|
For
nearly eight years, General Pervez Musharraf's courtiers have run
an expensive, self-serving campaign against politics and politicians.
The central message of the campaign has been that public representatives
are irredeemably corrupt and incompetent. Riding the message has
been the argument that Pakistan's economic future can only be secured
by postponing the arrival of full-fledged democracy, which by its
very nature is 'disruptive.'
The
ruling junta came up with its ideal governing combination: a group
of US-leaning technocrats, including Shaukat Aziz, a former Citibank
employee, together with self-serving politicians in an army-run,
iron-fisted system.
The
results have been an unmitigated disaster. After eight years of
unbridled rule, General Pervez Musharraf's political command has
delivered a Pakistan where troops are deployed to secure internal
peace, and whose external borders are increasingly threatened by
none other than the United States.
With
growing and widespread terrorism, the economy looks to be barely
stable, and more and more investors are asking pointed questions
about the future.
Thus
hoisted with his own political petard, and faced with a collapsing
system, General Musharraf now has to eat all the words he had so
forcefully spoken against his favourite punching bags: Benazir Bhutto
and Nawaz Sharif.
The
strongest evidence of the failure of his strategy to run Pakistan
came on July 27. This was the day when hundreds battled against
the police and temporarily took over the hastily reopened Lal Masjid
to protest the killings at the place two weeks ago. Nearby, a suicide
bomber attacked policemen at a hotel and killed 18, including civilians.
In Balochistan, the banned Balochistan Liberation Army assassinated
provincial government spokesman, Raziq Bugti.
But away from this mayhem, General Musharraf sat in the UAE sorting
out, with the help of British and local interlocutors, the final
details of his political arrangement with Benazir Bhutto. While
the details of the arrangement are still murky and wrapped in mystery,
the bottom line is quite clear.
According
to a highly-placed source who facilitated these contacts, the two-part
understanding is meant to get General Musharraf elected as president
for another five years in return for a string of gradual concessions
made to Ms Bhutto. These concessions include getting her cleared
of all corruption charges and swift acquittals in such cases that
would have disqualified her from contesting the coming elections.
These
concessions also include removing the legal hurdles from her path
to become prime minister for a third time, something that is, at
present, barred under the so-called Qualification to Hold Public
Offices Order 2002. General Musharraf had issued this order as the
country's chief executive to mark his resolve to "never allow
corrupt politicians to ruin the country again."
The larger arrangement, says the source, centres on the possibility
of getting Benazir Bhutto's party and the ruling Pakistan Muslim
League to jointly govern the country, after having fought the elections
as competitors.
"These talks were not about any election alliance, but looked
in a detailed fashion at the possibility of the two parties forming
coalition governments at the federal and provincial levels,"
says the source.
Diplomatic
sources from countries that are guarantors of the deal - the US,
Britain, the UAE and Saudi Arabia - say that there is a full package
to revive the parliament's powers and restore the supremacy of the
office of the prime minister. "To make the future system effective
and the civilian rule meaningful, certain clauses of the constitution
will have to be amended (Article 58-2 (b)) and I think the general
understands the importance of such a step," says a diplomat.
For
the Pakistan Peoples Party (PPP), which is at present embarassed
by accusations that it has cut a deal with a military ruler, the
arrangement entails the possibility of forming governments at the
centre with the PML(Q), and in Sindh with the Muttahida Qaumi Movement
(MQM). The Punjab will be contested 'on merit,' meaning electoral
performance shall determine who forms the government. The NWFP will
offer either a coalition government or a coalition opposition, depending
on whether the religious alliance, the MMA, would stay together
or fall apart. In Balochistan, the Peoples Party would sit on the
opposition benches.
In
simple terms, General Musharraf shall be president and govern the
country in collaboration with an effective but cooperative Benazir
Bhutto as prime minister.
But
to implement these terms of the deal, different possibilities ("implementing
strategies" is how these are referred to by one diplomatic
source) are out on the table.
"Part
of the arrangement that allows President Musharraf to win a second
credible presidential term from the same assemblies will have to
be implemented in the coming two months. The rest of the arrangement
will come into effect later on," says a presidential aide.
In
other words, Benazir Bhutto's backing to the general's second term
comes before she is let off the hook in the cases that block her
honourable return to Pakistan and her election to the new assemblies.
But why should she deliver to the general his main objective and
wait for a favour in return?
"The
process to get her cleared of these charges is already underway
and will be completed by the time the presidential election is taking
place. She will have something in hand to feel confident about,"
says the presidential aide.
Moreover,
maintains another source, Benazir Bhutto senses the opportunity
of a lifetime to get out of the political bind she finds herself
in.
"The
whole focus of her negotiations has always been the desire to stabilise
her personal situation: she wants her political name cleared and
her political future restored. She also wants to protect her fortune
and has been keen to put this matter at the centre of her negotiations,"
says a senior member of the president's team with access to privileged
information.
But
Benazir Bhutto's inner circle is still unsure about the outcome
of the first real test of this understanding that the party will
support General Musharraf's second term in uniform.
One
source, who has travelled frequently between London and Islamabad,
speaks of these inner anxieties: "Ms Bhutto is aware of the
dangers inherent in backing General Musharraf in uniform. No matter
how great the eventual advantage for herself and the party, this
could destroy the public image of the party," says the source.
These
fears are not baseless. General Musharraf and the ruling party are
not the hottest political commodity in town. A recent survey by
the International Republican Institute shows that Musharraf's popularity
ratings plunged to 34% in June 2007 from last year's healthy 64%.
But
even 34% seems an incredibly high score. One popular criticism regarding
the authenticity of the survey is that it does not reflect the ground
realities.
Although
harsh, such criticism has a basis. The survey does not include the
outpouring of public sentiment upon the restoration of the chief
justice of Pakistan, Iftikhar Muhammad Chaudhry. Nor does it measure
the reaction to the manner in which the military operation was carried
out at Lal Masjid. For different reasons, and among different sections
of the population, General Musharraf's image got a severe drubbing
on account of these two events.
"The
Peoples Party would be better placed backing General Musharraf without
the uniform. On the day the presidential election takes place, if
he remains a candidate with the brass on, our party will have a
huge problem," says a PPP leader.
Yet
General Musharraf does not want to be taking any chances. He wants
to utilise his dual office as a guarantor of the next term. "In
uniform and from the same assemblies," is his preference, says
a presidential source.
His
biggest worry is that any legally suspect position that does not
have the endorsement of the parliament is likely to be shot down
in the Supreme Court, whose chief justice's activism has not been
dampened by the four torturous months he spent under the ire of
the country's all powerful establishment led by General Musharraf.
Most
of the options before General Musharraf are open to legal challenge
and might land before the honourable judges of the Supreme Court.
For instance, Article 41 of the constitution says that besides meeting
other conditions such as being a Muslim and not less than 45 years
of age, the presidential candidate must also qualify to be elected
a member of the National Assembly. Therefore, he must also satisfy
all requirements of Article 63 of the constitution that pertain
to parliament, including that of applying for a political office
two years after having left a government job.
Then
there is the question of the Electoral College as defined in article
41(3) for election of the president and as further elaborated in
the Second Schedule of the constitution. What happens if any of
the provincial assemblies are dissolved? Can the presidential election
be held? The government's view is that it can be held because there
is a provision in the constitution for an extension in the date
of the presidential election if the National Assembly is not there.
Government
sources also rely on a judgement of the Indian Supreme Court where,
during one of the presidential elections, the assembly of one of
the southern states did not exist as it had been dissolved for the
assembly's elections. The court held that the elections could go
on. However, Hamid Khan and Abid Hasan Minto, both former presidents
of the Supreme Court Bar Association, say that the point is contestable.
So,
if before the presidential election, the NWFP chief minister, as
is being widely speculated, advises the governor to dissolve the
assembly, then the government may challenge it in court as a malafide
act that is being done to frustrate the president's election and,
at the same time, plead that the election can go on. But it will
have to go to the court nonetheless - the same court whose chief
justice it had attempted to dislodge on March 9.
Even
if amendments are made to the constitution to pave the way for General
Musharraf to get elected by either the present or the future assembly,
these amendments would have to be generic and not personality-specific,
otherwise they could get thrown out by the Supreme Court. The court
would also examine whether these amendments alter the character
of the constitution, and if they did, then such amendments cannot
be made by this parliament. To do that, a constituent assembly would
be needed.
A
look at the Tables (1, 2 and 3) elaborates General Musharraf's dilemma
further. As is evident, all of his strategies to enter the second
term with the uniform on are fraught with severe challenges to the
moral plus legal, and therefore political, legitimacy of his rule.
The
most tempting, and seemingly safest option, is the holding of elections
on time, and allowing the present assemblies to complete their term.
This would entail that the president be elected from the same set-up
and that he contest for the next term while in uniform.
But
this can be the most problematic option. This is the very combination
that everyone in the opposition is fiercely opposed to, and it is
likely to start a new round of street agitation and political litigation
beyond anyone's control. Selling this combination to Benazir Bhutto
also means putting her party in the pillory, subjecting it to public
ridicule.
Also
the credibility of the upcoming elections, for whom the caretaker
set-up will be hand-picked by General Musharraf, would be torn apart
by a protesting opposition. And a wide-scale boycott of these could
undermine the very purpose for which the exercise is being carried
out: to stabilise the country and focus on the twin challenges of
terrorism and development.
The
delayed election scenario does not look all that good either. Extending
the tenure of the present National Assembly would require imposition
of emergency, which itself is sure to be challenged in the court
of law. And, even then, the present system would only take the existing
confusion to the next year without doing anything for General Musharraf:
he may still have to be elected from the same set-up and therefore
face all the challenges associated with such an attempt.
Seemingly
the most adventurous is the option of dissolving the present assemblies
and ushering in the new system before the president's present term
in uniform ends on December 13. However, this runs counter to the
oft-repeated boast of "these being the first-ever assemblies
to complete their tenure."
Yet
practically, this is the only option that seems to address some,
if not all, of the grim challenges flying in General Musharraf's
face. The new assemblies shall be a new beginning, which can be
made on a consensual note. Much of the bottled-up political frustration
and anger, that is presently centred on General Musharraf will find
a timely outlet. He has a chance of enhancing his stature by piecing
together a trusted system of holding genuinely free and fair elections.
He can use this opening to speak to parties which, otherwise, would
not listen to him or engage with him. After all, at the end of the
day, politicians cannot afford to stay away from the corridors of
power.
Having
held a genuinely free election, the president stands a better chance
of marketing his candidature than otherwise.
But
these pluses apart, the question that arises is, why should members
elected to the new parliament take him seriously? In fact, as things
stand today, there is no guarantee that they would. The level of
distrust between the general and even those politicians who are
allied with him is such that promises made before the elections
can easily become words in the sand once the elections are over.
Moreover,
the voters' preferences are also a constant threat. Leaving the
fate of his last tenure to the election of the next assembly poses
a grave risk he does not want to take. For the most part, the next
elections would be a contest between anti- and pro-Musharraf forces.
It requires no political genius to figure out which way the scale
is tipped.
Some
well-wishers have attempted to suggest a more viable course of action
to the general. Their wish list runs as follows:
1. The president (present government) call an All Parties Conference
on the system to hold free and fair elections, with the aim of
arriving at a consensus. The same platform can be used to come
up with a national security strategy to deal with terrorism.
2. The president and the present government move a comprehensive
package for restoration of the parliament's supremacy, including
the removal of article 58-2(b), disempowering the president to
dissolve the National Assembly.
3. The government should facilitate the return of Nawaz Sharif
and Shahbaz Sharif by engaging them in a genuine national dialogue.
4. The president should announce the date on which he would relinquish
his uniform, which would reiterate the constitutional position.
5. The president should consider taking off his uniform after
having secured an understanding with the PPP and contest the next
term without the burden of the brass.
Most
such suggestions have one thing in common: they speak of the urgent
need to hand over the reins of the country to genuinely elected
public representatives through a system that votes out the bad apples
rather than booting them out. How General Musharraf responds to
these suggestions is subject to how he is reading the writing on
the wall - it is as much a test of his vision as it is of his wisdom
to not resist the march of time.
|