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FM Bilawal calls on UNSC to implement Kashmir resolutions

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  • Bilawal stresses on UNSC to implement resolutions on Kashmir dispute. 
  • Says Kashmir issue so far remained unaddressed on UNSC agenda.
  • Says Kashmir is multinational agenda of UNSC.

NEW YORK: Foreign Minister Bilawal Bhutto-Zardari stressed upon the United Nations Security Council to implement its resolutions over the Kashmir issue and deliver upon its commitment to peace in the region and “prove that multilateralism can succeed”.

Speaking on “Reformed Multilateralism” in the Security Council, the foreign minister said that there was an agenda item left unaddressed by the UNSC — the issue of Kashmir.

“We believe it a multinational agenda — an agenda of this UNSC — and if you want to see the success of the multilateral institution or multilateralism and the success of this very Council, surely you can aid in this process; allow the implementation of the resolutions of the UNSC, when it comes to the question of Kashmir, prove the multilateralism can succeed, prove that the UNSC can succeed and deliver peace in the region,” he added.

He said that Pakistan believed that further democratisation of UN, UNSC and General Assembly would empower this institution and provide it with the moral authority to act. “It would serve the institution to further democratize and to allow the sovereign quality of all and not the superiority of some.”

“It does not serve the purposes of the UN to add more members to its elitist club and to expand the tyrannical power of veto,” he said.

The foreign minister said the Security Council has primary responsibility for the maintenance of international peace and security.

Multilateral solutions, under the umbrella of the Security Council, offer the most effective approach to promoting peace and resolving conflicts, he added.

“Parties to a dispute cannot advocate multilateral processes one day and insist on “bilateral” avenues the day after. Pakistan firmly believes that the major security problems, including those in our region, can be effectively and peacefully resolved through the active involvement of the Security Council and the secretary-general,” he added.

Pakistan’s foreign minister further said that “multilateralism” must be based on universal and consistent adherence to the fundamental principles of the UN Charter — self-determination of peoples, non-use or threat of force, non-acquisition of territory by the use of force, respect for the sovereignty and territorial integrity of States and non-interference in their internal affairs.

Strict adherence to the charter’s principles has become all the more essential in the context of recent and ongoing conflicts.

The council must seek to resolve conflicts and disputes, not merely “manage” them, he said. It should address the underlying causes of conflict, such as foreign occupation and suppression of the recognised right of peoples of self-determination, he said.

And, in accordance with their obligation under Article 25 of the charter, the member states must implement the decisions of the Security Council, he noted.

The Security Council, the foreign minister said, must act, not only after a conflict has erupted. It must act pre-emptively to prevent and avert conflicts before they occur.

The Security Council should, he said, no doubt, reflect “contemporary global realities”.

The most significant change in global realities is the emergence of a UN membership now composed by 193 mostly small and medium-sized states, Bilawal added.

The foreign minister underlined that they needed to be equitably represented through the expansion of the Security Council.

Adding new “permanent members” would numerically reduce the opportunities for the vast majority of UN member states to be represented on the Security Council, he said, adding, “We must adhere to the principle of sovereign equality of all-not the superiority of some.”

In the past, the Security Council has been unable to act due to differences among its permanent members and adding new permanent members would multiply the possibility of paralysis in the Security Council, the foreign minister pointed out.

“The problem cannot be the solution. And, surely, states that have a record of not implementing the resolutions of the Security Council cannot be considered as worthy of consideration for any form of Council membership,” he added.

He said that multilateralism offers many benefits. The benefits of multilateralism were very evident, he said.

Foreign Minister Bilawal further said that in this complex world, confronted by multiple threats and challenges, inclusive multilateral processes, within the framework of the United Nations, offered the most promising prospect for promoting peace and security, economic and social development and effective responses to the several interlocking global challenges.

He said that it was therefore vital to empower and efficiently utilize all the main organs of the United Nations: the General Assembly, the Security Council, the Economic and Social Council, the Human Rights Council, the International Court of Justice and the Secretary-General and Secretariat of the United Nations.

“We must also induct equality and democracy in the structures of global financial and economic governance, especially the Bretton Woods institutions. The UN General Assembly — the most universal global forum — must play the central role in reinforcing multilateralism and enhancing equity and justice in international relations,” he stressed.

The world’s attention should also be redirected away from narrow, national ambitions, Bilawal said. Instead, the world should address collectively and multilaterally, first and foremost, the existential threats that they face as a race — whether it be the Covid-19 pandemic, climate change, the nuclear threat, or terrorism, he asserted.

“The increasing propensity for narrow-minded populism, authoritarianism, we must confront the rise of the ideologies of hate, xenophobia, populist extremism and racial and religious intolerance, including Islamophobia, which imposes discrimination and violence, and even threats of genocide, against vulnerable minorities in certain countries,” he observed.

The foreign minister said that their endeavours to promote world order, peace and stability would come to nought unless they could realise the charter’s second objective: universal socio-economic development.

As a result of the COVID-19 pandemic, raging conflicts and the more frequent and ferocious impacts of climate change, nearly a hundred developing countries were in extreme economic distress, he added.

The foreign minister said that in their capacity as G77 Chair to continue to pursue an extensive agenda of multilateralism.

They witnessed a victory for the developing world during Pakistan’s chairmanship of the Group of 77 and China’s presidency of COP27 in Egypt, he said. “We saw a victory for the climate justice with the addition of loss and damage funding facility,” he added.

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Supreme Court annuls trials of civilians in military courts

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In a unanimous verdict, a five-member bench of the Supreme Court on Monday declared civilians’ trials in military courts null and void as it admitted the petitions challenging the trial of civilians involved in the May 9 riots triggered by the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in a corruption case.

The five-member apex court bench — headed by Justice Ijaz Ul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik — heard the petitions filed by the PTI chief and others on Monday.

The larger bench in its short verdict ordered that 102 accused arrested under the Army Act be tried in the criminal court and ruled that the trial of any civilian if held in military court has been declared null and void.  

The apex court had reserved the verdict earlier today after Attorney General of Pakistan (AGP) Mansoor Usman Awan completed his arguments centred around the domain and scope of the military courts to try the civilians under the Army Act. 

At the outset of the hearing today, petitioner lawyer Salman Akram Raja told the bench that trials of civilians already commenced before the top court’s verdict in the matter.

Responding to this, Justice Ahsan said the method of conducting proceedings of the case would be settled after Attorney General of Pakistan (AGP) Mansoor Usman Awan completed his arguments.

Presenting his arguments, the AGP said he would explain to the court why a constitutional amendment was necessary to form military courts in 2015 to try the terrorists.

Responding to Justice Ahsan’s query, AGP Awan said the accused who were tried in military courts were local as well as foreign nationals.

He said the accused would be tried under Section 2 (1) (D) of the Official Secrets Act and a trial under the Army Act would fulfill all the requirements of a criminal case.

“The trial of the May 9 accused will be held in line with the procedure of a criminal court,” the AGP said.

The AGP said the 21st Amendment was passed because the terrorists did not fall in the ambit of the Army Act.

“Amendment was necessary for the trial of terrorists [then] why amendment not required for the civilians? At the time of the 21st constitutional amendment, did the accused attack the army or installations?” inquired Justice Ahsan.

AGP Awan replied that the 21st Amendment included a provision to try accused involved in attacking restricted areas.

“How do civilians come under the ambit of the Army Act?” Justice Ahsan asked the AGP.

Justice Malik asked AGP Awan to explain what does Article 8 of the Constitution say. “According to Article 8, legislation against fundamental rights cannot be sustained,” the AGP responded.

Justice Malik observed that the Army Act was enacted to establish discipline in the forces. “How can the law of discipline in the armed forces be applied to civilians?” she inquired.

The AGP responded by saying that discipline of the forces is an internal matter while obstructing armed forces from discharging duties is a separate issue.

He said any person facing the charges under the Army Act can be tried in military courts.

“The laws you [AGP] are referring to are related to army discipline,” Justice Ahsan said.

Justice Malik inquired whether the provision of fundamental rights be left to the will of Parliament.

“The Constitution ensures the provision of fundamental rights at all costs,” she added.

If the court opened this door then even a traffic signal violator will be deprived of his fundamental rights, Justice Malik said.

The AGP told the bench that court-martial is not an established court under Article 175 of the Constitution.

At which, Justice Ahsan said court martials are not under Article 175 but are courts established under the Constitution and Law.

After hearing the arguments, the bench reserved the verdict on the petitions.

A day earlier, the federal government informed the apex court that the military trials of civilians had already commenced.

After concluding the hearing, Justice Ahsan hinted at issuing a short order on the petitions. 

The government told the court about the development related to trials in the military court in a miscellaneous application following orders of the top court on August 3, highlighting that at least 102 people were taken into custody due to their involvement in the attacks on military installations and establishments. 

Suspects express confidence in mly courts

The same day, expressing their “faith and confidence” in military authorities, nine of the May 9 suspects — who are currently in army’s custody — moved the Supreme Court, seeking an order for their trial in the military court be proceeded and concluded expeditiously to “meet the ends of justice”.

Nine out of more than 100 suspects, who were in the army’s custody, filed their petitions in the apex court via an advocate-on-record.

The May 9 riots were triggered almost across the country after former prime minister Imran Khan’s — who was removed from office via a vote of no confidence in April last year — arrest in the £190 million settlement case. Hundreds of PTI workers and senior leaders were put behind bars for their involvement in violence and attacks on military installations.

Last hearing

In response to the move by the then-government and military to try the May 9 protestors in military courts, PTI Chairman Imran Khan, former chief justice Jawwad S Khawaja, lawyer Aitzaz Ahsan, and five civil society members, including Pakistan Institute of Labour Education and Research (Piler) Executive Director Karamat Ali, requested the apex court to declare the military trials “unconstitutional”.

The initial hearings were marred by objections on the bench formation and recusals by the judges. Eventually, the six-member bench heard the petitions.

However, in the last hearing on August 3, the then-chief justice Umar Ata Bandial said the apex court would stop the country’s army from resorting to any unconstitutional moves while hearing the pleas challenging the trial of civilians in military courts.

A six-member bench, led by the CJP and comprising Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik, heard the case.

In the last hearing, the case was adjourned indefinitely after the Attorney General for Pakistan (AGP) Mansoor Usman Awan assured the then CJP that the military trials would not proceed without informing the apex court.

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Pakistan

Sea conditions ‘very high’ as Cyclone Tej moves towards northwestward

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An Extremely Severe Cyclonic Storm (ESCS) named “Tej”, which has been brewing in the southwest Arabian Sea for the past few days, has continued to move northwestward toward the Arabian Peninsula’s coast.

According to the Pakistan Meteorological Department (PMD), over the past 12 hours, Cyclone Tej has been moving in a northwestward direction and is now “centred around latitude 14.4 N & longitude 53.2 °E”.

The update, which was issued today (Monday) at 10:00am (PST), also revealed that the brewing cyclone is situated “about 300km southwest of Salalah (Oman), 220km southeast of Al Ghaydah (Yemen) and 1520km southwest of Gwadar (Pakistan)”.

Additionally, the cyclone’s maximum sustained surface winds are between 150-160km/h, with gusts reaching 180km/h.

Moreover, sea conditions are currently very high, with maximum wave heights of 35ft around the system centre, according to the Met Office.

The system is expected to continue moving in a northwest direction and is likely to cross the Yemen coast, near Al Ghaydah by midnight as a very severe cyclonic storm (VSCS) with winds packing speeds of 120-130km/h and gusts reaching 150km/h.

However, it is important to note that there will be no impact on any of Pakistan’s coastal areas from this system.

According to PMD’s Daily Forecast, the weather is expected to remain dry for the next few days in most districts of Sindh, one of the coastal provinces of Pakistan.

Meanwhile, strong winds and thundershowers are likely to occur in and around some parts of Balochistan today, but dry weather is expected for the next few days.

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PCB ‘dismisses’ objections over players support for Palestinians

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LAHORE: Pakistan’s cricket team, which is currently busy participating in the ICC Men’s T20 Cricket World Cup, has shown their firm support and shared their prayers for all Palestinians suffering at the hands of Israel.

However, there have been many questions raised by Indian fans and cricket experts on the players’ constant support for Palestine asking ICC — the governing body of the game — whether such moves were allowed in the tournament.

According to sources, the Pakistan Cricket Board (PCB) rejected the objections over players’ conduct saying: “The team’s expression of solidarity was a personal decision.”

Pakistan’s national team on Wednesday, posted a picture of the Palestinian flag on their individual X, formerly known as Twitter, accounts to show that they stand in solidarity with Palestine and that they are praying for the people suffering there including children.

Prior to this Pakistan’s wicket-keeper batsman, Mohammad Rizwan, dedicated the team’s victory over Sri Lanka to his “brothers and sisters in Gaza”.

Meanwhile, Indian fans and cricket experts used the team’s support for Palestine to create controversies, claiming that the national team had violated ICC rules.

Sources from PCB added that the team is “allowed to express whatever they wanted to,” and that the players “did not violate any code of conduct by the ICC or PCB”.

The Health Ministry in Gaza reports that at least 3,061 Palestinians have died and over 13,750 more have been injured as a result of Israel’s shelling.

Pakistan has categorically condemned the Israeli atrocities and called for an immediate cessation of the bombardment, which has not even spared hospitals or schools, in solidarity with its Palestinian brothers and sisters.

Even Pakistani cricket legends who are not participating in the team anymore showed their support for Palestine.

Moreover, Pakistan is set to face Australia tomorrow (Friday) in M Chinnaswamy Stadium, Bengaluru after a few days of rest.

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