Month: February 2018

Zia to Revive, Change 1973 Pakistan Constitution

March 03, 1985|
From Times Wire Services

ISLAMABAD, Pakistan — President Zia ul-Haq announced Saturday that Pakistan’s suspended 1973 constitution will be revived and amended to make himself an unchallenged head of state, but he promised a gradual end to 7 1/2 years of martial law.

The 60-year-old general, in full military uniform, disclosed the long-awaited constitutional amendments in a 90-minute address on national television and radio a few days after Pakistanis voted for representatives to a 237-seat National Assembly and to provincial assemblies in the first elections since Zia took power.

“My desire is to restore the constitution quickly, but martial law will be lifted step by step,” said Zia, who seized power from Prime Minister Zulfikar Ali Bhutto in a military coup in July, 1977. Bhutto was later executed.

In the 1973 constitution, suspended after the coup, the presidency was little more than a figurehead position.

Zia said the amendments will allow the president to name the prime minister, his Cabinet, the heads of the armed forces and provincial governors. The president also may dissolve the National Assembly and stage a referendum on any issue.

One amendment adds a clause to the constitution accepting a national referendum that Zia held in December to extend his rule by five years.

Balancing of Powers

Zia described the changes as a balancing of powers between himself and the future prime minister.

“The basic structure of the constitution has not been touched,” he said. “It will continue to be parliamentary.”

Zia had already made himself head of the newly created 11-member National Security Council, an advisory body that will be composed of political and military leaders.

He did not give a timetable for restoration of the constitution or abolition of martial law, saying only that the National Assembly and Senate will meet on March 23, “and thus democratic institutions will be established.”

The National Assembly elected Monday could reject the constitutional amendments, but only with a two-thirds majority and with support from the four provincial assemblies elected Thursday.

http://articles.latimes.com/1985-03-03/news/mn-32770_1_constitutional-amendments

Elections held on non-party basis

August 09, 2015

In the early 1980 General Ziaul Haq was under pressure from his Western supporters to deal with human rights violation issues, including the cases of political activists.

The pressure had mounted since first Nusrat Bhutto in 1982 and then Benazir Bhutto in 1984 were released from detention and allowed to go abroad. Visiting London and the United States, Benazir talked to the media, human rights activists and politicians there about human rights violations by the military regime and stated that Gen Zia was not prepared to restore democracy in the country.

As she travelled through Western capitals, Gen Zia discussed with his team and some legal experts about the future political set-up of the country. After holding local bodies elections on non-party basis he thought that a similar experiment in the national politics would also bring change in the country.

Time proved him wrong.

He had indirectly agreed, in August 1983, to hold the elections on non-party basis, with an approximate date of March 1985. Perhaps he wanted to buy time to think of some ways to clamp restrictions on taking part in elections so that only new and inexperienced people could come to the parliament who would act as his yes men; he wanted a house which would need his leadership.


Such amendments to the Political Parties Act, 1962 are introduced that are obviously meant to keep the PPP and liberals away from polls


The PNA parties except Jamaat-i-Islami (JI) and the PPP had refused to contest the polls, while the Muslim league faction led by Pir Sahib Pagara had decided to take part. The JI leadership had decided to participate in elections as its leader Tufail Ahmad was closely associated with the general. There was also a chance that Pir Pagara’s Muslim League would win sufficient number of seats to form a government. Gen Zia had a special regard for Pir Pagara, as in 1980 he had offered the general the platform of his faction of the Muslim League. But the general was not ready to make any compromises in a party set up.

On Jan 8, 1985, the Chief Martial Law Administer (CMLA) promulgated a Martial Law Order No 65 by which it was notified that the government could disqualify any person from taking part in politics; this was meant as a warning that the government was prepared to restrain any person whom it thought undesirable.

Two lawyers in his team, A.K. Brohi and Sharifuddin Pirzada, had been assigned the task of ensuring Zia’s continuation in power. They drew a long list of amendments which would disqualify almost all candidates belonging to the PPP and other liberal groups, who would like to contest despite their party’s decision to boycott.


The elections were held on Feb 25, 1985 on non-party basis, though some political parties allowed their members to contest the elections as independent candidates.


Such amendments in the Political Parties Act, 1962 were introduced that PPP leaders and activists, including former members or ministers, stood disqualified. For instance, the amended Political Parties Act implied that any person who had at any time after Dec 1, 1971, been an office-bearer or a member of the executive committee at the national or provincial setup of a party which had not been registered nor declared eligible to participate in elections by the Election Commission by Oct 11, 1979 stood disqualified for seven years to be elected as member of the National Assembly or a Provincial assembly.

Further, any person who had been a federal minister, minister of state, an adviser or provincial minister between Dec 1, 1971 and July 5, 1977 stood disqualified for seven years from participating in the elections. The very amendments provided guarantees to Gen Zia that no PPP supporter would reach any assembly.

The elections were held on Feb 25, 1985 on non-party basis, though some political parties allowed their members to contest the elections as independent candidates; after the elections some parties claimed winning a number of seats as the candidate had won due to their support. The election brought new faces belonging to the landed aristocracy and business tycoons.

There were different claims about the turnout of voters: official figures claimed a voter turnout at 53.71 per cent, while the political parties said it was not more than15pc. Four days later, elections to the provincial assemblies were also held. The elections brought hope that a house of politically elected members could also be hoped in future, and that the House could be tamed democratically.

With a separate electorate system, Gen Zia presumed that perhaps the minorities, especially the Hindus, supported the PPP and might have helped in bringing a few PPP supporters in the National Assembly. This would create a serious issue for Gen Zia.

shaikhaziz38@gmail.com

Published in Dawn, Sunday Magazine, August 9th, 2015

https://www.dawn.com/news/1199038

A leaf from history: Zia’s referendum

August 02, 2015

 

In the aftermath of the Movement for the Restoration of Democracy (MRD), there was unrelenting pressure on Chief Martial Law Administrator (CMLA) General Ziaul Haq to relinquish and transfer power. By the beginning of 1984, even the general’s friends in the army began pressing him to adopt certain measures which could help the country return to normalcy. It was time to act.

There were two schools of thought: the first favoured seeking legitimacy from the people for Gen Zia, and towards this end they wanted him to hold a referendum. The second opinion was to hold elections and hand over power to the elected representatives.

As always, Gen Zia was averse to holding elections; the general had made it abundantly clear that were his administration to go down that route, he favoured non-party elections. But before any polls, he insisted on holding a referendum to elicit people’s will.


When it was time to secure another five years for the general, his team tied his continuation in power to the salvation of Islam and the preservation of Pakistan


Political circles immediately opposed this suggestion, and reminded the general that it was him and his friends in the army who had opposed Bhutto’s decision to conduct a referendum during the PNA agitation. But elsewhere, there was growing support for the referendum option.

 

Now came the most crucial phase of the process: crafting the question that was to be put before the public.

This process required a tricky question, asking the voter whether they wanted to support Islamisation and, therefore, want Gen Zia to continue for another five years after Martial Law was lifted. What was eventually crafted linked the general to the salvation of Islam and preservation of Pakistan: “Do you endorse the process initiated by the President of Pakistan, General Mohammad Ziaul Haq, for bringing the laws of Pakistan in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (peace be upon him) and for the preservation of the ideology of Pakistan, and are you in favour of continuation and further consolidation of that process and for the smooth and orderly transfer of power to the elected representatives of the people.”

The question sought a ‘yes’ or ‘no’ answer — affirmative replies would mean support for Gen Zia to continue as president till 1990.

The martial law administrators all knew that if arrangements were not undertaken to get a ‘Yes’ vote, the scheme might backfire. The governors were therefore asked to do everything in their control to prop support for the general. Meanwhile, Gen Zia would undertake visits to all provincial capitals and also address the nation on radio and television.

In his address, Gen Zia announced that national identity cards would be a must for voting. But due to flawed policies, not all citizens possessed identity cards. The issue was re-examined by the officials concerned, and two days before polling, the condition of producing a national identity card to vote in the referendum was waived.


The MRD and other parties boycotted the referendum. Polling stations on the day wore a deserted look but when the results were announced, it was claimed that the general had bagged more than 60 per cent votes and was thus elected for another five years after the lifting of martial law.


The MRD and other parties boycotted the referendum. Polling stations on the day wore a deserted look but when the results were announced, it was claimed that the general had bagged more than 60 per cent votes and was thus elected for another five years after the lifting of martial law.

With his power seemingly reinforced, the general was now confronted by another promise he had made during the MRD campaign on Aug 12, 1983: conducting general elections in February 1985. Towards this end, began an exercise aimed at reducing the vote bank of the PPP and other leftist parties. He did not want any move which diluted his political philosophy.

shaikhaziz38@gmail.com

Published in Dawn, Sunday Magazine, August 2nd, 2015

https://www.dawn.com/news/1197376

Pakistani General Pictured as Reluctant Coup Leader

 July 12, 1977
A secret Pakistani army document reveals that Gen. Mohammed Zia ul-Haq, who seized power in a coup last week, expressed strong opposition to taking the drastic step.

According to a highly informed Pakistani source, Zia was induced to stage the coup by six of the army’s corps commanders serving under him.

They persuaded him that the take-over was essential for the good of the Army, which had come under severe public criticism during the last four months of unrest, the source said.

The document makes it clear that Zia opposed involving the army in political battling between fromer Prime Minister Zulfiqar Ali Bhutto and the opposition’s nine-party Pakistan National Alliance.

Zia expressed worry that public pressure on the army following the deployment of troops to kill unarmed civilian demonstrators could lead to a mutiny or civil war. He was apparently torn, however, by what he viewed as his military duty to support the government.

In the end, though, Zia was evidently won over by the corps commanders’ arguments.

The statements of Zia’s opposition to a coup is in a document written May 7 and obtained today by The Washington Post, along with the two secret letters.

In it, Zia said: “We soldiers must stay above politics and let the political problems be solved by political and constitutional means.”

The document, labeled “restrictive,” the lowest military secrecy category, was circulated among senior officers down to the regimental level. The four-page paper, carrying Zia’s signature, is entitled “Command Communication by the Chief of the Army Staff.”

It was circulated two weeks after Bhutto had imposed martial law in the major cities Karachi, Lahore, and Hyderabad April 21. When troops began firing on demonstrators, a public outcry swiftly followed. It was particularly strong in Lahore, the capital of populous Punjab Province, the home of about 85 per cent of the armed forces.

On April 27, one week after martial law was imposed, Zia and the joint chiefs of staff had issued a public statement in which they said.

“We wish to make it absolutely clear that the Pakistan army, navy and air force are totally united to discharge their constitutional obligations in support of the present legally constituted government.”

In his “communication” of May 7 Zia told his officers, “I expect you all to follow and implement that statement in letter and spirit; shun involvement in any non-military affairs; avoid getting entangled in any controversies and stay clearly away form active politics. The good of the army and the good of the country demands this from us.”

The reason for Zia’s apparent loyalty to Bhutto seems simple. In 1976, when Bhutto promoted him to chief of staff over the heads of a number of more senior general staff officers, Zia was the most junior lieutenant general in the Pakistan army.

According to a highly informed source with access to army intelligence officers, the power behind Zia – the men who pressed him into staging the coup against Bhutto – are six of the leading corps commanders: Lt. Gen. Mohammed Iqbal, Lt. Gen. Arabab Jehanzeb, Lt. Gen. Sarwar Khan, Lt. Gen. F. A. Chisti, Lt. Gen. Ghulam Hassan and Maj. Gen. Ghulam Mohammed.

Of these six, Iqbal and Jehanzeb are acknowledged to be the most politically astute and influential.

“Zia didn’t want to stage the coup,” the source said. “He doesn’t have that kind of mentality or ambition. He was pressureed into it by the corps commanders. And they’re still calling the shots.”

A highly regarded political scientist said that despite their differences of opinion on the coup. Zia and the corps commanders agreed from the outset that there was a danger of mutiny in army ranks if troops were sent back into the streets to battle civilian demonstrators should the negotiations between Bhutto and the opposition fail.

In his May 7 “communication,” Zia referred repeatedly to this concern.

“The leadership and the rank and the file of the defense services in general and the army in particular have been subjected to uncalled-for pressures and criticism with a view to causing doubts in their minds and trying to subvert them,” he said.

“In the prevailing fog, it becomes difficult to identify truth from half-truth and reality from rumors. The simple mind tends to see things in black and white and draw conclusions based on faulty or inadequate information.”

He added that he had “no doubt that the army will once again stand the test of time and fulfill its constitutional obligations to safeguard (the) well-being and solidarity of Pakistan.”

Zia’s support apparently buoyed Bhutto’s sinking morals and convinced him that the armed forces stood with him. In a letter written to Zia on May 4, Bhutto said, “I wish to express my deep appreciation for the loyalty, sense of devotion and the patriotism you have shown in issuing the joint statement pledging the total commitment of the armed forces to safeguarding the country’s integrity against external aggression as well as internal subversion.”

Bhutto added that he had “taken a number of initiatives to resolve the presen political problem facing the country. I have no doubt that, with determination and understanding, all the issues can be solved in conformity with the constitutional process. It is only a matter of time.”

On May 7, Zia forwarded copies of Bhutto’s letter to the corps commanders. In a covering letter, Zia told th officers, “I am hopeful that we will overcome the current crisis soon. And without being modest about the whole thing. I honestly feel that the entire credit of (the) army’s achievements under the current situation goes to you, your commanders, junior commissioned officers and men.

“I am confident that we will inshaallah (God willing) come out of the present crisis, not only cleanly but successfully.”

In the restricted “communication” issued on the same day, Zia wrote: “What is our duty? We know that we ought to obey the legally constituted government. It is argued that the election of 7 March ’77 was unfair.

“Are we in the Army justified to pass a judgement? Is there not a legally constituted machinery to adjudicate such issues? Are there not the high courts and the Supreme court to judge such allegations?

Referring to the 1971 war between Pakistan and India, in which East Pakistan became the independent nation of Bangladesh. Zia said Pakistan could not afford the “luxury” of a civil war “When our enemies are sitting across the borders waiting for such a chance. Are we prepared to offer them again an opportunity such (as) that (which) dismembered our nation only six years ago?”

“These questions must be agitating your minds,” Zia continued. “The answer is quite simple and easy. We soldiers must stay above politics and let the political problem be solved by political and constitutional means.

Thus, just two months, almost to the day, before he seized power and announced the end of the Bhutto government, Zia told his subordinates that the army had no business involving itself in politics, but must obey orders.

Let (the) army not be judge regarding the legality of the government,” he wrote. “The army has to obey the uninimoulsy accepted constitution of the country. There are many legal institutions to decide these issues. Let these issues be decided by those who are empowered by the onstitution to do so.”

https://www.washingtonpost.com/archive/politics/1977/07/12/pakistani-general-pictured-as-reluctant-coup-leader/19003e9a-8ce2-4aee-a313-1e5be3fc987b/?utm_term=.1349fce6b9ab