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Parliamentary Research Digest J U L Y , 2 0 1 6 V O L U M E 3 , I S S U E 0 7 I N SI DE THI S

I SSU E:

Editorial Hope this finds our readers in best of spirits. The PIPS Parliamentary Research Digest July 2016 issue has discussed imperative topics such as population, integrative legisla-tive model, forest policy . We are confident that the digest assists honorable MPs to develop insights regarding key current issues at hand and help them seek solutions and make informed decisions. For any specific areas of importance that you want PIPS to send you research or brief-ing papers, don’t hesitate to contact us at [email protected]. Profound Regards and happy reading.

Muhammad Rashid Mafzool Zaka

Director (Research and I.T)

ANALYSIS

National Forest

Policy 2015:

An Appraisal

Page 01

OPINION

Engaging Civil Soci-

ety for a Construc-

tive Dialogue on

Population and

Fundamental Rights

Page 09

CONCEPT &

OPINION

Integrated/Hybrid

Model of Legislative

Drafting: Impact of

Policy Research on

Legislative Drafting

4

ANALYSIS

Pakistan: Friend or

Foe in the Fight

against Terrorism?

Page 19

Editorial Board

Editor: Muhammad

Rashid Mafzool

Zaka

Sub Editor: Ms.

Tehseen Khalid

Members:

M.Rizwan Manzoor

Ms.Fakiha

Mehmood

ISSN# 2414-8040

mailto:[email protected]

Father of the Nation, Quaid e Azam Muhammad Ali Jinnah said:

Duty of the Government:

You will no doubt agree with me that the first duty of a government is to maintain law and

order, so that the life, property, and religious beliefs of its subjects are fully protected by the

State.

…if we want to make this great State of Pakistan happy and prosperous we should wholly

and solely concentrate on the well-being of the people, and especially of the masses and the

poor.

Address, Constituent Assembly of Pakistan, Karachi, 11 August 1947

Pakistan Institute for Parliamentary Services 2016

PIPS Parliamentary Research Digest- Volume: 3, Issue: 7 Page 1

ANALYSIS

National Forest Policy 2015: An Appraisal

Fakiha Mahmood

(Research Officer, PIPS)

Sustainable forest management makes an important component in the international efforts to

tackle the threat posed by climate change. Owing to their capacity for curbing carbon dioxide

level in the atmosphere, forests play important an role in reducing climate change. Conversely,

they get affected by the adverse impacts of the climate change once it brings about unexpected

variations in climatic conditions. From ecological point of view, forests are important in land

conservation, regulation of flow of water, reduction of sedimentation in water channels and

reservoirs, and providing shelter to biodiversity. At national level, forests contribute to the

economy by providing timber for construction and furniture, living space and food, fuelwood

for energy. Also they provide income as well as recreation opportunities to families and

individuals. All this necessitates the formulation and implementation of an overarching legal and

institutional framework for the utilization of such an important natural resource. The draft

National Policy 2015 is an effort in this direction.

The World Bank definition considers forest area to be “land under natural or planted stands of at

least 5 meters in situ, whether productive or not, and excludes tree stands in agricultural

production systems and trees in urban parks and gardens.”1According to Food and Agriculture

Organization of the United Nations’ guide national forest policy is:

“… considered to be negotiated agreement between government and stakeholders

(i.e. all those who depend on or benefit from forests or who decide on, control or

regulate access to these resources) on the orientations and principles of actions they

adopt, in harmony with national socioeconomic and environmental policies, to guide

and determine decisions on the sustainable use and conservation of forest and tree

resources for the benefit of society.”

In an ideal situation, forest policy is a bond between all the major stakeholders in the area of

forestry adopted by the government. Hence the selection of stakeholders has direct bearing for

the policy. In other words, determining who is a stakeholder in the whole process remains highly

important. Furthermore, although officially espoused by the government, national forest policy

needs to be in line with:

The broader aims of society

National development or economic and poverty strategy

Policies issued by other departments including environment, climate change, agriculture,

industry and trade

Country’s unique history, culture, resources and aspirations

1 The World Bank, http://data.worldbank.org/indicator/AG.LND.FRST.ZS, (accessed May 5, 2016).



Country’s forest related international commitments2

Situation Analysis

With only 5.3 % of the total land area covered with forests, Pakistan is among those countries

with significantly low forest cover area.3 Within this 5.3% land area, almost 80% actually has tree

cover while the rest is denuded. 4 Also there is great disparity in the country in terms of their

distribution across the provinces as well as the type of the forests. Most of the forests

concentrations are found in the northern parts of the country with Khyber Pakhtunkhwa owning

40%, Northern Areas 15.7% and Azad Jammu & Kashmir 6.5%. Whereas, the share of forests in

Balochistan is 14%, Punjab 14.4%, and Sindh 9.4%.5 Most of the Natural coniferous forests are

located in Khyber Pakhtunkhwa, Northern Areas, and Northern Punjab.6 And Balochistan hosts

the world’s second largest Juniper forest resources.7

However, it should be recognized that the primary reason for low forest cover in Pakistan is that

70-80% of land in Pakistan lies in arid or semi-arid zones, due to low precipitation tree growth is

weak is these areas.8 The weather or climatic characteristics prove to be detrimental even for

those saplings planted with the intention to increase the forest cover area. Apart from the

environmental conditions, massive deforestation and the lack of the concerned agencies to

control the situation has significantly reduced the forest cover area in the country. The estimates

show that the rate of deforestation was 2.1 percent or 47,000 hectares for the period 1990-2005.9

Any effort at preserving the natural habitat existing in the form of forest cannot ignore the

various benefits forests provide to the local community as well as the economy in general.

Hence, the demand side of the forests should well be taken into consideration before looking at

the forest policy. The ratio between the domestic demand for wood and annual increase of

forests presents a dismal picture as the demand is three times higher, than that of the annual

increase. Forests and the related small industries are a source of income for about 500 000

2 Food and Agriculture Organization of the United Nations, “Developing effective forest policy: a guide,”

http://www.fao.org/docrep/013/i1679e/i1679e00.pdf, (accessed April 28, 2016). 3 Planning Commission, Government of Pakistan, “Annual Plan 2014-15.”

4 Government of Pakistan, Planning Commission, “Task Force on Climate Change: Final Report,” (February

2010), http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9NT0MvUHVibGljYXRpb25zJTIwb24lMjBFbnYlMjBhbmQlMjBDQy9jbGltYXRlJTIwY2hhbmdlL1RGQ0MlMjBGaW5hbCUyMFJlcG9ydCUyMDE5JTIwRmViJTIwMjAxMC5wZGY%3D, (accessed April 20, 2016), 26. 5 Lubna Hassan, “An anatomy of state failures in forest management in Pakistan,” The Pakistan Development

Review 46:4 Part-II (2007), 1190. 6 Javed Ahmed & Fawad Mahmood, “Changing perspectives on forest policy,” IUCN Pakistan and International

Institute for Environment and Development, (1998), http://pubs.iied.org/pdfs/7533IIED.pdf, (accessed May 2, 2016), 1. 7 WWF Pakistan, Juniper Forests – Ziarat, http://www.wwfpak.org/ecoregions/JuniperForests.php, (accessed

May 12, 2016). 8 “Forest and Biodiversity information/data,”

http://www.undp.org/content/dam/pakistan/docs/Environment%20&%20Climate%20Change/UNDP-PK-ECC-Forests%20and%20Biodiversity.pdf, (accessed April 27, 2016). 9 Ministry of Climate Change, Government of Pakistan and United Nations Environment Program, “The

Environment and Climate Change Outlook of Pakistan,” http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9FQ0NPL2V4ZWN0aXYtc3VtZXJ5LnBkZg%3D%3D, (accessed May 11, 2016), 3.



people. They provide fodder for 90 million entities of livestock. 10 Forests are an important

source of medicinal plants and non-timber forest products. All this generates huge pressure on

the quickly disappearing forests.

Legal types of forests in Pakistan

Almost 85% of forests in Pakistan are state owned, a number of privately owned forests are also

managed by the state. Legally, forests are divided between public forests (state-owned) and

private forests (non-state). Reserve forests and Protected forests are the prime categories of the

public forests whereas, Guzara forests make the major part of the private forests. The

differentiation among them is based on the rights granted to the local people. Following is a brief

account of different legal classes of forests.

> Public Forests: come under the jurisdiction of provincial administration in three sub-

categories:

o Reserve Forest: are free of private rights. Only concessionary rights are granted

including rights to passage, water, grazing and fuel wood collection.

o Protected Forests: (found in all provinces excluding AJ&K) in addition to

concessionary rights, local residents have rights to timber for non-commercial

use.

o State Forests: (located in Balochistan and AJ&K) are free of private rights, only

concessionary rights are provided which the government can revoke at any time.

> Private forests:

o Guzara Forests: are owned by the communities, they did not come under the

category of Reserve or Protected forests at the time of land settlement. These

forests can be used for the commercial purposes, however government regulated

cutting in these forests.

o Communal Forests: are found in the Northern Areas. Before takeover in 1972,

these belonged to the local rulers, and are now governed by the forest

department.11

Challenges to forestry in Pakistan

Some of the challenges to forestry sector in Pakistan are:

i. Absence of national forest monitoring mechanism

ii. Un-regulated inter-provincial movement and trade of timber

iii. Absence of an approved national forest policy

iv. Lack of availability of scientific data and research in the area of forestry in Pakistan

v. Transfer of forestlands for non-forestry uses

vi. Illegal encroachments

vii. Shortage of irrigation water

viii. Inter-sector conflicts

ix. Natural calamities

10

Ibid 11

Lubna Hassan, op. cit., 1190-91.



x. Fragile governance structure

xi. Weak law enforcement

Governance framework

Forest Ordinance 2002 acts as principle legislation for forest governance in Pakistan. Prior to the

Forest Ordinance 2002, the Forest Act of 192712 remained in place as a principle legislation with

the exception of Hazara and Northern Balochistan, which were governed under NWFP Hazara

Forest Act 1936 and Balochistan Forest Regulation 1890 respectively.13 The Constitution of the

Islamic Republic of Pakistan 1973 puts the subject of forestry into the provincial realm, limiting

the role of the Federal Government to national planning and economic coordination, Inter-

provincial coordination and matters incidental or ancillary thereof. The Federal Government is

entitled to regulate import and export of wood and forest products, interprovincial trade and

commerce, trade and commerce with other countries. Furthermore, the Federal Government

retains the exclusive mandate to implement international instruments concerning forests.

Federal Government is also responsible for the governance of forests in FATA through the

FATA Secretariat. Whereas, the governments of Azad Jammu & Kashmir as well Gilgit-Baltistan

look into the matters pertaining to forests in their respective area of jurisdiction.14 Most

importantly, the governance framework reveals that the subject of forestry is a provincial

domain. It was so well before the Eighteenth Amendment. Hence, the mandate of the Federal

Government gets restricted and limits to some specific functions. In this regard the function of

the National Forest Policy is to provide an overarching body of principles and institutions to

support the mandate of the provincial governments.

Forest management in Pakistan is primarily tailored on the British experience in the

Subcontinent during the colonial era. The legal framework is considered to be punitive and harsh

while the institutional mechanisms rest on the principle of command and control, for the

presumption that the local communities are not environment friendly, hence their role needs to

be minimized. All this resulted into lack of community involvement in the forest affairs causing

resentment among the local communities.15

Draft National Forest Policy 2015: key highlights

The draft policy aims at the “expansion, protection and sustainable use of national forests,

protected areas, natural habitats and watersheds for restoring ecological functions, improving

human health in line with the national priorities and international agreements.”

Expanding forest cover

12

Lubna Hassan, op cit., 1190. 13

Moeed Yousaf, “Legal and Institutional Dynamics of Forest Management in Pakistan,” Journal of Sustainable Development Law and Policy 5, no. 1 (2009), https://www.mcgill.ca/jsdlp/files/jsdlp/5_1_2_yusuf_0.pdf, (accessed April 27, 2016), 52. 14

Ministry of Climate Change, Government of Pakistan, Draft National Forest Policy 2015, http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9TTU5fRm9yZXN0X1BvbGljeV9GZWJfMTAucGRm, (accessed April 21, 2016). 15

Moeed Yousaf, op cit., 54.



o Massive afforestation program

Periodic assessment by independent third party monitors

o Integration with the economic sectors

Mandatory Environment Impact Assessment

o Ecological corridor16

Trans-boundary ecological corridor shall be established along Pakistan-

China Economic Corridor in 5-10 km wide strip which later on may be

extended to Afghanistan and Central Asia

Wise use of wetlands including Ramsar sites17 by designating agencies

Preventing deforestation

o Regulating inter-provincial timber movement, commerce and trade

Routes shall be defined for the movement of timber

National regulatory authority shall be established to regulate inter-

provincial movement of timber

Adoption of a timber certification system

Assistance from armed forces and law enforcement agencies to control

forest related crimes

o Reduced Emissions from Deforestation and Degradation (REDD+)18

Implementation of REDD+ in accordance with international agreements

Forest ownership and rights

o Purchase of privately owned and communal forests

Promote integrated use of forests, wildlife and biodiversity management

o Synchronizing the effectiveness of forestry and wildlife departments

o Legislation for control of invasive alien species

International obligations and opportunities

Scientific planning, policy & legal reform

o Provision of a national platform to all federating units, for exchange of

knowledge and experience relevant to forest policies and laws

o Provision of necessary advice to federating units to make their relevant policies

and laws harmonized and conforming to international agreements

National institution for research, education, training and monitoring

16

Ecological corridor or Biological corridor is a continuous geographic extent that links ecosystem, both spatially as well as functionally, to restore the connection between habitats that are otherwise fragmented by natural causes or human development. Through the connection of fragmented habitats, the viability of animal and plant species is improved by enlarging habitats. 17

Ramsar Sites are “wetlands of international importance” contained in the Ramsar List maintained under the International Convention on Wetlands of International Importance, commonly known as Ramsar Convention for the city in Iran where the convention was signed in 1971. Currently, there are 2,200 Ramsar Sites around the world. Pakistan became party to this convention in 1976, and currently hosts 19 Ramsar Sites on its territory. 18

REDD+ is a strategy to incentivize those actions aimed at reducing emission of carbon dioxide. Its legal basis rests in the Cancun agreement of the United Nations Framework Convention on Climate Change (UNFCCC). According to the Convention, REDD+ would be implemented in three phases including readiness, piloting and results-based payments. In Phase three, which is expected to be started in 2020, forest communities would get results based payments for quantified and verified emission reduction from forests.



o A national institution shall be established in Islamabad to promote advance

research in forestry, biodiversity and allied disciplines

o National institution shall develop and maintain updated databases related to all

aspects of forestry, biodiversity and allied disciplines, conduct periodic national

forest assessment and publish state of forest report after every two years.

Economic coordination and sustainable financial support

o Reflect in Five Year Plan/Mid Term Development Framework/Perspective

Plans

o Allocate PSDP funds for Provincial afforestation programmes and projects

o Mobilization of international funds from multilateral and bilateral sources

o Facilitate Results-based payments under REDD+

Implementation mechanism

o Reactivation of Federal Forestry Board under the chairmanship of Minister for

Climate Change

o The policy will be reviewed after five years of implementation

Way Forward

The track record of the forest policies in Pakistan reveals that the area of forestry has not

received due attention at the highest level. Obvious result is a weak legislative as well as

governance structure, often considered to be reminiscent of the colonial era and unable to meet

the current challenges. Apart from the problem faced at the domestic level, such state of affairs

becomes problematic at the international level. The recent developments at the global level,

characterized with ever increasing interest in climate change and related areas necessitate the

existence of up to date information, laws and institutions meant to tackle with these challenges.

This is all the more important for Pakistan which is among the top most vulnerable countries in

the world. Pakistan has heavily suffered in the form of floods and unexpected shifts in climatic

patterns in recent years. Resultantly, an already meagre source of forests in Pakistan has suffered

severe brunt. For example the coastal mangrove forests which make up 3% covering 132,000

hectares of the forest area in Pakistan, are under significant threat of destruction due to

“increased intrusion of sea water into the Indus Delta as a result of sea level rise caused by

climate change.”19

The absence of an approved national forest policy in itself is one of the major challenges forestry

sector has been facing in the country. Coming up with an initiative such as the draft National

Forest Policy 2015, hence, is highly appreciable. It also provides an opportunity to look again at

the legislative framework in order to make necessary improvements in this regard. For instance,

Pakistan’s Voluntary National Report (2014) to the 11th Session of the United Nations Forum

(2015) on Forests admits that “existing forest laws are incapable of meeting objectives of

international obligations related to Sustainable Forest Management.”

19

Planning Commission, Government of Pakistan, “Task Force on Climate Change: Final Report,” (February 2010), http://www.mocc.gov.pk/gop/index.php?q=aHR0cDovLzE5Mi4xNjguNzAuMTM2L21vY2xjL3VzZXJmaWxlczEvZmlsZS9NT0MvUHVibGljYXRpb25zJTIwb24lMjBFbnYlMjBhbmQlMjBDQy9jbGltYXRlJTIwY2hhbmdlL1RGQ0MlMjBGaW5hbCUyMFJlcG9ydCUyMDE5JTIwRmViJTIwMjAxMC5wZGY%3D, (accessed April 20, 2016).



Although forestry is a provincial subject, yet the integrated nature of the challenge requires an

integrated approach at the national level to deal with the situation. Also keeping abreast of with

the international developments in the area of climate change and forestry cannot be done on

individual basis.

Provision of necessary information plays a crucial role in the policy planning. The lack of

adequate information weakens the ground of the policy to be formulated. Due to absence of

recent data from credible sources, varied claims exist regarding the forest cover in the country.

The draft policy cites 2004 figures to mention the forest cover area in the country. Going

through an exercise like formulating a National Forest Policy involving all the provinces,

provides an opportunity to make a fresh assessment of Pakistan’s forest resources. Nevertheless,

it is encouraging that the policy acknowledges the information gap and envisages the

establishment of National institution for research, education, training and monitoring to fill this

void.

One of the biggest challenges in curbing deforestation is the weak governance structures and law

enforcement mechanisms, which allows the timber mafia to flourish at the cost of the wellbeing

of the poor and marginalized population of the local communities. Appreciably, the draft Policy

envisages the involvement of law enforcement agencies and even the armed forces to control

forest related crimes. However, the practicality of such idea has yet to be established, given the

preoccupation of armed forces on several fronts within the country as well as on eastern and

western borders. Also there is a segment of the society which opposes the expansion of the

mandate of armed forces in non-military sectors and advocates the strengthening of civil law

enforcement agencies to carry out such duties.

The idea of natural endowment should make the bedrock of the forest policy. Pakistan is among

those countries with lowest forest cover area. Apart from deforestation there is something

natural in it for the geographical or topographical makeup of the country which cannot support

vast tract of forests. The mass afforestation programs incorporated in the Policy must take into

account these natural factors.

The draft National Forest Policy 2015 has comes at a historic moment when the third tier of the

government, i.e. the local government is functional under a civilian government. As a policy

measure for the mass afforestation program the draft Policy states that the “Federal and

Provincial Governments shall support local government in implementation of their respective

afforestation and forest protection programmes and projects.” Local governments owe great

potential for engaging the local communities which make the most important stakeholder in

relation to forests. These poor and marginalized sections of the society depend wholly on forests

for their livelihood and most often due to lack of voice at the highest levels, they remain unable

to find their place in the policy process. Local governments should be involved to bridge this

gap.

Forestry directly relates to the poverty level of the local communities depending on forests for

their livelihoods.20 In this regard the forest policy should be devised in a manner in which

20

20

Moeed Yousaf, op cit., 52.



poverty alleviation complements the conservation strategy. Recognizing the potential forestry

owns in poverty alleviation, some countries as well as international donors are revising forest

policies to take into account rural development and poverty alleviation. This trend can be

effective in sustainable development and livelihood security.21

21

Babar Shahbaz, Tanvir Ali & Abid Qaiyum Suleri, “A critical analysis of forest policies of Pakistan: implications for sustainable livelihoods,” Mitigation and Adaptation Strategies for Global Change (2006), http://www.lead.org.pk/msd/attachment/reading_material/Critical_Analysis_of_Forest_Policies_of_Pakistan.pdf, (accessed April 22, 2016).



OPINION

Engaging Civil Society for a Constructive Dialogue on Population and Fundamental Rights

Ms. Tehseen Khalid (Senior Research Officer, PIPS)

A. Socio-cultural challenges associated with Population Planning:

Challenges in Pakistan’s wellbeing have been escalated due to continuously growing

population. These include access to education, unemployment, malnutrition, access to

health services, higher dependency ratio, low income per capita, high inflation, low living

standards, pollution, access to basic amenities of life etc.

The population of Pakistan according to UN estimates is 192,458,864 on May 30, 20161.

According to latest Economic Survey 2014-15 Pakistan is the sixth most populous

country with a projected population of 191.71 million and 1.92 % growth rate per

year2. If the population continues growing in this manner, it is estimated that Pakistan

would become the 5th most populous country by 2050 in the world ranking3.

Family planning Initiatives in the country started with the foundation of Family Planning

Association of Pakistan (FPAP) in 1953 which is now called “Rahnuma”. Country’s’ first

family planning scheme was part of third five year plan (1965-1970) which became

template for all family planning strategies. Later international donor community also

spent on Pakistan’s Population program. This program received political support from

1988 to 2002. Being the signatory to the Program of Action developed at the

International Conference on Population and Development at Cairo in 1994,

Pakistan pledged to provide universal access to family planning by 2010. But due to

instability in the country for a long period of time, this program could not run effectively.

Although Pakistan was the first country in Asia, which started its family planning

program, yet it has now the sixth largest population of the world which reflects the slow

progress of this program in the country. The Total Fertility Rate (TFR) in Pakistan has

declined from 5.4 children per women to 3.2 per women. Yet it is highest among South

Asian region except Afghanistan4. Decrease is rapid in urban areas (35%) as compared to

rural areas (25 %)5.

Today one-fourth of the Pakistani women use contraceptive. According to the latest

Contraceptive Performance for the year 2014-15 in terms of Couple Years of Protection

(CYP) has decreased by 7.2% in comparison with the last year 2013-14. The CYP has

1 World Meters, http://www.worldometers.info/world-population/pakistan-population/

2 Ministry of Finance, Pakistan Economic Survey 2014-15, Available At:

http://www.finance.gov.pk/survey/chapters_15/12_Population.pdf 3 http://www.pk.undp.org/content/pakistan/en/home/countryinfo/

4 Ministry of Finance, Op. cit.

5 National Institute of Population Studies, Pakistan Demographic Health Survey 2012-13.



also decreased in Provinces. The overall Contraceptive Prevalence Rate (CPR) during

2014-15 is 25.74% which is lower than 27.41% in the year 2013-14. 6

Socio-cultural Challenges associated with Family Planning

It is well known that no country can prosperous without reduction in its population

growth rate. In Pakistan, the need for lowering growth rate is more urgent. However

there are socio-cultural challenges associated with population planning.

a. Political Upheaval: Although the move to control exponential population

growth started in early 1960’s in the country but the political turmoil stalled the

progress of the program. Consistency and continuity of the democratic system

can improve the performance of the existing programs.

b. Religion: Religion remains central to the discourse and some religious leaders

oppose family planning. Muslims also believe that “Allah is Raziq” He provides

food to every soul. Sometimes couples also cite religion for avoiding birth

control. However there is a positive sign that some religious leaders have begun

discussions in their communities and are in favour of population planning as

wellbeing of child and proper upbringing is prior responsibility as envisioned in

Islam.

c. Decision Making: The dynamics of decision making also creates barrier to

access. The male members of the family have the final decision making power

regarding reproductive health. Various studies have identified the role of husband

and mother-in-law on family planning and stressed on the importance of

communication between spouses regarding the use of contraceptives. Analysts

are of the opinion that some NGOs are making efforts to target males through

advocacy, but little could be achieved.

d. Status of Women and autonomy: Another reason associated with family

planning/ population planning is women’s low status and limited autonomy in

the society. In our society women generally do not have liberty to raise their

voice especially when it relates to their pregnancy. They have limited autonomy

to decide about birth spacing.

e. Access to health care facility: The average distance between reproductive

health care facilities especially in the rural areas of Pakistan also poses great

impact on the use of services of health care providers.

f. Attitude towards the use of contraceptives: The common attitude towards

modern family planning in Pakistan is that is “it a Western convention that

offends Islam”. But a verse from Holy Quran states

"Mothers shall nurse their children two complete years for whoever desires

to complete the nursing term."

Thus Islam allows a woman to breast feed a child and interfere pregnancy.

Moreover, some people avoid using contraceptive because they believe that

contraceptives have side effects.

g. Early Marriages: There is a trend of marriage at early age in the Country.

Especially females get married at a very young age between 15-24 years. Early

6 Pakistan Bureau of Statistics, Contraceptive Performance Report 2014-15.



marriages result in greater number of pregnancies and as a consequence

population increases exponentially.

h. Lack of Awareness: Lack of awareness about the range of family planning

methods is one of the factors which effects population planning. On the other

hand increased awareness regarding birth spacing not only improves maternal

and child health but also aids in population control.

i. Lack of Education: Education, especially women education is a key to control

population. The trend of educating women is lower in Pakistan. Educating young

girls can be a best policy for reducing family size and fertility rate.

j. Shortage of Contraceptive: Although government has developed a larger

infrastructure for provision of healthcare services but the decrease in Couple

Years of Protection (CYP) in the latest Contraceptive Performance Report 2014-

15 was linked with shortage of technical staff i.e. Family Welfare

Councilors/Workers and Women Medical Officers, coupled with some other

factors like engagement of staff in refresher training; low clientage due to severe

weather conditions & heavy rains; shifting of Family Welfare Centers to Health

Outlets and insufficient contraceptive availability in some districts7. Government

must take effective steps to rule out all these problems.

Availability of Contraceptives is of prime importance among all. There is a

central ware house in Karachi from where the contraceptives are distributed

throughout the country. Pakistan is still dependent on donor funds for

procurement of contraceptives. At 2012 London Summit on Family Planning,

Pakistan has already committed to increasing the contraceptive prevalence rate to

55% by 20208. Therefore, under the auspices of FP2020 movement government

must focus on procurement of contraceptives especially at national and regional

level to control population growth rate. At this point there is a need to focus on

increased local production and self-reliance. Local production of pills and

injectable is already underway. There is a need to encourage pharmaceutical

companies for production of local contraceptives and for this purpose incentives

must be given to the manufacturers.

B. Avenues for meaningful Parliamentary interventions to address population

planning:

1. Parliament is the legislative, oversight and policy making body of a country. Therefore it

can influence the existing policies, introduce new legislation and propose amendments in

existing laws. It can affect the working government by

scrutinizing the bills referred to the Parliamentary committees by the Parliament

Passing new legislation and proposing amendment in existing legislations

Securitizing public expenditures and sums spent during the Financial year

Monitoring the government policies and projects

Generating debate in the parliament

Asking questions

7 Ibid.

8 Ibid.



Moving calling attention notices

Influencing allocation of funds in the budget

2. Political Commitment: Strong political commitment can put population at the centre

of Pakistan’s development planning by stakeholders like population welfare departments,

Finance department, health department, NGOs etc. The family planning needs to be

repositioned in policy dialogues and development in order to convince these stakeholders

which is also closely related to maternal and child health as well as population control.

3. Parliament to help develop a National Narrative focusing on “family planning

and well-being of child,” rather than birth control: Members of Parliament are public

representatives who have wide outreach and following within party and big

constituencies. They can engage local and national civil society, media at large, religious

leaders, icons and role models as well as the platform of National parliament and

provincial assemblies to revive a National Pakistani narrative emphasizing the intense

need to plan families for sustainable well-being of coming generation and providing

necessities of healthy and happy life including nutrition, health, quality education and

employment in the longer run to make them productive citizens of the society.

4. Post 18th Amendment Scenario: In the current scenario, as a consequence of 18th

amendment, the population welfare department which was once called “Ministry of

Population Welfare” is now operating in each province. Ownership at provincial level is

the key to success. Several steps can be taken to make family planning programs more

effective

i. Increase in allocation of funds to this program: By increasing allocation

of funds the service delivery will be improved and resources could be

utilized in an effective manner. MPs can sensitize government to increase

allocation of fund to the population welfare departments.

ii. Strengthen partnership with other stakeholders: The program can

significantly improve its service delivery by integration of components

and coordination with health sector. The program can be further

strengthened if NGOs sector is brought in close collaboration with the

Government and public-private partnership be promoted.

5. Role of SDGs Secretariat: The situation has aggravated because Pakistan remained

unable to meet global MDGs targets which ended in 2015 and now the world has moved

to sustainable development goals (SDGs). Most of the SDGs targets directly relate to the

population and can only be achieved if we have proper population planning. Some of

these goals are:

End poverty in all its forms everywhere

End hunger, achieve food security and improved nutrition and promote

sustainable agriculture

Ensure healthy lives and promote well-being for all at all ages

Ensure inclusive and equitable quality education and promote lifelong

learning opportunities for all

Achieve gender equality and empower all women and girls

Ensure availability and sustainable management of water and sanitation for all



Ensure access to affordable, reliable, sustainable and modern energy for all

Promote sustained, inclusive and sustainable economic growth, full and

productive employment and decent work for all

SDGs Secretariat established in the National Assembly thus has a central role because it

is a connecting link between the federation and provinces. MPs of National Parliament

and all provinces can sit together to devise a consensus based strategy for population

planning. This forum can create a high level advocacy through dialogue with all the

stakeholders including government, civil society and public at large. MPs can influence

policy making by initiating and passing consensus based bills in the Parliament and also

influence budgeting and allocation of funds.

6. Linking Human Rights with Population Planning: The goals set in SDGs are linked

to the basic human rights i.e., access to food, health care services, education, safe

drinking water etc. A state can only provide these basic human rights if it has a limited

population. Unnecessarily growing population hinders the economy and progress of the

country. MPs should focus on human rights and propose legislations which can cater for

both i.e., human rights as well as population planning.

7. Promoting Women Education: Investing on women education is imperative. It will

not only increase women’s participation in society, in labour force, economy but also

bring a positive change in terms of achieving goals of lowering fertility and transforming

values about ideal family size.

8. Strengthening National Health Systems and departments: National Health systems

can be strengthened by reviewing the existing frame work and policies of the country.

Relevant Standing Committees have the powers to review the policies and suggest ways

to improve the existing policies. MPs can also devise mechanisms to strengthen National

Health systems and departments. In addition, LHWs are working in Pakistan who

provide door to door health and family planning services, supplied with oral and

injectable contraceptives and condoms to distribute to their communities. Effective Steps

should be taken regarding recruitment of more lady health workers and rationalization of

wages for their retention in the service. Addition of Male Mobilizers could be effective

because they can advocate males about using contraceptives more effectively as

compared to females.

9. Census: Last but not the least, most grave issue remains that demographic census was

held only in 1998 and due to yet another postponement of new census in 2016, any

attempt to make accurate policy intervention on population planning and to pro-actively

start a national narrative on Population will be equivalent to day dreaming.

10. It is high time that all parliamentary and societal stakeholders rise above all

exigencies to start a pro-active implementation of a National Narrative on

population planning for a progressive sustainable future of Pakistan’s coming

generation.



CONCEPT & OPINION

Integrated/Hybrid Model of Legislative Drafting: Impact of Policy

Research on Legislative Drafting

Kashif Mahmood

(Deputy Director Legislation Wing, PIPS)

Pragmatic public policy can be explained as the manifestation of an objective. The use of the word

“policy” by a legislative counsel is therefore intended to mean the objectives of the governing party of a

State in relation to each distinct legislative proposal enunciated by it. These objectives are described as the

policy for which the executive gives its approval and which is then required to be transformed into law in

order that the governing party may then implement such laws and thereby prove to the general public,

which is its electorate, the soundness of the policies expressed in its election manifesto. Indeed there are

religious policies, social policies, political policies, economic policies, education policies and so on, which

are born out of election manifestos and which are paraded by the would-be parliamentarians to convince

the voting population of a country into voting for a particular political party at a forthcoming election.

As such, policy is a tool and even at times a weapon in the hands of politicians, administrators and

governments the world over. It is therefore correct to say that the primary function of a legislative

counsel is to transform governmental policy into understandable and implementable laws: to be

responsible for the preparation of primary legislation. Thus in relation to a Government in a

parliamentary state, the onus of making policy and manifesting such policy rests with the Executive arm

of the Government. Here the study digresses for a brief moment to recall the Doctrine of the Separation

of Powers, which is the backbone of the Westminster system of Government and which is also applicable

to Pakistan.

The main feature of this system is the compartmentalization of the three main arms of governance or the

holy trinity of good governance: Parliament, the Executive and the Judiciary. The function of the

Executive is to conceive/make policy and manifest such policy; the function of Parliament is to enact

legislation giving effect to such policies; the function of the Judiciary is to interpret the legislation enacted

by Parliament on the basis of the policies conceived/made and manifested by the Executive. Thus the

policy relating to any subject which needs the attention of the legislature will, once approved by the

establishment division or concerned ministry then for a formulation of a pragmatic action vaguely

introduced in either house by a spontaneous process of drafting. This study identifies the contemporary

practice of transformation of public policy in to legislative bill as a blurring phase of governance, a void

where all the parameters of governance seem to be failed. This study intends to focus on this void to find

out a way forward to formulates an integrated system of legislative drafting in Pakistan

Core Areas of Concerns

1. What are good drafting instructions and how can policy officials be instructed on preparing them?

2. What are the benefits of integrated model and the challenges of maintaining it? There are pro‟s and

con‟s of maintaining the line between policy-making and legislative drafting. But the exigencies of

modern drafting would sometimes require a drafter to deviate from the traditional role in order to

discharge these functions more effectively/efficiently.

3. Whether such proposed course of action is compatible with separation of power theory



4. What is an integrated/ hybrid legislative drafting model and what are its benefits? What kind of link at

has with ROCCPPI (Rule, Opportunity, Capacity, Communication, Process, Psychology and Impact)

Model

Methodology used to locate pragmatic problem identification for analogous Legislative Drafting

The following nine methods can be resorted to draft an integrated and pragmatic legislation to achieve

legislative intents and objectives in a given society.

(1): The Problem Cause Analysis The Problem cause or „root- cause‟ analysis is an investigation and

identification of an issue with the help of problem cause diagram also known as „Fishbone diagram‟ or

concept diagram. It elaborates the core issue, its linkages to other problems; reasons and effects, firstly by

elaborating a problem-cause tree made for visualization method. This model would also elaborate the

ranking of causes directly attach to the problem. The theoretical ranking also helps this study to build a

theory, which needs further research. It is a tool of qualitative research with social mapping and Venn

diagram as well as flow diagram techniques for plausible and comprehensive deliberation about a

particular phenomenon, as well as to understand its cause and effect relationship.

(2): The Logical Framework Analysis Logical Framework Analysis is an analytical process for

structuring and systematizing the research. It was developed in the late 1960‟s, and has been adopted as a

project planning and management tool. In logical framework, approach a set of design tools for planning,

designing, implementing, monitoring, and evaluating the impact of Legislations. Log frames give a

structure, logical approach to setting priorities, and determining the intended purpose and results of

research. Logical framework deals with the problems and stakeholder‟s analysis regarding the impacts of

Legislations. It contains, aims of the legislation, its anticipated long term objectives, short time

outcomes and structural activities/inputs.

(3):PESTL ANALYSIS PEST analyses mean the "Political, Economic, Social, Technological and Legal"

analysis. This qualitative method describes a situational path to understand a scenario of political,

economic, social, technological and legal factors. The PESTL analysis deals with the study of a particular

environment with respect to a specific situation which elaborates all the eventual circumstances in a

defined time and space. The five-dimensional study of an overall environment helps to understand its

systems and subsystems for a respective policy action and legislation. It also appears a pragmatic tools for

parliamentary oversight to achieve accountability in governance and administration.

(4): SWOT ANALYSIS This strategic tool can also be used in every sphere of the human life, it is

usually helpful to understand phenomena by brain storming on its pros and cons. This segment of study

would deal with the policy analysis and implanting process by keeping in mind the strength, weaknesses,

opportunities of legislative process

(5): TOWS ANALYSIS The TOWS Matrix is a systematic analysis, which matches and compares

Internal Strength with Opportunities and Threats, External Weakness with External Opportunities and

External Threats of this research. Through this Matrix, the research analyzes the competitive situation by

four distinct sets of strategic alternatives. TOWS analysis is divided into four categories; such as The

“Maxi-Maxi” Strategy, “Maxi-Mini" Strategy, The "Mini-Maxi" Strategy , The "Mini-Mini"

Strategy

(6): SURVEY ANALYSIS The survey is a non-experimental, expressive, and communicative research

method. The survey rational of this study is based on qualitative method, which is helpful to build a

theory. It is useful when a researcher wants to collect data on that phenomena and problem that cannot



be directly observed. Surveys are used widely in social sciences, information sciences, and management

science to review attitudes and characteristics of subjects. There are some important types of surveys such

as cross- sectional surveys, which are helpful to collect information at single point and the longitudinal

time series surveys, collect information at different periods. This research would deal with the cross-

sectional survey based on random sampling of a focused group to check the trends

(7): EMPIRICAL ANALYSIS: Regression analysis is for prediction and for forecasting the behavior of

variables. In regression analysis, dependent variables can be metric or non-metric and the independent

variable can be metric, categorical, or both a combination of metric and categorical. The method, which is

used to calculate the parameters, is OLS Method. The general equation of OLS (Ordinary Least Square)

Method is: Y = α + β X + Є

Y = Disposal of cases (dependent variable)

X = Institution of cases (independent variable)

Here α shows the intercept of the equation, β shows the slope means rate of change in independent

variable “institutions of cases” and Є error term of the model. The model, which is under consideration,

is about a relationship between problem identification and a consequent legislation

(8): The Kite Model: To achieve legal pluralism a four dimensional approach is used to draft a pragmatic

law. In this model, competing interests of natural law, indigenous social concerns, universalistic approach

of common law and International human rights and humanitarian laws are attempted to get a legislative

harmony in a fragmented society.

(9): Therapeutic Jurisprudence in Legislative Drafting: As a catalyst to enforce Human Rights with

Dignity, Therapeutic Jurisprudence(TJ) can be put into practice by focusing on the implementation of

therapeutic jurisprudence in different fields of law especially the mental health law, family law, child

custody law, labour laws and other social security law. Similarly it inquires that how therapeutic

jurisprudence can be implemented in Pakistan judicial system to protect the human rights of vulnerable

segment of society. Moreover there are inmates spending time in jails who are not criminal with criminal

intents, rather are deviants due to specific mental disorder. Seriously mentally ill offenders make up a

disproportionate number of inmates and tend to be in and out of jail frequently often for minor offenses.

Hence Therapeutic Jurisprudence in legislative drafting comes for the help of those who are being wasted

in jails and becomes a burden on the economy of a country.

Therapeutic Jurisprudence is the study of the rule of law as a therapeutic agent.1 Within this concept

the role of lawmakers, lawyers and judges during adjudication is of serious concern.2 Professor

Christopher Slobogin defined therapeutic jurisprudence as “the use of social science to study the extent to

which a legal rule or practice promotes the psychological and physical well-being of the people it affects.3

Consequently in the family law context, this concept of the law as a therapeutic agent is particularly

1 GREG BERMAN & JOHN FEINBLATT, GOOD COURTS: THE CASE FOR PROBLEM-SOLVING JUSTICE 49-50 (2005)

[hereinafter BERMAN & FEINBLATT, GOOD COURTS] (citing LAW IN A THERAPEUTIC KEY: DEVELOPMENTS IN THERAPEUTIC JURISPRUDENCE xvii (David B. Wexler & Bruce J. Winick eds., 1996)). Therapeutic jurisprudence has also been defined as the study of the extent that the law affects the physical and psychological interests of individuals in a community. 2 see JUDGING IN A THERAPEUTIC KEY: THERAPEUTIC JURISPRUDENCE AND THE COURTS 7-8 (Bruce J. Winick &

David Wexler eds., 2003) (explaining that the “anti- therapeutic consequences” relate to emotional and psychological issues confronted by the court in some cases, and the affect that the court has on these issues). 3 Christopher Slobogin, Therapeutic Jurisprudence: Five Dilemmas to Ponder, 1 PSYCHOL., PUB. POL’Y & L. 193,

196 (1995), reprinted in LAW IN A THERAPEUTIC KEY, 767.



relevant to situations where families experience intra- or inter-family crisis. Envisioning the court's role in

these family crisis situations as that of facilitating more positive relationships or outcomes and of

strengthening families' functioning, or a "prescriptive focus,' seems particularly appropriate. Liberalized

divorce laws' especially in UK have encouraged a therapeutic focus by some professionals involved in

these cases, thereby providing an example of the relevance of therapeutic jurisprudence to family law. As

the legal focus in these divorce cases has shifted away from questions of fault surrounding marital

breakup, the mental health profession's emphasis has centred on the effects of divorce on family

members. In turn, these professionals have advocated therapeutic intervention in the legal aspects of

divorce in an attempt to transform the process to a more positive experience." This therapeutic focus in

divorce served as the basis for many states to create conciliation courts with the advent of the liberalized

divorce laws. These courts provided separated or divorcing couples with marital counselling.' States

justified the creation of the courts by asserting their need to provide services to families to ease the

families' crises.' The role of the legal language as well as court system was therapeutic in a way that the

system attempted to assist families to adjust more positively to the post-divorce context can look to

proponents of therapeutic jurisprudence in the field of mental health law

Now as far as Pakistan is concerned, its legal system has a number of laws that deal with

juveniles.4 The latest enactment is the Juvenile Justice System Ordinance, 2000 which fortunately

incorporates in it the Therapeutic Jurisprudence principles, especially, when it says that if a child is

committed for an offence, said child may be released on probation for good conduct and the court can

place such child under the care of a guardian executing a bond for good behaviour and well-being of the

child.5 Therapeutic Jurisprudence in Pakistan can‟t be possibly enacted at once but it can be adjusted

within our legal system.

This law introduces therapeutic jurisprudence in Pakistan. It is motivating and surprising to note

that that the terms “well-being”, “bond for good behaviour” and “Court-controlled probation” used in

this law are important words for TJ community and courts everywhere in the world wherever Therapeutic

Jurisprudence is practiced in this way, a great responsibility shifts on the shoulders of judges, lawyers,

psychologists and other actors of judicial and legal system to understand properly the concepts of TJ and

how it can suitably be practiced in Pakistan. For this reason, law of probation6 needs to be read together

with the Juvenile Justice System Ordinance 2000 so that alternative sentencing regime can efficiently be

introduced for rehabilitation and well-being programs.

The juvenile delinquency was recognized in this country as early as 1860 when the Pakistan Penal

Code was passed in the subcontinent. The sentencing principles provided in the PPC7 only deals with the

major fractions of sentences. There is no mention and requirement regarding any therapeutic

consideration for sentencing juveniles. It is, nonetheless, held by the Lahore High Court that “matter of

sentencing of a young offender always received a careful and generally sympathetic consideration by the

courts keeping in view special features of particular cases”.8

4 Sections 82 and 83 of Pakistan Penal Code (PPC), 1860; sections 29-B, 401 and 514-B of the Code of Criminal

Procedure (CrPC), 1898; the Reformatory Schools Act, 1897; the Punjab Borstal Act 1926; the Good Conduct Prisoners Probational Release Act, 1926; the Punjab Children Ordinance, 1983; the Punjab Youthful Offenders Ordinance, 1983; the Sindh Childrens Act, 1955; the Sindh Borstal Schools Act, 1955;Lahore High Court Rules and Orders, vol.III, Chapter 22; the Probation of Offenders Ordinance 1960; the Juvenile Justice System Ordinance 2000. 5 Sec.11 of the Juvenile Justice System Ordinance, 2000.

6 The Probation of Offenders Ordinance, 1960.

7 Sec 82 and 83 of Pakistan Penal Code.

8 Farooq Ahmad v. Federation of Pakistan, PLJ 2005 Lah 1.See also “Instructions to the Criminal Courts”, Rules

and Orders of the Lahore High Court Lahore,1996, vol. III, Chapter 19-A, which provides that “the measure of



Very important provision in the Code of Criminal Procedure (Cr.P.C) needs mention here so that

we can know the potential of use of law in a therapeutic way. It is S. 401 of the Cr.P.C. that deals with the

power of the government to suspend or remit sentences passed by the courts. The part of the judge has

been made very important under this provision because whenever government is asked through an

application to suspend or remit sentence of any convict, the government has to refer the matter to the

presiding judge who convicted the accused for his opinion as to whether the application should be

granted or refused. The judge is made bound to state his reasons for the opinion he will form9. It is to be

noted here that until a full-fledged Therapeutic Jurisprudence oriented juvenile court is not established

through the process of law10, such types of enabling provisions can greatly help to implement Therapeutic

jurisprudence strategy where only the action is required by the legal actors using the Therapeutic

Jurisprudence lens.11

The Probation of Offenders Ordinance 1960 has also Therapeutic Jurisprudence potential in its

application. This law has TJ compatible provisions where the probation can be judge-controlled as

compared to traditional probation-officer controlled. Seeing this law through „TJ lens‟, it is found that

s.5(2) of this law provides that while making probation order, the court may also direct that the bond shall

contain such conditions as in opinion of the court may be necessary for securing supervision of the

offender by the probation officer and also such additional conditions with respect to any other matter

which the court consider necessary for preventing a repetition of the same offence, or commission of

other offences by the offender and for rehabilitating him as an honest, industrious and law-abiding

citizen.

The Juvenile Justice System Ordinance 2000 in Pakistan has sufficiently incorporated Therapeutic

Jurisprudence provisions in this latest legislation. It is another matter that the legal community has yet to

be educated as to how this law is to be implemented in its letter and spirit, which is nothing else but the

application of therapeutic jurisprudence principles.

From many writings and research papers on TJ in Pakistan, it is understood that the absence of TJ

literature is a great obstacle in additional development of TJ concepts in Pakistan. For the implementation

of therapeutic jurisprudence in Pakistan legislative proactivity is required. It necessitates familiarizing and

sensitizing legislatures and drafters to treat social issues in a restorative manner under incentivizing

manner rather than punitive manner

punishment in any particular instance depends upon a variety of considerations such as the motive for the crime, its gravity, the character of the offender, his age, antecedents and other extenuating or aggravating circumstances, such as sudden temptation, previous convictions, and so forth, which have all to be carefully weighed by the Court in passing the sentence.” (p. 131 of LHC R&Os). 9 See s.401 (2) of CrPC.

10 Munir, Muhammad Amir. “Proposal for Establishment of a Drug Treatment Court in Pakistan”, 2005.

11 Ibid.



ANALYSIS

Pakistan: Friend or Foe in the Fight against Terrorism?

Hamza Hashim

(PIPS Associate)

TOPIC/Issue Background

On 12th July, 2016, the House Foreign Affairs Committee of the United States Congress held a

joint Subcommittee hearing, with the involvement of the Terrorism, Nonproliferation and Trade

subcommittee and the Asia and Pacific subcommittee - titled “Pakistan: Friend or Foe in the

fight against terrorism?”1

The speakers included Mr. Zalmay Khalilzad, currently Counselor at the Center for Strategic and

International Studies, Mr. Bill Roggio, Senior Editor at the Long War Journal and Tricia Bacon,

Assistant Professor at American University. Statements were made at the hearing by the Chair of

the Terrorism, Nonproliferation and Trade subcommittee, Congressman Ted Poe (R-TX 2nd

District) and Chairman of the Asia and Pacific subcommittee, Congressman Matt Salmon (R-AZ

5th District).2

Details:

Statement by the Chairmen of the subcommittees denounced the Pakistani security apparatus for

ties to terrorist networks, citing the killing of the leader of the Afghan Taliban, Mullah Mansoor

in Pakistani territory by a US drone strike as evidence for their claim. Chairman Poe remarked

that “Pakistan’s military intelligence agency, the Inter-Services Intelligence (ISI), provide support

to various terrorist organizations, including the Taliban, al-Qaeda, and the Haqqani network, in a

bid to exert influence over Pakistan’s regional rivals.”3

Mr. Khalilzad’s statements claim that Pakistan is the “principal cause of the ongoing conflict in

Afghanistan” and that the Pakistani state has been playing a “dangerous double game”.4 His

statements deflect blame from the lack of Afghani state capacity and inaction, towards the

Pakistani state for the rampant terrorist networks operating in Afghan territory.

Mr. Roggio’s statements to the Committee5 attribute blame to Pakistan for being “pro-jihadist”.

He states that Pakistan selectively targets only those terrorist networks that pose a threat to the

Pakistani state. He lists six prominent terrorist cells and accuses the Pakistani state of

“support[ing] or tolerat[ing]”: the Afghan Taliban and its subgroup, the Haqqani Network; the

Mullah Nazir Group, Lashkar-e-Taiba, Harakat-ul-Mujahideen, and Jaish-e-Mohammed. His

statement goes on to claim that Pakistan has supported terrorist networks for the purpose of

“strategic depth” to enhance its influence in the region.

1 https://foreignaffairs.house.gov/hearing/joint-subcommittee-hearing-pakistan-friend-foe-fight-terrorism/

2 Ibid.

3 Ibid.

4http://docs.house.gov/meetings/FA/FA18/20160712/105188/HHRG-114-FA18-Wstate-KhalilzadZ-

20160712.pdf 5http://docs.house.gov/meetings/FA/FA18/20160712/105188/HHRG-114-FA18-Wstate-RoggioB-20160712.pdf



The most detailed comments in the hearing were provided by Dr. Tricia Bacon, Assistant

Professor at the American University in Washington D.C.6 Her statements follow the trajectory

established by the earlier speakers, laying blame on Pakistan for distinguishing between “good

militants” and “bad militants”, and providing safe haven to these groups. She alleges that such

relationships between the Pakistani security establishment and terrorist groups are unlikely to

falter in the future. She claims that Pakistan misidentifies the source of the terrorist problem as

external, and remarks that she is skeptical Pakistan will deal with the militant groups operating

within its territory. The views are not only misleading but contrary to Pakistan’s commitment

against terrorism.

Policy Recommendations

This joint subcommittee hearing is an indicator of a growing displeasure within American

politics of the US-Pakistan alliance, motivated entirely by partisan issues and the imperatives of

the impending presidential elections. Both the subcommittees involved in this hearing are

chaired by Republican congressmen (Congressman Ted Poe has ties to the Tea Party, a right-

wing faction of the Republican party that views with contempt the prospects of cooperation with

Pakistan) – who view the US’ alliance with Pakistan with a misinformed skepticism. Despite the

hearing being titled “Pakistan: Friend or Foe in the fight against terrorism?”, the statements from the

speakers who testified and the Chairmen of the subcommittees never once talk about the

assistance Pakistan has provided to the United States in its war against terror in the region.

1. It is a matter of shame that none among panelists of the Sub Committees had the

audacity to recognize that Pakistan has lost close to 60,000 lives and has spent $118

billion US dollars in the War on Terror since it began7 – a truly mind-numbing figure.

These figures are a testament to the fact that Pakistan has endured significant losses –

both civilian and military, in the War on Terror.

2. With such hearings aimed at creating the public pressure needed to cease congressional

support for US aid to Pakistan, the Pakistani government must act to persuade the

American security establishment and elected representatives alike that without US aid,

Pakistan’s capacity to meaningfully participate in and serve as an ally for the US in the

region is severely diminished.

3. The Pakistani leadership needs to view this hearing as a sign that there is not only a need

for greater civil society engagement in the US to popularize the narrative that Pakistan is

a key ally for the US in the region, but also for active lobbying in Washington.

The following are some recommendations for policy initiatives the Pakistani government can

employ to achieve the goals of their foreign policy with the United States.

i. ELABORATE GOVERNMENT ENGAGEMENT AND PUBLIC DIALOGUE ON

PAKISTAN’s CONTRIBUTION FOR US AND AS FRONT LINE STATE

WAGING WAR AGAINST TERRORISM: The Pakistani Government must engage

with the institutions of American civil society. The lack of Pakistani representation at this

6 http://docs.house.gov/meetings/FA/FA18/20160712/105188/HHRG-114-FA18-Wstate-BaconT-20160712.pdf

7 http://www.dawn.com/news/1262750/pakistan-suffered-loss-of-188bn-during-war-on-terror-says-

dar?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dawn-news+(Dawn+News)



joint hearing of the House Foreign Affairs Committee is an indicator that Pakistan has

not been able to effectively represent its foreign policy goals in academia, research

institutions and public discourse.

o This opacity and lack of response lends credibility to the accusations levied

against the Pakistani state. If the government sponsors and engages in public

forums, seminars and discussions vis-à-vis Pakistani foreign policy both inside

and outside of Pakistan, space for more informed discussion can be created –

because the Pakistani perspective will be part of the conversation. Currently,

there is no representation of the Pakistani narrative.

o While there are a myriad number of articles, op-eds and analysis pieces on how

divisive and dangerous an ally Pakistan has become for the US, few to no

credible pieces can be found on the internet that explain Pakistan’s strategic

foreign policy objectives and how the government wishes to achieve them.

ii. STRATEGIZING LOBBYING WITH WASHINGTON: The Government must begin

to invest in active lobbying with Washington. This must not only involve the State

Department and the White House; greater emphasis should be placed on engagement

with elected representatives in the House of Representatives and Senate. These members

of Congress must be persuaded about the factual contribution that Pakistan is a key

frontline ally for the United States in the War on Terror, and needs support if the US’

foreign policy goals are to be met in the region.

o The public image and reputation of Pakistan has been tarnished primarily by

unhinged, clearly biased and extremely partisan criticism by US elected

representatives. If these members of Congress can be lobbied and courted,

Pakistan’s reputation among the American public will begin to change for the

positive as we are a nation that fights war against terrorism for a peaceful world

community and resilience and bravery of our people and security apparatus needs

to be acknowledged.

o Greater cooperation between the two nations must be stressed upon – on the

front of both military and civil affairs.

iii. ACTIVE DIPLOMACY IN US: Pakistani academics, diplomats and bureaucrats must

actively interact with news and social media to elucidate and explain Pakistan’s

perspective. The Embassy in the United States must evaluate the possibilities of seminars

and conferences regarding Pakistan’s foreign policy as it concerns the United States, in

major cities within the US – where US and foreign dignitaries, members of civil society

and press, and academics are invited.



REVIEW

Annual Status of Education in Pakistan

(Annual Report by ASER Pakistan 2015)

ASER (Annual Status of Education Report) is a citizen led initiative that conducts household

surveys across rural and urban locales in Pakistan to compile an annual report. This report,

published every year since 2008, is a comprehensive evaluation of the learning outcomes

achieved by both private and public institutions in Pakistan for the 3-16 year old bracket.1

The report is summarized in the infographics below.2

Figure 1.1. Percentages of 3-5 year olds and 6-16 year olds enrolled, as per ASER’s data set

Figure 1.2. gender differences in common learning outcomes

1 "Annual Status of Education Report." ASER Pakistan. 27 Dec. 2015. Web. 26 July 2016.

<http://www.aserpakistan.org/document/aser/2015/reports/national/ASER_National_Report_2015.pdf>. 2 "Annual Status of Education Report Summary Report Card." ASER Pakistan. 27 Dec. 2015. Web. 26 July

2016. <http://aserpakistan.org/document/report_cards/2015/summary_report_cards/National.pdf>.



Figure 1.3. enrollment percentages for Pakistan’s provinces and administrated areas



Key data from the report is summarized in the following tables.3

Table 1.1. scale and scope of the dataset used for the ASER 2015 National Report (rural)

Scale and Scope of the ASER 2015 National Report

146 rural districts

4,217 villages 83,755 households

258,021 children (3-16 years) 5,650 schools

Table 1.2. enrollment data (rural)

3-5 years (enrolled) 6-16 years (enrolled)

37% 81%

51% boys 49% girls 57% boys 43% girls

70% govt schools 30% private schools 76% govt schools 24% private schools

Table 1.3. gender differences in learning outcomes (rural & 5-16 years)

Learning Outcomes Girls Boys

Can read atleast sentences (Urdu) 42% 49%

Can read atleast words (English) 43% 51%

Can do atleast subtraction (Arithmetic) 41% 49%

Table 1.4. facilities in schools surveyed (rural)

Facilities Govt Primary Schools Private Primary Schools

Teacher attendance (on the day of

survey)

89% 91%

Children attendance (on the day of

survey)

84% 90%

Useable water 60% 82%

3 Ibid.



School received grants/funds 29% 2%

Useable toilets 52% 78%

Boundary wall for premises 63% 65%

Table 1.5. Enrollment comparison by province (rural & 6-16 years)

Enrollment (6-16 years)

Islamabad - ICT 98%

Azad Jammu & Kashmir 93%

Khyber Pakhtunkhwa 87%

Punjab 85%

Gilgit-Baltistan 85%

FATA 79%

Sindh 74%

Balochistan 71%

For feedback feel free to contact Editor at: Ataturk Avenue (Service Road), F-5/2, Islamabad Email: [email protected] Web: www.pips.gov.pk

Pakistan Institute for Parliamentary Services was established in Dec 2008

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