trade
Rhetoric and reality

There is a fairly strong case for discarding the single undertaking approach in WTO in favour of liberalising in select areas
By Hussain H. Zaidi
Except for the accession of the Russian Federation, as well as Samoa and Montenegro, the eighth Ministerial Conference of the World Trade Organization (WTO) held in Geneva on December 15-17, 2011 had nothing remarkable about it. 

The first step
Changes in the Frontier Crimes Regulations (FCR) have kicked up debate about how they would affect the tribal people

By Ashrafuddin Pirzada
In August 2011, President Asif Ali Zardari announced some drastic changes in Frontier Crimes Regulation (FCR) after holding long discussions with tribal elders and lawyers.
As the announcement was made all the political parties diverted their attention toward the tribal people where they could attract more people to further extend their votebank among the eight million people of Fata. 

population
Planning for the family
International Conference for Family Planning (ICFP), 2011, held in Senegal recently, was the world’s largest-ever gathering of activists, experts, and campaigners in the field of family planning
By Farahnaz Zahidi Moazzam
Walking down the road in the prestigious Almadies area in Dakar, small shack-like make-shift homes are visible on both sides. Underprivileged Senegalese children are visible playing with toys invented out of trash. Their mothers are mostly squatting on the roadsides, selling roasted peanuts, sitting under shades made out of cloth pieces hoisted on small wooden poles. The children look raggedy, poor and….just…..too many. It is no surprise as 43 percent of the population in Sub-Saharan Africa is under 15, and only 10 percent of the women of French-speaking West Africa have access to hormonal birth control methods.

Time to implement
Bills passed in the parliament to curb violence against women should be implemented in letter and spirit
By Mohammad Javed Pasha
The Senate unanimously passed the Women Protection Bill and Anti-Acid Throwing Bill on 12th December 2011 that envisages heavy penalties for offenders. Later, the same has also been signed by the President of Pakistan. It is a historical moment for women and women NGOs and a landmark to check violence against women in the country. 

analysis
Politics of the court

It is the ‘rule of law’ that the Supreme Court must uphold in the defining case of this Zardari-Gilani-Iftikhar-Kayani era
By Aasim Sajjad Akhtar
For the best part of five years, the higher courts — and the Chief Justice (CJ) of the highest court in particular — have been the symbols of a new populist politics. Never before in Pakistan’s chequered history have judges been perceived as the defenders of peoples’ interests, and for obvious reasons; hand-in-glove with the powerful classes that oppress the poor and voiceless is the proverbial katcheri, and its partner in crime (pun intended), the thana. The judicial functionaries with whom most Pakistanis come into contact on a daily basis are defenders of the status quo, not flagbearers of change.

firstperson
“Language is the decisive factor in our evolution as human beings”Tatiana

Oranskaia talks about why she chose to become a specialist in South Asian languages
By Zaman Khan
Tatiana Oranskaia holds a Ph.D in Linguistics. She did her masters in Indian languages and literature from Leningrad (Saint-Petersburg) University in 1973. She is Professor, Department of Culture and History of India and Tibet, University of Hamburg, Germany, and Vice-Chair since November 1999 till present. She was Visiting Professor, Institute fur Kultur und Geschichte Indiens und Tibets, Universitat Hamburg, Germany from October 1995-February 1996. She was Head of the Department of Indian Philology, Oriental Faculty, Saint Petersburg University from May 1997-November 1998. Oranskaia has contributed many articles and chapters in books published in the last ten years. She is associated with Pakistan Study Centre and History, University of Punjab and teaching research method in social sciences. She was here for a three months (Sept –Dec 2011) assignment. The News on Sunday had an opportunity to interview her. Excerpts follow:

A big challenge
The State Bank of Pakistan’s annual report must be a cause of alarm for the policy makers
By Shujauddin Qureshi
The State Bank of Pakistan’s annual report 2010-2011, State of the Economy, portrays a gloomy picture of overall economy of the country, which according to the central bank, is expected to grow at the rate of 3 to 4 percent as against government’s GDP growth target of 4.2 percent for the fiscal year 2011-12. 

 

trade
Rhetoric and reality
There is a fairly strong case for discarding the single undertaking approach in WTO in favour of liberalising in select areas
By Hussain H. Zaidi

Except for the accession of the Russian Federation, as well as Samoa and Montenegro, the eighth Ministerial Conference of the World Trade Organization (WTO) held in Geneva on December 15-17, 2011 had nothing remarkable about it.

Russia is the only major economic and trading nation which is not a WTO member despite being in the accession process for one and a half decade. Now that Moscow has been given a green signal by the Ministerial Conference, it will formally accede to the WTO after the instrument of ratification has been signed by the Russian government.

The chairperson’s concluding statement, issued at the end of the Ministerial Conference, is replete with rhetoric: WTO members agreed to strengthen the multilateral trading system to stimulate growth and development; affirmed their commitment to resist protectionism in all its forms; and committed themselves to successful completion of the Doha development agenda. Specifically, the members agreed to provide preferential market access to services and service providers of the least developed countries (LDCs) by adopting a permanent waiver, and extended prohibition of tariffs on goods sold online (e-commerce).

The ministers, however, failed to break the impasse in the conclusion of the Doha Round launched in 2001 and originally supposed to complete in 2004. The failure to clinch a deal brings out the disparity between the virtues of freer trade preached by economics theories and the case for protectionism espoused by powerful lobbies. The continuing economic slowdown in both the US and the European Union (EU), which together account for nearly half of the global trade, has made this disparity even greater.

In order to grasp the causes of the stalemate in the implementation of the DDA, it is important to understand the context in which the Doha Declaration was made. The Doha Ministerial Conference, which marked the beginning of the Doha round, was the fourth meeting of the apex body. The third Ministerial Conference in Seattle in 1999 was supposed to launch a new round of trade negotiations. But the Conference ended in fiasco and was unable to adopt a declaration.

The major contentious issues pertained to reforms in trade in agriculture, linking trade and labour standards (particularly child labour), and negotiation of a Multilateral Agreement on Investment (MAI). It was also during the Seattle meeting that growing influence of developing countries on the multilateral forum was felt.

The Doha development agenda represented a compromise between the positions of developed and developing countries. The developed countries agreed to liberalise trade in agriculture and address special needs of developing countries in non-agricultural market access and trade in services without defining the modalities of the reforms as well as the timeframe within which the same were to be carried out.

However, countries big or small, developed or developing have highly protected sectors, which they are reluctant to liberalise. Developed countries, for instance, have a highly protected and heavily subsidized agricultural sector. In Switzerland, average applied tariffs on agricultural products are 45 percent and in some cases maximum tariffs exceed 1,000 percent. Japan applies 1,000 percent tariffs on import of rice, while those on dairy products are as high as 600 percent.

The EU countries apply tariffs of more than 200 percent on several agricultural products. In case of the US, though average applied tariffs on agricultural products are less than 6 percent, in many cases tariffs are close to or more than 100 percent.

Similarly, developing countries by and large have highly sensitive industrial sub sectors. Take the two largest developing economies, namely China and India. In case of China, though average applied tariffs on manufactures are less than 10 percent, tariff peaks exist in several sectors, such as textiles and clothing, leather articles, chemicals, electrical and mechanical appliances and the auto sector.

The Chinese economy is also highly subsidized, which makes domestic products cheaper than foreign competing products. India applies more than 250 percent tariffs on some textiles products, while in some other sectors, such as clothing, chemicals, fruits and vegetables and beverages, tariffs exceed 100 per cent.

WTO members agree that they will be allowed to exempt certain number of products — called sensitive products for all countries and special products for only developing countries — from the tariff reduction formula. The big issues are the number of products that a member may designate as special or sensitive products, the level of tariff reduction for them and the number of such products which a member can totally exclude from tariff reduction.

These issues are important because allowing a very large number of products as sensitive or special would mean that the products with the highest tariffs and thus most in need of reduction commitments would remain protected.

In fine, since one country’s protected or sensitive sector is of another’s export interest, the Doha Round seems to be getting nowhere. The recent economic crisis in the West and the resultant fears of further job losses has only made things more difficult and made further trade liberalisation harder to sell at home.

Then there are some other factors. One, courtesy the emerging economies, such as China, India and Brazil, developing countries have come to exercise a much greater influence on the WTO stage than previously and without taking their interests into consideration, no final deal can be struck.

The LDCs have their own concerns. Since the LDCs enjoy duty free access in the markets of most of the developed economies, tariff reduction envisaged by the Doha Round will attenuate the tariff preferences enjoyed by them — preference erosion as the problem has been called. Since in the WTO decisions are made by consensus, the LDCs can effectively block a final agreement if preference erosion is not addressed to their satisfaction.

Finally, trade negotiations have expanded into such areas as agriculture and services — both being highly sensitive politically. Since (as per the special and differential treatment principle) developed countries are required to offer more than they will get, the agreed package may be difficult to sell in some of their domestic constituencies. For instance, the European Union (EU) may have to overhaul its agricultural regime, which obviously will evoke intense opposition of the affected sector.

Such problems have pushed the principle of ‘flexibility’ into the negotiations. The principle allows WTO members to exempt a select number of products, to be called sensitive products, from the general tariff or subsidy reduction commitments. However, the range of flexibilities has itself become an apple of discord because the products carrying higher tariffs are likely to be shielded from liberalisation.

In addition to political will, there is the need for out-of the-box thinking to complete the Doha Round. One proposal is to discard the single undertaking principle. In WTO, decisions are made on the basis of single undertaking, which means that nothing is agreed unless all is agreed and decisions are made in the form of a comprehensive package which the members should accept or reject in toto.

The positive thing about the single undertaking principle is that it is a give-and-take approach, which is very important for successful negotiations. However, it is not without its drawbacks. For one thing, it makes for slow decision-making at times leads to stalemate just as in current Doha Round negotiations. Secondly, not all countries are ready to undertake commitments in all areas ranging from reduction of agriculture subsidies to copyright protection simultaneously. The single undertaking approach makes them shy away from undertaking commitments even in areas where they can, because it will make them undertake commitments in areas where they are unable to do so. In view of such problems, there is a fairly strong case for discarding the single undertaking approach in favour of liberalizing in select areas.

 

hussainhzaidi@gmail.com

 

The first step
Changes in the Frontier Crimes Regulations (FCR) have kicked up debate about how they would affect the tribal people
By Ashrafuddin Pirzada

In August 2011, President Asif Ali Zardari announced some drastic changes in Frontier Crimes Regulation (FCR) after holding long discussions with tribal elders and lawyers.

As the announcement was made all the political parties diverted their attention toward the tribal people where they could attract more people to further extend their votebank among the eight million people of Fata.

The people in Fata, who were intentionally kept away from development during the British regime and by their successors, do not know what these regulations hold for them.

The people in the tribal belt are also unfamiliar with the Political Parties Act. The leaders and workers of the political parties are organizing political awareness programmes at village and in bazaars. Though some of the political party leaders are not happy with the reforms brought in FCR, however, they term it a foundation for further changes in FCR.

While the tribal people have appreciated and welcomed the reforms, some leaders have rejected the regulations categorically. Prominent lawyer and senior Awami National Party leader, Abdul Latif Khan Afridi, says the “reforms are insufficient for the prosperity and development in Fata”, but he terms it “a window for a progressive and social Fata”. He says it is “a dream for the tribal people to enjoy political, social and right to expression in Fata”.

The British rulers first imposed the draconian regulations in NWFP in 1872 to control the tribal. According to Article 247 of the Constitution, Fata would not be directly administered but would be run under system of Frontier Crimes Regulations. Latif Afridi says FCR was misused for more than one hundred years by both the British rulers and Pakistani authorities for their vested interests because it was made as a tool to control the Pashtuns.

With the passage of time, he agrees, awareness has spread among the young generation and people now raise questions about social and civil r rights. As a result, the first minor change was brought in FCR in 1967 when people were given some relaxation in Act 40 of the FCR. Abdul Latif Afridi argues that until and unless the nature of Acts 1, 246, and 247 of the Constitution are changed it is not possible to bring a big change in FCR. However, he suggests that Fata should be brought under control of KPK.

In the regulations introduced in 2011, political agent has been granted the discretionary power to give death sentence. People in Fata are suspicious about the change because now a single witness, whether false or true, is enough for the execution of a tribal man.

Former ambassador to Afghanistan and senior analyst, Rustam Shah Mohmand, links reforms with basic necessities and rights of the tribal people. He says if we are to make reforms in Fata, People’s views should be respected and included in them, saying that over 50 percent of the tribal area has been destroyed in the last ten years of militancy.

“The regulations offer no solutions for the aggrieved families of 40,000 people who have lost their near and dear ones or were injured after 9/11. This has made them vulnerable in society.

“No consultation has been done with the people of Fata or their representatives in the assembly before imposing the law on them”, he says.

Rustam Shah Mohmand says “unless the civil administration starts to pursue its designated duties, peace and socio-political and economic development in these areas would remain elusive, adding or removing specific clauses from FCR will not improve the law and order situation in Fata”.

Dr Sarfaraz Khan, director of Area Study Center at University of Peshawar, says so far tribals have not been actually empowered to decide their own matters.

He terms the reforms inadequate and says that tribals have not been considered as complete citizens as compared with the other citizens in Pakistan. He says the people of Fata are exploited by rulers and now it is the turn of political parties to use the same tactics in their own way.

Former Jamaat-e-Islami chief and senior JI leader, Qazi Hussain Ahmad, says that though theoretically it is a great achievement for the tribal people in the shape of reforms but the new regulations do not deliver as they should. He says thousands of tribal people went into the hands of militants because of deprivation, ignorance, and joblessness in Fata.

Justice retired Mian Ajmal, who was heading the reforms committee, says that “92 percent recommendations made by the committee are signed by President Asif Ali Zardari”. He hopes that “it would be the first step toward the light from darkness if tribal people do not let their struggle go down in this regard”.

Awami National Party senior leader, Imran Afridi, talking to TNS, says they were struggling for the complete abolition of FCR and that they consider the change as a beacon of light in the dark. Afridi rejects the regulations implemented in Fata, saying if one right is given to the tribal people one is snatched from them in the shape of civil power regulations enactments because as per the Action in Aid of civil powers regulations no individual can appeal against the verdict taken by the Political Agent.

Pakistan People’s Party (PPP) Mohmand agency president, Dr. Farooq Mohmand, not only appreciates efforts of PPP-led government but also thanks President Asif Ali Zardari on the historic change he has brought in the FCR. He says now “the tribal people have the platform in the shape of political parties through which they will raise their voice for their political and social rights.”

 

 

population
Planning for the family
International Conference for Family Planning (ICFP), 2011, held in Senegal recently, was the world’s largest-ever gathering of activists, experts, and campaigners in the field of family planning
By Farahnaz Zahidi Moazzam

Walking down the road in the prestigious Almadies area in Dakar, small shack-like make-shift homes are visible on both sides. Underprivileged Senegalese children are visible playing with toys invented out of trash. Their mothers are mostly squatting on the roadsides, selling roasted peanuts, sitting under shades made out of cloth pieces hoisted on small wooden poles. The children look raggedy, poor and….just…..too many. It is no surprise as 43 percent of the population in Sub-Saharan Africa is under 15, and only 10 percent of the women of French-speaking West Africa have access to hormonal birth control methods.

Walking down the same road, one is led to the prestigious Le Meridien President Hotel, sprawling over a huge area. Picturesque and located alongside a magnificent beach, the hotel is teeming with busy looking people from all over the world. Dakar, Senegal, is hosting the International Conference for Family Planning (ICFP), 2011, from the 29th of November till the 2nd of December.

ICFP 2011 was the world’s largest-ever gathering of activists, experts, and campaigners in the field of family planning. It boasted of 2,000 plus participants from around the world — stalwarts of the field, who put their heads together to discover solutions to some of humanity’s throbbing problems. A participant called Senegal, the host country, “the wild, wild west of family planning”.

The conference came at a good time, as this year the world witnessed the birth of the seven billionth baby and the number of babies born every second is still a whopping 4.3. It is no wonder, then, that the emphasis on family planning is mounting. The Conference was co-sponsored by over 30 international organisations. These included the Bill and Melinda Gates Foundation, USAID, UNFPA, WHO, and the World Bank. The Gates Foundation is investing $70m a year in Family Planning (FP). Melinda Gates called it one of her top priorities, and advocated the importance of women having control of their well-being and lives.

Family Planning — the word entails so much more than just limiting the number of children. Issues like sexual and reproductive health are a part and parcel of population and FP issues. The implications of family planning, spacing between children, use of contraception, maternal and child health, and use of contraceptives also as a means of protection against sexually transmitted diseases, including HIV, all of this and so much more comes under it.

The conference saw an increased emphasis on the sexual and reproductive health issues of adolescents, a topic which is often brushed under the rug in most parts of the world, especially the developing world, due to taboos attached with it. How many of us would discuss these issues with our teenage children or make sure they have enough knowledge to stay safe and healthy, here in Pakistan? The implications of apathy towards these issues can have a far-reaching effect.

An estimated 40 percent of pregnancies in the developing world are unplanned. Almost 50 percent of these are aborted, and these abortions in developing countries are mostly unsafe. Related complications kill around 47,000 women a year. The solution lies, therefore, in timely family planning, otherwise abortions will continually be used as a form of family planning.

Some 215 million women around the world today know they need modern contraceptives, but do not have access. The number of women who are unaware are higher A strong quote from the Cairo population conference of 1994 sums it up: “If the woman we treat for post-abortion complications is there because she could not get contraception, we have failed her. If she leaves without family planning, we have failed her twice.” Thus, a woman’s right over her body, the size of her family, the mutual decision of the couple as regards the number of children and in short a woman’s right over her life was an important topic of many sessions of the ICFP 2011.

We all know that in a majority of the cases, the decision about when and how many children a woman will have is a decision which rests with her husband, and in turn her in-laws. Thus, male involvement is the key, family planning experts rightly believe. Unless the men are taken on board, the high unmet need for contraception will even get higher. In most cases, not only do men refuse to cooperate, but also intimidate a woman into not using contraception, and refuse to pay for the contraceptives. This scenario is very common even in Pakistan. ICFP 2011 saw a lot of brainstorming on advocacy among men, and also among in-laws, especially mother-in-laws.

Newer, more user-friendly and effective forms of contraception were discussed and introduced in various sessions. Experts repeatedly concluded that a variety of FP methods must be made available so that everyone who needs to plan a family can have access to the kind most suited to their needs. These would include natural methods like the “Cycle Bead necklace” that helps keep a woman count of her fertile days, and awareness about other methods.

Ironically, Senegal has a 94 percent Muslim population, and it is sometimes assumed that the religion is against all forms of contraception. At the ICFP, some of the most beneficial sessions were the ones organized by DSW (Deutsche Stiftung Weltbevoelkerung), in consortium with core partners Christian Connections for International Health (CCIH) and Muhammadiyah, who have been working on consultations with religious leaders and faith based institutions (FBOs), on the subject of getting FBOs to support reproductive health and/or family planning.

Christian-Catholic, Christian-Protestant, Muslim, Hindu and Buddhist religious leaders have been participants in these consultations. At the ICFP 2011, the sessions gave out a very positive message — that no religion in the world can be against the well-being of families and in particular women, and that religion does not categorically forbid family planning. Yes, certain forms of contraception and abortion are tricky subjects. However, we cannot work on FP advocacy barring religious leadership.

The Interfaith Declaration to Improve Family Health and Well-Being begins with these words: “We, leaders of religious institutions and faith based organizations (FBO), believe that health is a universal value held by all faiths and a universal right for human beings.” The declaration mentions these statistics: “Each year lack of family planning services and education in developing countries results in an estimated 600,000 newborn deaths; 150,000 maternal deaths from abortion and other pregnancy-related causes; and at least 340,000 children lose their mother.”

The World AIDS Day, on December 1st, drew a lot of attention towards combating AIDS and HIV infection at the conference, particularly due to the latest research finding that injectable contraception may increase the risk of HIV infection, which makes FP even more connected to the issue of HIV.

Emphasis is seen on not just treatment but precaution. Research is also being focused on multipurpose preventive strategies (MPTs) that will not only act as contraceptives but also guard women against HIV and sexually transmitted diseases. The discussions on the subject at ICFP 2011 were very salient also for Pakistan, which is  regarded as a “low prevalence, high-risk” country as far as AIDS is concerned, which means that while the number of cases may still be relatively low, the stage is set for an epidemic unless transmission is prevented.

Contraception is not just about having fewer kids. It is about the health and well-being of women, adolescents, children and entire families. Family planning decisions effect the socio-economic development of families, communities and nations. It relates to human rights and empowerment of women and vulnerable groups of society.

 

Time to implement
Bills passed in the parliament to curb violence against women should be implemented in letter and spirit
By Mohammad Javed Pasha

The Senate unanimously passed the Women Protection Bill and Anti-Acid Throwing Bill on 12th December 2011 that envisages heavy penalties for offenders. Later, the same has also been signed by the President of Pakistan. It is a historical moment for women and women NGOs and a landmark to check violence against women in the country.

The bills approve punishment against forced marriages and abuses like throwing acid, physical violence and sexual torture against women, and stipulate 14 years jail term with a fine of Rs1 million for offenders. The offences covered by these bills will be non-bailable and non-compoundable.

The Acid Control and Acid Crime Prevention (Amendment) Bill is an amendment in Pakistan Penal Code 1860. It increases the punishment for offenders up to life imprisonment and makes it mandatory for the offender to pay a fine of Rs1 million to the victim.

It outlined punishments for social practices like Wanni, Swara or Budla-i-Sulh, wherein women are traded to settle personal, family or tribal disputes. The act, hailed by commentators as a show of collective resolve by political parties to fight social taboos against women, deals with issues such as depriving women of their inheritance and forcing them into marriages to settle disputes. The bill also proposed prohibition of depriving woman of inheritance, prohibition of forced marriage and marriage with the holy Quran.

It is no doubt a great achievement and a solid protection to women against violence against them at domestic, community and state level, giving them a legal protection and severe punishment to the criminals. On the other hand, it also has a compact order of the government to express and ensure women social and legal empowerment.

Similarly, it is an encouraging example of government, women organisations and civil society organisations’ coordination and collaboration for a social development and women empowerment cause as both of these bills are an initiative and demand appeared from these non-governmental organisations, proving.

In addition to that, some other bills and policies passed by the parliament and or lying in the pipeline are the submissions of civil society organizations, including Protection against Harassment of Women at Workplace 2010, Domestic Violence (prevention and protection) Bill 2008, Social Protection for Homebased Women Workers Bill 2011, Hindu Marriage Bill 2011 and Christian Marriage and Divorce Bill 2011 etc.

There is still a lot of work to be done to get real results and benefits of the legislation. As we know that our police stations, especially at village and small town perform as ‘Police State’ and have their own rules and authority over and above the state laws.

The crimes mentioned above against women have mostly been dealt as family matters and settled by male members of the family. The police either do not interfere or when they get involved they support men to get some financial benefits.

They are even not allowed to write FIR appropriately. The case of Mukhtaran Mai is one example. There is a dire need to take the following steps to ensure a strict implementation through police and other concern law-enforcing ends:

Dissemination of a copy of the bill in form of Directive, both in Urdu and English to all Police Stations at rural and urban levels for firm implementation.

Inclusion of the bills in the course of police training programmes at all Police Training Institutions.

Holding special training and orientation sessions on the issues for middle and lower level police officials.

Setting up of police and local community committees like peace committees at rural levels, building linkages and coordination to address the issues.

Launching of a monitoring and accountability mechanism to check the proper implementation of this new laws.

The restoration and reinstatement of local government system is one of the essential factors to achieve the results as under this structure councilors and nazims have a direct link and pressure on police stations and the police staff. They have full information of community members, families and even individuals. Since they have an effective political and social position in the community they can support and play a useful role in the rationalisation and application of the law in letter and sprit.

Media can also help to explain and promote the law and create a favorable atmosphere to implement. Citizen journalism has emerged during the last few years where the general public collects, develops and contributes news items, stories and footage of incidents and accidents to relay and telecast on media. This has become most effective, accessible and easily captured evidence that can be placed before the court in support of the offence or violence committed against women.

An effective advocacy at national level is also needed to alert male members of the community on this new legal development. Similarly, government and non-governmental organizations should launch a campaign of information dissemination on this subject to institutions and individuals to get results.

Women living in villages are always reluctant to go to a police station as they do not feel themselves safe there; moreover, they believe that no justice will be brought about with them being a woman and a marginalised person of the society. They hesitate to bring family disputes and cases of violence in the public with the fear of resistance from family members, relatives and the community.

 

analysis
Politics of the court
It is the ‘rule of law’ that the Supreme Court must uphold in the defining case of this Zardari-Gilani-Iftikhar-Kayani era
By Aasim Sajjad Akhtar

For the best part of five years, the higher courts — and the Chief Justice (CJ) of the highest court in particular — have been the symbols of a new populist politics. Never before in Pakistan’s chequered history have judges been perceived as the defenders of peoples’ interests, and for obvious reasons; hand-in-glove with the powerful classes that oppress the poor and voiceless is the proverbial katcheri, and its partner in crime (pun intended), the thana. The judicial functionaries with whom most Pakistanis come into contact on a daily basis are defenders of the status quo, not flagbearers of change.

It is worth bearing in mind that since the restoration of the CJ almost three years ago, the oppressive and cumbersome judicial system in the districts and tehsils, where ordinary Pakistanis live, has undergone no meaningful change. Yet judges in the superior courts continue to be depicted by the popular media and a segment of the political class as being deeply committed to radical change. This perspective is not shared across a wide cross-section of society, it must be said.

While judges are recent additions to the populist canon, a handful of political leaders, and most of all generals, have regularly laid claim to saviour-hood. Imran Khan is the newest kid on the block, at one and the same time convinced of his destiny and trying to convince the rest of us that salvation lies in his acceding to the highest political throne (outside of General Headquarters). Whether or not he will succeed is a matter of conjecture. What has become exceedingly clear over the past few weeks is that Imran Khan’s fortunes, and those of other contenders for power, now depend greatly on the choices to be made by the CJ and his brother judges.

Memogate is really just a byword for a much bigger and complex game of power politics that has simmered since the very day that the parliament and presidency were ceded by the military establishment to elected representatives almost four years ago. The more recent chain of events that culminated in Memogate begins with the Abbotabad operation – it was after the discovery of Osama bin Laden a flutter away from the army’s preeminent training academy that tensions between GHQ and the elected government reached fever pitch. In short, the security establishment continues to patronise religious militancy and insists that it alone should make policy vis a vis Washington. Any civilian dispensation inclined to assert its own ideas on these (and other related) fronts is not considered acceptable to the men in khaki.

It is important to get all of this out in the open precisely because the CJ’s emergence as a purported defender of people’s interests can be traced back to the last days of General Musharraf, when a spate of rhetoric about the death of the doctrine of necessity and the victory of popular sovereignty was bandied about by everyone and sundry. There was also incessant invocation of the ‘rule of law’, and it is this supposedly sacred principle that the Supreme Court is bound to uphold in the defining case of the Zardari-Gilani-Iftikhar-Kayani era.

In short, the esteemed lordships have been asked (by Nawaz Sharif, no less) to determine whether or not Hussain Haqqani, acting under instruction from the highest political office, committed ‘treason’ against the constitution (read: permanent state apparatus). This is indeed a very serious charge, and if the ‘rule of law’ really is to be supreme then there can surely be no tolerance for brazen defiance on the part of any state functionary.

This is all well and good, as long as the CJ and his brother judges take up such matters indiscriminately. The SC’s silence vis a vis various cases of military personnel completely violating the ‘rule of law’ suggest that the principle is not, in fact, being upheld universally. Additionally, genuine commitment to the social contract implies not only ensuring the ‘rule of law’ but also upholding the principle of popular sovereignty; the truth is that the ‘rule of law’ has all too often been employed by the superior judiciary to undermine elected governments and provide an opportunity for the security establishment to wreak havoc with the political process.

By all accounts — and not just those of Pakistan People’s Party leaders — the security establishment is once again seeking to unambiguously assert its power. While reassurances by the Army Chief and others have set minds at ease that the men in khaki are unlikely to impose martial law in the ‘greater national interest’, it is nonetheless very likely that a more subtle method of ‘regime change’ is being crafted. And the Supreme Court definitely features centrally in the proposals being floated within the shadowy corridors of power where decisions about the long-suffering people of this country are regularly made.

In the two years between the deposal of the CJ in March 2007 and his final reinstatement in March 2009, both the man himself and those around him went through great pains to prove that the office of the Chief Justice of the Supreme Court was not ‘politicised’. It was as preposterous then as it is now to claim that the highest court of the land is ‘apolitical’. Both in terms of the cases that it decides to hear — or take up suo motu — and the decisions that it makes, the Supreme Court has been, and will continue to be, a major player in Pakistani politics.

The CJ would do well to remember that many informed citizens participated in the anti-dictatorship movement which benefited his person. These individuals and the political constituencies they represented were on the streets not because of an undying love for an individual or even the sanctity of public office, but on the basis of a political commitment to ending military rule and restoring democracy. Today many of the same people will defend democracy and the right of those who have been elected by the people of Pakistan to complete their legitimate term in office. One hopes that the CJ and his brother judges recognize the significance of the politics of the court that they currently occupy. If they choose to feign ignorance and provide an opportunity to the security establishment to once again undermine the political process under the guise of upholding the ‘rule of law’, it will not only be ordinary people who suffer for it, but also those who claim to be defenders of the people’s interests.

 

   

firstperson
“Language is the decisive factor in our evolution as human beings”Tatiana
Oranskaia talks about why she chose to become a specialist in South Asian languages
By Zaman Khan

Tatiana Oranskaia holds a Ph.D in Linguistics. She did her masters in Indian languages and literature from Leningrad (Saint-Petersburg) University in 1973. She is Professor, Department of Culture and History of India and Tibet, University of Hamburg, Germany, and Vice-Chair since November 1999 till present. She was Visiting Professor, Institute fur Kultur und Geschichte Indiens und Tibets, Universitat Hamburg, Germany from October 1995-February 1996. She was Head of the Department of Indian Philology, Oriental Faculty, Saint Petersburg University from May 1997-November 1998. Oranskaia has contributed many articles and chapters in books published in the last ten years. She is associated with Pakistan Study Centre and History, University of Punjab and teaching research method in social sciences. She was here for a three months (Sept –Dec 2011) assignment. The News on Sunday had an opportunity to interview her. Excerpts follow:

 

The News on Sunday (TNS): Where and when were you born?

Tatiana Oranskaia (TO): In Leningrad, Soviet Union, nowadays the name of the city is Saint Petersburg, the name of the country Russia.

TNS: Would you share your family background and earlier education with us?

TO: My father was a specialist in Iranian languages and cultures, an internationally renowned scholar. He found the only Indo-Aryan language existing in Central Asia. It has a very close relationship to Punjabi. Both my father and mother were teaching in the 1950s at the University of Dushanbe, Tajikistan. Both graduated from the University of Leningrad, faculty of oriental studies. I also studied at this faculty, and my husband, and our daughter too. My first real — not through books, but in reality — meeting with the orient happened in Dushanbe, when I was six years old. I was fascinated by this wonderful world, absolutely new to me. My father used to take me with him to an elderly person from whom he was at that time collecting linguistic data. My father always brought some sweetmeats for him, as this person was especially fond of them. So was I; we understood each other perfectly well, though I did not know Tajik and he did not know Russian and there was a huge difference in age.

TNS: Why did you choose to become a specialist in South Asian studies?

TO: It was an acquaintance with Russian translations of tales and myths of South Asia which I was reading during my schooldays that attracted me very strongly to this region.

TNS: Why did you become a linguist?

TO: Because language is the decisive factor in our evolution as human beings.

TNS: Which languages can you speak and write?

TO: I can speak Hindustani, both its literary forms — Hindi and Urdu — English, German and, of course, my mother tongue Russian. In the written form I also understand Persian and Tajik, French, some other South Asian and European languages. I also learned Sanskrit.

TNS: How did you become interested in Urdu and Hindi?

TO: Because these are the major languages of South Asia, both were and are part of the curricula of the departments of South Asian studies all over the world.

TNS: Some people say Hindi and Urdu are basically one language with two scripts. Do you agree with that?

TO: Yes, they are basically one language. It is most regrettable that the term Hindustani has been, for political reasons, avoided since 1947.

TNS: How did you become interested in Pakistan?

TO: Because it is a specific culture, which, at the same time, has many things in common with the traditional European and especially Russian culture.

TNS: Why did you choose the University of Punjab?

TO: It is the oldest university of Pakistan, with strong academic and teaching traditions. I have colleagues here with whom we have been working together for several years and who I hold in high esteem. I am most grateful to the dean of the faculty of humanities, Prof. Dr. S. Qalb-i-Abid and the director of the Centre for Pakistan Studies Dr. Massarrat Abid and of course the Higher Education Commission of Pakistan for the wonderful opportunity to work here. It is also most rewarding to work with students of this university.

TNS: What are your plans here?

TO: I am teaching and also carrying out a research.

TNS: How do you look at Pakistan’s future; its successes and failure?

TO: There is a strong feeling of being a Pakistani in the people of this country. There is an understanding of the problems and a kind of a political culture which is evident in different social groups, especially among students. If the love for the country combined with a rational approach and readiness to help the weaker ones overcome egoistical attitudes, Pakistan’s future is bright. Otherwise, the country will fall a victim to the forces who are not interested in its stability. I am happy to see that at the moment relations between Pakistan and India are getting better. If the countries of South Asia are allied with each other, this region will become a very strong force playing a decisive role in the world economy and politics.

TNS: How do you compare the then Soviet education system with the present one?

TO: At the level of the primary and secondary and to some extent also tertiary education, it is basically the same system, but there are also schools and colleges that charge fees. Universities have low quotas for students who study for free, most have to pay. In the Soviet system, education was free. Children and young people were given certain knowledge and skills. This process was controlled by the state, but the average educational level was to my mind higher than at present.

TNS: What are you writing these days?

TO: I have just finished my part of editing work. We have finished a huge international project, a volume on new Indo-Aryan languages, about 900 pages. It will be published this year. It also contains three of my contributions. The next volume to be edited is also an international project; its theme is hybridity —-mixing up of social and cultural phenomena belonging to Western traditions on the one hand and Asian and African, on the other hand. However, at the moment I am especially interested in local cultural traditions and language varieties. During my stay in Pakistan, I could collect some extremely interesting data. This stay is beneficial for my research and also enjoyable.

TNS: How do you look at the cultural history of South Asia?

TO: South Asia presents a unique case of cultural transmission during almost five thousand years. In spite of a number of drastic changes, caused by historical and natural factors, that in different ways transformed societies in different parts of the subcontinent, there are astonishingly strong similarities in the ways of life and thinking, ways of verbal expression, rites and rituals, some of which can be traced back to the earliest known civilisation in South Asia —– the Indus Valley civilisation.

TNS: How do you see the future of Punjabi language?

TO: If the language of politics does not change, by the end of the 21st century Punjabi will be one of endangered languages.

TNS: Have you read Urdu literature and who impressed you most?

TO: The greatest Urdu poet is, of course, Mirza Asadullah Ghalib. He is a genius and one of the greatest poets in world literature. It is regrettable that no translation can give an idea of the depth and beauty of his poetry. Among the poets of the 20th century Faiz Ahmad Faiz and among the prose writers of the late 20th century Qurrat-ul-Ain Haidar impress me.

TNS: How do you look at Pakistani scholarship?

TO: There is a vast knowledge that has not become accessible to the international academic community yet. In connection with this question and also with reference to your question about the future of the Punjabi language I would like to comment on the use of English as the medium of tertiary education. Through this language politics, the nation makes its education less effective and loses bright scholars, because in order to think one needs to master the language in which ideas are expressed. Young people should have an opportunity to study in their mother tongue. Instead of succumbing to hysterical demands to introduce English in all spheres of life it would be useful to write good academic books and books of instruction in the languages of Pakistan. See the language politics of China!

 

 

A big challenge
The State Bank of Pakistan’s annual report must be a cause of alarm for the policy makers
By Shujauddin Qureshi

The State Bank of Pakistan’s annual report 2010-2011, State of the Economy, portrays a gloomy picture of overall economy of the country, which according to the central bank, is expected to grow at the rate of 3 to 4 percent as against government’s GDP growth target of 4.2 percent for the fiscal year 2011-12.

The central bank’s’ annual report released at the juncture of political turmoil going on in the country is considered to be a significant challenge for government’s economic managers, who may have to make some tougher economic decisions to control the dwindling economic situation of the country.

On the one hand, the country is facing acute energy crisis and price hike and on the other hand, the government has failed to achieve most of the economic targets during the first half of the year due to increasing fiscal deficit because of rise in international oil prices and below target tax recovery.

The multiple political crises, bad governance and stoppage of US aid as well as Foreign Direct Investment (FDI) are some other significant factors, which have caused further deterioration of the economy of the country.

Due to growing military tension with the US, Pakistan is unlikely to receive US$ 1250 million expected to be received on account of Coalition Support Fund (CSF), for which the present government had already made provisions in the budget. The SBP report has cited some other reasons contributing to the dismal GDP growth scenario, which included floods for two consecutive years and absence of IMF programme.

Senior economists say the growing law and order situation in the country and absence of investment are two main contributing factors for dismal economic growth. Little progress on the auction of 3-G telecom licenses, which had been budgeted to raise Rs 75 billion revenue in the fiscal year has also contributed in the growing fiscal deficient, which the SBP projects between 5.5 to 6.5 percent of GDP.

“Pakistan’s average GDP growth during the last four years is the lowest in the country’s history,” says Dr. Shahid Hasan Siddiqui, a senior economist and Chairman of Research Institute of Islamic Banking and Finance. Average GDP growth rate in other developing countries is 3.5 to 4 times more than Pakistan, that is 6.5 to 9.8 percent, he added.

Dedicating a full chapter on the energy the SBP report has pointed out that energy crisis in the country is the main factor behind sluggish growth of economy in the country. Quoting estimates from the Planning Commission that about 3-4 percent of GDP may have been lost because of power outages in the last fiscal year, SBP the report said the power crisis has impacted on the manufacturing sector. The large scale manufacturing (LSM) sector once again suffered heavily because of energy crisis in the country. The growth target for LSM was fixed at 4.9 percent for the fiscal year 2010-11, but it remained only 1 percent.

Despite the government’s response to resolve energy shortfall by increasing generation capacity through rental power projects (RPPs), releasing Rs 120 billion to resolve the interagency circular debt problem and increasing electricity tariffs, the overall power situation remained largely unchanged. The annual SBP report says that commissioning RPPs to increase generation capacity was misplaced as Pakistan is operating well below its installed capacity due to the circular debt problem. It also noted that the government injected Rs 120 billion to restart the funding of furnace oil May 2011, but the acute energy problems mostly went unaddressed.

The government’s economic managers would see an uphill task to improve the situation in the coming days as the political government would be mainly reluctant to take “unpopular measures” due to ensuing election year (2012). The opposition parties are making new alliance to increase pressure on the government to go for early elections and in such a situation it will be hard for the government to make tough economic decisions.

“The immediate challenges before the government are IMF payments, soaring import bill due to increase in oil prices and double digit inflation in the country,” says Muzzamil Aslam, economist at JS Global Capital. The repayments on the IMF’s US$ 8.9 billion Stand-By Arrangement (SBA) will start this fiscal year, with outflows of US$ 1.4 billion.

He says although the SBP report has pointed out resilience of the Pakistan economy because of challenging economic conditions, the situation will be tough because of political pressures. The inherent resilience of the agriculture sector allowed it to post a bumper wheat crop in the Rabi season and sizable production of minor crops (potato, onion, pulses, etc.) gave a respite to the economy to some extent, the SBP Report says.

Pakistan faced heavy monsoon rains and floods in August 2011, which put a threat to agriculture economy and economists were apprehending a negative impact on country’s overall economy as well as on exports. But all apprehensions did not come true. “Despite floods, growing oil prices and Dollar-Rupee disparity the exports of the country have increased, Pakistan has achieved a positive current account balance and inflation has remained under control,” he tells TNS. There is still a big challenge for the government to achieve all the economic targets set during the budget including containing inflation or further reducing the interest rate, says Muzammil.

The trade deficit has also narrowed to US$ 10.5 billion, which was largely financed by strong growth in worker remittances that reached a record US$ 11.2 billion, the               SBP report has pointed out.

The report, however, has shown concern over growing budget deficit, which is currently 6.6 percent of GDP against the budget target of 4 percent. “Budget deficit might have been risen to 7 percent had the government not reduced the spending on health and education,” says Dr. Shahid Siddiqui.

The SBP Report has pointed out that financing of the fiscal deficit was, and still remains, a challenging task for the government. “With a decline in external funding following the suspension of the IMF Standby Arrangement (SBA), the government had little choice but to rely increasingly on domestic sources,” the report says. During FY11, the government borrowed Rs 1.1 trillion from domestic resources, which accounted for 91.0 percent of the fiscal deficit,” it says.

Low saving rate, persistent high inflation rate, increase poverty as well as rise in gulf between the rich and the poor in Pakistan are the main challenges for the economic managers of the country to address. According to the SBP, inflation is expected to be within the range of 11.5–12.5 percent during the fiscal year 2011-12, which is broadly in line with the Annual Plan target of 12 percent,’ the Report adds.

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