| July 3, 2002 | Wednesday | Rabi-us-Sani 21,1423 |
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‘Champions’ of democracy
‘Peace’ by Bush
Self-determination reaffirmed
Confederation and federation
Delayed results
Constitutional amendments
Foreign doctorates
A question
National institutions
Naming high courts
Tourism
The verdict on Riba
SOME recent media reports suggest that the Indians are trying to create their own Guantanamo Bay by copying the Americans in a most sinister manner. According to these reports, the Indians have at least on two occasions airlifted approximately two hundred prisoners from the custody of Northern Alliance commanders. These prisoners are mostly Afghan but include individuals from other nationalities viz Pakistan, Iran, Turkey, Sudan, etc.
The transfer of these prisoners has taken place in a clandestine and secretive manner, which implies that their lives now precariously dangle on the whims of their Indian captors. Already recurring incidents are there to suggest that these prisoners are being used as gunfodder in a propaganda offensive and their bodies used as evidence to substantiate Indian claims for cross-border terrorism.
Recently, the Indians showed the bodies of two Arab looking persons in Drass Sector to make a propaganda statement that the Al Qaeda operators were operating in held Kashmir. Incredulous as these claims are but what is even more amazing is that this charade was bought by Mr Rumsfeld without any independent confirmation.
There is a strong possibility that these bodies of Arab-looking individuals belonged to the airlifted prisoners from Afghanistan.
The fact that these were accepted at their face value only shows the effectiveness of Indian propaganda or the American inexplicable gullibility to buy such cock and bull stories. Why should Al Qaeda target India is a riddle that only Indians can explain.
Since in all probability, these airlifted prisoners are going to end up being serially killed in fake encounters, it is high time that the concerned governments raise the issue with the Afghan administration to declare the particulars of the persons airlifted by Indians to their jails. India should also be confronted to acknowledge the presence of these prisoners and explain its clandestine motives for transferring these people in such a brazen and lawless manner.
Pakistan, on its part must make efforts to ensure the safe return of its nationals from the Indian jails where they have become human pawns in a no holds barred Indian propaganda war.
MOMIN IFTIKHAR
Islamabad
THE other evening Riz Khan was interviewing Raja Zafrul Haq of Pakistan Muslim League on BBC World. Riz Khan was humility itself as the Raja was solemnly holding forth on the sanctity of subjects like democracy and the freedom of press. It was more than evident that Riz Khan knew precious little about the character he was talking to with such reverence and modesty.
One should expect the ‘BBC World’ to know that the same Raja was the most articulate minister in the cabinet of dictator Gen Ziaul Haq. It should also be in the knowledge of experts within the BBC senior staff that the same Raja was gleefully described by the dictator as his “opening batsman”. Of all the military dictatorships in Pakistan’s history Zia’s was the longest and most wounding. Riz Khan should have known that his guest for the night, who was talking so glibly about democracy, was the tallest among the standard-bearers of the longest dictatorship.
As for his noble observations on the freedom of expression and the freedom of the mass communication media, including the press, Riz Khan and the ‘BBC World’ would do well to remember that the Raja was information minister when senior working journalists were horse-whipped in the streets and thrown into jails. So punished because they stood up for the people’s right to free expression and the freedom of the press.
The Raja’s leader, Nawaz Sharif, was the dictator’s product and protege. Nawaz was seen on world television screens, tears in his eyes, promising to carry on the dictator’s “mission” as he was consigning the mutilated mortal remains of the dictator into his grave.
Worth recalling is the fact that Zia’s funeral, marking the end of the worst dictatorship in Pakistan, was duly attended by the high ranking leaders of the democratic free world. Notable in that scintillating galaxy was the secretary of state from Washington, respectfully saying final farewell to the most odious military ruler of this country.
Raja Zafrul Haq would now have the people of Pakistan, and the people of the world (through the ‘BBC World’), believe he is a champion of democracy and holds the freedom of the press as sacred above all else. Nawaz Sharif, too, equates dictator Zia’s “mission” with the essence of democracy and vice versa. He remains committed to accomplish the dictator’s “mission”.
Who do they think they are fooling?
A.B.S. JAFRI
Karachi
IN today’s world there are many words and terminologies used by world leaders that need to be indispensably translated so that common people like us can understand what they really mean. Words like peace, reforms, terror, defence, growth etc are in dire need of a new glossary as their meanings have entirely changed.
As an example, here is the ‘translation’ of President Bush’s proposed reforms in Palestine:
Palestinians should accept their position as slaves and do as we, their rulers, want them to do. As a first step, they should: forget the past and their claims of being the original inhabitants of Palestine, drop any notions of resistance to Israel, have a controlling authority that can be unconditionally controlled by us and submit themselves fully to our will. If the people accept and follow these ‘reforms’, Mr President promises for a ‘brighter’ future.
As a practice exercise, readers are welcome to translate ‘brighter future’ by themselves.
ZAINAB RAZIA ZAIDI
Fairfax, USA
THE world has reaffirmed its commitment to right of self-determination for people remaining under foreign occupation through the Almaty Declaration. The declaration was adopted by the heads of state and governments of member states of the Conference on Interaction and Confidence Building Measures in Asia (CICA).
Pakistan and India are parties to this declaration. Apart from reaffirming the principle of self-determination, the declaration emphasizes that this principle must be exercised “in accordance with the UN Charter and international law”, adding that non-fulfilment will threaten “regional and international peace”.
Self-determination has been clearly identified within international law and it remains a peremptory norm of international law.
Self-determination is not only a part of customary international law, but also enshrined as one of the principles of the UN as laid out in Article 1:2 of its charter.
Self-determination is seen within the context of people fighting against colonialism, foreign occupation and to enforce international commitments made to them by the United Nations.
The strength of the self-determination norm is such that international conventions dealing with terrorism have always acknowledged and distinguished between struggles for self-determination and acts of terrorism. The Almaty Declaration is no exception.
Kashmir is a case of self-determination against foreign occupation, as defined in the UN resolutions on the issue. India recognized that it was an international dispute requiring peaceful resolution through UN intervention.
India took the Kashmir issue to the UN under Chapter VI of the UN Charter, which deals with pacific settlement of disputes — as opposed to Chapter VII which deals with aggression.
The Almaty Declaration has once again stressed the continuing relevance of UN resolutions and international law within the context of struggles for self-determination. India’s signature on this declaration implies that it has renewed its acceptance of the legitimacy of self-determination it made in the 1940s at the UN.
The Almaty Declaration has gone one step further to clarify self-determination as being distinct from separatist struggles and acts of terrorism.
India is planning to hold elections in held Kashmir in coming October. Kashmiris feel that elections under the prevailing conditions would amount to a futile exercise. With the presence of 600,000 security forces along with their record of brutal repression and India’s strategy to hold the elections along with its current tactics has made the Kashmiris even more suspicious.
Pakistan-India ties are tied to the Kashmir dispute’s resolution. If the Kashmir situation continues to persist in its present form and no attempts are made to reverse the current trends the chances of further deterioration of their relations are strong.
MARIA IKRAM
Karachi
THIS is with reference to Mr Haji Essa Katchi’s letter ‘Advani’s dream’ (June 22). I disagree with Mr Katchi but only to the extent where he stated that a confederation and a federation are one and the same thing.
I would like to state that although they are both derived from the same Latin root, they are two different entities. A confederation is a union of two or more states who surrender part and not all of their freedom for the achievement of a common goal. Unlike a federation, the confederating states do not lose their identity.
Furthermore, had there ever been a confederation between Pakistan and India, either could have easily left the contract at will, as it is nothing more than that. Therefore, had either of the two nations felt their rights being suppressed they could have exited at any time. This would not have been possible had the two neighbouring countries formed a federation.
OBAID-UR-RAHMAN KHAN
Karachi
THIS is with reference to a news report which says that the BA results have been announced after seven months. I would like the authorities concerned to give sensible reasons for this extra-ordinary delay, if they have any. Also, the Ministry of Education must look into this very serious matter and seek an explanation from the concerned authorities.
This delay amounts to criminal negligence, which would probably result in the loss of an academic year of the already frustrated students, causing much anxiety and mental agony to their parents.
SYED ABRAR HUSSAINI
Karachi
THE first good thing about the constitutional package is that it has not been imposed unilaterally. The changes have been proposed and made public to seek the views of the various cross- sections of the society. This is a new trend in Pakistan, in fact a welcome trend.
In the coming weeks, there would be a lot of discussions on the pros and cons of the proposed amendments. My request to the political parties is that they should discuss the package in the spirit of offering positive in-put and not come out with outright rejection.
JUNAID RASHID
Islamabad
THIS is in response to the article by Prof Roedar Ahmad Khan indicating a very bad environment for experimental science in our universities. I agree with him when he says that experimental science has been on a decline for the last many years in Pakistani universities but I strongly disagree with him in his assertion that those who get their PhD degrees from foreign universities are incompetent.
I got my education in Pakistan and then started teaching in these universities and I know that research work here is hampered mainly because of lack of funds. If all institutions get the required funding, just as the HEJ Research Institute of Chemistry, Karachi, is getting, then there is no doubt that these would also perform at the same international standard.
The writer mentioned the case of a lady who could not do her MPhil in Pakistan but got a PhD from Australia. I just want to tell him that it is the facilities and the motivation that make one work, and not the university.
AFTAB KHAN
Karachi
THERE is a question which every Indian needs to answer wherever he or she lives:
British India was divided on the basis of Hindu and Muslim areas in 1947. The Hindu leadership agreed to the partition and insisted on the division of the provinces of Punjab and Bengal on the same basis, down to the level of the villages. Then how come Jammu and Kashmir, a Muslim majority state, is still under Indian occupation?
DR HUMAYUN BASHIR
Lahore
IF I remember correctly, the fifth point on the 7-point agenda of the military regime was de-politicization of national institutions. Perhaps Nawaz Sharif’s adventure into the army that failed was behind this.
However, the local government system, introduced by this government, has politicized the entire administrative machinery of the country in a very short time.
DCOs are being transferred on the wishes of the district nazims. The EDOs, DOs and DDOs are all being posted on a pick-and-choose basis, after ascertaining their loyalties to the district nazims. At least this was the situation that had prevailed in the pre-referendum days.
Apparently, senior officers are enjoying a respite after the referendum, but the transfers done in the initial eight months of the local government have done sufficient harm.
The loyal officers in grade 18/19 are now transferring the lower staff (grade 1-16) according to the wishes of the nazims. As a result of this, some of the lower grade officials are now seen sitting at the doors and the ‘baithaks’ of politicians in an effort to prevent an undesirable posting.
Surely, the armed forces are not the only ‘national institution’; the politicization of other national institutions is equally undesirable.
Today, all the officers in the district governments have become a tool in the hands of the politicians, and are acting to win their pleasure.
This trend is definitely not in the interest of the country.
A DESPERATE CITIZEN
Shikarpur
WE have four high courts in our country. Two are named after the provincial capitals, i.e. the Lahore High Court and the Peshawar High Court. But the other two are named after the provinces: the Sindh High Court and the Balochistan High Court. This is quite illogical.
lf there is no specific reason for this, then these should be named uniformly, either after the names of the provinces or those of the provincial capitals.
MOHAMMAD AZHAR KHWAJA
Lahore Cantt
THIS is with reference to a news item: ‘US security scares away Gulf holidaymakers’ (June 24).
I want to ask the foreign ministry and the tourism department as to what efforts they are making to attract these holidaymakers.
SYED AHMED IQBAL
Rawalpindi
THIS refers to the recent decision of the Supreme Court Shariat Appellant Bench regarding Riba. The following points are worth considering:
The Bench reversed in just ten hearings its own judgment given in 1999 after months of bearings. Those included presentations by Islamic finance scholars, ulema, bankers, economists, government officials and others. All the relevant parties were given a chance to voice their opinion. Even the representatives of international financial institutions like the IMF were invited to present their viewpoint. It is strange that a decision taken after so much debate, consultation with all the concerned quarters and covering almost all relevant angles is reversed by the same court in less than a month’s time.
Under the current laws a review petition has to be filed against a court’s decision within 40 days. In this case the petition was filed after over two years. Why was this delay entertained by the Supreme Court in the first place?
The government promised to implement the decision in 1999 and work towards the milestones set by the court. In 2001 when the deadline approached the government requested extension, which was granted. The request for extension meant that the government supposedly had no issues with the decision itself, it only needed more time to implement it.
Before the start of the latest hearings the government removed eminent scholar Justice Taqi Usmani from the Bench without assigning any reason. Mr Usmani is a great religious scholar.
He is an authority on Islamic finance. He is on the board of virtually every major global financial institution that runs an Islamic financial products desk. He is simply the most knowledgeable person in this field globally.
The issue of Riba or interest is not an emotional matter championed only by religious extremists. It has been debated extensively since 1970s in the highest academic and government circles from the Islamic Ideology Council to several Islamization commissions to the Constitution itself. The Supreme Court’s 1999 decision was the final verdict concluding the entire debate. It takes into consideration all the necessary details needed to start a Riba-free system. There is no denying that there will be teething troubles and there will be pitfalls in the implementation process but they are part and parcel of every new system.
There are a few things in which Pakistan has the potential to lead the world, rather than be a mere follower. A comprehensive and practical Islamic financial system is one such area. None exists at present anywhere in the world although some isolated experiences have been carried out in Malaysia and Sudan with some success.
The demand for an interest-free economic system is not only from the Muslim world but also from the Third World countries crumbling under debt and poverty. Even the rich capitalist countries of the west are looking for an alternative — public demonstrations outside G8, World Bank and IMF conferences every now and then endorse this claim.
Pakistan has all the right ingredients to present such a model — a relatively modern economy and infrastructure, a developed banking and financial system, a significantly large intellectual capital that understands both Islamic principles and the demands of modernity, and a population that is ready and willing to try out the Islamic financial system.
SOHAIB UMAR
Karachi
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