The National Assembly of Pakistan, by passing the “National Command Authority (NCA) bill 2009”, has given the nuclear weapons command and authority over the strategic assets to the Prime Minister who will be the new chairman of the authority. Prior to the passing of NCA Bill 2009, the President of Pakistan was the Chairman of the National Command Authority, which is the organization responsible for policy formulation, security and development of strategic assets. President Asif Ali Zardari, in November 2009, made an announcement regarding relinquishing his powers as the Chairman of NCA. After that, the National Assembly legislated on the issue within two months, which shows the seriousness of incumbent government to empower the parliament and the Prime minister. The NCA bill provides for the establishment of a National Command Authority to be chaired by the Prime Minister. Its members would include ministers for Foreign Affairs, Defense, Finance and Interior, Chairman Joint Chiefs of Staff Committee (CJCSC), Chief of Army staff, Chief of Air staff, Chief of Naval Staff and Director General Strategic Plans Division. According to the Bill passed by the National Assembly with certain amendments, there will be a National Command Authority for complete command and control over research, development, production and use of nuclear and space technologies, and to provide for the safety and security of all personnel, facilities, information, installations or organizations. The chairman of Authority shall be the Prime Minister of Pakistan, while the director general strategic plans division shall act as the secretary of the Authority. All the powers and functions of the authority shall vest in the chairman, who can delegate all or any of his powers and functions to the Chairman Joint Chiefs of Staff Committee or DG Strategic Plans Division, if the need arises. The authority shall exercise complete command and control over all the nuclear and space related technologies, systems and matters. It will have the powers to create classification amongst the employees based on sensitivity of the functions, nature of assignment, security considerations and in the interest of Pakistan. The Authority will ensure safety and security of nuclear establishments, materials, strategic establishments, and all the information in this regard. There will be a secretariat of NCA namely “Strategic Plans Division”, headed by a Director General, who will be a serving Lt-Gen of Pakistan Army, appointed by the NCA Chairman in consultation with the Chairman Joint Chiefs of Staff Committee. Opposition members in the National Assembly strongly resisted to this clause saying NCA Chairman should not only consider serving Lt-Gen, but the officers of other services and Atomic Energy Commission should also be considered for the post of DG Strategic Plans Division. According to another amendment incorporated by the government, a provision has been made for constitution of a standing committee from amongst NCA’s members in case suspicions arise regarding proliferation of nuclear weapons. The government rejected the amendment presented by opposition in which it was proposed that the NCA should report to the parliament on yearly basis regarding safety and security of nuclear assets. According to the Bill, the Authority, the Chairman, members and the employees could not be subjected to any suit, prosecution or other legal proceedings in respect of anything, which is done in good faith or intended to be done under this Act. All officers, employees, advisors or consultants shall execute declaration of fidelity and secrecy. Whosoever commits, attempts, abets or continues the breach of national security, shall deem to have committed an offence and shall be liable to punishment of imprisonment, which may extend to a period of up to twenty-five years. No order made or proceeding taken under this Act by the competent authority or any officer shall be called in question in any court or administrative tribunal. The statement of Objects and Reasons of the National Command Authority states “NCA has been conferred with a wide mandate in respect of all issues relating Nuclear and Space technologies. It is necessary that the organizations that are working in strategic areas should be formally linked, controlled and managed by the National Command Authority in larger national interest to ensure uniformity, confidentiality, security and strategic efficiency. In recognition of highly sensitive and classified areas of work falling within the domain of the Authority, it is necessary in national interest to confer certain special powers to the Authority. Also being mindful of Pakistan as a responsible state and considering the obligations under the international laws particularly under UN security council resolution 1540, it is in order to re-demonstrate the resolve of the Government of Pakistan to continue to exercise full and complete control, safety and security over all matters concerning nuclear and space technologies, nuclear establishments, systems, materials, relevant personnel and related information. |