| November 11, 2007 | Sunday | Shawwal 29, 1428 |
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Global compact
Essentials of an Islamic state
Unfair elections
Jihad and strategic depth
BB’s house arrest
Women commuters
Proud performance
Dysfunctional phone lines
Self-serving leaders
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
GENERAL Musharraf has declared, for the second time in his tenure, emergency rule and suspended the Constitution. The new PCO has been enforced. The emergency provision has not been proclaimed under the available provisions of Article 232 of the Constitution which are as follows:
‘If the president is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a provincial government to control, he may issue a proclamation of emergency.’ In spite of following the above-mentioned constitutional provisions, General Musharraf suspended the Constitution and enforced the Provisional Constitution Order 2007 in its place.
In his address to the nation, he said emergency provisions had been enforced because the judiciary was crossing its limits and passing decisions beyond its powers. The judicial decisions of certain judges were inconsistent with the decisions of the executive and the legislative body (parliament).
Another reason of invoking emergency provisions is the rising of militant attacks in the country.
As a high court advocate, I think the president’s perception is based on wrong scrutiny of facts. If the Supreme Court pointed out the flaws of the executive and the legislative body, those judicial decisions cannot be considered ultra vires or beyond its limits.
To maintain the balance of power among these pillars of a state, the judiciary shall make a true interpretation of laws made by the legislative body and also consider the correct implementation by the executive. If the SC is not observing its responsibilities and behaves like a dummy, the country cannot progress.
The SC never crossed its limit, rather it always pointed out the flaws either in the working of the executive or the legislature.
The SC, which is terminated under emergency provisions, played a vital role in enforcing the state laws in a true sense. For example, the Pakistan Steel Mills case was decided against the government on the basis of fraudulent privatisation and declared null and void.
For the first time, the SC protected the rights of those politicians who were not in the government. i.e. release of PML-N leader Javaid Hashmi; permitted former prime minister Nawaz Sharif to come to Pakistan even though he was exiled in Saudi Arabia.
Undoubtedly, the decision of the former SC maintained a strong trust in the eyes of the people, but they failed to change the norms of our military rulers. No government official wants a judiciary which is so independent in its decisions.
In view of the strong impact of independence of the Judiciary in the shape of the Supreme Court, the government felt that a pending case, regarding the eligibility of General Musharraf as the candidate in presidential election, may be decided against him and the government may suffer a severe loss and may not get the favourable result in the coming general election.
The matter of militants has been wrongly manipulated by the government itself, only to get support and sympathies from the US, EU and Commonwealth countries. President Musharraf took all action in the tribal areas against the so-called militants only to prolong his tenure. There is a strong concept of jirga where the dispute can be resolved in accordance with the local custom but the government is not showing any leniency in this regard to resolve the dispute.
I assume that in any country or system, no single person has authority to suspend the constitution single-handedly.
SALMAN KAZMI
Karachi
When Mr Kofi Annan was Secretary General of the United Nations, he had introduced the concept of Global Compact, primarily to safeguard the interests of developing countries in international trade competition. As leaders of the advanced industrialized world were planning to put unreasonable restrictions and embargoes on manufacturers from third world countries, Mr Annan came up with the idea of laying down ten principles of Global Compact which were not difficult for them to adopt.
In our country, the Employers’ Federation of Pakistan has taken up the responsibility of introducing and promoting the Global Compact amongst the national companies. So far they have succeeded in getting membership of 50 organizations to the Global Compact Pakistan Local Network. These organizations subscribe to the ten principles which comprise of two principles on Human Rights, four on Labour and four on Environment. Although every principle is equal in importance, those on labour are critical as they relate to the relationship between employers and their employees. These principles from No: 3 to 6 relate to labour rights and are as follows.
Businesses are asked to uphold the freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced and compulsory labour; the effective abolition of child labour and: the elimination of discrimination in respect of employment and occupation.
In Pakistan the labour rights have already been protected under various labour laws which are now in force for many decades. The Global Compact re-emphasizes the acceptance and desired implementation of those rights. Under the prevailing labour laws there are at least 20 rights, which have been guaranteed to labour such as the right of association, right of collective bargaining and right to various benefits etc. At the same time these laws have guaranteed an equal number of rights to the employers such as to determine the strength of manpower required, to determine the level of qualifications and skills for various jobs and to maintain discipline etc.
In view of the above facts both the employers and their employees should keep in mind that one’s rights are the other’s obligation. Hence, a delicate balance has to be maintained to uphold the reciprocal rights and obligations. When this balance is tilted in favour of one it sows the seeds of trouble in that organization which may end up in an industrial dispute. A prolonged dispute may cause so much harm to the business which an employer may not be able to sustain. I hope that companies subscribing to the principles of Global Compact are conscious of this sensitive relationship with their employees and the labour unions.
PARVEZ RAHIM
Karachi
This refers to Mr. Jafar Wafa’s column “Concept of Islamic caliphate” (Nov 9).
I agree with the writer that the Holy Quran does not specify any form of government but would add that it does give the concept of a just society, which should be based on values of justice, equality, compassion, and human dignity.
It emphasizes adl and ihsan (justice and benevolence) and strongly condemns zulm and udwan (oppression and injustice). It accepts the rights of other religious communities to follow their own religion (5:47). It forbids defiling the worship places of other religions (22:40).
It accepts plurality as the will of God (5:48). It accords equal status to men and women (33:35 and 2:228). The Quran, however, refers to a democratic system of governance (through mutual consultation) in verse 42:38.
The Quran prescribes the essentials of a state in verse 22:41, which reads: “Those who, when given power in the land, establish regular prayers and give regular charity and enjoin what is right and prohibit what is wrong.”
The question arises: “what will be the state’s responsibility in respect of non-Muslim citizens?” The Quranic verse neither makes any such distinction nor does it absolve the state of its responsibility towards its non-Muslim citizens. Secondly a general statement of enjoining good and prohibiting wrong needs to fix the state’s responsibility in this regard.
Quranic Laws are addressed to the entire mankind. Read in the total context, the state is responsible to: establish peaceful conditions and ensure freedom of worship for all its citizens according to their faith; allocate adequate funds for poverty alleviation, healthcare, and education; legislate and enforce laws that protect the rights of its citizens, irrespective of their colour, creed, and faith and the rights of the weaker elements of society, and make and enforce laws that discourage crime, discrimination, nepotism, favoritism etc.
FAQIR AHMAD PARACHA
Peshawar
Referring to your editorial (Finally – elections, Nov 9) in your demands of the nation for a free and fair election, you seem to have overlooked the most crucial point without which fair election cannot be guaranteed. This relates to the reinstatement of the judges who were forced out by the illegal declaration of the emergency, or more correctly the martial law.
Those judges have the confidence of the nation that they will deliver a free and fair judgment in any case involving any complain of a misdeed. Without a credible judiciary, the elections will be nothing but a farce.
AKHTAR LODHI
Canada
True democracy is not possible without an independent judiciary and media. The Supreme court and the media must be restored to pre-emergency/martial law status before elections are held. If this is not done, we can say goodbye to free elections and it will be business as usual for corrupt practices by all.
AZMAT ABBAS
Lahore
The second emergency rule by Musharraf is so blatant that it should be opposed by every Pakistani. The explanations provided defy logic and common sense. It is obvious that this was done to escape the impending ruling by Supreme Court on his eligibility to run for Presidency while being Army Chief. My American friends ask me as to what is wrong in Pakistan. I tell them that this is being done to satisfy the enormous ego of one man --Musharraf. It is simply an effort by him to cling to power, no matter what the cost and harm is to the country.
At the same time, the actions of judges of Supreme Court have made me extremely proud. Justices Chaudhry, Ramday, Iqbal and all others who refused to be intimidated by the barrel of gun are the real heroes of Pakistan. They have wiped out and cleansed the stains on judiciary from the prior history of Pakistan. They should walk holding their heads high. They are never going to be forgotten.
ABDUL KHALIQUE
USA
WHILE one shares a sense of loss about the end of peaceful times in the NWFP and the northern areas reflected in Adil Zareef’s article, ‘Nowhere to live, nowhere to return to!’ (Nov 4), one disagrees with some of his contentions.
Referring to what he calls the ‘US inspired and Saudi funded jihad’ in Afghanistan, he has quoted Khan Abdul Ghaffar Khan as having said that it wasn’t a jihad but a ‘fasad’ that would soon envelop the entire subcontinent and then the world.
The writer appears to be a strong supporter of Pakhtun nationalism and has conveniently failed to reflect on a very important aspect of the problem. Ghaffar Khan and his son and political successor Wali Khan were both known to be allied with Moscow, like India, during the Cold War days. The whole trouble in Afghanistan and the two adjoining provinces of Pakistan, viz. the NWFP and Balochistan, resulted from the Soviet invasion of Afghanistan. Military strategists with liberal or religious inclinations have both argued that if the USSR forces hadn’t been stopped across the border, they would soon have rolled down to the Arabian Sea. If the writer wished to be fair, he should have acknowledged these facts.
It was only Moscow’s expansionism that had led it into occupying our neighbour – while eyeing Pakistan as well – otherwise there would have been no jihad and no militancy in the region. Thus, the root cause of all this trouble that has continued to grow, lies in what had been the ideological capital of the left wing nationalists belonging to the two Muslim countries.
Another thing is that the jihad wasn’t inspired by the US but had begun spontaneously, given the proud tradition of the freedom loving Pakhtuns on both sides of the Durand Line of opposing foreign occupation. The US had not expected that these mujahideen would be able to resist the Russians and came into the picture only after a year, when its assessment proved wrong. The same love of independence and guarding of their religion is now behind the Pakhtuns’ struggle against the US led occupation of Afghanistan.
Mr Zareef has also referred to the ideological forces (implicitly including the army) who have been espousing what he calls the ‘strategic depth nonsense’ in Afghanistan for Pakistan. He says about them:
“They have conveniently mended fences with their arch enemy (India) .... There is an endless stream of Indian delegates and dignitaries partying in major Pakistani cities while the NWFP and Peshawar have been rewarded with being turned into the war frontline once again…”
Better ties with India are due to American pressure and not antipathy to the NWFP.
It may be quite a revelation for many Pakistanis to know that some months back an Indian analyst had stated that Afghanistan provides strategic depth to India. While he did not explain how, it is actually quite easy to figure that out. First, the Indian consulates in Afghanistan, located mainly in cities closer to our border are known to be instigating trouble in the two northern provinces, which puts pressure on our military.
Second, groups of Indian commandos could be based across our northern border and used to launch attacks on our strategic assets when required, so as to take the security forces by surprise or divide their attention.
Third, by expanding their influence in Afghanistan, the Indians could proportionately reduce the possibility of there being a very friendly regime in Kabul, as was the case during the Taliban rule, which could effectively provide strategic depth to Pakistan.
Fourth, New Delhi has also been trying to establish close military links with some of the Central Asian states and, under the pretext of helping to train their air forces, wanted to base some of its fighter squadrons at airbases in the region. The only reason for doing so would be to have a presence north of Pakistan, which could enable them to strike our nuclear sites.
I am myself saddened by the violent turn of events in the country and earnestly wish the government would resolve the problems through dialogue, not bullets. However, one must caution friends like Mr Zareef against using emotion rather than reason to analyse the underlying causes and not to drop our guard against hostile foreign forces.
K. NAQSHBANDI
Karachi
It’s very astonishing that after the declaration of emergency Chief Minister Punjab, Chaudhry Pervaiz Ellahi held a public gathering in Gujranwala, Punjab. Later, Chief Minster Sindh, Arbab Ghulam Rahim met a big gathering in Larkana.
The PPP chairperson Benazir Bhutto and her party had announced earlier to hold a rally in Rawalpindi but was not allowed by the government. No warrant for her arrest was issued but the authorities house arrested her in Islamabad and vowed to prevent a rally.
I myself had also been detained at Sindh House, Islamabad. A strong crackdown took place in Islamabad and Punjab and a majority of our seniors and colleagues had been arrested. The government claimed that due to specific information of suicide attack, they didn’t allow them to hold a rally.
If any terrorist activity was expected, then why did the government not take action against terrorists although they were claiming that they had accurate information? It’s not understandable that on one side the government restricted the PPP to not hold any rally due to suicide bomb attack or any extremist activities but on the other hand, the Chief Minister Punjab and Sindh held gatherings a couple of days before.
It only shows a dual standard policy on the part of the present regime.
HUMERA ALWANI
Member Sindh Assembly
Over the past few years, the number of working women has increased and most of them use public transport in order to commute to their workplace. Public transport is also used by students to get to their institutions.
Although there has been a drastic increase in the number of women, the number of seats allocated to them remains the same. Moreover, men stand in their compartment which makes it too difficult for those who are standing in limited spaces since fruits and vegetables vendors’ baskets and passengers’ luggage are also kept there.
The CNG buses, which were imported from abroad had better seating and standing arrangements, have been taken off the roads for reasons unknown. I would request the authorities to look into the matter and at least make sure that the women section is not utilized for other purposes.
SANA YOUSUF
Karachi
EFFORTS made for betterment of the nation, with sacred and sincere sprit of service, fetch fruitful results. Dr Shamshad Akhtar, in recognition of her services rendered during her short span as SBP governor, has been declared the best central bank governor for Asia in 2007 and awarded at an impressive ceremony held in Washington on Oct 19 by John Orchard, managing director of Emerging Markets Newspapers, a part of euro money institutional worldwide.
It is hoped that she would also try to redress the problems of serving as well as retired employees of the SBP and take suo motu action on my pending appeals made to her in the capacity of the chairman, central board of the State Bank of Pakistan.
DR ALI AKBER DHAKKAN
Karachi
WE the residents of Sector No. 3, North Karachi are in great problem as the telephone lines remain out of order, though several complaints have been made at the New Karachi Exchange. No one listens to us.
The fact is that the lineman of the area has disconnected the lines from pole as he wants a monthly payment from each house. The D.E should check the facts after conducting a survey as to how many lines are dysfunctional. All the lines should be restored without delay.
RESIDENTS
Karachi
PRESIDENT Musharraf’s exculpation by referring to the militancy and judicial activism as a threat to the integrity of this country is fragile to say the least. All this happened during his rule and is unprecedented. He cannot absolve himself of the responsibility by imposing emergency.
The president has always castigated the religious extremists for imposing their views forcefully on others, hence calling them obscurantist and rigid. I wonder what has he to say about imposing himself on this nation forcefully and how is he different from the former?
And what about the investment rollback due to emergency which would cause a solid blow to the economy which is the lifeblood of this country. There is no difference in Pakistan of 1990s and Pakistan of the 21st century.
FAHD ABBASY
Karachi
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