Lawyer’s Movement Pakistan
2007-8
In Pakistan, democracy wouldn't have been restored, had civil
society, media, and lawyers not come out against the acts of the dictator,
Pervez Musharraf, in March 2007. It was due to the efforts and protests of
legal fraternity that the public has gained greater confidence in lawyers and
judiciary. According to Chief Justice Iftikhar Chaudhry, it was a period of
despair and lawyers played an important role in resolving the issues which had
spread throughout Pakistan in 2007. It was the movement of lawyers that lead to
a decisive opposition victory in the general elections of 2008, after which
Pervez Musharraf had to step down (O’Brien 2015).
Initially, the
focus of lawyers was on defending the efforts of Ifthikar Chaudhry in prosecuting
the senior members of the current or Musharraf's regime with the charge of
being extensively involved in corruption. In general, it is still determined if
Musharraf had not been forced to step down, he would have abolished the power
of law in the country. For instance, he had caused Chief Justice to step down
because he had charged claims of corruption against the members of his regime.
This was a huge disrespect and threat from Musharraf from the perspective of
lawyers. It is believed that whether it posed implications for the present or
not, it posed severe implications for the future of Pakistan where the law
would not have any power. That is the reason why the lawyer's movement is
considered so important in restoring the law and its power in Pakistan (Malik 2008).
Conceptual
Framework on Lawyers’ Movement Pakistan 2007-8
In this section conceptual frameworks regarding
protest and movement are presented in detail. Movement and protest are two
different and broad terms that relate to law and regulation system of a
country. In the following separate headings, information regarding law-related movements
and protests of Pakistan is discussed. Do the following paragraphs explain what
is the protest? And how it brings out changes in the economic and political
condition of a country. While the information presented on the topic of
movement explain the actual meanings of movement and its contribution to the
changes and development of a country. Moreover,
it also elaborates on the democratic transition of Pakistan and the movement of
lawyers.
v Movement
of Lawyers’ Movement Pakistan 2007-8
Movements are also similar to protest as these are
also started or initiated for the support of public rights or a civil opinion. However,
movements last for a longer time and directly influence the economic condition
of a country in the long run. Movements can be related to any topic such as movements
carried out for religions claims or movements supporting a social interest.
Moreover, movements can be also started for the purpose of betterment and
improvement in businesses. Apart from this, history is also evidence of many
nationalistic movements started on educational conditions (Ahmed and Stephan
2010).
According to the research articles written on
movement, nationalist movements and power of big business are the key
contributing factor for the promotion of globalization in the business world. Although,
oppositional movements have emerged and the reaction is widespread against the
governmental orders and established policies in various forms (Faqir, Islam and
Rizvi 2013).
In 2014, Umbrella movement was started for the government as established
political leaders of that times presented a contradictory statement and
supported the emergence of semi-democratic regimes. As a result of this
movement, the government was moved out earlier than their decided time period. Elaborating
on this topic a researcher identified various democratic reforms as well that supported
authoritarian form of governmental structure and encouraged pro-Beijing to
ensure recognition of democratic difficulties (O’Brien 2015).
Another research study highlighted labour
movements of history with an impact on the economic and social condition of the
country in which these movements were initiated. In 2011, Tunisia faced a large
scale labour movement started out at the national level for the safety and
improvement of labour rights. As in the condition of uncertainties, threats
were raised against their job securities. Lawyers of that also added fuel to
the fire and raised voice with the labour movement to reduce authoritarian
systems in the labour markets. In this movement, labour and lawyers exercised
against crisis to influence labour market-related policies and strategies
developed in the national level organizations as well as local businesses.
v Protest of
Lawyers’ Movement Pakistan 2007-8
An important measure regarding
discontent within societies is considered as a protest. The protest is also identified
as politics by various means. Protest provides support to the public to stand
against new rules and regulations that go against their basic rights to protect
this society. The protest also represents the public power of a specific group.
Following research articles, in the past few years, the protest had changed
democratic condition as well as the social condition of many developed
countries. Take the examples of early protests in Middle East countries and
Asian countries. In the 1980s, protests played a significant role to contribute
in the fall of communism and enhance challenges for the hegemony of
international level organizations. Global organizations effected from the protest
of the 1980s are the World Bank and IMF (O’Brien 2015).
Excluding all these, researchers also prove
that protests are harmful to developing societies. Particularly, in the state
of unstable economic condition and uncertainty periods protests can be proved
as a negative factor for future stability. Incumbent regimes get harm from
protests in the uncertain conditions by amplification of tensions. Although,
researchers highlight protest as a social evil that result in the collapse of
the country's economy in extreme cases (Faqir, Islam and Rizvi 2013).
In Pakistan, protest and movement of
lawyers had played a critical role in politics but mainly lawyers are famous
for their contribution and focus on movements and protests. Other than handling
public protest on various conflicting topics and ensuring peace in the society
lawyers also take direct participation in protests to raise their voices for their
rights identified and justified by law regulation authorities. However, in
modern countries protest is replaced with other civil practices that do not
provide direct harm to the economic condition as well as the political
condition of a country. In these
developed countries, people seek for better remedies and solutions than only protesting
for their perceived social problems and injustice practices. In accordance with
the research findings and historical analysis, the protest was not only
legalized or followed in Europe countries only. In fact, researchers identified
that North America and Arabian countries were also involved in confined
protests in their societies for injustice practices. In Arabian countries, large
scale public events were also capable of diffuses various geographical regions.
For instance, the Arab spring and Colour Revolutions.
Apart from social and legal conflicts,
the religious protest was also recorded in past history. However, the majority
of protests were recorded against political forces and decisions taken by the
democratic governments. According to the research findings of (O’Brien 2015), protest provides an
important tool to the public to protest and direct their actions in the civil
society to enforce their rulers and political powers to accept their claims. In
a civil society, a group of people can easily mobilise in a non-violent way at
any time to raise their voices in front of their political leaders and elite
class as a citizen’s communication. Such actions are legalized in civil
societies as protests and the basic right of the public against democratic
politics. In an article, researchers presented the views of Tarrow (2011)
regarding types of collective actions and protests. According to this view, the
repertoire of contention offers movements three broad types of collective
action – disruption, violence and contained behaviour. In this argument, the
most attractive form of protest is a disruptive protest that concerns with
attention generation and incorporation of claims for collective
self-representations (O’Brien 2015, Arif 2014).
v Movement
and Democratic Transition
Movements and protest are a highly powerful tool that can bring
changes in the democratic condition of a country. As discussed earlier in this
assignment, movements and protest stand against the concept of authoritarianism
to ensure the development of the democratic system in the real meanings. In the
democratic governmental structure, public opinion decides the matter. The
public elects political leaders of their choice to work for them. While public
act as a main source of power. However, when things go against their benefit
they take legal action in the form of protest or movements to restore their
benefits and interest for a better future ahead. Other than this, democracy
also depends upon movements. Basically, the term democratization is about the
democratic political regime transition. Political powers and changes move in
democratic or autocratic directions which depends upon the extent of power
given to the lawyers and public movements in a country. National development
and civil society development remain under the supervision of governmental
sector that should be handled properly by the political forces and lawyers of a
country.
According
to the research findings of various research studies, movements encourage or
discourage democracy and the rule of law. In past, many successful movements
caused changes in the established political structure of a country. Somehow,
the majority of these movements were started and supported by lawyers. In fact,
lawyers are the powerful actors in a country who have the authority to make
laws and influence civil society negatively or positively. Although, in many Asian
countries lawyers also supported some movements and laws that were later on
proved as critical movements for the overall development of a country. For
instance, during the times of Musharraf government lawyers paved paths for a
movement as a result of which Musharraf was stepped down from the allotted
power. At this time, the lawyer's movement was quite strong and influential
because of which Musharraf was stepped down without having a proper notice of
firing. This is how lawyers in Pakistan develop laws and even change the governmental
sector. Analysis of Pakistan’s history indicates that this change was a huge
step in the history of Pakistan that promoted democracy in this country. The
democratically elected government of Zardari was again established in 2008
after this event. Consequently, independence of the judiciary and public
strength was promoted and circumstances were changed respectively in the favour
of democracy. In other words, movements supported by lawyers and public causes
a transition in the democratic rule or overall democracy of the country. Such
situation is also common in European countries where the public has the power
to step down their elected leaders in a democratic government by the use of
movement as a tool of power (Ahmed and Stephan 2010, Ghias 2010).
The Lawyers’
Movement of Lawyers’
Movement Pakistan 2007-8
A movement or more specifically, a social
movement refers to group action. It is important to recognize that an
individual consensus definition of a social movement is not developed. However,
they are sometimes large and informal groupings of organizations or people
which specifically focus on social or political issues. In simple words, they
seem to undo, resist, or perform a social change. Meanwhile, a protest is
similar to a social movement and it is meant to resist a specific issue or
situation. There are a number of forms which can be taken by protests such as
mass demonstrations and individual statements. In this case, it was the lawyers
who not only protested but also brought a social change in the form of
democratic rule (Ahmed and Stephan 2010).
It
was in March 2007 that Pervez Musharraf deposed Iftikhar Chaudhry, the Chief
Justice of Pakistan. This caused the community of lawyers to stop working and
come in the streets and in July of the same year, the Iftikhar Chaudhry was
restored to the office. However, it doesn't mean that the issues in Pakistan
had been resolved. In November 2007, a state of emergency had been imposed by
Musharraf in Pakistan because of the controversy which centred on his re-election.
A POC or Provisional Constitutional Order was introduced by him due to which 60
judges were dismissed. Meanwhile, the remaining judiciary was forced to take an
oath. In December, the emergency was lifted, however, judges were not
reinstated.
The objective of lawyers was to create a rule
of law in the longer-term in Pakistan by ensuring the safety of the
constitution and independence of the judiciary. Meanwhile, in the short term,
the goal of lawyers was to reinstate the judges (Zaidi 2008).
Main Players
and Milestones of Lawyers’
Movement Pakistan 2007-8
Primarily,
the movement was initiated by the community of Pakistani lawyers who wanted to
support the law, judicial independence, and constitutional respect. The
principal role was played by lawyers in educating the people of Pakistan about
the problem. Pakistani civil society also supported the lawyers. The supporters
of this movement also included traders, businessmen, and professionals. Pakistani
students also became a part of the movement after a long time when they were
inspired by the struggle of civil society and lawyers. It was during these days
that Pakistan Youth Alliance and Students for Restoration of Democracy were
established through social networking. An important role was also played by these
organizations in increasing the awareness of people about democracy (Shafqat 2018).
Tactics of Lawyers’ Movement Pakistan 2007-8
A major role in educating people and
increasing awareness was also played by electronic and print media in educating
people about the relevant issues and movement of lawyers. However, its role was
limited only to the building of awareness. In addition to it, at the peak of
the movement, Musharraf's dictatorial regime puts carbs on the role of media.
Various channels which were discussing the objectives of the movement were
limited and taken off. At such times, an important tool was utilised in the
form of instant messaging. For instance, one text message about venue and time
of demonstration would be viral in a short amount of time, and most of the
times, the venue would be amassed by people even before the specified time. This
is also the time when social media was utilised in an effective manner. Event
component of social media was used for organizing the movements and holding
them in an effective manner. Posters were put on and the message was to enforce
the law and prosecute Musharraf (Faqir, Islam and Rizvi 2013).
Most of the students co-authored blogs and
articles for explaining why activism was required. Some specific parts of the
constitution were quoted and freedom of speed and expression was mandated.
These articles and blogs also served to increase the awareness of people about
what would happen if an action was not taken against Musharraf and the benefits
which would be brought by the actions if they were taken against the current
regime. Students who sided with the movement tied a black ribbon on their shirt
sleeves for educating and encouraging people to join the movement. The message
conveyed to people was quite simple that strength existed in numbers (Khan and Joseph 2008).
Hurdles of Lawyers’ Movement Pakistan 2007-8
Pakistan
Penal Code’s Section 144 generally outlaws
the assembly with four or more than four people together. Musharraf was the one
to first impose and it was imposed for the second time by the coalition
government of PPP. Due to it, peaceful demonstrators were arrested by the
police. These governments also attempted thorough censorship of media for
hindering the public for gaining awareness about the current events and joining
the movement. The protest’s climax against the censorship of media was when the
Federal Minister resigned on March 2009. Around the administrative area of
government, containers were put. The red zone generally involves the Supreme
Court, National Assembly, and the Presidency. Several officials of the movement
were arrested throughout the movement including Nawaz Sharif, Imran Khan, Ahmed
Ali Kurd, and Aitzaz Ahsan (Akhtar 2010).
Outcome of Lawyers’ Movement Pakistan 2007-8
In Islamabad, one protest rally was composed
of only students together with the activists of civil society. It was performed
during the rule of emergency when the assembly of over four people was being
imposed in the public. The gathering of protesters was led to the house of
president. Although students participated with the activists, they did not
inform their parents about their participation because they didn't want anyone
to restrict their participation. The resolve of both students and participants
was strong and the encirclement of the rally was braved by all the
participants. In spite of the fact that police members outnumbered the
participants, people didn't lose their resolve. The lips of participants were
sealed with duct-tape and their national flags were held high in the art. Some
victims of assault by police were only fourteen years old. However, under the
orders, the police did not spare even a single member of the movement (Arif 2014).
After
a number of rallies similar to this one, sufficient enough support had been
gathered through the country that individuals were marching from different
places towards Islamabad. People did not care about the distance. The only
objective was to march and protest against Musharraf. Huge containers were
installed by the government for hampering the demonstrators from taking a step
in the red zone. However, it was soon realised by them that the movement could
not be just controlled by police forces. And before demonstrators could actually
reach the capital, the judges of Supreme Court were reinstated including
Iftikhar Chaudhry. Across the nation, thousands of people rejoiced at their
triumph, with consistent visits to the Chief Justice at his residence for
several weeks. Since the success of the movement, civil society faced numerous
challenges in attempting to expand the movement with broader objectives. Although
the community did not grow significantly, it did achieve its primary objective
of making Musharraf step down (Ahsan 2009).
Actually,
this whole event had not occurred in Pakistan if Musharraf had not forced the
Chief Justice to step down and relinquish the power of law. There are three
parties in Pakistan at the moment. The first party believes that Pervez
Musharraf was indeed wrong in his doings and his intentions were aimed at
harming Pakistan. This party is comparatively larger than the other two parties
and that is the reason why Musharraf was forced to step down. If the parties
had been equal in size, there would have been no pressure on Pervez Musharraf
to step down and relinquish his regime. The second part is composed of people
who believe that Musharraf was not wrong in his doings. The majority of these
people include those people who supported him in the first place to come up
with his regime. Meanwhile, the last part is composed of only those people who
believe that Musharraf is wrong in some of his doings but he is also correct in
some of his actions. This is the most balanced part of the three parties (Nelson 2009).
Although these parties have their own beliefs,
it cannot be ignored what Musharraf did was indeed an action against his own
prosecution. In simple words, since corruption was charged against some members
of his regime, he chose to take actions before he could be targeted next. To
some extent, there is always a possibility that if members are doing corruption
then the head must be involved in corruption as well. This claim is actually
justified by the fact that Musharraf chose to relinquish Iftikhar Chaudhry and
his supporting members who were responsible for charging the files against his
members in terms of corruption. As explained above, if necessary steps hadn't
been taken to stop Musharraf, he would have taken worse measures to protect his
regime and prolong it without caring about the power of law. In fact, the law
would have been threatened the most as it would have no power against
Musharraf. Thus, it can be said that a democratic shift was caused by the
lawyer's movement of 2007-8 (Ghias 2010).
Conclusion of Lawyers’ Movement Pakistan 2007-8
Overall, it can be said that a social
movement refers to group action. It is important to consider that an individual
consensus definition of a social movement has yet to be created. Sometimes,
they are large and informal groupings of organizations or people which
specifically focus on social or political issues. In simple words, they seem to
undo, resist, or perform a social change. A protest, meanwhile, is similar to a
social movement and it is meant to resist a specific issue or situation. There
are a number of forms which can be taken by protests such as mass
demonstrations and individual statements. In this case, it was the lawyers who
not only protested but also brought a social change in the form of democratic rule.
Democracy, in Pakistan, wouldn't have been restored, had civil
society, media, and lawyers not come out against the acts of the dictator,
Pervez Musharraf, in March 2007. It was due to the efforts and protests of
legal fraternity that the public has gained greater confidence in lawyers and
judiciary. In accordance with Chief Justice Iftikhar Chaudhry, it was a period
of despair and lawyers played an important role in resolving the issues which
had spread throughout Pakistan in 2007. It was the movement of lawyers that
lead to a decisive opposition victory in the general elections of 2008, after
which Pervez Musharraf had to step down.
It wouldn’t be wrong to say that the primary objective of lawyers
was on defending the efforts of Ifthikar Chaudhry in prosecuting the senior
members of the current or Musharraf's regime with the charge of being
extensively involved in corruption. It has been determined that back then if
Musharraf had not been forced to step down, he would have abolished the power
of law in the country. After all, it is important to consider how he had caused
Chief Justice to step down because he had charged claims of corruption against
the members of his regime. From Musharraf, this was a huge disrespect and
threat in the perspective of lawyers. It is believed that whether it posed
implications for the present or not, it posed severe implications for the
future of Pakistan where the law would not have any power. That is the reason
why the lawyer's movement is considered so important in restoring the law and
its power in Pakistan.
In terms of the research, it can be said that not sufficient enough
information is available on this issue. Although little pieces of information
can be found from different sources, it is quite ambiguous because proper
conclusions cannot be formed by them. For instance, they don't provide the
researcher with enough detail to analyse whether Pervez Musharraf had done the
right or wrong this when he caused the Chief Justice to step down. In this
research, it has been determined that if the lawyer's movement had not been
carried out, the power of law would have been abolished in Pakistan. Thus, an
important role was played by the movement in restoring the power of law.
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Pakistan 2007-8
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