| January 20, 2002 | Sunday | Ziqa’ad 5, 1422 |
To send a letter to the Editor
Click here
Time to normalize relations
Joint electorates
Property tax
SSC exam date
Islamabad secretariat fire
Height of injustice
Promotion of fundamentalism
Indifference
Ban on statements
Doers and achievers
Loudspeakers
Security Exchange Commission
Dawn’s editorial, ‘Illegal combatants’, (Jan 15) deserves immediate attention of the governments of the anti-terrorist coalition members, the United Nations and the human rights activists all over the world.
The detainees are in the custody of the US government which must treat them in accordance with the provisions of the Geneva Convention. But the US Defence Secretary, Mr Rumsfeld, has declared that the detainees are illegal combatants and the provisions of Geneva Convention do not apply to them. It can be said with certainty that his opinion is not correct and runs counter to the clear provision regarding the status of the detainees.
Article 4(1) of the Geneva Convention, 1949, clearly lays down that the prisoners of war in the sense of the present Convention include ‘members of the armed forces of a party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces’. Here, the detainees are mostly Al Qaeda volunteers who were engaged in armed conflict along with the Taliban forces and, hence, the definition of prisoners of war applies to them.
The Convention contains a comprehensive list of the rights they are entitled to. Any violation of these rights constitutes a breach of the Convention.
Article 5 of the Convention further lays down that ‘should any doubt arise as to whether persons having committed a belligerent act and having fallen into the hands of the enemy, to belong to the categories in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal’.
Doubt about their status already exists and a tribunal must be constituted to determine the status of the detainees. In view of this provision the detaining power has no authority to downgrade their status according to its whims and caprices.
There are very important legal ramifications of the matter. If the detainees are illegal combatants, then what law will apply to them— American, Afghan, or some other law? The detaining power must come forward with a definite and convincing explanation. Even if the new law providing for trial by military tribunals is used, the detainees still have certain rights and the newly prescribed procedure must be adhered to. This provision does not abolish the rights of the prisoners giving the detaining power, the license to treat them against the accepted principles of domestic and international laws and the fundamental tenets of natural justice.
I would stress that, whatever the mistakes of the Taliban, international law and conventions relating to war should have been and must in future be applied to them. Much has been done by the coalition and the forces operating under it, which is wrong. Bombing the prisoner of war camps (as it happened in Qala-i-Jangi), leaving the dead unburied and letting the bodies rot, keeping them hungry and thirsty, and to chain them unnecessarily and subject them to humiliation. All this is in gross violation of the Geneva Convention as well as the norms of civilized behaviour.
It is essential that a commission should be constituted by the UN Security Council to investigate the violations of law. Military action to combat terrorism was sanctioned by the Security Council and it owes the responsibility to see whether it was conducted the way it should have been.
PROFESSOR MUKHTAR ALI NAQVI
Orlando, USA
Dawn’s editorial on prisoners from Afghanistan held by the US laments their treatment as not conforming to the Geneva Convention. Unfortunately those laudable rules did not foresee irregular combatants willing to blow themselves up and take their captors with them as we saw in Mazar-e-Sharif. The Geneva Convention did not foresee war by such people on innocent civilians around the world.
It is clear the prisoners’ cohorts who are still at large are planning more acts of horror and savagery against civilians, perhaps with weapons of mass destruction.
The U.S. is in fact acting with restraint under such provocations. The alleged ill treatment of prisoners by US military forces is overblown; the sedation of prisoners your editorial described was to dull the pain of a single injured prisoner. I expect they will feel lucky to be in US hands. Just think of how the Geneva Convention will apply to their colleagues now in Afghan hands.
D.K. ROY
New York, USA
I heave a sigh of relief that the threat of another war is receding. Western “influence” not common sense of those in power, brought this about. This reality should make every self-respecting Indian and Pakistani, feel ashamed. “These fellows killing each other” is another business opportunity that Western merchants of death exploit routinely. Mr Blair’s persuasion to India to buy 60 AJT aircraft, valued at a billion British pounds, or America’s offer to sell Phalcon, AWACS, and other armaments of colossal value are recent examples. In India, the war threat suffered a credibility problem, thanks to the state assembly elections due in February. The BJP led or partnered ruling coalitions being voted back to power are far from bright in the UP and Punjab. Rigging up war hysteria is a good straw to hang on at this time for the political rag-tag alliances in India and for the time-frozen, hard core religion dominated “jihadi” groups in Pakistan. Even if it means soft pedalling the fact that Pakistan has put in place unprecedented, concerted, well coordinated action plans to curb terrorism including its export.
I admire Gen Musharraf’s courage to stay on in power rather than throw in the towel at this dangerous juncture. No leader in either country since inception, has had to take on the kind of mind-boggling, explosive, challenging situation that he is leading his country through.
With a per capita foreign debt of $350, three times that in India, Pakistan must be insane to fight a war with India. To itch to fight a war with Pakistan, India must be equally insane because its fiscal deficit this year, estimated at Rs 140.000 crores, will virtually equal all the taxes it collects this year! India has to borrow almost the entire money it needs to meet its salary bill. The picture prevailing in the states is no better.
Meanwhile, in the past decade, India has added 160 million and Pakistan about 30 million to their already explosive population handicap while employment and occupation opportunities have stagnated or even declined in both countries. There are more desperate young people available to be hired as contract killers by the crime and underworld mafia that rule the roost in both countries.
If the two countries fail to stem the rot at least now in a spirit of statesmanship, when Pakistan, in Gen Musharraf has its man of destiny, and settle for long term normalization of relations, such an opportunity may not come again for several generations to come.
N. NARASIMHAN
Bangalore, India
THE President of Pakistan deserves congratulations for resuming “Joint Electorates” and restoring equal citizenship to the minorities as envisaged by the late Quaid-i-Azam and the founders of Pakistan.
This right had been cruelly snatched from all members of the minority communities.
As a “minority” citizen, I hope this right will be enshrined so that it can never be taken away again.
DR R.B. KHAMBATTA
Karachi
THIS is with reference to the report on the unprecedently high increase in property tax (Jan 1).
I sincerely hope that the government does take corrective measures because it is going to affect many people in a highly adverse manner. My only source of income is the rent I receive from my property.
The property tax during the period 1993 to 1998 was about Rs 1960 per annum.
It has now been increased to Rs 47,005, including other charges, which is a jump of 2400 per cent. This is an unprecedented increase by any standards. It is high time that the property owners form an association to take care of their interests.
In the meantime I hope the authorities concerned will rectify the situation.
NAIMA
Karachi
THE last Haj flight, carrying the pilgrims back to home is expected to arrive after mid-March. Almost 4,500 candidates of the forthcoming SSC examinations, besides their parents, are going for Haj. The students proceeding for Haj would miss their exams and their endeavours of a year would be lost. Others who are not going but whose parents would not be here, would be deprived of parental support during exams.
It is, therefore, requested that the date of the SSC Examinations be shifted to another date, a week after the arrival of the last flight.
AFFECTED STUDENTS & PARENTS
Karachi
INTERIOR Minister Moinuddin Haider stated the obvious when he said that the fire which gutted the 16-story Shaheed-i-Millat federal secretariat complex on Jan 15th evening should serve as a lesson for us (editorial, Jan 17).
The very first thing I had done on assumption of command of a unit was to review the fire safety and security measures and invariably had to revamp the available appliances forthwith and thoughtfully go over the drills. Also on assuming the charge as Deputy Director Administration DHA in June 1995, I got smoke detection alarm installed in the record room and periodically checked their servicability.
All this paid off. One fine morning in June 1978, fire erupted during start-up of a bridging vehicle, which rapidly engulfed two more on its either side. The men at work extinguished the fire promptly and saved from gutting nearly 275 expensive vehicles lined up in the park, the fuel dump, bridging equipment and perhaps part of Risalpur cantonment. No major damage was done.
It is learnt that fire fighting arrangements were made in the ill-fated 16-story building of the Shaheed-i-Millat Secretariat at Islamabad only recently. In that event, why could not the team of 20 fire-fighters on 15th floor stop the fire from spreading and the whole lot of them watched on as the fire engulfed the building floor after floor resulting in colossal loss? Speculations started and some jumped to premature conclusions.
We are traditionally averse to drawing lessons and setting good precedent. Nevertheless, Moinuddin Haider must sack the official for jumping to conclusion, in a serious matter that bears resemblance to the attack on the Indian parliament on 13th December 2001, without even going into the preliminary investigations.
The destruction of 16-storey Secretariat by burning is a very grave matter. It would be befitting for the minister to tender his resignation.
In order to guard other sensitive installations from fire and like hazards, we need to set our drill in order.
LT COL (R) SYED AHMED
Karachi
GOVERNMENT pensioners who got their pension commuted before the promulgation of Revised Pension Rules 2001 were given an understanding that their surrendered amount of pension (40-50%) shall be restored after they have fully paid back that amount by monthly deductions from their pension.
But now all of a sudden this restoration has been withdrawn under the revised rules, me