| July 25, 2007 | Wednesday | Rajab 09, 1428 |
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PhDs galore
Disturbing questions
Encounter vs encounter
Working women: sexual harassment
Heads may roll
Tribute to Arifa Saifee
She couple
Policemen’s bravery
Readers are requested to restrict their comments to a maximum of 400 words. We reserve the right to edit letters for reasons of clarity and space. Letters, including those by e-mail, should carry the complete postal address of the sender. The views expressed in these columns do not necessarily reflect the views of the newspaper.—Editor
THE Asian Human Rights Commission is very much encouraged by the responses to its appeal to the Muslim scholars on July 9 on the issues relating to Rizana Nafeek’s case.
We are also very much encouraged by the many appeals made on her behalf on the basis of compassionate understanding.
As the Asian Human Rights Commission is mostly familiar with the operation of common and civil law systems and as there are many issues that need to be understood about the operation of Islamic laws regarding some fundamental aspects of the case, we request the assistance of the Muslim scholars to kindly consider the following issues we have raised and to inform us about their view on these issues. These issues are also of general interest.
The issues of particular importance to us are as follows:
a. How would the issue of complaints of the use of various methods of causing duress to obtain a confession be examined in a court in Saudi Arabia? Both in common and civil laws such a complaint would be separately examined by the judges. If the court was satisfied that the complaint is true, it will not attach any importance to the confession. The court will decide the case on the basis of whatever other evidence is available.
b. How would a Saudi Arabian court treat new information which could have a significant influence on understanding the issues relating to the case? For example, if it is revealed that the actual age of the accused is 17 and not 24 as originally claimed, would the court re-examine its verdict taking into consideration whatever implications that arise from this new information.
c. How would a Saudi Arabian court examine the issue of mens rea or the mental element in crime? Both in common and civil laws, intention to cause the crime is an essential ingredient of the crime itself. There is extremely sophisticated jurisprudence on this issue. I am sure in the centuries of practice of Islamic law this would have received serious consideration.
d. A further issue of concern is the manner in which guilt is determined and the proportionality of the punishment is measured. Again, in both common and civil laws there has been centuries of debate on these matters and some basic principles have become part of the common practice of all courts.
e. What importance would a Saudi Arabian appeals court attach to the absence of legal representation at the stage of the trial? It is now common practice both under common and civil laws to consider the issue of legal representation, particularly in cases carrying serious sentences such as the death penalty, as a very essential aspect of a fair trial. A common or civil law appeal court may set aside the decision of a trial court if it is found that there had been no legal representation for the accused. More and more the courts are also recognising that even if there had been legal representation, if such representation was inadequate, for example, if the lawyer was palpably incompetent, that it is a strong ground to allow an appeal. How are such matters considered within the Saudi Arabian legal system?
f. How does a Saudi Arabian trial or appeal court consider the issue of persons who are aliens to the country, who are unfamiliar with the culture, laws and legal practices of the country of residence? In both common and civil law jurisdictions it is now a recognised duty to deal with such disability on the part of aliens and to provide services which enable them to participate in the trial process with full comprehension and dignity. The failures in this regard would be considered as a flaw in the trial giving rise to a reasonable ground for appeal.
These and several other matters of principle are of much interest to us and we would very much like to be able to have a discussion on these matters with the learned professionals.
SPOKESPERSON
Asian Human Rights Commission
Hong Kong
THIS is with reference to the article, ‘PhDs galore’, by Dr Larik (July 8). Dr Larik has contended that the Higher Education Commission (HEC) should remove the requirement of PhD in appointments and promotions of faculty members in the universities.
The demand of Dr Larik is based on a fundamental lack of understanding of the role of a ‘university’ and a ‘college’. In colleges, the primary task is to impart quality education at an undergraduate level, and research is not normally a priority. The university, however, should not just transfer existing knowledge to the students but it must also create new knowledge, which is possible only through research.
If a faculty member does not have …… process of research training and has generated a questioning approach, that is essential for creative research. At present, out of some 11,000 faculty members in our universities, only about 3,500 have PhD degrees. But things have now begun to change dramatically for the better with access to research grants, provision of digital library, free access to sophisticated instrumentation and a massive programme of sending our brightest students to top universities abroad for PhD studies. The results have been described as ‘spectacular’ with 360 per cent increase in research output from Pakistan in internationally abstracted journals in the last three to four years.
Dr Larik has also suggested that all theses should be archieved. In fact a repository has already been created at the HEC in which all MPhil/PhD theses are required to be deposited. He has also raised the issue of plagiarism and the necessity to control it. The HEC has taken strict measures to stop this menace, since plagiarism should be considered an “academic death”. A plagiarism cell has been created so that all papers published in international journals are checked for plagiarism.
The writer has also questioned the need for courses at MPhil/PhD level. In fact our MA/MSc degrees were equal to BA/BSc degrees because they were being given after 16 years of education. The HEC has now introduced a four-year undergraduate programme and the old 16 years’ master degrees are being phased out with the introduction of the new 18 years’ master degrees.
Once these are fully introduced, the quantum of course work at the PhD level could be reduced. It is pertinent to mention here that the emphasis of the HEC is not on producing a large number of PhDs in our indigenous programme but on ensuring that the quality of PhDs is up to international standards. For this purpose, various measures have been taken that include International GRE (subject) test or its equivalent, additional course work for at least 18 credits, a comprehensive examination, at least one paper in an HEC-approved journal and evaluation of thesis by at least two foreign experts from a technologically/academically advanced country.
Dr Larik has criticised the Higher Education Commission for being too intrusive into the university affairs. It may be noted that all policies of the HEC are developed in consultation with faculty members of the universities. As a matter of policy, the HEC wishes to build university capacity.
SAMINA WAQAR
Director-General HEC,
Islamabad
LAL Masjid story ends with bloodshed and its memories will haunt the nation for ages. In principle, taking on extremists and discouraging forceful imposition of a hackneyed version of Shariah are genuine objectives. It is undoubtedly crucial for our survival as a thriving society.
However, the manner in which this issue was handled by the government, especially, towards the end of the stand-off, leaves a lot of disturbing questions. As the area is still cordoned off and no independent information is being allowed, it creates even more suspicions among thinking minds.
One cannot stop thinking about the extent to which characters and the story itself of Lal Masjid were manoeuvred by 'unknown forces'. Besides, there are deep-rooted issues such as the role of security establishment in devising domestic and foreign policies without even considering repercussions for society.
Use of Islamic militancy as a device in the state polity and foreign affairs is one such thing that has done unimaginable damage.
One general patronises Lal Masjid to plunge the country into a whole lot of youth spawned in militancy and extremism and the other destroys the same to create another generation with retaliated and destructive minds imbued in religious fervour.
I am afraid that the death of Abdul Rashid Ghazi has turned hatred and disregard for the extremists into sympathies even among moderate sections of society.
If we are ready to crush extremists with force, then let's also be strong enough to question the security establishment for what they had been doing in the past. That is to say we should stand for an independent judicial inquiry of the whole drama. Only this can stop us paving our way towards devastation.
KAMRAN HAIDER
Cambridge,
United Kingdom
THIS has reference to the article, ‘It’s time to work out an exit strategy’ (July 7). The writer is a retired brigadier from the education branch of the army. He is not a combatant soldier in the real sense of the word, as he has not gone through the rigors of the training academy.
Anyway that is beside the point. Although there can be no two opinions about the ripening of time of exit strategy for the uniformed president, yet to equate the operation of war with that of national crisis is a gross mischief with the history of warfare.
Napoleon, Hannibal, Alexander and Khalid bin Waleed were recognised generals. They were not commandos, but earned their titles in the wars against their adversaries and not for managing the national crisis.
I cannot disagree with his comments about Ayub, Yahya and Zia but to make favourable comments about the incumbent is yet not maintainable on the threshold of any testing machine. John Macaulay says that only death closes the chapter of one’s assessment.
The credit given by the writer to the uniformed president, as to the CBMs with India, freedom of the media, the doctrine of enlightened moderation, needs to be weighed against the negatives of growing polarisation within and without between the provinces, poor law and order situation, the ever-increasing gap between the haves and have-nots, the shortage of power in the country, the deteriorating relations with the neighbouring countries except China, war-like situation in the northwestern borders of Pakistan and Balochistan, etc. The polarisation between the political parties etc are indicative of some bigger storm.
An idea can only be killed by better idea and not by bullet. We pray to God that a situation of the one faced in the year 1969 are not repeated. All of us do foolish things — but the wiser realise what they do. The most dangerous error is failure to recognise our own tendency to error. That error is a common affliction of authority, says B. H. Liddell Hart.
LT-COL (r) RIAZ MOHIUD DIN
Karachi
THIS refers to the report, ‘78 pc women workers face harassment’, by your Staff Reporter (July 16) and your editorial, ‘Sexual harassment’ (July 18). I fully agree with the reporter’s version that till today there is no legislation against sexual harassment at (the) workplace.
Sexual harassment has, however, been recognised as a crime in the developed countries. For example, in the United States sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. In the United States harassment is a legal term, created for the purpose of ending harassment and discrimination against women in the workplace.
Similarly, in Japan sexual harassment is a recognised crime and dealt with severely. ‘Seku-hara’ is a Japanese slang for sexual harassment. Japan’s first seku-hara case was brought to the court in 1989. Since then there have been hundreds of cases, mostly women suing their employers on the charges of sexual harassment.
According to United States Equal Employment Opportunity Commission (EEOC), there are two legally recognised types of sexual harassment.
a. Quid pro quo sexual harassment: Occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions.
b. Hostile environment sexual harassment: Occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences. The hostile environment sexual harassment constitutes repeated requests for sexual favours, demeaning inquiries and vulgarities, offensive language, offensive, explicit or sexist signs, cartoons, calendars, literature or photographs displayed in plain view, unwanted physical conduct, vulgar comments and jokes, etc.
It is wrong to think that women instigate men and invite trouble for themselves. In short, women are mostly blamed for creating trouble and men are considered innocent. Working women are subjected to sexual harassment at their workplace by their male colleagues, as well as by seniors, especially by their bosses, by using different methods.
Ignoring sexual harassment does not make it go away. Here are a few suggestions that working women can follow to avoid becoming victim of sexual harassment at their workplace:
a. Use your instinct. You are the best judge to know the type of person you are dealing or working with and handle him wisely and tactfully.
b. Do not involve yourself in any personal matter whether related to you or your colleague/ boss.
c. Always adopt an official attitude, be cheerful but not friendly with your male colleagues/boss.
d. If you notice any sexual advances, be sure to say ‘No’ clearly, firmly and without smiling. You must be firm in saying that you are offended.
e. Make yourself aware of the sexual harassment policies and procedures if available in your company or school and make an informal or a formal complaint against the person who harasses you. If no such policy exists in your company / school, even then you report the matter in writing to the management.
To prevent sexual harassment, every organisation, school and college should formulate an anti-sexual harassment policy and procedures. While formulating the policy and procedures, the following points may be kept in view:
a. The policy should be to prohibit sexual harassment in the organisation and setting out a procedure for making complaints.
b. The anti-sexual harassment policy should make clear that the employer would not tolerate any act of sexual harassment in the organisation.
c. The anti-sexual harassment policy and complaint procedure should be made public to all employees.
d. The inquiry committee in cases of sexual harassment should include one or two female members also.
e. The employer should encourage employees to report sexual harassment to the management immediately before it becomes severe or pervasive.
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers should take necessary steps to prevent sexual harassment in their organisation. The law ministry is also urged to make legislation against sexual harassment at (the) workplace as soon as possible.
SQN LDR (r) S. AUSAF HUSAIN
Karachi
IN consequence of the reinstatement of the CJ, the prime minister and his cabinet are facing jaw-dropping humiliation.
The Indian railway minister resigned when there was a train accident. The British PM bowed out for the Iraq issue and the 45-minute claim, as did Mr Rumsfeld and Wolfowitz.
However, in Pakistan the ministers stick to their seats until they are finally booted out.
As the new era has dawned, the heydays of roller-coaster rides in fancy cars and free foreign trips are over. Every official will be accountable for falsehood and loss to the exchequer.
Now as we expect the heads to roll, we realise that the blockhead cubes never roll.
RAFI ADAMJEE
Karachi
WE felt sad to learn of Mrs Arifa Saifee's untimely death. She certainly was in the forefront of the Montessori movement in Pakistan. She worked quietly and behind the scenes, and she made an impact without being loud and high-profiled. Those of us who knew her personally saw and appreciated what she was doing.
Our children went to her Montessori House and we find the genuine Montessori stamp on all of them, thanks to Arifa. The good work she did will be passed on from one generation to the next. It is rare to find committed teachers in this country. It is rarer to find good Montessori directresses. We take this occasion to pay tribute to Arifa Saifee. May her soul rest in peace.
RASHIDA WASTI,
Grimsby (Canada),
SAKINA HASAN and ZUBEIDA MUSTAFA
Karachi
IT was good to hear that the ‘same - sex’ couple was granted bail by the apex court, suspending the earlier verdict by the LHC (June 29). We must not treat humans as animals and that too in the name of Islam. Instead of understanding the couple’s ordeals and providing them counselling, we declared them as criminals. That amply shows our sadistic attitude as a society.
IRFAN ALI KAZI
Sukkur
MY hats off to the policemen who gave their lives to save our Chinese guests! Policemen generally get a bad press in Pakistan, and they are supposed to epitomise corruption. But on several occasions Pakistani policemen have given their lives in the line of duty.
On Thursday, a vehicle loaded with explosives was coming toward the convoy carrying Chinese workers to their workplace in the Hub area with the intention to kill our Chinese friends. However, the driver of the police van noticed the suspicious movement of the terrorist's vehicle and blocked its movement so that it would not approach the van carrying the Chinese workers.
The terrorist blew up himself and his vehicle and in that process killed seven policemen. These policemen deserve to be given special awards for bravery and self-sacrifice in the line of duty. There is no doubt they have been especially motivated by the fact that China is Pakistan's friends and the main purpose behind the attacks on Chinese in Pakistan is to spoil relations between Pakistan and its northern neighbour.
Praise also goes to the security forces personnel who gave their lives to free the mosque of the criminals who had occupied the Lal Masjid and violated its sanctity.
I have never been a policeman, but what motivates me into writing this letter is the policemen's bravery and spirit of sacrifice.
RIZWAN YASSIN
Karachi.
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