Pakistan’s human rights record delays EU accord

Date: 13/11/03

The so-called third generation cooperation accord between the European Union and Pakistan is in trouble. David Cronin examines the issues

PAKISTAN has been accused of sponsoring terrorism and is known to possess weapons of mass destruction.

Perhaps incongruously, then, the US also deems the world's seventh-largest country as a valued member of the international coalition against terrorism which emerged following the 11 September 2001 attacks on New York and Washington.

The realization that the operation was inspired by al-Qaeda leader Osama bin Laden, then believed to be sheltering across the border in Afghanistan, led the EU to take greater note of Pakistan's geopolitical significance.

In November that year, European Commission President Romano Prodi and Belgian premier Guy Verhofstadt signed a so-called third generation cooperation deal with the country's military ruler, Pervez Musharraf, during a visit to Islamabad. The accord covers trade with, and aid to, Pakistan, as well as committing the two sides to finalize a "readmission agreement", under which Pakistan will take back large numbers of its nationals who migrate to Europe.

To symbolize the upgrading in relations, it is also designed to establish a joint commission between the two sides, which would meet on a yearly basis.

Intriguingly, however, the agreement has not yet been put into effect because of the position adopted by an Irish MEP.

The stance of Limerick deputy John Cushnahan came in for repeated, if polite, criticism by Pakistan's Foreign Minister Khurshid Mahmud Kasuri when he held talks in Brussels last week with Chris Patten, external relations commissioner, Javier Solana, the high representative for foreign affairs, and many MEPs.

As head of an 88-strong EU observer mission during last year's parliamentary elections in Pakistan (ostensibly designed to return the country to civilian rule after the bloodless coup which brought Musharraf to power in 1999), Cushnahan angered the country's government by describing the poll as "seriously flawed".

And now, as the European Parliament's rapporteur on Pakistan, he is due to make a recommendation this month on whether MEPs should approve ratification of the Islamabad accord.

That appears unlikely following his recent visit to Pakistan.

Cushnahan points out that Article 1 of the accord states that it is premised on respect for human rights and democratic principles.

During his visit, Javed Hashmi, leader of the main opposition alliance, was arrested for allegedly defaming the armed forces.

"This raises fundamental questions about the credibility of claims that democratic civilian rule is being restored to Pakistan," says Cushnahan. "I was astonished at Mr Hashmi's treatment - he was remanded in custody for five days without being brought to court and then remanded for a further nine days. The only conclusion I can come to is that the arrest is a clear warning on the part of the military to all opposition forces, media and civil society not to continue criticizing the growing role of the military."

Kasuri, however, is reluctant to discuss Hashmi's arrest. "This is not a question of one particular instance," he told European Voice, adding that there were "already problems with the third generation agreement" before the arrest.

"This is a question about a whole package, not one arrest," he said.

The foreign minister acknowledged that Pakistan has had problems during a "period of transition", but said the country was heading in the right direction.

"There are some basic ingredients of a democratic tradition in Pakistan. For example, we are proud of our free press. Our print and electronic media is independent and very critical.

"And we have a functioning and independent judiciary.

"Mr Cushnahan said that there were problems with the [2002] elections. Yet the Commonwealth and SAARC [South Asian Association for Regional Cooperation] said they were free and fair. There is a difference of opinion.

"I don't want to cast aspersions on anyone. If Mr Cushnahan thinks that, it may be his genuine opinion. I have to try to convert him," said the minister, pointing to the fact that there are now 74 women in the National Assembly as a sign of progress in a country where politics is customarily a male preserve.

Cushnahan refutes the minister's claims, saying he is "unfortunately mistaken" in his assertion that the Commonwealth observers gave the 2002 poll a clean bill of health. The observers' report said the Pakistani government had "curtailed the freedom of parties and candidates to conduct their normal campaign activities". (Two former premiers, Benazir Bhutto, and Nawaz Sharif were banned from running for office.)

And while Cushnahan applauds the greater representation of women in parliament, he says the value of such progress is "seriously undermined" by laws inimical to women's rights remaining on the statute books. Under the so-called Huddod Ordnances, for example, a woman who has been raped is required to have four male witnesses testifying before she can prove she has been the victim of the crime. If she is unable to provide such "proof", she runs the risk of being convicted of fornication, which can be punishable by stoning.

In more general terms, Kasuri says that the European Commission is keen to have deeper ties with Pakistan because it recognizes it "can play a major role in the Islamic world as a moderating force".

Still, the acquisition of nuclear weapons by historical foes India and Pakistan is a major worry for the international community, especially as the dispute over the Kashmir province continues.

Last year, indeed, there were fears of a war between the two countries as they mobilized up to a million troops along the border. This was in response to the dramatic attack on the New Delhi parliament in December 2001 by five gunmen. India blamed Pakistan's inter services intelligence agency for the attack, although Islamabad denied the allegation and condemned the outrage. India's Prime Minister Atal Bihari Vajpayee continues to accuse Pakistan of turning a blind eye to terrorist activity.

"We cannot have meaningful dialogue on bilateral issues as long as cross-border terrorism continues," Vajpayee told the Financial Times last week. "We have to see concrete evidence of Pakistan's sincerity in stopping cross-border infiltration, dismantling terrorist training camps in that country and closing down communication centres which incite terrorist actions from across the border."

Kasuri responded by saying that many Indian politicians have conceded that what he euphemistically called "cross-border activity" has dropped.

"We are prepared to accept neutral observers from the EU on the line of control.

"As far as Pakistan is concerned, we have taken all action to protect the border. But not one country in the world, not even the US, can completely seal its border. If India - they have 700,000 troops in Kashmir - can't completely seal its border, how do they expect Pakistan to do so?"

According to an Asian journalist, "the big problem in Pakistan is that if they make €100 a year, they spent €95 on defence".

The claim is exaggerated, of course, but it has a grain of truth to it. In 2002, some 29% of the country's budget went on military expenditure.

This was in a country where, according to World Bank data, one-in-ten children die before they reach the age of five.

Although India says its nuclear doctrine is one of "no first-use", Pakistan decided to conduct nuclear testing in 1998 after its neighbour had already done so.

"Pakistan and India should both be focusing efforts on the reduction of poverty," Kasuri comments. "But when India introduced nuclear weapons to South Asia we were forced to respond."

Even though there have been three wars between the two countries, Kasuri says the lack of understanding can be overcome through positive engagement. "Those who blow themselves up don't get permission from President Musharraf. These are desperate people. They need hope. Hope will come from dialogue between India and Pakistan."

http://ec.europa.eu/comm/external_relations/pakistan/intro/index.htm http://ec.europa.eu/comm/external_relations/pakistan/intro/index.htm

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