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Martial law and precarious democracy in Pakistan
Wed, 07 Nov 2007 20:06:43
By Ismail Salami, Press TV, Tehran
Liaquat Ali Khan initially trained as a civil engineer. He later switched to law, obtaining a degree from Punjab University, Lahore. In 1976, Khan immigrated to the United States and studied law at New York University School of Law where he received his LL.M. and J.S.D. Khan is a member of the New York Bar.

Khan has authored three academic books published in the prestigious series Developments in International Law. Over the years, he has written numerous law review articles on the US Constitution, comparative constitutional law, legal education, human rights, international disputes, and terrorism. His academic writings are used as part of course materials in universities across the world.

Khan has devoted much of his academic scholarship to Islamic law and conflicts involving Muslim communities. Khan contributed ground-breaking articles on Islamic jurisprudence. In addition to law articles and academic books, Khan also writes for the popular press in the United States, the Middle East, and the Indian subcontinent. His legal and foreign affairs commentaries are published worldwide and international media seek his comments on world events.

In Spring 2007, Khan was a resident legal scholar with the Organization of Islamic Conference in Jeddah, Saudi Arabia. He has taught at Washburn University School of Law since 1983.

Some of his books include:
A Theory of International Terrorism: Understanding Islamic Militancy. (Martinus Nijhoff, 2006).

A Theory of Universal Democracy: Beyond the End of History. (Kluwer Law International, 2003).

The Extinction of Nation-States: A World Without Borders. Kluwer Law International, 1996.

The Legitimacy of a Coup d'Etat. New York University, 1983.


Q- What is the origin of political turmoil in Pakistan?

A- The problem with Pakistan is that it has failed to develop a constitutional system that political and military forces will respect. Every ruler who comes to power wishes to change the constitution.

Pakistan has also been unable to find out whether a presidential or parliamentary system is effective for the nation. I believe that, like Iran, a president directly elected by the people is the best executive. The other factor of turmoil is that Pakistani rulers love power and do not want to give it up.

Q- What do you think the impact of the new martial law imposed by Musharraf will be?

A- The new martial law has suspended the fundamental rights of the citizens. The government can kill and imprison people with no cover of law. The electronic media have been turned off. The press cannot criticize the government. The freedom of assembly has been taken away, the equal protections of laws has been withdrawn. The lawyers are being arrested, beaten and charged with terrorist acts. This complete subversion of the constitution and Islamic principles of justice is a disgrace for a Muslim nation like Pakistan.

Q- What is the role of the Bush administration in the martial law?

A- It is unclear whether the Bush administration gave a green signal for the imposition of martial law. It appears that Musharraf has persuaded Americans that he is the only reliable person who would kill his own people to promote the war on terrorism. Wiser heads in Washington should work for democracy in America. If the Bush administration continues to side with Mush, the hoax of bringing democracy to the Muslim world will be further exposed. This is the time for America to show that it is for democracy and not for dictators.

Q- Do you think the US is seeking to justify its presence in the region by conducing to extremism?

A- The US will be foolish to lose Pakistan as well. Already the four contiguous Islamic states, Iraq, Iran, Afghanistan and Pakistan are making a region that will not serve American interests. Bad policies with respect to these countries will be fueling more anti-US sentiments in the region.

Q- What role can Benazir Bhutto or other political figures play in defusing the current crisis?

A- The role of BB is duplicitous. She is an American horse floated in Pakistan to strengthen the secular wagon. The poor people of Pakistan like her slogans for social and economic justice. But if she joins hands with Mush, she will lose credibility. She cannot defuse the crisis. However if she turns against Mush, the military regime may fall sooner than later.

Q- As you know, extremism and terrorism are the most important problems that Pakistan faces. Could you please explain the root causes of these two phenomena in the country?

A- There are several reasons. The first reason is the tension between secular and religious forces. Foreign powers do not want Islam to flourish in Pakistan. They will do everything to make Pakistan a secular state. Second, the Shia-Sunni conflict is fanned to create turmoil so that religious forces are not united. Third, Pakistan has failed to establish a political system that responds to local realities. The armed forces are highly westernized and they confuse national interests with foreign interests.

Q- What is your interpretation of the recent clashes in the Swat Valley?

A- The clashes in Swat valley are confusing. It appears that Pakistani soldiers are refusing to fight and kill local leaders and militants. Foreign militants are also present to train and pool resources against Western troops in Afghanistan. The tribal areas in Pakistan will also resist any attempt to weaken their sovereignty and self-rule.

Q- Why is it that Pakistan does not take any serious action against Jundallah terrorist group who is involved in terrorist actions against Iran?

A- Jundallah is a terrorist organization supported to put pressure on Iran and provide a tunnel to sabotage the Iranian system and government. I don't know the details about this organization, but I will not be surprised if it is supported by foreign forces that wish to dismantle the Iranian constitution.

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