Reconciled to expediency

A LAW may be deemed necessary by those who frame it but that consideration alone doesn’t make it right. While questions of constitutionality are best answered by the experts, bad laws stick out a mile and can be identified even by the untutored. The National Reconciliation Ordinance promulgated on Friday is a prime example of a bad law even though it meets the yardstick of enforceability. It favours select individuals or groups and discriminates against others. In the case of NRO 2007, the prime beneficiaries are Ms Benazir Bhutto and her Pakistan People’s Party as well as Mr Altaf Hussain’s Muttahida Qaumi Movement. President Pervez Musharraf also gains indirectly because the ordinance wins him new supporters and rewards existing allies, thereby making his future prospects more secure. While some are favoured, the amnesty’s conviction clause and its 1986 to 1999 time frame have been so devised as to exclude Mr Nawaz Sharif from the list of beneficiaries. By announcing a blanket amnesty for public officials accused of corruption, the country’s taxpayers have been stripped publicly of any lingering hope they may have harboured that the culprits would be brought to justice one day. Spare a thought too for the family members of those killed by political rivals, or the relatives of ordinary citizens mowed down at a bus stop by terrorists toeing the party line. True, pending criminal cases will be reviewed and not dismissed outright. But the political pressure that could be brought to bear on the review boards, especially by organisations with fearsome reputations, may well reduce the exercise to a sham.

How will it be determined that a particular case was framed solely for political reasons? Even if vendetta politics did play a role, that does not necessarily mean that the case was entirely without substance. If a criminal case has been on the books or pending in court for 20 years, the fault for this inordinate delay lies with the investigating agency and the prosecution. In this connection, NRO 2007 also papers over the state’s failure to deliver justice in a timely manner to both the accused and the plaintiff.

Friday’s ordinance is all about personal gain and has little to do with ‘national reconciliation’ — a misnomer in any case because all stakeholders are not on board. The ordinance strengthens the view that crime goes unpunished in Pakistan, and that too with official blessing. This is not the right signal to send to a public that is on the verge of losing all faith in the system. If anything, the corrupt and the criminal will be emboldened further by this get-out-of-jail-free pass handed out by the government in the name of national reconciliation. Nor can analogies be drawn with the truth and reconciliation process that served South Africa well in the 1990s, for the operational term there was ‘truth’. The accused had to confess to their crimes and express remorse, and even then not everyone was given amnesty. What we have is not reconciliation but resignation to expediency. Perhaps the only positive in all this is that in terms of future accountability, elected representatives have been extended privileges similar to those already in place for military officials and members of the judiciary.

Lack of public enthusiasm

SATURDAY’s mixed response to the strike call given by the All Parties Democratic Movement to protest against Gen Musharraf’s election by the sitting assemblies is revealing. Balochistan observed a complete shutdown all across, which can be explained by the general feeling of alienation that the

people of the province have vis-à-vis the rest of the country. Peshawar and some Pakhtoon-dominated areas of Karachi saw a partial strike and protesters clashing with the police; it was business as usual elsewhere. The general indifference seen to the so-called winds of change that the president so confidently says are blowing is disparaging. The French adage ‘the more it changes, the more it remains the same’ seems

to define the public’s muted response.

The street mobilisation seen during the Chief Justice’s quest for reinstatement from last March to July seems but a distant memory. What has gone wrong between then and now is all too evident. The rule of law for which the people had taken to the streets alongside the legal fraternity eludes them, especially when they see amnesty deals offered to some while keeping others out. It is also disconcerting to see that all rules can be cast aside to meet the military’s political exigencies again. The opposition is in complete disarray. For all practical purposes, the APDM is now as dead as the ARD after the surfacing of differences between Fazlur Rehman’s JUI and the rest of the component parties. None of the contesters challenging the president in his bid for a second term was a serious contender; sitting opposition members abstained from voting, others had resigned ahead of the poll. No one imagined this presidential election to be such a lacklustre affair, made doubly so under a Supreme Court order restraining the government from announcing the result for now. Above all else, the failure to lead by either side is to blame for the absence of political participation among the public. The people feel helpless, like poet Faiz did when he wrote the prophetic line: apne bas ki baat hi kya hai, hum se kya manvao ge? (What do we matter, what can we endorse?)

Big screen revival

WITH the ground-breaking ceremony of a state-of-the-art cineplex in Islamabad last week, the cinema culture is poised for a rebirth in the capital after a long hiatus. The mushroom growth of pirated videos and CDs coupled with the emergence of cable television, as well as the lack of a dynamic policy on culture in general, had contributed to the gradual demise of the cinema over the past two decades. The consequent void in entertainment coupled with the demands of an emerging consumer culture has now brought multiplex movie theatre technology to Islamabad. This should give a new dimension to cinema-going: the new multiple-screen cinema house, which will not only show different movies at the same time but will also have a ‘family-friendly environment’ complete with shopping mall, food centre, bowling facility and possibly even a swimming pool, is likely to transform the character of cinema-going from a males-only outing into a family ‘evening out experience’.

The cineplex, which will be screening a variety of Pakistani, Hollywood and other international films, constitutes part of the long-term plan of the Capital Development Authority to transform the culturally drab Islamabad into a model city of multi-ethnicity and cultures. A joint venture between CDA and a newly formed Karachi-based private company, the cineplex in Islamabad will be the first of a series of related projects establishing a new cine city under the capital’s revised master plan. The importance of art and culture for human development and the enhancement of society cannot be overemphasised. Islamabad’s cine city in general and its cineplex in particular could well become the much-needed catalysts for revolutionising not only the film industry but also arts and cultural activities. Better-quality cinemas and audiences will automatically demand quality movies and also give a boost to cultural interests.

The staggering cost of pollution

IN a comprehensive environmental assessment report pertaining to Pakistan, the World Bank talks alarmingly of over 50,000 persons dying in Pakistan every year as a result of pollution and the economy suffering a loss of Rs356bn in the same period.

The loss to the GDP by environmental degradation is six per cent of the GDP amount, while the average economic growth now is around seven per cent, making possible a net gain of only one per cent a year despite the overall growth figures.

Population growth is now an understated 1.8 per cent. That means the net gain per capita is 0.8 per cent or around one per cent so what we are gaining on one hand we are losing on the other. The GDP loss is equal to the outlay of the annual public sector development programme last year which shows the colossal dimensions of the loss or how much more we could have gained had we not had to deal with pernicious pollution problems.

With the population increasing, the environmental degradation in the cities getting worse and squatter settlements springing up everywhere, the outcome can be alarming unless effective and sustainable remedies are found quickly.

There is no time to lose. But the fact is that much of what the report says is not new, only the quantification is new and that may be debatable. In fact, in the 1990s, when Asif Ali Zardari was the minister for environment, the government came up with a very comprehensive report on the state of the environment and the urgent remedies needed. But hardly anything was done to reverse the trend and put the country on safer rails.

It was good that the report was presented to the public in Lahore as it is the headquarters of Wapda which oversees the Indus River system and generates hydel power.

The rivers carry the industrial chemicals downstream to Sindh. When it rains, more chemicals flow into the river and come down. The waters eventually make their way to the sea in the south, rendering seawater even more salty and imperiling certain fish species.

Large lakes in Sindh like Keenjhar are also affected by the inflow of water laden with salt and chemicals. Environmental degradation is varied in Pakistan and includes aerial, water-borne and food-related pollution. The result is that there are many sorts of respiratory ailments and stomach diseases in Sindh. Water scarcity in large areas of Sindh forces the people to consume impure water, the cause of several ailments.

In Karachi many industrialists, by not treating effluents, send these on to the sea making it unsafe for marine life. It has been reported that the Pakistan Navy spends one billion rupees every year to keep its part of the harbour clean. But this is a small sum when compared to the total economic cost of pollution.

The report says that in Pakistani cities, a principle offender is the two-stroke rickshaw. While the government has been trying to eliminate these vehicles, their numbers have been increasing. Many rickshaws are being operated without a licence. They add to the fumes of badly maintained buses and decrepit old trucks. Together these vehicles produce a lot of smoke which is highly injurious to health.

In an effort to get clean and safe water, many people use bottled water. However, tests have shown that few bottling companies are following the rules and that lack of quality control results in even this water being impure. There is no protection against such pollution. Food pollution, too, is common as eatables are exposed to flies and other disease-causing agents. The result is frequent gastroenteritis in Karachi and the interior of Sindh.

Food adulteration is common and worse is the fact that the poor are often treated with impure drugs. So when the first line of protection for the poor fails, the second line of protection too fails — in spite of the fact that food items in Pakistan are priced higher than in other South Asian countries.

It is the duty of the local bodies or local governments to protect the people from pollution and the infections and diseases that this causes. But like everything else regarding the local government, it is more politically preoccupied and least concerned about the protection of the people. This, in fact, hardly seems to be a priority.

With a great deal of fanfare, one ‘gutter bagicha’ was set up and it underwent various trials and tribulations. What Karachi needs is not one of these but at least a dozen so that we can make the city green.

The World Bank report also points out that pollution has affected productivity. It has reduced the output of farm labour by about 20 per cent. A sick industrial worker is all too often absent from work and the output of the factory suffers as a consequence. Hence pollution has a dimension far beyond what is immediately visible and must be combated with vigour and political will.

A sick student is an irregular student. When he is not well, he will not be able to study well.

Having come up with a report on the environment, the World Bank will also be ready to provide the funds to combat pollution. It will be for the government to make the best and most judicious use of it, instead of concentrating on achieving seven per cent economic growth while foregoing six per cent due to pollution.

The government would also do well to launch an extensive campaign to educate the people on the importance of a clean and safe environment. The people should play a full role in creating such an environment, which would be to their own benefit. Aid money should not be wasted like it was in SAP I and SAP II.

Combating pollution is difficult in a country with a large population, especially one that is not given to protecting the environment, as this means too many polluters. The people have to be turned into protectors of the environment, and made to sustain their campaign against pollution and its effects.

Situation leading to political reconciliation

Kawish

THREE days before the presidential elections, two major developments were witnessed, which could affect the political scenario as well as the future course of politics in the country. The first one was a move to promulgate an ordinance granting a blanket amnesty to all politicians and government functionaries who held office between 1988 and 1999 and who were accused in court of corruption but not convicted. Apparently, this amnesty is an attempt by the government at ‘national reconciliation’, but Nawaz Sharif would not be among the beneficiaries. Another development was the nomination of General Kiani as the new army chief, which indicates that Gen Musharraf will step down as army chief following his election as president.

…. Although we have a parliamentary system, it was practically presidential, and now for this office elections are being held. The opposition was showing its cards step by step and the opposition, including the friendly opposition, has given a tough time to the government… Hence the rulers were compelled to set a reconciliatory mood, and they decided to withdraw the cases against opposition leaders, politicians and former bureaucrats.

… Political victimisation had mainly formed the basis of registering corruption cases to keep them away from launching a political movement against the rulers. We see even after 10 years that these cases have not been proved in the courts. These cases provided an opportunity to every new ruler to claim he was honest and to label his predecessors as corrupt.

The withdrawal of cases against the politicians will pave the way for a reconciliatory atmosphere in the country. …it has been done on the eve of the presidential elections while accepting the demands of the opposition, this could have been done much earlier. If this had been done, the confrontation which the country witnessed in the recent past could have been avoided. However, now there should be an end to the political confrontation. — (Oct 4)

Another settlement… demolished

Mehran

THE officials of KDA and the Karachi city district government with the help of 20 police mobiles attacked the 300-year-old settlement of Juma Goth in Ibrahim Haideri, Karachi, and demolished some 50 houses.

One villager was killed while 10 others were injured in police firing when the villagers tried to protect their shelters. …The action of the…government was deplorable as it touched a very sensitive issue, which may once again cause linguistic riots to flare up in the city.

… Earlier too, over a dozen old settlements were demolished by the KDA and the city district government…and the demolition of Juma Kalmati Goth is seen as a continuation of the same plan. Some months ago, when the city district government demolished some villages in Karachi, as chief executive of the province the Sindh chief minister had held the assurance that no such action would be taken in the future.

But the assurance of the chief minister proved hollow when once again the city government and KDA bulldozed 50 houses in Juma Kalmati Goth in violation of the chief minister’s directives.

… It appears that the KDA and city government enjoy the backing of some influential hidden hands; hence they are violating the directives of the chief executive of the province. It is strange that there are hundreds of katchi abadis constructed illegally, but whenever KDA and the city government choose to demolish some settlement, it is always some goth of indigenous people who had been living their since pre-partition days or since centuries… This is a discriminatory attitude towards the locals and the Sindh chief minister and other higher authorities should take note of it and ensure that the local people should not be disturbed in the name of development. — (Oct 5)

— Selected and translated by Sohail Sangi