curbs
Intellectual Rights or Intellectual Wrongs?
Stringent patent and copyright laws are limiting access to knowledge by putting a price tag on information
By Ambreen Saadat
Intellectual Property Organization of Pakistan recently held a conference on the implementation of the national Intellectual Property (IP) strategy in Islamabad. The conference was the third in the last two months, showing the zeal with which the Organization has approached the intellectual property rights (IPR) campaign in Pakistan.

Produce the body
What legal measures can be taken to make sure that victims of enforced disappearances remain within the reach of the law?
By Syed Ali Zafar
In a typical case of enforced involuntary disappearance a person is virtually picked up by the authorities in the middle of the night and usually never seen again. Family and friends of abducted persons, assisted by the NGOs and lawyers, have been known to file habeas corpus petitions and run from pillar to post, but the courts are usually helpless to assist them because government agencies and the police deny any involvement with or knowledge of the abduction. The family goes through terrible trauma for years, not knowing whether their loved one is dead or alive, and not having any recourse to justice..

utility
Branding tap water
Privatising Karachi’s water supply management may not be the answer to all problems associated with the system
By Dr. Noman Ahmed
As reported by the press on 13 November 2006, the government has decided to privatise the Karachi Water and Sewerage Board (KWSB) by the next year. This task shall be undertaken with the assistance of Asian Development Bank (ADB). A resident consultant will be appointed soon to look into the options and possibilities of private sector participation (PSP) in the KWSB. The current step seems to be in sharp contrast to the existing realities prevailing in the water and sanitation sector. For example, as per proviso of the Sindh Local Government Ordinance 2002 (and its various amendments), water and sanitation happen to be an integral sector in the functioning of City District Government of Karachi (CDGK).

Closer economic cooperation, better peace
Skeptics say to expect more peaceful relations between Pakistan and India through trade is a dream. Not everyone agrees
By Pradeep S Mehta and Huma Fakhar
A recent action by the Pakistan government to increase the positive list of tradeable products from 773 to 1075 under the South Asian Free Trade Agreement (SAFTA) could result in the doubling of formal trade from $1bn to $2bn. But, this exchange can quadruple if only there is closer economic cooperation, and that could lead to better peace.

trade
Export with authority
By Shujauddin Qureshi
Their mandate and constitution may look similar but the newly formed TDAP is expected to deliver all that its predecessor EPB could not
The government on November 7 formally issued a presidential ordinance to establish Trade Development Authority of Pakistan (TDAP), a new autonomous body replacing the Export Promotion Bureau (EPB), which was under the control of Commerce Ministry. The government expects the new entity would start proper functioning within eight months and help boost exports of the country.

The company we keep
Transparency International ranks Pakistan as the 15th most corrupt among 163 countries. But corruption is not just misuse of public money; it is also misuse of public authority which is pursued as vigorously in Pakistan
By Adnan Rehmat
The abuse of public office for private gain is corruption, according to Transparency International, an international NGO that globally tracks corruption in the public sector at the national level. Among other things, it annually ranks countries by their perceived levels of corruption, as determined by expert assessments and opinion surveys.

Newswatch 
Of Islamabad and other curious things
By Kaleem Omar
Don’t get me wrong. As a Karachiite from way back, I have nothing against Islamabad. In fact, I’m very fond of the place and its beautiful, wooded environs, set against the backdrop of the Margallas, which I’ve been exploring since long before there ever was an Islamabad. What has always bothered me, however, is the manner in which that tract of land near Rawalpindi came to be chosen as the site for the nation’s capital.

firstperson
Syed Yousuf Raza Gillani
Nothing but democracy
When the Patriots joined government they announced that Zulfikar Ali Bhutto is their leader but now they are about to merge in PML-Q which means that Chaudhry Shujaat is their political mentor. It shows that they are interest-bound individuals who have no ideology
By Muhammad Badar Alam and Aoun Sahi
Syed Yousuf Raza Gillani, a senior Pakistan People’s Party politician from Southern Punjab, has been recently released from jail. He joined PPP soon after the dismissal of Mohammed Khan Junejo’s government -- Yousuf was federal minister for railways in his cabinet -- and has stayed with the party since then. Ever since Musharraf came to power, Gillani has spent four years in jail on corruption charges framed by controversial national accountability bureau, the NAB.

Now is a good time to retire
The demand for extra-pensionary benefits has caught the fancy of those who matter in the country
By Alauddin Masood
The British colonial administration in the subcontinent granted, post retirement, some extra-pensionary perks and privileges to the chief and vice-chief of their forces. Citing that as a precedent, dozens of Pakistan’s top bureaucrats have succeeded in getting perks and privileges, over and above their normal pension. It is another thing that the British granted those perks and privileges to only two members of their vast establishment in the subcontinent.

 


curbs

Intellectual Rights or Intellectual Wrongs?

Stringent patent and copyright laws are limiting access to knowledge by putting a price tag on information

By Ambreen Saadat

Intellectual Property Organization of Pakistan recently held a conference on the implementation of the national Intellectual Property (IP) strategy in Islamabad. The conference was the third in the last two months, showing the zeal with which the Organization has approached the intellectual property rights (IPR) campaign in Pakistan.

A consensus seems to be emerging in a world undergoing globalization that innovation is the engine of long term economic growth and if an economy is to sustain growth and development, the business environment within the country must be conducive to innovation. The absence of IPR laws or their inefficient enforcement reduce the incentive for innovation and entrepreneurial activity because the profits may be ‘stolen’ by criminal elements or in extreme cases expropriated by the state itself. The stated purpose of IPR is to promote the progress of science and arts by encouraging people to undertake research by offering them the incentives of the IP system. IPR also have an ethical and moral appeal that since the creators of say, a computer program, musical composition or a new drug have used their intellectual skills to design and discover, they should be entitled to ownership of their invention and to the forthcoming profits.

So apparently IPR seem to do the dual good of stimulating research, and safeguarding interests of inventors. But there is much more beyond the overt and IP is an issue with the potential of becoming a "fault line" between the developed West and the developing Rest. An analysis of the current IP regime will show that the crucial benefits of IP accrue to the right holders giving them decisive control over the world’s output with the developing countries (DCs) bearing most of the costs. In 2005, 99% of all patent applicants belonged to thirty European countries, the USA, Japan and Germany. There were 45,452 patent applicants from a developed country like USA and only 675 applicants from a DC like India.(WIPO Statistics, PCT Statistical Indicators Report1978-2005) Such statistics aren’t surprising considering the hub of knowledge and science is located in industrialized countries.

IP laws which have been consolidated by bodies like World Intellectual Property Organization (WIPO) through agreements like Trade Related Aspects of Intellectual Property Rights (TRIPS) are exacerbating the situation. Stringent patent and copyright laws are limiting access to knowledge by putting a price tag on information. With costs like royalty fees having to be paid, the DCs will no longer have a level playing field in the pursuit of economic progress. After all today’s East Asian tigers didn’t bear the burden of IP costs when they were industrializing for there was no WIPO to police IPR then. And certainly countries at the forefront of the IP campaign had very vague IP laws when they were in the industrialization phase; Americans were notorious for pirating British publications in the 18th century . Now that the West has become the largest producer of IP by far, it thinks it fit to have a "paradigm shift" and to change the rules of the game.

The inability to buy knowledge will mean that the DCs are being left out of the global knowledge economy. The knowledge economy is based on R&D in fields like biotechnology, communications, physical sciences, medicine and agrochemicals. Marginalization from biotechnology and similar fields which are tipped to be fields of the 21st century will strengthen the poverty trap and worsen the balance of power between the developed and developing countries.

The social and economic consequences of the patent regime under TRIPS are frightening. The implications of IP for the pharmaceutical industry are a case in point. Most research is profit motivated, which is to be expected in capitalist economies adapting to the global standards of liberalization, deregulation and privatization. Pharmaceuticals are gearing new research and technology to look for drugs for which there are customers with purchasing power and not simply patients without an effective demand. Research is being done on cosmetic drugs and farm produce with longer shelf lives when diseases like malaria, tuberculosis and diarrhea are rampant.

More than 25 million people have died of AIDS since 1981, there were 38.6million people living with AIDS in 2005 with 6.8million in immediate need of life saving drugs while only 1.65 million received the drugs. They all belonged to developing and transitional economies. Vaccines are acknowledged to be the most economically worthwhile investment, but because they are a one-time sale only $690million was spent on research for an AIDS vaccine in 2004 which amounts to only 1% of all expenditure on health R&D. (International AIDS Vaccine Initiative Report, June 2005)

Admittedly the top pharmaceuticals and biotech companies of the West can’t be expected to put in extra investment for finding cures to diseases whose patients are mostly in the third world. After all they are not in this business for charity and they have to add to their shareholders’ wealth. But it isn’t also as if the third world expects to piggyback ride its way to salvation on the pharmaceuticals research. On the contrary, the generic drugs industries of countries like Brazil, Thailand and India were doing a great service to humanity by providing affordable substitutes to branded drugs. In 1998, two Thai companies produced a substitute for a $330 drug, Triflucan, by Pfizer to treat a disease associated with AIDS at a quarter of the price . Generic drugs which are sold by their chemical names and are bio-equivalent of the branded ones, took quite a bite out of the market share of multinational pharmaceuticals. Under TRIPS countries will have to grant patents over products and processes thus putting an end to cheap generic alternatives.

Then, there have been instances when scientists have tried to patent indigenous knowledge which belongs to humanity. For instance, two American scientists tried to patent medicinal benefits of turmeric on the basis of uncovering its scientific properties, when it has been used as a drug in the subcontinent for ages.

Considering the degree to which medicinal research has been warped on account of patent profits, how right is the conclusion that IPRs are necessary for stimulating research and inventions? Some of the best and invaluable inventions were not driven by incentives of patents. The polio vaccine developed by Jonas Salk was never patented. Nor did Fredrick Banting and Charles Best patent their creation of insulin; its rights were sold to the University of Toronto for the princely sum of $1 to ensure that it remained affordable.

How relevant copyrights are for common interests is controversial as well. Under TRIPS copyrights on literary work extend to fifty years after the death of the author. Why should terms extend so long, whose interests are they protecting, those of the author or the publisher? In a country like Pakistan with an annual per capita income of $736, university students can’t be expected to buy original books when pirated ones are available at rock bottom prices. Instead of facilitating the transfer of knowledge copyrights are obstructing access. Any venture to provide free or cheap access to knowledge stirs up a storm. The International Intellectual Property Alliance declares Pakistan to be a terrible market for books and has problems with the National Book Foundation printing books without the approval of the right holder. Harper & Collins and other publishers see infringement of rights at the announcement of the Google Book Search Project which digitizes and makes books searchable.

According to Business Software Alliance 82% of all computer software sold in 2005 in Pakistan was pirated. It is absurd to imagine that a common Pakistani will or can pay RS 10,000 for MS Windows 98 instead of Rs 25 for a pirated edition. For it isn’t only awareness of IP and availability of originals, it is also affordability which determines a customer’s spending patterns. When the choice is between committing the crime of buying a pirated CD or staying wanting, the first option is always more feasible.

Then the current IP regime is creating monopolies and oligopolies which are undermining the basic tenet of capitalism: competition. Microsoft used its advantage from its copyrighted operating systems to create an unchallenged market for its computer applications. Pharmaceuticals and biotech firms like Monsanto and Novartis are forming strategic alliances to finance R&D which they will then own. Eight out of the ten top selling drugs in the world are produced by American firms. The manna of patents is giving the elite corporations of the world a competitive advantage which feeds on itself.

There is a need to compare the human costs of the present IP regime with its benefits and to decide whether IPR are helping build a fairer world. Because what good is the progress of science and arts when its fruits will not be enjoyed by the teeming millions of the world? Finally, is it right to deny people the full power of digital technology and the internet, to check the diffusion of information and knowledge, when some like Thomas Jefferson have argued, "He who lights his taper at mine receives light without darkening me" and that "ideas should spread from one to another over the globe for the moral and mutual instruction of man and improvement of his condition... inventions then cannot, in nature, be a subject of property."

The promises of IP may be delirious and abstract studies on IP may be convincing on paper, but they are devoid of human realities. They are more ethereal than earthly and more intellectual than practical, in effect.

 

Produce the body

What legal measures can be taken to make sure that victims of enforced disappearances remain within the reach of the law?

By Syed Ali Zafar

In a typical case of enforced involuntary disappearance a person is virtually picked up by the authorities in the middle of the night and usually never seen again. Family and friends of abducted persons, assisted by the NGOs and lawyers, have been known to file habeas corpus petitions and run from pillar to post, but the courts are usually helpless to assist them because government agencies and the police deny any involvement with or knowledge of the abduction. The family goes through terrible trauma for years, not knowing whether their loved one is dead or alive, and not having any recourse to justice..

What makes such abductions wholly criminal and terrible is that it is one’s own government, constitutionally, morally and legally the guardians and protectors of the citizens, which permits EID of its citizens, for whatever reason.

The doctrine of national security has been pleaded as an ideological justification for the practice of EID in certain Central American countries in the 1970s and 80s. In Argentina, for example, it was said that the armed forces had become an occupying army ‘in their own country’. Statistics show that this phenomenon has since spread to other regions as well. Unfortunately cases of EIDs are not unheard of here; in fact they are reported as a regular occurrence in Pakistan. This, indeed, is an issue of grave importance for civil society.

The regimes which do not tolerate dissent regularly resort to this crime not only as a threat and punishment to the victim and his family but also to sow terror in the wider community in general, thus silencing opposing voices, apolitical and political alike. Unpopular governments usually employ the technique of EID as a means of solving their political problems. Once the technique is introduced, it imperceptibly and inexorably spreads beyond the government agencies and tends to become a practice followed by other participants in national political life, and finally even by political parties against the workers of rival political parties, as was noted with horror in Karachi in the 1980s. In this manner, the government becomes indirectly responsible for introducing of this abhorrent practice within the society.

This has led the world community to come together, on December 18, 1992, and resolve through a General Assembly Resolution 47/133 known as the ‘Declaration on the Protection of all Persons from Enforced Involuntary Disappearances’ that any act of EID

(i) is as an offence to human dignity. It is a grave and fragrant violation of human rights and fundamental freedoms,

(ii) places the person subjected thereto outside the protection of the law and inflicts severe suffering on them and their family,

(iii) constitutes a violation of the rules of international law guaranteeing the right to recognition as a person before the law, the right of liberty and security of the person and the right not to be subjected to torture and other evil inhuman or degrading treatment or punishment,

(iv) violates and constitutes a great threat to the right of life,

(v) violates a person right to a fair trial, to legal counsel, to equal protection and the right of presumption of innocence.

According to this declaration, an EID occurs when "persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups, or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law."

What is frightening about EIDs is that the abducted person simply ceases to exist -- and therefore no one can be approached for relief. The victim can be tortured for months and returned suddenly, or he may be killed and never reappear.

The important point is that EID is really a crime against society by the government itself, and as such the menace of EIDs cannot be dealt with effectively by leaving the victim’s family and friends to tackle the problem as a case. Indeed the family of the disappeared are victims themselves. The family members are also at all times aware that the search for truth may result in them suffering the same fate as the victim. The physical and mental turmoil of the family members is compounded if the victim is the single bread-earner of the family.

If the present regime is turning a blind eye to the crime of EID, as defined by the world community, then citizens must get involved. We must identify the functionaries and the source resorting to EIDs, who may the part of the government or a local mafia or political party, and expose individuals and agencies.

Pakistan is a signatory to the above declaration, and yet, statistically, one of the countries where enforced disappearances are a common occurrence. How do we tackle this crime? The declaration proclaims that no state shall get involved in or tolerate EIDs, and each state shall take effective legislative, administrative and judicial measures to prevent and terminate acts of enforced involuntary disappearances within its territory. The government is considered the sole protector of the life and security of the person.

Since it has been reported by local NGOs, Amnesty International and the relatives of some of disappeared individuals that the present regime is resorting to EIDs as a means to certain ends, the claim of the government that there is freedom of press and functional democracy in the country and that the rule of law is being established can be seriously questioned.

The first step is to have proper legal provisions in place, and this is something that Parliament has to do on a war footing. The Constitution of Islamic Republic of Pakistan 1973 fully protects the liberty and security of any citizen of Pakistan as a fundamental right and our Supreme Court has already declared that the right to life is also a fundamental right under the constitution, but there is need for more specific legislation.

The legislature must therefore promulgate laws which provide that any person directly or indirectly involved in an act of EID shall be deemed to have committed a criminal offence punishable with imprisonment and that any state or state authority which is instrumental to or acquiesces in or tolerates such disappearances shall also be liable under the civil law for compensation to the family of the victim and, or removal from service of the officials directly or indirectly responsible for the safety of the citizens and for their failure to do so.

The declaration, to which Pakistan is a signatory, requires each state to make these laws, and Pakistan will only be fulfilling its international obligations by doing so.

Since often the persons actually committing the crime of EID are personnel of the secret services or ‘agencies’ or the police itself, and these personnel merely carry out orders from higher authorities, the legislation should provide that any person receiving instructions from any authority, civilian or military, invoking an EID shall have the right and duty not to obey it and has a corresponding obligation to disclose who gave the instructions.

Just as important as legislation is the recognition in the Declaration of the right to a prompt and effective judicial remedy as a means of determining the whereabouts or state of health of persons deprived of their liberty and/or identifying the authority ordering or carrying out the deprivation of liberty, is fundamental in order to counteract and stop EIDs. In Pakistan the right of habeas corpus is enshrined in Article 199 of the constitution, which provides that if any person is being detained unlawfully against his will, the court can require the authorities to produce that person before it, and if the detention is unlawful then the court shall order the immediate release of the person.

The main problem with an EID is that the government’s aim is to place the victim outside the rule of the law and to completely violate his right to recognition as a person before the law, so that the judicial system is powerless to help the victim and his family. In order to defeat this aim it is now recognised that the role of the courts in these kinds of cases has to be dynamic and effective. The courts need to develop a judicial remedies, even if the Parliament continues to sleep. While admittedly it is the Parliament’s duty to pass appropriate legislation which provides for safeguard against EID, nothing has so far been done in this regard. It is now recognised that the courts of the 21st century need to step in and make dynamic interpretations of law. Conservative courts usually go by the letter of the law, in which case it is very easy for the government to frustrate the legal proceedings by simply denying any information about the abduction or the whereabouts of the victim. Usually the police and the federal government agencies would simply tell the courts that the victim is not in their detention and that is the end of the matter.

The Supreme Court in a recent case has recognised this, made the Inspector General of Punjab Police responsible for finding out the whereabouts of the victim. The police are obviously responsible for the safety of the citizens and if the whereabouts of the citizens continues to remain unknown, then the police have failed in their duty and must therefore be directed by the courts to produce the missing person. As a result of this dynamic approach by the Supreme Court the victim has been produced alive and his case will now proceed within the law. The Sindh High Court has also taken the notice of this menace and has called upon the government to respond to the court as to what effective measures can be taken in this regard.

The efforts of the courts will only be a small step towards providing individual relief. We have noted that recently even journalists have been picked up for reporting matters which the Government in power believed should have not been published. The authorities have been known to make the argument that, without such powers being occasionally exercised, it will be difficult to run the state effectively. This is warped logic, and if we allow isolated instances of EID to pass without protest, they will become epidemic. It is precisely for this reason, and in order to avoid EID becoming a norm, that each case of EID must not only be taken up as a national issue by the press and scrutinised under suo moto action by the courts, but the entire society must unite on this.

 

utility

Branding tap water

Privatising Karachi’s water supply management may not be the answer to all problems associated with the system

By Dr. Noman Ahmed

As reported by the press on 13 November 2006, the government has decided to privatise the Karachi Water and Sewerage Board (KWSB) by the next year. This task shall be undertaken with the assistance of Asian Development Bank (ADB). A resident consultant will be appointed soon to look into the options and possibilities of private sector participation (PSP) in the KWSB. The current step seems to be in sharp contrast to the existing realities prevailing in the water and sanitation sector. For example, as per proviso of the Sindh Local Government Ordinance 2002 (and its various amendments), water and sanitation happen to be an integral sector in the functioning of City District Government of Karachi (CDGK).

However many lacunae remain unaddressed. The previously existing Karachi Water and Sewerage Board Act of 1996 also stands valid which grants autonomy to KWSB. A working arrangement was developed between the CDGK and KWSB under supervision of Sindh Government few years ago. The Managing Director of KWSB was also the Executive District Officer Water and Sanitation Group of Offices. In that capacity, he was answerable to City Nazim. With KWSB short listed for privatization, this administrative and legal arrangement, which already has inbuilt anomalies, shall become even more confusing. Besides, it is not clear how the status of water shall be established, if KWSB is privatised.

At present, water supply is perceived as a state driven service with drinking water considered to be a social commodity for universal consumption. A private sector operator of the system shall obviously turn water into a tradable commodity with the objective of profit making. It may happen that constitutional privilege of obtaining drinking water on priority from shared water resources at the provincial and national level would be jeopardized in the future. Private sector participation has been attempted in the past and met with disappointing results.

The overall scenario needs to be reviewed to understand the present dynamics. Karachi inherited a reasonably developed piped water supply system from the British administration. However, soon after independence, the city experienced one of the fastest phases of its growth. The population multiplied 2Ω folds in just four years between 1947 and 1951. Consequently, a plan was made to enhance the water supply from Indus source in 1953. Karachi Joint Water Board (KJWB) was constituted as the institutional mechanism to undertake this task. Many periodical enhancements in the supply were made thereafter. The Karachi Development Authority (KDA) was entrusted to undertake water supply schemes for the city while Karachi Metropolitan Corporation (KMC) was responsible for the supply to the consumers as well as recovery of water charges. The KMC also controlled the sewerage system of the city.

To streamline the water and sewerage service, Karachi Water Management Board (KWMB) was constituted in 1981. It was responsible for water supply to the entire metropolitan area of Karachi, as well as cost recovery. Soon it was recognised that due to inadequate legislative covers and administrative powers, the KWMB was not proving to be an effective solution.

Under the advice of the World Bank, the Karachi Water and Sewerage Board was formed in 1983. This was done through an exclusive piece of legislation titled Sindh Local Government (Amendment) Ordinance, 1983. The Mayor of Karachi was made Chairman of the Board. It had a managing director to serve as the chief executive. It had expanded powers and functions which included water supply arrangements from the source; provision of retail water supply connections to consumers; undertaking operation, maintenance and construction of water and sewerage works; collecting water and sewerage charges from the consumers; undertaking forward planning for emerging needs and requirements; imposing penalties on defaulters; maintaining accounts and records of the Board and preparing tariff proposals to KMC.

In all routine policy matters, KMC was the deciding authority. In 1996, the Sindh Assembly passed an act providing greater legal and administrative authority to KWSB. Its status changed from an affiliate organ of KMC to a fully autonomous body with its own board of governors appointed by the Government of Sindh.

In terms of performance, the KWSB experienced serious shortcomings during the past two decades. KWSB has accumulated a total debt of over 46 billion rupees which stands as a large liability. Its listed consumers are around 1.1 million, whereas recoveries could only be made from 162,000 -- a mere 7 percent of the total number. Massive leakages and thefts contributed to a net loss of 35 percent of supplied quantities. An informal water market evolved which thrived with the connivance of some of KWSB staff members, water vendors and other operators in low income and commercial/industrial areas. On assumption that this state of affairs was incurable, the World Bank advised the Government to initiate a private sector participation strategy (PSP) in 1994-95. A World Bank mission on water and sanitation visited Karachi to hold discussions with the then Chief Minister (CM) Sindh and offered support to the provincial government for exploring the possibility of PSP as a solution to the worsening water and sanitation situation. At the invitation of the Sindh government, a follow up World Bank mission in January 1995 presented to the then CM a blueprint for radical reform of Karachi’s water and sanitation sector with PSP as the focal theme. KWSB was advised of these deliberations after a policy decision had been taken by the provincial government.

World Bank continued to lead the PSP policy affairs. It suggested a shortlist of eight leading international organizations possessing vast experience in water sector privatization for consideration of the Sindh government. On the advice of the World Bank, the CM, senior officials of the government and the KWSB attended a PSP seminar in Paris in June 1995 to demonstrate the commitment of the government to the idea of PSP. On his return, the CM constituted a high-powered Steering Committee to oversee the PSP consultancy and to ensure that this initiative would not fall prey to bureaucratic red tape. A detailed terms of reference was prepared to streamline the various planned procedures and stages in private sector participation in KWSB. The government advocated for privatization from different fora. The ministers in their speeches to the Sindh Assembly repeatedly gave their resolve to implement the PSP as a top priority task during 1995-96. Similarly, the management of KWSB was also vocal about the issue through press briefings and seminars. It also published promotional literature in Urdu and English on the subject.

As a result of a well-defined campaign, print and electronic media gave good coverage to various developments, covering almost all aspects of PSP in KWSB. During the public awareness campaign, efforts were made to ensure that accurate and impartial information could be made available with regard to PSP strategies as proposed by the consultants and approved by the Government of Sindh.

The KWSB opined that the PSP had the capacity to generate an efficient and equitable water supply and sanitation system that will be available to all cross sections of society. According to the government PSP aimed at improving the water supply and sanitation for all the residents of the city without the reservation of higher or lower income groups in the city. Independent analysis showed a different perspective. From the range of stakeholders that were associated with water and sanitation, the apparent beneficiaries would be all but the urban poor who resided in unplanned areas without any legal title or regularized status.

Many procedural steps were completed such as inviting bids and preliminary scrutiny. However, the political situation in the province led to retardation of the process. Also, certain quarters approached the Sindh High Court (SHC) against the PSP. Trade unions, ex-officers of KWSB and citizens groups had been active in its regard. The SHC issued orders to temporarily freeze the whole process. While the process was temporarily frozen by the Sindh High Court, the Government of Sindh continued to explore the possibilities of the privatization of KWSB. Past attempt of PSP was viewed by stakeholders with many concerns through a well organised process.

The stakeholders who comprised consumers of various ranks and profiles, professional experts on water and sanitation, former city administrators, former heads of KWSB, political groups and community organisations cited their views on privatisation of KWSB and subsequently the water and sanitation services. Series of workshops, organised/structured research by academic institutions such as NED University and Urban Resource Centre helped document and analyse this situation for two years.

This extensive research gave rise to many conclusions. The privatization strategy that was prepared by the concerned decision makers only offers remedies for the financial aspect and does not guarantee a logical service improvement. In the prevailing political and administrative climate of Sindh, the privatization of KWSB on the present format would be a difficult proposition to implement. Absence of commitment from the different ranks of management of KWSB would pose a serious problem in the application of privatization strategy. The dynamics that led to the creations and application of privatization clearly suggested that it has been imposed as a macro level decision without gauging the fundamental ground realities. While the KWSB had been declared as financially impotent, the reasons that have led to this state of affairs were neither documented nor analysed during decision making. The various linkages that existed in the water supply and sanitation sector are not accounted for. From the proposed privatization strategy, there appeared no convincing evidence as to how the system would improve after privatization since the proposed private operator was advised to focus only on tariff enforcement and improving revenue collection. Compound after effect of privatization of water at the proposed tariff rates 300 times higher offer five years would be very high, though it was not properly analysed.

It must be clearly understood that the water supply management of Karachi requires a comprehensive analysis to be conducted. Detailed stock taking of every aspect of the service is required; including water sources assessment, different grades of bulk water transmission, retail distribution, operation, maintenance and revenue recovery. The experiment of PSP has established that any clandestine attempt to privatise shall neither be accepted by stakeholders nor shall prove viable if undertaken without consultation and foresight.

Skeptics say to expect more peaceful relations between Pakistan and India through trade is a dream. Not everyone agrees

By Pradeep S Mehta and Huma Fakhar

A recent action by the Pakistan government to increase the positive list of tradeable products from 773 to 1075 under the South Asian Free Trade Agreement (SAFTA) could result in the doubling of formal trade from $1bn to $2bn. But, this exchange can quadruple if only there is closer economic cooperation, and that could lead to better peace.

Whenever one speaks about the peace-promoting economic relations between India and Pakistan, skeptics opine that relations between the two are marred by the border dispute and terrorism across borders. Hence, to expect more peaceful relations between the two fast growing economies through trade is a dream. We do not agree.

Once, one of us had written to the US government to promote mutual trade between the two countries by offering duty free imports if one used the othersí inputs in their exportables to the US. The idea was received positively.

Until recently, we did not know that to promote peace in the Middle East, the US had adopted a similar scheme In 1996, the US Congress authorised designation of qualifying industrial zones (QIZs) between Israel and Jordan (1999) and Israel and Egypt (2004). The QIZs allow Jordan and Egypt to export products to the United States duty-free if the products contain a minimum level of inputs from Israel. The purpose of this trade initiative has been to support the prosperity and stability in the region by encouraging economic cooperation. It has worked well.

Since both India and Pakistan are currently preparing to or entering into various preferential trade agreements (PTAs, bilateral as well as regional) with other countries and regions (both with developed and developing countries) it would be sensible to include QIZs type of arrangement in some of the agreements particularly with EU, US and China and even within SAFTA and the proposed ASEAN-India FTA. Such arrangement would help both Indian and Pakistanis exporters/importers to reap benefits of free trade as well as promote greater cooperation.

Among other ways to promote economic cooperation is to look at cross-border infrastructure projects across the globe, which have been able to release limitations on free economic relations and therefore open prospects for economic benefits from cooperation. Regional cooperation projects have a potential for the improvement of the well being of all parties involved because of the scale economies they permit, the complementarities between the economies, and the externalities they induce (multiplier effects, attraction of foreign investment, diminution of gaps, etc).

The East-West Economic Corridor (EWEC), a 1500 km long highway project crossing six Greater Mekong Sub-region countries in South-East Asia connecting South China Sea to Indian Ocean and the Middle-East regional cooperation projects are some good examples. In the same vein, mega-economic projects like the Turkmenistan-Afghanistan-Pakistan and the Iran-Pakistan-India gas pipeline projects would help in promoting trust and regional economic cooperation between India and Pakistan.

Regional trading blocs may be an instrument for peace and prosperity. As the famous economist J.M. Keynes (1919) observed, "A Free Trade Union, comprising the whole of Central, Eastern and South-Eastern Europe, Siberia, Turkey, and (I should hope) the United Kingdom, Egypt and India, might do as much for the peace and prosperity of the world as the League of Nations itself".

Keynes reminds us that trade and commerce have been the most effective way of establishing peace between rival nations. History offers great many examples to support this viewpoint. The Second World War witnessed the worst enmity between the Allied forces led by the UK and the US, on the one hand, and the Axis powers, led by Germany, on the other.

The people of Poland, Holland and Russia still shudder with the bitter memories of the Nazi atrocities while relations between France and England could improve after several decades of the War. The formation of the European Union has given rise to higher levels of economic well being resulting from enhanced economic cooperation amongst the member states. Additionally, it has been instrumental in shrinking of war-generated ill-will in the minds and heart of most people, especially the generation which came of age by the 1970s.

It is hard to believe that Thailand was on the opposite side in the Vietnam war. Vietnam invaded Cambodia in 1975, Vietnam and China fought in 1979 and Thailand had a border skirmish with Laos as recently as 1988. Regional co-operation has come a long way since.

History provides ample evidence that no neighboring countries have ever survived and progressed on prolonged belligerent relations. "History repeats itself" is the saying going around for time and again. The famous economist Wilfred Pareto (1889) wrote, "customs unions and other systems of closer commercial relations (could serve) as means to the improvement of political relations and the maintenance of peace".

The Southern African Development Community originated in the 1980ís as a coalition opposed to apartheid in South Africa and has more recently turned to creating a free trade area. Some observers note that African customs unions and free trade areas are as active in areas such as conflict resolution as in trade liberalisation. Finally, many see relaxed tensions between India and Pakistan as the real payoff from the SAFTA agreement, regardless of what happens to trade barriers in the region (World Bank, Global Economic Prospects, 2005).

Many current studies also point out that RTAs that expand trade flows appear to have a substantial dampening impact on conflict. Mansfield and Pevehouse (2000) attempt to identify empirically the role of RTAs in ameliorating conflict. They found that, on an average, the likelihood of the outbreak of a militarised interstate dispute declines by around 50 percent if both belong to the same RTA. However, only RTAs that expand trade flows appear to have a substantial impact on conflict. In Africa, for example, RTAs that address the management of cross-border resource issues (such as water) are more effective in reducing military conflict than other RTAs.

Though both India and Pakistan are moving closer, it is at a snail’s pace and constantly encountering hurdles. Some of the above measures could divert attention from sticky matters and accelerate the speed of greater economic cooperation between the two nations through reduction (if not elimination) in tensions and mistrust and bringing in peace and tranquility in this region.

 

trade

Export with authority

By Shujauddin Qureshi

Their mandate and constitution may look similar but the newly formed TDAP is expected to deliver all that its predecessor EPB could not

The government on November 7 formally issued a presidential ordinance to establish Trade Development Authority of Pakistan (TDAP), a new autonomous body replacing the Export Promotion Bureau (EPB), which was under the control of Commerce Ministry. The government expects the new entity would start proper functioning within eight months and help boost exports of the country.

The new authority has been entrusted the gigantic task to facilitate in financing to exporters, export-oriented small and medium enterprises, risk management of exporters and international buyers, energy and infrastructure needs of exporters and related industrial areas and zones, quality management, social, environmental and security needs of the traders. .

The TDAP mandate has been expanded to include trade development in addition to export promotion as was being done by EPB. "The authority will be under the administrative control of the ministry of commerce to ensure that its policies are in synchronization with the overall policies of the federal government," said Commerce Minister Humayun Akhtar at a press conference in Islamabad.

The same management would take over the new body, with appointment of bureaucrats, professionals and consultants to run the affairs of the authority. EPB Chairman Tariq Ikram has already been nominated as Chief Executive Officer (CEO) of TDAP with Naveed Arif, a 21-grade government official, as the Secretary. The 27-member Policy Board, yet to be formulated, would consist of the government representatives and private sector traders.

According to EPB sources, the Policy Board of TDAP would comprise the Commerce Minister as chairman, CEO as Vice Chairman, secretaries of Commerce, Finance, Industries, Textile industry, Food and Agriculture (Minfal), Board of Investment, chief secretaries of all four provinces and AJK, president Federation of Pakistan Chambers of Commerce and Industry (FPCCI), president Overseas Chamber of Commerce and Industry (OCCI), the CBR chairman, and SBP deputy governor as its members.

Besides, 10 members would be chosen from the private sector including a person nominated by the chairman. All policy decisions, including any change in previous policy in respect of any matter within the jurisdiction of the authority, would be made only by the board, which would also adopt policy recommendations of the authority with or without modifications as it may deem fit in its sole discretion. However, the federal government could increase or decrease the number of members and prescribe qualification and mode of appointment of such members in such a manner as it may consider necessary.

The board would form an executive committee with the commerce minister as the chairman, while the chief executive of the authority, secretaries of Commerce and Finance, presidents of FPCCI and OCCI, SBP deputy governor and three other members would be from the private sector.

Many questions still remain unanswered regarding the formation of the authority. Traders questions the justification of establishing a body when EPB was already there. Most exporters are unhappy that they were not taken in confidence before formation of the authority. "We were not involved at any stage of creation of the authority," complained Masood Naqi, Chairman Korangi Association of Trade and Industry (KATI). Naqi, who is also a big exporter of textile garments said that even businessmen associations were not contacted to discuss the formation of the board.

"Until and unless major export sectors are not given representation on the board, the authority would not be so effective," said Naqi.

The EPB, which was established in 1963 as an attached department of the Ministry of Commerce, has been facing a lot of criticism by the exporters as it did not solve their problems. Headquartered in Karachi with 14 regional offices all over the country, the EPB was mandated to help exporters to participate in exhibitions abroad and to send delegations to export markets to explore new markets and develop the traditional markets. Development of product and market reports was also included in the responsibilities of the bureau. The EPB used to organise international fairs of textiles and clothing in the country, but for many years it had stopped such activities.

The EPB had established about 24 training institutes and projects in various export sectors to train necessary manpower that could manage the export trade and industry professionally, in keeping with the requirements of export markets. The performance of those institutes is not so encouraging, even though some of them are doing very well. EPB had financed/part-financed three pollution control projects and two laboratories for export industries. In addition, EPB provided product-specific and general policy advice to the government to realise and enhance the export potential of the economy.

But all was not well at the EPB and the government knew it, particularly in the post-WTO era, so it decided to set up TDAP.

"The TDAP would be involved in trade development to realise the actual potential of different sectors. The establishment of a new organisation with the capacity of meeting the new business challenges has also been necessitated at a time when the country’s export sector is under pressure," said Tariq Ikram, the CEO of TDAP in a statement.

Ikram, who held the office of Chairman EPB for the last six years is presently in the process of formulating strategies and standard operating procedures to properly launch the TDAP. Before joining EPB on January 11, 2000, he was Regional Head of the Reckitt Benckiser.

Independent research analysts feel there was a need of a body, which would solve the problems of traders. "The government expects to bring a change in country’s foreign trade through a new authority as EPB was not delivering its services effectively," said Mohammad Sohail, Research Head at Jahangir Siddiqui Capital Market. The problems of exporters are increasing particularly after the implementation of World Trade Organization (WTO) trade regime, he opined. So, he said, establishment of TADP and a much focussed attempt of the government to find new markets and develop the export sector was a need of the hour.

Although the government is still in the process of formulating the new authority and its policy board, the traders particularly exporters do not expect much after the establishment of a new body. "It is old wine in new bottle," commented Majyd Aziz, President, Chamber of Commerce and Industry, Karachi (KCCI).

"No one knows how the new authority would function and what will be role of the private sector members in the board. Role of government in the growth of exports is negligible. All the progress is due to efforts of exporters," said Aziz, adding that the role of the government is to facilitate private sector in easing out procedures and rules and facilitating exports. "Here the cost of doing business is increasing and production is declining and we are facing tough competition in the international market, but there is no relief from the government," KCCI President commented.

He said when the government says it wants to have quantum jump in exports, it needs to take serious steps and remove all blocks in the the way of growth of exports.

Despite all claims of taking the export target of 18.6 billion dollar for the current fiscal year very seriously by the government, the new body would face tough challenges in the time to come. Commerce Minister Humayun Akhtar at a press conference in Islamabad said that the TDAP mandate has been expanded to include trade development in addition to export promotion. He admitted that EPB was unable to play its proactive role in an international scenario which has undergone a gigantic change with the inception of the WTO. Success in international trade in goods and services is now inextricably linked with an effective export marketing strategy and compliance with international trade laws. Keeping this in view, the EPB needed to be substantially transformed.

He said TDAP will have administrative and financial autonomy for achieving its stated objectives, including flexibility to hire human resource at market salaries.

Expectations are aplenty. Only time will tell how many are fulfilled by the new authority.

Transparency International ranks Pakistan as the 15th most corrupt among 163 countries. But corruption is not just misuse of public money; it is also misuse of public authority which is pursued as vigorously in Pakistan

By Adnan Rehmat

The abuse of public office for private gain is corruption, according to Transparency International, an international NGO that globally tracks corruption in the public sector at the national level. Among other things, it annually ranks countries by their perceived levels of corruption, as determined by expert assessments and opinion surveys.

The TI Corruption Perceptions Index 2006 released this month showcases findings based on questions relating to bribery of public officials, kickbacks in public procurement, embezzlement of public funds or questions that probe the strength of anti-corruption policies, thereby encompassing both administrative and political corruption.

According to this index, Pakistan emerges as the 15th most corrupt among 163 countries ranked. The most corrupt ranked is Haiti and Finland as the least. The index scores countries on a scale from zero to 10, with zero indicating high levels of perceived corruption and 10 indicating low levels of perceived corruption. Pakistan gets a dismal score of 2.2, Finland a top of 9.6 and Haiti a pathetic 1.2.

Perception deficit

What does this mean for Pakistan? Apart from the obvious -- that corruption is rife in the country -- it confirms that there is a huge deficit between the government’s perception of its performance, insisting as it does that corruption has been contained at the macro level at least, and that of the people who know better through their sheer everyday experience.

The latest corruption perceptions index reveals a strong correlation between corruption and poverty. "Corruption traps millions in poverty," TI says, adding that "despite a decade of progress in establishing anti-corruption laws and regulations, today’s results indicate that much remains to be done before we see meaningful improvements in the lives of the world’s poorest citizens."

On this score, again, there is a chasm between the perceptions of the government and people in Pakistan at the effectiveness of efforts to alleviate poverty. There are few takers of the official claims that poverty is being reduced thanks to the last seven years of efforts. Near-double digit inflation driven by fuel and food prices is alone enough for people to pooh-pooh these claims.

That the people rather the government of Pakistan are right is borne out by the annual TI corruption perception indexes. Pakistan scored 1 out of 10 in 1996; 2.5 in 1997; 2.7 in 1998; 2.2 in 1999; 2.3 in 2001; 2.6 in 2002; 2.5 in 2003; 2.1 in 2004; and 2.1 in 2005. Pakistan was not listed in the 2000 index.

These scores indicate that any improvement in the prevalence of corruption in Pakistan has only been marginal -- not enough to help meaningful numbers to climb out of poverty. The government may chafe at the thought that one of the world’s only handful of nuclear powers, Pakistan is perceived internationally to be in the ranks of the world’s most unfortunate nations.

Bad, worse, worst

Since nations, like people, are known by the company they keep, which are the countries whose people share similar fates? As far as the TI corruption perceptions index goes, the countries with similar comparable levels of corruption (2.2 out of 10) include worse than Pakistan (2.2) include: Angola, Sierra Leone, Tajikistan and Turkmenistan. Countries faring worse than Pakistan are Belarus, Cambodia, Cote d’Ivoire, Equatorial Guinea and Uzbekistan (all 2.1), Bangladesh, Chad, Congo and Sudan (all 2.0), Guinea, Iraq, Myanmar and Haiti (all 1.9).

Pakistan may be marginally better than these countries but countries marginally better than Pakistan include Venezuela, Ecuador and Cameroon (2.3) and Zimbabwe (2.4). At least 10 of these countries belong to the club of the poorest in Africa. Most of the others are laggards from central Asia. Hardly inspiring company when it comes to international credibility as a country with clean practices.

While prevalence of corruption is not limited to wealth levels, it is certainly in large part due to poor governance due to lack of adequate transparency and accountability as well as non-representative government. And all these factors apply to Pakistan. It all starts with political corruption.

And yet the paradox of Pakistan is interesting. According to research, Pakistanis are among the most generous people in the world -- parting with over a billion dollars every year for philanthropy. Yet virtually nothing from this share is donated to funds managed by the government. Few citizens seem prepared to trust their government because of a lack of transparency.

Political corruption

The traditionally low level of trust in governments is symptomatic of a larger malaise afflicting Pakistan. This is reflected in a survey launched last year by TI titled: ‘Corruption in South Asia: Insights & Benchmarks from Citizen Feedback Surveys in Five Countries [including Pakistan].’ Here are institution-wise findings of the report in its own words.

Parliament: "In Pakistan the continuity of parliament is a key problem which results in a lack of accountability and increases the risk of corruption. The parliament acts as a very vibrant and active institution in India, while the parliamentary system in Pakistan has proved itself, on the whole, to be weak because the prime minister rules primarily by presidential guidance. The parliament’s role in Pakistan has been fundamentally weakened by legislators with low integrity, reflecting the overall political culture where the desire for power at all costs has meant political expediency."

Judiciary: "The judicial system in Pakistan is unfortunately not held in high esteem. The introduction of the Federal Shariat Court has superimposed an additional layer on the judicial process. This has raised some critical concerns regarding overlap and supremacy between civil and religious laws. The judiciary in general fails to provide real justice and remedy for wrongs, which only increases corruption across society. The problem of corruption is also acute in the subordinate judiciary where money needs to be paid at virtually every step of the judicial process in order to move cases forward. The Pakistan Bar Council in a white paper has accused a section of the judiciary to have declared ‘unlawful acts’ as lawful and to have encouraged dictatorship."

Political Parties: "The Pakistan political system is highly elitist, with candidates and political leaders largely drawn from the feudal classes and, in recent years, the affluent business classes. Most political parties are personality-driven, with virtually no alternative leadership. Political parties in Pakistan have suffered from a low-level of institutionalism and do not play an active role in a non-electoral context. Observers note that political parties have not only been a part of unfair and rigged elections, but they have also been a cause for the destabilisation of politics and of the institution of democracy."

Accountability

According to the latest TI corruption perception index report, the weak performance of many countries, including Pakistan, indicates that the facilitators of corruption continue to assist political elites to launder, store and otherwise profit from unjustly acquired wealth, which often includes looted state assets.

The government may be making efforts to curb financial corruption and the Supreme Court has recently been winning praise and admiration for some public interest cases such as the Steel Mills case and unnecessary appointments of advisors and special assistants to the Punjab chief minister to oblige coalition allies but the success of any reform initiative requires strong political will and commitment. It is not a one-off thing.

It is imperative to develop a comprehensive strategy in the broader framework of governance to address corruption. But corruption is not just misuse of public money; it is also misuse of public authority. The very fact that the military is in power in Pakistan -- the head of state and the army chief are the same person -- in violation of the spirit of the constitution. Until abuse of power is pursued as vigorously as some cases of financial impropriety are pursued, Pakistan will remain a largely corrupt country.

Of Islamabad and other curious things

By Kaleem Omar

Don’t get me wrong. As a Karachiite from way back, I have nothing against Islamabad. In fact, I’m very fond of the place and its beautiful, wooded environs, set against the backdrop of the Margallas, which I’ve been exploring since long before there ever was an Islamabad. What has always bothered me, however, is the manner in which that tract of land near Rawalpindi came to be chosen as the site for the nation’s capital.

Karachi was Pakistan’s capital. It was chosen as the capital of the new state by Quaid-e-Azam Mohammed Ali Jinnah in 1947. But soon after General Ayub Khan took over as the military ruler of Pakistan in 1958 (he didn’t promote himself to field marshal until seven years later), he decided to shift the capital to the then non-existent city of Islamabad.

Ayub Khan had no legal authority to take such a decision. Who was he to decide where the capital should be when the country’s founder had decided that it should be Karachi? If Ayub wanted to make Islamabad the capital, he should have put the question to the Pakistani people in a referendum. That was never done. Nor was the decision ever ratified by any elected parliament. So the decision remains illegal to this day.

Since Karachi was also the capital of Sindh province, Gadap -- an area just north of the city -- was chosen as the site for the federal capital in 1948. To separate the provincial capital from the federal capital, a tract of land between the two was designated the ‘buffer zone’. The buffer zone still exists, though many of its younger residents probably don’t know just why it’s called the buffer zone.

It is said that Islamabad is half the size of Washington’s Arlington National Cemetery and twice as dead -- occasional flurries of excitement aside, such as those seen during the recent Saarc summit.

Wags say Islamabad is 15 miles from Pakistan, meaning that the ‘real’ Pakistan begins in Rawalpindi, a messy child’s-pudding-plate of a town that is very unlike the spick-and-span capital with its gleaming buildings and wide boulevards.

If a foreigner coming to Pakistan for the first time were to land at Islamabad airport and be driven straight to the capital and take the same route out a couple of days later, seeing nothing of the rest of the country, he could be forgiven for thinking that Pakistan was an aid-giving country rather than an aid recipient. Indeed, he might even be tempted to ask us for a couple of billion dollars in aid for his own country.

A few years ago, press reports quoted a prominent Islamabad-based psychiatrist as saying that 40 per cent of the city’s residents suffered from psychiatric disorders of one kind or another. Which may have been a polite way of saying that they were nuts. A select few -- the bureaucratic creme de la creme, so to speak -- are Grade-22 nuts, while the rest, presumably, are lower-grade nuts.

A Karachiite businessman friend of mine says he has hated going to Islamabad ever since the Zia-ul-Haq days, because everybody he ran into over there after 6 p.m. in those days had a ‘furtive look’.

Talking of Zia, though, he would doubtless have been the first one to agree with Heine’s Law, which states: "One should forgive one’s enemies, but not before they are hanged." In the days when Zia was ruling the roost, wags used to say that the government was thinking of making the death penalty more severe.

Islamabad -- a curiously heterogeneous mix of bureaucrats, retired bureaucrats, politicians, diplomats and shifty-eyed middlemen looking to broker lucrative business deals -- lives by an assortment of axioms, principles, laws, rules, observations and postulates. Here’s a selection:

Hoffman’s Rule: Smile -- it makes people wonder what you’re thinking. That’s why press photographs of Islamabad’s political and bureaucratic mandarins show so many of them smiling, even when there is very little to smile about -- in fact, especially when there’s nothing to smile about.

Nowlan’s Deduction: Following the path of least resistance is what makes men and rivers crooked. In this context, there’s an old nursery rhyme that is particularly apt. This is how it goes: "There was a crooked man/Who walked a crooked mile,/Who had a crooked nose/And smiled a crooked smile..."

Imhoff’s Law: The organisation of any bureaucracy is very much like a septic tank -- the really big chunks always rise to the top.

Doeggler’s Findings: Politicians’ political issues are true enough -- only their facts have been made up. That’s another way of saying that if you want to get ahead in politics, never let facts get in the way of your political slogans. A good slogan beats a good solution anytime.

Ameriger’s Axiom: Politics is the gentle art of getting votes from the poor and campaign funds from the rich by promising to protect each from the other. This is done through the enactment of all sorts of clever laws and the promulgation of all sorts of even cleverer ordinances -- all of them based on the time-tested principle that any law with more than 50 words in it contains at least one loophole.

Thomas Jefferson’s Postulate: Delay is preferable to error. In Islamabad’s bureaucratic corridors, this rule has been further refined to state that inaction is preferable to action. Make that infinitely preferable. No one in the bureaucracy is ever taken to task for not doing something, only for doing things.

The Oil Spill Principle: People will accept any bad news if the magnitude of the disaster is revealed gradually. This principle has acquired a new lease on life since last year’s Tasman Spirit oil spill disaster. Islamabad is still sitting on the inquiry report into that disaster.

Lovka’s First Political Principle: There is no sincerity like a politician telling a lie. By corollary, an honest politician is one who, when he is bought, stays bought.

Abourezk’s Laws of Politics: (1) Don’t worry about your enemies; it’s your allies who will do you in. (2) The bigger the budgetary allocation the shorter the debate. (3) If you want to curry favour with a politician, give him credit for something that someone else did. (4) The only thing most politicians stand for is re-election.

Storry’s Principle of Criminal Behaviour (as applied to politicians and bureaucrats): The degree of guilt is directly proportional to the intensity of the denial. A lot of times, there is only circumstantial evidence of criminal behaviour, since no bureaucrat or politician is likely to issue a receipt saying he has received a sum of money as a bribe.

It should be noted in this context, however, that some circumstantial evidence is very strong, as when you find a trout in the milk. Even if you haven’t actually seen someone putting the trout in the milk, you can safely infer that someone must have done so since milk is not the trout’s natural habitat.

Nowlan’s Observation: Following the path of least resistance is what makes politicians and rivers crooked. That’s why it is said that the first myth of good governance is that it exists.

 

firstperson

Syed Yousuf Raza Gillani

Nothing but democracy

When the Patriots joined government they announced that Zulfikar Ali Bhutto is their leader but now they are about to merge in PML-Q which means that Chaudhry Shujaat is their political mentor. It shows that they are interest-bound individuals who have no ideology

By Muhammad Badar Alam and Aoun Sahi

Syed Yousuf Raza Gillani, a senior Pakistan People’s Party politician from Southern Punjab, has been recently released from jail. He joined PPP soon after the dismissal of Mohammed Khan Junejo’s government -- Yousuf was federal minister for railways in his cabinet -- and has stayed with the party since then. Ever since Musharraf came to power, Gillani has spent four years in jail on corruption charges framed by controversial national accountability bureau, the NAB.

In an interview with The News on Sunday, Gillani talks about various issues including political culture, charter of democracy, economics, religious fanaticism and the party programme after it comes to power. Excerpts follow:

The News on Sunday: Why are we, in Pakistan, unable to create a political culture based on tolerance? Why do you think people in power don’t hesitate to put their political rivals behind bars?

Syed Yousuf Raza Gillani: The reasons are pretty obvious. The institutions have not been allowed to develop and that is the reason that most of the parties as well as politicians lack political maturity. If the institutions were allowed to flourish, you wouldn’t have felt the need to ask this question. But sooner or later the situation will change. I think, charter of democracy is a very good initiative in that direction.

TNS: Do you not think such a situation would only emerge when all stakeholders of society sit together to evolve a new social contract in view of the present scenario and needs?

YRG: We already have a social contract in the shape of 1973 constitution. Constitutions are not good or bad, it is their implementation or lack of it that makes them so. 1973 constitution, so far, is the only binding force among the federating units of country. It is very much practical and consensual, but what is needed is to practise it in its original form.

TNS: In a political culture based on intolerance and bias why should anyone join politics. Even if one dares, what should be the line of action?

YRG: It is very important to strengthen political forces in the present scenario. One should be ready to serve people while in power. The key is that even when you are not in power, people should respect you and give weightage to your suggestions. One should keep in mind that a person’s main strength in politics is his character.

TNS: You are talking about principles and character while it seems your party PPP is getting closer to the establishment...

YRG: PPP does not believe in getting power from backdoor and through some deal with establishment or generals. There is a lot of difference between perception and reality. We are still an anti-establishment party. We are out of power even after getting more votes than any other political party in 2002 general elections because we do not believe in sharing of power. We want a complete transfer of power to the chosen representatives of people of Pakistan.

TNS: But since 1988 your party enjoyed power twice but was unable to deliver?

YRG: If we were unable to deliver it was because we got weak governments and had to make certain compromises. We could not implement our programme due to the reason that we lacked two/thirds majority in the house. But now we won’t compromise on anything less than a complete power transfer. Thus, instead of fighting alone, we are gathering political forces on one platform.

TNS: How is it possible to gather different political forces with different ideologies and programmes on one platform?

YRG: The foremost agenda is to throw the general out of power and to restore democracy in the real sense in the country. We know that Musharraf will not leave the power because he is riding a tiger. In order to force him to leave power we need to pressurise him through political unity. This would lead to strengthening of institutions in the country. And once we have strong institutions, rest would follow automatically. No dictator would dare to make the political system hostage again.

When I say to gather different political forces on one platform I don’t mean mergers. It means working with other political forces on one agenda -- restoration of democracy and complete power transfer. When political rivals gather on a platform, the culture of political intolerance would evolve.

TNS: If your party succeeds in getting two thirds majority after the next general elections, what would be the top priority of your government?

YRG: We would reform the judicial system of country first. If people get justice and there is rule of law most problems of country will be solved.

TNS: How do you see the role of judiciary presently?

YRG: The role so far is not bad. Recently it has ruled on the number of advisors the Punjab chief minister could have. We think judiciary should also become active on issues like Bajaur and Balochistan. The role of some other segments of society, journalist and lawyers, has really been very vital since last seven years. They have been doing what politicians have failed to do in these seven years.

TNS: What will be your plan for restoration of economy of the country keeping in view that poverty has increased manifold in the country?

YRG: I believe that economy cannot be strengthened unless there is political stability in the country. Only political government can minimise the sense of deprivation among smaller provinces. Harmony and peaceful coexistence among federating units can only be achieved through political stability. And when there will be peace in country investors will bring their capital in Pakistan without any fear that will result in making lives of people better in all provinces. This can only be happen if a political government is allowed to run the under the 1973 constitution and provinces given more autonomy.

TNS: We see political forces are less active while religious fanatics are more active. How do you see the situation?

YRG: When democracy flourishes, fanaticism recedes, so give more democracy to country to end it. Before General Musharraf came into power, when there was a two party system, the fanatic elements were contained. But establishment deliberately weakened the political forces which gave opportunity to religious fanatics to flourish in the country.

TNS: How would you comment on Musharraf being an ally of US and West against war on terrorism and enjoying their support?

YRG: It is right that he is their ally but it does not mean that he enjoys the support of West. Every government and political institution of West has been asking Pakistani government to ensure fair, free and transparent general elections. It means they believe that previous elections conducted by this government were rigged. This is a major concern and the general should ponder upon it.

TNS: Leaders of PPP keep talking about restoration of democracy while in their own party they always have Benazir as chairperson?

YRG: PPP is the only political party that is party of poor. We believe in people’s power and it is people who want her to be chairperson of party all the time.

TNS: On what grounds do you claim that people want Benazir to be chairperson of party?

YRG: There is only one parametre that not even a single worker of PPP wants to contest against her for the slot. If somebody wants, the ground is open for him/her.

TNS: How do you predict the future of Patriots?

YRG: When they joined government they announced that Zulfikar Ali Bhutto is their leader but now they are about to merge in PML-Q which means that Chaudhry Shujaat is their political mentor. It shows that they are interest-bound individuals who have no ideology. And those who left party in the lurch will not be welcome in party in good time.

TNS: When is Benazir going to return to Pakistan?

YRG: As soon as election schedule is announced Benazir will be back in the country. She is not afraid of jails which are not new for her.

TNS: What was the factor that forced you to stick with the party even in jail for more than two years, while it is on record that you had other options?

YRG: I am a senior office-bearer of the party. Being a role model for workers, it is my duty to show that we believe in the ideology of Bhutto. It is also a fact that if a leader of my calibre would change his loyalty on the basis of personal gains it would start a loot-sale of political workers. It is also a fact that the feudal class, especially of Southern Punjab, has realised that individual has no respect without some ideology.

TNS: The present government of Punjab it seems is taking the progress of Southern Punjab quite seriously and scores of development schemes have been announced for the area. How do you view all this development?

YRG: The present government of Punjab is running the province on local government philosophy. They are announcing ‘School laay loo, Bijli laay loo vote hamien daay do’. They should have in mind that vote is always for ideology and manifesto. The impression being conveyed is that the money spent on development schemes is coming from the government’s pocket. This is the taxpayers money that is meant to be spent on their welfare.

TNS: Your views on Multan’s local politics?

YRG: I and Shah Mahmood hail from different constituencies. We will definitely help each other in elections. As far as Javed Hashmi is concerned, it is right that he is our political ally. But so far we have not made any electoral alliance with PML-N. But if the party makes some decision we will follow it.

TNS: What is the future of president Musharraf if PPP succeeds in getting majority after elections?

YRG: General Musharraf will have to re-contest election. He will also have to select one office, either of president or of army chief.

TNS: Devolution plan?

YRG: The devolution plan is clashing with provincial autonomy. The district nazims are assumed to be directly answerable to the president bypassing provincial governments. It was originally a PPP plan, but that was a mature plan and required the district governments to be elected on party-based elections. Now they are running these districts government like family limited companies. It is not elections but nominations, being made by a single person. We believe these elections should be contested on party basis. This will strengthen political parties.

TNS: It is being said that you have played a very significant role in present reshuffle in Punjab PPP office bearers? It is also said that you were a candidate for the slot of president of PPP Punjab chapter.

YRG: I just say that it was a routine decision being taken by Benazir. It had already been decided that a person would not hold two offices. The decision had already been implemented in Sindh and Azad Kashmir and in Punjab it is an extension of the same principle. I was never a candidate for the slot; I think it is demotion not promotion. In the party, there are only two senior vice-chairmen, one is myself while other is Makhdoom Amin Fahim. Would you think that Amin Fahim would like to become President of PPP Sindh chapter. Answer is obviously no. Besides, I have never indulged in politics on a provincial level. Rather I always prefer politics of centre.

 

Now is a good time to retire

The demand for extra-pensionary benefits has caught the fancy of those who matter in the country

By Alauddin Masood

The British colonial administration in the subcontinent granted, post retirement, some extra-pensionary perks and privileges to the chief and vice-chief of their forces. Citing that as a precedent, dozens of Pakistan’s top bureaucrats have succeeded in getting perks and privileges, over and above their normal pension. It is another thing that the British granted those perks and privileges to only two members of their vast establishment in the subcontinent.

To begin with, one of the retiring chiefs of the forces was lucky to get the facility of maintaining, at state expense, a house, a chauffer-driven car and a staff of four. The grant of those perks to the chief stirred many and the liberal state hierarchy bestowed those benefits to all persons retiring from 3-star and 4-star posts.

Of late, the demand for extra-pensionary benefits has caught the imagination of one and all who matter in Pakland. Some superannuated bureaucrats from Punjab took the lead in claiming perks and privileges allowed to the top holders of positions in the forces, maintaining that they have also retired from the ‘top-most’ bureaucratic slot in the province and hence these be extended to them as well.

The political hierarchy of the province promptly accepted the plea of the chief secretaries and extended them, post retirement, the privilege of maintaining a state-provided guest house, a chauffer-driven car and some staff.

This tempted the retired police chiefs of the province to demand perks and privileges allowed to the chief secretaries. Initially, their request was turned down. But, they enlisted the support of the serving IG and met the chief minister in a group, who was too obliging and granted the retired IGPs all the post-retirement benefits that they wanted.

Of course, the politicians have to win the elections. They cannot be naive to deny a ‘petty’ request if granting that could pave the way for the winning of hearts and through that the approaching general election.

The virus of claiming perks and privileges, over and above the pension, is endemic and it can spread fast. It afflicted the federal secretaries and recently the top hierarchy tried to cure them by administering the dose of an ‘additional’ residential plot in Islamabad’s D-12 sector and the services of a chauffer, post retirement.

Now, the those holding positions one rank below to those who have already been allowed the perks, appear to be the most vulnerable group and so do the top hierarchy of other organs of the state.

In the Land of the Pure, the top bureaucrats are one of the most pampered lots of their like found anywhere on the globe. During service, they enjoy unprecedented facilities like highly subsidised residential accommodation, free treatment, preferential admission of kids in establishment-managed educational institutions and highly subsidized tuition fees in those places of learning. They enjoy the freedom to maintain luxury cars for themselves and their families at the state expense. The joyrides of the bureaucrats and their families alone consume over 80 billion of taxpayers’ money every year.

In a country where the majority do not even have a roof of their own over their heads, and 30 million peasants are still landless, some bureaucrats succeed in acquiring 8 to 10 residential plots and large chunks of agricultural land at nominal price.

When the masses, who are the focal point of developmental activities in democratic dispositions, are not offered such sweetheart deals in the ‘real democracy’ of Pakistan, they fail to comprehend what have the bureaucrats done to deserve such largesse. Why should the overtaxed citizens subside the luxurious life styles of the bureaucrats, especially when they are responsible for the continuous all-round degeneration and decline in the standards in the country?

Some saner elements amongst the erstwhile beneficiaries from the largesse honestly feel that the limited resources of the state cannot sustain these perks and privileges for long.

Alauddin Masood is a freelance columnist based at Islamabad.

Email: alauddinomasood@hotmail.com

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