Asslamulaikum,

Pakistan is facing a storm of growing political and economic problems which has brought the country at the verge of disaster. A common Pakistani finds that even his basic needs, viz food, shelter and security are not fulfilled. The stock markets are tumbling as is the stock of the country. With depleted foreign exchange reserves and no one willing to invest in an unsafe, lawless place, Pakistan may soon become like a sub-Saharan Africa. Has the prevalent state of lawlessness and political instability led us to this stage?



Since November 3 2007, restoration of judges has come to symbolize restoration of the rule of law in the country. Sudden deterioration of economic circumstances has further complicated the crisis. Many leaders in the present Pakistan government have expressed the view that people want food and shelter and that it is unrelated to the rule of law as symbolized by restoration of judiciary. Would restoration of the rule of law alleviate these problems? Will it ensure provision of food, shelter and security? Are they right in implying that the rule of law has no relation to food security or is it that they are simply hoodwinking the people?



Let us start by defining our two basic parameters. Rule of law means that no individual, official or private citizen, no matter how high, stands above law. In a democratic society, law expresses the will of the people defined through the constitution, which provides the framework of the social contract between the state and its citizens. Since justice is best achieved when the laws are established by the people who must obey them, in a democracy this is achieved by enactment of laws by the representatives of the people. Food insecurity is a condition under which people lack basic food intake to provide them with the energy and nutrients for fully productive lives. This could be related to lack of enough food due to poor generation, lack of provision or inability to purchase food that is available. We contend that rule of law has a direct bearing on all three.



Under the rule of law, a strong, judiciary has the power, authority and resources to hold every one including the government officials, even top leaders, accountable to the nation's laws and regulations. An executive willing to execute the will of people expressed through the representatives and authorized by the judiciary makes the triangle complete. How would such a system ensure food, shelter and security for the citizens? In Pakistan where power, wealth and influence has defined law and its execution, it is not very difficult to see how proper rule of law as defined above will make sure that a citizen gets what he deserves.



It only makes common sense that proper execution of the law of the land with no regard to power, wealth and influence will bring security and peace. This creates the environment in which traders and workers thrive to provide all the amenities; food, shelter, health and education. Peace and harmony assures every one that he or she is able to undertake all lawful activities to make a living safely. In an insecure environment it is difficult to survive and even save one’s life. Think of FATA or a chaos raven Karachi in early1990s. How many people feel comfortable in going out to earn their living under such circumstances? How many businesses feel safe to open? How many officials bother to serve the public? But then this is just the beginning of the argument for how rule of law ensures food security.



In developed civilizations and societies, rule of law in practice is not limited to a strong and independent judiciary and a willing executive. The very concept embodies a state of mind, individual and collective, where the mere presence of this concept binds the society and its members in acting in such a manner that the sum of all actions is not only, not detrimental to each other, but positively promotes economic and social welfare. The property rights are respected and contracts are enforced, making sure that businesses thrive creating more jobs and investment. In other words courts and police are not the busiest people. Entrepreneurs, businessmen, scientist, educationists and professionals are. And there are politicians who can be held accountable.



Let us now turn our attention to Pakistan. The military dictatorship of President Musharaf, who was at one time hailed as the deliverer of and the hope for the establishment of a fair, modern , progressive and economically prosperous state, has resulted in the present dismal state of the country. Why? Because the law makers, justice dispensers and law enforcers were neither independent nor free. NAB (National Accountability Bureau) was busy pardoning looters of national wealth right, left and centre. Deals were being struck in return for puny amounts of money. The government was busy making policies that served vested interests of the elites. It is this criminal complicity of the government with the elites of Pakistan that created the circumstances in which ordinary Pakistanis now have to suffer the shortages and high prices. The fact is that it is the Musharaf government that is the real culprit.



But why could the government do its will without any regard for its citizens. Because there was no fear of any checks by the judiciary and law enforcers. In other words, there was no proper rule of law. This steady erosion of rule of law with state warranted protection of law breakers has led to institutional breakdown. This in turn has given free rein to smugglers, hoarders and looters of all kind. Institutional decay has reached the point where there is no formulation and implementation of proper policies with well defined short term and long term goals. This lack of good policies and existence of destructive government policies makes sure that people still go to sleep on empty stomachs.



The control of agriculture by government has left it damaged and unprofitable. Food marketing boards, protectionist trade barriers, price controls and restrictions on free movement have all made farmers poorer, reduced crop yields and hurt consumers. These barriers prevent farmers from selling their produce for a profit – eventually leaving both consumers and farmers hungry. What is the result? Widening inequality, increasing corruption, poverty, hunger, and unemployment. And how could this happen? Since there was complete lack of accountability. Even the so called elected representatives were sure that they had the backing of an executive all too willing to break or ignore rule of law. And executive in turn could do it due to a compliant judiciary. Therefore, for once when Honorable Chief Justice Iftikhar Muhammad Chaudhry stood up to the executive, it was all too obvious to the people of Pakistan what could this act of defiance achieve for them. This is why they responded in millions to the demand for the restoration of the judiciary.



Food insecurity has always been a relative problem for Pakistan. It is well established that scarcity of food is a potential source of conflicts and incidence of socio-economic and political instability. This means that we can easily get caught in a positive feed back cycle, where lack of rule of law and food scarcity reinforce each other; increasing in each repeat cycle, leading to complete anarchy and chaos. And all this for what? Because no one in the authority can see a basic straightforward relationship between rule of law and food security. Or may be they see it but don’t want to admit the close nexus among food insecurity, poverty and disease. So food is not only an agricultural and a trade commodity but is also a political and public health issue. And all public issues are directly relevant to rule of law.



The biggest shame however is that at this moment in history, when grain prices have soared, it should have been the boom and boon for Pakistan. Instead of being the breadbasket for an increasing world population we are having to import food. The poor farmers are unable to take advantage of booming food market. The price of flour has more than doubled, transportation is fast becoming unaffordable and the middle class is vanishing fast with more and more people living below the poverty line. It is predicted that if the same trend persists then a time will come when there will be only two extreme classes of people, poor and rich. No doubt that will lead to increasing lawlessness and insecurity. Simply upholding property rights and enabling people to operate businesses in order to sell goods and services would significantly reduce hunger. These policies may seem unrelated to food but they are intimately related to the freedom that farmers and traders need to produce food, earn a living and create jobs.



Let us not forget another example of lack of rule of law which has contributed to this misery. The wheat harvest was 22 million tones in 2007. Despite the advice to the contrary the former Prime Minister sanctioned the export of wheat. Later on, the Government was forced to re import 1.7 million tons of wheat from the international market at double the price. This was a criminal act. Could that have happened in a country where rule of law prevails? It was precisely because Mr. Aziz was sure that he would not be held accountable in any court of law and was certain of his safety and freedom that he did not care much about his decision. In the mean time, wheat was traded in the black market at rates beyond most people’s purchasing power. Hoarding by profiteers who anticipated the gains of rising prices and smuggling across the borders to India and Afghanistan, exacerbated the shortage. This smuggling and withholding continued with the support of government officials. The reason? Because no one fears the law and or has any concern that they may be punished.



What does a common man want? An opportunity to provide food and shelter for his family and to educate his children (not a priority of poor). With rule of law in tatters, the common man has no surety about his life, his job and his future. There is lack of resources and opportunities. Non-delivery of justice and lack of enforcement of law has forced the investor to flee. Even Pakistanis are sending their money abroad. So how are we going to generate business and employment. But even the basic laws are not being adhered to. And access to justice is so difficult that it is as if it is not available. Result? Hunger and poverty leading to frustration and anger. Consequence? Higher rate of law breaking incidences resulting in further socio-economic loss to the society and individuals.



Let us now look at the other side of this picture. Food generation or production of grain. In Pakistan the production of wheat per hectare is in the low ranges. With proper policies this could be doubled with excesses that could be sold off in the international market to earn substantial foreign exchange. But why is it low? There are several reasons. Lack of Land reforms; poor implementation of the reforms undertaken (whither rule of law); serfdom and virtual slavery; no property rights; no or minimal share from the earning for the farmers and lack of adequate food, water, health and education facilities. Can any one of these happen in a country where law prevailed and justice was administered swiftly and fairly. Even the basic land reforms properly implemented will increase generation of grain significantly. And experience tells us that to implement these policies one needs independent judiciary and a willing executive. Hence the rule of law provides the basis on which proper policies can be implemented.



As Muslims it is crucial to remember that justice and rule of law are our basic human, moral and religious duty as well as our fundamental right. Ayah 135 of Surah An_Nisa says, “You who believe! Standout firmly for justice, as witness to Allah, even as against yourselves or your parents, or your kin, and whether it be (against) rich and poor: for Allah can best protect both. Follow not the lust of (your hearts) lest you swerve, and if you distort (justice), verily Allah is well acquainted with all that you do.” Rule of law is the basic prerequisite to run a state and to manage all the areas smoothly. Principles like “might is right” and a “rule of jungle” prevail in a state where there is no rule of law. It is essential that every citizen of the state must be treated equally and able to avail the equal opportunities. The basic rights guaranteed in the constitution must be delivered.



Now that we have clearly established a direct and immediate relation of rule of law with food security, what are we to do? For the sake of having a strong institution and a system and order that delivers for the ordinary citizens, it is the responsibility of our elected representatives to take steps that lead to the effective implementation of rule of law. Only then ‘roti, kapra or makan’ will be secured for everyone. A start would be restoration of Judiciary to pre-November 3, 2007, status. But let us not leave it to the representatives. Let us all contribute in whatever way we can.

Regards.