US officials meet Taliban negotiators in Qatar

KABUL, Jan 28 — Several Taliban negotiators have begun meeting with American officials in Qatar, where they are discussing preliminary trust-building measures, including a possible prisoner transfer, several former Taliban officials said Saturday.

The former officials said that four to eight Taliban representatives had traveled to Qatar from Pakistan to set up a political office for the exiled Afghan insurgent group.

The comments suggested that the Taliban, who have not publicly said they would engage in peace talks to end the war in Afghanistan, were gearing up for preliminary discussions.

American officials would not deny that meetings had taken place, and the discussions seemed to have at least the tacit approval of Pakistan, which has thwarted previous efforts by the Taliban to engage in talks.

The Afghan government, which was initially angry that it had been left out, has accepted the talks in principle but is not directly involved, a potential snag in what could be a historic development.

The former Taliban officials, interviewed Saturday in Kabul, were careful not to call the discussions peace talks.

“Currently there are no peace talks going on,” said Maulavi Qalamuddin, the former minister of vice and virtue for the Taliban who is now a member of the High Peace Council here. “The only thing is the negotiations over release of Taliban prisoners from Guantánamo, which is still under discussion between both sides in Qatar. We also want to strengthen the talks so we can create an environment of trust for further talks in the future.”

The State Department spokeswoman Victoria Nuland has said only that Marc Grossman, the Obama administration’s special representative for Afghanistan and Pakistan, had “a number of meetings” related to Afghanistan when he visited Qatar last week.

The Taliban’s announcement this month that they would open an office in Qatar, which could allow for direct negotiations, drew fire from some Afghan factions as well as some American policy makers, who fear the insurgents would use negotiations as a ploy to gain legitimacy and then continue their efforts to reimpose an extremist Islamic state in Afghanistan.

Mr. Grossman, at a news conference in Kabul last week, said that real peace talks could begin only after the Taliban renounced international terrorism and agreed to support a peace process to end the armed conflict.

The Afghan government and the Qataris must also come to an agreement on the terms under which the Taliban will have an office. Mr. Grossman has been regularly briefing the Afghan government but Afghan officials have complained that they were being kept out of the loop.

The Taliban officials now in Doha, Qatar, include a former secretary to the Taliban’s leader, Mullah Muhammad Omar, as well as several former officials of the Taliban government that ruled Afghanistan from 1996 to 2001, according to Mr. Qalamuddin and Arsala Rahmani, a former Taliban minister of higher education.

The former Taliban officials here described fairly advanced discussions in Qatar about the transfer of prisoners. One former official, Syed Muhammad Akbar Agha, who had been a Taliban military commander, said that five Taliban prisoners were to be transferred in two phases, two or three in one group and then the remainder.

There has also been discussion in Qatar of removing some Taliban members from NATO’s “kill or capture” lists, the former Taliban officials said.

Mr. Grossman, in his comments last week, played down talk of detainee releases, saying the United States had not yet decided on the issue. “This is an issue of United States law first of all, that we have to meet the requirements of our law,” he said.

He said the Obama administration would also consult with Congress. Under American law, the defense secretary must certify to Congress that the transfer of any Guantánamo prisoner to a foreign country would meet certain requirements, including that the country maintains control over its prisons and will not allow a transferred detainee to become a future threat to the United States.

If any detainees were released, Western and Afghan officials said, they would likely be transferred to Qatar and held there, perhaps under house arrest.

The former Taliban officials said that they were most surprised by Pakistan’s decision to allow the Taliban delegates to obtain travel documents and board a plane to Qatar. The former officials have long contended that Pakistan has obstructed talks. “This is a green light from Pakistan,” Mr. Rahmani said.

Pakistan “definitely supported this and is also helping,” Mr. Qalamuddin added. He said that if Pakistan did not approve of the talks, it would have arrested the Taliban delegates to Qatar, just as it did with Mullah Baradar, a senior Taliban official, after he began secret talks with the Afghan government in 2010.

Steven Lee Myers contributed reporting from Washington, Taimoor Shah from Kandahar, Afghanistan, and Sharifullah Sahak from Kabul.

The Human Intel that led to Bin Laden’s Hideout

Shakil Afridi columnpk.com

WASHINGTON: US Defence Secretary Leon Panetta has urged Islamabad to release a Pakistani physician who helped the United States find Osama bin Laden in Abbottabad on May 2 last year.

In an interview for an episode of “60 Minutes”, a programme run by the Colombia Broadcasting Service (CBS), Mr Panetta acknowledged that the doctor provided vital clues to the United States about Osama’s lair.

The revelation came on the heels of a Friday speech by Vice President Joseph Biden in which he disclosed that he had cautioned President Barack Obama against raiding Osama bin Laden’s hideout, but the president took the decision all alone.

Speaking at a conference of House Democrats in Maryland, Mr Biden said President Obama ignored his reservations and Leon Panetta, then CIA chief, was the only member of the inner circle who backed the president.

In the CBS interview, Leon Panetta said he believed Pakistani officials knew where Osama bin Laden was hiding before US Navy SEALs found and killed him on May 2, last year.

“There is a Pakistani doctor who, as we understand, was helping our efforts there, a man named Shakil Afridi, he is now being charged with treason in Pakistan and I wonder what you think of that?” asked the interviewer.

“I am very concerned about what the Pakistanis did with this individual. This was an individual who, in fact, helped provide intelligence that was very helpful with regard to this operation.

“And he was not in any way treasonous towards Pakistan. He was not in any way doing anything that would have undermined Pakistan,” Mr Panetta replied.

Dr Afridi ran a vaccination programme for the CIA to collect DNA and verify Osama bin Laden’s presence in the Abbottabad compound. Media reports claim that Islamabad had charged Mr Afridi, an employee of the Pakistan government, with treason for working for a foreign intelligence agency.

Mr Panetta headed the CIA when Dr Afridi worked for the agency. Pakistan has so far not issued any official statement on Mr Afridi’s whereabouts. “As a matter of fact, Pakistan and the US have a common cause here against terrorism, have a common cause against Al Qaeda, have a common cause against those who will attack not only our country but their country. And for them to take this kind of action against somebody who was helping to go after terrorism, I just think it is a real  mistake on their part,” said Mr Panetta.

“Should they free him?” the interviewer asked. “They can take whatever steps they want to do to discipline him, but ultimately he ought to be released,” Mr Panetta replied.

Reports in the US media quoted senior Pakistani officials as saying that they wanted to resolve the issue amicably. Pakistan would release Mr Afridi quietly to US custody, once media attention died down, the reports said. Asked if he believed Pakistani officials knew Osama was hiding in Abbottabad, Mr Panetta said: “I don’t have any hard evidence, so I can’t say it for a fact. There’s nothing that proves the case. But as I said, my personal view is that somebody somewhere probably had that knowledge.”

Mr Panetta said Pakistani military helicopters were reported to have passed over the compound where the late Al Qaeda chief was found. “I personally have always felt that somebody must have had some sense of what — what was happening at this compound. Don’t forget, this compound had 18 foot walls. … It was the largest compound in the area.

“So you would have thought that somebody would have asked the question, ‘What the hell’s going on there?’” Mr Panetta said.

The defence secretary also explained why Pakistani officials were not informed when the United States raided the compound.

“We had seen some military helicopters actually going over this compound. And for that reason, it concerned us that, if we, in fact, brought [Pakistan] into it, that — they might … give bin Laden a heads up,” he said.

Diplomatic observers in Washington say that Mr Panetta’s statement was aimed at exerting pressure on Pakistan to release Dr Afridi.

BIDEN EXPLAINS HIS ADVICE: Mr Biden said in his speech he advised President Obama not to carry out the mission because he believed “we have to do more things to see if he’s there”.

The vice president gave an insider account of the internal discussions in the White House before the order was officially carried out and praised Mr Obama as a person with a “backbone like ramrod”.

Mr Biden said that for a four-to-six week period early last year, only six people knew that Osama bin Laden might be hiding in Abbottabad.

When enough information finally surfaced, the president convened his national security staff on April 28.

“The president, he went around the table, with all the senior people, including the Joint Chiefs of Staff, and he said ‘I have to make a decision, what is your opinion’. He started with the National Security Adviser, the Secretary of State, and he ended with me,” recalled Mr Biden.

“He (Obama) went around the table with all the senior people. … Every single person in that room hedged their bet except Leon Panetta. Mr Leon said, ‘go.’ Everyone else said 49, 51 (percent in favour),” Mr Biden added. “It got to me. (Mr Obama) said ‘Joe — what do you think?’ I said, ‘You know, I didn’t know we had so many economists around the table.’ I said we owe the man a direct answer. Mr. President, my suggestion is don’t go.” “You end up having to make decisions based on the moon, will there be enough light. And we had to make a decision,” said Mr Biden.

According to the Vice President, Mr Obama left that meeting and said he would make the decision in the morning. “The next morning he came down to the diplomatic entrance, getting in a helicopter I believe to go to Michigan, I’m not positive for that. He turned to Tom Donilon (then national security adviser) and said “go,” Mr Biden related.

The Vice President was not the only person who had second thoughts about pulling the trigger.

Former defence secretary Robert Gates has also admitted he had reservations about the raid.

President Obama, Mr Biden argued, showed leadership. “He knew what was at stake. Not just the lives of those brave warriors, but literally the presidency, and he pulled the trigger,” Mr Biden said.

“This guy doesn’t lead from behind — he just leads.”

A Pentagon official told Fox News that Adm. Mike Mullen, who was chairman of the Joint Chiefs at the time, “certainly recognised the risk, but he did not hesitate in offering his advice that we should go.”

Another official said that Gen. James Cartwright, who was vice chairman of the Joint Chiefs at the time, was leaning against a raid and more toward an air strike in that final meeting.

Pakistan’s Political Drama Begs the Question:
What’s Next ?

FOR some years, Pakistan has been in the crosshairs of change, a change that is not acceptable to some, not enough for others, and too late for still others.

And that perhaps lies at the heart of our current political imbroglio political and state grandees are not ready to understand the true dynamics of change. If they do grudgingly, it`s from their own perspective, that is, at the cost of `rivals` whether these be persons, institutions or interests.

The mother of all changes, which has set off the process of the formation of a new power structure, lies in the spectacular constitutional reforms that the present parliament, for all its shortcomings, has brought about. The reforms have reset the configuration of powers.

Within parliament, the powers have slid to the National Assembly and Senate, leaving the traditionally pro establishment president toothless. Within the centre-province symmetry, the provinces have received more financial and administrative powers, hence the intensifying demand for more provinces. The elites seem more interested in finding new avenues of authority, away from the ramparts of a receding power that once rested in the powerful capital.

Within the state-society grid, it is society that has gained thanks to a host of new constitutional tools, particularly Article 19 A that has shattered the red-tapism to keep the public and media off the rulers` shenanigans. Article 25 A has given a new tool to civil society, rights campaigners and the common man to get the state, if need be through a vibrant judicial forum, to discharge its constitutional duty of ensuring free education to all children between five to 16 years of age.

Within civil-military relations, a democratic and constitutional dispensation has emerged as the consensus form of government. All organs of state are bound by constitutionalism. Hence, the chief justice reiterates his resolve to uphold democracy, notwithstanding the perceived failure of the government to deliver.

Even at the height of civil military tensions, the army chief vouches for constitution, which is clearly a healthy aberration from the past. The ever-divided political leadership is also united on it.

Given all these positive indicators, how come democracy continues to be in peril, and why are new theories being churned out as an alternative to `failed` democracy? It is because the constitutional changes are inherently disruptive; they many not necessarily augur well for all the actors of state and society. Often, some powers are pruned, and others, strengthened; some offices shed power while others gain authority, as dictated by the new constitutional order and the prevailing political culture.

Thus, constitutional change carries both the force of the past and the promise of the future. It is, therefore, a synthesis. But the synthesis follows an antithetic process, destroying all the barriers that come in its way.

Whether the destruction is peaceful or bloody depends on three factors. One, the socio-political environment, internal and extraneous; two, the relative strength of the resistance to the change that is long due and cannot be resisted any longer; and finally the catalysts of change, be it the political leadership, rights campaigners, judges, or common citizens like Mohamed Bouazizi, the Tunisian peddler whose self immolation triggered the `Arab Spring` Moreover, the change must conform to socio-political demands. In western societies political change was invariably preceded by economic and social transformation. By the 19th century, new capitalist and working classes had emerged to supplant the landed gentry allied with an omnipotent monarch.

Also, a culture of the sciences, technology, humanist literature and modern social, political and ecclesiastical approaches had long prepared the ground for modern democratic welfare polity. Yet, the change was not necessarily peaceful. The West confronted a number of revolutions, regicides and global conflagrations before a universal consensus on democratic polity was achieved.

On the contrary, in much of the colonial world, radical independence movements led by maverick leaders initially substituted the colonial powers. But most of these newly independent countries had authoritarian or totalitarian regimes.

A rather long and painful process of democratisation saw the removal of these regimes under a secondor third-generation leadership. The democratic trajectory of Latin America, East Asia and East Europe saw this trend during the last decade of the 20th century. And now much of Africa, the Middle East and South Asia are treading this path, though with varying degrees of success.

What is common to both East and the West is the observation that only a successful democracy is sustainable. Europe was plunged into the most horrendous world wars when democracy and newfound internationalism failed to mend social and political fissures. The rise of fascism and Nazism in Europe was the result of democratic failures as well as the industrial propertied classes` quest for protection Our propensity for allying with authoritarianism owes to the fact that while the powerful landed, business and bureaucratic elites are duly catered to by an undemocratic system, the overwhelming majority of lower and marginalised classes, the real repository of political power, have been over and again neglected by democratic and civilian rulers.

No wonder, the elite`s emphasis is more on governance, which means political stability and certainty of the law. Less stress is laid on social reforms, which means redistribution of wealth and power. The existing constitutional reforms, accompanied by judicial activism, have once again brought the possibility of `socio-political change`. But alas, the lacklustre performance of the democratic government has once again put this change in perils, and hence its own survival.

The writer is a lawyer.

National Assembly Votes in Autonomous Women’s Commission

Women demonstrators (Credit: dw-world.de)
SUCH are the paradoxes in Pakistan’s politics, that at a time our politicians are locked in a grim power struggle in Islamabad, the same gentlemen joined hands to pass unanimously the women’s commission bill last Thursday.

Whether this show of unity on a matter concerning women should be interpreted as an act of chivalry or a demonstration of ‘woman power’, it will be widely welcomed. One must, however, admit that it was the clout of the women’s caucus and the determination of the speaker — also a woman — to get the treasury and opposition benches to forge a consensus that ultimately carried the day. The bill is expected to have a smooth sailing in the Senate.

This certainly has been an uphill struggle. When the commission was set up in July 2000, it was widely felt that its mandate was too weak to allow it to function as an effective body. This view was confirmed in July 2001 when Aurat Foundation and Shirkat Gah organised an international conference where representatives from abroad briefed the participants about the powers wielded by similar bodies in their countries.

It became increasingly clear that the announcement made with great fanfare by Gen Musharraf was no more than a gimmick.

The National Commission on the Status of Women (NSCW) lacked the capacity to bring about the emancipation of women and the elimination of discrimination against them.

Hence it was demanded that the powers and independence of the women’s commission should be enhanced to optimise its performance. The participants of the Islamabad conference also called for greater transparency and accountability in the commission’s selection and working.

It took more than a decade and a lot of hard work and advocacy to get the government to consider a change in the status quo.

The new body with the simple nomenclature of the National Commission for Women will certainly have more teeth in some respects as compared to its predecessor. It will be autonomous with the power to raise its own finances. Its composition will be more representative. Thus a bipartisan parliamentary committee will give a list of nominees from which the prime minister will select the members.

The prime minister will appoint the chairperson with the agreement of the leader of the opposition. This would hopefully ensure that the working of the commission is not hamstrung by inter-party conflict. Autonomy should allow the commission to bypass the red tape of bureaucracy and proceed to take up issues it feels are urgent.

The bill adopted by the National Assembly is significant in another way. The commission has been empowered to take up complaints of violations of women’s rights and even hold an enquiry into the matter if it is not being attended to. It can also inspect jails to check on female prisoners. In effect it will have the powers of a civil court. The ordinance of 2000 did not grant this power to the NCSW which could only monitor such violations and individual grievances, and then undertake initiatives for better management of justice and social services through the concerned forums.

In respect of the commission’s power of reviewing and monitoring the laws, policies and programmes of the government in the light of their implications for gender equality, empowerment of women, political participation and representation, the new law upholds the provision of the previous ordinance. It can also recommend repeal, amendment or new legislation as its predecessor could do. As before, it is authorised to sponsor research and maintain a database on gender issues as well as recommend the signing or ratification of international instruments.

The catch in all these provisions is that the commission can only make recommendations. It has no power to enforce its own views. When Justice Majida Razvi was the chairperson of the NCSW she had the Hudood Ordinances reviewed and the commission very strongly recommended their repeal. Her appeal fell on deaf ears. It was only later that the injustice inflicted on women by the Hudood Ordinances was neutralised by adopting the Women’s Protection Law of 2006. Will an autonomous commission have more powers of implementation? Most unlikely.

India’s National Commission for Women has been described as a strong body and yet one of its former members, Syeda Hameed, writes in her book They Hang, “The stories I tell are, of course, stories of women abused and violated by men wielding brute power. But they are also about the National Commission for Women, the nation’s apex body for women vested with the power to summon the highest functionaries of the land and seek redress — yet it remains ineffective for the most part … Perhaps it was ignorable or ignorance combined with indifference, but the truth of the matter is that the commission’s reports and jurisdiction are not binding on anyone, and its jurisdiction stops at its front door.”

Our commission can expect no better treatment from the male-dominated administration. But there is still hope. If the chairperson is an active and experienced person as the incumbent (Anis Haroon) is, she can use her office to draw public attention to the issue that needs to be addressed.

Working in close liaison with women parliamentarians the National Commission for Women can make an impact on the laws.

In other words the battle has to go on. But every victory helps create greater awareness and should be used in the campaign to mobilise women at the grass-roots. That is where lies the strength of the women’s movement wherever it may be.

Reprinted from Zubeidamustafa.com

HRW Terms 2011 Disastrous for Human Rights in Pakistan

Human RIghts Watch (Credit:uniosil.org)
New York, Jan 23 – Pakistan’s fledgling democratic government, under increasing pressure from the military, appeased extremist groups, ignored army abuses, and failed to hold those responsible for serious abuses accountable in 2011, Human Rights Watch said today in its World Report 2012. Targeted killings and other attacks on civilians by the Taliban and sectarian and ethnic militant groups, as well as killings of journalists, were commonplace during the year.

Security deteriorated dramatically throughout the country as the result of suicide bombings by the Taliban and affiliated groups, which targeted civilians and public spaces, including marketplaces and religious processions. There was a dramatic increase in targeted killings in the southwestern province of Balochistan, while 800 people were killed in often politically motivated violence in Karachi. Law enforcement authorities made little attempt to resolve enforced disappearances of terrorism suspects and opponents of the military.

“The past year was disastrous for human rights in Pakistan,” said Brad Adams, Asia director at Human Rights Watch. “Bombs killed hundreds of civilians, advocates of religious tolerance were assassinated, and the military undermined democratic institutions. From Karachi to Quetta, Pakistan is teetering on the edge of becoming a military-run Potemkin democracy.”

In its 676-page report, Human Rights Watch assessed progress on human rights during the past year in more than 90 countries, including popular uprisings in the Arab world that few would have imagined. Given the violent forces resisting the “Arab Spring,” the international community has an important role to play in assisting the formation of rights-respecting democracies in the region, Human Rights Watch said in the report.

In Pakistan, persecution and discrimination under cover of law against religious minorities and other vulnerable groups reached a zenith in 2011, Human Rights Watch said. Freedom of belief and expression came under severe threat as Islamist militant groups murdered Punjab’s governor, Salmaan Taseer, and the federal minorities’ minister, Shahbaz Bhatti, over their public support for amending the country’s often abused blasphemy law. The government notably failed to provide protection to people threatened by extremists or hold the extremists accountable. Taseer’s self-confessed killer, Mumtaz Qadri, was convicted of murder, but the presiding judge had to flee the country amid fears for his safety.

Extremist groups exploited the government’s passivity by intimidating minorities and with an upsurge in blasphemy allegations and cases, Human Rights Watch said. Religious minorities, Muslims, children, and mentally disabled people have all been charged under the blasphemy law, which violates the right to freedom of conscience and religion under international law.

“Government appeasement of extremist groups who fomented Taseer and Bhatti’s murders has led to a rash of blasphemy allegations and well-justified fear for those who question the use of the blasphemy law,” Adams said. “The Pakistan government needs to summon the courage to stand up to extremists and hold those responsible for violence and threats to account.”

Journalists, particularly those covering counterterrorism issues or who are perceived to be taking public positions against the military, faced unprecedented threats. At least ten journalists were killed in Pakistan during the year. A climate of fear pervaded efforts by the media to cover the military, and militant groups with the result that journalists rarely report on human rights abuses by the military in counterterrorism operations. The Taliban and other armed groups regularly threatened media outlets over their coverage.

Saleeem Shahzad, a reporter for the Hong Kong-based Asia Times Online and for Adnkronos International, the Italian news agency, disappeared from central Islamabad on the evening of May 29. He had received repeated and direct threats from the military’s abusive Inter Services Intelligence (ISI) agency. Shahzad’s body, bearing visible signs of torture, was discovered two days later near Mandi Bahauddin, 130 kilometers southeast of the capital.

Following an international and domestic furor caused by the killing, a judicial commission was formed within days to investigate allegations of ISI complicity. In August, Human Rights Watch testified before the commission. The commission released its findings in January 2012, but failed to identify the perpetrators or exhaustively investigate the role of the ISI, which remains the principal suspect.

Despite widespread allegations of ISI and military involvement in coercion, abduction, torture, and killings of perceived opponents, including journalists, no military personnel have ever been held accountable for such abuses.

“Unless Shahzad’s murderers are identified and held accountable, media freedoms will decline even further in Pakistan as journalists operate in fear for their lives,” Adams said. “The government needs to bring charges wherever the trail leads, including to the ISI.”

The southern port city of Karachi experienced an exceptionally high level of violence during the year, with 800 people killed, Human Rights Watch said. The killings were carried out by armed groups backed by all the political parties with a presence in the city. The Muttaheda Qaumi Movement (MQM), Karachi’s largest political party, with heavily armed cadres and a well-documented history of human rights abuse and political violence, was widely viewed as the major perpetrator of targeted killings. The Awami National Party and ruling Pakistan People’s Party-backed Aman (Peace) Committee killed MQM activists.

Relations between Pakistan and the United States, long Pakistan’s most significant ally and its largest donor of humanitarian and military assistance, deteriorated markedly in 2011. Factors fueling the diplomatic crisis included the killing of two men by a CIA contractor at a Lahore traffic junction; the withholding of US$800 million in military aid to Pakistan; Pakistan’s alleged support for militants from the “Haqqani network,” a group that US officials accused of targeting the US Embassy and NATO troops in Afghanistan; the alleged harboring by Pakistan of Osama bin Laden and his killing by the US; and the November 26 killing during military operations of 24 Pakistani troops on the Afghan border by NATO forces.

The United States carried out about 75 aerial drone strikes during 2011 on suspected al Qaeda and Taliban members near Pakistan’s border with Afghanistan. These strikes resulted in claims of large numbers of civilian casualties, but lack of access to the conflict areas has prevented independent verification.

“Little is known about who is killed in CIA drone strikes in Pakistan and under what circumstances,” Adams said. “So long as the US resists public accountability for CIA drone strikes, the agency should not be conducting targeted killings.”

In November, Husain Haqqani, Pakistan’s ambassador to the US, was forced by the Pakistani military to resign his position after allegations that he was responsible for a secret memo delivered to senior US military officials seeking support for Pakistani civilian control of national security policy. Haqqani is now blocked from leaving Pakistan and has publicly expressed fear for his life. His lawyer, the prominent human rights defender and former UN human rights envoy Asma Jahangir, has expressed similar concerns and raised serious reservations about a lack of due process in the legal proceedings against Haqqani.

“The military has gained increasing control of state institutions to the detriment of the rights of the Pakistani people,” Adams said. “Civilian officials are now afraid to oppose the military on any key issues, making it increasingly difficult for the government tackle past and present rights violations by the military.”

Court Revives Investigation on ISI Money for Politicians

Air Marshal (Retd) Asghar Khan history.blogspot.com
ISLAMABAD: The Supreme Court on Monday fixed February 29 to hear the petition filed by Pakistan Tehrik-i-Insaf (PTI) leader Asghar Khan 16 years ago pertaining to Inter Services Intelligence (ISI) distributing money among politicians.

Meanwhile, the former ISI chief Gen. (Retd) Durrani submitted an affidavit confirming the accusation.

The petition has called upon the apex court to punish the politicians and political groups who have been receiving pots of money from the agency.

Various politicians had demanded the petition to be heard.

Air Marshal (retd) Asghar Khan, in 1996, wrote a letter to then chief justice Nasim Hasan Shah against former army chief Mirza Aslam Baig, former ISI chief Lt-General (retd) Asad Durrani and Younis Habib of Habib and Mehran Banks, relating to the disbursement of public money and its misuse for political purposes.

Aboard the Democracy Train Excerpt  (P. 27)

Elections Were the Tip of the Iceberg

As a guest of the interim Prime Minister Ghulam Mustafa Jatoi, I had witnessed how state funds and propaganda were used to defeat Benazir.  But I was still an onlooker, without inside knowledge of what had transpired in the inner circles. Then still an inexperienced reporter, I couldn’t guess how the establishment defeated the PPP, which, right or wrong, had the support of the masses.

In 1996, some clues emerged.  Retired Air Marshal Asghar Khan filed a case in the Supreme Court, alleging that the powerful secret service wing of the army – the ISI – had rigged the 1990 election. Based on Asghar Khan’s petition, former ISI chief, Lt. Gen. Asad Durrani took the stand in the Supreme Court and provided an affidavit that the army had indeed distributed Pkr 140 million (USD 1.6 million) to anti-PPP candidates, only a few months before the October 1990 election.

The anti-PPP candidates banded in the IJI comprised feudal, Islamic and ethnic parties that resolutely opposed Benazir’s populist rule. Subsequently, we learnt that the care-taker President Ghulam Mustafa Jatoi, who had stayed mum while Chip probed him – had actually taken PKR 5 million (USD 59,000) from the ISI. Meanwhile, Nawaz Sharif – who was ushered in by the military to succeed Benazir as prime minister – was revealed to have received PKR 3.5 million (USD 41,000) from the spy agencies.

Apparently, the army was so scared that Benazir would be elected back into power that their IJI coalition distributed state funds among various interest groups to prevent her return.

As I covered national politics, Asghar Khan talked to me in earnest, as though I was a player rather than a reporter. Then in coalition with the PPP, he told me that Benazir and Nawaz ought to unite to repeal Article 58-2(b). This was the constitutional clause introduced by Gen. Zia ul Haq that allowed presidents like Ghulam Ishaq Khan to dissolve the assembly.

Although, I shared Asghar Khan’s desire for principled politics, it surprised me that he seemed clueless about Benazir’s approach of doing whatever it took to return to power.

Violence Puts Brake on Foreign Investment in 2011 – State Bank of Pakistan

KARACHI, Jan. 17: Pakistan received $386.6 million in foreign direct and portfolio investment in the last six months of 2011, a fall of 64 percent from one year earlier, the State Bank of Pakistan (SBP) said on Tuesday.

In the July-December 2010 period, investment totalled $1.06 billion, a statement from State Bank of Pakistan said.

During 2011, violence in Pakistan’s biggest city and commercial hub Karachi, a Taliban insurgency in the country’s northwest and chronic power shortages have put off long-term investors, analysts say.

“A combination of security and economic issues have put off investors from investing in Pakistan,” said Mohammed Sohail, chief executive at Topline Securities Ltd.

Out of the total investment, foreign direct investment fell 37 percent in July-December 2011 to $531.2 million from $839.6 million in the final six months of 2010, the State Bank of Pakistan said.

During the last six months of 2011, there was a net investment outflow of $144.6 million, compared with a net inflow of $221.5 million in July-December 2010, the central bank said.

Néw Media Protests Demonstrate Impact on US Congress

Google Protest

WASHINGTON, Jan. 18 — Online protests on Wednesday quickly cut into Congressional support for online antipiracy measures as lawmakers abandoned and rethought their backing for legislation that pitted new media interests against some of the most powerful old-line commercial interests in Washington.

A freshman senator, Marco Rubio of Florida, a rising Republican star, was first Wednesday morning with his announcement that he would no longer back antipiracy legislation he had co-sponsored. Senator John Cornyn, the Texas Republican who heads the campaign operation for his party, quickly followed suit and urged Congress to take more time to study the measure, which had been set for a test vote next week.

By Wednesday afternoon, Senator Orrin G. Hatch, Republican of Utah and one of the Senate bill’s original co-sponsors, called it “simply not ready for prime time” and withdrew his support.

Their decisions came after some Web pages shut down Wednesday to protest two separate bills, the Stop Online Piracy Act and the Protect Intellectual Property Act. The Stop Online Piracy Act was written by Representative Lamar Smith, the Texas Republican who is chairman of the House Judiciary Committee. Senator Patrick Leahy, the Vermont Democrat who is chairman of the Senate Judiciary Committee, drafted the Protect Intellectual Property Act.

Protests organized in the real world drew far less attention. A rally convened in Midtown Manhattan outside the offices of Senators Charles E. Schumer and Kirsten E. Gillibrand, who co-sponsored some of the proposed legislation, drew a few hundred protesters.

Members of Congress, many of whom are grappling with the issues posed by the explosion in new media and social Web sites, appeared caught off guard by the enmity toward what had been a relatively obscure piece of legislation to many of them. The Senate’s high-tech expertise was mocked in 2006 after the chairman of the Commerce Committee, Senator Ted Stevens of Alaska, called the Internet “not a big truck” but a “series of tubes” — an observation enshrined in the Net Hall of Shame.

In reaction to the pending legislation, the online encyclopedia Wikipedia went dark. Google’s home page had a black banner across it that led to information blasting the bills.

Such new-media lobbying was having an impact.

“As a senator from Florida, a state with a large presence of artists, creators and businesses connected to the creation of intellectual property, I have a strong interest in stopping online piracy that costs Florida jobs,” Mr. Rubio wrote on his Facebook page. “However, we must do this while simultaneously promoting an open, dynamic Internet environment that is ripe for innovation and promotes new technologies.”

Mr. Rubio has outsize influence for a junior senator entering his second year in Congress. He is considered a top contender for the vice presidential ticket of his party’s White House nominee this year, and is being groomed by the Republican leadership to be the face of his party with Hispanics and beyond.

Mr. Cornyn posted on his Facebook page that it was “better to get this done right rather than fast and wrong. Stealing content is theft, plain and simple, but concerns about unintended damage to the Internet and innovation in the tech sector require a more thoughtful balance, which will take more time.”

The moves on Capitol Hill came after the White House over the weekend also backed off the legislative effort.

“While we believe that online piracy by foreign Web sites is a serious problem that requires a serious legislative response, we will not support legislation that reduces freedom of expression, increases cybersecurity risk or undermines the dynamic, innovative global Internet,” White House officials said.

With the growing reservations, a bill that passed the Senate Judiciary Committee unanimously and without controversy may be in serious trouble. Senator Harry Reid, the majority leader and Democrat of Nevada, has scheduled a procedural vote on the Leahy version for early next week, but unless negotiators can alter it to satisfy the outraged online world, no one expects it to get 60 votes.

“I encourage Senator Reid to abandon his plan to rush the bill to the floor,” Mr. Rubio wrote on Facebook. “Instead, we should take more time to address the concerns raised by all sides, and come up with new legislation that addresses Internet piracy while protecting free and open access to the Internet.”

Indeed, a senior Senate Republican leadership aide said the Senate version of the bill was dead in its current form, and bipartisan negotiations had begun to revise it considerably. Senators from both parties want to address the Internet piracy issue, but they acknowledged that concerns raised by Google and its online partners would have to be addressed.

At issue is how the bills deal with “DNS filtering.” Web site addresses are converted by the Internet’s domain name server system from typed words into computer language to bring a user to a specific Web site.

The Congressional bills would allow the Justice Department to seek injunctions to prevent domestic Internet service providers from translating the names of suspected pirate sites; the legislation would also require search engines such as Google not to display suspected sites on search results. In effect, the bills would make search engines the enforcers of a law they oppose.

Congressional negotiators are looking at radical revisions to the DNS provisions, but lawmakers may decide the resulting legislation is too neutered to pursue, aides from both parties say.

Support for the legislation on Capitol Hill eroded throughout the day. Another Republican co-sponsor of the Senate bill, Roy Blunt of Missouri, withdrew his support in the early afternoon. Other senators who issued concerns about the legislation as written included Republican Senators Mark Kirk of Illinois and Jim DeMint of South Carolina. Senator Scott Brown, Republican of Massachusetts, had said on Tuesday that he would vote against the measure.

Mr. DeMint called the proposed legislation “misguided bills that will cause more harm than good.”

“In seeking to protect intellectual property rights, we must ensure that we do not undermine free speech, threaten economic growth, or impose burdensome regulations,” he said in a statement.

The media industry has been pushing for a legislative response to online piracy for some time. Groups like the Motion Picture Association of America and the Recording Industry Association of America, as well as giants like News Corporation, are practiced at old-time lobbying — hiring big-name Washington personalities like the former senator Christopher J. Dodd and contributing to campaign funds.

Mr. Dodd, who is now chairman and chief executive of the motion picture association, forcefully denounced the shutdowns in a statement issued on Tuesday.

“Only days after the White House and chief sponsors of the legislation responded to the major concern expressed by opponents and then called for all parties to work cooperatively together, some technology business interests are resorting to stunts that punish their users or turn them into their corporate pawns, rather than coming to the table to find solutions to a problem that all now seem to agree is very real and damaging,” he said.

In the Tea Party era of grass-roots muscle, though, the old school was taken to school, Congressional aides and media lobbyists agree.

“The problem for the content industry is they just don’t know how to mobilize people,” said John P. Feehery, a former Republican leadership aide and executive at the motion picture lobby. “They have a small group of content makers, a few unions, whereas the Internet world, the social media world especially, has a tremendous reach. They can reach people in ways we never dreamed of before.

“This has been a real learning experience for the content world,” Mr. Feehery added.

Commission Fails to Pin Responsibility in Journalist Murder Case

guardian.co.uk.com

Karachi, Jan 14: That the judicial commission’s report on Saleem Shahzad’s murder is inconclusive should not be surprising, experts say. Its shortcoming lies in its very foundation – the formation of a ‘judicial panel’ to investigate a murder.

The judicial commission’s failure to point out the murderers of journalist Saleem Shahzad was expected, said Coordinator of the Committee to Protect Journalists’ Asia Programme Bob Dietz.

“I know a lot of journalists had pressed for the judicial panel, but the report now clearly shows that it hasn’t been able to serve its purpose of pointing out the murderers,” Dietz said while speaking to The Express Tribune via phone.

The judicial panel shouldn’t have been tasked with uncovering the murderers of Saleem, simply because this required expertise that they didn’t possess to begin with, Dietz said.

“This is basically the job of the police who are trained to investigate murder cases. In fact it is only because of the inability of the police and the government to uncover the truth that the panel was entrusted with this job,” he said.

Dietz suggested the case should have been investigated by a panel similar to the one that had been formed in the aftermath of Daniel Pearl’s murder in Karachi. “In Daniel’s case, real police work was done by experts in their fields. This led to the arrest of several suspects and eventually some of them were sentenced and sent to jails.”

When asked what was the way forward if the police investigators were vary of probing into a case that allegedly involved senior intelligence agency officials, Dietz proposed that then the media itself would have to do the job of exposing the murderers.

Senior Analyst Mazhar Abbas said he found the report “interesting” and recommended all journalists to go through it “from an academic point of view.”

Abbas pointed out a number of missing links in the commission’s report. For example, he says, the IGP Islamabad’s testimony has not been included in the report to clarify the important point about how Saleem’s vehicle was able to move out of Islamabad all the way to Jhelum without anyone in the police taking notice: “When Saleem was reported kidnapped, did the police pass on a message on their wireless control system about the disappearance?”

Also, he said, that while the commission leaves the door open about the motive and people involved in the incident, it is clear that normally militant groups claim responsibility for their attacks.

“If even for the sake of argument we assume that the Ilyas Kashmiri group was behind the murder [as stated as one of possibilities in the report], then what was stopping them from claiming the attack on Saleem,” he asked.

Pulitzer prize winning author Dexter Filkins, who had written an article in The New Yorker about Shahzad’s death titled “The Journalist and the Spies”, stood by the revelations he had made in his article.

In his piece, Filkins not only connected the dots between Shehzad’s death and militant commander Ilyas Kashmiri’s killing in a drone attack, but also spoke of senior American officials, who alleged that the orders to kill Shahzad came directly from the top army brass.

When asked to comment on the commission’s report, Dexter said in an email: “I’m going to let my article speak for itself.”

ISI’s Brigadier Zahid Mehmood Khan, in his written testimony to the commission mentioned in the report, had lambasted Filkins for his piece.

Published in The Express Tribune with the International Herald Tribune, January 14th, 2012.

Remembering Saleem Shahzad – Tribute to a slain colleague

(Credit: indiatoday.com)

It was Saleem Shahzad’s dedication to investigative reporting and his fascination for the crime-beat that foremost stands out in my memory. Come evening and the slender young man, then working for the affiliate Star newspaper, would enter the Dawn reporters room to compare notes with the crime reporter. His style was single-minded and purposeful – rechecking facts to supplement hours of news gathering for the next day’s paper.

Some 20 years later I saw him again on television. To my shock and horror, his face was mutilated and eyes punched in. It was a stark message, made even more brutal because of its bold display by the electronic media. Investigative journalists who dared report on the murky links of militant outfits in Pakistan, would meet the same fate. The intrepid journalist was not unaware of the dangers. Human rights groups told that for the two days he went missing last May, he had informed them of threats received from the state agencies.

It was a time of flared tempers in Pakistan. On May 1, US Navy Seals had secretly descended in Abbotabad to pick up Al Qaeda’s number one, Osama Bin Laden – found living near a military academy. Unruffled by the international embarrassment caused to Pakistan by that incident, Saleem went on to report on the attack carried out on Mehran Naval base in Karachi – naming ex naval officials for their alleged links to the militants.

His professional development had taken him from being a crime reporter to an international expert on proliferating militant outfits in the region. He had inside information on how Uzbek war lord Tahir Yuldeshev had grown influential within Pakistan – acting on behalf of Al Qaeda to cement the Tehrik-i-Taliban Pakistan. It was material that Saleem gathered for his book `Inside Al Qaeda and the Taliban,’ – which would provide encyclopedic knowledge on the post 9/11 scenario in the region.

Being an insider, Saleem hobnobbed with militants in a manner that invited real dangers. In 2006, he was kidnapped by the Taliban in Afghanistan and almost killed on charges of being a spy. When he returned and told me why he had been incommunicado, I called out to him to be careful. He laughed and said, “nothing will happen.”

Saleem’s murder would have a palpable effect on colleagues. As news came in that his tortured body had washed up on the banks of Mandi Bahauddin (some 80 miles from Islamabad) my colleagues told me in hushed tones about an incident that had clearly hurt close to home.

Then, Pakistan’s vibrant media went into action, mobilizing a Tsunami of support to demand that Saleem’s killers be exposed. They held a sit-down strike in Islamabad – dispersing only until the government promised to set up a commission to get to the bottom of who kiled Saleem Shahzad

Eight months later the commission, led by a Supreme Court judge has delivered its verdict. But, despite 41 witnesses, hundreds of e-mail and phone messages, the 146 page report says it was unable to identify the perpetrators of the crime. Instead, it has called on the Islamabad and Punjab police to continue searching for those responsible.

While the similarities between slain US journalist Daniel Pearl and Saleem Shahzad are unmistakable, the differences have grown even more stark. While Pearl’s killers were exposed and some brought to trial, in Saleem’s case no one has even been identified – let alone punished.

Indeed, no sooner had the commission failed to pinpoint to the accused, when a reporter working for US media – Mukarram Khan Atif – was shot and killed in Khyber Pakhtunkhwa. It gave ammunition to journalist bodies to criticize the commission for its failure to name names in Saleem’s murder.

Bottom line. The commission’s recommendation that there should be “greater oversight of secret service agencies,” is as current as the clash between military and civilian institutions being played out today… and as age-old as the problems that have plagued Pakistan from its inception.