ROLI strongly condemns the state of emergency imposed on the people of Fiji, the attack on Fiji’s constitution and the entire judicial system. On April 9, 2009, Fiji’s Court of Appeals ruled that Commodore Frank Bainimarama’s 2006 military coup, the declaration of a state of emergency and removal of the democratically elected Prime Minister Laisenia Qarase was unconstitutional. The Court ruled, pursuant to the 1997 constitution that the sitting Parliament should be dissolved and new elections scheduled.
In response, President Ratu Josefa Iloila suspended the constitution, sacked the sitting judiciary, declared a 30-day state of emergency, curtailed domestic and international media and reappointed Commodore Frank Bainimarama as Prime Minister for five years.
The Public Emergency Regulations 2009 suspends freedom of speech, assembly and association, and equal protection of the law, all of which are guaranteed by the International Covenant on Civil and Political Rights. Further, the regulations give the military the power to close roads, order pre-emptive arrest, and censor the media.
ROLI supports the Fiji Law Society’s efforts to resist President Ratu Josefa Iloilo’s abrogation of the Fiji Constitution and the sacking of the judiciary. Specifically, the Fiji Law Society has called for the sacked judges to remain on the bench and to boycott all judges who swear allegiance to the military regime.
ROLI urges President Ratu Josefa Iloila and Commodore Frank Bainimarama to abide by the Court of Appeals ruling and respect the 1997 constitution. ROLI further urges all international donors, including the United Nations and the China Development Bank to discontinue all aid to Fiji and encourages the Pacific Island Forum and the Commonwealth to suspend Fiji’s membership until the state of emergency is lifted, the constitution is no longer suspended, and elections are promptly held.
Now that we are recovering from the euphoria of restoration, it might be an opportune moment to dwell on the logical follow-up required to fix our constitutional structure and deformed jurisprudence. The principled restoration of the deposed judiciary through an executive order is the first formal acknowledgement by the government of Pakistan that General Musharraf’s actions of Nov 3, 2007, were unconstitutional.
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I have lived on the lip of insanity, wanting to know reasons, knocking on a door. It opens. I have been knocking on the inside.
Jalaluddin Rumi
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The Rule of Law Institute celebrates your historic and successful defense and restoration of democracy in Pakistan.
Your Success
You have endured economic and financial pressures on your legal practices, intimidation and violence by state authorities, the arbitrary detention and house arrest of your leaders, and the potential co-optation of a democratic election deposing a despised dictator. Now – two years after first taking to the streets to defend judicial independence – you have achieved a breathtaking vindication of grassroots democracy, inspiring legions across the world through your example.
The achievements include establishing a new ethical standard for lawyers around the world. Beyond representing the interests of our respective clients, our profession defends our societies’ most cherished notions: habeas corpus; due process; access to unbiased justice for all; and democratic checks & balances among independent powers. You have demonstrated and filled a momentous responsibility of the profession, and our world will be better when your peers around the world accept the same burden.
Your Continuing Aims
We understand that while the restoration of Chief Justice Muhammad Iftikhar Chaudhury represents a major milestone in the restoration of democracy, it remains a single stone on the path. During the period of the Chief Justice’s unconstitutional removal, the Court was expanded from 16 to 29 Justices. Despite his impending return to the bench, the executive continues to hold a controlling interest on the Court through Justices politically beholden to it.
Until the judges of the Apex Court are removed, the work of the lawyers’ movement in Pakistan will continue. And the Rule of Law Institute will stand with you in the U.S.
The Implications of Your Triumph for the Broader World
Among the least explored implications of your recent success is the victory it portends in the struggle against extremism. As you have pointed out throughout your campaign, the Musharraf dictatorship – and Zardari regime – have built a dismal counterterrorism record.
Terrorists cultivated, trained and supported by the ISI continued to receive assistance from the Pakistani military under Musharraf’s control. The Pakistani military establishment defrauded the U.S. out of $10 billion since 2001, much of which apparently went into the pockets of military cronies and extremists, rather than efforts – like yours – to oppose them. And, perhaps most exasperating of all, Musharraf, and Zardari after him, sheltered the architect of the world’s most pervasive nuclear smuggling ring.
Their tenure was devastating to Pakistan, as well as U.S. interests in the region. Musharraf’s assaults on judicial independence and habeas corpus not only undermined Pakistan’s and America’s rhetorical commitment to democracy, but also represented a massive loss in the ongoing battle for the hearts & minds of individuals recruited by violent extremists. And by attempting to politicize the Court’s election law decisions, Zardari has followed Musharraf’s lead.
In contrast, the restoration of impartial justice could undermine extremism, in several ways.
First, an independent judiciary will build allegiance among people whom Pakistan and the U.S. most need to cultivate. The Court’s evisceration of the justice system vitally eroded the government’s legitimacy on the ground. In the face of unchecked arbitrary rule – whether that of government officials or militants who have gained control over territory – the strongest weapon against lawlessness is an unbiased and legitimate means of resolving disputes peacefully.
Second, your victory helps align political interests throughout Pakistan. Your supporters around the country can now focus their energies on the struggle against extremism, rather than the struggle against totalitarianism.
Finally, you represent a brave new model of international partner for the United States. For too long, our nation has forgotten its once-lauded role as a champion of democracy & freedom. Yet your movement’s ultimate interests are closely aligned with those of the U.S. over the long-term: you favor access to justice for all, an expansion of opportunity, and the development of robust civil society. If, by taking note of your achievements, the United States learns the value of supporting indigenous movements for democracy in other countries, the impacts of your work will multiply.
On the one hand, Washington has continued to bomb targets inside Pakistan under the Obama Administration. However, the administration now appears willing to consider supporting democratic reforms and independent institutions. As we wrote after investigating the martial law imposed by General Musharraf in November 2007, the U.S. “should dedicate itself to advancing the values of democracy, rule of law and human rights over repression and autocratic rule. This view compels shifting U.S. policy…towards support of independent indigenous institutions that hold the greatest promise for building genuine democracy….” But it was your work that proved the viability of winning popular support by advancing democracy, opening the space for Washington’s consideration of options beyond the military aspects of “The War on Terror.”
As you continue rebuilding democracy in Pakistan, we stand at your side in the United States. And, around the globe, we celebrate your remarkable achievements together.
In solidarity and heartfelt thanks,
The Rule of Law Institute (ROLI)
www.ruleoflawinstitute.org
Shahid Buttar, Esq.
Ryan Hancock, Esq.
Devin Theriot-Orr, Esq.
Will he confirm the rumor of the reinstatement of the Chief Justice? Of course, the devil is in the details.
ROLI is currently gathering information on all persons who have been arrested, detained or placed under house arrest in connection with the Long March. Specifically, ROLI is seeking the following information:
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The second long march in support of the rule of law movement has begun. The march is scheduled to culminate in a sit-in on the Constitutional Avenue in Islamabad, and is to continue until the judges deposed on Nov 3 are restituted to their constitutional offices. Has an overwhelming majority of our nation been rallying behind the movement merely to seek the reemployment of Chief Justice Iftikhar Chaudhry? Is the rule of law movement now a partisan movement seeking the replacement of the Zardari-led PPP government with one dominated by PML-N? Should the long march be denounced because the apprehension of disorder must override any concern for rule of law? Can democracy thrive under a depraved governance structure that engenders a dichotomy between the twin concepts of law and order - that go hand in hand in all civilized societies - and the excuse of instilling order is actually used to thwart the law?
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March 14th, 2009 in
Direct Action,
Law,
Op-Ed,
Pakistan | tags:
Babar Sattar,
Chaudhry,
Direct Action,
Long March,
Pakistan,
restoration,
rule of law,
Zardari |
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The Rule of Law Institute (ROLI) stands in solidarity with the judges, lawyers and civil society members who, on March 12, 2009, will engage in a non-violent “Long March” to demand the full restoration of the judiciary which was unconstitutionally removed on November 3, 2007. Despite President Asif Zardari’s assurances and signed declarations, the judiciary has still not been fully restored.
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March 12th, 2009 in
Direct Action,
Education,
International Law,
Law,
Pakistan | tags:
Dictator,
lawyers' movement,
Long March,
MQM,
PLM-N,
PPP,
Section 144,
Zardari |
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Recently, Pakistan’s Supreme Court, in a politically engineered decision, ruled two of the nation’s leading political figures ineligible to stand for elections. The decision demonstrates why an independent judiciary is fundamental to a free and just society - and crucial to the legitimacy of any democratically elected government, but also U.S. national security interests in the region. The decision of the executive controlled court has intensified internal turmoil and is distracting the government from fighting terrorism. Read the rest of this entry »
March 12th, 2009 in
International Law,
Law,
Op-Ed,
Pakistan,
U.S. Politics | tags:
iinternal turmoil,
lawyers' movement,
Musharraf,
Pakistan,
rule of law,
Rule of Law Institute,
Supreme Court,
terrorism,
Zardari |
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