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case issue Perils
of tax breaks market The
heat is on identity Political
battle in Fata
Time for complete justice If Dr Tahirul Qadri is controversial for his loyalty as a dual national, then Mansoor Ijaz as a US citizen must not be given a high place in the ‘Memo case’ By Raza Rumi Dr Tahirul Qadri,
who has kept Pakistani pundits busy for the past three months, faced a
major blow when a three-member SC bench dismissed his petition (which
stated that the Chief Election Commissioner and four members of the ECP
were not appointed in accordance with the Articles 213, 218of the
Pakistani Constitution). The court decreed that
it failed to point out any violations of fundamental rights in either the
petition itself, or the arguments by the petitioner. Therefore, as per 184
(3) of the Constitution, none of Qadri’s fundamental rights were
infringed upon. Throughout the hearing of this case certain faultlines
were traversed by both the parties. The court reminded Qadri that he was a
dual national and his loyalties were split. Qadri in his retort reminded
the Chief Justice of his past allegiance to Gen Musharraf during the days
before March 2007 when Musharraf was resisted by the judges. The Supreme Court
observed that dual nationals were allowed to vote in Pakistani elections.
But the court added that because of his dual nationality, Dr Qadri could
not contest elections under Article 63(1) of the Constitution. Qadri’s
dual nationality was, however, constantly brought under question during
the proceedings.
In another case which
made headlines during 2011 and 2012, the court gave extraordinary
attention to US citizen Mansoor Ijaz’s testimony and also entertained a
petition filed by a Canadian citizen on the alleged violation of
Pakistan’s national security by the civilian government through it
Ambassador to the United States, Husain Haqqani. A commission was formed
to investigate the charges in the so-called memogate. The findings of the
Memo Commission sadly relied mostly on the testimony of Mansoor Ijaz, who
was exempted from appearing personally and could not be considered a
reliable and honest witness. The formation of a commission instead of
registering a police case led to the exemption of Mansoor Ijaz’s
presence before the court. It should be noted that the judicial commission
allowed Mansoor Ijaz’s testimony to be delivered via video conferencing,
but denied Haqqani the same facility. Recently, the Court has
asked Haqqani to appear before the bench. The earlier findings of the
commission and the irresponsible opinion generation in the media have
already portrayed Haqqani as a ‘traitor’ in many minds. Sadly, in
Pakistan there is little or no check against libel and anyone can be
declared as an infidel or a traitor. After Taseer’s fate,
who was also termed a blasphemer by irresponsible sections of media, why
would Haqqani feel secure in returning to Pakistan. In his recent letter,
he has questioned whether any of the myriad threats made against him have
been investigated? He claims even the US authorities have had to
investigate some of the threats. For good reasons, Haqqani has also
mentioned that that the security arrangements for political leaders such
as Bashir Bilour, Taseer and Shahbaz Bhatti were most inadequate even
though they were in positions of authority. The writ of Pakistani state is
weak and everyone knows that. Pakistan is a polity
where private militias have become stronger than the state apparatus.
Jihadists, hyper-nationalists or indoctrinated personnel find it easy to
kill whom they think violates any religious or patriotic ‘norm’
especially when media trials and verdicts have all declared Haqqani to be
complicit in the alleged memo against the ‘national interest’ i.e. an
alleged coup attempt imagined by the memo writer. How can we forget that
political leaders such as Imran Khan and Sheikh Rasheed have already
stated on live television that Haqqani is a traitor. Often the TV anchors
have not challenged these narratives and instead let the hype continue for
higher ratings. In fact, media persons need to realise how their reporting
or presentation of events can incite violence. Haqqani has also pointed
out that his observations on the findings of the commission remain
unaddressed and perhaps the judicial commission or the court itself should
take them up. Given that Haqqani’s
security concerns have merit in them, it would be wise to allow him to
appear via videolink given the advances of the technology. More
importantly, what is left in the case. Haqqani is no longer the
ambassador. The PPP government has almost completed its tenure and the
people are going to vote a new government. Above all, the example of Swiss
case is clear to all and sundry. A long, drawn out
proceeding by the Pakistani state — prosecutors, judges and the media
— did not lead to any relevant or conclusive decision. The Swiss
authorities have reiterated what so many of us were saying from the very
start. The President of Pakistan under the Constitution enjoys immunity
against criminal proceedings. Respecting the international conventions in
this regard, the Swiss authorities have only restated the obvious. The question is why the
writing of the letter to the Swiss authorities became such a huge legal
issue. In fact, it remained a source of political instability, did not
allow the elected government to focus on policymaking and governance and
even gobbled up a prime minister. Haqqani’s case whether
we like it has huge political overtones. The Opposition leader was the
petitioner, the military establishment and former ISI chief were parties
and at the end of the day the memo was unsigned and ‘filed’ by Gen
Mullen. Something that may be considered by the honourable Supreme Court
as well. Sections of media who
are baying for the blood of Haqqani might rethink their focus as well. He
is of little significance to the current Pakistani political landscape.
Neither can Haqqani be used as a political lever against the PPP
government nor is he a threat to media or judiciary. Perhaps Mr
Haqqani’s estranged friends in Islamabad and Rawalpindi are way too
annoyed. Who knows? But given the challenges
that Pakistani state and society face, this issue should not even appear
on the priority list. Charging Haqqani with contempt of court and/or
treason will be counterproductive as well. What will be achieved through
an extradition? The country has learnt its bitter lessons. If Dr Qadri, a major
religious scholar and the face of Pakistan’s moderate Islam, is
controversial for his loyalty as a dual national then Mansoor Ijaz as a US
citizen or the Canadian gentlemen concerned about Pakistan’s national
security must not be given a high place on the nationalistic pedestals. It
is time for ‘complete justice’ as the Constitution promises to the
citizens of Pakistan. The writer is Director
at Jinnah Institute, Islamabad. The views expressed are his own. His
writings are archived at www.razarumi.com
issue Britain’s
Department for International Development (DfID) on February 1, 2013
published, for the first time, plans to tackle the threat of “endemic
corruption” in 29 priority countries, including Pakistan. The
anti-corruption plans follow recommendations from the Independent
Commission of Aid Impact, a watch-dog for DfID, to produce an explicit
anti-corruption strategy for its main partner countries. The plan for Pakistan,
which is due to receive 971 British Pounds between the years 2013–2015,
will involve support for Pakistan’s Public Accounts Committee and its
Election Commission. Earlier, Transparency
International Pakistan (TIP) ranked Pakistan at 139 out of 176 countries
in its Corruption Perception Index (CPI). TIP Chairman, Advocate Sohail
Muzaffar, in a media briefing on December 5, 2012, said that Pakistan was
perceived to be the 33rd most corrupt country amongst 176 states. TIP
expressed concern over the growing corruption in the country, and said
that the corruption of Rs12600 billion was reported in different sectors
of Pakistan during the last five years. TIP quoted NAB as having disclosed
that the country lost seven billion rupees every day as a result of
misappropriation. How much the corrupt
have stashed in foreign banks is any body’s guess? However, one can form
a fair idea from the amount kept by these persons in the banks of just one
country — Switzerland. The amount is so huge that it prompted a Swiss
banker, recently retired, to say: “Pakistan is a poor country but
Pakistanis are not” because they have “28 trillion
(28,000,000,000,000) of Pakistan rupees deposited in Swiss Banks.” Recently, Sir Malcolm
Bruce, Chairman of the Britain’s parliamentary committee on
international development also observed: “They (Pakistanis) have
billions of pounds in bank accounts, and yet they are looking for money
from the IMF.” One of the members of the development committee, Flora
O’Donnell recalled his visit to Pakistan and said that there he heard
people saying: “I do not pay my taxes because the government is so
corrupt that it does not do any good, so I would rather engage in private
philanthropy.” If our rulers bring back
the money stashed in accounts abroad and invest it in Pakistan, we can
have tax free budgets for almost 30 years. In addition, according to
analysts, we can generate 60 million jobs; we can build four lane roads
from any village to Islamabad; we can ensure forever free supply to more
than 500 social projects; we can provide Rs20,000 per month as financial
assistance to deserving citizens for 60 years; we can end our dependence
on the World Bank and IMF loans. If the entire money kept by Pakistanis
abroad could be invested in this country, imagine the state of development
and the antecedent rise in the socio-economic status of the citizens! Though the present
administration has innumerable scandals of graft and kickbacks on its
hands, we have not seen even a single resignation or head-rolling as yet
on this count despite judicial verdicts against many. Elsewhere, even top
politicians have to resign from their cabinet slots and face political
exile for obstructing justice, but not in Pakistan. Just take the case of
former Cabinet minister Chris Huhne, once one of the leading politicians
of Britain. Huhne tried to pin speeding penalty on his wife. In 2008,
prosecutors say, Huhne persuaded economist Vicky Pryce to say she had been
driving the car so that he could avoid a driving ban. Huhne repeatedly
denied wrongdoing, but he was forced to step down as a minister after
being charged. His career in a shambles, Huhne changed his plea from
innocent to guilty at London’s Southwark Crown Court on February 4,
2013. After emerging from the court, he told reporters that he was
resigning from his parliamentary seat as well. In democratic set-ups,
the law does not distinguish between the high and low or a top politician
and a common citizen. The law applies equally on one and all. Those found
guilty have to face the punishment irrespective of their positions in the
society. Even in India, Textile
Minister Dayanidhi Maran resigned on July 7, 2011 after being named in a
police court case report that suggested that he abused his power in the
2006 sale of second-generation (2G) mobile phone licences when he was the
telecom minister. Earlier, his successor at the telecom ministry, A. Raja,
resigned over the alleged fraudulent sale of new 2G telecom spectrum in
2008. Against this, in
Pakistan, with the exception of the Supreme Court, the attitude of the top
hierarchy to prosecute mega scams appears to be lukewarm. Sorry to
conclude, in a plutocracy like Pakistan, the mighty often try to obstruct
justice and still manage to retain their top public positions. Pakistan’s economic
planners admit that the country’s economy is riddled with rules and
regulations that may once have addressed a real economic or social issue,
but now too often they only serve to create arbitrary obstructions to
doing business. In its annual report for the year 2005, the NAB has
identified lengthy and cumbersome procedures in the executive system, lack
of transparency in government decision-making process, betrayal of public
trust, weakness in the country’s judicial system and flagrant abuse of
power by public office-holders, amongst major causes of corruption. The
NAB put the blame for the sorry state of affairs on the successive
governments. Corruption inhibits good
governance, undermines economic development, stunts growth, fuels poverty
and creates political instability. No nation can develop to its full
capacity or progress or realise its full potential if its social system is
plagued by corruption and inefficiency. Corruption not only causes a
severe drain on the national economy, it also acts as a major disincentive
to serious foreign investment. Due to corruption, once
a rising middle-income state, now figures amongst politically unstable
poor nations of the world. The situation is ripe for a man of destiny to
motivate Pakistanis to bring back their money to their motherland so that
this nation could march towards progress, prosperity and glory. The role of awakening is
usually played by statesmen like Quaid-e-Azam and writer-philosophers like
Allama Iqbal. Let us see who, following in the footsteps of Jinnah and
Allama Iqbal, takes out this nation of 182 million from the abyss and lead
it to prosperity and glory. If authorities are
serious about rectifying the situation, they need to make a beginning by
eliminating the culture of favouritism, nepotism, underhand deals, lack of
transparency, and cumbersome procedures. In addition, persons who have
bulk of their wealth abroad should not be allowed to contest elections
unless they bring back a major share of it to Pakistan. Until that is
done, Pakistan’s development and progress will continue to remain tardy
and the big fish caught with their fingers in the pie will continue to
walk away with their misdeeds. Alauddin Masood is a
freelance columnist based at Islamabad. E-mail: alauddinmasood@gmail.com
“By
withdrawing tax measures through Statutory Regulatory Orders (SROs), the
government is subverting the budget”—Dr Kaiser Bengali, a noted
economist and technical member, National Finance Commission from Sindh. Dr Kaiser Bengali, in an
interview with a newspaper, has said that “the giving of tax breaks by
the federal government in the middle of the year has started affecting the
revenue share of provinces, resulting in a significant reduction in
transfers during the first six months of the current fiscal year”.
According to Dr Bengali, whenever the Federal Board of Revenue (FBR) comes
under pressure to give a boost to the revenue collection, it starts
resorting to “the old tactic of burdening the lower and middle class
taxpayers”.
From July to December
2012, the federal government transferred Rs592 billion or 37.8% of the
annual commitments made under the 7th National Finance Commission (NFC)
Award to provinces whereas it should have been 45%. For the current fiscal
year, the federal government is expected to disburse Rs1.45 trillion to
the provinces as per their share in tax revenues — the provinces are
entitled to 57.5% of the total tax collection, but in the first six
months, Punjab received Rs278.6 billion or 39.3% of its share of Rs710.3
billion, Sindh received Rs154.1 billion or 41.2% of its share of Rs373.6
billion, Khyber-Pakhtunkhwa received Rs96.4 billion or 39.9% and
Balochistan was given just Rs63.2 billion or 47.4% of its annual share of
Rs133.3 billion. Dr Bengali has claimed
that lower revenue collection, as was the case last year, would jeopardise
the federal and provincial budgetary frameworks. “Owing to the FBR’s
inability to collect projected revenues, provincial budgets run into
deficits that contribute to further widening of the national budget
shortfall,” he added. Substantiating his claim, Dr Bengali said that
“besides the adverse implications of political appointments to top FBR
positions, the following tax breaks affected the collections: Withdrawal of the
biggest new revenue spinner — 1% withholding tax on manufacturing —
resulting in a revenue loss of Rs18 billion. Drastic cut of federal
excise duty on sugar to 0.5% aimed at benefiting the influential sugar
industry owners, causing a loss of Rs8 billion to the national exchequer. 50% cut of sales tax for
steel melters, causing revenue loss of nearly Rs4 billion. Dr Bengali demanded that
“all SROs affecting the revenue share of provinces should be approved by
the Council of Common Interests (CCI) — the constitutional body headed
by the prime minister with all chief ministers as its members.” The
demand of Dr Bengali is judicious. Total loss of revenue through Statutory
Regulatory Orders (SROs) issued during the last few years is estimated at
about Rs1200 billion — unprecedented concessions to the rich made the
state poorer and the masses indebted enormously. A very important
constitutional provision has escaped everybody’s attention. Article 162
of the Constitution debars even the National Assembly to grant tax
exemptions or concessions without prior approval of the president. The
power to issue SROs delegated to the federal government by the Parliament
is blatant violation of supreme law of the land. How can the Parliament
delegate a power which cannot be exercised by itself without the prior
sanction of the president? The principle of “no
taxation without representation”, embodied in Article 77 read with
Article 162 of the Constitution, is perpetually and flagrantly violated
— a lamentable act that remains unnoticed at all levels. The prime
culprits are members of parliaments who have been delegating their
legislative power of levying taxes to the federal government (through FBR).
Authority to issue SROs for extending any kind of exemption or concession
in respect of any tax is gross violation of Article 162 of the
Constitution which says: “162. Prior sanction
of President required to Bills affecting taxation in which Provinces are
interested: – No Bill or amendment which imposes or varies a tax or duty
the whole or part of the net proceeds whereof is assigned to any Province,
or which varies the meaning of the expression “agricultural income” as
defined for the purposes of the enactments relating to income-tax, or
which affects the principles on which under any of the foregoing
provisions of this Chapter, moneys are or may be distributable to
Provinces, shall be introduced or moved in the National Assembly except
with the previous sanction of the President.” The delegated power to
an executive authority to issue SROs is in utter violation of Article 162
as the parliament itself is not authorised to consider any Bill or
amendment that imposes or varies a tax or duty, the whole or part of the
net proceeds whereof is assigned to any province, unless the same is first
approved by the president. Exercise of delegated powers by the FBR to vary
a tax or duty through SRO is a blatant violation of Article 162 which has
never been challenged and even no suo moto action is taken by the apex
court that is to interpret and enforce the Constitution — this confirms
our intellectual bankruptcy in understanding and implementing the supreme
law of the land. Enforcement of Rule of
Law determines the failure or success of a society. In the context of tax
laws, it means that taxes are imposed through parliamentary process,
rather than through administrative discretions (SROs). Article 77 of
Constitution says that “no tax shall be levied for the purposes of the
Federation except by or under the authority of the Act of Parliament”.
Thus delegation of legislative power to the executive to vary a tax or
duty renders the entire tax system unconstitutional. The so-called wizards
sitting in the FBR have been playing havoc with tax laws by issuing
infamous SROs and administrative instructions — granting exemptions or
modifying the taxes imposed by the parliament or even levying taxes under
the garb of rule-making powers. Dr Bengali has rightly
highlighted the malady but has not suggested the right remedy i.e.
withdrawal of all provisions delegating powers to the executive to issue
SROs in view of Article 162 of the Constitution — taking these to CCI is
not the answer. Tax administrators should be given powers to enforce tax
laws and not to vary or modify them to negate the principles enshrined in
Article 77 and 162 of the Constitution. Tax laws should be
framed and enacted through a constitutional process and their proper
enforcement is to be ensured by tax administration. All segments of the
society should adhere to the rule that nobody is above law. In Pakistan,
tax laws are meant only to fleece the poor for the luxuries of the rich.
The privileged classes pay no taxes on their colossal incomes and wealth
but the poor are subjected to all kinds of oppressive taxes. Adding insult
to injury, they get nothing in return — even deprived of protection to
their lives and property, what to speak of basic facilities of health,
education, transport and housing. The writers, tax
lawyers, are members of visiting faculty of Lahore University of
Management Sciences (LUMS)
Trade or tirade? EU concessions for Pakistan come with strings attached. Either it implements over two dozen conventions or forgets everything By Shahzada Irfan Ahmed The Pakistani
government, with its economy under a perpetual stress, often calls for
“trade not aid” in its talks with global powers and major trading
blocs. The government’s focus in such deliberations is mainly on gaining
increased market access to different regions for Pakistani exports, but
the outcomes have not been quite encouraging. No doubt, the country
has suffered a lot due to terrorism and natural calamities that have hit
the country over the years without fail. It expects the global powers to
support the country on sustainable basis and, instead of releasing aid for
disbursement among affectees etc, help strengthen its economy. However, of late the
country has been successful in earning trade concessions from its largest
trading partner — the European Union (EU). In a welcome move, the latter
has granted duty free access to 75 items, which can be exported from
Pakistan, under is Autonomous Trade Preference scheme. The concessions
were granted on humanitarian grounds with the aim of helping a flood-hit
country recover economically and generate employment.
The scheme came into
force in the mid of November last year. In words of EU Ambassador to
Pakistan, Lars-Gunnar Wigemark: “These special trade concessions will
provide economic growth by generating employment. They will also help the
industries of Pakistan, especially the textile and clothing exporters, to
get increased market access.” The major players in
Pak-EU trade have also welcomed the concessions, but they believe this is
a short-term favour and the arrangement will end in December. They say it
took EU too long to finalise things, form consensus among member states
and fight resistance from countries such as India and Bangladesh. The
argument seems valid keeping in view that the EU had requested for this
waiver in October 2010. Had it been granted then, Pakistan would have had
good three years to benefit from it. Though Pakistan stands
to gain $700 million to $1 billion extra in EU-bound exports from these
concessions during the ongoing year, it should look beyond this, says
Anees-ul-Haq, spokesman All Pakistan Textile Manufacturers Association (APTMA).
His point is that the EU’s Generalised System of Preferences (GSP) Plus
Scheme, supposed to come into force from January 1, 2014, offers much more
than what the current package offers. The GSP plus status allows duty free
treatment to eligible countries and in case Pakistan wins it, it will be
able to export all products except agricultural products and seafood. This offer, however,
comes with strings attached and puts Pakistan in an extremely difficult
situation. The foremost condition here is that in order to qualify,
Pakistan should implement the 27 conventions on human rights, labour
rights, environment, governance etc it has signed over the years. The
contention on part of the policymakers is that without putting the house
in order, the benefits will go to the privileged few and the labour and
common man will have little or nothing to benefit from. So, what is the
situation on ground and what are the chances of improvement? Anum Saleem
Advocate, a lecturer at LUMS and an expert on World Trade Organisation (WTO),
states the list of conventions is very long and their implementation, so
far, is far from satisfactory. For example, he says the
EU wants implementation of Convention on the Prevention and Punishment of
the Crime of Genocide (1948), International Convention on the Elimination
of All Forms of Racial Discrimination (1965), Convention on the
Elimination of All Forms of Discrimination Against Women (1979),
Convention Against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment (1984), Convention on the Rights of the Child (1989),
Convention concerning the Abolition of Forced Labour (1957), Convention
concerning Freedom of Association and Protection of the Right to Organise,
No 87 (1948), Convention on International Trade in Endangered Species of
Wild Fauna and Flora (1973), Movements of Hazardous Wastes and Their
Disposal (1989), United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances (1988), United Nations’
Convention against Corruption 2004 and so on. Anum believes the offer
in fact provides the country an opportunity to improve its record and
implementation mechanism. But this would not be easy as Pakistan is in the
international press for all the wrong reasons and its critics and
competitors will always be on a hunt. “Who will believe labour rights
and safety are ensured in Pakistan, when news of workers dying due to fire
and building collapses are too common.” The potential critics in
the EU are Portugal, Greece and Spain, who are Pakistan’s competitors in
textile products, and in South Asia both India and Bangladesh. India had
even filed a complaint against Pakistan-specific concessions with WTO. It
reportedly withdrew the complaint once Pakistan assured it would grant
Most-Favoured Nation (MFN) to its eastern neighbour. Even tougher demands
from the EU are elimination of death penalty and grant of data exclusivity
to multinational pharmaceutical countries — meaning none other than they
will be able to benefit from the research they have done. While the onus lies on
the government to implement relevant laws, the industry also has to play
its role. The APTMA spokesman says Pakistani industrialists must focus on
increasing their product range. For example, the country can try to
capture the European market for synthetic textiles which is not its
strength. Similarly, there are many other products in the list which are
widely produced here. “Why not venture in this direction?” caption Labour laws still a far
cry. Clean clothes The pressure on
Pakistani businesses to improve working conditions for labour etc does not
only come from the EU’s policymakers. In fact, the general public,
pressure groups and civil society organisations in Europe are also out to
ensure whether the price advantage they enjoy via imports from developing
countries is justified or not. The Clean Clothes
Campaign (CCC) is one such European organisation which identifies
malpractices in the textile business and raises awareness among the
general public on contentious issues. It is the same organisation which
launched a campaign and pressurised the German i A CCC delegation visited
Pakistan recently and visited various factories, including the ill-fated
one in Baldia Town. TNS talked to the delegation head Symantha Maher
during its visit to Lahore. During the talk, she
claimed they are especially watchful of companies selling dirt-cheap
products in Europe. This vigilance is due to a widespread perception that
in order to cut on prices, such companies compromise on health and safety
of workers and give free hand to production units in developing countries.
It was not easy for the
group to convince KIK to pay the compensation. It took them long to make
the company agree it had failed to get the factory inspected properly. A
startling revelation made by Symantha was that an international company
SAI had hired an Italian company RINA to inspect the above-mentioned
company. RINA had expressed satisfaction over the labour safety measures,
hardly three weeks ahead of the tragedy. Symantha shares it with
TNS that email petitions and streets protests arranged by chain.org,
articles in German magazine Speigel and New York Times were other means to
build pressure. The CCC, she says, has also highlighted the flaws with
audits done by international companies and calls for direct involvement of
Pakistan’s labour and trade unions in policies pertaining to their
health and safety. Similarly, she suggests international buyers to forget
certification systems and interact directly with trade unions. Symantha adds the
Pakistani government had been asking the local industries to get certified
by these companies and later on get reimbursed. This has not delivered and
it is a possibility many such certifying companies are only interested in
collecting fees, she adds. The CCC, Symantha says,
is dedicated to improving working conditions and supporting the
empowerment of workers in the global garment and sportswear industries. It
has worked since 1989 to help ensure that the fundamental rights of
workers, such as determination of maximum working hours, minimum wages,
life with dignity, are respected. The factory fires are also common in
Bangladesh and Pakistan, she concluded. — Shahzada Irfan Ahmed caption Symantha Maher.
The heat is on Climate change
has been an issue long under discussion, at various international
conferences since the Kyoto Protocol was implemented in 1997. However, at
that time the discussion focused on prevention, while today the narrative
has changed to a very large degree. While scientists have
been warning the world of the effects of global temperatures rising, it
has only been in the last decade that a wave of natural disasters —
tsunamis, earthquakes, floods, and hurricanes — has truly opened the
masses to the realities of climate change. Thus, began the next phase of
discussion at climate change, from prevention to now tackling what has
become a stark reality.
Once again began the
struggle between the developed and the developing world. The
agriculturally dependant developing countries that are more open to the
risks of changing weather patterns are calling for help while the
developed countries refuse to shoulder the responsibility, financially or
in terms of their commitment towards lowering Greenhouse Gas (GHG)
emissions. Thus, the battle
continued at Doha in 2012, where all countries battled to sketch out the
second phase of the Kyoto Protocol. Pakistan and China fought for more
commitments on reducing GHG emissions, and providing aid to the developing
countries to deal with the effects of climate change. In Cancun 2010, and
Durban 2011, USD 100 billion were required per year to help bring
developing countries up to speed in tackling and preventing climate
change. In Doha in 2012, the
European Union, France, Germany, Denmark and UK pledged a total of USD 6
billion. This was considered partial success on the part of developing
countries. In terms of emission, the developed world still did not meet
the required cut to ensure that the world temperature does not rise above
2C. According to estimates
made by the latest report of the World Bank, if current levels of GHG
emissions continue, the total temperature rise will be 4-6 degree celsius.
According to the UNEP at the current rate of emissions they will reach 58
gigatons in 2020, 14 gigatons more than they should be — a horrific
scenario. Despite all this Russia, Japan and New Zealand have not become
part of the second phase, while Canada walked out of the protocol
altogether. However, countries will be revisiting their pledges in 2015.
Thus, what the conference in Doha did was postpone some of the most
important issues to the next conference, its major success lying in the
fact that the treaty did not break down completely. So while the scientists
scream about a rise in temperature, developing countries about finance,
and the developed countries continue doing what they’ve always been
doing, everyone happily ignores the fact the conference took place in
Qatar, a country with the world’s highest per capita carbon emissions.
The United Nations definitely has a sense of humour. While overall the
conference has not been able to settle much, for Pakistan there have been
some highlights. The treaty has now extended funding to countries which
are particularly vulnerable to climate change — Pakistan remains high on
the list. This financial support was previously limited to small island
communities and least developed countries. An international mechanism that
will be able to evaluate loss and damage due to climate change will help
the countries where slow climatic events occur such as droughts or melting
glaciers. While there would be implementation of mechanisms to introduce
awareness and education of climate change. This is important for a
country like Pakistan, where climate change has still not been understood,
and it was only after the floods in 2010 that the government acknowledged
climate change. A Climate Change Task Force, headed by Qamaruzaman
Chaudary who is currently the elected Vice-President of World
Meteorological Organisation, was largely ignored after its formation.
However, in 2010 the Germanwatch Global Climate Change Risk Index put
Pakistan as the number one country at risk of being affected by climate
change, a fact which was highlighted internationally at the 2011 United
Nations Climate Summit in Durban, South Africa. Moreover, the statistics
by independent research organisations such as the International Panel on
Climate Change along with UNEP predicting the loss of around $14 billion
annually to Pakistan’s economy finally put the policy tackling climate
change on the institutional agenda. This constant pressure from various
international organisations played its part in the creation of the first
draft of the Climate Change Bill in April 2012, which was approved by the
legislature on 26th May 2011. The Ministry for National Disaster
Management was also transformed into the Ministry of Climate Change, with
Rana M. Farooq Saeed Khan as the minister, on 14th April 2012. The policy addresses the
biodiversity of Pakistan, highlighting the different weather systems. It
also lays out a plan for adaptation and mitigation of some of the more
serious challenges Pakistan will face in line with climatic changes. While
a hierarchy of ministries at both the federal and provincial level has
been formed, implementation still remains a far fetched dream, and
awareness amongst the population another problem. Flash floods continue to
claim lives each year, in Northern Pakistan, Balochistan and Sindh.
Despite flaws being pointed out in the rain and flood forecasting system
by both local and international experts, the government has still not been
unable to rectify the flaws in order to ensure more efficiency in reacting
to climate changes. Climate change remains
one of the fiercest challenges that the global community or any developing
country like Pakistan will have to face. At the same time, it also remains
one of the most under-realised threats of the modern era, despite large
scale discussion on variety of international and national levels.
Language lab As the world celebrates the International Mother Tongue Day on February 21, Pakistan needs to preserve its languages to keep roots and contact with ancestors intact By Dr Tariq Rahman Who knew on that
fateful day of 21 February 1952 when people lay dead in the streets of
Dhaka (then spelled Dacca) and there were rumours of deaths and
imprisonment in the hundreds that the day would become a major date on the
calendar of the world. And yet, the events recorded in several sources of
that time, and most poignantly in Tajuddin Ahmad’s diary entries 0f
22-27 February 1952 which I have had the privilege of reading, are a
watershed in the history of the world. First, they became a
precursor to a collective memory: that of the Bengalis reacting to the
domination of the West Pakistani elite, especially the bureaucratic and
military elite which happened to be predominantly Punjabi. And, secondly,
they made people realise that the mother-tongue is a precious right of a
people which must not be denied them in the name of national unity or
modernisation.
The first of these
narratives got scarce accommodation up to 1970 when Sheikh
Mujeeb-ur-Rahman finally won a landslide victory precisely because he
tapped these powerful emotions. The result was the creation of Bangladesh
but at great cost of life and happiness of the Bengalis, West Pakistanis
in Bangladesh and the Biharis. Of course, anyone in his or her right mind
would primarily blame the military regime of the time which unleashed the
dogs of war upon the poor people of Bangladesh, driving them to seek
refuge in India and defeat their oppressors. But, if it is justice we
desire, then the sufferings of all — the Bengalis, the families of West
Pakistanis and the Biharis — would have to be taken into account. Novels
like Of Martyrs and Marigolds (2011) by Aquila Ismail are works of fiction
but their account of the sufferings of innocent Biharis is both true and
moving. Similar works of fiction about the mindless sufferings of Bengali
women, children, Hindus and other innocent people is absolutely true and
deeply disturbing. But what really disturbs me is that, despite several
reminders in newspapers and other fora, no government of Pakistan has
apologised to the people of Bangladesh for these atrocities. And also,
nobody has bothered about the appalling condition of the Biharis in
Bangladesh let alone apologise for the violence done to them. I take this occasion to
ask for truth and reconciliation at the highest level between Pakistan and
Bangladesh so that we achieve something more than mere diplomatic
relations. A special commission formed in Pakistan should condemn
violence, acknowledge we were wrong in many ways and resolve to respect
peoples’ right to their wealth, culture and desire for power. And these
principles should apply to Balochistan now that needs truth and
reconciliation. The second narrative,
the idea of the rights of the mother-tongue also came to be officially
recognised by the UNO in 1999 and the first time the International Mother
Tongue Day was celebrated in 2000. The events of the 21st of February 1952
(Bhasha Ondolan) were mentioned and the right of people to maintain their
mother-tongues was asserted. Although the UNESCO had
taken the position in 1953 that children learn new concepts best in their
mother-tongue, the real momentum to the idea came from 1999 onwards.
Education in the mother-tongue (MLE) was established in many parts of the
world and the idea that one’s mother-tongue was worth saving is now
gaining currency. The arguments given in favour of saving the
mother-tongues of people and using them are many but let me mention only
the major ones. First, children learn
basic concepts best in their first language and then graduate to other
languages more easily. In short, the time spent in teaching them through
the mother-tongue is not wasted. It leads to better understanding of
academic subjects later. The administrators and teachers of Pakistan’s
English-medium schools are convinced that this is wrong. They argue that
children learn English better by being exposed to it at the cost of their
mother-tongue, which is not taught, as early as possible. This way of
thinking completely bans the mother-tongues in elite schools so that
speaking in Punjabi, Pashto, Sindhi and Balochi is actually punishable in
such institutions. That this is against the UN’s concept of human rights
and Pakistan’s own constitution as well as a robust body of research on
such issues is dismissed with a shrug in such schools. The second argument is
that the world is losing its languages very fast on account of
globalisation and fast communications so that we have about 6000 (plus)
languages left but we might have far fewer before the 21st century is out.
I myself surveyed the languages of Pakistan and discovered, on the
strength of other peoples’ work, that out of the nearly 72 languages of
the country in 2000 nearly six have disappeared and at least three smaller
ones may disappear soon. As many of these languages, in my view, were
actually dialects of larger languages we might actually have a much
depleted number of languages when the Summer Institute of Languages
publishes its next Ethnologue. Given this depletion
rate, it makes sense to teach the mother-tongues. Teaching them would
create written texts in them and even CDs and DVDs. It would preserve the
largely oral literature which would otherwise die when the language
disappears. This would be worth doing because a language embodies the
spirit, or worldview, of an ethnic group. If the language disappears, the
ethnic group disappears too. If we are to have some sense of our roots and
contact with our ancestors then language is the means to preserve these
things. The third argument is
that children look down upon their own language, their way of life, their
ancestors, their literature — in short their identity — if they are
taught in a foreign language. This is evidenced by the fact that Pakistani
Punjabi children, especially girls, speak even in private in Urdu and
generally regard Punjabi as a rustic, unsophisticated language. I have often encountered
the question — or rather the assertion — that Punjabi has neither
script nor literature of its own. When I point out that Persian, Urdu,
Pashto, Sindhi and Balochi too use modified forms of the Arabic script and
not just Punjabi, they are incredulous. Similarly, when I point out the
abundance of mystic poetry in Punjabi refuting their claim that Punjabi is
fit only for vulgarity, they are nonplussed. And such uninformed
prejudices are not the sole monopoly of Punjabis. Most students of
English-medium schools have not read Ghalib, Meer or Faiz and, what is
really painful is that they do not want to. Indeed, they are proud not to.
And it is no consolation to think that they have not read Shakespeare and
Dickens either. The point is that the English writers have a respectable
niche in their minds which the Urdu ones do not. And this may not have
happened if Urdu and the local languages had been accorded the respect
they deserve in our educational system. If nothing, we could have shown
films of the classics — Heer Ranjha, Sassi Punnu, Ghalib, the stories of
Asmat Chughtai — to our children without imposing examinations upon
them. But what we have done
instead is to make Urdu compulsory which is a sure way of making it hated.
Languages should be taught to all and not just to the poor, rural guinea
pigs and they should be taught with the help of interesting things like
drama, song, poetry and films. As for examinations, maybe they are a
necessary evil but they belong to the market place not to the experience
called education for creating civilised and informed citizens of the
world. There are other
arguments too but I think even these will not be digested by the
decision-makers of Pakistan so let me stop here. If the 21st of February
makes us rethink even some of our policies — such as that of treating
the Baloch or not teaching our children their mother-tongues — the
purpose of this article would be served.
Political
battle in Fata The upcoming
elections will be the first party-based elections in Fata’s history,
since the Political Party Act was extended to the tribal areas last year.
Candidates, voters and young people are enthusiastically looking forward
to the elections, as they believe that the party-based elections will help
overcome the backwardness and poverty in the tribal areas. Political experts say
that the coming general elections will be totally different for the people
living in Fata as they will have an opportunity to reject ‘evils’ by
participating in the first ever party-based polls. Tribal people are
optimistic that the elections will bring drastic changes in the primitive
tribal system in Fata. Some parties are even making promises for the
complete abolishment of Frontier Crime Regulations (FCR) from all the
tribal agencies. All the major political
parties and independent candidates in Fata have launched their election
campaigns and are trying to win more voters ahead of the first party-based
general elections. The experienced political parties, including the PPP,
the PTI, the PML-N, the JUI-F, the JI and independent candidates are
utilising different ways and means in their election campaigns. They are
holding street corner meetings, village dialogues and using social media
tools. Despite political
differences, most of the candidates and political parties agree that the
outdated tribal political system should be abolished and a more democratic
system should be introduced in Fata. The hope of free and
fair elections in a peaceful atmosphere further increased among the tribal
people when President Asif Ali Zardari appointed the first civil and
non-partisan tribal figure Engineer Shaukatullah Khan as the KPK Governor.
All the tribal politicians, youth and independent candidates welcomed the
decision and urged the governor to conduct free and fair elections. Jamat-e-Islami Fata Naib
Ameer and NA-45 candidate, Zarnoor Afridi, says though people had cast
votes on relation, creed and clans basis in the past elections, the next
elections will be totally different. In the 2002 and 2008
elections, tribal people had sent young and educated persons to the
National Assembly. Noorul Haq Qadri from NA-45 was elected twice in 2002
and 2008 and he is also contesting the 2013 elections. But this time, his
ex-supporter and billionaire tribal businessman, Alhaj Shaji Gul Afridi,
is also contesting elections against him from NA-45 which, the voters say,
would give tough time to Qadri. The other young
tribesmen elected were Dr Kamran Khan from NA-40 North Waziristan Agency,
Dr Javed Hussain Mian and Sajid Toori from NA-37 Kurram Agency, Gulab
Jamal and Javad Hussain from NA-39 in the 2002-8 elections. “The past elections
show that every time only independent candidates had been elected from
Fata. However, politicians believe that political parties’ candidates
will give tough time to the independent candidates in the coming
elections,” Zarnoor says. Zarnoor Afridi adds that the main activity of
the JI’s election campaign is party recruitment gatherings in Fata.
“Thousands of people in Khyber, Bajaur, Mohmand, North and South
Waziristan agencies have joined the JI,” he claims, adding the JI
workers are also helping people to get registered as voters. Senior tribal journalist
and social activist, Saif-ur-Rehman Afridi, believes that the results of
the coming elections would be totally different from the past results. He
says political parties, specially the PTI, and religious parties will
sweep the 2013 elections. Saif says that independent candidates and
sitting MNAs would be defeated because of their absence from their
constituencies. “None of the MNAs had afforded a single visit to the
tribal agency during the last five years,” he says. “However, top
political party leaders, including Imran Khan and Munawar Hassan, have
personally participated in public gatherings in Fata.” Aysha Gulalai Wazir, the
PTI’s Fata leader, is the first tribal woman who will likely go to the
parliament on reserved seats. She says that she, on the advice of Imran
Khan, is holding meetings with Waziristan elders and women. She says the
days had gone when women had no say in the tribal system. She urged the
tribal women to follow her and make sure their participation in the coming
elections. Other PTI leaders,
Fakhruddin Shinwari and Rahim Shah Mohmand, say their party has started
its mobile SMS election campaign to attract new voters. They say the party
had also assigned workers at village level to go campaigning from door to
door. This campaign is already underway. “We have adopted a unique
campaign by convincing tribal people after resolving their disputes,”
Fakhruddin Shinwari says. He says tribal people have many problems and
disputes which they bring to the administration offices and the PTI
workers help them settle their disputes and urge them to vote for the PTI. Noorul Haq Qadri, the
sitting MNA from NA-45, launched his campaign two months ago. He held
several public gatherings in Peshawar as he faced life threats in his
Khyber agency constituency. Using social media, especially Facebook,
Qadri’s workers regularly post texts and photographs of development
projects initiated by Noorul Haq Qadri in the last five years. Shahid Khan Afridi,
Khyber Agency press secretary of the Awami National Party (ANP), says they
had established party units at the village level and tasked them with
conducting meetings in hujras (guesthouses). “Due to threats from
militants, they would not expose themselves in public gatherings, but
campaigning would continue.” The ANP leaders have advised local party
workers to remain in safe places until the National and Provincial
Assemblies are dissolved. Yaqoob Afridi, spokesman
for Alhaj Shaji Gul, the independent candidate for NA-45, says that Shaji
Gul’s supporters have already set up election offices in various places.
He says Shaji Gul was the first candidate in Khyber Agency who is
campaigning from door to door and addressing public gatherings in Jamrud
and Landi Kotal tehsils. “The situation is not favourable for elections
in Fata, but people want a change which could address the problems of poor
people,” says Yaqoob. Jihad Shah Afridi, the
election committee organiser for Jamiat-i-Ulema Islam (F) in Khyber
Agency, says his party believes in continued political campaigning. The
JUI-F has divided its election campaign into several phases. Jihad Shah
says billboards, wall chalking and the JUI workers’ training are almost
complete.
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mporter KIK to pay $1
million in compensation to victims of Baldia Town fire in Karachi. 
