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DAWN - the Internet Edition


April 21, 2008 Monday Rabi-us-Sani 14, 1429


Editorial


What law for Fata?
Corporate deception
Great expectations
OTHER VOICES - North American Press
Politics of educational reforms
Caveat in the judiciary’s restoration



What law for Fata?


THE demand made by a Taliban leader for ensuring ‘a lasting peace’ deserves to be noted. Speaking at a jirga, held at Khar in Bajaur Agency, Maulvi Faqir Mohammad demanded the removal of President Pervez Musharraf, a change in foreign policy and the abolition of the Frontier Crimes Regulations if there were to be peace in the area. While the first two demands have implications for the country, the one concerning the FCR has a direct bearing on the future of the Frontier region. Maulvi Faqir Mohammad is not the first person to demand the FCR’s abolition. Others have also made a similar demand but have been careful about how to go about it so as to ensure that there is no legal vacuum and the FCR’s abolition does not lead to chaos. In his very first speech to the National Assembly, Prime Minister Yusuf Raza Gilani promised to abolish the FCR but was criticised, among others, by Maulana Fazlur Rahman and the ANP leadership.

A law that is more than a century old cannot be abolished with the stroke of a pen unless it is suitably amended or replaced by a new set of laws that take into account the changed political and social realities in the tribal region and have the people’s approval. Maulvi Faqir wants the FCR to be replaced by the Sharia. He threatened that if the government did not enforce the Sharia the Taliban would do so on their own. It is not clear what legitimate authority Maulvi Faqir and the Taliban leadership have to bring about changes in the laws and replace them with the Sharia. The Taliban do not represent the people of Pakistan, whose intrinsic part Fata is. In fact, the Taliban do not even represent the majority of the Pashtun and others living in the Frontier region, because as the results of the general election show the majority has voted for the moderate parties. The Feb 18 vote can thus be interpreted as a vote of no-confidence in individuals and parties supportive of suicide bombings that kill innocent men, women and children. The death of hundreds of people and the displacement of thousands of families in Swat because of the activities of men like Maulana Fazlullah show how self-styled champions of the Sharia can bring misery to the people.

The demand for a quick-fix Sharia is not without grave social and political problems. To begin with, Fata cannot have a separate law while the entire country has another. This duality will add to the legal confusion, because already the legal system is a potpourri of the British era laws, Ziaul Haq’s ‘Islamic laws’ and the many martial law regulations which have been given protection by the Constitution. Fata has a distinct personality of its own. But the solution to its problems lies in integrating it with the rest of the country through economic development and by spreading education and modern democratic values.

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Corporate deception


WITH over five million subscribers on its rolls, one would have expected a commercial entity to behave with at least some semblance of civility and corporate courtesy. If the events of the past few months are anything to go by, Pakistan Telecommunication Company (PTCL) is certainly not interested in such trivialities. If done in a proper way, the modernisation it is undertaking and the new facilities on offer would have been appreciated. But these cannot be imposed on the clients — that too at a price. Worse still, the PTCL does not bother to inform its clients what they are being charged for and how much. The latest decision is the biggest and the rudest shock of them all; thus far, that is. There are valid grounds to question the logic itself behind the decision to revise the local call pulse duration from five minutes to two for peak hours and four minutes for off-peak hours.

But the bigger worry is about the highhandedness that has been put on such blatant display by the PTCL which implemented the decision on April 1 without making even a token announcement to this effect. The advertisement campaign launched last month only invited people to opt for one of its two packages or to get shifted to the third one automatically without telling them what the customers were getting into. Those who did opt for either of the packages may have had some inkling because one of the clauses on the tariff card did mention the decision. But what about the millions who were automatically shifted by the PTCL to the third package? By spending millions on the misleading campaign comprising half-truths, the PTCL has made its intentions clear; it is out to earn profits even at the expense of corporate ethics. Such conduct has become the PTCL’s norm since its privatisation. It first imposed a call waiting ‘facility’ on the subscribers without giving them any option. That was followed by the so-called Pakistan Package. And now the latest shock. The regulatory body, the Pakistan Telecommunication Authority, has strangely turned a blind eye to the whole episode. When it considers its job done by putting an announcement on its website, it simply expects the consumers to access the website daily to check what call rates are being charged. That is bizarre. Having retained about 60 per cent shareholding, though it has no management control anymore, the government also cannot absolve itself of its responsibility in the matter. It certainly needs to be in urgent communication with the Etisalat management.

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Great expectations


IT is not surprising that prisoners, as reported in this paper, should have high expectations from this government in changing their lot; especially prisoners who were once cellmates of the prime minister when he was incarcerated at Rawalpindi’s Adiala Jail. After all, no other government has ever comprised so many leaders who have experienced life behind bars. This not only includes the prime minister himself but other top leaders of the two major ruling political parties. Who better than them would know about the kind of living hell our prisoners, convicted, awaiting and under-trial, are subjected to within the four walls of their cramped, spartan cells? Deprivation and abuse aptly sum up life in our jails which are crowded beyond belief. Limited and poor facilities are only one side of the picture. Worse is the abuse by jail officials in the over 80 jails across the country housing some 95,000 prisoners. Despite two major national jail reforms in 1972 and 1997 our prisons remain, to put it simply, inhumane. Neither did the 2003 prison riots in Sialkot and Multan, which would have served as wakeup calls for revolutionary prison reforms elsewhere, make much of a dent in the conditions of prisons in Punjab, let alone in the other provinces.

In addition to local prison rules, there also exist UN guidelines on the conditions under which prisoners, including juveniles, should be held. These standards, although non-binding, have been adopted as resolutions by the UN General Assembly and represent the international community’s consensus on the minimum standards under which a state may confine its prisoners. Among the specific facilities required for prisoners under these guidelines are separate beds and clean bedding, adequate sanitary and bathing installations, and well-prepared, nutritious meals. Young prisoners are also required to receive physical and recreational training, and vocational training in useful trades. If the jail-experienced leaders in our current government cannot be moved into reforming our prisons, who else can?

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OTHER VOICES - North American Press


Bush’s slow thaw

San Francisco Chronicle

CURIOUSLY, on the same day President Bush was serving up hollow rhetoric about reducing greenhouse gas emissions by 2025, Bay Area business leaders and Gov Arnold Schwarzenegger were expressing their determination to achieve the state’s more defined and rigorous goals to fight climate change. Bush’s ‘major announcement’ came with no teeth and no specifics Wednesday. His administration remains mired in the mindset that global warming is less than a matter of urgency….

Gov Arnold Schwarzenegger emphasised his business-friendly credentials and the importance of a healthy environment to a vibrant economy. He observed that the ‘misconception’ that slowing global warming is a hindrance to business ‘is changing’.

Assembly Bill 32 … has set California on a path to reduce its greenhouse gas emissions to 1990 levels by 2020. Schwarzenegger has gone a step further by calling for an 80 per cent reduction by 2050.

“The real headline over [Wednesday’s White House] announcement should be: ‘Bush pledges to do nothing before Jan 20, 2009’ — the day he will leave office,” observed Rep Ed Markey, D-Mass.

Fortunately, the three remaining major-party candidates to succeed him grasp the moral, humanitarian and economic imperative of taking on climate change. — (April 18)

It’s the Toronto 11

The Toronto Star

WAS it absolutely necessary that Qayyum Abdul Jamal spend 17 months in detention as a suspected terrorist, 13 of them in solitary confinement, only to have the Crown stay the charges against him? Was there no better way to handle his case?

It is hard to know, given the secrecy that shrouds the prosecution of the ‘Toronto 18’. They are the 14 men and four youths who were rounded up in 2006 because they were suspected of plotting to storm parliament, behead the prime minister and bomb sites around Toronto. And now they are only the ‘Toronto 11’. The serial collapse of the Crown’s case … invites some serious soul-searching on the way security cases are being handled.

In the 9/11 era, CSIS and the police may feel obliged to cast a ‘wide net’ around suspected terror cells to disrupt any planned attacks…. Yet while the ‘wide net’ approach may protect the public, it imposes a special obligation on the Crown to be cautious from the outset in laying charges, given the real risk that innocent people may be swept up in the net. It’s hard to discern that caution in Jamal’s case…. It took more than a year for a bomb charge against him to be dropped.

The justice system risks being discredited when people are charged on thin evidence, then held in detention for long periods, only to have the charges stayed. There must be a better way. — (April 17)

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Politics of educational reforms


By Dr Shahid Siddiqui

THE post-9/11 educational reforms are a significant reference point in the educational history of Pakistan in terms of their scale, the amount of money invested in them, the order of their urgency and their official/political ownership.

The reforms are also important as their need was felt by the donor country (the US), and the contours of the implementation process were drawn up by consultants who came as part of the grant package.

Before we look at the politics of these educational reforms we need to understand that historically dominant groups have always used terms like ‘reforms’, ‘development’, ‘civilisation’, ‘emancipation’, and ‘peace’ for their hegemonic purpose. Many imperialist powers annexed other countries ostensibly to civilise them, to develop them, to liberate their people, and to bring peace to the colonies.

The important point to note here is that hegemonic powers first turn development into ‘undevelopment’ and then offer reforms for their own version of development. For instance, when the British came to India the country was doing fine economically. Michael Parenti in Against Empire writes, “In 1810, India was exporting more textiles to England than England was exporting to India. By 1830, the trade flow was reversed. The British had put up prohibitive tariff barriers to shut out Indian finished goods and were dumping their commodities in India, a practice backed by British gunboats and military force. Within a matter of years, the great textile centres of Dacca and Madras were turned into ghost towns.”

This rather long quote refers to a typical pattern of hegemonic designs of development, ‘undevelopment’ and one’s own version of development. In India, after turning development into ‘undevelopment’, the British claimed to bring development through the construction of roads, railway tracks, buildings etc.

This view of development is purely physical. This interesting pattern is also shared by military governments. It is claimed that most developmental works were carried out by military dictators like Ayub, Zia, and Musharraf.

We can also equate this pattern with ‘form’, ‘deform’, and ‘reform’. Military governments first dissolve parliament and then, after ruling for a long time, promise to give back democracy (their own version of it) as a token of favour. In other words, the dominant group first deforms the existing practice and then embarks on reforming the process.

Let us now look at the rationale of the post-9/11 reforms. Ironically the need for such reforms was not felt by the local government but by the US. In the 9/11 Commission report, the US is urged to “support Pakistan’s government in its struggle against extremists with a comprehensive effort that extends from military aid to support for better education, so long as Pakistan’s leaders remain willing to make difficult choices of their own.”

Following this commitment, a large sum of money was given to Pakistan for educational reforms. According to USAID, “From 2002 through 2006, USAID provided a total of $449m to address the most pressing needs: education, health, economic growth, and good governance.” One of the major reforms was to purge the curriculum of hate material. It is important to note that most of this hate material was in fact included during the period of the Afghan war.

Besides help in the shape of weapons, money, training etc, a large sum of money was also allocated by the superpower for designing such primers and books that would excite the youth for jihad. This jihad was a political need of the superpower to settle scores with the Soviet Union. For this purpose a centre was established in Peshawar to design such books. Tariq Ali (quoted in Mamdani) referred to primers that stated that the Urdu letter tay stood for tope (cannon), kaff for Kalashnikov, khay for khoon (blood) and jeem for jihad.

It is interesting that money is now being squandered on taking out the hate material which was once inserted with consent. This should not come as a surprise as education has always been used by hegemonic forces as a potent tool to realise their vested interests by moulding marginalised groups. Having looked at the upper level of politics in educational reforms now let us see political manoeuvring at the national level.

Pakistan has always suffered from the problem of poor allocation of funds for education. Here was a very good opportunity to make appropriate use of money to bring a qualitative change to the educational system of Pakistan. But on the contrary, the government used this money for its own image-building. To do wonders, a retired general was appointed as minister for education. At the local level, slogans of self-praise, such as ‘Parah Likha Punjab’ were coined to create the illusion of development.

On the top, political appointments were made, some of them quite controversial. A sizeable amount of funds was allocated to print and electronic advertisements for the image-building of the provincial leadership. In the books published by the Punjab Text Board a message from the chief minister was also inserted.

A typical practice in most research projects, initiated in the name of educational reforms, was to focus on the enhancement of numbers. Showing increased numbers at the end of a research project would satisfy the donors, and the salaries of the employees and consultants would be justified. What do we find as a result of such lucrative projects? We should expect a typical number-crunching game without any sustainable qualitative change.

It is important to realise that for real improvement in education, money is important. But money alone cannot bring about any meaningful change unless the desire for reform comes from within, appointments are made on the basis of pure merit, planning is done carefully, an effective monitoring system is in place and goals are not limited to demonstrating expansion in numbers.

Quoting the number of enrolled students, trained teachers and an inflated literacy rate is a typical view of development. But real development in education comes with qualitative improvement in our lives. Amartya Sen suggests that “the assessment of progress has to be done primarily in terms of whether the freedoms that people have are enhanced”. Applying this criterion to assess our development, we realise that the much-trumpeted ‘development’ is no more than an illusion.

The writer is director of the Centre for Humanities and Social Sciences at the Lahore School of Economics and author of “Rethinking Education in Pakistan”.

shahidksiddiqui@yahoo.com

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Caveat in the judiciary’s restoration


By Tariq Amin-Khan

IF Asif Zardari has his way, the judiciary’s restoration in all probability will be minus Chief Justice Iftikhar Mohammad Chaudhry. This seems to be the plan unfolding over the new political horizon.

To bring this plan to fruition, Asif Zardari had initially partnered with the MQM, but not long after the hoopla over his ‘Nine Zero’ visit there has been a falling out of sorts between the two parties. It appears that the plan to oust Iftikhar Chaudhry may now need some support from the presidency.

However, Musharraf’s involvement is somewhat circuitous: through his thoroughly discredited attorney general, Malik Qayyum, who continues to hold office despite the change of government. This is very curious and lends credibility to the rumour that the latter may be putting the finishing touches to a plan under which parliament will vet higher judicial appointments in order to eliminate Iftikhar Chaudhry on one pretext or another.

Doesn’t all this sound familiar? The game of backroom intrigues on which Pakistani politicians and civil and military bureaucrats wrote the book has a sequel that is about to be written. Does this mean that the painstaking efforts of most parties to politically come together around broad principles — a truly historic first in Pakistani politics — have been for naught?

The answer depends on whether the politicians will return to seedy backroom politics: the politics of patronage and self-interest, of cutting side deals, of aligning with the military, and of politicians continuing the long tradition of being passive recipients of imperial diktat.

On a more hopeful note, however, it can be said that a new-found respect for Pakistan since Feb 18 is palpable in western media reports. For instance, while US presidential hopefuls and media pundits have been clamouring for unilateral US military assaults in north-western Pakistan on the basis of ‘actionable intelligence’, others seem to be more tempered in their comments. The recent statement from the head of Nato points to Pakistan being “part of the solution”.

This slight change of heart in the West has come about as a result of the reasonably firm and unified stand of Pakistani political leaders on the issue of the ‘war on terror’. These political leaders have stated on a number of occasions that they will pursue the channel of negotiations on the question of extremism and Islamist militancy in the Frontier province.

The collective moves of the politicians — including Zardari who has, until recently, pleasantly surprised most observers — have revealed that the ruling classes in Pakistan may be now willing to move beyond being US clients, and may just begin to uphold the country’s sovereignty for a change.

This apparent shift has shown western leaders and the media that Pakistani politicians have finally found a backbone, and may not continue to prostrate themselves before imperial demands.

But here’s the wrinkle: if Zardari is going to take the line that Iftikhar Chaudhry has ‘politicised’ the chief justice’s office by speaking at public rallies about matters political, the lingering suspicion will be that this view may not be of the PPP co-chair’s own making. This language of politicising this or that office is part of a favoured blame game practised by western political and bureaucratic elites to discredit an opponent. And it seems that this tactic has been suggested as a rationale for getting rid of the deposed chief justice.

Given the crossroads at which the country stands today, we need to recognise the foresight and sagacity of the people in Pakistan who have compelled the politicians to chart a new political trajectory.

At the same time, in saying that the people have spoken, we cannot forget the role of lawyers and the judiciary — which has been another historic first. The movement launched by the legal community has been of central importance in making ordinary Pakistanis realise that only an independent judiciary can protect people’s rights and challenge the arbitrariness of the executive.

When the lawyers and judges arose single-handedly to challenge Musharraf’s arbitrary action of removing the chief justice in March 2007, no politician worth his name was visible alongside the legal community. But the people supported the lawyers wholeheartedly. And the thoughtful and committed leadership comprising Aitzaz Ahsan, Ali Ahmed Kurd, Muneer A. Malik, Rashid Rizvi and a host of other dedicated lawyers and judges was plain to see. At the time, it should be emphasised, some political parties actively and violently opposed the movement that was started by the lawyers.

So, given this understanding of events that have unfolded in the past year or so, it comes as a surprise that Asif Zardari appears to have a very different understanding of the same developments.

In the tongue-lashing that Zardari has reportedly given Aitzaz Ahsan over the latter’s firm stand on the restoration of the judiciary, what is quite clear is that it may be Zardari who is in need of a short history lesson. Also, while no one should downplay the sacrifice of the late Benazir Bhutto, her death should also not be used — as Zardari has done — to score points and chastise Iftikhar Chaudhry or the sacrifices of the lawyers.

If Zardari, just as Musharraf, fears an independent judiciary then a lot is at stake for the country. However, if he has nothing to fear from the chief justice or an independent judiciary then he needs to instruct his minions, such as the new law minister, to proceed expeditiously in fully restoring the sacked judges. The hope for Pakistan’s survival is really in such an action.

The writer teaches politics at Ryerson University, Canada.

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