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Editorial
Each edition of Weekly Analysis tries to bring best of current affairs prevailing in the whole week to its readers especially
students and candidates of competitive exams and it aims at .providing holistic view pertaining to Pakistans domestic, external
and global affairs. Current issue of the magazine will give its in-depth analysis of global issues like Chinas maritime disputes and
UKs upcoming General Election 2017. Pakistans domestic and external affairs cover strains in Pak-Iran relations, 12 proposals for
electoral reforms, repatriation of Afghan refugees and comparison of civil-military relations in Pakistan and India.
Current issue of the Weekly Analysis deals with those global, regional and domestic affairs which are increasingly
affecting the globe militarily, politically, and economically.-As previous edition of this magazine has thoroughly explained Syrias
Crises, North Koreas Problem, Populism and Indo-Pak Water Disputes along with other regional and domestic problems such as
South China Sea Dispute, FATAs Mainstreaming and Nuclear Arm Race in South Asia etc in such a manner that even a person
with no background of national and international affairs can easily comprehend the nature of those issues. These topics are
essential part of CSS and PMS compulsory papers like International Relations, Political Science, Public Administration,
International Law, Governance and Public Policy, Pakistan Affairs and Current Affairs etc.
Similarly, weekly current affairs MCQs, transcripts of weeks best talk shows, research articles for CSS essay on Rule of
Law and solved past papers conducted by FPSC and PPSC are also part of current Weekly Analysis so that readers and candidates
of competitive exams may enrich their knowledge in order to succeed in their lives.
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2
Global Issues
UK: GENERAL ELECTION
2017 EXPLAINED
HOW DO THEY WORK? represented by its own Member of disagree with what their party is
Parliament (MP). On 8 June, people trying to do, they are still allowed to
YOU might have heard about the will go to a local polling station to vote against them. These MPs are
General Election thats happening on vote for the person they want to be known as rebels. Theresa May is
their MP in the constituency where hoping for a bigger majority than she
Thursday 8 June, but why are people they live. Voters dont get to pick the has right now only 17 which will
voting? Who for? And who can vote? Prime Minister, only their local MP. make her Government stronger. But
Most of the successful candidates are she is taking a risk. She could end up
A GENERAL Election is the way we members of political parties, but with fewer MPs, or lose the election
decide which political party is going anyone can stand for election. To try altogether.
to rule the House of Commons, set up to stop people standing for a joke, Whats a hung Parliament?
the Government, and run the United each candidate has to pay 500. If Things get a bit complicated if no
Kingdom for the next five years. they dont manage to win 5% of the party gets a majority in the election.
The last General Election was held in votes cast, they lose their 500. This is known as a hung Parliament
2015, so this one came as a bit of a What is a political party? and can make it difficult to govern, as
surprise when Prime Minister There are lots of different parties, the other parties can club together to
Theresa May called it three years with different ideas about how the block any laws that the Government
early. Two thirds of MPs in the House nation should be run. tries to pass. This is what happened
of Commons had to agree to run the They all make promises to the voters in 2010 because the party with the
election early. The PM said she before the election in their manifesto, most seats the Conservatives only
thought the election was necessary to such as their ideas for the NHS won 302 seats. They chose to team up
help bring certainty to Britain (National Health Service) or the to form a Government with the
following the EU referendum. armed forces, or their plans to get Liberal Democrats, who won 56
What is a snap election? more people jobs. seats. This working together is known
Under the 2011 Fixed-term Who wins? as a coalition.
Parliaments Act, passed when David If one party wins a majority of the What could General Election
Cameron was prime minister, seats in Parliament (i.e. more than mean for Brexit?
general elections in the UK are 325), then they will form a If May wins, it will shore up May's
supposed to take place every five government. The leader of the elected strategy for Brexit. In voting for the
years on the first Thursday in May. party will usually become Prime Conservative party, the British people
A snap election can be called for two Minister. Having a majority of MPs will be giving May a mandate to
reasons: if there is a vote of no makes it easier for the Government to carry out Brexit the way she sees fit.
confidence in the government or if bring in new laws or make other The main opposition Labour Party
MPs vote for an early election by a changes to the country, as they have has also committed to carrying out
two-thirds majority. enough MPs to win any vote that the desire of Britons to leave the EU,
What will happen on 8 June? takes place in Parliament. However, expressed in last year's referendum.
The UK is split up into 650 areas, this doesnt always work out because, Only the Liberal Democrats, a
known as constituencies, each if enough of the Governments MPs minority party, opposes Brexit.
3
The East and South China Seas are the scene of escalating
Iran: a self-inflicted reset its ties with Iran. Such has been Pakistans legacy of
dependence on the US for both military and economic assistance
through the years. Now that newer dynamics dictate American
priorities in the region Pakistan may find its moment in
wound? pursuing an independent foreign policy, though it still remains
beholden to a strong American influence. As such, things havent
It is true that Iran has mostly been an outlier ever since the changed how they should have with Iran.
Ayatollahs took control of it. Internationally, it was easy to There are two other underlying causes to this stand-off: old
understand because an important American partner, the alliances have kept them locked in opposite camps even in the
Shah, had been de-seated, instantly turning Iran from an ally new world, and territorial linkages have imposed themselves in
to a sworn foe. renewed interest in Iran on Balochistan. Once a combined
America thus lost its most strategic location to control the territory, it had remained dormant while divided into its
Persian Gulf and to run its largest CIA station. In 1979, with Pakistani and Iranian denominations Irans being a sliver in
the cold war at its height there hadnt been a bigger loss to comparison. But tenuous relations have rekindled a latent
American interests ever. Since then, the Gulf has changed Iranian interest in furthering its territorial ambitions. Iran has
colours from being Persian to Arabian. Interesting? tried hard to mask this latency but Pakistan remains wary of
There was a regional conundrum too. Pakistan a declared such intent.
ally of the Western block and Irans friendliest neighbour had Pakistans inalienable linkages to its interest tied with keeping
to reorient almost equally instantly, the power of the 1970s the Americans in good humour. Add to it the compulsions of
geopolitics so dominantly overwhelming. Tied into Cento, international finance literally dictated by the US, and its
which was the forebear of the current Centcom a more strangulating sanctions against Iran and anyone else doing
militaristic evolution and the RCD (Regional Cooperation business with it, and Iran effectively became a pariah, once an
Development) which weaved three major Asian allies of the axis of evil state. Pakistan could not break beyond what the
6
Admittedly, there are also judicial functions carried out by The time and effort needed in this regard can be gauged from the
the CEC and Members of the ECP. However, the judicial role fact that EVMs were first developed in India in the 1980s and
is undeniably limited. adopted nationwide for the time first time in 2004. This is a long,
It is worth mentioning that the CEC and the Members of the drawn out process and will only succeed if done with a suitable
ECP do not adjudicate upon the two most significant judicial amount of testing and training.
functions in the election process, i.e., deciding the fate of a Secondly, and another important issue raised by the ECP has
candidates nomination papers and election disputes, which been that of credibility and security.
are performed by either Returning Officers, sitting High Manufacturers of EVMs are not responsible for conducting free
Court Judges or retired Judges under ROPA. and fair elections in Pakistan. They are companies who
In these circumstances, the qualification in the Constitution manufacture and supply EVMs for profit and the Government of
that the CEC and the Members of the ECP can only be selected Pakistan has no control over them.
from persons with a judicial background needs to be In India, EVMs are manufactured by two public sector
revisited. companies. Perhaps, Pakistan needs to follow a similar example
There is no such restriction in any democracy in the South to ensure a level of accountability.
Asian region. This also leads us to the all-important question of security. Can
Removing such a qualification from Article 218 of the the manufacturer and the ECP guarantee that the EVMs are
Constitution will immediately open a much larger pool of completely secure?
eminent persons, who may be selected in these key It is worth recalling that the ECP website was hacked in 2013
constitutional positions. shortly before the general elections. Hundreds of thousands of
Additionally and more importantly, such a change will allow EVMs across the country is an entirely different proposition
the possibility of appointing more qualified and suitable altogether.
individuals to these positions notwithstanding whether they Thirdly, there is the issue of the infrastructure of our polling
have a judicial background or not. stations. EVMs require an uninterrupted supply of electricity.
Many of the 69,000 polling stations established by the ECP in
6. Electronic voting 2013 were located in remote areas which have no access to
electricity supply lines.
Most people in Fourthly, Pakistanis may recall that the typical instance of
Pakistan are fairly rigging in the 2013 general elections was that a polling station
convinced that the only was ransacked by criminals, voters and polling staff were
answer to prevent wide threatened and ballot boxes were stuffed.
scale rigging on polling If Pakistan is unable to effectively deter such criminal behaviour
day is electronic on polling day, the successful implementation of EVMs will make
voting. no difference in any case.
Indeed, the successful There is unarguably a compelling case for introducing the use of
implementation of electronic voting may ultimately prove to EVMs in Pakistan. However, one needs to appreciate that there
be the tipping point in our election process. However, this are also significant risks associated with such a drastic step if the
answer is far too simplistic. Before electronic voting becomes proper measures are not in place.
a reality, there are a number of considerations that require The ECP needs to make a serious, coherent and long-term
serious attention. strategy to work towards this tall order.
Electronic Voting Machines (EVMs) are utilised for polling in
India. This is a commendable feat given the sheer scale of
elections in India. However, the implementation of EVMs in 7. Election expenses
India has not been without its skeptics. Section 49 of ROPA places
In 2010, a group of professors, scientists, students and restrictions on the amount
professionals across India, the United States of America and of expenses that a
the Netherlands authored a study examining the security candidate may incur for
features of the EVMs used in India. his election campaign. A
India had previously used EVMs that are classified as candidate for a National
paperless direct-recording electronic (DRE) voting Assembly is only
machines. These DREs do not leave a paper trail and thus permitted to incur Rs1.5
once a voter presses a button to vote for a candidate, there is million whereas the expense for a candidate for the
no way to verify the vote except the reading on the EVM. Provincial Assembly is capped at Rs1 million.
After examining the features of the EVM, the authors of the On the face of it, these appear fair, just and desirable provisions.
study concluded that Indias EVMs do not provide One can certainly laud the Parliaments intention to ensure that
transparency, so voters and election officials have no reason all candidates contest elections on a level playing field,
to be confident that the machines are behaving honestly. regardless of their financial background. This is perhaps all the
These are some of the concerns raised by the experts at the more important in Pakistan, where political and financial muscle
ECP when the proposal to implement electronic voting has has historically played a vital role on the outcome of elections.
been debated. In reality however, the implementation of these provisions is
Two presentations were made to the ECP during the tenure of much more complex.
the former CEC and quite apart from the paucity of time to It is all well having well-meaning provisions in the statute books,
implement the EVMs ahead of the 2013 general elections, but they should also be enforceable. The restriction wholly fails
there were several other issues that will need to be addressed in this respect.
in the future. Section 49 of ROPA provides that election expense incurred by
Firstly, there is the often publicised issue of literacy and any person on behalf of a candidate shall be deemed to be
whether our electorate is capable of using EVMs. There is election expenditure of the candidate for any other item
absolutely no question however that the ECP will have to whatsoever. Thus, the ECP is legally required to monitor every
conduct extensive training over many years to educate the expense incurred by any person in relation to the election
electorate how to use an EVM. campaign of each candidate.
13
Pakistans
Weekly Current
Domestic
Affairs
Affairs
MCQs Weekly Analysis May 11th 2017
Bimaya, (1997,p.68) argues that when military coup became however, it was persuaded by the Indian military to abandon the
a common place in the third world countries, the politicians idea(Musharraf, 2008).
suspicions about the military were sagaciously fueled by the Internal Security and Civil-Military Relations
intelligence chief Bhola Nath Mullick. Consequently, the Indias Civil-Military relations have taken a radically different
status and influence of Army was belittled and its legitimacy course, despite the significant use of military forces in internal
was put under doubt by civilian government. In another security campaigns. The Indian army has been active since 1970
instance, General Cariappa persuaded Nehru not to re-admit at every level of armed conflict, and growing political violence
to the armed services all the officers and men who had has periodically brought the armed forces into the political
defected to the Indian Army which was what many arena. Out of 17 major Indian Army campaigns between 1947
nationalists wanted (Bimaya, 1997). and 1995, a dozen were within Indias borders. Between 1982
Even the most senior Army, Navy and Air force officers found and 1989, the army was deployed to assist the civilian
themselves ranking below from their civilian counterparts of authorities no less than 721 times (Kohli, 1991).
cabinet secretariat, and the various state bureaucracies. The Civilian leadership appeared comfortable by empowering
service chiefs, and other senior Indian officers, were supposed generals as state governors and advisors, as long as their forces
to interact with the politicians on rare cases only through the stayed in far-flung parts of the country. More severe internal
Defense Ministry, which was headed by a civilians. threats developed in the 1980s. Insurgencies grew in
Between 1958 and 1962, Lieutenant General B.M Kaul, with strategically crucial Kashmir and Punjab along the Pakistani
political ambitions, appeared on the political limelight. He border. The Army was deployed with increasing frequency to
had direct contact with Nehru and was also considered the deal with violent internal threats, often using high-intensity
favourite of Defense minister Krishna Memon. Kaul was counterinsurgency operations in response. The army, in addition
promoted against the advice of then Chief of Staff Gen K.S to police and paramilitaries, was used extensively for more than
Thimaya. Many ambitious officers jumped into Kaul ten years as an internal security/counterinsurgency force
bandwagon. However, Kaul incompetence was observed in (Bimaya, 1997).
Sino Indian war. Later on, although Nehru defended both Brass (1994, p.63) argues that in the mid-1980s, a violent Sikh
Krishna Memon and Kaul but both had to resign because of separatist movement developed in the northwestern province of
Indian strong institutional framework. Punjab on the Pakistani border. At one point, nine divisions of
Another case is Lieutenant General S, K Sinha, who was the regular Indian Army were stationed in Punjab, nearly one-
superseded to make way for General Vaidya, who had vivid quarter of the entire active army. The insurgency was handled
political ambitions. General Vaidya while commanding with heavy Indian repression (sparking a conflict that included
Eastern Division, criticized the non-Congress governments in the assassination of Prime Minister Indira Gandhi by her own
Eastern regions by getting attention of Indira Gandhi. bodyguards in 1984). Moreover,
Though, he transgressed the integral boundaries between Naxalites insurgency has become existential threat for India due
Political and Military spheres but was promoted by Indira to its protracted nature and ideological attraction
Gandhi. However, grave resentment was displayed by many (Epstein,2014). Dasgupta (1991) argues that The militarys
quarters over Indiras decision, alongside it received silent growing internal security role has given rise to concerns about
disapproval of the large number of officer corps. Later on, the future of civilian control over the militaryin modern India,
1970s, during the Declaration of Emergency, Prime Minister the politicians, bureaucrats, and the public generally have
Indira Gandhi asked Chief of army staff Gen Sam become militaristic what we see is civilian militarism. It is
Manekshaw (later Field Marshal) whether or not he was fair to say that notwithstanding the incessant internal security
plotting a military coup. Manekshaws reply to Mrs. Gandhis challenge, Indian military was not allowed to deviate from their
question was along the lines of You are too pretty to coup prescribed role enshrined in the Indian constitution. The political
against. I wont (take over). You let me do my job and I will institutions had the depth and maturity to undertake the leading
let you do role in resolution of internal and external threats.
yours(Malik, 2014). In another instance, Gen Manekshaw Role of Political Institutions
refused Indira Gandhi, who ordered her to commit ill In 1947, India inherited Delhi and its bureaucracy, the core of the
prepared troops to action prematurely in Mar/ April 1971. It old colonial state; but no such continuity of centralized political
was politically uncomfortable for Indira Gandhi. However, it infrastructure was made available to Pakistan. In Kamtekars
is abundantly clear that there was no threat to civilian (1988) words: It is an oversimplification with some truth to say
supremacy even if Indira hadnt accepted the Generals advice that while in India independence involved restructuring a state,
(Bimaya, 1997, p.83).Moreover, Indian military has been in Pakistan it involved building a state. India received a much
showing its clout and relevance vis--vis disputes with more favorable institutional heritage from the shared colonial
Pakistan. past, due in part to the very different nature of its dominant pro-
Indian military came into quite interventionist mood in 1987. independence party, the Indian Congress Party (Rudolph, 1964;
It was on the verge of overthrowing Rajiv Gandhis Jalal, 1985).It is sometimes forgotten that Mohammed Ali Jinnah
government. In his just book The Untold Truth, lieutenant was just as ambivalent about the military as Nehru, and believed
General Hoon alleged that Army Chief Gen Krishnaswami in civilian supremacy. But the most unfortunate part in
Sundarji and his Vice Chief, Lieutenant General SF Pakistans case was the early demise of Jinnah, living only
Rodrigues, were involved in the plot. Moreover, startling thirteen months after winning of independence. Nehru, by
revelation was made that Operations Brasstacks, conducted contrast, survived until 1964. He allowed the democracy and
near the Pakistan border, was no military exercise but a electioneering to strengthen and helping these democratic
provocative build up planned by Sundarji and Arun Singh tendencies become the habits of Indian political culture.
without the knowledge of Gandhi (Dhaliwal, 2015). It vividly Moreover, regarding the leadership cadre Jalal (2014) argued
bespeaks the fact that there has been peaks and troughs in that If Gandhi goes, there is always Nehru or Raja Gopal Achari
India Civil Military relation but introspection was always or Patel or a dozen others. But if Jinnah goes, who is there.
carried out by the Stakeholders in order to abstain from Having said that, it has become evident that the endurance of the
crossing the red lines. As far as Indian role in the foreign Congress Party and the legitimacy of Prime Minister Jawaharlal
security issues, it carried substantive sway on civilian Nehrus rule allowed civilian control to be sharply imposed on
government. In 2004 Agra summit, Indian government was the military in the early days after independence. Nehru
quite willing to discuss Siachen Glacier with Pakistan, deliberately discouraged the modernization of the armed force .
21
1. Which satellite india has lauched recently? South 13. Which political movement (party) was founded by
Asia Satellite Macron in 2016: En Marche (Forward)
2. Why did India rename SAARC Satellite as South 14. After Khaled Mashal, who has currently been officially
Asia Satellite? because Pakistan refused to join it. named as senior leader of militant group, Hamas, in
3. According to current reports, water level of which Palestine? Ismail Haniya
lake in Pakistan fell to 47 feet and may cause water 15. Capital of Palestine is? Disputed (Each of Israel and
shortage Karachi? Keejhar Lake, thatta Palestine claimed Jerusalem as its own capital)
4. What is another name of Keejhar lake (Pakistans 16. News agency TASS belongs to? Russia
largest artificial lake)? Kalri Lake 17. According to Finance minister Pakistan, Ishaq Dar, new
5. Pakistans current advisor for National Security is? Electronic Micro-computerized system is going to be
Nasir Khan Janjua implemented for collection of tax from Pakistani
6. Current minister of Defence Production Pakistan is? restaurants. This Electronic Micro-computerized system
Rana Tanveer Hussain is based on? Singapore Model
7. Current Indian army chief is? Bipin Rawat 18. Baluchistans current Governor, Muhammad Khan,
8. How many aliens (and refugees) have been deported belongs to? PukhtunKhwa Milli Awami Party
since last 5 years? 40149 19. Baluchistans current CM, Sana ullah Zahri belongs to?
9. Who has been made head of JIT (Joint Investigation Pakistan Muslim League (N)
Team) to probe Panama Case? Wajid Zia (Additional 20. Which Sections of Pakistan Penal Code deals with
DG FIA) blasphemy law? 295-B & 295-C
10. JIT will report its findings to Supreme Court within 21. On 7th May, Who has become Frances youngest
in? 6o days president ever? Emmanuel Macron (aged 39)
11. How many questions asked by SC will be answered 22. In recent elections, Macron (65.5 % votes) defeated:
by JIT after 60 days? 15 Questions Marine Le Pen (34.5 %)
12. Which French Presidential candidates election 23. Residence of Fraces president is named as? Elysee
campaign has been hacked and documents leaked? Palace
Emmanuel Macron
22
Transcript of this CNN talk show covers first major AMANPOUR: I am sure that everybody in this room, everybody
live interview of Hillary Clinton since the U.S in this country, frankly, everybody in the world is really afraid
Election and topics to be discussed in this interview of the crisis with North Korea.
may help its readers to understand her valuable So given the right effects, everybody including women, what do
views on her loss in election, misogyny and the state you make of President Trump saying that he would be honored
of womens world. to meet Kim Jong-un? And I ask you that seriously because the
CHRISTIANE AMANPOUR, CNN HOST: Tonight, Hillary dirty little secret is, that it will take wanted negotiations with the
Clinton unplugged. In her first major live TV interview since North Korean regime to actually come to -- I want your view on
the U.S. election, the former presidential candidate lets rip on negotiations as a way to forge peace and not as a sign of
her loss, misogyny and the state of our world. weakness and appeasement.
(BEGIN VIDEO CLIP) CLINTON: Right.
CLINTON: Women's right is the unfinished business of the AMANPOUR: What do you think? Because President Bill Clinton
21st century. There is no more important, larger issue that was the last person to actually negotiate and cause an arms
has to be addressed. control agreement that worked with North Korea.
(APPLAUSE) CLINTON: First of all, there has to be a regional effort to
(END VIDEO CLIP) basically incentivize the North Korean regime, to understand
AMANPOUR: Good evening, everyone, and welcome to the that it will pay a much bigger price regionally, primarily from
special weekend edition of our program. I'm Christiane China, if it pursues this reckless policy of nuclear weapons
Amanpour in New York. development and very dangerously for us the missiles that can
And in her first extensive live conversation since the 2016 deliver those nuclear packages to places like Hawaii and
election, Hillary Clinton has come out swinging. She was eventually the west coast of the United States.
stunningly candid at the "Women for Women" charity in New So I take this threat very seriously. But I don't believe that we
York on Tuesday. alone are able to really put the pressure on this North Korean
She did take personal responsibility for her loss. But she said regime that needs to be placed.
the tide turned against her after the FBI director informed Now, the North Koreans are always interested, not just Kim
Congress they were Jong-un, but his father before him. We're always interested in
reopening a probe into her use of a private e-mail server. trying to get Americans to come to negotiate, to elevate their
And the next day on Wednesday, James Comey fought back status and their position. And we should be very careful about
on Capitol Hill, saying that he wouldn't change what he did. giving that away. You should not offer that
At the event promoting women's roles in peace and security, in the absence of a broader strategic framework to try to get
Clinton criticized the Trump administration's plans to cut China, Japan, Russia, South Korea to put the kind of pressure on
back at her old office, the State Department. the regime that will finally bring them to the negotiating table
(BEGIN VIDEO CLIP) with some kind of realistic prospect for change.
HILLARY CLINTON, FORMER PRESIDENTIAL As Christiane said, there was a negotiation in the `90s that put
CANDIDATE: I am going to publicly request that this an end to one aspect of their nuclear program. To ways to make
administration not end our efforts making women's rights it plutonium, uranium, shut down the plutonium. And then a few
and opportunities central to American foreign policy and years later, there was evidence that they were cheating. And I
national security. think that there was -- and I have said this publicly before, I
(APPLAUSE) think the Bush administration aired in saying they are cheaters,
(END VIDEO CLIP) now we're not going to do anything with them.
AMANPOUR: So it was a rarely seen side of Hillary Clinton They should have said you're cheating, back to the negotiating
as we began our conversation by discussing the lack of table now, we're going to shut down your uranium program. But
women around Donald Trump's cabinet table. because they withdrew from any kind of negotiations, the
(BEGIN VIDEOTAPE) uranium program started up.
CLINTON: Well, I'm hoping that voices like many of yours in So negotiations are critical, but they have to be part of a broader
this room, and I would say bipartisan, non-partisan voices, strategy. Not just thrown out on a tweet some morning that, hey,
will speak up for the work of diplomacy and development. let's get together and, you know, see if we can get along. And
I know that secretary of Defense Mattis understands that. He maybe we can, you know, come up with some sort of a deal. That
has spoken out and said you cut the State Department, the doesn't work.
USAID budget, you're going to have to buy me more (APPLAUSE)
ammunition, because you cannot talk about pursuing AMANPOUR: Did the Syrian strike work?
diplomacy and development that will be to the benefit of the CLINTON: Well, I think it's too soon to really tell.
United States, to our security, to our values and interests, AMANPOUR: Did you support it?
without understanding them that we are left with just one CLINTON: Yes, I did support it. I didn't publicly support it,
tool in the toolbox namely the military tool. because that wasn't my role. But I did support it. But I am not
convinced that it really made much of a difference.
That is a necessary tool, but it should only be one of three. And I don't know what kind of potentially, you know, back room
And diplomacy and development should be the first efforts. deals were made with the Russians. I mean, we later learned
And I'm hoping that because of voices like Jim Mattis and that the Russians and the Syrians moved jets off the runway.
others that that will begin to influence the administration. That the Russians may have been given a heads up even before
our own Congress was.
24
Topics to be covered in this talk shows are: Macron Defeats So there is -- I know it's quite a cliche when you say this is a
Le Pen; South Korea's Presidential Election. divided country.
Hello and welcome. You're watching "Connect the World." I'm But you do get a sense that not everyone agrees or thought (ph) -
Becky Anderson for you. Corrupt, too young, out of touch but - agreed on the last two candidates they had to pick from.
now, Emmanuel Macron will be called something very ANDERSON: Isa, stand by.
different -- Monsieur President. Jim, so western liberal democracy, if you like, trumps a populist
France's incredible election rewriting its entire political protectionist agenda from Marine Le Pen. What does this
playbook is going to see him become the country's youngest election result mean for the French and indeed for the rest of the
leader since Napoleon. world?
Macron, on the left here, looking presidential just hours after JIM BITTERMAN, CNN CORRESPONDENT: Well, it's
his win, skyrocketing from a virtual unknown to where he is interesting. I mean, some people are declaring this is a victory
now all this in just three years. for the anti-populist, the ones that were saying that populism
And check out just how he did it -- winning everywhere that's really wasn't there, wasn't really a movement -- a worldwide
in blue here, crushing his right wing and populist rival, movement.
Marine Le Pen, who claimed just two small spots of red. Filled And we've seen elections now in the Netherlands and here, which
with triumph, Macron gave an excited victory speech. seem to back that theory up that populism could be dead if it ever
(BEGIN VIDEO CLIP) was there in the first place. But it should be said, too, just to back
MACRON (THROUGH TRANSLATOR): What we have done up what Isa was saying, Emmanuel Macron has been extremely
for months and months now has no precedent nor lucky getting elected president of the -- of France.
equivalence. Everybody told us it was impossible. And just analyzing the votes, one of the surveys that came out
But they didn't know France. yesterday was that 43 percent of French voters voted for
(APPLAUSE) Emmanuel Macron only to stop Marine Le Pen from getting into
(END VIDEO CLIP) office so voting against the populism of Marine Le Pen. So you --
ANDERSON: Well, we are on every side of the story for you you really have a contradiction here.
as you would expect. CNN's Isa Soares is out and about in You have someone who's been elected president who's coming in
Paris where there is already a protest against labor reforms with a lot of enthusiasm and whatnot but who has been
Macron wants to bring in. extremely lucky getting to where he is. Some of his opponents in
Our Jim Bitterman, along the world-famous Champs-Elysees. the election, the first round of the election, self-destructed.
Let's start with you, Isa. Macron said he won't be stopped by And it's a question as whether that luck is going to continue,
any obstacle in his effort to reform France. So what is that whether it's going to hold, whether -- whether he's making his
plan? And how much resistance does he face? own luck. If he's that clever, perhaps he's going to be able to
ISA SOARES, CNN CORRESPONDENT: Well, it's definitely make his own luck going forward.
not the victory lap he had in mind, Becky. If you look, the Becky?
police behind me, the -- the riot police have been -- seen ANDERSON: Jim, you've probably forgotten more about French
crowds of as many as a thousand people here or so, majority politics than we will ever know. So this is about continuity rather
of them unionists. than change.
But also, many people like you said who don't see eye-to-eye How does that, though, improve the lot of the French? What does
when it comes to his reforms, I wanted to give you a sense of he need to do next?
the numbers. We've started at about a thousand or so. BITTERMAN: Well, for one thing, he's going to have to --
That is, as you can see, significantly reduced many people because he says that France needs to be reformed and he knows
dispersing. But what I've heard from people here in Paris but the issues. There's no question about that.
also in Northern France, where you were mentioning there, We've been reviewing him several times as a -- as a minister and
has turned majority (ph) blue, only a couple of -- of towns as a campaigner for the presidency. And he clearly knows what
that really, the tough ones (ph) that became (ph) Marine Le needs to be done in terms of economic reforms here to get the
Pen. economy going again, to get people employed again.
People still feel that he doesn't represent them. People feel that And the question is will he be able to do it? And the thing, kind of
-- that they're voiceless. And they feel he belongs to the elite. pushback we're seeing even this afternoon out on the streets
So in terms of what we heard from the president-elect is where he says that the fact is he's going to face that again and
really making France a bit more open, more open to free again and again as he challenges the icons.
trade, more -- much more globalist vision of -- of France. And There have been a succession of presidents here, starting with
many people here don't believe he is man to do it, one, Sarkozy, and then followed by Holland who said they were going
because he's never held elected office, two, because they don't to reform the economy.
trust him. And they tried. And they were hit with the kind of strikes and --
And that is the big point that keep -- I'm hearing time and and demonstrations that we've seen take place here.
time again, he belongs to the elite. He doesn't belong to us. And they've been stopped in their tracks. They've been forced to
Interestingly, when I spoke to majority people (ph) here, stop in their tracks because they could see that it was going
which way did they vote, they vote Marine Le Pen, of course, nowhere, that they weren't going to be able to get the legislation
they shook their heads as you'd expect in voting and said no. through.
Many said they voted white, which was ran almost eight or so So he's got to be a good salesman. He's got to sell that program
percent, which is quite a significant number, Becky. not only to the legislature, which that's going to be hard but also
to the French people so that they're not out on streets. Becky?
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Transcripts
Research Articles
of Talkfor
shows
CSS (CNN)
Essay Topics Weekly Analysis May 4th 2017
There is no other part of the world that is as young as the So you know, Middle East can't be seen in a -- with a broad-
Middle East. And we've been doing this study over the last brush approach. It's not region. You're distinctively looking at
nine years. the Arabian Gulf countries -- yes, secure, and not that affected by
the Arab Spring.
So the value of the survey is, you know, how are young people The Levant and Yemen, conflict-ridden (ph) and somewhere in
changing their views? And what we see this year is fairly the middle is North African countries, the populous ones, you
different from what we saw in the hey-days (ph) of the Arab know, Egypt, Algeria, Tunisia, Morocco. These are -- so you see
Spring in 2011 when people had a revolutionary trend. very -- three very distinct region.
They were speaking of the best days ahead of them. And And that's why while this might seem obvious, but when you look
things now, they have been tempered with. at the perceptions of these young people, you're looking at a
ANDERSON: That -- and that -- and that, to a certain extent region that is really divided in -- in how they see their current
(ph), too many of our viewers may seem very disappointed. and their future.
You know, there was that sense of revolution. ANDERSON: It was a pleasure. Thank you, sir.
JOHN: Yes. JOHN: Thank you, Becky.
ANDERSON: .of change, this can-do attitude by the ANDERSON: Middle East, a Region Divided. It's worth a read.
youngsters in this region. So what happened? You're watching CNN. We'll be right back.
JOHN: I think clearly, you -- you can see in the last six years ANDERSON: I want to get you back to what -- what is breaking
after the Arab Spring, conflicts have risen -- the Syrian story this hour. We are learning that the warnings about the
refugee issue, the continuing conflict in Yemen, the Libyan fired U.S. National Security Adviser, Michael Flynn, went all the
almost -- the crisis in -- in the country and the Iraq issue as way to the top.
well. So when you look at that, so many conflicts. Sources say that the former President Barack Obama himself
Also in the -- in the rich Arabian Gulf states, there has been an warned Donald Trump against hiring Flynn. Well, that mate
economic issue where, you know, the largest revenue from meeting happened in the oval office back in November, the news
(ph) the (ph) government has nearly halved from all the $700 surfacing just hours before what is a Senate panel will hear key
billion to nearly about $350 billion. testimony on Flynn as part of its investigation into the Trump
ANDERSON: Talking about oil, of course, yes. campaign's ties to Russia.
JOHN: .in 16 (ph) oil revenues. So when you look at that, Let's get you straight to Washington. More from Joe Johns,
there's pressure on governments. And again, after the Arab who's live for you this hour. What more do we know at this point,
Spring, more -- the governments are under pressure. Joe?
They have to prove their legitimacy to citizens. And that's JOE JOHNS, CNN CORRESPONDENT: Well, I think you hit the
actually putting a lot of pressure. There's a lot of positive headline right there, Becky. The important new information is,
energy as well. yes, this went right to the top, apparently, according to our
So when you look at our top study, top finding, it was nearly sources.
half the population feel optimistic about the future. But young Then President Obama delivering a warning to then President-
people in that age group, by default, should be optimistic. Elect Trump about the person he was considering hiring as
So the other half, who are pessimistic, is -- is -- is a concern. national security adviser, that would be Michael Flynn, who we
ANDERSON: The Middle East region divided is how -- is how all know now was eventually fired by President Trump not long
you've -- you've worked the formatting of this. after he took the job. So this meeting occurred
JOHN: Yes. two days after the election on November 10, it was.
ANDERSON: If you live in this region, as we do in -- here in The meeting lasted about 90 minutes. Both the president, then
the UAE, in the GCC, it is absolutely no surprise. Obama, as well as the president-elect emerged from that meeting
JOHN: Yes. with glowing representations, each about the other.
ANDERSON: .to hear that this is a region divided with the Also President Obama indicating he was going to do everything
GCC to a certain extent, with the challenges as you have just he could to help the incoming Trump administration become a
described, the level (ph), and then, of course, the kind of wider success. So the question that arises here, obviously, and I think
Middle Eastern and North Africa. So what do you take -- our viewers know very well is if the system was, in fact, blinking
what do -- what do the governments in this region take from red on the issue of Michael Flynn being the national security
a survey like this? adviser, because other people like Sally Yates had apparently
And what sort of change should we expect? raised some questions, too, why was it that Michael Flynn ended
JOHN: Yes, I think the team is an important one because up still getting the job, and then getting fired after that?
when the outside look at the Middle East, you're looking at Why didn't the administration listen to the entreaties of the
this vast land of 350 million people as I said. But when you Democrats when Trump was coming into office? All of this
delve a little deeper into the findings, just one finding, for against the backdrop of the Russia investigation and questions
example, one question we asked young people is that how do about Russia interfering in the last election to the benefit of
you see -- is your country going in the right direction? Donald Trump.
Fifty-two percent said, you know, going in the right direction. Becky?
OK. But then you dig a little deeper, 85 percent of that sample ANDERSON: Joe, with that, we're going to leave you there. We
from the Gulf countries said, they are hugely optimistic about thank you very much indeed for joining us.
going in the right direction. That story is not going away, CNN all over it. I'm Becky
But when you look at the sample, which is Levant and Yemen, Anderson. That was "Connect the World." Thank you for
you know, or what we call the fertile crescent (ph) in Yemen is watching.
the diametrically the opposite. Eighty-five percent feel that END
they are going in the wrong direction.
(By Editorial Team, Weekly Analysis)
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Research Articles for CSS Essay Topics Weekly Analysis May 4th 2017
the governed; and in the next place oblige it to control assure fair trials before impartial tribunals in which
itselfJAMES MADISON, FEDERALIST PAPER NO. 51 every defendant stands equal before the law. This
(1788) noble ideal cannot be realized if the poor man charged
with crime has to face his accusers without a lawyer to
James Madisons quote from the Federalist Papers gets at assist himJUSTICE HUGO BLACK, GIDEON V.
the heart of the problem that even a government of law is WAINWRIGHT, 372 U.S. 335 (1963)
ultimately administered by men over men. The framers of the
U.S. Constitution addressed this problem by dividing power The Supreme Courts opinion in Gideon v. Wainwright
among the different branches of government (legislative, secured the right to counsel for indigent criminal
executive, and judicial). This framework for government, defendants unable to afford legal assistance on their own.
known as the separation of powers, ensures that no one The decision in Gideon was grounded in the Sixth
person is able to gain absolute power and stand above the law. Amendment to the Constitution, which guarantees criminal
Each branch of our government has some level of control or defendants the assistance of counsel. At issue in Gideon
oversight over the actions of the other branches. was whether this guarantee of assistance required the state
The rule of law does not depend upon a U.S.-style separation to provide legal counsel if a defendant could not afford to
of powers. In a parliamentary system, for example, the powers exercise his or her constitutional right.
of the executive and legislative branches are combined; In a criminal trial, the state has many resources at its
procedures such as no confidence votes and regularly disposal, including lawyers who prosecute the states case. As
scheduled elections serve as a check on the party that controls Justice Black notes, it is difficult to claim that a defendant has
the parliament. The key point is that every form of government been treated with fairness and impartiality and has been
has to have some system to ensure that no one in the given equal standing before the law if the defendant must
government has so much power that they can act above the face the state without a lawyer of his or her own.
law. I submit that an individual who breaks a law that
To make laws that man can not and will not obey, conscience tells him is unjust, and who willingly accepts the
serves to bring all law into contempt. It is very penalty of imprisonment in order to arouse the conscience of
the community over its injustice, is in reality expressing the
important in a republic, that the people should respect highest respect for law. MARTIN LUTHER KING, JR.,
the laws, for if we throw them to the winds, what LETTER FROM BIRMINGHAM JAIL (1963)
becomes of civil government? ELIZABETH CADY The words of Martin Luther King from Birmingham Jail
STANTON (1860) remind us that there is a distinction between law and justice.
The law, even if it is uniformly applied, does not in itself
guarantee a just result. The rule of law is intended to promote
It is very difficult for a nation to maintain the rule of law if stability, but a society that operates under the rule of law must
its citizens do not respect the law. Assume that people in your also remain vigilant to ensure the rule of law also serves the
community decided that they didnt want to be bothered by
interests of justice. As this quote points out, the continued
traffic laws and began to ignore stop signs and traffic
strength of the rule of law sometimes depends on individuals
signals. The ability of police officers to enforce the laws
who are willing to risk punishment in pursuit of justice.
would be overwhelmed and the streets of your community
[N]either laws nor the procedures used to create or
would quickly become a chaotic and dangerous place. The
implement them should be secret; and . . . the laws must not be
rule of law functions because most of us agree that it is
arbitrary. U.S. COURT OF APPEALS JUDGE DIANE WOOD,
important to observe the law, even if a police officer is not
THE RULE OF LAW IN TIMES OF STRESS (2003)
present to enforce it. Our agreement as citizens to obey the
Judge Woods comments highlight the need for, first, an
law to maintain our social order is sometimes described as
open and transparent system of making laws and, second, laws
an essential part of the social contract. This means that, in
return for the benefits of social order, we agree to live that are applied predictably and uniformly. Openness and
according to certain laws and rules. transparency are essential. If people are unable to know and
Elizabeth Cady Stantons quote also highlights another understand what the law is, they cannot be expected to follow
important aspect of the rule of law. People must be asked to it. At the same time, people deserve to know why a particular
obey laws that they can and will obey. If laws become law has been passed and why they are being asked to obey it.
impossibleor even difficultto follow, the respect of citizens The rule of law also requires that people can expect
for the law will begin to erode.
There can be no free society without law administered predictable results from the legal system; this is what Judge
Wood implies when she says that the laws must not be
through an independent judiciary. If one man can be
arbitrary. Predictable results mean that people who act in the
allowed to determine for himself what is law, every same way can expect the law to treat them in the same way. If
man can. That means first chaos, then tyranny.U.S. similar actions do not produce similar legal outcomes, people
SUPREME COURT JUSTICE FELIX FRANKFURTER, cannot use the law to guide their actions, and a rule of law
UNITED STATES V. UNITED MINE WORKERS (1947) does not exist.
When we [Americans] talk about the rule of law, we assume
Judicial independence means that judges are that were talking about a law that promotes freedom, that
independent from political pressures and influences when
they make their decisions. An independent judiciary is promotes justice, that promotes equality. U.S. SUPREME
essential to maintaining the rule of law. Judges should not be COURT JUSTICE ANTHONY KENNEDY, INTERVIEW WITH
pressured by a political party, a private interest, or popular ABA PRESIDENT WILLIAM NEUKOM (2007).
opinion when they are called upon to determine what the law Justice Kennedy suggests that the rule of law has taken on
requires. Keeping the judiciary independent of these special meaning for the people of the United States, based on
influences ensures that everyone has a fair chance to make our history of looking to the law to fulfill the promises of
their case in court and that judges will be impartial in freedom, justice, and equality set forth in our nations founding
making their decisions. Judges also must explain their
decisions in public written opinions,and their decisions can documents. As will be further discussed in Part II of the
be appealed to a higher court for review. These elements of Dialogue, our understanding of the rule of law in the United
judicial decision-making ensure that judges remain States did indeed develop around the belief that a primary
accountable to the rule of law. purpose of the rule of law is the protection of certain basic
From the very beginning, our state and national rights. The United States Constitution represented the first
constitutions and laws have laid great emphasis on effort by a nation to establish a written constitution of laws
procedural and substantive safeguards designed to that would bind the government and guarantee particular
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The daughters share in the patrimony in the Punjab where degree of the gap or difference between the official law and the
the author did his fieldwork has been chosen as a case study local culture or customary law, the gap being largest in the
to illustrate the whole debate. Anthropologists are may be developing countries. The problem for anthropologist is not only
unanimous in their views that: the way a people settle that the paradigmatic concept of law is one and only law of
disputes is part of its social structure and value system. 12 the national state but the idea that the unity of law is achievable
There is a wide gap between the official/Islamic law and the and has to be achieved. I would like to present the view below
customary law practices with regards to the share of the that the attempts to achieve the unity of law in the name of
daughter in the property of her father. The overwhelming science and rationality are actually implementing the customs of
majority of the people in the Punjab particularly in the rural the majority and dominant groups/countries at the cost of the
areas follow customary law which is that the daughters do dominated, weak and minority.
not claim13 any share in the property of their parents. In my
view the social structure of the Punjabi society in general and Jurisprudence in my view remains the most conservative of all
the rural Punjab in particular is such that for the the social sciences particularly ideas like the rule of law because
daughters/sisters not getting a share in the patrimony is it is based on the same principles of rationality and universality
socio-economically more beneficial than the legal half share found in the 18th and 19th century debates of natural law and
(compared to their brothers) they have claim to. The Punjabi positivist principles. This is most evident today in current
society is a kinship based society. The ideal/kern relationship arguments about universal human rights The natural law
is a brother/sister relationship and not a husband wife theory assumes the existence of a universal, underlying system
relationship. Claiming the share by the sisters would mean of justice and right which is distinguishable from mere human
taking away from brother and handing over to the husband enactments, norms and judgments. Positivist theorists were
which is said to be a relationship of three words talaq disturbed with these ideas of the natural law only for its being
pronounced three times - whereas the brother-sister unscientific, that it was grounded on a mythical entity, and that
relationship is an ideal of the Punjabi kinship relationship. it confused law with morality. The social sciences are, at least
since the last quarter of the 20th century, very critical of any
My view is that if we want to change, for instance, the ideas of universally valid reality and particularly the view that
traditional law of daughters patrimony for implementing the this reality could be found out by the so called scientific
official/Islamic law the social structure particularly its methods. The Orientalism related debates have brought forward
kinship base has to be changed fundamentally. Because the
the views that texts (laws) exist in contexts i.e. cultural contexts
rule of law as Krygier and Mason define it is a state of
affairs, with complex, multi-layered elements of various and that there are no methods discovered for detaching
provenances, rather than any particular set of institutions. knowledge, or so called facts from politics and ethnocentrism.
Most aspects of a society its balance of power, economic
structure, family patterns, education, media, as well as legal The most problematic aspect of the doable view in the rule of
institutions are relevant to the degree the rule of law law is that it is approached in a very what Krygier has called
prevails with it. Having said this, it is important to bear in breathtakingly mechanistic way. It is assumed that Aid
mind that the socially engineered changes do not only often providers know what endpoint they would like to help countries
fail in achieving the desired results they may also frequently achieve the Western-style, rule-oriented systems they know
lead to totally undesired side effects. In other words
implementing official share of daughter in the patrimony from their countries In-spite of the fact that we know that
means changing marriage practices, destruction or at least law related practices developed over long periods, and with
replacement of present (joint/extended) family and kinship little deliberate design to produce the results they have. To pluck
system with a nuclear family making individual as supreme out of this dense thicket of institutions, cultures, traditions,
as in the West (discussed in detail in later part of the article). mores and practices, merely the formal rules or architecture of
The question is not only if such changes are instantly possible legal institutions is simply to pick at leaves. We also are aware
the more important question is if these changes are desirable
that: most of the greatest success stories of the rule of law owed
as destination. I am personally not very sure if the Western
styled individual based contract society with free market nothing to professional rule-of-law promoters. The notion is
ideology, individualism and capitalism is a preferable based on the assumption that a country achieves the rule of law
alternative to the status based kinship society. The idea that by reshaping its key institutions to match those that are
change could be brought 56\ one area i.e. law of inheritance considered to have the rule of law. So in short build them and
without affecting the other i.e. the nature of social structure they will come.
and kinship may not possibly work.
What is the problem for me as an anthropologist with this In short in debates about achieving the unity of law for the rule
state of affairs called the rule of law? Let me start by saying of law the local cultures especially those of the minority groups
that anthropologists have no problems if the unity of law (in become irrational, unscientific at worst an irritant or an evil
the sense that no or at least no major and basic difference necessity that need to be removed. The attempt to bring about
exists between the law of the state and the local culture) the unity of law for the rule of law does not end in the national
already exists. Having written this it is a fact accepted by all boundaries. Looking at the transnational impacts including the
including jurists that the unity of laws does not exist in the colonial past the unity of law is deemed to end up in attempting
developing countries like Pakistan. We know that even the to convert all the non-western laws into the Western law. My
most developed countries in the world are culturally and basic focus in this paper is not to show how the unity of law is
legal plural. The difference between the developed countries attempted at the cost of the local cultures but to show that local
like UK, Germany, etc. and the developing countries culture is not irrational and illogical as it is presented in the
particularly those having a colonial past like Pakistan is the unity of law and the rule of law debates. Being cultural relativist
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I am of the view that customary law as part of culture has its The practice in the Punjab especially in the rural areas is that the
own logic and that this local cultural logic needs to be daughters or sisters do not claim any share. The prevalent
understood in its own cultural context. practice is that the daughters/ sisters relinquish their patrimony
rights especially landed property rights by signing away their
Talking about legal pluralism in countries like Pakistan is inheritance to their brothers. I do not want to follow here the
acknowledging the existence and relevance of several legal argument that dowry and other gifts to the daughter/sister are
orders instead of ignoring them as the jurists at least equivalent or not of her share. The village where I did my
officially do. The rule of the state law may be taken as an fieldwork only two sisters have claimed their inheritance and
ideal to be achieved in the long run. Important for achieving both of them were married and lived in the same village and as a
this idea is also realization that the gap between the practice first instance had conflicts with their brothers. This is in-spite of
and official (ideal) should not be so big that it is impossible to the fact that all those women who have contacted official courts
bridge. Therefore a practical approach should start by for securing their inheritance rights got a sympathetic verdict.
accommodating the local culture (legal pluralism) and adopt Shaheen Sardar Ali a prominent Pakistani lawyer and activist in
a slow and steady long term approach to achieve the ideal the field of women rights and status in Pakistan provides us very
(more details in conclusion). If we want to bridge the gap we interesting detailed analysis of inheritance disputes from the
have to learn the logic in the local customs so to say to find record of the higher courts in Pakistan. She writes: From 1947
the local wisdom instead of only looking towards the West to date we find that whenever a woman has approached the
and to accommodate it in the reconstruction of the state superior courts for protection of her right to inherit, she has met
system of law. with a very positive response. She remarks further that: , in
comparison to other areas of family law, the quantum of cases
This is a theory that can account for a situation in which
raising issues of inheritance and succession rights for women is
different value systems of somewhat equal moral validity can
operate together by accepting the norms generated with extremely low. She asks: why in spite of favourable decisions by
multiple centers and by creating semi-autonomous fields for the courts there are so few cases for patrimony keeping the fact
their implementation. in view that almost no women receive their share? Answering
The logic in traditional practice of daughter the self raised question she writes that the pressure from both
inheritance family and society to forego ones inheritance is so compelling
for women that they are simply unable to raise their voices and
There is a wide gap between the theoretical official/Islamic forced to settle oft of court.
law of inheritance for the women and the customary law. A
following small selection of verses from the Quran lay down My question is why this pressure does not function when the
the foundations of the Islamic/official law of patrimony in same women go to courts against their husband for divorce and
Pakistan. custody. I am of the view that women do not want to claim their
share because they will end up as losers. As has already been
Allah chargeth you concerning (the provision for) your mentioned it means that the Punjabi society is a kinship based
children: to the male the equivalent of two females, and if society where brother-sister make the kern of the system
there be women more than two, then theirs is two-thirds of
the inheritance, and if there be one (only) then the half. compared to husband and wife which is a contract relationship.
At the end of the same Surah, there is a provision for the Claiming share by the sister would simply mean taking from the
collaterals: brother and giving it to the husband.
They ask thee for a pronouncement, say: Allah hath Brother-sisters as kern Relationship in Punjabi kinship
pronounced for you concerning distant kindred. If a man die system
childless and he have a sister, hers is half the heritage, and he
The brother sister relationship has to be understood in the light
would have inherited from her had she died childless. And if
of the marriage rules and family system of the Punjab. The
there be two sisters, then theirs are two-thirds of the heritage,
central assumption of this paper to state once more is that
and if they be brethren, men and women, unto the male is the
because sister-brother and not husband-wife make the core of
equivalent of the share of two females.
the social structure and kinship system of the Punjab the
In order to make these provisions imperative and daughters/sisters do not claim their share. The question is how
enforceable, God promises divine reward for abiding by them this kinship structure influences the not demanding of share in
and prescribes divine punishment for disregarding them in the patrimony by the sister? First let me explain how it is the
the following words of the Quran: sister and brother and not husband and wife that lie at the centre
of the Punjabi kinship. I want to start with one of the most
These are limits (imposed by) Allah. Whoso obeyeth Allah and famous love epics of the Punjab, Mirza Sahiban.
His messenger, He will make him enter Gardens underneath
which rivers flow, where such will dwell forever. That will be According to the details relevant for us Mirza came to take
the great success. And whoso disobeyeth Allah and His Sahiban away before her family married her of to somebody
messenger and transgresseth His limits, He will make him else. Sahiban tells Mirza on their way how cruel and strong her
enter Fire, where such will dwell forever; his will be a shame brothers were and that they would kill both of them if they found
full doom. them. Mirza proudly told her his marksmanship with his bow
and arrows. As a demonstration he successfully aimed at the
peak of a flying pigeon. During their further journey Mirza got
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tired and they stopped for a rest where Mirza fell asleep. As ke wieran tu door challi (Going for away from the courtyard
soon as Sahiba saw her brothers approaching she broke the of the father and brothers, far away from toys and joys). Much
head of all the arrows. Sahibans love for her brothers of these might be ideals but they shape the nature of Punjabi
society. The closest relationship for a woman in the Punjab is
overtook her love for Mirza or even love of her own life. I
that to her brother. The other most loveable relationship in the
think this love epic shows the ideals of the Punjabi kinship. Punjabi kinship system is of mammon i.e. mothers brother. The
maternal grandparents, particularly the grandmothers, are
In several M. Sc. classes at the Quid-i-Azam University, famous for their love of the children of their daughters, though
Islamabad I asked female students as to who among them parents are more worried if their sons do not get children,
would demand her share of the patrimony? The response especially male.
average ranged between zero and one among ten female
students. The sisters in the Punjab continue to dominate the The daughters continue affecting the life in the houses of their
houses of their fathers and brothers long after their brothers at least as long as their parents live. If sisters have
marriages. A wife is considered an outsider who comes and quarrels or difficulties with their husbands, the wives of brothers
destroys the family which is ideally joint and extended. This is face the same. This is most clearly the case in exchange
expressed in proverbs like: Ooan prayan jayan laraon marriages. Women even after their marriage call their natal
sakyan bhayan (the alien come into the house and make the villages and families as their real (sada pend or sada ghar)
brother fight each other). The relation between the family of villages and houses. From daughters/sisters the women directly
the groom and the family of the bride is of antagonism and become mothers consanguine relatives - without ever
mistrust. This may be observed at the time of marriage becoming wives in the Western sense. Only by becoming
ceremony. The grooms party enters the village of the bride mothers, particularly of sons, women get their place in the
shooting in the air, using crackers for making noises, beating household of their husbands.
drums, riding cars resembling an attack on the village as if it
Now a woman can hardly be divorced. If the husband dies, the
was a marriage by rob. The groom and his people could be
woman will be kept in that household only if she has children,
asked to perform a challenging job that could include things
particularly sons; otherwise she goes back to her parents house.
like shooting at a difficult aim, solving a puzzle, or a
challenge in riding, etc. before they are given the hand of the That the relation of brother and sister decides the nature of the
bride. Punjabi family and society is also evident from the system of gift
exchange called Vartan Bhaji in ethnographic literature on the
Marriage negotiations that take place before the actual
Punjab. Vartan Bhaji consists of two words: Bhaji is usually
marriage are also full of mistrust. Both parties exaggerate in
translated as sweats and Vartan as distribution or dealing,
matters, for example, relating to economic status, education,
combined dealing in or distribution of sweats. This is a very
age, etc. All the social networks are used to reach the truth.
elaborate system of gift exchange that Eglar called dealing in
This mistrust continues after the marriage, at least the first
relationships. Bhaji is not the whole gift exchange but the sweats
years. The mother-in-law fears that the bride wants to
only. These are the sweats a woman brings from her parent
establish an independent household, i.e. try to disintegrate the
house, i.e. actually the house of her brother, for her in-laws.
joint family of her sons. She therefore does not want her sons
These sweats are meant for distribution in the sharika, i.e.
to be intimate with their wives. Thus, it is a common value in
patrilineage of her husband, which is actually also her sharika.
the village that the men of honour and prestige spend little
Thus women in the Punjab loose their sharika (biradari) after
time at home with their women folk. They come to their
marriage and become a part of their husbands sharika. This is
homes only for short whiles and even eat preferably at mens
why people say that women have no zat, no biradari or sharika
places like dera, hawaili and thara. The wife similarly fears
of their own.
being divorced and robbed of her dowry including the costly
golden jewellery. In the worst case the relation of husband One could also argue from a different point of view that the
and wife is said to be a three words relation (divorce, divorce women actually lay the foundation of the sharika. The one time
and divorce) and woman is often compared to shoes which brothers, through their wives, become sharik (enemy) in the
one wears if they fit. Original Punjabi saying goes: Aurat te form of their sons. The foundations of this new relationship are
paer de juti ae puri aie te palaie neh te badal laie) laid down by the sisters brother in the form of sweats. This
relationship between sisters brother and her husband is very
In contrast the relationship of sisters and brothers is of love,
obedience, respect and trust in the Punjab. The most cruel ambivalent. Thus, on the one hand, the sisters husband is the
person turns into wax for daughters and sisters, goes a most important guest for any Punjabi family. As a matter of fact,
saying. Paradoxically though daughters and sisters are called when Punjabis introduce somebody as our guest (prouhna),
guests (prouhnian) at the homes of their parents. Thus, they mean that he is their sisters or daughters husband. In case
parents start preparations for their daughters departure, i.e. of any trouble for the sister or daughter he becomes the worst
marriage, right after their birth. The issue of the daughters enemy. The term for wifes brother is sala which is actually also
departure is so emotionally charged in the Punjab that people
an abuse. This is a person who is actually robbing that (sex of the
already start crying or at least get moisture in their eyes
when this topic is mentioned, for example, in folk wedding sister) what the Punjabi brothers protect even at the cost of their
songs like: Dhian taee dhan praya be bawla tun piayar kiyun lives. The Bhaji relationships between brothers, patrilateral
aina paya be bawla (Daughters belong to the others why did parallel cousins, patrilineage at the extreme end i.e. the whole
you fell in love them oh father). There are similar songs of biradari are of equality, fraternity hence of competition that
daughters complains of married of to places far away from eventually turns into enmity. The relation of Vartan Bhaji
the homes of their father and brothers: Bawal da baira shad
35
Research Articles for CSS Essay Topics Weekly Analysis May 4th 2017
between brothers and biradari brothers are dealt with by the The rule of law in Germany: Some observations
women, i.e. wives, and then transferred to daughter-in-laws.
Here lies the crux: Wives are strangers between the brothers A small group of pedestrians waited on a red traffic signal when
and due to competition and mistrust the brothers become I reached the spot. I looked first right then left and having found
enemies in the form of cousins. no traffic in sight set my foot to cross the street. Rooot! (Red!),
cried somebody from the group. This was by no means an
Married sisters also get their share of the Bhaji that their exception (in the sense that I was a foreigner though that might
brothers wives bring from their brothers or fathers houses. sometimes strengthen the check), you often hear people shouting
Bhaji with sisters/daughters is, however, not operated by the at, for example, smokers in non-smoking zones Nichtraucher
wives but is dealt with by their mother, father or brothers (no smoking), or bicyclists going astray to the pedestrian
themselves. The gifts which the sisters/daughters get are portion: Fussgaengerweg! (footpath!). Once I witnessed an old
called Thehi Tehan, an expression which can be translated as man walking on a bicycle path. A young lady came riding a
giving to the daughter. On occasions such as religious bicycle. She rang the bicycle bell constantly and started shouting
festivals (Eids), marriages of brothers, birth of sons, their as she approached the old man who could barely hear but
circumcision, or later on the sad occasions of parents deaths, definitely move only at a slow pace. Astonishingly some two
in short every time the daughter/sister visits her family. meters free space on the right side was available as well as over
a meter on the left side of the bicycle path. The lady stopped and
Every time there is a celebration in the family of the married insisted upon the privilege of her bicycle lane. The best examples
daughter the parents go loaded with gifts for the whole come from the household waste management. Household
family. The most celebrated occasion is the marriage of the garbage is sorted into different categories like organic,
children of the daughter. Her parents and brothers bring inorganic, paper, glass, compost, etc. and families living in
what is known as nankishak and which covers almost the different apartments of a building share common garbage
biggest part of the brides dowry especially the marriage of containers. Depositing the garbage into the wrong container or
first daughter. When the brothers establish their own garbage not sorted out leads to a number of disputes. Shocking
independent households or when the parents are dead the for many will undoubtedly be the revelation that the neighbours
role of father is taken over by the brothers. The sisters are know even minor details about the contents of ones garbage. I
said to become daughters of the brothers after the death of have observed with amusement people washing their plastic
the parents. Thus, Punjabis say that brothers are never garbage before throwing it into garbage containers.
younger than their sisters and that the elder brothers are like
fathers to them. Hence all brothers are like fathers and Gellner provided us a detailed account of how a relative
therefore they give Theh Thehan. This does not mean sisters homogeneity of views or what Geertz has called civil sentiment
do not give gifts. They also bring gifts for their sisters-in-law is achieved through state run formal education in industrial
and brothers children but they receive many times more. societies. In his view:
In my view, the traditional rights of the daughters/sisters in Men acquire the skills and sensibilities which make them
the Punjab are compatible with their position and role in the acceptable to their fellows, which fit them to assume places in
family and society. The State/Islamic law reserves the share society, and which make them what they are, by being handed
of the daughter in the property of her father. It is my over by their kin groups (normally nowadays, of course their
assumption that the daughters do not claim their nuclear family) to an educational machine which alone is
official/Islamic share in the property of their capable of providing the wide range of training required for the
fathers/brothers because what they have to give up is more generic cultural base. This educational infrastructure is large,
than what they would get. What she has to sacrifice against indispensable and expensive. Its maintenance seems to be quite
her legal share is her relationship to the natal family. In other beyond the financial powers of even the biggest and richest
words if a women claims her part of inheritance she will have organizations within society, such as the big industrial
to do it at the cost of her relationship with her stem family. corporations.
This is particularly important for her in a society where
women can be divorced without any claim on the property of This education that Gellner has named exo-socialization is the
their husbands. The women return to the family of their production and reproduction of men outside the local intimate
parents/brothers in case of the death of their husbands in unit furthermore this exo-socialization is universal,
case the couple was still childless. There are hardly any standardized, and generic and is now the norm in industrial
examples and possibilities of women to live alone, i.e. without societies. This, in his views, linked the state and culture which as
men who are her fathers, brothers, husband and sons. a result has made the informal socialisation by the family and
However, a woman who claims her legal/Islamic share of her open society identical or insignificant compared to the exo-
parental property decides for such a fate for her. In other socialization that has been mentioned above. The loyalty to the
words she becomes a brother instead of a sister. kinsman is superseded by the loyalty to the state. Gellner called
this state of affairs in the industrial society the Mumluk
The next section brings a brief sketch of the prevalence of the conditions becoming universal.
rule of law in Germany from my fieldwork experiences there.
This short introduction and discussion I believe should enable Let us go back to the case of Germany to see the impact of state
us to better understand the problems relating to the rule of socialization. The focus of the socialization here is making
law of Pakistan. children independent individuals in life. This starts already from
36
Research Articles for CSS Essay Topics Weekly Analysis May 4th 2017
the birth on. Babies get their own beds, toys, bedrooms, etc. it is found in many other fields too. Daily newspapers frequently
After reaching 18 years of age the pressure starts growing to report stories relating to the marriages where the customary
leave the parents house and those who do not manage it in practices still prevail despite ruling of the Supreme Court of
time may be called Muttershnchen (weaklings), or the like. Pakistan for the reverse in case of the so called love marriages.
One might hear one of the parents, mostly the father, saying
was sucht er hier noch (what is he doing here)? The We know from other enumerable cases that the court verdicts
successful partnerships or marriages now a days in Germany have almost no validity. The families of the women are ready to
are considered those where partners have maximum go to any length for acting upon their custom. Many couples
independence. People learn to live independently and are not have been killed in-spite of the verdicts of the superior courts.
ready to give up their independence. This socialisation Another important area to mention is related to honor killings
produces individuals, disintegrates the family and destroys and blood feuds in Pakistan. According to the report a famous
kinship system. This vacuum is filled by the state through Jirga (council of village elders) in Sindh met to decide an old
socialization that we called formal socialization (schools, blood feud. In its verdict the jirga ordered some innocent girls to
Universities) that is rational even scientific. be given in marriage to the aggrieved family. The interesting
aspect of this case was that a Member of the National Assembly,
In sharp contrast to industrial societies like Germany, there the District Mayor and the Tehsil Mayors (all of them are
are several different forms of socialisations prevailing supposed to represent the state and uphold the state law) were
simultaneously in post-colonial societies like Pakistan. We members of this jirga. This is by no means an exceptional case.
can divide these forms of socialisations in Pakistan into two Exceptional is perhaps that the Supreme Court of Pakistan took a
main categories, i.e. informal (family, kinship, peer groups, suo motu action, cancelled the verdict of the jirga, and declared
society as large, etc.), and the formal, i.e. imparted at the that it was an illegal, parallel system. The next day there was a
private/public educational institutions {religious schools province wide crackdown against the jirgas by the police.
(madaris), private and government run school systems}.
There is no universal education in Pakistan. Similarly the The giving of girls in marriage to end blood feuds, usually of
education imparted at the different formal institutions - the ancient origin, is known as Swara or Vanni and is an age-old
practice in the tribal areas of North West Frontier Province,
madrasa, private schools, and government schools - is very
Sindh and Balochistan. The panchayats/jirgas are headed by
diversified in nature. In most of the private schools for powerful, influential, aged and respectable personalities. In the
example, the medium of instruction is English and the above case the jirga included political leaders from almost the
syllabus is imported. Most of the government-run schools still highest level in the area. The meetings of the Jirgas/Panchayats
seem to follow the colonial agenda of producing clerks. The are made on the request or by the consent of the parties involved
madaris, further, appear to be teaching as if in the middle- and most of their decisions are compromises arrived at after
ages, both in terms of style and content. Furthermore, formal discussion with these parties. The decisions of these
panchayats/jirgas in my view reflect the
school education is acquired primarily to secure values/traditions/culture of the people. The decision of the court
government/quasi government jobs. The socialisation in the is made keeping in view the laws which have their origin in the
families, kinships, peers and the society at large - that which West and which as Moore wrote examine one distinct dispute
may be considered real socialization - is markedly different under laboratory conditions following the western values of
from formal or state socialisation. The informal local individualism, universal human rights, women right, etc.
socialisation furthermore differs from group to group and Nothing against them but since they are not according to the
local values hence they remain rather an empty slogan.
region to region. As a whole we could say that the main
characteristics of education in Pakistan are cultural The fact is that people do not accept laws, courts, official law if
differentiation and cleavage rather than homogeneity, as is and where it is against their values. Coming back to the case
the case in industrial society. study what did the Supreme Court of Pakistan ban, and was its
ban effective? According to the local custom the consent of
Discussion and Conclusion women is not sought for their marriages. It is a duty at one level
and a prerogative at another of the family or parents to marry
This article discussed the rule of law problems in Pakistan off their children. Women who arrange their own marriages are
with the help of a case study of daughters patrimony in the considered almost whores. Such marriages are conducted in
secret, and the families of such women loose all honor and
Punjab. The rule of law if defined as dominance of the well
respect among fellow villagers. They register cases with the
defined and well known laws state law - is almost absent in police declaring that their daughters have been abducted. These
Pakistan and if defined as a state of affairs which is almost couples are hunted down and, when they are found, killed (in so
never complete and there is always a degree of prevalence called honor killings), except when sometimes the women are
then Pakistan falls in the very low degree of prevalence ready to go back to their families and declare in the court that
category of the rule of law countries. The rule of law requires their absence resulted from abduction. In the social context of
unity of law which is achieved in the form of state law. such practices, if parents are ready to marry off their daughter
to somebody without her consent, the Supreme Court cannot
Pakistan is legally plural having state law, customary law
prevent it. Moreover, jirgas are constituted informally, without
and Islamic law being practiced here. The dominantly either fixed permanent members or written proceedings. And
practiced law in Pakistan could be safely said to be the Jirgas/panchayats are everywhere in a literal sense, whenever
customary law. We wrote in the case of daughters share in five people meet to decide something this is a panchayat/jirga.
the patrimony that the theory of the official law is very Besides that, decisions of the courts very often remain
different from the prevalent customary practices. This unimplemented in Pakistan. The government of Pakistan may
phenomenon is not limited to the daughters patrimony alone, want to ban Swara, Vanni, and honor killings, but enjoys the
37
BOOK REVIEWS
I. India vs Pakistan: Why cant we just be
friends?
Husain Haqqani
Juggernaut Books, New Delhi, India, 2016
Apart from the rather melodramatic disclosure of former and finally cancelling a UN-organised plebiscite in Jammu and
Inter-Services Intelligence Directorate (ISI) chief, Lt Gen (Retd) Kashmir sixty years ago, persisting human rights violations
Ahmed Shuja Pasha admitting that log hamare thay, and the extensive militarization there. Since then, Haqqani
operation hamara nahin thha (the people involved in the 26/11 believes, Pakistan has been strong in rhetoric without
Mumbai attack were ours but the operation wasnt the ISIs), appearing to have a well-considered plan B, once Kashmir
Husain Haqqanis new book on India-Pakistan relations hardly was engulfed by militancy during the 1990s. Without openly
contains novel academic research or much anecdotal reflection, acknowledging State sponsorship here, Haqqani does
which could satiate the palate of sensation mongering grudgingly admit that moral or legal arguments
audiences here. notwithstanding, proliferation of Kashmir-oriented jihadi
Starting in promising vein from Muhammad Ali Jinnahs groups such as Lashkar-e-Taiba and Jaish-e-Muhammad have
March 1948 beach-walk confidences shared with then US eaten away support for Pakistans position internationally.
ambassador to Pakistan Paul Alling, Haqqani mentions his Perhaps his own travails in his short-lived role as Pakistans
founding fathers lament about failure to establish normal ambassador to the US after the `Memogate catastrophe in
relations with India. His introductory chapter on why we can May 2011 (a controversy revolving around a memorandum
either be more than friends or become more than enemies addressed to Admiral Mike Mullen, ostensibly drafted by
provides a broad, if somewhat sketchy and selective historical Haqqani, seeking help of the Obama administration in the
narrative, of how conflict evolved in both countries. wake of the Osama bin Laden raid to avert a military takeover
Moving to Kashmir as Pakistans Jugular Vein, Haqqani talks of the civilian government in Pakistan), lead him to aver that
of lack of strategic thinking on part of Pakistans soldiers and any Pakistani suggesting normalization of ties with India,
military planners, as also their circumscribed knowledge of preceding a final settlement over Kashmir, runs the risk of
history, which made them reject partial solutions when being dubbed a traitor.
offered. He also blames India for promising, then putting off,
44
The book is a treatise of Pakistans foreign policy and its Partition till his assumption of office as Foreign Minister. While
execution by a former Pakistani Foreign Minister, Khurshid doing so, he, by and large, sticks to the mainstream official
Mahmud Kasuri (2002-07). First person narration throughout version of historic diplomatic processes (p.77-86). For his
the text reinforces the autobiographic intent of the writer. vision of foreign policy, Kasuri is indebted to and inspired by
President Musharraf appointed Kasuri to head the Ministry of Henry Kissinger (p.119-120).
Foreign Affairs when Pakistan was confronted with crucial According to Kasuri, the objective of foreign policy is not to
quandaries on multiple foreign policy fronts. During his tenure provide a shoulder for the people to cry over indignation, or be
as Foreign Minister, besides handling the post-9/11 quagmire, joyous over hope. Rather, it is to adapt to actual events as they
Kasuri ventured into (re)starting the peace process with India. happen or are likely to happen. And that in this context, foreign
The author has, ever since, publically owned this as a flagship policy of a typical nation state is directly related to its domestic
achievement of his tenure, and termed its discontinuation as an political and economic situation; and that no foreign policy can
unfortunate event for both the countries as well as for South succeed unless it enjoys the support of the people. The writer is,
Asia. rightly, of the view that there needs to be some connection
To set the context, Kasuri summarises Pakistans security between foreign policy objectives and ground realities, and
dilemmas and corresponding efforts for peace since the that unless Pakistan and India resolved their differences on the
45
Relationship in Diplomacy. This chapter fairly illustrates what driven account of his pursuit of peace with India amply
Pakistan has and has not been able to achieve through indicates his underlying guilt and repentance, which he does
diplomacy, how and why. The chapter offers valuable insights not wish to acknowledge. Unfortunately, instead of apologising
into the ways this institution has evolved since Sir Zafarullah to the nation on taking such a non-serious course on core
Khans days. national interests vis vis India, the writer remains adamant
Kasuri dispels the impression that the Pakistan Army is an that progress achieved through backchannels should not go
obstacle to peaceful relations with India and reiterates that the waste.
Army wants a just and equitable peace with India (p.470). Since the scheme of the book is a collection of compact and
About civil-military relations, he concludes that it is the non- exhaustive essays, and their division into chapters, sections
institutional culture prevalent in running the government that and sub-sections, repetitions are not infrequent. Quality editing
causes irritants. He is of the view that a potent National could have trimmed the volume substantially.
Security Council under the Chief Executive could resolve the Notwithstanding, the book fills a critical void in the literature
issue (p.486). regarding Pakistans foreign policy and conduct of external
Kasuri says that the purpose behind writing the book was to affairs. Barring the portions of the text aimed at self-
correct perceptions amongst the people of neighbouring aggrandisement and absolvement, the book can serve as
nations. However, the work is mainly focused on Pakistan- reference material for amateur as well as seasoned
India and Pakistan-U.S. relations; and is an effort to justify researchers.
some of the controversial decisions made during the writers Reviewed by Air Commodore (retd.) Khalid Iqbal,
tenure as Foreign Minister. The rest is fill-up material Consultant, Islamabad Policy Research Institute
overshadowed by official narratives on various aspects of (IPRI), Pakistan
Pakistans diplomatic outreach. The 225 page long obsession- .
47
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