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Mohsin Kamal Awan

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The Greatest Moment in Pakistani Democracy

Posted: 04/04/10 03:48 PM ET

This week may very well be remembered in Pakistan as the greatest point in the restoration of democracy in its 63 year history. Yesterday, after a year long legislative effort led by President Asif Ali Zardari and his Pakistan Peoples Party in the National Assembly of Pakistan, agreement was finally reached on the most dramatic and sweeping constitutional changes in Pakistan's history, restoring the 1973 Pakistani Constitution, which created a Pakistani parliamentary democracy based on the British Westminster model. The 1973 Constitution had been perverted by the actions of two military dictators, Generals Zia ul Haq and Pervez Musharraf by stripping power from Parliament and creating a powerful extra-constitutional Presidential system, centralizing political power into their own hands after their respective coup d'états. The National Assembly and the Senate of Pakistan, meeting in Islamabad of undoing this tragedy by making our constitution whole and uniting our country across provinces, ethnicities and politics. What makes this even more remarkable is that the process was initiated and has been directed by the current President of Pakistan, Asif Ali Zardari. This may be the first time in recorded history that a national leader willingly sacrificed his own political power for the sake of restoring constitutional, democratic rule of law. The Parliamentary Committee, created at the request of the President last year, not only voted to restore the powers of Parliament, but also to depoliticize the judicial appointment process by creating multipartisan judicial selection. This too was another example of Zardari willingly directing that powers held by the president be returned to the National Assembly.

As the world fully understands, Pakistan has had a difficult path to sustained democracy since its creation in 1947. Events since the toppling of the elected democratic government of Prime Minister Zulfiqar Ali Bhutto in 1977 and his subsequent judicial murder, have been particularly painful and destabilizing for my nation. Military dictators General Zia ul Haq and General Pervez Musharraf played havoc with the constitution and our state institutions. General Musharraf's assault on the constitution is fresh in the memory of the Pakistani nation. Benazir Bhutto's return to Pakistan in October 2007 and her sacrifice of her own life for the liberty of our people gave the nation the strength to face down the Musharraf dictatorship and to ensure a peaceful return to democracy as a result of the February 2008 elections.

Yet democratic elections alone have not fully restored democracy in Pakistan. That true resurrection of our democratic institutions and the strengthening of our democratic infrastructure was dependent on the restoration of the 1973 constitution. The restoration of the 1973 Constitution, and the aberration of those clauses that usurped power from the parliament into the hands of military dictators who had self-anointed themselves as President, was the most central plank of the Pakistan Peoples Party platform drafted by our late beloved leader Benazir Bhutto before her assassination in 2007. Although she never lived to see her dream achieved, the honor of removing the remnants of dictatorship in Pakistan has been bestowed on the democratically elected PPP government under the stewardship of Zardari. Under his leadership, the Constitution is being restored with the support and participation of all major political forces in the country. And by decentralizing critical powers to Pakistan's four great provinces, the reform package is fundamentally strengthening the Pakistani federation.

Contrary to those who would belittle him, Asif Zardari is hardly a recent convert to the restoration of the 1973 Constitution. President Zardari had planned to complete the transition to democracy and to return the country to the foundations of the 1973 constitution from his first day in office. During his address to the joint sitting of the parliament last year, he advised the Speaker of the National Assembly, Dr Fahmida Mirza, to immediately form a constitutional committee comprising representatives of all political forces in the parliament to look at not only doing away with the arbitrary amendments including the infamous 17th amendment inserted by the dictator but also to settle the question of provincial autonomy according to the wishes of the federating units. He called upon his party in Parliament to enact a package of constitutional reforms as quickly as possible.

Irrespective of what his detractors may like to say, the fact is that Zardari has ungrudgingly consented, as was his original promise and intention, to forgo the powers conferred on the President under the 17th amendment thus implementing the public commitment of his wife and of our Party. He is not being "stripped of his power" as some have characterized it either out of ignorance or mischief, but rather has been in the vanguard of democratic change. The constitutional committee that was created at his request, specifically for this purpose, has completed its job and the reform package will be put before the National Assembly on Thursday and the Senate on Friday.

As a Pakistani, a lawyer and a former Pakistani army officer, I am proud of the steps my country has taken to strengthen our democracy through bold institutional reform. This is truly one of the greatest achievements in the history of our Nation. And whether one personally likes him or not, the full credit for the implementation of this central plank of the Pakistan Peoples Party's commitment to our nation belongs to the president of our country, Asif Ali Zardari. His actions are both historic and unprecedented, what John Kennedy would have called a "profile in courage."

 
 
 
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LogicalMathMan
Math, Finance, English, Business Instructor
03:33 PM on 04/05/2010
Whatever the charges about Zardari's corruption, one must be suspicious of the source of such allegations - Dictator Parvez Musharaf. That Pakistan did not try this dictator after he was removed through elections, is representative of the level of corruption and political hand wrangling in this Muslim state.

No action will be forthcoming from Musharaf silencing his detractors, permitting the Taliban occupation of South Waziristan and energizing militants to commit acts of terror against her neighbor, India.

This declaration to reinstate the 1973 declaration is a step in the right direction. Now, if only Zardari could work to eliminate the militant Lashkar-e-Taiba, his intentions of restoring democracy to Pakistan will gain some universal legitimacy.
12:50 PM on 04/05/2010
I am grateful for the article and for the ensuing discussion. I will watch for more information on these changes and any counterpoints.
12:24 PM on 04/05/2010
pakistan has been cursed with poor leadership throughout its histoy but the current President takes the biscuit.

let me remind you - Known as Mr 10% during his wife's 1990's govts, implicated in the death of his brother in law, faces corruption charges or enquiries in spain and switzerland.

is looting the country of its resources, employing inept cronies like rehman malik to do his bidding. is the unelected leader of the PPP (a position that was beqeauthed to him by his late wife in her will!).

his people were responsible for benazir bhutto's security when she was allegedly assassinated by militants.

and he has given the US free reign to kill pakistani civilians using unmanned drones whilst the country is awash with Blackwater types. we are seeing the inevitable consequences of this today on the TV.
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HUFFPOST SUPER USER
Smithn
Different strokes for different folks.
11:34 AM on 04/05/2010
This is an example for Karzi to live up to. Instead it looks like he's joined Amadinajad in blaming 'the west' for his own failues as a leader.

Government by corruption seems to work in varying degrees all around the world. As someone pointed out here earlier, we even have it in our Lobbyists, (Jack Abramoff0 and Wall Street. Proving once again, 'money is the root of all evil'.
05:44 AM on 04/05/2010
ok thanks for the zardari love-in..

can you please explain how he has become the 10th richest head of state in the world, while ordinary people have to come with hours of load-shedding daily?
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
08:14 AM on 04/05/2010
It's easy, Pakistan is one of the most corrupt nations on earth, bribes run everything.

The point of the article is, he is trying to change that. Sure, it's after he's already got his, but that's still good. You don't see Wall St toppling their cash cow now that they're all billionaires, right?

Besides which, heads of state are not that rich. Thousands on Wall St got bigger bonuses this year than Obama's total wealth.
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04:08 AM on 04/05/2010
Kudos...congrats...well done...now lose the extremists.
01:52 AM on 04/05/2010
What about the Eighth Amendment? It is still in place apart from the one operative article. How can there be a 'restoration' of the 1973 constitution when Zia ul Haq's distortions to that constitution remain with us? All the mutual back-slapping is somewhat ridiculous in the face of reality.
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11:15 PM on 04/04/2010
Congratulation to the Pakistani people and Sadari! Hopelly, this will mark the end of the ISI and the Generals controlling that nation. Change is coming, slowy for sure, as many people are awaking up, thanks to the Information Age we are living in, to the truth of how the world is being controlled at gun point by a handful of international banker elite.

I would say Zadari is a very courageous man.
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HUFFPOST COMMUNITY MODERATOR
Tomlastliberalleft
10:19 PM on 04/04/2010
For those of use familiar with recent history in Pakistan it is fair to say that everyone has hoped this day would come without bloodshed. The future will no doubt be filled with further obstacles to be overcome, but at least things are moving forward, again. Let us all hope that Pakistan’s future will again belong to her people and the days of the Generals are now over. Hopefully the Obama administration will do all it can to help Pakistan as best we can to build upon this significant step forward.
02:24 PM on 04/06/2010
"....Days of the Generals are over now." You have to be a hopeless optimist to hope for that in Pakistan! That has as much chance as a snowball in hell.