As I mentioned in my recent post, Decreasing Child Labor in 2012, child labor continues to hold some 215 million children in its firm grasp. While the fight to this practice has received increased attention, it is a long and hard battle. One of the largest and most public arenas where the fight against child labor is waged is in agriculture.  According to the International Labor Organization (ILO), two-thirds of children aged 5-17 work in agriculture.  Two massive consumer industries that continuously profit off the backs of child laborers are the cocoa/chocolate, and cotton/garment industries.

Rather than learning and dreaming of a brighter future in classrooms where they belong, thousands of children are working long and laborious hours in harsh and often dangerous conditions with little hope of a prosperous future, let alone a fair and decent wage- if any wage at all.

Child Labor in the Cocoa Industry

The global cocoa industry often traffics children to work as slaves. According to UNICEF, in West Africa 200,000 children are living in conditions of forced labor and slavery on cocoa farms.  One company that has been under heavy pressure to remove child labor from their supply chains is U.S. chocolate leader Hershey; however, the years of pressure by consumers and the media, not to mention the industry itself, have largely passed with little impact.  The Hershey Company has been aware that their products are tainted by slavery and child labor since at least 2001, when along with the other major chocolate companies, Hershey made a commitment to end child and forced labor in their cocoa supply chains.  In September 2001, chocolate and cocoa industry representatives signed the Harkin Engel Protocol, developed by Senator Tom Harkin and Representative Eliot Engel, in an effort to eliminate child labor in the industry. The protocol has a six-point approach to solve the problem, including a time sensitive process to establish credibility and eliminate the use of child slavery. The protocol was signed by the industry’s large cocoa producing companies and set forth an action plan to eliminate the worst forms of child labor and forced labor from cocoa farms worldwide by 2005.

However, Hershey’s has continued to produce their products undaunted by the knowledge that their profits come with a high human cost. They continue to source cocoa from the Ivory Coast, which according to the International Labor Organization (ILO), produces 43% of the worlds cocoa, without ensuring that child labor exploitation does not occur in the production of the cocoa they use.  However, it seems that 2012 is the year Hershey will finally opened their eyes and fall to pressure, mostly thanks to the International Labor Rights Forum and the public campaign “Raise The Bar“, aimed directly at the company’s failure to act.  The ILRF contacted Hershey to let them know of their plans to air an ad about Hershey’s child labor issues on a jumbo-tron at the Lucas Oil Stadium in Indianapolis for the Super Bowl.  Suddenly Hershey’s was ready to speak up and issued a statement that, by the end of 2012, they pledged to use only Rainforest Alliance certified cocoa for its  Bliss chocolate line. Rainforest Alliance Certified farms have three pillars of sustainability: environmental protection, social equity and economic viability.  Hershey’s also stated they they plan to invest $10 million in West Africa, to encourage economic initiatives and to reduce child labor and improve cocoa supply (Huffington Post).  While this is great news, it is not yet time to celebrate, as it is a small step in the long road to freedom for millions of children victimized by child labor.

Children in the Cotton Fields

Over the past few years, the media has highlighted the case of Uzbekistan, a major global supplier of cotton to the garment industry.  Estimates say some 1.5 to 2 million schoolchildren between the ages of 10-16 years-old have been forced to pick cotton each year from September-November. However, despite an international outcry, and ban against cotton from Uzbekistan by many Western companies the previous year, little changed for Uzbek children last year, as they continued to be pulled from the classrooms and forced to work in the cotton fields (EurasiaNet). Sadly, Uzbekistan is not the only country utilizing child labor to harvest their precious ’white gold’; India is also a large producer of both raw cotton and processed materials. Yet unlike the children of Uzbekistan they have not found themselves under the heavy scrutiny of investigators or the public media.  “According to one Indian campaigning organization, around a third of workers in the cotton-producing industry are children. The number of child cotton workers across the country as a whole could be as much as half a million.” (SOS Children’s Villages)

This past month, retail giant and one of the top consumers of fair-trade cotton, Victoria’s Secret, under the parent company Limited Brands Inc., was thrust into the spotlight due to reports of child labor practices by a supplier from which they purchase fair-trade fiber harvested in Burkina Faso each year.  “Under regulations separate from those being examined by homeland security, the U.S. Department of Labor had determined the problem of forced child labor in Burkina Faso’s cotton sector was serious enough to ban its fiber from the federal government’s procurement system. It’s one of just 29 products from a total of 21 countries that U.S. agencies are forbidden from buying under those rules.” (Bloomberg)

Are we doing enough?

The case against cotton from Burkina Faso highlights that bans in themselves do not solve the problem. The same is true in Uzbekistan, whose suppliers simply found new buyers in Russia and China.  In both the cotton and cocoa industries,  there is an need for increased monitoring of suppliers and prosecution of cases of labor violations. However, countries must cooperate with investigations, making regulation difficult.  It is clear that we need to strengthen both domestic and international legislation and cooperation to allow the prosecution of acts involving child and forced labor.  Until every child is out of the fields, mines, factories, fishing boats, etc. and in a classroom, we are not doing enough.  Yes, it is a long road, but there is an end in sight and we must not stop until we reach it.

To end child slavery the pressure and willingness to rid it from each level of the supply chain must come from every direction.  This means not only governments and large scale corporations, but consumers.  When the price seems too good to be true, it usually is, and when your not paying for it someone else, perhaps a child, is paying the price for you.  Remember that while it is difficult to know each step of the supply chain producing your products, you can still be an active and educated consumer by purchasing items that are certified fair-trade.  Please also see previous posts on Child Trafficking, Child Labor and fair trade such as, Fair Trade Trick-or-Treating, Become a Conscious Consumer this October for Fair Trade Month and Impact Children, and don’t forget to check out the following resource pages: Fair Trade and Slave Free Links and Fair Trade Book List.  You can hear stories from the children who work in cocoa fields from the International Cocoa Initiative here.  For more info on the campaign to end child labor and cotton visit Environmental Justice Foundation here.

Look for my follow-up post on fair-trade chocolate and learn how to ensure that your Valentines treats are child labor and slave free.

Fuel Prices Pumped Up..

ISLAMABAD– Cash-starved government in a desperate bid Tuesday added to the miseries of the already overburdened consumers by increasing the prices of POL products up to six per cent while a surcharge up to Rs 14.70 per mmbtu was also imposed on CNG with immediate effect.Though Oil and Gas Regulatory Authority (Ogra), in a bid to benefit the consumers, has recommended the government to maintain the POL prices by reducing the petroleum levy, yet the Finance Ministry, turning down the recommendations of Ogra, has approved further hike in the already sky-high prices of POL products from three to six per cent. Similarly, Ogra had recommended no increase in gas prices but were overruled by the Federal Government.According to Oil and Gas Regulatory Authority’s notification pertaining the prices of petroleum oil and lubricants (POL) for the current month, a further hike of Rs 5.37 per litre in motor gasoline (petrol), high octane blended component (HOBC) Rs 6.29 per litre, high speed diesel (HSD) Rs4.64 per litre, light diesel oil (LDO) Rs 3.43 per litre and kerosene Rs 2.78 per litre has been given this time. Moreover, Finance Ministry has jacked up the ratio of petroleum levy (PL) on HSD by Rs 1.32 per litre. Resultantly, the PL on HSD has reached a high level of Rs6.50 per litre.It is to note here that in accordance with upward trend of oil prices in the international market, the price of HSD was likely to go up by Rs3.11 per litre. After this recent surge, new price of petrol has reached at Rs 94.91 per litre, HOBC Rs 118.20 per litre, HSD Rs 103.46 per litre, kerosene oil Rs 92.02 per litre and the per litre price of LDO has touched Rs 90.21 per litre.Meanwhile, petroleum ministry has issued a notification of imposition of 10 per cent gas infrastructure development surcharge on compressed natural gas (CNG) with effect from today (1st February).Oil and Gas Regulatory Authority has issued a notification pertaining to the revised prices of the CNG after the issuance of notification from ministry of petroleum and natural resources with effect from start of the February. According to the notification of the ministry, a surcharge worth Rs 14.70 per mmbtu has been imposed on the regions of Khyber Pakhtunkhwa, Balochistan and Potohar while Rs 7.90/mmbtu has been decided to impose on Sindh and Punjab regions. In this way, with an increase of 71 paisa, the price of CNG in the region one has touched a record high level of Rs74.29 per kilogram while after this hike of 36 paisa for region two, CNG will be available at Rs 69.60/kg in this region.It is worth mentioning that government had reduced 10 per cent surcharge on 4th January succumbing to the pressure of CNG association’s countrywide strike.

How can you not love California if you’re an environmentalist?  I’ve lauded the Golden State a few times here for its forward-thinking, smart, and economically advantageous approach to power, transportation, planning, building and curtailing greenhouse gases.  The federal government has so many times taken California’s lead, most recently in pumping up the Corporate Average Fuel Economy required for cars sold in the U.S.  We were talking in one of my classes the other day too about how California has made energy efficiency a priority and controlled its electricity consumption since the mid-1970s far beyond what has happened in the rest of the country.

California has taken another giant leap for mankind with the adoption of its new Advanced Clean Cars program.  The LA Times reports here that “By 2025, one in seven new autos sold in California, or roughly 1.4 million, must be ultra-clean, moving what is now a driving novelty into the mainstream.”  What is ultra-clean?  Electric vehicles, cars powered by fuel cells, and plug-in hybrid vehicles.  Californians will be once again setting the pace.

Meanwhile, the state has also tried to move forward with a low carbon fuel standard (LCFS).  The Washington Post explains here that “The new standards assign carbon intensity values to roughly 250 types of crude (higher carbon) along with other fuels — including ethanol, electricity and hydrogen, all lower carbon— that power cars and trucks.”  The aim is to reduce the carbon content of the fuel over time.  U.S. law, not incidentally, takes it a step further in barring all purchases by the federal government of any fuel that exceeds the greenhouse gas footprint of conventionally sourced oil.  This is embodied in Section 526 of the Energy Independence and Security Act of 2007.  The Sierra Club is pursuing a case in court now to enforce this rule.  The European Union is taking a similar approach with its Fuel Quality Directive which would, if fully implemented and enforced, bar Canadian tar sands oil from use.

California is being held up because of a court case in which a federal judge has barred the rule from coming into effect.  However, the WaPo article notes that Mary Nichols, head of the California Air Resources Board, has said that amendments that the Board has made recently will satisfy the court’s concerns.  See a video on the program at the LCFS web page and how it is integrated into the overall approach the good people of California are taking to maximize health and prosperity while minimizing the costs, environmental and economic, of business as usual.

PT Report Gilgit, January 26:  After a delay of seven month, the Kashmir and Gilgit – Baltistan Division (KANA) has released 8 million rupees for payment of salaries to staff members of the Mother and Child Health Care project, run by the federal government. According to details up to 129 mid-wives and 60 other staff [...]

PESHAWAR: The Federal Government has agreed in principal to rename Peshawar International Airport after the name of Khudai Khidmatgar Khan Abdul Ghaffar alias Baacha Khan in recognition to his services for the Muslims of sub continent and struggle as preacher of non-violence. The jubilant President of Awami National Party Asfandyar Wali Khan announced this at [...]

Constitution of Pakistan has been amended seventeen times since its promulgation in 1973; however the ninth and eleventh amendment bills were not passed. The importance of legislation is incontestable; it is the prerogative of parliament to set the rules of business but does it make any difference for a commoner either President has more power or Prime Minister. What matters for him is good governance, availability of basic needs with in affordable price. 

Below are all amendments in a summarized form 1974 onwards…

First Amendment May 04, 1974

• Article 1 – Amendment revised units, provinces and territories of the federation
  
• Article 17 – Amendment allowed citizens other than those in service of Pakistan to form political party and every political party to account for the source of its funds by law.
  

This amendment had become necessary as East Pakistan had emerged as a new independent state “Bangladesh” and Pakistan had officially recognized it.

Second Amendment September 17, 1974

• Article 106 – Quadiani group or the Lahori group (who call themselves ‘Ahmadis’)” was declared minorities.
  
• Article 260 – the definition of a Muslim was made part of constitution which is, ” A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after MUHAMMAD (Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law.”
  

Third Amendment February 13, 1975

• Article 10, 232 – the amendment addressed the issues of preventative custody by curtailing the rights of detainee and by conferring more powers for detaining authority.
  

Fourth Amendment November 21, 1975

• Articles 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, First schedule and Fourth Schedule. The amendment added 6 reserved seats in National Assembly, curtailed the powers of High Courts for cases related to preventative detainment, Land reforms, economic reforms and several regulations promulgated by President prior to Constitution were made part of constitution.
  

Fifth Amendment September 16, 1976

• Articles 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206, 212, 260, 280 and First Schedule. The amendment established the rules for appointment of Governors, Chief Justices and the discretionary powers of the High Courts and Supreme Courts, abolished joint High Court of Sind and Baluchistan, constituted separate high court for each province.
  

Sixth Amendment December 13, 1976

• Articles 179, 195, 246, 260 – The Amendment extended the appointment of the Chief Justices of Supreme Courts and High Courts beyond their retirement age limit for when they have not completed the term of office.
  

Seventh Amendment May 16, 1977

• Articles 101, 245 – New Article 96 A inserted which was supposed to stay in force till September 30, 1977 Amendment suggested to hold a referendum to seek vote of confidence for the Prime Minister by General Public.
  

Eighth Amendment November 9, 1985

• Articles 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130, 144, 152 A, 270 A and addition of new Schedule, the Sixth Schedule, The constitution restored to the position of July 5, 1977 with amendment which conferred the powers upon the President to nominate Prime Minister, appointing the services chiefs, other key state positions and dissolve the National Assembly and Governors could dissolve provincial assemblies.
  

Ninth Amendment Bill 1985 (It was not passed and still remains a bill)

• In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively offer that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.
  

Tenth Amendment March 25, 1987

• Articles 54 and 61 Amendment curtailed the working days of National Assembly and the Senate from 160 to 130 per year.
  

Eleventh Amendment Bill 1989 (It was withdrawn by the movers.)

• Article 51 the amendment bill was moved in Senate suggesting the restoration of 20 Women Seats in the National Assembly. It was withdrawn by the movers after government assurance.
  

Twelfth Amendment July 28, 1991

• New Article inserted: 212 B Provisions amended: Fifth Schedule. Amendment allowed constitution of special courts for heinous crimes as well as increase the salaries of Judges.
  

Thirteenth Amendment April 3, 1997

• Article 58, 101, 112, 243 – Amendment was to withdraw Eighth Amendment powers of the President and Governors to dissolve National and Provincial assemblies, the Prime Minister was conferred the powers to appoint Services Chiefs and other key position.
  

Fourteenth Amendment July 3, 1997

• New Article inserted 63A Amendment to provide disqualification of a member of Parliamentary party on the ground of defection, floor crossing, abstaining or refraining from vote or voting against the party policy.
  

Fifteenth Amendment August 28, 1998

• Insertion of Article 2B in view of the fact that the Objectives Resolution is now substantive part of the Constitution, it is necessary that Quran and Sunnah are declared to be the supreme law of Pakistan, and the Government is empowered to take necessary steps to enforce Shariah.

Sixteenth Amendment August 5, 1999

• Insertion of Article 27 which safeguards against discrimination in services, Quota system was extended till 2013.
  

Seventeenth Amendment August 21, 2002

• New Article Inserted 41, 58, 112, 152A, 179, 195, 243, 268 and 270AA Amendments were made to the constitution for the approval of Gen. Musharraf to stay President in uniform, his coup on October 12, 1999 and inclusion of the Legal Framework Order (LFO) into the constitution which empowered President again.
  

Eighteenth Amendment April 19, 2010

• Articles amended or substituted 1, 6, 17, 25, 27, 29, 38, 41, 46, 48, 51, 58, 59, 61, 62, 63, 63A, 71, 73, 75, 89, 90, 91, 92, 99, 100, 101, 102, 104, 105, 106, 112, 116, 122, 127, 128, 129, 130, 131, 132, 139, 140, 142, 143, 144, 147, 149, 154, 155, 156, 157, 160, 161, 167, 168, 170, 171, 172, 175, 177, 193, 194, 198, 199, 200, 203, 203D, 209, 213, 215, 216, 218, 219, 221, 224, 226,228, 232, 233, 234, 242, 243, 260, 268, 270A, 270AA, 270B
  
• Articles inserted 10A, 19A, 25A, 140A, 175A, 267A, 267B, 270BB
  
• Articles omitted 71 and Omission of sixth and seventh schedule
  
• Summary: Parliament declared the 17th Amendment to the Constitution and the Legal Framework Order (LFO) given by a dictator as without any legal authority. NWFP renamed as ‘Khyber Pakhtoonkhwa’. Good Governance by restricting the size of the Cabinet in to 11 per cent of the members of Parliament and respective Provinces. Four seats, one from each province, to be allocated in the Senate for the minorities to increase their strength. Education to each child up to the age of 16 years made compulsory. Formation of the council of common interests revised with prime minister as its chairman. The council should meet at least once in 90 days besides abolition of the Concurrent List. Prime Minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before the Majlis-e-Shoora (parliament). President could use the power of dissolution of the National Assembly when a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly, in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly for the purpose. For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process. Under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an act of Majlis-e-Shoora (parliament). Restriction imposed on the attorney general for doing private practice. Inexpensive and expeditious justice should be ensured to the people as also the right of access to information without any hurdle. The prime minister shall, in consultation with the leader of the opposition in the National Assembly, forward three names for appointment of the Chief Election Commissioner to a parliamentary committee for hearing and confirmation of any one person. The parliamentary committee, to be constituted by the speaker, shall comprise 50 per cent from the opposition parties, based on their strength in Parliament to be nominated by the respective parliamentary leaders. In case there is no consensus between the prime minister and the leader of the opposition, each shall forward separate lists to the parliamentary committee for consideration, which may confirm one name. The total strength of the parliamentary committee shall not exceed 12 members out of which one-third shall be from the Senate. Provided that when the National Assembly is dissolved and a vacancy occurs in the office of the chief election commissioner, the parliamentary committee shall comprise the members of the Senate only. There shall be no restriction on the number of terms for the offices of the prime minister and chief ministers. Prime minister would advise the president on appointment of the chairman of the chiefs of staff committee and chiefs of three armed forces. The Senate shall consist of 104 instead of 100 members with the addition of one minority member from each province. Working days of the Senate have been increased from 90 to 110. Restriction on a person who has been dismissed from the service of Pakistan, service of a corporation or office set up or controlled by the federal government or the provincial government on ground of misconduct has been lifted. According to this amendment, a person could be elected as MP, three or five years after dismissal from the service. A person shall be disqualified from being elected or chosen as, and from being, a member of parliament if he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the federal government, the provincial government or a local government on ground of misconduct, unless a period of five years since his removal or dismissal; or unless a period of three years has elapsed since his removal or compulsory retirement. The restriction on a person being elected as member of parliament, who has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a period of five years has elapsed since his release. Chairman of the Federal Public Service Commission would be appointed by the president on the advice of the prime minister. Similarly, chairmen of the provincial public service commissions would be appointed by the governors on the advice of chief ministers. Proclamation of emergency in the province due to internal disturbances would require a resolution from the provincial assembly. If the president acts on his own, the proclamation of emergency shall be placed before both houses of parliament for approval by each house within 10 days. On dissolution of the assembly or completion of its term, or in case it is dissolved under Article 58 or Article 112, a caretaker shall be selected by the president in consultation with the prime minister and the leader of the opposition in the outgoing National Assembly. Similarly, a caretaker chief minister will be appointed in consultation with the chief minister and the leader of the opposition in the outgoing provincial assembly. Proclamation of emergency of the fourteenth day of October, 1999, the Provisional Constitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the amendments made in the Constitution through LFO, 2002, (Chief Executive Order No 24), the LFO (Amendment) Order, 2002, Chief Executive’s Order No 29 of 2002) and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No 32 of 2002), notwithstanding any judgment of any court, including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect. Judges of the Supreme Court, High Courts and Federal Shariat Court who were continuing to hold the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the office as judge or appointed as such as the case may be, under the Constitution and such continuance or appointment, shall have effect accordingly. Appointment of judges to the Supreme Court, there shall be a judicial commission. For appointment of judges of the Supreme Court, the commission, headed by the chief justice of Pakistan, shall also consist of two most senior judges of the apex court, a former chief justice or a former judge of the Supreme Court to be appointed by the chief justice in consultation with two member judges for a period of two years, federal minister for law and justice, Attorney General for Pakistan, and a senior advocate of the Supreme Court of Pakistan to be nominated by the Pakistan Bar Council for a period of two years. The judicial commission for the appointment of High Court judge, headed by the chief justice of the High Court, would also include two most senior judges of the High Court, provincial law minister, a senior advocate to be nominated by the provincial bar council. For appointment of judges of the Federal Shariat Court, the judicial commission shall also include the chief justice of the Shariat Court and the most senior judge of that court as its members. Article 58-2(b) should be repealed and substituted with “Dissolution of the National Assembly”. The substitution clause says that the president shall dissolve the National Assembly if so advised by the prime minister, and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised. Notwithstanding anything contained in Clause 2 of Article 48, the president may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provision of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose. Passing of the bills: Recommended substitution in Article 70 with “introduction of passing of bills”, adding that a bill with respect to any matter in the Federal Legislative List may originate in either house and shall, if it is passed by the house in which it originated, be transmitted to the other house and if the bill is passed without amendment by the other house also, it shall be presented to the president for assent. Bills presented in the house but not passed within 90 days of lying in the House shall be considered in a joint sitting of parliament. Islamabad High Court established and the judges of the Islamabad High Court should be taken from the federal capital and four provinces.
  

Nineteenth Amendment January 1, 2011

• Articles 81, 175, 175A, 182, 213, 246 – Amendment introduced a new system for appointments in the superior courts; the amendment also raised the number of senior judges as members of the Judicial Commission to four. Under the amendment, recommendations for the appointments of ad hoc judges in the superior courts will be made by the Chief Justice of Pakistan in consultation with the Judicial Commission. Moreover, in case of the National Assembly’s dissolution, members of the parliamentary committee will be from the Senate only.
  

Husain Haqqani: Pawn in a larger game?

There are numerous issues besides ‘Memogate’ that directly affect the people, like the shortage of gas, electricity, clean drinking water, housing, healthcare, employment and so on. But the issue gains significance because so far, no democratically elected civilian government in Pakistan has ever been allowed to complete its tenure and hand over power to the next one through democratic elections (as I outlined in this paper). There were hopes that this government would be the first to do so – a critical step towards the continuation of a democratic political that is necessary to move the country away from the military-dominated politics of the past – something, as it is now all too apparent, is not a thing of the past after all. In this context, it’s important to understand the current situation and its dangers. Myra MacDonald sums it up in an analysis for Reuters. Some insights were posted to this blog earlier (here and here). Additional facts are laid out in a document received today (reproduced below) that outlines some facts about Husain Haqqani and ‘memogate’. Also read this important article, ‘Treason? Under what Constitution? in the New Pakistan blog, which dissects the ‘memo’ contents and notes that each item in the document falls under the constitutional purview of the federal government…

Issue at hand: Former Ambassador of Pakistan to the US, Husain Haqqani, is currently a virtual prisoner as his life is under danger both from the extremists and from the security agencies. He is residing for his own safety at the Prime Minister’s residence. The Supreme Court of Pakistan imposed a travel ban on him on December 1, 2011 restricting him from leave the country. His wife, Member of Pakistan’s Parliament, Farahnaz Ispahani’s life is also in danger, which is why she is currently in the US where she had come for medical checkups.

This situation arose after the false allegations by an American businessman of Pakistani origin, Mansur Ijaz, who claimed that the Ambassador and President Zardari had sought American help to prevent a military coup in Pakistan. Ambassador Haqqani has flatly denied these allegations. Further, Ambassador Haqqani knew Admiral Mullen very well and could have contacted him directly anytime; it defies understanding why he would need Ijaz to convey a message to Admiral Mullen.

A history of false claims: Mansur Ijaz is well-known over the years for self-promotion and false claims. During the mid-1990s he claimed that he had close ties to the Sudanese government and would be able to help the Clinton administration get Osama Bin Laden. However, both Clinton NSA Sandy Berger and the 9/11 Commission that interviewed Ijaz found no credible evidence in what he said. In 1999 Ijaz claimed to be the American envoy to India and Pakistan to help resolve the Kashmir dispute but in the end neither side found him credible or someone who could deliver. In 2004 Ijaz claimed that chemical warheads were being smuggled into Iraq for an attack on American troops which he later denied.

The ‘memo’: Former US national security advisor General Jim Jones conveyed Ijaz’s memo to then Chairman US Joint Chiefs of Staff, Admiral Mullen. Gen Jones in an affidavit has sworn that he believes Ambassador Haqqani had nothing to do with the memo. According to General Jones the language of the memo was akin to what Ijaz wrote.

Ijaz claims that soon after he wrote an OpEd about the ‘memo issue’ on October 10, 2011, Pakistan’s ISI chief, Lt Gen Ahmed Shuja Pasha flew to London, met him and examined the evidence and found it credible. However, Admiral Mullen has stated that when he received the memo from Gen Jones, he did not find it credible and took no action on it.

Threats: Asma Jahangir, leading human rights advocate and counsel to Ambassador Haqqani, has stated that Ambassador Haqqani is under threat from his own intelligence-security agencies. In this context Admiral Mullen in one of his final testimonies stated that Pakistan’s intelligence service, ISI, and the Pakistani military have often lied to the Americans, and provide support to the extremist groups, including those who kill Americans.

Action required: Ambassador Haqqani needs to have his passport returned to him and have his name taken off the Exit Control List (ECL) so he can travel. The due process of law must be applied.

Background: The government’s opponents – in the media, political parties, military-intelligence establishment – have used this opportunity to attack the government and try to make Ambassador Haqqani a scapegoat. Some worrying facts:

• Opposition leader Nawaz Sharif (who in 1999 had Ambassador Haqqani imprisoned and tortured for writing OpEds against his regime)  is the leading petitioner before the Supreme Court.
• • The Supreme Court took up Mr Sharif’s petition instead of sending it to a trial court first.
• The Supreme Court ignored due process of law and immediately placed a travel ban on Ambassador Haqqani without letting him or his counsel appear before court.
• The head of the ISI himself conducted a forensic investigation and the army chief and head of ISI have stated in their affidavits that they believe the ‘memo’ was genuine – which points to an attempt to frame the Ambassador by institutions that have never agreed with his views.
• A political-media trial and witch-hunt has been ongoing since Ijaz’s OpEd first appeared in the Financial Times.

Detailed Background and Information

Background of Memo: The origins of the memo are in dispute. On October 10, 2011 an American businessman of Pakistani descent, Mansur Ijaz, wrote an OpEd in Financial Times alleging that in the aftermath of the Osama Bin Laden raid of May 2, 2011, he was approached by a senior Pakistani diplomat to pass on a memo to enlist the US military’s help to head off a feared military coup, in exchange for overhauling the country’s powerful top security leadership. He said he gave the memo to former NSA Gen (retd) Jim Jones who passed it on to then Chairman, Joint Chiefs of Staff, Admiral Mike Mullen.

In the ensuing weeks Ijaz claimed that Amb Husain Haqqani was that senior diplomat and that he and Amb Haqqani corresponded by Blackberry messenger messages, phone conversations and emails.

Amb Haqqani flatly denied these allegations. Admiral Mullen stated that he had received a memo but he did not find it ‘credible.’ According to Mullen’s spokesman “I have said this before and am saying again today. Nothing about that letter had the imprimatur on the Pakistani Government. It was not signed. And the contents of it Admiral Mullen did not find credible. So he took no action on it.” (November 22, 2011)

Amb Haqqani returned to Pakistan on November 19 and tendered his resignation in order to ensure a free and fair inquiry into the issue. The civilian government, while supporting Amb Haqqani’s account accepted his resignation. His passport was confiscated upon his return to Pakistan.

Supreme Court action: December 23, former Prime Minister and leader of the main opposition party, PML-N, Nawaz Sharif filed a petition in the Supreme Court of Pakistan (SCP) claiming that under article 184(3) of the Constitution, the SCP could take up any issue of public importance which relates to fundamental rights. SCP accepted the petition along with other petitions.

On December 1, 2011 the Pakistan Supreme Court placed former ambassador Husain Haqqani on the Exit Control List (ECL) barring him from being able to leave the country, without giving the former ambassador or his lawyer to appear before the court. So due process of law was not followed and Mr Haqqani’s fundamental rights were violated.

Gen Jones in his affidavit to the Pakistan Supreme Court stated that while he did pass on the memo he does not believe Amb Haqqani had anything to do with the memo.

On December 30, Pakistan’s Supreme Court set up a 3-member judicial commission to investigate the issue. According to the SCP judgment a petition seeking an investigation into the affair had “succeeded in establishing that the issues involved are justiciable.” The court also upheld the travel ban on Amb Haqqani. Further, the court has ordered the attorney general of Pakistan, Foreign Ministry and the Pakistani High Commissioner in Canada to approach the parent company of Blackberry, Research In Motion (RIM).

The government maintains that since Pakistan is a parliamentary democracy the correct forum for any such inquiry should be the parliament. The Parliamentary Committee on National Security was already looking into the case and that should be the proper venue not the Supreme Court.

Counter arguments by Amb Haqqani’s lawyer, Asma Jahangir: According to Ambassador Haqqani’s lawyer, leading human rights advocate, Asma Jahangir, the verdict was the “darkest day for the judiciary because the apex court has subjected fundamental rights to national security.”

Terming the court’s judgment ‘disappointing’, she said, “today we feel that the military authority is superior to the civilian authority. Today, the struggle for the transition to democracy has been blocked.” And, “I am forced to think if it is the judiciary of the people or the judiciary of the establishment.” Ms Jahangir also expressed her deep regrets and said she was totally unprepared for this reward of sacrifices rendered by lawyers’ fraternity, as the Court ‘dimmed even a fraction of ray of hope’, while providing the petitioner with relief beyond what they had sought.

Ms Jahangir said the decision was against the rule of law and had compromised a citizen’s right to justice. The verdict reflected undue supremacy of national security and integrity over human rights. “When order came on 1st December, Husain Haqqani was not heard. He did not even have a lawyer,” she said. “Saying that there is a memo and linking it with Husain Haqqani are two different things, it’s more of a media trial that got hyped after Supreme Court’s order”.

DG ISI Shuja Pasha and Gen. Kayani: quick to accept Mansoor Ijaz's claims

Amb Haqqani’s lawyer and others have pointed to the role of Pakistan’s security services, especially its intelligence agency. Both the head of Pakistan’s intelligence service, ISI, Lt. Gen. Ahmad Shuja Pasha and Pakistan’s army chief, Gen. Ashfaq Parvez Kayani, submitted petitions before the Supreme Court insisting they believed the memo was genuine and needs to be investigated. Significantly, according to Mansur Ijaz, Lt Gen Pasha travelled to London in October and ascertained that the memo was genuine. Why was Lt Gen Pasha so eager to travel to London and agree with what Ijaz said? Whose permission did he obtain before doing so? Is he the person who should perform a forensic investigation? Mr Ijaz also alleged in an interview in December that soon after the Bin Laden raid Lt Gen Pasha travelled to the Gulf to muster support for a military coup.

Imminent danger to Mr Husain Haqqani: A media trial has been ongoing since Mansoor Ijaz’s OpEd published in FT in October. The involvement of opposition parties and their leaders in this political-media witchhunt.

The judiciary seems to be ruling on the basis of national security ideology instead of constitution and law.

All those individuals who are speaking out in Pakistan for democracy and human rights are being silenced one by one. Former Prime Minister Benazir Bhutto, former Governor Salman Taseer, former Minister Shahbaz Bhatti were assassinated. Former Amb Haqqani and his lawyer have received serious death threats.

On January 1, 2012, Ms Jahangir announced that she was quitting the case as she did not have faith in the commission been set up by the Supreme Court. According to Ms Jahangir, the Supreme Court’s decision on the petition was a victory for the country’s establishment, and it was being used to transform the country into a ‘security state.’

Ms Jahangir further stated that her client, Mr Haqqani, was under threat from the security agencies. She feared that the security forces-intelligence agencies would try to coerce a statement out of Mr Haqqani. That is why he first stayed at the President’s House and is currently residing at the Prime Minister’s residence.

(ends)

The purpose of the media is an easy one to understand. The dissemination of factual information on issue relevant to the citizenry. This entails (or should entail) a research and effort to uncover the truth, as well as a responsibility to uphold principles of free speech, adequate voice (as absolute voice and impartiality is impossible) and a separation to some extent from the control of politics. Thus the media has always been imagined as a ‘watchdog’ in its role in politics. This is what it was traditionally meant to be, thus its freedom was protected (like during the American Revolution when printing presses came in vogue) and thus its is critiqued today based on how free it is and how free it lets itself be (like Chomskys critique of the role of the media during the War on Terror). But who watches the watchdog?

Recently Deputy Chairman Planning Commission Nadeem Ul Haque was asked by a reporter on him speaking at the National Defence University (NDU) on December 26 against the nuclear program. In fact the reporter had his story wrong. It seems his “facts” were based on what he thought usually goes on at the NDU and he was oblivious to what the expertise of Nadeem Ul Haque was. Haque was actually scheduled to speak on the Planning Commission’s New Growth Framework, but the event had been cancelled due to lack of interest.

Thus Haque raised an important question in this article he wrote after the interaction with that reporter: “Why should such reform not get media space? Whose fault is this?”

He went on to say: “I know they want a headline against the current establishment. Consequently, all governments regardless of creed and origin have avoided serious governance/civil service reform. All have failed to change the paradigm on market competition. No government has attempted to use public service delivery to underpin our governance approach. No government has reviewed our current approach to urban development that produces a sprawl… Our intellectuals’ efforts, evident in the media, display little interest in these crucial issues. Countries seeking development spend a far larger proportion of their public debate on crucial development issues than we do.”

If the media does not pick up on issues that actually require policy reform, it will never signal the politicians and policy makers to reform nor will it create space for a debate on the issues that really matter.

As this Pak Media Watch article puts it: “If reporters are hunting for headlines against the government with utter disregard to whether their stories are factual or in any way useful to the country, they are failing in an important responsibility as journalists.”

This brings us to the second issue. Where have all the honest journalists gone? A narrow focus on specific types of stories is one thing but blatant lies and corruption is another. This story is just one example of the decay of the media profession itself. Najir Nazi in 2009 caught himself in a plot scandal (had it been today it would be sensationalized ridiculously as “plotgate”). A reporter called him and asked about illegal allotment of plots by the federal government and got a dose of expletives, and the established journalist unabashedly told the reporter to even record his words that would put PTA to shame.

Our watchdogs are certainly not above the dirty game the rest of the country is playing, heavily ties into local politics. Why would the media then talk about things like a New Growth Framework or public service delivery, when kicking the opposition in the shin and then using it as a headline is what can bring them closer to a G-8 plot allotment? (Read about it here)

Media to an extent is always funded and influenced by politics. However, in well function democracies, the media thought not unbiased, takes a position and provides information on policy, business, economy and development rather than only infotainment and vapid critiques of individual politicians that has no bearing on the conditions of the masses. A cursory look at Pakistani media takes us so far way from the ideals that this essay started off with that one feels dirty. If only the media felt it too.

On the late night of December 21, 2011 another twist was given to the memo scandal, when the federal government, through the Ministry of Defence, conceded before the Supreme Court that it had no operational control over the armed forces as well as the Inter-Services Intelligence (ISI). Next day, Prime Minister of Pakistan Yousaf Raza [...]

Related posts:

1. CIA Influence in Pak Media
2. U.S. Exit Strategy – Intrigues against Pakistan
3. Hidden hands behind Balochistan & Karachi Issues
4. Pakistan wants Elected Dictatorship or real Leadership?
5. Government Tense on Memogate Scandal: Army Chief Urged Inquiry

Yousaf Raza Gilani

The other day Prime Minister Yousaf Raza Gilani thundered over the conspiracies being hatched against his democratic elected government but a common Pakistani wants to ask Prime Minister why did he stay inaudible over several machinations on his side of camp which have maligned the democracy like never before. All the below mentioned proceedings are compiled upon the media reports and I invite all readers to add if I have missed some.

1. The report of UN Commission on Mohatarma Benazir Bhutto‘s assassination states that government did not conduct investigations in a convincing way. It remained limited to low rank security officials and they did not track down the real conspirators or possibly involved high ranking officials.
   
2. The same report further reveals that Rehman Malik had not ensured proper security measures.
   
3. What took two years to restore the Chief Justice which Mohatarma Benazir Bhutto had promised in her life?
   
4. Number of Multibillion Corruption Scams by the democratic elected ministers in 4 years.
   
5. Federal Minister Makhdoom Amin Faheem found involved in multibillion scam and some amount recovered from his personal account too.
   
6. Media Coordinator to Prime Minister, Khurram Rasul commits 600 Million fraud, escapes and remains untraceable so far.
   
7. Federal Minister Hamid Saeed Kazmi even did not spare Hajis.
   
8. Further he revealed that Shakeel Rao had gifted a 9.9 Million worth car to Prime Minister’s son just to get appointed as Director Hajj Operations.
   
9. Asian Bank declared the rental power projects were not a workable option.
   
10. Faisal Saleh Hayat Federal Minister produced evidence in rental power corruption case.
    
11. Raja Pervez Ashraf Federal Minister kept on lying for 2 years about end of load shedding.
    
12. Gas and Electricity load shedding while having the required production capacity but failure of production and distribution mechanism due to mismanagement.
    
13. Finance Minister and two Governors of State Bank resigned due to reckless conduct of government.
    
14. Internal and external debt reached its highest in the history of country.
    
15. State Bank reported country failed to meet growth forecast by 2.5%.
    
16. PIA suffered a record loss of 9.7 billion.
    
17. Railways reached a record deficit of 6 billion.
18. Pakistan Steel lost 5 billion in last four years.
19. Dollar rose to Rs. 90 from Rs. 60
20. Pensioners died waiting for pension payment and youths committed suicide for not being able to find a job.
21. Raza Rabbani a long time People’s Party loyalist also resigned as Federal Minister on going in to alliance with PMLQ which once was declared Qatil League by Co-Chairperson.
22. Resignation of Information Minister Sherry Rahman over the freedom of Media.
23. The size of Federal Cabinet and its performance.
24. Imposition of Governor Rule in Punjab by a democratic elected Federal Government.
25. Failure of the Sindh Government to maintain law and order in the city of Karachi.
26. Appointment of Adnan Khawaja a matric pass person as Chairman of OGDC.
27. PM promoted 54 officers to grade 22 putting aside the merit. 
28. PM sacked a DG FIA just for exposing the misappropriation and fraudulent conduct of a Federal Minister.
29. Number of U-Turns and withdrawn notifications from Government.
30. The supremacy of Parliament was denied by putting aside its resolutions.
31. Government’s arrogance towards Supreme Court and its decisions.
32. PM promised to send DG ISI for investigation by Indian Authorities after Mumbai attack.
33. How come General James Jones became more reliable to PM than his own COAS and DG ISI?

It would have been great to see Prime Minister showing some concern on all these issues. May Allah show the right path to our ruling élite…