z:\ ambedkar\vol 08\vol8 05.indd MK SJ+YS 28 9 2013/YS 13 11 2013 383
PAKISTAN : THE PROBLEMS OF PAKISTAN
383
open for an indefinite period the option to migrate at Government cost. There is nothing unfair in telling a person that if he wants to take advantage of the provisions of the scheme of State-aided migration contained in the foregoing articles, he must exercise his option to migrate within a stated period and that if he decides to migrate after the period has elapsed he will be free to migrate but it will have to be at his own cost and without the aid of the State. There is no inequity in thus limiting the right to State-aid. State-aid becomes a necessary part of the scheme because the migration is a resultant consequence of political changes over which individual citizens have no control. But migration may not be the result of political change. It may be for other causes, and when it is for other causes, aid to the emigrant cannot be an obligation on the State. The only way to determine whether migration is for political reasons or for private reasons is to relate it to a definite point of time. When it takes place within a defined period from the happening of a political change it may be presumed to be political. When it occurs after the period it may be presumed to be for private reasons. There is nothing unjust in this. The same rule of presumption governs the cases of civil servants who, when a political change takes place, are allowed to retire on proportionate pensions if they retire within a given period but not if they retire after it has lapsed.
If the policy in these matters is as I suggest it should be, it may be given effect to by the inclusion of the following articles in the treaty:
“The right to voluntary emigration may be exercised under this treaty by any person belonging to an ethnic minority who is over 18 years of age.
“A declaration made before the Commission shall be sufficient evidence of intention to exercise the right.
“The choice of the husband shall carry with it that of the wife, the option of parents or guardians that of their children or wards aged less than 18 years.
“The right to the benefit provided by this treaty shall lapse if the option to migrate is not exercised within a period of 5 years from the date of signing the treaty.
“The duties of the Commission shall be terminated within six months after the expiration of the period of five years from the date when the Commission starts to function.”