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DAWN - the Internet Edition



01 June 2004 Tuesday 12 Rabi-us-Saani 1425

Letters


Constitution and democracy
Fairness of IELTS
Tax commissioner's powers
America's human rights record
Watershed management in Sindh
Fatima Jinnah Park
Two episodes to learn from
Beheading of an American
Moderation in Islam
All-time lows
Pensioners of OGDC
Community boards
Wake-up call for OIC




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Constitution and democracy


This refers to Syed Feroz Shah's letter "Constitution and democracy" (May 24). He holds the 1973 Constitution responsible for the creation of an essentially totalitarian and colonial-style state structure under which, after every election, we get a "civilian dictatorship" of feudals and billionaires.

I do not agree with Mr Shah's views because we cannot attribute our problems to the Constitution of 1973. The original text of the Constitution provides for a parliamentary form of government in which substantive powers are vested with the prime minister.

A chapter on fundamental rights specifically safeguards the rights of individuals. It prohibits discrimination on the basis of sex. Amendments to the Constitution can only be made by parliament, and anyone who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or by other unconstitutional means shall be guilty of high treason.

Soon after the drafting of the Constitution, General Zia took over and suspended the Constitution. Parliament was compelled to accept changes to the Constitution by the military.

Student unions were banned, resulting in the depoliticization of our educated youth. Now one of the top priorities of educated people in Pakistan is to get white-collar jobs and they are not interested in politics.

Discriminatory laws like the Hudood ordinance were promulgated to please the mullahs and we headed for extremism. Politicians are a byproduct of the military dictatorship.

One of the reasons for civilian dictatorship is the interference of the intelligence services in the election process. Whichever party they supported got a majority in parliament.

Had there been fair elections, there would not have been a civilian dictatorship as no party would have emerged with a heavy mandate. There had been a nexus between the army, bureaucrats and feudals prior to the framing of the Constitution of 1973.

They worked to safeguard each other's interests. Feudals who are in a majority in parliament never reduced the defence budget, nor did they attempt to reduce the perks and facilities provided to the top brass in the military. The military in return never introduced land reforms whenever it took over power. Thus, a system has been created, and it cannot be changed overnight.

It must be realized that the people at large should accept the responsibility for the predicament which we are at the present. Civil society has not played its due role. Leaders are a reflection of society, and if our leaders are incompetent and corrupt, our society at large is incompetent and corrupt.

ANIL KHAN LUNI

Karachi

Top of Page



Fairness of IELTS



I want to raise some questions about the fairness of the test known as IELTS (International English Language Testing System), which the British Council conducts at least twice a month in major cities of the country.

I am a doctor by profession and currently working at Fauji Foundation Hospital. English was the medium of instruction in the private schools and medical college that I attended. I have been listening, reading, writing and speaking this language for the last so many years. I can fully communicate in English with my teachers, patients and their relatives whenever the need arises.

As the IELTS test is a pre-requisite for appearing in the PLAB examination, which is necessary for limited registration with the GMC, UK, I appeared thrice in this test during the past one year. Each time however, I was graded a score of 6.5 which is 0.5 less than the required score for appearing in the PLAB-1 examination.

The result of the IELTS test conducted on April 17 particularly disappointed me because I thought I attempted it well, although the text of the test was tough. I wanted my papers to be re-checked, but when I inquired about it from the British Council in Peshawar, I was told to deposit around Rs5,000 in a foreign bank and wait for the response, which might take up to two months.

Since I had already spent more than Rs20,000 on this test, I could not afford to do so. It is said that only about seven to eight candidates out of an average of 140 manage to get the required score of 7. This is really bad.

I am not raising doubts about the integrity of the British Council. I would simply like to know what else a doctor like myself should do to get the required seven score? Is IELTS really a language test?

DR MUSAHIB HUSSAIN

Kohat

Top of Page



Tax commissioner's powers



The sweeping powers given to the commissioner under the Income Tax Ordinance negate the essence of the Universal Self-Assessment Scheme. The government should curtail the powers by allowing the commissioner to open or reopen assessment of any assessee within two years after an original assessment order is issued or is treated as issued.

The power of the commissioner under Section 122 to reframe or amend an assessment order within five years of the original assessment order or within one year after the issuance of the last amended assessment order, whichever is later, without mentioning the number of assessments or reassessments allowed, has given him extraordinary authority and a license to harass the assessee.

The commissioner should be allowed to amend an assessment order for a tax year, treated as issued under Section 120, only twice in case the assessee is selected for an audit under Section 177 and only once if the assessee is not selected for an audit.

Again, the criteria adopted for the selection for an audit for the tax year 2003 was very strange. One of the criteria was the amount of refund claimed in the return. Assessees who had claimed Rs5 million or more as refund (Rs20 million or more in case of LTU - the large taxpayer unit) were subjected to tax audit.

Actually, these refunds are created in the cases of assessees whose ratio of deduction of withholding tax is very high in relation to the income tax liability they incur because of many reasons.

For example, industries where the ratio of value additions and margins is very low in relation to the raw material consumed and receipts are subjected to withholding tax end up paying excess tax. They also suffer because their funds are tied up in the form of advance tax. To slap them with a tax audit is gross injustice.

R.H. MERCHANT

Karachi

Top of Page



America's human rights record



The United States of America releases an international human rights report every year, oblivious of its own record of crimes against the humanity. These human rights reports are then used to intimidate countries hostile to US policies. The world at large and the Muslims in particular are shocked over the US military's barbarian treatment of Iraqi prisoners.

The administration of Mr George W. Bush is facing immense pressure from its own public, print media and congressional committees. Muslim countries under the umbrella of the OIC have issued formal statements, though none has recalled its ambassador from Washington as a token protest. Hats off to investigative journalist Seymour Hersh who broke the prisoner story. It should have been the Muslim media which should have disclosed the gory tale.

People from all walks of life in Muslim countries aspire to migrate to the US or to have their children educated there. Would they have second thoughts now about choosing the US as their permanent abode? Nature has given the Muslim world great bounties in the form of large expanses of land, natural resources and population.

These can be exploited to the benefit of the people of the Muslim world. And the Muslim rulers have a special duty in this regard: they should work for the all-round development of their people. They should know that if today it is the Iraqis who are suffering, tomorrow it will be some other people.

S. BUKHARI

Karachi

Top of Page



Watershed management in Sindh



Pakistan has been suffering from a water shortage for the last few years. Nobody seems to be bothered about water being misused in the Karounjhar watershed landmass - a big watershed area in Sindh - whenever there is massive rainfall.

As reported in newspapers, a huge quantity of water - more than 2.5 million cusecs - from 15 runoff channels of the Karounjhar watershed area goes to waste during heavy rains. With proper management this loss could be avoided and the water so saved could be used to cultivate more than 2,000 acres of barren land.

The Gordhiro is a big catchment (upstream flow) of this Karounjhar watershed area. The whole of the surface runoff comes to be deposited in this catchment. Last year's annual rainfall revealed the wastage of 0.5 million cusecs from this (Gordhiro) drainage basin.

The local experts of watershed management say that 3,000 acres of barren soil can be brought under cultivation by properly managing the water by designing and constructing small ponds or reservoirs or by implementing the engineering or biological techniques in the area.

DOST MOHAMMAD DASHTI

Thari Mirwah

Top of Page



Fatima Jinnah Park



According to a report in Dawn (May 13), the CDA, under the present chairman, has decided to allocate 20 per cent of the green belt in F-9 Park, also known as Fatima Jinnah Park, for a club with facilities that will be exclusive to the rich and those in power. It was stated that the CDA chairman had already received plans for the project from 51 firms.

If unchecked, such continued allocations for development of the 700-acre F-9 Park could eventually lead to disappearance of this beautiful green belt, just as has happened with other smaller green belts in Islamabad. Some of the influential rich have annexed these to their private houses with barbed wire and hedge fencing or constructed permanent structures and approach roads on them.

Only parliament, and not the Capital Development Authority or its chairman, is empowered to approve any change in the original master plan of Islamabad, which could have long-term effects on the environment and the rights of citizens.

Why is it that none of our parliamentarians have raised this issue in the National Assembly?

GHULAM HAIDER SIAL

Islamabad

Top of Page



Two episodes to learn from



This refers to the op-ed by Mr Farhatullah Babar (May 20). Referring to media exposure of the US guards' atrocities against Iraqi prisoners and the Indian Army's claim for awards for imaginary gallantry and capture of ghost-posts in Siachen, the writer came down to our own affairs and stressed the need to be more open and accountable in matters relating to defence. The call is timely. Any institution left alone can go wrong and if anything can go wrong, it will. That's Murphy's Law.

With a 20x20 vision of hindsight, there are many in-house episodes to learn from. General Gracey knowingly made Ayub's ill-intentioned appointment. Come 1956 and Gracey was wondering aloud in London why his appointee had still not taken over (Defence Journal, August 2002).

Ayub's appointment of Musa and then Yahya as successive army chiefs (rank bad decisions both) cost us lives in 1965 and (lives and) the country's integrity in 1971, respectively.

During the 1965 war, the inane decision was made about change of command in Kashmir, thereby ceding the initiative to the Indians. Ayub should be held accountable for these unprofessional decisions posthumously.

In 1971, General Niazi (Betrayal of East Pakistan) had sent back a brigadier after a summary trial in East Pakistan to be court-martialled for looting and theft. Instead, he was promoted as Lt-General and was appointed martial law administrator, Sindh, during Zia's rule.

Zia's superiors had smeared his file with adverse remarks over a period of time. How this below average, academic-shy man (to avoid a war course in Quetta, Brig Zia was ready to go to hell, but was sent to Jordan instead.

Memoirs, Lt-Gen Gul Hassan) reached the rank of general proves the need to streamline the procedure of promotions in the army. Zia used to promote officers against regulations.

Kargil should also be investigated and an audit of human lives lost and the problems arising out of the setback given to the peace process with India be made public.

In the same vein, those who destroyed the Karachi coastline and natural habitat by their sheer neglect, dereliction of duty and gross negligence should be taken to task. Apart from crows and kites, there is no lark or sea gull seen in on the Karachi skyline since the disastrous oil spill from the Tasman Spirit.

Unless a ruthless accountability culture is developed, one quixotic adventurer after another will keep popping up and covering up his predecessor's acts of omission. Selective action by the NAB is becoming a joke, a stale one at that.

Some of the "NABees" are holding sensitive portfolios in Jamali's cabinet. An oversight committee comprising senators both from government and opposition should be appointed to look over our affairs and clear the fog of over half a century.

ASLAM MINHAS

Karachi

Top of Page



Beheading of an American



The beheading of Nick Berg allegedly by Iraqis was an act of utter desperation. It has been rightly condemned. But Iraqi prisoners have been humiliated, tortured and abused by US soldiers.

The killing of thousands of innocent civilians during US raids on Iraq has not stirred the Americans' conscience. This has enraged the Iraqis, who are fighting to get rid of the US hold on them.

US Defence Secretary Donald Rumsfeld, during a recent surprise visit to Abu Ghraib prison, instead of sympathizing with the tortured Iraqi prisoners, used words that could only suggest that the US soldiers should "keep up the good work". This may have boosted the morale of the soldiers but has not assuaged the pains of the Iraqi prisoners.

Only some low-level soldiers have been held responsible and court-martialled. The higher-ups in the upper echelons under whose eyes the gory drama of torture and abuse was enacted by their soldiers, have gone scot-free.

M. SHAFIQUE AHMED

Karachi

Top of Page



Moderation in Islam



The article by Mr S. G. Jilanee is another one of several about Islam which have appeared in Dawn and miss the mark completely. The debate that rages around the world does not dispute that interpreted correctly, Islam does not condone any of the undesirable actions of some of its followers.

Suicide bombings regardless of cause, sectarian killings, hostility to the welfare and rights of women as evidenced by the strong defence of the Hudood laws by Pakistan's religious parties, brutality towards innocent people and an overall antipathy to modernism are, in fact, all un-Islamic but to a bewildered westerner make the case that Islam is a violent religion.

Rather than fighting the characterization, all Muslims ought to work towards returning to the ideals of their just, tolerant and compassionate religion and follow the leaders who espouse these beliefs rather than those who only peddle hate.

M.HAIDER

New Jersey, USA

Top of Page



All-time lows



In Palestine, the Israeli army, having grown weary of firing at stone-throwing eight-year-old Palestinian children, decides to fire into a crowd of peaceful protesters, killing at least 10 people.

In Iraq, the US bombs a wedding party, then levels the entire village to the ground, killing more than 40, and later claims it observed activities "inconsistent with a wedding". And in Karachi, dacoits hold up an ambulance carrying a corpse, and relieve relatives of the deceased of over Rs40,000.

These incidents are all-time lows that indicate the level to which we have fallen and make some of us exclaim: what's next?

ZAIN MANKANI

Karachi

Top of Page



Pensioners of OGDC



I want to draw the attention of the authorities concerned to the matter of low pensions given by the OGDC. Retired officers of 1996 and before are receiving very low pensions. In 2003 pensions were increased by approximately Rs1,000, but since then no further upward revision has been done.

The latest reports have shown that the OGDC has made 10 per cent more profit than last year. The total revenue of the year 2004 collected so far is Rs23.15 billion which is 17 per cent more than the July-December 2003 session during which Rs19.72 billion was made.

However, OGDC pensioners, including my father who retired as an E6 grade officer, continue to suffer. It is true that pensions are revised every year, but officers who retired in 1996 and before are still receiving a negligible amount.

The government is requested to ensure that the pensions are increased significantly.

MEHWISH KIRAN

Karachi

Top of Page



Community boards



The Punjab local government minister while inaugurating a workshop on policy dialogue on Citizen Community Boards (CCBs) stated that development funds amounting to Rs5 billion were lying unutilized because of poor public response to contribute matching grant, already reduced from 50 per cent to 20 per cent.

Government functionaries must know that the local government system is already politicized and is now being threatened by the political leadership. Besides, union councils, tehsil councils, town Councils and district councils are fleecing the poor citizens by imposing new taxes (some of them with retrospective effect) collection of which is entrusted to merciless contractors.

The sum of Rs5 billion is public money collected through taxes and it should not be withheld for the formation of CCBs and their matching contribution for uplift schemes. It is the responsibility of the provincial government to execute development schemes using the withheld amount of Rs5 billion.

MUHAMMAD NAZIR CHAHAL

Qila Didar Singh

Top of Page



Wake-up call for OIC



As far as the OIC members are concerned, the time for negotiations, resolutions, protests and condemnations of Israel and the US is over. The time for action is long overdue.

If countries like the US and Israel can brazenly flout world opinions and UN resolutions, what is holding the OIC members back? They should send a peace-keeping force to Palestine.

Remember, no guts, no glory-and God also helps those who help themselves. Who should know this better than the OIC countries?

HASHMAT A. KHWAJA

Islamabad






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