By M. Sarjov
Federation
Pakistan’s so called federation is only involved in symbolic recognition of states ethnic and cultural diversity, without many changes in the powers and positions of Punjabi and mohijir. I say symbolic, because since its formation in 1947 Pakistan has excluded minorities’ language, culture, laws, and religions and so on.
On the other hand genuine Multi-cultural federalism gives high level of public recognition to the minority's culture and language at the regional level. Its language is given official recognition and it culture and history are thought in school, its legal tradition are maintained. This model gives the minorities power to express and spread its law, language and culture at the level that majority group excise through central state.
Pakistan needed to redistribute political power as much as it economic opportunities, for effective political participation by the minorities. For example Baluch are under re-presented in federal civil service, and are second class citizen in their own province, economically subordinated to Punjabi, Mohijir elite, who has privilege under Pakistan's rule. The Baluch economic disadvantage, political subordination, and cultural marginalization will not disappear now and not in future under the current establishment.
Has Pakistan's federalism fulfilled liberal expectancy?
Pakistan has not operated within constraints of liberal democracy values and human rights, and has helped to strengthened traditional religion and feudal rule on the cost of individual liberty. Pakistan is not committed to liberal democracy values and has no respect for the individual's rights or other international norms.
Pakistan has justified stripping Baluch of their traditional self government by arguing that Baluch are backward and that their traditions of self government are uncivilized.
Nationalist argue that nationalism invokes the glories of the past in order to mobilize people for project of the modernization of society. Baluch nationalist contest these label of backwardness, and persuade everyone that they are worthy of self rule. Baluch are saying that their traditions of law and self government should be respected; Baluch nation is capable of exercising the right to decide on issues of law and government.
Baluch nationalist do not mean that they wish to exercise these tradition and laws in a backward tradition way, as some people May assume. Maintenance of tradition of distinct legal traditions and ways of life is sacred duty and essential part of Baluch identity which must be preserved at all costs. It is up to Baluch leader, to revise these traditions and law, as to bring them in line with modern human rights, and in accordance with modern aspirations for choice and freedom.
There is strong need for shift away from assimilation's policies towards internal decolonization base on Baluch self-determination. Shift to self determination will reduce economic inequalities ' between Baluch and settler that have sixty years historic domination over the Baluch.
Baluch will make decision on their own society. They make decision that affect their communities through representative, and enhance stability in region. At the present system in Pakistan the Baluch people remain systematically disadvantaged, on education, health, income employment and so on. This system of subordination harming the Baluch people and need to be dismantled, the decolonization would be step in right direction.
Pakistan has historically divided the Baluch people in four political units within Pakistan in order to limit the Baluch people quest for independent state. Baluch are not migrated to Punjab and Sand their land curved from Baluchistan and annexed to sand and Punjab.
The Baluch people have been asked to comply with the Pakistan's institutional norms, and accept the authority of a Pakistan political entity and legal system that established by colonizing settler, this demand is offensive to many Baluch. The Baluch people did not consent to be ruled by Punjabi, mhijir, Baluch were not involved in formulation of the Pakistan constitution, and Baluch never had any representation on the supreme courts that interpret these constitutions.
The legal system established by the Punjabi and Mhijir has justified conquest and dispossession of the Baluch people, therefore majority Baluch do not trust legal system established by Punjabi, Mhijir settler, and do not believe that it ever acquired the legitimate right to rule over them. To ask the Baluch peoples to uncritically accept the authority of Punjabi, Mhijir settler and Pakistan constitution is in effect to ask them to accept force annexation and legitimacy of Punjabi, Mihijr conquest.
Therefore the Baluch people demand to be governed under their own legal system rather than being subject to the constitution of Punjabi, Mhijir, And the Baluch legal system should not automatically be assumed to reflect an illiberal or defeat for the liberal expectancy.
The best way to promote a consensus on liberal democratic values and strongly protect individual rights is to enable the Baluch peoples to establish their own democratic constitution and court subject to international human rights and norms in which Baluch judges, and international monitors are involved, this is an effective way of ensuring human rights protection. This legal system may be described tradition, but in fact may have little to do with preserving tradition and the member of the community may fully expect it to respect civil political rights and meet standard of democratic accountability.
There is growing evidence that the Baluch community endorses liberal democracy values, and expects their leader to uphold them. There are strategic reasons for demanding respect for a distinct legal tradition; it is evidence of a worthy of past and justification for a distinct legal and political status.
In the current situation the Baluch people have no power to amend their tradition, customary law. They have right to follow Baluch law but not make a new law. The Baluch have right to live according to their customary laws, but not the right to give themselves laws. The result of this is trapping the Baluch people into a traditionalist frame work. Since the Baluch people have no power to democratically amend their traditional customary law, the must present these laws as real.
Solution is that by given the Baluch people the right to make Baluchi law, as well as to follow it, and to ensure that this process of making law publically debated and reflects the views of all members of the community, not just self appointed guardian of Baluch tradition.
It is Hippocratic for Pakistan's elites to condemn the Baluch people for the which Baluch customary law may not consistent with modern norm of liberal expectancy and human right. |
