APPENDIX ON A BRIEF OVERVIEW OF PAKISTAN

Pakistan: A Brief Overview

A. Islamic Republic of Pakistan

Pakistan consists of four provinces (Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan) and the capital territory (Islamabad Capital Territory). In 2018, the Federally Administered Tribal Area (FATA) was merged with the neighbouring Khyber Pakhtunkhwa province. The Pakistani-administered portion of the disputed Jammu and Kashmir region consists of two administrative entities: Azad Kashmir and Gilgit Baltistan. Islamabad is the federal capital of Pakistan. It is located within the Islamabad Capital Territory, which has a population of two million people. Pakistan is the sixth most populous country in the world with an estimated population of 204,924,861 as of July 2017.

B. Historical Overview

Pakistan has a short but turbulent history. The country came into existence on 14 August 1947 when it gained independence from Britain. Pakistan was made up of West Pakistan and East Pakistan, which were geographically separated from each other by Indian Territory. With the partition of British India into Pakistan and India, a great number of Muslim immigrants from India made their way to West Pakistan. Many came from cities, and their aspirations for Pakistan often differed from those of the traditional rural people already inhabiting the region. Conflict between these two groups was and remains an important determinant of the country’s political course and economic development.

There were tensions between East and West Pakistan from the beginning. In 1970, when elections were held for a Constituent Assembly, the Awami League, a political party based in East Pakistan, won an absolute majority. President Yahya Khan rejected the election results, which caused the leaders of East Pakistan to declare independence under the name of Bangladesh in 1971. After a brutal civil war, India intervened and defeated the forces of Pakistan’s central government.

Following the loss of East Pakistan, present-day Pakistan developed a new constitution in 1973. It provided for a government that was republican, federal, multi party, and parliamentary. However, the constitution was put into abeyance in 1977 when General Mohammad Zia ul Haq overthrew the government of President Ali Bhutto and imposed martial law. Bhutto was tried on murder charges and hanged in 1979.

The 1977 military takeover was not the first or last coup in Pakistan’s history. The governance of Pakistan has constituted an important area of conflict between civilian and military leaders for a better part of the country’s history, with the latter governing for longer periods. The constitution was amended 17 times between 1979 and 2002. Many of the amendments were inserted by military leaders who wanted to increase the presidency’s power through greater centralization. 

Civilian administrations experienced significant difficulties throughout Pakistan’s history. Many civilian governments encountered considerable civil unrest and leaders were regularly accused of corruption, which the military leadership frequently used to weaken civilian leaders and remove them from office.  Transitions of power often led to violent clashes. Elections were tainted with violence and intimidation. In 2007, Benazir Bhutto, daughter of the late President Ali Bhutto, registered to participate in the 2008 parliamentary elections as leader of the Pakistan’s People’s Party (PPP), a centre-left party. Previously she had served as prime minister of Pakistan from 1988 to 1990 and again from 1993 to 1996. Both times her tenure was cut short by the military president: the first time through corruption charges and the second when the president dissolved the National Assembly. Before she could participate in the election, however, she was assassinated in December 2007.

Violent street protests followed the death of Benazir Bhutto and the elections were postponed. When the elections were finally held, the PPP was able to form a government with the help of several regional parties. Many observers regarded the outcome of the 2008 election as positive. The European Parliament observer delegation stated that “[w]hile the election had fallen short of best international standards … it had been a significant step forward for Pakistan in its progress towards full democracy.”

During its time in government, the PPP faced many challenges. There was a “marked increase in extremist and sectarian violence, a deepening energy crisis, several natural disasters, and a significant deterioration in relations with the United States.”  Nonetheless, the PPP government acted on a number of electoral promises aimed at strengthening Pakistan’s democracy. Most notably, in April 2010, it introduced the 18th Amendment to the country’s constitution, which granted the provinces more autonomy and removed many of the constitutional changes introduced by military regimes.  Under the new changes, the president no longer has the power to dismiss the prime minister or Parliament. The president’s role is largely ceremonial and generally acts on the advice of the prime minister.

Following the 2013 election, the PPP ceded power to the Pakistan Muslim League Nawaz (PML N), a centre-right party, led by Nawaz Sharif. Mr. Sharif was previously prime minister from 1990 to 1993 and from 1997 to 1999. Both times his civilian led governments were dismissed on the grounds of corruption. Though the 2013 election was “marred by unprecedented levels of violence, intimidation and bloodshed, carried out by militant groups attempting to derail the electoral process and disadvantage certain political parties” it represented “the first time in Pakistan that power was peacefully transferred from one elected civilian government, after completing its full term, to another.”  Previous elections (1970, 1995, 2002 and 2008) either took place after a period of military rule, or after the removal of an elected government by military intervention (1988, 1990, 1993, 1997). Some caution, however, that the military still enjoys strong influence over the civilian government in foreign policy, domestic security, budget allocation for the security apparatus and freedom of speech (i.e., ability to censure critics of the military).

Like previous administrations, the government of Nawaz Sharif encountered numerous challenges. In July 2017, Prime Minister Sharif resigned from his position following his disqualification by the Supreme Court of Pakistan. The Supreme Court’s decision was related to corruption charges founded on the Panama Papers leak. Though many commentators saw his disqualification as repackaged military tactics to oust leaders, others saw it as accountability and transparency taking hold. 

As mentioned earlier, an election was recently help in Pakistan, which saw the Tehreek-e-Insaf party gain control of government. The Panama Papers controversy was a factor during the 2018 election. As stated by the European Observer Mission:

The electorally sensitive timing, as well as the content of decisions of courts investigating or adjudicating on matters related to high-profile Pakistan Muslim League-Nawaz

(PML-N) candidates, were perceived by several stakeholders as an indication of the politicisation of the judiciary. These cases reshaped the political environment ahead of the elections.

While the European Union Observers noted other issues with the 2018 elections, it also underscored important developments. For instance, it emphasized that changes to the Election Act “significantly improved the legal framework particularly by increasing powers for the [Elctoral Commission of Pakistan], introducing greater transparency requirements and measures aimed at enhancing women’s participation.”  While the Commonwealth Observer Group shared similar concerns, it concluded that the “2018 General Election was an important milestone in strengthening democracy in Pakistan.”

C. Pakistan Today

1. Economic and Social Development

Pakistan has large natural gas reserves and a thriving manufacturing sector, but its economy is primarily based on agriculture, fisheries and forestry, which represent 20% of the country’s Gross Domestic Product (GDP). In 2017 the Word Bank Group (WBG) reported that Pakistan made significant progress regaining macroeconomic stability in the last three years. It stated that “the fiscal deficit has shrunk from 8 percent to below 5 percent, international reserves have tripled to over $18b, and the rate of growth has increased by a full percentage point to 4.7 percent.”  The WBG expected growth to continue into fiscal year 2019, “driven by public and private consumption, aided by a steady increase in public investment, especially due to projects under the China–Pakistan Economic Corridor (CPEC).” 

The WBG’s 2018 assessment, however, was a bit more cautious. It stated that:

Pakistan’s growth continues to accelerate but macroeconomic imbalances are widening. Macroeconomic stability is a major concern for the near-term economic outlook. Pakistan’s GDP growth increased by 0.8 percentage points over the previous year to reach 5.3 percent in FY17. Major impetus came from improved performance of services and agriculture sector. Industrial sector also saw some recovery. Low interest rate environment contributed to the growth in private sector credit, which supported businesses. On the demand side, consumption made up almost 92 percent of GDP, and contributed nearly eight percentage points towards GDP growth at market prices. Average headline inflation for Jul-Feb FY18 remained 3.8 percent compared to 3.9 percent in Jul-Feb FY17, well below the target of 6 percent for FY18.

Pakistan has also shown a 36.2% improvement on the Human Development Index  (0.555) between 1990 and 2015.  In particular, life expectancy at birth increased by 6.3 years (to 66.4), mean years of schooling increased by 2.8 years (to 5.1) and expected years of schooling increased by 3.5 years (to 8.1). Also, Pakistan’s Gross National Income per capita increased by about 57.5% (to $5,031 purchasing power parity). 

Though Pakistan has improved in some respects, significant challenges remain. It ranked 147th out 188 countries on the Human Development Index, last in the medium human development category. Compared to other countries, it scored low on education and life expectancy in early childhood and a substantial percentage of the population lives below the poverty line (29.5%).  Pakistan’s economic difficulties also disproportionately affect women and girls who have difficulty accessing basic services such as healthcare and education.   

Pakistan’s economic challenges are exacerbated by internal and external crises. Its dependence on natural resources renders its economy highly susceptible to natural disasters and climate change.  Pakistan ranks seventh on the Global Climate Risk Index of countries most affected by climate change from 1997 to 2016.  In July 2010, flooding “caused a massive disruption to economic activity across the country and it was only in 2012 that growth returned to levels above four per cent.” 

A number of issues have also been identified by various organizations that could threaten Pakistan’s current rate of economic growth in the future, they include: increasing deficit, struggle to maintain foreign reserves, internal and external shock as well as appreciation of the U.S. dollar. Moreover, the International Monetary Fund has raised concerns about Pakistan’s ability to repay loans for CPEC projects, which may have significant implications on future economic growth.

The United Nations Development Programme stated that overall, Pakistan’s

ability to meet its socioeconomic goals rests on its capacity to promote effectiveness, transparency, accountability and responsiveness of public institutions at both federal and provincial/area levels, as well as to increase targeted pro-poor investments and programmes and ensure a stronger equity focus. Key priorities include strengthening democratic institutions and enhancing rule-of-law capacities, structures and mechanisms to ensure greater people’s participation and public trust.       

2. Human Rights and Civil Liberties

Despite significant internal and external challenges, Pakistan has taken important steps to improve civil liberties and human rights. According to the United Nations Human Rights Council’s 2017 Universal Periodic Review (UPR), Pakistan recently:

• Established a Ministry of Human Rights, provincial human rights departments, human rights committees at district level and launched the National Action Plan for Human Rights.
• Ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
• Recognized the constitutional rights of minorities to freely profess their religion and visit their place of worship.
• Recognized the constitutional rights of minorities to freely profess their religion and visit their place of worship.
• Strengthened social protection networks, which provide subsistence allowances to poor widows, orphans, persons with disabilities and the unemployed.

The UPR report also acknowledged the introduction of “laws prescribing penalties for anti women practices, such as rape and acid crime … laws providing social support, such as the Benazir Income Support Programme.”  Additionally, the Hindu Marriage Act and the Christian Marriage Act were recognized by the UPR as an acknowledgment that members of these faith communities have a right to regulate their own marriages.

Despite these advances, many observers underscore a disconnect between Pakistan’s high-level statements and its international commitments to human rights with their implementation. Numerous challenges have been identified by various international institutions including the European Union, the United Nations and international non-governmental organizations. The following concerns were frequently reported:

• Security forces are not held to account for human rights violations, which include torture, arbitrary detention, extrajudicial executions and enforced disappearances. 
• In March 2017, a constitutional amendment was passed by Parliament that reinstated for two years secret military courts to try terrorism suspects. First established in 2015, these courts have been criticized for their lack of transparency and adequate safeguards. Since their inception, a number of people have received the death penalty, and some have been executed. 
• National security concerns are used as grounds to silence oppositional voices, non-governmental organizations, media and activists. Human Rights Watch reports that journalists have been self-censoring following retaliatory attacks from security forces and militant groups. It also stated that media outlets “remained under pressure to avoid reporting on criticizing human rights during counter-terrorism operations.” 
• Pakistan’s blasphemy laws are widely criticized for being overbroad and misused.  According to some reports, they have been invoked to convict people expressing opinions online and to repress religious minorities. In 2017, 19 people remained on death row under Pakistan’s blasphemy laws. These laws were also the subject of numerous recommendations in Pakistan’s UPR
• Vulnerable groups, especially women, girls, religious minorities, and transgender people faced violent attacks, discrimination, and government persecution. Same-sex sexual relations is prohibited under Pakistan’s criminal code. 
• Government authorities continued to pressure Afghan refugees to return to their country of origin.