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debate 2Centre
of controversy Decaying
heritage Fair
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and confidential business Millennium Development Goals
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grounding for reconciliation Pakistan’s instability is a cliché, almost a self-fulfilling prophecy. All the theoretical ingredients for stability are there: an elected government, a strengthened Parliament, working relationship between the government and the opposition and above all a free media and an independent judiciary. Despite such a promising milieu, there is chaos, misgovernance and instability all around. The paranoid conspiracy theorists would of course blame the enemies of Pakistan which range from India to Israel and from the United States to the Qadianis. Whilst the astrologers would say that Pakistan was created under a negative cosmic spell. However, the answer to the conundrum of Pakistan’s instability lies in the way its state was fashioned or rather sustained at 1947. Is there room for merit in the political process? By Dr Noman Ahmed Conscientious souls have observed the audacity with which our heads of state and government have aligned themselves with cheaters of sorts. The decision to get the fake degree holder re-elected from his constituency in Punjab, clearly elucidates the policy and preferences of the regime. It is now proved that loyalties to the person of power-wielder shall always be honoured, even at the cost of plain merit and dismay of other institutions of state and its citizens. And half facts are abounding that this is not an isolated case.
More questions than answers By Aasim Sajjad Akhtar It has been difficult not to feel despondent about Pakistan as the furore over the Facebook cartoon competition has unfolded. I am all for ordinary people coming out onto the streets to protest against injustice and suffering. Neither am I in the hyper-liberal camp and, therefore, immediately contemptuous of any public expression with even remotely religious overtones. I just find it amazing that this whole episode has triggered impassioned demands for websites of various kinds to be permanently banned. That such demands reflect the glaring contradictions between our rhetoric and our deeds is an understatement. Let’s be clear: a large and growing number of people
in this society, many of whom are at the forefront of the anti-Facebook
protests, use the internet, cell phones and a host of other personal
communication technology. I personally am suspicious of the new
information technologies because they give rise to atomization, and are
symbols of the overwhelming consumerism that is weaving a spell over all
of the world’s societies. But I would be a fool to suggest that these
technologies should be banned. Indeed, I am much better off using them to
express my dissent. Those who have been protesting over the past few days have not been demanding a drastic prohibition of the technologies themselves. But the fact of the matter is that those who instigated these protests, namely the religious parties, have predictably turned this latest cartoon incident into yet another epic civilisational conflict. And in suggesting that the ‘West’ and ‘Islam’ are simply incompatible, our ‘learned’ religious leaders conveniently ignore the real faultlines in today’s world because identifying these faultlines would completely de-legitimate the notion that the ‘West’ and ‘Islam’ are irreconcilable. To be sure, technologies such as the internet, and websites such as Facebook are not ‘Western’, or ‘Islamic’ for that matter. Yet the religious right incessantly projects a worldview in which everything and everyone has to be labelled either ‘Western’ or ‘Islamic’. We are now twenty years into the post-cold war era and have been fed all sorts of tales about civilisational conflicts (mostly by the right-wing both in this country and elsewhere). In the Western countries it is no longer possible to pretend that the economic and political structures of capitalism are not part of the problem, yet here our media and intelligentsia join the religious elite in depicting all of our problems in culturalist terms. The right has since the 1980s attempted to project itself in more populist terms and take up more issues that affect working people. But when the opportunity arises to make hay about ‘Western morality’, the right cannot help itself and everything else fades into oblivion. Take, for example, the issue of the Gojal villages that are one after the other being submerged under water. For the best part of five months, there has been a tragedy in the making in the newly-christened Gilgit-Baltistan. The media has only now started to direct meaningful attention to the alarming situation that is unfolding, whereas mainstream political parties have been almost completely silent on the matter. The religious parties, otherwise so insistent that they are the flag-bearers of a people’s politics, are just as culpable as the rest. As for all the ‘free speech’ polemic that is being circulated relating to whether or not the publishing of supposedly sacrilegious cartoons is an individual prerogative, the fact of the matter is that norms and principles in our increasingly small world are determined largely by the imperatives of global capital. Only a very small fraction of content circulated through the new information technologies can possibly be regulated. Just like obsolete binaries have no place in this capitalist cyber haven, ‘free speech’ is a by-product rather than hallowed principle. If the thekedaars of the faith argue that the world can be seen in black and white terms, the religion-allergic liberals’ insist that everything to do with Islam must necessarily be counter-posed to the inherently ‘democratic West’. Both of these positions are untenable, but the liberals should recognise that the religious right is able to whip the country into a frenzy at will whereas the ‘progressive’ camp is clutching at straws. If the liberals really believe that they offer a genuine alternative to the culturalist sloganeering of the right, then they should stop relying on slogans themselves and prove that they do have a programme to cope with the economic and political structures within which we are all ensconced. I think the current conjuncture should be seen as an opportunity to offer an alternative worldview to that of the right-wing. Over the past few days most social and political figures have been tripping over one another to prove their commitment to the ‘defence of Islam’. Progressives have been largely silent. I think that there is a need to move beyond the drawing-room conversations and fearlessly assert that the binary of ‘Islam’ and the ‘West’ is a false one, that the instrumentalisation of Islam in the public sphere needs to end, and that a genuine working-class politics can still be fashioned in the here and now. Meanwhile, young people who otherwise steer clear of politics and political ideologies should ask themselves why they only come out onto the streets when the ulema raise the roof over ‘Islamist’ causes. A fair number of young people that have been protesting the purportedly blasphemous cartoons looked to me to be anything but ‘conservative’. I doubt that any of them would be able to survive a day without their cellphones and email accounts, and many of them probably take in a Hollywood (or Bollywood) movie every few days. How do they reconcile their recent discovery that the ‘West’ is a monolith and an enemy of ‘Islam’ with their own lifestyles which make a mockery of this binary? So many questions and not so many answers. However, in a society in which too many people ask no questions at all and simply take at face value the answers that they are provided, I think questions are more important than answers.
VAT is only proving to be a source of serious rift
between the By Huzaima Bukhari and Dr. Ikramul Haq The impasse over levy of Value Added Tax (VAT) on
services (Centre versus Sindh) and open defiance of governments of Khyber
Pakhtunkhaw and Punjab for levy of this tax from July 1, 2010 has once
again highlighted the gravity of conflict between Islamabad and the
federating units over fiscal rights. Provinces have exclusive right under
the Constitution to levy VAT or any other indirect tax on services within
their respective physical boundaries, but Federal Board of Revenue (FBR)
is insisting for integrated VAT and collecting it on behalf of all the
four provinces. The IMF on May 14, 2010 completed the Fourth Review under Stand-By Arrangement (SBA) for Pakistan and approved $1.13 billion disbursement (received by State Bank on 18 May 2010). A Press release available at IMF website says: "Pakistani authorities reaffirmed their commitment to proceed with legal and administrative steps to ensure that VAT is introduced on July 1, as scheduled, providing the needed tax revenue for investments in human resources, infrastructure, and poverty reduction. It depends crucially on prompt passage of consistent VAT laws by parliament and provincial assemblies, harmonisation of other tax laws, and an effective refund system". One wonders why IMF is insisting for VAT, knowing that it will create more antagonism between the Centre and provinces. We already have VAT-mode tax in the form of sales tax that can be improved. The issue is that of its proper implementation after removing exemptions and anomalies rather than enacting a new code. Making a comparison between the existing General Sales Tax and proposed VAT, Mr. Muhammad Shahid Baig, a leading expert in this field, has observed, "In the last 10 years, none of the government could dare to increase the list of services for levying sales tax on services. How this U-turn will be taken, especially when the provincial governments are not convinced to charge… If, we look at the proposed law, the phenomenal changes include reduction of tax rate from 16 percent to 15 percent. Increase in threshold from Rs5 million to 7.5 million, omission of Third Schedule, inclusion of Federal List for levying the VAT on carriage of goods or passengers by railway, sea or air, omission of exemption, reduction in zero-rated items, enhancement of penalties, granting the power of exemption to Parliament, addition of services in the tax net, introduction of 26 new concepts, strengthening of recovery measures…. If this is the only object of the Government to bring all these changes then there was no harm to change and modify the existing law. Even the nomenclature of the law could have also been changed and it is also not essential to change the nomenclature. In Australia this tax is being collected successfully under the title of GST and not as VAT". The above comments expose the great hue and cry about VAT. It is only proving to be a source of serious rifts between the federation and federating units. IMF is well aware of the fact that Standing Committee on Finance of Sindh Assembly has already rejected the draft Provincial VAT Bill 2010, forwarded by FBR. The Sindh government in the wake of finalisation of the 7th NFC Award asked the Federal Government to handover the right of taxing all 100 services mentioned in the Federal Excise Act, 2005. Sindh is not against VAT but opposes its integration on goods and services. Sindh wants to impose and collect VAT on services itself but FBR wants it should have right to collect it. This is insulting and encroaching upon the Constitutional right of the people of a province. The Chairman FBR has reportedly told the Sindh Chief Minister, who is also the finance minister of the province, that "the commitment with IMF cannot be fulfilled unless all four provinces agree to implement VAT and give right of collection to the federal government". Dr. Kaisar Bangali, a member of Sindh National Finance Commission and adviser on Finance to Sindh Chief Minister, has reportedly accused Ministry of Finance and FBR "of dishonouring the commitments and creating an environment of mistrust among the provinces". Now, the governments of Punjab and Khyber Pakhtunkhaw have also shown resentment over highhandedness of the federal government for insisting on VAT. They are not in favour of VAT on services as strong resistance exists in their provinces against this tax from businessmen and public at large. In all major federations - US, Canada and India - the federating units have the exclusive right to levy indirect taxes on transactions of goods and services within their geographical boundaries. In Pakistan, the Constituent Assembly took away the right of levying sales tax on goods from the provinces in 1948 and none of the provinces ever raised a voice for its reversal. Lack of judicious distribution of taxes and perpetual abuse of constitutional provisions has created disharmony and animosity between the Centre and the provinces. On the one hand, provinces have been denied autonomy and on the other, money that rightfully belonged to them, collected as federal taxes, is awarded to them as an act of charity. This policy of control - having financial hegemony over federating units - may have disastrous results for the country. The provinces should have the exclusive right to levy VAT on goods and services generated within their boundaries. FBR has no business to levy or collect such a tax on behalf of the provinces. In the smokescreen of VAT, FBR wants to hide its own inefficiency and corruption. It has miserably failed to tap the real revenue potential, which is not less than Rs4 trillion. The failure of FBR on this account adversely and directly affects the provinces as they are wholly dependent on what the Centre collects and transfers to them from the divisible pool. On the one hand, Centre is not willing to give the provinces their legitimate taxation rights and on the other, its collects too little to meet overall financial needs of the people. The real issue is of generating sufficient resources for the less privileged. FBR only collected Rs1160 billion in 2008-2009 and target for current year is Rs1280 billion. In the forthcoming budget, the projected figure is Rs1710 billion only. The track record of FBR shows remote possibility of collecting Rs4 trillion in the next five years to give enough fiscal space both to the Centre and the provinces to come out of the present economic mess, thus providing some relief to the poor, trade, and industry. Under the given scenario, federation-provinces tax tangle will continue unabated. Pakistan will remain in debt enslavement, exactly what neo-colonial forces desire and more and more people will be pushed below the poverty line. If we want to come out of this crisis, there is an urgent need to reconsider the prevailing social contract between federation and the provinces. Provincial autonomy without taxation, rights, and equitable distribution of income and wealth is meaningless. We cannot come out of our perpetual economic and political crises unless the provinces are given true autonomy; ownership of all resources; generation of own revenues and the exclusive right to utilise them for the welfare of their inhabitants. The writers, tax lawyers, are visiting Professors at Lahore University of Management Sciences (LUMS). Decaying heritage Lack of historical consciousness is the prime reason behind the dereliction of cultural heritage By Rafi Ullah Many historical epochs of Asia would be considered as
incomplete without mentioning Swat. This is the case with the story of the
Aryan migrations towards India and is true in relation to Gandhara in the
Achaemenid Empire. Similarly, Swat makes an interesting chapter in the
Hellenistic history of ancient Pakistan as Sir Aurel Stein observes,
"It can be shown to have been the scene of important events in that
arduous campaign by which Alexander the Great prepared his way west of the
Indus for the triumphant invasion of the Punjab." In the same way, important developments in relation to Buddhism took place here, especially the likely origination of the Vajrayana/Tantric school. The history of Islam also gets importance in the valley due to the legends of Mehmud of Ghazni and Pir Khushal as Islam arrived here with their swords. The subsequent construction of a mosque, at the village of Udegram, is considered as the third known mosque after the mosques at Banbhore and Mansura in Pakistan. Interestingly, it is dated as the oldest mosque in north Pakistan. The Yusufzai occupation in the 16th century with special reference to the formation of a state (1915-1969) is also a hallmark development in the history of Swat. Rich in cultural and historical traditions, Swat has a special importance for people of every walk of life. Be it ordinary tourists or academics like historians, anthropologists, ethnographers or archaeologists, Swat attracts them simply due to its scenic beauty or its societal formation and cultural heritage. Following lines deal with the historical remains/cultural heritage of the historic Swat valley, its present sorrow condition, and its importance in the peace and development of the area. As the result of the phenomenal historical developments, Swat got an important position in the broader context of Gandhara Civilisation. It is one of the greatest centers of Gandhara as the ever-new literary sources and archaeological finds are a testimony to the matter. The cultural heritage of Swat ranges from the Stone Age to the Greek remains, the Buddhist, Hindu Shahi, and Ghaznavid sites, not to mention the important Islamic heritage represented by the wooden mosques of Upper Swat. The architecture of the state era has also a special historical importance but it is either ignored or mercilessly threatened by extinction. The present state of these historical and archaeological remains, notwithstanding the efforts made by the Department of Archaeology and Museums, Government of Pakistan, and other institutions, particularly the Italian Archaeological Mission, is worrisome due to mainly three reasons. First, lack of historical consciousness is the prime reason behind the dereliction of this cultural heritage. The latent disdain towards, especially, the pre-Islamic remains got active in Pakistan due to obsession with devising a new sacred identity for the people who must have to be heirs to their centuries-old achievements. As a result, all this go in disfavour to Pakistan and its people, especially as the world is getting more and more pluralistic in vision and tolerant of diversity. And it is here that lack of historical consciousness would cause stagnancy to Pakistani society if, sooner rather than later, a comprehensive awareness programme were not initiated. Second, lack of historical consciousness in Pakistani people is neither something natural nor has it happened all of a sudden. It has a context. Again, promoting new identity for Pakistan led to the negation of the pre-Islamic layers of identity of the Pakistani people. All such efforts were systematically channeled through the education system and curricula of the educational institutions. Thus, intolerance towards otherness was instilled in generations after 1947. Now, as the state and the people are no more in a position to bear such a nihilistic indoctrination, it is time to reconsider curricula in favour of adaptation, pluralism and religious tolerance. If the government falls behind the consequences would be horrible, especially vis-à-vis the cultural heritage of Pakistan. Thirdly, the illegal digging and treasure-hunting in Pakistan is rapidly rising. Everywhere in the country, the smugglers of our cultural heritage are in abundance. They make part of the wider network of a mafia spreading over the entire world. In some cases, responsible people might also be found as accomplices in this connection. In Swat, nearly every site, no matter if it is excavated or still awaits the spade of archaeologists, is seriously disturbed or threatened by illegal diggers. In my recent visits to a number of sites, I found a bulk of cultural heritage in a sorrow state of decline. Now the question why the people so callously deal with their cultural heritage is better understood in the light of the above-mentioned explanations. As it is disowned by the state; resultantly, the people are not conscious of its historical importance. If the state revises its policy in relation to its pre-Islamic heritage, an change in people’s attitude can be seen. As the current crisis in Swat has affected every aspect of life, the cultural heritage of the area has also borne damage. Now, as Swat is being reconstructed, it is necessary to take cognizance of the importance of the cultural and historical remains of the valley. It must be made a spirited part of the rebuilding of Swat. Let me assert again that the cultural heritage of Swat amasses a special importance in the reconstruction programme of the valley due to two reasons; that are economic and cultural development and the materialisation of peace in the once restive valley. There is a complex and reciprocal relationship between peace, culture, and development. It is in a peaceful society that cultural, and in turn, economic development takes place. In this context, the prerequisite for rebuilding Swat is peace. If peace prevails in the valley, its cultural heritage would definitely give boost to its prosperity and development through its tourist industry. Swat has a great potential of tourist economy as it has an interest for the people of diverse flavours. If its tourist spots like Malam Jabba, Kalam and Marghuzar are places of merrymaking, the cultural and historical remains in the valley like impressive Stupas and monasteries, rock carvings and inscriptions, and abundant archaeological sites are fascinating destinations for the academic, religious, and aesthetic interests of a variety of people. It is to be inferred that the cultural heritage of the valley can play a viable role in the development of the area but its precondition is its inclusion in the reconstruction scheme of Swat as it is in dire need of preservation, conservation, and protection. The writer is lecturer at the Taxila Institute of Asian Civilizations, Quaid-i-Azam University, Islamabad. Email: rafi_ula@yahoo.com
Pakistani students, among others, attend ISEF — an inspirational science fair in Silicon Valley By Shahzada Irfan Ahmed The Intel International Science and Engineering Fair (Intel ISEF), deemed to be the world’s largest international pre-college science competition was held in the second week of May in San Jose, California, US — the heart of Silicon Valley. The event saw influx of around 1600 students from 59 countries. Besides, there were students representing different US states, at the event. These students had been selected from a pool of millions of young scientists from all over the globe on the basis of the independent research they had been doing. It was an encouraging factor that five finalists from Pakistan were also there to share their knowledge and research with their peers, judges, general public and so on. ISEF is an annual feature and being held regularly in
different US cities for the last four decades. This year awards and
scholarships worth $4 million were on the offer and had to be distributed
among the winners in different categories and under the head of grand
prizes. To judge the projects, more than 1,000 science, engineering, and
industry professionals volunteered at the Intel ISEF. The finalists also had the opportunity to befriend like-minded peers from around the globe, interact with Nobel laureates and other distinguished professionals in their fields of study. Besides, they could participate in side events, including the annual ISEF pin exchange, a student mixer and city tours and a screening of the award-winning documentary Whiz Kids. An Intel representative from Pakistan tells TNS that finalists are selected annually from more than 550 affiliated fairs around the world. Each affiliated fair can send its top two individual projects and one team project to the competition. As there is only one affiliated fair in Pakistan, five students could qualify from here, she adds. The main categories under which around 1200 projects were showcased at San Jose included Animal Sciences, Behavioral & Social Sciences, Environmental Management, Physics Astronomy, Plant Sciences, Biochemistry, Earth Science, Energy Transportation, Engineering: Electrical & Mechanical, Cellular & Molecular Biology and so on. The projects displayed by the finalists tackle challenging scientific question that address some of today’s most pressing global issues. The Society for Science & the Public, a non-profit organisation dedicated to public engagement in scientific research and education, owns and has administered ISEF since its inception in 1950. Intel — the title sponsor of the event — "believes that young people are the key to solving global challenges, and a solid math and science foundation coupled with skills such as critical thinking, collaboration, and digital literacy are crucial for their success. That is why we get directly involved in education programmes, advocacy, and technology access to enable tomorrow’s innovators." Wendy Hawkins, Executive Director, Intel Corporation says initially they focused on educational projects in the US. But later the initiative was expanded to other parts of the world. She says so far more than 7 million teachers have been trained by Intel on the effective integration of technology into teaching and learning. Wendy says people are being enticed to enter the field of technology. She says it has been observed that teachers are not so confident when it comes to the use of technology in learning. The students take more interest in their studies when they have access to modern technology at school or home, she adds. Wendy says in this scenario the student feels himself to be in the driving seat. She adds Intel has taught 7 million teachers in the world on how to use computers for teaching. Zain Shami of Headstart School, Islamabad who showcased his project titled, ‘Preparation of Black Ink from Fruit Arils of Pomegranate’, tells TNS that the project was proposed by his father who is the head of Department of Education at the University of Sargodha. He says his father has a special interest in science education. Zain says there’s a lot of talent in Pakistan but the problem is that the government of Pakistan does not invest in scientific research. He says though it was hard to compete with the finalists coming from advanced European countries, their participation in the event and the exposure they got had boosted their morale. Sheeraz Munir Shami, a grade 9 student of Pak-Turk International School & Colleges, Khairpur, also has similar feelings towards the government. He tells his research on the use of ‘Lolium and Paspalum’ plant species in decreasing air pollution brought him to San Jose. He says he is fond of gardening — something that he has inherited from his grandfather. He tells TNS that the idea was purely his own and he did not get any assistance from any government body. He says these plants that can grow anywhere and flourish with minimal water can be planted along highways as they can absorb the lead content from the air. Amir Shahzad, Mohammad Sohail and Asjad Shaheen of DA Degree College who presented their project ‘Dyeing of Wool & Polyamide Substrates with Extracts of Natural Sources’ tell TNS that they have even applied for patents. The application is pending with PCSIR for approval, he adds. Another thing that was common in all these projects was that they were highly praised by the judges and visitors. It was great getting accolades once outside the country but the feeling of being acknowledged and honoured inside the country would be incomparable, the finalists think.
Data exclusivity restricts By Hussain H. Zaidi Pakistan is under pressure from developed countries and their multinational corporations (MNCs) to incorporate provisions relating to data exclusivity in its regime for registration and marketing of medicines and agro-chemicals. The Drugs Act 1976 is being amended to bring it in compliance with Article 39 of the TRIPs Agreement of the WTO, which relates to protection of undisclosed information. Specifically, Article 39 (3) makes it obligatory upon WTO members to ensure protection of clinical test data submitted by pharmaceutical companies to drug regulatory authorities or agencies (DRAs) against unfair commercial use. However, pushed by their multinational companies (MNCs), developed countries want the Drugs Act to be amended in such a way as to provide for not only data protection but also data exclusivity. What is data exclusivity? What are its costs and benefits? How does it differ from data protection? And what does the TRIPS Agreement say about the two? In order to get registered a new medicine it intends to supply in a country, a pharmaceutical company is required to provide clinical test and other relevant data to the DRA. The test data is necessary to demonstrate product safety, quality and efficacy. The purpose is to ensure that the product does not have any adverse effects on humans (in case of medicines) or the environment (in case of agro-chemicals). These tests entail a lot of investment, which may deter potential competitors from entering into the market. When manufacturers subsequently apply to register a generic version of an already registered medicine, they only have to demonstrate that their product is equivalent to the original one. To test safety and quality of that generic product, the DRA relies on the data submitted by the original manufacturer and the generic manufacturers are not required to submit their own data. This encourages the entry of other players in the market and thus promotes competition. By contrast, data exclusivity provides that for a fixed period the DRA cannot rely on the data provided by an original manufacturer in order to register a generic version of that medicine. This leaves potential competitors with two options: either to make a similar investment in clinical testing or stay out of the competition. Obviously, generic manufacturers are seldom in a position to make the required investment in clinical testing and thus opt to stay out of the market. The result is that during the period of data exclusivity, DRAs cannot register generic versions of a medicine unless that latter manufacturer carries out its own tests — which is seldom the case — demonstrating product safety, quality and efficacy. Data exclusivity is independent of patents and may create a monopoly for a fixed time even when the patent has expired or has not been granted. Even when a patent is available, data exclusivity may prevent the government from granting a compulsory licence in the interest of public health. Even if a compulsory licence is granted to a generic manufacturer, it will not be able to use that for a limited period. Therefore, data exclusivity runs contrary to the very reasons for compulsory licensing of patents for medicines. In contrast to a patent, data exclusivity does not require any inventive activity for it to be granted. All it requires is investment made in carrying out clinical teats to demonstrate product safety. This makes data exclusivity much stronger than patents. It is obvious that data exclusivity restricts competition and creates a monopoly for a fixed period. As a result, prices of medicines escalate raising healthcare costs. That is why MNCs try to prevail upon host governments to grant data exclusivity and thus to minimise competition. Data exclusivity is in vogue in many developed countries. In the US, data exclusivity is granted for five years, while in European Union countries, it is available for 10 years. Having discussed data exclusivity, let us see what the TRIPs Agreement says about it. Article 39 (3) of TRIPs Agreement states: "Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, members shall protect such data against disclosure, except where necessary to protect the public or unless steps are taken to ensure that the data are protected against unfair commercial use." The perusal of Article 39 (3) shows that it imposes two sets of obligations on WTO member governments. One, the DRAs shall protect data against unfair commercial use, for instance, against the use by the government itself. Two, the data shall not be disclosed to third parties unless it is necessary in public interest. In the event that the data are disclosed, the government has to ensure that steps are taken to prevent its unfair commercial use. Without getting into the controversy of what constitutes fair and what constitutes unfair commercial use, one can safely say that whatever obligation does the Article 39 (3), or for that matter the entire TRIPs Agreement, create is with regard to protection of data against unfair commercial use. Besides, the Article does not provide any time limit for data protection, which means that it has been left to the discretion of member countries to decide for themselves how long protection should be granted. The TRIPs Agreement does not create any obligations with regard to data exclusivity. Members may have data exclusivity provisions in their domestic IPR regimes, but then such provisions would be TRIPs plus and hence, beyond members’ obligations under the WTO. Data exclusivity regimes make sense in developed countries for two reasons. One, these countries have immense innovative capacity and pharmaceutical companies may come up with their own data. Two, rich developed countries are in a position to subsidise the purchase of otherwise expensive medicines to their citizens and thus shield them from having to pay higher prices. However, developing countries, like Pakistan, have neither the comparable innovative capacity that would allow their domestic pharmaceutical companies to come up with their own test data nor the means to subsidise the purchase of costly medicines. Coming back to Pakistan, in case the amended Drugs Act contains provisions regarding data exclusivity, the benefits will accrue to MNCs at the expense of the domestic industry and the people. Data exclusivity will force generic manufacturers to stay out of the competition and increase the share of the MNCs of the domestic market. This will confer monopoly rights on MNCs, resulting in escalation of prices of medicines and increase in healthcare cost. The ultimate losers will be the poor people, who already have limited access to cheap medicines. Already, MNCs are in a much stronger position than the local pharmaceutical companies. While the number of domestic pharmaceutical companies is 380, their share of the local market is 47 percent. On the other hand, while the number of MNCs is 28, their market share is 53 percent. The government should strongly resist the pressure of the MNCs and their parent governments to incorporate data exclusivity provisions in its Drugs Act. Being a member of WTO, Pakistan’s obligation is only to comply with TRIPs provisions when it comes to IPRs and not with any TRIPs plus provisions. This is especially important when it is a question of providing cheap medicines to the people — a question of life and death. E-mail:hussainhzaidi@gmail.com
The fine print The text of the joint declaration adopted at the peace initiative A landmark meeting of top Indian and Pakistani CEOs and entrepreneurs strongly endorsed the objectives of the Aman ki Asha initiative launched by The Times of India Group and The Jang Group. The largest and most high-powered meeting ever of the Indo-Pak business community resolved to take forward achievable objectives. Indian finance minister Pranab Mukherjee, in his inaugural address, also stressed the strong linkage and interdependence between peace and sustained economic growth and development of the two countries. The corporate leadership of both countries urged the governments to take all necessary steps to realise the tremendous potential of trade and commerce between the two countries. The meeting noted with concern that South Asia is the world’s least economically integrated region. After a robust and interactive two-day discussion, industry leaders of both countries agreed that economic cooperation is crucial to peace and progress in a region that has the highest concentration of people living below the poverty line. The business leaders resolved to aggressively pursue
the benefits of economic cooperation generally and in particular
recommended the following: Six sectors were identified as having the highest potential: 1.Textiles The largest employer in both countries — potential exists for the export of home textiles from Pakistan to India, while a huge market exists in Pakistan for India’s polyester textiles. Information Technology The fastest growing sector in both countries and the easiest area to cooperate, given its virtual nature. India can collaborate with Pakistan, which can provide skilled resources at competitive rates. Agriculture Considerable potential exists for trade through streamlining logistics and storage facilities. India and Pakistan can also collaborate on research for improved yields in, and greater export for, both countries. Healthcare Poor health infrastructure is a common problem. Opportunity for collaboration exists in research and combating the three major diseases in both countries — heart, diabetes and cancer. This also offers a great opportunity for people-to-people contact. Energy India and Pakistan have huge untapped reserves of energy. Collaboration can lend impetus to accelerated growth and development in both countries, which have a huge appetite for energy. Education Given the low average age in both countries (18.2 years in Pakistan and 22.5 years in India), education and skill development is an area of immediate concern and potential. Cooperation and sharing of strategies in education is the best investment that both countries can make. Student exchanges could also offer great opportunities for bridging the divide. 2.Committees comprising business leaders from both countries were established for the IT and textile sectors. Similar committees for other sectors are in the process of being set up. 3.In addition to the promotion of bilateral trade, the business meet proposed that specific steps be taken to change public perception and remove the existing mistrust. Removing the restrictions on uplinking from India to Pakistan and opening up news channels in both countries would be a positive first step. 4.Visa Easing Visa restrictions and simply letting people meet is the single greatest step the governments can take, that will have the greatest impact in all areas of concern. Business visas particularly need to be facilitated. 5.Telephone Connectivity India and Pakistan are probably the only two neighbouring countries in the world that disallow cell phone roaming facility. The business and media representatives resolved to lobby against this unnecessary and counterproductive restriction. The meeting agreed to set up a permanent secretariat to follow up all on these recommendations. It was unanimously agreed that the next economic conference would be held in Pakistan on a date of mutual convenience. Courtesy: Times of India
A tale of unmet promises The MDG review meeting in September must ensure civil society participation to assess progress By Irfan Mufti In the next few months people of the world, especially those 1.4 millions living in abject poverty will witness UN High level Plenary Meeting on Millennium Development Goals in September 2010. Recently, UN launched its report "Keeping the Promise" in preparation for the September meeting. The report, among several other measures, is suggesting MDGs Breakthrough Plan to set-up an emergency plan for achieving MDGs in remaining 5 years. The report is welcomed by several civil society groups all over the world especially those working in the under-developed world. These people's organisations, spanning all continents of the world and representing some of the poorest communities, several of them are actively engaged in the MDG process over the past ten years. In this way, people showed their commitment and resolve
to working with United Nations and their governments to ensure that the
September summit of UN members delivers clear and concrete results for
people, and in particular, measures to realise the human rights of the 1.4
billion who continue to live in abject poverty. The report says a majority of countries that signed Millennium document in year 2000 will miss out their development targets by a big margin. Ten years have passed and very few member countries have done anything substantive to address problems facing poor and deprived population - misplaced priorities of governments, lack of resolve from donor countries to increase development aid and failure of global leadership to prioritise development in their agenda. The challenge for the United Nations and all its member countries is to accelerate their efforts and attention towards achieving millennium development goals. The good progress of some countries, including Bolivia, Mozambique Bangladesh, sets good example for others to follow. The MDG review meeting in September must ensure civil society participation to assessing progress. All the stakeholders, including UN and governments must realise and ensure civil society involvement as a key success factor. In order to achieve this, space for civil society to operate securely within a democratic environment and a legislative framework that allows autonomy over management and resources, alongside the freedom to express opinions without fear of harassment is absolutely essential. There is also an urgent need to address inequality and social exclusion to accelerate MDG progress as well as the appalling lack of progress on gender equality. The governments must collaborate with CSOs to carry out an audit to measure to what extent achievements under the MDG process have reached marginalised and excluded communities. This audit must also include an analysis of the adverse effects of the global economic and financial crisis on marginalised groups, and in particular on peasantry, working class, women and migrant workers. Without recognition of their role as key elements of the cycle of poverty, the MDGs will never be achieved. The challenges to creating a viable mechanism - reconciling national and international monitoring and resolving differences in methods and terms within countries - are not insurmountable. Overcoming these challenges depends on a credible and inclusive monitoring and accountability framework at the global and national levels. Such a mechanism must form a key part of the MDG Breakthrough Plan. Most importantly, the framework must consolidate global commitments related to the MDGs, bind them to deadlines, and include monitoring and enforcing mechanisms. Governments must also ensure an increased role of existing national and international human rights accountability mechanisms, including by providing such institutions with legal authority to monitor and hear complaints on human rights, reporting on their MDG performance to such bodies and complying with their decisions. Issues of comprehensive governance and anti-corruption work must be also taken into account. Accountable and transparent relationships between leaders, parliamentarians, and civil society must be taken into account. It is also obvious that achievement of the MDGs by 2015 depends on international aid commitments being met, especially in times of financial and economic crisis facing poor countries. Ironically, the UN's recent report includes no reference to the 0.7 percent ODA/GNI committed by many OECD countries. Given that the OECD indicates many aid targets are not on track to be met, it is absolutely essential for the developed countries to fulfill their aid promises. Challenges of the inter-linked global crises require support for new forms of financing for development, most notably a Financial Transaction Tax. Such a tax would accelerate achievement of the MDGs in areas of full and productive employment, providing resources for social protection, essential services, and the financing needs of developing countries in climate mitigation and adaptation. This tax could also contribute to reforming the financial architecture by reducing speculation and excessive liquidity, thereby promoting greater equity and stability of the financial system. A number of MDG areas, such as nutrition, sanitation and maternal and child health, are particularly far-off track, while other cross-cutting issues such as gender equality, climate change, HIV/AIDS, disability and human rights are insufficiently integrated into MDG targets or interventions. The inevitable result of these weaknesses is reduced progress across all MDG targets - education goals cannot be met without action on nutrition; child health goals without action on sanitation; poverty eradication without gender equality. The Global MDG plan and any individual country commitments must give priority to both investing in the most off-track targets and promoting a more integrated approach across the MDGs. The UN meeting should also recognise the emergency situation of meeting commitments to MDG8 "more and quality aid from developed countries" and the response required goes beyond the "business as usual" approach. While referring to the Doha Rounds of multilateral trade negotiations, the report is silent about the negative impact of Free Trade Agreements on achieving the MDGs, specifically food security, employment, accessibility of health services and availability of generic drugs. Similarly, UN report does not mention the IMF's continued enforcement of conditionalities such as privatisation and trade liberalisation. Trade liberalisation and the imposition of related conditionalities which only benefit wealthier countries, multinationals and the elites of developing and developed countries, do not form the basis for an open, rule-based, non-discriminatory trading system. The need to ensure universal access to social services is particularly needed given that lack of access to quality public services, from safe water and sanitation to basic health services, continue to be the reality for over half the world's population. Access to public services has been exacerbated by the aforementioned trade agreements as well as by debt, the global economic and financial crisis as well as natural disasters and conflicts, the situation in Haiti being particularly relevant in this case. National plans to achieve universal access to health, education, water and sanitation should be a core part of the MDG Breakthrough Plan. The UN must also ensure that any funds for climate change mitigation and adaptation are not a diversion from but are additional to development funds. It is expected that UN meeting on MDGs review will learn from its past failures. A decade has already passed without any impressive progress and a majority of countries present nothing in UN meetings but more excuses and false promises of better progress in future. The fate of more than 1.4 billion poor of the world depends on the clear commitment and actions from all key stakeholders that should think beyond excuses. The writer is Deputy Chief of South Asia Partnership Pakistan and global campaignerirfanmufti@gmail.com
Emphasising the need to create more openness for commerce and trade between India and Pakistan, Sunil Munjal, chairman Hero Corporate Services, said that economic growth in the region cannot happen with mistrust between the two countries. As his father looked on, Munjal Jr said that over the
years several initiatives have been taken, be it the opening of the Wagah
border or the bus service between New Delhi and Lahore. "These made a
difference, but it is not enough," he said. Stating that every constituency, be it the government or the bureaucracy has its particular brief. Hence, the need of the hour is to build people-to-people and business-to-business contacts. "It has been proven in many countries that once trade opens, you build a vested interest for peace. Governments of both countries need to encourage business contacts," he said and added it isn’t the big companies but the small-and medium-sized businesses that need initiatives like Aman ki Asha to help them break trade barriers. Speaking of the waste closed borders lead to, he cited an example on how a business in Indian Punjab wanted cotton to be imported from Pakistan’s Punjab. Munjal said, "The cotton went from Pakistan’s Punjab to Karachi and was routed into Indian Punjab via Mumbai. By the time the consignment arrived here the cotton season was over. I can’t understand why it should take so much time when the travel time is only six hours between the two Punjabs." Stressing that confidence building and openness should be a continuous process, he said that business cannot be done in an atmosphere of inconsistency. "We need to look beyond our nose and look long term," he added. Rahul Kansal, chief marketing officer, The Times of India Group, said that petty bottlenecks were hampering trade between India and Pakistan. "We need to fix the immediate problem and take baby steps for tangible gains. There is a lot we can do with present rules and regulations rather than wait for political action of granting of most-favoured nation status. Trade can itself be a catalyst for change in the political climate," he said. Courtesy: Times of India
Dilip D’Souza and Beena Sarwar continue their email discussion, questioning state versions of history and politics May 20, 2010 Dear Beena, So here you go — on my wife’s birthday I am taking a couple of hours off to write this to you. Please send whatever brownie points I’m eligible for to various powers that be in our countries. Facetiousness aside, I’m once more in the hills as I write, this time in the south. Such a clean, quiet, beautiful spot. So peaceful, in fact, given our discussions for several weeks now, I cannot help wondering if such peace is the exception in our part of the world, rather than the rule; and if so, will that ever change? Is it meant only for an incredibly lucky few? Your ripostes about the three random impressions
startled me, and yet I suppose that’s the whole point. I have no answer
when you draw the comparison between Hafiz Saeed and Kasab’s two
co-accused; yes, what is the difference between your courts saying there’s
no evidence against Saeed and our’s saying there’s none against that
pair? I have grown up hearing that the unprovoked firing on our borders
always starts with Pakistan; clearly you have heard vice versa. And I had
no idea — though I should have guessed — that in Pakistan you think
the US is soft on India. What diametrically opposite perceptions we have of the same circumstances! But having begun with those three, would it be interesting to explore differing perceptions about other things? Tell me about these three, please. * We think of Jinnah as the architect of Partition and therefore the tortured relationship between our countries for 60 plus years now. How do you perceive him and whom do you hold responsible for Partition? * Do you even see Partition — and here I specifically refer to the move to divide the country, not the tragic massacres — as something to hold somebody responsible for? Or do you see it as something inevitable, the right thing to do at the time, and now irrevocable? * What we refer to as "Pakistan Occupied Kashmir" (POK) is, I know, what you call "Azad Kashmir". Yet as far as I know and have been taught, that is part of a state that acceded legitimately to India in 1947. In other words, Pakistan grabbed that stretch of Kashmir from us. How then do you justify calling it "Azad Kashmir" and not returning it to India? What I’m trying to do is put on Pakistani glasses to look at these events. Because my Indian glasses tell me that they are all, in a sense, Pakistan’s "fault" (or Jinnah’s). If I wear only the Indian ones, I imagine I will stew in the same resentment and hostility that’s characterised the last six decades, and probably for many more decades. Instead, is there a way to come to some shared understanding of events in our past? Especially for what happened so many years ago, can we look back dispassionately, acknowledge mistakes frankly, understand each others’ motives, and use that as a grounding for reconciliation? I’d like to use our last few exchanges to attempt some of this, before ending with a review of some of the takeaways (the joint memorial, etc). I hope that’s OK with you. And on that note, I shall remind you again of the brownie points and go sing happy birthday to my wife. always, dilip May 21, 2010 Dear Dilip, Happy belated birthday to Vibha... from Delhi. Yup, while you traipse in cool, peaceful surroundings, I along with millions stew in the sizzling heat of Delhi. I came here for an Aman ki Asha conference of some of Pakistan and India’s top CEOs and entrepreneurs. Several delegates from both sides confessed to initial low expectations that gave way to real optimism due to the encounters they had with colleagues across the border. I was tickled by your response to my last mail. Why were you so surprised? You must know that our countries have drummed their own doctored versions of history into generations of students, often teaching literally the opposite of what is taught across the border. We need to revise our textbooks to reflect the whole picture. I don’t see that happening in the near future but the discourse must continue. You picked three crucial points that further illustrate this disconnect. * Jinnah: in Pakistan we are taught that he fought for a ‘homeland for Indian Muslims’. This is not the whole truth. Those who delve deeper know, from scholars like Ayesha Jalal, that he proposed ‘weightage’ for Indian Muslims, that is, representation on the basis of their political significance rather than numbers (disproportionate 33 per cent representation for Muslims in states where they averaged 15 per cent of the population, and regular representation in states where they formed from over half up to two thirds of the population). The Nehru Report of 1928 rejected this proposal, advancing a new constitution for independent India that would reduce the Muslim majorities to minorities in provinces like Bengal and Punjab. Jinnah then turned to the idea of a separate state or states for Indian Muslims — within the Indian federation. Congress also rejected this proposal. * Partition: Perhaps it was inevitable, but there were people responsible — Nehru and the Congress, Jinnah, and most of all, the British for the arbitrary lines they drew on the map. Jinnah did not want a divided Punjab or Bengal but Nehru chose the divisions rather than allowing a weak centre. I don’t see any of that being undone — particularly since we have further consolidated our separate identities as Indians and Pakistanis during this time. That doesn’t mean we have to remain hostile. Look at the European Union. Why can’t we have a South Asian Union? * Kashmir: The first time I heard the term ‘POK’ was over 15 years ago, when an Indian journalist mentioned it over the telephone, explaining that it stood for "Pakistan Occupied Kashmir" when I asked her (I then mentioned ‘I.O.K.’ just to be cussed). By now, you must have guessed that what we are taught about Azad Jammu & Kashmir is that it joined Pakistan voluntarily. It is not for us to ‘return’ it to India. Still, AJK is a sensitive subject in Pakistan. The state suffers from a lack of resources and development and lacks the autonomy it was promised when it ceded to Pakistan. But it has never had a movement demanding to join India. Still, there have been some gains: the Srinagar-Muzaffarabad bus service, the involvement of Kashmiri leaders in talks between India and Pakistan on the issue, the tacit acknowledgement that Kashmir should not be treated as merely a territorial dispute between two countries but as a matter of the rights and aspirations of the Kashmiri people (positions articulated since 1995 by the Pakistan India People’s Forum for Peace and Democracy where we first met). How of us thought we would see even this in our lifetimes? We need to stay the course and keep pushing for peace. Best Beena
By Raza Rumi Pakistan’s instability is a cliché, almost a self-fulfilling prophecy. All the theoretical ingredients for stability are there: an elected government, a strengthened Parliament, working relationship between the government and the opposition and above all a free media and an independent judiciary. Despite such a promising milieu, there is chaos, misgovernance and instability all around. The paranoid conspiracy theorists would of course blame the enemies of Pakistan which range from India to Israel and from the United States to the Qadianis. Whilst the astrologers would say that Pakistan was created under a negative cosmic spell. However, the answer to the conundrum of Pakistan’s instability lies in the way its state was fashioned or rather sustained at 1947. True, the civil-military relationship has been a problem from the very start and using Islamism as a tool for the legitimisation of unaccountable governance. But the fundamental nature of institutions that have wielded and distributed power has remained unchanged for decades. It is only with the assertion of the judiciary and a relatively free media that Pakistan’s political culture is changing and it remains to be seen how long it would be before the ancien regime tries to regain its ascendancy. Essentially, public institutions can only be effective if they have evolved rules of the game that are fair and open. In our case, due to the distorted political development we have a political culture which is neither citizen-oriented nor based on even the fundamental notion of fair play. Hence the continuous inability of the ‘system’ — as a network and mediation by power wielders – to establish a framework that is workable and legitimate in the eyes of the public. Over time the colonial state had established a governance framework that was immune to local pressure and was not accountable to the natives. The Raj steel frame, therefore, remained free of the niceties such as citizen responsiveness. The mode was to establish a strong legal framework and then impose regulation over the society whether it was legitimate and sensitive to the citizens or not. This is why we have a governance culture that tolerates the assassination of prime ministers, judicial murders and most recently the brazen disregard of the state institutions with respect to the murder of Benazir Bhutto. Our state was quick to form brigades of jihadis without thinking how these men will be reintegrated into the society once the jihad was over. As we have seen jihad is not over yet despite our public statements contrary to this reality. Such exercise of power without accountability and responsibility is also a hallmark of civilian leaders. Bhutto’s turbulent rule through 1972-77 displayed similar characteristics when it came to roughing up the opponents and taking measures which would have a pernicious effect on our long term development. One such issue of declaring a sect as non-Muslims is still haunting us as the greatest blot on our national conscience. General Zia stretched this doctrine of state impunity to new heights and created a state that was to harm the society — perhaps forever. But the civilian governments of 1990s were not immune to it. For instance, the creation of Taliban under Benazir Bhutto’s second tenure and the alleged hijacking of Musharraf’s plane are pertinent points. If the institutions were working, both these prime ministers would have taken recourse to the electorate rather than obeying the flawed decisions of the security establishment. Today, the civilian government is once again embroiled in a similar situation. It has relinquished all policy initiatives to the security establishment and little area of autonomy is now under constant and rather intense vigilance of the Superior Courts. Thus the unelected institutions of the state are also working in a manner that is neither rule bound nor cognizant of the powers of the parliament. The President is a party head and refers to the sacrifices of the Pakistan People’s Party at the drop of a hat. True, accidents of history have landed him in the current job. There is no legal or Constitutional bar on his political activities. However, as a symbol of the federation he has to be more circumspect than perhaps he is. However, this does not imply that the witch hunt pleas in the High Courts should be applied. However, the political party that he heads has little say in correcting the course and holding his performance to account. In his case he has ‘inherited’ it and in the case of his opponents they have ‘acquired’ power. In a similar fashion, the army issued a public statement against the Kerry Lugar Bill last year which according to the rules was not permitted. In addition, the statements coming from the army leadership often border and sometimes overlap with the mandates of the civilian authority. There is of course a widespread perception even among the strongest of democrats that the army will have to rescue the situation when a constitutional and political deadlock occurs. If we were to turn to the judiciary then the situation gets even more confounding. Once cannot comment on the sub judice cases. However, the judgments that have been delivered so far are worrying. For example, asking a political government to write against its head who incidentally happens to enjoy constitutional and sovereign immunities, to a foreign court for prosecution is baffling, to say the least. Similarly, reviving a conviction awarded to a sitting minister while he was out of the country under a military rule has also been questioned. Leaving aside these politically contentious issues, the very fact that the courts tried to act as regulators of sugar and oil prices was also clearly out of line. In fact one respected judge of the Supreme Court admitted that such matters were outside the ‘jurisdiction’ of the courts but they had to meet people’s expectations. This leads us to the question: are the judges bound by the legal frameworks or populist demands? Even the overuse of Article 2-A inserted by a dictator these days is a pointer to the fact that the primacy of Islam in our polity is being wrongly interpreted by all and sundry including the gatekeepers of the Constitution. From Zardari’s disqualification to banning the internet social networking sites, this infamous article is getting a reputation as a free-for-all stick for the state to use. Of course, the political government is bearing the brunt of such developments but this only confirms that the rules of any game in Pakistan are neither clear not certain. In a culture where the elites which comprise and control the state are unaccountable, public resources become ‘privatized’ in a broader sense. The rich and the powerful do not pay taxes. Politicians with astounding levels of wealth pay negligent amounts of taxes; the big business evades taxes and the state machinery responsible to collect them becomes a party to the collective malfeasance and plunder. Once the defence expenditure and debt servicing requirements are fulfilled a puny amount is left with the government to undertake development and introduce public welfare schemes. The result is that Pakistan with a population of 180 million has less than 2 million taxpayers. The bulk of revenues are generated through anti-poor indirect taxes which keep the state machinery alive. The current plans to impose a value added tax are, therefore, meeting resistance and the provinces are showing little interest. The IMF programme requires the government to introduce VAT but it seems unlikely. Millions are spent on luxuries and perks for the senior civil and military officials and the elected representatives keep on increasing their stipends. The net result of this scenario is that essential providers of public services — the thana officials, revenue officials, teachers, doctors, paramedics get a pittance and are unable to meet the expectations of the citizens. The inability of Pakistan’s institutions to deliver these services has led to crisis of legitimacy and a complete lack of trust in the state’s ability to deliver the goods. The recent economic meltdown has aggravated things to such a level that the government does not have enough money to pay the independent power producers and the country has been plunged into darkness for 12-16 hours in recent months. Oddly enough, once again the civilian government wants to keep the ball rolling and is unable to undertake structural reforms due to the lack of a consensus in the country. National security remains paramount due to the Indian threat we are told and now the insurgencies in the northwest. When the government wants a hefty civilian aid package it is construed as a sell out by the media and the establishment. Our institutions therefore are used to keeping the status quo and appropriating public resources as it reinforces the existing patterns of power. Given the governance patterns delineated above, reform is a distant dream. All efforts to reform the civil service have been non-starters. Pay and Pension Commissions are formed and their recommendations are rarely taken into account. Ironically, the recent wave of ‘reform’ was introduced by a military regime during 1999-2002 but its mode and process was not owned by the representative political parties. Therefore, lack of accountability remains a hallmark. The Superior Courts’ judges are only accountable to their internal bodies, army has its own methods, bureaucracy rarely fires people and now a free media is only following the established norms. Its anchors predict the demise of individuals and governments with impunity and some even advise the jihadis as to how they should treat the infiltrators and enemy-agents. And, the media barons and journalist associations remain silent. In these circumstances, the sustainability of an electoral process and representative system remains the only way forward. But given the recent trends of limiting space for civilian government’s decision-making, control over economic, security and foreign policies and encroachment of authority by the unelected institutions it remains unclear if democracy has a bright future. If the current trends continue and the economy fails to recover, there is a strong chance that national security concerns and promotion of justice become the new alibi for an extra constitutional intervention. The danger is that such a development will undo a fragile state. Never has the state been so dependent on political stability; and never the same has been so elusive. Raza Rumi is a policy expert based in Lahore. He blogs at www.razarumi.com and manages an e-zine Pak Tea House.
Is there room for merit in the political process? By Dr Noman Ahmed Conscientious souls have observed the audacity with
which our heads of state and government have aligned themselves with
cheaters of sorts. The decision to get the fake degree holder re-elected
from his constituency in Punjab, clearly elucidates the policy and
preferences of the regime. It is now proved that loyalties to the person
of power-wielder shall always be honoured, even at the cost of plain merit
and dismay of other institutions of state and its citizens. And half facts
are abounding that this is not an isolated case. Many more cases of bogus qualifications can be unearthed if a cleansing exercise is undertaken. This also establishes the fact that the room for honesty to enter electoral politics is simply non-existing. No wonder, forth-right, honest, and qualified individuals have kept a safe distance from the corridors of power. Politics as a means of public service appears to be an obsolete paradigm. During yester years, the polity would consider politics as a noble pursuit without doubt. Intellectual contributions, including philosophical bearings, helped interpret political happenings in a forceful and continuous manner. Unlike the contempt with which politics and politicians are looked upon now, it constituted a noble activity worthy of emulation by hundreds of aspirants. In civilizations, politics was perceived as a pursuit for such souls who searched for a fulfilling career as a thinker, philosopher, or intellectual with a mindset for public service. Pakistani context is also illustrated by many examples of meritorious souls. Mir Ghaus Bakhsh Bizenjo, an ardent political worker and leader from Balochistan, practised and promoted politics for emancipation of shackled classes and deprived segments of the society. Veteran politician Dr. Mubashir Hasan is also from the same class. Politics was upheld as a pursuit of high calibre with recognition from the society. Most political thinkers, philosophers, working politicians, statesmen, workers and organisers zealously associated themselves with the domain of politics in a bid to transform the society with reference to their respective ideological applications. It is shameful to note that those merits have been replaced by blatant forgery, corruption and sycophancy. Capable folks find entry to political parties as an act infested with a dilemma. Political parties that harp democracy all the time are overtly undemocratic in reality. These outfits, with an extremely few exceptions, have been created around any entity but ideology. Outgrowths of ruling juntas, break away factions of older outfits, conglomerates of the alumni of religious seminaries, ethnic or regional under groups, personal fortune making masquerades and similar factors are raison ‘d’etre of the existing political parties. Internal governance of the parties represents the hold
of certain ‘clans’ instead of democratic practices. Funding comes from
such aspiring breed of investors who donate to parties in a bid to recover
greater returns. Thus, instead of the ideology controlling the conduct of
the party, it is the direct economic interest that governs the course of
action. No wonder, all forms of money, grey or black, find its way into
the high game from all sorts of semi-criminal record holders. Often
gangsters, drug dealers, peddlers, smugglers, bank defaulters act as the
clandestine string pullers of the political parties. Needless to say, this
whole web work of unscrupulous and lawless actors is sufficient to keep
the normal souls away from this otherwise vital pursuit. Politics cannot be lifted in its conduct without an honest cadre of people who practise it. Human resource development for every field in the contemporary social life demands corresponding capacity and qualification. Commerce, trade, business, industry, agriculture, education, healthcare, entertainment, media, sports, law and order, cuisine and cookery — all the fields of action in society are largely filled by manpower — educated or at least trained — to take up responsibilities that are demanding and challenging. It is most strange to find that the key area of decision-making that affects each and every aspect of national, provincial, or local life does not demand or care for any requisite background. It is a game in which any body is welcome with credentials that may not commensurate with the colossal demands and desires associated to this vital task. Imagine a commerce high school graduate aspiring to become a medical doctor; he would be simply denied entry or asked to complete years of background studies to become eligible to join the profession. Not so with politics. It is open for all — no matter even if one was a total illiterate to the core till a few months ago. One can become a minister directly without even having served as a councillor in a municipality! Human resource of a high calibre is an extremely extinct entity in politics. Best of youth picks professions such as engineering, medicine, accountancy, information technology, business administration, architecture, planning and several others. The next slab of young people ends up in civilian and military services. Remaining students end up in various semi-professional outlets of white and blue-collared origins. However, none gets any closer to pick up politics as a way of life. It is not considered as synonymous with a profession nor a desirable activity to be associated with. Welcoming and promoting cheaters and impersonators will only weaken the edifice of democracy and populist rule. There is nothing wrong with not possessing a degree. But it is criminal when one pronounces to possess it without actively having earned it through usual academic means. Parties will be far better served when they foster normal ways of human resource development. Common grounds that produce political workers, activists and managers need to be recognised and strengthened. Trade unions, local bodies, professional associations, and press have been the reservoirs of human resource fed to the political process. They must be consolidated in their respective activities with a particular focus on developing future workers and leaders. It must be remembered that the skills essential for doing politics such as oratory, dialogue, negotiations, social/mass mobilisation, and lobbying can be acquired in the framework of political parties only. For this purpose, the parties of this country will have to change their approach and performance. Internal democratisation of the parties is the first pre-requisite. They should hold public contacts through a targeted strategy by organising contact campaigns of the exclusive professional groups. From professional bodies to business fora, attempt must be made to introduce the manifestoes and party programmes to them in an appropriate manner. On the sidelines, an intellectual and academic activity must be pursued to transform the political charter of the parties themselves. Issues confronted by the nation and its constituent peoples must constitute the centre place of party manifestoes. Debate and discussion must be allowed to help develop political philosophies along side defendable arguments. Parties with wise men and of unblemished record will soon ascend to power. Collective wisdom of the people shall soon ensure that transition for the better shall eventually happen.
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