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Selected News/Columns/Editorials of 20.02.2016
Sat-20Feb-2016
 
 

Possible census delay?

NOBODY ever said that the population census would be an easy exercise. Now that the time has come to deliver on a promise that was made last year to hold the population census by March 2016, suggestions are being floated that the exercise needs to be postponed. 

The latest such suggestion has come from Sardar Akhtar Mengal of the BNP in Balochistan. He has argued that the security situation in his province is not conducive to holding such a large exercise, and that the presence of a large number of Afghan refugees is an obstacle; that they should be ‘repatriated’ (اپنے اصل وطن واپس بھیجے جائیں) before the population count. 

Take a look: Need to create awareness of census stressed

The chief minister of Balochistan and his predecessor have made similar arguments. Earlier, the government hinted that the exercise might prove difficult to carry out according to schedule because of the large number of troops required, which the army apparently cannot spare at the moment given its commitments in the anti-terror operations in the country. 

The census commissioner had told the media in January that he might need more than 350,000 troops for the exercise — one for each of the 167,000 census blocks and more for overall security of the military personnel.

These hints and suggestions regarding the difficulties facing the exercise are coming far too late in the day. The announcement to hold the census was made in March last year, and we have had a full year almost to prepare for the mammoth exercise (بہت بڑی مشق). 

Yet work didn’t begin in earnest until at least September, five months down the road, when the first funds for the immense logistics were released by the finance ministry. Delays have also hit the surveys of the mauzas and blocks along the way. 

The security situation was known all along and it defies understanding why it was not addressed as a priority earlier. Likewise for the presence of refugees in Balochistan and Khyber Pakhtunkhwa. 

If the state can identify who is and who is not a refugee for a repatriation exercise, why can’t it do the same for a census exercise? None of these reasons are convincing when raised so late in the day.

Not only this, the government is also displaying its famous disregard for broadening ownership and stakes in the complex exercise. 

All but one of the members of the governing council of the Pakistan Bureau of Statistics, which is tasked with conducting the exercise, are from Punjab, as are all of the bureau’s executive members. Some of the provincial assemblies have passed resolutions complaining about this. 

Having lost time, and failing to evolve a consensus  (ایک جیسی رائے) among the provinces about the holding of the exercise, the government now appears to be looking for an excuse to back out of its commitment. Let’s hope this is not so.

Published in Dawn, February 20th, 2016

 

Stolen papers

The writer is an author and a lawyer based in Mumbai.

IT is perfectly legitimate for a journalist to publish papers leaked to him by a source. But this is fundamentally different from the theft of a load of documents from the premises of an embassy, ransacked (تلاشی لینا )during armed conflict, and their subsequent publication in a journal of repute published in a friendly country. 

After Sept 11, 2001, the Northern Alliance ousted the Taliban regime. There was utter lawlessness in Kabul. Pakistan’s ambassador, Arif Ayub, was obliged to leave. Less than a year later, the London-based International Institute for Strategic Studies published in its journal Survival an article entitled, ‘The Taliban Papers’ by Tim Judah, a freelance journalist, who had covered the conflict in Afghanistan in October-November 2001.

He wrote exultingly (فتح مندی کے انداز میں): “The fall of the [Afghan] Taliban regime has provided us with … a unique treasure trove of Pakistani Foreign Ministry documents”, and that they “were obtained in Kabul following the collapse of the Taliban”. Undoubtedly, he did not enter Pakistan’s embassy to take advantage of the ransacking. However he could not but have acquired what he calls the “unique treasure trove” from someone who thus acquired them or directly from the culprit or through a chain of handlers. 


The one who purloined the documents was a thief.


The documents cover Pakistan-Taliban relations for “much of the year 2000 and up to June”. Legally and morally, the property in the documents still vests in the Pakistan government. The one who purloined (چوری کرنا) the documents was a thief and the one who received the papers was a receiver of stolen property. This characterisation is not being applied to Tim Judah since he does not reveal how he acquired them. It is never too late to make amends by whosoever is in custody of the papers now.

As only brief extracts are published, we have to depend on Judah’s comments. One must read his article with the memoirs (یاداشتیں) of the distinguished Pakistani diplomat and editor of the prestigious quarterly Criterion. The book is entitled Afghanistan: The Taliban Years and gives a firsthand account of the events including talks with Mullah Omar. Among the extracts are minutes of an envoy’s conference held in Islamabad in January 2001. Arif Ayub’s paper criticised the policy towards the Taliban as did Ashraf Jehangir Qazi, then high commissioner to India. On April 23, 2001, the embassy in Kabul prepared a briefing paper “which gave a detailed analysis of Osama bin Laden’s activities in Afghanistan and his links to other groups”.

But the legal and moral issue remains. US Customs prevented the entry of the papers of the US embassy in Tehran published by the students who had seized the embassy on Nov 4, 1979, and confiscated (ضبط کر لینا) them as stolen property. Entitled Documents from the US Espionage Den, they comprise over 50 volumes and were available for a song in a kiosk ( چھوٹا سا بوتھ ، کھوکھہ، ڈھابا) on the embassy grounds. A whole set was confiscated by US Customs on the ground they were stolen property. Can you imagine the howl of protests in the West if the embassy of any Western power had been ransacked by the Taliban and its papers published by an Asian journalist?

The US embassy was used systematically for the subversion of the Iranian state. Even after the revolution, the CIA tried to enlist Bani Sadr, before he became president, as an informant. Volumes 30 and 31 concern Afghanistan; 45 and 46 contain documents on Pakistan’s relations with the US. The late Agha Shahi, former foreign minister, comes out as a staunch nationalist whom the US disliked. He was characterised as “a strong advocate of the movement away from reliance on the US and toward multilateral organisations”. 

The volumes establish that the US had every reason to suspect a Soviet invasion of Afghanistan but did not act. President Carter writes in his memoirs how his timely warning deterred the USSR from invading Poland. A similar warning would have saved Afghanistan. 

The US charge d’affaires in Kabul was in regular contact with the Russians. A diplomat Vasily Safronchuk saw Amstutz a good deal and discussed — of course, only to discount it — the possibility of Soviet intervention. On May 29, 1979, Amstutz cabled to Washington, D.C. — “The most important question is: can we expect to see Soviet combat troops enter the Afghan conflict? We can only observe that that possibility cannot be excluded.”

The US charge d’affaires Bruce Laingen in Tehran warned his government, well in advance, of the consequences of letting the Shah enter the US. Friendly Iranian officials pleaded with him to keep the Shah out.

Two terrible tragedies would have been averted if only the US had listened to its own diplomats; scholarship has been remiss (غفلت) in its neglect of the Tehran documents. Some were shredded as students attacked the embassy. They painstakingly pieced them together and published them.

The writer is an author and a lawyer based in Mumbai.

Published in Dawn, February 20th, 2016

 

Let’s bury another daughter

At the same time that two Pakistani/Pakistani-origin women were being feted for their extraordinary achievements, a third was so despondent (مایوسی کا شکار ،in low spirits from loss of hope or courage)regarding the road blocks in her path to an education that she was taking her own life.

Yes, this is a tragic paradox (اندرونی تضاد پر مبنی بیان) called Pakistan. Reminiscent (یاد تازہ کرنیوالی) of Dickens’s A Tale of Two Cities, such extremes of fortune and fate are nearly an everyday occurrence in this land of the pure. God knows who was culpable (قابل، تنقید )in this particular instance but each one of us must bear the cross for the general state of affairs.

Where bad news has become the norm rather than the exception, the news that Pakistan-born astrophysicist Nergis Mavalvala was part of a team of scientists who identified/detected gravitational waves and verified what Einstein propounded in his Theory of Relativity 100 years ago was readily hailed by most Pakistanis with considerable pride. 

Also read: Nergis Mavalvala, Pakistan’s unexpected celebrity scientist


That a young girl, who battled so many challenges as she tried to seek an education, should kill herself is a damning indictment of the system.


It didn’t matter that Dr Mavalvala left Karachi, where she was born and where she attended the Convent of Jesus and Mary, and migrated as a teenager along with her family before graduating from Wellesley College, US, and then going on to do her post-graduation and doctorate from the prestigious Massachusetts Institute of Technology where she currently teaches, and does her research.

She herself acknowledged the role of her physics teacher at her Karachi school in giving her every opportunity to use the lab and experiment as and when she deemed fit. This furthered her curiosity. Her love of astronomy is also said to have its roots in the night sky over the city where she says she used to go up on the roof her block of flats and observe the stars for hours.

Frankly speaking, it is just as well she went abroad when she did as the academic environment at some of the institutions she was privileged to attend must have fired up her appetite for scientific discovery. She must have received mentoring and encouragement. And she continued unhindered, without facing any discrimination despite making certain personal choices and having preferences which could easily have singled her out in Pakistan and made her a target of the bigots (متعصب)and haters, her brilliance notwithstanding. 

That so many Pakistanis moved quickly to express ownership of and take pride in her achievement as a scientist was pleasing as it was reassuring, for we have a terrible track record of ambivalence towards our heroes such as Dr Abdus Salam. And even the other Nobel Laureate, the teenager, Malala Yousafzai.

It was an equally pleasing sight to see Sharmeen Obaid-Chinoy on national television being received by the prime minister at his official residence in the capital where the Academy Award-winning documentary filmmaker secured a pledge from Nawaz Sharif that the laws on ‘honour killing’ would be toughened so all loopholes are excised from them.

If realised, this pledge would be a big step forward as under the existing laws, most murderers who commit their bloody crime in the name of ‘honour’ are able to avoid punishment and go scot-free. To emphasise his commitment to the cause, Mr Sharif also announced that Ms Obaid-Chinoy’s documentary on the issue, which has been nominated for an Oscar, would be screened first at the Prime Minister’s House.

Ms Obaid-Chinoy won an Academy Award in 2012 for her documentary on acid attack survivors and their rehabilitation. Ms Obaid-Chinoy and Dr Mavlavala are on a large and illustrious list of Pakistani women who have battled against the odds at home, excelled in their fields, and brought accolades to the country.

No matter how long this list may be, it is equally true that for every woman who succeeds here, there must be hundreds and hundreds whose ambitions and desires whether educational, professional or in any other field remain unfulfilled and often cruelly so. Saqiba Kakar, a 17-year-old college student, from Muslim Bagh is — was — one of them. Last June, she travelled over 100 kilometres to the provincial capital of Quetta to demonstrate with about a dozen other students from her girls’ college demanding that their institution be given teachers so they could complete their education.

This demonstration was covered, among others, by DawnNews whose archive footage shows an articulate Saqiba, clad in a burqa and hijab, demanding that their right to education be respected. Most of rural Balochistan is conservative but the Pakhtun-dominated Zhob district more so.

The footage broke my heart and lifted my spirits at the same time. These girls, covered in chaddar/burqa from head to toe, had come all this distance, obviously supported by their families so as to secure the posting of teachers at their college, such was their desire and commitment to education.

Since the death of Saqiba, who wasn’t allowed to sit for her board exams and who took her life last week apparently in utter despair, is the subject of a Balochistan government inquiry, I wouldn’t want to go into the specifics of why this happened. 

Know more: No FIR yet in girl’s suicide case

We’ll wait for the inquiry report to be able to say with certainty what happened. Her family does allege that the college principal angered by Saqiba’s decision not to apologise for demonstrating against the administration withheld her examination form, citing inadequate attendance at lessons.

Whatever the inquiry reveals, that a young girl, who must have battled so many usually insurmountable challenges, to seek an education in a remote part of the country was so heartbroken that she killed herself, leaving ostensibly a note lamenting her failure to study further is a slap in all our faces.

How will we react? If I try to answer honestly I am filled with sadness. For the next few days the media will keep the issue alive. Then we’ll move on to the next story and that’ll be that. We’d have buried another daughter and have moved on. Yes, that’s what I think will happen. It always does.

The writer is a former editor of Dawn.

abbas.nasir@hotmail.com

Published in Dawn, February 20th, 2016

 

The right to information

AFTER the new governments of KP and Punjab passed their respective, internationally acclaimed Right to Information (RTI) laws and established their independent information commissions in 2013, it was only natural to expect Sindh and Balochistan, and the federation to replace their restrictive freedom of information laws with more progressive RTI laws.

Unfortunately, this has not happened so far. Although the two provinces and the federation have repeatedly expressed their intention to introduce new RTI laws in their respective domains, action on this has been extremely slow and appears stalled in some cases. 

International experience indicates a strong link between effective RTI laws and good governance. RTI laws and the associated institutions have, therefore, become a symbol of a society’s commitment to good governance. This also explains the growing popularity of RTI laws the world over. Only 19 countries had RTI laws before 1995. Today, 107 countries have RTI laws and most of them have dedicated institutions to promote their effective implementation and to hear complaints against executive delay or denial of information to citizens. 


International experience indicates a strong link between effective RTI laws and good governance.


The same kind of relationship seems to prevail in Pakistan. Sindh, which, according to several surveys and assessments, does not do so well in the context of good governance, has the weakest legal framework and implementation of the right to information in Pakistan. Its Freedom of Information Act, 2006, though has not been operationalised as the provincial government has failed to frame the required rules for the last 10 years. 

In a recent score card of the four provinces and the federation, Sindh scored the least with a dismal 24pc score. The federal government’s position is not much better; it scored 24pc and was placed fourth among the five governments. Balochistan was third with 29pc. KP and Punjab which have promulgated better laws have scored 73pc and 65pc and in the first and second position respectively.

It is a vicious cycle in which poor governance obstructs the introduction of better RTI laws and the lack of effective RTI laws in turn impedes good governance. It is time the two provinces and the federation broke this vicious cycle by promulgating new RTI laws and established independent information commissions as has been done in the case of Punjab and KP.

Recently, Pakistan’s acclaimed draft of the federal RTI bill has shown some progress towards the eventual passage after two years of not being discussed by the federal cabinet. Recently, the federal Ministry of Information, Broadcasting and National Heritage announced that the government had constituted a five-member committee to propose revisions to the federal draft RTI bill in the light of the current security environment. In fact, there is already an exception clause in the proposed bill preventing disclosure of information that legitimately harms national security. However, many countries in the world have thought it necessary to enact further measures to prevent unauthorised disclosure of information harmful to national security. India, which is supposed to have the third-best law in the world, has granted immunity to 18 civilian and military agencies performing intelligence and law-enforcement functions. 

America has an expansive body of legislation limiting authorised disclosure and preventing unauthorised disclosure of information classified to protect national security, defined broadly to include certain aspects of foreign affairs as well. Even Canada, a country with arguably lower threat perceptions than Pakistan, has exceptions covering certain types of intelligence, military and diplomatic information. 

Some quarters may feel that the current clause preventing the disclosure of information harmful to national security is inadequate and that this leaves much to the discretion of the proposed information commission.

At the same time, blanket immunity for certain institutions preventing any authorised disclosure of information pertinent to national security is not optimal either. Such immunity does not prevent unauthorised disclosures, even if there are strict penalties for officials found guilty of such an act. 

The Official Secrets Act was (and still is) in place in Pakistan when the Hamoodur Rehman and Abbottabad Commission reports were leaked. 

The US had a number of laws, including the Counterintelligence and Security Enhancement Act, 1994, the Espionage Act of 1917, and Executive Order 13526 in place when the information leaked by Edward Snowden hit the airwaves. 

Our policymakers must realise that citizens of the information age have developed an appetite for information on the performance of public institutions. This demand is likely to be met through unauthorised disclosures if the legislation governing information pertinent to national security restricts authorised disclosures absolutely.

The debate on giving or keeping back information pertinent to national security may, therefore, continue but it should not be allowed to obstruct an early passage of an effective RTI law even if that law has maximalist exceptions with regard to the security sector. 

A vast majority of the public is interested in information on subjects other than just security and their right to information should not be curbed because of conflicting perceptions on what should be allowed to be disclosed regarding national security. Laws are dynamic documents and as the country develops some kind of a consensus on the extent of information that can be disclosed regarding the security sector, the RTI law can be further amended. 

We must realise that the passage of the federal RTI bill will be the first step in introducing a comprehensive system governing the disclosure of information. People on both sides of the debate must push for a system that minimises the discretion of officials and establishes clearly aligned sets of rules governing the disclosure and protection of information. 

It is now time for the passage of a progressive, effective and international class RTI act, not only at the federal level but also in the remaining two provinces, even as an open discussion between policymakers and civil society continues on exactly how this system will balance concerns of the public and the executive.

The writer is the president of PILDAT.

Published in Dawn, February 20th, 2016




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