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DAWN - the Internet Edition


November 27, 2007 Tuesday Ziqa’ad 16, 1428


Editorial


Wheels within wheels
Why the rush?
Federal High Court
The charity scandal that rocked France
OTHER VOICES – Sindhi Press



Wheels within wheels


WITH Mr Nawaz Sharif also back home, the presence of two former prime ministers should make the January election credible if both are allowed to take part in it. On Saturday, the APDM announced its decision to boycott the election, though Maulana Fazlur Rehman’s unilateralism has deprived the boycott resolution of unanimity. The APDM’s decision is linked to the acceptance of its demands, most of which are based on common sense and deserve to be accepted if the electoral exercise is to be meaningful. With the Oct 6 election results notified, one hopes that, following his expected induction as a civilian head of state on Thursday, President Musharraf will help end the stifling atmosphere by lifting the emergency and withdrawing the Provisional Constitution Order. That will automatically mean a restoration of the 1973 Constitution as demanded by the APDM. Their fourth demand — that all political prisoners be released — hardly needs to be discussed. All political prisoners, lawyers and journalists must be released immediately, for their arrests constitute a gross violation of human rights, which regrettably remain suspended. In addition to those already incarcerated, the Punjab administration rounded up hundreds of PML-N workers on the eve of the Sharifs’ return to Lahore on Sunday. That did not in any way dampen the Sharif supporters’ zeal to give their leader a rousing reception. This holds good for the larger picture, for the continued detention of political prisoners will be of little help to the PML-Q, while it will provide the opposition with more fuel for its fire. The fifth demand, regarding the reinstatement of the pre-Nov 3 judiciary, has merit, but it is obvious that President Musharraf is unlikely to demolish the legal basis of the post-Nov 3 political structure whereby he was able to get himself notified as elected president and rule for five more years.

Some issues have confounded the nation: for instance, one does not really know where Ms Bhutto and Mr Sharif stand with regard to the election and their attitude toward President Musharraf. Are they both hiding something from the people? The ‘deal’ is no more Benazir-specific. It is time they stopped prevaricating and let us know what their basic, minimum demands are for participating in the elections. As for the government, no one can decipher the wisdom behind its policies: it allowed Ms Bhutto to go through Karachi in triumph but banned PPP processions in other cities, and the caretaker government in Punjab gives Mr Sharif the same right in Lahore but it is unclear whether he will be allowed similar freedom in other provinces. What is the logic? Is this an attempt to downgrade the two mainstream leaders’ following and reduce their area of influence?

The Jan 8 election will be a farce if the emergency remains in force and the curbs on the media are not withdrawn. The pro-Musharraf caretakers can still salvage their honour and establish their credentials as neutral if they organise a truly fair and transparent election. Notwithstanding the opposition’s foibles, the onus lies on the military-nominated government to pave the way for the restoration of democracy and the return of the rule of law and the people’s sovereignty.

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Why the rush?


THERE are disturbing reports that the government is in the process of amending the Drugs Act 1976. Yielding to the pressure of the powerful multinational pharmaceuticals lobby, the health ministry will grant data exclusivity to drug manufacturers for an unspecified period. The argument put forward in favour of the amendment is that it is necessary to bring our laws in line with the trade-related intellectual property rights agreement (TRIPS) to which Pakistan is a signatory. It is also argued that such a move would weed out irresponsible drug companies marketing substandard medicines in the local market. It is not clear why the government is in such a rush to comply with TRIPS when none of the other Saarc countries have adopted this amendment. A number of other major Third World countries, notably Brazil and Argentina, that stand to suffer from this move, have also stayed their hand. Were this measure to be adopted it would have a negative impact on the local pharmaceutical industry that has only now begun to gain some strength. Lacking the financial resources and expertise to invest in major primary research, local manufacturers have relied on the expired patents of the multinationals to develop their own products indigenously. It is gratifying to note that the share of Pakistan’s pharmaceutical manufacturers in the local market has increased from 30 per cent in 1992 to 48 per cent today. Their contribution to export has also risen significantly and is expected to cross the one-billion-dollar mark next year. It would not be wise to put strain on it at this juncture.

The argument that the amendment to the Drugs Act would check the supply of spurious drugs in the market holds no water. The responsibility to check the suppliers of spurious drugs rests with the government that has failed to do its job mainly because of corruption, apathy and inefficiency, and not any loopholes in the law. There is no link between data exclusion provisions in the Drugs Act and the supply of spurious medicines. Were the government to spruce up its drug-inspection mechanism, the menace of fake medicines would be checked. Any changes in the law as is being contemplated would only help to boost the prices of drugs, making them even more inaccessible to the poor. The issue must, therefore, be thoroughly debated before a final decision is taken.

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Federal High Court


UNDER normal circumstances, the establishment of the Federal High Court would have been a welcome move, this having been a longstanding demand of both the public in the federal capital as well as the Islamabad District Bar Association. The absence of a high court in Islamabad all these years meant that the city’s citizens seeking legal redress in a high court and the city’s lawyers wanting a good practice had to fall back on the Lahore High Court’s Rawalpindi Bench. But is this the right time to fill the judicial void in Islamabad, particularly when the country is under a state of emergency and citizens’ rights have been suspended under the Provisional Constitution Order? Besides, issuing a presidential decree under the PCO, viz. the Constitution (Amendment) Order 2007, which the president did last week to establish the Federal High Court, is not what is generally accepted as the proper procedure for creating a new institution.

This move is a constitutional matter requiring a constitutional amendment. This should therefore have been prepared and worked out by an elected government — with input and support from the judiciary and the bar — and then enacted by an elected parliament. As the situation stands today, there is neither an elected government nor an elected parliament in place, and neither is the bar — with its members either in jail or on the streets — available for consultation. In such an environment of political and legal uncertainty, the public has every right to question both the urgency for and the intention or objective behind the creation of a new high court right now. Islamabad has been doing without a high court of its own for so long, and the previous government and parliament had a five-year tenure in which to enact the appropriate legislation and establish the Federal High Court, which they did not. They could have waited a bit more.

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The charity scandal that rocked France


By Zafar Masud

IN south eastern Chad, squarely at the Sudanese border along the Darfur region, sits in the hot desert a small town called Adré. Not far from it is another dustbowl of a place named Abéché.

The Darfur conflict that broke out four years ago drove some 250, 000 displaced persons into refugee camps around these two towns. By end 2005 Adré itself was attacked by Janjaweed militias who were at the root of the conflict in the first place. This created another spate of displaced persons (DPs), this time local.

From then on Abéché abruptly was a blinking hotspot in the desert, especially since the UNHCR decided to camp its regional headquarters there. With that started rolling in charity groups in Toyota Landcruisers. As opposed to the European imperialists of yore who had favoured white suits and solar hats, the humanitarians of our times are attired in jeans, sandals and baseball caps. They can also be distinguished by their frequent whipping out of cell-phones and their chatter of a million dollars here and a million there.

While their predecessors often died under the blazing African sun doing challenging jobs like building railroads and digging canals, victims of malaria, sleeping sickness and machete wounds, the humanitarians dash to a Paris or London hospital at the slightest suspicion of infection. More importantly, their heroics are covered by round-the-clock TV networks!

An excited exchange of phone conversations in Abéché on the morning of Oct 25 between members of a French charity group named Zoé’s Ark (curiously registered in Chad as Children’s Rescue) had to do with bundling a group of 103 Darfur orphans in a chartered Boeing 757 and flying them off to Reims in France. Overheard by the locals, the news spread like wildfire all over the town and resulted in a raid by the police who recovered the children, most of them heavily bandaged around heads, necks, arms and legs. Any doubts that still lingered were quickly dispelled by a succession of amazing discoveries. The bandages were fake and none of the children was injured. Most were Chadian and not Sudanese as claimed, and practically nobody was an orphan. All, 80 boys and 23 girls, were in perfect health!

The 10 members of the charity (six French and four locals), plus the Spanish crew of the chartered flight and three French journalists who had accompanied them were handcuffed, charged with child abduction and placed behind bars. The revelations shook up France.

More came cascading down, avalanche fashion. Eric Breteau, the spearhead of the Ark, had revealed his quixotic plan of airlifting as many as 300 children from the region in July this year to Rama Yade, the Senegalese-born French Junior Minister for Foreign Affairs whom President Nicolas Sarkozy had proudly presented recently to President George Bush as “my Condoleezza Rice”. The madcap project didn’t impress Quai d’Orsay and Breteau was advised to forget about it, the sooner the better. This probably was the reason the charity changed its name when it finally decided to go ahead with its idea despite official French disapproval. Things took a turn for the worse when the next day President Idriss Déby of Chad visited the centre where the children were housed in Abéché and openly spoke of a paedophile, human organs racket. Chad media harked back to the good old colonial days when young African boys were picked up, brought to orphanages to undergo military training and used as cannon fodder during conflicts when they grew up.

The French are still debating whether the Zoe’s Ark-Children’s Rescue operation was a sinister, cynical adventure for the sake of profit or just a show of neo-colonial bravado impervious to local values. More facts came to light as the charity’s activities were investigated in France. Playing on the sensitivities of mostly retired people who have all the time in the world to watch the incessantly repeated images of misery in Africa on 24-hour television channels and to constantly feel guilty about it, the NGO had approached hundreds of them.

“Initially,” one of the victims of the swindle told Le Figaro magazine, “we were asked to pay 90 euros per head to become members of the charity; they were back pretty soon asking us to pay another 1,400 euros that they had figured out would cost for the “evacuation” of each child. Smelling a rat I refused and told them I was quitting the Ark. From then on I am still getting insulting email qualifying me as a criminal.”

As far as the French Left is concerned this is all the fault of President Nicolas Sarkozy and his government. Hints were also dropped that it was time to send French army helicopters in a lightening commando strike and have the Ark people freed and brought home as soon as possible. Sarkozy had his own ideas.

True to his reputation of the fastest moving object in Europe, he flew personally on the morning of Oct 4 into Ndjamena, had a quick discussion with President Déby evoking a long-forgotten 1976 legal cooperation accord between France and Chad, addressed a news conference on the spot, had four Spanish air hostesses and three French journalists released, had everybody embarked on the presidential flight, dropped the hostesses at Madrid airport while sharing a hasty cup of coffee with Prime Minister José-Luis Zapatero, and was home with the three French journalists by midnight. Whew! The militant Trotskyite daily Libération paid a grudging tribute by headlining the story: “Hop onto Sarko Airlines flight…”

Though everyone agrees not all the NGOs are scams, many working in African countries either do not know or don’t care about local customs or sensibilities. The Zoe’s Ark crowd in its self-righteous arrogance obviously forgot that there is no concept of an orphan in Africa and that children who have lost one or both parents automatically become part of the extended family. It was probably haughtiness also that led the group into the impossible imbroglio it finds itself in today.

Three more Spaniards belonging to the crew of the chartered flight and the Belgian pilot were later released but the Ndjamena government is determined to keep the six French charity workers and four Chadian nationals in jail and try them according to the local law. That means, theoretically at least, up to 20 years in prison on the charge of trying to abduct children.

As Rama Yade curtly told a particularly quarrelsome Socialist parliamentarian during a National Assembly session: “Africa of daddy’s days, Monsieur le député, is over!”

The writer is a journalist based in Paris.

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OTHER VOICES – Sindhi Press


Release of political leaders a laudable step

THE release of over 300 people, who were arrested when the state of emergency was proclaimed in the country, is a laudable step. Whatever the reason may be which led to the imposition of the emergency, one thing is clear that it is an extra constitutional measure. The emergency and the consequent restrictions have never been popular with the people. The government may have its own point of view, but the restrictions were not approved by the world community either, as is clear from the recent press conference of the American deputy secretary of state, Mr. Negroponte.

On the other hand, protests calling for the restoration of the constitution, the independence of the judiciary and freedom of press continue. This situation has led to the emergence of an alliance between lawyers, journalists and other sections of civil society, which has further strengthened and bolstered their demands.

This proves that restrictions and arrests are hardly solutions to our problems. The crisis can be best handled by addressing the basic issues, which in the first place prompted people to take to the streets.

After the announcement of the election schedule, the election process has been launched. This calls for a tension-free atmosphere which can be promoted by revoking the emergency and lifting all restrictions. This would further create conditions conducive for electioneering. This is important for the credibility and authenticity of the polls. We hope the government will consider this demand. — (Nov 23)
Hilal-i-Pakistan

One more constitutional amendment

AN executive order issued by President Musharraf further amending the 1973 constitution would give constitutional cover and validate actions taken during the period of the emergency and the Provisional Constitution Order. This means, the proclamation of emergency and all decisions made thereafter by President General Musharraf would not be questioned in any court of law or forum.

We have a track record of constitutional amendments, ordinances and martial law violations of constitutional provisions in the last 60 years. The point is: what has the nation gained from these negative traditions. History tells us that these had never proved beneficial for the system nor for the country.

Quite strangely, today people are told that democracy is harmful for the country. If seen in the wider perspective, one would realise, this is not a matter of direct concern to democracy or national unity.

It is as a matter of fact an issue that serves imperialist interests and promotes the cause of the dominating classes. The constitutional amendments, martial law, emergency, have been instruments to promote the interests of imperialists and the ruling classes.

This country and its people need relief. The only option for the survival of this country and its people lies in a democratic system, which could pull it out of the present crisis and ensure not only its prosperity but also the unity of the country.

— (Nov 23)
Awami Awaz

— Selected and translated by Sohail Sangi

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