Chief of Army Staff General Qamar Javed Bajwa has rightly articulated that, “the contemporary concept of national security is not only about protecting a country from internal and external threats but also providing a conducive environment in which aspirations of human security, national progress and development could be realized.”
The PM further stated that, “till the time people do not own their country, the country cannot be secure.” The PM’s special assistant on National Security, Dr Moeed Yousaf, calls for a national security dialogue parallel with the world’s best security platforms. “We should have a platform where ideas can be exchanged and others may come and join the dialogue,” Yousuf said. The dialogue aims at unveiling Pakistan’s new strategic direction based on a comprehensive security framework encompassing peace, regional connectivity and development partnership with the word. It is a timely initiative, indeed, when Pakistan is facing the challenges of rapid population growth, declining health and education standards and economic constraints.
It is hoped the dialogue will enable us to update our understanding of national security as a form of human security that largely depends on environmental protection, food security and sustainable economic development. The security of our people—surely the main prism of any serious thinking about national security—requires an inclusive discussion and appreciation for the input of experts in defence, health, economics, education, technology, politics, and law. It is expected that the Dialogue continues integrating intellectual input into policy-making.
No nation can make any progress and secure national security with a weak
justice system
At the same time, the dialogue seems to discount an important dimension of national security—that is, a robust and efficient justice system. Our policymakers seem to ignore these questions: Why is Pakistan’s justice system perceived to be a ‘weak’? To what extent has the legal system contributed to the state of the country’s economy, national security, and development? Does our system—particularly our local and provincial justice system—uphold the rule of law? Such questions are often asked by the international community and by the people of Pakistan. A national dialogue should address these questions.
Pakistan ranks 120 out of 128 countries in the World Justice Project ‘Rule of Law Index’ 2020, below Uganda, Nicaragua, and Zimbabwe. That is our ranking. Against this backdrop, we must ask: Why have the bar and bench failed to summon the leadership required to improve our justice system? Why governments have ignored the reformation of our justice system? Can this change? Yes. With our renewed realization and commitment to economic progress, state security and justice, we can make our judicial system strong. Thus, our policymakers should prioritize judicial reforms alongside dealing with other challenges such as globalization, technological interruption, and climate change.
More specifically, the constitutional scheme for the appointment of superior court judges, and the statutory procedure prescribed for the entry, training, and disqualification of lawyers may be revised as the existing laws and procedures have failed to improve the quality of our justice system. The bar elections (without meaningful reforms) has resulted in profound forms of inequality of opportunity amongst lawyers. Working in such a suffocating system is becoming challenging for professional lawyers and independent judges.
Further, effective and transparent accountability proceedings against poor performing members of the legal profession are rare. The incidents of professional misconduct such as violence and attacks on judges are often ignored. There is hardly any meaningful audit of the performance of our courts in terms of the quality of judgments and the number of disposal of cases. The cases keep on lingering for years without serious notice. Can we attract and protect domestic and foreign investment and boost our economy without strengthening our justice system? The people own their country only when they get justice. No nation can make any progress and secure national security with a weak justice system. Thus, the next iteration of national security dialogue must consider the challenges faced by our justice system. The government must support the judiciary and bar to initiate immediate reforms.
Briefly, the founding fathers of Pakistan envisaged a homeland where the rights of citizens are fully protected. The people of Pakistan want a strong state, responsible leaders, rule of law, and well-functioning democracy, including an effective justice system. A state where the constitution is supreme, the judiciary is independent, and all citizens are equal before the law and are entitled to equal protection of the law. It is hoped these concerns are considered in future dialogue on national security.
The writer is an advocate in the Supreme Court of Pakistan