Rule of law and democracy, protection to the rights of all those who voluntarily join a federation and wider political participation of even smaller ethno-national identities ensure a healthy federation.
This was the key essence of a lively discussion on federalism, people's democracy and civil liberties at a seminar organized by Actionaid Pakistan at the World Social Forum on March 26, 2006. Tasleem Mazhar was the organizer for the seminar. Bushra Gohar was the moderator.
Mr Bruce, a scholar from Canada, said if we trace the history of Canada, we find that the federalism in the country had faced a number of challenges that even led to cessation mass movements. But Canada dealt with these challenges democratically providing the people the right to choose by providing them a chance to vote for separation from the federation in case of Quebec province. The pro independence could not win the referendum. Co-relating his country's experience of federalism with Pakistan, he said federation can only be credible and healthy if all the federal units are happy with the arrangement.
He said Canada is the second largest country in the world after the Russian Federation in terms of territory but it has just 30 million people living in 10 provinces. Only the Quebec province is twice bigger the size of Pakistan. In such a huge country, we could have been able to make federation intact because we provided the provinces the rights they deserve for despite linguistic and ethic conflict, provincial disputes and even military rule. Canada had Martial Law in 1970. French population fought battle to get their rights and in federation, they got solutions of their problems and conflicts.
He said Canadian constitution provides room for compromise that generates a culture of dialogue among the provinces, the ethic groups and other components of the federation. The doctrine of compromise in the Canadian constitution gives rights to provinces to negotiate. Replying to a question, he said education is completely a provincial subject in Canadian federation. He said issue of minorities in federation is important, particularly immigrants in Canada have to face racism and discrimination as they do not get proper job even having Master's or Ph.Ds. They need to update their education according to the Canadian standards.
At the very outset of his presentation, Dr Kaiser Bengali said if we ideally speak we do not have a true federation in the state of Pakistan so there could be no problem relating to it when it is non existent. But theoretically principle of devolution of power at the grassroots level must be implemented. For example if we need to change a public electricity bulb, we should sort it out at very street level administration and if the issues go beyond the limits of once streets, then it should be settled at the two-street level administration and so on at town, city or district level works should be dealt with accordingly.
He said defence can be a central subject. We need to see which function is to be given to whom and at what level through a negotiation process at different levels. But, we have a culture of imposition of decision from the top instead of taking and implementing decisions through negotiations. We use third degree methods to achieve authoritative objectives, which damage the very spirit of federalism and democracy. For a healthy federation in Pakistan, we need to accept the principle of democracy but our elite do not want to give people their rights democratically. He suggested improvements in the constitutional provisions through national level negotiations to ensure that federation is functioning with its true spirit. Similarly, upholding rule of law is equally important to make federalism functional. He quoted the example of Saudi Arabia where rule of law is supreme but he said there is no hope that the rule of law gets importance in our circumstances. He called upon democratic forces and civil society to join hands to fight for restoration of democracy and upholding of the rule of law to ensure a viable federation in Pakistan. He said unless citizens, particularly democratic forces, join active politics, we cannot think of bringing about any major structural change in our society. We should join politics and enter parliament as members. He was critical that civil society do not want a political role and unless they do it, democracy cannot flourish.
Baloch leader Habib Jalib on this occasion said federalism means a 'treaty' giving provinces and nations' right to join a federation to run it in a way that there right to self determination is given importance and they are given a true role in decision making. Right to cessation from the federation is a fundamental right in a federation which had been exercised by Canadians. But the Balochistan despite having a strong political identity even 900 years ago (with its own parliament-Majlis-e-Shura) was annexed to Pakistan by denying this right, he added.
He criticized Muslim League's role over a century and blamed it for divide and rule, particularly in Balochistan. He questioned how come nations having a rich history of 5000 years be put together in a federation without giving them the right to self determination and right to cessation if they do not feel themselves comfortable with the federation when it deviates from its basic formation and the socio-political contract. He was of the view that there is no Pakistani nation per se and the two nation theory could not work even as it could not save Eastern part of the country. Now military operation is continuing in Balochsitan. He called for a strong revolution instead of cosmetic measures to give federation a true strength. He was of the view that in 1948, Balochsitan was made a part of Pakistan and there had been no treaty in specific to this effect. No constituent assembly was formed to make arrangements to run a federation, he added.
