Rule of Law and Pakistan

The democracy and Rule of law walk side by side and can never be perceived to be present in a society where the state favors those who historically held power and wealth.

Those who do not move, do not notice their chains – Rosa Luxemburg

By Aisha Saeed

Since the inception of Pakistan, biggest challenge for the country has been the Rule of Law without which perception of economic growth, development, and ultimate peace will remain unrealistic. Everyone is accountable for the rule of law as it affects all of us in our everyday life. But the laws should be clear, publicized, and applied evenly. An effective rule of law reduces corruption, combats poverty and diseases, and protects people from injustices by establishing justice, equal opportunity, peace, and safeguarding fundamental rights. Therefore, a state requires a Rule of law in true sense for trustful relations between state and society; failing underscores the role of the state in protecting the rights of its citizens.

According to the World Justice Project (WJP) Rule of Law Index, There are four Universal Principles of the Rule of Law- i) Accountability: everyone in the society is accountable under the law; ii) Just Laws: The laws are equally  and evenly applicable for all including fundamental rights; iii) Open government: The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient; iv) Accessible and impartial dispute resolution: Justice is delivered timely by competent without parti pris.

WJP- Rule of Law index 2020, ranks Pakistan on 120th out of 128 countries of the world, which is a matter of no surprise in terms of the situation of Law and order, political instability, inflation, non-availability of justice and simply absence but implicit of Rule of Law in Pakistan. The index adheres to the two main principles pertaining to the relationship between the state and the citizens. These two principles further comprise of eight comprehensive and multi-dimensional outcome indicators/factors accordingly. The first principle measures whether the law imposes limitations on the exercise of power by the state and its agents as well as individuals and private entities, which involves these four factors; Constraints on government powers, absence of corruption, open government, and fundamental rights. Whereas the second principle measures  whether the state limits the actions of members of society and fulfills its basic duties toward its population so the public interest is served and welfare intact from all corners, this includes remaining these four factors; order and security, regularity enforcement, civil justice, and criminal justice. These eight factors are further headed to various sub-factors and enable the rule of law index to apply to different types of social and political systems, and to those which lack basic features of democratic nations.

Democracy, in Pakistan, has become the deepest pain of our society and for the society by the government because they know when to be part of a democratic state and when just pretend to be. The democracy and Rule of law walk side by side and can never be perceived to be present in a society where the state favors those who historically held power and wealth.

The imbalance of power in Pakistan is gone beyond for politicians, dictators, and their facilitators and to hold them accountable. In fact, there are several areas in all of the provinces of Pakistan where the law is used to grant impunity to tyrannical and repressive actions taken by those are in power; and they follow their self-made laws that are outside actual law.

Rather than enhancing accountability, strict and rapid measures for the awareness of the law and for its reach to everyone regardless of religious, cultural, psychological, economic, and educational background, the government is unable to hold accountable to those who buy the law. Their wealth lets them buy the time and other beyond-reach benefits in order to get the justice delay and other frivolous compliances. More so, where the role of our judicial system has been defective, as in 2018, Supreme Court announced the verdict in a case that had been instituted 100 years ago, and even in common disputes the clients are to a case keep hanging on for several years; and further several years in case of an appeal. Access to Law is for those, who can afford the cost of such lingering on litigations otherwise one-off bribe to avoid going to court. It is all which absolutely defeats justice.

In Pakistan, several NGOs have conducted numerous awareness programs on public policies and civil society, one of which is CPDI- Center for Peace and Development Initiatives; established in 2003 and it has conducted many programs on promotion of peace and tolerance, rule of law, transparency and access to information, having their vision for a world that guarantees the rule of the law protects human and civil rights, embraces the diversity of view, supports vulnerable people, and provides optimum conditions in which each individual can realize his or her full potential. Most of their projects were based on specific geographical areas and a few of them funded by the European Union which has been completed yet unable to acquire any outcomes for the public at large. Recently, in July 2021, the European Union and its partners launched a program that aims to promote the rule of law and enhance the criminal justice system in Pakistan, for Khyber Pakhtunkhwa – KP and its newly merged districts and Balochistan; The implementation of their vision 2025 in the focal areas comprise rural development, education, good governance, human rights, and rule of law.

The above-mentioned programs may have their significance to some extent but both have chosen specific geographical areas and the latter one is with a projection of next 5 years. This is a quite long time for society and its needs growing faster day by day, they should work on overall Pakistan by making regional and sub-regional units/committees including check and balance and accountability forums; for better work progress and its actual implementation. As in the said program, the KP government mentioned that they strongly believe in the principle of “Leave No One Behind”.

The WJP –Rule of Law Index recognizes that a system of law that fails to respect core human rights guaranteed under international law is at best “rule by law” and does not deserve to be called a rule of law system.

 It is very unfortunate to mention that, we, the people of Pakistan have been surviving under rule by law for several decades or we may say since its establishment.

About 98% of Pakistan’s population is underprivileged and/or unprivileged, which means either they are living under limited and sub-standard facilities in terms of provision of food and other basic day-to-day needs; or they are completely lacking basic human rights in all aspects.

Those who are in search of a piece of bread (no matter from which trash/bin they get it) for a whole day, will they are able to speak for their fundamental rights…?!! With a very heavy heart, the fact is their life from even before birth till death is a curse for them; they only feel alive when they get recognized in election campaigns with false hopes and fake promises.

Today the biggest danger for our society is not the national security issues or other external pressures but the lacking a Rule of law. The government should shift its focus on effective rule of law rather than just repeating the importance of the Rule of Law, and nothing to do for its actual implementation makes no sense. Furthermore, it is no more the stone-age; we have witnessed the societal and technological advancements, and those who have access to these facilities be reached out to rural areas for the better future of our upcoming generations and prosperous Pakistan. This is the time we should be the help of others by holding their hands and dig out them from darkness and hopelessness; voice out for the right and wrong prevailing in the society and get them resolved from proper channels. Also report it, if any injustice is faced anywhere no matter how small it is. When the people of the state get aware of their worth, dignity, and rights; nobody can exploit them, sooner it will lead us to choose a better government that will work for the wellbeing of the state of Pakistan and its citizens. It is time to move to notice the chains holding us from moving ahead.

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Aisha Saeed is a student of Law and former lecturer at the University of Karachi