GOVERNMENT AND POLITICS
Government Overview: The government is based on the much-amended constitution of 1973, which was suspended twice (in 1977 and 1999) and reinstated twice (in 1985 and 2002). According to the constitution, Pakistan is a federal parliamentary system with a president as head of state and a prime minister as head of government. The legislature, or parliament, is the Majlis-i-Shoora (Council of Advisers), consisting of the Lower House, which is often called the National Assembly, and the Upper House, or Senate. National Assembly members are directly elected for five-year terms. Senate members are elected by provincial assemblies, with equal representation from each of the four provinces as well as representatives from the Federally Administered Tribal Areas and Islamabad Capital Territory. Both the Senate and National Assembly may initiate and pass legislation, but only the National Assembly can approve federal budgets and finance bills. However, parliament often has had little real political power. For example, in 2003 the only bill passed by the National Assembly was the national budget.
Executive power lies with the prime minister and president. The prime minister is an elected member of the National Assembly and is the leader of the National Assembly’s dominant party or coalition. However, the prime minister also is appointed formally by the president. The prime minister is assisted by a cabinet of ministers who are appointed by the president on the prime minister’s advice. An electoral college composed of members of the national and provincial legislatures elects the president for a five-year term, and no individual may hold the office for more than two consecutive terms. By law the president must be a Muslim. The president acts on the advice of the prime minister but has the power to prevent passage of non-finance bills and may dissolve the National Assembly if he concludes that the government cannot operate according to the constitution. The Senate, however, cannot be suspended.
Politics in Pakistan often have not operated according to the constitution. The military and Civil Service of Pakistan (CSP) frequently have been the preeminent actors in the country’s power structure, and in 1999 General Pervez Musharraf assumed power in a military coup. Moreover, there has been some concern that Pakistan could become a “failed state” because of the apparent inability of any single entity to control the country, the weakened productivity of a population beset by years of economic difficulties, and continuing problems of communal conflict and terrorism. Ethnic and provincial tensions often are manifested in rivalries between political parties, and several governments have been ended by assassination or military coup rather than by formal, electoral change.
Religion has played an important role in politics, and religious differences have been very salient in Pakistani government and civil society. The government has consistently been faced with tensions of whether and how to synthesize Islamic principles into an essentially secular and Western form of government. Religious differences among politically influential actors have become increasingly prominent since the early 1980s, when politics became more religiously oriented under the rule of General Zia ul-Haq (1977–88). As religious groups’ access to government resources increased, groups competed for political resources and the capacity to promote their approach to Islam, and sectarian divisions often became violent.
Administrative Divisions: Pakistan has four provinces—Balochistan, North-West Frontier Province, Punjab, and Sindh—and numerous federally administered areas. Provincial boundaries correspond with areas of numerically dominant linguistic groups, and provinces are divided into a total of 26 divisions that are further subdivided into 101 districts. Federally administered areas include the capital (Islamabad) and 13 Federally Administered Tribal Areas (FATAs) as well as the western third of Jammu and Kashmir, although Kashmir’s status is contested by India.
Provincial and Local Government: Each province has a governor appointed by the president, and provinces also have an elected legislative assembly and a chief minister who is the leader of the legislative assembly’s majority party or coalition. The chief minister is assisted by a council of ministers chosen by the chief minister and formally approved by the governor. Federally administered areas also have their own legislative entities, which have had less autonomy from the federal government than provincial legislatures. However, tribal areas in the west have traditional legal systems that operate independently of the federal government. Various regimes have promoted local-level Basic Democracies so that communities can have input into federal policy, but these entities have suffered from inconsistent federal government support.
Although provinces and federally administered areas have their own political and administrative institutions, federal government agencies are heavily involved in the affairs of these areas. There are some matters over which both federal and provincial governments can make laws and establish departments for their execution. For example, provincial governments administer agricultural and social services, but the federal government legislates on these matters, and federal agencies also are involved in their administration. Moreover, the federal government has the power to dismiss provincial chief ministers and legislatures.
Judicial and Legal System: The legal system is derived from English common law and is based on the much-amended 1973 constitution and Islamic law (sharia). The Supreme Court, provincial high courts, and other courts have jurisdiction over criminal and civil issues. The president appoints the Supreme Court’s chief justice and formally approves other Supreme Court justices as well as provincial high court judges on the advice of the chief justice. The Supreme Court has original, appellate, and advisory jurisdiction, and high courts have original and appellate jurisdiction. The Federal Shariat Court determines whether laws are consistent with Islamic injunctions. Special courts and tribunals hear particular types of cases, such as drugs, commerce, and terrorism. Pakistan’s penal code has limited jurisdiction in tribal areas, where law is largely derived from tribal customs.
The 1973 constitution guarantees freedom of speech, press, and religion as well as the right to bail, counsel, habeas corpus, representation, appeal, and numerous other protections. However, the government has constitutional authority to limit civil liberties in accordance with Islamic doctrine, national security, and other circumstances. Pakistani courts can impose the death penalty, and some crimes are punishable by stoning, lashing, or amputation, although these punishments rarely occur outside of tribal areas. The judiciary has limited independence from the executive branch, and the legislative and executive branches often attempt to remove themselves from judicial oversight. The judiciary also suffers from low public credibility, large case backlogs, corruption, and a lack of resources. In 2001, however, the Asian Development Bank pledged US$350 million for judicial reform and improved governance.
Electoral System: Pakistan has universal adult suffrage, and those 18 years of age and older are eligible to vote. As of early 2005, there were 72 million registered voters. The minimum age of candidates is 25 years of age for national and provincial assemblies, 30 for the Senate, and 45 for president. The president sets election dates, and the Election Commission (EC) conducts national and provincial assembly elections, but the EC’s chair, the chief election commissioner, oversees elections for local governments, the Senate, and the presidency. The EC is an independent, financially autonomous body, but it has been criticized as having little power to enforce codes of conduct on political parties and candidates. Constituencies are demarcated by population, administrative boundaries, and other factors. In 2002 there were 357 constituencies for the National Assembly and 728 constituencies for provincial assemblies. Sixty seats in the National Assembly and 128 in the provincial assemblies are reserved for women. In addition, 10 seats in the National Assembly and 23 in the provincial assemblies are reserved for non-Muslims. In April 2002, Musharraf’s term as president was extended for five years in a national referendum. Elections were held for the national and provincial assemblies in October 2002 and for the Senate in February 2003. However, domestic and international observers have criticized these and earlier elections as flawed.
Politics and Political Parties: Political parties have increased in number but declined in political power, particularly in relation to the military. Since the late 1990s, numerous parties have splintered into factions, dividing electoral support and leading to the formation of coalitions that often also dissolve into factions. The three parties with the greatest electoral support since 1988 all have become shadows of their former selves. The Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz Sharif (PML-N) have splintered into numerous parties, and the Muttahida Quami Movement (MQM) has lost substantial legitimacy as a result of involvement in violence. Officially, 73 parties contested the 2002 National Assembly elections, but only 3 percent of voters were registered as members of a political party. As a result of elections in 2002, a coalition led by the Pakistan Muslim League-Quaid-e-Azam (PML-Q) assumed control of provincial assemblies in Punjab and Sindh and the National Assembly. This party has been closely associated with the government of General Musharraf. Parties often have no constitutions, membership lists, or documentation of funding sources. Furthermore, electoral support is rarely nationwide and most often is drawn from particular religious, ethnic, or regional bases. The military has given financial support to religious parties as a counterweight to secular parties, but electoral support for religious parties has been well below 10 percent nationwide. Many parties have separate wings for women and youth, and many are accused of having militias that collect funds and intimidate opponents.
Mass Media: In the early twenty-first century, the amount of print media in Pakistan declined precipitously while total circulation increased. From 1994 to 1997, the total number of daily, monthly, and other publications increased from 3,242 to 4,455 but had dropped to just 945 by 2003 with most of the decline occurring in Punjab Province. However, from 1994 to 2003 total print circulation increased substantially, particularly for dailies (3 million to 6.2 million). Print media are published in 11 languages, but most are published in Urdu and Sindhi, and English-language publications are numerous. The press generally publishes free from censorship and has played an active role in national elections, but journalists often exercise self-censorship as a result of arrests and intimidation by government and societal actors. Most print media are privately owned, but the government controls the National Press Trust, a major newspaper publisher, and the Associated Press of Pakistan, one of the two major news agencies. The constitution guarantees the rights of free speech and press but also allows for government restrictions in cases of offenses against Islam, public morality, national security, and other circumstances. In fact, the government can fine and imprison those who broadcast material that is deemed inconsistent with “national and social values.”
Foreign Relations: Pakistan’s primary foreign policy objectives are protection from external threats and the preservation of territorial integrity. Foreign alliances often have been based on mutual—and sometimes ephemeral—strategic interests. Contentious relations with India dominate foreign relations and are largely due to perennial tensions over Kashmir, which was the basis of wars in 1948, 1965, 1971, and 1999. Various talks in 2003–5 have eased tensions but not mutual suspicions. China has perhaps been Pakistan’s most consistent ally because of shared antipathies of other countries, such as India and Russia, but in the 1990s China assumed a more distant relationship as a result of India’s growing military prowess, Russia’s military decline, and other factors. However, China is alleged to have supplied Pakistan with nuclear weapons material, ostensibly to counter India’s nuclear weapons. Relations with Afghanistan have been harmonious and tense, often simultaneously. The two countries have a disputed border, but Pakistan supported insurgents in Afghanistan against Soviet occupation in the 1980s and was a key ally of the Taliban in the 1990s. Since their 1971 war, Pakistan and Bangladesh typically have had close ties based largely on shared opposition to India. Relations with Islamic Middle Eastern countries generally have been close, but ties with largely Shia Iran have been strained.
For countries outside South Asia and the Middle East, relations generally are based on Pakistan’s perceived strategic value in the international system. Pakistan’s successful nuclear tests in 1998 initially led to international sanctions that were later eased as a result of concerns that an economically weakened Pakistan might provide nuclear material to other nations. After September 11, 2001, the United States and other countries saw Pakistan as an important ally in fighting international terrorists operating in Afghanistan, and international aid increased substantially. Pakistan’s relations with the United States have resumed the closeness of the 1980s. However, Pakistan’s improved relations with the United States have had important ramifications for the government’s domestic support, particularly among some religious parties who perceive the government as acting against Islamic injunctions.
Membership in International Organizations: Pakistan is an active participant in international organizations, although its membership in the British Commonwealth of Nations was suspended from 1999 to 2004 because of the military coup. Pakistan views international organizations as a means of addressing the actions of relatively stronger countries and often appeals to international organizations such as the United Nations (UN) on matters such as Kashmir.
Pakistan’s international memberships include: the Asian Development Bank, Colombo Plan, Economic Cooperation Organization, Food and Agriculture Organization of the United Nations, Group of 24, Group of 77, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Chamber of Commerce, International Civil Aviation Organization, International Confederation of Free Trade Unions, International Criminal Police Organization, International Development Association, Islamic Development Bank, International Finance Corporation, International Federation of Red Cross and Red Crescent Societies, International Fund for Agricultural Development, International Hydrographic Organization, International Labour Organization, International Maritime Organization, International Monetary Fund, International Olympic Committee, International Organization for Migration, International Organization for Standardization, International Telecommunication Union, Nonaligned Movement, Organisation for the Prohibition of Chemical Weapons, Organization of American States (observer), Organization of the Islamic Conference, Permanent Court of Arbitration, South Asian Association for Regional Cooperation, UN, UN Conference on Trade and Development, UN Educational, Scientific and Cultural Organization, UN High Commissioner for Refugees, UN Industrial Development Organization, UN Institute for Training and Research, UN Security Council (temporary), Universal Postal Union, World Confederation of Labor, World Customs Organization, World Federation of Trade Unions, World Health Organization, World Intellectual Property Organization, World Meteorological Organization, World Tourism Organization, and World Trade Organization.
Major International Treaties: Pakistan is a signatory to various international treaties including: the Basel Convention on the Control of Transboundary Movements of Hazardous Substances, Biological and Toxin Weapons Convention, Chemical Weapons Convention, Convention on Biological Diversity, Convention on International Trade in Endangered Species of Wild Flora and Fauna, Convention on the Physical Protection of Nuclear Material, Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Convention on Wetlands of International Importance Especially as Waterfowl Habitat, International Plant Protection Convention, Kyoto Protocol to the United Nations (UN) Framework Convention on Climate Change, Montreal Protocol on Substances that Deplete the Ozone Layer, Nuclear Safety Convention, Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, UN Convention on the Law of the Sea, UN Convention to Combat Desertification, UN Framework Convention on Climate Change, and Vienna Convention for the Protection of the Ozone Layer.
Pakistan has signed but not ratified the Convention on Fishing and Conservation of Living Resources of the High Seas. It is not a party to either the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) or the Missile Technology Control Regime (MTCR). Pakistan has argued that the NPT and MTCR are not relevant to the country’s security concerns because they do not reduce nuclear weapons proliferation by states already possessing nuclear weapons, and they deny non-nuclear states the right to have nuclear weapons.