Article 62 and Our Democracy By Yasser Latif Hamdani: New Age Islam's Selection, 07 August 2017
New Age Islam Edit Bureau
07 August 2017
• Article 62 and Our Democracy
By Yasser Latif Hamdani
• In Defence of Ayesha Gulalai
By Tabinda M. Khan
• Patriarchal Justice
By Asfand Yar Warraich
• The Real Niche of Women In Our Politics
By Aminah Suhail Qureshi
• Failure of Democratic Institutions
By Qamar Cheema
• Posthuman Age
By Zarrar Khuhro
• PML-N: The Party Is Not Over!
By Mubashir Akram
• Women and Workplace Harassment
By Quratulain Fatima
• Democratising NCA
By Dr Nadeem Omar Tarar
Compiled By New Age Islam Edit Bureau
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Article 62 and Our Democracy
By Yasser Latif Hamdani
Our neighbouring Islamic Republic of Iran recently re-elected the reformist candidate Hassan Fereydoun Rouhani as its president. Iran is a full constitutional theocracy where the power is split between Iran’s spiritual leadership, represented by Ayotallah Khamenei, the Supreme Leader, and the Revolutionary Guards, and Iran’s temporal leadership in form of the president and the parliament.
The temporal elected leadership is subservient to the spiritual leadership of the country. The qualifications for the president are that he must be a Shia Muslim Iranian who believes in the Islamic Republic and is trustworthy and pious. These attributes are determined by the Council of Guardians comprising six religious clerics and six lawyers, chosen by the Supreme Leader at the time of the candidacy. The best chance for reform therefore is a reformist cleric. Former President Ahmadinejad was not a cleric but he was no reformist either. The Council of Guardians under the guidance of the Supreme Leader stage manages the conflict between reformists and the orthodox by only allowing pliable people aligned with the “basic principles” of the state. This is why Iran is a theocracy — priests with a divine mission call the shots. It is not a democracy as the word is ordinarily understood.
Pakistan is very much a theocracy in presence of clauses like Article 62 of the Constitution. The only difference between Iran and Pakistan is that in the latter the qualification clause has yet to be used in letter and spirit
Our Islamic Republic of Pakistan claims not to be a theocracy. While the office of the President (since 1956) and Prime Minister (since 1973) are reserved for Muslims of any sect, other than those who have declared Non-Muslim by the 2nd Constitutional Amendment, there is no Council of Guardians sitting in judgment over the candidates for either the President or the Prime Minister. Nevertheless, Pakistan’s constitution, as amended by General Zia-ul-Haq’s military dictatorship, prescribes some stringent qualifications for legislators being elected to the National Assembly and the Senate. For those members who are Muslim (but not for Non-Muslims), there are two qualifications in particular that should be considered carefully. Article 62 (1) (d) reads: “He is of good character and is not commonly known as one who violates Islamic injunctions”. Article 62(1)(e) reads: “He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins”. Note ‘he’ here is applicable to both men and women as the male gender in the constitution denotes both men and women.
In the poisoned atmosphere of present day Pakistan, it is impossible to even question these clauses. However consider the case of Mr Jinnah, the founding father of Pakistan, if he were contesting elections today. No one would deny that he was non-profligate, honest and incorruptible, hence ameen under Article 62(1)(f) (under which Nawaz Sharif was sent packing). But would the Quaid-e-Azam fit the remainder of the criteria? If we apply the common perception test which Article 62(1)(d) postulates, Mr Jinnah was called ‘Kafir-e-Azam’ for his westernized lifestyle and alleged dietary habits by religious divines like Ataullah Shah Bokhari, Moulana Mufti Mahmood (Fazlur Rahman’s father) and other leaders of Majlis-e-Ahrar, Jamiat-e-Ulema Hind and Jamat-e-Islami. It was also alleged by priests with a divine mission that Mr Jinnah’s knowledge of Islamic teachings and practices was rudimentary at best. Biographers of the Quaid-e-Azam would tell you that he would most probably be unable to recite the Dua-e-Qanoot or sixth Kalima in Arabic, which sometimes candidates for National Assembly seats are required to do so under Article 62. So we see that a fair application of Article 62 would ultimately disqualify even the founding father of the country. Those familiar with history of parliamentary democracy in the subcontinent know that Mr Jinnah ranked as one of the most effective legislators during his 36-year career as a member of the Indian Central Legislature.
Those of us who have consistently criticised the decision of the Supreme Court to use Article 62(1)(f) to disqualify the former Prime Minister of Pakistan have not done so because we have any love for the PMLN or for leaders who may turn out to be corrupt. One opposes the application of Article 62 on principle because it is a Pandora’s box, which once opened would not be closed. Pakistan has many talented men and women who may or may not be religious. The Constitution of Pakistan promises complete religious freedom under Article 20, which necessarily includes the freedom not to follow a religion or follow it according to one’s own lights. Who are going to determine what the obligatory practices and major sins are if not the religious clergy? Would this mean that anyone who disagrees with a certain interpretation of the faith by the religious clergy becomes a bad Muslim and therefore disqualified under Article 62? The answer is yes. This is the problem with introducing religious clauses in the constitution. The future Jinnah or Sir Syed Ahmad Khan or even Allama Iqbal would never make it to the parliament in the Islamic Republic of Pakistan.
So Pakistan claims that it is not a theocracy but the fact is that in presence of such clauses in the Constitution, it is very much a theocracy. The only difference between Iran and Pakistan is that in Pakistan these qualification clauses have not yet been used in letter and spirit. This will now change in quick time. Their most famous victim is going to be Imran Khan, not on sexual harassment allegations mind you for which he ought to be rightly investigated, but for having a lifestyle that is contrary to the Article 62 (1)(d) and 62 (1)(e). The charges levelled by Right Honourable Ayesha Gulalai did not merely allege that Imran Khan sent her objectionable messages but also that he leads a ‘western lifestyle’ and ‘drinks wine’. Just as Nawaz Sharif became a victim to Article 62 to which he doggedly opposed amendments in 2010, Imran Khan is hoist with his own petard.
Source: dailytimes.com.pk/opinion/07-Aug-17/article-62-and-our-democracy
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In Defence of Ayesha Gulalai
By Tabinda M. Khan
07-Aug-17
I was a local worker and elected representative of Pakistan Tehreek-e-Insaf (PTI) from 2012 to 2015, and can attest to the culture of chauvinism that Naz Baloch and Ayesha Gulalai have spoken about. In 2012, chauvinism in PTI was a bit controlled, but after the party was captured by ‘electables’ in 2013, its internal democratic structures, which protected the interests of grassroots workers, women, and the youth, were progressively weakened and then completely dismantled in 2016. As PTI was de-democratised, Imran Khan and his immediate team became the supreme leaders, unconstrained by party institutions that could regulate or restrain their behaviour.
There has always been zero tolerance for dissent in the party. Javed Hashmi was called senile because he accused Imran Khan of having links with the military during the first sit-in against Nawaz Sharif government in 2013. Justice (Retd) Wajihuddin was called out of touch with political realities when he asked Imran Khan to penalise Jehangir Tareen for rigging the intra-party elections. Tasneem Noorani faded into the background, without a ripple, after he resigned as PTI’s Election Commissioner in 2016. Noorani had insisted that elections for the party leadership be held at all levels, including the national level, but Imran Khan rejected his demand and sided with Tareen’s preference for a top-down structure, in which grassroots workers were dis-empowered.
Naz Baloch was called a turncoat and opportunist, when she left PTI for PPP, and exposed the ‘institutional disarray and chauvinism’ within the party.
Gulalai has committed the ultimate crime of suggesting that perhaps Imran Khan is not the saviour he claims to be, that perhaps he is worse than those he seeks to replace. Unlike other whistle-blowers, her story is receiving greater attention because it has a sexual angle and Pakistani viewers, like those the world over, are titillated by such stories. While other dissenters were called senile, unrealistic, or opportunistic — and promptly faded from the public imagination — Gulalai’s story will be repeated over and over in the media and, therefore, she is a whistle-blower who may leave a greater dent in Imran’s credibility.
Without knowing the facts of Gulalai’s interaction with Imran Khan, we should refrain from issuing judgments. But how are attacks on her character justified? As a former PTI worker, witness to the institutional vacuum in the party and the chauvinistic and elitist attitudes of the national-level (almost entirely male) leadership, I believe the sequence of events she narrates sounds credible and deserves a serious investigation. When most women in Pakistan face unwelcome and repeated sexual advances by male colleagues, what do they do? They initially tend to ignore it but later erect barriers — such as avoiding one-on-one interaction with the man or asking family members to confront him. And finally, if the situation persists, they choose to quit. That is essentially what Gulalai did.
It is difficult to decide who to believe in Pakistan these days and maybe Gulalai was used as a “pawn” by the PML-N, as PTI and her worst critics allege. But PTI’s behavior in the aftermath only confirms its disrespect of women. In the media, PTI spokespeople — men and women — have shamed Gulalai’s sister, a national squash player, for wearing shorts, and have threatened to hold a tribal jirga and demolish her house. KP PTI leaders have accused Gulalai of corruption and the province’s Accountability Bureau is reportedly launching a case against her. Even if we suspend judgment on Gulalai’s allegations till the investigation is done, PTI’s leaders personal attacks on her are condemnable to say the least.
Parliament has formed an inquiry committee but PEMRA and law enforcement agencies should also play their role in protecting Gulalai. The laws against cyber crime should be used to restrain those bullying her and the institutions established under the sexual harassment law should take notice of her case. Human rights activists should use Gulalai’s case as an opportunity to test and strengthen sexual harassment and cyber crime laws so protection of women rights can be ensured.
Source: dailytimes.com.pk/opinion/07-Aug-17/in-defence-of-ayesha-gulalai
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Patriarchal Justice
By Asfand Yar Warraich
August 07, 2017
THE Panchayat or Jirga system is firmly rooted in the socio-political and cultural matrix of the Indian subcontinent. This informal mechanism of adjudication has a history spanning multiple centuries, and today, far from being an ancient and disremembered relic of the past, it continues to run parallel to our state-sanctioned judicial system, delivering its own version of justice, at times with devastating consequences.
Recently, a Panchayat convened in Muzaffarabad, Multan, ordered a man to rape a young girl. It appears that the members of the Panchayat deemed this to be fitting retribution, since the girl’s brother had allegedly raped the man’s sister — a classic tit for tat, so to speak. Regrettably, by the time that either the media or law-enforcement agencies caught wind of the Panchayat’s decision, the deed had been done and the order executed.
This is not the first time that news of such perverse justice has surfaced, nor is it likely to be the last. Panchayats and jirgas have, in recent times, acquired a great degree of notoriety for subjecting women to unchecked exploitation and abuse. With a composition that is almost entirely male-dominated, these ad hoc tribal councils have long been accused of perpetuating outdated and patriarchal notions of equity and fairness.
Panchayats and Jirgas have acquired a great degree of notoriety for subjecting women to unchecked exploitation and abuse.
Women, rather than being involved in the adjudication process, are used as mere bargaining chips, stripped of any agency, with no voice, no representation and no right of appeal. Their bodies are reduced to the front lines of petty battles over family honour, piety and prestige, and in this process, they are defiled, humiliated and exchanged — less human and more commodity.
In the aftermath of the incident and amidst an outpouring of public outrage, the state quickly catapulted into action. The chief minister of Punjab suspended officials at the local police station, expressing displeasure over their ‘extreme negligence’ and ‘criminal delay’, and called for a three-member investigation team to carry out a probe. Similarly, the country’s chief justice took suo motu notice of the case and directed the inspector general of Punjab to produce a report on the matter before the Supreme Court.
However, these temporary and superfluous knee-jerk reactions from the state have, by now, become far too familiar. They are always quick to follow such atrocious events, and they always fall short of addressing the systemic problems that these issues highlight. What is far more important for us to consider, at this critical juncture, is whether these Panchayats and Jirgas should even be allowed to continue to exist, and if so, under what conditions?
There are two options available. The first is to call for an immediate blanket ban on Panchayats and Jirgas, criminalising their convention and penalising anyone that participates in them. This is likely to be the simplest solution, for it requires the least amount of active involvement from the state. However, it is questionable whether this would actually be effective.
As a rule of thumb, top-down projects of social engineering rarely work in practice, especially if they are met with opposition from below. It is highly likely that such a ban would lead to antagonism from rural quarters, where it would be quickly coloured as an assault on customary and tribal values, and that even despite the presence of a ban, these councils would continue to be convened, albeit now behind closed doors.
Furthermore, it is also important to consider that informal justice is not necessarily an anathema to the rule of law. Not all cases belong in courtrooms, and at times, it is much more expedient for parties to settle their disputes amongst themselves. This stands all the more true for Pakistan, where litigation is not only expensive but also considerably time-consuming and cumbersome, what with our judicial system being infamously mired in corruption and nepotism and already being overburdened with a heavy backlog of undecided cases.
The second option is to bring informal judicial processes within the folds of the law, thereby ensuring their regulation and delimiting their legal mandate. Panchayats and jirgas ought to be treated as any other alternative dispute mechanism. Any party involved in a conflict may opt to seek redressal through this mechanism, but only where every party expressly consents to this in writing. During the process itself, state-appointed officials ought to be present, not only to record the content of the proceedings but also to ensure that each party is permitted to have its say. In addition, if a resolution is forthcoming, it ought to be recorded as consent decree, which, must ultimately be sanctioned by a court of law in order to be legally binding.
Moreover, it is also pertinent that the mandate of Panchayats and Jirgas be solely confined to civil disputes. Criminal conflicts, by their very nature, are inherently unsuitable to informal mechanisms of adjudication. After all, a criminal offence does not simply involve the individual victim and perpetrator, but also has immense repercussions for the public at large. Furthermore, even a cursory look at the history of Panchayats and Jirgas indicates that it is precisely with disputes of a criminal nature that the gravest forms of injustices occur.
Whatever the eventual form of their regulation, one thing is certain — for far too long have such assemblies of men been allowed to clothe misogyny as justice, to dispense sexism as equity and to legitimise violence as collective wisdom. The state must act, and it must do so before another victim is forced to surface.
Source: dawn.com/news/1350085/patriarchal-justice
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The Real Niche of Women in Our Politics
By Aminah Suhail Qureshi
August 7, 2017
It is not for the first time that a female politician parted ways with a political party on charges of patriarchy and misogyny. And it is not for the first time that a political party in Pakistan has been accused of exhibiting male-chauvinist approach. Pakistan’s history is rich in such incidents.
Today, we might be fighting for democracy and celebrating or lamenting the ouster of an elected premier. Yet we have not progressed an inch in the realm of civility. Ayesha Gulalai stepped in the race with virulent allegations against the chief of the Pakistan Tehreek-e-Insaf, Imran Khan, on August 1st. On the one hand, she expounded how the given political party does not respect women workers, and on the other, she established how a ‘respectable’ woman worker could never be its member. Tagging her former fellows for being disreputable was, in actuality, as big a deal as Shireen Mazari’s rejoinder by inculpating Gulalai of being greedy for a party ticket. In the midst of blaming and defending a man, the dignity of woman is what got worsted that day.
And so was when Naz Baloch was rebuked for talking about how male chauvinism is dominating and women do not have a significant representation when it comes to making decisions and deciding policy matters. She was bound to comment on the fate of the remaining female party workers on hearing what Khan had to say about her after her departure. “It is good that she left, she was useless,” said Khan. “If this is what they thought about workers like us, who have worked tirelessly for them, if they can use such words for Naz Baloch today, I pity the women who are in PTI,” replied Baloch. Both won in validating their points, but dignity of women is what they lost in the name of politics.
Womanhood was also shamed when PTI’s Firdous Ashiq Awan found it thoughtful to disgrace PML-N’s Khawaja Asif by bringing up Kashmala Tariq’s name. And we saw her being pushed by her male colleague outside the Supreme Court after the Panama case verdict was announced when PTI leaders were fuelling up to face the media. Similar videos circulated on social media a few years ago when a prominent leader of the PPP was seen brushing his fellow woman leader’s breasts during a protest march.
Call it karma but this is exactly what happens when a woman is accustomed to dragging another woman to win a war originally waged against a man. Jumping into a marsh dirties oneself too. The splashes that spatter about include such fallouts as being called a “tractor-trolley” and “dumper”. All of this has happened in Pakistan and been preserved in history forever.
Just as what was done with Benazir Bhutto and Fatima Jinnah. It is sort of a legacy that our politicians and parliamentarians have inherited from the leaders of the past. Have we forgotten the moment when the renowned resident of Lal Haveli, Sheikh Rasheed, who is now a staunch advocate of ‘change’, bantered with Ms Bhutto for wearing a green shirt and white Shalwar by remarking, “You look like a veritable parrot”? And yet another one when she was wisecracked by the same parliamentarian on wearing a yellow suit?
“They call her the Mother of the Nation, she should then at least behave like a mother,” are the words of the second president of Pakistan, Ayub Khan, who accused Jinnah of being pro-Indian and pro-American for the sake of winning 1965 elections. Her only crime was to challenge the self-proclaimed presidency of the dictator who was utilising state machinery and facilities even during the elections.
So, the list of the number of times our women get insulted and mocked by men and other women only seems to elongate in the forthcoming future, for the legislators themselves seem very much unwilling to change their ways. The real change would be, perhaps, to evolve our misogynistic mindset and that, too, indelibly. For now, the real niche of women in our politics is the one of which we have seen only a trailer in the past few days — horse-trading in the name of muliebrity.
Source: tribune.com.pk/story/1475565/real-niche-women-politics/
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Failure of Democratic Institutions
By Qamar Cheema
07-Aug-17
Countries only move forward with strong institutional architecture which provide justice and fair play to common man as per the social contract which state and its masses have. Since Pakistan got independence, there have been weak, dysfunctional and struggling institutions. If we didn’t have an institutional crisis in Pakistan, Nawaz Sharif might have gone home in a different way. The court has given a troubling narrow legal reason for Sharif’s disqualification, which can result in the former PM getting space to come back with force in political arena. But since the NAB references are being filed and a Supreme Court judge will oversee the whole process, it seems the Sharif family will have to fight more serious legal battles before they can prove their innocence.
All democratic institutions failed miserably, and that is why Supreme Court had to intervene in Panama Leaks case. First institutional failure is that of parliamentary party of Pakistan Muslim League Nawaz (PML-N), which failed to realise the severity and seriousness of the issue. Because of a lack of intra-party democracy and personality cult, no one within the ruling party could dare question Nawaz Sharif. So the essential element of accountability at home was largely missing, which generated criticism from everyone including media. One of the reasons why democracy is not liked by certain quarters is because of elected representatives who are always trying hard to please their party leadership without caring about the national interest. That is why most of the members of parliament do not speak on national issues in parliament. At the same time, voters do not force and pressurise their leaders to speak for them. Parliament’s job is not development work but legislation so that majority of people can enjoy their due rights. But the voters need to be educated and taught that demanding the necessary legislation in the country is more important than demanding development projects.
The Parliament must come up with ways to empower the NAB and ensure its independence, so the general belief that the bureau works hand in glove with the government changes
Secondly, this is a failure of parliament and political parties as a whole because parliament could not hold its own leader of house accountable and did not devise a mechanism for that either. Moreover, the failure of political parties to agree on terms of references (TORs) about panama case showed how immature the leaders are. Another issue during the Panama Leaks case was disrespect to democratic norms and institutions, and it cannot be ignored either. Parliament must know that democracy cannot move ahead unless magnanimity is shown and democratic behaviour is deeply ingrained in attitudes as well. Un-elected institutions make mockery of democracy and find a way to undermine democratic decision and voices when they find compromised democratic behaviour.
The ‘institutional failure’ is also that of institutions of accountability like National Accountability Bureau (NAB) and Public Accounts Committee. The Panama Leaks issue was all over the news ever since it came to the fore but not once did the public accounts committee feel the need to discuss it. This means that the political leadership is to be blamed for being silent and practicing criminal negligence. NAB was rebuked by the SC many times, but the chairman never accepted before the apex court that his institution is working on corruption charges levelled against the then PM and his family. But he made this confession in front of the JIT.
Meanwhile, the process of accountability has now begun in the army too. Recently, Chief of Army Staff General Bajwa has fired a few officers for alleged corruption. The army which is actively engaged in a war against terrorism, when finds out that the country’s political leadership is facing corruption charges and the PM has been sent home for the same, it jolts their confidence. The parliament must come up with ways to empower the NAB and ensure its independence, so the general belief that the bureau works hand in glove with the government changes.
Nothing wrong with criticising the apex court’s decision, but before that one must realise that it’s the institutional failure that has brought us where we are today. Democratic set up cannot move unless it is backed by strong institutions. At the same time, political leadership must know that simply by holding elections and getting votes, they cannot claim that the democratic set up is successful. They will have to ensure their behaviours are democratic.
Source: dailytimes.com.pk/opinion/07-Aug-17/failure-of-democratic-institutions
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Posthuman Age
By Zarrar Khuhro
August 07, 2017
WHAT if you could edit your genetic code as easily as you can edit a sentence you write on Microsoft Word … would you do it? And if so, how far would you go? In the near future, that will not be a hypothetical question as the first major step towards successful gene editing has already taken place.
Scientists in the US have now revealed that they have for the first time edited out a dangerous genetic mutation that causes heart disease from a human embryo using a revolutionary gene-editing technique called CRISPR. Last year, China became the first country to use this technique to attempt to cure lung cancer in a human; previously CRISPR has been used to develop TB-resistant cows.
Due to US regulations, which strictly bar allowing edited embryos to develop into babies, none of the embryos were allowed to develop for more than a few days. However, the test has paved the way for a future in which we may not only see genetic disease eliminated, but also the ethically questionable creation of ‘designer babies’ and, eventually, super humans.
Wonders and terrors are promised in equal measure.
Welcome to the ‘posthuman age’ that promises wonders and terrors in equal measure. Take cyborgs. It now seems inevitable that some kind of integration of man and machine will increasingly be the norm; in many ways it’s already happening. Pacemakers have been used for decades, as have cochlear implants.
Britain’s National Health Service has also okayed the implantations of the Argus II bionic eye which can restore sight in some cases of blindness, and more recently people with severe spinal injuries resulting in paralysis have been able to regain the partial use of their limbs thanks to computer chips implanted in their brains.
In another experiment, a man paralysed from the waist down was able to control a robotic arm thanks to electrodes implanted in the brain, and actually feel what the robotic arms was grasping. Taken further, brain implants aimed at repairing or enhancing memory can also help patients suffering from Alzheimer’s — and work in this field is advancing at a rapid clip.
There are more mundane applications as well, of course, and identification chips are already in use: Verichip is one example, and is being implanted into Alzheimer’s patients and contains information about their identity and medical condition, meant to be accessed by doctors or in case the patient gets lost.
Naturally, corporations are getting into the game as well, and one company in Wisconsin has implanted ‘rice-sized microchips’ in its employees’ hands which perform the functions of office entry cards and computer logins. Employees can also receive payments via the chip. While this would certainly ease many routine office activities, the question does arise as to how much data the company may potentially be able to extract and how secure those chips would be to outside interference.
However, once Elon Musk’s Neuralink project is complete, such chips will seem mundane: Musk intends to inject a mesh into our brains allowing humans to directly interact with, and even control, machines and eventually even communicate mind to mind. If that’s not enough, note that steps are also being taken to create a human ‘hive mind’ by linking the brains of individuals to create a ‘superbrain’ with enhanced cognitive abilities.
Scientists have already successfully linked the brains of three monkeys, and in a separate experiment, joined the brains of four rats, allowing them to solve a problem that individual rats struggled to complete. Human trials are only then a matter of time, and will eventually define the meaning of ‘brain trust’.
Meanwhile, one field worth keeping a close eye on is nanotechnology — the engineering of materials and devices on a molecular scale. Technologists anticipate a future in which swarms of tiny robots will be injected into human beings, working to fight diseases like cancer, actively repairing cells and clearing clogged arteries and even enhancing human abilities by providing us with enhanced life spans, vision and strength, even allowing us to survive in otherwise inhospitable environments.
Just last month, another major threshold was crossed as scientists came a step closer to being able to grow replacement organs for humans by using stem cells implanted in host animals, and now there is research being conducted on enabling humans to re-grow limbs and organs in the way that some reptiles are capable of doing.
Ultimately, how much of this research makes it to the public at large depends less on scientific advancement as it does on ethically driven regulations and laws, which will likely fall by the wayside as nations race to achieve leadership in the biomedical field. What is certain now is that we are entering an era where we will be able to, at least partially, dictate the course of our own evolution.
Source: dawn.com/news/1350081/posthuman-age
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PML-N: The Party Is Not Over!
By Mubashir Akram
07-Aug-17
I am a dejected and disassociated Pakistani citizen and voter these days, and I have my valid reasons to be that. I first voted in 1993, and then have voted in every subsequent election that took place. My voting patterns have been all over, and I voted for three parties in five elections. My last vote in 2013 was for Pakistan Tehreek-e-Insaf, and I started regretting it soon after I found that the party did not have a progressive middle class narrative, but a skewed and conservative one that, I feared, would increase social disorientation and promote intellectual confusion. Throw both these together, and you’d get an old political dish called ‘obscurantism,’ that has benefit no nation in the entirety of history.
Not that my vote is cursed, but none among the Prime Ministers completed his or her term since 1993. In five elections that I voted for, I have seen 13 Prime Ministers, including four caretakers. Political continuity solidifies democracy, and democracy helps creating an environment of competitiveness in which society opens up, people prosper, and economy grows. Among the latest miracles of political and democratic continuity are South Korea and India. Put a hand on your heart and ask yourselves a question about the global standing and image that both these nations have to that of Pakistan. We know the answer. Whatever the situation is right now, this can be changed but there cannot be quick fixes. Sorry.
You are though free to quote the Chinese model of governance, but that is an exception, and exceptions do not make rules. Also trust me that a country with 97 percent Muslim population would never agree to on a one-child policy, to say the least. Other examples form Chinese model of political governance could be appreciated or criticized for knowledge sake, but drawing inspirations for a China-like governance system is like comparing apples with oranges. Also that when was the last time you heard that political process was discontinued in China? Whatever their model, there has always been a political continuity that strengthened the foundations of the nation that consequentially built a power that China is today.
Exactly at a time in my life when I thought the political system was getting stronger, there was another ouster of an elected Prime Minister via a judgement that instead of ‘20 years,’ would probably always be ‘remembered!’ Without the continuity of a process, you cannot even make a good cup of tea; making a nation with frequent disruptions could only be a joke. I eagerly await that time when Pakistanis, particularly the urban youth would start seeing the joke that hopes, aspirations and dreams of this nation have been made into.
The PML-N has an unprecedented opportunity to transform itself from a political group built around the Sharifs since 1993 into an organised and systematic politcial party that has a future
Even if much but not all is lost. Human beings have a way to resurrecting their hopes, and rebuilding from the debris. This ouster of an elected Prime Minister provides particularly the PML-N with an outstanding opportunity to make itself from a political group that is built around the Sharifs since 1993, into an organized and systematic political party that has a future. Given the history of all Muslim Leagues in the past, many would have estimated that the PML-N would meet the same fate. But the party has taken the strongest blow in the recent past and PML-N is within its complete political and constitutional rights to continue ‘partying!’
Other than Jamat-e-Islami and National Party, all Pakistani political groups that do not have systems to prepare, and develop leadership from the grassroots. Politics of nearly all political leaders and workers depend on the level of favouritism from the local, provincial and federal leaders. Not only this internal weakness creates personal rifts, but also prevents the parties from becoming formal and policy thinking heads. This results in having public representatives that are not serious on the critical policy issues confronting the nation. This capacity gap has persisted for nearly seven decades, and provides opportunities to civil and military bureaucracies to act as perpetual power centres. This is primitive and does not correspond to the modern needs of the Pakistani State, and this must change of Pakistan and its society are to emerge as a politically democratic economy.
Ironically, PML-N is the party that is best-placed to take the lead and initiate a serious internal reformation process that could actually become an example to other political groups pretending as parties.
Despite the setback, the party for PML-N is not over. It could rather start ‘partying’ now, and do better in future over the long term.
Source: dailytimes.com.pk/opinion/07-Aug-17/pml-n-the-party-is-not-over
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Women And Workplace Harassment
By Quratulain Fatima
07-Aug-17 Imagine this. An official government Whatsapp group sees a supposedly respectable senior male officer pass a lewd comment. This was appreciated by a rather young and modern male contemporary. And in this virtual space sat many women. As if this were not enough, insult was added to injury when it transpired that the former was none other than the chief of the inquiry committee constituted under the famous Protection Against Harassment of Women at the Workplace Act 2010. Maybe this gentleman should be reminded of the fact that within a formal organisation any incident of harassment represents a major abuse of power. And though misplaced perceptions would tell us otherwise — harassment is never about morality. It is about demonstrating in whose hands power lies and how easily this can be abused.
Women refusing to give into sexual demands of male colleagues in positions of power find themselves routinely sidelined when it comes to promotions or bonuses... As for those who manage to break the glass ceiling — disgruntled male colleagues often accuse them of sleeping their way to the top.
Women in the workplace endure all kinds of ordeals, both emotional and physical, as they go about their daily business. More and more women from the middle-class and upper middle-class have started joining the urban workforce here in Pakistan. All of which as begun to challenge the longstanding cultural norms of Chaadar and Chaar-dewari, meaning that the place for virtuous women is in the home. Which brings to mind a quote from Urdu literature that is, sadly, still relevant today: “given how our patriarchal understanding dictates that only prostitutes are to be found outside the safe space of the home — we thus cannot understand any other kind of suitable work for women outside these confines.”
Workplace harassment comes in many forms. This may range from verbal abuse, subtle sexual advances, after work invitations as well as explicit attempts to extract sexual favours from women. Moreover, it is a myth that women in positions of power in so-called elitists sectors escape such untoward attention. If this were the case, the following would not have happened. In a much respected military organisation that was the first to induct women into service — an overwhelming amount of harassment cases were reported during the initial years. The number was said to have gone down when intra-organisational marriages began to take place, once more lending credence to cultural notions of respect for women being intertwined with supplementary identities of wife, mother, sister or daughter.
It has been seven years since the aforementioned Act was promulgated. Section 2(h) defines harassment as: “any unwelcome sexual advance, request for sexual favours or other verbal or written communication or physical conduct of a sexual nature, or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply with such a request or is made a condition for employment”. Whereas section-III provides that an inquiry committee shall look into matter and has the authority to impose penalties ranging from censure to removal from service.
At the time, this legislation was welcomed as a giant leap forward towards countering the rampant harassment of women in the workplace. And in fact, it represents a comprehensive document. Committee members are required to regularly monitor working environments and act on a priority basis upon all incidents of harassment brought to their notice. The Act also establishes powers to lodge complaints with an ombudsman at both the provincial and federal level. It is, additionally, mandatory for the Act to be displayed at prominent places throughout.
Yet here on the ground not much has changed, not in real terms. Consider this. The head of a particular government agency was removed following an inquiry into allegations of harassment filed by a woman employee. Yet the response of the majority of the men was that the complaint was nothing more than the sham actions of a typical feminist-minded (read evil-minded) woman intent upon seeking recourse in the law with the sole purpose of blackmailing men to advance her interests.
International and development organisations have traditionally been considered safer environments for women. Yet inevitably the reality has proved rather different. Women refusing to give into the sexual demands of men in power find themselves routinely sidelined when it comes to promotions or bonuses. This is to say nothing of the humiliation itself. As for those women who manage to break the glass ceiling — disgruntled male colleagues often accuse them of sleeping their way to the top.
Although The Protection Against Harassment of Women at the Workplace Act has provided a mechanism through which women can report harassment — the ratio of formal complaints still remains very low. The reasons are profoundly simple: our societal and cultural norms place a high value on the honour of women and therefore demand silence from women whose honour is violated. This is because society prefers to hold a woman responsible for any sort of provocation received. Old adages such as, she must have been asking for it; she was leading the man on; look at what she was wearing — suddenly become common currency. Meaning that she would do herself a favour if she just kept quiet. Again. Why risk being fired or losing out on promotions?
Sadly, the patriarchy cannot be smashed by legislation alone. But it is a good place to start to affect much needed social change. What is required is a concrete commitment on the part of organisations, government or otherwise, to ensure implementation of comprehensive frameworks geared towards securing workplaces as safe spaces for women. Crucial to this is the taking seriously all complaints of harassment, however subtle they may be, and taking punitive measures where appropriate.
The onus is on organisations to create an enabling environment that is also self-corrective in nature. One in which is sufficiently empowering to itself detect harassment while simultaneously preventing aggressors from further climbing the career ladder. It cannot be so hard.
Source: dailytimes.com.pk/opinion/07-Aug-17/women-and-workplace-harassment
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Democratising NCA
By Dr Nadeem Omar Tarar
07-Aug-17
National College of Arts (NCA) is one of the oldest institutions in Pakistan, which is credited with quality education in the fields of arts, design and architecture as well as acknowledged for leading the creative production of modern arts in the country. Some of Pakistan’s top most architects, designers, artists, film makers and performing artists attribute their worldly success to their education at the NCA. For many, the word NCA has become synonymous with creativity, innovation and freedom.
Despite its federal status, NCA remained grounded in Punjab with its two campuses in Lahore and Rawalpindi. With the devolution of the legislative subjects of education as well as culture to the provinces in 2010, NCA as an educational and cultural institution was likely to be devolved to the Punjab province, on both accounts. However, the devolution of NCA was averted largely due its elevated status in public imagination as a symbol of federation. NCA was retained with the federation and placed under the Cabinet Division, with Prime Minister of Pakistan, as the controlling authority.
From its inception in 1875 as the Mayo School of Arts in Lahore, till 1972, NCA was part of the education department of the Punjab government. The NCA’s journey with federation started with the government of Pakistan’s People’s Party (PPP) in the 70s. President Zulfikar Ali Bhutto understood the role of the institutions of art and culture in the emergence of a strong federation. With the passing of Constitution of Pakistan in 1973, the administrative control of NCA was transferred from the department of education, Punjab to the Federal Ministry of Education. A legal framework for establishing a federal democratic ethos of the NCA as the Centre of Excellence was cultivated by reserving seats for eligible students from all provinces of the country as well as ensuring employment of arts teachers from all the federating units and Azad Jammu Kashmir and the Federally Administered Tribal Areas (FATA).
A multi-cultural ethos was nurtured through a representative body of the Board of Governors (BoG), with equal representations from all stake holders, including students, teachers, academia and civil society. The opportunities for equal participation in the governance of the college generated a sense of collective ownership and creative independence, among the NCA teachers, students and alumni, turning the institution into an island of intellectual freedom. It was the democratic ethos of governance, which made it possible for NCA to resist the anti-art policies of the draconian regimes of General Zia. Among other things, NCA continued to teach painting and sculpture, when it had been nearly abandoned, by all other institutions, out of fear of backlash from the government.
In the lure of autonomy for the college and upgradation of its diploma certificate into a degree, NCA was yoked under the bureaucratic regime through a revised piece of legislation in the form of NCA Ordinance passed in 1985 by then President Ziaul Haq
The free spirit of the community of artists and intellectuals of NCA had to be tamed by the Zia regime. In the lure of autonomy of the college and up-gradation of diploma certificate into a degree, hitherto given by the college, NCA was yoked under the bureaucratic regime, through a revised piece of legislation in the form of NCA Ordinance, passed by President Ziaul Haq in 1985. To curb the democratic ethos of NCA, the constitution of the BoG was revised to exclude representations of academia, civil society, as well as students, and teachers of the college. The democratic bodies of the college such as Student Guild and Teaching Staff Association were banned. In the new arrangement, the numbers of ex-officio members on the board were increased and the numbers of nominated members on the board were restricted to a class of relevant professionals, with the exception of a women representative. Moreover, the ex-officio members would continue to be on the Board by virtue of their office, the nominated members would have tenure of two years. Most of the ex-officio members belong to the federal bureaucracy, and also include representatives of judiciary, universities and industry.
The institutional implications of the NCA Ordinance of 1985 for the governance of NCA have never been mapped nor has its impact on the quality of art education been gauged by art historians and scholars. However, the loosening of internal checks and balance by the representatives of students and teachers and gradual tightening of control by the federal bureaucracy has led to erosion of democratic ethos of the NCA.
Earlier this year, National Assembly’s Standing Committee on the Cabinet affairs, led by MNA Rana Mohammad Qasim Noon and Asad Umer, made recommendation for the expansion of NCA into the provinces, by opening up campuses in Peshawar, Quetta, Karachi and Islamabad. If this move by the federal legislatures to make NCA a truly federal institution, can survive the storm in the parliament, then the revision of the presidential ordinance with a democratic piece of legislation may be the first step towards democratising NCA. It is time for the legislature to remove the shackles of dictatorships imposed by a dictatorial regime over NCA. This is the only way to reinvigorate the losing spirits of creativity, innovation and freedom that gave NCA’s its charisma.
Source: dailytimes.com.pk/opinion/07-Aug-17/democratising-nca
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URL: https://www.newageislam.com/pakistan-press/article-62-our-democracy-yasser/d/112109