election politics Urge
to purge export Need to amend Sale of Goods
Act Bad
news Education
for every girl Rise of the South
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 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
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).
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 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 caption For the benefits of
consumers.
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 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 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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