DAWN - Letters; June 25, 2005

Published June 25, 2005

Darfur crisis — a ray of hope

After 10 years of Rwanda, the world has witnessed yet another colossal human tragedy in Africa, i.e. in Darfur — the world’s poorest and most inaccessible region, the westernmost province of Sudan, on its western border with Chad.

The Arabs constitute a majority of the population in the northern part of Darfur while Furs, the aborigines, predominate in the southern province.

The present conflict escalated in February 2003 when two rival groups, the Sudan Liberation Army Movement (SLAM) and the Justice and Equality Movement (JIM) drawn from the members of the Fur, Masalit and Zaghawa ethnic groups, demanded an end to chronic economic marginalization and sought power-sharing within the Arab-ruled Sudanese state.

According to the latest reports, more than 30,000 non-Arab African Muslims of minority stock have been killed in conflict and some one million forced to seek shelter in refugee centres along the Chad border. Those forced to leave their homes are living on the very edge of survival. The ensuing rainy season is going to add to the refugees’ plight if action is not contemplated by the international community.

The humanitarian aid from the UN agencies is not only paltry but whatever aid finds its way to these ill-manned centres is either not properly distributed amongst the affected or snatched away by militiamen. Although the Sudan government has denied its involvement, a recent Human Rights Watch report has proved that the perpetrators were supported by the government.

Out of the 6.5 million people of Darfur, 2.4 million have been displaced within Sudan and more that 200,000 have fled to neighbouring Chad.

Islamic Relief Worldwide’s has five offices in Sudan but due to unstable political conditions the relief work of IRW is being severely impeded.

Looking at the enormity of the problem the UN relief agencies should first ensure safe camps for refugees immediately, preferably on the Chad side of the border where France is maintaining its forces so that more loss of human lives can be averted. The world community should be approached for maximum relief goods with special arrangement by UN agencies so that humanitarian assistance provided by the donor countries reaches the actual refugees.

The recent agreement mediated by the OAU between the Sudanese government and the National Democratic Alliance for bringing reconciliation and to break the deadlock, signed at Cairo, if implemented in true spirit can become a harbinger for peace in the strife-torn region of Africa.

MANZOOR H. KURESHI
Karachi

‘Kashmir struggle’

WITH reference to the letter by Mr M. P. Bhandara (June) 14, it is indeed strange that on the one hand he confesses that he is no expert in international law and on the other he asserts that a panel of legal experts will not uphold the view that the UN Kashmir resolutions have survived the Shimla Agreement. In my view, the honourable MNA is wrong, and that the panel will possibly make the opposite verdict for the following reasons.

First, it will do so on the ground that the Shimla Agreement is in conflict with the UN charter. To begin with, paragraph 1 (i) of the Shimla Agreement specifically provides “that the principles and purposes of the charter of the United Nations shall govern the relations between the two countries”. Article 2 of the UN charter, which spells out the principles of the organization in its paragraph 2, provides that “all members shall fulfil in good faith the obligations assumed by them in accordance with the present charter”. More precisely, Article 103 of the charter says in unambiguous terms: “In the event of a conflict between the obligations of the members of the United Nations under the present charter and their obligations under any other international agreement, their obligations under the present charter shall prevail.”

There is considerable jurisprudence that supports the foregoing point. Even the World Court observed in the 1984 Nicaragua judgment that: “all regional, bilateral, and even multilateral arrangements that the parties may have made must be made always subject to the provisions of Article 103 of the charter”

Secondly, it will do so on the ground that the right of self- determination has the character of jus cogens or a peremptory norm of international law from which no derogation is permissible. And in terms of Article 53 of the Vienna Convention on the Law of Treaties any agreement in conflict with a norm of jus cogens is struck with invalidity. Given the fact that the Shimla Agreement violates the right of self-determination, it is null and void.

Lastly, it will do so on the ground that Kashmiris were not a party to the Shimla Agreement and that India and Pakistan are not entitled under international law to speak on their behalf. The International Commission of Jurists has this to say on this point:

“However, the people of Jammu and Kashmir were not parties to the agreement. Neither India nor Pakistan, both of which had conflicts of interest with the people of Jammu and Kashmir, can be regarded as having authority to bind them. The members of the ICJ mission do not see, therefore, how the Shimla Agreement can be regarded as having deprived the peoples of Jammu and Kashmir of any rights of self-determination to which they were entitled at the time of the Agreement.”

Given the esteem in which I hold Mr Bhandara I am much disappointed with his understanding of the Kashmir dispute.

IJAZ HUSSAIN
Islamabad

Image and Mukhtaran Mai

EVERY girl in Pakistan grows up hearing: What will others say? Her reputation is the currency that measures her worth to her community, her country, and, it is assumed, to herself so that, it is hoped, she becomes her own prisoner. Mukhtaran Mai refuses to be imprisoned. She knows what she is really worth and needs no one to tell her. That is why they keep trying to diminish her.

When she was gang-raped while her village watched in silence, she knew what she was worth: she fought back. When her rapists were freed, she knew what she was worth: she fought back. When they threatened her with murder, she knew what she was worth: she fought back.

When she was put on the exit control list, told to stay home, wallow in shame and fear, and ‘wait for justice,’ she knew what she was worth: she is fighting back.

She is being restricted because of the same sick and self-destructive phobia that every woman is meant to be principled by: what will others say? The irony is that the phobia has made this country’s self-appointed rulers deaf, and the more Pakistan is slammed both domestically and internationally for its criminal laws and repressive social attitudes, the more they harp about their own image instead of improving Pakistani lives.

Forget who’s saying it, a foreigner or a Pakistani, and listen to universal ethics: imprison the rapists, and let Mukhtaran Mai leave the country if and when she wants to speak in her own words to whomever she wants.

UZMA ASLAM KHAN
Lahore

Sale of PTCL

IF ONE is asked a question as to how one would rate the sale of the PTCL, whether bad, good or spectacular, my answer will be ‘spectacular’.

My one big worry is that the UAE company ended up paying 90 per cent more than the second highest bidder, China Mobile company. A price of nearly $2.6 billion for 26 per cent stake makes the PTCL the only Pakistani entity with a total market value of $10 billion.

The UAE company paid Rs120 per share when, in fact, the PTCL has been trading at around Rs30 in the recent past before stock market euphoria took its price to over Rs65. If one works out the yield based on the current PTCL dividend payout, one would wonder at the logic of this huge offer and purchase price. Foreign investment in an economy of a developing nation is based on several factors, both economic and political.

The rating of Pakistan in the international market both by Moody’s and S&P is still three notches below investment grade. Under these circumstances, my only fear is that the buyer of the 26 per cent stake, after the full impact of his extraordinary offer dawns on him, may decide to withdraw from proceeding further in the acquisition activity.

In the process, he will perhaps be happy to even forfeit his $40 million earnest money, as this is peanuts compared to the huge difference in offer price between the first and the second bidder.

I, therefore, earnestly wish and pray that we do not have another KESC-like situation.

SHIRAZ SACHEDINA
Karachi

Wireless, mobile services

A HEATED discussion is going on these days on how the WLL (wireless local loop) operators will function as according to them the range allocated to them is limited.

On the other hand, mobile service providers are of the view that if the range of WLL service is not restricted, a number of subscribers will switch to WLL technology as service through this technology is cheaper and the quality better.

The importance of WLL service for the country can be gauged from the fact that 92 new licences were issued in this segment as compared to two new cellular licenses.

The Pakistan Telecommunication Authority (PTA) should allow WLL service providers a range of 15 km in urban areas or the range can be provided by segmenting the city in zones.

An example of this can be the city of Karachi which is divided in four zones, that is, north, south, east and west. The WLL connection of a subscriber can work in the entire zone for which the connection is purchased.

This way the problem of range can be settled amicably as well as the grievances of cellular operators can also be removed.

KHURRAM ZIA KHAN
Karachi

Bird show

A bird show held recently at Karachi’s Safari Park turned out to be a mess created by its organizers. It was confined to a small park with an entrance but no exit; many of the caged birds were subjected to stress caused by the congestion of a large crowd; the show was arranged during hot days that made most birds pant for breath ; gathering so many birds in a restricted area was a health hazard both for the birds and humans, etc.

The Society for the Prevention of Cruelty to Animals is long dead but the health and veterinary authorities should have taken notice of such violation of bird rights and human rights.

A BIRD LOVER
Karachi

NHA and road conditions

THIS is to draw the attention of the National Highway Authority to the problem encountered while travelling from Karachi to Sukkur. Poor marking of diversions on the National Highway at certain construction sites between Hyderabad and Saeedabad poses a serious danger. Diversions have either not been marked at all or have been marked with black drums of bitumen placed in the centre of the road. It is anybody’s guess how much these drums can be visible to the naked eyes at night. I have twice personally narrowly missed banging into the drums.

In violation of highway rules, there are speed breakers at many places on the Super Highway as well as on the National Highway. The Hyderabad bypass was commissioned about 10 years back and the bridges on this segment have already started to decline. One such bridge was closed for a few months for repair but has been opened to traffic in a dilapidated condition, with unmarked speed-breakers on both sides to take the speeding vehicles right into the river. Huge humps in the name of speed-breakers exist on both sides of all the toll plazas on the highway from Karachi upward. One such hump was the main reason for a fatal accident near Saeedabad last year when a passenger bus went out of control and hit a truck full of gas cylinders.

The newly-constructed dual carriageway from Hala to Sukkur started wearing out just after one year of its inauguration in 2002. To avoid accidents, the NHA scraped the surface topping at many places in 2004 and left hundreds of such spots without any repairs. Since the heavy vehicles cannot keep their balance at such spots, they change lanes instantly and without any indication, putting the lives of people in smaller vehicles in great danger.

There is construction activity, as close as five to 10 feet from the highway, against the law that restricts such construction within 200 yards from the highway. Such activities are not possible without the collusion of some officials. The Motorway police can report such violations immediately and can also take necessary measures to stop this menace with the help of the local authorities. The towns of Kazi Ahmed and Shahpur are the worst cases where the National Highway remains choked round the clock, with local traffic plying and vehicles parked in the middle.

Officials of the NHA must know that their efficiency is reflected in the condition of the roads under their charge and not from the huge advertisements in self-praise that appear every now and then at the cost of the public exchequer.

AKBER KAZI
Karachi

‘Who’s who?’

MR Hafizur Rahman’s column ‘Of Mice and Men’ titled ‘Who’s who?’ (June 22) raised a valid concern.

Among other pictures with unidentified people relating to the Freedom Movement, he mentions one with the caption ‘Some stalwarts of the Pakistan Movement with the Quaid’ in which, as he says, there ‘is a lady completely covered in a burqa, with only a handbag showing’.

Not having the picture before me, I can’t swear to the identity, but, from the description, it is almost certainly Begum Mohammad Ali (Amjadi Begum, widow of Maulana Mohammad Ali Jauhar), who was a member of the Muslim League Working Committee and had been very active in the movement after her husband’s death. If the photograph was the one taken at the time of the Lahore Resolution, then there is no doubt it was she.

I hope this helps relieve at least some of Mr Hafizur Rahman’s quite understandable frustration.

ZEBA QURESHI & KHAULA YASMIN QURESHI
Karachi

Problems of Turbat

THE city of Turbat is afflicted with many problems. To begin with, educational institutes, though possessing immense buildings, lack facilities and teachers. For instance, the Government Degree College, which was established in 1974, does not have the required number of 24 teachers. Most students are forced to hire tutors. But then the poor students are left out. Instead of education, they take to politicking.

Moreover, the government hospital is giving poor performance. Most doctors rely on antibiotics owing to lack of experience. Cases of anaemia, appendicitis, hepatitis B and kidney stones remain undiagnosed owing to scant facilities. The hospital has no separate portion for women who have to wait with men for doctors who rarely come on time. The staff is not adequate to look after the requirement of the patients, who come from distant places.

Another problem is the presence of drug peddlers in every nook and corner of the city. The law and order situation is worsening day by day. In spite of all these, little attention is paid to resolve the problems, though two ministers in the government were elected from here.

UZAIR AHMED
Turbat

Kargil crisis

THIS refers to Anwar Iqbal’s report “Nuclear missiles had been readied for launch: Kargil crisis” (Dawn, June 20).

For the record, the quote in my book from former Clinton aide Mr Bruce Reidel refers to his published account of the Kargil crisis and is not based on a personal interview with Mr Riedel. My book does, however, comprise interviews with many former Pakistani and US officials and draws extensively from documents declassified in the United States.

Mr Riedel’s paper “American Diplomacy and the 1999 Kargil Summit at Blair House” was published by the University of Pennsylvania’s Centre for the Advanced Study of India in May 2002 and is duly footnoted in my book “Pakistan between Mosque and Military” being published by Carnegie Endowment for International Peace this month.

I never got an opportunity to report or comment on the Kargil war while it raged as I had been kidnapped by the Intelligence Bureau on May 12, 1999, and imprisoned until the middle of July. By the time I was released, the conflict was over leaving behind only different versions of events from which one has to sift the truth. HUSAIN HAQQANI

Washington DC, USA

Ministry’s website

IT is painful that ministries using the common man’s hard- earned money (through taxes) for developing websites do not maintain them. One example is the website of the National Savings Organization (controlled by the ministry of finance).

Upon visiting this site several times during the last six months to check current and past interest rates of DSCs, I found out that all links on this page are broken and directed to some individually-owned file. The link is file:///C:documents and settings/Suffyan/my documents/desk/website/defence_savings_certificate.htm.

The ministries should promptly check their websites before launching them and regularly after that to ensure all links and contents are up-to-date and correct.

SHAZAD M. Tokyo, Japan

Gender action reform plan

THE approval of the gender action reform plan initiated with the assistance of the ADB is no doubt a welcome step as far as elimination of gender discrimination at workplace and more facilities for working women are concerned.

However, what is disturbing about this plan is the absence of certain issues. For instance, what if a woman doesn’t want to work in an office? Shouldn’t some kind of law make it compulsory for her brother/husband/father to ensure that she is well provided for? What about those cases where women are forced to work by the male members of the family? Shouldn’t reforms be initiated to penalize such male members?

HAFSA AHSAN
Karachi

CDA logo

A FEW months back the Capital Development Authority (CDA) invited through leading newspapers submission of a new logo design.

One is really surprised over their selection as the new logo carries a cross sign in the centre which is not just in negation of Islamic ideology but similar insignias are used by hospitals abroad.

IRSHAD AHMED
Karachi

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