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Parliamentary Research Digest J U L Y , 2 0 1 6 V O L U M E 3 , I S S U E 0 7 I N SI DE THI S
I SSU E:
Editorial Hope this finds our readers in best of spirits. The PIPS Parliamentary Research Digest July 2016 issue has discussed imperative topics such as population, integrative legisla-tive model, forest policy . We are confident that the digest assists honorable MPs to develop insights regarding key current issues at hand and help them seek solutions and make informed decisions. For any specific areas of importance that you want PIPS to send you research or brief-ing papers, don’t hesitate to contact us at [email protected]. Profound Regards and happy reading.
Muhammad Rashid Mafzool Zaka
Director (Research and I.T)
ANALYSIS
National Forest
Policy 2015:
An Appraisal
Page 01
OPINION
Engaging Civil Soci-
ety for a Construc-
tive Dialogue on
Population and
Fundamental Rights
Page 09
CONCEPT &
OPINION
Integrated/Hybrid
Model of Legislative
Drafting: Impact of
Policy Research on
Legislative Drafting
Page 14
ANALYSIS
Pakistan: Friend or
Foe in the Fight
against Terrorism?
Page 19
Editorial Board
Editor: Muhammad
Rashid Mafzool
Zaka
Sub Editor: Ms.
Tehseen Khalid
Members:
M.Rizwan Manzoor
Ms.Fakiha
Mehmood
ISSN# 2414-8040
Father of the Nation, Quaid e Azam Muhammad Ali Jinnah said:
Duty of the Government:
You will no doubt agree with me that the first duty of a government is to maintain law and
order, so that the life, property, and religious beliefs of its subjects are fully protected by the
State.
…if we want to make this great State of Pakistan happy and prosperous we should wholly
and solely concentrate on the well-being of the people, and especially of the masses and the
poor.
Address, Constituent Assembly of Pakistan, Karachi, 11 August 1947
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PIPS Parliamentary Research Digest- Volume: 3, Issue: 7 Page 1
ANALYSIS
National Forest Policy 2015: An Appraisal
Fakiha Mahmood
(Research Officer, PIPS)
Sustainable forest management makes an important component in the international efforts to
tackle the threat posed by climate change. Owing to their capacity for curbing carbon dioxide
level in the atmosphere, forests play important an role in reducing climate change. Conversely,
they get affected by the adverse impacts of the climate change once it brings about unexpected
variations in climatic conditions. From ecological point of view, forests are important in land
conservation, regulation of flow of water, reduction of sedimentation in water channels and
reservoirs, and providing shelter to biodiversity. At national level, forests contribute to the
economy by providing timber for construction and furniture, living space and food, fuelwood
for energy. Also they provide income as well as recreation opportunities to families and
individuals. All this necessitates the formulation and implementation of an overarching legal and
institutional framework for the utilization of such an important natural resource. The draft
National Policy 2015 is an effort in this direction.
The World Bank definition considers forest area to be “land under natural or planted stands of at
least 5 meters in situ, whether productive or not, and excludes tree stands in agricultural
production systems and trees in urban parks and gardens.”1According to Food and Agriculture
Organization of the United Nations’ guide national forest policy is:
“… considered to be negotiated agreement between government and stakeholders
(i.e. all those who depend on or benefit from forests or who decide on, control or
regulate access to these resources) on the orientations and principles of actions they
adopt, in harmony with national socioeconomic and environmental policies, to guide
and determine decisions on the sustainable use and conservation of forest and tree
resources for the benefit of society.”
In an ideal situation, forest policy is a bond between all the major stakeholders in the area of
forestry adopted by the government. Hence the selection of stakeholders has direct bearing for
the policy. In other words, determining who is a stakeholder in the whole process remains highly
important. Furthermore, although officially espoused by the government, national forest policy
needs to be in line with:
The broader aims of society
National development or economic and poverty strategy
Policies issued by other departments including environment, climate change, agriculture,
industry and trade
Country’s unique history, culture, resources and aspirations
1 The World Bank, http://data.worldbank.org/indicator/AG.LND.FRST.ZS, (accessed May 5, 2016).
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Country’s forest related international commitments2
Situation Analysis
With only 5.3 % of the total land area covered with forests, Pakistan is among those countries
with significantly low forest cover area.3 Within this 5.3% land area, almost 80% actually has tree
cover while the rest is denuded. 4 Also there is great disparity in the country in terms of their
distribution across the provinces as well as the type of the forests. Most of the forests
concentrations are found in the northern parts of the country with Khyber Pakhtunkhwa owning
40%, Northern Areas 15.7% and Azad Jammu & Kashmir 6.5%. Whereas, the share of forests in
Balochistan is 14%, Punjab 14.4%, and Sindh 9.4%.5 Most of the Natural coniferous forests are
located in Khyber Pakhtunkhwa, Northern Areas, and Northern Punjab.6 And Balochistan hosts
the world’s second largest Juniper forest resources.7
However, it should be recognized that the primary reason for low forest cover in Pakistan is that
70-80% of land in Pakistan lies in arid or semi-arid zones, due to low precipitation tree growth is
weak is these areas.8 The weather or climatic characteristics prove to be detrimental even for
those saplings planted with the intention to increase the forest cover area. Apart from the
environmental conditions, massive deforestation and the lack of the concerned agencies to
control the situation has significantly reduced the forest cover area in the country. The estimates
show that the rate of deforestation was 2.1 percent or 47,000 hectares for the period 1990-2005.9
Any effort at preserving the natural habitat existing in the form of forest cannot ignore the
various benefits forests provide to the local community as well as the economy in general.
Hence, the demand side of the forests should well be taken into consideration before looking at
the forest policy. The ratio between the domestic demand for wood and annual increase of
forests presents a dismal picture as the demand is three times higher, than that of the annual
increase. Forests and the related small industries are a source of income for about 500 000
2 Food and Agriculture Organization of the United Nations, “Developing effective forest policy: a guide,”
http://www.fao.org/docrep/013/i1679e/i1679e00.pdf, (accessed April 28, 2016). 3 Planning Commission, Government of Pakistan, “Annual Plan 2014-15.”
4 Government of Pakistan, Planning Commission, “Task Force on Climate Change: Final Report,” (February
2010), http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9NT0MvUHVibGljYXRpb25zJTIwb24lMjBFbnYlMjBhbmQlMjBDQy9jbGltYXRlJTIwY2hhbmdlL1RGQ0MlMjBGaW5hbCUyMFJlcG9ydCUyMDE5JTIwRmViJTIwMjAxMC5wZGY%3D, (accessed April 20, 2016), 26. 5 Lubna Hassan, “An anatomy of state failures in forest management in Pakistan,” The Pakistan Development
Review 46:4 Part-II (2007), 1190. 6 Javed Ahmed & Fawad Mahmood, “Changing perspectives on forest policy,” IUCN Pakistan and International
Institute for Environment and Development, (1998), http://pubs.iied.org/pdfs/7533IIED.pdf, (accessed May 2, 2016), 1. 7 WWF Pakistan, Juniper Forests – Ziarat, http://www.wwfpak.org/ecoregions/JuniperForests.php, (accessed
May 12, 2016). 8 “Forest and Biodiversity information/data,”
http://www.undp.org/content/dam/pakistan/docs/Environment%20&%20Climate%20Change/UNDP-PK-ECC-Forests%20and%20Biodiversity.pdf, (accessed April 27, 2016). 9 Ministry of Climate Change, Government of Pakistan and United Nations Environment Program, “The
Environment and Climate Change Outlook of Pakistan,” http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9FQ0NPL2V4ZWN0aXYtc3VtZXJ5LnBkZg%3D%3D, (accessed May 11, 2016), 3.
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people. They provide fodder for 90 million entities of livestock. 10 Forests are an important
source of medicinal plants and non-timber forest products. All this generates huge pressure on
the quickly disappearing forests.
Legal types of forests in Pakistan
Almost 85% of forests in Pakistan are state owned, a number of privately owned forests are also
managed by the state. Legally, forests are divided between public forests (state-owned) and
private forests (non-state). Reserve forests and Protected forests are the prime categories of the
public forests whereas, Guzara forests make the major part of the private forests. The
differentiation among them is based on the rights granted to the local people. Following is a brief
account of different legal classes of forests.
> Public Forests: come under the jurisdiction of provincial administration in three sub-
categories:
o Reserve Forest: are free of private rights. Only concessionary rights are granted
including rights to passage, water, grazing and fuel wood collection.
o Protected Forests: (found in all provinces excluding AJ&K) in addition to
concessionary rights, local residents have rights to timber for non-commercial
use.
o State Forests: (located in Balochistan and AJ&K) are free of private rights, only
concessionary rights are provided which the government can revoke at any time.
> Private forests:
o Guzara Forests: are owned by the communities, they did not come under the
category of Reserve or Protected forests at the time of land settlement. These
forests can be used for the commercial purposes, however government regulated
cutting in these forests.
o Communal Forests: are found in the Northern Areas. Before takeover in 1972,
these belonged to the local rulers, and are now governed by the forest
department.11
Challenges to forestry in Pakistan
Some of the challenges to forestry sector in Pakistan are:
i. Absence of national forest monitoring mechanism
ii. Un-regulated inter-provincial movement and trade of timber
iii. Absence of an approved national forest policy
iv. Lack of availability of scientific data and research in the area of forestry in Pakistan
v. Transfer of forestlands for non-forestry uses
vi. Illegal encroachments
vii. Shortage of irrigation water
viii. Inter-sector conflicts
ix. Natural calamities
10
Ibid 11
Lubna Hassan, op. cit., 1190-91.
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x. Fragile governance structure
xi. Weak law enforcement
Governance framework
Forest Ordinance 2002 acts as principle legislation for forest governance in Pakistan. Prior to the
Forest Ordinance 2002, the Forest Act of 192712 remained in place as a principle legislation with
the exception of Hazara and Northern Balochistan, which were governed under NWFP Hazara
Forest Act 1936 and Balochistan Forest Regulation 1890 respectively.13 The Constitution of the
Islamic Republic of Pakistan 1973 puts the subject of forestry into the provincial realm, limiting
the role of the Federal Government to national planning and economic coordination, Inter-
provincial coordination and matters incidental or ancillary thereof. The Federal Government is
entitled to regulate import and export of wood and forest products, interprovincial trade and
commerce, trade and commerce with other countries. Furthermore, the Federal Government
retains the exclusive mandate to implement international instruments concerning forests.
Federal Government is also responsible for the governance of forests in FATA through the
FATA Secretariat. Whereas, the governments of Azad Jammu & Kashmir as well Gilgit-Baltistan
look into the matters pertaining to forests in their respective area of jurisdiction.14 Most
importantly, the governance framework reveals that the subject of forestry is a provincial
domain. It was so well before the Eighteenth Amendment. Hence, the mandate of the Federal
Government gets restricted and limits to some specific functions. In this regard the function of
the National Forest Policy is to provide an overarching body of principles and institutions to
support the mandate of the provincial governments.
Forest management in Pakistan is primarily tailored on the British experience in the
Subcontinent during the colonial era. The legal framework is considered to be punitive and harsh
while the institutional mechanisms rest on the principle of command and control, for the
presumption that the local communities are not environment friendly, hence their role needs to
be minimized. All this resulted into lack of community involvement in the forest affairs causing
resentment among the local communities.15
Draft National Forest Policy 2015: key highlights
The draft policy aims at the “expansion, protection and sustainable use of national forests,
protected areas, natural habitats and watersheds for restoring ecological functions, improving
human health in line with the national priorities and international agreements.”
Expanding forest cover
12
Lubna Hassan, op cit., 1190. 13
Moeed Yousaf, “Legal and Institutional Dynamics of Forest Management in Pakistan,” Journal of Sustainable Development Law and Policy 5, no. 1 (2009), https://www.mcgill.ca/jsdlp/files/jsdlp/5_1_2_yusuf_0.pdf, (accessed April 27, 2016), 52. 14
Ministry of Climate Change, Government of Pakistan, Draft National Forest Policy 2015, http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9TTU5fRm9yZXN0X1BvbGljeV9GZWJfMTAucGRm, (accessed April 21, 2016). 15
Moeed Yousaf, op cit., 54.
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o Massive afforestation program
Periodic assessment by independent third party monitors
o Integration with the economic sectors
Mandatory Environment Impact Assessment
o Ecological corridor16
Trans-boundary ecological corridor shall be established along Pakistan-
China Economic Corridor in 5-10 km wide strip which later on may be
extended to Afghanistan and Central Asia
Wise use of wetlands including Ramsar sites17 by designating agencies
Preventing deforestation
o Regulating inter-provincial timber movement, commerce and trade
Routes shall be defined for the movement of timber
National regulatory authority shall be established to regulate inter-
provincial movement of timber
Adoption of a timber certification system
Assistance from armed forces and law enforcement agencies to control
forest related crimes
o Reduced Emissions from Deforestation and Degradation (REDD+)18
Implementation of REDD+ in accordance with international agreements
Forest ownership and rights
o Purchase of privately owned and communal forests
Promote integrated use of forests, wildlife and biodiversity management
o Synchronizing the effectiveness of forestry and wildlife departments
o Legislation for control of invasive alien species
International obligations and opportunities
Scientific planning, policy & legal reform
o Provision of a national platform to all federating units, for exchange of
knowledge and experience relevant to forest policies and laws
o Provision of necessary advice to federating units to make their relevant policies
and laws harmonized and conforming to international agreements
National institution for research, education, training and monitoring
16
Ecological corridor or Biological corridor is a continuous geographic extent that links ecosystem, both spatially as well as functionally, to restore the connection between habitats that are otherwise fragmented by natural causes or human development. Through the connection of fragmented habitats, the viability of animal and plant species is improved by enlarging habitats. 17
Ramsar Sites are “wetlands of international importance” contained in the Ramsar List maintained under the International Convention on Wetlands of International Importance, commonly known as Ramsar Convention for the city in Iran where the convention was signed in 1971. Currently, there are 2,200 Ramsar Sites around the world. Pakistan became party to this convention in 1976, and currently hosts 19 Ramsar Sites on its territory. 18
REDD+ is a strategy to incentivize those actions aimed at reducing emission of carbon dioxide. Its legal basis rests in the Cancun agreement of the United Nations Framework Convention on Climate Change (UNFCCC). According to the Convention, REDD+ would be implemented in three phases including readiness, piloting and results-based payments. In Phase three, which is expected to be started in 2020, forest communities would get results based payments for quantified and verified emission reduction from forests.
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o A national institution shall be established in Islamabad to promote advance
research in forestry, biodiversity and allied disciplines
o National institution shall develop and maintain updated databases related to all
aspects of forestry, biodiversity and allied disciplines, conduct periodic national
forest assessment and publish state of forest report after every two years.
Economic coordination and sustainable financial support
o Reflect in Five Year Plan/Mid Term Development Framework/Perspective
Plans
o Allocate PSDP funds for Provincial afforestation programmes and projects
o Mobilization of international funds from multilateral and bilateral sources
o Facilitate Results-based payments under REDD+
Implementation mechanism
o Reactivation of Federal Forestry Board under the chairmanship of Minister for
Climate Change
o The policy will be reviewed after five years of implementation
Way Forward
The track record of the forest policies in Pakistan reveals that the area of forestry has not
received due attention at the highest level. Obvious result is a weak legislative as well as
governance structure, often considered to be reminiscent of the colonial era and unable to meet
the current challenges. Apart from the problem faced at the domestic level, such state of affairs
becomes problematic at the international level. The recent developments at the global level,
characterized with ever increasing interest in climate change and related areas necessitate the
existence of up to date information, laws and institutions meant to tackle with these challenges.
This is all the more important for Pakistan which is among the top most vulnerable countries in
the world. Pakistan has heavily suffered in the form of floods and unexpected shifts in climatic
patterns in recent years. Resultantly, an already meagre source of forests in Pakistan has suffered
severe brunt. For example the coastal mangrove forests which make up 3% covering 132,000
hectares of the forest area in Pakistan, are under significant threat of destruction due to
“increased intrusion of sea water into the Indus Delta as a result of sea level rise caused by
climate change.”19
The absence of an approved national forest policy in itself is one of the major challenges forestry
sector has been facing in the country. Coming up with an initiative such as the draft National
Forest Policy 2015, hence, is highly appreciable. It also provides an opportunity to look again at
the legislative framework in order to make necessary improvements in this regard. For instance,
Pakistan’s Voluntary National Report (2014) to the 11th Session of the United Nations Forum
(2015) on Forests admits that “existing forest laws are incapable of meeting objectives of
international obligations related to Sustainable Forest Management.”
19
Planning Commission, Government of Pakistan, “Task Force on Climate Change: Final Report,” (February 2010), http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9NT0MvUHVibGljYXRpb25zJTIwb24lMjBFbnYlMjBhbmQlMjBDQy9jbGltYXRlJTIwY2hhbmdlL1RGQ0MlMjBGaW5hbCUyMFJlcG9ydCUyMDE5JTIwRmViJTIwMjAxMC5wZGY%3D, (accessed April 20, 2016).
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Although forestry is a provincial subject, yet the integrated nature of the challenge requires an
integrated approach at the national level to deal with the situation. Also keeping abreast of with
the international developments in the area of climate change and forestry cannot be done on
individual basis.
Provision of necessary information plays a crucial role in the policy planning. The lack of
adequate information weakens the ground of the policy to be formulated. Due to absence of
recent data from credible sources, varied claims exist regarding the forest cover in the country.
The draft policy cites 2004 figures to mention the forest cover area in the country. Going
through an exercise like formulating a National Forest Policy involving all the provinces,
provides an opportunity to make a fresh assessment of Pakistan’s forest resources. Nevertheless,
it is encouraging that the policy acknowledges the information gap and envisages the
establishment of National institution for research, education, training and monitoring to fill this
void.
One of the biggest challenges in curbing deforestation is the weak governance structures and law
enforcement mechanisms, which allows the timber mafia to flourish at the cost of the wellbeing
of the poor and marginalized population of the local communities. Appreciably, the draft Policy
envisages the involvement of law enforcement agencies and even the armed forces to control
forest related crimes. However, the practicality of such idea has yet to be established, given the
preoccupation of armed forces on several fronts within the country as well as on eastern and
western borders. Also there is a segment of the society which opposes the expansion of the
mandate of armed forces in non-military sectors and advocates the strengthening of civil law
enforcement agencies to carry out such duties.
The idea of natural endowment should make the bedrock of the forest policy. Pakistan is among
those countries with lowest forest cover area. Apart from deforestation there is something
natural in it for the geographical or topographical makeup of the country which cannot support
vast tract of forests. The mass afforestation programs incorporated in the Policy must take into
account these natural factors.
The draft National Forest Policy 2015 has comes at a historic moment when the third tier of the
government, i.e. the local government is functional under a civilian government. As a policy
measure for the mass afforestation program the draft Policy states that the “Federal and
Provincial Governments shall support local government in implementation of their respective
afforestation and forest protection programmes and projects.” Local governments owe great
potential for engaging the local communities which make the most important stakeholder in
relation to forests. These poor and marginalized sections of the society depend wholly on forests
for their livelihood and most often due to lack of voice at the highest levels, they remain unable
to find their place in the policy process. Local governments should be involved to bridge this
gap.
Forestry directly relates to the poverty level of the local communities depending on forests for
their livelihoods.20 In this regard the forest policy should be devised in a manner in which
20
20
Moeed Yousaf, op cit., 52.
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poverty alleviation complements the conservation strategy. Recognizing the potential forestry
owns in poverty alleviation, some countries as well as international donors are revising forest
policies to take into account rural development and poverty alleviation. This trend can be
effective in sustainable development and livelihood security.21
21
Babar Shahbaz, Tanvir Ali & Abid Qaiyum Suleri, “A critical analysis of forest policies of Pakistan: implications for sustainable livelihoods,” Mitigation and Adaptation Strategies for Global Change (2006), http://www.lead.org.pk/msd/attachment/reading_material/Critical_Analysis_of_Forest_Policies_of_Pakistan.pdf, (accessed April 22, 2016).
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OPINION
Engaging Civil Society for a Constructive Dialogue on Population and Fundamental Rights
Ms. Tehseen Khalid (Senior Research Officer, PIPS)
A. Socio-cultural challenges associated with Population Planning:
Challenges in Pakistan’s wellbeing have been escalated due to continuously growing
population. These include access to education, unemployment, malnutrition, access to
health services, higher dependency ratio, low income per capita, high inflation, low living
standards, pollution, access to basic amenities of life etc.
The population of Pakistan according to UN estimates is 192,458,864 on May 30, 20161.
According to latest Economic Survey 2014-15 Pakistan is the sixth most populous
country with a projected population of 191.71 million and 1.92 % growth rate per
year2. If the population continues growing in this manner, it is estimated that Pakistan
would become the 5th most populous country by 2050 in the world ranking3.
Family planning Initiatives in the country started with the foundation of Family Planning
Association of Pakistan (FPAP) in 1953 which is now called “Rahnuma”. Country’s’ first
family planning scheme was part of third five year plan (1965-1970) which became
template for all family planning strategies. Later international donor community also
spent on Pakistan’s Population program. This program received political support from
1988 to 2002. Being the signatory to the Program of Action developed at the
International Conference on Population and Development at Cairo in 1994,
Pakistan pledged to provide universal access to family planning by 2010. But due to
instability in the country for a long period of time, this program could not run effectively.
Although Pakistan was the first country in Asia, which started its family planning
program, yet it has now the sixth largest population of the world which reflects the slow
progress of this program in the country. The Total Fertility Rate (TFR) in Pakistan has
declined from 5.4 children per women to 3.2 per women. Yet it is highest among South
Asian region except Afghanistan4. Decrease is rapid in urban areas (35%) as compared to
rural areas (25 %)5.
Today one-fourth of the Pakistani women use contraceptive. According to the latest
Contraceptive Performance for the year 2014-15 in terms of Couple Years of Protection
(CYP) has decreased by 7.2% in comparison with the last year 2013-14. The CYP has
1 World Meters, http://www.worldometers.info/world-population/pakistan-population/
2 Ministry of Finance, Pakistan Economic Survey 2014-15, Available At:
http://www.finance.gov.pk/survey/chapters_15/12_Population.pdf 3 http://www.pk.undp.org/content/pakistan/en/home/countryinfo/
4 Ministry of Finance, Op. cit.
5 National Institute of Population Studies, Pakistan Demographic Health Survey 2012-13.
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also decreased in Provinces. The overall Contraceptive Prevalence Rate (CPR) during
2014-15 is 25.74% which is lower than 27.41% in the year 2013-14. 6
Socio-cultural Challenges associated with Family Planning
It is well known that no country can prosperous without reduction in its population
growth rate. In Pakistan, the need for lowering growth rate is more urgent. However
there are socio-cultural challenges associated with population planning.
a. Political Upheaval: Although the move to control exponential population
growth started in early 1960’s in the country but the political turmoil stalled the
progress of the program. Consistency and continuity of the democratic system
can improve the performance of the existing programs.
b. Religion: Religion remains central to the discourse and some religious leaders
oppose family planning. Muslims also believe that “Allah is Raziq” He provides
food to every soul. Sometimes couples also cite religion for avoiding birth
control. However there is a positive sign that some religious leaders have begun
discussions in their communities and are in favour of population planning as
wellbeing of child and proper upbringing is prior responsibility as envisioned in
Islam.
c. Decision Making: The dynamics of decision making also creates barrier to
access. The male members of the family have the final decision making power
regarding reproductive health. Various studies have identified the role of husband
and mother-in-law on family planning and stressed on the importance of
communication between spouses regarding the use of contraceptives. Analysts
are of the opinion that some NGOs are making efforts to target males through
advocacy, but little could be achieved.
d. Status of Women and autonomy: Another reason associated with family
planning/ population planning is women’s low status and limited autonomy in
the society. In our society women generally do not have liberty to raise their
voice especially when it relates to their pregnancy. They have limited autonomy
to decide about birth spacing.
e. Access to health care facility: The average distance between reproductive
health care facilities especially in the rural areas of Pakistan also poses great
impact on the use of services of health care providers.
f. Attitude towards the use of contraceptives: The common attitude towards
modern family planning in Pakistan is that is “it a Western convention that
offends Islam”. But a verse from Holy Quran states
"Mothers shall nurse their children two complete years for whoever desires
to complete the nursing term."
Thus Islam allows a woman to breast feed a child and interfere pregnancy.
Moreover, some people avoid using contraceptive because they believe that
contraceptives have side effects.
g. Early Marriages: There is a trend of marriage at early age in the Country.
Especially females get married at a very young age between 15-24 years. Early
6 Pakistan Bureau of Statistics, Contraceptive Performance Report 2014-15.
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marriages result in greater number of pregnancies and as a consequence
population increases exponentially.
h. Lack of Awareness: Lack of awareness about the range of family planning
methods is one of the factors which effects population planning. On the other
hand increased awareness regarding birth spacing not only improves maternal
and child health but also aids in population control.
i. Lack of Education: Education, especially women education is a key to control
population. The trend of educating women is lower in Pakistan. Educating young
girls can be a best policy for reducing family size and fertility rate.
j. Shortage of Contraceptive: Although government has developed a larger
infrastructure for provision of healthcare services but the decrease in Couple
Years of Protection (CYP) in the latest Contraceptive Performance Report 2014-
15 was linked with shortage of technical staff i.e. Family Welfare
Councilors/Workers and Women Medical Officers, coupled with some other
factors like engagement of staff in refresher training; low clientage due to severe
weather conditions & heavy rains; shifting of Family Welfare Centers to Health
Outlets and insufficient contraceptive availability in some districts7. Government
must take effective steps to rule out all these problems.
Availability of Contraceptives is of prime importance among all. There is a
central ware house in Karachi from where the contraceptives are distributed
throughout the country. Pakistan is still dependent on donor funds for
procurement of contraceptives. At 2012 London Summit on Family Planning,
Pakistan has already committed to increasing the contraceptive prevalence rate to
55% by 20208. Therefore, under the auspices of FP2020 movement government
must focus on procurement of contraceptives especially at national and regional
level to control population growth rate. At this point there is a need to focus on
increased local production and self-reliance. Local production of pills and
injectable is already underway. There is a need to encourage pharmaceutical
companies for production of local contraceptives and for this purpose incentives
must be given to the manufacturers.
B. Avenues for meaningful Parliamentary interventions to address population
planning:
1. Parliament is the legislative, oversight and policy making body of a country. Therefore it
can influence the existing policies, introduce new legislation and propose amendments in
existing laws. It can affect the working government by
scrutinizing the bills referred to the Parliamentary committees by the Parliament
Passing new legislation and proposing amendment in existing legislations
Securitizing public expenditures and sums spent during the Financial year
Monitoring the government policies and projects
Generating debate in the parliament
Asking questions
7 Ibid.
8 Ibid.
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Moving calling attention notices
Influencing allocation of funds in the budget
2. Political Commitment: Strong political commitment can put population at the centre
of Pakistan’s development planning by stakeholders like population welfare departments,
Finance department, health department, NGOs etc. The family planning needs to be
repositioned in policy dialogues and development in order to convince these stakeholders
which is also closely related to maternal and child health as well as population control.
3. Parliament to help develop a National Narrative focusing on “family planning
and well-being of child,” rather than birth control: Members of Parliament are public
representatives who have wide outreach and following within party and big
constituencies. They can engage local and national civil society, media at large, religious
leaders, icons and role models as well as the platform of National parliament and
provincial assemblies to revive a National Pakistani narrative emphasizing the intense
need to plan families for sustainable well-being of coming generation and providing
necessities of healthy and happy life including nutrition, health, quality education and
employment in the longer run to make them productive citizens of the society.
4. Post 18th Amendment Scenario: In the current scenario, as a consequence of 18th
amendment, the population welfare department which was once called “Ministry of
Population Welfare” is now operating in each province. Ownership at provincial level is
the key to success. Several steps can be taken to make family planning programs more
effective
i. Increase in allocation of funds to this program: By increasing allocation
of funds the service delivery will be improved and resources could be
utilized in an effective manner. MPs can sensitize government to increase
allocation of fund to the population welfare departments.
ii. Strengthen partnership with other stakeholders: The program can
significantly improve its service delivery by integration of components
and coordination with health sector. The program can be further
strengthened if NGOs sector is brought in close collaboration with the
Government and public-private partnership be promoted.
5. Role of SDGs Secretariat: The situation has aggravated because Pakistan remained
unable to meet global MDGs targets which ended in 2015 and now the world has moved
to sustainable development goals (SDGs). Most of the SDGs targets directly relate to the
population and can only be achieved if we have proper population planning. Some of
these goals are:
End poverty in all its forms everywhere
End hunger, achieve food security and improved nutrition and promote
sustainable agriculture
Ensure healthy lives and promote well-being for all at all ages
Ensure inclusive and equitable quality education and promote lifelong
learning opportunities for all
Achieve gender equality and empower all women and girls
Ensure availability and sustainable management of water and sanitation for all
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Ensure access to affordable, reliable, sustainable and modern energy for all
Promote sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all
SDGs Secretariat established in the National Assembly thus has a central role because it
is a connecting link between the federation and provinces. MPs of National Parliament
and all provinces can sit together to devise a consensus based strategy for population
planning. This forum can create a high level advocacy through dialogue with all the
stakeholders including government, civil society and public at large. MPs can influence
policy making by initiating and passing consensus based bills in the Parliament and also
influence budgeting and allocation of funds.
6. Linking Human Rights with Population Planning: The goals set in SDGs are linked
to the basic human rights i.e., access to food, health care services, education, safe
drinking water etc. A state can only provide these basic human rights if it has a limited
population. Unnecessarily growing population hinders the economy and progress of the
country. MPs should focus on human rights and propose legislations which can cater for
both i.e., human rights as well as population planning.
7. Promoting Women Education: Investing on women education is imperative. It will
not only increase women’s participation in society, in labour force, economy but also
bring a positive change in terms of achieving goals of lowering fertility and transforming
values about ideal family size.
8. Strengthening National Health Systems and departments: National Health systems
can be strengthened by reviewing the existing frame work and policies of the country.
Relevant Standing Committees have the powers to review the policies and suggest ways
to improve the existing policies. MPs can also devise mechanisms to strengthen National
Health systems and departments. In addition, LHWs are working in Pakistan who
provide door to door health and family planning services, supplied with oral and
injectable contraceptives and condoms to distribute to their communities. Effective Steps
should be taken regarding recruitment of more lady health workers and rationalization of
wages for their retention in the service. Addition of Male Mobilizers could be effective
because they can advocate males about using contraceptives more effectively as
compared to females.
9. Census: Last but not the least, most grave issue remains that demographic census was
held only in 1998 and due to yet another postponement of new census in 2016, any
attempt to make accurate policy intervention on population planning and to pro-actively
start a national narrative on Population will be equivalent to day dreaming.
10. It is high time that all parliamentary and societal stakeholders rise above all
exigencies to start a pro-active implementation of a National Narrative on
population planning for a progressive sustainable future of Pakistan’s coming
generation.
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CONCEPT & OPINION
Integrated/Hybrid Model of Legislative Drafting: Impact of Policy
Research on Legislative Drafting
Kashif Mahmood
(Deputy Director Legislation Wing, PIPS)
Pragmatic public policy can be explained as the manifestation of an objective. The use of the word
“policy” by a legislative counsel is therefore intended to mean the objectives of the governing party of a
State in relation to each distinct legislative proposal enunciated by it. These objectives are described as the
policy for which the executive gives its approval and which is then required to be transformed into law in
order that the governing party may then implement such laws and thereby prove to the general public,
which is its electorate, the soundness of the policies expressed in its election manifesto. Indeed there are
religious policies, social policies, political policies, economic policies, education policies and so on, which
are born out of election manifestos and which are paraded by the would-be parliamentarians to convince
the voting population of a country into voting for a particular political party at a forthcoming election.
As such, policy is a tool and even at times a weapon in the hands of politicians, administrators and
governments the world over. It is therefore correct to say that the primary function of a legislative
counsel is to transform governmental policy into understandable and implementable laws: to be
responsible for the preparation of primary legislation. Thus in relation to a Government in a
parliamentary state, the onus of making policy and manifesting such policy rests with the Executive arm
of the Government. Here the study digresses for a brief moment to recall the Doctrine of the Separation
of Powers, which is the backbone of the Westminster system of Government and which is also applicable
to Pakistan.
The main feature of this system is the compartmentalization of the three main arms of governance or the
holy trinity of good governance: Parliament, the Executive and the Judiciary. The function of the
Executive is to conceive/make policy and manifest such policy; the function of Parliament is to enact
legislation giving effect to such policies; the function of the Judiciary is to interpret the legislation enacted
by Parliament on the basis of the policies conceived/made and manifested by the Executive. Thus the
policy relating to any subject which needs the attention of the legislature will, once approved by the
establishment division or concerned ministry then for a formulation of a pragmatic action vaguely
introduced in either house by a spontaneous process of drafting. This study identifies the contemporary
practice of transformation of public policy in to legislative bill as a blurring phase of governance, a void
where all the parameters of governance seem to be failed. This study intends to focus on this void to find
out a way forward to formulates an integrated system of legislative drafting in Pakistan
Core Areas of Concerns
1. What are good drafting instructions and how can policy officials be instructed on preparing them?
2. What are the benefits of integrated model and the challenges of maintaining it? There are pro‟s and
con‟s of maintaining the line between policy-making and legislative drafting. But the exigencies of
modern drafting would sometimes require a drafter to deviate from the traditional role in order to
discharge these functions more effectively/efficiently.
3. Whether such proposed course of action is compatible with separation of power theory
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4. What is an integrated/ hybrid legislative drafting model and what are its benefits? What kind of link at
has with ROCCPPI (Rule, Opportunity, Capacity, Communication, Process, Psychology and Impact)
Model
Methodology used to locate pragmatic problem identification for analogous Legislative Drafting
The following nine methods can be resorted to draft an integrated and pragmatic legislation to achieve
legislative intents and objectives in a given society.
(1): The Problem Cause Analysis The Problem cause or „root- cause‟ analysis is an investigation and
identification of an issue with the help of problem cause diagram also known as „Fishbone diagram‟ or
concept diagram. It elaborates the core issue, its linkages to other problems; reasons and effects, firstly by
elaborating a problem-cause tree made for visualization method. This model would also elaborate the
ranking of causes directly attach to the problem. The theoretical ranking also helps this study to build a
theory, which needs further research. It is a tool of qualitative research with social mapping and Venn
diagram as well as flow diagram techniques for plausible and comprehensive deliberation about a
particular phenomenon, as well as to understand its cause and effect relationship.
(2): The Logical Framework Analysis Logical Framework Analysis is an analytical process for
structuring and systematizing the research. It was developed in the late 1960‟s, and has been adopted as a
project planning and management tool. In logical framework, approach a set of design tools for planning,
designing, implementing, monitoring, and evaluating the impact of Legislations. Log frames give a
structure, logical approach to setting priorities, and determining the intended purpose and results of
research. Logical framework deals with the problems and stakeholder‟s analysis regarding the impacts of
Legislations. It contains, aims of the legislation, its anticipated long term objectives, short time
outcomes and structural activities/inputs.
(3):PESTL ANALYSIS PEST analyses mean the "Political, Economic, Social, Technological and Legal"
analysis. This qualitative method describes a situational path to understand a scenario of political,
economic, social, technological and legal factors. The PESTL analysis deals with the study of a particular
environment with respect to a specific situation which elaborates all the eventual circumstances in a
defined time and space. The five-dimensional study of an overall environment helps to understand its
systems and subsystems for a respective policy action and legislation. It also appears a pragmatic tools for
parliamentary oversight to achieve accountability in governance and administration.
(4): SWOT ANALYSIS This strategic tool can also be used in every sphere of the human life, it is
usually helpful to understand phenomena by brain storming on its pros and cons. This segment of study
would deal with the policy analysis and implanting process by keeping in mind the strength, weaknesses,
opportunities of legislative process
(5): TOWS ANALYSIS The TOWS Matrix is a systematic analysis, which matches and compares
Internal Strength with Opportunities and Threats, External Weakness with External Opportunities and
External Threats of this research. Through this Matrix, the research analyzes the competitive situation by
four distinct sets of strategic alternatives. TOWS analysis is divided into four categories; such as The
“Maxi-Maxi” Strategy, “Maxi-Mini" Strategy, The "Mini-Maxi" Strategy , The "Mini-Mini"
Strategy
(6): SURVEY ANALYSIS The survey is a non-experimental, expressive, and communicative research
method. The survey rational of this study is based on qualitative method, which is helpful to build a
theory. It is useful when a researcher wants to collect data on that phenomena and problem that cannot
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be directly observed. Surveys are used widely in social sciences, information sciences, and management
science to review attitudes and characteristics of subjects. There are some important types of surveys such
as cross- sectional surveys, which are helpful to collect information at single point and the longitudinal
time series surveys, collect information at different periods. This research would deal with the cross-
sectional survey based on random sampling of a focused group to check the trends
(7): EMPIRICAL ANALYSIS: Regression analysis is for prediction and for forecasting the behavior of
variables. In regression analysis, dependent variables can be metric or non-metric and the independent
variable can be metric, categorical, or both a combination of metric and categorical. The method, which is
used to calculate the parameters, is OLS Method. The general equation of OLS (Ordinary Least Square)
Method is: Y = α + β X + Є
Y = Disposal of cases (dependent variable)
X = Institution of cases (independent variable)
Here α shows the intercept of the equation, β shows the slope means rate of change in independent
variable “institutions of cases” and Є error term of the model. The model, which is under consideration,
is about a relationship between problem identification and a consequent legislation
(8): The Kite Model: To achieve legal pluralism a four dimensional approach is used to draft a pragmatic
law. In this model, competing interests of natural law, indigenous social concerns, universalistic approach
of common law and International human rights and humanitarian laws are attempted to get a legislative
harmony in a fragmented society.
(9): Therapeutic Jurisprudence in Legislative Drafting: As a catalyst to enforce Human Rights with
Dignity, Therapeutic Jurisprudence(TJ) can be put into practice by focusing on the implementation of
therapeutic jurisprudence in different fields of law especially the mental health law, family law, child
custody law, labour laws and other social security law. Similarly it inquires that how therapeutic
jurisprudence can be implemented in Pakistan judicial system to protect the human rights of vulnerable
segment of society. Moreover there are inmates spending time in jails who are not criminal with criminal
intents, rather are deviants due to specific mental disorder. Seriously mentally ill offenders make up a
disproportionate number of inmates and tend to be in and out of jail frequently often for minor offenses.
Hence Therapeutic Jurisprudence in legislative drafting comes for the help of those who are being wasted
in jails and becomes a burden on the economy of a country.
Therapeutic Jurisprudence is the study of the rule of law as a therapeutic agent.1 Within this concept
the role of lawmakers, lawyers and judges during adjudication is of serious concern.2 Professor
Christopher Slobogin defined therapeutic jurisprudence as “the use of social science to study the extent to
which a legal rule or practice promotes the psychological and physical well-being of the people it affects.3
Consequently in the family law context, this concept of the law as a therapeutic agent is particularly
1 GREG BERMAN & JOHN FEINBLATT, GOOD COURTS: THE CASE FOR PROBLEM-SOLVING JUSTICE 49-50 (2005)
[hereinafter BERMAN & FEINBLATT, GOOD COURTS] (citing LAW IN A THERAPEUTIC KEY: DEVELOPMENTS IN THERAPEUTIC JURISPRUDENCE xvii (David B. Wexler & Bruce J. Winick eds., 1996)). Therapeutic jurisprudence has also been defined as the study of the extent that the law affects the physical and psychological interests of individuals in a community. 2 see JUDGING IN A THERAPEUTIC KEY: THERAPEUTIC JURISPRUDENCE AND THE COURTS 7-8 (Bruce J. Winick &
David Wexler eds., 2003) (explaining that the “anti- therapeutic consequences” relate to emotional and psychological issues confronted by the court in some cases, and the affect that the court has on these issues). 3 Christopher Slobogin, Therapeutic Jurisprudence: Five Dilemmas to Ponder, 1 PSYCHOL., PUB. POL’Y & L. 193,
196 (1995), reprinted in LAW IN A THERAPEUTIC KEY, 767.
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relevant to situations where families experience intra- or inter-family crisis. Envisioning the court's role in
these family crisis situations as that of facilitating more positive relationships or outcomes and of
strengthening families' functioning, or a "prescriptive focus,' seems particularly appropriate. Liberalized
divorce laws' especially in UK have encouraged a therapeutic focus by some professionals involved in
these cases, thereby providing an example of the relevance of therapeutic jurisprudence to family law. As
the legal focus in these divorce cases has shifted away from questions of fault surrounding marital
breakup, the mental health profession's emphasis has centred on the effects of divorce on family
members. In turn, these professionals have advocated therapeutic intervention in the legal aspects of
divorce in an attempt to transform the process to a more positive experience." This therapeutic focus in
divorce served as the basis for many states to create conciliation courts with the advent of the liberalized
divorce laws. These courts provided separated or divorcing couples with marital counselling.' States
justified the creation of the courts by asserting their need to provide services to families to ease the
families' crises.' The role of the legal language as well as court system was therapeutic in a way that the
system attempted to assist families to adjust more positively to the post-divorce context can look to
proponents of therapeutic jurisprudence in the field of mental health law
Now as far as Pakistan is concerned, its legal system has a number of laws that deal with
juveniles.4 The latest enactment is the Juvenile Justice System Ordinance, 2000 which fortunately
incorporates in it the Therapeutic Jurisprudence principles, especially, when it says that if a child is
committed for an offence, said child may be released on probation for good conduct and the court can
place such child under the care of a guardian executing a bond for good behaviour and well-being of the
child.5 Therapeutic Jurisprudence in Pakistan can‟t be possibly enacted at once but it can be adjusted
within our legal system.
This law introduces therapeutic jurisprudence in Pakistan. It is motivating and surprising to note
that that the terms “well-being”, “bond for good behaviour” and “Court-controlled probation” used in
this law are important words for TJ community and courts everywhere in the world wherever Therapeutic
Jurisprudence is practiced in this way, a great responsibility shifts on the shoulders of judges, lawyers,
psychologists and other actors of judicial and legal system to understand properly the concepts of TJ and
how it can suitably be practiced in Pakistan. For this reason, law of probation6 needs to be read together
with the Juvenile Justice System Ordinance 2000 so that alternative sentencing regime can efficiently be
introduced for rehabilitation and well-being programs.
The juvenile delinquency was recognized in this country as early as 1860 when the Pakistan Penal
Code was passed in the subcontinent. The sentencing principles provided in the PPC7 only deals with the
major fractions of sentences. There is no mention and requirement regarding any therapeutic
consideration for sentencing juveniles. It is, nonetheless, held by the Lahore High Court that “matter of
sentencing of a young offender always received a careful and generally sympathetic consideration by the
courts keeping in view special features of particular cases”.8
4 Sections 82 and 83 of Pakistan Penal Code (PPC), 1860; sections 29-B, 401 and 514-B of the Code of Criminal
Procedure (CrPC), 1898; the Reformatory Schools Act, 1897; the Punjab Borstal Act 1926; the Good Conduct Prisoners Probational Release Act, 1926; the Punjab Children Ordinance, 1983; the Punjab Youthful Offenders Ordinance, 1983; the Sindh Childrens Act, 1955; the Sindh Borstal Schools Act, 1955;Lahore High Court Rules and Orders, vol.III, Chapter 22; the Probation of Offenders Ordinance 1960; the Juvenile Justice System Ordinance 2000. 5 Sec.11 of the Juvenile Justice System Ordinance, 2000.
6 The Probation of Offenders Ordinance, 1960.
7 Sec 82 and 83 of Pakistan Penal Code.
8 Farooq Ahmad v. Federation of Pakistan, PLJ 2005 Lah 1.See also “Instructions to the Criminal Courts”, Rules
and Orders of the Lahore High Court Lahore,1996, vol. III, Chapter 19-A, which provides that “the measure of
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Very important provision in the Code of Criminal Procedure (Cr.P.C) needs mention here so that
we can know the potential of use of law in a therapeutic way. It is S. 401 of the Cr.P.C. that deals with the
power of the government to suspend or remit sentences passed by the courts. The part of the judge has
been made very important under this provision because whenever government is asked through an
application to suspend or remit sentence of any convict, the government has to refer the matter to the
presiding judge who convicted the accused for his opinion as to whether the application should be
granted or refused. The judge is made bound to state his reasons for the opinion he will form9. It is to be
noted here that until a full-fledged Therapeutic Jurisprudence oriented juvenile court is not established
through the process of law10, such types of enabling provisions can greatly help to implement Therapeutic
jurisprudence strategy where only the action is required by the legal actors using the Therapeutic
Jurisprudence lens.11
The Probation of Offenders Ordinance 1960 has also Therapeutic Jurisprudence potential in its
application. This law has TJ compatible provisions where the probation can be judge-controlled as
compared to traditional probation-officer controlled. Seeing this law through „TJ lens‟, it is found that
s.5(2) of this law provides that while making probation order, the court may also direct that the bond shall
contain such conditions as in opinion of the court may be necessary for securing supervision of the
offender by the probation officer and also such additional conditions with respect to any other matter
which the court consider necessary for preventing a repetition of the same offence, or commission of
other offences by the offender and for rehabilitating him as an honest, industrious and law-abiding
citizen.
The Juvenile Justice System Ordinance 2000 in Pakistan has sufficiently incorporated Therapeutic
Jurisprudence provisions in this latest legislation. It is another matter that the legal community has yet to
be educated as to how this law is to be implemented in its letter and spirit, which is nothing else but the
application of therapeutic jurisprudence principles.
From many writings and research papers on TJ in Pakistan, it is understood that the absence of TJ
literature is a great obstacle in additional development of TJ concepts in Pakistan. For the implementation
of therapeutic jurisprudence in Pakistan legislative proactivity is required. It necessitates familiarizing and
sensitizing legislatures and drafters to treat social issues in a restorative manner under incentivizing
manner rather than punitive manner
punishment in any particular instance depends upon a variety of considerations such as the motive for the crime, its gravity, the character of the offender, his age, antecedents and other extenuating or aggravating circumstances, such as sudden temptation, previous convictions, and so forth, which have all to be carefully weighed by the Court in passing the sentence.” (p. 131 of LHC R&Os). 9 See s.401 (2) of CrPC.
10 Munir, Muhammad Amir. “Proposal for Establishment of a Drug Treatment Court in Pakistan”, 2005.
11 Ibid.
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ANALYSIS
Pakistan: Friend or Foe in the Fight against Terrorism?
Hamza Hashim
(PIPS Associate)
TOPIC/Issue Background
On 12th July, 2016, the House Foreign Affairs Committee of the United States Congress held a
joint Subcommittee hearing, with the involvement of the Terrorism, Nonproliferation and Trade
subcommittee and the Asia and Pacific subcommittee - titled “Pakistan: Friend or Foe in the
fight against terrorism?”1
The speakers included Mr. Zalmay Khalilzad, currently Counselor at the Center for Strategic and
International Studies, Mr. Bill Roggio, Senior Editor at the Long War Journal and Tricia Bacon,
Assistant Professor at American University. Statements were made at the hearing by the Chair of
the Terrorism, Nonproliferation and Trade subcommittee, Congressman Ted Poe (R-TX 2nd
District) and Chairman of the Asia and Pacific subcommittee, Congressman Matt Salmon (R-AZ
5th District).2
Details:
Statement by the Chairmen of the subcommittees denounced the Pakistani security apparatus for
ties to terrorist networks, citing the killing of the leader of the Afghan Taliban, Mullah Mansoor
in Pakistani territory by a US drone strike as evidence for their claim. Chairman Poe remarked
that “Pakistan’s military intelligence agency, the Inter-Services Intelligence (ISI), provide support
to various terrorist organizations, including the Taliban, al-Qaeda, and the Haqqani network, in a
bid to exert influence over Pakistan’s regional rivals.”3
Mr. Khalilzad’s statements claim that Pakistan is the “principal cause of the ongoing conflict in
Afghanistan” and that the Pakistani state has been playing a “dangerous double game”.4 His
statements deflect blame from the lack of Afghani state capacity and inaction, towards the
Pakistani state for the rampant terrorist networks operating in Afghan territory.
Mr. Roggio’s statements to the Committee5 attribute blame to Pakistan for being “pro-jihadist”.
He states that Pakistan selectively targets only those terrorist networks that pose a threat to the
Pakistani state. He lists six prominent terrorist cells and accuses the Pakistani state of
“support[ing] or tolerat[ing]”: the Afghan Taliban and its subgroup, the Haqqani Network; the
Mullah Nazir Group, Lashkar-e-Taiba, Harakat-ul-Mujahideen, and Jaish-e-Mohammed. His
statement goes on to claim that Pakistan has supported terrorist networks for the purpose of
“strategic depth” to enhance its influence in the region.
1 https://foreignaffairs.house.gov/hearing/joint-subcommittee-hearing-pakistan-friend-foe-fight-terrorism/
2 Ibid.
3 Ibid.
4http://docs.house.gov/meetings/FA/FA18/20160712/105188/HHRG-114-FA18-Wstate-KhalilzadZ-
20160712.pdf 5http://docs.house.gov/meetings/FA/FA18/20160712/105188/HHRG-114-FA18-Wstate-RoggioB-20160712.pdf
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The most detailed comments in the hearing were provided by Dr. Tricia Bacon, Assistant
Professor at the American University in Washington D.C.6 Her statements follow the trajectory
established by the earlier speakers, laying blame on Pakistan for distinguishing between “good
militants” and “bad militants”, and providing safe haven to these groups. She alleges that such
relationships between the Pakistani security establishment and terrorist groups are unlikely to
falter in the future. She claims that Pakistan misidentifies the source of the terrorist problem as
external, and remarks that she is skeptical Pakistan will deal with the militant groups operating
within its territory. The views are not only misleading but contrary to Pakistan’s commitment
against terrorism.
Policy Recommendations
This joint subcommittee hearing is an indicator of a growing displeasure within American
politics of the US-Pakistan alliance, motivated entirely by partisan issues and the imperatives of
the impending presidential elections. Both the subcommittees involved in this hearing are
chaired by Republican congressmen (Congressman Ted Poe has ties to the Tea Party, a right-
wing faction of the Republican party that views with contempt the prospects of cooperation with
Pakistan) – who view the US’ alliance with Pakistan with a misinformed skepticism. Despite the
hearing being titled “Pakistan: Friend or Foe in the fight against terrorism?”, the statements from the
speakers who testified and the Chairmen of the subcommittees never once talk about the
assistance Pakistan has provided to the United States in its war against terror in the region.
1. It is a matter of shame that none among panelists of the Sub Committees had the
audacity to recognize that Pakistan has lost close to 60,000 lives and has spent $118
billion US dollars in the War on Terror since it began7 – a truly mind-numbing figure.
These figures are a testament to the fact that Pakistan has endured significant losses –
both civilian and military, in the War on Terror.
2. With such hearings aimed at creating the public pressure needed to cease congressional
support for US aid to Pakistan, the Pakistani government must act to persuade the
American security establishment and elected representatives alike that without US aid,
Pakistan’s capacity to meaningfully participate in and serve as an ally for the US in the
region is severely diminished.
3. The Pakistani leadership needs to view this hearing as a sign that there is not only a need
for greater civil society engagement in the US to popularize the narrative that Pakistan is
a key ally for the US in the region, but also for active lobbying in Washington.
The following are some recommendations for policy initiatives the Pakistani government can
employ to achieve the goals of their foreign policy with the United States.
i. ELABORATE GOVERNMENT ENGAGEMENT AND PUBLIC DIALOGUE ON
PAKISTAN’s CONTRIBUTION FOR US AND AS FRONT LINE STATE
WAGING WAR AGAINST TERRORISM: The Pakistani Government must engage
with the institutions of American civil society. The lack of Pakistani representation at this
6 http://docs.house.gov/meetings/FA/FA18/20160712/105188/HHRG-114-FA18-Wstate-BaconT-20160712.pdf
7 http://www.dawn.com/news/1262750/pakistan-suffered-loss-of-188bn-during-war-on-terror-says-
dar?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dawn-news+(Dawn+News)
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joint hearing of the House Foreign Affairs Committee is an indicator that Pakistan has
not been able to effectively represent its foreign policy goals in academia, research
institutions and public discourse.
o This opacity and lack of response lends credibility to the accusations levied
against the Pakistani state. If the government sponsors and engages in public
forums, seminars and discussions vis-à-vis Pakistani foreign policy both inside
and outside of Pakistan, space for more informed discussion can be created –
because the Pakistani perspective will be part of the conversation. Currently,
there is no representation of the Pakistani narrative.
o While there are a myriad number of articles, op-eds and analysis pieces on how
divisive and dangerous an ally Pakistan has become for the US, few to no
credible pieces can be found on the internet that explain Pakistan’s strategic
foreign policy objectives and how the government wishes to achieve them.
ii. STRATEGIZING LOBBYING WITH WASHINGTON: The Government must begin
to invest in active lobbying with Washington. This must not only involve the State
Department and the White House; greater emphasis should be placed on engagement
with elected representatives in the House of Representatives and Senate. These members
of Congress must be persuaded about the factual contribution that Pakistan is a key
frontline ally for the United States in the War on Terror, and needs support if the US’
foreign policy goals are to be met in the region.
o The public image and reputation of Pakistan has been tarnished primarily by
unhinged, clearly biased and extremely partisan criticism by US elected
representatives. If these members of Congress can be lobbied and courted,
Pakistan’s reputation among the American public will begin to change for the
positive as we are a nation that fights war against terrorism for a peaceful world
community and resilience and bravery of our people and security apparatus needs
to be acknowledged.
o Greater cooperation between the two nations must be stressed upon – on the
front of both military and civil affairs.
iii. ACTIVE DIPLOMACY IN US: Pakistani academics, diplomats and bureaucrats must
actively interact with news and social media to elucidate and explain Pakistan’s
perspective. The Embassy in the United States must evaluate the possibilities of seminars
and conferences regarding Pakistan’s foreign policy as it concerns the United States, in
major cities within the US – where US and foreign dignitaries, members of civil society
and press, and academics are invited.
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REVIEW
Annual Status of Education in Pakistan
(Annual Report by ASER Pakistan 2015)
ASER (Annual Status of Education Report) is a citizen led initiative that conducts household
surveys across rural and urban locales in Pakistan to compile an annual report. This report,
published every year since 2008, is a comprehensive evaluation of the learning outcomes
achieved by both private and public institutions in Pakistan for the 3-16 year old bracket.1
The report is summarized in the infographics below.2
Figure 1.1. Percentages of 3-5 year olds and 6-16 year olds enrolled, as per ASER’s data set
Figure 1.2. gender differences in common learning outcomes
1 "Annual Status of Education Report." ASER Pakistan. 27 Dec. 2015. Web. 26 July 2016.
<http://www.aserpakistan.org/document/aser/2015/reports/national/ASER_National_Report_2015.pdf>. 2 "Annual Status of Education Report Summary Report Card." ASER Pakistan. 27 Dec. 2015. Web. 26 July
2016. <http://aserpakistan.org/document/report_cards/2015/summary_report_cards/National.pdf>.
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PIPS Parliamentary Research Digest- Volume: 3, Issue: 7 Page 23
Figure 1.3. enrollment percentages for Pakistan’s provinces and administrated areas
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PIPS Parliamentary Research Digest- Volume: 3, Issue: 7 Page 24
Key data from the report is summarized in the following tables.3
Table 1.1. scale and scope of the dataset used for the ASER 2015 National Report (rural)
Scale and Scope of the ASER 2015 National Report
146 rural districts
4,217 villages 83,755 households
258,021 children (3-16 years) 5,650 schools
Table 1.2. enrollment data (rural)
3-5 years (enrolled) 6-16 years (enrolled)
37% 81%
51% boys 49% girls 57% boys 43% girls
70% govt schools 30% private schools 76% govt schools 24% private schools
Table 1.3. gender differences in learning outcomes (rural & 5-16 years)
Learning Outcomes Girls Boys
Can read atleast sentences (Urdu) 42% 49%
Can read atleast words (English) 43% 51%
Can do atleast subtraction (Arithmetic) 41% 49%
Table 1.4. facilities in schools surveyed (rural)
Facilities Govt Primary Schools Private Primary Schools
Teacher attendance (on the day of
survey)
89% 91%
Children attendance (on the day of
survey)
84% 90%
Useable water 60% 82%
3 Ibid.
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School received grants/funds 29% 2%
Useable toilets 52% 78%
Boundary wall for premises 63% 65%
Table 1.5. Enrollment comparison by province (rural & 6-16 years)
Enrollment (6-16 years)
Islamabad - ICT 98%
Azad Jammu & Kashmir 93%
Khyber Pakhtunkhwa 87%
Punjab 85%
Gilgit-Baltistan 85%
FATA 79%
Sindh 74%
Balochistan 71%
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