Pakistan Press On Respect For All Religions, Afghans And Taliban And Myanmar’s Minority: New Age Islam's Selection, 30 October 2020
By New Age Islam Edit
Desk
30 October
2020
• Respect For All Religions
By Dr Ramesh Kumar Vankwani
• Afghan People, Afghan Govt And The Taliban —
A Necessary Distinction
By Inam Ul Haque
• Opposition’s Huge Rallies
By Rustam Shah Mohmand
• Myanmar’s Minority
By Nehginpao Kipgen
• Afghanistan: Spinning Green And Red
By Najeha Rashid
• Pakistan’s Strategy To Address FATF Mandates
Was Inadequate
By Abdul Rauf Shakoori
-----
Respect For All Religions
By Dr Ramesh Kumar
Vankwani
October 30,
2020
The recent
unwanted incident that happened in France has once again proved that there are
a few people in every society who are more interested in spreading chaos in the
name of religion.
In fact,
such elements are not only responsible for creating anarchic situations in
their own society but also provide excuses to extremists on the other side for
reacting in violent and aggressive ways.
Similarly,
some ignorant people consider targeting other religions as a way to prove
supremacy of their religion. Internationally, the 9/11 tragedy resulted in
creating misunderstandings and conflicts among different faiths. However, we
must understand that the hijackers were trying to achieve their political
agenda which has nothing to do with any religion. The tragic incident was widely
condemned by every faith leader.
Therefore,
it is entirely unfair to link any specific religion to terrorism due to
individual acts of some extremist elements. Unfortunately, this unjust practice
could be witnessed in almost every part of the world, where extremist elements
belonging to the majority population are targeting vulnerable minorities and
other faiths.
For
example, the fascist policies of the current Indian government led by the BJP
are a big question mark over India's claim of secularism. Similarly, some
followers of peace-loving Buddha are involved in the massacre of Rohingya
Muslims in Myanmar. Iraq and few other countries are in hot waters due to
sectarian riots against minorities. In New Zealand, a mosque was attacked by an
extremist. Even in our country Pakistan, some extremists believe that it is
their religious duty to attack the sacred places of worship belonging to the
peace-loving Hindu community. Recent attacks on Hindu temples in Nagarparkar
and Badin are part of this ongoing intolerance and prejudice in our society.
Sometime
ago, when Bilawal Bhutto Zardari attended the Diwali function arranged by the
local Hindu community, his photos were linked to Hindu religious figures and
went viral on social media. Similarly, when former prime minister Nawaz Sharif
expressed his wish to celebrate Holi, he was widely criticized by some
religious circles. On the issue of establishing a Hindu temple in Islamabad,
photoshopped photos of PM Imran Khan with Shankar Bhagwan went viral on social
media. It is quite unfortunate that no political leader has ever ever made such
irresponsible political workers accountable for their irresponsible and
indecent actions.
If a Muslim
tries to celebrate Diwali or congratulate someone on Christmas then he/she must
be ready to face a hateful propaganda. We must understand that such positive
gestures in fact help understand the religious beliefs of others and
demonstrates commitment to promote interfaith harmony in the best interest of
society.
Whenever
religion was used for political purposes, it resulted in the deterioration of
society and brought a bad name for humanity at a larger scale. A leader of a
nation has a great responsibility to control extremist elements and curb social
evils. In our modern history, New Zealand Prime Minister Jacinda Ardern has
shown her leadership skills in a very brilliant way. In response to the attack
on a mosque, she came forward immediately to play a positive role and ensured
her people that all faiths are equally respected in the eyes of the state. It
is the prime responsibility of a government to provide protection for all
citizens, regardless of their religious affiliations.
No doubt,
the Covid-19 pandemic is presently the most serious challenge to the world but
on the other side, it has brought believers of all religions closer. Today,
everyone must focus to strengthen cooperation for the survival of human lives.
Today, the
holy day of Eid Milad-un-Nabi, also demands us to implement the peaceful
teachings of the last Prophet (pbuh) which are based on tolerance, patience and
brotherhood in our practical lives. We should join hands with all the
peace-loving communities for ensuring respect to every religion. Under the
guise of freedom of expression, the blasphemous acts in Western world must be
condemned by all faith leaders.
-----
Dr Ramesh Kumar Vankwani is a member of the
National Assembly and patro-in-chief of the Pakistan Hindu Council.
https://www.thenews.com.pk/print/736606-respect-for-all-religions
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Afghan People, Afghan Govt And The Taliban — A
Necessary Distinction
By Inam Ul Haque
October 28,
2020
It is
fashionable these days to lump every shortcoming that Pakistan faces at the
doorstep of Afghanistan. Be it the inflation, the rising crime, the ever
present terrorism, the congestion in our urban places like Peshawar, the
proliferation of drugs or the ubiquity of Kalashnikov… Afghanistan and Afghan
refugees are to blame. Most analysts willfully attribute any and every wrong to
across the Durand Line. While some of these insinuations have sound grounding,
most are utter falsehoods and escape from hard truths. Such discourse mostly
considers the problem in a monolithic binary, where the Afghan people, the
Afghan government and the Taliban are lumped together.
Unfortunately
some serious analysts also fall prey to this dispensation, charting a neutral
course difficult. This column is an effort to underscore the necessary
distinction between the Afghan people, the Afghan government and the Taliban.
First, the
people. Ever since the last half of the 1970s, Afghanistan is in turmoil. Every
single Afghan as of now has been a refugee either in Pakistan, Iran, India or
elsewhere. In 2016, Afghanistan had 1.4 million refugees inside its borders
with nearly one million internally-displaced refugees. About 2.6 million
Afghans were refugees in more than 70 countries, with Pakistan having 1.5
million people and Iran nearly a million. Consecutive inducements by the UN
High Commissioner for Refugees (UNHCR) fail to encourage reverse migration from
Pakistan or elsewhere as the Afghan economy cannot sustain present levels of
population.
Flushed
with aid dollars in theory, the common Afghan is as poor as he was before the
Soviet invasion in 1979. The corrupt mafias have stashed most aid money in
Dubai and other havens.
As per the
Asian Development Bank (ADB) and other sources, in 2016, 54.16% Afghans lived
below the national poverty line (70 afghani per day). In 2017, only 14.9% adult
Afghans (over 15 years) had a bank/ financial institution’s account. In 2019,
40.1% ‘employed Afghans’ were making just $1.9 per day. Job creation cannot
keep pace with population growth, resulting in unemployment which was as high
as 11.1% in 2019.
In 2016,
29.8% Afghans died from cardiovascular disease, cancer, diabetes and chronic
respiratory diseases. In 2018, 62 out of 1,000 Afghan babies died before their
fifth birthday. The same year, 189 Afghans died of a resurgent TB. As late as
2019, 29.8% Afghans were undernourished.
A survey
conducted a decade after the United States invasion in 2001, found that food
insecurity had risen from 30.1% to 44.6% in five years. This forced many people
to sell their land, take kids out of school to work or depend on food aid.
Almost half of the school-age kids don’t go to school.
By the end
of September 2020, around 40,000 people across all 34 Afghan provinces had
Covid-19. Over 32,600 people had recovered with around 1,500 reported deaths
including some 76 healthcare workers. Around 10% of the total confirmed
Covid-19 cases comprise healthcare workers. Out of a population of 37.6
million, just over 100,000 have been tested.
The above
statistical picture does not reflect the direct effects of the conflict. Just
past week, fresh fighting around Lashkargah city in Helmand Province has
displaced an estimated 35,000 people or around 5,000 households. About 157,000
Afghans have been killed since 2001 including more than 43,000 civilians.
Around 50,000 Taliban fighters are estimated to have died fighting, during
2001-2011. The total fatalities from the Soviet and American wars in
Afghanistan top over a million dead, and may never be accurately known.
So the
people of Afghanistan have paid an enormous price for no apparent fault in the
Great Game 2.0 and 3.0 where they were just pawns. The psychological and
opportunity costs of the conflict, paid by the innocent men, women and children
of all Afghan ethnicities, in the refugee camps across the region may never be
known. A childhood lost, a youth squandered, a future obliterated and a family
displaced… it is hard to put a number to it.
Two
generations grew up knowing nothing but sustained violence. We could be them.
It was heart-wrenching to see so many Afghans — seeking a Pakistani visa —
dying in a stampede last week, in Jalalabad football stadium, close to
Pakistan’s consulate under the security arrangements of the Afghan government.
Due to large influx, visa seekers are marshalled in the stadium and issued
tokens by another Afghan agency to process their cases. All these visas seekers
have some humanitarian connection with Pakistan. Pakistan cannot be indifferent
and would continue supporting the hapless, helpless, poor but proud Afghans.
Second, the
Afghan government. It is fully responsible for the continued violence in
Afghanistan and parts of Pakistan and cannot blame Pakistan for its troubles.
What 50 countries under the US couldn’t do for two decades, Pakistan alone
cannot do. The veneer of power struggle that Ashraf Ghani and his pro-India
cabal wages is too thin. Even US is troubled by such ‘spoilers’ to the Afghan
peace.
The Afghan
intelligence agency KHAD — in cahoots with RAW — leaves no stone unturned to
sow instability across Pakistan; undeterred by the kindness that Pakistan
continues to show towards Afghan refugees, in globally one of the longest
hosting. And such machinations by elements of the Afghan government deserves
our scorn and boot. And boot they gets that from time to time.
Third, the
Taliban. They are unquestionably the rightful owners of Afghanistan, having
fought wars for liberation, first against the Soviet invasion and since the
last two decades, against the US/ NATO. Let there be no doubt that Afghanistan
belongs to them, in whatever power-sharing arrangements they agree to. Forces
arrayed against them, manoeuvering to surrender the victory they won on the
battlefield, over the negotiating table, would be disappointed.
If any
force can keep the Afghans and Afghanistan together against an emerging ISIS
threat and govern the country, it is the Taliban. The others — and that
includes almost the entire developed world — tried for 20 long years and they
failed. These rock-solid ground realities cannot be changed by wishful thinking
of Western analysts and their local interlocutors.
Something
more is on the horizon and President Macron of France just fired the first
salvo. It is not an accident of history. It speaks of an ingrained mindset
against Muslims and Islam. In this accident, the Afghan people and the Taliban
stay together staring at the Westernized Afghan government, on borrowed life.
https://tribune.com.pk/story/2270274/afghan-people-afghan-govt-and-the-taliban-a-necessary-distinction
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Opposition’s Huge Rallies
By Rustam Shah Mohmand
October 28,
2020
The
campaign to unseat the government is finally underway. Whether it is
sustainable or would lose steam as controversies take hold remains to be seen.
But there’s one unmistakable takeaway from the Gujranwala and Karachi public
meetings. There is a yearning for change as for over two years, people’s
endurance has reached its limit.
The rising
cost of living, escalating prices of commodities including petrol, transport,
medicines and electricity as well as the closure of factories and businesses
have cast a gloom over the country. Never before in the nation’s history has
such insurmountable economic hardship been faced by not only the rank and file
but upper middle class citizens too. This aggravating socio-economic landscape
becomes more ominous as people remember the promises of ‘change’ that was to
usher in a new dawn.
This
countrywide resentment in the face of unprecedented failures in all sectors
forced erstwhile opponents to seek a rapprochement to confront the regime.
Pitted against a formidable ‘enemy’ they lost no time in agreeing on a minimum
programme to get rid of a government that has enjoyed support of powerful
forces within the country.
The timing
was appropriate. Over two years is enough to evaluate a government’s
performance. The impoverished millions can take it no more. People waited for
relief but the opposite happened. The opposition parties tapped into this
despondency and the response was overwhelming.
There is
hope that a new force is emerging to take on the government and create an
environment for a real change. But creating such conditions is not going to be
easy. For a political movement to succeed in Pakistan’s context, it will be
necessary to mobilise the masses and other pressure groups like teachers,
clerics, transporters, low-paid government employees, railway and port workers,
etc. When workers across the country begin to stage demonstrations, government
machinery is paralysed — that is the time for real change.
The PDM is
still struggling to mobilise employees. But one thing is unmistakably clear:
people are desperate for real change founded on solid output.
The public
meetings at Gujranwala and Karachi generated hope for a political movement that
would aim to bring profound change and reflect the authenticity of the people’s
vote. The enthusiasm shown by tens of thousands was unprecedented in recent
years. The spontaneous response was even unexpected by the political parties’
leaders.
But then
attention was immediately diverted to Nawaz Sharif’s speech at the Gujranwala
rally where he was critical of the role played by the country’s establishment
in the PTI’s election victory. Minus these unwarranted remarks, the two
meetings would have created new political dynamics that the country was longing
for alternate leadership. Inadvertently, Nawaz made Imran Khan’s task easier.
The latter was quick to grab the opportunity. The PM launched a vociferous
attack on the PML-N leader and hence got even closer to the ‘establishment’.
The controversial remarks, in retrospect, were a gift to Imran Khan.
Now the
opposition faces a daunting challenge: how to mend fences with the
establishment while continuing its tirade against Imran’s government?
Many in the
country’s powerful institutions believe Nawaz was just giving air to his grouse
against last election’s rigging and he has no ill will towards the institution.
They argue that while in power Nawaz catered to the needs of all vital state
institutions, including those responsible for defence, and he has no visceral
disdain for the defence establishment. His record in office as PM, they think,
is testimony to this.
It will
take time before the damage is neutralised. The following weeks witnessed sharp
rise in political activities. Whether the opposition’s alliance will remain
intact is a crucial question. The movement’s sustainability would hinge on the
unity of the opposition. The message the alliance would convey is simple. There
has been deterioration in the quality of the governance the government has
delivered. Considering the people at the helm, the number of ministers and
advisers, the inescapable conclusion is: the situation on all fronts is not
going to improve; if anything it could be worse.
https://tribune.com.pk/story/2270273/oppositions-huge-rallies
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Myanmar’s Minority
By Nehginpao Kipgen
October 29,
2020
On November
8, Myanmar is set to hold general elections for the second time since the end
of military rule in 2011. However, not everyone in the country will get a
chance to cast a vote in the upcoming poll. On October 16, the Union Election
Commission (UEC), Myanmar’s election supervisory body, announced a long list of
constituencies where the election will not take place due to security concerns.
The
commission cancelled polling in parts of the states of Rakhine, Shan, Kachin,
Kayin and Mon, as well as the Bago region, all of which are troubled by various
levels of unrest. “Those particular areas cannot guarantee conditions to hold
free and fair elections and that is why the election is cancelled,” the UEC
said in a statement. Free and fair elections are indeed essential to the
democratic process, however, the UEC’s decision is problematic for several
reasons.
First of
all, the areas in which the election is cancelled are home to several minority
ethnic groups. This means the commission’s decision will disenfranchise nearly
two millions of minority voters and prevent them from having a voice in the
country’s government.
In response
to the UEC’s decision, an alliance of ethnic parties – the Kachin State
People’s Party, Mon Unity Party, Chin National League for Democracy, Karen
National Democratic Party and Kayah State Democratic Party – issued a scathing
statement on October 18 accusing the election commission of acting against the
interests of ethnic parties who call for self-determination and equal rights
under a federal democratic system.
Second, the
UEC’s decision is construed by many as an attempt by the state to rig the
election in favour of the governing National League for Democracy (NLD) party,
especially in the Rakhine state, where elections will not be held in nine of
the 17 constituencies.
It is true
that the conditions in Rakhine state are not ideal for free and fair elections.
Just three years ago, a military operation against “insurgents” in the state
resulted in the deaths of thousands from the Rohingya minority community and led
hundreds of thousands of others to flee into neighbouring Bangladesh. The
Rohingya who remain in the state are still facing significant restrictions to
their daily lives and are not allowed to vote as they are not considered to be
citizens of Myanmar. Moreover, there is a continuing conflict between Myanmar
security forces and the Arakan Army (AA), an armed group fighting for greater
autonomy for the ethnic Rakhine community. Just last month, the AA claimed
responsibility for the kidnapping of three NLD candidates.
Despite all
this, the UEC’s decision to cancel the election in large parts of the restive
state, and disenfranchise some 1.1 million people, is seen by many as an
attempt to weaken NLD’s rivals, and especially the ethnic Rakhine Arakan
National Party (ANP). Of the nine constituencies where the elections are
cancelled in the state, seven are currently held by the ANP, and two by the
military-backed Union Solidarity and Development Party (USDP). Most of the
eight unaffected townships, meanwhile, are held by the NLD.
Currently,
the ANP is the third-largest party, and the largest ethnic minority group in
Myanmar’s bicameral national parliament, with 10 seats in the House of
Nationalities and 12 in the House of Representatives. The ANP managed to achieve
this result in the 2015 election because voters in all 17 constituencies of the
state were allowed to go to the polls. The UEC’s decision will undoubtedly
affect the ANP’s ability to retain its seats in the upcoming election, and more
importantly, prevent the party from winning more seats.
The ANP
secretary Tun Aung Kyaw openly stated that his party believes that the UEC’s
decision was based not on security but political concerns. “Most townships in
Rakhine state where elections will not be held are areas the ANP would
definitely win, so this is a deliberate ploy”, he told the AFP, adding that he
views this as “discrimination” against ethnic minorities.
And other
ethnic parties across the country appear to share the belief that the UEC’s
decision to cancel the election in areas experiencing unrest is largely
political. “There is a big question about whether the UEC is fair,” Chin
National League for Democracy’s (CNLD) General Secretary Ceu Bik Thawng told
The Irrawaddy following the UEC’s announcement. “We often talk about how the
NLD will need our help to choose the president after the election as we expect
to win a majority in our states. It might be a major reason why they treated us
this way.” Many within Myanmar’s ethnic parties have grown critical of the NLD
since the party’s landmark election victory in 2015, due to its failure to
amend the military-drafted 2008 constitution, make lasting peace with the many
armed ethnic groups active in the country and establish a functional federal
democracy.
-----
Excerpted: ‘Myanmar must not disenfranchise
minority voters’
https://www.thenews.com.pk/print/736100-myanmar-s-minority
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Afghanistan: Spinning Green and Red
By Najeha Rashid
OCTOBER 30,
2020
Religion
and modernization have been contrastingly woven in and out of Afghan political
yarn, through the last century. What has been upended at each twist of the
braid, has been the state’s relation with religion and its people.
This
question will be foundational in determining the success of the Afghan peace
process as both sides sit down to share the same loom.
Afghanistan
underwent its first centralization process under Amir Abdurrahman (reigned
1880-1901) – a brutal campaign to bring the different ethnic and religious
entities together under a state run justice system. In a first, since the
Ottomans attempted such a modernistic move, Hanafi interpretation of Islamic
sharia was codified to serve as the official Law of the land. The ulema, or
Muslim clergy, were provided standardized state authorized laws and procedures
to curb their independent authority and some laws to protect woman were passed.
However, jihad against the British imperialists was proclaimed – an act which
granted tremendous political power to religious groups, just as it would do a
century later, against another aggressor.
In the
period 1919-1929, the monarch, King Amanullah, embarked upon an overly
ambitious secularization program inspired by Mustafa Kamal. Islam remained the
official religion of the country but all references to Hanafi fiqh were
eliminated from the Constitution. All citizens were declared equals before the
law and the first Afghanistan’s Criminal Law was laid out, taking the matter
away from the hands of the clergy.
Woman’s
emancipation went beyond just legal reform: in a cultural shift, woman in Kabul
attired indistinguishably from their western counterparts and went to school
even in rural areas.
For the
first time in history, Shia jurisprudence is recognized and all citizens are
declared equal before law, irrespective of religion, gender or ethnicity
Amanullah
was deeply swayed by the westernized and liberal philosophy of his foreign
minister, Mahmud Tarzi, and the love of his wife, Queen Suraya, Tarzi’s
daughter. However, in a society deeply entrenched in traditionalism, the
culturally intrusive and authoritarian revolution caused widespread outrage
which the rural mullahs channeled into a revolt against the monarchy. Amanullah
had to abdicate and seek refuge abroad with his family.
The next
regime, in the 1930s, gave the mullah a foot in the door: the Jamiat-al Ulema,
a council of the clergy, was setup to oversee government affairs and
legislation. Sufi networks too gained proximity to power through placements on
governmental posts. Criminal and civil cases started being adjudicated in
sharia laws while administrative and business matters were dealt through
statutory laws. Despite Kabul University giving out degrees in both western
secular law and sharia law separately, a degree from a governmental madrassa
equally qualified one to become a judge.
The liberal
strand wound its way up again in the 1960s. The 1964 Constitution only resorted
to Hanafi Fiqh where the statutory law left gaps and that too while remaining
with in constitutional ambits.Also, an independent Supreme Court was given the
power to review all lower court decisions as well as administrative authority
over them. This effectively made Afghanistan a secular state, even while paying
lip service to Islam. Secular education was promulgated, women were given
voting rights, judiciary appointments were largely graduates of secular law and
the cabinet was made accountable to an elected parliament.
Modernization
reforms have always backfired when introduced coercively instead of gradually.
The gradual interlacing of progressive threads into the Afghan yarn had led to
women working in public administration, judiciary and education, albeit rarely
in high positions .But in late 1970s, the soviet influenced Daod Khan regime
(1973 -1978) undertook an aggressive socialist revolution encompassing land
reforms, compulsory education and womans emancipation; when officials in Kunar
Province faced resistance to an educational program, binding on all women,
hundreds of people were slaughtered in one night.
Daod Khan
had declared Afghanistan a democratic people’s republic and introduced a
modernistic Civil Code, that banned child marriages, forced marriages and the
traditional practices of Baad and Badal. The fact that almost 40 years later,
in the post-Taliban era a similar law couldn’t garner parliamentary support and
had to be passed through a presidential decree, shows the extent of outrage it
must have engendered, back then too.
The
uprising of religious groups, who called themselves mujahedeen, against Daod
Khan, continued during the successive socialist regimes of People’s Democratic
Party of Afghanistan (PDPA) as well. They were spurred on by anti-Soviet
international sponsors. During the PDPA rule, reforms focused on material
empowerment of woman by improving their work place conditions and education
accessibility and courts refrained from moral policing.
The 1979
Soviet Invasion of Afghanistan became a vehicle for the militant religious
groups to finally be able to implement their ideological systems. In the wake
of the invasion, came massive foreign aid to the mujahedeen, to fight the
Soviets. In case of Saudi Arabia, the aid was packaged with conservative
Wahhabism. When the Soviets withdrew in 1992, the mujahedeen overthrew the reconciliation
government under Najeebullah and declared Afghanistan an Islamic republic for
the first time in history. Their leader, Burhan Uddin Rabbani applauded the
uprooting of the ‘atheist’ regime and the imposition of veil restrictions on
woman. The ‘debauchery’ of schools and work places of all kinds was decried and
for the first time Supreme Court decree to prosecute ‘run away’ women
introduced(women leaving house without a direct male relative), a practice that
continues today.
The
cultural upheaval continued in the Taliban regime as well, till its fall in
2001. Although the Taliban barely touched the constitution, statutory law and
Penal Code were relegated to insignificance in judicial proceedings, which were
governed by the judge’s personal knowledge of sharia. Woman lived in complete
curfew and Hadood Ordinance of public flogging and hangings exercised,
unprecedented in Afghan history. The Taliban did uphold woman’s right to
inheritance and imposed strict punishments for assault.
In the
post-Taliban era, Afghanistan has emerged as a democratic country.The 2004
constitution of the Islamic Republic of Afghanistan declares human liberty,
freedom of expression and dignity as inviolable. For the first time in history,
Shia jurisprudence is recognized and all citizens are declared equal before
law, irrespective of religion, gender or ethnicity. However vestiges of past
Islamization attempts and threads of conservatism meander onwards: the EVAW Law,
meant to safeguard woman against traditional Afghan practices, failed to find
traction with the Parliament; the Supreme Court remains a bastion of
conservatism: its first Chief Justice, FazalHadi Shinwari, had no more than a
madrassa education to accredit him, and had close ties with jihadi elements.
The ulema council, established during his tenure with in the Supreme Court,
issued fatwas that horrified human rights advocates.
Political
expedience, back in 2001, led to the integration of former military commanders
and warlords into the government. As the current peace process unfolds, the
likelihood of emergence of a similargovernmental setup precipitates fears
regarding its trustworthiness insafeguarding the civil liberties of the Afghans
and enforcing a fair and humane justice system.
The Afghans
today show a propensity for both the socialist and Islamic pasts of the
country: a democratic setup, albeit one based on Islamic principles, which
overlooks the establishment of social justice and provides equal economic
opportunities to all. This is the mandate for the two negotiating sides if they
wish to give sustainable peace a chance.
Whatever
may be their outcome, the talks would make for an interesting study of
religious and liberal braiding.
-----
Najeha Rashid is a researcher at South Asian
Institute of Strategic Studies (SASSI) University, Islamabad.
https://dailytimes.com.pk/683450/afghanistan-spinning-green-and-red/
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Pakistan’s Strategy to Address FATF Mandates
was Inadequate
By Abdul Rauf Shakoori
OCTOBER 30,
2020
Pakistan’s
struggle to remove itself from the list of Jurisdictions under increased
monitoring is yet to end. We as a nation witnessed this bizarre news when
president of the Financial Action Task Force (FATF) announced that Pakistanwill
remain in the grey list till February 2021 and urged Pakistan to swiftly
complete its full action plan by February 2021. However, he (the president)
recognizes that Pakistan made progress on numerouspoints and largely addressed
21 out of 27 actions items.
As we all
know that Pakistan’s name was placed on the list of jurisdictions under
increased monitoring due to non-compliance with terrorist financing
regulationson the motion pushed by USA and joined by the India. The main
allegationslevelled against Pakistan were support to Islamic militants and
failure to take actions against the culprits of Bombay attacks that killed
several people.
In result
of the motion, in June 2018, Pakistan agreed with FATF to implement its
ten-point agenda to overcome strategic deficiencies with reference to
Anti-Money laundering and Combating financing of terrorism (AML-CFT). During
that time, Pakistan made significant progress, drafted laws and introduced
various regulations to comply with the FATF mandates. However, our progress with
reference to technical compliance and its effectiveness was rated poor by the
watchdog. In the recent assessment, as per consolidated rating assigned to us,
Pakistan was fully compliant of only two recommendations, partially compliant
of twenty-five whereas largely and non-compliant of nine and four
recommendations respectively.
Whereas,
our measures with reference to their effectiveness rated on the scale of high,
substantial, medium and low level of effectiveness based on eleven immediate
outcomes (IOs). Pakistan’s level of measures related to their effectiveness
rated low for ten whereasmedium for one immediate outcome (IO2) which relates
to international co-operation. Unfortunately, Pakistan failed to secure rating
for substantial or high level of effectiveness.
Unfortunately,
we are still using conventional approach to satisfy the world when it comes to
action against proscribed organization and targeted individuals. Our measures
with reference terrorist related activities are not appealing to international
community
Normally,
any jurisdiction that enters the International Co-operation Review Group (ICRG)
has one-year observation period to work with FATF regional organ to address the
deficiencies before public identification and formal review by the FATF. In
Pakistan’s case, FATF informed about Pakistan’s strategic deficiencies and
their consequences in 2016 and the same were duly communicated to the Law
enforcement agencies (LEAs) by the civil Government. We were supposed to
overcome those deficiencies by 2017 so that we could avoid being named as
non-cooperative state. But unfortunately, our civil and military leadership was
not on the so-called same page and their internal conflictsbrought this
embarrassment which we collectively experienced as a nation.
Apart from
the internal rift of LEAs with previous civil Government, what stops the
current Government to comply with FATF mandates, when both military leadership
and the government is on the same page. Unfortunately, we are still using
conventional approach to satisfy the world when it comes to action against
proscribed organization and targeted individuals. Our measureswith reference
terrorist related activities are not appealing to international community.
Therefore, despite lapse of almost thirty-four months,our narrative could not
impress the global watchdog and its members states so that we could be
considered as responsible state.
Even after
plenary meeting, FATF press release highlighted that remaining six action items
relate to terrorists, their activities, financing investigations, execution,
generation of funds through non-profit organization and their movement. Though
we have arrested some individuals and listed their organization in fourth
schedule of the constitution, however, legal proceedings against them are yet
to be initiated, which at one hand create doubts in the mind of international
community and on the other hand shows lack of determination to address these
serious issues. Moreover, FATF press briefing specifically highlighted that we
have to implement U.N resolution 1267 and 1373, which requiretargeted sanctions
as well as criminalization of terrorist financing, ensuring border security and
actions against arms trafficking, freezing of terrorist assets without delay,
effective regulations of Money or value transfer services to stop hawala
transactions, effective control on cash couriers, checks on raising funds
through non-profit organization etc.
Moreover,
comparison of Mutual Evaluation Report 2019 and Follow- up Report 2020 both published
by the Asia Pacific Group to assess our compliance level with a gap of one year
and noted no major changes in complying with FATF recommendations. It shows
that during last one year we did not make enough progress to address this
issue. Both reports highlights that we are non-compliant of FATF
recommendations, 22, 25, 28, and 38. These recommendations relates to
Designated Non-Financial Businesses and Professions (DNFBPs) customer due
diligence, Transparency and beneficial ownership of legal arrangements,
Regulation and supervision of DNFBPs, Mutual legal assistance including
freezing and confiscation. However, to address the compliance of these
regulations, FATF requires that a risk-based approach would be applied by the
countries, competent authorities, financial institutions to identify, assess,
and understand the AML-CFT risks to which they are exposed and should take
appropriate measures to mitigate those risks according to their levels.
However, newly drafted legislation negates this principle and assigned powers
to those institutions and professional bodies which are considered high risk
with regards to AML-CFT.
Our
Orthodox and archaic approach to address domestic and global issues is not
corroborating with global standards. Pakistan’s declining trends in each sector
at one hand impacting the life of its citizens and on the other side creating
unrest and political instability in the country. Our person specific
legislation for trivial political gains is not only undermining Pakistan’s
credibility but also failing us at international forums. Let’s prioritize our
national interests over our personal political gains and try to address all
these issues as one nation.
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Abdul Rauf Shakoori is a corporate lawyer based
in the USA and a subject matter expert in White Collar Crimes and Sanctions
Compliance. He has written several books on corporate and taxation laws of
Pakistan. abdulrauff@hotmail.com
https://dailytimes.com.pk/683448/pakistans-strategy-to-address-fatf-mandates-was-inadequate/
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