Commitment to dialogue

The upcoming Heart of Asia conference in Amritsar puts Pakistan in something of a bind. Ever since India’s renewed aggression in Kashmir and its decision to blame Pakistan for it, Indian Prime Minister Narendra Modi has pursued a policy to isolate us internationally. India pulled out of the Saarc conference in Islamabad and even got Afghanistan to boycott it so there is an obvious temptation to follow suit by not showing up in Amritsar next week. Instead, we have decided to take the higher road and even expressed a willingness to hold talks with India on the sidelines of the conference should it make the offer. By sending foreign affairs adviser Sartaj Aziz to Amritsar, Pakistan is making yet another effort to restart a dialogue despite Indian obstinacy. It would help if we had a permanent foreign minister so that we weren’t relying on ad-hoc officials but that still doesn’t excuse India’s intransigence. The international community should take note that there is only one country that is open to diplomacy right now, be it bilateral or multilateral. The ball is now in India’s court and with 40 nations expected to show up at the Heart of Asia conference, any response will show the entire region if the Modi government is prepared to deviate even slightly from its course of maximum confrontation.

We should not hold our breath for a positive reply. The centrepiece of the talks is expected to be regional connectivity and how Pakistan is supposedly a stumbling block to increased trade. India wants Pakistan to allow trucks carrying goods from Afghanistan through Pakistan to be allowed to enter India. But it does not plan on mentioning how the Afghan government has introduced a 50 percent increase in tax levied on cargo transporters from Pakistan crossing the Durand Line. Trade in the region is being affected by politics and the solution is not to blame anyone country but to discuss the underlying issue. India is not prepared to do that and prefers scapegoating Pakistan. The Indian media has even speculated that Amritsar was chosen as the venue of the Heart of Asia conference because of its proximity to the Wagah border so that India could use it to point out how Pakistan is stymieing trade. Afghan will obviously back up its Indian ally. Sartaj Aziz plans on reaching Amritsar by crossing the Wagah border which should provide a potent counter-image of how peace can only be achieved if political leaders on both sides are willing to take the first step. Pakistan should use its presence in Amritsar to make a larger case for peace and how that is a necessary precondition for every country to enjoy the spoils of trade. India should now follow Sartaj Aziz’s lead and demonstrate the same commitment to dialogue.

Justice delayed

Twenty-four years ago, Mazhar Farooq was arrested on the charge of murder.Last week, after spending 24 years in jail, Farooq was declared innocent by the honourable Supreme Court. Two days later, he was released. Farooq was amongst the lucky ones. He lost 24 years of his life, but was given justice before his life was taken. Others have not been so lucky. Earlier this month, the Supreme Court acquitted two brothers of a murder charge. Tragically, they had been executed a year ago. Over the past two years, questions have continued to be raised over the ability of Pakistan’s justice system to deliver justice. While the acquittals seem to suggest that the justice system is still working, long delays continue to clog the system. Farooq’s case only reinforces this point. An innocent man lost 24 years of his life languishing in the Kot Lakhpat Jail. The case ended up consuming all of the farmland he had owned before he was falsely convicted. Farooq was not poor, but by the time he left the confines of prison, he was a man changed – both materially and emotionally, no doubt.

The truly remarkable thing is that cases like Farooq’s do not shock us. Calls for judicial reform have barely come from outside official circles or international donors. In Farooq’s case, the SC noted that the pistol presented as evidence was not his. For 24 years, no one else in the system noted this simple detail. There is no doubt that there are hundreds of other cases like Farooq’s. In October this year, another man – Mazhar Hussain – was found innocent of a murder committed in jail. He had died in jail two years ago. One can probably compile a long list of such cases. Judicial reform in the country has been too slow – if at all. After NAP was formulated, focus returned to reforming the judicial system, but restarting executions has produced a more trigger-happy system. It seems that there is a belief that the higher the number of death penalties awarded, the more effective the judicial system will be perceived to be. It is only at the level of the SC where cases lingering in the system for decades have been struck down. Judicial reform, in the true sense of dispensing speedy but fair justice to people, is still a pipedream. Farooq has gotten justice but 24 years too late. The case should force both the government and the judiciary to jointly undertake a serious assessment of how to sort both delays and false convictions in the system. Only this can restore trust in Pakistan’s justice system.