New Government & Governance Issues
NAB to be abolished
On March 29, Premier Yousaf Raza Gillani said the National Accountability Bureau (NAB) would be abolished and its cases would subsequently be taken up by normal courts. He said that NAB has miserably failed to perform its functions and is used for political motives. He further said that the Government would ensure an independent judiciary and system of justice where no one could escape being held to account. He said that he had taken the first step to restoring the judiciary by releasing detained judges of the superior judiciary.
Committee Set-Up on Judges Return and FCR
In the first meeting after taking oath, the new Cabinet during a meeting with Prime Minister Syed Yousaf Raza Gillani in the Chair, constituted two committees to recommend implementation of the Murree Declaration for the restoration of Judges and amendment in the Frontier Crime Regulations (FCR). Minister of Information and Broadcasting Sherry Rehman said that both the committees would be headed by Law Minister Farooq H. Naek while the members of the Committee would be nominated after consultation of the allies of the Pakistan Democratic Alliance (PDA).
Implications of Repealing FCR – Analysis by Dawn
Prime Minister Yusuf Raza Gilani announced the abolition of the Frontier Crimes Regulation (FCR) without actually knowing what the 1901 British law is going to be replaced with and more importantly: what would be its implications? Little wonder then that at least two of the PPP’s allies, both from the NWFP — the ANP and the JUI (F) — came out with reservations. The ANP acknowledged that while its leadership had been consulted about” generalities”, it had not been consulted on the specifics of FCR, which, according to the ANP’s provincial President, Afrasiab Khattak, is the “most investigated and non-implemented law”. The ANP, he said, would like to retain the FCR with some amendments, something that the JUI (F) and a vast majority of the tribesmen would also like to see. Maulana Fazlur Rehman told that he too was not consulted and warned that any such move would entail grave implications for Pakistan. The FCR presently in vogue in the seven federally administered tribal regions and six Frontier Regions basically explains relationship between the state and the tribes on the one hand through an indirect form of governance; and on the other lays down procedure for dealing with inter-tribal matters. But the British-era law has been coming in under a lot of criticism from human rights activists, the civil society as well as a section of the tribal people. The very draconian nature of some sections of the law, chiefly the Frontier Crimes Regulation 40, a preventive law pertaining to good conduct that has been grossly misused by the political administration to keep people under detention for longer periods of time than the stipulated three years for peace-keeping it provides for on non-acceptance of sureties by the accused.
The other most controversial sections of the law pertain to collective responsibility and territorial responsibility.
Section 21 (Collective Responsibility) empowers the administration to direct the confiscation of all or any member of a tribe and all or any property belonging to them or anyone of them, if the tribe, or any section or member of such a tribe, are found acting in a hostile manner towards the government or towards people in the country.
Section 22 (territorial responsibility) empowers the administration to impose a fine on an entire village if there appear to be good reasons to believe that the inhabitants of the village have connived with, or abetted in the commission of an offence or failed to render assistance in their power to discover the offender or to effect their arrest.
Article 246 and 247 of the Constitution deals with the tribal areas _ both the federally administered as well as the provincially administered tribal areas. The Constitution also states that the parliament cannot legislate for the tribal regions unless the president so directs.
The irony is that legislators from FATA can take part in legislation for the whole country but not for their own regions. The power to repeal or introduce any regulation in the tribal regions thus rests with the president. Analysts warn that any move to repeal or introduce any regulation in the tribal regions would require delicate handling. What happened in the provincially administered Malakand region following the Supreme Court’s verdict in 1995 that had declared PATA regulation as ultra vires of the Constitution is now for all to see. That decision created a legal vacuum in Malakand and led to an armed rebellion by Tehrik-i-Nifaz-i-Shariat Muhammadi calling for the enforcement of shariah to replace the defunct PATA regulation – a problem that continues to haunt the government in Swat.
Analysts warn that any move to repeal or introduce any regulation in the tribal regions would require delicate handling. What happened in the provincially administered Malakand region following the Supreme Court’s verdict in 1995 that had declared PATA regulation as ultra vires of the Constitution is now for all to see. That decision created a legal vacuum in Malakand and led to an armed rebellion by Tehrik-i-Nifaz-i-Shariat Muhammadi calling for the enforcement of shariah to replace the defunct PATA regulation – a problem that continues to haunt the government in Swat. Analysts point out to FATA’s special status, its accession to Pakistan and the treaties that Pakistan inherited from the British Empire as a dominion state, an issue also highlighted by Maulana Fazlur Rehman in his speech to the National Assembly on 29 March. Even if any decision has to be taken, argue these analysts, the tribal people would have to be involved and consulted while introducing any law to govern their way of life. Opinion is divided over the FCR and system of administration in Fata, but most analysts agree that FCR should be retained with some amendments, particularly by making it appealable before a special bench of the High Court. “It requires very delicate handling. Changes in the FCR are the need of the hour. But let’s not create a Malakand-like situation in FATA where the state authority has already been challenged by different militant groups. One senior government official with previous experience in the tribal region cautioned that any drastic decision is a sure recipe for disaster.
Surveys/Reports
HRCP Report for 2007
Releasing its annual report on the State of Human Rights in 2007 at the Lahore Press Club on March 29, HRCP Chairperson Asma Jahangir and Director I.A. Rehman said the state of Pakistan was only half alive in 2007, naturally reducing its capacity to guarantee the people’s rights and proving to be one of the worst years in its history, if not the worst. The Human Rights Commission of Pakistan has observed that violation of rights sharply increased in 2007 in the country, and urged the new government to improve governance and prioritise its targets to grasp the nettle. HRCP Secretary-General Syed Iqbal Haider, office-bearers from Sindh, Balochistan and the NWFP, and its members were present at the press conference. Ms Jahangir said former SCBA President Munir A. Malik would be decorated with a medal for his major role in the lawyers’ struggle. Following are the main issues addressed in the report:
JAILS, PRISONERS & DISAPPEARANCES: Prisons housed 95,016 detainees as against an authorised capacity of 40,825. Across Pakistan, 67 per cent of the prisoners were awaiting trial. As many as 134 convicts were executed and 309 awarded death sentence. There were over 7,000 prisoners on the death row.The number of missing persons in lists before the Supreme Court swelled to over 400 before the Nov 3 judicial purge abruptly ended hearings. Ninety-nine out of 198 missing persons on the HRCP’s list before the Supreme Court had been traced before Nov 3.
POLITICAL PARTICIPATION: Police routinely and systematically tear-gassed and beat up peaceful protestors apparently to suppress political opposition to the government. Eighty-eight of National Assembly’s 342 members resigned in protest against Musharraf’s re-election bid in uniform. As many as 107 members did not say a single word on the floor of the assembly during the 4th parliamentary year. The National Assembly passed 51 bills in five years compared to 134 ordinances promulgated by the President. The assembly completing its full five-year term was seen as self-serving exercise by Musharraf to get re-elected. It twice elected in its one term a serving military general as president, according to the report. Draft voters’ lists in June 2007 contained only 52.1 million voters instead of the projected 82 million. The ratio of religious minorities and women among omitted voters was very high and the final list in October swelled to 80.4 million.
FREEDOM OF MOVEMENT: Political leaders, judges, activists and many others were subjected to curbs on their movement throughout the year, and more intensely after the declaration of emergency. Section 144 was widely used by the government as the legal cover for such restriction. The deposed Chief Justice and his family were under house arrest for the most of the year even though the government did not officially announce or admit it. Names appeared on and were taken off the exit control list (ECL) without any reason given and cases were constantly challenged by many on the list which contained hundred of names.
FREEDOM OF THOUGHT, CONSCIENCE & RELIGION: Sectarian violence claimed 580 lives and wounded another 1,120. The militants entrenched themselves in parts of the NWFP and the tribal areas, taking over several towns and implementing their version of Shariah. They also targeted girls’ schools and CD shops and threatened religious minorities to convert to Islam or leave the area, the HRCP noted with regret. The Shia community remained the main target of sectarian attacks. Five Ahmedis were murdered while 36 faced prosecution in faith-related cases. Places of worship and graveyards remained a target of the land-grabbing mafia.
FREEDOM OF EXPRESSION: Unprecedented curbs were placed on electronic and print media following the government’s attack on the judiciary and imposition of emergency. At least seven journalists were killed and 73 injured, mostly by police. Security forces arrested 250 reporters for covering anti-government protests or for demonstrating against restrictions on the media. Pakistan's standing in terms of Press freedom over the last 50 years plummeted to 152 in rankings maintained by an international media watchdog. Another US-based media supervisory organisation included Pakistan among the 10 worst countries for the press freedom.
FREEDOM OF ASSEMBLY: Political and religious gatherings, rallies and demonstrations were usually banned across the country under the excuse that these increased security risks. However, the law-enforcement agencies failed to apply this rule to government-favoured party and groups’ rallies. Women protesters were beaten up and manhandled by men assigned law-enforcement duties on many occasions.
FREEDOM OF ASSOCIATION: All those who were associated with protesting bodies were brutalised by the law-enforcement agencies throughout the year. The government acknowledged the arrests of over 5,000 in November alone. Students in many educational institutions were warned of expulsion if they showed interests in any protest. Various NGOs working for women’s rights, awareness and family planning were forced to shut down or relocate from the Northern Areas after bomb blasts from militants. The government tried to tighten its hold around NGOs by formulating a Code of Conduct, but faced extreme criticism for its closed and faulty modus operandi.
ABUSE AGAINST WOMEN: The number of violations against women remained high and there were countless reports of brutal attacks on them. The HRCP recorded 1,202 killings of which honour-killing crimes were 636. There were 755 cases of sexual harassment in which 377 victims, including 166 minors, were raped, and 354 (including 92 minors) were gang-raped. There were 736 kidnappings, 143 attacks by burning and many other abuses against women.
The assassination of Punjab Minister Zile Huma and PPP chairperson Benazir Bhutto marked 2007 as a deadly year for women politicians. Female students and teachers received numerous threats to their lives and were told to observe purdah (veil). The ensuing bomb scares and blasts at girls’ educational institutions badly affected the attendance and enrolment.
CHILDREN: Around 2,038 juvenile prisoners were awaiting trial all over the country because of the non-implementation of a law made in 2000 for their protection. Children, especially minor girls, continued to be the victims of widespread sexual and physical abuse. At least 258 cases of rape and gang-rape and 138 deaths by killing were reported. Child labour and trafficking remained rampant in 2007. Children in the earthquake and refugee camps were vulnerable to harsh weather conditions, disease, contaminated water and lack of extensive medical attention, the report said.
LABOUR: Unemployment and financial restraints forced people to take desperate measures. There were 330 suicides and 189 attempted suicides due to these reasons. The number of bonded labourers swelled to 17 million. Labour laws were largely ignored and working conditions and salaries were in gross violation of basic worker rights.
EDUCATION: Education became a commodity which only the moneyed people could afford, forcing the poor to send their children to substandard government schools, emerged as another deplorable issue.
HEALTH: The situation on the health front also remained worst. As many as six cases of polio were reported despite the fact the disease had been ‘eradicated’ in the country. Despite the law to prevent organ transplant, the incidence of renal transplant remained high.
Replying to questions, Ms Jahangir said the abolition of the statutory bail system was a major cause for the overcrowding of Pakistani jails. She said the human rights issues were a challenge for the new government which could not resolve these immediately, but must make a positive start in this direction.
Muslims want to live under Democracies: Poll
A major survey that claims to represent one billion Muslims around the world has found that the majority favours democratic rights and representative government, rather than any of their radical alternatives. The overwhelming majority of Muslims strongly feels that the West disrespects both Islam and Muslims, a perception that is broadening the gulf between the world’s Muslims and the West. The United States in particular is seen as exhibiting “cultural disrespect” for Islam, as well as being out to gain political domination of Muslim countries. The acute conflicts in Palestine, Iraq and Afghanistan are major factors that deepen the feeling that the US has little interest in helping their resolution in a manner which ensures that justice is done.
The results of the survey conducted by Gallup Inc, which forms the basis of a book – Who Speaks for Islam by John Esposito and Dalia Mogahed - were released on March 20 th at the Carnegie Endowment for International Peace. The poll conducted over a period of five years, covering 35 countries and 50,000 respondents. Following are some of the findings:
- Substantial majorities in nearly all nations surveyed say that if asked to draft a constitution for a new country, they would guarantee freedom of speech, “allowing all citizens to express their opinion on the political, social, and economic issues of the day”. However, while acknowledging and admiring many aspects of Western democracy, those surveyed do not favour wholesale adoption of Western models of democracy. Many appear to want their own democratic model that incorporates Shariah, which they view as representative of Islamic values and the rule of law.
- They want, both men and women, a model that is democratic and yet inclusive of religious values. In Jordan, Egypt, Pakistan, Afghanistan, and Bangladesh, the majorities want Shariah as the “only source” of legislation.
- The majority of women in virtually every country surveyed, including Saudi Arabia, believe that women deserve the same legal rights as men, to vote without influence from family members, to work at any job they are qualified for, and even to serve in the highest levels of government.
- According to the Gallup poll, 7 percent of respondents think that the 9/11 attacks were “completely” justified and view the United States unfavourably. Among those who believe that the 9/11 attacks were not justified, 40 percent are pro-US, but 60 percent view the US unfavourably. Analysing and comparing the answers of the 7 percent with the moderate majority produced some surprising results. The survey makes it clear that the 7 percent it calls “politically radicalized” because of their radical political orientation, are going to commit acts of violence. However, those with extremist views are a potential source for recruitment or support for terrorist groups. Because this group believes in changing political conditions, it is likely to view attacks on civilians as justifiable. Forty-nine percent of the radicals were found to be between the ages of 18 and 29; while 41 percent of those with moderate views are in the same age range. Political radicals are more likely to be male (62 percent), 37 percent being female. In addition, a minority of suicide bombers has been women.
- The data also show that lack of education and poverty are not key factors among those with extremist views. The politically radicalized, on average, are more educated than moderates: 67 percent of the politically radicalized have secondary or higher educations (versus 52 percent of moderates). Radicals are not more economically disadvantaged: 65 percent of the politically radicalized say they have average or above-average income, versus 55 percent of moderates.
- Esposito and Mogahed, the authors of the book – Who Speaks for Islam – found that when asked in 2002 what they knew about Islam, 54 percent of Americans said “not much”. In January 2007, the number of those who gave the same answer to the same question had risen to 57 percent.
- When Muslims were asked by Gallup what they most admired about the West, the majority replied, “Technology, liberty and democracy.” When the same question was put to Americans, they could find nothing about Islam that they admired. When asked if the 9/11 attacks were justified, 92 percent of Muslims in the 35 countries polled answered in the negative. The 7 percent that justified the attacks could not quote a single verse from the Quran to support their view.
MFIs unable to tackle Rising Competition – Survey
The current flood of investment into the microfinance industry could overwhelm those Microfinance Institutions (MFIs) that are not equipped to meet the pressures of rapid growth and rising competition. The high expectations that people have of microfinance both as a social movement and a financial investment could be disappointed, says a new survey of the risks facing the industry worldwide including Pakistan. Microfinance Banana Skins 2008, published at a time when the sector is undergoing dramatic changes, reveals strong doubts among microfinance practitioners, investors and observers about the ability of many MFIs to adapt to new demands while still retaining their social objectives. Current levels of management experience and financial skills are seen as a challenge for the industry, though these deficiencies are not universal, and are being addressed in many parts of the world. The Banana Skins report reflects the views of more than 300 respondents from 74 countries, and is the most comprehensive survey undertaken of the risk outlook for microfinance. The survey focuses on MFIs with more than $5m in assets which are profitable and capable of commercial growth. These number about 350 and account for the bulk of microfinance assets globally. The survey was sponsored by Citi Foundation and the Consultative Group to Assist the Poor (CGAP), with support from the Council of Microfinance Equity Funds (CMEF) and the Microfinance Information exchange (MIX).
Of the 29 risks - or 'Banana Skins' - identified by the survey, many of the top ones are linked to factors directly under MFIs' own control, such as the quality of management and corporate governance, rising costs, staffing, managing technology, and credit risk. The main risks in the operating environment are bad regulation and political interference, though market risks such as interest rates and foreign exchange are growing as MFIs become more integrated with mainstream markets.
The fastest rising risk is identified as the growth of competition, driven by the appeal of microfinance to outside investors and commercial banks. Competitive pressures are seen to be undermining standards, cutting into profitability and aggravating staffing problems, though they are also spurring innovation and forcing down prices. Unless MFIs can manage these pressures, some could fail and damage the reputation of microfinance more widely. The survey was carried out by the Centre for the Study of Financial Innovation, an independent not-for-profit think tank based in London which explores the future of financial services. The CSFI has been running regular 'Banana Skins' surveys of the banking and insurance industries for more than 10 years, and has taken a close interest in the prospects for microfinance. The 40-page report provides a commentary on each of the 29 risks, and breaks down responses by type and region, providing a detailed view of the concerns by geography and different classes of respondent.
Economic Issues and IFIs
WB Counsels Pakistan Price Adjustments and Reforms to Avert Economic Crisis
A senior World Bank official said that rapid adjustments and reforms are necessary to avert “an economic crisis” in Pakistan. Praful Patel, Vice-President of the World Bank, after a three-day visit to Pakistan said that Pakistan will need international community’s support in the coming months. He said in a statement issued by World Bank’s local office on March 27 that if action is not taken, the economy will start to falter. But with right policies and strong support from multilateral and bilateral partners, we believe the high growth and poverty reduction path can be maintained in Pakistan. Mr. Patel said that high international prices of petroleum products and food items were creating challenges for Pakistan’s economy. Mr. Patel said that countries like the United States and Japan and the European Union were facing the same reality, He said that while Foreign Direct Investment (FDI) and remittances had maintained pace and the stock market posted gains, fiscal deficit, inflation, current account deficit and foreign exchange reserves would miss their target this year. During his three-day visit, Mr. Patel held talks with economic officials and leaders of the new government and discussed ways of protecting poor people in case domestic prices were adjusted.
Donors Reject Government’s Claim on Poverty Reduction
Contrary to official claims, the World Bank and the Asian Development Bank (ADB) say that poverty has increased in Pakistan since 2004 and the new government should take the issue seriously. The banks planned to offer $600 million conditional funding to the new government to check the trend by associating “credible private sector organizations” in the effort. Both the donors want their new funding to be channelled through the Pakistan Poverty Alleviation Fund (PPAF), micro-finance banks and reputed non-government organizations. The World Bank and the ADB would also ensure that their new assistance was utilized in a transparent manner and that complaints of financial irregularities must be addressed by the incoming federal and provincial governments. The funding will be for a three-year period.
The Pakistan Muslim League-Q government had claimed that poverty had been reduced from 33 per cent to 23 per cent and unemployment from over 10 per cent to seven per cent. However, the World Bank and the ADB maintained that poverty had declined only by five percentage points by 2004. A PPAF official said he did not want to go into the controversy about the figures but efforts were being made to lower the menace of poverty. He said that the private organization had been offered over $700 million soft loan by the World Bank over the past few years. He said that our work has been appreciated and now we expect a bigger World Bank funding. He said the new funding would help develop 100,000 new communities to be offered small loans for poverty reduction, health and education. Former Director of Pakistan Institute of Development Economists, Dr A.R. Kamal, said there was some reduction in poverty during 2000-4 but the government’s claim of 10 percentage points reduction was controversial. He said there is no data available to gauge the government’s claim of poverty reduction. |