politics
Imagining Modi’s India

In his election campaign Narendra Modi has adapted to the needs of time but his policies may be no different from his predecessors
By Shivam Vij
How do you choose between two bad options? Worse, the choice is about the government. You have to elect fellow citizens to run your country. Their decisions will directly impact your life. And all you’ve got is two bad choices?
One desperate way of dealing with this dilemma is to play these two against each other. Since you have a choice at all — unlike in, say, a military dictatorship — you choose one and replace it with the other every five years. 

Crossing the fine line
There is an inverse relationship between anti-terrorism legislation and protecting civil liberties. Is there a way out?
By Ahmad Nazir Warraich
States confronting terrorism and violence have an inverse relationship with human rights. History tells us that the first casualty of extremism and violence is human rights as whenever non-state actors in a country used violence as an instrument of policy, the state has usually reacted by curtailing the space for human rights in a bid to control violence.
The argument always is that state security encroaches on civil liberties. And that it is, therefore, legitimate to limit civil liberties in the interest of state security, saving lives. This is why it has always been seen as an inverse relationship, but rights activists opine that it does not necessarily have to be so. 

Yeh Woh
The big issue

By Masud Alam
Eid al Azha is gone, and with it all the talk of prohibitive prices of bakras; people still willing to pay insane amounts for a few kilos of meat if it gives them free publicity on TV or raises their social stature in the mohallah; and of bleeding heart appeals against a mass-killing tradition that has no justification in religion, in modern ethos, or in contemporary common sense.
It happens, exactly in this fashion, every year, without fail. Nothing changes, nothing is expected to change, but that doesn’t stop us from talking. We talk not to change anything but to contribute to status quo –the position that we may not have even the most basic of human rights like clean air, water, and toilets, but it doesn’t matter as long as we have the freedom to talk, talk endlessly about anything and everything, about democracy, religion, military hegemony, religion, terrorism, religion …

issue
The politics of CII

The Council continues to exist as an ineffective and regressive institution
By Waqar Gillani
Dismissing DNA test as primary evidence, setting aside the suggestion for shelter homes for homeless elders, objecting to the amended laws that protect women’s rights, and shooting down the proposal of giving strict punishment to those who abuse or misuse the most sensitive (read controversial) blasphemy law by lodging false reports to settle scores. These are some of the most striking examples of how Pakistan’s Council of Islamic Ideology (CII) is moving forward in recent months in its advisory capacity.
The Council, judging by its existing structure, comprises mostly politically-appointed clerics. There are exceptions, too. One of the recently-appointed members — Maulana Tahir Mahmood Ashrafi — is known as the only voice of dissent against the afore-mentioned decisions. 

Sceptic’s Diary
Symbols we need to celebrate

By Waqqas Mir
We live by symbols, wrote Justice Felix Frankfurter of the Supreme Court of the United States. Frankfurter had the flag of his country in mind. But it is hard to see how courage and its symbols — for a nation at war and in search of peace — are any less important.
The first realisation has to be that we are at war; there are no two ways about it. This war has cost us thousands of lives, limbs and most importantly our dreams. It has fundamentally changed what our home represents. Therefore, celebration of every symbol of our courage is important.

Timber rush
In Diamer district, despite many policy changes, illegal timber trade remains unchecked
By Aoun Sahi
Landslides and tree stumps are two constants on 45-kilometre-long picturesque road that leads to Babusar top from Karakoram Highway (KKH) in Diamer district of Gilgit-Baltistan region. There are a few scattered villages in the valleys along the road.
This area was once thickly forested but is now almost tree-less. “We call it Thak valley. Once it was known for its forests. Today one is unlikely to find trees to build a house with,” says Ghulam Nabi Raikoti, an environmentalist and owner of a tour company from Fairy Meadows.
Fairy Meadows is one of the few areas in Diamer district where forests are protected by the local communities. 

 

 

 

 

 

 

 

 

 

 

 

 

politics
Imagining Modi’s India
In his election campaign Narendra Modi has adapted to the needs of time but his policies may be no different from his predecessors
By Shivam Vij

How do you choose between two bad options? Worse, the choice is about the government. You have to elect fellow citizens to run your country. Their decisions will directly impact your life. And all you’ve got is two bad choices?

One desperate way of dealing with this dilemma is to play these two against each other. Since you have a choice at all — unlike in, say, a military dictatorship — you choose one and replace it with the other every five years.

Perhaps that is the mistake the Indian voter made in 2009 it re-elected the Manmohan Singh and Sonia Gandhi-led Congress back into power in 2009, as a reward for apparently good governance. In 2004, Manmohan Singh became Prime Minister after the Congress responded to the then Vajpayee government’s arrogant ‘India Shining’ claims by asking: what did the common man get? “Aam aadmi ko kya mila?” went its counter-slogan.

When the common man re-elected Manmohan Singh into power in 2009, his government became far more arrogant than merely claiming that India was Shining. It couldn’t care less about India’s shine, and even less for the common man. It even stopped pretending to be nice.

This has been felt by the common man most critically in inflation. It may seem that the biggest issue in the 2014 general elections in India is Narendra Modi. It is not. It may seem the biggest issue is corruption. Nope. It is inflation.

The common man thinks, rightly or wrongly, that the rising inflation, especially how food prices have soared, is caused by corruption, in which the Manmohan government has been brazen.

In 2009, after the Congress won a second term, the BJP looked lost in the woods. It was so listless that its mothership, the Rashtriya Swayamsewak Sangh (RSS) asserted itself over the party, something it had found increasingly difficult when Vajpayee was the prime minister. How does the BJP go from there to seeming like a contender for power in just five years? Because of Narendra Modi? No, because of the Congress.

Be it corruption scandals or popular anti-corruption protests or public anger over violence against women, the Manmohan government has typically responded by first ignoring that there is a problem, then trying to solve the problem by brazen bulldozing (police action even killed one anti-corruption protester in Delhi). When that backfires they take to fake appeasement which is not only too little too late, it’s not even genuine.

Narendra Modi is a disaster, an authoritarian once described by social scientist Ashis Nandy as a “textbook fascist”. But can anybody in his right mind say that the Congress should be given a third chance at power?

The Delhi intelligentsia insists Narendra Modi is not going to become prime minister. If you go state by state and see how many seats his party is going to win, it does not become a contender for power. But people say so often that he won’t become prime minister that it betrays their anxiety. It is quite possible that the BJP manages to build a ‘wave’ in UP and Bihar and surprises everybody. The Lok Sabha election results tend to be the opposite of what the Delhi intelligentsia expects. They thought Vajpayee would win in 2004 and that Manmohan may not win in 2009.

Given that we are stuck with the Congress-BJP binary, those of us who are not fond of Modi may have to see him as our prime minister and this should only serve to remind us of the urgent task of creating and encouraging a viable third option.

If Modi becomes PM he won’t be able to rule India like he ruled Gujarat, because there he is unchallenged king and in Delhi he would have coalition pressures to deal with. India has a way of balancing things. “Indian society is centrist in character, rejects extremes,” a young RSS ideologue tells me.

Like the changing colours of a chameleon, Narendra Modi has moderated himself. No longer does he taunt Muslims, instead wants them to come attend his rallies to wash off the taint of being ‘communal’. No longer does he make ‘Mian Musharraf’ an election issue. His comments on Pakistan best illustrate how Modi has become a moderate. In his speeches he has not been indulging in Pakistan-bashing. Blaming Manmohan for not securing the country’s borders, he takes the same line on Pakistan as the BJP: no talks until terrorism exists. Similarly, if he were to become prime minister he would happily change that tack to pick up threads Manmohan would leave, just as Manmohan picked up Vajpayee’s threads.

Just like the Indian government’s Pakistan policy, one hopes India also has a continuum and if Modi were to become PM, it would be business as usual.

The writer is a journalist based in Delhi.

 

 

 

 





 

 

 

 

 

  Crossing the fine line
There is an inverse relationship between anti-terrorism legislation and protecting civil liberties. Is there a way out?
By Ahmad Nazir Warraich

States confronting terrorism and violence have an inverse relationship with human rights. History tells us that the first casualty of extremism and violence is human rights as whenever non-state actors in a country used violence as an instrument of policy, the state has usually reacted by curtailing the space for human rights in a bid to control violence.

The argument always is that state security encroaches on civil liberties. And that it is, therefore, legitimate to limit civil liberties in the interest of state security, saving lives. This is why it has always been seen as an inverse relationship, but rights activists opine that it does not necessarily have to be so.

A state of emergency could be an insurgency, civil war, or other violence. However, the new face of such a state of emergency is terrorism. The most recent example is the post September 11 changes brought about in law in many countries, including England and US.

England declared an emergency and then suspended some obligations it had incurred as a member of the European Convention on Human Rights. Likewise, in the US, the Bush regime — through the passage of the Patriot Act — moved to curtail people’s human rights in the ‘interests of security’ and ‘save lives’. This proved controversial and is believed to have cut back civil liberties of American citizens and foreigners, or aliens, as they are defined in American law.

In support of this view, much work has been done by various rights organisations, such as Human Rights Watch (HRW), American Civil Liberties Union (ACLU), Amnesty International, etc. However, the government took the view that all this was justified on the basis of state security and saving lives. In the opinion of rights activists, the main areas of concern with regard to cutting back on civil liberties are: preventive detention, torture and the right to privacy.

The United Nations General Assembly in a resolution has stated: “The promotion and protection of human rights for all and the rule of law is essential to all components of the strategy, recognising that effective counter-terrorism measures and the promotion of human rights are not conflicting goals, but complementary and mutually reinforcing”

Terrorism is a denial of human rights, and extremists by definition are against democracy. They deny the state and its institutions. States have a duty to protect their citizens and ensure that their human rights are protected.

And the golden thread of justice remains that you are innocent until proven guilty. The states of emergency and consequent laws tend to adversely affect it. Such legislation should not be rushed through, as it was reportedly done in the US and England. It should be well thought out and debated. Hurried legislation leaves loopholes vis-a-vis human rights protection.

The concern is more with the trampling over of rights of the innocent. Many of the measures taken by states with regard to fighting terrorism are necessary to protect the life and liberty of people, but care should be taken to fulfill the constitutional guarantees of fundamental rights. In addition, all counter-terror legislation should be passed through an open, broad-based consultation process so that national consensus can be built behind it.

Pakistan is one of the worst-hit countries by terrorism. In a recent decision, the Prime Minister and his Cabinet have decided to bring changes in the relevant law. As a first step, the Anti-Terrorism Amendment Ordinance, 2013 has been promulgated. Under this, suspects can now be held for upto 3 months.

Text messages, telephone calls, and e-mails may be used as evidence. These measures can be used both against terrorists and criminals in cases such as extortion, kidnapping for ransom, and targeted killings. Additionally, cases and prisoners can be transferred to other stations, probably with a view to lessen the threat to judges, lawyers, witnesses and jail staff.

The criminal justice system in Pakistan is generally perceived to be functioning at less than optimal level. In this background, the conviction rate is low. It is perhaps because of this that the Amendment has been made to change the relevant law so as to make the detention of suspects easier for longer periods, and make more evidence admissible and, thereby, improve the prosecution and conviction rate.

The threat and seriousness of the terrorist challenge is accepted by everyone. However, it is at the same time important to deal with it in ways which respect to the fundamental rights as much as possible. There are a few things which need to be kept in mind in this regard. The first, of course, is the principle of narrow definition. Globally, the tendency has been to define terrorism rather broadly. It is important to define it in clear, non-ambiguous terms.

The second is to provide for due process to the extent possible and the investigation agency should be under the burden of proving the need to use special provisions, which should be subject to judicial scrutiny and not executive scrutiny alone.

In the opinion of many, we have paid the price of being next door to Afghanistan, which was always an unstable area, and not a country till the 18th Century. The country, in spite of its name, which many Uzbeks and Tajiks consider a misnomer, is not the country of Afghans but of Afghans and Turks. These ethnic fault lines have been highlighted in the recent past, especially in the aftermath of US presence.

Analysts opine that external factors and internal handling of affairs over the decades have landed us in a position where we are a frontline state vis-a-vis terrorism, and consequently, a major sufferer at its hands. In Pakistan, the increase in terrorism has been remarkably high by all standards. Over the years, around 40, 000 people have been killed fighting it alone. Some areas of the country are particularly badly-hit and continue to be so, others less so, but the whole country has faced the problem.

There is a universal consensus that it is time to do something about it. Whether to have a dialogue or fight? An additional problem is the overall increase in crime rate in the country, with Karachi perhaps as the epicenter.

There is a need to strengthen the law enforcement agencies, simplify criminal justice system through giving them greater power, as well as through shortening criminal justice process, which could curtail certain fundamental rights, including the due process and fair trial rights, and through giving greater protection to judges and witnesses, which is a positive step.

The debate has been partly ignited by the media and judicial scrutiny of detention and investigative processes being practised in Pakistan. With changes in the law, many of those procedures and processes may fall into the legal domain. This is what the US and UK have also done.

The need to take action against terrorists and punish them as per law is undeniable, as it is the state’s duty to protect the people, however, it is possible to take such legislative, administrative and operational measures that the use is always within the broader scope of human rights and under judicial scrutiny.

The law making should be transparent and open and any violation of the law by the police should also be dealt with as per rules. Special laws and procedures should be time bound, so that once the situation improves; the laws may be either automatically reviewed or repealed.

The writer is a Lahore-based lawyer and political analyst

 

 

 

 

 

 

 

Yeh Woh
The big issue
By Masud Alam

Eid al Azha is gone, and with it all the talk of prohibitive prices of bakras; people still willing to pay insane amounts for a few kilos of meat if it gives them free publicity on TV or raises their social stature in the mohallah; and of bleeding heart appeals against a mass-killing tradition that has no justification in religion, in modern ethos, or in contemporary common sense.

It happens, exactly in this fashion, every year, without fail. Nothing changes, nothing is expected to change, but that doesn’t stop us from talking. We talk not to change anything but to contribute to status quo – the position that we may not have even the most basic of human rights like clean air, water, and toilets, but it doesn’t matter as long as we have the freedom to talk, talk endlessly about anything and everything, about democracy, religion, military hegemony, religion, terrorism, religion …

Let me refresh your memory. Just before Eid we were talking about Gen Kayani’s attempt to retain a foothold in power corridors after his retirement. This talk originated in news media and soon had every pundit worth his or her salt commenting on it. Self-styled political and military analysts bombarded the army chief with critical recommendations, sermons on history and ethics, pointed witticisms and outright slapstick. The campaign gathered wind for a week or so – which is the average age of an issue, any issue, on the minds of Pakistanis – until it was punctured by the general himself who stepped up to point out that the media was breaking a basic principle taught in Journalism 101, that of verifying information before running with it.

There was no truth in the premise on which every media person was passionately commenting. You’d think it must have been a sobering moment for news media? Not really. The hacks are used to the situation; doesn’t embarrass them anymore. And what about the consumers of media? Do they follow these ‘issues’ or do they dictate them as the media likes to believe?

Let’s see, before Gen Kayani we berated attacks on religious minorities and cried at watching scenes of carnage outside a church in Peshawer; we were jolted into compassion for Baluchs when the Awaran quake struck; we were horrified to learn of the gang rape of a girl child in Lahore … and all this within a period of roughly one month, and media led the way in making these our national issues.

Are these worthy issues? Indeed they are. Was it good that we made a lot of noise on each of these issues? Of course it was awfully good. Then what is my problem? It is that we are more concerned with protest than the realisation of what we are protesting against. It’s like ticking a list of worthy causes one has raised voice on. The liberal media person, including the blogger and Facebook user, is as shifty in their loyalty to a cause as they are committed to every cause. The result: we keep running from one to the other issue, without seeing the end of any.

Give us an issue and we’ll talk. We’ll talk, we’ll roar, we’ll cry, we’ll condemn, we’ll appeal and we’ll demand … and then conveniently forget it and move on to the next issue. Here is the tough question: Which issue among the four mentioned above, can you not afford to stop talking about? Compared with all the issues you have faced in your life and all the issues you are likely to face, what stands out for you as something that is closest to your heart? That has to be fixed however dumb your governments are, whatever the level of incompetence of the officials, and whether or not we live in a democracy?

It’s your children. You do not want them abused or harassed, or bullied. This is one point, and the only point that connects us all, whether we are rich or poor, highly educated or illiterate, urban or rural, powerful or powerless, religious or faithless, smart parents or duds. Children connect us all through their sheer vulnerability and our absolute power over them.

Chief of Army Staff stays another three years or not does not make any difference to your personal life. A few more terrorist attacks will not mean anything to you if your near and dear ones are not affected. Baluchs kill outsiders and are killed and kidnapped by army is an issue you have always been ambivalent about. But you do strongly wish to protect your children.

There is only one way to protect YOUR children: have systems in place for the protection of ALL children, because with kids it’s all or none. Let’s make noise over it for as long as we have to, despite the big ‘issue’ breaking next week.

masud.dar@gmail.com       

 

 

 

 

 

 

 

issue
The politics of CII
The Council continues to exist as an ineffective and regressive institution
By Waqar Gillani

Dismissing DNA test as primary evidence, setting aside the suggestion for shelter homes for homeless elders, objecting to the amended laws that protect women’s rights, and shooting down the proposal of giving strict punishment to those who abuse or misuse the most sensitive (read controversial) blasphemy law by lodging false reports to settle scores. These are some of the most striking examples of how Pakistan’s Council of Islamic Ideology (CII) is moving forward in recent months in its advisory capacity.

The Council, judging by its existing structure, comprises mostly politically-appointed clerics. There are exceptions, too. One of the recently-appointed members — Maulana Tahir Mahmood Ashrafi — is known as the only voice of dissent against the afore-mentioned decisions.

Chairman CII, Maulana Mohammad Khan Sherani, is a veteran member of the Jamiat Ulema-e-Islam Fazlur Rehman group (JUI-F), appointed to the seat allegedly as political bribe in a coalition government when Asif Zardari was the president of the country.

Clinching the CII chairmanship was a JUI-F dream. During Gen (r) Pervez Musharraf’s regime the JUI-F tried its best to get the slot as a political bargain but failed. This time, the JUI-F is supporting the ruling PML-N with its less than 10 seats in the National Assembly following a secret commitment from Nawaz Sharif that they shall be allowed to continue with the CII office.

Unfortunately, both PPP and the PML-N that have ruled the country thrice each since 1988 have been taking an opportunist position on the issue of the CII. These parties have been using it as a political tool for gaining power in the parliament while the religious parties have been viewing this office as a tool to appease their constituency.

The CII was established as an advisory council in 1962 under Article 199 of the Constitution of the Islamic Republic of Pakistan 1962. Later, the advisory council was re-designated as the Council of Islamic Ideology in Article 228 of the 1973 Constitution with its functions given in Article 230, followed by the Rules of Procedure (Article 231).

The Council comprises a minimum of eight and a maximum of 20 members, including the chairman, representing various schools of thought, with at least two of the members to be sitting or retired judges of the Supreme/High Court and one member to be a woman and at least four members to be scholars who have done research in Islam or given instruction for at least 15 years.

Article 230 of the Constitution clearly reads that the “CII shall submit its final report within seven years of its appointment and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both the houses and each provincial assembly within six months of its receipt. And, the parliament, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.”

The Council took about 23 years to submit the report to the parliament. Ironically, the final report, which was submitted in 1996, has not been brought on the floor of the house even after 17 years. The Council, which represents different schools of thought and sects, surprisingly, has also failed to draw the basic principles of guidelines to date, a mandatory role of the Council for consensus and guiding the government on legal affairs.

Referring to the above-mentioned final report, some experts say, the Council stands abolished constitutionally after completing its mandate in 1996, which was entrusted to it in 1973. These attempts were taken in 1997 during Nawaz Sharif’s second regime; during the rule of former military dictator Pervez Musharraf; and in 2010 when the PPP was in power.

However, the attempts never materialised due to obvious political compulsions.

There have been suggestions that there should be a constitutional amendment to do away with the Council because of its ineffectiveness and the existence of the Federal Shariat Court, and also to save any additional costs of maintaining a redundant body.

The suggestions include that some of the functions of the Federal Shariat Court and the Council be clubbed. The present staff recruited by the Council may be absorbed in the Federal Shariat Court and those working in the Council on deputation may be sent back to their parent departments.

The biggest criticism on the CII is its conventional and political approach. In one of its recent shocking declarations, an absolute majority of the Council rejected DNA evidence as conclusive proof in rape cases.

Ironically, this declaration against the scientifically-advanced and universally-accepted methodology is contradictory to a decision ordained by the former Judge of Federal Shariat Court, Syed Afzal Haider, who has termed it as acceptable evidence.

In the debate on amendment in the blasphemy law and its misuse, the Council dismissed strict action against those who misuse the name of the Prophet Mohammad (peace be upon him) to settle their scores by lodging false blasphemy cases.

One of the sitting members of the CII, former Justice Nazir Akhtar of High Court is supposed to have said in 2000 that anybody accused of blasphemy should be killed on the spot by Muslims as part of their religious obligation without caring for legal proceedings meant for a blasphemy accused.

The hardline approach and the orthodoxy of the Council coupled with its failure to respond to the needs of the time and accept the realities of the modern world is a negation of ‘Ijtehad’ (a fresh thinking and interpretation).

Moderate and progressive sections of civil society have been demanding abolition of the CII for the past many years. They say the CII has increasingly become an assembly of hardliners who reject reason and follow the conventional path instead of prompting a new discourse.

Either the CII be abolished or its idea re-visited to bring it out of its archaic thinking.

vaqargillani@gmail.com

 

 

 

 

Sceptic’s Diary
Symbols we need to celebrate
By Waqqas Mir

We live by symbols, wrote Justice Felix Frankfurter of the Supreme Court of the United States. Frankfurter had the flag of his country in mind. But it is hard to see how courage and its symbols — for a nation at war and in search of peace — are any less important.

The first realisation has to be that we are at war; there are no two ways about it. This war has cost us thousands of lives, limbs and most importantly our dreams. It has fundamentally changed what our home represents. Therefore, celebration of every symbol of our courage is important.

Malala Yousufzai is one such symbol. That alone is reason to celebrate her. But since one of the first casualties of systematic terror is sensitivity and empathy for human suffering, there is no shortage of Malala’s detractors. There are many arguments aimed at discrediting what the intrepid mind and person of Malala has achieved but one that I hear most often asks “why celebrate her and not the others?”.

This question misses the point completely. Celebrating Malala is not an insult to the suffering or courage of others but in fact supplements the collective tribute deserved by all those standing up to or suffering because of terror. Malala represents what we must cherish in this war and our search for peace — she sums up the innocence being targeted, she represents an acknowledgement of a problem, the courage to speak out against it, the passion that defies the temptation to give up on our dreams, and to do all this and more in a way that preserves a society that wants to learn from and teach its children.

Rosa Parks was not the only American woman who stood up against segregation on the basis of race. And yet she is remembered today as its most enduring symbol. Why? Not because her story trumps others but because of her will that stood out in that moment in time to push ahead for rights of others. Why does she inspire more than others today and why do American Presidents mention her in their speeches? We might never know but people studying management and leadership do tell us that a complex set of factors shapes how and why some people inspire more than others.

It is clear, however, that inspirational people must themselves be seen to be leading by example or they must set in motion a chain of events that bear their names. This does not mean the struggle of others is any less worthy but it does mean that we need symbols to celebrate. And that symbol celebrates all efforts.

We celebrate Malala today not just as an individual. Her personal story indeed matters a lot and deserves celebration — but just like many others. We celebrate Malala because she represents something that inspires us. And when she inspires us, she carries within her spirit and in her words the courage of all those like her.

And if you disagree with her power as a symbol then all you need to do is ask the TTP why they wanted to target her? Why does TTP write a letter to Malala and not others? Because our enemies realise what we are ignoring — we live by symbols.

Conspiracy theories in Pakistan are a direct result of the way we teach our school children. As I wrote in this space earlier, if we always represent Muslims as benign, peace-loving and magnanimous rulers or people then this will lead to delusions. If we never confront the possibility that people, regardless of religion and sometimes because of distorted interpretations of religion, can resort to violence seeking naked power then no one should be surprised by conspiracy theories.

The ideology of Pakistan has always been represented to be under threat. Again, notice the importance of a symbol and how the state seeks to protect it — by hook or by crook, often both together in all ways ghastly. We see ourselves as a teenager and the world is against us, it wants to stop us from realising our potential. The irony is that in this delusional space of mind, we imperil our own teenagers the most. Malala is only one such teenager. And if someone has an issue with celebrating her story alone then I invite them to represent what this country needs in ways more effective than Malala.

Malala and children like her are asking questions of us that we do not want to confront. She and others like her represent what we have conveniently ignored — that there is no great foreign conspiracy, that private organisations in this country harbour, train and brainwash militants who are opposed to everything that needs protection.

Will Malala be the saviour that we need? Of course not. Because our saviours come in sherwanis, on horses or sporting beards. They almost always challenge non-Muslims. But just like passionate constitutional lawyers argue over sustainable interpretations of words in the constitution, we need to start debating over interpretations of religion. Our enemies are within us. Malala confronts this. If we love our children, we must do so as well.

I hope we remember that while this eid is a time of sacrifice, we will not continue sacrificing our common sense and fellow citizens to people who claim to be God.

The writer is a practicing lawyer. He can be reached at wmir.rma@gmail.com or on Twitter@wordoflaw

 

 

 

 

 

 

 

Timber rush
In Diamer district, despite many policy changes, illegal timber trade remains unchecked
By Aoun Sahi

Landslides and tree stumps are two constants on 45-kilometre-long picturesque road that leads to Babusar top from Karakoram Highway (KKH) in Diamer district of Gilgit-Baltistan region. There are a few scattered villages in the valleys along the road.

This area was once thickly forested but is now almost tree-less. “We call it Thak valley. Once it was known for its forests. Today one is unlikely to find trees to build a house with,” says Ghulam Nabi Raikoti, an environmentalist and owner of a tour company from Fairy Meadows.

Fairy Meadows is one of the few areas in Diamer district where forests are protected by the local communities.

Illegal tree cutting and timber smuggling has been rampant in Diamer district since the 1990s which comprises more than 90 per cent of total forests in the Gilgit-Baltistan region. The situation, however, became worse after the controversial timber movement policy for Diamer district was introduced by former prime minister (PM), Raja Pervaiz Ashraf, just a day before his term expired in March this year.

Under the policy, the PM, who was also chairperson of Gilgit-Baltistan Council, allowed the transportation of four million cubic feet (cft) of timber from Diamer to other parts of the country. In addition to the legally-cut 2.0 million cft of timber, which locals claimed had begun to decay, the policy also stated that around 1.9 million cft of illegally-cut timber could be traded after contractors pay a fine that varies, depending on the type of trees.

The policy was meant to dispose off the illegal timber which was cut at least two years before the policy was promulgated. But it resulted in felling of thousands of fresh trees in the district. Mian Nawaz Sharif’s government withdrew the policy on July 5, 2013 but the locals say the action came late.

“At least 200,000 trees were cut in Thor and Batoga valleys in Diamer from February to July,” Khan Muhammad Qureshi, 26, an activist from Diamer who now lives in Islamabad, tells TNS.

His village is situated only four kilometres away from Babusar pass. “Local influentials, communities, politicians and forest officials are involved in the illegal trade. In most of the cases, timber mafia pays only Rs25 to Rs50 per cft to the local community,” he says.

“They do not put a date on the notification. Many contractors have passed away but the forest department officials have been using their names to cut trees in the region,” he says, adding, instances of flood and landslides have increased manifold in Diamer district in the last decade or so. “Rain patterns have changed and the climate has become warm.”

Zamurrad Khan, divisional Forest officer Darel and Tangir refutes these allegations. He says the policy in 2013 allowed trade of the trees cut over the last many years. “It is not true 200,000 fresh trees were cut in the last few months. Between March and July, only 426,000 cft of timber from this division was transported down country. The forest department lacks resources and human resource to look after the forests in Diamer. I have only six forest guards for three ranges. Only one range, Khamber, is situated over a 400-square-kilometre area,” he says.

Further, he adds, “when people engage in illegal timber cutting, they depute two to three guards with AK-47 while our guards have nothing. How can they stop them?”

An official report of the Forest, Wildlife and Environment of G-B reveals that forest officials have shown 2.0 million cft of illegal timber trade in Diamer which is incorrect. Zamurrad Khan was head of the team mentioned in the report.

The volume of timber trade mentioned in the policy has never been verified by a third party. It was given by the officials of the forest departments on ground.

The cutting of fresh trees started a few months before the promulgation of policy in March this year because the timber mafia was informed in advance,” a senior official at the Forests, Wildlife and Environment Department tells TNS on condition of anonymity. He suggests, “Let this timber decay once and for all. It would be a loss of a few billion rupees but it would save our forests in Diamer. We need to give lessons to timber mafia that illegally-cut timber would not be accepted at all.”

On May 2, 2013, conservator of parks and wildlife Gilgit-Baltistan wrote a letter to the secretary Forests, Wildlife, and Environment Department of the region mentioning “mega-corruption and misappropriation” around timber disposal policy 2013 — but no action was taken.

Diamer is a unique case in Gilgit-Baltistan region as far as management of forests is concerned. Almost all forests in the district are private. The government of Pakistan has accepted the private ownership of forests under the Accession Deed of Diamer district in1952. The government of Pakistan first introduced rules for management of private forests in Diamer in 1958 by allowing the removal of dead, dying, damaged and over mature trees. In 1967 all the contracts were suspended for three years after excessive damage to the forests. Gilgit Private Forest Regulation was promulgated in 1970.

Rules under this regulation provide access to forest resources for communities residing in the vicinity of the forest; these rights include the free grant of trees, grazing and collection of dead/dry trees. Grazing is allowed only in those areas that are not closed for regeneration. The local communities have ownership of the private forests in Darel, Tangir and Chilas but their management is the responsibility of the forest department.

For various reasons this arrangement has failed to ensure sustainable management of these forests. Regeneration of the felled areas had been left to the felling contractors who never bothered about it. The communities hardly ever pressurise contractors for regeneration mainly because influential contractors of Diamer sub-lease the contracts for huge profits.

Officially, Pakistan put a ban on commercial logging in 1993 after the devastating floods in 1992. It was meant to check deforestation and watershed degradation. But since then the government has several times altered policies to dispose off legal and illegal timber from the district — by stating “relaxation shall be the last opportunity where after it shall not apply again anywhere”.

After every five years or so, the government issues policy directives, providing opportunity to timber mafia to dispose off the timber it collects in Diamer. During the last decade, three such directives were issued — in 2002, 2008 and 2013.

“It is literally encouraging timber mafia to cut trees for years, store them near KKH and wait for a few years for the new policy to dispose it off. This business is like drugs business. The ratio of profit is several hundred times of the actual investment,” says Khan Muhammad Qureishi, an activist from Diamir who now lives in Islamabad.

Khadim Hussain Saleem, secretary Forest, Wildlife and Environment GB says most of the timber mentioned in the policy is old timber. “Some of the timber is as old as 15-years. I do not think fresh trees are cut. We suspended 10 officials of the forest department in Diamer two weeks ago after getting complaints about their inefficiency,” he says.

 

 

 

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