An aberration removed

MONDAY’s judgment by the Supreme Court annulling the condition of college graduation imposed on contestants to national and provincial assembly seats is based on natural justice and, therefore, welcome. The argument put forth before the court by Attorney General Malik Qayyum that the condition barred 97 per cent of Pakistanis from contesting elections and was discriminatory was the sanest point to come out of the gentleman’s mouth in months. By removing this aberration on the basis that it contravened articles 17 and 25 of the constitution, the apex court has cleared the way for non-university graduates to contest polls, restoring the original clause in the basic law on academic qualifications or absence thereof. That said, the timing of the judgment, like much else, is bound to give birth to speculation at a time when the coalition government is all set to restore the judges sent packing under the Provisional Constitution Order of Nov 3 last year. There will be many who will see the judgment as facilitating the PPP co-chairman Mr Asif Ali Zardari whose university degree remains a mystery. The party has so far denied that there may be a connection between the timing of the judgment and Mr Zardari’s wish to stand for election and subsequently be a prime ministerial candidate. Mr Yusuf Raza Gilani is said to be the party’s choice for the top slot for a full five-year term. If true, Mr Gilani need not be a worried man just yet.

The court’s annulment of the academic qualification clause for MPs comes as another indictment of the tailor-made system put in place by Gen Musharraf in the run-up to the 2002 elections. It was more likely aimed at keeping certain individuals out of the election arena, because the argument that university graduates — and intriguingly madressah certificates of the maulanas were held to be on a par with college degrees — were better qualified as lawmakers was flawed from the word go. Not surprisingly, the outgoing all-graduate parliament was perhaps the weakest in terms of the lawmaking that it undertook. Instead, ironic as it was, it took pride in rubber-stamping the president’s diktat — fair or otherwise. Moreover, many who couldn’t qualify sent in their offspring and pulled the strings from behind. Another discriminatory and controversial clause inserted into the basic law by Gen Musharraf and which restricted the prime minister’s tenure to two terms also needs to go. It is against the norms of parliamentary form of government anywhere. Though Ms Bhutto’s tragic death prevented her from becoming a beneficiary of the repeal of the relevant clause, there will be little stopping Mr Nawaz Sharif from seeking its repeal — which is just as well.

Securing envoy’s release

UNCERTAINTY still surrounds the identity of those who kidnapped Ambassador Tariq Azizuddin more than two months ago. There are contradictory reports about the group behind the crime. The Tehrik-i-Taliban Pakistan has denied its hand in the kidnapping. The government, even if it knows who the kidnappers are, is understandably taciturn. Its priorities are correct: Ambassador Azizuddin’s life comes first. For that reason, it has refrained from going public with such information as it has. But the timing of a video — released more than a month after it was taken — indicates that those holding Azizuddin are trying to apply more pressure to secure concessions. The video release also means that talks are indeed taking place between the government and the kidnappers, and one can only hope that the negotiations succeed and Azizuddin is reunited with his family in good health.

One does not know what to make of reports in the international media. The BBC and Al-Arabiya TV have reported on the video and the TTP’s purported demands in a way that cannot be dismissed lightly, unless proved wrong conclusively. That the Taliban want the release of some of the militants now in government custody goes without saying. Their first priority is Mullah Ubaidullah Akhund, deputy to TTP leader Mullah Omar. He carries head money of one million dollars. They also want the release of the major suspects arrested in connection with Benazir Bhutto’s assassination. Ambassador Azizuddin’s kidnapping, even if by criminals, reportedly came in handy for the Taliban, and they want to make the maximum out of what indeed is a major catch from their point of view. Azizuddin’s continued captivity should prompt the newly elected government into re-examining the entire range of its policies toward the militants and the situation in Fata. The failure of the policy so far pursued is obvious, and even the western allies seem to be coming round to the idea that the two sides must talk. The moratorium on suicide bombings confirms that the militants are willing to give the PPP-led government a chance. This is a bright side to an otherwise dark picture, and the new government must not let this opportunity slip. While terrorism must be crushed to give the people a sense of security, the strategy so far followed has turned out to be counterproductive because no attempt was made to evolve a political consensus.

Save the Earth

FIRST the good news. Mass awareness of the grave environmental perils facing the planet has probably never been higher than it is today. The naysayers stand debunked and it is now established beyond doubt that man-made climate change is a fact, not merely a theory. Thanks to dedicated institutions such as the UN’s Intergovernmental Panel on Climate Change, the smattering of ‘scientists’ employed by big business to make assertions to the contrary have been discredited at the bar of expert opinion. The state of the environment is no longer a concern shared only by academics, environmentalists and earth-lovers of a happily liberal bent. Much impetus has been provided in this regard by the likes of former US vice-president Al Gore who helped popularise the issue, stressed its urgency and took the debate from the community of the converted to homes and classrooms across the globe. Saving the planet now makes good economic and common sense to people from diverse walks of life. A clean, renewable source such as wind power is already competitive at the retail stage and great strides are being made in biomass, solar, tidal and geothermal energy as well as fuel-cell technology for vehicles.

That said, there is also serious cause for alarm this Earth Day on which organisers are asking people across the globe to make ‘a call for the climate’ demanding “immediate, fair action on climate change” from their public representatives. Global warming is already in evidence in the form of desertification, drought and freak weather phenomena. Sea temperatures and levels are rising, posing a serious threat to coastal areas, while the Himalayan glaciers are receding at a rate of 30 to 50 metres a year. In 50 years these key water sources could be gone forever. Biodiversity is being harmed and the food shortage currently gripping the developing world is also linked in part to the early effects of global warming. The food insecurity and loss of livelihood caused by climate change is displacing communities, burdening areas of relative plenty with the influx of refugees and fuelling disputes over land and other resources. The potential in all this for conflict, even wars, is undeniable and has already come to the fore at least in Africa.

The time for ‘business as usual’ is over. Drastic action is needed.

OTHER VOICES - Sindhi Press

Police reforms

Ibrat

The police welfare package announced by the Sindh Home Minister, Dr Zulifikar Mirza must be appreciated as it includes pay raises, enhanced reward money for families of officers lost in the line of duty, structured duty hours for policemen and an increase in the force.

The minister also expressed dissatisfaction over the performance of Rangers and said that they had damaged the law and order situation. They should stay at the borders and away from the cities. A few days ago, at the first meeting of the Sindh cabinet Chief Minister Sindh, Syed Qaim Ali Shah clearly stated that the Rangers will be withdrawn from Sindh. The government should take immediate and concrete steps to implement this decision without delay.

As far as the police welfare package is concerned, it is a long overdue measure as the police force has faced neglect and deprivation for far too long. It is hoped that with the implementation of these incentives, the province will witness a marked improvement in not only law enforcement but also in police attitudes. — (April 18)

Food crisis

Awami Awaz

The continuing food crisis in the country is a direct result of the inefficiency of our rulers. For export purposes, the previous government made incorrect estimates of wheat production prior to the harvest and the actual yield was far less than the ‘guesstimate’ of the authorities. The result was a crippling flour crisis as rulers were more interested in serving the interests of traders than their people. Apart from the hike in wheat prices, its sheer unavailability also caused considerable anguish. There were no checks on sellers who were making it affordable only for the rich.

After wheat, it was rice rates that shot up, which compelled the government to import wheat. Although the flour crisis has somewhat subsided, the raised prices persist.

The government must provide tangible relief urgently. Controlling food inflation should be its foremost priority and this will include a crackdown on smuggling and illegal storage. Besides this, the crop should be made available at reasonable rates to benefit the growers. — (April 20)

— Selected and translated by Sohail Sangi

Promising promises but...

‘DÉJÀ VU’, ‘seen it all’, ‘nothing new’, are the typical comments swirling around in the cynic’s corridors on hearing the prime minister’s ‘100-day plan’.

These comments are justified given the historic tradition of every single government making loud claims of not repeating past mistakes, of being different from the previous government, of being transparent, simple and frugal, and yet falling prey to the many, many political, economic and societal forces which somehow always end up in the familiar political refuge of ‘compromise’.

The government must realise that the public is in an unforgiving mood and will not overlook any default on promises made. To create true differentiation from earlier political offerings this government must genuinely put the voters first and fulfill their expectations in every major area of concern.

Here are some words of wisdom for our new managers in command with regard to delivering on their promises. The government should actually make a list of commandments for the ministers in charge, which ensures that the mistakes made by the previous government are not repeated:

Thou shall do what you say and say what you do: A cut in the budget on the prime minister’s spending is a commendable lead-by-example gesture. However, to make it meaningful, it is important that a complete and detailed explanation of what the expenditures of the ex-prime minister were should be made public. This, in turn, should then be compared with the present cut in expenditures so that the public knows where all this reduction will take place.

Similarly, the announcement that vehicles up to 1600cc are allowable for government officials is a bit difficult to implement considering that the most prevalent engine size is either 1300cc or 1800cc. Also, repealing the FCR or abolishing NAB is not possible without the president’s consent. A reality check on what one says is necessary.

Thou shall not indulge in nepotism and cronyism: The major qualification of most people appointed to important posts in government has traditionally been their being friends with, or fans of, the men in power. Whether it was the appointment of the prime minister, or the head of the ISI, or the head of the Pakistan Cricket Board, as long as one was a Mush buddy he or she was fit for the job. Beware of this trend. This has been the nemesis of many a leader.

Already the hurried appointment of Mr Rehman Malik as prime ministerial adviser on interior affairs, and Mr Hussain Haqqani as adviser has made people wary of more to follow. If the top man sets this example of appointing a couple of his own buddies, each of the 20-odd ministers will follow suit and oblige their cronies.

Consequently, you have almost 40 people in major posts but whose qualification and experience have nothing to do with the job required. Thus a fertile ground is created for the incompetent and irrelevant to mess up an economy desperately needing top class expertise to save itself from doom.

Thou shall keep public priorities above personal priorities: The first two priorities of the government must be to restore peace and prosperity to the people of this nation. That means devising a proactive strategy to trace the root cause of terrorism, developing strategies to prevent and deal with terrorist acts and ensuring that all agencies involved in investigating and dealing with terrorism are held accountable for their actions.

Similarly, the provision of basic amenities to the public has to be pursued with missionary zeal. Provision of water, food and electricity at affordable rates requires creative coordination, unprecedented cooperation at all levels, whereby the best brains representing the differing socio-economic viewpoints of all provinces devise some short-, medium- and long-term strategies to deal with the emergency situation confronting the public.

Thou shall develop a culture of performance, not personality: Politics brings limelight and position power. To these, egoistic politicians become addicted. Most politicians come in with the intention of making a change and fulfilling the expectation of the public, but find it difficult to wean themselves away from the media and power control which is part and parcel of these high-flying positions.

Thus the desire to look good, hear good and assume good overtakes their desire to actually do good and deliver good. The obsessive desire to have their word as the last word makes them resent opposition and rely on people who are never going to show them the wrong side of their actions, thereby blinding them to their own follies.

The country is in such dire straits that if the government does not put in place measurable targets of performance for each ministry and does not hold them accountable for it, it is going to end up with an economy in shambles, a media in hot pursuit, and a public in revolt. It is, therefore, mandatory for their survival that they treat the country as a company which is on the verge of bankruptcy, and has been granted a grace period by its stakeholders to become viable again, or else suffer the ignominy of being wiped out.

Conclusion: The traditional way of managing this country has been through leadership by excuses. This is a convenient way of not taking responsibility for failure to deliver and laying the blame on tough socio-economic conditions inherited from one’s predecessors. However, as we know, leadership comes into play not when it is smooth-sailing, but when the tide is against one and when storms are derailing any effort to move towards the destination.

Instead of harping on what the earlier government did or did not do, the current lot should concentrate on what they can do and prove it. No amount of explanations, justifications and recrimination will pacify a nation sick of being fed on denials and deceit.

All these cries of inheriting an economy with huge problems are thus also an opportunity for this rather rare collection of leaders of various parties to show their mettle and character by not compromising on their promises, by not violating principles and by not giving in to the demands of their fair weather friends.

The need of the hour is display a leadership based on trust, transparency and a tenacious resolve to make and keep promises, to plan and deliver results, to make choices based on principles and values and to infuse a spirit of motivation and pride in this nation. These are not only moral and intellectual imperatives but absolute survival essentials.

The writer is CEO of Franklin Covey.

Judges must be restored

THE post-election public euphoria, and bonhomie among political parties, seems to have given way to a sense of foreboding and a feeling of dismay.

The news from various quarters in recent days is disturbing and reinforces the fear that palace intrigues, combined with pressure from powerful countries, may have finally managed to ‘soften the target’ to use a favourite military euphemism for bombing and killing. The vocabulary of some of the political actors seems to have dangerously metamorphosed following the visits of John Negroponte and Richard Boucher.

First, the defence minister reportedly described Pervez Musharraf as ‘a national asset’ who is good for Pakistan and someone with whom the political forces can work. Then one read about Asif Zardari’s tirade against the deposed judges for not allowing him any reprieve during his incarceration

This was preceded by reinvigorated ties with the MQM and its chief Altaf Hussain, and according to news reports Mr Zardari wanted Nine Zero to be accessible to Bilawal. Later, relations between the two parties soured somewhat. Accompanying all these actions was a news item that the judges would be restored according to a constitutional package in which they would be scrutinised. Amid rumours of restoring some and not all the judges such news items led to anxiety among those waiting to see the implementation of the Bhurban accord in its full spirit.

Lately, PPP sources have sought to dispel misgivings on this count by stating that a draft resolution for the reinstatement of all judges was ready and would be presented in the National Assembly soon. Nevertheless, there has been a great deal of confusion around the restoration of the judges and the future of Pervez Musharraf. Some of it seems to have been deliberately created to obscure the real issues haunting the nation.

First, let us take the issue of the judges to understand why all of them must be reinstated. The issue of the judiciary is not about one man or a few men, for men come and go while institutions continue. The judicial issue is about the institution, its integrity and its independence. Justice Iftikhar Chaudhry is the symbol of judicial freedom and his action of March 9, 2007, has come to stand for the independence of the judiciary.

Those who separate ‘independence of the judiciary’ from ‘restoration of the judges’ simply miss the point. Such people argue that they are not interested in ‘personalities’ but in the independence of the institution. Institutions are made up of, and run by, persons who at certain points in history become signs and symbols representing the institution.

At this critical juncture of our history, Justice Iftikhar Chaudhry, irrespective of his personal foibles, has become infused with meaning — he has come to mean standing up to the establishment and being able to say ‘no’ to an array of uniformed interlocutors. If he is not restored fully and properly, along with the others who followed their conscience and refused to take dictation, a terrible precedent will be set. In future, the removal of non-pliant judges will become easier and more acceptable.

If the nation gives a resounding ‘no’ to the illegal removal of judges, and the mandate of the political parties suggests that the people have done just that, then the political parties must respect this verdict at the risk of losing their massive support. If the political parties fail the people, the latter may not only turn away from the parties, they may lose faith in the political process itself. This would be a real loss for the nation and its democratic development.

Although the news of a draft resolution for the judges’ reinstatement may allay doubts, there has also been confusion among politicians about whether or not a constitutional amendment was needed to restore the judges. The country’s leading lawyers, and a large number of former Supreme Court judges had already given their learned opinion, one can only add one’s layperson’s thoughts on this.

It seems very strange that illegal acts committed by one person would need a constitutional amendment in order to be undone. The illegal acts of any citizen are brought before a court of law and he/she is punished as per the Pakistan Penal Code.

But the spate of illegal acts by one person, whose power is derived from the barrel of a gun, would require a constitutional amendment to be reversed. This seems twisted and suggests that as long as a citizen carries arms and ammunitions, he may dismiss the entire court, make constitutional amendments, create his own court and the only way a legitimately elected Assembly can change all this is through a constitutional amendment. This is preposterous logic and clearly designed to create confusion in the minds of the people.

In other words, one man can make constitutional amendments without the lawful authority to do so, but the whole Assembly and the executive together cannot undo such illegal acts. So why have elections and a parliament or a cabinet? Why waste precious national resources on the paraphernalia of democratic institutions?

It does not make sense to an ordinary citizen why certain crimes cannot be taken cognisance of by a duly elected government. Even high school-level children know that only a duly elected legislature can make constitutional amendments, which is why the previous dictator-driven amendments had to be indemnified by the elected assemblies.

If one man can change the fundamental law of the land, and his hand-picked court put a stamp of approval on an act that benefits that court, then we do not need institutions that represent the will of the people as they become superfluous. If we accept this precedent today, at some future time any military adventurer who wants to usurp all parliamentary and executive powers, would simply need to impose an emergency cum martial law for a short period, remove all the judges, replace them with favoured ones, change the Constitution and there would be nothing to stop him. We will rue the day we accepted such a tradition.

It is imperative for Pervez Musharraf to leave the highly respected office of the president. This office represents the federation, the entire country. It must have legitimacy and acceptance by all the provinces and different shades of opinion. A man who violated the Constitution twice, and mangled and mutilated it single-handedly, cannot represent the nation. If the person at the helm of affairs violates the law how can one expect ordinary citizens to obey and follow it?

The retired general needs to be replaced by a person of honour willing to work according to the limited, ceremonial role of the president within the confines of the Constitution. This means that his powers under Article 58- 2(b) and the National Security Council need to be eliminated so that we can establish a system envisaged by the consensus social contract agreed upon in 1973.