian citizenship revoked. Although Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991 for her fight for democracy in Myanmar, she has failed to be a champion of change and human rights after the horrors of Rohingya genocide surfaced. According to a United Nations fact-finding mission, Myanmar’s military has systematically killed thousands of Rohingya civilians, burned hundreds of their villages, and engaged in ethnic cleansing and mass gang rape while the Myanmar’s leader has allegedly denied the atrocities, restricted access to international investigators and journalists, defended the military and denied humanitarian aid for the Rohingya. While Canada sends a powerful message against the violators of human rights, would anyone come to the rescue of one million Rohingya Muslims of Myanmar, described as the ‘world’s most persecuted minority’?

Myanmar, formerly known as Burma, has a population of around 51 million people which consists of more than 135 ethnic groups. One group, the Muslim Rohingya with a population of 1.1 million living mainly in Rakhine State in the north of the country, are not recognised as an ethnic nationality of Myanmar and suffer from arguably the worst discrimination and human rights abuses of all. As noted before, the Rohingya are stateless and they have been denied citizenship in Myanmar since 1982, which has effectively rendered them stateless and while most of them still live in extremely poor conditions in Rakhine, hundreds of thousands of Rohingya have fled to neighbouring Bangladesh as well as Malaysia, Thailand and other Southeast Asian countries, over the course of many decades. Myanmar’s government does not consider the Rohingya its nationals and claim that they are Bengali labourers who immigrated to Myanmar during the more than 100 years of British rule (1824-1948), from today’s India and Bangladesh. Continue reading

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Filed under Criminal Justice, Criminal law, Discussion, Ethnic cleansing, Genocide, Human Rights, Islam, Islamophobia, Myanmar, Pakistan Horizon, Rohingya, Statelessness

Mahinda Rajapaksa and the Term Limit

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

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Filed under Accountability, Discussion, Dr Reeza Hameed, Human Rights, Pakistan Horizon, Sri Lanka

Bakhtawar Atta: Structural Adjustment Programmes: A Blessing or a Curse?

“Pakistan is still in the clutches of World Bank, IMF”: a claim recently made by a prominent politician and member of the National Assembly, Shah Mehmood Qureshi, urges us to reflect on the ties between powerful financial institutions and unstable countries such as Pakistan. The word ‘clutches’ forces us to dramatically picture such ties as shackles of oppression from which underdeveloped countries have been attempting to break free. Since the formation of IMF and World Bank in 1944, their involvement has been heavily present in the Third World. On paper, their participation seems like a glorious blessing paving way for efficient global progress. However, after inspecting further we can view the birth of such institutions as a strategic move by former colonial powers to maintain their hegemony. Such strategies are a disguise by various measures, one of them being the use of Structural Adjustment Programs (SAPs). SAPs have long prevailed as a rescuing mechanism by international financial institutions such as the IMF or the World Bank, posing as caped heroes who implement specific economic policies in return for providing aid to developing countries. 

However, their continuous attempts to save the financial problems can be inspected with a critical eye. SAPs have expanded to several developing and underdeveloped areas such as Latin America, Africa and South Asia. Restructuring the economic framework is vital for the successful progress of any country but problems arise when such restructuring gives precedence to benefitting the West over the main victims in need for development. An initiative taken by the Bretton Woods institutions, namely, the IMF and World Bank, SAPs were developed in the 1980s as conditions and loans for developing countries. To tackle the influx of debt in 1970s due to boycotts and decreased consumptions from the West by the Third World unison, a restructuring of development and governance evolved after the IMF and World Bank inspections. Continue reading

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Filed under Debt, Discussion, Economy, IMF, Pakistan, Pakistan Horizon, World Bank

Converting CPEC into Pakistan-Central Asia Economic Corridor

We have to give up our India-centric policies and our slave mentality.

Pakistan is on a knife-edge with the upcoming general election on 25 July 2018. With Nawaz Sharif firmly behind bars, civil society organisations are predicting rigging in the election by the armed forces and there is a consensus in the country that the army is mass manipulating electoral politics in favour of its cronies. The economic problem arising out of the present political situation is that Pakistan is seriously in the doldrums owing to its debt to its international creditors. The country is facing a sovereign debt crisis and reliance on Chinese money is very high indeed. As reported recently in the Financial Times, Islamabad is headed for a foreign currency crisis but is keen to avoid yet another IMF bailout. So it is appealing to Beijing for more lending. In the year ending June 2018 Pakistan borrowed $4 billion from China and is facing problems with the devaluation of the rupee, the strategy used by the State Bank of Pakistan (SBP) to keep the economy afloat. At the start of June 2018, the SBP only had $10 billion in foreign currency reserves in comparison to $16.1 billion just a year earlier.

The problem does not stop there because $12.7 billion in external payments are due in comparison to £7.7 billion last year. The country will need to raise $28 billion this financial year to repay its debt obligations. Therefore, in such an environment, it is hardly surprising that Kaiser Bengali thinks that “we have to play our cards right in case of the China-Pakistan Economic Corridor (CPEC). The opening up of China has enhanced travel but not trade.” He recently made these remarks while addressing members of the prestigious Pakistan Institute of International Affairs (PIIA) and the media. Speaking on the subject, ‘Changing geo-politics and challenges for Pakistan’, he said: “My fear is that we will not be playing our cards right because of the slave mentality that our bureaucrats and planners have.” Elucidating further he said: “We are always looking to a bigger power to protect us against military adventurism.” In this context, he recalled that back in the 1950, we joined the US-sponsored defence pacts, the Cento and Seato, as a guarantee to be protected during times of aggression. Continue reading

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Filed under Afghanistan, Balochistan, China, Corruption, CPEC, Discussion, Events, Human Rights, India, Pakistan Horizon, PIIA, Politics, Trade, United States

The President is Powerless to Remove the Prime Minister in Sri Lanka

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

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