reaction
Cricketing antics and us
If our cricketers deserve widespread censure -- and they most definitely do -- then where do we place ourselves?
By Aasim Sajjad Akhtar
Last week I lamented our corporate media's obsession with sensational news. In particular, I pointed to the manner in which reporting of the spot-fixing scandal which erupted in England a fortnight ago actually obfuscated more than it illuminated. The media should have been much more discerning about the train of events that led to the suspension of three of our better-known players. Indeed, I believe that there is a need to dwell deeply upon this episode, not so much because of what it tells us about those who represent us on the sportsfield but rather what it suggests about us. It is also worth bearing in mind that those who represent us in the field of politics are subject to even more censure -- and with far greater regularity -- than our cricketers. Why is it that we are so contemptuous of those in the public eye and far less keen to question our own conduct?

Thinking differently
No change in Pakistan can be brought without people's meaningful involvement
By Dr. Moonis Ahmar

Never Before in the history of Pakistan, the country witnessed crises of such an enormous magnitude. It is not only natural disaster in the shape of floods which has caused havoc in large parts of Pakistan, resulting into the displacement of millions of people and a loss of around 15 billion dollars, mistrust and paranoia seem to have reached a critical stage.

first person
Community conscious
America is among the best countries of the world for Muslims to live in
By Aoun Sahi
Ahmed Ali, a civil engineer by profession, came to the Unites States in 1973 after failing to establish a career in his homeland Pakistan. Ali did his masters in Environment Engineering from California State University and later started a job which related to the field of soil and geology. Today, Ali owns a consulting firm in engineering, Geo-Etka, Inc. in California where he lives with his wife and three children. Being a member of almost a dozen different organisations, ranging from think-tanks to professional and community organisations, he is one of the most active Pakistani-Americans in California. Ali is among the board of directors of Los Angeles World Affairs Council, member of the multi-cultural advisory committee of FBI, and advisory board member and ex-president of The Council of Pakistan American Affairs. The driving force behind him is the passion to share and do well for the humanity at large. He believes that it is the duty of Pakistani-Americans to accept the system and reach out to the locals. The News on Sunday talked to him last month in Los Angeles, excerpts from the interview follow:

On the front line
Humanitarian organisations put their lives in danger to serve the people
Dr Abid Qaiyum Suleri
Prime Minister Syed Yousaf Raza Gilani finally confessed in a meeting of Council of Common Interest that the international community does not trust in his government and aid was not coming in through government channels. No wonder two weeks ago he had to categorise government and non governmental organisations as "us and them" and had already shared that eighty percent aid would come through "them". He had also claimed that had aid come through "us" (government), we would have contributed something from our resources and have spent all of it for relief and rehabilitation of flood survivors (people still remember similar claims from his predecessor after the earthquake and still waiting for a new Muzaffarabad and a new Balakot). In his opinion, NGOs would misuse what they receive in the name of flood survivors and at least 50 percent of funds would be spent on their bullet-proof cars and lavish salaries (as if NGOs were part of Pakistani cabinet).

climate
Loud and clear
We face a multiple environment threat unlike Africa where only drought is the major concern
By Sher Ali
On Thursday September 2nd, President Asif Ali Zardari and famed former American vice-president Al Gore held a telephonic conference discussing the possible linkages of the floods and climate change. In the outcome of the conversation, Al gore announced that he would appoint a group of experts to investigate the cause of devastating floods.

Back to the basics
Sanitation is for human dignity otherwise it enhances class isolation since only the lowest classes endure unsanitary conditions
By Ammara Ahmad
About 2.3 billion people (40 pc of the world) do not have proper toilets. Hence, lack of sanitation is a global issue and Pakistan also suffers from it. It has a human and environmental cost that most of us are unaware of.

Revenues for rehabilitation
Plans should be made by the government to tax the rich to generate relief funds
By Huzaima Bukhari and Dr. Ikramul Haq
Central and provincial governments seem to be confused about how to generate sufficient funds for flood relief and rehabilitation of people affected by this catastrophe. There are also disagreements about the method and mechanism for distribution of money received locally and from abroad. Prime Minister Yousaf Raza Gilani, while addressing the National Assembly on September 4, 2010, informed the legislators that the Council of Common Interests (CCI) would decide the issue of distribution of flood relief funds among the provinces. He, however, did not disclose any plans for generation of funds by taxing the rich and mighty to meet the cost of relief and rehabilitation, which according to him, was in the range of Rs300 to 500 billion.

hygiene
Cost of ignoring health risks
The youth of Pakistan are not provided age-appropriate sexual health information through responsible channels
By Qadeer Baig and Ahmad Shah Durrani
Ignorance on the part of our society and government towards sexual health problems of the population has led to a population explosion, adding further strain on our already out-stretched state structure. Sexual health crisis -- after years of being ignored on a social and institutional level -- has attained critical mass and has severely impacted lives of a majority of the population, especially women and children. The issue cannot be ignored any longer, especially after the international recognition of a link between sexual health promotion and poverty reduction in developing countries.

Consumer is right
Consumer Courts and District Consumer Protection Councils have been established in eleven districts of the province
By Shahid Mahmood Butt
Humans always depended on each other for necessities of life and day-to-day work and that dependence led to formulation of a society. Every individual adopts a profession to earn his livelihood. Either he renders some services, e.g. medical, engineering, legal, educational, architectural, transportation, etc., or adopts occupations like agriculture, trade, manufacturing businesses for the provision of products from soap to clothing, from needle to airplanes, from eatables to electronics and other household items. In this scenario, all human beings are consumer who avail different services.

Foreign debt
The only way out
There are spaces in international laws that can be invoked as legal justification to demand cancellation of debt
By Abdul Khaliq
Pakistan is facing the worst-ever natural disaster of its history. About 20 million of its population is displaced due to recent huge devastation caused by the angry floods. Major infrastructure is totally destroyed in major parts of the country. The economic loss is in billion dollars. Foreign minister has put it as not less than $43 billion. This initial estimation may go up and above $50 billion after the final assessment report.

 

 

reaction

Cricketing antics and us

If our cricketers deserve widespread censure -- and they most definitely do -- then where do we place ourselves?

By Aasim Sajjad Akhtar

Last week I lamented our corporate media's obsession with sensational news. In particular, I pointed to the manner in which reporting of the spot-fixing scandal which erupted in England a fortnight ago actually obfuscated more than it illuminated. The media should have been much more discerning about the train of events that led to the suspension of three of our better-known players. Indeed, I believe that there is a need to dwell deeply upon this episode, not so much because of what it tells us about those who represent us on the sportsfield but rather what it suggests about us. It is also worth bearing in mind that those who represent us in the field of politics are subject to even more censure -- and with far greater regularity -- than our cricketers. Why is it that we are so contemptuous of those in the public eye and far less keen to question our own conduct?

First, however, it is important to reiterate what I write about repeatedly on these pages: 'us' is not the monolith we often believe it to be. As such, the furore that has erupted over the involvement of our cricketers in spot-fixing has been restricted largely to the urban middle class (which includes the diaspora). Of course, this is in part due to the fact that so much of non-urban Pakistan is involved in a struggle for survival following the devastation of the monsoon floods. But it is also true that scandals such as this one become major issues mostly in urban centres and that the nature of 'public' discourse in the hinterlands is quite distinct. Another point to bear in mind is that cricket is actually less popular than other sports in some parts of the country: football in the south is a good example.

Be that as it may, what I really want to focus on is the folly of distinguishing ourselves from the cricketers we are currently berating -- or claiming are the victims of a conspiracy, as the case may be. Yes, it is true that professional sportspersons are extremely privileged and that they are often arrogant, self-absorbed and far too used to being treated like demi-gods. But as some observers have already noted, young boys such as Mohammad Amir simply have not been in the spotlight long enough to be considered a different species from the rest of us. If, as some are suggesting, Amir is simply a naive young man whose humble background at least partially explains his indiscretions, then the onus is on us to think about what influences such young men to make such decisions.

My sense is that many of us, particularly those who harbour hopes of upward social mobility, do not think all that differently from the Mohammad Amirs of the world at all. The general operative principle in large parts of Pakistan is that moral and ethical considerations should not enter the realm of social and political exchange. In other words, the public realm is an amoral one. So, for example, it is a well-known fact that getting a job in most government departments -- and ostensibly in some private organisations as well -- is only possible at the 'going rate'. Very few Pakistanis privy to this practice would pick a fight with those who organise this informal market for jobs on the basis that the practice is 'wrong'. It just is.

It is now obvious that cricketers are constantly exposed to the underground betting world and that most have been approached at one time or another to consider making a quick buck. I do not think that our cricketers are necessarily a different breed from others who represent their country. However, our boys (and girls) have grown up in a society in which the decision to take a bribe or not does not represent a moral or ethical quandary. It is something that people do. If taking a shortcut garners disproportionate benefit without fallout, then why not?

This is not a question of rule of law, lest the middle-class rule-of-law brigades starts chanting 'I told you so!' Law is just as nebulous a concept in India and the West Indies, for example, as it is in our country. Indeed, 'corruption' is as much the rule rather than the exception in many post-colonial societies. Indians and even Australians have been involved in fixing controversies in the past. However, they are now much more wary of the fallouts of such indiscretions, whereas our boys -- like the rest of us -- observe the norms around them and ask themselves: if everyone else is doing it, why not us?

The wretched of the earth necessarily ascribe to this rule because the formal mechanisms of justice, service delivery and employment generation provide them only heartache. Indeed the political, economic and cultural structures that exist in this country reinforce a logic of patronage that keeps the poor and voiceless dependent on the rich and powerful. The former survive by playing by the rules of the game, and only if and when they are empowered politically will they be able to challenge the existing logic on the basis of a self-conscious assertion of entitlements.

Then there is the principled upper-middle class, which perceives itself to be the wellspring of good liberal values. However, this class is even more culpable than the rest. When the suited and booted need to board an airplane at the last minute, they do not hesitate to call up their friends and relatives in the airline company and get passengers offloaded. Most of their business deals take place through personal contacts in complete contravention of what is considered proper -- and legal -- practice. They have multiple electricity and gas meters and they use their office employees for private purposes. The list could go on.

Again, I do not wish to suggest that Pakistanis are alone in the world with regard to such practices. It is no doubt important to avoid thinking about such matters in purely cultural terms. In fact, the logic of capital – impersonal, indiscriminate and exploitative to the core – informs social and political exchange all over the world. Yet capitalism has distinct characteristics in every separate social setting. It is, therefore, necessary first and foremost to question why our public sphere is becoming more and more regressive. Capitalist morality is part of the answer, but we need to think deeply about how capital actually weaves its spell in this land of the pure.

Most importantly, we need to ask how we can reconcile the reality of everyday life with our contrary claims that we are actual God-fearing advocates of social justice. Who is God-fearing and who is not is not for me to adjudicate. But I do know that praying five times a day, fasting through the month of Ramzan and giving zakat has become perfectly compatible with 'amoral' norms of social and political exchange which are the antithesis of social justice.

As we celebrate Eid, it is well worth asking that, if our cricketers deserve widespread censure -- and they most definitely do -- then where do we place ourselves? Every once in a while the urban middle class awakes to the reality of injustice in this society, as happened so spectacularly in the aftermath of the Sialkot beating. But the killing of those two brothers in broad daylight was just one of many such examples of blatant brutality that litters our social landscape. Why is there not uproar after every such incident? Why does our conscience come to the fore every once so often and then fall back into the recesses of our brain so quickly afterwards? Why do the standards to which we hold our representatives -- whether on the sportsfield or in politics -- not apply to our own person?

 

 

Thinking differently

No change in Pakistan can be brought without people's meaningful involvement

By Dr. Moonis Ahmar

Never Before in the history of Pakistan, the country witnessed crises of such an enormous magnitude. It is not only natural disaster in the shape of floods which has caused havoc in large parts of Pakistan, resulting into the displacement of millions of people and a loss of around 15 billion dollars, mistrust and paranoia seem to have reached a critical stage.

The horizontal and vertical nature of crises in Pakistan must be taken seriously because there are forces that are waiting to strike and further damage the country's image and credibility. Doomsday scenarios like anarchy, violent revolution, and disappearance of Pakistan from the map of the world are being drawn by those who are not only part of the problem but also possess substantial clout to come up with practical solutions.

Following the more than eight years of Musharraf's quasi-military rule, the induction of civilian democratic government had raised some hope and optimism about sorting out issues which had caused instability and disorder in society. The politics of 'national reconciliation' and 'coalition' both at the federal and provincial level, however, failed to successfully deal with critical issues. With the deepening of corruption, nepotism, indifference, and incompetence at the state and society level, serious doubts were raised about the capability of political parties, whether belonging to the government or opposition, to deliver.

The turning point which totally exposed the fault lines of the so-called democratic set-up came in the form of devastating floods to the extent that various political leaders, including Nawaz Sharif, Imran Khan, and Altaf Hussain began to talk about either bloody revolution, anarchy or the disappearance of Pakistan from the map of the world.

The loss of the writ of the state in various urban centers, emergence of powerful mafias and no-go areas, surge of religious intolerance and violence, ethnic cleansing in parts of Balochistan and targeted killings in Karachi indicated the gradual erosion of state authority and the deepening of insecurity among people.

The implications of the US-led war of terror on Pakistan, particularly the growth in suicide attacks, periodic drone attacks in tribal areas and military operations to weed out terrorist groups in Swat and Waziristan further added to the vulnerability of Pakistani state.

It is for the first time in the history of Pakistan that a country of 180 million people feels so frustrated and angry that aggression and violence is noticeable here and there. The destruction caused by floods further deepened the threat of anarchy and disorder. From a historical standpoint, the situation in Pakistan is a ripe for revolution and the opportunity to bring change which can provide basic security and relief to the overwhelming majority of people. But, looking at the sociological, political and historical landscape of Pakistan and its people, one fails to argue that there is any possibility of revolution in this country. What went wrong and why the historical process of change which plays a very important role in bringing revolutions is simply not applicable in case of Pakistan?

Four important factors which are relevant to examine stagnation and stalemate in Pakistan's state and societal structures are: first, the absence of a national character or the characteristics of a nation which can at least serve as a common bond and mobilise people in times of crisis. Second, the artificial nature of political leadership which has neither any commitment nor ownership as far as critical issues faced by the people of Pakistan are concerned. They simply do not share any thing with the common people of Pakistan as their lifestyle is far from the ground realities. Third, the culture of greed, patronisation and corruption which has permeated in different segments of Pakistani society and finally, the failure of military, bureaucracy and judiciary to help stabilise the country by strengthening democracy and the rule of law.

A major reason responsible for the process of degeneration in Pakistani society is the lack of better education. When 30 percent of the population of Pakistan which is composed of youth lacks good education, the outcome is the deepening of social backwardness.

Considering the magnitude of crises faced by Pakistan, the only way out is to think for 'out of the box' solutions. This would require pursuing an approach in which the emphasis is not on derailing democracy but to strengthen it by exerting popular pressure on those who wield power or are out of power. Having experienced repeated betrayals on the part of various political leaders and their indifference during the time of recent floods, one can expect a critical mass to emerge and bring peaceful change.

Since people, regardless of disempowerment, are the real stakeholders, no change in Pakistan can be brought without their meaningful involvement. So far traditional solutions have been presented for dealing with crises of different nature like inviting the military to step in or the restoration of democracy, but it is time one tries to seek a non-traditional approach to crisis management. The out of box solution also requires that the threat of military intervention ceases to exist because military takeover by four generals further messed up the situation and caused serious damage to democracy.

One also needs to look for individuals who have good reputation and are not only selfless but are also committed to the country. Unfortunately, large-scale corruption, absence of the rule of law, and mafias marginalised people who could have played a pivotal role in providing an alternate leadership to the country.

Certainly, out of the box solution has no place for a violent revolution because this country has no tradition which can mobilise people for revolution. Also, what is the guarantee that after revolution, people of Pakistan will be better off? In fact, two popular movements in the 1960s and 1970s and experiencing a decade of democracy (1989-1999) caused so much pessimism and bitterness in Pakistan that the possibility of bringing change through a revolutionary course diminished. Perhaps, it will take a lot of time to bring in a culture of political awakening in Pakistan, particularly when there is absence of any leadership capable of motivating people for a revolution which, instead of bloodshed and chaos, can bring a qualitative change in the lives of people.

The only thing which has not clicked so far is the emergence of a dynamic leadership. Pakistan's biggest misfortune is the absence of selfless and honest leaders. Leadership vacuum in Pakistan is becoming dangerous because those who propagate hate, aggression, and violence can establish their constituency, take over state structures by force and impose their way of life.

There should be people who are able to convince different interest groups about the need to bring a peaceful change in the country. Since no major political party has remained non-controversial in terms of power, it is time to explore those individuals and groups who are better and will not let people down if given an opportunity to serve them. If things do not change for the better and the status quo is maintained, the outcome may be further fragmentation and violence in the country which 180 million people of Pakistan can certainly not afford and it will also not be in the interest of major powers or countries of the region.

The writer teaches at the Department of International Relations, University of Karachi and is Director, Program on Peace Studies and Conflict Resolution. amoonis@hotmail.com

 

first

person

Community conscious

America is among the best countries of the world for Muslims to live in

By Aoun Sahi

Ahmed Ali, a civil engineer by profession, came to the Unites States in 1973 after failing to establish a career in his homeland Pakistan. Ali did his masters in Environment Engineering from California State University and later started a job which related to the field of soil and geology. Today, Ali owns a consulting firm in engineering, Geo-Etka, Inc. in California where he lives with his wife and three children. Being a member of almost a dozen different organisations, ranging from think-tanks to professional and community organisations, he is one of the most active Pakistani-Americans in California. Ali is among the board of directors of Los Angeles World Affairs Council, member of the multi-cultural advisory committee of FBI, and advisory board member and ex-president of The Council of Pakistan American Affairs. The driving force behind him is the passion to share and do well for the humanity at large. He believes that it is the duty of Pakistani-Americans to accept the system and reach out to the locals. The News on Sunday talked to him last month in Los Angeles, excerpts from the interview follow:

 

The News on Sunday: How many Pakistani-Americans live in Greater Los Angeles and what kind of community it is?

Ahmed Ali: The population of Pakistani-American in greater LA is about 50,000. It is a totally different community than Pakistani communities living in other areas of the US like Chicago, New York and Houston. Most of them are well-educated and well-placed in the local society. We have very little of them working as labourers, most of them are entrepreneurs, engineers, doctors, businessmen, etc. This community is also the most active when it comes to give back to their homeland. The organisation like Development in Literacy (DIL) that has been running many schools in Pakistan was found here. Al-Shifa Foundation gets maximum donations from here. We were very active to support National Commission on Human Development (NCHD).

TNS: it is believed that 9/11 and the war on terror has drastically changed the lives of Muslims living in America. What kind of impact has it left on the Pakistani-American community living in greater LA area?

AA: It has not changed our lives drastically. We still do what we were doing. There were some problems after 9/11 and we had to make some adjustments but it took only a few weeks to get things back to normal. The society here is peace-loving and diversity is considered a strength here. Our Americans friends are now more protective and concerned about us. They want us to talk to them on different issues. We are very lucky that Faisal Shehzad's attempt to blow up a car bomb at the Times Square, New York failed. President Bush, right after 9/11, invited 18 people from all over the US to the White House to discuss the aftermath of the incident. I was among them. We sat and talked for quite a while. We told him our position, what we thought and how could we help and what we expected from Americans. He assured us the security of our communities and religious places. There were some isolated incidents against Muslims in America after 9/11 but the society as a whole had become more careful towards Muslims after that incident.

TNS: For most Pakistanis America is an enemy country, I have also talked many here and a majority of them also has similar views about America. What are your views about America?

AA: I think it depends on your own perception of how you want to be and how you perceive others to be and what they are. If you think that America is a bad country then my first question is why are they here? If you are here, you have to adopt the system, you have to live with it and accept the good and bad of the society. I tell people when it comes to money and help, the first country we approach is America. We all know that Pakistan has been hit by the worst kind of floods in recent history, the first country which has given us aid is America. So, why cannot we accept goods which come from them? Of course, every country has its own objectives why they do certain things. Why should it be different for America and not for Pakistan? The friendship is a two way process, you cannot expect somebody to give something when you don't return. I believe that America is among the best countries of the world for Muslims to live in. It has very transparent system that treats all its citizens equally, irrespective of religion, colour, cast, and creed.

TNS: What do you think is the main problem with governance of Pakistani?

AA: Well, lack of respect and corruption are the main problems with Pakistani system and may be with the society as well. We have always been there to offer our services free of cost but the governments there are not organised enough to use it. After the floods hit Balochistan three years ago, the then Governor Balochistan Awais Ghani visited the US. I arranged a meeting of him with some prominent Pakistani-American engineers. We offered him to do studies to help improve water and drainage system to avoid infrastructure breakdown during times of floods. He appreciated our offer but never returned to us for implementation. The situation might have been different to some extent had they accepted our offer three years back. I want to make the same offer again. When we offer something we are not selling our services, we are giving them. So, we want the same response, respect, and trust from them as well.

TNS: Your generation has links with Pakistan and have been trying to pay back to homeland even if your efforts are acknowledged or not. Do you think the next generation will do the same?

AA: It seems difficult as time goes by. Our children may have some attachment but the generation that will come after that may not have ant affiliation with Pakistan, especially if we don't change the system of governance in Pakistan. Yes, things will change if there are some direct physical links with Pakistan. Young people are aware and they also want to help but they will not live up with the system of governance we have in Pakistan. They want to stay close to the motherland of their parents. They have also set up organisations like Your DIL, a sub-chapter of DIL International. It is an effort to involve the young generations of Pakistani-Americans who may not have developed an emotional bond with Pakistan. They hold fund-raisers and other activities to let people know about Pakistan.

TNS: How would you compare fund-raising efforts of Pakistani-Americans after the recent floods and 2005 earthquake? Many people have been saying that Pakistani-Americans have not been that active to help the flood hit people.

AA: There are several reasons. If we don't believe that the donation and support you give is going to the right people the purpose is defeated, the cause is lost. In that case, we feel that no matter what we do, we are just wasting our energy and money. We live in America away from Pakistan mainly because we cannot live with practices like corruption and bribery. If we could live with them we would have stayed in Pakistan. At the same time, I am not saying we are going to withdraw our support. But, now we are doing through different ways like through NGOs and community organisations. In the wake of the earthquake, the money from here was quite substantial. We feel more comfortable working with NGOs, at the same time we want to help the government do a better job but, in turn, the government will have to show its willingness and sincerity. The economic system in US has been hurt badly. The economy is so bad that it is very difficult for lot of people to give what they gave after earthquake or on other occasions.

 

 

On the front line

Humanitarian organisations put their lives in danger to serve the people

Dr Abid Qaiyum Suleri

Prime Minister Syed Yousaf Raza Gilani finally confessed in a meeting of Council of Common Interest that the international community does not trust in his government and aid was not coming in through government channels. No wonder two weeks ago he had to categorise government and non governmental organisations as "us and them" and had already shared that eighty percent aid would come through "them". He had also claimed that had aid come through "us" (government), we would have contributed something from our resources and have spent all of it for relief and rehabilitation of flood survivors (people still remember similar claims from his predecessor after the earthquake and still waiting for a new Muzaffarabad and a new Balakot). In his opinion, NGOs would misuse what they receive in the name of flood survivors and at least 50 percent of funds would be spent on their bullet-proof cars and lavish salaries (as if NGOs were part of Pakistani cabinet).

This is an extremely serious allegation coming from head of the government against those who have been supporting the people of Pakistan in any unfortunate event be it flood, earthquake, IDP crisis or drought.

I am not sure whether Prime Minister knows the difference between "for profit" American consultancy firms (that he was referring to as NGOs when he objected channelisation of Kerry Lugar bill through NGOs in the past) and "non profit" organisations actively helping out millions in these troubled times. Ever since the start of the massive deluge, aid workers and humanitarian organisations have been on the frontline, battling against all odds, reaching millions of helpless people with food, water and essential medicines.

They are climbing up slippery rocks in Swat, gotten on boats, walked hours on foot or waddled through waist-high waters in Punjab, Sindh and Balochistan to reach the most in need with immediate relief. NGOs, INGOs and their staffs are probably the only ones serving the affected population unconditionally.

Most of these humanitarian organisations, charity groups, and relief providers both local and international have missionary zeal and volunteerism. These are the groups who put their lives in danger and despite repeated attacks on their staff members and offices in recent past continued to serve the people of Pakistan.

Unlike the so called "people's representatives" in Pakistan, the staffers working for these organisations don't want to hide themselves from common masses; hence they don't use bullet proof vehicles. In their budgets they cannot charge overheads, personnel costs, salaries, and equipments, etc from relief donations. They have to be mindful of delivering in a cost-effective manner. Unlike former commerce minister, they don't use tax-payers' money to pay golf club membership of their cronies.

I would suggest that the cabinet of the Prime Minister should be sent on an immersion course, a real life exposure where they should work with these organisations in providing relief during various emergency situations to get a feel of luxury lives that these relief providers spend.

The government of Pakistan should try to understand why people have a blind faith in organisations such as Edhi Foundation, Shaukat Khanum Trust, Khwaja Ghareeb Nawaz Foundation, Rural Support Programmes, Sahara Trust, etc. They should also try to figure out why international humanitarian organisations such as Oxfam, Actionaid, Muslim Hands, Islamic Relief, Mercy Corps, Church World Services, Catholic Relief World Vision etc., are able to generate and mobilise funds. All of these national and international organisations are credible.

They are accountable to their donors. People trust in them and they provide relief without discriminating on the basis of race, ethnicity, creed, gender, colour and nationality. They work on selfless basis and don't try to threaten others' lives and properties for their own interests (as is the case in Indus river dykes's breaches in Sindh).

Prime Minister may recall that before her assassination Benazir Bhutto had meetings with some of the NGO walas in Islamabad and Lahore. She had explained the reasons why PPP had decided to contest general elections under General Musharraf's regime. The same was repeated by Mian Nawaz Sharif. Many belonging to these NGOs played an active role for restoration of democracy and reinstating of judiciary. The services of majority of NGO walas are acknowledged by general masses. However, it seems that rulers are trying to shun rather punish everyone who supported them to come to power.

One thing in which current government has attained perfection is opening uncalled for fronts, be against judiciary, media, or civil society organizations. The current one is against relief organisations. It is high time that government should listen to Senate's Flood Relief Committee who had called upon NGOs and philanthropists to play more active role in flood relief. Finally, he should hold a meeting with representatives of these organisations not only to acknowledge their services but also to learn from them the basic standards of good governance that has given them credibility to mobilise 80 percent of the funds coming for flood survivors in Pakistan.

The writer heads Sustainable Development Policy Institute, a non profit policy think tank. He can be reached at suleri@sdpi.org

 

 

climate

Loud and clear

We face a multiple environment threat unlike Africa where only drought is the major concern

By Sher Ali

On Thursday September 2nd, President Asif Ali Zardari and famed former American vice-president Al Gore held a telephonic conference discussing the possible linkages of the floods and climate change. In the outcome of the conversation, Al gore announced that he would appoint a group of experts to investigate the cause of devastating floods.

A growing consensus seems to have developed that climate change or global warming has been a contributing factor to the catastrophic floods, which have swept the country. As the Indus continues to swell, the disaster has been at the center of international debate whether extreme weather patterns have become part of a new norm.

Qamar ul Zaman Chaudhry, the head of the government weather office in Islamabad, while speaking to Reuters said, "This was not a unique event. It can happen again, given the timing and availability of moisture. Extreme weather events are on the rise and their intensity is also increasing. In the last six months alone, Pakistan has been hit by a severe cyclone and now these massive floods."

According to the Chief Scientist at the Met office in UK, Professor Julia Slingo, the events in Pakistan are consistent with her understandings of climate change, "There is evidence from observations, especially in India and China, that periods of heavy rain are getting heavier. This is entirely consistent with our understanding of the physics of the atmosphere in which warmer air holds more moisture. Our climate change predictions support this emerging trend in observations and show a clear intensification of extreme rainfall events in a warmer world."

Dr. Pervaiz Amir who served on Pakistan's task force for Climate Change, while speaking to TNS said, "We are just seeing the clear scientific projections play out. Climate change is here and here to stay. Just by finding excuses and pleading inaction -- it's all a recipe for disaster."

Dr. Amir in his assessment predicted, "In its initial years, Pakistan will face massive floods as currently witnessed. In the medium term this will be replaced with a period of droughts. We face a multiple threat system unlike Africa where only drought is the major concern. We face sea rise on our coast, droughts in Balochistan, Sindh and Southern Punjab and we will see weather extremes like micro cloudbursts, dust storms, sand storms, hailstorms are emerging on a regular basis. There is little doubt that climate is changing. How much of human activity is to blame is still being questioned."

Speaking about the melting glaciers, Dr. Amir said that 80 percent of the world's glaciers are prone to melting and according to the Chinese Academy of Sciences; the glaciers would be gone or reduced to extremely low levels assuming that the world temperature increases at a rate 2 degrees. He also said according to the IPCC predications from 2007, Pakistan's glaciers would meet their fate with almost 40 percent of them gone over the next 50 years. Further, Dr. Amir said, these rates of melting may increase and the biggest indication of this is the extreme weather being seen around the world in places such as Russia, Pakistan, and China.

Ricky Rood, who is an atmospheric scientist at the University of Michigan, also wrote in his climate change blog that, "the prediction of more extreme weather" is part of the portfolio of events associated with the predictions of global warming. Warmer Ocean, warmer air, and more water in the air -- it still gets cold as it flows up the mountain and it rains. So the getting-to-be-old scientific hedge of "this is consistent with the predictions of global warming" is true."

Analyzing the catastrophe, Rood questioned, "Can we attribute this particular event to global warming? Probably not, but let's think about it… Look at the extreme events…we are seeing coherent behaviour that is, again, consistent with the predictions of global warming."

He also wrote, "This type of event will occur again, whether or not this particular event is attributed to global warming. With global warming, they will occur more frequently, perhaps be more extreme. Pakistan will need to rebuild, to redevelop, to develop, and the smart redevelopment will realize that these events will happen again, and build in extra because it will happen more often."

Internationally, there has yet to be any political progress in finding ways to adapt to the consequences of climate change. International efforts to galvanise countries on climate change have remained stagnant. In the latest UN climate talks, which took place in August in Bonn, Germany, received mixed reviews. The meeting did achieve a consensus regarding the first ever UN developing country adaptation projects which included framework tackle such issues as sea-level rise, flooding from melting glacial lakes, and water resource management. Despite this, the rest of the meeting was seen as largely disappointing because various country delegates opened old wounds as discussions swirled around methods to monitor emissions while developing countries continued to push for mandatory emission targets amongst the developed countries similar to the Kyoto Protocol.

In America, President Barack Obama's pledge to reduce 17 percent of the US emissions by 2020 seems more and more farfetched as the reports suggest that the Democrats in congress have found it difficult to table any new climate change laws. This only highlights the gap between climate change experts and policy makers around the globe.

In Pakistan, there is a growing awareness regarding climate change amongst a select group of scholars, journalists, educationist and small quarters of the media. On a political level, the country's dire economic state and perpetual political instability has meant that there has been no concrete effort to address or educate lawmakers and politicians about climate change. Various experts from Pakistan hope that government will enact an action plan related to the floods and climate change. Until now, the country has had no climate change policy and the only major work that has been done on the subject is in the form of report, which was done by the Prime Ministers Task Force.

Despite these shortcomings, Foreign Minister Makhdoom Shah Mahmood Qureshi in his address the UN General Assembly on August 20 emphasised the possible consequences of not being prepared for climate change. Qureshi said, "The present situation in Pakistan reconfirms our extreme vulnerability to the adverse impacts of climate change. It also complicates the reconstruction and rehabilitation scenario in Pakistan."

Despite the hefty rhetoric, it remains to be seen if the government decides to make climate change a priority in Pakistan's future.

 

 

Back to the basics

Sanitation is for human dignity otherwise it enhances class isolation since only the lowest classes endure unsanitary conditions

By Ammara Ahmad

About 2.3 billion people (40 pc of the world) do not have proper toilets. Hence, lack of sanitation is a global issue and Pakistan also suffers from it. It has a human and environmental cost that most of us are unaware of.

The first modern sanitation system was implemented in the Indus Valley in 2800 to 2000 BC Mohenjodaro. Toilets were made with bricks and contained wooden seats. In 2500 BC Harrapa, near Ahmedabad, modern water flushed toilets and brick covered drain pipes were discovered that eventually connected to a main pipe. It is ironic that today, South Asia is doing worst in terms of sanitation, health and waste management.

According to the government, though the water supply coverage is 90pc, merely 58pc of Pakistan's population gets sanitation coverage. According to a recent WHO report, sanitation in Pakistan is improving due to the open pits in rural areas. The report said that from 58pc in 1990, open defecation had decreased to 27pc in 2008.

"The situation is unaesthetic. Human waste is full of disease-causing bacteria contaminating the air, food and water," said Nazeer Watto, an environmental expert who works for the Anjuman Samaji Behbud (Organisation for Social Welfare) in Faisalabad.

"When waste is generated in the open and remains untreated, it interacts with the food chain through the soil, water and crops. The disease causing bacteria are incorporated in the food we consume, persisting longer and having worst effects by the time they reach humans," says Mustafa Talpur of WaterAid. "Sanitation is for human dignity; otherwise it enhances class isolation since only the lowest classes endure it."

According to WHO, Pakistan loses 52000 children annually, due to diarrhea. The World Bank Strategic Environmental Assessment for Pakistan estimates the total healthcare cost of diarrhea and typhoid, both water and sanitation related diseases, to be Rs112 billion (US$1.33 billion), or 1.8 percent of the country's gross domestic product (GDP).

Although the urban sanitation has improved, it is still not up to the safe standard. Inadequate sanitary conditions are prevalent the sidelined and oppressed communities -- the more remote and poorer the village, the worst the sanitary conditions there. Pakistan's entire water system is running from north to south. This means that when waterways get polluted, the water goes downstream. People downstream utilise the polluted water for daily use.

"In hilly areas, water channels get polluted and the water travels downstream. This is not the case in planes," said Faheem Riaz Khan, director at the Pakistan Environmental Protection Agency. "In urban areas, the excretion takes place near water pipes. Usually, the sewage and the water pipes are close to each other, with the former contaminating the latter."

Even if a handful of families perform unsanitary practice, the entire community is at risk. Most urban centers in Pakistan include several slums. Lahore alone has 155 registered slums and these do not include the unregistered, illegal settlements. How many tons of biological/ human waste they produce and where does it all go? Is there a data available? Can anyone estimate the invisible cost it has in terms of human health?

Lack of sanitation persists in underprivileged communities. These communities (slums, remote villages ) are not hot spots of political activities. Therefore, politicians are not propelled to improve sanitation and create influence. We see protests on food or power shortage, unemployment and inflation. The government prioritises its budget and policy plans accordingly. Due to the invisible health cost, lack of NGOs and pressure groups and political socialisation, the lack of sanitation is never seen as a national level crisis. Hence, in the provincial and federal budget, there is never any finance reserved to improve the public sanitation.

Mustafa Talpur is an expert working with the Water-Aid, an NGO for social welfare. "We work in coordination with other groups like MUAWIN, PURC, Orangi Pilot Project, and some 12 other organizations," said Talpur. "We give covered sewage lines in urban dwellings, connecting these communities with the existing central sewage system. We sometimes start sanitation from scratch in rural areas."

The biggest brunt is faced by women, another greatly oppressed faction of our society that lacks political representation. The illness of children, their consequent death takes a financial and emotional toll on these women. They lack awareness about the basics of hygiene and how these illnesses can be prevented. Million of women in Pakistani slums and villages persistently forced to bare their privates due to lack of proper lavatories are never discussed in the media.

Since millions of people are in need of proper sanitation, we need a national level policy in order to tackle this problem. Water scarcity worsens this dilemma. Where people do not have water to drink and cook, ablution and sanitation is not given precedence, especially when the awareness regarding its significance is missing. The floods have worsened the sanitation crisis, because the water that infiltrated the dwellings, lands and water table was unclean. Furthermore, people escaping the affected areas are cramped together under unhygienic conditions. Keeping themselves and their abode unsoiled is not one of their priorities. "We need awareness, better and effective ways, community mobilization and government effort," said the director PEPA.

In Kenema (Siera Leon's third largest city) the city council, district council, and NGOs have launched the sanitation campaign to prevent rural community from relieving themselves in the bushes, any water body and house. Indian government gives special awards to communities that stop open discharge and in Nepal children blow whistles, put up shame flags on those who violate the sanitation code. Nepalese NGOs assist communities in converting their waste into "humanure" for crops; and a women's group "calculated" how much waste spoiled the food supply.

An international NGO called the World Toilet Organisation is also working in 58 countries to improve the international sanitation. It has declared 19th November of each year, the world toilet day. WTO now has 235 NGOs as members and is trying to form a network of global support to influence governments. Hopefully, Pakistan will seek WTO's services.

In India, an innovative methodology called the Community Led Total Sanitation (CLTS) has been initiated to mobilise communities against open defecation. Building a toilet is easier than creating an open defecation free community, therefore, CLTS focuses on behavioral reform to make the change permanent. CLTS instead encourages the community to innovate, support and seek local solutions.

There are a few Pakistani NGOs now that are working to improve sanitation. Pakistan lacks a nationwide NGO that is dedicated to resolving this problem. Every village has a different water table, topography, soil order, etc. Dumping standard washroom equipment in each village might not help. However, the fact remains that in a third world country like Pakistan, the community awareness and action like CLTS will be the most successful in bringing change.

 

Revenues for rehabilitation

Plans should be made by the government to tax the rich to generate relief funds

By Huzaima Bukhari and Dr. Ikramul Haq

Central and provincial governments seem to be confused about how to generate sufficient funds for flood relief and rehabilitation of people affected by this catastrophe. There are also disagreements about the method and mechanism for distribution of money received locally and from abroad. Prime Minister Yousaf Raza Gilani, while addressing the National Assembly on September 4, 2010, informed the legislators that the Council of Common Interests (CCI) would decide the issue of distribution of flood relief funds among the provinces. He, however, did not disclose any plans for generation of funds by taxing the rich and mighty to meet the cost of relief and rehabilitation, which according to him, was in the range of Rs300 to 500 billion.

The dilemma of our governments is that they are not willing to impose taxes on the people who are accumulating wealth and doing nothing for the welfare of their fellow countrymen. It is not all difficult to raise funds of over Rs500 billion by introducing new Emergency Tax Amendment Bill 2010, but in the current session of the National Assembly the public representatives appear more interested in blaming each other.

While the government has failed to perform its duty of introducing emergency taxation measures in the House in the form of a bill, not a single member from the Opposition raised this point. This shows the callousness of our legislators towards the masses who elect them and expect them to work for their betterment.

The government is keen to borrow more from local and foreign sources -- knowing well that already debt-to-GDP ratio has crossed the danger mark. It is shocking to note that both the Ministry of Finance and Federal Board of Revenue (FBR) were not issued any instructions to prepare a new Tax Amendment Finance Bill to levy flood surcharge on importation of luxury items and introduce excess profit tax on sectors that have earned extraordinary profits e.g. sugar, cement, flour mills and the banking sector.

The government's financial managers, instead of doing any work on new tax bill were busy in preparing for talks with the IMF that miserably failed in Washington on September 2, 2010. The Fund refused to give relaxation on the levy of reformed General Sales Tax from October 1, increase in power tariffs and giving autonomy to the State Bank.

This led to another delay of at least three months in the release of next tranche of US$1.7 billion and suspension of the programme till December 2010. They managed to get just US$450 million emergency flood assistance. The visit cost of 17-member Pakistani team was over Rs10 million on three heads alone -- travel, accommodation and food. At that time millions in Pakistan in flood-affected areas were homeless, foodless and suffering from various ailments and many more were preparing to leave their homes.

The federal government is not at all ready to impose excess profit tax for tax year 2009 for which returns are due on September 30, 2010. If this is done we can easily raise substantial funds for relief work. On the contrary, it is planning to levy 5 percent flood surcharge on all imports. According to Press reports, the plan to impose flood surcharge is ready and would be implemented soon. The spokesman of FBR, Mr. Asrar Raouf (Member Direct Tax Policy), when asked about the levy of flood surcharge, told a newspaper that they had not received any instructions in this matter. However, he said that FBR was planning to raise additional revenue of Rs336 billion to achieve the target of the current fiscal year.

It is clear by now that even in the aftermath of the great tragedy, the governments have no plans to tax the rich and mighty. Indirect taxes -- levy of flood surcharge will be part of it -- are increasing inflation pushing more and more people below the poverty line. The provincial governments have also failed to levy agricultural income tax on the rich absentee landlords--it could have generated revenue of Rs. 200 billion. They are demanding funds for flood relief measures from the federal government, but have shown no inclination to generate funds themselves by introducing emergency taxes on the rich people and on unproductive transactions -- buying and selling of plots, currency swaps, luxury cars and other goods, etc.

Mr. Gilani admitted in the Assembly that "no funds have been transferred so far to any province from the PM's Relief Fund, which received donations worth Rs4 billion". The other day, he accused non-government organisations (NGOs) of misappropriating funds, but claiming now that "out of the total $1.03 billion assistance that had been pledged so far, 80 percent would be spent through non-government organizations". He informed the House that Rs40 billion were allocated for providing Rs20,000 to each affected family, while Rs 12,000 each would be provided to flood victims under the Benazir Income Support Programme (BISP) for three months. These plans -- still on papers -- are not only inadequate but also confirm the unwillingness and inability of the government to deal with the challenge. It would have been much better to immediately tax the transactions undertaken by the rich and put money straight into an earmarked fund to be utilised exclusively for the relief and rehabilitation of the flood affected people and areas.

For the current year, the following three measures alone can generate over extra revenue of Rs300-500 billion:

Excess profit tax on cement, sugar, flour mills, banking and telecom sectors should be levied. It would generate extra tax of Rs200-250 billion.

Immediate announcement of one-time de-logging litigation scheme for taxpayers to pay 25 percent tax arrears between 15 September 2010 to 30 June 2011 whereby cases pending before appellate authorities and courts could deem to be settled. In 1998, India, through a similar scheme called 'Kar Vivad Samadhan' generated revenue of Rs900 billion, while disposing huge backlog of cases in the country. Such a scheme with time limitation up to 30 June 2011 would not only generate immense revenue (not less than Rs100 billion if properly drafted and publicized) but would also help win the confidence of taxpayers as well as drastically reduce workload in Tribunals and High Courts.

Section 11(4) of Income Tax Ordinance, 2001 protects tax evaders and criminals. This has destroyed the entire social fabric of the society. Genuine taxpayers are discouraged. This should be amended and on certain remittances say exceeding Rs50,000 (poor workers working abroad send meagre amounts) tax deduction of 15% should be imposed. This way huge revenue of at least Rs200 billion could be generated.

The above three measures alone can generate funds of Rs500-550 billion which our Prime Minister is seeking for the relief and rehabilitation work. It would not burden the common people as incidence of tax would fall on the rich and the mighty. On the contrary if 5pc flood surcharge is imposed on all imported items, it will increase inflation, raise the prices of essential commodities and make our exports more incompatible. It is not at all advisable. The provincial governments can also raise substantial revenues by levying taxes on the rich absentee landed class -- guilty of removing and breaching dykes to save their lands while diverting flood waters towards the poor inhabitants living in villages and cities. They should also impose transactional tax on unproductive dealings in real estate and expenditure tax on luxury consumption (people are paying millions to five star hotels for social events).

The writers, tax lawyers, are members Adjunct Faculty of Lahore University of Management Sciences (LUMS).

ikram@huzaimaikram.com

 

 

 hygiene

Cost of ignoring health risks

The youth of Pakistan are not provided age-appropriate sexual health information through responsible channels

By Qadeer Baig and Ahmad Shah Durrani

Ignorance on the part of our society and government towards sexual health problems of the population has led to a population explosion, adding further strain on our already out-stretched state structure. Sexual health crisis -- after years of being ignored on a social and institutional level -- has attained critical mass and has severely impacted lives of a majority of the population, especially women and children. The issue cannot be ignored any longer, especially after the international recognition of a link between sexual health promotion and poverty reduction in developing countries.

In terms of exposure to sexual health risks, the state of affairs of women in Pakistan is by far the worst, owing to pervasion of discriminatory gender norms that perpetuate gender inequality. Gender inequity, which is defined by the Sloan Work and Family Research Network of Boston College, as, "A social order in which women and men share the same opportunities and the same constraints on full participation in both the economic and the domestic realm", is a common phenomenon in Pakistan. According to one estimate, only 33 per cent of women (above 10 years) have completed primary education and the total number of employed women is nearly four times less than that of men in Pakistan. Discriminatory gender norms -- which restrict mobility, societal representation, and access to health and education services for women -- have the combined effect of objectifying women as means of reproduction, housework, and sexual gratification.

Among the 1,321 instances of gender-based violence reported in the first quarter of 2008 alone, there were an overwhelming number of cases of women being buried alive, tortured, gang-raped and burnt with acid. Similarly, poor access to opportunities in education and employment for women and their socially-defined role as objects of reproduction is the main cause behind the 83 maternal deaths that take place in Pakistan on average every day. It is estimated that over 80 percent of these deaths occur due to wholly communicable causes such as the fact that only 34 percent of all deliveries are attended to by trained health professionals that derive from poverty, illiteracy and gender imbalances. Regretfully, the grim picture painted by these facts is hardly given due attention by both the media and civil society.

Women are not the only human beings exposed to increased sexual health risks in Pakistan: the sorry state of adolescents is also undeniable and has been highlighted consistently by the Ministry of Youth Affairs as an area of action, although little has been done in this regard. Just as sexual ill-health of women is intrinsically linked with gender norms and cultural practices, an analysis of the root causes of poor sexual health state of young people in Pakistan also reveals the existence of cultural norms as a key factor in young people's prevalent sexual health status. As a result of these cultural norms -- which disapprove of open discussion on sex and sexuality related issues to protect the moral fabric of society -- the youth of Pakistan are not provided age-appropriate sexual health information through responsible channels.

According to a research study conducted by the World Population Foundation on the Status of Sexual Health and Rights of Young People in Pakistan 2010, young people are at an increased risk of, "…abuse, exploitation and disease", which is why it is not uncommon for young people to indulge in a number of risky sexual activities such as having unprotected sex with sex-workers that has debilitating impacts on their sexual, mental and emotional well-being. Another concerning effect of the aforementioned cultural norms is that it legitimises the denial of sexual and reproductive health services to young people, with disregard to their sexual well-being and needs. The same research study concludes that the right to healthcare and health protection is amongst the four most infringed rights of young people in Pakistan.

Despite the strong case that can be made for the provision of education to the youth, there has been strong social opposition towards such ideas in the past: some schools were targeted in August 2009 for providing sexual health education to its secondary-level students, after pressure exerted by right-wing groups. It is highly likely that sexual health counseling will also evoke a similar response.

Hence, it is clear that sexual health of the Pakistani population -- particularly women and adolescents -- is something that needs to be addressed on an immediate basis. The fact that the prevalent situation derives from ignorance and out-dated cultural norms and practices, makes it imperative upon us to extract our heads from sand and initiate open, respectful and informative discussions about sexual health rights issues. This will not only streamline the cultural order, making it more responsive to the needs of women and children, but will also provide an added advantage of making civil society an important stakeholder in the countrywide integration of sexual and reproductive health rights that will have a significant bearing on the success and sustainability of all efforts in the supply and demand mechanisms of the sexual health, including family planning services.

The recent spate of floods has only exacerbated the situation as they have devastated the lives of people. More importantly, 85 percent of the displaced people are women and children, a segment of the population whose sexual health rights are violated even in regular circumstances, who are suffering not only from the usual pangs of hunger but also increased risk of sexual exploitation and disease. Yet, these increased health risks have not been highlighted adequately.

In this backdrop, the WPF, Pakistan and CSO working on RH issues commemorated the World Sexual Health Day (WSHD) in Pakistan on September 4. The aim of this initiative was to initiate open, informative and constructive discussion of sexual health and rights. The World Association for Sexual Health has declared September 4 as WSHD every year. By promoting WSHD in Pakistan, the WPF will begin addressing the root cause of Pakistan's sexual ill-health which is a lack of concerned awareness of general public and policy-makers regarding sexual health and rights issues.

 

Consumer is right

Consumer Courts and District Consumer Protection Councils have been established in eleven districts of the province

By Shahid Mahmood Butt

Humans always depended on each other for necessities of life and day-to-day work and that dependence led to formulation of a society. Every individual adopts a profession to earn his livelihood. Either he renders some services, e.g. medical, engineering, legal, educational, architectural, transportation, etc., or adopts occupations like agriculture, trade, manufacturing businesses for the provision of products from soap to clothing, from needle to airplanes, from eatables to electronics and other household items. In this scenario, all human beings are consumer who avail different services.

In a society, every person has rights and corresponding to those rights liabilities and obligations are imposed on others. Now, as a matter of fact, if all human beings carry out their duties in a smooth and lawful manner, according to norms and laws laid down by society, this world will become a heaven. When people want to avail their rights but do not carry out their duties they cause problems for their fellow human beings.

Those societies are considered to be ideal ones where consumer rights are given preference and protection in true sense. In 1985, United Nations approved resolution No. 39/248 recognising eight basic rights of consumers which are as under;

1. Right of protection.

2. Right of representation.

3. Right of Compensation.

4. Right of information.

5. Right of healthy environment.

6. Right to choose.

7. Right to basic necessities.

8. Right of education.

Pakistan, being a member state of the UN, adopted the said resolution. Consumer protection, being a provincial subject, falls into the domain of provincial government. Hence, Punjab government has taken a welfare-oriented step for the protection and promotion of consumer rights and interests by enacting Punjab Consumer Protection Act, 2005 and enforcing it in a true letter and spirit.

As a first step, Consumer Courts and District Consumer Protection Councils have been established in eleven districts of the province to deliver justice to consumers at their doorstep. Under the said Act, authority has been vested in the District Coordination Officer of every District to enforce the Act and provide remedy to the public at large against defective products and faulty services.

In this regard, following set-up has been established under the Punjab Consumer Protection Act (PCPA), 2005: Provincial Consumer Protection Council's Secretariat, District Consumer Protection Councils, and District Consumer Courts.

It is advisable to Consumers to observe the following principles to protect their rights: Always check manufacturing and expiry dates of the products. (Section-11, PCPA, 2005).

1. At all times makes it a habit to read ingredients/component parts of the product. (Section-11, PCPA, 2005).

2. To insist on rate list/price catalogue of goods, from manufacturer/trader. (Section-18, PCPA, 2005).

3. Always insist on and get receipt of goods purchased. (Section-19, PCPA, 2005).

4. In case of hiring services, it's the right of consumer to ask for the capabilities or qualifications of the provider of the service along with the quality of the products he intends to use for provision of the service. (Section-16, PCPA, 2005).

If any service provider or manufacturer/trader does not fulfill the above-mentioned consumer rights, the DCO, on receipt of complaint, has power to fine him up to fifty thousand rupees.

If a consumer suffered with some damage caused by a product or service, he has the right to claim damages/compensation. For this purpose, the following simple steps have been devised for the convenience of public at large:

1. First of all, serve a fifteen days legal notice, on plain paper, to the provider of faulty services or defective products as the case may be. Stating therein that he will redress the damage suffered by consumer due to faulty service or defective product and consequently pays damages to the consumer within fifteen days of receipt of legal notice. Otherwise the consumer can file a claim for damages in the Consumer Court in this regard. (Section-28, PCPA, 2005).

2. The legal notice to be served through registered post or courier service and keep receipt of it along with photocopy of the legal notice with you for further proceedings if needed.

3. If the matter does not resolve through legal notice and grievance exists then consumer can file a claim for damages in the Consumer Court along with photocopies of national identity card, legal notice, receipt of registered post or courier service regarding legal notice, any receipt / document regarding product / service. (Section-25, PCPA, 2005).

4. The claim can be filed by the consumer himself or through a lawyer. In case of hiring lawyer it is advisable to attach certificate of lawyer's fee along with claim so it can also be awarded back at the time of decision of claim in favor of consumer.

5. According to the section-30 (5) of the Punjab Consumer Protection Act, 2005, "The Consumer Court shall decide the claim within six months after the service of summons on the respondent".

6. According to section 23 (2) of the PCPA, 2005, the Authority (DCO) may file a claim before the Consumer Court for declaring a product defective or a service as faulty without proof of any damage actually suffered by a consumer but likely to be suffered.

Any consumer can contact any of the District Consumer Protection Council or Provincial Consumer protection Council for guidance and assistance in consumer-related matters.

The writer is Assistant Director Legal, Provincial Consumer Protection Council, Punjab

 

Foreign debt

The only way out

There are spaces in international laws that can be invoked as legal justification to demand cancellation of debt

By Abdul Khaliq

Pakistan is facing the worst-ever natural disaster of its history. About 20 million of its population is displaced due to recent huge devastation caused by the angry floods. Major infrastructure is totally destroyed in major parts of the country. The economic loss is in billion dollars. Foreign minister has put it as not less than $43 billion. This initial estimation may go up and above $50 billion after the final assessment report.

A debt-ridden Pakistan is totally unable to cope with this horrific calamity and its long term impacts on economy. This is the time, instead of seeking moratorium or rescheduling on Pakistan's debts, Pakistan must stand up and declare unilateral suspension of repayment of foreign debts, owed to IFIs, donor countries and clubs.

The current external debt of Pakistan stands at $55.5 billion. That figure will jump to $73 billion in 2015-16, as debts that were rescheduled after 9/11, in exchange for Pakistan's co-operation in the "war on terror", will come back into play. Besides this, Pakistan is paying over $ 3 billion on debt-servicing every year on average. That means Pakistan pays Rs.710 million daily and Rs.30 million every hour to foreign creditors.

As our present foreign debt of $ 55.5 billion will be further increasing after latest loans from World Bank ($1 billion) and ADB ($ 2 billion) the ratio of debt servicing will automatically up by the same ratio. Under the prevailing critical circumstances, the government of Pakistan should take radical stance to cope with this severe debt burden.

Various laws, resolutions, precedents and international protocols favour Pakistan if it demands debt cancellation and dares to refuse to pay foreign debts right now, especially under the critical circumstances it is passing through. To refuse payment of debts is not a new thing; many poor countries had already exercised this lawful right in the past.

There are spaces in international laws, resolutions and protocols that can be invoked as legal justification to refuse the external debt and demand cancellation. One of these justifications is called rule of "State of Necessity". This rule is characterized by a situation that jeopardises the economic or political survival of a country such as the situations which creates the factor of impossibility of fulfilling the very basic needs of the populations (health, education, food, water, housing etc). The "State of Necessity" justifies the repudiating of debt, since it implies the establishing priorities among different obligations of the State.

A natural calamity-like the one hitting Pakistan has given birth to the very factor of "State of Necessity". Besides this the UN Human Rights Commission has adopted numerous resolutions on the issue of debt and structural adjustment. One such resolution was adopted in 1999, asserts that "The exercise of the basic rights of the people of the debtor countries to food, housing, clothing, employment, education, health services and a healthy environment cannot be subordinated to the implementation of the structural adjustment policies, growth programs and economic reforms".

Then there is resolution of UN commission on International Law 1980, which says, "A state cannot be expected to close its schools, hospitals and universities, abandon public services to point of chaos, simply to have money to repay its foreign debts".

The rule of moral responsibility is also worthy to be mentioned. It is immoral to demand a calamity-hit poor country devote what available resources it has to repay creditors rather than satisfy fundamental needs of its people in misery. From moral point of view, the rights of creditors are insignificant in comparison with fundamental rights of populations.

Pakistan is bled of resources every year to repay borrowers who extended unjust loans to the dictators of country over decades. It is vital that desperately-needed emergency aid is not effectively swallowed up in debt repayments.

Pakistan is no more able to fulfill fundamental human needs of its 20 million flood-hit population. Therefore, Pakistan is simply unable to repay or service its debt responsibilities. IFIs and the creditors should not expect Pakistan to continue debt repayments, leaving its people hungry, shelterless and close its schools and hospitals, etc, creating chaos and anarchy.

Under the prevailing conditions, Pakistan must be able to mobilise all available resources towards relief and rehabilitation. Instead of sending billions in debt service out of the country, Pakistan should be able to divert those resources towards rehabilitation of its people. The international community should provide grant support instead of give new loans that will push Pakistan further into debt trap. Early estimates suggest that Pakistan would need 10 years to rebuild and at least 43 billion. So far, only a fraction of the needed assistance is poured in from the international community.

The first and foremost thing in such circumstances is the fulfillments of all fundamental human needs of the population hit by natural calamity. So, this is high time for Pakistan to stand up to its creditors and say a big no. Pakistan had already missed one such opportunity in 2005 when devastating quake hit Kashmir, leaving millions of people in misery. This time, it is a bigger calamity. We have a number of precedents in history when democratically elected governments in debtor countries refuse debt payments on account of "State of Necessity". Latin American countries, including Argentine, Burkina Faso, Peru, Mexico, Paraguay, and Ecuador took such positions in the past.

In July 1985, the government of Peru decided to limit debt repayments to 10pc of export revenues. This led to severe resentment of IMF and World Bank, calling Peru's banishment from international community. Just after only three months, the situation become normal and creditors had no choice but to add the Peru's arrears on interest ($ 5 billion) to debt stock.

Recently, IMF had to cancel all its debt (US $ 268 million) owed by Haiti, after earthquake-hit Haiti in January 2010. The cancellation is given via the newly established Post-Catastrophe Debt Relief Trust Fund, which was set up for this purpose and which can now be accessed by other indebted countries hit by disaster.

Another example is Argentine. The country went into serious crisis after 2001 economic crisis. Though Argentine leaders had always implemented unpopular policies dictated by IMF, it was the people of Argentine who come on the roads in 2001 to protest debt domination. This popular action succeeded in altering history. As a result, country's president announced the biggest unilateral suspension of foreign debt in history, a total of more than $80b owed to private creditors, countries and Paris Club. Thus, Argentine demonstrated that a country could stop debt repayments for a lengthy period of time.

Burkina Faso is another country which stood against IFIs and refused payment of debts. In 1987, its President Thomas Sankara announced unilateral suspension of foreign debts. He said. "The debt cannot be repaid, firstly because if we do not pay, the creditors will certainly not die, on the other hand if we pay, we will certainly die. Those who have led us to debt trap have gambled as though in casino. When they were winning there was no debate. But now when they have lost through gambling, they demand that we repay them. No! According to rules of the game we cannot pay and refuse to pay all foreign debts."

Pakistan's total debt-to-GDP ratio has crossed 61 percent this fiscal year, breaching the 60 percent limit set under the Fiscal Responsibility and Debt Limitation Act. According to WB, if debt-to-GDP ratio exceeds the limit of 80 percent, default is sure. World Bank's recent announcement to provide new loan to Pakistan of $900 million and the Asian Development Bank's announcement for a $2 billion emergency loan is highly condemnable. Pakistan already owed huge amount of about $24 to Asian Development Bank and the World Bank. Further loaning, without any doubt, will lead an already debt-trapped Pakistan to a worst economic wilderness.

Instead of accepting new loan offers, the democratically elected government of Pakistan should request communities for help and grants at the same time demanding total and unconditional cancellation of its foreign debt. Time and again, countries facing tragedies are forced by International Financial Institutions and donor countries to mortgage their future as they borrow for relief and recovery efforts. Thus, the tragedy is magnified for years to come.

Such borrowings would simply add to the country's long term debt burden that could hinder future development. The government of Pakistan must tell the IFIs in clear terms that it is not ready to accept loans but only grants. Extending loans is tantamount to further enslaving the people of Pakistan. We want to tell WB, ADB and IMF to please do not rub salts on the wounds of the calamity-hit, debt-ridden people of Pakistan by extending such loans.

The government of Pakistan must realise that moratoriums and rescheduling would not be helping it much to cope with this extra-ordinary calamity. In view of the magnitude and degree of the devastation, call for a total and unconditional debt cancellation is the only way out.

If Pakistan is to re-build the infrastructure to withstand such appalling disasters in future it must be freed from its debt trap. A debt audit is needed -- and those debts found to be unjust and unbeneficial must be cancelled immediately to give the country a fresh start.

The writer is Focal Person, Campaign for Abolition of Third World Debt (CADTM), Pakistan.

E-mail: cadtm.pakistan@gmail

 

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