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analysis Newswatch firstperson FBR's
shenanigans realpolitik Time for
action? transparency A
real deadline On
a dangerous path
The lawyers' movement might not have the political power to challenge any government, but it holds the key to the persistence of the judicial crisis. The key is the withholding of legitimacy: the judicial crisis will persist unless the lawyers' movement confers legitimacy on any solution proposed by the PPP government By Faisal Siddiqi Is it time to write the
obituary of the lawyers' movement? Or will this movement never be defeated What has been the principled objective of the lawyers' movement? To restore, enhance and preserve the independence of the judiciary from both executive and legislative domination. The battleground for this objective has been the restoration, enhancement and preservation of independent judges. In striving for this principled objective, the lawyers' movement has also been the warrior brigade for the intrinsically linked objective of constitutional democracy in Pakistan. At the risk of sounding arrogant, may one add that it has been remarkably successful and there seems no rational reason for scepticism or for bouts of despair. What have been the principle achievements of the lawyers' movement in this struggle for an independent judiciary and the intrinsically linked struggle for constitutional democracy? In order to understand the specific goals, achievements and challenges of the lawyers' movement, it has to be analysed in the following five phases: First Phase -- March 9, 2007, to July 20, 2007 Before March 9, 2007, military rulers had removed three Chief Justices of Pakistan: Yaqub Ali (1977), Anwarul Haq (1981) and Saiduzzaman Siddiqui (2000). None of these chief justices were restored. For the first time in the judicial history of Pakistan, a chief justice removed by a pseudo-constitutional military dictator was restored on July 20, 2007. In the first phase, the lawyers' movement not only contributed to the restoration of Chief Justice Iftikhar Muhammad Chaudhry, but, more importantly, contributed to the restoration of the independence of the majority of the judges of the high courts. This was symbolised by these high court judges when they supported Justice Chaudhry by welcoming him at lawyers' functions even before he was restored. It equally contributed to the restoration of the independence of the Supreme Court, which was demonstrated by its judgment restoring Justice Chaudhry on July 20, 2007. In short, the lawyers' movement infected the majority of the superior judiciary with the disease of constitutional independence. There were two striking aspects of the lawyers' movement in this phase: first, the victory was complete, conclusive and beyond expectations; second, Justice Chaudhry was restored by a petition moved by the lawyers' movement on his behalf. In other words, the lawyers' movement was not dependent on the government for the restoration, because the actual logistics, method and mechanics of the restoration of Justice Chaudhry was in its hands in the form of a legal remedy before the SC. These two striking aspects, I will argue below, were missing in the later phases of the lawyers' movement. In the political sphere, the lawyers' movement became the vanguard for the struggle for constitutional democracy and, as a consequence, the catalyst for the weakening of military rule in Pakistan. While recognising the irreplaceable and critical role of political parties, it is undeniable that the democratic revolution of 2007 was started and energised by the lawyers' movement. Second Phase -- July 21, 2007, to Nov 2, 2007 After the restoration of Chief Justice Iftikhar Chaudhry, the primary objective of the lawyers' movement was to enhance and preserve the independence of the judiciary. It did so by keeping a vigilant watch on the performance of the superior judiciary, as well as by testing the limits of judicial independence through public interest litigation. As a result, the performance of the high courts and the SC in the second phase was exemplary. The critics subjected the second phase to two main criticisms. First, the critics from within the lawyers' movement argued that the superior courts gave a few illegal decisions or failed to fulfil certain constitutional obligations. The answer to this criticism is simple: the structures and culture of a dependent judiciary cannot be reversed in the space of a few months. It requires constant vigilance and struggle. Second, the critics blamed the lawyers' movement for creating a constitutional crisis by challenging General (R) Musharraf'S presidential election in the SC. The problem with this argument is that it seems to be based on the premise that the apex court should only selectively fulfill its constitutional obligations -- take no action against generals, but only against civilians. More importantly, failure in fulfilling its constitutional obligation in disqualifying a sitting general from contesting the presidential election would have irreparably eroded the public confidence in the superior judiciary and eroded the gains of the struggle since March 9, 2007. In the political sphere, the lawyers' movement continued its vanguard role for the struggle for constitutional democracy by being the main protagonist for the removal of the military uniform of General Musharraf. Again, without taking anything away from the political parties, it is undeniable that the democratic battle for civilian and constitutional supremacy was fought by the lawyers' movement in the SC through Musharraf's election case. Third Phase -- Nov 3, 2007, to Feb 17, 2008 After the imposition of martial law on Nov 3, 2007, the primary objective of the lawyers' movement was to restore the deposed judges and to reverse the unconstitutional actions of Nov 3, 2007. In furtherance of these objectives, the contribution of the lawyers' movement in the third phase was the enhancement and preservation of judicial independence through the enlargement of judicial dissent. Two historical events took place in the third phase: first, for the first time in the judicial history of Pakistan, an extra-constitutional military takeover was suspended by a seven member bench of the SC; secondly, in comparison with 1977 (when one judge was removed), 1981 (when 16 judges were removed) and 2000 (when 13 judges were removed), there was a dramatic increase in judicial dissent after the PCO 2007, because 43 judges of the high courts and SC refused the oath under it. In the political sphere, unlike 1958, 1969, 1977 and 1999, for the first time in our political history, this imposition of martial law was actually resisted by the people through public mobilisation. The lawyers' movement was at the forefront of the resistance against the martial law and for the furtherance of the democratic revolution of 2007-2008. The political consequences of this public resistance were obvious. Firstly, this was the shortest martial law in the history of Pakistan (it lasted for only 43 days). Secondly, General (r) Musharraf ended direct military rule by taking off his uniform and the democratic revolution entered a critical stage. But the critics argue that the lawyers' movement failed because the deposed judges were not restored and all the unconstitutional actions of Nov 3, 2007, were not reversed. What they fail to recognise is that unlike the first phase, the critical difference was that the actual logistics, method and mechanics of the restoration of the deposed judges was not in the hands of the lawyers' movement, because the SC had been virtually disbanded and only the government in power could restore the deposed judges. In other words, only a de-jure transfer of power through elections to a democratic government could have resulted in the restoration of the deposed judges. This is precisely why the lawyers' movement was wrong in arguing for a boycott of the Feb 18 elections, which sadly resulted in the breakdown of the relationship between the lawyers' movement and the PPP and the ANP. But the greatest political achievement of the lawyers' movement and the deposed judges was to put the issue of the restoration of the deposed judges and the reversal of the unconstitutional actions of the Nov 3, 2007, at the centre stage of the political map of Pakistan. In other words, the lawyers' movement and the deposed judges became the moral conscience of the nation. Fourth Phase -- Feb 18, 2008, to Aug 27, 2008 After the dawn of the democratic era on Feb 18, 2008, the lawyers' movement and struggle of the deposed judges entered a critical phase. On the judicial front, the lawyers' movement and the deposed judges contributed to the following remarkable and historic achievements. Firstly, in view of the Murree-Bhurban declaration and the Islamabad declaration, the major political parties made a public commitment that all the deposed judges would be restored to the Nov 2, 2007, position through a simple parliamentary resolution followed by an executive order. In short, the restoration of the deposed judges and the reversal of the unconstitutional actions of Nov 3, 2007, became the central political project of the PPP-PML(N) coalition government. Secondly, the detained deposed judges and lawyers were released. Thirdly, there was a political consensus that the Nov 3, 2007, actions were unconstitutional and, for the first time in the history of Pakistan, the major political parties refused to recognise the constitutional amendments made by a military dictator. Fourthly, regardless of the complications caused by the recent re-appointment of 18 deposed judges, it is important to recognise that this is the first time in the judicial history of Pakistan that judges removed by a military dictator have returned to their original judicial position. This is truly historic. In the political sphere, the last vestiges of dictatorial rule was surviving in the form of the wounded but politically alive Pervez Musharraf. The completion of the democratic revolution required his removal. What people seem to forget is that after Feb 18, 2008, the only countrywide demonstration held in Pakistan calling for Musharraf's removal was the 'Long March' of the lawyers. When history will be written, the 'Long March' will be considered as the last nail in the political coffin of Musharraf. By threatening to initiate the process of impeachment, the political parties only presided over his funeral proceedings. But the critics again argued that the lawyers' movement failed because all the deposed judges were not restored and all the unconstitutional actions of Nov 3, 2007, were not reversed. What they again fail to recognise is that unlike the first phase, the critical difference was that the actual logistics, method and mechanics of the restoration of the deposed judges was not in the hands of the lawyers' movement and only the government in power could have restored the deposed judges.. Fifth Phase -- Aug 28, 2007, to date Though there is no reason for despair, it is important to recognise that the political project of the restoration of all the deposed judges through reversal of the unconstitutional actions of Nov 3, 2007, has suffered a major blow. This was a project of the PPP-PML(N) coalition government, which has now collapsed. Therefore, unlike the first phase, the central problem with the lawyers' movement still remains that the actual logistics, method and mechanics of the restoration of the deposed judges is not in its hands and only the government in power can restore these deposed judges. Importantly, the nature of the obstacle in the way of the restoration has changed. What is the fundamental obstacle? It is political insecurities of a political government. The PPP as a ruling political party recognises the potential constitutional structural conflict between a consolidating executive and legislature, and an emerging independent judiciary. The political strategy of the PPP government to preserve a dependent judiciary seems to be three-pronged. Firstly, by having a PCO chief justice, the threat from the superior judiciary has been neutralised. Secondly, by increasing the number of judges of the SC and all the high courts, it will pack the courts with jiyalas. Thirdly, by making amendments to the constitutional package, it will amputate the judiciary by concentrating power in the hands of the executive. It is precisely for these reasons that the lawyers' movement has to rethink and re-invent itself. It is neither a militant nor a revolutionary group that can itself restore the deposed judges by reversing the unconstitutional acts of Nov 3, 2007. Nor does the lawyers' movement's commitment to constitutional democracy allow it to seek the help of undemocratic forces to solve these problems. For the lawyers' movement, its dispute with the PPP government is of a fundamental nature, but it is a dispute among family members of a democratic family, which has to be resolved peacefully. One of the main strategies of lawyers should be to persuade the PPP government to do the right thing by restoring the deposed judges or to suffer constant moral shamming by lawyers, political parties, civil society, the media and the public at large. But the lawyers' movement should also negotiate with the PPP government for the acceptance of its demands. In the end, let us not forget that the lawyers' movement might not have the political power to challenge any government, but it holds the key to the persistence of the judicial crisis. The key is the withholding of legitimacy on the part of the lawyers' movement. The judicial crisis will persist until the lawyers' movement confers legitimacy on any solution proposed by the PPP government. Therefore, following the example of Justice Chaudhry, lawyers' ability, courage and persistence to say 'no' to any unconstitutional resolution of the judicial crisis will determine the future of an independent judiciary and the development of constitutional democracy in Pakistan. (The
writer is a senior Karachi-based advocate. Email:
siddiqilaw@yahoo.com)
Newswatch Does the government have a plan for anything? By Kaleem Omar Does the government have a plan to help people cope with the ever-rising cost of electricity? No, it doesn't. On the contrary, the government on Tuesday, September 9 (which, coincidentally, also happened to be the day on which Asif Ali Zardari took oath of office as president), increased the electricity tariff by up to an unprecedented 40 percent for all categories, of consumers with immediate effect. Pakistan's electricity tariff is already the highest in the world, fuelling inflation, raising manufacturing and farming costs across the board, and making our exportable goods less competitive in foreign markets. To make matters worse, in the federal budget for fiscal 2008-09, the new government has increased the sales tax on electricity (along with the sales tax on all other taxable items) from 15 percent to 16 percent, thus further increasing electricity consumers' bills. Tuesday's increase in the electricity tariff will further increase the cost of living, further fuel inflation, further increase manufacturing costs and further reduce the competitiveness of our exportable products. Lower exports will further widen the trade gap, which, in August, rose to $1.87 billion, equivalent on an annualised basis to $22.44 billion, putting further pressure on the country's balance of payments and further accelerating the erosion of our foreign exchange reserves -- which have plummeted by more than $7 billion since September last year and currently stand at $9.1 billion. Does the government have a plan to cut the soaring inflation rate, which, in June this year, rose to an unprecedented 27 percent? No, it doesn't. On the contrary, the government is now coming under increasing pressure from the International Monetary Fund to do away with all subsidies, including those on petroleum products. The IMF has made it clear to the government that if Islamabad wants assistance from the IMF for immediate budgetary support, it will have to comply with a whole bunch of stringent conditions, similar to those imposed by the IMF in the 1990s that led to a sharp fall in Pakistan's GDP growth during that decade. Pakistan didn't help its case for any World Bank and IMF assistance during a visit to Washington earlier this year by then-Finance Minister Ishaq Dar, a PML-N cabinet member of the new PPP-led coalition government, when he told World Bank officials that the previous government had "fudged" the figures relating to the country's macroeconomic indicators and that the economy had actually performed much worse than had been made out by the previous government. Even if the figures had been "fudged", telling this to the World Bank officials in Washington -- and later that same day to IMF officials -- was hardly the best way to go about inspiring confidence among those multilateral donor agencies about the sate of Pakistan's economy and the country's ability to repay the fresh loans (both for budgetary support and project assistance) it was now seeking from those agencies. Has the government a plan for improving Pakistan's position in the World Bank's annual ranking of "ease of doing business", which is a key factor in attracting foreign direct investment to the country? No, it doesn't. On the contrary, the latest World Bank survey, which evaluated 181 economies, shows that Pakistan has slipped from 74th to 77th in the "ease of doing business" ranking. The survey, which the World Bank has conducted on the basis of official procedures and data gathered from member countries, says that in order to improve its ranking, Pakistan needs to introduce wide-ranging reforms in the enforcement of international contracts, employment of workers and payment of taxes. Has the government announced any plans for such reforms? No, it hasn't. The World Bank report highlights the cases of countries where regulation is particularly burdensome and levels of informality are higher. Informality, the report points out, comes at a cost -- firms in the informal sector typically grow more slowly, have poorer access to credit, employ fewer workers and their workers remain outside the protection of labour laws. The report adds that countries with burdensome regulations have large informal sectors, higher unemployment rates and slower economic growth. Does the government have any plan to address these issues? No, it doesn't. True, it's early days yet. Even so, the new government has now been in office for more than six months, which, surely, is more than enough time for it to have at least formulated plans for reforms. Or are we to take it that the government is spending so much time in political wheeling and dealing that it has no time for anything else? Be that as it may, one thing's for sure: press conferences and vague declarations of pious intent will not do the trick. What we need is not more press conferences, but more action. Does the government have a plan to reduce government domestic borrowing? No, it doesn't. On the contrary, figures released by the State Bank of Pakistan last week show that government borrowing for budgetary support rose by a whopping 40.95 percent during the first month of fiscal 2008-09 to Rs58.2 billion, as against Rs 41.32 billion during the corresponding month in the previous fiscal year. According to the State Bank, from July 1 to July 26, 2008, government borrowing from the central bank stood at Rs30.07 billion and from scheduled banks at Rs28.17 billion. On an annualised basis, Rs58.2 worth of government borrowing in the month of July alone works out to a theoretical Rs698.4 billion worth of government borrowing during fiscal 2008-09. That's nearly Rs700 billion, or $9.14 billion at the current (Thursday's) exchange rate of 76.4 rupees to the dollar. Is Islamabad doing anything to curtail this staggeringly high level of federal government borrowing? No, it is not -- other than making some token gestures to reduce the amount of petrol that government officials can use in their official cars. Such gestures, however, are neither here nor there, and represent only a few drops in what is an ocean of red ink. Government borrowing on this gargantuan scale will inevitably have the effect of reducing the amount of credit available in the banking system for the private sector, in industry, agriculture and the services sector. And since it is these sectors that are the main engine of economic growth, any slowdown in the growth of these sectors due to a shortage of credit will necessarily result in a slowdown of overall GDP growth. Does the government have a plan to tackle this problem? No, it doesn't. As an Islamabad-datelined story in Thursday's issue of The News noted, "Economists believe that an expansionary government fiscal policy is also considered as a source of diluting the effects of the State Bank's tight monetary policy, which was formulated for capping high inflation. Analysts fear that running a loose fiscal policy may crowd out private investment in the country."
A spiritual democrat Conversion to Christianity, Islam or Buddhism is a must for India's Dalit-Bahujans By Yoginder Sikand Kancha Ilaiah, professor
of Political Science at Osmania University, Hyderabad, is a leading
ideologue The News on Sunday: All of your major works deal with the Dalit-Bahujans, but they are in English, a language that few Dalit-Bahujans can read. So, then, whom do you write for? Kancha Ilaiah: My English works, of course, are addressed primarily to a middle-class readership, but I also write for several Telugu papers. My works have also been translated into several Indian languages. Why I am Not a Hindu, for instance, has come out in Hindi, Telugu, Malayalam, Tamil, Kannada and Marathi. TNS: What about Urdu? Do Muslim papers also publish you? After all, most Indian Muslims are descendants of oppressed caste converts and count among the Dalit-Bahujans. KI: Some of my articles
have been published in Urdu newspapers, but no one has yet taken any
initiative to translate my books into Urdu. Perhaps that is because of
some sort of resistance that I perceive among many Muslims to certain
critical ideas and social issues. That, in turn, has probably to do with
the fact that while Muslims were once carriers of an evangelical ideology,
today that evangelical spirit -- of seeking to reach out to oppressed
communities, to the oppressed castes -- is almost lost. We in the Dalit-Bahujan movement have been shouting hoarse for Muslim-Dalit-Bahujan unity for the last three to four decades, but the elite Muslim leadership does not take this seriously. Instead of joining hands with us, they want to dialogue with 'upper' caste Hindu-led parties -- the Congress and the Left -- and even with various Shankaracharyas! They aren't even concerned about their own fellow Muslims who live in the ghettos and slums, and mostly are descendants of Dalit-Bahujan converts. I, for one, am all for Muslims to take to missionary work among the Dalit-Bahujans. That way, they would revive the tradition of the Sufis who reached out to the oppressed caste victims of Hinduism, and won their hearts and allegiance with their love and message of equality. Islam became attractive to the labouring castes of India when the Sufis went and lived among them, ate with them and spoke their languages. They invited them inside their mosques and Sufi hospices, and allowed them to touch the Holy Quran. Imagine what a revolution this was for the oppressed castes who were forbidden by the Brahmins, on pain of death, from entering temples and even from so much as listening to, leave alone touching, the Vedas! Only when that evangelical spirit of the past is revived can the critical ideas of the sort that I am seeking to advance on issues related to caste and Brahminism win serious attention among Muslim circles. Moreover, interacting
with and living with the Dalit-Bahujans in this manner can help bring
Muslims out of the ghettoes into which they have been forced. They would
solidify fraternal bonds with the Dalit-Bahujans and this can go a long
way in curbing anti-Muslim violence, because, routinely, Dalit-Bahujans
are instigated by the oppressor castes into attacking hapless Muslims. Let me elaborate on this. I am not a Muslim, but I have read about Islam. The Holy Quran exhorts Muslims to tell others about their socially liberating faith and also to practically exert themselves in seeking liberation from oppression. In the Indian context, this means that Muslims must take this task earnestly in reaching out to the oppressed castes, the Dalit-Bahujans, who are victims of Hinduism, which is another name for Brahminism or what I call spiritual fascism. They must present before them genuine Islamic spiritual democracy as an alternative, as a source of liberation. TNS: Isn't that what Babasaheb Ambedkar also said, about how every socio-political revolution of the oppressed castes in India was preceded by a spiritual revolution? KI: Exactly. And this has been the case not just in India. The black struggle for liberation in America started in the black churches and in the mosques. There are four major spiritual cultures in the world today: Christianity, Islam, Buddhism and Hinduism. The first three are what I call democratic spiritual cultures, because they preach the fundamental equality of all believers. Hinduism is what I call spiritual fascism, because caste, caste oppression and caste-based inequality are ingrained in it. All the Brahminical Hindu scriptures champion caste. And Hindu spiritual fascism leads to political fascism as well. So, obviously, the complete liberation for the Dalit-Bahujans must start with renunciation of Hinduism that has kept them as slaves for centuries and accepting one of the three democratic spiritual cultures: Christianity, Islam or Buddhism. And this is precisely what is happening in India today. I regard this as a very welcome development, which needs to be speeded up. I personally don't describe myself as a secularist. I am a spiritual democrat and I realise that my people, the Dalit-Bahujans of this country, are also desperately in search of spiritual democracy, which cannot be found in Hinduism. Therefore, conversion to Christianity, Islam or Buddhism is a must for our people. Let these three religions and their followers work among our people in a democratic manner. There are some possibilities of resuscitating egalitarian trends in Dalit-Bahujan religious traditions, but this project has its limits. In today's globalised world, why should our people stop at our local Pocchamma or Elamma or other such village goddesses? In their search for empowerment and liberation, they must join one of the three global spiritual cultures. The Dalit-Bahujans are ready to hear the word of God as the democratic spiritual traditions understand it; they have been kept ignorant of spiritual democracy for more than three thousand years. TNS: But what about Hindu missionary work? Isn't it true that vast number of Dalits and Adivasis are rapidly being Hinduised? KI: Let our people choose whichever religion they want! Let the Hindus also engage in missionary work! But, increasingly, the Dalit-Bahujans will realise the truth that all the major Brahminical Hindu scriptures are predicated on caste and sanctify caste-based oppression. The Rig Veda says Brahmins were created from Manu's mouth and the Shudras from his feet. Thankfully and luckily, the Dalits were not created from this Manu at all! The Gita also champions caste. The Ramayana says Ram killed the Shudra Shambhukh. The same is true for the other Brahminical scriptures. There is simply no way to reform Hinduism to remove caste. I am sure as awareness of this spreads among our people, they will begin to reflect and will protest. That is already happening today, though the media prefers to remain silent on it. Conscious Dalits, who follow the Navayana Ambedkarite Buddhism, are fighting Hindu spiritual fascism in an open ideological battle. TNS: But is mere conversion enough? KI: It depends on what we mean by conversion. Conversion of self-identities and cultures through religious conversion is a major step, but this is must be accompanied by conversion of oppressive social structures through peoples' struggles. Preaching is just part of the process; it also involves living, empathising and struggling along with the Dalit-Bahujans for their liberation and emancipation from Brahminism.
The problems of taxpayers have actually increased with the introduction of e-filing and e-returns By Huzaima Bukhari and Dr Ikramul Haq After complete failure
to get e-returns of more than 90,000 registered taxpayers of sales tax and According to a press release issued on September 6, 2008, the FBR further extended the date for online submission of sales tax and federal excise returns for the tax period July 1, 2008, to September 10, 2008, by issuing Sales Tax Circular No 08/2008 dated September 5, 2008. However, the last date for payment of due taxes -- August 20, 2008 -- remained unchanged, as extended vide Sales Tax Circular No 05/2008 dated August 16, 2008. The FBR made it clear that no further extension would be allowed and the taxpayers should avail this opportunity. According to FBR's own admission, it managed to get only 56,000 e-enrolments until September 6, 2008, of which 52,000 were sales tax and federal excise duty returns. "The response of the business community to FBR's landmark decision of mandatory electronic filing of sales tax returns has been excellent. The measure aims at requiring the registered people to file their declarations electronically at FBR's website, without going through the hassle of making long queues in front of banks for paying sales tax and submitting the returns. For creating awareness about the smooth implementation of the e-filing, the FBR conducted seminars in all the major cities, in coordination with representative trade bodies," the board claims at its website. The FBR further said it
was alive to the fact that the initial phase of such a
"remarkable" step According to the FBR, "the taxpayers are also provided assistance through emails received at eSupport@pral.com.pk. For those taxpayers who have difficulty in working on the e-FBR Portal due to Internet connectivity or power problem, the FBR has established self service kiosks and operator-assisted help desks in regional tax offices. In addition to these arrangements, a data centre with high speed bandwidth of Internet has been established with an adequate setup of computer equipment to handle the e-filing. The high speed band width arranged by the FBR is expanded automatically on need basis; the maximum bandwidth used by the taxpayers during this month is 40 megabits per second." Contrary to the FBR's tall claims, however, the taxpayers are facing all kinds of problems in e-filing. An angry filer summarised his horrific experience in the following words: "We got ourselves enrolled on August 12, 2008, with the FBR's website for filing our tax return electronically from our office computer. However, we soon ran into trouble. While filing the sales tax return, we started receiving repeated messages saying: 'STRN is either not associated with your NTN or invalid'. Since then, we have been going from pillar to post. In the process, we visited first the Income Tax office that had issued the NTN, then the Sales Tax office to incorporate the change of NTN, and finally joint director FBR with a heap of applications and sales tax forms. All this has been to no avail, though. All these offices are overflowing with visiting complainants to the extent that now their staff even does not attend their phones." This shows how incompetently and callously the FBR has been handling e-filing affairs. When companies based in Karachi and Lahore could not get their NTN corrected, what would have been the plight of someone with similar problem working in Lala Musa, Karak, Pattoki or Dherki? The FBR wants on-line filing of a return / statement, knowing fully well it is not possible for want of trained staff, regular supply of electricity, slow speed of Internet and poor e-portal. This issue can be solved easily by allowing every taxpayer facility of creating his/her own username and password at FBR's e-portal, and uploading any return or statement after preparing the same off-line in xlm format. The following steps should be provided by FBR at its e-portal: 1. Completely prepare your return / statement and generate xml and keep ready. 2. Login only when you are ready to upload your return / statement. 3. At the time of login, do not repeatedly click on the Login button. Please wait till your first login request is accepted. 4. After login please click on Submit Your Return and upload the xml file. For e-payment also, the FBR needs to streamline the procedure. The following proposals may be considered and adopted after public debate, and after seeking input of various stakeholders: Through Tax Information Network (TIN), a repository of nationwide tax related information should be established by National Securities Depository Limited on behalf of the FBR. TIN will be a useful initiative by the FBR for the modernisation of the current system for collection, processing, monitoring and accounting of taxes using information technology. TIN should have the following three key areas: 1) Electronic Return Acceptance and Consolidation System, which consists of an infrastructure for interface with the taxpayers (a nationwide network of TIN-facilitation centres) and a web-based utility for the upload of electronic returns of tax deduction at source (TDS), tax collection at source (TCS) and annual information return (AIR) to the central system of TIN; 2) Online Tax Accounting System for daily upload to the central system the details of tax deposited in various tax-collecting branches across the country; and 3) Central PAN Ledger Generation System, a central system that consolidates for each PAN details of tax deducted / collected on its behalf, which is obtained by matching the TDS and TCS returns submitted by the deductors / collectors with the tax deposit (challan) information from the banks; and details of the tax deposited (advance tax, self assessment tax, etc) directly by the taxpayer with the bank. The FBR lacks expertise in the field of IT. Its wholly-owned IT company, Pakistan Revenue Automation Limited (PRAL), symbolises incompetence and corruption. PRAL has created a mess by providing a faulty e-filing mechanism. The FBR should hire competent system analysts, who alone can, after seeking input of tax experts, devise an automated system to cater to all the needs of e-filing. Before implementing any such system, the education of taxpayers is a must. The FBR without facilitating and educating the taxpayers has unilaterally imposed on them e-filing obligations, making compliance more cumbersome and painful. (The
writers, tax consultants, are members of visiting faculty of LUMS. Email: lahorelaw@hotmail.com) realpolitik No one is deluded by the claims being made by the Chief of Army Staff that future American attacks will be repelled by the Pakistani military By Aasim Sajjad Akhtar Ordinary Pakistanis no
longer harbour any delusions about their own military. For more than 60
years, This official state ideology has facilitated numerous military interventions, debilitation of the political process and almost unbridled oppression of those of who have disputed the military's 'saviour of the nation' role. In recent times, geopolitical changes and numerous internal contradictions within the military-dominated establishment have greatly undermined the dominant narrative, though some important constituencies can still be mobilised into a frenzy by invoking the familiar tale of the 'foreign hand'. However, after widely-publicised incursions by American troops and bombers into Pakistani territory over the last week or so, whatever remained of the myth of the military's infallibility is now likely to be completely shattered. Notwithstanding the multiple self-designated roles of the military in Pakistan, ultimately the professional army of the modern nation-state is charged with one basic responsibility: to protect territorial sovereignty. And it is ironic that the military's abject failure to fulfil its basic mandate is a function of its long-standing patron's repeated violations of the country's territorial sovereignty. Of course, discerning observers and principled opponents of the military-dominated state and its backers in Washington have always attempted to debunk the notion that Pakistan is a genuinely sovereign state and that its military is the heroic protector of this sovereignty (most crucially during the genocidal action in east Pakistan in 1971 when the military itself was pushing the country towards break-up). It is only now, however, that this glaringly simple fact is becoming common knowledge. By the early 1950s, Pakistan had helped American cold warriors build a secret base near Peshawar to facilitate spy missions into Soviet air space. The first Pakistani commander-in-chief of the army, and the originator of the art of making military coups, General Ayub Khan, openly offered Washington the services of Pakistani troops in securing American geo-strategic needs in west Asia. General Ziaul Haq was even more shameless in mortgaging Pakistani territory and troops to the US through the 1980s. Even though there were not insignificant manifestations of anti-imperialist sentiment among the working people in these first few decades (such as the protests against British and French expansionism in the Suez), there was no widespread condemnation of the Pakistani military establishment's acceding to the role of American satellite state, and this, of course, was because the unyielding propaganda that demonised the 'godless' Soviets meant that Americans could actually be depicted as 'people of the book'. There was a blatant contradiction in the fact that Soviet communism was vilified while Chinese communism was celebrated in Pakistan, but this too could be explained after the Sino-Soviet split in 1962. Under Bhutto, anti-imperialist sentiment became more common but beyond the rhetoric, the Pakistani military remained closely connected with its American counterpart and the overall posture of the state largely unchanged. Only after the collapse of Sovietism did the Muslim world wake up to the reality of what American imperialism had done to Muslim states, but this recognition often took the form of reactionary anti-Americanism spearheaded by the religious right. Now, thankfully, the hollow politics of the right has been exposed, after having generated considerable support in the first couple of years following the September 11 attacks. More importantly, the complicity of the military with the excesses of the Empire has been exposed. This is why no one who even vaguely understands the trajectory of geo-politics in this region is deluded by the typically triumphant claims being made by the Chief of Army Staff that future American attacks will be repelled by the Pakistani military. Lest one forget it has only been a couple of weeks since General Kiyani was whisked away on an American aircraft carrier to Qatar, where he remained in the company of at least three high-ranking American generals directly responsible for carrying out the so-called 'war on terror'. The COAS is very likely to have been informed about the soon-to-take-place incursions and his (reluctant?) consent ensured. There are surely many within the military establishment that are far from pleased with the public relations beating that the army is taking on account of its conspicuous absence whenever an American attack takes place. But there should be no confusion about the fact that the military top brass continues to be heavily patronised by the Pentagon and there is no chance that General Kiyani and his corps commanders will order Pakistani troops to actively resist American raids. If the Americans decided to undertake much more comprehensive sorties than that which they have undertaken to date, things might change. But for the time being, especially given that Washington is subject to serious imperial overstretch, short bombing and commando missions appear to be the strategy of choice in FATA. And it can be taken for granted that such missions will continue to give rise to considerable 'collateral damage'. Thus anti-imperialist sentiment will intensify, as will anti-military, and just as likely, anti-government sentiment. Meanwhile, the military establishment will continue to patronise non-state militants despite the worsening situation. Almost absurdly, this 'double game' being played by GHQ is now openly acknowledged by Washington, the Karzai government in Kabul and virtually all serious observers. That the Pakistani military continues to be patronised by Washington speaks volumes about the true intent of the Empire in the region. Meanwhile, both the Awami National Party (ANP) and the Pakistan People's Party (PPP) would do well to reevaluate their political strategies of relying on Washington's support to stay in power. Certain representatives of the ANP and the PPP regularly make hay about the role of the military establishment in creating the mess that exists today, yet remain silent about Washington. In the coming days, the gulf between the Pakistani people and those who support the so-called 'war on terror' will only widen. The Pentagon and GHQ have never paid more than lip service to what the people want, but presumably the ANP and the PPP derive their strength from the people. Seven years ago, Pervez Musharraf told the Pakistani people that we would support America's 'war on terror' because we wanted to protect our own territorial sovereignty. Now that this lie has been exposed, surely it is time for the people's representatives to take a stand with the people, rather than with imperialism and its client army. Public pressure has increased on Islamabad for a befitting reply to US direct military actions By Aimal Khan 'Make friendship with
wolf, but keep your axe ready' is an ancient Chinese proverb. The On Sept 3, US Special Forces, flown by helicopters, entered Angoor Ada and conducted the ground operation that left behind 20 dead, including women and children. The attack was followed by a series of attacks in Pakistan's Tribal Areas by US planes. Is the Angoor Ada attack the beginning of widely-publicised US direct military actions against the alleged terrorists and their safe heavens in the Tribal Areas? What will be the Pakistan's next line of action if US attacks continued with the same pace and intensity? Will Pakistan remain a silent spectator to such gross border violations or will it adopt an offensive approach? Will Islamabad continue its policy of appeasement towards the West at the cost of its own sovereignty or will it reconsider its role in the 'war on terror'? These are some of the lingering questions after the recent American attacks. Either due to the Pakistani government's appeasement policy or negligence, because of which it did not respond to intrusions by US planes and Special Forces in the past, the situation has reached a point where America has started ground operations on Pakistani soil posing serious challenges to the country's territorial integrity and sovereignty. Pakistan's official reaction to such provocations in the past has usually not been in line with the people's aspirations. US direct military actions in the tribal areas bordering Afghanistan, therefore, have triggered widespread anger and displeasure among the masses, and public pressure has increased on Islamabad for a befitting reply. The tribesmen have already started firing at the intruding US spy planes and drones. In this context, there remains no doubt that the recent US attack was a deliberate attempt to judge Pakistan's reaction. This time, however, Pakistan strongly reacted to the US intrusion. The ISPR condemned the action in strong words and warned that Pakistan reserved the right to retaliate, while the Foreign Office said it would not help joint Pak-US efforts to fight terrorism. The parliament and the provincial assemblies also passed resolutions denouncing the attack, and urged the government to take up the matter in strongest terms with ISAF member countries. They also demanded of the government to adopt practical measures for stopping such incidents and to repulse such attacks with full force in future, besides immediately arranging compensation for those killed or injured by the attack. As usual, the Bush administration did not apologise. Instead, some US observers predicted a possible intensification of American efforts to disrupt militant havens in Pakistan. No doubt, US actions will intensify the existing anti-Americanism in Pakistan and ultimately damage the ties between the two countries. Historically seen, anti-US feelings are deep rooted in Pakistan due to Washington's consistent policy of encouraging military takeovers in Pakistan. Its pro-Israel tilt and other actions in Muslim countries have further strengthened these feelings. After the ouster of General (r) Pervez Musharraf, the US government was facing problems in coping with the new political realities that emerged after the Feb 18 elections. Due to its vulnerability, the democratic set up in Pakistan has never remained an ideal choice for the West, which, therefore, prefers dealing with military dictators. Therefore, some powerful western quarters feared that Pakistan would loose track of the 'war on terror' in case Musharraf was removed from power. During the last few months, most of the energies of the ruling coalition have been spent on addressing other pressing issues, such as dealing with the judicial crisis, getting rid of Musharraf and countering inflation. Now the proxies (elected leadership) lack vision, will power and capacity, while the real power holder (the army) is reluctant to shoulder the responsibility. It seems that the conservative, anti-US establishment prefers to manipulate things, using the pro-west and so-called liberal civilian facade. On the other hand, political observers are wondering over what prompted US forces to resort to such a blatant border violation, particularly after the recent high-level meetings between US and Pakistani political and military leaderships. The Angor Ada attack manifests that US and Pakistani leaderships have not yet sorted out their differences over the conduct of the 'war on terror' inside Pakistan. The violation, on the one hand, shows the frustration and uneasiness among US forces over their inability to check the increasing attacks in Afghanistan; while, on the other hand, it shows helplessness of Pakistani authorities to check border violations. Moreover, the timing of the attack, made on the eve of presidential elections, raises suspicions that it was aimed at destabilising Pakistan and keeping the civilian government under constant pressure. Some people consider the attack as a reaction to the Pakistani government's announcement of ceasefire with the militants during Ramzan. The ongoing military operation remained one of the main issues in the recently held presidential elections. The military operation was used as a bargaining chip by the Jamiat Ulema Islam-Fazl (JUI-F) and FATA parliamentary group, because they made their support for Asif Ali Zardari conditional to its stoppage. The ground operation by US forces in the Tribal Areas is not the first incident of its kind, but what makes it different from the previous attacks is its nature and intensity. Since 9/11, the Bush administration has on many occasions asked for direct operations on Pakistani soil. The Bush administration laid down plans back in early 2003 for a military operation against al-Qaeda in Afghanistan, which included US action inside Pakistan. The US reached an informal agreement with Pakistan in March 2002 to authorise American troops for 'hot pursuit' into Pakistan as long as Pakistani forces were involved. The joint operations were suspended in 2003. Now US Special Forces are allowed to conduct reconnaissance flights and target al-Qaeda suspects on actionable intelligence, but they are required to inform Pakistani authorities through the proper channel about such attacks. For the last few months, however, US forces have not bothered to inform Pakistani authorities about these attacks. Of late, Pakistan is under unprecedented external pressure to do more in the 'war on terror'. In other words, to allow US forces to take direct action against the militants and rein in some rogue elements in Pakistan's security establishment. Islamabad's current strategy to deal with the militants has not only repeatedly failed to satisfy its allies' expectations and demands, but also to check the ever-growing militancy in the country. One of the reasons for the failure of this strategy is Pakistan's defiance to disengage with the Taliban; the strategy is aiming at controlling the militants, rather than completely rooting them out. By launching direct attacks in Pakistan's Tribal Areas, the US is itself negating its public commitments: it will respect the sovereignty of Pakistan and support and give the democratic government a chance. The attacks and repeated border violations by the US are not only pushing the country towards the brink of instability and chaos, but also weakening the new civilian and democratic setup in Pakistan. One does not know whether a new strategic equation between the US and Pakistan is in the offing or is it just a bluff game by the two sides, but the unfolding tension is leaving far reaching impacts on the internal politics of Pakistan. (The
writer is a political observer associated with Sustainable Development
Policy Institute, Islamabad. Email:
aimalk@yahoo.com)
transparency The proposed Freedom of Information Act is mere eyewash By Ali Waqar The ruling Pakistan
People's Party has proposed a new Freedom of Information Act 2008 to
replace, The statement of objectives and reasons of the proposed draft further reads: "The Freedom of Information Ordinance 2002, one of the nightmares of the despotic rule and strangulation of information and denial of fundamental rights to the people of Pakistan, served as a suppressor and blocker of the information and has failed to achieve its declared objectives." The bill, a copy of which is available with The News on Sunday, says information is an essential pre-requisite for the people's realisation of their ideas of good and transparent governance, for which it is necessary to ensure that they should have fullest possible access to public records. It will be applicable in whole Pakistan at once after its approval. The draft also says the "right to know" is a universally recognised "inalienable birth right" of an individual and the people, the "real sovereigns", have the right to access to all public records, subject to law and "except the material harmful to national security, relations with the friendly countries, and the privacy of the life, home, family and honour of the citizens of Pakistan." The bill is different from the 2002 Ordinance in certain regards: for example, the prescribed time to provide information to the applicant has been reduced from 21 days to 14 days. Four sub-sections of the 2002 Ordinance, that exclude certain types of public records, have also been deleted. However, many of the sections of the new bill are the same. The bill, which aims at availability of public records to the public and the media, through certain rules, excludes the availability of the record relating to the deployment of defence forces, defence installations or connected there with or ancillary to national security; record declared as classified by the federal or provincial government during the period for which it is classified; record relating to the personal privacy of any individual; and record of private documents furnished to a public body either on an expressed or implied condition that information contained in any such documents shall not be disclosed to a third party. The bill has deleted five sub-sections of the 2002 Ordinance relating to the information that is on the files; in the minutes of meeting; any intermediary record declared as classified by the federal government; opinion or recommendation; and any other record which the federal government may, in public interest, exclude from the purview of this ordinance. Section 14 of the proposed act is the one exempting information from disclosure. It includes the following: International relations Information may be exempt if its disclosure would be likely to cause grave and significant damage to the interests of Pakistan in the conduct of international relations, but not without explaining why. In this section, 'international relations' means relation between Pakistan and the government of any other foreign state or an organisation of which only states are members. Disclosure harmful to law enforcement Information may be exempt if its disclosure is likely to result in the commission of an offence; harm the detection, prevention, investigation or inquiry in a particular case; reveal the identity of a confidential source of information; facilitate an escape from legal custody; and harm the security of any property or system, including a building, a vehicle, a computer system or a communication system. Privacy and personal information Information is exempt if its disclosure under this act would involve the invasion of the privacy of an identifiable individual (including a deceased individual) other than the requester. Economic and commercial affairs Information is exempt if and so long as its disclosure would be likely to cause grave and significant damage to the economy as a result of the premature disclosure of the proposed introduction, abolition of variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; cause significant damage to the financial interests of the public body by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public body for the acquisition or disposal of property or the supply of goods or services; and cause significant damage to the lawful commercial activities of a public body by revealing information to its competitor(s). In the defined procedure, the bill binds the public / designated official to provide the required information with 14 days of the receipt of the request, which was 21 days in the 2002 Ordinance. The Mohtasib or the Federal Tax Ombudsman, as the case may be, may, after hearing the applicant and the designated official, direct the designated official to give the information or, as the case may be, the copy of the record, or may reject the complaint. All such applications shall be disposed of within 14 days of being filed. The complainant may challenge the decision to classify or exempt a record in the high court of competent jurisdiction and in the event of an adverse decision appeal to the Supreme Court. "Where a complaint instituted is found to be malicious, frivolous or vexatious, the complaint may be dismissed by Mohtasib, and fine may be imposed on the complainant up to an amount not exceeding ten thousands rupees." The draft bill also proposes offence, which includes: "Any person who destroys a record which at the time it was destroyed was the subject of a request or of a complaint with the intention of preventing its disclosure under this act, commits an offence punishable with imprisonment for a term not exceeding two years, or with fine, or with both. The designated officer, who without reasonable excuse, fails or refuses to provide inspection of disclose records under the described sections shall be liable on summery conviction to a fine not exceeding Rs25,000." "A thorough reading of the draft bill shows that though there are some positive changes, most of its content is similar to the Freedom of Information Ordinance 2002," IA Rehman, director of the Human Rights Commission of Pakistan (HRCP), told The News on Sunday. He says the draft is not on the lines proposed by the South Asian Free Media Association (Safma) after a broad based consultation in 2004. Hussain Naqi, regional coordinator of the South Asian Media Commission, told TNS that currently the Indian law of guaranteeing freedom of information and access to public records was the most appropriate in the region. Though there are hiccups in its implementations to some extent, it also provides outline of even defence projects. He added that the Commonwealth through experts has also proposed a model freedom of information law draft for South Asian countries that can considered. (The
writer works with Safma, Lahore. Email:
vaqargillani@gmail.com)
Journalists based in the restive North Waziristan and Bajaur agencies have been facing new threats as militants warn them of dire consequences if they reported their activities By Mushtaq Yusufzai Journalism has always
been a risky job in the militancy-stricken Federally Administered Tribal
Areas Their lives have always been under serious risk, and many of them are working under tremendous pressure from security forces and militants. Journalists based in the restive North Waziristan and Bajaur tribal agencies have been facing new threats as militants warned them of dire consequences if they reported their activities. Last week, a pro-government Taliban organisation led by Maulana Hafiz Gul Bahadur, operating in the militant-teemed North Waziristan Agency, conveyed a strong message to the tribal reporters working for national and international print and electronic media organisations to stop reporting Taliban activities or else face the music. The Taliban threatened to execute journalists if they continued reporting their activities in the North Waziristan agency, through a hand-written letter. The militants particularly warned tribal journalists working as stringers for international print and electronic media in the agency. They banned the entry into the agency of non-local journalists, whom they accused of spying on Taliban for the US-led Nato forces in Afghanistan. Ahmadullah Ahmadi, a spokesman for North Waziristan Taliban militants, told The News on Sunday that they had announced death penalty for the non-local journalists coming to their region and reporting on Taliban activities. Also, he said, they had asked tribal reporters associated with foreign media outlets to stop reporting for the western media, "which has always been maligning Taliban and mujahideen" or face death penalty. Ahmadi alleged that most of Pakistani journalists working for the foreign media were on the 'payroll' of the US and other western countries, whose armed forces have been battling the Taliban in Afghanistan. Militants threatened that non-local journalists, if found in North Waziristan Agency, would face the same punishment as is announced for US spies: death penalty. They, however, said non-local journalists must obtain prior permission from the Taliban before entering the agency. "We are investigating links of the tribal journalists with the spy agencies," said Ahmadi, alleging the journalists working with the foreign print and electronic media were "dangerous" for the Muslims and the country. The militants threatened to publicly execute the journalists, defaming the Taliban Tehreek of North and South Waziristan and working against the cause of 'mujahideen'. The disappearance of people is very common in the tribal areas. Beheaded bodies are usually recovered with a written note, saying: "Anybody found spying for the US would meet the same fate." The militants in North Waziristan had signed a peace agreement with the government on Feb 17, 2008, a day before the general elections. They had set up separate Islamic courts, peace force and detention centres, and were collecting taxes from vehicles carrying goods to neighbouring Afghanistan. In June 2006, tribal journalist Hayatullah Khan was killed after being kept incommunicado for six months by unknown people in North Waziristan. The unknown killers of Hayatullah later even murdered his wife and a brother. Similarly, journalists of another troubled tribal region, Bajaur Agency, are also facing serious risks, as militants warned them of serious punishment for leaving their homes during the military operation. On Aug 6, the government launched a long-awaited military operation and air-strikes against the militants affiliated with Baitullah Mahsud-led defunct Tehrik-e-Taliban Pakistan (TTP), led by Maulvi Faqir Mohammad in Bajaur. Like hundreds of thousands of agency residents, over a half dozen tribal journalists also left their homes and moved to the distant settled districts. Upon return to their homes, the journalists received threats from Taliban militants, asking why did they leave Bajaur during the operation? The journalists even complained they were threatened they would no longer be allowed to work in Bajaur, for the reason that they fled their homes "when Bajaur needed their help". Already facing numerous security concerns, the tribal reporters are now being continuously threatened and harassed by the militants and security agencies. Because of the never-ending harassment of journalists and their families, many tribal journalists have permanently moved to settled areas of the NWFP. In July, suspected militants threatened three journalists working in South Waziristan Agency, namely Zafar Wazir, Din Mohammad and Anwar Shakir, with death punishment. Anwar Shakir, working for a foreign wire service, shifted his family to Islamabad, while two others are still facing life threats in Wana, the South Waziristan Agency headquarters. In 2005, two tribal journalists -- Mir Nawab Wazir, 32, and Allah Noor Wazir, 28 -- were shot dead by unidentified assailants in Wana. They were killed on their way home after attending a truce-signing ceremony between tribal commander Baitullah Mahsud and the government in Srarogha, Waziristan. Bajaur has never been favourable to working journalists. In Sept 2007, tribal reporter Dr Noor Hakim Khan died when suspected militants blew up the vehicle that he, along with some tribal elders and government officials, was travelling in while going to convince the tribesmen to immunise their children. On May 22, unidentified assailants shot dead another tribal journalist, Mohammad Ibrahim Khan. Ibrahim, 38, was returning home in Bhai Cheena village near Inayat Kalley, Bajaur Agency, on his motorcycle after interviewing TTP spokesman Maulvi Omar in Drabo Jumaat near Damadola when unknown gunmen sprayed bullets on him on the Bypass Road. He died on the spot and his killers took away his motorcycle, video camera and camera tripod. The death of Ibrahim was a clear-cut message to other tribal journalists in Bajaur. It was reminded to them that the TTP was not the only militant group they ought to be covering. "It has become difficult for us to convince these rapidly increasing militant groups and their commanders that we are not here to promote or demote someone," said a senior tribal reporter of the troubled Bajaur Agency who wished not to be named due to growing threat by the militants to media people. The increasing consumption of ozone depleting substances in Pakistan is fast degrading the environment The relationship between
humans and the environment is unique; both are interdependent and The upper atmosphere (stratosphere) contains the shield of ozone layer that protects living beings on the earth from harmful ultraviolet solar radiations. The ozone layer plays a key role in the atmosphere by absorbing most solar radiations. According to scientists, the concentrations of ozone layer vary with sunspots, seasons and latitude. Research also shows that every natural reduction in ozone levels has been followed by a recovery; however, human-made technologies, especially chemicals, are disturbing this mechanism. The chemicals that affect the environment are known as 'ozone depleting substances' (ODS). These include chlorofluorocarbons (CFCs), hydro chlorofluorocarbons (HCFCs), halons and methyl bromide that are used in refrigeration, air conditioning, firefighting, metal cleaning, foam blowing and soil fumigation. All these chemicals are stable, insoluble at low altitude, and are responsible for the depletion of the ozone layer, because they release chlorine or bromine when they break down. According to environmentalists, one chlorine atom can destroy more than 100,000 ozone molecules. Results of several experiments indicate that CFCs, HCFCs and halons produce an alarmingly high 84 percent of the chlorine in the stratosphere. As these compounds have a long atmospheric life, they have the potential to damage the protective ozone layer. CFC-12 has an atmospheric life of 102 years, CFC-113 of 85 years, CFC-11 of 50 years and halon of 20 years. The world was shocked when the scientists discovered a hole in the ozone layer in 1985. The depletion of ozone layer rang the alarm bells because it absorbs dangerous Ultraviolet-B radiations that are harmful to all forms of life on the earth. For instance, these radiations damage the human eye (cataract, snow blindness, etc) and cause skin cancer (melanoma). Moreover, these radiations suppress the efficiency of the human body's immune system and increase the risk of disease / infection. As concerns the rest of the environment, these radiations reduce rates of plant growth, upset the balance of ecosystems and marine life, and accelerate the degradation of plastics and other materials. Realising the dangers of the ozone layer's depletion, the international community took a number of initiatives, such as the Montreal Protocol, which was initially signed by 24 countries in 1987 and now has a membership of 191 countries. Pakistan joined the protocol -- whose major objectives are to phase out the production, consumption and use of the chemicals that affect the ozone layer -- in 1992. A number of amendments have been made to the Montreal Protocol over the years, such as those relating to the restriction of trade with a non-party, and control measures for production and consumption of HCFCs. Pakistan, being a member of the Protocol, has also taken a number of related initiatives. For instance, the country made an institutional arrangement, with the help of donor funds, in 1996 to achieve the objectives of the Montreal protocol. Pakistan's environment policy talks about promoting the use of ozone friendly technologies and phasing out the use of ODS in line with the provisions of the Montreal Protocol, yet nothing concrete has been done to achieve this end. According to the World Bank, the consumption of ODS is not decreasing in the country; in some sectors, it is actually increasing. As concerns Pakistan's commitment to phase out ODS, it is struggling to achieve targets outlined in the Montreal Protocol. For instance, the country failed to reduce the consumption of CFCs by 85 percent by the end of 2007. The government, therefore, needs to take some major steps. First, it should impose strict restriction on the import of ODS. Second, it should ensure proper implementation of regulatory measures introduced by it, such as the licensing system for CFCs and halons. Third, it should adopt effective measures to put an end to the smuggling of CFCs. According to an environment agency's report, the smuggling of CFCs into Pakistan has risen over the last couple of years. This trend has picked up due to less domestic quota and high demand for CFCs in the market. Fourth, the government should bound the industrial sector to use replacements of ODS, because scientists have now presented a number of alternate chemicals. Nonetheless, the depleting ozone layer is recovering now, due to reduction in the production as well as consumption of ODS at the global level. On September 16, which is the International Day for Preservation of Ozone Layer, all the countries including Pakistan should make a commitment with their people that to protect the future of next generations on this planet, they would fully implement the Montreal Protocol. (Email:
sibtainrazakhan@yahoo.com)
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because history and truth (and some say, God) is on its side? These are
the two opposite responses given to the current impasse. The former
suffers from opportunistic scepticism and the latter from irrational
optimism. What is required is to avoid both the extreme positions. The
lawyers' movement urgently needs to build on its achievements, to learn
from its mistakes and to objectively analyse future challenges for
determining its goals and devising a realistic strategy to achieve these
goals. The movement can neither go home in despair nor carry on with the
same old strategy.
of the Dalit-Bahujan movement. He is a prolific writer. Among his best
known works are Why I Am Not a Hindu: A Critique of Hindutva From a
Dalit-Bahujan Perspective, God as a Political Philosopher: The Buddha's
Challenge to Brahminism and Buffalo Nationalism: A Critique of Spiritual
Fascism. In this interview, done recently by the The News on Sunday, he
talks about his work and reflects on the role of religion in the
Dalit-Bahujan struggle. Excerpts follow:
federal excise duty, the Federal Board of Revenue (FBR) on September 6,
2008 extended for the third time the deadline to September 10, 2008. The
FBR's decision to introduce compulsory e-enrolment and e-filing of income,
sales tax and federal excise returns and statements, without considering
the shortcomings of its e-portal and the country's technological
infrastructure, has resulted in unprecedented hardships for the taxpayers.
All this is being done in the name of the foreign-funded Tax
Administration Reform Programme (TARP).
towards automation would entail problems of
comprehension. Therefore, it adopted "a proactive approach at the
highest level by explaining the salient features of the scheme to the
leaders of the business community." One wonders how e-filing can be
implemented successfully by educating members of trade bodies alone. This
shows the hollowness of the FBR's approach.
the people of this country have been bred on a militaristic nationalism in
which India and, to a lesser extent, other 'hostile' neighbours have
played the part of scheming villains. According to this narrative, the
military is the saviour of the nation, emerging time and again to 'save
Pakistan'.
unprecedented increase in US attacks inside Pakistan, particularly the
recent ground operation in Angoor Ada, South Waziristan Agency, by its
Special Forces, and Islamabad's decision to suspend the supplies via
Khyber Agency to US and NATO forces in Afghanistan for a while has
deepened the tension between the 'allies' in the so-called 'war on
terror'.
what it terms, "a black and anti-information" Freedom of
Information Ordinance 2002, promulgated by the outgoing president, General
(r) Pervez Musharraf. The draft of the bill, to be introduced in the
National Assembly soon, is being termed "a more democratic and people
friendly Act of Parliament to ensure comfort and convenience for the
people, openness and transparency in public offices, and accountability of
the public sector organisations."
(FATA), where several journalists have already died in the line of duty.
Both national and international media depend on these journalists while
covering the so-called 'war on terror', which Pakistani forces have
launched against al-Qaeda militants and their supporters in the tribal
belt along the border with Afghanistan.
equally affect each other. With technological advancement and cultural
innovations, humans have become capable of countering the various
challenges being posed by the environment. However, at the same time, some
of the new technologies, as well as other human-made factors, are also
endangering the positive relations of humans with the environment. No one
can deny the importance of the environment for humans. In fact, human
survival on the earth is possible only due to the favourable environment.
The environment sustains our planet's ecosystem and its different layers
protect living beings from harmful solar radiations.