handout pakistan studies

8/13/2019 Handout Pakistan Studies

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Two nation theory

The ideology of Pakistan stems from the instinct of the Muslim community of South Asia to

maintain their individuality by resisting all attempts by the Hindu society to absorb it.

Muslims of South Asia believe that Islam and Hinduism are not only two religions but also

two social orders that have given birth to two distinct cultures with no similarities. A deep

study of the history of this land proves that the differences between Hindus and Muslims

were not confined to the struggle for political supremacy but were also manifested in the

clash of two social orders. !espite living together for more than a thousand years they

continued to develop different cultures and traditions. Their eating habits music

architecture and script are all poles apart. "ven the language they speak and the dresses they

wear are entirely different.

The ideology of Pakistan took shape through an evolutionary process. Historical e#perience

provided the base$ with Sir Syed Ahmad %han began the period of Muslim self&awakening$

Allama I'bal provided the philosophical e#planation$ (uaid&i&A)am translated it into a

political reality$ and the *onstituent Assembly of Pakistan by passing +b,ectives -esolution

in March /0/ gave it legal sanction. It was due to the reali)ation of Muslims of South Asia

that they are different from the Hindus that they demanded separate electorates. 1hen they

reali)ed that their future in a 2!emocratic India2 dominated by Hindu ma,ority was not safe$

they put forward their demand for a separate state.

The Muslims of South Asia believe that they are a nation in the modern sense of the word.

The basis of their nationhood is neither territorial racial linguistic nor ethnic$ rather they

are a nation because they belong to the same faith Islam. +n this basis they consider it their

fundamental right to be entitled to self&determination. They demanded that areas where they

were in ma,ority should be constituted into a sovereign state wherein they would be enabled

to order their lives in individual and collective spheres in accordance with the teachings ofHoly (uran and Sunnah of the Holy Prophet 3S. A. 1.4. They further want their state to

strengthen the bonds of unity among Muslim countries.

As early as in the beginning of the th century Al&5iruni observed that Hindus differed

from the Muslims in all matters and habits. He further elaborated his argument by writing

that the Hindus considered Muslims 6Mlachha6 or impure. And they forbid having any

connection with them be it intermarriage or any other bond of relationship. They even avoid

sitting eating and drinking with them because they feel 6polluted6. The speech made by

(uaid&i&A)am at Minto Park 7ahore on March 88 /09 was very similar to Al&5iruni2s

thesis in theme and tone. In this speech he stated that Hindus and Muslims belong to twodifferent religious philosophies with different social customs and literature. They neither

intermarry nor eat together and indeed belong to two different civili)ations whose very

foundations are based on conflicting ideas and concepts. Their outlook on life and of life is

different. He emphasi)ed that in spite of the passage of about 999 years the relations

between the Hindus and Muslims could not attain the level of cordiality. The only difference

between the writing of Al&5iruni and the speech of (uaid&i&A)am was that Al&5iruni made

calculated predictions while (uaid&i&A)am had history behind him to support his argument.

The Ideology of Pakistan has its roots deep in history. The history of South Asia is largely a

history of rivalry and conflict between the Hindus and Muslims of the region. 5othcommunities have been living together in the same area since the early :th century since the

advent of Islam in India. ;et the two have failed to develop harmonious relations. In the

beginning one could find the Muslims and Hindus struggling for supremacy in the

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battlefield. Starting with the war between Muhammad bin (asim and -a,a !ahir in aypal Muhammad =huri and Prithvi -a, 5abur and -ana Sanga and

Aurang)eb and Shiva,i are cases in point.

1hen the Hindus of South Asia failed to establish Hindu Padshahi through force they opted

for back door conspiracies. 5hakti Movement with the desire to merge Islam and Hinduismwas one of the biggest attacks on the ideology of the Muslims of the region. Akbar2s diversion

from the main stream Islamic ideology was one of the Hindus2 greatest success stories.

However due to the immediate counterattack by Mu,addid Alf Sani and his pupils this era

proved to be a short one. Muslims once again proved their separate identity during the

regimes of >ehangir Shah >ehan and particularly Aurang)eb. The attempts to bring the two

communities close could not succeed because the differences between the two are

fundamental and have no meeting point. At the root of the problem lies the difference

between the two religions. So long as the two people want to lead their lives according to their

respective faith they cannot be one.

1ith the advent of the 5ritish rule in India in :?: Hindu&Muslim relations entered a new

phase. The 5ritish brought with them a new political philosophy commonly known as

2territorial nationalism2. 5efore the coming of the 5ritish there was no concept of a 2nation2

in South Asia and the region had never been a single political unit. The 5ritish attempt to

weld the two communities in to a 2nation2 failed. The 5ritish concept of a nation did not fit the

religious&social system of South Asia. Similarly the 5ritish political system did not suite the

political culture of South Asia. The 5ritish political system commonly known as 2democracy2

gave ma,ority the right to rule. 5ut unlike 5ritain the basis of ma,ority and minority in

South Asia was not political but religious and ethnic. The attempt to enforce the 5ritish

political model in South Asia instead of solving the political problems only served to make

the situation more comple#. The Hindus supported the idea while it was strongly opposed bythe Muslims. The Muslims knew that implementation of the new order would mean the end

of their separate identity and endless rule of the Hindu ma,ority in the name of nationalism

and democracy. The Muslims refused to go the 5ritish way. They claimed that they were a

separate nation and the basis of their nation was the common religion Islam. They refused to

accept a political system that would reduce them to a permanent minority. They first

demanded separate electorates and later a separate state. -eligious and cultural differences

between Hindus and Muslims increased due to political rivalry under the 5ritish rule.

+n March 80 /09 the Muslims finally abandoned the idea of federalism and defined a

separate homeland as their target. (uaid&i&A)am considered the creation of Pakistan a means

to an end and not the end in itself. He wanted Pakistan to be an Islamic and democratic state.According to his wishes and in accordance with the inspirations of the people of Pakistan the

*onstituent Assembly of Pakistan passed the +b,ectives -esolution. The adoption of

+b,ectives -esolution removed all doubts if there were any about the ideology of Pakistan.

The Muslims of Pakistan decided once and for all to make Pakistan a state wherein the

Muslims shall be enabled to order their lives in their individual and collective spheres in

accordance to the teachings and re'uirements of Islam as set out in the Holy (uran and

Sunnah.

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Quaid-e-Azam and the demand of Pakistan

Initially (uaid&e&A)am was a *ongressite but when he saw the uncompromising attitude of

the Hindus he left the *ongress and the ,oined Muslim 7eague$ finally he became staunch

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supporter of the Two @ation theory. His firm belief in the Two @ation theory formed the

basis of Pakistan Ideology.

!uring the 8nd1orld 1ar efforts were made that the Muslims could agree to one united

India promising some safeguards to the Muslims$ but the (uaid did not agree on the basis of

his e#periences. He e#plained

5y a separate homeland I mean a country where the Muslims of Sub&continent

would be able to fashion their lives according to the dictates of the Holy (uran and

Sunnah.B

The Muslims of Sub&continent passed the Pakistan resolution at the historic session of All&

India Muslim 7eague held at 7ahore in March /09.

In his presidential address he declared that the Muslims of India stood une'uivocally for the

freedom of India but it must be freedom for all India and not for one section only. The

resolution provided that no constitutional plan would be workable and acceptable to the

Muslims unless it was designed on the principle that geographically contagious units were

demarcated into regions$ that the areas in which the Muslims were numerically in a ma,oritywere grouped to constitute independent states.

The (uaid&e&A)am remarked in Ahmadabad in !ecember /09C

India should be partitioned so that Hindus D Muslims may live as friends and

good neighbours

and develop according to their own genius.B

!uring the course of his presidential address to the Pun,ab Muslim Students Eederation on

March 8 /0 the (uaid&e&A)am said

If we lose in the struggle all is lost. 7et our motto be as the !utch proverb

saysC

Money is lost nothing is lost$

*ourage is lost much is lost$

Honour is lost most is lost$

Soul is lost all is lost.B

The *abinet Mission in /0F chalked out a plan to reconcile Hindus D Muslims and held

general elections to set up an Interim =overnment. Muslim leaguers secured an

overwhelming victory at polls. Mr. 5olitho the celebrated "nglish author writesC

The victory of Muslim 7eague at the polls 3/0F4 was overwhelming both in the

provinces

and in the *entral Assembly this was >innahGs glorious hour$ his arduous political

campaigns

his robust beliefs and claims were at last ,ustified.B

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In >une the Muslim 7eague council agreed under >innahGs direction that in as much as the

basis and the foundation of Pakistan were inherent in the *abinet Mission Plan they would

accept the plan in the hope that it would ultimately result in the establishment of complete

sovereign Pakistan. The *ongress however put such a distorted interpretation of the scheme

that >innah was forced to withdraw his acceptanceC He said

1e offered this une'uivocal sacrifice at the altar of *ongress$ but the compromise

has been

treated defiance and contempt 1e have learned a bitter lesson the bitterest I

think

so far. @ow there is no room left for compromise. 7et us march on.B

Thus it was one of the great achievements of (uaid&e&A)am that he created the conception of

Pakistan and worked passionately until he carried it to a successful result.

*HAPT"- III *+@STITTI+@A7 P-+*"SS

*onstitution is a set of fundamental principles according to which a state is governed.

Topic C "arly efforts to make constitution problems and issuesC &

In accordance with the independence act of /0


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+n Fth+ctober /? 7ia'ut Ali %han was assassinated and %hawa,a

@a)imuddin became the ne#t prime minister. He took the task of constitution making and

constituted a board of lema to advise the government on constitutional 'uestion.

+nly F out of 8/ members signed the second report of basic principles

committee. The only outcome was the recognition of 5engali as one of the two state

languages of Pakistan. In April /?J governor general =hulam Muhammad dismissed

Prime Minister @a)imuddin. Muhammad Ali 5ogra was the ne#t prime minister.

Surprisingly more than half of the cabinet members ,oined the new cabinet of talent

formed by the new prime minister.

The working of the constituent assembly was not satisfactory. It was facing

severe criticism mainly from "ast Pakistan. To check the growth of opposition it was

decided to merge all the 1est PakistanGs administrative units into one unit. 5ut the

constituentsG assembly re,ected the proposal. The assembly voted in favor of si# provinces

in 1est Pakistan. Simultaneously the assembly passed a law to curtail the power of

governor general but on 80thof +ctober /?0 governor general =hulam Muhammad

dissolved the constituentsG assembly and announced the emergency.

+n 8st>une /?? elections were held for the 8ndconstituents assembly. These

elections were indirect i.e. the representatives were elected by local legislative bodies. The

assembly had :9 representatives i.e. 09 from "ast Pakistan and 09 from 1est Pakistan.

The 8ndconstituent assembly produced 'uicker results than its predecessors. It

started working in >uly /?? and on : th>anuary /?F it presented a draft constitution to

the country which after certain amendments was finally approved on 8/thEebruary /?F.

+n 8JrdMarch /?F the first constitution of Pakistan was enforced and replaced the

government of India act /J?.

Topic 8C *onstitution of /?F and its abrogationC &

SA7I"@T E"AT-"S +E TH" *+@STITTI+@C &

. The constitution of /?F was a written constitution.

8. Parliamentary form of government was adopted in the constitution.

J. According to the constitution Pakistan was to be a federal republic named as Islamic

-epublic of Pakistan.

0. Eundamental rights were granted to the citi)ens and e'uality before law was

guaranteed in the constitution.?. Ereedom of religion was granted.

F. Head of the state was president elected for ? years by members of national assembly

3M@A4 and members of provincial assemblies 3MPA4. President was to be a Muslim not

younger than 09 years could not hold office for more than 8 terms and could be removed

from office by impeachment on charges of violating the constitution.


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%han Sahib was faced with a revolt against his leadership in Muslim league. 5ut he

adroitly controlled the situation. 5y forming a new group the -epublican Party out of

the dissident Muslim league assemblymen. In the national assembly also members

adopted the republicanGs ticket and Prime Minister *howdhry Muhammad Ali found

himself without ma,ority. He resigned in September /?F. Iskandar Mir)a the president

was compelled to accept Awami 7eague government headed by Hussain Shaheed

Suharwardi but dependent upon the republican support to retain office. Eor sometimethe combination worked but the flimsy consensus of Pakistani politics soon began to

dissolve into factionalism sectarianism and regionalism. !r khan sahib found his hold

slipping over 1est PakistanGs legislature he advised the president to suspend the

constitution. The "ast PakistanGs legislature voted unanimously for anatomy in all

matters e#cept defense foreign affairs and currency. The country was to hold its first

complete general elections in /?: but a dispute over the basis of constituencies led to

SuharwardiGs resignation. His successors proved ineffective and the legislative process

came to a halt.

+n


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country. To meet the crisis the president called a conference of 8 heads of political

parties. Sheikh Mu,eeb&ur&-ehman who was in ,ail in case of Agartala conspiracy was

also invited in the conference. In the conference it was decided that ne#t general elections

would be held on the basis of one person one vote. Sheikh mu,eeb&ur&rehman was

insisting on his si# points which were re,ected by the political parties of 1est Pakistan.

As a result law and order situation became worse and Ayub %han handed over power to

*&in&* 3*ommander in *hief4 general Agha Muhammad ;ahya %han. +n 8?th

March/F/ general yahya khan announced martial law and became *hief martial law

administrator.

Topic 0C *onstitutional and Political *risis of /


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. In the present constitution direct method of elections has been adopted. According to

it members of provincial assemblies shall be elected by direct and free vote in accordance

with law.

8. @ational language of Pakistan is rdu and arrangements will be made for the use of

rdu in place of "nglish as official language within ? years.

J. Head of the state will be president a Muslim not younger than 0? years. The term of

office of the president is ? years. @o person can hold the office for more than two

consecutive terms. The president has the right to make many higher appointments fore#ample provincial governors chiefs of staffs of the three services chief election

commissioner and members of election commission. The president summons either house

or both houses and may dissolve the lower house before the e#piration of its term. All bills

passed by the parliament re'uired approval of the president. The president may also

declare emergency. In performance of his functions the president must act in accordance

with the advice of prime minister and such advice was binding on him.

0. The senate shall consist of 90 members.

?. Any person who abrogates or attempts to abrogate the constitution by

unconstitutional means shall be guilty of high treason.

Topic FC -ecent *onstitutional !evelopmentsC &

The constitution of /


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vii4 Eor the removal of doubt it is dictate that there is no limitation on the powers of Ma,lis&

e&Shoora 3parliament4 to amend by way of addition modification or repeal 3cancel4 any of the

provisions of this constitution.

/. @inth amendment bill was introduced but it was not passed. It was about Islamic

in,unctions.

9. Tenth amendment dealt with the rules and regulations about summoning and

prorogation of parliamentary sessions.. "leventh amendment bill was about womenGs seat but it was not passed

8. Twelfth amendment was about special courts.

J. Thirteenth amendment has amended four articles of the constitution. Eirstly it has

deleted article ?:3ii4 b which had empowered the president to dissolve national assembly

at his discretion. Secondly article 083ii4 b has also been dropped. It had empowered

governors to dissolve provincial assemblies. Thirdly clause of article 9 has also been

amended to bind the president to appoint governors on the advice of prime minister.

Eourthly presidentGs powers to appoint chiefs of three forces under article 83ii4 b have

also been curtailed. @ow he would appoint them on the advice of prime minister instead

of consulting with prime minister.

0. 0thamendment empowered a party chief to dis'ualify any of the dissenting party

members.

?. ?thamendment was about shariat bill which was not passed.

F. Fthamendment e#tends 'uota system up to 89J.


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nder the amendment recommendations for the appointments of ad hoc ,udges in the

superior courts will be made by the *hief >ustice of Pakistan in consultation with the

>udicial *ommission.

Moreover the bill proposes that in case of the @ational AssemblyGs dissolution members of

the parliamentary committee will be from the Senate only.

**************

*hapter Si# Human -ights

HMA@ -I=HTS I@ IS7AM

Islam was the first religion in human history which gave a *harter of Human -ights and

Ereedom. In fact before Islam the Arab society was in the grip of ignorance superstition and

brutality. 5lood feuds and enmities were the order of the day. They even buried their

daughters alive.

In those days "uropean "gyptian 5abylonian and =reek civili)ations were all unfamiliar

with the concept of Human -ights. All these were either hierarchical in their set&up or

authoritarian or paternalistic in their basic nature. There was absolutely no idea of universal

brotherhood liberty or e'uality. Human beings were like saleable or purchasable things.

1omen were looked down upon and ,ustice denoted the sweet will of the powerful.

In order to save mankind from every type of in,ustice tyranny and e#ploitation Prophet

Muhammad 3peace be upon him4 granted mankind a charter of liberty brotherhood

e'uality ,ustice and honour. It was indeed the supreme charter of Human -ights which

dignified the human life elevated mankind to the highest level of humanity and made life

worth living for every body.

nder the !ivine guidance the Prophet 3peace be upon him4 issued a charter which

terminated all blood feuds enmities and lawlessness. 7ife liberty and property of almost

everybody was honoured and protected.

The right of freedom of e#pression is well illustrated by the fact that differing opinions were

given by some of the companions of the holy Prophet 3pbuh4 over the issue of Hudaibia

Agreement. The *aliph Ha)rat mar 3rd4 allowed the people to stand in a congregation and

ask him 'uestions to take him to account for his actions. Similarly Ha)rat Ali 3kw4 allowed

the right of freedom of e#pression to kharjis so long as they did not commit any crime. The

grant of the right of the freedom of association is best e#plained in case of kharjiswhom

Ha)rat Ali 3kw4 addressed saying As long as you donGt enforce your opinion by sword you

have full freedomB.

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Islam also respects the right of freedom of religion by teaching tolerance and forbidding the

use of force in matters of religion. The Holy (uran says there is no compulsion in religionB

38CAl BaqrahC8?F4

And if thy 7ord had willed all who are on the earth would have believed together. 1ouldst

thou 3Muhammad4 compel them until they are believersB 39CYunus: 994

nto you your religion and unto me my religionB.3Al-KaferunC&F4To save the poor from hunger and want and the resultant e#ploitation Islam prescribed their

share in the wealth of the rich. 1ith a view to achieve this ob,ective the institution of Kakat

was established. It was the duty of the State to collect Kakat and to use it for maintenance of

the poor the needy D the orphan etc. The Islamic state also provides freedom of profession to

its citi)ens without any reservation or e#ception.

It is a total misconception that the Islamic state is an authoritarian state. Although this state

has to function with in the framework of =odGs commandments and there cannot be

unrestricted political freedoms as allowed by western and Secular democracies yet in

practical terms an Islamic state is a democratic state. The Islamic concept of democracy is

described in the verses of theHoly (uran which say And they conduct their affairs bymutual consultationB.308CShuraCJ:4

*onsult with them upon the conduct of your affairsB.3JCAl-ImranC?/4

+n the basis of this concept the institution of Ma,lis&i&Shura emerged in Islamic state. The

holy Prophet 3P5H4 and his four caliphs strictly followed the said in,unctions with respect

to all matters of the state.

Islam also provides the right to own property by all citi)ens of the state without any

e#ception. As an incentive to enhance productivity but at the same time to prevent the

accumulation of wealth Islam provides right of inheritance. The Islamic state is also bound to

protect the rights of the citi)ens.

In fact it was Islam which provided a vast package of Human -ights to the humanity. Apart

from Muslims the holy prophet had granted to the christians and >ews including those who

lived inside the Madina state and also those bordering the Islamic state a charter of rights

which was a monument of enlightened toleration. He issued the niversal !eclaration of

Human -ights. He proclaimedC @o Arab has any superiority over a non&Arab nor is a

white man any way better than a black. The only criterion for the superiority and

respectability is one having the element of piety 3Taqwa4. All human beings are offspring of

Adam and Adam was created from dust. Hence all claims to superiority and greatness all

demands for blood and money and rights to retaliate and revenge stand trampled under my

feet.. Allah has put an end to your false notions of vanity D arrogance and there is no

room left for you to be proud of what your forefathers have done. + people N you are

forbidden to for ever to harm the life property and honour of each other. The life property

and honour of each of you is as sacred as this day of Ha, and this month of Kilha, specially in

this city of Macca. ;ou will all appear before Allah who will ask you to give an account of all

your deeds..B.

The peace he granted to his bitter enemies on the con'uest of Makkah proves beyond all

doubts his being a Massenger of Peace. 1ar is permissible in Islam when it becomes

inevitable. The ob,ective of war should be to ward off evil.

The Islamic state under the holy Prophet 3pbuh4 undertook upon itself to protect non

Muslims to guard them against all in,uries and to defend their relegion as well. In return ofall these rights and privileges what the holy prophet 3pbuh4 demanded from them was only

loyalty to the state founded by him.

OOOOOOOOOOOOOOOOOOOOOOOOOOO

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nited @ations *harter

The nited @ations *harter is the treaty that forms and establishes the international

organi)ation called the nited @ations. It was signed at the nited @ations *onference onInternational +rgani)ation in the eterans Auditorium 3now the Herbst Theatre4 of the 1ar

Memorial eterans 5uilding in San Erancisco *alifornia nited States on >une 8F /0? by

?9 of the ? original member countries 3Poland the other original member which was not

represented at the conference signed it later4. It entered into force on +ctober 80 /0? after

being ratified by the five permanent members of the Security *ouncilQthe -epublic of

*hina 3later replaced by the People2s -epublic of *hina4 Erance the nion of Soviet

Socialist -epublics 3later replaced by the -ussian Eederation4 the nited %ingdom and the

nited StatesQand a ma,ority of the other signatories.

As a charter it is a constituent treaty and all members are bound by its articles.

Eurthermore the *harter states that obligations to the nited @ations prevail over all othertreaty obligations.Most countries in the world have now ratified the *harter. +ne notable

e#ception is the Holy See which has chosen to remain a permanent observer state and

therefore is not a full signatory to the *harter.

International 5ill of Human -ights

The International 5ill of Human -ights is an informal name given to two international

treaties and one =eneral Assembly resolution established by the nited @ations. It consists of

the niversal !eclaration of Human -ights 3adopted in /0:4 the International *ovenant on

*ivil and Political -ights 3/FF4 with its two +ptional Protocols and the International

*ovenant on "conomic Social and *ultural -ights 3/FF4.

The two covenants entered intoforce in /


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international bill of rights for women. *onsisting of a preamble and J9 articles it defines

what constitutes discrimination against women and sets up an agenda for national action to

end such discrimination.

The *onvention defines discrimination against women as 6...any distinction e#clusion or

restriction made on the basis of se# which has the effect or purpose of impairing or nullifying

the recognition en,oyment or e#ercise by women irrespective of their marital status on a

basis of e'uality of men and women of human rights and fundamental freedoms in thepolitical economic social cultural civil or any other field.6

nited @ations *onvention on the -ights of the *hild

nited @ations *onvention on the -ights of the *hild The nited @ations *onvention on the

-ights of the *hild often referred to as *-* or @*-* is an international convention

setting out the civil political economic social and cultural rights of children. @ations that

ratify this international convention are bound to it by international law. *ompliance is

monitored by the nited @ations *ommittee on the -ights of the *hild which is composed of

members from countries around the world. +nce a year the *ommittee submits a report to

the Third *ommittee of the nited @ations =eneral Assembly which also hears a statementfrom the *-* *hair and the Assembly adopts a -esolution on the -ights of the *hild.

=overnments of countries that have ratified the *onvention are re'uired to report to and

appear before the nited @ations *ommittee on the -ights of the *hild periodically to be

e#amined on their progress with regards to the advancement of the implementation of the

*onvention and the status of child rights in their country. Their reports and the committee2s

written views and concerns are available on the committee2s website.

The nited @ations *onvention against Torture

The nited @ations *onvention against Torture and +ther *ruel Inhuman or !egradingTreatment or Punishment is an international human rights instrument under the review of

the nited @ations that aims to prevent torture around the world.

The *onvention re'uires states to take effective measures to prevent torture within their

borders and forbids states to return people to their home country if there is reason to believe

they will be tortured.

The te#t of the *onvention was adopted by the nited @ations =eneral Assembly on 9

!ecember /:0 and following ratification by the 89th state party it came into force on 8F

>une /:une is now recognised as the International !ay in Support of Torture ictims

in honour of the *onvention. As of !ecember 899: 0F nations are parties to the treaty andanother ten countries have signed but not ratified it.

1estern and Islamic perspective of human rights is not something different$ the basic

concept is the same however they only differ in TIM" and S+-*"

Islamic Perspective

As an eternal religion of humanity Islam is a champion of human rights and liberties. In

actual practice it was the first religion in the human history which gave a charter of human

rights D freedom. Islam gave to mankind an ideal code of human rights fourteen centuries

ago. These rights aim at conferring honor and dignity on mankind and eliminatinge#ploitation oppression and in,ustice. Human rights in Islam are an integral part of the

overall Islamic order and it is obligatory on all Muslim governments and organs of society to

implement within the framework.

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*harter of Human rightsC

In the light of Holy (uran +ur Holy Prophet 3s.a.a.w4 issued a vast package of human rights

which terminated all blood feuds and enmities. 7awlessness came to an end and life liberty

D property of everybody was honored and protected. Almost e'ual rights are granted to the

@on Muslims as well. In Islam the last sermon of Holy Prophet 3s.a.a.w4 is considered as the

charter of human rightsB. Eew imp points areC

I. -ight to 7ifeC Human life is sacred and inviolable and every effort shall be made to protect

it. Islam provided the right to life to all humans irrespective of their religion cast or se#.

II. -ight to EreedomC Man is born free. @o restrictions shall be made on his right to liberty

e#cept in due process of the 7aw. "very individual and every person has the inalienable right

to freedom in all its forms$ physical cultural economic and political. It also includesC -ight

to Ereedom of -eligion -ight to Ereedom of Thought and e#pression and -ight to Ereedom

of Movement.

III. -ight to Protection Against TortureC @o person shall be sub,ected to torture in mind orbody or degraded or threatened. @o body can be forced to confess to the commission of a

crime or to consent to an act which is in,urious to his interests

I. -ight to +wn PropertyC Islam also provides the right of own property by all the citi)ens

of state without any discrimination. @o property may be e#propriated e#cept in the public

interest and on payment of fair and ade'uate compensation.

. -ight to Social SecurityC "very person has the right to food$ shelter clothing education

and medical care consistent with the resources of the community. This obligation of the

community e#tends in particular to all individuals who cannot take care of themselves due tosome temporary or permanent disability.

I. -ight to "ducationC "very person is entitled to receive education in accordance with his

natural capabilities irrespective of se#. "very person is entitled to a free choice of profession

and career and to the opportunity for the full development of his personality.

1estern Perspective

According to the 1estern concept human rights are the inherent claims and entitlements of

human beings without any distinctionB. They are universal D inalienable. The western

concept evolved over centuries of struggle. As a result of global efforts after the Second1orld 1ar human rights were legali)ed.

@+ As A Protector of Human -ightsC

The disrespect of Human rights during the 8nd world war motivated many nations to

establish an institution that would stop these violations. Therefore the nited @ations was

established in /0? with the primary purpose of promoting respect of human rights without

any discrimination of se# race color and origin religious D social concepts. The nited

@ations *harter is the first international mechanism that incorporated human rights as a

concept and made the promotion and protection of those rights which are individual and

collective obligations of states. !H- and later on I5- had given attention towards the

survival protection developmental D participatory rights of all the men women D children.

Thus @+ is considered as a protector of human rights. niversal !eclaration of human

rightsC @ committee enunciated !H- in !ec. /0:. It is not a legal binding. However to

Page 14of 23


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give it legal force 8 covenants were formerly added. *ollectively they are known as

I@T"-@ATI+@A7 5I77 +E -I=HTS 3I5-4. Its preamble recogni)es thatC the inherent

dignity D e'ual D inalienable rights of all members of the human family is the foundation of

freedom ,ustice D peace in the worldB. Its aim was to achieve the promotion of universal

respect for and observance of human rights and fundamental freedomsB.

%ey PointsC. 7iberty D e'uality is the birth right of all human beings.

8. "very one is entitled to the rights set by !H- without any distinction of color se# birth

religion opinion etc.

J. "very one has the right of 7IE" S"*-IT;DT+ +1@ P-+P"-T;.

0. "very one has the freedom of +PI@I+@ "RP-"SSI+@ D -"7I=+@.

?. "very one has the right to education$ education shall be free& at least on primary level.

F. "very one has the right to a standard of living ade'uate for his health D well being

including food clothing shelter medical care etc.

OOOOOOOOOOOOOOOOOOOOOOOOO

-ecent factors in foreign policy

Pakistan was elected on 8st+ct. 89 to the @ Security *ouncil as a non&permanent

member for two years 3898&89J4. Pakistan has been a member of the ?&member *ouncil

on si# occasions since the early ?9s Q /?8&?J /F:&F/ /


16/23

The year 89 was declared as the Pak&*hina Eriendship ;earG during the recent visit of

*hinese Premier 1en >iabao to Pakistan the two governments decided to celebrate F9th

anniversary of the establishment of Sino&Pak diplomatic relations with full fervor.

Pak&Afghan -elations

1hen PakistanGs application for admission to the @ came up in =eneral Assembly on

J9thSeptember /0


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A conference of foreign ministers from JF Islamic countries was held in Islamabad from 8F th

to 8/th>anuary /:9. The foreign ministers unanimously denounced the Soviet invasion on

Afghanistan as violation of @ and Islamic *onferenceGs charters. They demanded

immediate and unconditional withdrawal of all Soviet troops from Afghanistan D suspended

the membership of Afghanistan in +I*. The foreign ministers also urged all states D people

throughout the world to consider boycott of Moscow +lympic games.

After long negotiations =eneva Accord was signed between Pakistan and Afghan SovietAuthorities on 0th April /::.

+n :thSeptember //? Pakistan evacuated all members of its diplomatic staff from %abul

mission who were severely in an attack by an unruly mob on "mbassy building. +n 88 nd

September D :th +ctober /? Pakistan declared J Afghan diplomats and Afghan

nationals respectively as persona&non&grataG and asked them to leave the country within 0:

hours. Pakistan also blamed %abul for a series of bomb blasts in @1EP including the big

e#plosion in Peshawar on 8st!ecember in which more than 09 persons were killed.

+n


18/23

*ASH 5A7A@*"SC

Pakistan and India came to an agreement that Pakistan would get -s.


19/23

The dispute took its practical dimensions in /:0 when Indian forces tried to occupy that

strategic place. In /:? India succeeded in occupying J99 miles of the glacier. It should be

noted that Siachan glacier has been under PakistanGs control since /0/.

+ther EA*T+-SC

+n


20/23


21/23

+n 8?thMarch 8999 the S president visited Pakistan and addressed Pakistani @ation on

PT. He called for easing tension with India.

+n th Sep. 899 when there were terrorist attacks on the SA PakistanGs president

e#pressed his grief in the words At this moment of shock and tragedy I convey to you

and grieved families and the American people our most profound sympathy and

condolencesB

In >une 899J PakistanGs president visited the S to hold talks with the S president at *amp

!avid. 380&F&899J4. The American president announced that he would work with *ongress

for a five&year three billion dollar economic and military package for Pakistan. Half of the

three billion&dollar package was reserved for military sales. This J billion&dollar package was

in addition to the one billion&dollar loan which the S has already written off. As a follow&

up to the *amp !avid talks the two countries on 8? th>une signed two agreementsC one on

trade and investment and the other on science and technology. The second provides for

American financial and technical assistance in setting up high&grade science and engineering

centres.

+n >une F 8990 S President officially designated Pakistan a ma,or non&@AT+ ally of the

nited States. A ma,or non&@AT+ ally is e#empted from the suspension of S military

assistance and 'ualifies to receive surplus defence material from S stockpiles.

In >une 899? Pakistan and the nited States held a week long ,oint naval e#ercise Inspired

nion 899?B in the north Arabian Sea. A number of surface subsurface and air units from

both the navies actively participated in the e#ercise.

p to 0thSep 899 the .S. has provided other civilian and military in&kind assistance in the

form of halal meals pre&fabricated steel bridges and other infrastructure support as well as

air support to and within Pakistan to transport goods and rescue people valued at

appro#imately 09 million.

In 89 S&Pakistan ties had become tense after a string of diplomatic disputes this year

including a massive drone strike in March and the case of -aymond !avis a *IA contractor

who shot dead two Pakistanis on >an 8


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There was significant progress towards Muslim world unity after Arab&Israel conflict

of /uly //? when the Serbians attacked the .@. declared safe heavens Pakistan

along with other members of +.I.*. contact group saidC It was up to the .@. Security

*ouncil to ,ustify the legality of maintenance of arms embargo against the republic of 5osnia

Her)egovina a member of the .@. which is victim of Serbian aggression.B

+n st

August //? the first Muslim women parliamentariansG conference was held inPakistan. More than 99 participants from J? Muslim countries attended the conference

which was also seen as an attempt to take unified Islamic stand at international conference

held in 5ei,ing in Sept. //?.

In March //


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between Talibans and @orthern Alliance in Afghanistan in consultation with Iranian

government.

*ollective =@P of all Islamic countries stands at 899bn that of =ermany alone is 8?99bn

D that of >apan is ??99bn. In other words >apanGs =@P was four and a half times that of

the +I* =!P even though the Muslim world accounts for one&fourth of the worldGs

population and has

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