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 A provision imposing a term limit was in the Constitution as it was originally enacted in 1978 but it was repealed by the Eighteenth Amendment enacted during Mahinda Rajapaksa’s tenure as President.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 This is identical to the paragraph that existed as Article 92 (c) of the 1978 Constitution before it was repealed by the Eighteenth Amendment.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
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
Filed under Afghanistan, Balochistan, China, Corruption, CPEC, Discussion, Events, Human Rights, India, Pakistan Horizon, PIIA, Politics, Trade, United States
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
Kharazi says Tehran is ready to mediate between Islamabad and New Delhi on Kashmir dispute. Clearly, Iran is competing with its western adversaries for a peacemaking role in the Indo-Pak region.
Chabahar project not in competition with CPEC: Iran’s ex-foreign minister. Kamal Kharazi, Iran’s former foreign minister (1997-2005), has said the perception in Pakistan that Iran’s Chabahar port, including subsequent development of roads and railways networks for enhancing the country’s trade, is a ‘rival project’ of the China-Pakistan Economic Corridor (CPEC), is not correct. He was addressing a roundtable discussion with members, journalists, former and current diplomats and research students at The Pakistan Institute of International Affairs on Friday. Numerous foreign policy issues relating to Iran and Pakistan relations and their impact on the wider region were discussed. Speaking on the occasion, Mr Kharazi was of the opinion that though it was true that India had massively invested in the Chabahar project, it was an open platform for all regional countries to participate in.
“The Chabahar project is aimed at connecting Iran with Central Asia, and the ultimate goal is to uplift the Iranian economy,” he said, adding that the project was under deliberations for a long time, hence, it was not correct to link its launch with that of the CPEC. “While we are engaging with India on the economic front and India is investing in Chabahar, we have not given exclusive rights on the project to them,” he said, adding that Iran “was considerate of the situation of Muslims in India and in the region” while making economic partnerships. “We have urged India a number of times to resolve the Kashmir dispute in a peaceful and justly manner,” he said. “We are even ready to mediate between Pakistan and India on the 70-year-old dispute, but we haven’t got a positive response from India on it ever,” he said. “But if we talk about economic partnerships, then Pakistan also has relations with the United States which has put a number of sanctions on us, but [Iran] doesn’t mind it,” he said. Continue reading
Trump is actually a new face, not a new factor on US outlook on Pakistan
From Dawn by Peerzada Salman. Two eminent speakers on Thursday shed light on the current state of Pak-US relations at The Pakistan Institute of International Affairs (PIIA). The first speaker was Najmuddin Sheikh, former foreign secretary of Pakistan. He started his talk by mentioning a few myths that prevailed. He said there was the myth that Pakistan and the United States had mutual interests. It had never been the case. The ties were of a transactional nature from the beginning and the commonalities were contrived. We did not have a common aversion to the Soviet Union. During the Afghan jihad we were genuinely concerned about the Soviet Union consolidating its position in Afghanistan, the old idea that it was looking for warm waters, but the Americans had a different idea; they said they would do to the Soviet Union what it did to them in Vietnam. The only commonality was the war against terror.
Mr Sheikh then pointed out the errors that the US committed. He said: “Why did the US allow Osama bin Laden get shifted from Sudan to Afghanistan?” He [Osama] travelled by a C130 from Sudan to Afghanistan. In Sudan he was a relatively unknown figure whereas in Afghanistan he was a hero of the Afghan jihad. Two years later an American general sitting in the office of our chief of army staff said they were firing missiles across our air space but they were not meant for us; they were trying to hit a camp in Afghanistan where they believed Osama bin Laden was. Mr Sheikh said the current situation was that President Trump’s New Year tweet generated a lot of speculation and he [Sheikh] thought there was a more rational explanation for it. Continue reading
Despite a furious response from the Pakistani media, the foreign office and ISPR have responded sensibly to the situation.
Trump is a total racist who thinks that black people from “shithole countries” such as poor Haiti are unworthy of the superior status he bestows upon white people from Norway. But of course he went on to quickly deny he said that at all. Michael Wolff’s book Fire and Fury confirms that Trump is an infantile person and his administration knows that he is an 11 year old. Psychoanalytic studies suggest that human beings always need an external object to put all the blames on him for their own misdeeds. We create an external enemy of ‘flesh and blood’ that can be fought and can be avenged. In other words, we imagine that our failures are not because of our own misdeeds but because of some other external forces. Such use of imagination helps us to come out of our inner sorrow by blaming some external enemy who is falsely thought to be the reason for our own failures. After all, states are run by human beings not stones. Indeed, states are often in ‘denial’ about accepting reality and the US is no different in that resect.
A recent tweet by Donald Trump blamed Pakistan and argued that ‘The United States has foolishly given Pakistan more than 33 billion dollars in aid over the last 15 years, and they have given us nothing but lies & deceit, thinking of our leaders as fools. They give safe haven to the terrorists we hunt in Afghanistan, with little help. No more!’ Mounting tensions have led Pakistan to react by halting intelligence sharing with the US after losing American military aid. Instead, Islamabad will turn to its ‘time tested friend’ and ‘reliable ally’ Beijing. In October 2017, the same Trump was found praising Pakistan for its cooperation in rescuing a North-American family from the Taliban. However, now, Trump has accused Pakistan of giving safe haven to the terrorists that Americans hunt in Afghanistan. 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