Winding Back Martial Law in Pakistan

Islamabad/Brussels  |   12 Nov 2007

General Pervez Musharraf’s declaration of martial law on 3 November can only bring more violence and instability to Pakistan. The international community must support the Pakistani people’s demand for the immediate restoration of constitutional order and democracy and the end of military rule.

Winding Back Martial Law in Pakistan,* the latest policy briefing from the International Crisis Group, urges particularly the U.S., the international actor with the most influence on the situation, to pressure the military regime into reversing its tragic course and sets out the steps, including a series of graduated sanctions that should be applied if it fails to do so. Combating extremism – the excuse for imposing martial law – can be better done by a democratic government led by one of the moderate political parties.

“Too many Western policymakers have believed the choice in Pakistan is between democracy and stability”, says Gareth Evans, Crisis Group President. “But Musharraf is the problem not the solution. It is only democratic, civilian government that can bring stability and defeat extremism. It’s time to undo the mistakes of the past, not repeat them.”

The international community must urgently help stabilise Pakistan by robustly supporting a rapid democratic transition. Specifically, it should urge Musharraf to:

• cancel martial law and restore fundamental freedoms;
• respect judicial processes and restore judicial independence, including by returning to office the dismissed judges of the Supreme Court and other superior courts;
• respect rule of law and human rights and immediately release political detainees;
• give up his post of army chief when the parliament’s dual-hat approval ends on 15 November and accept the judgement of the restored Supreme Court on whether his October re-election to the presidency was legal; and
• permit formation of a neutral caretaker government, in consultation with all parties, to oversee the polls and reconstitution of the Election Commission of Pakistan and allow free and fair elections to be held as scheduled, with participation of all political parties and leaders, including those in exile.

To achieve this, the international community should apply graduated sanctions, starting with immediate suspension of military cooperation talks and a review of military aid. If Musharraf does not take off his uniform by 15 November and undo martial law and its effects, tougher sanctions should follow, including suspending non-counter terrorism military aid. If there are no results in 30 days, the military’s foreign assets should be frozen and senior officials and officers refused travel visas. Simultaneously, aid should be expanded for education, poverty reduction, healthcare and relief work, with the money channelled through secular NGOs.

“Extremism and conflict have worsened across the country under Musharraf”, says Robert Templer, Crisis Group’s Asia Program Director. “The time has come to take a principled stand that will benefit the real security, both immediate and long-term, of all who face the threat of extremism in Pakistan and elsewhere.”