election
A risky transition?
Only a democratic dispensation that enjoys people’s 
mandate will be able to handle the disastrous energy crisis, the spillover of Nato’s exit from Afghanistan and the security and foreign policies
By Raza Rumi  
Pakistan’s first rule-based democratic transition is underway. The last time a civilian government oversaw the election process was in 1977 when charges of rigging led to a popular movement, ouster of the civilian government and ultimately a coup. Otherwise it has been one military or quasi-military regime managing the process of elections.  

politics
Fair elections, strong democracy
An independent Election Commission, coherent and organised political parties, strong civil society, an unbiased caretaker setup and an independent media can cement electoral process in Pakistan
Dr Syed Hussain Shaheed 
Soherwordi  
Pakistan is passing through a process of transition from authoritarian (military as well as civilian) rule to rule of public representatives. This shift is not possible without a significant intellectual and policy discourse analysis. There is a need of the inter-play of social and political forces as a backdrop of debate about substantive and procedural aspects of electoral reforms to hold free, fair and impartial elections in the country. Fair elections are critical in institutionalising democracy. Rigged elections mean unstable democratic system which results in frequent political breakdowns.  

Urge to purge
Are tax evaders and loan defaulters ‘good’ 
Muslims even if they possess ‘adequate’ 
knowledge of Islamic teachings?
By Huzaima Bukhari & Dr. Ikramul Haq  
On Aril 4, 2013, the Lahore High Court stopped Deputy Governor of the State Bank of Pakistan from working, but withdrew the order on April 9, 2013 after no objection from the Election Commission of Pakistan (ECP). The court passed the orders on a petition seeking directions for fair elections and implementation of Article 62 and 63 of the Constitution.  

export
Mango market
Pakistan can become world’s leading mango exporter by exporting 35-40 per cent of the country’s total 1.75 million tons of produce
By Alauddin Masood  
The exports of Pakistani mangoes is likely to receive a great boost following its introduction in the Netherlands and appropriate arrangements in that country to supply this marvelous fruit through wholesalers and over 100 retail outlets. Popularly called as the Gateway to Europe, the Netherlands is the second largest mango importing and exporting country in the European Union.  
Although Pakistan has some of the sweetest mangoes in the world, its exports of the fruit are relatively low compared to the country’s actual potential. With a total production of 1.75 million tons, Pakistan is the sixth largest producer of mango fruit across the globe. In 2009, Pakistan earned over $61 million by exporting 130,000 tons mangoes, which represented less than five per cent of the country’s total mango production. Popularly called as the ‘king of fruits,’ experts believe that there exists a huge potential to export some 35-40 per cent of the country’s total mango production.  

Need to amend Sale of Goods Act
Pakistan, India and Bangladesh should enact a common law governing sale of goods to boost economic growth and get rid of financial complexities
By Sarmad Ali  
There is a need to modernise Sale of Goods Act, 1930 to get rid of financial complexities and economic problems. The countries of subcontinent Pakistan, India and Bangladesh should enact a common law governing sale of goods to boost economic growth and mutual trade. At the outset, it seems pertinent to discuss the origin of sales law in England and later adopted by its colonies.  
A man named Chandelor purchased from a man named Lopus a certain stone for the princely sum of one hundred pounds in 17th century in England. The stone was reputed to have magical healing powers. Immediately after the purchase, Chandelor found out that the purchased stone had no powers whatsoever, let alone magical healing ones.  

Bad news
News programmes without facts, research and investigation may be anything, but journalism
By Ahmed Noor Kahloon  
The National Assembly, shortly before completing its five-year term, unanimously passed a resolution demanding that television channels remove those “black sheep” airing unverified programmes against parliamentarians.  
The resolution was moved by former Education and Training Minister Sheikh Waqas Akram belonging to the Pakistan Muslim League (Quaid-e-Azam) against the conduct of one anchor of a private channel, who used to be a caretaker minister in the retired General Musharraf’s regime.  

Education for every girl
Like other parties, the Jamaat-e-Islami also places

 
emphasis on education for all to woo voters
By Javed Aziz Khan  
Almost all the political parties have announced their election manifestos with claims to bring revolutionary reforms into the system and make Pakistan a model state. The season of claims and promises is on and political parties are trying something new to attract more voters and get their sympathies for election candidates.  

Rise of the South
As developed economies stopped growing during the 2008-2009 financial crisis, developing economies kept growing transforming the global power balance
By Irfan Mufti  
Financial crisis now spans more than half a decade and has caused enough damage to western economies. Though some balancing acts occurred due to policies of governments and European economic blocks, the crisis is far from over.  
It is also a fact that when developed economies stopped growing during the 2008-2009 financial crisis and developing economies kept on growing, the world took notice. The rise of the South, seen within the developing world as an overdue global rebalancing, has been much commented on since. This discussion has typically focused narrowly on GDP and trade growth in a few large countries. Yet there are broader dynamics at play, involving many more countries and deeper trends, with potentially far-reaching implications for people’s lives, for social equity and for democratic governance at the local and global levels.  

 

 

 

 

 

 

 

election
A risky transition?
Only a democratic dispensation that enjoys people’s 
mandate will be able to handle the disastrous energy crisis, the spillover of Nato’s exit from Afghanistan and the security and foreign policies
By Raza Rumi

Pakistan’s first rule-based democratic transition is underway. The last time a civilian government oversaw the election process was in 1977 when charges of rigging led to a popular movement, ouster of the civilian government and ultimately a coup. Otherwise it has been one military or quasi-military regime managing the process of elections.

Three institutions are managing this process: Firstly, the Election Commission of Pakistan; secondly, the Judiciary and thirdly the interim governments in centre and the provinces. The role of the president is minimal other than his own party affairs and the military seems to be in the background and largely focusing on the security issues. This is a situation, which ought to be celebrated as we have the basic preconditions in order.

But state incapacity and ideological biases overshadow the ongoing transition. In the past few weeks, the returning offices — senior district judicial officers — have been scrutinizing the candidates in a most ad hoc manner. In their zeal to abide by the constitutional clauses inserted by Gen Zia’s regime — which place a premium on the faith of the candidate and his/her loyalty to an undefined ‘ideology of Pakistan’ — a circus was witnessed.

An unprofessional line of questioning adopted by the ROs marred the initial electoral proceedings. The ECP perhaps did not issue the right standard guidelines and, therefore, left the subordinate judges to exercise their will and the results were not too pleasing. Women were asked how would they manage their children if they became a legislator and others were asked to recite Quranic verses with the right intonations and accent! Ideological shifts of the past three decades were at work here.

Despite the much hyped scrutiny, the issue of corruption — tax evasion, bank defaults etc — were thereby bypassed. And a newspaper the Express Tribune commented as follows: “Not being able to recite Quranic verses became grounds for disqualification but financial impropriety is apparently considered more kosher.” The ECP ought to have trained the ROs and installed some capacity for financial screening.

Judicial populism continued as the Chief Justice of Pakistan, while addressing the ROs, stated: “I may emphasize that you are not performing functions in individual capacity but as representatives of the institution of judiciary. Discharging your functions, as District Returning Officers, Returning Officers and Assistant Returning Officers, you represent all of us, the institution of judiciary as a whole. A single mistake, if committed by any of you, it is likely to bring bad name for the institution of judiciary, which is respected and has earned the trust and confidence of the nation.” The mistakes sadly were many and are being rectified by the appellate tribunals where the aggrieved candidates are getting relief.

A lawyers’ convention held a few days ago highlighted the view of the bar. Asma Jahangir, for instance, stated that courts “should not meddle in the ECP affairs and the CJP “by addressing the Returning Officers wanted to influence the election process.” (Express Tribune, April 7, 2013). Other lawyer leaders such as Abid Saqi also opined that judicial officers were not trained before their appointment as Returning Officers and they had “no right to humiliate the candidates by asking personal questions.”

Overall, Pakistan’s media, despite the primary audience’s (the urbanizing middle class) anathema for elected officials and politicians, did take ROs to task. Eventually, the president issued a statement and the ECP also reigned in the over zealous ROs from exercising injudicious control over the ideological fitness of the candidates.

The most challenging issue, which haunts the forthcoming transition, is that of security and the growing power of non-state actors who have decreed on a de facto ‘eligibility’ of political parties that can contest and succeed in the coming elections. To date, dozens of attacks have taken place on the PPP, the MQM and the ANP’s candidates.

The leadership of these parties is under threat and it is unclear how far public campaigns and canvassing would be possible for these parties. In part, there is an obvious question on the lack of focus by the outgoing federal and provincial governments on law enforcement apparatus. But that is just one side of the complex issue. The larger issue relates to the overall security framework within which Pakistani state operates. Using and letting non-state actors grow as strategic assets is a policy that bedevils our future; and calls for resetting the civil-military imbalance. The latter goal is a long term one and only democratic transitions and incremental increase of the civilian sphere will allow for this to happen.

The net result of the security factor is that parties such as the PML-N, the PTI and the JUI-F are more favoured by Pakistan’s most powerful non-state actors. The controversial caretaker interior minister has talked of threats to Imran Khan and Mian Nawaz Sharif as well. Therefore, the caretaker administrations find themselves handling a worn out security apparatus to ensure that violence is minimised in the country.

Notwithstanding these larger dynamics at work, the political parties are gearing up for the electoral contest. Very soon the tickets for candidates will be announced and a very tight campaign of 30 days or less will lead us to the next Parliament.

The pundits are placing the PML-N at the front of the electoral race with the PPP and other parties trailing behind. The PTI is expected to emerge as a sizeable parliamentary group and the JUI-F and the MQM as the other two groups, which are likely to join the next coalition. The PML-N is in alliance with the Baloch and Sindhi nationalists and in the past few weeks it has worked rather hard to overcome its Punjab-centric identity. While in Sindh it may not make any inroad, in Balochistan its alliance with the Balochistan National Party (Mengal) will yield some dividends for the future federal and provincial governments.

The key battlegrounds are South Punjab and Sindh where the PPP’s fate shall be decided. If it retains its seats then it will be in a position to challenge Nawaz Sharif’s expected sweep in the central Punjab. The new factor in these elections is party-based contest in Fata where once again chances for the PPP and the ANP are limited due to the security climate. The JUI-F is likely to make some gains. The most fragmented results may be seen in Khyber Pakhtunkhwa where the terrorism and chaos during the last five years will impact the outcomes.

The elections are not the end of this process. The next government — most likely a weak coalition of competing interests and ideologies — has the most onerous agenda at hand: dealing with a disastrous energy crisis, the spillover of Nato’s exit from Afghanistan and reclaiming the security and foreign policy. Only a democratic dispensation that enjoys people’s mandate will deliver on these objectives.

This is why a transition that is free of interference, rigging and unwarranted interference by unelected institutions of the state is paramount at this difficult moment of Pakistan’s existence.

The writer is a policy expert and journalist based in Islamabad. His writings are archived atwww.razarumi.com

caption

(Left) Electioneering begins. (Above) Men in charge and (bottom) the worried politicians.

 

 

 

 

 

 

 

 

 

 

politics
Fair elections, strong democracy
An independent Election Commission, coherent and organised political parties, strong civil society, an unbiased caretaker setup and an independent media can cement electoral process in Pakistan
Dr Syed Hussain Shaheed 

Soherwordi

Pakistan is passing through a process of transition from authoritarian (military as well as civilian) rule to rule of public representatives. This shift is not possible without a significant intellectual and policy discourse analysis. There is a need of the inter-play of social and political forces as a backdrop of debate about substantive and procedural aspects of electoral reforms to hold free, fair and impartial elections in the country. Fair elections are critical in institutionalising democracy. Rigged elections mean unstable democratic system which results in frequent political breakdowns.

Election rigging is of four types: system rigging; pre-poll rigging; polling day rigging; and post-poll rigging. System rigging takes place when a government breaks the entire edifice of institutions which supervise elections. This may include reduction of Election Commission’s powers, subordination of judiciary to the government’s ordains, limiting the number of political parties, and marginalizing the right to vote.

Pre-poll rigging consists of the manoeuvers of caretaker government to ensure its supporter party’s victory without visibly violating any law. This may include the use of public funds to support candidates of a preferred party, use of intelligence agencies to influence electoral results, transfer of civil servants to keep the local machinery partial, intimidation and arrest of opposition leaders by forming political cases against them; labeling them traitors and security risks to bar them from contesting elections.

Polling day rigging includes harassing polling agents and workers of opposition, casting bogus votes and forcing voters to vote for the regime’s beloved party. Post-polling manipulation means fraud in counting of votes and postal ballots.

Since the start of electoral process in Pakistan, 11 National Assembly and 39 provincial assembly elections have been held and four military coups have taken place. General Ayub and General Yahya abolished the constitutions while General Zia and General Musharraf first suspended and then mutilated the 1973 constitution.

With the exception of General Musharraf, judiciary and Election Commission lost their independence during the military rule. General Musharraf tried to control judiciary but Chief Justice Iftikhar Chaudhary came in his way and instead Musharraf had to leave power. Except Yahya and Musharraf’s rule, political parties were either banned or their activities curtailed.

Ayub replaced adult franchise with limited franchise and direct mode of elections with an indirect one. Zia replaced joint electorate with separate electorate and held 1985 elections on non-party basis. General Musharraf brought BA degree condition for contesting elections. Via his illegally legal actions, Musharraf kept Benazir Bhutto and Nawaz Sharif away from participating in the general elections of 2002. Hence Ayub, Zia and Musharraf supplemented system-rigging with pre-poll rigging. Zia and Musharraf have the credit of allowing polling-day rigging in the 1998 and 2002 referendums respectively.

Needless to say that all the three dictators held referendums for their own elections and rigged both political and electoral systems without any hindrance and each one secured more than 95 per cent support.

It is not that the military regime only committed rigging during elections. Civilian caretaker setups equally conducted biased elections. They remained indulged in all the four kinds of rigging. During the caretaker government of ZA Bhutto, pre-poll rigging and, with connivance of election staff, polling day rigging took place. It was apparent from the fact that all winners who secured more than 80 per cent votes belonged to the PPP.

In 1990, the then President of Pakistan, Ghulam Ishaq Khan, appointed leader of the opposition Ghulam Mustafa Jatoi to head the caretaker setup. In the meanwhile, COAS General Mirza Aslam Beg provided funds to the opposition party Islami Jamhoori Ittehad (IJI) to defeat the PPP in the 1990 elections. This provision of funding by intelligence agencies has recently been proved in Asghar Khan Case in the Supreme Court.

The 1990 elections were followed by numerous political cases against the PPP leadership. During the 1997 elections, caretaker PM Malik Meraj Khalid issued an ordinance debarring loan defaulters from contesting elections. Thus pre-poll and post-poll rigging remained at its peak during the 1990s elections. However, 1993 elections can be cited as a comparatively fairer. Local and international observers also verified its fairness. Waseem Sajjad, the then acting president of Pakistan, remained neutral even though his party, Muslim League, was contesting the election. Similarly, elections in 2008 also remained fair. Independent private media and judiciary played an active role in conducting free and transparent elections.

History of elections in Pakistan is a tale of electoral manipulation. Both civil caretaker setups and military remained biased and engaged in iniquitous electoral practices. This has seriously damaged the grooming of democracy in the country. Its overall brunt is that elections have lost their integrity amongst the common man and the governments elected through fractured electoral process have lost their legitimacy.

Now the question of the question is ‘how to succeed electoral process in Pakistan’? There are certain democratic institutions in every country which ensure fairness of elections. They include: impartial civil and judicial bureaucracy, an independent election commission, coherent and organised political parties, strong civil society, unbiased caretaker setup, and independent print and electronic media. Keeping in view the electoral history as described above, there are five policy options that must be taken care of during general elections in Pakistan. They will directly or indirectly contribute to the fairness of elections.

First, establishment and supremacy of society over state institutions is a pre-requisite for restoring confidence in democratic process. This will not only prevent military coups but would also bring military under subordination of political institutions. In the last seven years, the rise of civil society, private electronic media and independent judiciary has contributed to strengthening of public institutions and subordinating the rest of the civil and military bureaucracy to democratic forces.

Civil society plays an effective role in containing rigging during the polls. Different NGOs like PILDAT, Human Rights Commission of Pakistan (HRCP) etc have played their due role in raising their voices against fraud and influencing of election results.

Second, political parties must be strengthened. This is possible only once they develop close links with public. They need to demonstrate and nurture a culture of tolerance and accommodation. Practicing intra-party democracy and adhering to a code of fair political conduct is a guarantee to a strong political party culture. Imran Khan’s Tahreek-e-Insaf has taken a lead in this direction. Rest have to follow.

Third, an unbiased truly neutral caretaker government will help end pre-poll and polling day rigging once and for all. People involved in the caretaker setup must be detached from the electoral outcome. The more they are neutral, the greater the possibility of fair elections. They can be selected from non-political associations such as bar councils, retired university professors, judges, NGO workers, doctors, engineers and labour unionists etc. A scrutiny can take place secretly to know their leaning towards any particular political party. Once clear, they can be the part of the caretaker setup.

Fourth, a strong Election Commission (EC) is a guarantee to a free and transparent election. A neutral caretaker setup can be biased, but a strong Election Commission can even rein them. Since its inception in 1957, the EC has gained herculean powers. However, the critical need of the time is to enable it to use its powers already available to it effectively and assertively.

Fifth, and the last is the role of international observers during elections. As they have no affiliation with any political party, their neutrality and criticism is not questionable. Their reports can make a significant contribution to the understanding of electoral process and their recommendations can strengthen electoral democracy in the country.

Pakistan is direly in need of getting rid of rigging and bringing more electoral reforms for a strong democratic and trusted electoral culture. An election is the mother of a democracy. Fair elections means strong democracy and hence a vibrant and growing welfare state for the people of the land. Let’s have a strong democracy by a fair electoral process in 2013.

The author teaches at the Department of International Relations, University of Peshawar. syedshaheed@hotmail.co.uk

 

 

 

 

 

Urge to purge
Are tax evaders and loan defaulters ‘good’ 
Muslims even if they possess ‘adequate’ 
knowledge of Islamic teachings?
By Huzaima Bukhari & Dr. Ikramul Haq

On Aril 4, 2013, the Lahore High Court stopped Deputy Governor of the State Bank of Pakistan from working, but withdrew the order on April 9, 2013 after no objection from the Election Commission of Pakistan (ECP). The court passed the orders on a petition seeking directions for fair elections and implementation of Article 62 and 63 of the Constitution.

The court observed that appointments made by the formal federal and provincial governments, despite ban by the ECP, amounted to pre-poll rigging. The petitioner’s counsel also contended that the Federal Board of Revenue (FBR) had not issued details of income tax returns/defaulters and therefore objections could not be filed on nomination papers. The court directed that “all these details should be available at the ECP’s website”. The order of the court has since been complied with by the ECP.

We have been writing since long in these columns that the FBR should publish annual directory of taxpayers and post on its website the names of tax evaders and defaulters so that tax culture can be made to flourish, but till today the apex revenue authority has remained silent on this front. As a consequence, in the election days there is no information available to the public to adjudge who defaulted on their tax obligation.

On the contrary, there has been more emphasis on finding who fulfills the conditions of Article 62(d) and (e) that are purely subjective, lacking any clear-cut criterion — nobody can define what “adequate” knowledge of Islam is! Are tax evaders and loan defaulters ‘good’ Muslims even if they possess ‘adequate’ knowledge of “Islamic teachings” and “practicing obligatory duties prescribed by Islam”? Even if they remain good Muslims after not fulfilling tax and contractual obligations, they are certainly hit by Article 62(f) which says that no person can qualify as candidate unless “he is sagacious, righteous and non-profligate, honest and ameen....”

On completion of scrutiny of papers on April 7, 2013, it was found that 90 per cent successful candidates were those who paid no or nominal tax and many of them even did not obtain National Tax Numbers (NTNs). The notable case is that of Pervez Musharraf who showed assets worth over 600 million without disclosing their source vis-à-vis payment of tax. The same is true for many ex-legislators who are contesting again but never filed tax returns. This confirms that payment of taxes is not a stigma in our polity. In this context, it is understandable why the FBR remains a toothless organization — it suits all. Non-availability of tax record on websites of the ECP or the FBR during the scrutiny period facilitated tax evaders and defaulters to escape purge by the returning officers.

The Lahore High Court in W.P. No.7651/2013 posed a pertinent question to the counsel of the ECP: Whether returning officers were provided record for scrutiny of nomination papers: if a candidate did not provide details of NTN and tax returns then how his assets could be verified? The court observed that apparently the ECP did not seek help from other institutions including the FBR. On another petition seeking action against former parliamentarians who were tax and loan defaulters, the court ordered the ECP to submit notifications issued to the FBR, National Accountability Bureau (NAB), Security & Exchange Commission of Pakistan (ECP) and others for details of defaulters. The ECP later provided this—see http://ecp.gov.pk/SResponses.aspx.

The FBR Chairman was restrained from performing duties by Islamabad High Court on April 8, 2013 through an interim order. He took no action against 70 per cent ex-legislators who did not bother to file tax returns, wealth statements and details of personal expenses, violating express provisions of Income Tax Ordinance, 2001[Tax cheats in the House, The News, December 16, 2012]. They pleaded that their only source was ‘salary’ and since tax was deducted at source they were not defaulters. If their only source of income was ‘salary and allowances’ how had they been enjoying a life of luxury — sprawling bungalows, army of servants, expensive vehicles and foreign trips? This question remains unanswered. On this point alone, a vast majority of former parliamentarians can be disqualified.

The appointment of Ali Arshad Hakeem as FBR Chairman on 11 July 2012 directly under the command of President Asif Ali Zardari was definitely meant to play “due role” in the forthcoming elections which he proved by resisting any action against the defaulting parliamentarians representing all political parties and not publishing data of tax defaulters despite instructions of the Federal Tax Ombudsman (FTO). The rich and mighty players in politics were thus saved from being purged. However, the order of Islamabad High Court declaring his appointment unlawful could change this scenario.

Political elites have been salvaged from disqualification for not paying taxes but the country has suffered immensely. Pakistan is facing the worst fiscal crisis of its history. On assumption of charge, the suspended Chairman made the tall claim of surpassing revenue target of Rs2381 billion by “using extraordinary managerial skills, innovative IT tools and meaningful amnesty schemes.” However, a few weeks before the exit of the government, the revenue target was reduced to Rs2190 billion. According to experts, even this substantially reduced target is not expected to be met — the estimated shortfall of Rs400-500 billion would certainly cripple the new government financially, starting its tenure just one month before the end of the financial year 2012-13 with a colossal fiscal deficit [more than 8 per cent of GDP] and an almost collapsed economy with debt-to-GDP ratio going as high as 65 per cent and inflation over 10-12 per cent.

During the first eight months of the current fiscal year, the FBR collected only Rs1107 billion and then in March 2013 it resorted to all kinds of ugly methods — blocking of refunds, creating fictitious demands and taking huge amounts from the banks as advance (sic) even when billions are still payable to them as refund — to show extraordinary (sic) results. The claim of “historic achievement” in March 2013 by collecting about Rs185 billion, as compared to Rs149.6 billion during the same period as last year, reflecting a growth of 22 per cent, is just a farce — the reality is that in this period quarterly advance tax becomes due and secondly, the FBR has borrowed funds from many large taxpayers even when refunds are due!

The Chief Election Commissioner and caretaker prime minister have not taken any notice of these malpractices and the role played by the FBR in providing protection to tax defaulters. Had the parliamentarians and other rich people paid due taxes, Pakistan could have been saved from unsustainable debt burden, now 65 per cent of GDP, and fiscal deficit nearing the dangerous level of 10 per cent of GDP this year.

Since the Chairman was a “political appointee”, acceptable to all, the opposition also did not raise any objection about the FBR’s failure in ensuring purge of tax defaulters from electioneering.

Earlier, the Islamabad High Court on April 3, 2013 restrained Member Administration of the FBR from performing his duties — he was brought by suspended Chairman as his close confidant. The petitioner has contended that the Chairman does not possess requisite qualification and experience for the post. He is a former civil servant — selected in Accounts Group in 15th Common Training Programme (CTP) and re-appeared to get Customs Group with 17th CTP. He resigned from the FBR after a few years allegedly in the wake of disciplinary proceedings. It is claimed in the petition that the outcome of inquiry against him was never known and that “his company was doing business with the FBR” — the appointment thus involves conflict of interests.

During election year, political appointees can play havoc with the election process. Fortunately higher courts are vigilant now as evident from the decisions cited above. It is worth mentioning that though the Lahore High Court took notice of non-disclosure of names of the tax defaulters, the majority was cleared by the returning officers. Now data is available at the ECP’s website of tax payments and loan defaults. But the question is: Are our voters aware of this and can vast majority of them read it in English or have capacity and inclination to exercise their right diligently by rejecting tax and loan defaulters?

The process of constitutional purge depends not only on availability of reliable information but also prompt and effective mechanism of across the board accountability without any favour or fear, which is presently missing in Pakistan.

The writers are members of Visiting Faculty of Lahore University of Management Sciences (LUMS).

 

 

 

 

 

 

 

 

 

 

 

export
Mango market
Pakistan can become world’s leading mango exporter by exporting 35-40 per cent of the country’s total 1.75 million tons of produce
By Alauddin Masood

The exports of Pakistani mangoes is likely to receive a great boost following its introduction in the Netherlands and appropriate arrangements in that country to supply this marvelous fruit through wholesalers and over 100 retail outlets. Popularly called as the Gateway to Europe, the Netherlands is the second largest mango importing and exporting country in the European Union.

Although Pakistan has some of the sweetest mangoes in the world, its exports of the fruit are relatively low compared to the country’s actual potential. With a total production of 1.75 million tons, Pakistan is the sixth largest producer of mango fruit across the globe. In 2009, Pakistan earned over $61 million by exporting 130,000 tons mangoes, which represented less than five per cent of the country’s total mango production. Popularly called as the ‘king of fruits,’ experts believe that there exists a huge potential to export some 35-40 per cent of the country’s total mango production.

Till recently, Pakistan’s focus has remained limited to exporting mangoes to the Middle East and the United Kingdom. With a little effort, the experts believe, the country can appear as one of the leading mango exporting country on the globe. The major constraint to the expansion of market for Pakistani mangos has been related to the country’s inability to supply competitively priced high quality mangoes in a significant and consistent manner, meeting the international standards and the demands of the supermarket chains.

Pushed by a desire to reap maximum benefits from the wide range of its horticultural products (vegetables, fruits, fruit juices and pulps) and net over one billion dollars annually from the export of various horticultural products, Pakistan has made a beginning by launching, in collaboration with the Netherlands, a project to make Pakistani mangoes a force in the international market. Trade Development Authority Of Pakistan (TDAP), PIA and Pakistani Chambers of Trade and Commerce have launched this project in collaboration with the Netherlands Embassy in Pakistan and other relevant Dutch organisations.

The stakeholders adopted the technique of mango exhibitions, free sampling to importers, wholesalers, retailers and restaurant chains as well as the use of websites for introducing Pakistani mangoes in the Netherlands. Besides, they also arranged visits by Dutch importers to Pakistan and by the delegations of Pakistani growers and exporters to the Netherlands.

Currently, Brazil and Peru are meeting about 73 per cent of the demand for mangoes in the Netherlands, which stands at 127,659 metric tons; while Pakistan’s share in the supply chain was only 0.2 per cent till recently. However, encouraged by the gradual increase in demand, the stakeholders have set a target of 500 per cent growth in the supply of Pakistani mangoes to the EU countries over the next two years.

The flesh of a mango is peach-like and juicy. It is rich in sugar and acid. The mango fruit has best flavour if allowed to ripen on the tree. When ripe, the fruit is entirely pale green or yellow marked with red. The quality of the fruit is based on taste and scarcity of fiber. Pakistan is the house of some fine varieties of mangoes, which are known for their good aroma, excellent taste and almost total absence of fiber content.

Among the over 150 varieties of mango fruit produced in Pakistan, the choicest varieties are: Samar Bahisht (Paradise’s fruit), Fajree, Chaunsa, Super Langra, Shan-e-Khuda (God’s magnificence), Anwar Ratol, Lahoti, Ratol, Sindhri, Alfanso, Dusehri, Roosi Dulhan (Russian bride), Lab-e-Mashooq (Darling’s Lips), Lab-e-Habshi (Negroe’s Lips), Shaheed-e-Zam Zam and Tota Pari. Some other varieties include: Kala Pahar (Black mountain), Gulab-e-Khas (special rose), Saleh Bhai, Al-Khausa, Neelum, Baigan Phelli, Seroli and Batasha. Amongst these, Chaunsa and Sindhri have great potential for hitting the US and EU supermarkets.

Rich in a variety of phytochemicals and nutrients that qualify mango as a super fruit of high health value, mango is mainly used as a fresh fruit. It is high in prebiotic dietary fiber, vitamin C, polyphenols, and provitamin carotenoids. The antioxidant vitamins A, C and E comprise 25 per cent, 76 per cent and 9.0 per cent respectively of the Dietary Reference Intake in a 165-gram serving.

New research studies have shown that polyphenols chemical found in mango can help cure some forms of cancers, including colon, chest, lungs, bone-marrow and prostrate. According to Dr S. Tailcoat and her husband, mango pulp, juice, peel and seed can create resistance against cancer. These research findings are likely to result in increasing the demand for mango fruits manifold.

The USA, EU and the Netherlands figure among the top three mango importing countries, and their imports stand at 297,499 metric tons, 228,864 and 127659 metric tons respectively. Brazil and Peru are meeting some 99 per cent of the demand for mangoes in the USA. Other leading importers of the fruit are UK, 55,797 metric tones; Germany, 51,865 metric tons; Saudi Arabia, 99,069 metric tons; France, 32, 211 metric tons; UAE, 56,150 metric tons, Japan, 11,669 metric tons; Belgium, 20,834 metric tons, and Portugal, 16,231 metric tons.

The writer is a freelance columnist based at

Islamabad.

E-mail:alauddinmasood@gmail.com

 

 

 

Need to amend Sale of Goods Act
Pakistan, India and Bangladesh should enact a common law governing sale of goods to boost economic growth and get rid of financial complexities
By Sarmad Ali

There is a need to modernise Sale of Goods Act, 1930 to get rid of financial complexities and economic problems. The countries of subcontinent Pakistan, India and Bangladesh should enact a common law governing sale of goods to boost economic growth and mutual trade. At the outset, it seems pertinent to discuss the origin of sales law in England and later adopted by its colonies.

A man named Chandelor purchased from a man named Lopus a certain stone for the princely sum of one hundred pounds in 17th century in England. The stone was reputed to have magical healing powers. Immediately after the purchase, Chandelor found out that the purchased stone had no powers whatsoever, let alone magical healing ones.

Annoyed, Chandelor took Lopus to court of law. Before the court, Lopus objectively explained that although he had affirmed that the stone had healing powers, he had not warranted that it did. The court of law accepted Lopus’ argument. And while Lopus was allowed to keep hold of the money, Chandelor was left merely with a stern warning — let the buyers beware!

This warning resounded in the ears of consumers throughout Britain and the Empire until Britain enacted the Sale of Goods Act, 1893 (thereinafter SOGA 1893). This law provided some respite to consumers as a buyer could now examine goods supplied to him by the seller and reject these if they were not in line with the contract between them. In certain circumstances, the buyer could cancel the contract and in others sue the seller for damages.

Britain’s colonies and dominions welcomed this law and adopted it without much variation. In 1930, the Government of India followed suit and enacted the Sale of Goods Act, 1930 (hence after SOGA 1930). Post-independence, Pakistan enacted the Federal Laws (Revision and Declaration) Act, 1951, under which it adopted a number of Indian laws. The Sale of Goods Act, 1930 was one of these. SOGA 1930 was the law concerning sale of goods in Britain as well; however Britain replaced 1930 SOGA with 1979 SOGA which is now in practice across England and Wales and few changes have been introduced by SOGA 1994.

Contracts are essential for running businesses and making sales to consumers. They formalise an agreement between parties and can cover a broad range of matters, including the sale of goods and associated services such as repairs and maintenance.

If we look at India, Pakistan and Bangladesh these countries still practice Sale of Good Act, 1930 incorporated by British India which seems now outdated and too vague. It is fair to demand that there is a need to amend it as soon as possible as customs and practices concerning sale of goods have been changed over the period of more than 80 years.

No doubt, Pakistan, India, and Bangladesh have their own legal systems based on common law principles leading to various contract laws. It is arguable there is a case for a new optional consumer code to cover distance selling across three countries. The current text of SOGA 1930 does not always strike the right balance. Distance selling needs its own clear rules, designed around automated processes.

A common sales law should be based on more general contract law principles and it is fair to think that it would benefit from greater focus on distance sales. It may be said that Pakistan, Bangladesh and India should improve their diplomatic relationship, however, trading relationship among them may play a vital role. Traders and Chambers of Commerce should demand for enactment of a common sales law which may benefit the trading corporations and consumers.

The countries around the globe are moving forward to counter financial and economic crisis which can only be possible by harmonising sales law. For example, 27 European Union member states have their own sales laws. However, to counter uncertainties and promote an air of certainty for traders and consumers, the European Commission published a proposal for a “Common European Sales Law” (or CESL), which traders may choose to use to govern their cross-border contracts. It covers the sale of goods, the supply of digital content and some related services.

If the consumer explicitly agreed, the law governing the contract would then be the CESL rather than a national system. The CESL would effectively be a separate legal regime which, if chosen, would take precedence over the mandatory rules of domestic law.

Arguably, the common Sales Law breaks down barriers and maximize benefits for consumers and businesses. For example, trading companies need not to wrestle with the uncertainties that arise from having to deal with multiple national contract systems. It is also arguable that Small and Medium Sized companies may appreciate the enactment of the common Sales Law to expand their business into new markets easily.

From the perspective of consumers, providing the high level of consumer protection in three countries; consumers will be able to rely on the common Sales Law as a mark of quality.

It is fair to believe that the Common Sales Law in Pakistan, Bangladesh, and India will help break down the trade barriers and give consumers more choice and a high level of protection especially when buying online. It will offer a single set of rules for cross-border contracts within the countries. For example, Bangladesh and India, as far as trade is concerned, are more developed and frequent in trade contrary to Pakistan. If the sub-continental countries fail to agree on enactment of a common Sales Law then the trading corporations and the consumers will have to suffer.

The writer is a lecturer in Law of International Trade at Quaid-e-Azam Law College, Lahore

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For the benefits of consumers.

 

 

 

 

 

 

 

Bad news
News programmes without facts, research and investigation may be anything, but journalism
By Ahmed Noor Kahloon

The National Assembly, shortly before completing its five-year term, unanimously passed a resolution demanding that television channels remove those “black sheep” airing unverified programmes against parliamentarians.

The resolution was moved by former Education and Training Minister Sheikh Waqas Akram belonging to the Pakistan Muslim League (Quaid-e-Azam) against the conduct of one anchor of a private channel, who used to be a caretaker minister in the retired General Musharraf’s regime.

During a hard-hitting speech on the floor of the House, Akram said that he was so incensed by a “derogatory programme” of that anchor that he felt inclined to, if he could, “barge into the TV (set) and drag him out”.

The ex-education minister, who has recently joined the Pakistan Muslim League-Nawaz after quitting the PML-Q, is in the limelight as his A-Level certificate has been declared fake and he could be disqualified and sent behind the bars for possessing a fake degree. Here, the crux of the matter is not WHO is saying but rather WHAT is being said and what impact it may have on the future of the noble profession of journalism.

A well known personality in the field of journalism, Professor Dr Mehdi Hassan, says that a journalist is the one who has done field reporting or worked in a newsroom. According to him, the authentic way of conducting a current affairs programme in line with journalistic principles is that, instead of doing a whole programme with politicians in the studio and providing them with a platform for their publicity, they should be given only five to ten minutes on the telephone line or in the studio so they can give their view point on some important issue. The remaining time should be given to the independent analysts or senior journalists who have no affiliations with any political party or group, to dissect statements given by these politicians. This practice can enable public to understand the matter and develop a view point.

But here the Ganga is determined to flow backwards. Daily, the same politicians and same analysts, who have affiliations with different political parties and groups, are on air during the prime time.

In public view, anchorpersons are journalists. The fact is that most of the anchorpersons have nothing to do with journalism. They are pretending to be journalists and misinforming the public because they belong to rich families or it can be easily said that they have deep terms with the owner of the television channels.

The best example is of male and female anchorpersons who were exposed during a programme with founder of Bahria Town Malik Riaz. This is only one example. However, there are many who are not exposed yet.

If the news and current affairs programme is produced keeping in mind the public interest and is responsible and ethical, people will come for more. It not only generates more revenue but also builds public interest in the channel and the journalist.

The fact is that TV anchors in particular and journalists in general, instead of covering day-to-day issues of public interest, are following the agenda of ruling class. It feels like as if, in Pakistan, the purpose of journalism is not research and investigation but politics.

Professional journalists and editors are requested to kindly take this issue seriously before it is too late. They ought to start a movement against those so-called anchorpersons and journalists. If it is not possible for them, they should at least give moral support to those journalists who want to uphold the standards of journalism.

The writer is a working journalist and can be reached at contactahmad01@gmail.com

 

 

 

 

 

 

 

 

 

 

 

 

 

Education for every girl
Like other parties, the Jamaat-e-Islami also places

 
emphasis on education for all to woo voters
By Javed Aziz Khan

Almost all the political parties have announced their election manifestos with claims to bring revolutionary reforms into the system and make Pakistan a model state. The season of claims and promises is on and political parties are trying something new to attract more voters and get their sympathies for election candidates.

Most of the political parties are claiming to give top priority to education once they come into power in the country. There are claims of establishing more universities, upgrading the already existing institutions with providing them all the basic facilities and setting up more primary schools to improve the literacy rate.

The Jamaat-e-Islami (JI) has also announced its election manifesto recently with more emphasis on educating every child with quality education for free.

“Our slogan is Ilaj, taleem, rozgar har fard kay leye….Saaf pani, bijli aur gas har ghar kay leye (health, education and job for every individual and clean water, electricity and gas for every house),” says deputy chief of the Jamaat-e-Islami Pakistan, Sirajul Haq.

Siraj, who has served as senior minister in Khyber Pakhtunkhwa during the Muttahida Majlis-e-Amal government, is of the opinion that this is the responsibility of the state to provide free quality education to its people.

The JI is more focused on education for girls and want to launch educational emergency in the country for this purpose. “We want to launch educational emergency in the country so that every girl gets education because an educated female can prepare a better nation,” says Sirajul Haq, who headed Islami Jamiat Talaba, a student wing of the JI, for years. He stresses for arrangements so that every girl can get higher and professional education without any harm to culture as well as local and Islamic values.

The Jamaat-e-Islami wants a law that could penalise parents for not sending their children to schools. “We want the private educational institutions should work in partnership with the government. Private schools, colleges and universities should not be an industry but it should be part of the mission to educate the Pakistani nation,” says Sirajul Haq.

The JI was part of the Muttahida Majlis-e-Amal, a six-party alliance of the religious groups that ruled the Khyber Pakhtunkhwa province between 2002 and 2007. The MMA was part of the opposition in the center during the five years. In 2008 general elections, the component parties of the MMA parted ways. The Jamiat Ulema-e-Islam-Fazl, the largest party in the MMA, and other parties contested the polls while the JI boycotted the last general elections.

The Jamaat is contesting the coming general elections without forming any alliance with religio-political groups. It has, however, started negotiations with various political groups for seat adjustment in Punjab, Khyber Pakhtunkhwa and other parts of the country.

Besides improving the education standards, the JI manifesto has a number of targets to achieve after winning the general elections. “We want to make Pakistan an Islamic welfare state. Our model is the Islamic state established in Madina where people will rule the country and there will be no difference between a common man and a ruler,” says Sirajul Haq.

In the sector of education, the party wants changes in the syllabus as its leadership believes that every year changes are made in the curriculum on foreign pressure. He believes that primary education would improve if the nation starts giving respect to teachers.

“We will develop a system under which a student will be required to choose his profession after 12th grade. After intermediate level, every student will be given education in a specialised field so we can produce more specialists in every field,” says the JI deputy central chief.

As a religio-political party, the JI wants to bring reforms in the seminary system too. “We want to develop a system in seminaries where a student graduating from these institutions would have adequate knowledge of literature, science, computer and other required fields. We also want to introduce one system for all the religious schools in the country so that no one could trigger any sectarian issue,” says Sirajul Haq. He says there are five different boards of the religious schools all over the country which have thousands of schools affiliated with them. “We will bring reforms and introduce one standard course for these schools after consulting heads and senior members of all the five boards. This will help end sectarian differences.”

Some JI leaders are running modern seminaries while others are supervising few chains of regular schools with a touch of religious education all over the country. The party is having a student wing which is organised in most of the universities and colleges of the country. The student wing arranges educational related activities on regular basis.

The JI has floated a novel idea of planting one tree by every student. “A student will be asked to plant a tree and take care of it. This way, we will have millions of trees planted every year to help us improve the environment,” Siraj suggests.

“Our government in the Khyber Pakhtunkhwa had established a female university and a medical college so that female students could get higher and professional education without any difficulty. We also established 61 new colleges and recruited 46,000 teachers on merit. There was no college in Kohistan and other remote areas, but we established colleges and schools there. If we come into power, we will establish a separate university, medical college and engineering college in Fata,” says the JI deputy amir.

“We will increase the budget for education from 2 per cent to 11 per cent so we are not left behind India and Bangladesh,” says Sirajul Haq.

The writer is senior reporter of The News at Peshawar and can be contacted atjavedaziz1@gmail.com and followed on twitter @JavedAzizKhan

 

 

 

 

Rise of the South
As developed economies stopped growing during the 2008-2009 financial crisis, developing economies kept growing transforming the global power balance
By Irfan Mufti

Financial crisis now spans more than half a decade and has caused enough damage to western economies. Though some balancing acts occurred due to policies of governments and European economic blocks, the crisis is far from over.

It is also a fact that when developed economies stopped growing during the 2008-2009 financial crisis and developing economies kept on growing, the world took notice. The rise of the South, seen within the developing world as an overdue global rebalancing, has been much commented on since. This discussion has typically focused narrowly on GDP and trade growth in a few large countries. Yet there are broader dynamics at play, involving many more countries and deeper trends, with potentially far-reaching implications for people’s lives, for social equity and for democratic governance at the local and global levels.

The rise of the South is the result of continual human development investments and an opportunity for still greater human progress for the world as a whole. Making that progress a reality will require informed and enlightened global and national policymaking, drawing on the policy lessons. Massive poverty reduction, middle-class expansion form major development gains in Africa, Asia and Latin America.

The rise of the South is radically reshaping the world of the 21st century, with developing nations driving economic growth, lifting hundreds of millions of people from poverty, and propelling billions more into a new global middle class, says the United Nations Development Programme’s (UNDP) 2013 Human Development Report. “The rise of the South is unprecedented in its speed and scale,” the 2013 report says. “Never in history have the living conditions and prospects of so many people changed so dramatically and so fast.”

“This phenomenon goes well beyond the so-called BRICs, middle income countries often represented by Brazil, Russia, India and China,” the 2013 report stresses. The report analyses more than 40 developing countries that have made rapid human development gains in recent years through sustained investment in education, health and other social services, and strategic engagement with the world economy.

The report looks at the evolving geopolitics of our times, examining emerging issues and trends and also the new actors which are shaping the development landscape. It argues that the striking transformation of a large number of developing countries into dynamic major economies with growing political influence is having a significant impact on human development progress.

The report notes that, over the last decade, all countries accelerated their achievements in the education, health, and income dimensions as measured in the Human Development Index (HDI) — to the extent that no country for which data was available had a lower HDI value in 2012 than in 2000. As faster progress was recorded in lower HDI countries during this period, there was notable convergence in HDI values globally, although progress was uneven within and between regions.

Looking specifically at countries which lifted their HDI value substantially between 1990 and 2012 on both the income and non-income dimensions of human development, the report examines the strategies which enabled them to perform well. In this respect, the 2013 report makes a significant contribution to development thinking by describing specific drivers of development transformation and by suggesting future policy priorities that could help sustain such momentum.

By 2020, according to projections developed, the combined economic output of three leading developing countries alone — Brazil, China and India — will surpass the aggregate production of Canada, France, Germany, Italy, the United Kingdom and the United States. Much of this expansion is being driven by new trade and technology partnerships within the South itself.

A key message contained in this and previous reports, however, is that economic growth alone does not automatically translate into human development progress. Pro-poor policies and significant investments in people’s capabilities — through a focus on education, nutrition and health, and employment skills — can expand access to decent work and provide for sustained progress.

The report identifies four specific areas of focus for sustaining development momentum: enhancing equity, including on the gender dimension; enabling greater voice and participation of citizens, including youth; confronting environmental pressures; and managing demographic change.

The report also suggests that as global development challenges become more complex and trans-boundary in nature, coordinated action on the most pressing challenges of our era, whether they be poverty eradication, climate change, or peace and security, is essential.

As countries are increasingly interconnected through trade, migration, and information and communications technologies, it is no surprise that policy decisions in one place have substantial impacts elsewhere. The crises of recent years — food, financial, climate — which have blighted the lives of so many point to this, and to the importance of working to reduce people’s vulnerability to shocks and disasters.

To harness the wealth of knowledge, expertise, and development thinking in the South, the report calls for new institutions which can facilitate regional integration and South–South cooperation. Emerging powers in the developing world are already sources of innovative social and economic policies and are major trade, investment, and increasingly development cooperation partners for other developing countries.

Many other countries across the South have seen rapid development, and their experiences and South–South cooperation are equally an inspiration to development policy. There is a need for critical look at global governance institutions and outdated structures, which do not reflect the new economic and geopolitical reality. It also calls for greater transparency and accountability, and highlights the role of global civil society in advocating for this and for greater decision-making power for those most directly affected by global challenges, who are often the poorest and most vulnerable people in our world.

Certainly, the report refreshes our understanding of the current state of global development, and demonstrates how much can be learned from the experiences of fast development progress in so many countries in the South.

Mexico City, Norway, Australia and the United States lead the rankings of 187 countries and territories in the latest Human Development Index (HDI), while conflict-torn Democratic Republic of the Congo and drought-stricken Niger have the lowest scores in the HDI’s measurement of national achievement in health, education and income.

Yet Niger and the Democratic Republic of the Congo, despite their continuing development challenges, are among the countries that made the greatest strides in HDI improvement since 2000.

Over the past decades, countries across the world have been converging towards higher levels of human development. All groups and regions have seen notable improvement in all HDI components, with faster progress in low and medium HDI countries. On this basis, the world is becoming less unequal.

Fourteen countries recorded impressive HDI gains of more than 2 per cent annually since 2000 — in order of improvement, they are: Afghanistan, Sierra Leone, Ethiopia, Rwanda, Angola, Timor-Leste, Myanmar, Tanzania, Liberia, Burundi, Mali, Mozambique, Democratic Republic of the Congo, and Niger. Most are low-HDI African countries, with many emerging from long periods of armed conflicts. Yet all have made significant recent progress in school attendance, life expectancy and per capita income growth, the data shows.

In South Asian region, the average value remains at 0.558 which is the second lowest in the world. Between 2000 and 2012, the region registered annual growth of 1.43 per cent in HDI value, which is the highest of the regions. Afghanistan achieved the fastest growth (3.9 per cent), followed by Pakistan (1.7 per cent) and India (1.5 per cent). In a sharp contrast sub-Saharan Africa achieves an average HDI value of 0.475, the lowest of any region, but the pace of improvement is rising. Between 2000 and 2012, the region registered average annual growth of 1.34 per cent in HDI value, placing it second only to South Asia, with Sierra Leone (3.4 per cent) and Ethiopia (3.1 per cent) achieving the fastest HDI growth.

With these averages, Pakistan is ranked lower than several African states and most interestingly has ranked lower then its most impoverished regional neighbour Afghanistan. This shows sorry state of affairs within the country and painful and criminal negligence of the ruling class to the human development needs. The report is an eye-opener for the policy makers of this country and poses challenges for the future governments.

The writer is Deputy Chief of South Asia Partnership Pakistan and Global

Campaigner. irfanmufti@gmail.com

 

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