Friday, November 09, 2007

The Struggle for Rights

Freedom has its life in the hearts, the actions, the spirit of men and so it must be daily earned and refreshed - else like a flower cut from its life-giving roots, it will wither and die.
~Dwight D. Eisenhower

Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it.
~Thomas Paine

Photo Credit: Protest at LUMS(from the NY Times)

Thursday, November 08, 2007

Asma Jahangir's Appeal to Support Lawyers and Judges in Pakistan

Asma Jahangir has sent out an urgent e-mail appealing to bar associations all over the world to support the imprisoned lawyers and judges of Pakistan. This is indeed a heartbreaking situation that demands that civilized people all over the world join forces to defeat Musharraf's forces of oppression and terror. Please read her appeal and support Pakistani civil society any way you can. She is a true hero and as long as there are courageous and principled people like her in Pakistan I refuse to lose hope.

Election announcements from Musharraf are useless and the elections under him have no credibility. The constitution and judiciary have to be restored as they were on November 2nd before any elections can take place. There can be no democracy built on the ruins of a destroyed judiciary.

_________________________________________________________

Asma Jahangir
law@aghs.brain.net.pk

Special Rapporteur of the UN Commission on Human Rights on extrajudicial, summary or arbitrary executions(Since August 1998)

Subject: Fwd: from asma jahangir

I am fortunate to be under house arrest while my colleagues are suffering. The Musharaf government has declared martial law to settle scores with lawyers and judges. While the terrorists remain on the loose and continue to occupy more space in Pakistan, senior lawyers are being tortured.

The civil society of Pakistan urges bar associations all over the world to mobilize public opinion in favor of the judges and lawyers inPakistan. A large number of judges of superior courts are under arrest. Thousands of lawyers are imprisoned, beaten and tortured.

In particular the cases of Muneer A Malik, Aitzaz Ahsan, Tariq Mahmood and Ali Ahmed Kurd are serious. Muneer A Malik, the former President of the Supreme Court BarAssociation and leader of the lawyers' movement has been shifted to the notorious Attack Fort. He is being tortured and is under the custody of the militaryintelligence. Tariq Mahmood, former President of the Supreme Court BarAssociation, was imprisoned in Adiala jail. No one was allowed to see him and it is reported that he has been shifted to an unknown place. Mr. Ali Ahmed Kurd, former Vice Chair of the Pakistan Bar Council is in the custody of military intelligence and being kept at an undisclosed place. Mr. Aitzaz Ahsan, President of the SupremeCourt Bar is being kept in Adiala jail in solitary confinement.

Representatives of bar associations should approach their governments to pressure the government of Pakistan to release all lawyers and judges and immediately provide access to Muneer A Malik, Tariq Mahmood, Ali Ahmed Kurd and Aitzaz Ahsan. The bars are also urged to hold press conferences in their country and express their solidarity with the lawyers of Pakistan who are struggling to establish the rule of law.

Asma Jahangir

Advocate Supreme Court of Pakistan

Chairperson of the Human Rights Commission of Pakistan

Wednesday, November 07, 2007

The Struggle for a New Pakistan in the Shadow of Tyranny

A combination of distractions had kept me away from this blog for a few months despite having queued up a number of things I had been meaning to write about such as a piece on Quarratulain Hyder and one on Pakistani writers in English. Depressed by the shenanigans of BB and the politicians, NRO and the sham Presidential elections I just couldn't muster the enthusiasm to even consider writing about Paksitan but then ----

this past Saturday Musharraf defaulted to a state of naked tyranny, declaring a martial law, decapitating the independent judiciary, killing off the independent media and declaring open war on all forces of civility, honor and decency in the country. For a few days I was just glued to Geo TV (which Pakistanis are deprived of) in a virtual state of shock. I still find the hubris, "beghairati" and gall of Musharraf's actions hard to believe. But there it was, Jinnah's Pakistan reduced to worse than a banana republic by a tinpot despot given too much rope by a short-sighted American government.

But now is the not the time to dwell on how we got here. Now is the time to take an uncompromisingly clear position: these actions of a self-styled savior, supported by his political minions and cowardly, kleptocratic generals will not be allowed to stand. If there is a silver lining to this tragedy, it is in the pictures of resistance that are pouring out of Pakistan. The country should be justifiably proud of its judges, lawyers, human rights activists and students who are showing tremendous courage and paying a steep price for their honorable resistance to tyranny. They are Pakistan's heroes and it fills my heart with joy to know that the country has so many sons and daughters who are willing to pay the price of liberty, even in the complete absence of credible and principled political leadership. It is now up to all Pakistanis and their well wishers to support these heroes with everything at their command to return Pakistan to full constitutional democracy and to send the forces of military dictatorship back to their appointed role under the Constitution.
Here are a few things I want to post as resources that may be helpful to those who get to this blog:

1) Live audio and video streams of GEO TV: http://geo.tv/

2) Collection of invaluable information on Martial Law 2007 with news, petitions, campaigns, testaments, images, details on detainees and more: http://pakistan.wikia.com/wiki/Emergency_2007

3) Teeth Maestro's Blog which according to the NY Times has become a "hive of information for the resistance" at http://www.teeth.com.pk/blog/ (LUMS protest, Imran Khan's video from an undisclosed location, Avaaz.org's petition etc.)

4) "The Emergency Times" blog with details on student resistance and protests on college campuses including LUMS, Punjab University, FAST etc.)

5) Another great source of aggregated information on the Pakistan crisis and its global coverage

6) Another petition organized by a group called "We oppose emergency in Pakistan"

7) The following letter was sent by the South Asian American Forum to all members of the U.S. House of Representatives and the Senate:
_______________________________________________________
November 6, 2007

Dear Member of Congress:

South Asian American Forum Action Fund ("SAAF Action Fund"), affiliated with the South Asian American Forum, a legally registered, bipartisan political action committee consisting of community and business leaders united behind a progressive policy platform, strongly condemns the actions of General Pervez Musharraf and his government for what is, in effect, a second Martial Law imposed by the General who took over the country in a coup in 1999. We urge the US government and elected officials to call for an immediate return to full Constitutional Democracy in Pakistan.

On Saturday November 3, 2007, General Pervez Musharraf, President of Pakistan as well as its Chief of the Army Staff, declared a state of emergency and issued a "Provisional Constitutional Order" (PCO). Under this PCO, General Musharraf suspended that country's 1973 Constitution depriving the people of Pakistan of their fundamental rights and preventing the actions of his government to be challenged in the Courts. The justices of the Supreme Court of Pakistan were ordered to take a fresh oath to abide by the PCO. The Chief Justice Iftikhar Muhammad Chaudhry and seven other justices issued their own legal order calling General Musharraf's declaration of emergency unlawful and urged military officials not to act on unlawful orders. General Musharraf then dismissed Chief Justice Chaudhry and in his place swore in a pro-Musharraf member of the Supreme Court as the new Chief Justice.

In addition, all independent and international TV channels in Pakistan were forced off the air by the government. Thousands of civil society activists and lawyers have been arrested, including the Chairperson of the Human Rights Commission of Pakistan and the Chairman of the Supreme Court Bar Association. Interestingly, even though General Musharraf suspended the country's Constitution after declaring emergency and fired the Chief Justice of the Supreme Court, he did not dissolve the pro-Musharraf Parliament. Prime Minister Shaukat Aziz, announced on State TV on Sunday that the parliamentary elections due in January 2008 could be postponed by up to a year under the PCO.

Specifically, we urge you to support the following measures towards restoration of full Constitutional Democracy in Pakistan:

1) Immediate revocation of the state of emergency and the PCO and re-establishment of the 1973 Constitution of Pakistan

2) Reinstatement of Justice Chaudhry as the Chief Justice of Pakistan and the reinstatement of all supreme and high court judges who have refused to take oath under the PCO (Justice Chaudhry was dismissed by General Musharraf in March of this year and was later reinstated as Chief Justice by the Supreme Court's special bench)

3) Timely return of the normal constitutional process by regular dissolution of the Parliament and provincial assemblies and holding of free and fair elections under a neutral caretaker administration supervised by the Supreme Court of Pakistan. These elections are to be held by January 2008 at the latest under Pakistan's Constitution

4) Active participation of all political parties and their leaders in the new parliamentary elections

5) Election for the President of Pakistan by the new parliament and provincial assembliesThe

United States and its people have always stood for freedom and democracy around the world. In addition, we believe that in the long term the fight against terrorism will be ill served by backing governments that take away democratic rights from their people. The situation today in Pakistan is such that the US government is stuck dealing with a single individual and is not being seen as a friend of the country or the democratic aspirations of its people. Pakistan remains a front line ally in the War on Terror but we believe that only a democratic government with its roots in the people of Pakistan can effectively fight terrorism while reducing the acute political uncertainties gripping the country. The US government and Members of Congress should act to push for the re-establishment of full Constitutional Democracy in Pakistan.

Friday, August 03, 2007

"Mother of All Deals": A Recipe for Continued Instability

Najam Sethi's editorial in this week's Friday Times titled "Transition to Functional Democracy" (behind a firewall) claims that a Musharraf/BB deal has been all but concluded. The basic terms of the deal, according to Sethi, stipulate that Musharraf will be re-elected by the present assemblies in uniform with PPP's consent in return for free and fair elections, an agreement to take the uniform off in 6-12 months and some other crumbs for Bhutto. Remarkably, he then goes on to argue that this "Mother of all deals" makes sense and is good for the country.

If he is factually correct about the specifics of the "Mother of all deals" (it still seems speculative punditry to me), then his analysis is naive in the extreme. It increasingly seems to me that Sethi has become so caught up in being an influential insider with a privileged view of the daily "jor tor" of power politics that he has lost his analytical moorings.

One key flaw in his reasoning is his completely static analysis of the "deal" in which a few key players (Musharraf, Bhutto, Fazl-ur-Rehman) will redraw the political map amongst themselves and everything else will fall in line. Sethi displays no awareness that the arrangement he outlines would be deeply unstable and will have resolved few of the fundamental contradictions at the heart of Pakistan's current crisis of governance. The deal will not begin to resolve the issues of military-civilian power balance nor the current lopsided dynamic of power between the Presidency and the Parliament. After the elections, the countdown to Musharraf's "uniform doffing date" will start immediately with all the attendant speculation and uncertainties that were experienced when he made this "promise" the last time around. The nation will once again be witness to endless maneuvering and horse trading between Mush and the parliament to demarcate boundaries of power with the military remaining at the center of the controversy. Meanwhile all the problems and complexities of actual governance will remain neglected.

The deal is also likely to alter the political landscape in other unexpected ways: PML-Q and PPP could experience significant dissension from within and PPP will likely lose popular support, particularly in Punjab, for bailing out a weakened Musharraf. The parties cut out of the power equation unceremoniously by PPP (i.e. PML-N, JI, PTI) will continue their campaign against the unpopular uniformed President with the added grievance of the PPP "betrayal". After saving Musharraf again, Fazl-ur-Rehman will revert back to form excoriating the secular Musharraf and his allies to please his Taliban constituency during and after the elections. The end result of this deal will almost certainly be to weaken moderate forces as they will be viewed as having compromised on basic principles for personal gain. The amalgam of anti-Musharraf, anti-PPP right (with PML-N and PTI pushed into this grouping) will gain in stature to the long term detriment of the Pakistani polity.

Reading Sethi you would think that the deal is a panacea for Pakistan's ills. It will do nothing but prolong the agony of the last couple of dysfunctional years. The need is for Musharraf to doff his uniform and hold free and fair elections. After he takes these steps if certain political parties, like PPP, want to elect him a civilian President there will be fewer objections to it. But at least getting Musharraf to abide by some basic rules right away will help begin a rational process by which the balance of institutional powers could be restored back to the original constitutional intentions. This route is also more likely to avoid a dangerous split between PPP and PML-N. To tackle Pakistan's complex domestic and national issues it is imperative that the large mainstream parties develop a working relationship with some basic trust in each other.

It is my hope that Sethi's view is not the prevailing wisdom in Pakistan's elite circles and that the PPP leadership displays greater political foresight. Unfortunately, the recent events and statements emanating from BB do not leave anybody optimistic. Another opportunity to right the ship of state seems likely to be squandered.

Bob Dylan in Concert

Last weekend, I was thrilled to be a part of a memorable musical experience when I saw Bob Dylan perform live in concert for the first time. Dylan performed in Kelseyville, California about a 150 mile drive from where I live in the San Francisco Bay area. The venue was the charming 5,000-person capacity Konocti Outdoor Amphitheater on the banks of the Clear Lake. It was a beautiful, warm summer evening and the concert was an absolute treat.

I certainly cannot claim to be one of those lifelong Dylan fans who know the lyrics to every Dylan song and can reliably narrate every twist and turn of his long and remarkable performing career but I have been an admirer of his music and songwriting for a long time. Some of Dylan's songs such as "It's all over now, baby blue" and "Shelter from the storm" make the list of my all time favorites. However, to be fair, my desire to see Dylan in concert was also based, in part, on experiencing first hand a performance of this unique 60's counterculture icon.

Dylan is 66 years old and since 1988 has been on a "Never Ending Tour" performing more than 100 concerts a year. His voice is now more gruff and raspy than in his famous studio recordings but it still retains that quintessential raw quality. The performance was extremely lively and energetic. Dylan and his Band have refused to turn these live concerts into nostalgia acts so even the classic oldies are typically performed in newer arrangements. For those like me who don't follow the band around, it would have been nice to hear some of the familiar arrangements for songs like "Blowin' in the wind" but overall it was still an exhilarating experience.

Here's the set that Dylan and the Band played that evening:

1. Leopard-Skin Pill-Box Hat (Bob on electric guitar)
2. It Ain't Me, Babe (Bob on electric guitar)
3. I'll Be Your Baby Tonight (Bob on electric guitar)
4. It's Alright, Ma (I'm Only Bleeding)(Bob on electric guitar)
5. Workingman's Blues #2 (Bob on keyboard)
6. Rollin' And Tumblin' (Bob on keyboard)
7. Boots Of Spanish Leather (Bob on keyboard and harp)
8. Lonesome Day Blues (Bob on keyboard)
9. Desolation Row (Bob on keyboard and harp)
10. Highway 61 Revisited (Bob on keyboard)
11. Spirit On The Water (Bob on keyboard and harp)
12. Stuck Inside Of Mobile With The Memphis Blues Again(Bob on keyboard and harp)
13. Ain't Talkin' (Bob on keyboard)
14. Summer Days (Bob on keyboard)
15. Blowin' In The Wind (Bob on keyboard)
(encore)
16. Thunder On The Mountain (Bob on keyboard)
17. All Along The Watchtower (Bob on keyboard)

(With thanks to Bill Pagel's Bob Dylan tour webpage for details on the set)

Here's one of my Dylan all-time favorites:

Monday, July 23, 2007

Dalrymple & Hamid - Understanding the Rage

As of late, Pakistan has been a hot topic in the Western press. Most of the coverage is the usual unenlightening blather about nukes and extremism but there have been a few good, thoughful pieces. Of course, given the tumultuous nature of current Pakistani politics, events on the ground soon overtake even the most up to date writings on the country.

I have always enjoyed reading William Dalrymple ('City of Djinns' about Delhi is my personal favorite) so I was happy to see his piece called "Days of Rage" in the July 23rd issue of The New Yorker. Even when I disagree with some of his interpretation of facts he is a consistently objective and unfailingly intelligent observer of the South Asian scene. The article is partly a profile of Asma Jahangir, the tireless campaigner for the cause of human rights in Pakistan. Dalrymple's admiration for Asma Jahangir's lifelong struggle on behalf of the vulnerable clearly comes through.

Mohsin Hamid recently wrote a piece for the Washington Post titled "Why Do They Hate Us?" In a way only a novelist can, Mohsin Hamid has intelligently explored this question which, since 9/11, is mindlessly asked in the West with a certain "wounded innocence" (Hamid's evocatively apt phrase). In his recent non-fiction, Mohsin Hamid has demonstrated increasing political maturity and seems to have finally moved on from his long lasting infatuation with Musharraf. I think the low point was his "too clever by half" review of Musharraf's atrocious autobiography. The literary device of schoolyard types that is supposed to help us understand Musharraf's psyche is merely attention-grabbing without being illuminating not to mention the inconvenient truth that no such rigid classifications exist in a typical Pakistani school where a 'cheetah' one day can just as easily be a 'chutiya' the next. As a respected Pakistani novelist writing in English, Mohsin Hamid has earned a rare bully pulpit from which he can contribute toward greater cross-cultural understanding and advance sensible ideas. Thankfully, he seems to be moving in that direction.

The Triumph of Justice but What's Next

July 20th, 2007 will be long remembered as a historic day in Pakistan when the honorable judges of the Supreme Court, led by Justice Ramday, reinstated the suspended Chief Justice and struck a vital blow for an independent Judiciary in the country. This unequivocal reversal of Musharraf's political folly has breathed life into Pakistan's moribund political landscape.

However, this event is only the beginning of an arduous political season in which the Supreme Court's independence and good judgment will be repeatedly tested. On every critical issue from dual office retention and return of exiled leaders to the enforcement of a level playing field for free and fair elections, the Court will be in a central position to restore some faith in Pakistan's political institutions and begin the process to extract the nation from Musharraf's destabilizing chokehold. Pakistanis can only hope that the Court's newly earned prestige and independence will be consistently leveraged to further the cause of a political system based on a constitutional rule of law. After the July 20th decision there is some real cause for optimism.

Sunday, June 10, 2007

"Pakistan's Dictator" - New York Times Gets it Right

I am extremely encouraged that increasingly the American press, led by the New York Times, is getting it right. In another editorial today titled "Pakistan's Dictator", the paper forcefully calls on the Bush administration to support an orderly transition to democratic, constitutional rule in Pakistan rather than blindly standing behind the singularly disastrous and dictatorial government of General Musharraf. With its short sighted policy focused on a myopic view of the war on terror, America is squandering a golden opportunity to stand with the people and their democratic aspirations in a strategic Muslim country. The movement against military dictatorship and for the rule of law is being led by lawyers, journalists and members of the liberal civil society and is refreshingly free of religious sloganeering or hate mongering. This is the kind of grassroots democratic spirit that the administration has been purporting to support since 9/11 but America is busy doing severe damage to its reputation and little remaining credibility in Pakistan by clinging to a dubious ally.

I would encourage all those who are able to write to the New York Times to write and express approval of the newspaper's stance supporting the restoration of a rule of law-based democratic government in Pakistan. Instructions of where and how to send the letter here.

Saturday, June 09, 2007

The Evolution of Larry Summers

The New York Times Sunday Magazine has a remarkably interesting profile of Larry Summers discussing the evolution of his thinking on economic matters but also touching on the development of his personality since his stint under Robert Rubin at the Treasury. Summers is an impressive intellect who, at 52 years of age, has accomplished more in three different careers than many talented people do in a lifetime.

Larry Summers's name has been in my memory ever since my undergraduate days when, always fond of trivia tidbits, I found out that he was the youngest tenured professor at Harvard, nephew of two Nobel Prize winners (Robert Samuelson and Kenneth Arrow) and the son of two Penn economics professors, Robert and Anita Summers. I admit to experiencing a tinge of genetic envy. As an aspiring PhD in economics at the time (a path never taken) I remember looking up to Larry Summers and Paul Krugman as inspirational young stars with exceptionally fine minds and a penchant for writing and arguing clearly, concisely and logically.

An aside: Paul Krugman's excellent writings on economic issues, accessible to laymen, are collected here and are well worth the read. I still recommend "In praise of cheap labor" (in the International Trade section of the site), particularly to knee-jerk opponents of globalization. Even though this piece was written in March 1997 and lot has changed since then, the fundamental argument for free trade in that essay still holds.

Monday, June 04, 2007

Government of the Generals, by the Generals, for the Generals

Deciphering the underlying reality from official proclamations is always a risky business, but if we take at face value the statement issued by the Corp Commanders and Staff Officers of the Pakistan Army after discussions with President/COAS Musharraf, the signs for the republic are indeed ominous. The statement loudly proclaims fealty to Musharraf, applauds his great dual role accomplishments, threatens the media and civil society and demands respect on the point of a gun for an institution thoroughly compromised by its taste for economic and political power. Here is a most shameless display by the army's leadership of besmirching its own honour and a violation of their oath of allegiance to the constitution and the country. No amount of browbeating of the public will force it to respect an individual or an institution. As the American civil rights leader Eldridge Cleaver aptly said: "Respect commands itself and it can neither be given nor withheld when it is due."

The army hierarchy clearly seems irritated by the increasingly direct criticism of the military's central role in the political and economic spheres in Pakistan. But this is a debate that is long overdue. The military's chokehold on the affairs of state have resulted in weak political institutions, enriched the officer corps at the expense of the nation, distorted national priorities and shifted the military's focus away from professional matters. The presence of all intelligence heads (MI, ISI and IB) in the meeting to persuade the CJP to resign was an egregious illustration of how far the military has moved away from its primary responsibility of national security and instead become the full-time guardian of its corporate and political interests. Civilian control of military affairs is the established norm in every civilized democratic government (including our neighbor) and, as distant as that may seem today, it is the desired end state in Pakistan as well. The code words for suppressing this legitimate debate on the military's role in Pakistani society are "respect" and "politicization". It is laughable that a COAS/President instructs the nation not to politicize the army when he controls all the levers of political power, uses his political and ethnic surrogates to create mayhem in Karachi, holds meetings at the Presidency and Army House with his political cronies, pressurises his presumed judicial opponent in uniform surrounded by senior military personnel and then huddles with his military leadership to issue a threatening statement to the country to preserve self-rule. Mr. President, it is hard to imagine how the army could be any more politicized!!

The CJP's forcible removal was just a catalyst for this current conflagration but the truth is that the underlying malignancy of this regime was eventually bound to be exposed. Musharraf's liberal supporters have often forgotten this in the past that in a dictatorial polity without democratic representation and legitimacy, it does not matter much whether the government happens to promote liberal or fundamentalist behavior. The ultimate yardstick is always self-preservation and the perpetuation of one man rule. It has taken this crisis to expose the regime's fragility and to strip it of its faux-gentle facade. How often did Musharraf talk about the "true democracy" he was establishing and touted the freedom of the press that "he had granted" so magnanimously! Of course, it turns out that the media is free as long as it does not tell unpleasant truths that threaten his hold on power. At the first signs of trouble we have Geo and AajTV off the air, promulgation of the media-gagging PEMRA 2007 ordinance, hounding of the courageous scholar and author of Military Inc. Dr. Ayesha Siddiqa and explicit threats to respected journalists all over the country.

Musharraf's end will be similar to all the other khaki saviors in Pakistan's sordid history ("they leave themselves no other options") but how much more damage he does to the country before he is consigned to the dustbin of history is still an open question. If the escalations of the past few days are any indication, Musharraf will not go without causing a lot more pain to the fragile Pakistani state.