politics
Make or break

Following the decision of the Supreme Court to reinstate the Chief Justice, the army will have to admit both political and moral defeat. Though there is no evidence that the army wants to give up its position of high privilege
By Aasim Sajjad Akhtar
The dramatic spate of in political violence across the country since the end of the Lal Masjid debacle has left the country on edge. Some might say that it is predictable that such a fallout has ensued from the week-long siege and eventual storming of the mosque.

Newswatch
Bush's 'imperial presidency'
By Kaleem Omar
Commentators have often warned of the danger inherent in the office of the president of the United States becoming an imperial presidency. The military power wielded by the president is so immense that there is a tendency for the holder of the office to see the world as his private bailiwick where he can do whatever he likes and ride roughshod over whomever he likes whenever he likes. 

review
Democracy in the line of fire

By Hassan N. Gardezi
The Kargil crisis
Ironically, it was Nawaz Sharif who found himself in the midst of an international crisis for not being able or willing to keep his army chief's activities under check. Musharraf writes that it was the Kargil conflict which initially "soured" his relations with the prime minister. He devotes a whole chapter in his book on the issue in order to vindicate himself and shift all the blame for the Kargil crisis onto Nawaz Sharif.

uplift
Rural 
developments

The share allocated for development of rural areas in the budget 2007-8 is not enough to decrease the disparity between rural and urban areas
By Hina Hassan
In the month of June, the Government of Pakistan presents its annual budget divided in two sections: federal budget and provincial budget. In the current year government of Pakistan presented total budget of 1, 874 billion rupees which is considered as the biggest budget of Pakistani history.

Cronyism v Rule of Law
Denying the establishment of a true democratic structure and freedom of judiciary is in fact strengthening the hands of forces of obscurantism
By Huzaima Bukhari & Dr. Ikramul Haq
The pseudo intellectuals of Pakistan keep on criticising the higher judiciary of Pakistan for lack of courage and unity to stand up against a usurper of power. These so-called intellectuals do not realise that it is the people's will and power that alone forces the barrel of gun to renounce unlawful rule. Nowhere in the world has this task ever been performed by the judiciary. It is basically a political question and not a legal issue. Even if judiciary declares that certain coups detat was illegal, how can it force the usurper to abdicate?

Of the two mosques in our street
Not long ago, religious students and maulvis were humble and humane. What has happened now?
By Muhammad Ahsan Yatu
There were two mosques in our large street, one near its southern end, and the other at the northern end. The latter was bigger and was also serving as a small madrasa. The students would come from the remote villages of Hazara. These poor children had bright eyes and innocent face. Every one loved them and the street community would bear their expenses, happily. They were regular visitors to our home. They would feel so glad when they would meet my caring mother. She would treat them as special guests and offer them with love and respect whatever best she could cook hurriedly. 

 
issue
Not for sale

The Supreme Court decision on PSO sell-off has been welcomed because the public opinion is that the government must not privatise profit-making entities.
By Shahzada Irfan Ahmed
The Supreme Court of Pakistan's decision to stay privatisation of Pakistan State Oil (PSO) has put brakes on government's ambitious rather hurried privatisation. The court decision given on July 12, 2007 stayed the sale of all but 3 per cent of the government's 54 per cent stake in PSO that was expected to fetch around $800 million to the government.


Impacting development
According to lawyers and environmentalists PEPA is one of the best pieces of legislation in Pakistan. But government's planning and development departments think otherwise
By Aoun Sahi
Pakistan Environmental Protection Act, 1997 is the basic legislative tool in country to frame regulations for protection of the environment along with development. Under section 12(1), for new development projects which are likely to cause adverse environmental impacts, it is mandatory to file an Environmental Impact Assessment (EIA) for review and approval prior to project construction with the Pakistan Environment Protection Agency (PEPA).

politics
Make or break
Following the decision of the Supreme Court to reinstate the Chief Justice, the army will have to admit both political and moral defeat. Though there is no evidence that the army wants to give up its position of high privilege

By Aasim Sajjad Akhtar

The dramatic spate of in political violence across the country since the end of the Lal Masjid debacle has left the country on edge. Some might say that it is predictable that such a fallout has ensued from the week-long siege and eventual storming of the mosque. Others have insisted -- in typically conspiratorial fashion -- that the whole spate of violence is being orchestrated by our omnipotent intelligence agencies so that the government can stave off the serious political challenge that it has come up against in recent months. Either way things are bad, and they are quite likely to get worse.

It so happens that Pakistan is at a conjuncture unlike any other that has gone before it. The state's hitherto jihadi allies have realised that things are not as they used to be, and want the state to understand that they cannot be discarded without consequence. Accordingly they have have unleashed whatever force they have -- by no means negligible -- on their erstwhile patrons. In this deadly game parts of the establishment that still have a soft corner for the radical Islamist agenda are holding on for dear life, knowing that on the one hand that the agenda of the army high command -- following from the agenda of its imperial patron -- is no longer as it was only a few short years ago, and that on the other hand they still have at their disposal a lethal infrastructure that may yet deliver them to their 'Islamic' utopia.

Meanwhile, the discontent with the army's domination of state and its increasingly vicious penetration of society has reached a feverish pitch. The chief justice has become a symbol of this discontent, and the lawyers have been the chief representatives of the public voice. It is another matter altogether that the quite spontaneous movement to which the chief justice's deposal gave rise has not been taken to the people in a manner that might have completely overwhelmed the Musharraf junta. To be sure, it has become clear in no uncertain terms that there is great resentment at the army's role in the wider social sphere and that it no longer occupies that exalted position over and above the 'civilians' that has allowed it to rule the roost for as long as it has.

These parallel 'situations' should not be seen as separate. They are very closely intertwined. And it is in attempting to understand the various happenings in the country over the past few months in a holistic manner that one can identify the disease and then consider if there is a cure, what it is, and how it may be administered. In the first instance it is imperative that one recognise that the internal struggle within the army over the manner of engagement with jihadi forces is not one that has emerged only today. In fact it has persisted since the Zia period which is when the ideology of Islamic jihad actually found space within an otherwise highly secular army, deeply influenced by the 'professional' traditions inculcated by the British. Be that as it may the struggle remained non-antagonistic because the army as a whole was unified in its decision to use the ideology of jihad as a means of achieving its highly secular strategic objectives in Afghanistan and the larger southwest Asian region.

It was perhaps inevitable that a small but growing number of officers and jawans would not simply adopt jihad as a functional tool but in fact becoming deeply committed to it at an ideological level. However, uptil quite recently, this influential strand of officers and jawans continued to operate freely, because the army as an institution continued to instrumentalise religion both to maintain its dominant political position in the country and to assert its influence over Afghanistan and the struggle of Kashmiris for self-determination. In fact the independent corporate interests of the army ensured that these two ideologically opposed camps within remained clear on the larger objective of securing the army's dominant position and the myriad perks and privileges that this position entails.

Regardless of whether this non-antagonistic contradiction started to become more acute, the fact of the matter is that it was after the start of Bush's 'war on terror' that the battle lines were actually drawn. And it has taken almost 6 years for things to apparently come to a head. It is impossible to say exactly how serious the internal rift actually is, or to what extent the camp with sympathies for jihad still exercises power at the level of the high command, but in any case, a long-term policy of supporting jihad cannot be undone overnight.

On numerous occasions over the past 6 years, it has not even been clear that the 'professional' camp led by Musharraf has wanted to totally disengage with jihad. And it still might not want to, playing a dangerous double game trying to appease the Americans on the one hand and keep its options open vis a vis jihad on the other. It would appear that the spate of attacks after the Lal Masjid operation speak to this long-standing contradiction.

And then there is the popular discontent against the army's role in Pakistan. Following the decision of the Supreme Court to reinstate the Chief Justice, the army will have to admit both political and moral defeat. This does not mean that it will go easily, especially if the momentum of the lawyers' movement does not persist. Decades of manipulation of the political process will continue to rear its ugly head in the shape of co-opted and badly disorganised political parties. Yet it is difficult to see things going back to the way they were uptil the recent past when the army could distinguish itself from 'inept' politicians and rule the country on account of its reputation for being 'clean' and 'efficient'.

The fact that jihadi ideology and politics has made inroads into a fairly significant section of society, and that where it has not it garners distant admirers, is a direct product of the army's role in state affairs. The army has, alongside, other institutional interests and propertied classes, prevented the establishment of an open political process, precisely because such a process might threaten the army's dominance as well as the influence of some of its junior partners. At least part of the strategy has centered around filling the vacuum created by political and cultural repression through religious groups, including those committed to using violence to achieve their parochial ends. This strategy seems to have worked in containing anti-establishment politics and reducing mainstream parties to negotiating agents, but its costs are now becoming fully apparent.

In a worst case scenario this long-standing ambivalence within the establishment about ties with radical groups willing and able to use violence will degenerate into something resembling civil war. However, even in this scenario, it is extremely dangerous to support Musharraf under the guise that this is the best available option. Aside from the fact that this means that one would be supporting American imperialism against one's own people, it also suggests that the army can be trusted to 'do the right thing'. In fact the army is very much the root cause of the problem. The army has paralysed the political process, cynically instrumentalised Islam and built up a huge corporate empire in the process. There is no evidence that the army wants to give up its position of high privilege, and it is likely to subject Pakistanis to all of the fallouts of its games so long as its own interests remain intact.

Thus one hopes that the lawyers maintain their pledge of not resting easy now that the CJ has been reinstated. One hopes that a critical mass of politically conscious Pakistanis become active to augment the popular struggle. One hopes that political parties recognise that sooner or later they have to trust the people rather than rely on backroom contacts with an army that eventually stabs them in the back. One hopes that the cynical use of religion in politics eventually becomes a bad memory. This is admittedly a long wish-list, but by no means an unrealisable one so long as everyone who should puts their hands up to be counted.

 

Newswatch
Bush's 'imperial presidency'

By Kaleem Omar

Commentators have often warned of the danger inherent in the office of the president of the United States becoming an imperial presidency. The military power wielded by the president is so immense that there is a tendency for the holder of the office to see the world as his private bailiwick where he can do whatever he likes and ride roughshod over whomever he likes whenever he likes.

This tendency is clearly evident in President George W. Bush's actions, and nowhere more so than in his invasion and occupation of Iraq in violation of every canon of international law and in flagrant defiance of world public opinion -- including, increasingly, public opinion in his own country where his approval rating has now sunk to 29 per cent, the lowest level for any president in sixty years.

Warnings concerning the danger of an imperial presidency go back to the days of James Madison, the fourth president of the United States, and other founders of the American republic.

As the San Francisco Chronicle's columnist Robert Scheer notes in an article published by TruthDig.com on July 18, 2007, George W. Bush is the imperial president that Madison and other founders of the United States warned the American people about.

Scheer writes that Bush ''lied to the nation into precisely the 'foreign entanglements' that George Washington feared would destroy the experiment in representative government, and he has championed a spurious notion of security over individual liberty, thus eschewing the alarms of Thomas Jefferson as to the inalienable rights of free citizens. But most important, he has used the sledgehammer of war to obliterate the separation of powers that James Madison enshrined in the US Constitution.''

With his 'war against terrorism' Bush has asserted the right of the president to wage war anywhere and for any length of time, at his whim, because -- as Scheer notes in a perceptive comment -- "terrorists will always provide a convenient shadowy target."

The 'continual warfare' that Madison warned of is justifying the primary role of Congress in initiating and continuing to finance a war -- the very issue now at stake in Bush's battle with Congress.

The Iraq war has already cost the lives of more than 600,000 Iraqi civilians, according to a study conducted by the respected British medical journal 'The Lancet'. It has also cost the lives of close to 4,000 American soldiers, with no end to the killing in sight.

The war has so far cost American taxpayers about $ 500 billion, and Bush now wants Congress to appropriate tens of billions of dollars more for the war in the military spending bill for fiscal 2008 (which commences on October 1 this year).

Bush has threatened to veto any legislation passed by Congress that would set timetables for the draw down of US troops in Iraq or dictate a change in mission for remaining forces.

Senate Minority Leader Mitch McConnell, Republican-Kentucky, said last week that it was pointless to adopt amendments in the military spending authorisation bill for fiscal 2008 that would provoke a presidential veto.

But Senate Majority Leader Harry Reid, Democrat-Nevada, said exhausted troops and an American public fed up with the war deserve more than an expression of disapproval by Congress. "Our votes, not our voices, will prove whether our resolve is firm and whether we are prepared to lead," said Reid.

In his 'Political Observations,' written years before he became the fourth president of the United States, James Madison emphasised the dangers of an imperial presidency bloated by war fever. "In war," wrote Madison in 1795, at a time when the young American republic still faced its share of dangerous enemies (including British King George III's troops stationed in North America) "the discretionary power of the Executive is extended and all the means of seducing the minds are added to those of subduing the force of the people."

Drawing an analogy between King George and President George W. Bush, Robert Scheer writes: "How remarkably prescient of Madison to anticipate the spectre of our current King George imperiously undermining Congress' attempts to end the Iraq war."

When the prime author of the US Constitution explained why that document grants Congress -- not the president -- the exclusive power to declare and fund wars, Madison wrote, "A delegation of such powers (to the president) would have struck, not only the fabric of our Constitution, but at the foundation of all well organised and well checked governments."

Because "no nation could preserve its freedom in the midst of continual warfare," Madison urged that the constitutional separation of powers that he had codified be respected. "The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war,the power of raising armies," he wrote. 'The separation of the power of raising armies from the power of commanding them is intended to prevent the raising of armies for the sake of commanding them," Madison wrote.

Referring to Madison's words, Scheer says: "That last sentence perfectly describes the threat of what President Dwight Eisenhower, 165 years later, would describe as the 'military-industrial complex,' a permanent war economy feeding off a permanent state of insecurity."

In other words, the military-industrial complex always needs an enemy to justify the money spent on the military and its weapons systems. Those weapons systems are manufactured by US corporations and sold to the Pentagon at prices that generate huge profits for the manufacturers. To ensure that Congress continues to authorise the money needed to finance all this, the military-industrial complex employs a legion of highly-paid lobbyists. Many of the lobbyists are former senior US military officers.

As Scheer notes, the collapse of the Soviet Union in 1990 deprived the military profiteers of a raison díetre for the massive war economy supposedly created in response to it. Bush found in the 9/11 attacks an excuse to make war even more profitable and long lasting.

Hence, the war against Iraq, a country that never had anything to do with the 9/11 attacks.


  review
Democracy in the line of fire

By Hassan N. Gardezi

The Kargil crisis

Ironically, it was Nawaz Sharif who found himself in the midst of an international crisis for not being able or willing to keep his army chief's activities under check. Musharraf writes that it was the Kargil conflict which initially "soured" his relations with the prime minister. He devotes a whole chapter in his book on the issue in order to vindicate himself and shift all the blame for the Kargil crisis onto Nawaz Sharif.

Kargil, a small town on the Indian side of the Line of Control (LOC), is located in the frigid high mountains of northern Kashmir. According to Musharraf's narrative, in early 1999 "Kashmiri freedom fighting mujahideen occupied the Kargil heights that the Indian army had vacated for the winter". When Indian soldiers returned to their posts in early summer, Musharraf had already moved several battalions of troops belonging to the Northern Light Infantry (NLI), a paramilitary force not fully integrated in the Pakistan army, in "support" of the mujahideen. As he puts it, "Our field commanders were fully engaged in supporting them in the face of growing momentum of the Indian operations." In practical terms, this "growing momentum of the Indian operations" amounted to a massive Indian air and ground attack by "more than four divisions" of the Indian army to expel "five battalions" of Pakistan's NLI troops from their side of LOC. They "also started crossing over and bombarding positions of the Pakistan army," says Musharraf. Outnumbered and outgunned the mujahideen and the supporting soldiers from Pakistan were being picked one by one by the Indian fire. Nevertheless, Musharraf remained convinced that his fighters will be able to repel the "disproportionate" Indian assault.

He insists that by July 4, the day cease-fire was declared, the Indians "did achieve some success, which I would consider insignificant. Our troops were fully prepared to hold our dominating positions ahead of the watershed." (p.93)

In the meantime, the world leaders were getting very alarmed by this bloody flare-up which they feared could lead to a nuclear war between the two South Asian rivals. There was "intense international pressure" on Nawaz Sharif, according to Musharraf's own admission, and there was talk about Pakistan army being a "rogue's army". (p. 95)

On July 3, Nawaz Sharif flew to Washington to address President Clinton's concerns about the situation, but not before asking his army chief one more time: "Should we accept a cease-fire and a withdrawal?"

Musharraf writes that his "answer was the same: the military situation is favourable; the political decision has to be his own." (p. 97)

In Washington, on July 4, as one can recall, President Clinton confronted Nawaz Sharif with satellite surveillance pictures showing a massive buildup of Indian war machine on Pakistan's international borders and the prime minister, no less a "patriot" than Musharraf one would assume, realised that withdrawal was the only alternative to another devastating all-out war with India. He agreed to cease-fire and withdrawal from the Kargil heights. But Musharraf in his book protests: "He went off and decided on a cease-fire. It remains a mystery to me why he was in such a hurry." (p. 97)

Yet, Nawaz Sharif's going off to Washington and negotiating a cease-fire was no more of a mystery than Field Marshall Ayub Khan's taking off to Tashkent to negotiate the end of 1965 war with India.

The problem is that in launching the Kargil operation, Musharraf and a few of his commanders that he had taken into confidence, had learned nothing from the past mistakes. He claims that the operation he initiated "on the snow clad peaks and in the boulder ridden valleys of the Northern Areas" was "a tactical marvel of military professionalism". What he does not realise is that this "marvel" was merely a thoughtless repetition of the same old and failed strategy the venerable Field Marshall had employed in Kashmir in the August of 1965, touching off an all-out war with India. It was the same old story of reliance on volunteer militant fighters, now available ready-made in all shapes and forms of mujahideen zealots, to cross the LOC in Kashmir, followed by deployment of regular troops, followed by denials when the other side turned the heat on, and the whole operation undertaken without a full and sober assessment of its military, political and international-diplomatic consequences.

Why did Musharraf not oppose the cease-fire at the time it was negotiated, if he was so sure that it was a bad idea, and left the "political decision" to the prime minister? Here is a rather implausible explanation:

"As the chief of the army staff, I found myself in a very difficult position. I wanted to explain the military situation, to demonstrate how successful we had been and point out political mishandling that had caused so much despair. But that would have been disloyal, and very unsettling for the political leaders." (p. 95)

Coming from a self-assured politician-bashing general, it certainly is an odd statement. What seems closer to truth is that the reckless Kargil operation, undertaken secretively in disregard of its grave political and security consequences for Pakistan and the region, had raised a storm of criticism in both the domestic and the foreign media, as is also evident from Musharraf's own complaint that "All kinds of carefully placed articles had appeared, including a one-page advertisement in a newspaper in the United States, maligning the army and creating a divide between it and the government." (p.137) Any attempt to justify what he had done would have prolonged the questioning of his judgement and his competence as chief of the army.

That seems to be the real reason which kept him quiet in the immediate aftermath of the Kargil crisis.

While writing in retrospect, from his secure presidential perch, Musharraf can afford to be himself again, a military general with overflowing confidence. And that is what is really important for a proper assessment of what his rule, or military rule in general, means for Pakistan. Quoting Richard Nixon, Musharraf says that a leader must never "suffer paralysis through analysis". (p. 131) This is surely not a very reassuring precept coming from someone who leads a modern state.

 

The case of Balochistan

A specific example of this narrow militaristic approach to complex domestic issues is also encountered in Musharraf's thinking on the current political unrest in Balochistan and methods adopted by his regime to contain that unrest. He writes:

"Balochistan is Pakistan's largest province in area but smallest in population. It is also the most backward.... Ninety-five per cent of Balochistan is administratively a 'B area', where the government does not exercise total authority and the local sardar or chief plays an important role. Only 5 per cent is an 'A area', which comes under the regular government. A few of the sardars in B area have been manipulating and blackmailing every Pakistani government for decades, using militant mercenaries that they maintain as their local militia forces. They have also kept their own tribes suppressed under their iron grip through indiscriminate use of force. I have taken upon myself to convert all the B areas into A areas and establish the government writ there." (p.59)

This is indeed a stark depiction of a complex political and social problem. Shorn of its colonial and historical accreditions, the persistent Baloch demand for political autonomy and control over their natural resources is simply reduced to the problem of enforcing the government's writ. And, as is common knowledge, the enforcement is being accomplished through a massive military and para-military operation, third of its kind in Balochistan since independence and perhaps the most brutal. On top of it, innumerable complaints are being voiced about human rights violations and "disappearances". All this is bound to be counterproductive, as past experiences with domestic military operations have shown. If the problem was just to convert B areas into A areas, that objective could have been achieved more peacefully and effectively by extending to all the people of Balochistan their entitlements to full citizenship, such as adequate means of livelihood, education, health care, electricity, communication and transportation services, thereby raising their sense of identification with the nation and the national government.

Unfortunately, today there are more military and paramilitary soldiers posted in Balochistan than there are teachers at all levels of educational institutions.

In fact, what is happening in Balochistan today is part of a continuous process of building the Pakistani state into a highly centralised, unitary and authoritarian political structure in which the army establishment has come to play a decisive role. Such a political structure remains impervious to the basic needs of people, operates in a neo-colonial framework and is inimical to pluralistic democracy.

Who rules Pakistan?

There is an interesting chapter in Musharraf's book in which the author picks up the question of why democracy has "eluded Pakistan since its birth in 1947". He starts out by defining democracy with textbook precision as "rule by the people". This is followed by an indisputable observation that "What we in Pakistan have consciously created instead is rule by a small elite -- never democratic, often autocratic, usually plutocratic, and lately kleptocratic -- all working with a tribal-feudal mind-set ..." (p.154)

But then he makes a strategic omission in his next statement: "This small elite comprises feudal barons, tribal warlords, and politicians of all hues." Missing conspicuously from this statement are the army generals who have ruled Pakistan directly and indirectly over most of its history. They could, of course, be included with some justification, in any of the categories of feudal barons, warlords, or politicians of all hues, but that is not what is intended. The generals are said to be the monitors of good government who occasionally stage military coups to "save the nation".

In reality, however, the generals have not only ruled Pakistan for extended periods of time, they have shown a great appetite for politics and political engineering of "what we in Pakistan have consciously created...." It was General Ayub Khan, who first swept aside whatever the civilian politicians had accomplished in the first decade of independence and started out afresh "to establish political institutions and stable instruments of government."

Even before he took over the reigns of government, he was obsessed with thoughts of doing something with the political "problem" in the country. On a sleepless night in October 1954, he sat up in a hotel room in London and wrote a document on how the people of Pakistan shall be governed.

The document was later incorporated in the constitution of Pakistan when he took over, putting the country on the road to "controlled democracy" and a powerful unitary state.

Each subsequent military ruler has made his own contribution to enhancing the power of the central state over its citizens and its constituent units. When Musharraf took over as head of the state he, too, set himself a political agenda with two major priorities laid out in his book -- first, to "instutionalise" the army establishment's de facto role and power in conducting the affairs of the state, and secondly, to centralise state power in the federal government on the pattern of militaristic hierarchy of control and command.

In support of his first project, he starts out by asserting that there are "three power brokers" in Pakistan's political system: the army, the president and the prime minister, and affirms that:

"Imposing checks and balances on the three power brokers of the country was always high on my agenda." (p.170) Although the power of all the three is to be checked and balanced, his argument revolves mainly on the need to check the prime minister's power in order to make him "govern better". Referring to the interregnum of civilian democracy between 1988-1999, he writes:

"It almost invariably happened that the prime minister would refuse to listen, and this refusal would lead to intense acrimony between him and the president or even the army chief. This invariably resulted either in the dissolution of the assembly by the president or, once the power of the president to dissolve the Assembly was removed, the danger of the imposition of martial law by the army chief." (p.170)

In order for the country to escape that "danger" in future, Musharraf proposed and got enacted, by a simple majority vote of the National Assembly, the establishment of a National Security Council (NSC), on which are represented "four men in uniform", the three army, navy, air force chiefs and chairman of the Joint Chiefs of Staff Committee.

The Council is to meet regularly and keep pressure on the prime minister to "perform", which will help "sustain democracy and avoid martial law".

Musharraf also argues that there will be no need for the army chief to remove the prime minister and take over "because he has an institution available to voice his concerns (and the concerns of a worried people) to the prime minister and can then allow the constitution and the political process to take its course." (p.171)

Some consolation indeed, for the future prime ministers.

The reader is also assured that the NSC is to be a "consultative body" only. However, one cannot help but note that the raison d'etre behind the NSC is army's monopoly over the coercive power of the state which it has used in the past to overthrow elected civilian governments, not withstanding the after-the-fact rationalisations (the imminent destruction of the country, the doctrine of necessity and its various versions). On the other hand, the president and the prime minister derive their power and its limits from the constitution which Gen Zia once dubbed as a mere "piece of paper". One can take Musharraf's word for it, but the "consultative" role of the NSC with four men in uniform on it can indeed be quite formidable and intimidating, to say the least.

Musharraf's second political project of centralising power in the federal state appears as point 2 of his seven-point political agenda, announced shortly after his 1999 coup, which states: "Strengthen the federation, remove interprovincial disharmony and restore national cohesion." (p.149) However, there is no proposal in his book specifically aimed at structural changes in the existing relations of power between the centre and the federating units, highly centralised as they already are. What we have is a plan to "devolve power to the grass roots", which seeks to forge direct links between the central government and the local level administrations, bypassing the provincial governments. According to Musharraf, "Pakistan has had a central (federal) government and large regional (provincial) governments, but the local affairs have been either unregulated or managed by the provincial governments." (p.172)

His Local Government Ordinance 2000 creates a three-tier administrative structure of elected bodies, the District Council, the sub-district or tehsil Council and a multi-village Union Council, each headed by a nazim or administrator. The delivery of services and public goods are transferred from the provincial governments to the district administrations, and direct budgetary allocations can be made to the district and lower level bodies by both the central and provincial governments.

It has been a usual practice for Pakistan's military rulers to fall back on projects of local level democracy after overthrowing the elected national governments in order to claim popular legitimacy for their rule, Yahya Khan's short-lived rule being an exception. Ayub Khan crafted "Basic Democracy" as a truly indigenous form of Pakistani democracy. Zia-ul-Haq relied on the holding of party-less local bodies' elections to shore up his democratic credentials and Musharraf points to his Local Government Ordinance (LGO) to project himself as a true democrat. All have a record restricting the jurisdiction of provincial governments, and suppressing movements of provincial autonomy with military force. Ayub conducted such army opperations in Balochistan, Yahya in East Bengal when it was part of Pakistan, Zia in Sindh, and now Musharraf again in Balochistan.

While Musharraf takes much credit for having introduced grass roots democracy with his LGO the implementation of which he calls a "silent revolution" on the authority of World Bank (p.151), he is also compulsively attracted to a militaristic, hierarchal power structure in governing the country. He contends that Pakistan was in "dire need of unity of command", by which he means a "single authority", not only in the political system but also over and above the bureaucracy and the military. (p. 177)

Interestingly enough, he considers his military uniform as the symbol of that unity of command and single authority.

He admits quite candidly that he had given "verbal commitment to retire from the army and remove my uniform by December 2004", but realising the gravity of the domestic and international situation, particularly "the war against terror", he came to realise that "removing my uniform would dilute my authority and command at a time when both were required most". (pp. 176-177)

Referring to the concerns abroad about military's involvement in politics, he says: "I am still struggling to convince the West that Pakistan is more democratic today than it ever was. Ironically, to become so it needed me in uniform." (p.333)

 

Overview

Musharraf is fourth in the line of army chiefs of Pakistan who have ruled the country directly as heads of the state. His memoir can be read as the summation of how these men have charted the direction in which Pakistan's political system has evolved, with the army located at the centre of its structure of power and privilege.

It is claimed by this president in uniform that the army is "the last institution of stability left in Pakistan". (p. 149) Perhaps no one will dispute that army has emerged as the only institution in Pakistan that can claim stability, and has established its de facto power in the political economy of Pakistan. The question is how did the army achieve that kind of exclusive stability and power, and whether it is conducive to the long-term survival of Pakistan as a democratic state? According to Musharraf's narrative, corruption of the politicians who are elected to exercise legislative and executive power lies at the root of military's ascendency. At some point when the political and financial corruption of the politicians gets out of hand, the military as an honest broker springs to action, removes the incumbent government, and "saves the nation".

But corruption is by no means the exclusive endowment of the Pakistani politician. Political and financial corruption is inherent in the political economy of capitalism, although it can be more blatant and visible in countries like Pakistan where property relations of capitalism are underdeveloped.

To check or contain the ubiquitous problem of corruption, stable capitalist democracies provide for an independent and constitutionally empowered judiciary as one of the three branches of the state, the other two being the executive and the legislative. The concept of checks and balances applies to these three branches of the state, not to the so called "three power brokers" as conceived by Musharraf. Army is only part of the executive branch of the state whose job is to take orders from the incumbent government and defend the territorial borders of the state.

So long as Pakistan's military high command continues to cross the boundaries of its constitutionally allocated role and pre-empts the judiciary from performing its functions, setting itself up as the "saviour of the nation", so long as the army chief does not learn to accept orders from the  constitutionally recognised executive head of the state and instead tries to impose his counsel on him or takes military action to displace him, and so long as the army establishment continues to spread its tentacles into the political sphere and manipulate the process of elections to the legislature, the army will indeed be "the only institution of stability left in Pakistan". The rest of the instititutions, the foundations of a modern democratic state -- an executive that rules by consent and not command, a legislature that represents all the people and a judiciary that understands and upholds the rule of law -- will either wither away or exist in a crippled and corrupt form. Unfortunately, in that case, there will also be no end to the crisis of governance in Pakistan.

 

-- Concluded

uplift
Rural 
developments

The share allocated for development of rural areas in the budget 2007-8 is not enough to decrease the disparity between rural and urban areas

By Hina Hassan

In the month of June, the Government of Pakistan presents its annual budget divided in two sections: federal budget and provincial budget. In the current year government of Pakistan presented total budget of 1, 874 billion rupees which is considered as the biggest budget of Pakistani history. Federal government shares 1, 353 billion rupees while the rest of the budget is divided into the provinces. For the Development incentives, 520 billion rupees have been allocated, 52 per cent of which will be spent on infrastructure and 48 per cent on the welfare of the people. Rs.747 billion have been allocated for Public Sector Development Programme (PSDP).

Although the development budget has been further categorised under rural and urban divisions, the government takes this development budget as a whole and there is no visible categorisation in this regard. Ironically in Pakistan there is no specific definition of the rural areas and according to the last census reports both urban and rural localities are further divided into rural/urban population. For instance the District Census Report of Layyah 1998 says: "The urban population of the district was 144 203 or 12.9 % of the total population of the district, which grew at an average rate of 5.0 % during 1981-98 and had increased from 4.9% observed during 1972-81." Therefore, there is no rural and urban area specification as such. Hence in this regard the definition of rural areas is questionable.

Unfortunately rural development in Pakistan is massively ignored as compared to urban development. Interestingly much of the money is generated through agriculture (rural areas) but is mostly spent on beautifying urban areas -- ironically with perverse effects on urban poverty as well -- solving traffic problems, and maintenance and widening of already constructed road. Contrary to that, rural areas have been deprived of the least services to cover for people's basic necessities.

According to the World Bank Report on Rural Poverty in Pakistan (April 2007) 60 per cent of the rural population in situation of poverty depends on non-farm activities for the source of their livelihood in rural areas. Thus the rural poor are largely composed of such people as crafts men, shoe mender, fisher folks etc. but the budget does not give any space to them. 

Statistics from Eight 5 Years Plan shows that 68 per cent of total population lives in rural areas, total literary rate is 27.5 per cent but 57 per cent of this total literacy rate is urban areas, 47 per cent people can avail save drinking water, 14 per cent can enjoy sanitation facilities. Ironically 60 per cent of those 14 per cent are available in urban areas only.

For the rural areas development budget is commonly understood as agriculture budget. This year, an amount of 1.5 billion rupees have been allocated for agriculture and livestock. Subsidy has been given to growers: a tube-well subsidy of 25 per cent is payable on electricity charges -- centre and province will share this subsidy -- and a subsidy on DAP (fertiliser) bags. However, budget does not address land owners with less than 5 acres, which maintains the phenomenon that the agriculture budget has always been biased in favour of landlords, despite new measures in the current budget to facilitate access to credit for agricultural purposes targeted at agricultural labor, tenants and other landless farmers.

Only 24 billion and 5 billion 240 million have been released for education and health respectively. This meagre allocation represents a stark reduction from the previous budget, which would badly affect rural areas. Effects of such cuts on urban areas cannot be negated, of course, but the already unforgivably neglected rural areas would undeniably suffer most of the lot. The government unfortunately could not balance between the primary and higher education level. Most of the funds have been utilised to perpetuate higher education while primary units situated in rural areas had been practically ignored. Another part of the problem is that the district governments are given increased responsibilities in education, but that it is not given the capacity to make use funds for this purpose. In addition, the budget mentions that 815 urban health clinics will be constituted in the big cities, but nothing is specifically mentioned concerning rural health centres.

According to the statistics (The News June 15), the provincial government of the Punjab announced an allocation of Rs. 6.5 billion for water supply and sanitation schemes, 26 per cent of the total 718 water supply schemes being allocated for rural sewerage and drainage and 20 per cent for urban ones, 45 per cent for rural water and sanitation schemes and 9 per cent for urban water and sanitation schemes. Rs. 328 million will be spent on ongoing programmes whereas Rs. 275 million will go on new schemes.

Total allocation in agriculture, food, irrigation, forestry and fishing has been enhanced from Rs. 10.71 billion to Rs. 16.57 billion. The proportion is commendable as a comparison between urban rural funds allocations but such announcement have been made many times before, without the fate of rural populace having ever been improved.

The Ministry of Housing and Works has been ordered by the prime minister to include in the budget construction of 37000 houses in Islamabad for low paid employees on ownership basis. However, rural people, who also have pressing housing needs, have been badly ignored in this regard. The houses of the rural poor are self-built, vulnerable and face imminent destruction in case of harsh weather and natural calamities, most of them being constructed without concrete, cement and other essential ingredients for house building.

Current budget increases allocation of funds for Pakistan Bait-ul-maal. According to the government 70,000 households would benefit. With the government's food assistance programme to 1,500,000 poor and needy people, the total number of beneficiaries through Pakistan Bait-ul mal would reach 2,200,000 households. Ironically the rural/urban proportion has not been discussed. In other words, the rural poor and needy households have deliberately been ignored. These allocations required practical actions to distribute food and income among the deserving people. If the government does not establish a system of transparent funds transfer to the deserving households, the effectiveness of the Bait-ul-maal would be undermined. 

Last year, the Government of Pakistan announced an internship package in the urban areas for the educated youth of country in order to eliminate unemployment. The current budget does not provide any vocational training for the unemployed non-farm youth of rural areas and there is very little investment for providing job opportunities as only two dairy farming companies have committed to set plant in rural areas.

In the home every month, needs are reassessed and the budget income gets allocated in the more vulnerable sections of the home's maintenance, where needs are most pressing. The Government of Pakistan should consider the rural areas as the most vulnerable section of its national maintenance, with pressing concerns in every field of life for instance getting fundamental facilities, infrastructure, per capita income etc.

That is the only way to close gulf between the rural and urban areas. To achieve a sustainable balance in economic policy is required so to reduce poverty and disparities between the urban and rural developments. Strong mechanism should be constituted so that implementation of the allocated funds could transparently approach to deserving sectors and announced funds, no matter how meager they, be at least could reach the poor and vulnerable of the rural country.

 

Cronyism v Rule of Law
Denying the establishment of a true democratic structure and freedom of judiciary is in fact strengthening the hands of forces of obscurantism

By Huzaima Bukhari & Dr. Ikramul Haq

The pseudo intellectuals of Pakistan keep on criticising the higher judiciary of Pakistan for lack of courage and unity to stand up against a usurper of power. These so-called intellectuals do not realise that it is the people's will and power that alone forces the barrel of gun to renounce unlawful rule. Nowhere in the world has this task ever been performed by the judiciary. It is basically a political question and not a legal issue. Even if judiciary declares that certain coups detat was illegal, how can it force the usurper to abdicate?

Judiciary has no power (physical) to get its order implemented by force? The responsibility for failure of political leadership in Pakistan to counter intervention of civil-military bureaucracy cannot be shifted to the judiciary. The result of lack of political wisdom of Pakistani leaders is obvious -- the complete subservience before dictators, military or civil hardly matters. Instead of leading the people and having full faith in them they have always opted to win favour of the mighty, who in return, insist on treating them as cronies.

The same is true for clergy, who keep misguiding the people in the name of religion but always join hands with the military. The latest episode of Lal Masjid/Jamia Hafsa is a classical case for study. A number of innocent people were made scapegoats by the forces of obscurantism. The final crackdown at early hours of July 10, 2007, resulting in a loss of life of hundreds of people including members of security and law enforcement agencies, exposed both the ugly faces of clergy and their mentors in the government. The nation will have to pay a very heavy price for this bloodbath, happened due to mishandling and criminal culpability of certain elements in the government. In the coming days this unfortunate event will have backlash in the tribal areas where already pro-Taliban forces are reuniting and getting the support of masses.

The mighty in their lust for money and power want to rule the world despotically for which they have to create cronies to fulfill their agenda; the best examples being those of Iraq and Afghanistan where puppet governments are acting against their own peoples. The Bush administration wants its 'partners' [in fact cronies] in 'War against Terrorism' [sic] to do more and more. Those who chose to become friends of the USA against its proxy war in Afghanistan after the aim and objectives achieved by the master found themselves in the line of fire. These were the wages of unconditional submission before the despots.

It is an historical determinism that the power and lust for money brings a crony in conflict with the master, who can tolerate everything but threat to his own authority. So if one remains a crony, survival is possible, but the moment that crony aspires to pose some threat to the master, his days are numbered. There are great lessons for every crony to learn from history, but they seldom do so for the simple reason that lust for money and power is hard to overcome.

Behind the whole bizarre episode of March 9, 2007 lurks a continuous struggle between the different organs of state to display their supremacy. Control of state with the barrel of gun cannot be matched by judicial activism. It is the sole responsibility of political leadership to galvanise and mobilise people's force to counter any extra-constitutional move by any adventurer so nobody can ever dare to take such a step. Courts are meant to interpret the law, whereas enforcing the will of people and countering any despotic rule is always a political question that cannot be solved in the courts.

Since our leadership has failed, the entire society is now in the line of fire. The worsening law and order situation testifies to the fact that progress and tranquility cannot be achieved by merely toeing the policies of aggressors and oppressors.

The quote from Aristotle's The Politics, "when laws do not rule, there is no constitution" fits most aptly to Pakistan's political evolution and constitutional history. Our military and civilian rulers have always acted in an identical manner in violating all established norms of rule of law and the result as predicted by Aristotle is before us. Every ruler has mutilated (a very mild term to describe what really happens with the supreme law of the land) the constitution to suit his or her needs and to perpetuate dictatorial regime under one pretext or the other. The role of judiciary in endorsing these unconstitutional rules remains the most lamentable chapter of our history.

The issue of ousting of chief justice cannot be examined in isolation. The conduct of each government since 1948 was to waste or plunder public money, forcing the people into international debt enslavement and mercilessly flouting all rules and laws. So if we failed to have true democracy or a responsible government it is really not surprising.

The three constitutions we framed were merely pieces of paper having no sanctity as even the framers of these documents violated them. The constitution of a country is a living and vibrant document that determines the future direction of the nation, provided there is respect for the document and for rule of law. In a country where a single person is authorised (by self-acclaimed decree or through an authority itself lacking competence under the law) to amend the supreme law of the land, there can neither be democracy nor constitution.

In a democratic set-up, the electoral process ensures dominance of the people over those who hold political offices. Here in Pakistan we want to determine it through a self-imposed president cum-what-not, who has almost veto power over everything. This brand of 'sustainable democracy' and 'responsible government' is unknown to the students of constitutional law anywhere in the world.

The electoral process is tainted with disqualifications, in some cases on purely political considerations to keep certain actors outside the process. One wonders what useful purpose this unjust process can yield. It is only bound to frustrate franchise, forcing them to believe that the entire electoral process is a selection exercise to ensure that men from the King's party reach the corridors of power to join the bandwagon of the rulers of the day.

It is extremely unfortunate that due to despotic rule, forces of obscurantism are getting support of masses merely for the reason that people who matter in the land are following the agenda of USA and its allies that is detrimental to the interest of the Muslim World as a whole. Denying the establishment of a true democratic structure and freedom of judiciary are in fact strengthening the hands of forces of obscurantism.

The so-called advocates of enlightenment should consider this point if they want to make this society a place worth living. If they continue to resist the establishment of a true democratic culture in society the forces of obscurantism will continue to thrive.

(The writers are leading social researchers, tax advisers, authors of many books and members of Visiting Faculty of LUMS).

 

Of the two mosques in our street
Not long ago, religious students and maulvis were humble and humane. What has happened now?

By Muhammad Ahsan Yatu

There were two mosques in our large street, one near its southern end, and the other at the northern end. The latter was bigger and was also serving as a small madrasa. The students would come from the remote villages of Hazara. These poor children had bright eyes and innocent face. Every one loved them and the street community would bear their expenses, happily. They were regular visitors to our home. They would feel so glad when they would meet my caring mother. She would treat them as special guests and offer them with love and respect whatever best she could cook hurriedly.

During vacation the children would go back to their villages, and on return would bring a special gift, corn flour packed in small bags. They would carry the bags through a long journey to Rawalpindi to present it to my mother. That degree of reciprocity and affection, I have not seen again.

I remember asking my mother once, "Isn't it inappropriate to accept their gift that they carry through so long a distance?" "It will hurt their little heart. It will hurt their mothers' hearts. Do not say it ever again." My mother silenced me by saying this but continued talking to herself, "Why a madrasa, they should have been in the schools and nearer to their mothers. It is cruelty? Isn't it?"

These children would stay at the madrasas, till they would get enough education to become maulvis (religious scholars). Afterwards they would teach in a mosque or a madrasa in Rawalpindi or elsewhere. There was a balance between the students and the opportunities. Almost all of the religious teachers would find a place. Those from our mosques, who stayed in Rawalpindi, would come, though occasionally, to see us. Our relationship with the students and the maulvis ended when we moved to Islamabad.

The religious students I knew and I saw, and I saw many of them becoming maulvis, were humble and humane. Where are those children? Where are those maulvis? Where are those days? Where is that balance?

The mosques of our street were managed by the masjid committees. Each had four members. All of them were reasonably educated, Matriculate or above. They were respectful people. The children used to stay away from them. They would not stop us from playing. All that they would say was, 'play in the ground'. In those old days there were many grounds in Rawalpindi. All have now been buried under concrete structures. 

Some of the managers were quite strict to their children. They would not allow them to go out, but to the house of the roosee, whose occupants were relatively more educated. The word roosee meant the Russians; and that was how the socialists were known among common people in those days.  Our home was the house of the roosee.

Where have those wise mosque managers gone? 

The children of Jamia Hafsa -- whom we saw leaving the besieged premises before the start of the 'Operation Silence' --  were not different from the children of our mosques. But their eyes were asking saddening questions, "Why are we being humiliated and harassed? What have we done? One day your flowers become our necklace, the other day your bullets hit our head: Who are we? Who are you?"

The people would raise similar questions after the chase that began in the wake of 9/11. "Is it their sin that they were born in Bajaur or Bahawalpur? Is it their sin that they were born to poor parents? Is it their sin that when General Zia declared Jihad against the Soviets they were in a madrasas and not in a grammar or government schools? Is it their sin that they were motivated and trained for Jihad, and sent to Afghanistan?"

"They were not the sinners. We, who did not care for them, are the sinners. We, who send our children to Canada, Britain, France, the US, and Australia for education or job or green card, and send the children of the others to Afghanistan, Kashmir, and elsewhere to kill and be killed, are the sinners." These were the common answers to the saddening questions.

General Zia's Afghan Jihad could be a policy blunder; and liberal Benazir and General Babar's creation, the Taliban, could be the extension of the same blunder; and the resurgence of the Taliban in General Musharraf's period could be a matter of 'national interest'; but, what are thousands of madrasas and their over five million children all about?

We have devised a new caste system, which is worse than the one that our ancestors had lived by, two thousand years ago. Shame on us, we are the ugliest social architects around. What have we turned ourselves into; a nation at war with wisdom and peace; a nation at war also with itself.

All those generals, bureaucrats, politicians, businessmen and the managers (Maulanas) of the madrasas, who planned, funded and executed the religious extremism do not deserve benefit of doubt. They are the architects of Pakistan's social and political decline. All of them knew that they were doing a terrible wrong. They knew what was good and bad for children. They knowingly pushed the children of others into the Afghan and Kashmir furnace. That it would also affect them one day, to see that far was beyond their capacity.

We the common people of Pakistan have no hope that our ruling elites will ever behave. Neither will the present managers of the madrasas. The elite led by a corporate army thrive on chaos. So do the Maulanas of the madrasas. There is no conflict between them. Clash in Lal Masjid should be seen in the light of the behaviour of other maulanas. Before the operation none sided with the maulanas of the Lal Masjid. None tried for reconciliation. The most effective maulanas left for London to take part in an all time useless drama, the All Parties Conference (APC).  Why did the friendship between the generals and the Ghazi brothers break? The only possible reason is that the treason from within is not tolerated. Who betrayed whom and why are the questions, whose answers will not be known soon.

The army in its present shape will not change its perceptions and actions. It will continue to transgress. It cannot become an army as it used to be in the pre-partition days, which was committed to its sole purpose, to act as required by the state. The wise managers of the madrasa have become extinct. The madrasas with their present environment cannot become the centres of modern knowledge. If we want to stay normal, we will have to nationalise both army and the madrasas. This is the first step to end the new caste system. The remaining steps include free and fair elections, social and economic justice, the rule of law etc. etc.

issue
Not for sale
The Supreme Court decision on PSO sell-off has been welcomed because the public opinion is that the government must not privatise profit-making entities

By Shahzada Irfan Ahmed

The Supreme Court of Pakistan's decision to stay privatisation of Pakistan State Oil (PSO) has put brakes on government's ambitious rather hurried privatisation. The court decision given on July 12, 2007 stayed the sale of all but 3 per cent of the government's 54 per cent stake in PSO that was expected to fetch around $800 million to the government.

The three-member bench comprising Justice Javed Iqbal, Justice Abdul Hameed Dogar and Justice Falak Sher hearing the case observed that privatisation of PSO was a national issue and the court would decide whether it should be allowed or not. Though there were two petitions filed by MNA Pir Fazal Ali Shah Gillani and the Attock Group against the PSO privatisation, it is commonly believed that the objection raised by the former has more weight than the latter. The said MNA had raised the objection that it was not a sane decision on part of the government to put such a profit-making entity on sale. He had also termed the plan as, he said, it would deprive the state of a national oil marketing company catering local demand in peace and war times.

So far, PSO is the largest oil marketing company (OMC) in Pakistan and is engaged in the storage, distribution and marketing of petroleum products. It owns 3,800 filling stations across the country and a 78 per cent share in black and 57 per cent in white oil in the market. The last year profit of the company was to the tune of Rs 30 billion and its annual trade volume was $6 billion.

The defence ministry had similar observations against PSO privatisation plan for long. It was only in January 2007 that it had withdrawn its objections on the issue. It had cleared PSO for privatisation only after getting assurances that the petroleum needs of the armed forces would be fulfilled on priority in the PSO -- post privatisation period. Being a public sector entity, the company was the only reliable source for armed forces for supply of petroleum products in normal and emergency situation, the ministry had contended.

The Attock Group on the other had filed a petition in the Supreme Court after the Sindh High Court (SHC) had its plea to take part in the bidding. The group had been disqualified from bidding by the Privatisation Commission (PC) on grounds that it had failed to disclose the required information in its statement of qualifications (SOQ).

The Attock Group is backed by the Pharaon Group of Companies, whose sponsor is Saudi investor Dr. Ghaith R Pharaon. The group owns Pakistan Oilfields Ltd and several other energy firms.

Justice Mrs Qaiser Iqbal of the Sindh High Court had dismissed Attock Group application against its exclusion from the bidding process. The reason cited was that Dr Ghaith, who is the chairman of the Attock Group, has been proceeded against on several counts in Pakistan and the United States. Charges against Attock Group proved correct as it was established that it had not disclosed this information to the privatisation commission.

The allegations levelled by the privatisation commission against head of Attock Group were:

1. The US Federal Reserve Board assessed in 1997 a $37 million fine against Dr. Ghaith R Pharaon and permanently barred him from the US banking sector. An appeal against the fine was rejected by the US Supreme Court in 1998.

2. Dr. Ghaith R Pharaon is a fugitive and faces BCCI-related criminal charges under indictments in Washington, New York, Georgia and Florida. A US court issued warrants for his arrest in 1991. He is also wanted by the FBI.

3. A Cayman Islands court gave an award of $ 2.1 billion against Dr. Ghaith R Pharaon and in favour of the BCCI liquidators in 2001. A settlement for $175 million was, however, subsequently reached.

4. Six cases were instituted by the Pakistan Customs intelligence against Attock Petroleum Limited for fraudulent exports to Afghanistan. Another three cases were instituted in respect of the seizure of smuggled Iranian petroleum.

The track record of a bidder, Dr. Ghaith in this case, was considered on the same grounds on which the Supreme Court of Pakistan had acted before giving its historic decision in Pakistan Steel Mills case.

Another negative development regarding PSO sell-off is that British Petroleum (BP) has withdrawn itself from a consortium bidding for stake in PSO. This decision came the very day when the Supreme Court gave its stay order. However, the company (BP) has repeatedly said that its decision had got nothing to do with the court orders and taken in advance.

The Supreme Court decision on PSO sell-off has not come as a surprise for many. The proactive role it had played in declaring the privatisation of Pakistan Steel Mills void on valid grounds had invited praise from all and sundry.

Ahmed Nabeel, Chief Operating Officer (COO) of a Karachi-based brokerage house, says the Supreme Court decision has not hurt the market sentiment at all. "The current downward slide is only because of the recent spate of suicide attacks. It's wrong that the judicial crisis and the stay order have had any bad impact on the stock market," he says.

He says the public opinion is that the government must not privatise profit-making entities like PSO. Instead, it should privatise organisations that are suffering ever-increasing losses for years. He says hopefully that PSO will perform better in the market because there will be no ifs and buts regarding the sale of the company. The common sentiment is that the Supreme Court would finally rule against the privatisation of this profit-making entity, he adds.

In this context, the statement of Pakistan International Airlines (PIA) chairman that there are no immediate plans to privatise PIA seems strange. The national flag carrier suffered a loss to the tune of Rs 28 billion last year.

The officials of the privatisation commission are very careful in talking about privatisation of PSO. One of them, on conditions of not being named, tells TNS is that all that he can say is that any decision coming from the Supreme Court of Pakistan will be implemented in its true spirit.


Impacting development
According to lawyers and environmentalists PEPA is one of the best pieces of legislation in Pakistan. But government's planning and development departments think otherwise

By Aoun Sahi

Pakistan Environmental Protection Act, 1997 is the basic legislative tool in country to frame regulations for protection of the environment along with development. Under section 12(1), for new development projects which are likely to cause adverse environmental impacts, it is mandatory to file an Environmental Impact Assessment (EIA) for review and approval prior to project construction with the Pakistan Environment Protection Agency (PEPA). This is applicable equally to both public and private sector projects. The Federal Agency set up under the act has delegated its powers to the provincial Environmental Protection Agencies (EPAs) for its implementation.

According to lawyers and environmentalists it is one of the best pieces of legislation in Pakistan. However, ironically, among the main hurdles in its implementation are the government agencies. The general view held in government's planning and development departments about EIA is that it is anti-development. It inflates the project cost and makes it a hindrance in achieving the targets of economic growth set by the state.

Ahmed Rafay Alam, an environment lawyer, thinks that most government departments are not aware of the legal requirement. The result is that government departments, such as development authorities, support the projects without checking for compliance with the EIA regulations. "EIA's use is limited to obtaining a No Objection Certificate (NOC) and hence issues concerning conservation of resources and protection of environment are not addressed properly," he says.

Rafay tells TNS that EIA is, in fact, a system for identifying and introducing measures to prevent environmentally adverse impacts caused by development projects. "EIA is a policy and management tool for both planning and decision-making." He thinks that EIA identifies, predicts, and evaluates the foreseeable environmental consequences of proposed development projects, plans, and policies. "The outcome of an EIA study assists the decision maker and the general public to determine whether a project should be implemented and in what form. EIA can be an effective instrument to achieve sustainable development," says Rafay.

The concept of sustainable development was introduced at United Nations Conference on Environment and Development held in Rio de Janeiro, Brazil in 1992. Principle 4 of the Rio Declaration, stated 'In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.' Principle 17 stated that 'Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have significant adverse impacts on the environment and are subject to a decision of a competent national authority.'

In Pakistan's context, environmental concerns in planning of development projects remains largely unbeknown to both planners and constructors even after a decade of EIA's implementation in the country. Ronald deSouza ex-chairman Shehri, Karachi tells TNS that situation is almost the same in all the provinces and the government authorities are not ready to assess environmental impacts of certain projects. "They have not conducted EIA for mega-projects like the Lyari Expressway and Bandal island in Karachi," he says. He says according to WWF's Living Planet Report 2006 it is the Sheikhs of Dubai who damaged the environment most in the recent years, while Karachi has been handed over to them for 'development' by our government. "We are not against development. We just say that it should be according to rules and regulations formed by the government itself," says Ronald.

Mir Sajjad Hussain Talpur, deputy director EIA and Monitoring PEPA, admits while talking to TNS that private developers and even some officials of different environment departments are not fully aware of environment problems. This is the reason why some of them consider EIA anti-development.

"As the environment act was promulgated in provinces in 2000 so there is issue of capacity building in provincial EPAs," he says. Monitoring of projects, according to Sajjad, is also not up to mark so far but the PEPA is helping EPAs to manage their shortcomings. "We have given mobile monitoring vans to Punjab and Sindh EPAs to make them more vigilant," he says.

Environment experts believe that there are large implementation gaps in both public as well as private-sector projects. More often than not, the EIA is carried out merely as a formality and in order to obtain approval from the EPA. Hammad Naqi, Director Fresh Water and Toxic Programme WWF, says that in most of the cases private parties hire a consultant to prepares report and submit it to EPA. "The department in most of the cases approves it as they do not have sufficient expertise and workforce to review it according to rules and regulations," says Naqi.

Another major problem, according to Naqi, stems from the fact that monitoring and evaluation of the actual environmental impacts of projects is not carried out. "The absence of proper monitoring and evaluation mechanism is now a major handicap for effective environmental management, even in instances where a proper EIA has been carried out," he says. According to him, in many of the projects, like cement factories in Chakwal, are not fulfilling the requirements they submitted to EPA through EIA. But since there is no authority to hold them accountable, they go about business as usual.

He says being a government department EPA never raises any objection on public sector projects. "I think there should be an independent EIA commission to review both public and private sector projects. We have already invoked the court in the New Murree Project, and Canal Bank Widening Project and now we are planning with Shehri, an NGO of Karachi to appeal in court against some of projects in Karachi that having adverse effect on environment."

Public hearing is a very important part of EIA because it allows the inclusion of views of those who are likely be affected and those who are interested in the proposed developmental activity. "The key objectives of public involvement are to obtain local and traditional knowledge that may be useful for decision-making; facilitate consideration of alternatives, mitigation measures and tradeoffs; ensure that important impacts are not overlooked and benefits are maximised," says Naqi. According to him, in most of the cases public hearing is not carried out because authorities know that they have no answers of public queries.

Government officials admit that proper implementation and monitoring of all projects is not possible with the workforce and expertise they have so far. "Saving environment is relatively new thing both for private and public sector as before 2000 they have no problem to carry out some project the way they want," says Maj (R) Shah Nawaz Badar, Secretary Environment Protection Department Punjab. He says that it is a kind of propaganda that we do not care about EIA of public sector projects. "There are many public sector projects, including Canal Bank Road Widening project, for which we have not issued NOC so far on the basis of its impacts on environment," he says.

Home|Daily Jang|The News|Sales & Advt|Contact Us|

BACK ISSUES