National Reconciliation Ordinance
Encyclopedia
The National Reconciliation Ordinance (NRO) was a controversial ordinance issued by the former President of Pakistan
, General Pervez Musharraf
, on October 5, 2007. It granted amnesty
to politicians, political workers and bureaucrats who were accused of corruption
, embezzlement
, money laundering
, murder
, and terrorism
between January 1, 1986, and October 12, 1999, the time between two states of martial law
in Pakistan. It was declared unconstitutional
by the Supreme Court of Pakistan
on December 16, 2009, throwing the country into a political crisis
.
It is widely believed that the act was a measure to allow the former Prime Minister Benazir Bhutto
to return to Pakistan without any legal consequences due to pending politically motivated corruption cases. However, Musharraf had said that it was necessary to build a reconciliatory theme in the political arena with the removal of such politically motivated cases. Musharraf stated in an interview that cases had been in the courts for a decade without any judgment being passed and were hampering political progress of virtually all political parties.
According to Transparency International
, Pakistan is considered one of the most corrupt countries in the world. For the year 2009 it was ranked 42nd out of 180 and had a score of 2.4 on the Corruption Perceptions Index
.
Furthermore some analyst believe ' US, the UK and Saudi Arabia underwrote a public amnesty which would enable popular politicians such as Benazir Bhutto to return to the country and counter the Taliban.'
, suspended this ordinance on October 12, 2007. But he was soon dismissed after Musharraf abrogated the constitution on November 3, 2007. The new Chief Justice, Abdul Hameed Dogar revived the NRO on February 27, 2008.
released the list of the beneficiaries of the National Reconciliation Ordinance on the directives of Prime Minister
Syed Yousuf Raza Gilani
. The total list was 8041 beneficiaries most of which are bureaucrats, along with a handful of politicians. The cases also included some high ranking politicians such as the current President Asif Ali Zardari
and Prime Minister Yousuf Raza Gillani. The NRO was planned to be presented in the National Assembly but later due to the opposition of several major parties was not presented in the Assembly. According to State Minister for Law Afzal Sindhu in a news conference, the ordinance affected 8041 people, including 34 politicians and three ambassadors.
, declared the ordinance null and void. The Supreme Court also said that all the cases disposed of because of the controversial ordinance now stand revived as of Oct 5, 2007, position. The court opined that the NRO "seems to be against national interests thus it violates the provisions of the constitution". Western diplomats subsequently expressed concern that Pakistan could face further instability due to this ruling, especially if Mr Zardari's political opponents try to remove him from office. However, the verdict was widely welcomed in Pakistan.
After this verdict, Pakistan's National Accountability Bureau
asked the Interior Ministry to bar 248 people, including Interior Minister of Pakistan Rehman Malik
, from leaving the country. The following day an arrest warrant was issued against Malik. Defence Minister of Pakistan
Chaudhry Ahmad Mukhtar was stopped from departing the country on a trip to China at Islamabad airport. Writing in the Pakistani newspaper Dawn
, columnist Cyril Almeida stated "It's chaos out there. Nobody knows what's going on. Everyone is trying to work out the ramifications of the court order."
The political crises deepened as the government was paralyzed and the country seemed to slide towards a coup with it being increasingly unclear whether the elected politicians, the judiciary or somebody else was running the country. The extent of the crises led to speculation whether the Army had any role to play in this. The situation was described as a 'creeping coup'. Asma Jahangir
chairperson of Human Rights Commission of Pakistan
was quoted as saying 'It's complete (judicial) control now, the issue is whether the (democratic) system is going to pack up again.' In an editorial in Dawn
she criticized the judiciary and called the judgement a 'witchhunt'. She also remarked 'long-term effects of the judgment could also be counter-productive; perpetrators are often viewed as victims if justice is not applied in an even-handed manner and if administered in undue haste with overwhelming zeal.'
The scene is still seems to be vague. In an hearing of NRO Case, the supreme court was told that government was looking for a lawyer upon which it could trust to run the government's side while chief justice of Pakistan has asked the government to adopt all necessary measures otherwise the Prime Minister of Pakistan has to appear and proceed the case himself.
Other than these there are hundreds of political as well as non-political persons who have benefited from this ordinance. The National Accountability Bureau
(NAB) presented a list of 248 politicians and bureaucrats to the government, whose cases were cleared by NAB due to NRO.
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
, General Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
, on October 5, 2007. It granted amnesty
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
to politicians, political workers and bureaucrats who were accused of corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
, embezzlement
Embezzlement
Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted....
, money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
, murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, and terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
between January 1, 1986, and October 12, 1999, the time between two states of martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
in Pakistan. It was declared unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
by the Supreme Court of Pakistan
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
on December 16, 2009, throwing the country into a political crisis
Crisis
A crisis is any event that is, or expected to lead to, an unstable and dangerous situation affecting an individual, group, community or whole society...
.
Background
The ordinance aimed at "promoting national reconciliation, fostering mutual trust and confidence amongst holders of public office and removing the vestiges of political vendetta and victimization, and to make the election process more transparent". The NRO states:It is widely believed that the act was a measure to allow the former Prime Minister Benazir Bhutto
Benazir Bhutto
Benazir Bhutto was a democratic socialist who served as the 11th Prime Minister of Pakistan in two non-consecutive terms from 1988 until 1990 and 1993 until 1996....
to return to Pakistan without any legal consequences due to pending politically motivated corruption cases. However, Musharraf had said that it was necessary to build a reconciliatory theme in the political arena with the removal of such politically motivated cases. Musharraf stated in an interview that cases had been in the courts for a decade without any judgment being passed and were hampering political progress of virtually all political parties.
According to Transparency International
Transparency International
Transparency International is a non-governmental organization that monitors and publicizes corporate and political corruption in international development. It publishes an annual Corruption Perceptions Index, a comparative listing of corruption worldwide...
, Pakistan is considered one of the most corrupt countries in the world. For the year 2009 it was ranked 42nd out of 180 and had a score of 2.4 on the Corruption Perceptions Index
Corruption Perceptions Index
Since 1995, Transparency International publishes the Corruption Perceptions Index annually ranking countries "by their perceived levels of corruption, as determined by expert assessments and opinion surveys." The CPI generally defines corruption as "the misuse of public power for private...
.
Furthermore some analyst believe ' US, the UK and Saudi Arabia underwrote a public amnesty which would enable popular politicians such as Benazir Bhutto to return to the country and counter the Taliban.'
Subsequent developments
The current Chief Justice of Pakistan, Iftikhar Muhammad ChaudhryIftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...
, suspended this ordinance on October 12, 2007. But he was soon dismissed after Musharraf abrogated the constitution on November 3, 2007. The new Chief Justice, Abdul Hameed Dogar revived the NRO on February 27, 2008.
Release of list of NRO beneficiaries
In November 2009, Government of PakistanGovernment of Pakistan
The Government of Pakistan is a federal parliamentary system, with an indirectly-elected President as the Head of State and Commander in Chief of the Pakistani Armed Forces, and an indirectly-elected Prime Minister as the Head of Government. The President’s appointment and term are...
released the list of the beneficiaries of the National Reconciliation Ordinance on the directives of Prime Minister
Prime Minister of Pakistan
The Prime Minister of Pakistan , is the Head of Government of Pakistan who is designated to exercise as the country's Chief Executive. By the Constitution of Pakistan, Pakistan has the parliamentary democratic system of government...
Syed Yousuf Raza Gilani
Yousaf Raza Gillani
Yousuf Raza Gilani is the current prime minister of Islamic Republic of Pakistan. He was nominated as Prime Minister by the PPP, with the support of its coalition partners, Pakistan Muslim League , Awami National Party, Jamiat Ulema-e-Islam and Muttahida Qaumi Movement, on 22 March 2008...
. The total list was 8041 beneficiaries most of which are bureaucrats, along with a handful of politicians. The cases also included some high ranking politicians such as the current President Asif Ali Zardari
Asif Ali Zardari
Asif Ali Zardari is the 11th and current President of Pakistan and the Co-Chairman of the ruling Pakistan Peoples Party . He is also the widower of Benazir Bhutto, who served two nonconsecutive terms as Prime Minister....
and Prime Minister Yousuf Raza Gillani. The NRO was planned to be presented in the National Assembly but later due to the opposition of several major parties was not presented in the Assembly. According to State Minister for Law Afzal Sindhu in a news conference, the ordinance affected 8041 people, including 34 politicians and three ambassadors.
Dissolution of NRO by Supreme Court
On December 16, 2009, the Supreme Court of Pakistan declared NRO unconstitutional. A 17-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad ChaudhryIftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...
, declared the ordinance null and void. The Supreme Court also said that all the cases disposed of because of the controversial ordinance now stand revived as of Oct 5, 2007, position. The court opined that the NRO "seems to be against national interests thus it violates the provisions of the constitution". Western diplomats subsequently expressed concern that Pakistan could face further instability due to this ruling, especially if Mr Zardari's political opponents try to remove him from office. However, the verdict was widely welcomed in Pakistan.
After this verdict, Pakistan's National Accountability Bureau
National Accountability Bureau
The National Accountability Bureau is a federal executive agency of the Government of Pakistan, responsible and mandated for dealing with anti-corruption scandals, and also tasked with the gathering and managing the economic intelligence, and making efforts against the economic terrorism...
asked the Interior Ministry to bar 248 people, including Interior Minister of Pakistan Rehman Malik
Rehman Malik
27 April 2009 He has been the interior adviser since 27 March 2008.Senator A. Rehman Malik is a Pakistani politician, member of the Senate of Pakistan, and the current Interior Minister of Pakistan under the Prime Minister Yousuf Raza Gilani administration. His Second name is Shetan Malik and he...
, from leaving the country. The following day an arrest warrant was issued against Malik. Defence Minister of Pakistan
Defence Minister of Pakistan
The Defence Minister of Pakistan heads the Ministry of Defence, under which serve the three armed forces of the country, Pakistan Army, Pakistan Air Force, and Pakistan Navy...
Chaudhry Ahmad Mukhtar was stopped from departing the country on a trip to China at Islamabad airport. Writing in the Pakistani newspaper Dawn
Dawn (newspaper)
Dawn is Pakistan's oldest and most widely read English-language newspaper. One of the country's two largest English-language dailies, it is the flagship of the Dawn Group of Newspapers, published by Pakistan Herald Publications, which also owns the Herald, a magazine, the evening paper The Star and...
, columnist Cyril Almeida stated "It's chaos out there. Nobody knows what's going on. Everyone is trying to work out the ramifications of the court order."
The political crises deepened as the government was paralyzed and the country seemed to slide towards a coup with it being increasingly unclear whether the elected politicians, the judiciary or somebody else was running the country. The extent of the crises led to speculation whether the Army had any role to play in this. The situation was described as a 'creeping coup'. Asma Jahangir
Asma Jahangir
Asma Jilani Jahangir is a leading Pakistani lawyer, advocate of the Supreme Court of Pakistan, President Supreme Court Bar Association of Pakistan and human rights activist, who works both in Pakistan and internationally to prevent the persecution of religious minorities, women, and exploitation...
chairperson of Human Rights Commission of Pakistan
Human Rights Commission of Pakistan
The Human Rights Commission of Pakistan , or HRCP, is an independent, non-profit organization, founded in 1987, which is not associated or affiliated with the government or any political party. It is committed to act with impartiality and objectivity in all matters...
was quoted as saying 'It's complete (judicial) control now, the issue is whether the (democratic) system is going to pack up again.' In an editorial in Dawn
Dawn (newspaper)
Dawn is Pakistan's oldest and most widely read English-language newspaper. One of the country's two largest English-language dailies, it is the flagship of the Dawn Group of Newspapers, published by Pakistan Herald Publications, which also owns the Herald, a magazine, the evening paper The Star and...
she criticized the judiciary and called the judgement a 'witchhunt'. She also remarked 'long-term effects of the judgment could also be counter-productive; perpetrators are often viewed as victims if justice is not applied in an even-handed manner and if administered in undue haste with overwhelming zeal.'
The scene is still seems to be vague. In an hearing of NRO Case, the supreme court was told that government was looking for a lawyer upon which it could trust to run the government's side while chief justice of Pakistan has asked the government to adopt all necessary measures otherwise the Prime Minister of Pakistan has to appear and proceed the case himself.
NRO beneficiaries
Selected NRO beneficiaries include:- Asif Ali ZardariAsif Ali ZardariAsif Ali Zardari is the 11th and current President of Pakistan and the Co-Chairman of the ruling Pakistan Peoples Party . He is also the widower of Benazir Bhutto, who served two nonconsecutive terms as Prime Minister....
- Benazir BhuttoBenazir BhuttoBenazir Bhutto was a democratic socialist who served as the 11th Prime Minister of Pakistan in two non-consecutive terms from 1988 until 1990 and 1993 until 1996....
- Hakim Ali ZardariHakim Ali ZardariHakim Ali Zardari was an industrialist and a landlord from Sindh, Pakistan. He belonged to a Baloch family settled in Sindh. He was the father of current Pakistani President Asif Ali Zardari, and father in law of late Prime Minister Benazir Bhutto. Hakim Ali Zardari was married to Dr...
- Altaf HussainAltaf HussainAltaf Hussain is the founder and leader of the Muttahida Quami Movement . The MQM emerged as the third largest political party in the national assembly of Pakistan during 1988 and 1990 elections. The MQM secured representation in the parliamentary elections held in the northern areas of Pakistan...
(Politician) - Fazal-ur-Rehman (Politician)
- Nisar Khuhro
- Rehman MalikRehman Malik27 April 2009 He has been the interior adviser since 27 March 2008.Senator A. Rehman Malik is a Pakistani politician, member of the Senate of Pakistan, and the current Interior Minister of Pakistan under the Prime Minister Yousuf Raza Gilani administration. His Second name is Shetan Malik and he...
- Hussain Haqqani
- Aftab Ahmad Sherpao
- Nawaz Khokhar
- Chaudhry Ahmed MukhtarChaudhry Ahmed MukhtarChaudhry Ahmad Mukhtar is the current Defence Minister of Pakistan in the PM Yousaf Raza Gillani-led cabinet. He is a central leader of the Pakistan Peoples Party from Gujrat District...
- Jehangir Badar
- Salman Farooqi
- Siraj Shamsuddin
- Syed Muhammad Ali Shah
- Brigadier ImtiazBrigadier ImtiazBrigadier Imtiaz Ahmed is a retired one-star general of the Pakistan Army who served as a former director-general of Intelligence Bureau between 1990–1993. As a one-star general, Brigadier Imatiaz Ahmad had served as a former senior intelligence operative in the Inter-Services Intelligence...
- Ishrat-ul-Ebad
- Farooq SattarFarooq SattarFarooq Sattar Pirwani is a politician from Karachi, Sindh, Pakistan. Farooq Sattar is Deputy Convener and Parliamentary leader of the Muttahida Qaumi Movement , a political party in Pakistan. He has also served as Provincial Minister in the Sindh Cabinet for Local Bodies and is one of the senior...
- Saleem Shahzad
- Babar Ghouri
- Several Bureaucrats
Other than these there are hundreds of political as well as non-political persons who have benefited from this ordinance. The National Accountability Bureau
National Accountability Bureau
The National Accountability Bureau is a federal executive agency of the Government of Pakistan, responsible and mandated for dealing with anti-corruption scandals, and also tasked with the gathering and managing the economic intelligence, and making efforts against the economic terrorism...
(NAB) presented a list of 248 politicians and bureaucrats to the government, whose cases were cleared by NAB due to NRO.
See also
- Ministry of InteriorMinistry of Interior (Pakistan)The Ministry of the Interior is Pakistan's ministry of the interior. Its head office is in Islamabad.The Interior Minister of Pakistan heads the Ministry of Interior. He serves in the cabinet of the Prime Minister. The Minister is required to be a member of Parliament...
- Exit Control ListExit Control ListThe Exit Control List is maintained by the government of Pakistan under the Exit from Pakistan Ordinance. Those persons on the list are prohibited from leaving Pakistan....
- National Accountability BureauNational Accountability BureauThe National Accountability Bureau is a federal executive agency of the Government of Pakistan, responsible and mandated for dealing with anti-corruption scandals, and also tasked with the gathering and managing the economic intelligence, and making efforts against the economic terrorism...