Daily Times Editorial May 1, 2013

Karzai’s bizarre response A report in the New York Times says President Hamid Karzai of Afghanistan received wads of cash over the past decade from the CIA, ostensibly to buy influence amongst the troubled country’s warlords. President Karzai in his response has tried to put a positive gloss on this underhand largesse by arguing that the money was used for ‘good causes’ such as operation objectives (whatever that means), helping wounded and sick people and house rents (!) and ‘other objectives’. This bizarre explanation would be laughable if it were not so tragic as a reflection of what the Americans and their local Afghan allies have wrought in that unfortunate country. Allegations of corruption against the Karzai government have dogged its footsteps throughout the last 12 years of occupation. But now comes the revelation that some (if not most) of that corruption was fuelled by the US’s own actions in trundling wads of cash to Karzai without any accounting of how that money was spent or where. This will only increase suspicions that this ‘under the counter’ cash mostly was swallowed up by Karzai and his cronies. One US official has been quoted in this context as saying that the biggest source of corruption in Afghanistan was the US itself. Admittedly, the nation building enterprise that Bush touted in Afghanistan and Iraq was inherently difficult for an occupying force, if not impossible. Nevertheless, instead of ‘building’ (infrastructure, industry, jobs), if the US was only interested in doling out cash in the hope of buying the loyalties of Karzai and the Afghan warlords, this was not only a pathetic idea, it clearly has not worked either. Afghanistan after 12 years under US/NATO occupation lies prostrate as an economy and a society. Then we hear unrealistic statements from US officials about what they are leaving behind after all the effort in money, lives, etc, expended in and on Afghanistan. If an authentic voice is to be heard, it is that of the outgoing French ambassador to Afghanistan: “We should be lucid: a country that depends almost entirely on the international community for the salaries of its soldiers and policemen, for most of its investments and partly on it for its current civil expenditure cannot really be independent.” What the corruption wrought by the US and the rake-off by its local satraps has done is to leave Afghanistan without the wherewithal to stand on its own feet once the US/NATO forces withdraw. Waiting in the wings are the Taliban, conceptually ready to take over once the almost inevitable collapse of the comprador regime in Kabul sets in without the level of external crutches on which it has been hobbling along. When the final word is written about Bush’s misadventures in Afghanistan and Iraq, no doubt history will record imperial hubris, catastrophic mismanagement of these occupied countries, and a legacy that should act as a salutary corrective to great power arrogance.

Daily Times Editorial April 26, 2013

Elections scenario The coming elections present a scenario familiar in some respects but unrecognisable in others. The string of blasts in Quetta, Karachi, Peshawar and DI Khan bear the imprimatur of the Taliban that have vowed to disrupt, if not stop, these elections. One can therefore only sympathise with and admire the courage of those who have put life and limb on the line to carry through the democratic process. Three parties in particular, the PPP, the MQM and ANP, have been singled out by the terrorists as targets because of their secular leanings. The rest may be cocooned in silence, but post-elections they may not be able to remain as sanguine that they are safe, since the Taliban have made no secret of their antipathy for democracy. The winners in particular may well prove to be at risk across the board in the future. Given the rash of violence, voices are being heard asking for the postponement of the elections. These have been categorically countered by President Zardari and Chief Election Commissioner Justice (retd) Fakhruddin G Ebraheem with the vow that the polls will not be delayed even one day. Overseas Pakistanis will not be able to vote in this election given the inability of the Election Commission of Pakistan (ECP) and the caretaker government to put the arrangements for their voting in place in time. However, given the Supreme Court’s interest (and ire at the prolonged delay of two years in the matter before it), there is every likelihood that this will come to pass long before the next elections. The final tally of candidates for 1,170 seats for the National and four provincial Assemblies makes impressive reading, despite the controversial process of scrutiny of nomination papers that brought the strange behaviour and approach of the returning officers into the limelight. According to the ECP, for the National Assembly’s (NA’s) 272 general seats, 4,671 candidates are in the field. For the 60 reserved seats for women in the NA, 258 candidates are in the running. For the reserved seats for minorities in the NA, 71 candidates are vying for 10 seats. For the 577 general seats in the four provincial Assemblies, 10,958 candidates are in the running, with 559 for 128 women’s reserved seats and 175 for 23 reserved seats for minorities. In any electoral contest, let alone one in a country beset with myriads of problems compounded by violence, this would be an impressive tally, testifying to the strength of commitment of the political class to the democratic process. However, despite the impressive numbers of candidates and the by now universally acknowledged critical importance of this democratic transition for the first time in the country’s history, there is a dark side too. First and foremost, it has to be admitted that barring a few new faces, the same cast of characters is likely to return to the Assemblies. As a class, the politicians have not exactly come out smelling of roses over the last five years. The former incumbents in particular are facing the chickens coming home to roost of five years of largely ineffectual government whose bad odour is made worse by allegations and charges (unproved so far in any court of law, it must be pointed out) of unbridled corruption and mismanagement. The PPP and its ally ANP stand squarely in the dock on this count, with the president being forced to approach the ECP regarding the campaign of ‘vilification’ being carried out against the person of the president, particularly by the PPP’s main rival, the PML-N. The president feels constrained to reply to these allegations after the Lahore High Court case in which he pledged to distance himself from partisan politics, but the fact that until recently he was the Co-Chairperson of the PPP has left him open to being dragged into the electoral fray without the right of public reply. The received wisdom at the moment amongst analysts is that the PML-N is on the rise, the PPP weighed down by the incumbency factor as much as internal problems of leadership and the threat from the terrorists, the PTI, despite its vigorous campaigning, albeit a credible challenger by now, still has a mountain to climb before it can displace the two main parties. The MQM and ANP, despite relatively stable constituencies in their areas of influence, are directly in the line of fire of the terrorists and having to tailor their campaigns accordingly. Whichever way the chips fall on May 11, the sceptics hold to the pessimistic view that the problems confronting the masses, whether unemployment, inflation, energy or sundry others are unlikely to yield to betterment no matter who wins. This mood of pessimism amongst the masses may dampen enthusiasm for the polls and affect turnout, but the historic juncture this election represents nevertheless is undeniable.

Daily Times editorial April 24, 2013

Recognition of necessity The federal caretaker government, through Attorney General of Pakistan (AGP) Irfan Qadir, has thrown up its hands before the Supreme Court (SC), expressing its inability to put General (retd) Pervez Musharraf on trial on treason charges under Article 6. The AGP in his five-page submission before the three-member bench hearing five petitions to initiate a treason trial against Musharraf clearly spelt out the caretaker government’s position that such a trial was beyond its mandate. The government was fully extended in its duty to provide security for some 20,000 candidates all over the country, coordinating for this purpose with the police, security forces and the Election Commission of Pakistan. Besides, citing various precedents from international law, the AGP argued that the mandate of the caretaker government was confined to conducting the day-to-day business of the government in preparation for handing over the reins of power to the next elected government after the May 11 elections. The government was reluctant to initiate any action or take any step that would bind the hands of the incoming elected government or confront it with an irreversible situation. In similar vein, the AGP went on, the caretaker government was not entering into any agreements wit the IMF or other international financial institutions, as this too would be considered ultra vires of its mandate. It may be recalled that Moeen Qureshi, that imported caretaker prime minister, during his short stint had committed the country to a programme with the IMF that the incoming elected government then had to live with, arguably to its detriment. The court was less than pleased with the response of the caretaker government and Justice Jawwad S Khwaja remarked that it appeared the government had neither taken, nor intended to take any steps towards initiating a treason trial against Musharraf. Justice Khilji Arif Hussain remarked that it appeared that despite the court’s orders, the Ministry of Interior too has neither acted nor plans to take action against the former dictator. This was confirmed by the statement in court by the Joint Secretary of the Ministry that no file, notes, or any other material was available on record to show that any action had been undertaken to lodge a complaint under Article 6 and the High Treason (Punishment) Act 1973 or a special court created for the purpose under the Criminal Law (Amended) Special Courts Act 1976. In the last hearing on April 17, Law, Justice and Parliamentary Affairs Acting Secretary Sohail Qadeer Siddiqui had informed the court that the Law Ministry did not have any document indicating the initiation of any process against Musharraf for subverting the constitution. He also pointed out that according to a law notification of December 29, 1994, the Interior Ministry was responsible for taking such action. In the meantime the court was approached by Musharraf’s legal team to be allowed to see their client, a right denied for the last 3-4 days. The bench directed the relevant authorities to allow such a meeting. Another dramatic development ensued when Musharraf’s lawyers told the SC that Musharraf’s mother was critically ill in Dubai and he wished to travel to be by her side. Since his name is on the exit control list, only the court could provide relief in this regard. The court in response asked for a written request to this effect and it would then consider it. The courtroom drama aside, ex-generals have weighed in with their concern if not outrage at the humiliating treatment being meted out to a former COAS, especially at the hands of lawyers opposed to Musharraf. They said the military was watching the situation closely and appealed to COAS General Kiyani to intervene and save Musharraf from further humiliation, otherwise Musharraf’s supporters would themselves rescue him from the unwanted attentions of the militant lawyers. The recognition of necessity by the caretaker government that it neither has the mandate, time or capability to touch the hot potato of a treason trial against Musharraf is worthy of some sympathy. The ex-servicemen’s take on the situation is much more ominous, albeit not unexpected. The historic first of an ex-COAS and president being dragged through the courts offends the traditional dominance of the military in Pakistan’s public life. The developments inside and outside the court also point to a simple fact: fulminations against Musharraf and the desire to see him brought to justice aside, the requisite courage and will to prosecute a dictator to the full extent of the law is still a distant dream in Pakistan.

Daily Times Editorial April 22, 2013

Musharraf’s continuing saga Musharraf’s saga since returning to the country shows no signs of coming to an end. New twists and turns emerge every day. Having spent a night as a 'guest’ at the police headquarters in Islamabad, the Anti-Terrorist Court (ATC) that had refused an extension of his pre-arrest bail and ordered him arrested, acceded to the request of the police that Musharraf being a high profile person, an ex-army chief and president, and threats against his life emanating from many quarters, including the Tehreek-e-Taliban terrorists, Laal Masjid aggrieved, Bugtis, etc, Adiala Jail Rawalpindi, where he would normally have been sent, was full of terrorists who could pose a serious security threat to Musharraf’s life. The Jail authorities too were reluctant to take the responsibility for Musharraf's safety inside Adiala Jail. The arguments having weight, the ATC accepted the police’s request to declare Musharraf’s farmhouse in Chak Shahzad a sub-jail and house him there under strict security for 14 days until his next appearance before the ATC. The charge in the ATC against Musharraf stems from an FIR instituted against the former COAS and president in 2009 for removing and confining 60 judges of the superior judiciary in their official residences after the promulgation of an emergency on November 3, 2007. In addition to this case, Musharraf faces charges in the murder cases of Benazir Bhutto and Nawab Akbar Bugti as well as the Laal Masjid affair. While a three-member bench of the Supreme Court (SC) has been set up to hear the five petitions for charging Musharraf with treason on the same charge of the treatment of the superior judiciary and will hear the case today, the Laal Masjid report presented in the SC in March has been made public. It does contain some strange recommendations. While giving the army authorities a clean bill of health, it pins the blame for the operation on Musharraf, then prime minister Shaukat Aziz and Musharraf’s political allies at the time (which arguably would include the PML-Q and the MQM). Can it be envisaged that when Musharraf was be-all and end-all, being simultaneously COAS and president, that the military authorities had no say or role in the handling of the Laal Masjid operation? While the report singles out the authorities at the time for blame, it ignores the role of the militants holed up inside the Masjid. One may recall their vigilante actions to ‘cleanse’ society of perceived ‘sin’, defiant armed resistance to the writ of the state from within the Masjid, and their myriad provocations, including killing a security forces officer, the immediate cause of the triggering of the operation. The report goes on to recommend that Jamia Hafsa be allotted the plot on which it stands and be rebuilt, without going into the issue of the illegal occupation of the Jamia Hafza militants of the adjacent Children’s Library. It then indulges in homilies about mainstreaming madrassa curricula and allotting plots for madrassas in every housing scheme! Perhaps the background of the retired judge who is the author of the report in the Federal Shariat Court has coloured its conclusions. Meanwhile in the farmhouse in Chak Shahzad, visitors are not allowed, even family members have to seek permission, and his lawyers and All Pakistan Muslim League party leaders were not allowed to see him on Sunday. Adiala Jail staff is deployed at the sub-jail and responsible for Musharraf’s kitchen out of concern at the risk of attempts to poison him. The charge of terrorism under Section 7 of the Anti-Terrorism Act has been added to the FIR against Musharraf on the orders of the ATC. It would appear therefore that the jaws of the self-inflicted trap are closing around Musharraf. However, all the calls for a trial on treason charges emanating from different directions seem to be ignoring the elephant in the room. While the proclamation of an emergency is an embarrassment for incumbent COAS General Ashfaq Pervez Kayani and others in the military top brass, the judges of the SC hearing the treason petitions could be seen as a party in the case and therefore not in a comfortable position to hear the case. On the other hand, no one seems to be mentioning the coup of 1999 that overthrew a democratically elected government. Perhaps because that would be even more embarrassing for the judiciary that gave that coup its endorsement and even allowed Musharraf to assume the mantle of Chief Executive for three years with powers to amend the constitution. Once you open the door a crack to the ghosts of the past, it is difficult if not impossible to keep some inconvenient ones out.

For Herald monthly forthcoming May issue

Akhtar Mengal walks a tightrope Sardar Akhtar Jan Mengal, chief of the Balochistan National Party-Mengal (BNP-M), is embarked on a highly risky game by returning to Pakistan after four years self-exile to lead his party in the elections. The process of his return began with his appearance before the Supreme Court (SC) last year, where he reiterated the litany of complaints the Baloch have against the state, including the phenomenon of abductions, torture and dumping of the dead bodies of Baloch nationalists all over Balochistan (and now Karachi). Akhtar Mengal and his party boycotted the 2008 elections in protest at the troubled conditions in Balochistan. The killing of Nawab Akbar Bugti in 2006, continuing military operations, the kill and dump campaign of the hated Frontier Corps and lately their mercenary death squads recruited from local tribes, all these had persuaded Akhtar Mengal that for safety he should repair abroad. The threat was not idle imagination. His party’s secretary general, Habib Jalib Baloch was gunned down on a Quetta road in broad daylight. Other activists of the party too have suffered the unwanted attentions of the security forces. Informed observers of the situation in Balochistan are convinced that the return last year by Akhtar Mengal to appear in the SC was not happenstance. Clearly, such a move would require some preliminary contacts with the establishment and their explicit or tacit nod for Mengal to return. The appearance in the SC proved the first gambit in what by now appears a calculated strategy to get back into mainstream politics through the upcoming elections. In the process, Akhtar Mengal has brought upon himself and his party the anger and threats of the Baloch nationalist insurgents. They have unequivocally stated that they will treat as an enemy anyone who participates in these polls, which they argue are intended to continue the grip of the state authorities over the province and a continuation of the repressive policies that have been in evidence since the early 2000s. One indication of the seriousness of the insurgent threat is the recent attack on Sanaullah Zehri that killed his son and others. The danger of course is that the already fragmented Baloch nationalist movement, divided along the lines of tribe, ideology and aims, may, if further such attacks are mounted against the moderate nationalist parties (including the BNP-M) participating in the elections, runs the risk of sinking into inter-tribal feuds. One indication of the tightrope walk Akhtar Mengal is currently precariously engaged in is the manner in which he has been trying to hedge his bets. On the one hand, he has been pressurising the authorities to improve the ground situation in the province by means of a cessation of the repression and release of the ‘missing’ persons, arguing that fair, free and transparent elections are impossible without the improvement in the political climate expected after such changes. This has the added advantage of reasserting his nationalist credentials. On the other hand, Mengal has defiantly brushed aside the insurgents’ threats by asserting that he and his party will not be cowed by any threats. It remains to be seen whether Akhtar Mengal is able to pull off what would be no less than a Houdini-like escape act by leading his party into the elections while avoiding or staving off any attacks by the insurgents. No one should need reminding of the fraught consequences if Akhtar Mengal and the BNP-M suffer any setback at the insurgents’ hands.

Daily Times Editorial April 20, 2013

The General in his labyrinth Latest reports in the drama surrounding General (retd) Pervez Musharraf speak of his being transported to police headquarters in Islamabad from his farmhouse in Chak Shahzad, where he had fled after the Islamabad High Court (IHC) refused to extend his pre-arrest bail on Thursday in the case of illegal detention in their residences of 60 judges of the superior judiciary after promulgation of the PCO of November 3, 2007 (the Emergency). After the refusal, the IHC ordered the arrest of Musharraf and asked the police to add the charge of terrorism in the FIR against Musharraf. However, police present in the court made no move to comply with the court’s orders. Musharraf’s security detail whipped him out of the court and transported him to his farmhouse in Chak Shahzad. The IG Police Islamabad was summoned for Friday by the IHC to explain why his officers were negligent in carrying out the arrest orders of the court and what, if any, action he had taken against them for dereliction of duty. Musharraf’s legal team attempted to file a pre-arrest bail petition in the Supreme Court (SC) but were unable to do so for lack of time. The hearing was expected on Friday. The incident left egg on the caretaker government’s face, despite the iteration by Federal Information Minister Arif Nizami that the court’s orders would be carried out, come what may. Although the latest development of Musharraf being taken to police headquarters promises the caretaker government has finally decided to put its money where its mouth is, the episode poses a challenge for the caretakers. Meanwhile the Chak Shahzad farmhouse may not remain available to Musharraf as a retreat and safe haven for long if the SC’s orders are complied with within three weeks by the Capital Development Authority (CDA). The SC has ordered that all the palatial homes built by the rich and powerful on farmland originally leased to persons displaced from Islamabad for purposes of agricultural cultivation be demolished since they violate the rules and regulations. Musharraf has clearly fallen on hard times. His arrival in Karachi did not evoke the teeming thousands of supporters he had dreamed of. His pre-arrest bail in some cases against him stands, while the bail in the judiciary detention case now hangs in the balance in the SC. He has been knocked out of the elections. To add to his woes, a petition has been moved in the Anti-Terrorist Court Quetta by Jamil Bugti to summon Musharraf in the Nawab Akbar Bugti killing case. In the Senate, members were apoplectic at the security and protocol being given by the caretaker government to Musharraf, complaining that at the same time security was being withdrawn from politicians arguably at risk because of Musharraf’s legacy, and the caretaker government was dragging its feet on charging Musharraf with treason under Article 6. The incensed Senators wanted to end the duality of law for civilians and those in uniform, as the treatment of Musharraf seemed to reflect, and for him to be administered ‘exemplary’ punishment. Musharraf’s ill-advised (from his own interests’ point of view) return to Pakistan has put the cat among the pigeons. The military is doubly embarrassed. It had reportedly advised Musharraf not to return, the latest such missive being dispatched just one month before the commando decided to conduct his latest ‘raid’. The military’s fears were for his security as well as the prospect of an ex-COAS being dragged over the coals in the courts. Although he has been provided what appears to be sufficient security by the government and his own guards to prevent any untoward development in the former apprehension, the latter one is being witnessed ever since he arrived. The military embarrassment can only be imagined in being caught in the bind of protecting their ex-COAS while being helpless to prevent the course of the law (in civilian hands). The fears of a military-civilian clash, in which if history is any guide, the latter may come out the poorer, may well be exaggerated. Times have changed. The very fact that an ex-COAS is being arrested is in itself a historic first and its significance given Pakistan’s history of military interventions and dominance cannot be understated. Whatever else democracy may or may not have delivered, it has made possible the grinding of the wheels of justice, which, as we know, grind slowly but extremely fine.

Daily Times Editorial April 19, 2013

Earthquake and after The 7.8 magnitude (on the Richter scale) earthquake that struck southeastern Iran and southwestern Pakistani Balochistan on Monday has left devastation in its wake. It was the most powerful earthquake to strike the region in five decades. On our side of the Iranian border, the town of Mashkail in Pakistani Balochistan was the worst hit. The remoteness of the region, scattered communities, lack of paved roads and electricity, limited mobile phone coverage and no proper medical facilities means difficulties in estimating the human and property loss. So far, reports say 5,000 people have been affected in the area, 2,000 homes and 150 shops destroyed, at least one person killed in Iran and 40 in Pakistan. The National Disaster Management Authority says 105 injured people have been treated. A military rescue effort has been mounted, with 16 badly injured people transported by helicopter to Quetta for treatment, while another eight others, including four young children from one family, are still awaiting evacuation by helicopter after an attempt on Wednesday was aborted by a dust storm. They were expected to be evacuated on Thursday. These are the lucky ones. Fifteen to twenty injured reportedly had to endure a 45-minute, bone-shaking journey to the Iranian border to reach a hospital. Meanwhile in devastated Mashkail, while some survivors prayed for the dead, others dug through rubble with spades and even knives to try and receiver their meagre belongings. According to Frontier Corps commander Major-General Obaidullah Khattak, nine doctors were on the scene, which portrayed a picture of just three tents in the town, with people scared to return to their homes for fear of aftershocks, a 5.7 magnitude tremor having set nerves on edge again on Wednesday. At least five government buildings housing administrative and revenue offices were reported damaged, along with a school and a hospital. The US has offered aid, including an offer to its favourite enemy Iran. The UN Secretary General too has said they are ready to offer assistance, but this has yet to be concretised. The tragedy is of course a tragedy wrought by the awesome forces of nature, about which man can do little. However, the destruction and loss of life aside, the conditions revealed in this corner of Balochistan have exposed the heart-rending poverty and deprivation in most of Balochistan. Tall claims about ‘development’ and bringing the province at par with the rest of the country sound even hollower now. The irreducible fact is that Balochistan’s treatment at the hands of the state as an ‘internal colony’ since independence has rendered the province and its people destitute, without rights, and terribly oppressed. It is this treatment, which has consistently continued through civilian and military regimes in our history that has finally, and perhaps inevitably, stoked separatist sentiment to such an extent that a whole generation of frustrated and angry young men are today perched on top of their mountains, fighting a guerrilla war for independence. If only wiser counsel had prevailed earlier, and even now, the addressing of the genuine grievances of the Baloch dating back to 1948, redressal of the worst atrocities and repression, embrace of the Baloch as equal citizens of Pakistan had been in evidence, things may not have come to such a pass. Years ago, in 1970, after the elections in that year, a typhoon struck what was then East Pakistan. The ineffective, if not absent rescue and relief effort arguably hardened opinion in East Pakistan against the Central authorities and the perennial bogeyman Punjab, and underlay the final break with Pakistan to emerge as today’s Bangladesh. Those who do not learn from history are condemned to repeat it. If the rescue and rehabilitation effort in Balochistan post-earthquake falters or is seen as inadequate, the only forces to gain traction from such a development will be the separatist insurgents. Even the moderate nationalists by now wedded (seemingly irrevocably) to participating in the looming elections will be embarrassed and shamefaced in such a situation. It is in the interests of the state and the fragile unity of the country for the authorities not to conduct the rescue and rehabilitation effort in their business-as-usual style, but to make all-out efforts to bring relief and succour to the poor, wretched and devastated victims of the earthquake.