[sacw] SACW Dispatch #1 | 15 Sept. 00

[Harsh Kapoor]

South Asia Citizens Web Dispatch #1
15 September 2000
http://www.mnet.fr/aiindex

#1. Bangladesh: Trial on perpetrators of 1971 genocide is What We Want
#2. Pakistan: Contextualizing devolution 
#3. Pakistan: General Returns to Face Restive Clerics
#4. India: An Open Letter to the Chief Minister of Maharashtra 
#5. Is India putting all its eggs in the US basket? 
#6. Statement made by the All India Christian Council, Hyderabad
#7. India: Bombay Textile Mills Workers Housing Tenants meeting
#8. September issue of the-south-asian

--------------------------------------------

#1.

Daily Star Home 
Editorial Page 
Volume 3 Number 373 / Thu. September 14, 2000

TRIAL IS WHAT WE WANT

IF the publication of Hamoodur Rahman Commission's supplementary report has
stirred the hornet's nest in Pakistan it has exercised the Bangladeshi mind
to demand a trial of the perpetrators of genocide unleashed on our people
in 1971.

We want a trial not out of any sense of vindictiveness but out of an
anxiety to see that justice is done to the victims living or dead of the
crime against humanity enacted here by the then Pakistani ruling junta with
their local cohorts. If we let them off in spite of the disclosures of the
Hamoodur Rahman Commission report and the massive incriminating and stark
evidence we ourselves have in hand of the genocide, we shall be doing a
patent disservice to the norms of civilised human conduct. Furthermore, we
would like to see the genocidal episode indelibly recorded on the pages of
history through trial proceedings for the sake of posterity. 

There is a 21st century perspective to it as well. After the Nuremberg
trial one had noticed a certain tapering of the concern over pogrom but
lately with the ethno-centric genocide in Bosnia and Ruwanda receiving
international attention 'crime against humanity' is high on the global
agenda again, and rightly so. The recent verdict on Pinochet is also a case
in point. Whether it is a crime committed by a collection of individuals or
a single individual, an international legal framework, national legal
instruments and a framework of public awareness are all there to be pressed
into service to try and punish them.

Precisely, who do we want to be tried? The answer is: military personnel
for their blatant violation of Geneva Convention and also their barbarous
misconduct vis-a-vis whatever remnants of federal authority they were
supposed to be exercising in the then East Pakistan. Under the pale of such
a trial, of course, would come the pernicious conduct of the local
collaborators.

To our Pakistani brethren let us make it abundantly clear that it is
certainly not directed against them. On the contrary, it is entirely
focused on trying the criminals of 1971. It is not intended at all to
denigrate either the Pakistan government or the people of that fraternal
country. In fact, we would call upon the people and government of Pakistan
to join us in our bid to have a trial of the reprehensible culprits of the
genocidal infamy.

While endorsing Prime Minister Hasina's call for apology by Pakistan we do
not think it is sufficient because of the implication it holds for the
exoneration of the criminals of 1971. A trial is indispensable. Public
opinion should be created in Pakistan and Bangladesh so that it can be held
at an early date.

______

#2.

DAWN
14 September 2000
Op-Ed.

CONTEXTUALIZING DEVOLUTION

By Kaiser Bengali

THE military took over the reins of power in October 1999 and promised a
range of reforms and measures to put the country back on the rails. Eleven
months down the road, it has little to show for its tenure so far. General
Musharraf's military administration started with a vigorous campaign for
recovery of defaulted bank loans. 

The drive fizzled out with less than 10 per cent of the stated amount
recovered. Within weeks the issue disappeared from the administration's
agenda and from the newspaper headlines. Other crusades - drawing in the
Bara traders into the tax net and procedural amendments to the blasphemy
law - ended in outright failure. 

On the issue of extending GST to retail trade, the administration has been
reduced to pleading with the traders with offers of one concession after
another. The macroeconomic situation is turning bleaker by the day, with
foreign exchange reserves down to less than three week's imports.
Unemployment and inflation are turning into a situation of abject despair,
symbolized so painfully by the growing epidemic of suicides. 

Under the circumstances, the Musharraf administration's fetish with its
devolution plan is understandable. It is its only 'action' to show for. And
in any case, good governance and devolution are popular catch phrases of
the times with the general public and, more importantly, with the donor
community. However, the single-minded zeal with which devolution has been
pursued leads one to suspect that there is perhaps a hidden agenda beyond
or even other than mere good local governance. After all, the Musharraf
administration is not the first the military administration in Pakistan to
develop a fixation with local government. 

Generals Ayub Khan and Zia-ul-Haq have tread the path earlier. A postmortem
of their policies in this respect have revealed that their motivations were
simple: to divert and expend political steam at the local levels, throw up
a new leadership to challenge the national and provincial political
leadership, weaken the established political parties, and secure the
military's hold over the state and government. What the present
administration's motivations are deserves a close analysis. 

Decentralization or devolution has been accepted the world over for its
many positive aspects. The process must, however, be properly designed and
implemented if it is to provide the desired political and economic
benefits. Improperly designed and applied, decentralization can have
serious adverse implications. In Pakistan's context, any devolution plan
must fulfil four prerequisites. One, it must define the new relationships
between federal, provincial and local tiers of the state and within the
local tiers itself. Two, it must identify the tier where devolved local
authority is to be located. Three, it must designate the functions/services
which are to be devolved. And four, it must draw up a fiscal plan to ensure
that political autonomy is not cancelled out by lack of fiscal autonomy. 

The four elements need to be part of a conceptual framework. The
administration's devolution plan, generally known as the NRB plan, appears
to be lacking in all these respects. The plan bypasses the key issue of
federal-provincial relations. It does not provide a coherent rationale for
the level to which devolution is to be taken or the functions/services
which are to be devolved. And there does not appear to be a fiscal plan
beyond transfers from the provincial government. 

The process of devolution has been underway in Europe and South America for
about two to three decades. Their experience has been well documented and
the literature provides a list of dos and don'ts in the process of
implementing a devolution plan. One of the priority dos is that in federal
states, provincial/state autonomy precedes local autonomy or where local
autonomy has been granted, it has been in the context of provincial/state
autonomy. The NRB plan violates this precept. All the subjects being
transferred to the district governments are provincial subjects. Not one
single federal subject or function or service is being transferred. And no
federal subject is being transferred to the provinces. Similarly, the
entire fiscal burden of devolution will be borne by the provinces. Not a
single federal tax base or revenue source is being transferred to either
the province or to the districts. 

Operationally, the first task in the devolution exercise is to determine
what level to decentralize to, i.e., the place of local government as the
third tier in the federal hierarchy. Theoretical literature in this respect
is fairly well developed and there is sufficient international experience
to provide considerable guidance. There are issues of critical mass,
geographical spillovers, economies of scale, economies of scope, cost
efficiency, service efficiency, externalities, equity, and so on. In the
light of the above criteria, the existing architecture of local government
in Pakistan appears to be in what may be described as a state of
'institutional anarchy.' 

However, the NRB plan is likely to further compound the confusion in an
already crowded field by adding village councils and community development
boards to the roster of local bodies. they village council is likely to be
unfeasible as, in many parts of Sindh, Balochistan and Kohistan (Hazara),
the village is not necessarily an integrated community entity. Some
villages are single household entities and some, comprising of nomads, are
also mobile. The community development boards would constitute an unelected
anachronism in a sphere of representative local democracy. 

If conceptually rational considerations are followed, a two-tier local
government structure may be postulated: an upper tier, which meets the
critical mass and economies of scale considerations, and a lower tier,
which meets the economies of scope, service efficiency and equity
considerations. In the given situation, the district does not appear to be
a viable unit of local government administration and the division and union
councils appear to be more rational choices for the upper and lower tiers,
respectively, of local government. 

The second task in the devolution exercise is the allocation of functions
to the local level. Here again, theoretical literature provides excellent
guidance. Services, which cross jurisdictional boundaries, must lie in the
domain of higher level governments. Thus, national defence has geographical
spillovers across the whole country and has to be centralized, while
changing street light bulbs can be decentralized down to the individual
lane level. The NRB plan is wanting in this respect as well. For example,
irrigation has been decentralized to the district level. A canal passes
through several districts and it is clear that there are geographical
spillovers. Different levels of maintenance of a canal over different
stretches will play havoc with the system as a whole. 

Further, there does not appear to be a logical relationship between the
size of the local government unit and the functions being devolved. There
are few functions with zero geographical spillovers or small economies of
scale. Thus, if the size of the local government unit is small, the range
of functions assigned to it must also be necessarily small. Conversely, if
the range of functions are large, the size of the local government unit has
to be larger. The NRB plan violates this axiom. 

More than half the districts in the country have a population of less than
one million. There are some very small districts as well. In the NWFP,
Hangu has a population of just a little over 300,000 and Tank has a
population of less than 240,000. The average population size of districts
in Balochistan is 250,000 and there are districts like Barkhan and Kohlu
with less than 100,000 people. Ziarat has a population of only 33,000. 

Most of the districts outside the irrigated belt do not have the economic
base to be fiscally viable or the human resource base to set up a
functioning administration. Yet, the districts have been entrusted with a
wide range of functions. It is highly unlikely that the demographically
small and economically weak district-level local governments will be able
to discharge the heavy burden of responsibilities they have been entrusted
with. The net casualty in this respect will be the quality of local
governance, which is unlikely to improve. 

The NRB plan, it appears, has not only paid insufficient attention to the
issue of structural balance, but is also largely silent on the fiscal
front. Far more has been said about electoral procedures and the procedures
for functioning of local entities than about the functions they will
perform. A line-by-line assessment of the latest version of the plan
released on August 14 reveals the relative priorities of the Musharraf
administration. The assessment shows that about 75 per cent of the document
is devoted to election modes and procedures, modes of removal of
office-bearers, and modes of functioning of elected bodies; about 10 per
cent is devoted to the structures of local government; and 5 per cent each
to the functions to be performed and to fiscal issues. 

The relative stress on local elections as against the crucial issues of
institutional and fiscal viability perhaps betrays the fact that the
motivations of the administration are no different from that of its earlier
military predecessors. General Zia's sole motivation was to divert
political energies and to create a new breed of local leadership to
challenge the national political leadership. The model proved to be
enormously successful. The leadership generated through local bodies
elections was channelled by the ISI into the formation of the IJI and then
the Muslim League, which successfully displaced the Peoples' Party as the
dominant political force. 

Zia's 'children' have now come of age and, thus, there is a need for the
military establishment to repeat the tried and tested model for displacing
the now-established political leadership. Perhaps, the Musharraf
administration too aims at using the smokescreen of good local governance
to divert and expend political steam at the local levels, to throw up a new
leadership to challenges the national and provincial political leadership,
weaken the established political parties, and secure the military's hold
over the state and government. This time around, though, there appears to
be a new element to the agenda: to emasculate the provinces, so as to
ensure that there is no challenge to central power bases. 

______

#3.

South China Morning Post
Thursday, September 14, 2000

PAKISTAN
GENERAL RETURNS TO FACE RESTIVE CLERICS

RORY McCARTHY in Islamabad 

Military ruler General Pervez Musharraf returns home from the UN summit
today to face growing criticism from powerful Islamic clerics. 

Some of the staunchest opposition to the military regime, which seized
power in a coup 11 months ago, has come from the religious right, which has
blocked reform after reform. 

Now General Musharraf, under pressure from the West to curb terrorist
groups, wants to modernise teaching in madrassah (Islamic schools). 

With literacy levels at just 45 per cent, according to the most optimistic
government statistics, education is a pressing problem. In rural areas of
Baluchistan, the most backward province, fewer than one in 10 women can
read and write. 

But the clerics refuse to give up the influence they wield over the roughly
500,000 children who study at their schools, most learning to recite the
Koran by heart in Arabic. 

"The United States wants to be the supreme power in the world and it knows
that these madrassah are the hurdles in its way, so they put pressure on
the Government," said Sami-ul Haq, a hardline cleric who runs the Darul
Uloom Haqqania, north of Islamabad. "But the madrassah is not just the
building. If the United States closes down one madrassah we will build
thousands more under every tree." 

Many former pupils of his madrassah, one of the largest in Asia, went on to
fight with the Mujahedeen against the Soviets in Afghanistan and are now
fighting against Indian rule in Kashmir. Others are among the leaders of
Afghanistan's Taleban. 

After 53 years of military rule alternating with corrupt civilian
governments, Pakistan was now ready to become an Islamic state like
neighbouring Afghanistan, said Mr Haq. 

"We want an Islamic state and if the pressure from abroad increases then we
will achieve our goal sooner. The politicians failed, the military failed,
now people in this country are looking for a religious leader." 

Other powerful clerics have voiced similar warnings. 

"I think this military Government has achieved nothing," said Qazi Hussain
Ahmad, head of Jamaat-e Islami, the largest religious party. 

"We will have an Islamic revolution but it will be within the law." 

Few Pakistanis, however, voted for the religious parties when they had the
chance. The clerics' power has always lain in their influence on those in
power and the fear that they might bring students from the thousands of
madrassah in Pakistan out on to the streets. 

It was the religious leaders' vocal opposition that forced General
Musharraf to back down earlier this year on his proposal to make a slight
procedural change to the country's long-criticised blasphemy law. The law
is often misused to target religious minorities, particularly Christians. 

Then the religious parties backed shopkeepers in their continued opposition
to a new income survey and the introduction of a new sales tax. 

Clerics want the weekly holiday switched back from Sunday to Friday and
some have begun to criticise the work of non-governmental organisations,
accusing them of trying to convert poor Pakistanis to Christianity. 

In speeches to Pakistanis in New York during the UN summit, General
Musharraf did not hide the scale of the problem. 

"Individually we are brilliant but collectively we are a disaster," he said
in one speech. "We should not squabble or be jealous of one another. We
need to be together. We should suppress our egos for the benefit of
Pakistan." 
______

#4.

14 September 2000

AN OPEN LETTER TO THE CHIEF MINISTER OF MAHARASHTRA 

To
Sri Vilasrao Deshmukh,
Honourable Chief Minister of Maharashtra 
India

Dear Sir, 

When a delegation of Mumbai citizens, constituted of leading members of a
number of grass-root and mass organisations committed to uphold secular and
democratic values, met you on the last 7th August, they came out in high
spirits, satisfied with your reassurance as regards your commitment to
implementing the Srikrishna Commission Report, which had brought out in
some details the various aspects of and recommended a number of remedial
measures as regards arguably the most shameful chapter in the history of
Mumbai, i.e. the communal riots of December 92 & February 93, in which even
as per official figures more than eight hundred lost their lives and
unspeakable brutalities were perpetrated in the name of faith and community. 

You had given the following assurances: 

1. The 3 main recommendations of the Srikrishna Commission viz.:

(a) Immediate compensation to the families of missing persons, 

(b) Legal action against the 31 indicted policemen and 

(c) Re-opening the 1358 closed A Summary cases will be implemented. 

2. The existing ATR, which condemns the Report as one-sided, will be
unambiguously rejected. 

3. These two affirmations, and your acceptance of the Report in toto
including all its findings and recommendations, will be categorically
incorporated in the affidavit to be filed in the Supreme Court. 

However, it now appears that those have been just empty promises. 

Your government's affidavit filed in the Supreme Court on September 1 comes
as a nasty surprise. For not only does it repeat verbatim, the defence of
the Mumbai police force as ``secular and impartial'', which was put forward
in the ATR prepared by the previous Shiv Sena-BJP government, it actually
quotes from the previous government's circulars to substantiate the claim
that the Commission's long-term recommendations have already been
implemented. 

Indeed, the only aspect on which your government differs from the previous
one is in your resolve(!) to criminally prosecute two policemen of the 31
indicted by the Commission. 

Here, it bears recounting that in an open inquiry in which all sides had
their say, Justice B N Srikrishna found the Mumbai police force to be
communally biased against Muslims. The judge singled out 31 policemen as
deserving of strict legal action for their acts of omission and commission.
The previous government appointed a committee of bureaucrats to examine the
charges against these 31. 

We are amazed to find that this committee of bureaucrats, operating from
behind a solid screen of confidentiality, actually rejected the judge's
findings, based on an open and public enquiry and substantiated by
painstaking recording of the facts, against 10 of the 31 policemen, on the
grounds that the charges are ``general'', ``the act done was in discharge
of (his) duty'', ``the firing was not unjustified'' , ``there is no
dereliction of duty on their part'', and last but not the least, ``there
was no substance in the charge against him''. 

It is absolutely shocking that contrary to your explicit assurances in this
regard your government has opted to adopt this perfidy of your predecessor
as your own. And, logically enough, there is no mention in the subject
affidavit either of rejection of the earlier ATR or the acceptance of the
Commission's Report. This is nothing short of a treacherous betrayal. Even
more so, if we remember that not only you had personally promised full
implementation of the Report to at least three delegations of Mumbai
citizens, but it was also one of the major planks on which your party and
your coalition partners campaigned in the last election.

Doubts naturally arise whether you have opted to skilfully dodge your
commitments in order to keep the possibility open of allying with the
fascist and communal forces in future, as you had done in the past, in case
the intrigues within your own party push you in that direction. But we must
warn you that in the process you are only going to lose whatever
credibility you still have and thereby what you are considering as a
masterly act of hoodwinking and balancing is only going to prove a sorry
and shameful act of political hara-kiri. 

So, we do urge you, even at this late stage, to step back from the brink
and retrieve the residual credibility of yours and that of the government
you lead by publicly spelling out your acceptance of the Report and its
detailed implementation schedule during the forthcoming hearing of the case
in the Supreme Court, to be held on 26th of this month, and immediately
initiating actions as regards disbursement of compensation to the family
members of the missing persons, re-opening of the closed A Summary cases
and speedy trial of the errant police persons. This is the last chance that
you are left with to redeem your honour and serve the cause of justice and
democracy. 

Thanking you,

Yours sincerely 

J.B.D'Souza (Ex-Chief Secretary, Govt. of Maharashta), Dr. Asghar Ali
Engineer (C.S.S.S.), K.L.Bajaj (CITU), Flavia Agnes (MAJLIS), A.D.Golandaz
(AITUC), Pervin Jehangir (NAPM), Anand Patwardhan (Film Maker), Dolphy
D'Souza(VOTE), Prof. Uday Mehta (EKTA), Haseena Khan (Aawaaj-e-Niswan),
Pushpa Mehta (UTUC), Shakeel Ahmad (Nirbhay Bano), Vasudevan (TUSC) and
others.

_____

#5. 

Siddharth Varadarajan argued that the Indian government's US focus is a 
product of its primary concern for Pakistan and cross-border terrorism. 
Varadarajan also argued that despite India's belief that the US has the 
greatest clout in South Asia, the India's regional neighbors are better 
potential allies.

"Is India putting all its eggs in the US basket?"
http://www.timesofindia.com/080900/08indi38.htm

_____

#6.

Statement made by the All India Christian Council, Hyderabad dated September
13, 2000 in the wake of prime minister, Atal Behari Vajpayee's hobnobbing
openly with sangh parivar organisations during his recent visit to the
United States.

Text of the Statement:

Christian Council asks Chief Minister Naidu and other NDA allies to take
stock of the Sangh campaign in the US and the confession of the Prime
Minister to an exclusive Sangh gathering that he would always be a RSS man.

Christian Council says that they are not surprised by the Prime Minister's
admission but were concerned at the gullibility of the NDA allies to think
that the Sangh Parivar had given up their agenda and dream of One Nation,
One People and One faith and One Culture which would end up destroying
secularism and democracy in the nation.

Council once again raises the demand for a white paper on all foreign
funding and wants to know how much the VHP and the" friends of BJP" send
into India from the U.S. for achieving the Sangh objective.

Statement released by Rev. Dr. G. Samuel, President, Andhra Pradesh
Christian Council, Dr. Joseph D' Souza, President, All India Christian
Council, Mr. David Simeon, President, Karnataka Federation of Christian
Organisations and John Dayal , National Vice President, All India Catholic
Union, New Delhi & Dr. A. Vijaya Kumar, President, CBCA

The Christian Community in India has followed with interest the VHP campaign
in the so called "Christian"-( which they so much hate!)- US to achieve
respectability and credibility first at the World Peace Summit and now
through the meeting with the PM in US where he has admitted that he will
always remain an RSS man. This only confirms his 1995 statement that the
Sangh is his soul. The Prime Minister has now said this on foreign soil
where he was as the head of the Indian government and not as a member of the
RSS. The Prime Minister's statement that if he had the Parliamentary
majority that he would implement the dream of the Sangh- of building the
temple and fulfil the objectives of Hindutva - has indeed removed the mask
The VHP leaders in America and the "Friends of BJP" who control much of the
money that is being poured into the Sangh Parivar activity in India are very
pleased with the Prime Minister's open confession.

Page 2 of 1 Pages - Press Statement of All India Christian Council on
13/9/ 2000

The people in India especially the minorities and the backward castes are
deeply worried about this open admission of the goal of implementing the
neo-Nazi ideology of the Sangh in a pluralistic, democratic and secular
India. Further this statement comes at a time when Indian Christians have
been terrorized in States like Gujarat, UP and as Indians are not free to
confess they are Christians.

In a statement the Christian Council has asked the Chief Minister N.
Chandrababu Naidu who is one of the major partners of the NDA alliance if
the RSS version of India is also the India of his dreams? The statement
further said that 'the strategy of the Parivar is clear... use the NDA
alliance to build the base for the majority it requires to finally fulfill
it's agenda. The appointment of Bangaru Laxman as BJP President and his
calling Muslims as "flesh of his flesh" is a move in the same direction.
Neither the Sangh nor the PM have changed after achieving power at the
Centre. The Christian community and the minorities which has been subjected
to various acts of violence and hate campaign can expect little justice from
a government whose leaders openly express their solidarity with the Sangh,"
the statement said.

Leaders of the Christian Council have maintained in the past that the Sangh
Parivar is the recipient of huge amounts of "foreign money" to further their
objective of "cultural nationalism" in India. By amending certain sections
of the FCRA the present government has made it very easy for the Sangh to
receive any amount of money through NRI sources which now do not come under
the ambit of the FCRA. At the same time NGOs who want to serve the poor and
backward castes are being squeezed out by the recent draconian amendments.
"This government has one set of rules for one group of citizens and another
for the rest including the minorities." The Council statement reminded the
government that it had asked for a white paper on all the money coming into
India from foreign sources including money for the Sangh Parivar's
activities.
Signed
Dr. Joseph D' Souza Mr. John Dayal

_____

#7.

Mumbai Girni Chawl Bhadekaru Sangharsh Kriti Samiti
7/ 60, Spring Mill Chawl
G D Ambekar Rd
Naigaum, Dadar, Mumbai 400014.

11 September 2000

Dear Friend,

The controversy regarding textile mill lands in Bombay has engaged 
the attention of all sections of society in recent times. Trade 
unions and textile mill workers have been waging a battle to prevent 
the closure of the mills and sale of mill lands and the subsequent 
large-scale loss of jobs while mill owners and builders have been 
demanding the right of closure and free sale and development of mill 
lands. The local people have been demanding that their rights to 
housing and jobs be an integral part of any development plans in this 
locality.

Side by side with the issue of the mills and mill lands the issue of 
the tenants who have been staying in the chawls erected on the land 
belonging to mills has come to the fore. As the lure and possibility 
of 'development' grows, mill owners have been trying to evict the 
tenants who have been living in these chawls for generations. The 
tenants who have been maintaining and repairing the chawls on their 
own money and responsibility are asking that their rights be 
recognised.

The recent direction of the Bombay High Court is significant. The 
Court has asked the state Government to consider the issue of the 
tenants along with the formulation of policy with regard to mills and 
mill land.

We feel that this question affects not only mill chawl tenants but is 
an issue that concerns the whole city, linked as it is with the Rent 
Act, with the question of urban spaces and the sale and development 
of mill land

To discuss these issues we are inviting you to a meeting on Sunday, 
September 17th, at Bhupesh Gupta Bhavan, Leningrad Chowk, Prabhadevi, 
near Ravindra Natya Mandir, Mumbai, from 9.30 am to 12.30 pm.

We are inviting tenants, trade unions, citizens' committes, 
architects, housing activists and anyone else who is interested in 
the issue. Please be present to participate in the discussion.

In solidarity,

Datta Iswalkar
President

Kisan Salunkhe
General Secretary

_____

#.8

The September issue of the-south-asian is on the net. The URL is
www.the-south-asian.com

The contents include articles on Tibet, Generation 2000 of Music Gharanas,
M.S. Oberoi, Anjoli Ela menon, Pakistan's Art Galleries, Mike Pandey's Green
Oscar nomination on Whale Sharks, and several others.

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