Tuesday, March 25, 2008

Government of President Musharraf must immediately provide list of all disappeared persons

A Statement by the Asian Human Rights Commission

The relatives of disappeared and missing persons in Pakistan will observe the Day of Missing People on March 23, 2008, a national day in commemoration of a Pakistani resolution adopted in 1940 in the united India. On this day the relatives persons will hold protests with the photographs of the missing persons, hold seminars and discussion throughout the country and also show documentary films about “missing of people after arrests” by the state intelligence agencies. This day will be observed under the banner of Defense of Human Rights’ an organization working on the issue of missing persons that has challenged some 485 cases in the higher courts, particularly in Supreme Court of Pakistan in support of the Human Rights Commission of Pakistan’s (HRCP) petitions. The HRCP also issued a report on missing persons.

The phenomenon of people missing after their arrests has escalated since the ‘war on terror’ since 2001. Taking advantage of support from international powers the military government of Pakistan has impunity in keeping activists in incommunicado for several months in the army torture camps. There are reports that since the war on terror was initiated up to now more than 5000 people have gone missing. The nationalists and political groups claim that 4000 are persons including women are missing from one province of Balochistan alone where the military government has been conducting operations since 2001 in an effort to take control of the provinces resources by bombarding the civilian population. Also, 1000 persons are reported missing from the Sindh and from North Western Frontier Province (NWFP). The missing persons from NWFP are from religious political groups who were arrested on the charges of associating with the Taliban and Usama Bin Laden.

The disappearances after arrests numbering in the thousands also pushed the judiciary of Pakistan to play its constitutional role for the protection of the freedom of ordinary citizens, their liberty, the right to be produced before courts and the right to life. One of the major reasons for the removal of Mr. Iftekhar Choudhry as chief justice on March 9, 2007, was when Mr. Choudhry started asking state intelligence agencies and their heads to produce the missing people. Their families were told by various sources that their missing family members were in the captivity of intelligence agencies, particularly in intelligence agencies of arm forces. The assertion of the higher judiciary annoyed the military ruler and he disbanded the whole judiciary later on November 3, 2007. Some of the missing people turned up but still there are thousands of people missing and their whereabouts are unknown. The higher judiciary’s insistence for the production of missing persons also irked the western countries, particularly the USA and Great Britain, who were also involved in pushing the Musharraf government to hand over the suspected “terrorists” without any legal process. Even the arrested persons from Pakistan or other countries were kept in US military camps in Pakistan or Afghanistan without mentioning their arrests for several months and many of them were transferred to Guantanamo Bay. The government of Pakistan and Afghanistan were paid in cash for their cooperation in nabbing the “terrorists”. Still there are 92 Pakistani prisoners in Guantanamo Bay and their presence was only made known to the relatives after one year and in some cases after more than two to three years. The persons who have surfaced after being held incommunicado by state intelligence agencies testified before courts and the media that they were kept most of the time blind folded, mostly in army torture camps, severely tortured and that they saw several people including females in the same conditions as their own.

The government of President Musharraf should immediately provide a list of all those people who were arrested and who have been missing. The armed forces must ensure that all persons in their prisons are either tried in courts of law or are released forthwith. Henceforth, no one must be kept incommunicado.

# # # About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

PPP, lawyers debunk ‘Minus-One’ formula

By Muhammad Ahmad Noorani


ISLAMABAD: Some top legal aides of PPP Co-chairman Asif Ali Zardari have approached certain active members of the lawyers’ community to discuss a formula for the restoration of the deposed judges, which surprisingly does not include Chief Justice Iftikhar Muhammad
Chaudhry.
Justice (retd) Tariq Mehmud confirmed to The News that this strange formula called the “Minus-One-Formula” was also discussed with him recently by a top legal mind in the PPP.Though this suggestion is in complete contrast with what was committed by the PPP and the PML-N top brass in the Bhurban Accord a few weeks back, it is not yet verified if this new formula has the backing of Asif Ali Zardari.
The lawyers’ community, however, rules out such a move to resolve the judicial crisis. Barrister Aitzaz Ahsan, when contacted, said not a single judge would be willing to return to his office if Chief Justice Iftikhar Muhammad Chaudhry is not restored.
He said the lawyers’ movement is for the restoration of all judges sacked on Nov 3, 2007 unconstitutionally and nothing less than a complete restoration of the Nov 2 position of the judiciary would be acceptable.
“Iftikhar Muhammad Chaudhry would be the first one to be facilitated to return to his office and then the 44 judges of the Supreme Court and high courts will follow,” Aitzaz said, adding all the deposed judges are well aware of the situation and will return to their offices once the deposed chief justice returns to his office.
Aitzaz said the lawyers’ community has full faith and believe in the Bhurban Declaration signed by the PPP-led coalition. He said the lawyers have decided in principle to strengthen the hands of parliament and the new prime minister.
Aitzaz also reiterated that lawyers would foil any attempt to subvert the Bhurban Declaration. He also alleged that the presidency was trying to subvert the Bhurban Declaration and pressurising the newly-elected democratic government through international pressure to change its stance on the Murree Declaration.
Another key lawyers’ leader, Justice (retd) Tariq Mehmud said there are few people in the PPP-led coalition trying to convince the lawyersĂ­ leadership that it should agree to the ‘Minus-One-Formula’.
Justice Tariq said it was impossible not only for the deposed judges and the lawyers’ community but also for the whole nation. He said it was Justice Iftikhar Chaudhry, who dared to say no to the dictator and gave a new hope to the nation, and he has become a symbol of an independent judiciary. Any formula which excludes Justice Chaudhry will tantamount to humiliating and defeating the mandate the nation has given to the winning parties on Feb 18.
Justice Tariq said: “I can categorically confirm to you that none of the deposed judges would be ready to return to their office, if Justice Iftikhar, who provided them inspiration to stand by the Constitution of the country, is not restored.”
According to Justice Tariq, a PPP leader tried to convince him that the new PPP government would feel more comfortable with the present Chief Justice Abdul Hameed Dogar instead of Chief Justice Iftikhar Muhammad Chaudhry.“
He (the PPP leader) was trying to convince me to approach Justice Iftikhar so that he should give a guarantee that after restoration he would immediately resign from the office of the chief justice on the very first day he will return to his office,” revealed Justice Tariq, adding deposed Justice Javed Iqbal also stands no chance of reinstatement as he has already accepted a government job meant for retired judges. This would leave Justice Abdul Hameed Dogar as the senior-most judge of the Supreme Court.
Tariq quoted the PPP leader as suggesting: “If you accept this “Minus-One-Formula”, we will restore all other sacked judges in one go and there will be no more problems from any side in this regard.”
Tariq said he rejected the formula and made it clear that the movement of the civil society and lawyers for the restoration of the chief justice and all other judges would continue till the complete restoration of judiciary and the Constitution to the pre-Nov 3 position.
Farooq H Naik, senior lawyer and PPP leader who played an active role in the formulation of the Murree Accord, when approached by The News on Monday said he had no idea of any such formula.
PPP spokesman Farhatullah Babar told The News on Saturday that restoration of the pre-Nov 3 judiciary without Chief Justice Iftikhar Muhammad Chaudhry was out of the question.

(Courtesy The News)

Monday, March 24, 2008

PM Yusuf Gilani orders detained judges freed

ISLAMABAD, March 24 (Reuters): Newly elected Pakistani Prime Minister Yousaf Raza Gilani ordered on Monday the immediate release of all judges detained by President Pervez Musharraf after he imposed emergency rule in November. “I order the immediate release of detained judges of the superior judiciary,” Gilani told the National Assembly, shortly after it overwhelmingly voted for him to become prime minister.
Gilani also appealed to judges to resolve disputes through parliament, not through protests. The prime minister also said he will ask parliament to pass a resolution seeking a U.N. probe into the assassination of Benazir Bhutto.

Yousaf Gilani elected Prime Minister of Pakistan

Islamabad, March 24: Yousuf Raza Gilani was elected as the new Prime Minister on Pakistan on Monday with a thumping majority in the National Assembly. He recieved 264 votes against the 42 votes bagged by Chaudhry Pervaiz Elahi, the opposition candidate fielded by the PML-Q and its allies. Supporters shouted “Long Live Bhutto!” and “Go, Musharraf, Go!” as the result was announced. Bilawal Bhutto Zardari, sitting in the public gallery, wiped away tears and then shook hands with Mr. Gilani.

Quality education for all

Dr Faisal Bari

Can a country compete in a global environment and develop as a fast growing economy without a literate, educated and trained workforce. The empirical evidence is clear: it cannot be done.

Then why are we hell-bent on trying to see if we can do it? Modern economies require sophisticated skills from a large number of people and it is impossible to acquire such skills without being literate. In fact, just being literate is often not enough; labour has to be educated to fairly high levels to give competitive advantage to a nation. When we say that developing countries have the advantage of cheap labour, it should be clear that it is not the money wage that matters, it is productivity, or produced amounts compared to wage given that matters. So, China is cheap to produce goods in because for the wages given to labour, the labour produces a lot and of high quality. India is able to attract some business on the same basis as well, as are a number of developing countries.

But a lot of businesses feel Pakistani labour is not cheap: though the wage rate for unskilled labour is only 2-3 dollars a day, the person is illiterate and unskilled and hence unable to provide input into producing quality products. Adding up the cost of either producing low quality products or producing high quality at an excessive cost (with high rejection rates and so on), Pakistani labour no longer remains as cheap - in productivity terms - as Chinese or Indian labour, even though they are paid more in simple dollar terms. So, how can Pakistan compete in this environment and how can we become competitive and sustain our growth trajectory?

The 'demographic dividend' that the previous government has been talking about, for the last couple of years, would be a demographic disaster if we do not invest in our people. There is a very strong non-functional argument for provision of education. Do people have a right to be educated and literate? Any notion of basic rights, that also comes with a notion that every citizen has a right to lead a life of dignity, will have to include some notion of education as a part and parcel of basic rights.

The question really is how much education should be considered a basic right: clearly as much as it takes to provide a life of dignity. And this might vary with the level of development of the society and its economy. For more advanced societies, anything below college education might not be enough, and for developing societies, education up to secondary level might be considered to be enough. But education, given the world we live, is necessary for a life of dignity: it is almost impossible to function in this world without some level of comfort with a couple of languages, the written word, and numbers.

The constitution of the country, in whatever form it is exists, recognises the rights of the citizen for access to education and health care facilities. It does not make these out to be the very basic rights, and so far we have not read the notion of 'right to life' as a right to what makes a life of dignity possible, but one feels that this is inevitable and one day the state will have to live up to the promise of providing education to all as a matter of right. The state in Pakistan not only does not recognise the right to education, if one looks at how the education policy has been implemented over the last many decades, it is also clear that the state never even intended to take the promise made in the constitution seriously. If we are going to spend only around 2 percent of GDP on education, how are we going to ensure that every child is going to be able to attend a school?

In fact the story of the last few decades is grim: the state seems to have given up on even trying to provide educational access to all. It has openly admitted, and many a time, that it cannot do it, and by making appeals to the private sector and the non-profit sector to help, it has repeatedly acknowledged its failure. And it has used the acknowledgement of failure as an excuse for pulling out of the responsibility of providing education to all as well.

But this cannot happen. It should be clear, and even empirically it is a fact that school education, the world over - in capitalist countries and others, in developed countries and others - is the responsibility of the state. It does not mean that the private sector cannot or should not participate in the education field; it can, but the ultimate responsibility for ensuring that children have decent access to education across the country lies squarely and unambiguously with the state. The Pakistani state cannot run away from this responsibility and duty.

But more is at stake here. Just opening up more schools is not the answer to the issues related to education. If the school does not have basic facilities and amenities, if the teacher does not show up, is not qualified, or does not teach properly, if the educational process, at the end (primary, middle, matric, and so on) does not provide a decent chance for the student to keep going forward to the next level and/or to become a part of the mainstream economy, it is not serving the purpose for which it was set-up.

Each and every child of this country has the right to have access to a quality of education that opens up doors for him or her to become a productive and contributing member of this society. If any child does not have that, if any school does not deliver this kind of education, we are not living up to the promise made in our constitution and we are not doing a service to the future of the country as this will just ensure that the 'demographic dividend' does not actually accrue to us. This sounds like a tall order but it is not. If Kerala can do it, if Sri Lanka can do it, if China can achieve this, and if any number of other countries, almost at the same level of development as we are, can do it, so can we.

The winning formula is not rocket science. We have, in a recent study, looked at some schools from the public sector, that, despite the poor financial and other conditions of our educational system, are still able to deliver reasonable quality of education to children and even in some of the poorest of communities. These schools had some of the basic amenities (building, roof, water, blackboards, books, and teacher and so on) that any school needs, but these were not what made the school tick.

In most cases it was a group of people who worried about the school, were committed to the school, the children and the educational process, were instrumental in motivating others about the school, were sometimes even instrumental in ensuring that the basic facilities were provided to it and were able to do all of this on a sustained and dynamic manner - providing an important feedback loop from performance to appreciation to performance. Most of the time this group had at least one or two teachers or the head-teacher in it, it usually had some members of the community in it as well, and sometimes even a committed education department employee was part of the group. And often there were a couple of people who provided leadership to the group.But these groups were organic to each school. Seldom did they come about through some fiat - like most school management committees, or parent committees that we once formed. And they helped make these schools integral parts of their communities. Many bureaucrats and politicians say we do not have the resources to provide quality education to all. It is true that we need to spend more on education, but given its importance, the more important question is, can we afford not to educate the children of the country?

Which would be more costly for the country, spending on quality education for all or dealing with an uneducated nation and work force? Equally importantly, one should keep in mind that though resources are important, they are not what are going to ensure the delivery of quality education to our children. It is developing the support, monitoring and mentoring network, at the level of each school that is going to be crucial. It is there that our main failing is occurring.

What is really needed is for a government to take delivering quality education to all as the most important challenge that it faces and then tackle it by increasing resources to education, but by also spending time to develop the networks that will be able to demand, sustain and develop delivery of quality education. Is there a government that will step forward and take this on?

The author is an Associate Professor and Head of the Department of Economics, School of Humanities and Social Sciences, at the Lahore University of Management Sciences (LUMS).
(Courtesy The Nation)

Missing in Pakistan: The relatives speak out

A seminar on human rights was held at the HRCP auditorium at 3 PM on 23rd March 2008, the 68th anniversary of the adoption of the Pakistan Resolution. Entitled “Do countries sell their own people? A discussion on civil liberties in the age of the War on Terror”, the event presented the plight of the families of the victims of state-sponsored kidnapping. The venue was over-flowing with representatives from a broad cross-section of the general public – lawyers, journalists, human rights activists, students and young professionals.
The event started with a reading of N.M. Rashid’s poem Zindagi say dartay ho, followed by a screening of the suppressed documentary “Missing in Pakistan”.
This was followed by a talk by Mrs. Amina Masood Janjua, wife of Engineer Masood Janjua, missing since May 2005 and spokesperson of the families of the missing persons. She related their struggle to win the release of their family members, describing their street demonstrations and their meetings with various prominent political personalities.
Mrs. Janjua expressed her immense gratitude to the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, who had secured the release of more than a hundred missing persons and lamented the fact that this process had come to a halt with his deposition.
She mentioned that they have now started gathering incriminating evidence against President Musharraf, Chief of Army Staff General Kayani, Secretary Interior, Kamal Shah, IG Punjab and IG Sindh, linking them to the kidnapping of their family members.
She thanked the audience for attending the seminar and appealed to them for their help in reuniting the more than 500 persons still missing with their families.
Zainab Khatoon, talking about her missing son, was overcome with emotion and appealed to the audience to help her secure his release. Mr. Syed Tufail Shah, an aged principal of a high school in Peshawar, made a simple appeal for the release of his son.
Counsel for the families of the missing persons, Shaukat Siddiqui as well as Chaudhry Amin, Secretary of the Supreme Court Bar Association, also spoke on the occasion enriching the discussion with information on the basic rights of the citizens of Pakistan as laid down in the Constitution.
The seminar ended with a brief Q&A session with the speakers.
The event brought together people with very divergent perspectives and political affiliations all of whom nevertheless share a firm belief in constitutionalism, pluralist democracy and human rights.
The event was organised by the Students Action Committee, Young Professionals and FASTRising.

Sunday, March 23, 2008

Yusuf Raza Gilani Profile



Syed Yusuf Raza Gilani, a member of an influential political family of Multan, started his political career in 1978 after the death of father Makhdoom Alamdar Hussain Gilani, who was a signatory to the Pakistan Resolution.

Mr Gilani’s grandfather, Makhdoom Ghulam Mustafa Shah Gilani, and paternal uncle Makhdoom Raza Shah Gilani had been elected members of the legislative assembly after defeating the Unionists in the 1946 elections.

Mr Gilani’s great grandfather, Makhdoom Raja Bakhsh Gilani, was both mayor of Multan in 1921 and member of the Central Legislative Assembly of India.

He served as a member of the assembly from 1921 till his death in 1936 and was known as the father of the Indian Assembly.

Mr Gilani was the first elected chairman of the District Council, Multan. He defeated the local government minister Syed Fakhar Imam, some 25 years ago.

In the 1985 non-party elections, he was elected MNA and became the minister for housing and railways in the cabinet of Mohammad Khan Junejo.

In 1988 elections, he defeated the then Punjab chief minister Nawaz Sharif on PPP ticket.

In 1990, again on a PPP ticket, he was elected an MNA after defeating Makhdoom Hamid Raza Gilani, a former federal minister. In 1993, he defeated Malik Sikander Hayat Bosan and later became Speaker of the National Assembly.

Mr Gilani contested the election in 1997 on a PPP ticket, but the party did not win a single seat in Punjab.

He was jailed in 2001 over charges of misuse of his authority by giving jobs to undeserving people in the National Assembly Secretariat when he was the speaker.

He spent six years in jail and could not contest the 2002 elections. During his detention, he also authored a book, ‘Chahe Yusuf Se Sada’.

He was made the senior vice-chairman of the PPP in 1998.

Mr Gilani has four sons and a daughter.

He is also related to Pir Pagara, the head of PML-Functional.

(Courtesy DAWN)

Yusuf Raza Gilani nominated as new PM

(Courtesy DAWN)

ISLAMABAD, March 22: The Pakistan People’s Party on Saturday named Makhdoom Syed Yusuf Raza Gilani for election as the country’s next prime minister to head a landmark coalition of former political rivals, ending weeks of suspense on a day of high political drama that also saw some old friendships being punctured and a new one initiated.

Wiles and guiles of politics were in full play in Islamabad before a statement from PPP co-chairman Asif Ali Zardari announced the choice he said he had made through consultations within the party and with coalition partners, dumping the other most prominent hopeful, Makhdoom Amin Fahim.

The nominee of the PPP, which emerged as the largest parliamentary group in the Feb 18 election, will be the coalition’s joint candidate whose election by the National Assembly for a five-year term, set for Monday, is a foregone conclusion because of the expected support by more than two-thirds majority in the 342-seat lower house.

Mr Fahim, a senior vice-chairman of the PPP, like Mr Gilani, and president of the party’s electoral arm of PPP Parliamentarians, immediately accepted the nomination despite strongly pressing his candidacy publicly in the past, and told the media by telephone from Karachi that he would arrive in Islamabad on Sunday “only, only and only” to vote for Mr Gilani on Monday.

The nomination was earlier due to have been announced by PPP boy chairman Bilawal Bhutto Zardari who, according to party officials, had come home during a studies break in Britain only for this purpose.

But in an apparent last-minute change of plans amid murmurs about the wisdom of involving the 19-year-old undergraduate in a controversy and to announce a choice he was not expected to make, the task was left to a statement from Mr Zardari that was read out to the media by party spokesman Farhatullah Babar.

However, the statement spoke of consultations having been held with Bilawal as with other coalition partners and unspecified party members and made no mention of Mr Fahim, whose candidacy had fed rumour mills for weeks after media reports that Mr Zardari and main ally PML-N had developed some reservations about the PPP’s most senior parliamentarian because of his past contacts with President Pervez Musharraf.

Saturday, March 22, 2008

MQM, Business as Usual!

By Adnan Gill

Since the February 18 elections, a spate of threats emanating from the highest circles of MQM have served as a rude reminder that the party is still running its business as usual, i.e. meeting their goals through arm-twisting, intimidation, scaremongering and/or naked violence. Fairly or unfairly, Human Rights organizations and the majority of Pakistanis blamed MQM for orchestrating and executing the May 12 Karachi Carnage. Astonishingly, it's as if the MQM overlords haven't learned a thing from the severe backlash they received from the May 12 Carnage. Its gung-ho leadership continues with its hallmark heavy-handed tactics to convince or coarse their political foes.

As soon as MQM comes across a perceived hurdle, it tries to bulldoze through it with brute force. Ironically, despite its history of sorting matters through violent means, it's patrons in the West shamelessly project MQM as a secular and a moderate political party. Even though there are several criminal convictions against MQM's undisputed lord Altaf Hussain, still he is afforded security and luxury in London: courtesy of Her Majesty’s government, the United Kingdom. Never mind, if he is held squarely responsible for the massacre of thousands of Pakistani citizens. In a prime example of hypocrisy and violation of international laws, in February 2001, Mr. Hussain, who is believed to be one of the worst terrorists, was granted British citizenship with full civil, constitutional rights and privileges available to all British citizens. By granting him British citizenship, the UK violated several international laws, like UNSC Res: 1189 (section 5) and 1368. Why a British citizen so intimately linked with terrorism and a person who has renounced the creation of Pakistan (that too in front of Indian audience) is allowed to run Pakistan's fourth largest political party is a million-dollar question!

However, neither the majority of Pakistanis nor the human rights organizations share West’s pristine view of the MQM. In a 2007 press release, Brad Adams, Asia director at Human Rights Watch, disputed western establishment’s portrayal of the MQM. Mr. Adams said, “The political crisis deepened on May 12, when 42 people died in violence fomented by activists of the Mutahedda Qaumi Movement (MQM)”. He disclosed, in order to silence its critics, the MQM frequently resorts to intimidation through death threats. He said, “Mohajir Rabita Council (MRC), an affiliate of the MQM, issued a statement naming 12 eminent Pakistani journalists as ‘enemies.’” Finally, Mr. Adams commented on the long history of human rights abuses by the MQM, “The MQM has a long record of political harassment, extortion, torture and targeted killings”

MQM's lust for power is only rivaled by its founding leader’s iron grip on the party. Even though Mr. Hussain, a British citizen and a taxi driver turned politician, has not set a foot in Pakistan in the last 18 years, he remains the overlord of the party. Curiously, he manages to fly over Pakistan to land in India only to renounce the creation of Pakistan, but for some conspicuous reason, can’t find heart to stop by in Pakistan for even few hours. Nevertheless, he enjoys a decent following among the Mohajir Pakistanis from Karachi and Hyderabad. His critics allege it's because people are forced at the barrel of gun to follow his edicts.

As soon as the 2008 election results became apparent, in its lust for plushy and lucrative ministries, MQM was back at what it does the best, blackmailing and extortion. Once again it tried to muscle its way through by demanding to become a coalition partner of the incoming government. In his typical style, reminiscent of Adolf Hitler's fiery sermons, Lord Hussain led the campaign of intimidation. He threatened, “It will be dangerous for Sindh if certain groups do not respect the mandate of the people.” In an apparent threat to Pakistan People’s Party (the overwhelming winner in Sindh, especially in the rural Sindh), he said, Sindh would face confrontation because ‘certain groups’ were trying to create an urban and rural division in the province. Translation: there will be violence if you left MQM out of the incoming government.

Taking a cue from their Lord's opening shot, his lieutenants backed up Lord Hussain’s campaign of intimidation with their own. The City Nazim Syed Mustafa Kamal said that Karachi can face law and order situation if MQM was not included in the new government set-up. To score the point home, MQM presented a sample to highlight their resolve to backup their words with actions. When PPP’s candidate from PS-110 Habib Jan tried to meet the hospitalized men injured in a shootout in which four people were wounded, and an eight-year-old girl and a man were killed, eyewitnesses reported, armed MQM men surrounding the Civil Hospital roughed up and then fired on Mr. Jan.

Then in a follow-up to his initial threats, Lord Hussain again warned, “The MQM does not want war. This is 2008 and we are ready to give our lives but not ready to surrender or retreat.” Evidently, Lord Hussain had been under the impression that in the 2008 Democratic system too, the number of seats don't matter, it's the ‘bully factor’ which matters. Apparently, that is how the MQM had been able to become a coalition partner in the past governments, but this time PPP was in no mood to give in to the threats of unadulterated violence, especially not after MQM's stellar performance in the May 12 Carnage. However, perhaps inadvertently, Lord Hussain confirmed MQM's frequent indulgence in violence and terrorism. He lashed out, “Do not push us against the wall. If anything happens tomorrow, do not hold us responsible. We are against violence and terrorism, but we are also human beings and we will never compromise on our self-respect, dignity and honor.”

It is anybody's guess why the backlash from the May 12 Carnage failed to jolt the MQM leadership out of their deep slumber into the reality that the days of getting business done through intimidation and pure violence are long gone. They need to listen to their voters’ voice, that they are tired of divisive politics. They are tired of their political leaders who constantly demand unbelievable sacrifices from ordinary workers but don't part with the luxuries they have accustomed themselves to. They are tired of the leaders safely and comfortably sitting in the West expecting their party workers to do the Lord’s dirty work and bear the brunt of retributions resulting from the sins of their overlords. They are tired of politicians who thrive on pitting Pakistanis against each other on their sectarian and ethnic differences. No longer do they want to be Balochis, Sindhis, Pathans, Punjabis or Mohajirs, they just want to be plain Pakistanis. They are tired of violence and killings. They couldn't care less who sits in the assemblies or who gets what ministry. They are more concerned about who can provide them the basic necessities of life, like electricity, atta, and security for their families.

If the MQM overlords are genuinely concerned about the well-being of Pakistanis then they need to stop running their business as usual, part with the security and luxury afforded to them by foreign-powers, return to Pakistan and serve their constituents without packing a gun in their back pockets.

(Courtesy The Frontier Post)

NYT 'warns' of Pakistani leaders planning talks with militants

March 22 (AFP): The leaders of Pakistan’s newly-formed coalition government intend to start negotiations with militants in a hope of ending the spate of bombings that has shaken the country, The New York Times reported on its website late Friday.

It said Asif Ali Zardari of Pakistan People's Party and Nawaz Sharif Pakistan Muslim League-N said in interviews that they will use military force only as a last resort. The talk of a softer approach to militants has alarmed US officials. Many Pakistanis -- the NYT report said -- are convinced the surge in suicide bombings (17 in the first 10 weeks of 2008) is retaliation for three Predator strikes since the year’s beginning.

Speaking in separate interviews, Zardari and Sharif said they were determined to set a different course from Musharraf. Sharif is quoted as saying, “we will deal with them sensibly. When you have a problem in your family, you don't kill your own family, you sit and talk. Britain got the Ireland problem solution. So what's the harm in negotiations?” Zardari said the war against the insurgents has to be redefined as “Pakistan's war” for a public that has come to resent the conflict as being pushed on the country as part of a US agenda, The Times said. “Obviously what they have been doing for the last eight years has not been working,” Zardari said.

Upcoming Events

1. Student Action Committee (SAC) and Institute of Peace & Secular Studies

invites you to a Discussion On

Colonialism & Resistance: From the Standpoint of its victims. A Critical Analysis of Third Worldism

With Qalandar Bux Memon

Date: Saturday 22nd March
Time: 3pm Sharp -
5pm
Venue: Nehr Ghar - 5 Zaman Park

Qalandar Bux Memon is one of the founding Editors of Naked Punch (London). Naked Punch is a quarterly journal of Philosophical and Political thought. To which Noam Chomsky, Tariq Ali, Zia Sardar, among many others have contributed. He is currently lecturing in Political Science at Foreman Christian College (Lahore). He holds masters in Philosophy (University of London) and in Politics (London School of Economics). His current research is focused on developing and synthesizing Philosophical concepts that emerged out of resistance to imperialism/colonialism from the Third World.

Directions: Nehrghar - 5 Zaman Park
On the canal, cross the mall road and take the 1st left at the Zaman Park sign
Take an immediate right on the side lane.
2nd gate on the left.


2. FASTRising, Young Professionals, and Student Action Committee invite you to
SEMINAR: Do countries sell their own citizens?

Date:
Sunday, March 23, 2008
Time:
3:00pm - 5:00pm
Location:
HRCP Auditorium (Human Rights Commission of Pakistan)
Street:
107 - Tipu Block, New Garden Town



PROGRAM SCHEDULE

3:00 PM - Screening of Missing in Pakistan, an independent documentary by Ziad Zafar

3:30 PM - Talk by Mrs. Amna Masood Janjua, spokesperson of the families of the "missing people"

4:30 PM - Q&A session

--
It is not power that corrupts but fear. Fear of losing power corrupts those who wield it and fear of the scourge of power corrupts those who are subject to it. Aung San Suu Kyi

Friday, March 21, 2008

Days of martial law over, Iftikhar tells lawyers

(Courtesy DAWN)

LAHORE, March 20: Deposed Chief Justice of Pakistan Iftikhar Mohammad Chaudhry said on Thursday there was no room now for imposition of martial law and abrogation of the Constitution in the country.

Addressing the Lahore Bar Association by telephone ahead of a weekly protest rally, he said the judiciary had been under pressure since the inception of Pakistan.“But now things have changed drastically because people have rejected the dictatorship and supported independent judges,” he said.

The barroom echoed with slogans in favour of the deposed chief justice and against President Pervez Musharraf. Justice Chaudhry said the Supreme Court’s seven-member bench verdict against the imposition of emergency and PCO still held the ground.“A decision violative of the Constitution, neither has constitutional and legal significance nor required a fiat for setting it aside. It should be ignored completely,” he said.“The SC in its decision had restrained superior court judges from taking the oath under the PCO. Therefore, the judges who took the oath under the PCO on Nov 3 could not undo the verdict of the seven-members bench against the Nov 3 emergency,” he added.

He said the people of Pakistan had given their verdict on Feb 18 in favour of the supremacy of the Constitution, making it obligatory for the political leadership to respect their mandate. “Only the parliament, the supreme body, has the power to amend the Constitution with a two-thirds majority but it also could not disturb the Islamic provisions and basic structure of the Constitution,” the chief justice said.

Justice Iftikhar said the parliament should evolve a system of maintaing a balance among various state institutions. He said it should be ensured that the executive followed directives of the legislature and the judiciary in letter and spirit. Justice Chaudhry said that under Article 199 of the Constitution it was the duty of the executive to assist the SC in getting its orders implemented. But regretfully, the executive did not act upon the Supreme Court’s Nov 3 order and surrendered before an individual.

Defending his decision of not taking oath under the PCO, the deposed chief justice said: “We (the judges) could not become part of a process where the sacred book (Constitution) is trampled upon under boots of the army, by virtue of our oath of allegiance to the Constitution.”

He said he would have betrayed the people, who cared for him in the hour of need, had he involved himself in any way with the subversion of the Constitution.“No one is above the law. Nations who do not respect their constitutions are wiped of the world map,” he added.

He paid tribute to his colleagues, who declined to take oath under the PCO on Nov 3 and said that they had remained true to their allegiance to the Constitution. He said all extra-constitutional steps taken on Nov 3 were meant to perpetuate the illegitimate rule of an individual.

Justice Iftikhar said the country stood at a critical juncture and the new political leadership needed to handle the situation prudently. He lauded the civil society, students, doctors and people from different walks of life for supporting the lawyers’ movement.

Religious minorities in India feel unsafe: Asma

By Jawed Naqvi
(Courtesy DAWN)
21st March 2008
NEW DELHI, March 20: Unacceptable delays in delivering justice to victims of communal violence across India, the state’s occasional culpability in fomenting intolerance and exploitation of religious fault lines for politics were some of the issues listed on Thursday by UN Special Rapporteur on Freedom of Religion or Belief Asma Jehangir that she said required immediate attention.
“By and large, the Indians respect the diversity of religions and beliefs. At the same time, organised groups based on religious ideologies have unleashed the fear of mob violence in many parts of the country,” Ms Jehangir told a news conference at the end of a rare 18-day visit as the UN rapporteur. “All individuals I met recognised that a comprehensive legal framework to protect their rights exists, yet many of them -– especially from religious minorities -– remained dissatisfied with its implementation.”
Ms Jehangir’s mission follows a similar one undertaken by her predecessor in 1996. “My forthcoming report will also be a follow-up on developments during the past twelve years, in order to analyse what has changed and why.”She said she was concerned at the extended timeframe of investigations in cases of communal riots, violence and massacres such as those which targeted the Sikhs in 1984, or the ones that followed the demolition of the Babri mosque and the most recent one in Gujarat in 2002.
“Any inquiry should not be done in indecent haste but it should be accorded the highest priority both from the investigation, the judiciary and any commission appointed to study the situation. Unreasonable protraction of the inquiry only keeps tensions simmering and devalues justice."
“I was astonished to learn that just before I arrived in India, the Liberhan Commission -– probing the circumstances leading to the 1992 demolition of the Babri Masjid in Ayodhya – got the 44th extension to conclude its inquiry,” she said.
The level of action of the government to protect its citizens in terms of freedom of religion or belief varies according to the states concerned. It was thus that the potential for greater harm to Kashmiri Pundits when they were forced to flee their homes was contained by the state’s prompt intervention, while the same could not be said about the protection of religious minorities in Gujarat, who continue to live in ghettoes and in fear.
“The de-escalation of violence in Jammu and Kashmir has had a positive impact on freedom of religion there,” Ms Jehangir said. “Places of worship are now more accessible and the tensions are reducing. There have been public statements inviting the Hindu Pundits to return to Kashmir. However, many interlocutors have confirmed a continuing bias amongst security forces against Muslims who also face problems with regard to exit controls lists and discrimination when renting hotel rooms outside Jammu and Kashmir,” she noted.
She urged the state of Orissa, where the Hindutva drive is intensive and widespread, to reconsider its anti-conversion legislation.Less than three months ago, there was widespread violence in the Kandhamal district of Orissa, targeting primarily Christians in Dalit and tribal communities. The attacks could have been prevented since the Christian community alerted the authorities before the incident.
“The tensions are still prevalent and the state should rethink its anti-conversion legislation which has been used to vilify Christians in general,” she said.In UP, communal violence continues to occur while perpetrators are dealt with sympathy by the law enforcement agents. “Some of the cases are still under investigation and I hope that justice will prevail.”
In Gujarat, the wounds of the 2002 massacre, where by all accounts more than a thousand people -– mostly Muslims -– were killed, have not healed, she said. “In my discussions with victims I could see their continuing fear which is exacerbated by the reported complicity of the state government and the distress that justice continues to evade most victims and survivors.
“It is also critical for the state government to recognise that development without a policy of inclusiveness of all religious communities will only add to aggravate resentments. The same is true for the increasing ghettoisation of Muslims in certain areas.”
Ms Jehangir said her predecessor, Mr Abdelfattah Amor, “unfortunately was prophetic when he expressed his fears that something in the nature of the 1992 Ayodhya incident will recur in the event of political exploitation of a situation. In my opinion, there is today a real risk that similar communal violence might happen again unless incitement to religious hatred and political exploitation of communal tensions are effectively prevented."
She urged the government and for non-state actors to diffuse tensions and address the root causes beforehand. The sincerity of the central government to implement the Sachar Committee report will be very much seen on the ground because state governments have been given direction to follow-up on the recommendations of the report.

PPP to announce name for PM on Saturday or Sunday

ISLAMABAD: Pakistan People’s Party (PP) is expected to announce the name for premiership on Saturday or Sunday.

PPP spokesman Farhatullah Babar said here that 19-year son Benazir Bhutto and PPP chairman Bilawal Bhutto Zardari on behalf of his party and coalition partners would announce the name of the PPP’s candidate for premiership on Saturday or Sunday.

President Pervez Musharraf called the parliament session for the election of PM on March 24.

PPP Chairman Bilawal Bhuto Zardari has arrived here from London to announce the name for PM’s slot.

March towards army house if judges not restored: Aitezaz

ABBOTABAD: President Supreme Court Bar Association (SCBA), Chaudhry Aitezaz Ahsan on Thursday said that the lawyers will go for a long march towards Army House if the new government failed to restore deposed judges within 30 days of its formation. Addressing a lawyers’ convention here, Aitezaz said conspiracies are being hatched against the Murree summit but “I have confidence in Pakistan People’s Party, Muslim League-N and Awami National Party.”

Sacked judge of Peshawar High Court, Dost Muhammad Khan, President High Court Bar, Abdul Latif Afridi and other lawyer leaders also spoke on the occasion.“Those emphasizing the need for two-third parliamentary support for restoration of judiciary are in fact trying to validate the post November 3 steps,” Aitezaz Ahsan maintained.

Referring to his meeting with the US Ambassador, he said he persuaded the US administration to see the ground realities and stop its support to the dictatorship.“We will march to army house if judges are not restored,” he reiterated, adding however that the parliament house will not be surrounded because lawyers want to see a strong parliament.

(Courtesy GEO)

Mubarik Ali's talk on Student Movement of Pakistan

Sunday Group Talk
By Dr. Mubarik Ali
Topic: History of the Student Movement of Pakistan
Date: 23rd March (Sunday)
Time: 6 p.m. Sharp
Venue: Nairang Art Gallery (Second Floor)(101 – Habitat Flats, Jail Road, Lahore – opposite Kinnaird College)

For more information, call: 0323-4021894 (Umer) or Umer.Ch@gmail.com

The Sunday Group
http://groups.google.com/group/book-club-lhr?hl=en
Sunday Group is a weekly study-circle/discussion forum with the under-lying idea that any firm movement for the change of society requires guidance from a deep and clear understanding of the continuously changing social and political facts. Such understanding can only evolve with a collective effort where a variety of perspectives can be entertained. The need for a thorough comprehension of events around us is also necessary to raise awareness in other sections of the society and to mobilize them in the struggle for their rights.

A young woman abducted and gang raped by guards of the Mohammad Ali Jinnah mausoleum

A Statement by the Asian Human Rights Commission

A young woman of 18 years was abducted and gang raped continuously over a period of three days by the guards employed at the mausoleum of Mr. Mohammad Ali Jinnah, the Father of the Nation, known as "Mazar e Quide". A guard has been arrested without proper identification as the victim is still semi-conscious. This arrest is seen as an attempt to protect the real perpetrators who are allegedly members of the armed forces. The mausoleum is guarded by the armed forces.

According to the information received the rape victim who is the wife of a resident of a village in Lodhran, Punjab province, came with her family to visit Karachi. On Sunday, March 16, 2008, they went to visit the mausoleum. Both, she and her husband, were stopped at the gate by two guards and told to obtain tickets from another gate which is at least 600 meters away from where they were. The husband went to purchase the tickets asking his wife to wait for the other relatives who were coming in a vehicle. After purchasing the tickets the husband returned and discovered that his wife was missing; her slippers, however, we lying nearby. That whole night her family searched for her and the next day they filed a police report. However, the police failed to take any action.

Then, on the night of March 18, she was found on the stairs of the mausoleum. She was taken to two different hospitals of the city where it was confirmed that she had been repeatedly raped. The mausoleum is under the tight control of the three arm forces of Pakistan and there have been many reported cases of rape and sexual harassment of women. It is due to this that the people of Karachi are avoiding visiting the mausoleum. It is believed that the police and city administration are not willing to conduct investigations and arrest the offenders as the suspected rapists are guards from armed forces personnel. They are now putting pressure on the family of the victim not to pursue the case.This is a shocking incident and the attitude of the city government of Karachi city in trying to tone down the incident is deplorable. An enquiry into this incident should immediately be instituted and the perpetrators arrested and prosecuted forthwith. The victim must be provided with protection, all medical assistance and compensation.

Many reports regarding rape are received from Pakistan. Women's organisations in particular have often spoken out about this. However, the authorities in the country do not show much concern to deal with this serious crime. The rape done by personnel of the armed forces is an even greater problem. In this particular case a family went for a visit to a national monument and the woman was raped within its premises after being abducted. We particularly urge the Ministry of Women's Development to inquire into this case and take appropriate action.

# # # About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Thursday, March 20, 2008

Do Countries sell their own people? Civil liberties in the age of the War on Terror

You are cordially invited to a seminar on Human Rights titled, Do countries sell their own people? Civil liberties in the age of the War on Terror.

Time: 03:00 PM

Date: Sun, 23 Mar 2008

Venue: HRCP Auditorium

The speakers are Mrs. Amna Masood Janjua, spokesperson of the families of the missing people as well as a senior advocate of the Lahore High Court. Mrs Amna Masood's husband went missing about 2 years ago, since then she has waged struggle for the release of his husband whose whereabouts are still unknown. She has been joined by the relatives of other missing persons whose loved ones went missing during the last some years (allegedly 'sold' to US agencies, on the pre text of war on terror).

The issue made headlines when CJ Iftikhar Chaudhry took notice and ensured the release of several missing persons from the shackles of illegal detention.(Refer to http://missinginpakistan.wordpress.com/ for details)

The seminar will be preceded by a screening of the documentary "Missing in Pakistan".

Venue: HRCP auditorium (107 Tipu Block, Garden Town, Near Barkat Market)

Date: Sunday, 23rd March, 2008

Starting Time: 3:00 pm

Please forward this email to other groups and concerned individuals.

Location: http://maps.google.com/maps/ms?ie=UTF8&hl=en&t=h&msa=0&z=16&msid=107032263349935690503.000448b5dbe257967a40a

You can download map in JPG format from: http://missinginpakistan.files.wordpress.com/2008/03/way-to-hrcp.jpg

NA elects first ever woman Speaker

ISLAMABAD: Dr. Fehmida Mirza has been elected the first ever woman speaker of the National Assembly (also the first ever Muslim woman speaker of any legislature) and Faisal Karim Kundi has been elected as the Deputy Speaker.

Dr Fehmida Mirza received 249 out of 324 votes, of which 319 were valid and five votes were declared invalid. Asrar Tareen, the opposition nominee, received 70 votes. Faisal Karim Kundi bagged 246 votes defeating of PPPP Mrs Khush Bakht Shujat of PML, who received 68, in the election of the Deputy Speaker.

Dr Fehmida Mirza hails from Badin in Sindh and has been winning elections continuously since 1997. She is the wife of Dr Zulfiqar Ali Mirza, a close friend of PPP Co-chairman Asif Ali Zardari.

Musharraf trying to create clash, says Aitzaz

ISLAMABAD: President Supreme Court Bar Association Atizaz Ahsan said that President Musharraf is trying to set up a clash despite the fact that Parliament had proved a two- thirds majority during the election of the house speaker.

Talking to the media at his residence before leaving for Abbotabad to address a lawyers gathering, Atizaz said the President should be careful now as parliament had proved a two third majority. He said that lawyers are not adopting the path of confrontation and 30 days would be given to new parliament for the restoration of deposed judges.

Let the original judges return

17th March 2008

Naeem Sadiq

(Courtesy DAWN)

Just imagine for a moment that an ordinary government servant, say a Lower Division Clerk of the Revenue Department appears on a local TV Channel and announces that the constitution of Pakistan is no more valid and the country would hence forth be run by a new law introduced by him, called the CCO (Clerks Constitution Order). This gentleman further states that all judges should consider themselves fired and house arrested, unless they take an oath on his newly invented CCO. What is going to be the reaction to this rather ludicrous announcement? Most people are likely to consider it comical and disregard it as an incident of no consequence. Some others may consider this person to be suffering from a delusion of grandiosity, some form of megalomania, acute egocentricity or simply undergoing a hypomanic episode. The newspapers would hardly bother to cover this story, except for some eveningers which might wish to use this as a filler for left over spaces. The local Nazim may ask the SHO to discipline this LDC for a day or two, till he learns not to talk about issues that do not strictly fall in the realm of land revenues. The Interior ministry would not even feel the need to issue a clarification, as they would not like to extend any more credence to this inconsequential irrelevance. The Parliament would not be required to even take a notice of this absurdity, while the Judges would certainly not be seen bee lining in large numbers, dying to take oath under the new CCO.

Now imagine another government servant, say the Chief of the Army Staff, one day does exactly the same thing that the UDC did, except that he calls his figment as PCO instead of CCO. One would imagine exactly the same sequence of events to repeat themselves. People considering this to be a lunatic expression and the government not even bothered to issue a clarification. The civil society does not take to the streets and the constitutional experts do not hold seminars to debate how this illegal lacunae may be resolved. The parliament would not hold a special session to undo the PCO or to restore the judges, for the judges would keep going to their offices as normal. The state institutions, police bureaucracy, ministries, and executives of all kinds would ensure that nothing hinders the judges from performing their routine activities. However the Army being a responsible, law abiding, and disciplined force, would not leave this matter to the local SHO, and instead will decide to take the necessary disciplinary action against this gentleman. After all he violated the precious Army Act by indulging in politics and saying things against the constitution. This is how it would happen in any half civilized country, and this is how it should have happened in Pakistan.

Pakistan does need to explore unique methodologies to undo what was completely illegal and irrelevant to start with. The proclamations of November 3, 2007 were the brainchild of a government servant whose oath and job function debarred him from saying or doing any such thing. We do not have to wait for the arrival of the new parliament to make a grand decision to restore the judiciary. The judiciary was never unseated, for the Army Chief has simply no authority to do so. There is neither a court order nor a decision from the parliament required to restore the judges. All that is needed is that the state institutions enable and ensure that all judges can go back to their jobs as they stood on November 3, 2007. In a situation of a blatant conflict between the delusional desires of an individual and the dictates of the constitution of Pakistan, it should not be a complex assignment for the state institutions to decide which option to take. Acting in accordance with the dictates of their conscience and constitution, they should immediately facilitate all judges to resume their responsibilities from where they left on November 3, 2007. Any state institution not doing so is itself guilty of violating the constitution.

Perhaps the matters that the new parliament may look into are why the state institutions including members of their own clan were in such a hurry to rubber stamp such illegal arrangements. Why did the government functionaries (except for the sixty honourable judges) not refuse to obey the blatantly illegal orders of the Army Chief. Perhaps the Army also needs to implement its own accountability process for those who violated the Army Act (besides the constitution of Pakistan). By bringing the violators to justice, we may forever be able to get rid of our seven yearly PCO itch. Alternately we should start tightening our seat belts and brace up for a yet another déjà vu in not too distant future.

Journalists roughed up while covering the NA Speaker election




(Courtesy Teeth Maestro)

Yesterday during the National Assembly session where the elections were underway to elect the new speaker of the house, outside it seems that the media was being roughed up for God knows what reason, under specific orders of the SP & DSP. One can only speculate as to why these media outlets were being prevented from covering the national assembly session.

A matter of impeachment

Tuesday, March 18, 2008
Khwaja Ahmad Hosain
(Courtesy The News)

Two hundred and ninety-five. That is the key number. That is the number of votes that are needed to impeach President Musharraf under the constitution. The constitutional chronology contemplated for such removal is clearly set forth in Article 47. First, at least half of the members of the National Assembly would present a written notice to the speaker of their intention to move a resolution for the impeachment of the president. The notice would set out the particulars of the charge against him. In this case the charge is simple. The president violated the constitution on November 3, 2007.

Within three days from receipt of the written notice from the MNAs the speaker must send the notice to the president. Between day seven and day fourteen starting from the date the speaker received the notice, the speaker must summon a joint session of the National Assembly and the Senate which will investigate the charge. The president has the right to be represented and to appear during this investigation process. If, after considering the result of the investigation, two thirds of the total membership of both the National Assembly and the Senate at the joint session declare by a resolution that the president is guilty of violating the constitution or gross misconduct, the president shall cease to hold office immediately upon the passing of such resolution. No further action is required and upon the passing of such a resolution the president shall, ipso facto, cease to hold office.

The crucial point is that to impeach the president you do not need a two-thirds majority in the Senate, which is currently controlled by forces supporting the president. Even if the impeachment resolution is supported by less than half the Senators, as long as sufficient number of MNAs vote in support of it so that the threshold of 295 is reached, the resolution will be passed.

This procedure is different from the procedure prescribed for amendments to the constitution. To amend the constitution you need a two thirds majority in both the National Assembly and the Senate. There is no concept of a joint sitting here and each house will separately consider the constitutional amendment bill. As long as Musharraf has the support of at least 34 senators, he can block any constitutional amendment bill.

In addition, a constitutional amendment bill must be assented to by the president to become law. If the president wants, he can send a constitutional amendment bill back to parliament to reconsider the same and then parliament will need to pass it again (with the same two thirds majority in each house). Once passed again, the requirement for presidential assent is not removed but the discretion of the president to withhold his assent is removed. Under the constitution the president must assent to a bill which has been passed twice by parliament.

Constitutional amendments require, at the very least, presidential involvement. Even if a constitutional amendment package is passed with a two thirds majority in each house, the president can refuse to give his assent to a first draft of any such bill and can delay the grant of assent if the bill is presented to him for the second time. If any constitutional amendment bill is proposed in the presence of Musharraf and the post November 3 Supreme Court, various devices could be used by the presidency to sabotage the prospects of such a bill.

The constitutional impeachment process requires no action from the president and gives no rights or discretion to the president apart from the right to be represented before and heard by the relevant adjudicating tribunal which is the joint membership of the National Assembly and the Senate. The "court" in an impeachment trial consists of the representatives of the people sitting in the National Assembly and Senate. The conduct of the impeachment trial and the timing of any vote on the impeachment resolution will be controlled by the speaker. Neither the army nor the existing Supreme Court can save the president from impeachment if the necessary parliamentary majority exists.

The PPP and PML-N have expressed their desire to restore the deposed judges by a parliamentary resolution within 30 days. The president's advisers have stated this is not legally possible and that the judges cannot be restored without a constitutional amendment. There is a risk, which has been hinted at already, that if parliament "resolves" that the judges should return, the existing judiciary may stay such a resolution before it can take effect. This will put the current de facto bench and the presidency at loggerheads with the government and the legislature. Can the political players afford to take the gamble that the army will support them in such an impasse? It is this uncertainty that the presidency and establishment will seek to exploit.

It is for this reason that it is crucial that the maximum possible support is developed in the parliament in favour of the proposed resolution for restoration of the judges. If the resolution manages to get the support of sufficient members of parliament, the president and his supporters should be able to read the writing on the wall. All institutions of state and political players will then see that trying to block the restoration by coming to the aid of the beleaguered president will be a futile exercise.

The prospect of being the first president in the history of Pakistan to be subject to an impeachment trial hangs over his head like the Sword of Damocles. During any impeachment trial, apart perhaps from certain members of the PML-Q and the MQM, his remaining supporters will abandon him like rats leaving a sinking ship for the sake of their political survival. If notwithstanding this prospect, the president stays in his bunker and still tries to block the restoration, the democratic forces in parliament can strike and put the final nail in his coffin by impeaching him.

The writer is an Oxford-educated barrister practising corporate law in Lahore.

Resolution by US Representatives Condemning the dismissal of the Supreme Court in Pakistan and demanding restoration

Condemning the dismissal of the Supreme Court in Pakistan and calling for their reinstatement by the Government of Pakistan. (Introduced in House)
110th CONGRESS
2d Session
H. RES. 1044
Condemning the dismissal of the Supreme Court in Pakistan and calling for their reinstatement by the Government of Pakistan.
IN THE HOUSE OF REPRESENTATIVES
March 12, 2008
Ms. ZOE LOFGREN of California (for herself and Mr. DELAHUNT) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Condemning the dismissal of the Supreme Court in Pakistan and calling for their reinstatement by the Government of Pakistan.
Whereas on March 9, 2007, President Pervez Musharraf of Pakistan suspended the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry;
Whereas this removal triggered months of protests by hundreds of Pakistani lawyers;
Whereas on July 20, 2007, the Supreme Court of Pakistan found Chaudhry's removal unconstitutional and reinstated him as Chief Justice;
Whereas following his imposition of emergency rule on November 3, 2007, President Musharraf required Supreme Court justices to take a new oath of office under the Provisional Constitution Order and dismissed seven judges, including the Chief Justice, who refused to take this new oath;
Whereas the principles of constitutional order and the rule of law are prerequisites to any functioning democracy;
Whereas an independent judiciary and free elections are equally vital as fundamental foundations of democracy;
Whereas section 699F(b)(3)(D) of the Consolidated Appropriations Act, 2008 (Public Law 110-161), withholds $50,000,000 of Foreign Military Financing for Pakistan pending the restoration of an independent judiciary;
and Whereas these actions by President Musharraf undermine democratic governance and rule of law in Pakistan and thus reduce the ability of the Government of Pakistan and the Government of the United States to effectively fight against al Qaeda and Taliban terrorists that threaten United States interests in South Asia:

Now, therefore, be it Resolved, That the United States House of Representatives--
(1) commends members of the legal profession in Pakistan as well as opposition politicians, human rights activists, and independent journalists for their courageous opposition to the removal of Chief Justice Chaudhry, their principled leadership in defending the Constitution of Pakistan, and promoting the rule of law;
(2) welcomes public statements from Pakistan's new civilian leaders that they intend to restore all judges dismissed after November 3, 2007, to office; and
(3) calls on the Government of Pakistan, consistent with section 699F(b)(3)(D) of the Consolidated Appropriations Act, 2008 (Public Law 110-161), to restore to their positions Chief Justice Iftikhar Muhammad Chaudhry and all Supreme Court and high court justices and other members of the legal profession in Pakistan who were removed from office since the imposition of emergency rule, and to respect the independence of the Pakistani judiciary .

Monday, March 17, 2008

Four FBI Agents Hurt in Islamabad Bombing

ABC News Reports: Top FBI Agent in the Country Was Among the Wounded
By RICHARD ESPOSITO, BRIAN ROSS and GRETCHEN PETERS
March 16, 2008. Four FBI agents were wounded -- none critically -- in a bomb attack on a popular Italian restuarant in Islamabad this weekend, the bureau announced today. The attacker tossed a small bomb or hand grenade directly into the restuarant courtyard, which is known for serving alcohol to Westerners.
Multiple sources said that the attack was under investigation to see whether it was based on the terrorists having learned in advance of the agents' presence. In Washington, meanwhile, officials downplayed the possibility that the attack specifically targeted the agents based on advance intelligence. They cited the relatively small size of the attack -- one in which injuries to the agent's were relatively minor -- as part of their rationale. Also the explosive does not appear to have been tossed directly at the agents' table.
The top agent in the country, U.S. Embassy FBI attache Ray Biteski, suffered serious ear damage, an assistant attache reportedly suffered a concussion and two agents are reported as suffering minor injuries. The two who suffered minor injuries were treated and released. Biteski and a second agent were med-evaced to Europe. This was the first bomb attack on U.S. citizens or government personnel in Pakistan since a church bombing in 2002.

ABC's Pierre Thomas contributed to this report.

http://abcnews.go.com/Blotter/story?id=4460837

Sunday, March 16, 2008

Protest in Harvard University for restoration of the Judiciary



There are protests in Boston, New York and Washington this weekend and the following is the press release from the Boston area. Reports from other cities will follow soon. The pictures are in the file attachments.

March 15, 2007

For Immediate Release:

Cambridge, MA: Student Action Committee USA Chapter (SAC-USA) staged a successful protest in Harvard Yard today demanding immediate restoration of the pre-Nov 3 independent judiciary in Pakistan. The protestors condemned - in no uncertain terms- the unconstitutional acts of General (r) Musharraf which include the sacking of an independent judiciary, gagging of media and free speech, suspension of civil liberties and fundamental human rights and illegal detention of judges, lawyers and political opponents without any trial or charges. They chanted "Bring the Judges Back" and "No more Musharraf" and walked from John Harvard Statue to Harvard Square holding black flags and banners.

The protest - which is one of three organized by SAC-USA (the other two being in New York and Washington DC) - attracted a large number of students from Harvard College, Kennedy School of Government, Graduate School of Arts and Sciences, Massachussetts Institude of Technology, Tufts University, Fletcher School of Law, Boston University and other premier institutions of the Boston region. Joining students in their demands were doctors, lawyers - particularly the National Lawyers Guild, Massachusetts chapter-, professionals of Pakistani origin and other members of American Civil Society.

Speaking to the protestors, Aqil Sajjad, member of SAC-USA, condemned the illegal detention of the Chief Justice and his family. He said that the people of Pakistan want the judges to be restored and Pervez Musharraf to be ousted, the US and the international community should respect their wishes and stop interfering in Pakistan's internal affairs to keep the judges out. He also spoke against the continued detention of the judges with their families, including the Chief Justice whose 8-year old disabled son has been kept in confinement with him and at times denied the medication he needs. He argued that the US government should build a solid relationship with the people of Pakistan instead of supporting a very unpopular dictator.

President of Harvard Philipine Forum, Marlowe Rillera, stressed for the need for an independent judiciary. He said: "An independent judiciary assures people that court decisions will be based on the country's laws and constitution, not on orders of a dictator." In addition he said that while the situation in Pakistan did not affect him or the Philipines directly, he cared so strongly for an independent judiciary and the serious consequences of not having one that he came with his friends to protest.

After the protest, Samad Khurram, a columnist for The Harvard Crimson, said that Musharraf must respect the wishes of the people of Pakistan. He commented on the recent elections as being a heavy blow to Musharraf's rule with an overwhelming number voting against his King's party. "In addition there were a huge number of us who boycotted the elections on principle. If you add both the opposition voters and those who boycotted, the numbers exceed 80% of the country", he noted.

Friday, March 14, 2008

Of Declarations, Restorations and Premiership Aspirations

The victorious parties have acted prudently thus far in the post-election scenario. They must not squander the opportunity the nation has given them in the days to come.

Ammar Rashid

Now that the smoke has cleared from the results of the Feb 18th polls, it is time to assess the nation’s future as it appears from here. The picture certainly appears brighter than before; The King’s men defeated, the opposition victorious and united, the Lawyers’ High Command released and the President (with Peerzada and Qayyum, forever loyal, by his side) backed into the tightest of corners. How the Mighty hath fallen indeed.

The February 18 election may well turn out to be a landmark in our nation’s chequered history, as the harbinger of a new era of democracy and stability, elements missing almost entirely from our political landscape for years. The remarkable sagacity and political maturity on display from the erstwhile political enemies, Sharif and Zardari, in the post-election scenario has also come as quite a surprise. The PPP and PML-N, as the two majority parties, stand united in their commitment to the restoration of the judiciary, the supremacy of the parliament and the choice of diplomacy over military action against the militants in the north. The Murree Declaration has put onto paper what political pundits had been expressing doubt about since the election; the commitment of the leading parties to their election manifestos, their tenacity in the face of blatant foreign interference and their ability to resolve their outstanding differences. The parties have pledged to restore the ousted judges within 30 days of the convening of the National Assembly, participate in each others governments in the Centre and the Punjab, and remove the sweeping powers of the President accorded to him by the contentious Article 58-2 (b). All very noble and worthy ambitions, to be sure; serious obstacles, however, remain to be cleared for their culmination.

In the Presidential camp, the mood is terse and seemingly ripe for confrontation, notwithstanding the rather delusional statements on offer about ‘establishing a working relationship with the parliament for the next five years.’ The legal aides to the sulking President continue to scoff at the possibility of the reinstatement of the judiciary by a parliamentary resolution, terming the notion as ‘unconstitutional’ and claiming the restoration can only be brought about by an amendment in the constitution, for which a 2/3rds majority is required. These same aides continue to assert the primacy and constitutionality of the abrogation of the constitution and ouster of the judges on the 3rd of November. In the event of the threatened parliamentary resolution taking form, it is, therefore, likely that the executive will take recourse to the puppet PCO-Supreme Court to have the resolution declared illegal.

That such aides could prompt the embattled President to dismiss the elected Assembly – possibly his last available option - before it can make the crucial decision is an unsettling but remote prospect. In doing so, the President would, in essence, be laying waste to the nation’s mandate, which he so proudly claims to have brought to fruition himself (even though he continues to ignore its rather obvious implications for his rule). Moreover, he would require the wholehearted support of the Army for such a maniacal intervention; something he cannot be so sure of anymore.

The Lawyers’ Movement, now into its second year, has remained resolute in its unwillingness to accept any compromise on the judges’ restoration. Seeing their goal finally within reach, they will not hesitate to take the winning parties to task if they see them wavering. Their leaders have been released and are campaigning in full flow; the recent shows of strength in Lahore and Karachi proved that the judges’ issue is alive and well, in the country’s consciousness as well as in the streets. The lawyers’ stance is clear; even a parliamentary resolution is not required, a mere executive order will suffice for the judges’ restoration. As Aitzaz asserted recently, the Army House would be besieged in the event of the Presidency trying to sabotage the political efforts of the winning parties.

It is possible that the biggest threat to the winning parties’ agenda could come, not from the presidential camp, but from within their own ranks. The choice of the PPP’s candidate for premiership has become a bone of contention within the party’s leadership that could create a possible rift within its upper echelons. While it seemed certain that Makhdoom Amin Fahim would get the post earlier, his prospects appear to be growing bleaker by the day. Rumors abound regarding his ties with the President, leading some in the PML-N to voice their mistrust of the Pir from Hala. Moreover, Asif Zardari’s personal premiership aspirations appear to be influencing his proclivities towards appointing a lesser political personality, such as Chaudhry Ahmed Mukhtar as the temporary PM, to pave the way for his ascent to the throne in the upcoming by-elections. The ramifications of such a decision could be immense and costly.

The possibility of Amin Fahim leading a breakaway faction away from the main body of the PPP could spell the end of the winning parties’ parliamentary aspirations, cloud the political future of the PPP and generate much jubilation in the Presidency. Although the Makhdoom has denied any such plans, it is a possibility that the leadership of the PPP and PML-N must carefully guard against if they wish to achieve their stated aims of strengthening democracy and delivering the country from the throes of military dictatorship. Mr. Zardari, in particular, must realize that his newfound popularity will not survive the test of time if he cannot shelve his personal ambitions for the sake of the country.

The problems that await the winning parties upon the formation of government are immense. The economy has been reduced to tatters, the deprivation of the masses is at an all-time high, the ravages of the war of terror have found their way to the core of the civilian populace and the federation’s unity stands threatened. The pre-requisites of a progressive democratic order need to be established without delay in order to move towards the resolution of our many crises.

But first things first; let’s get the judges back in their courts.

Aitzaz made honorary fellow at Cambridge University

LONDON, March 11 (APP) : Eminent lawyer and President, Supreme Court Bar Association Chaudhry Aitzaz Ahsan has been made an honorary Fellow at Downing College, Cambridge University. It was announced on Tuesday.

The distinguished Pakistani lawyer and politician read Law at Downing in the 1960s, and was called to the Bar by Gray’s Inn in 1967.

A university’s media release recorded his career and said returning to Pakistan, he developed an internationally respected legal practice while also pursuing a distinguished political career as member of Pakistan People’s Party (PPP)

CCP Statement on Lahore Bombings

The Concerned Citizens of Pakistan (CCP) condemn in no uncertain terms the third suicide bomb attack in the city of Lahore in recent weeks. We deplore the multiple acts of terror the citizens of Lahore have suffered on 11th March and stress that they are not random, nor inexplicable. The innocent people who are losing their lives are suffering the fallout of the Government's actions and policies while the people responsible for this backlash are seemingly unaffected. We express our deep sympathy for the families of the bereaved and pray for the souls of those who fell victim to the violence.

We welcome the Murree Accord between the two major political parties, agreeing on two very important steps
needed to strengthen democracy in Pakistan. One, the restoration of the judges within 30 days of formation of
Government, and two, the elimination of dictatorship from the country. We also appreciate that the 17
th of March
has finally been set for the first session of Parliament, already a month after elections were held. The law and order
situation and the declaration of high security alert in the country should not impede the process or delay it any further.
We demand peaceful transfer of power to the elected representatives
and the immediate resignation of Pervez
Musharraf in deference to the peoples' expressed will
. The CCP voices the concerns of the people of
Pakistan who have spoken against the Establishment through their vote. The Establishment's war of terror, funded
and backed by the US, is not our war. The US should desist from interference in the internal affairs of Pakistan.
This has already brought terror into our homes. The people of Pakistan must determine their own destiny. We are not
terrorists, in fact we are the victims of this misdirected and unholy war.

In Complete Solidarity,
CCP

Car Rally on Sunday

BLACK FLAG WEEK

CAR / MOTORCYCLE / TRUCK / BUS / RICKSHAW RALLY

SUNDAY MARCH 16TH 2008

RALLIES WILL START AT 3 PM FROM:

1. SEA VIEW

2. MALIR DISTRICT COURTS

3. BACHA KHAN CHOWK

4. SOHRAB GOTH

ALL RALLIES WILL CULMINATE AT QUAID’S MAZAR AT 5 PM

Please put Black Flags and Stickers on your cars.

Organized by SCBA KBA KUJ PR

Bilal Musharraf, Pakistan Ambassador and Saudi Prince
















Now the Website - ePlanet Ventures, founded in 1999 close to the time when general Musharraf has taken over or was taking over Pakistan in a bloodless coup.

What they do -

ePlanet Ventures seeks to provide superior returns to its investors by making private equity investments on a global basis in companies where the application of innovation in technology and/or business models has the potential to create high-growth, category-dominant companies. (link)

Bilal Musharraf serves as the vice president of the eplanet ventures which on their website says:

"We believe that the business and government connections of our Limited Partners represent a valuable asset to our enterprise." (link)

Now few questions that the company should answer:
  • What was Shahid Karimullah, Pakistan Ambassador to Saudhi Arabia, doing in this meeting of ePlanet ventures executives with Saudhi Prince Alwaleed bin Talal?

  • Does this meeting explain the billions that have been moved out of Pakistan by Musharraf Corporation? Remember the US complained Pakistani funds were diverted by Musharraf. Where did they go? Bilal Musharraf became a millionaire all of a sudden. Does this explain it?

Campaign to Release Names of Pakistani Officials Targeted for Legal Action on Monday

PRESS CONFERENCE
Monday, March 17
6:40 PM
at Pakiza Restaurant
1026 Coney Island Ave., Brooklyn, NY 11230
(corner of Foster Ave.)
B (express) or Q train to: Newkirk Ave. station
2 minute walk to Coney Island Ave.

The March 15th ultimatum issued to General Ashfaque Kiyani of Pakistan
by the Campaign and its partners for the release of an official list
of Pakistanis held without charge by the Pakistan military and
intelligence forces is around the corner. On Monday, March 17th,
6:45pm, the Campaign will report on its efforts to pursue legal action
against key officials from the Pakistan Federal and Provincial
governments that have been implicated in disappearances occurring
within the last five years:

Pakistani officials shortlisted for legal action on part of the
Campaign and its partners include:
Syed Kamal Shah: Internal Secretary (current)
Inspector General Sindh Police (2004)
Ehsan Ul-HAq: ISI Chief 2001-2004;
Chairman Joint Chief of Staff (2004-2007)
Curent Army COAS: Ashfaque Kiyani: 2004-2007)
Ijaz Shah: Chief Intelligence Bureau (2004- Present)
Arbab Ghulam Rahim: Sindh Shief Minister (2004-2007)
Pervaiz Musharraf: President of Pakistan (current)


The Campaign welcomes co-sponsorship and endorsements from
organizations, firms, union locals, bar associations, and individuals.


Endorsed By: Campaign for the Restoration of Democracy in Pakistan
NOW(crdpnow.org), Pakistan USA Freedom Forum, International Action
Center, Bar Human Rights Committee of England and Wales (BHRC), Defense
of Human Rights, Pakistan, National Lawyers Guild

Events for Black Flag Week

Wednesday, March 12, 2008

PPP Leaders want Zardari to become PM: Mukhtar

ISLAMABAD: Pakistan Peoples Party leader Chaudhery Ahmed Mukhtar has said majority of PPP leaders has agreed to name party’s Co-chairman Asif Ali Zardari as new Prime Minister of Pakistan.

Talking to Geo news, Mukhtar said majority of PPP leaders considered Zardari most suitable person for Premiership of the country.

“Leaders have agreed to see him as PM, however, Asif Ali Zardari has the authority to make final decision in this regard, Ahmed Mukhtar added.

Responding to a question about exclusion of Amin Fahim from decision-making process, Mukhtar said Party has not yet made any big decision and the party was united.

President convenes National Assembly session on March 17

ISLAMABAD: President Pervez Musharraf on Tuesday convened the session of National Assembly on March 17.

“The summary reached the President House yesterday evening. In the morning I thought that at the earliest we should call the session...on March 17,” President Musharraf said while addressing at the first convocation of Pakistan Institute of Development Economics (PIDE) here.

The President said he had signed the summary sent to him by caretaker Prime Minister Muhammadmian Soomro yesterday to summon the session of National Assembly.