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DINA
DAWN - the Internet Edition


August 28, 2007 Tuesday Sha’aban 14, 1428


Editorial


Hyderabad blasts
Privatisation for the people
Unlawful detention
Chicken soup
OTHER VOICES: Indian Press



Hyderabad blasts


ONE fails to find the words to express one’s anger and sorrow at the series of bomb blasts that killed at least 43 innocent people in the southern Indian city of Hyderabad on Saturday. This is the second — and a more serious — case of terrorism in that city in three months. The last incident was a blast in a mosque in May that killed 11 people, sending shock waves throughout the region. For those carrying out these heinous acts, human life is not sacred, though one does not know what they hope to achieve by killing at random. If the idea is to destabilise society and spread panic, the killers do succeed in doing that in the immediate aftermath. But in the long term the terrorists only strengthen the resolve of governments to fight violence with all the resources they have. The problem with incidents of violence of this kind — apart from their human dimension — is the implication it has for India-Pakistan relations. By hastily pointing a finger at the ISI and “terrorist organisations based in Pakistan and Bangladesh”, the Andhra Pradesh chief minister did not serve the cause of good relations between the two South Asian countries. After all no evidence is yet available as to who the criminals behind the carnage were. Mercifully, the central government in New Delhi refrained from levelling similar charges.

Both India and Pakistan now agree that terrorism is a problem that can hurt both of them equally. In recognition of this fact they set up the Anti-Terrorism Mechanism subsequent to the summit meeting between the Pakistan president and the Indian prime minister last September in Havana. One hopes that New Delhi and Islamabad will activate the ATM to investigate the Hyderabad blasts. This mechanism provides the two countries with an institution for fighting terrorism, sharing intelligence, identifying sources of mischief, exchanging lists of wanted persons, developing counter-terrorism measures and, in specific cases, fixing responsibility to bring criminals to justice. Why the ATM has been allowed to remain dormant since March when its last meeting was held is not at all clear. If the ATM is activated at this point in time it will not only facilitate the investigation process to determine who is behind the Hyderabad blast. It will also serve as a confidence-building measure while helping to eliminate the menace of terrorism.

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Privatisation for the people


ENCOURAGED by the successful initial public offering (IPO) of Habib Bank shares, the Privatisation Commission board decided last week to continue offloading more shares held by the government in state-run business units through local stock exchanges. Habib’s IPO was heavily oversubscribed by investors, despite some negative developments casting shadows on the capital market. IPOs form the core of the ‘privatisation for the people’ programme under which shares are offered for ordinary investors in small affordable lots. Given the political sentiments against the sell-off of strategic national assets and profitable units and the recent Supreme Court decisions in the case of Pakistan Steel Mills and Pakistan State Oil, IPOs and global depository receipts (GDRs) are, for the time being, becoming the more acceptable mode of privatisation.

The ADB has also strongly reiterated its advice to the government to privatise major state enterprises through IPOs. In fact the sell-off of state units should begin by the listing of government companies at the stock exchange. Thus the state-run companies would have to comply with the Code of Corporate Governance to make their financial performance more transparent and ensure their privatisation at their real market value. This would do away with the criticism of selling the family silver in a non-transparent way and at questionable prices. As the capital market lacks depth, there is excessive speculation and volatility in stock prices which could be curbed by listing of more scrips. The number of companies on the Karachi Stock Exchange has fallen from 726 in June 2000 to 658 in June 2006 and the trend is continuing because of regulatory hassles and the absence of tax incentives for private companies to go for listing. The official rationale for encouraging big firms to access the equity and debt markets and to reduce bank borrowings may be sound but this has not happened. The mutual fund industry is not developed enough to bring any significant benefit to smaller investors.Currently, the local stock market is in turmoil because of security concerns, political uncertainty and the not-so-positive outlook for inflows of foreign portfolio investment. IPOs by state enterprises can cheer up the investors. These may be preferred choices for the present, but it needs to be ensured that increasing foreign investment does not create imbalances in the economy. The first priority should go to the ‘privatisation for the people’ programme, with follow-up action for its effective implementation.

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Unlawful detention


FOR some time now, the issue of missing people presumed to be arbitrarily arrested by the intelligence agencies has tended to overshadow a related trend: the illegal detention of citizens by the police without recourse to the legal process. While the former category of detainees includes many who are suspected of being involved in anti-state acts stemming from extreme nationalist and religious beliefs, the latter are generally ordinary people with no known or alleged links to subversive activities. Both kinds of arrests are equally reprehensible. However, while there is a strong movement for exposing the misdeeds of the intelligence agencies by the relatives of the ‘disappeared’, there has been far less focus on illegal detentions by the police.

There are ample safeguards contained in the Constitution which forbid such arbitrary arrests and make it obligatory for the detainee to be produced before a magistrate within 24 hours of his arrest. Unfortunately, this is disregarded as indicated by reports in the media and statistics compiled by human rights groups. Ironically this scourge is recognised by the Police Order 2002 that stipulates imprisonment and a fine for any officer guilty of “unnecessarily” detaining or arresting a person. Even various district police websites contain information on what to do in case one is illegally confined. However, the public safety commissions that are supposed to address such concerns are largely non-functional. In their absence, and given the ineffectual role of the local administration in protecting citizens’ rights, the police have a free hand, strengthened in feudal fiefdoms where officials are at the beck and call of the landlord. Not only are people arrested without being served a detention order and held indefinitely in the police lock-up, they are also tortured and it is in this way that false confessions are extracted. With the courts now more proactive than before, there is hope that detainees will be provided relief, as in the recent case where the Larkana circuit bench of the Sindh High Court fined a district police officer for wrongfully detaining two persons. It is also time for the media and civil society organisations to pay greater attention to the excesses being committed by the police. Since such atrocities are taken for granted the police have no qualms about violating every rule with impunity, knowing full well that in most cases, they will themselves escape the clutches of the law.

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Chicken soup


By M.J. Akbar

FRUSTRATION is unprofessional in a government servant. It is a gesture of personal peeve, contrary to the ethos of governance, which must at all times be an expression of collective will.

There are some unusual occasions that become even more demanding, as in the case of the Indo-US nuclear deal, when a decision must be raised above the limitations of executive authority and sifted through a national consensus, for it commits the nation to a course of action stretching ahead through four or five decades.

Ronen Sen, India’s ambassador to the United States, has sullied a long and distinguished career by an uncharacteristic outburst that reeks of personal frustration. Whether he will enter the history books remains to be seen. But I fear that his description of the deal’s critics as “headless chicken” will enter that vast vault in which the foreign ministry’s memory bank is stored.

Sen did little for his reputation by compounding his mistake with a clumsy lie when he “clarified” that he was referring to the media rather than MPs. Most of the media has in fact been supportive of his deal, and, in Sen parlance, the greater proportion of journalists thereby fall into the category of chicken with head. In any case, journalists cannot stop such a deal. Members of parliament can.

An interview, particularly one which has the stamp of a command performance, often reveals far more than it sets out to convey. The discerning try and read between the lines. But it is also useful to read behind the lines, into the mind of the nabob giving the interview. Stress and vehemence, for instance, are clues to motive or a hint towards the next step being taken. The Ronen Sen interview should be read carefully for reasons other than the use of an unhappy phrase.

There is by now a familiar pattern in pro-deal arguments that breaks down with a little analysis of in-built contradictions. I shall give only one example. Sen asserts that every concern about guaranteed nuclear fuel supplies has been met. He then goes on to stress that the Hyde Act, signed into American law by President George Bush, will govern American decisions. (We have accepted this qualification in the 123 Agreement).

The Hyde Act clearly specifies that fuel supplies will be conditional upon clearance from the American Congress, which will require a certification of good behaviour by India across a range of issues.

It is possible that the government might float another line (already put into limited circulation) during the debates in parliament: that a bilateral treaty takes precedence over American domestic law. This is self-deception, to use the kindest phrase. If this is true, why was the law needed in the first place? The government of India has repeatedly characterised Hyde as the “enabling legislation” on the deal, which of course it is.

After the 123 Agreement was signed on July 23, 2007, Nicholas Burns, under-secretary of state and the chief American negotiator, said, on the record, that “we kept reminding the Indian side, and they were good enough to negotiate on this basis, that anything we did had to fall within, and respect, the legal guidelines that Congress had set forth”. Those legal guidelines are what is known as the Hyde Act.

Negotiators on both sides are agreed, and have said so publicly, that the agreement must live within the parameters set by Hyde. Delhi has said that no provision of the Hyde Act has been breached in the agreement. How many more times do we need to hear such plain language in order to understand their import?

Sen also rules out any renegotiation of Hyde. This “cannot even be considered”. If nothing can be altered then it makes a nonsense of the government’s current argument that the next stage of discussions, in Vienna with the IAEA and later with the Nuclear Suppliers Group, should be allowed to proceed while the Left’s concerns are addressed. The Vienna talks are in fact an operationalisation of the 123 Agreement, since they are a consequence of its provisions. The outcome of these talks will be amicable, since that is pre-arranged.

Perhaps the most revealing part of this interview, done by Aziz Haniffa, is the section in which Sen’s name does not figure.

The interview is divided into two parts. In the first, Sen is quoted directly. Then, mysteriously, the quotes are attributed to “senior diplomatic observers”, named once in the plural and once in the singular. These “senior diplomatic observer/s” are happy to be quoted, but very nervous about being identified. Why? Will they be imprisoned in Guantanamo because they are saying that no future government can abrogate this deal?

Why were their quotes added to a Ronen Sen interview? Would it be wrong to surmise that these quotes came from Sen as well, but he requested that his name be kept out since he was being critical of a particular political party, and calling its position a “childish tantrum”?

This unnamed but very senior diplomatic “observer” named the BJP, but he should have been even more wary of the Communists. It is their opposition that has stopped the nuclear deal. The government made a serious miscalculation in its reading of the Left. Just because the CPI(M) supported a Congress-led government three years ago, it did not mean that the CPI(M) had become a wing of the Congress.

The CPI(M) remains an ideological party, and there is a limit that it cannot cross without compromising its raison d’être. The Left’s concern extends to the “strategic partnership” that is being developed by this government with the United States.

What is interesting is the belligerence with which the “senior diplomatic observers” condemned any thought of the deal being abrogated by a successor government.

This fits in with the latest strategy being pursued in some circles of the Delhi government.

The thinking is that Dr Manmohan Singh should go ahead and sign the deal even though he has lost the support of the Left on this issue. The alliance with the Left is dead for all political purposes, so why become hostage to its demands? However, there are still two stages of negotiations left before the deal can be inked. They can be hurried through with American assistance, but it will still need time, perhaps eight weeks or so.

Till then, the Left needs to be placated, or hoodwinked, with the argument that these interim discussions do not amount to an operationalisation of the deal. The Left has set the condition that it will withdraw support only when the deal becomes operational. The deal will become operational, it will be argued, with various degrees of ingeniousness, only when the prime minister of India signs a document either with Bush or the American secretary of state Condoleezza Rice.

The worst that the Left can do at that stage is withdraw support, but the Congress will be ready to go to the country on the strength of this “achievement”. The prime minister is convinced that he will obtain nationwide support for the partnership with America, and that he can lead his redesigned coalition back to power after an early general election.

Further, he will not be hampered by leftist baggage in the future. In any case, since no future government can renegotiate what has been signed, the deal will survive even if the present government does not.

India was shining for the last government. America is shining for this one.

The writer is editor-in-chief of The Asian Age based in New Delhi

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OTHER VOICES: Indian Press


Terror, again

THEY have struck again, this time in Hyderabad. The victims, like in any terror attack, are people who have nothing in common with mindless and heartless executors of mass murder. It is not clear who were behind the bomb blasts. What motivated them is also unknown. The only certainty is the attacks were meant to strike at the foundations of civil society.

Outrage is a natural impulse in such circumstances. But it is of little use if it is not guided by a determination to resist. Acts of terror, whether in India or elsewhere, are now part of everyday reality. And terror, as we witness it, has no boundaries. The grievances, real and imaginary, that fuel a terrorist’s cause may vary in each instance of terrorism. However, there is a common principle at play in every such attack, be it religious and nationalist extremism or Maoist violence. The design is to damage severely the democratic way of life.

It is time to stand up to extremism of all shades. It is not enough for the government, after every act of terror, to proclaim that national security is of prime importance. It must be seen to do what it takes to secure life and liberty for citizens of this great democratic republic. Dealing with terror requires collective effort and apportioning blame can be self-destructive. It is imperative that we unequivocally speak up in defence of liberal values, irrespective of our political inclinations, and openly oppose every ideology that seeks to reclaim an imaginary utopia or wants revenge for fanciful past wrongs. Dissent has place as well as several legitimate forums for expression in any civilised society. Violence does not. — (Aug 27)

Times of India

Officers, not gentlemen

DHAKA and many other cities of Bangladesh appear to be returning to normal after an intense bout of student violence and government crackdown last week. It is unlikely, however, that the caretaker government backed by the army will recover its credibility any time soon. When it took charge in January this year and postponed the general elections, the caretaker government offered a welcome relief from the mindless confrontation between the two politicians — Khaleda Zia and Sheikh Hasina.

Since then, the caretaker government has fallen into the familiar pattern of military-sponsored political coups around the world — a short political honeymoon followed by a long period of disillusionment as the new establishment loses the plot and begins to misrule. The suspension of constitutional politics works only if the pause is brief and utilised for a limited set of objectives. But in biting more than it could chew, stretching out the roadmap for restoration of democracy, and proscribing all manner of political activity, the army has put itself into an inevitable confrontation with the civil society in Bangladesh. That the army now has to violently put down student protests, arrest university teachers, muzzle the press, and slap cases against thousands of unnamed citizens indicates the moment of truth is at hand for the caretaker government.

The army leadership needs to step back and take a deep breath. Resisting the temptation to impose a martial law and sink the nation into a deeper quagmire, it must announce early elections. For the army and the caretaker government have demonstrated they neither have the competence nor the moderation to make the January coup a success.— (Aug 27)

Indian Express

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