pak-afghan 
The talk over talks
The Hamid Karzai-Nawaz Sharif talks may not have achieved much in matters concerning security, but progress was made in terms of economic cooperation
By Rahimullah Yusufzai  
President Hamid Karzai’s keenly awaited visit to Pakistan had raised expectations, particularly in Afghanistan, of a breakthrough in repairing the strained ties between the two neighbouring Islamic countries, but there is no indication yet that it has achieved something tangible.  

policy
Rethinking anti-terrorism strategy
The government is still struggling to come up with a coherent strategy that could define the approach that many different government agencies need to follow
By Helal Pasha  
Amid certain hesitancy, numerous approaches, number of drafts, and advices from various defense analyst and public intellectuals, the Prime Minister Nawaz government is still struggling to come up with a coherent strategy that could define the approach that many different government agencies need to coordinate and follow in the field. The problem is that the government has embarked upon such a long spiel that it has lost the way. The policy does not need a long preamble explaining the causes of terrorism in Pakistan. Most Pakistanis already know them.  

Chronic ‘debt dependence’
Bailouts by donors will not serve the purpose unless
 the government puts its own house in order
By Huzaima Bukhari & Dr Ikramul Haq
All is set for the executive board of the International Monetary Fund (MF) to consider Pakistan’s request for a fresh bailout package on September 4, 2013 after Islamabad has purportedly “fulfilled all prior requirements” — the IMF has already circulated amongst members the Letter of Intent (LoI) it received from Islamabad. Reportedly, though the IMF has agreed to provide $6.6 billion under the Extended Fund Facility (EFF), Islamabad is insisting on $7.3 billion confirming its insatiable ‘debt addiction’.

issue
Politics of flood
A large number of families in kacha areas use fishing boats to get ration as there is no land route. They need help to come out as water level may rise again
By Jan Khaskheli
Nobody knows the pain of discrimination more than Daya Ram, belonging to low-caste Kolhi community, who luckily received a shelter in donation near the embankment of Kalri Baghar Feeder, a canal feeding the Karachi city. His family was among hundreds of thousands of people displaced by the flood in 2010.

Fighting to lose
With Egypt’s foreign reserves fast depleting and  foreign investment shrinking, people will soon feel the financial brunt of continuing unrest
By Dr Syed Hussain Shaheed Soherwordi
Egypt, a nation of 82 million people strategically situated at the crossroads of North Africa and the Middle East, is passing through an unprecedented series of revolutions for civil and democratic rights. Last time, the entire nation was fighting against Hosni Mubarak’s dictatorial regime. Now it is the Muslim Brotherhood, whose democratically elected government under the leadership of President Morsi was overthrown, and hence they are demonstrating for their civil and egalitarian rights.

Radicalisation sans borders
In its current form, radicalisation is no more a localised issue of tribal areas of Pakistan, Somalia and Yemen. The US and Europe are now facing a serious internal challenge of containing extremism in their own cities
By Naseer Memon
If anything that has gripped the whole world with alarming intensity, it is nothing but a rapid rise of radicalisation. It is no more confined to Islamic countries of Asia, Africa and Middle East. The so-called free world is emerging as a hotbed of radicalisation.

history
The creation of Swat State
This obsession with a straight-jacket definition of a ‘Pakistani’ and ‘Pakistani nation’ has mired us in a complex web of, simply put, catastrophes, but we are still oblivious to its fatal effects
By Yaqoob Khan Bangash
The more I study Pakistan the more fascinated I get by the diversity and complexity of its regions, peoples and cultures. Unfortunately, for most of Pakistan’s history the focus of the central government has been to ignore and suppress regional identities, rather than make them an integral part of the national identity.

Prisoners of artificial boundaries
The poor fishermen are left languishing in jail without any reason or ground of detention, and without jurisdiction or lawful authority. The state thus treats them like prisoners of war and political pawns, deprived of any right to a fair trial  
By Shaffaf Shahid  
The escalating arrests of fishermen inadvertently crossing the Pakistan-India maritime border, and their prolonged and unlawful detentions have compelled civil society organisations to step in to counteract the egregious lapses on the government’s part in securing the safety and liberty of its citizens.  
On July 23, Indian border security forces arrested Pakistani fisherman Gul Bahar in the Sir Creek area, in response to which the Pakistani Acting Deputy High Commissioner in New Delhi served a démarche.  



 






pak-afghan 
The talk over talks
The Hamid Karzai-Nawaz Sharif talks may not have achieved much in matters concerning security, but progress was made in terms of economic cooperation
By Rahimullah Yusufzai

President Hamid Karzai’s keenly awaited visit to Pakistan had raised expectations, particularly in Afghanistan, of a breakthrough in repairing the strained ties between the two neighbouring Islamic countries, but there is no indication yet that it has achieved something tangible.

Sooner rather than later, we could again start hearing complaints from Kabul that Islamabad wasn’t cooperating in stabilising Afghanistan by putting pressure on the Afghan Taliban to join the peace process.

That has been happening for some years now and could happen again as Kabul’s expectations are far beyond Islamabad’s capacity to deliver.

Realising the complexity of the relationship with Pakistan, Karzai had tried to play down the expectations by remarking before his departure for Islamabad that he remained hopeful but wasn’t sure of the success of his visit. He extended his one-day visit by a day and Prime Minister Nawaz Sharif promptly decided to host him in the serene and pleasant environs of Murree to provide a better setting to their talks.

It was obvious that both sides made efforts to make the visit successful, but the deep mistrust — between the two governments and their security institutions — cannot be overcome in one visit and a few sittings.

Since his installation as President in December 2001 by his US-led allies, Karzai had paid 14 visits to Pakistan. His 15th visit was undertaken after 18 long months, unlike his previous trips that were made at regular intervals. However, the two countries weren’t so estranged then and there were hopes that something better would emerge from their frequent engagement with each other. That promise didn’t materialise as the security situation in Afghanistan deteriorated due to the strengthening Taliban resistance despite the gradually expanding presence of the Nato forces.

After Sartaj Aziz, advisor on foreign affairs and national security to Prime Minister Nawaz Sharif, had personally delivered an invitation to the Afghan President to visit Pakistan, reports from Kabul indicated that Karzai was reluctant to undertake the trip unless there was an assurance that it would be beneficial. Eventually, he agreed to come to Pakistan as a new government had been installed after the elections and Prime Minister Nawaz Sharif had made positive statements with regard t o improving ties with Afghanistan.

Afghan government officials, however, insisted on having a proper agenda for the talks addressing Kabul’s concerns.

They argued that there had been much talk and little action by Pakistan with regard to closing the safe havens for the Afghan Taliban on its soil and pushing the Taliban leader Mulla Mohammad Omar to agree to peace talks with the Afghan government. Pakistan’s protestations that it was doing everything within its means to help restore peace in Afghanistan and bring the Taliban to the negotiation table fell on deaf ears in Kabul.

In fact, the situation was hardly conducive for the Karzai visit. It became possible on initiative of Nawaz Sharif, who after his decisive victory in the May 11 general election appeared to be in a hurry to initiate steps to mend fences with both Afghanistan and India.

In context of Afghanistan, he felt Islamabad needed to play a more active role in the Afghan peace process — not only to stabilise the war-ravaged country but also to reduce its negative fallout on Pakistan.

However, the repeated anti-Pakistan statements by Afghan government functionaries created bitterness prior to the Karzai visit. The Afghan National Army chief General Sher Mohammad Karimi argued that everything was in Pakistan’s hands as the Taliban were under its control and there would be peace in Afghanistan if Islamabad so desired. Karzai’s close aide Karim Khurram alleged that the opening of the Taliban office in Qatar in which Pakistan and the US played a role was aimed at dividing Afghanistan.

One of the expectations from the visit was the release of more Afghan Taliban leaders being held in Pakistan as a follow-up to Islamabad’s decision last year to free 26 of them on the request of the Afghan High Peace Council. Salahuddin Rabbani, the son and successor of the council’s founder Prof Burhanuddin Rabbani who was killed by a Taliban suicide bomber, had publicly stated that he would be seeking release of the remaining jailed Afghan Taliban leaders, including the movement’s former deputy head Abdul Ghani Biradar.

As Pakistani officials had already promised to release him and others, there isn’t any visible hurdle to freeing them except the concerns by the US that they could return to the battlefield and, therefore, a system needed to be devised to keep track of them. The detained Taliban could be freed in due course of time once the modalities have been worked out.

The suggestion in sections of the media that Biradar would be handed over to Karzai and flown to Kabul was naïve because Pakistan risked annoying and alienating the Taliban if he was given into the custody of his Afghan enemies. If Islamabad has its way, it would insist on releasing the rest of the Taliban leaders in Pakistan and leaving it to them whether they want to travel to Afghanistan and hold talks with the Afghan government. None of the 26 previously freed returned to Afghanistan or held talks with Kabul. There is little possibility that Biradar and the rest would do so once they are freed. Besides, one has to keep in mind that the Taliban leadership doesn’t allow any of its freed men to represent it at any forum even if they held top positions in the movement in the past.

The visit may not have achieved much in matters concerning security, but progress was made in terms of economic cooperation. Nawaz Sharif made particular mention of this aspect of the Pak-Afghan relationship during his joint press conference with Karzai, who focused more on Kabul’s expectations of Pakistan’s cooperation in the Afghan peace process. Foreign Minister Ishaq Dar and his Afghan counterpart Hazrat Omar Zakhelwal signed an agreement to carry out joint projects and increase trade and economic cooperation. A significant joint initiative is building a hydel-power project on the river Kunar. Earlier, there were reports that India could be asked to build this dam. This had upset Pakistan. This project would also hopefully resolve the issue of water-sharing of river Kabul and mutually benefit from their water and hydel resources.

Other proposed projects include building a motorway from Peshawar to Kabul and expediting work on laying railway track also from Peshawar to Kabul. Pakistan promised to complete development projects that it had earlier promised. This includes the construction of the second Torkham-Jalalabad road as Pakistan has already built one such road. Pakistan would also build power lines to bring electricity from Tajikistan and Kyrgystan to Pakistan via Afghanistan. On its part, Afghanistan promised to facilitate Pakistani exports through its territory to the Central Asian states.

Pakistan promised to address Afghanistan’s concerns with regard to the existing trade and transit issues within two weeks.

One would have to watch out for any progress on the security front as it is possible some understanding was reached but wasn’t made public. In Kabul, a meaningful statement was issued by Karzai’s spokesman to the effect that the Afghan government was looking forward to the implementation of the decisions made in the Karzai-Nawaz Sharif meetings.

With only seven months left in his second term as President of Afghanistan, Karzai is desperate for access to the Afghan Taliban leaders so that he could hold talks with them in the hope of peacefully ending the Afghan conflict. He believes Pakistan is the key to peace in Afghanistan, though there is little evidence to suggest that the Taliban would take dictation from Islamabad and take care of Pakistan’s interests rather their own.

 

 

 

 

 

 

 

policy
Rethinking anti-terrorism strategy
The government is still struggling to come up with a coherent strategy that could define the approach that many different government agencies need to follow
By Helal Pasha

Amid certain hesitancy, numerous approaches, number of drafts, and advices from various defense analyst and public intellectuals, the Prime Minister Nawaz government is still struggling to come up with a coherent strategy that could define the approach that many different government agencies need to coordinate and follow in the field. The problem is that the government has embarked upon such a long spiel that it has lost the way. The policy does not need a long preamble explaining the causes of terrorism in Pakistan. Most Pakistanis already know them.

The purpose of the policy should be defining actionable plans to counter the domestic terrorism effectively. The domestic terrorism does not require a counter insurgency strategy; neither does it need the whole population to get ready to scarify its time and lives defending the motherland from terrorism. All it needs is creating awareness in the general populace and developing a system that people can understand and know whom to contact upon watching some suspicious activity. The army’s intervention is mostly not required. The civilian law enforcement agencies can be sufficiently trained to handle individual suicide bomber or a terrorist attack by a few individuals.

Over the years, successive Pakistan governments have looked at domestic terrorism as insurgency in a foreign land. The US was dealing with the insurgency in two foreign lands, while for Pakistan no terrorist is foreigner. They are all homegrown, and they should have always been treated as such.

The defense analysts, in their borrowed wisdom, also fall in the same trap. The analysts want to follow the US COIN model or other counter-insurgency programmes, where the US army takes the primary role. They completely ignore the US domestic counter-terrorism approach that has no role for the army. That should have been the model for Pakistan from day one.

Pakistan’s terrorism problem is three and half dimensional. The first dimension and the most prominent group is Pakistani Taliban from Fata. The second and half dimension is Punjab-based sectarian outfits and former Jihadi who took part in battles in Kashmir. The last dimension consists of various warring groups including the Taliban and sectarian militants based in Karachi. There might be some splinter groups, but all law enforcement agencies are aware of these groups. Knowing their background and ideological commitment is completely irrelevant from the law enforcement point of view. They are all involved in terrorism and should be treated as terrorists.

Now look at the approach the US took after the heinous attacks on September 11, 2001. The US first decided to beef up its internal security system. The US national anti-terrorism policy has two aspects: visible and invisible.

Visible features were not about creating roadblocks at every turn or stationing ill-equipped police officers to search the cars. The US instead created a highly visible airport security system under Transport Security Administration. To enhance the public awareness, the US government initiated a colour-coded alert system that was given prominence in the media. As the colour codes moved up, more people showed interest in their surrounding. The people, within a short period, were fully attuned with the government efforts in national security.

The airport security system was not catching many terrorists. The system instead alerted everyone including the would-be terrorists that the internal security is always on high alert and they have a little chance of getting away with anything evil. Any report of mistreatment of passengers at the airports that appeared poor public relations, also sent a message to bad guys that the security personnel at the airport are no-nonsense and discourteous bunch that do their job no matter what.

The visible aspect of security worked as significant psychological deterrence. The invisible part actually grabbed the suspects before they could even get close to doing anything.

The Federal Bureau of Investigation (FBI) was the lead agency aided by several other non-uniform agencies and the local police that took part in the invisible side of the counter domestic terrorism policy. The agencies first identified potential groups that could be, for various reasons, inclined towards terrorism. Once identified, the congregation places of these groups were first placed under surveillance. The second part was penetrating the groups.

Both the surveillance and penetration identified the individuals for careful monitoring. New York was the focal area of this programme, but over years the programme was implemented all over the country.

The US have many right wing groups involved in domestic terrorism; they were all brought under this programme. With this tight programme hardly any would-be terrorist got out of the civilian agencies’ sight. Some individuals managed to fall through the surveillance programme, but they were far and few. Overall the US has been successful in controlling domestic terrorism to almost zero in the last 12 years.

Pakistan clearly does not have the resources that the US can muster. Pakistan does have a civilian intelligence network. Pakistani police has deep reach in the communities. Given some confidence and resources, they can deliver suspects before they turn into hardened criminals. Prime Minister Nawaz Sharif is right in lifting the ban from hiring in Intelligence Bureau. These are the intelligence units that need patronage from the state.

The agencies in Pakistan have many advantages. They already know the groups, where they live, operate, the masterminds behind the terrorists, and their local patrons.

With nearly all Pakistan now covered with radio, television network, it is not difficult to set up a visible terrorism awareness programme to increase citizen’s participation.

Provinces have a greater role in law and order maintenance. They cannot be left alone to deal with terrorism. The federal government has to step in and ensure that they are actively pursuing and have the resources to catch the terrorists before any possible act. The Punjab government cannot sit silent while the Punjab-based sectarian groups create mayhem in Balochistan and Sindh. Punjab should tighten the noose around the areas where terrorists congregate and recruit. Those areas should be blanketed with intelligence, police and armed paramilitary forces.

Similarly, Sindh and Balochistan governments should take an identical approach. KPK has major problems. The federal government will have to make sure that all known or unknown crossing points from Fata are monitored adequately. Satellite monitoring and quick response units should be established for KPK and Fata.

Finally, please do not throw ill-equipped police officers at the mercy of terrorists at roadblocks. Have some experts design the roadblocks in such way that no vehicle comes in direct contact with police officers until all its occupants have stepped out and are at a safe distance from the police officers.

 

Chronic ‘debt dependence’
Bailouts by donors will not serve the purpose unless
 the government puts its own house in order
By Huzaima Bukhari & Dr Ikramul Haq

All is set for the executive board of the International Monetary Fund (MF) to consider Pakistan’s request for a fresh bailout package on September 4, 2013 after Islamabad has purportedly “fulfilled all prior requirements” — the IMF has already circulated amongst members the Letter of Intent (LoI) it received from Islamabad. Reportedly, though the IMF has agreed to provide $6.6 billion under the Extended Fund Facility (EFF), Islamabad is insisting on $7.3 billion confirming its insatiable ‘debt addiction’.

Finance Minister Ishaq Dar, in a news conference on August 26, 2013, revealed that “in the first year, the IMF will give $2.2 billion while we have to pay back over $3 billion.” He conceded that Pakistan had no option but to borrow $12 billion “to retire its previous debts”. Dar said the “most vital precondition of the IMF for broadening of tax base was fulfilled as the Federal Board of Revenue (FBR) had already issued 15,000 notices to potential tax dodgers.”

The lingering and deepening economic crisis, especially bourgeoning fiscal deficit, has been eroding Pakistan’s capacity to repay huge external loans of over $60 billion with fast diminishing foreign reserves. The IMF, having enormous stakes in Pakistan before agreeing for fresh tranche, expressed anguish and dissatisfaction over the FBR’s performance — in particular what it calls fixing ‘ambitious targets’ and then missing the same with a wide margin every year. The dismal performance of the FBR — it collected only Rs1940 billion against the original target of Rs2381 billion for 2012-13 pushing the fiscal deficit to 8.8 per cent of GDP — worried the IMF about repayment of its outstanding debt of $6.4 billion. The fresh bailout is, thus, nothing but to thwart the obvious default.

The IMF’s compulsion to offer yet another EFF to Pakistan is inevitable as foreign exchange reserves are dwindling and agreed schedule for repayments of $7.6 billion till the end of 2014-15 by Pakistan is in jeopardy. Pakistan’s $11.3 billion Stand-by Arrangement (SBA) with the IMF expired on September 30, 2011 with last two tranches of $3.7 billion could not be paid following Islamabad’s failure to implement key reforms coupled with fudging of revenue figures.

Pakistan opted for $11.3 billion SBA in 2008 and got disbursements of about $7.6 billion, but failed to get the remaining $3.7 billion due to lapses in performance criteria, leading to suspension of the programme in May 2010, and final unsuccessful ending on September 30, 2011.

In the current fiscal year, the FBR is assigned a target of Rs2475 billion. Like previous years, the FBR is claiming to cross the target! Experts are doubtful in view of recession and weak enforcement capabilities of the FBR. The track record of the FBR shows that it has perpetually missed targets for the last five years. The performance of the FBR is puzzling for the IMF and other donors as in the past World Bank provided $100 million for five-year-long Tax Reforms Administration Program (TARP) and on conclusion tax-to-GDP ratio declined from 11 per cent to 8.2 per cent and tax gap increased from 75 per cent to 150 per cent.

Strangely, after wasting billons in the name of reforms, the FBR is showing helplessness to enforce tax laws. Every now and then the FBR’s big bosses claim “we possess data of all the rich persons who spend millions but have never filed tax declarations.” Why they do not take action against these tax cheats is best known to them. They admit in private that about 70 per cent of legislators are tax cheats.

Pakistani tax cheats have just to approach money exchange companies that fix fake remittances for a small premium and no question can be asked by tax authorities about the source — in the presence of such a facility, their claim is why we should pay tax at the rate of 25 per cent! Tax evasion has legal protection in Pakistan and legislators are to be blamed as well.

There are about 125 million mobile users in Pakistan, out of which at least one million, if not more, expend Rs60,000 or above per annum but never bother to file tax returns. If they are taxed on their real incomes, total tax from them would not be less than Rs5000 billion. The real tax potential of Pakistan is not less than Rs8 trillion — direct taxes of Rs5 trillion and indirect of Rs3 trillion — but the government is begging for money both externally and internally. Nobody questions the enormous tax benefits available to Riasti Ashrafiya (State Oligarchy) — ‘Public parasites’, The News, July 21, 2013.

No doubt that the FBR should improve its enforcement capacity to detect tax losses, but it suffers from “helplessness” caused by obnoxious provisions like section 111(4) of the Income Tax Ordinance, 2001. The corrupt legislators through such provisions protect themselves — their main assets are banami [in fake names]. With such laws and innumerable Statutory Regulatory Orders [SROs] they serve the interests of mighty segments of society.

Ordinary people ask why they should file tax returns when their president, prime minister, ministers, governors and elected representatives give damn to it. The outgoing president, since his election on September 6, 2008, never bothered to inform the nation from where he got $60 million (unfrozen in Switzerland), let alone pay any tax on this colossal amount. Before taking oath of president, he did not declare his assets and liabilities and evidence of payment of taxes wherever due. The same is true with present rulers and many other politicians. We have written time and again in these columns that the tax culture in Pakistan will never take roots unless tax and asset declarations of all the mighty segments of society — politicians, high-ranking military and civilian officials, judges and all public office holders — are made public [Taxation challenges, The News, June 9, 2013].

There should be a public campaign that absentee landlords, most of whom are members of parliaments and their siblings are members of militro-judicial-civil complex, should reveal how much agricultural income tax was paid by them and their near and dear ones. All the judges, high-ranking public servants, including serving and retired generals, should also be required under the law to make public how many plots they received during service, what are total assets owned by them and their family members and how much tax was paid annually.

Any person who is a tax delinquent or has been beneficiary of any loan write-off should be debarred from contesting elections. All kinds of exemptions and concessions provided under various tax codes should be withdrawn.

The tendency to squeeze more and more from the existing taxpayers and giving a free hand to non-filers has eroded the tax system to an extent where voluntary compliance and tax enforcement have lost their relevance. The present tax system imposes greater and undue burden on the poor and middle-class people (e.g. 17 per cent GST takes larger portion of low-income groups compared to high income groups). The rich and mighty are not paying agricultural income tax and income tax on their non-agricultural income. Most of them are landowners-cum-industrialists-cum-politicians and are engaged in massive tax evasion — case of cartelisation and tax evasion bonanza in sugar industry is a classic example.

Adding insult to injury, the tax collected from the citizens is wasted on unprecedented privileges and perquisites meant for elites — militro-judicial-civil complex, landed aristocracy, industrialist-turned politicians and unscrupulous businessmen.

We will not come out of present mess unless control of resources vests with people instead of elites. Institutions like the FBR serve the interest of mighty classes. They would continue to do so till the time people of Pakistan exert pressure on provincial governments to devolve fiscal and administrative powers at grass root level to local self-governments. Fiscal decentralisation and municipal self-governance can end dependence on federal government that is epitome of bad governance.

As regards reforming the FBR, as a first step the posting of chairman and members should be made through public hearings by a joint committee of Senate and National Assembly and not on the whims and dictates of the ruling political party headquarters. All kinds of loopholes in tax laws should be plugged by proper legislation. No executive authority should have powers to amend tax laws through infamous SROs.

Through public debates and democratic processes, the Parliament should pass rationale and workable laws after taking inputs from all the stakeholders and experts in the field. There should be zero tolerance in respect of enforcement of tax obligations across the board without any fear or favour. Tax collected should be spent for the welfare of the masses and not for the luxuries of state oligarchy.

The writers, tax advisers and author of many books, are Adjunct Faculty at Lahore University of Management Sciences (LUMS)

 

 

 

 

 

 

issue
Politics of flood
A large number of families in kacha areas use fishing boats to get ration as there is no land route. They need help to come out as water level may rise again
By Jan Khaskheli

Nobody knows the pain of discrimination more than Daya Ram, belonging to low-caste Kolhi community, who luckily received a shelter in donation near the embankment of Kalri Baghar Feeder, a canal feeding the Karachi city. His family was among hundreds of thousands of people displaced by the flood in 2010.

A 50-year-old father of seven, Ram works in agriculture fields on daily wages. “I cannot remember living in one place for more than five years,” he said, adding that it is common situation for the peasants, who always face hostility of landlords and relocate from one place to the other.

However, he still lives in the donated hut and feels safe for his family, which never imagined to have their own permanent shelter in a newly built village.

There might be a small number of people like Daya Ram who were displaced by the floods and got shelters for resettlement. Otherwise, hundreds of families, displaced by the flood, are still living an insecure life in Karachi, Hyderabad, Sukkur and other urban areas.

Flood emergency has been declared again in the entire River Indus catchment area (Kacha) for the fourth consecutive year. Rehabilitation of victims of previous year floods still remained a question even after the passage of three years. This lackluster attitude of the government authorities sends a depressing message to the humanitarian organisations of the world. According to an Irrigation Department report, the katcha area is spread over 1.5 million acres, where an estimated five million people live as the land is fertile and hub of livestock.

The intensity of recent rain and flood emergency 2013 can be gauged from the fact that during the recent by-elections held on August 22, 2013 neither candidates themselves nor the government officials could manage to bring voters to cast their votes at four polling stations in Shikarpur district. These polling stations, comprising several scattered villages, include Kutib Ali Darogho, Sobdar Khan Jatoi, Babar Bagani and Abdul Karim Kosh. More than 12,000 voters, living in the kacha area after displacement, could not cast votes.

“The 2010 flood had destroyed all the school buildings, health and water supply facilities in the entire kacha area, which have not been rehabilitated, so far. The reason is that the government and NGOs, both national and international, preferred to support the people living in accessible areas and discarded remote villages,” said Parial Mari, executive director Insaf Social Welfare Association (Iswa), which has been involved in relief and early recovery projects in Shikarpur district.

Azhar Tanwri, former coordinator to Sindh Relief Department, who led the relief work in the 2011 and then 2012 floods, says the entire worst affected kacha and flooded areas near the river remained deprived in terms of relief and early recovery.

“The Sindh government was reluctant to let the humanitarian organisations initiate rehabilitation projects in the kacha areas in 2011. The reason remained unascertained. It was nothing but politics of legislators to help their own people. Ministers and parliamentarians had their own set targets instead of helping the poor at this difficult time,” he said.

Azhar Tanwri accused legislators and ministers, who got funds but could not utilise the same to help the flood victims. Former advisor to Sindh chief minister on relief, Haleem Adil Shaikh, led the volunteers with relief goods and helped the people in several affected areas. Adil Shaikh has also launched Pakistan Relief Foundation (PRF) which is busy in relief and rescue work in Kashmore, Jamshoro and Hyderabad. “It was the government’s responsibility to help the people in this difficult time. The ministers claiming to have strengthened embankments should realise the vulnerability of dykes and the communities and take precautionary measures before fresh rain spells and floods hit again,” he said.

An official of UN agency, asking not to be named, told TNS that NGOs involvement with foreign donors started in 2011. “The plan was to engage the affected people by offering them cash for work to repair roads, streets and drain out stagnant water near their areas. Besides distribution of food supplements among the affected children, temporary learning centres were also set up to entertain children. At that time food insecurity was the major threat to these people,” he said.

A spokesman for the Sindh People’s Commission on Disaster Prevention and Management, a network of 35 humanitarian organisations which responded effectively to help the affected people in 2011 and 2012 emergencies, in a statement said, “during the last three years’ floods, the performance of the Irrigation Department has been continuously questioned, both because it was unable to maintain necessary structures to prevent destruction from floods and also because it never had any coherent policy to respond to the fast changing hydraulic environment of the province. Its failure to maintain dykes and embankments has caused much irreparable damage to the province in the form of repeated flooding.

Presently, the water level in the river stream is increasing, forcing people to leave for safer places with families and livestock. During a visit to several areas along the river embankments, it was observed that majority of the local people have shifted to safer places.

However, ministers and elected representatives are claiming to have been in the field, demanding to utlise funds to benefit their supporters, instead of those more vulnerable. Despite tall claims there was no relief camp in any of the affected area. A large number of families in kacha areas are surrounded by the flood water, using fishing boats to move out for getting ration. There is no land route. They need help to come out as water level may increase further following the forecasts of heavy rains next month. But since there is political nepotism, these people living in inundated villages may pay more price of government’s indifference.

 

 

 

 

Fighting to lose
With Egypt’s foreign reserves fast depleting and  foreign investment shrinking, people will soon feel the financial brunt of continuing unrest
By Dr Syed Hussain Shaheed Soherwordi

Egypt, a nation of 82 million people strategically situated at the crossroads of North Africa and the Middle East, is passing through an unprecedented series of revolutions for civil and democratic rights. Last time, the entire nation was fighting against Hosni Mubarak’s dictatorial regime. Now it is the Muslim Brotherhood, whose democratically elected government under the leadership of President Morsi was overthrown, and hence they are demonstrating for their civil and egalitarian rights.

The difference between the two revolutions is that the first one was not handled by the use of force. But the later was dealt with an iron hand — a blatant and blunt demonstration of shameful gun power. Muslim Brotherhood officials say adamantly that “they were willing to ‘die for their cause’ if that’s what it came down to.”

A peep into the Egyptian society shows that it’s a competition between minority and majority. Majority came into power on the basis of ballot. Muslim Brotherhood was a legitimate custodian of the country as per norms of democracy and rule of law. However, military rule does not care for any law or democratic norms. They rule country undemocratically in the name of democracy and play havoc with the rule in the name of law. The ‘us versus them’ narrative propagated by both sides is becoming entrenched and what little middle ground left is further eroding.

For Egypt, the situation has gone out of Arab nationalism and Arab Spring. Almost the entire world has condemned the carnage in Egypt. US President Obama also came out with blunt statement condemning Cairo killings and cancelling the US-Egypt joint military exercises which were scheduled next month in Egypt.

The Brotherhood has been painted as an internal security threat with global tentacles. At this stage, President Obama was very right in clearing the doubts by saying: “We don’t take sides with any particular party or political figure.”

It is very easy to give a colouration of foreign hand in debilitating domestic problems of a third world country. Same is the case with Egypt. The disparagement of the Brotherhood as terrorists funded and supported by foreign countries has been an easy sell across much of the Egyptian society. One cannot ignore the judiciary factor which worked hand in hand with the military regime in starting the bloody crackdown. It has had nothing short of an antagonistic relationship with the Morsi regime which took over numerous judicial powers from them to strengthen presidency.

The Muslim Brotherhood blames the Christians’ financial ties to the West which are alleged to be behind the demise of the Morsi regime. Thus Christian churches, homes, and businesses have also been burned in retaliation. Making up only 10 per cent of Egypt’s 86 million people, Christians are easy targets for majority of the Brotherhood supporters.

Denmark suspended economic aid to Egypt. The United States — which provides about $1.6 billion in annual aid to Egypt — is continuing to review such programmes ‘in all forms’, State Department spokeswoman Jen Psaki said. If Muslim Brotherhood sit-ins continue, it will also be an international embarrassment that will keep away tourists; much needed foreign capital and investment. Thus state will be economically affected and ultimately people will bear the brunt.

The foreign direct investment is now down to zero. Egypt’s foreign reserves are fast depleting. There was a strong and energetic tourism industry, which employed 2 million people. All of them are sitting idle with tourists continuing to shun their visits to the country — that is $1 billion of lost revenue every month. If Egypt’s economy remains in deep troubles, the boss of IMF will soon reach Cairo to fix their economy. He would ask for economic reforms, devaluation of currency, more taxes, reduced public subsidies and privatisation of industries. Thus Egyptians will have to take the devil’s kiss for their beleaguered survival.

Egypt has turned into an extremely polarized society. Contempt and hate between the security forces and the Brotherhood will lead to further clashes without any heed to their economic and political losses. This would mean more killings, more curfews, more emergency and as a result more damage to the country as a whole. It will be a lose-lose game. Only Egyptians will have to decide as the ultimate winners or sufferers will be themselves and none else.

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

 

 

 

 

 

Radicalisation sans borders
In its current form, radicalisation is no more a localised issue of tribal areas of Pakistan, Somalia and Yemen. The US and Europe are now facing a serious internal challenge of containing extremism in their own cities
By Naseer Memon

If anything that has gripped the whole world with alarming intensity, it is nothing but a rapid rise of radicalisation. It is no more confined to Islamic countries of Asia, Africa and Middle East. The so-called free world is emerging as a hotbed of radicalisation.

The post-9/11 war against terrorism has in fact provided it a new impetus and the world has witnessed a far more violent form of radicalisation in the recent years. It would be unrealistic to trace the genesis of this phenomenon in a single incident. In fact, an assortment of complex historical and socio-political factors has shaped and nurtured the current wave.

In its current form, radicalisation is no more a localised issue of tribal areas of Pakistan, Somalia and Yemen. Although these areas are believed to be epicenters of Islamic radicalisation, Europe and the US cannot be fully absolved of their role, specially in the context of Pakistan that was chosen as a surrogate battlefield for their wars in Afghanistan.

The US and its allies even circumvented their much avowed affection for democracy and human rights by underpinning unconstitutional military regimes in Pakistan during 80s and 2000. Their myopic and strayed foreign policy has actually done a disservice and culminated in a global whirlpool of extremism. The US and Europe are now facing a serious internal challenge of containing extremism in their own countries. Thickly populated Muslim cities and neighborhoods in these countries engendered various forms of extremism that occasionally erupt into violent incidents.

Dream city of London can be a pertinent example to cite. Visiting the salubrious city as a tourist is a feast but peeping into lives of Pakistani community dampens the verve of recreation. Pakistani immigrants’ neighbourhoods paint a grim picture, where one finds all reasons of consternation. Retrogressive social milieu prevails even after decades when first generation of Pakistanis arrived here. During those heydays, Pakistani community earned respect for their hard work and amity.

Pakistani students were known for their stellar performance. Gone are those old good days and almost everything has degenerated. Pakistanis are now besmirched and stigmatised with social and political ills. Youth delinquency has surged, religious extremism has skyrocketed, women fenced in four walls, education attainment on rock bottom and social integration is unraveling at alarming pace. Seminaries are multiplying and formal schooling is being eclipsed by substandard teachings. A generation is growing in social seclusion of Pakistani and Muslim enclaves where identity crisis looms with all perils. Equally appalling is the situation in other cities like Bradford, Manchester etc.

France has the highest Muslim population among European countries, where some six million Muslims are living, mostly with North African origin. Social indicators of French Muslim are believed to be a major cause of disgruntlement. From education to employment, Muslims are disadvantaged. As a consequence, Muslim identity is proliferating with an alarming vengeance.

The post-9/11 developments have globally demarcated new borders between Muslims and the rest. Uncanny strategic shift of super powers between 1979 and 2001 wars triggered ideological tremors. The jihad espoused by the US and West coddled during the cold war era and patronised more vehemently in 80s refused to wilt with the demise of socialist Soviet Union.

As Allies failed to produce one right out of two wrongs, extremism found new legitimacy among the faithful in the wake of post-9/11 wars in Iraq and Afghanistan. Even second and third generation of European and American Muslims obviously could not remain insulated from the tide. Gradually a piqued Muslim identity started obscuring other domains of social fabric in these countries. Organic process of assimilation rapidly reversed over the years and now vanishing with the speed of light.

A survey of British Muslims conducted in October 2006 found that 82 per cent of respondents believed that the British Muslims have become more politically radicalised and 81 per cent believe the war on terror is really a war on Islam. Several other surveys confirm a similar trend among British Muslims. An abominable carnage of 7/7 that claimed more than 50 lives sent shockwaves throughout the Europe that did not fully recover from the nightmare of 9/11. The gruesome incident proved that security shields alone can’t clamp religiosity and the Britain is infested with radicals whose machinations could outsmart its fastidious systems.

Radicalisation among Muslim youth is not confined to Britain only; it has straddled across other European countries. According to a recent report of the International Herald Tribune, a large number of young Muslims with Western passport are sneaking into Syria to reinforce rebel crusaders who have waged a war against the government of Bashar al Assad. Some European and American Intelligence officials claim that more Westerners are fighting in Syria than have fought in Afghanistan, Iraq and Yemen. Various sources estimate that the number of fighters from Europe, North America and Australia fighting in Syria is more than 600. French Interior Minister Manuel Valls termed it a “ticking bomb”.

The phenomenon of radicalisation in Europe is not so simple and does not have single complexion or a linear trajectory. A research report “Radicalisation of Muslim Immigrants in Europe and Russia: Beyond Terrorism” (PONARS Eurasia Policy Memo No. 29) challenges the notion that radicalisation is merely an outcome of social disintegration among various ethnic communities in Europe. In fact it implicitly berates the approach and quotes examples where well-integrated second and third generation citizens were found involved in terrorist acts.

The report postulates that the issue is intertwined with global political panorama. The report reads “while some of their own socio-cultural experiences may prepare them to advance what they believe is the cause of fellow Muslims suffering around the world, violent Islamists frame their actions in a quasi-religious, politicised, and almost “neo-anti-imperialist” discourse of global confrontation with the West, shaped and visualised, above all, by what they see happening daily in places such as Iraq and Afghanistan.”

These factors are creating a new gulf among Muslims and other communities, which leads towards a precarious disintegration and friction. A radical Muslim identity is snowballing with every passing day and Nato’s exit from Afghanistan in 2014 would inculcate a sense of triumph and bestow it with a new pinnacle.

Islamic extremism is also breading a reciprocating anti-Muslim extremism. According to surveys, perceptions about Muslims among non-Muslims have grown. In 2008, 52 per cent in Spain 50 per cent in Germany, 38 per cent in France and 23 per cent in the UK felt negative about Muslims, considering them a threat to Western civilization.

Vagaries of the US and European foreign policy have resulted in this unmanageable global chaos. For decades, religiosity was eulogized as a bulwark against communism. Muslim countries were made a dumping ground of religious obscurantist elements, without realising that it will not remain in endless hibernation. It resurrected with ferocity of inconceivable proportions and now refuses to recoil.

In a globalized world, it is impossible to preclude tenacity of such congenital sentiments. In fact post-cold war follies of the West have revived the Pan Islamist fervour with a profound gusto. Religious radicalisation seems to have dwarfed all barriers and poses far reaching ramifications for posterity.

The author is an analyst and civil society activist: nmemon2004@yahoo.com

 

 

 

 

 

 

 

 

 

 

 

history
The creation of Swat State
This obsession with a straight-jacket definition of a ‘Pakistani’ and ‘Pakistani nation’ has mired us in a complex web of, simply put, catastrophes, but we are still oblivious to its fatal effects
By Yaqoob Khan Bangash

The more I study Pakistan the more fascinated I get by the diversity and complexity of its regions, peoples and cultures. Unfortunately, for most of Pakistan’s history the focus of the central government has been to ignore and suppress regional identities, rather than make them an integral part of the national identity.

Therefore, we had the failed experiment of the One Unit system which tried to wipe away any distinctions between the different provinces of Pakistan; we still try to impose Urdu as the ‘national’ language and practically ostracise regional languages; and, most dangerous of all, we still attempt to impose one version of Islam on the whole country.

This obsession with a straight-jacket definition of a ‘Pakistani’ and ‘Pakistani nation’ has mired us in a complex web of, simply put, catastrophes, but we are still oblivious to its fatal effects. I shall spare the reader the obvious comparison with India, and its comparatively successful experiment with diversity and multiple expressions of nationhood and ‘Indian-ness,’ to focus on the creation of one erstwhile princely state in Pakistan — Swat.

Today Swat is simply a district in our northern province, and only became newsworthy recently due to the Taliban takeover there a few years ago, but till March 1969 it was a princely state and internally autonomous. It was a fascinating state since not only was it the last state to be formed and recognised in the British Indian Empire, it was a peculiar example of state formation in this region. What follows below, therefore, gives us an insight into the complex state and social structure inherited by Pakistan, and should, I hope help us to appreciate the diversity of our country.

Swat State was a creation of the lack of centralised control in the aftermath of the fall of the Afghan and Sikh empires. The history of the Swat is inextricably linked to its neighbouring states of Dir, Chitral and Amb, and the adjoining tribal area, but its foundation was very distinct from the other states. Whereas in the other Frontier states, chiefs of locally powerful tribes rose to such prominence that they became the rulers of the state, in Swat, the rulers did not consolidate the state on the basis of tribal leadership alone.

At the time of the British occupation of Peshawar in 1849, the Swat valley was mainly inhabited by Yusufzai Pathans who were enjoying virtual independence after the demise of the Durrani Empire. The Sikhs had not ventured into the area and so the administration of the area was on primitive tribal lines. When the British sent an expedition to pacify certain border tribes in the Swat valley, the Swatis responded by creating a joint front of tribes against the British attack. The tribal jirga also ‘elected’ Syed Akbar Shah as ‘King of Swat’ in 1849, creating, for the first time, some form of unitary government and authority in the valley.

Syed Akbar Shah immediately set upon organising a revenue and administrative system in the state and created a standing army. However, soon it was clear that these unifying measures were unacceptable to the local population and resentment grew against the ruler. As stated by Abdul Wadud, the later ruler of Swat, ‘the people, who were accustomed to self-willed, independent ways and disorganised life for quite a long time, found it difficult to submit to the checks and restrictions imposed by the new government.’ In 1857, therefore, this unwillingness to be ruled brought about the effective end of the first ‘State of Swat.’

The real power broker in the Swat valley, however, was not the elected king, but the ‘Akhund’ [a type of a religious leader] of Swat, affectionately called Saidu Baba. It was due to the influence of the Akhund that Akbar Shah was elected in 1849 and it was again through his influence in 1857 that Akbar Shah’s son was expelled from Swat and the state collapsed. The later rulers of Swat were then descendants of the Akhund.

The Akhund ‘whose real name was Abdul Ghafur, was born in 1784 of Safi Mohammad parents, probably in Upper Swat. He emigrated at an early age to the Yusufzai tract of British India, where he acquired great reputation for sanctity with the title of Akhund.’ As attested to in government documents, the Akhund was the leading man in Swat throughout his life ‘a position he owed rather to his great spiritual reputation than to any attempt to exercise temporal authority.’

After the death of the Akhund in 1877 the valley relapsed into factional fighting with a section led by his eldest son, Abdul Hanan, called the Miangul. Swat also got embroiled in the power struggles in Dir and Chitral. The end of the Chitral Expedition of 1895 and the restoration of Sharif Khan as the Chief of Dir did not end factional fighting and now the grandsons of the Akhund began jockeying for power in the valley. Meanwhile, in 1915, the tribes of Upper Swat elected Sayed Abdul Jabbar Shah as their ‘king’ mainly to fight against the Nawab of Dir. Abdul Jabbar Shah did manage to oust the Nawab of Dir from most of Swat in 1915, but could not defend the territory in a counter attack in 1916. Chaotic anarchy then ensued resulting in a jirga being called in September 1917 in Upper Swat, which decided to oust Abdul Jabbar Shah as king and appointed Miangul Abdul Wadud, one of the grandsons of the Akhund, as king.

Miangul Abdul Wadud spent the next three years consolidating the state, part of which was still under the control of the Nawab of Dir. He inflicted a crushing defeat on the Nawab of Dir in August 1919 in the Adinzai Valley, but the British political authorities prevailed upon him to abandon the Adinzai valley in favour of Dir through a tripartite agreement in 1922. Thereafter, Miangul Abdul Wadud focused on Buner and Chakesar and successfully annexed that territory from the Nawab of Amb in 1923.

Despite being in control of most of the Swat area by 1923, the GoI still had not recognised Miangul Abdul Wadud as a ruler, and Swat formally as a princely state. This was only sanctioned in March 1926, and in May 1926 the Chief Commissioner of the NWFP visited Swat and held a public Durbar at which the Miangul was proclaimed the Wali of Swat with an annual allowance of Rs10,000 from the Government of India. It is significant that even though Miangul Abdul Wadud was elected ‘king’ and locally known as ‘Bacha’ or ‘Badshah,’ the GoI only granted him the title of ‘Wali,’ which meant a religious ruler. This was obviously with reference to his descent from the Akhund of Swat.

Miangul Abdul Wadud wanted to retain the title of ‘Badshah’ or ‘Bacha’ but this was flatly denied by the political authorities on the basis that no ruler in India was  a ‘king,’ and that only the King-Emperor in Britain had the right to be styled in such a manner. Miangul Abdul Wadud again petitioned the government for the title of ‘Bacha’ in December 1927, but the request was again declined.

Swat was a very peculiar state in terms of its origin and rulers. It was the only state in the Indian subcontinent which had thrice elected its own ‘king,’ and deposed two of them on account of unsatisfactory rule. While the use of the title ‘king’ was also certainly distinctive in India, as no ruler after the Mughals [bar the Oudh Nawabs very late in their rule] had employed that title, it is clear that the tribal jirga which elected these kings was not conferring full sovereignty on the thus chosen king.

The ‘king’ was to exercise power subject to the jirga, which was seen as the highest sovereign and judicial body. The title of ‘Wali’ which signified a religious connection was also singular in its application as even in Hindu principalities, where the religious and secular role of the prince was often inextricably linked, such a title or a similar one, was never used. In practice, however, none of the Wali’s of Swat indulged in religious affairs.

Despite the late recognition of the state, anthropologist Barth, who worked extensively in Swat, emphasises that “It is a notable fact that the state was an indigenous, not a colonial creation; it reasserted previously unsuccessful efforts of centralisation during the nineteenth century and seems to have arisen without external support and subsequently to have relied only marginally on colonial and post-colonial national establishments.”

The small state of Swat survived the Transfer of Power in India in 1947 and acceded to Pakistan in late 1947. Since its ruler, Miangul Abdul Wadud, and later his son, Miangul Jehanzeb, were very loyal towards Pakistan, the central government allowed them a large measure of autonomy. As a result, Swat became a model of development in the then-North West Frontier area.

For example, in education the central government’s Inspector of Schools had noted in 1957: “I am glad to remark that the educational progress of the State in all its activities under the able guidance and sympathetic patronage of its talented Wali is really appreciable…” As a result the literacy rate of the state increased from below 2 per cent in 1951 to nearly 12 per cent in 1961. However, soon the life of the state was cut short and it was merged in the erstwhile NWFP during the martial law regime of General Yahya Khan (for more details on the Swat State see my forthcoming book on the princely states, and that of Sultan-e-Rome on Swat).

Therefore, yet again, a ‘different’ state formation, a ‘different’ way of doing things came to an end in Pakistan, despite the fact that in terms of welfare provision (not democracy though) the state was well ahead of its peers at that time.

When will our obsession with uniformity end, I wonder....

The writer is the Chairperson of the Department of History, Forman Christian College, and tweets at @BangashYK. He can be contacted at: yaqoob.bangash@gmail.com.

 

 

Prisoners of artificial boundaries
The poor fishermen are left languishing in jail without any reason or ground of detention, and without jurisdiction or lawful authority. The state thus treats them like prisoners of war and political pawns, deprived of any right to a fair trial  
By Shaffaf Shahid

The escalating arrests of fishermen inadvertently crossing the Pakistan-India maritime border, and their prolonged and unlawful detentions have compelled civil society organisations to step in to counteract the egregious lapses on the government’s part in securing the safety and liberty of its citizens.

On July 23, Indian border security forces arrested Pakistani fisherman Gul Bahar in the Sir Creek area, in response to which the Pakistani Acting Deputy High Commissioner in New Delhi served a démarche.

Although the respective Foreign Ministries’ have issued timely joint statements agreeing on recommendations for the release and deportation of detained fishermen, state agents have, otherwise, remained resolutely silent on the issue.

While the media may rejoice over the release of any detained fishermen, such sporadic releases are usually meant to be expressions of good-will, or they merely mark the ‘successful end’ of the most recent round of political talks between India and Pakistan — not unlike the release of a few celebratory fireworks — and they need to be guaranteed and not left to the political/diplomatic whims of the few.

Nevertheless, such discrete acts reveal the inherently paradoxical nature of the nation-state as on the one hand it promises to protect the life and liberty of its citizens, and on the other it validates the use of violence in state surveillance to protect its ‘sovereignty’. There are two interesting aspects to this; first is the absurdity of the artificial creation of physical boundaries specific to and constitutive of modernity, and second is the act of privatisation of seas and oceans by creating these boundaries, which necessitates the use of force by the state to protect its ‘sovereignty’ and to reinforce itself, leading to the subsequent militarisation of these seas and oceans.

The marginalisation of traditional fishermen is then inherent in the very imagination and conception of the nation-state and the concomitant reconstruction of space, as the inadvertence on the part of the fishermen is translated into a deliberate attack against the myth that is the nation-state.

Multiple factors can be attributed to the straying of fishermen into foreign waters, including lack of navigational tools and depleted resources forcing them to tread out into deeper waters for a better catch. Another reason is the dispute over the maritime border at Sir Creek at the Rann of Kutch, which flows out into the Arabian Sea. Pakistan claims possession of the entire creek through the Bombay Government Resolution of 1914, while India insists on a mid-channel border on the basis of the Thalweg Doctrine in international law. 

However, while the dispute might be a reason for the accidental straying of fishermen, there is another cause underlying their arrests and detention, which began in the 1980s: that reason is the creation of the Exclusive Economic Zone (EEZ) by the United Nations Convention on the Law of the Sea, which, ironically, provides against the arrest or detention of such fishermen.

Pakistan signed the United Nations Convention on the Law of the Sea (UNCLOS) on December 10, 1982, and ratified it in 1997, in order to establish a legal order for the seas and oceans, as recognised by its preamble. The Exclusive Economic Zone (EEZ) prescribed by UNCLOS hammered the final nail as it created a 200 mile zone over which the state exercises special rights of exploration of marine resources, stretching out from the coastal baseline beyond the customary territorial waters.

With the disputed area at Sir Creek transformed into a zone of exclusive economic rights, the Pakistani state associates any breach of the border as a threat to its sovereignty. The Atlantique incident of August 1999 is another example of the militarisation of the space, when a Pakistani naval aircraft was shot down over Sir Creek by the Indian Air Force, allegedly for violating its airspace.

Henceforth, straying Indian fishermen became a national threat. On the other hand, Pakistani fishermen straying out of territorial waters have been deemed disposable, for as Polish sociologist Zygmunt Bauman argued, modernity is constituted by the boundaries erected between the normative and the disposable.

This narrative verbosely plays out in our laws — or at least in their interpretation. Indian fishermen, including juveniles, are arrested by the Pakistan Maritime Security Agency (PMSA) and prosecuted and convicted under the Foreigners Act, 1946, and orders for their detention are made “in the interest of the security of Pakistan”. Although the statute also provides that such detentions shall not exceed two months, renewals are sought after every three months, and the poor fishermen are left languishing in jail without any reason or ground of detention, and without jurisdiction or lawful authority. The state thus treats them like prisoners of war and political pawns, deprived of any right to a fair trial and to be released only in exchange for the release of Pakistani fishermen detained in India.

It is interesting to note that following the latest meeting in May 2013 of the Indo-Pak Joint Judicial Committee, a committee constituted in 2007 to expedite the release of detained fishermen, some news articles reinforcing the state narrative were published. The articles termed the efforts of civil society organisations as misguided and claimed that Indian fishermen were poachers causing huge losses to Pakistan’s fishery resources. One wonders why our fishermen would live in such abysmal poverty or be compelled to tread out into deeper waters to fetch a decent livelihood when our waters are teeming with resources attracting these exploitative and scheming Indian fishermen.

Regardless, how can a misinterpretation of the law and the degradation of imprisonment be justified and seen to be proportionate when the PMSA can simply direct them back to Indian waters? As per a report in the Indian daily The Hindu, the recently arrested Pakistani fisherman Gul Bahar was heavily manacled by Indian forces on his arrest “in the manner of a dreaded outlaw”, despite the Supreme Court forbidding manacling except in some “rare and extreme cases” — cases of rogue fishermen, one assumes.

As far as relief is concerned, the executive has been erratic at best and motivated by political interests. One of the statutory functions of the Pakistan Maritime Security Agency (PMSA) is the protection of fishing vessels and crew against any threat. The PMSA needs to devise a mechanism whereby Pakistani fishermen are prevented from straying out into disputed waters or are guided back to safer waters. Moreover, it needs to engage with the Indian Coast Guard to draft a ‘release at sea’ policy for the prompt release of fishermen accidentally entering disputed waters.

The Foreign Office must also work to obtain information of missing/arrested Pakistani fishermen and make all efforts to engage with the Indian authorities for their release and deportation. It also ought to abide by its part of the Consular Access Agreement of 2008 and enforce the recommendations of the Indo-Pak Joint Judicial Committee, which are within its power to do so, regarding detained Indian fishermen. The judiciary has played a somewhat more active role and has directed the government to release Indian fishermen on several occasions.

 The straying of fishermen is an issue that needs to be depoliticised, and straying fishermen need to be protected and not continually treated as Bauman’s ‘waste products of globalisation’.

The political nature of such detentions is also evident from the fact that we don’t have any bilateral agreement with India under the Transfer of Offenders Ordinance, 2002, although similar ones have been signed with Thailand, Sri Lanka, and the United Kingdom. The State also needs to be careful when bandying the term ‘sovereignty’ about — while the killing of innocent civilians by drone strikes does not deserve a response, apart from formal condemnations, the straying of poor Indian fishermen into Pakistani waters is a national threat and demands instant retribution — in either case, it is the poor citizens that lose out.

 

 

 

 

 

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