SACW | July 25-26, 2008 / Waiting for New Nepal / Pakistan: Fascist threat / India : Bush-Singh Deal; rudderless NREGA ; activists at risk

Harsh Kapoor aiindex at gmail.com
Fri Jul 25 18:48:18 CDT 2008


South Asia Citizens Wire | July 25-26, 2008 | 
Dispatch No. 2544 - Year 10 running

[1] Waiting for 'Naya' Nepal (Rita Manchanda)
[2] Pakistan under the threat of fascist advance
   (i) Media Has To Protect Itself Now (Najam Sethi)
   (ii) CPJ's letter to the Prime Minister re threat from Lal Masjid Cleric's
  (iii) Pakistan must cure itself of the Taliban (Ziauddin Sardar)
[3] India - US Nuclear Deal: Commentary
   (i) Another "Bipartisan" Victory for Bush-Singh Deal (J. Sri Raman)
   (ii) Apartheid, war and bribery (Jawed Naqvi)
[4] India: NREGA - ship without rudder? (Jean Drèze)
[5] India: Trail of violence: rights activists at risk (Mukul Sharma)
[6] UK: This crackdown on forced marriage is not all it seems (Rahila Gupta)

______


[1]

Economic and Political Weekly
July 19, 2008

WAITING FOR 'NAYA' NEPAL

by Rita Manchanda

The April 2008 mandate notwithstanding, the 
Nepali people are still waiting for the formation 
of a government and the initiation of the process 
of constituting a "naya" Nepal. The forces of the 
status quo have rallied around G P Koirala and 
the Nepali Congress and are blocking the Maoists 
from taking over the reins of government. How 
long will the people have to wait for the agenda 
of a naya Nepal to  get off the ground?

In making "Peace After War" the con- sensus in 
the international post-con- flict discourse is 
that the "rebels" are given a chance to take 
power in the proc- ess of post-conflict 
stabilisation. As for  Nepal's Maoists, in April, 
they won a sig- nificant popular mandate to lead 
the youngest republic in the shaping of a radi- 
cally different society and polity. Yet, three 
months later, there is still no new government in 
place to reflect the changed power equations; the 
historic constituent assembly (CA) has yet to 
begin framing the laws of a new Nepal.

Digging in their Heels

The old guard - the political parties that had 
presided over Nepal's flawed experi- ment with 
multiparty democracy under the shadow of the 
palace - the Nepali Congress (NC) and the 
Communist Party of Nepal (Unified 
Marxist-Leninist) [CPN (UML)] - are digging in 
their heels. Prime minister Girija Prasad Koirala 
(86), at this stage should have been basking in 
the iconic status of a statesman, for his his- 
toric role in bringing the Maoists into the 
democratic fold and presiding over the peaceful 
transition. Instead, he is being derided as the 
"spoiler". On June 26, he was constrained to 
announce his resigna- tion, but till a president 
can be elected to whom he can submit his 
resignation, it is business as usual with the 
caretaker Nepali Congress-led "government" and a 
Maoist government-in-waiting, both ready ing 
preparations for the presen tation of the annual 
budget in a few weeks.

The issue of who should be the head of state has 
been a major point of contestation, with the 
Communist Party of Nepal (Maoist) [CPN(M)] 
obliged to accept that their electoral mandate (a 
third of the house) does not entitle chairman 
Pushpa Kamal Dahal alias Prachanda, to claim both 
head of state and head of government.  Meanwhile, 
the Koirala camp has been  insisting that the 
apostle of democracy in Nepal should be the first 
president. The Maoists fear, and with reason, 
that this would be a recipe for the emergence of 
a parallel centre of power. To complete the murky 
politicking, inspired leaks have appeared in the 
press - the Nepal Army (still accustomed to being 
the Royal Nepal Army) does not want a Maoist 
commander-in- chief (C-in C) and is rooting for 
Koirala. A "mysterious list of 'suggestions'" was 
sent to political parties indicating the Nepal 
Army's supposed political priorities.  After 
weeks of a "slug-fest" highlighted in the media, 
a way-out was found - the CA would vote for who 
shall occupy what public offices - president, 
speaker, etc.  Also, the rules of the functioning 
of the CA drafted by the old parties when they 
expected to be in driving seat, are to be changed 
- decisions, including no confi- dence motion, 
will be decided by one-third majority and not as 
before by a two-thirds majority. And stapled on 
to the fifth amendment of the interim 
constitution is the decision to dismantle the 
paramilitary trappings of the Maoist Young 
Communist League, the highly controversial "third 
force". As for the second force, the 19,600 
soldiers of the People's Liberation Army (PLA) in 
the UN-supervised cantonments, there will be a 
time bound plan for the  integration of the 
soldiers in the state army and security forces.

But, the process of passing the fifth amendment 
has been stalled for nearly two weeks in the CA 
by protesting members of the Madhesh-based 
political par- ties. On the basis of campaign 
slogan of "one Madhesh, one Pradesh" to right the 
discrimination and marginalisation of the people 
of the Terai, the Madhesi parties had garnered a 
surprising 20 per cent of the seats in the CA. 
They were insistent about including the demand 
for an "autonomous" Madhesh "province" and 
Madhesh representation in the army. Not 
unexpectedly, it has prompted the Terai's other 
minorities - the Tharus and Rajbhansis to take to 
the street with competing claims.

It raises the larger issue of pre-empting the 
CA's role in shaping the  federal re-structuring 
of the state of Nepal, but such democratic 
proprieties have got lost in the ugly struggle 
for power.

Nepalis are discovering that it is easier to get 
rid of the 239 year old monarchy, the symbol of 
old feudal structure, than the "imperial" prime 
minister, Koirala who Rita Manchanda 
(ritamanchanda2003 at yahoo.  co.in) is a 
journalist, who has written extensively on human 
rights and the role of women in peace-building, 
and is with the Kathmandu- based South Asia Forum 
for Human Rights.

is poised to emerge as the rallying point for the 
status quo forces. Admittedly, though, even in 
the case of the monarchy, as Nepali journalist 
Prashant Jha observed, "the monarchy continued 
its twilight  existence two years after the Jana 
Andolan II (People's Movement) step by step 
stripped the king of his powers". The palace 
tried to stoke up disturbances, tempted by the 
protracted wrangling of the democratic forces and 
the uncertainties that dogged the road map to the 
CA. There were bomb blasts in Kathmandu and 
violence in the Terai, where people are believed 
to be more sympathetically inclined towards the 
king. Traditionally, the monarch has mediated the 
proble matic relationship between the hills and 
the Terai.

Till the very last minute, the palace, the army 
and the prime minister were involved in frantic 
negotiations to salvage
some role for the king. According to 
well-informed sources, the (Royal) Nepal Army was 
itching to provoke a confrontation with the 
Maoists soldiers, and there was a spurt in minor 
incidents involving the armies, even the orders 
were said to have been issued, when the United 
Nations Mission in Nepal (UNMIN) which is 
mandated to "manage" the forces, quashed such 
adventurist plans.

Finally, on May 28, at the first sitting of the 
CA, but at the eleventh hour, the elected 
representatives abolished the monar- chy, and the 
republic was born. On June 11, king Gyanendra who 
learnt to his dynasty's cost that the "Nepali 
people (did not) want a king who can be seen and 
heard", finally quit the Narayanhiti Palace, 
leaving to the republican state his sceptre and 
crown, to become an ordinary Nepali citizen - 
Gyanendra Shah.

Stake in the Status Quo

The symbol of the old order is gone, but the 
array of forces with a stake in the status quo - 
the Kathmandu elite, the institution of the army, 
the right-wing interest groups - are by no means 
defeated, as evident in the throwing up of one 
obstacle after another to block the emergence and 
now functioning of the CA. In the CA, with more 
than 60 per cent of the newly elected members 
associated with left-oriented politics, the 
writing is ominously clear, as regards land 
reform, social justice and the redistribution and 
participatory politics agenda. Moreover, the CA 
is an exceptional rarity in Nepal's politics, it 
is truly inclusive and truly representative of 
the country's multi-ethnic, multi-linguistic, 
multi-caste, multi-regional profile. It breaks 
out of the mould of Nepal's socio-political 
culture of "institutionalised exclusion", 
dominated by the Bahun, Chhetri hill elite to the 
marginalisation and exclusion of the majority * 
women, janajati, dalit and Terai peoples.

The 601 member CA elected by a mix of 
first-past-the-post (FPTP) and proportional 
representation comprises as many as 25 parties 
with the Maoists leading with a third and the NC 
and UML trailing behind.  The elected body 
comprises janajatis - 34 per cent, women - 33 per 
cent, Madhesi - 20 per cent, dalits - 9 per cent 
and the Muslims - 3 per cent. Reflecting the 
esprit of the awakened sense of people's power, 
there is a huge billboard hanging on one of the 
main state buildings depicting dalits' storming 
the seat of governance. The caption reads, "The 
state belongs to us.  We should be a part of it". 
It is important to remind ourselves that dalits 
who comprise 12 per cent of the population, were 
almost entirely "missing" from parliament and 
through the 15-year multi-democracy period, only 
once had a representative.  In the gender index, 
Nepal has outstripped all the countries of the 
region as regards women's representation, and 
ranks 14th in the world. The CA is a motley group 
with Pratibha Rana of the royalist party RPP and 
her daughter, Arzu Deuba of NC side by side with 
the CPN(UML)'s Savita Chadhuri, a former bonded 
labourer.  She is the vice-chairperson of Bhumi 
Adhikar Manch. Her sister still lives by washing 
dishes, her brother is a day  labourer, and she a 
member of the CA that is to frame the destiny of 
Nepal on an agenda radicalised in the furnace of 
struggle. 

Radicalisation of Youth

Over the last decade or so, the template of 
Nepali politics and society has got radically 
restructured, as evinced in even a diehard 
royalist like the former prime minister Surya 
Bahadur Thapa voting "Republic" in the CA. 
Ironically, even from Bhaidrakali, the 
headquarters of the Nepal Army, some 200 votes 
went to the Maoists. Analysts of the Nepali 
scene, largely, have tended to overlook the 
radical socio-political structural changes 
brought about during 10 years of the Mao- ist-led 
"People's War". Indeed, this down- playing of the 
political mobilisation and radicalisation of 
youth and especially women, during the 10 years 
of militarised struggle, may be one of the 
reasons why so many got the April elections 
wrong.  Kathmandu-based commentators tend to 
exclusively emphasise the "peaceful" people's 
movement in April 2006, which undoubtedly was a 
triumph of people's power. It gave the final 
push, toppling the autocratic king, and paved the 
way for the revival and reconfiguration of 
democratic politics, now expanded to include the 
CPN(M). The road map has been full of de- tours, 
setbacks, breaks and even near collapse as the 
Seven-Party Alliance (SPA) entered into a 
dialogue with the Maoists, and developed a 
consensus articulated in a series of agreements - 
November 2005: the consensus on realising "full 
democracy"; November 2006: Comprehensive Peace 
Agreement; January 2007: Interim Constitution; 
April 2008: elections to the CA, May 2008: 
Republic. 
It has been a unique achievement that has enabled 
the CPN(M), to shift from militarised politics 
towards a strategy of "peaceful revolution"; to 
work through a democratic constitutional politics 
to transform the socio-political structure of the 
Himalayan kingdom. However, as Baburam Bhattarai, 
the deputy leader of the party reminded us - the 
base was laid during the 10 years of "People's 
War". That phase saw the emergence of women as 
important political protagonists. Newly inducted 
CA member, the social scientist Hari Roka, noted 
during the election campaign, the huge presence 
of women at rallies, a stark contrast to their 
extremely thin presence during the 1999 
elections.  He recalled how struck he was by the 
political consciousness of women while 
travelling, much before the elections, in the 
remote rural mountainous areas of Humla. There 
was a 72-year old woman of the house busy cooking 
for him, half listening to his conversations with 
her husband, when suddenly she remarked, "do you 
think Koirala will let it happen?" She proved to 
be more prescient than many.  The old guard's 
initial gracious acceptance of the Maoist victory 
has given way to obduracy and aspersions about a 
"stolen victory". Moreover, the argument bruited 
about in Kathmandu elite circles goes thus - "the 
Maoists got just over 30 per cent of the votes, 
and that too with a voter turn out of only 60 per 
cent. This means that the non-Maoists represent 
80 per cent of the population". More 
disappointing has been the return to old style 
Kathmandu politics, characterised by an 
oligarchic cabal cutting secret deals.  Wherein 
lies the difference when you have three hill 
Bahuns - Koirala (NC), Khanal (CPN-UML) and now 
Dahal [CPN(M)] closeted in Baluwater, the prime 
minister's official residence, working out 
compromises. What difference does a truly 
representative CA make if it is to be reduced to 
a rubber stamp? The Madhesi leaders have reason 
to be disgruntled about their exclusion. As Bipin 
Adhikari, a senior lawyer commented in The 
Kathmandu Post, "what matters to this group 
(producing one logjam after  another), is a 
guarantee against the assembly itself - its 
powers to frame the  issues, discuss them through 
the active participation of the people..." 
Already, one-eighth of the two-year period set to 
draft the constitution has lapsed.

Increasing Anarchy

"Our problems are domestic, not international", 
said Hisila Yami, a senior CPN(M) leader and 
former minister of works in the interim 
government. Ironically, most of the international 
players are eagerly pushing for the realisation 
of the democratic mandate, and so be it, if it is 
a government led by the Maoists. Post- conflict 
stabilisation models prescribe that the "rebels" 
should be given a chance in running democratic 
politics. As regards India, left and socialist 
forces have been in the forefront of crafting a 
democratic consensus for peace. Official India, 
having abandoned its twin pillar policy of crown 
and multiparty democracy, had actively pushed for 
elections to the CA and the democratic 
denouement. The results as former Nepal 
ambassador Shiv Mukherjee, a little 
disingenuously said "are imma terial". However, 
on the eve of the elections, the national 
security adviser, M K Narayanan, in a television 
interview indiscreetly revealed India's 
preferences for a NC victory. Since then, the 
Indian diplomatic establishment has been quick to 
accept the surprise victory of the Maoists. Shyam 
Saran, a former Nepal ambassador and the 
organiser of the Indo-Nepal Patna exchange in 
May, clarified India's position: "It is for the 
Nepali people to deliver a verdict on who should 
govern them and in what manner".  The problem is 
that Nepal is still wait- ing for a government. 
Meanwhile, all around there is increasing anarchy 
and mounting chaos. In the last week of June, 
Nepal was paralysed by no less than eight 
disrupting strikes and protests. A section of the 
Armed Police Force (APF) mutinied over poor 
living conditions. The fuel price hike saw an 
outcrop of protests - a transport cartel declared 
a bandh and tourist buses were stoned in Pokhara; 
students took to the streets in protest at rising 
bus fares, vandalising the chief justice's car; 
gas station owners and taxi service providers 
went on strike for days; high school students 
imposed a 'chakka jam' over the delayed delivery 
of school textbooks; civil servants went on a 
flash strike because one of their own was locked 
up in a toilet by the Maoist minister of forests, 
Matrika Prasad Yadav for gross corruption; and, 
as for us in Kathmandu, the garbage piled up and 
up as the controllers of the landfill site 
withheld permission even if there chanced to be 
trucks to move the garbage. All around corruption 
has become an every day affair as there are no 
checks, except the vigilantes of the Maoist YCL 
and the CPN(UML)'s newly minted "Youth Force" to 
expose corrupt officials. With no government, the 
law and order agencies are whistling away while 
crime stalks the land. In the violence prone 
Terai, the latest victim is the civil rights 
activist Govind Pande, murdered by an anonymous 
criminalised militant group. It follows upon the 
rape and killing of several women activists.

Lawlessness sans Government

In this hiatus of lawlessness sans government, 
the Kathmandu media is full of re- ports of the 
YCL's continuing coercion and highhanded 
behaviour, including abductions, extortions and 
their intimidating and beating up people. The 
difficulty of transforming a militarised force 
accustomed to meting out a rough and ready 
justice, into an accountable democratic force was 
dramatically highlighted by the abduction of 
Kathmandu-based business- man Ram Hari Srestha, 
and his murder in a PLA cantonment managed by the 
UN.  The evidence implicates the PLA cantonment 
commander.

The crucial question of security sector reform 
has not been touched in these last two years 
despite the commitment in the Comprehensive Peace 
Agreement (November 2005) to "professionalise" 
the PLA and "democratise" the Nepal Army. The 
fifth amendment to the constitution pro- vides 
for the "integration" of the 19,600 odd soldiers 
of the PLA within six months.  (There is also the 
question of the "inclusion" of the neglected 
region of Madhesis in the Nepal Army.) Quite 
evidently, there can be no two armies and the PLA 
is a highly politicised military force. Hsila 
Yami, believes that once the political decision 
is taken about absorption in various security 
agencies, the rest is a "technical" matter.  But 
is it?

During this two-year interregnum, the political 
parties have been loath to con- front the issue 
of security sector reform and the democratisation 
and downsizing of the army. Moreover, in the 
midst of the prevailing uncertainty and anarchy, 
the army stands tall as the strongest institution 
remaining. The army has success- fully bullied 
the political parties in not meddling with it or 
the army chief. For ex- ample, general Katwal 
carries a baggage of human rights abuses but that 
has conveniently been glossed over. Indeed, the 
proposed Truth Commission will provide for a 
virtual amnesty (to both sides) for "gross human 
rights abuses" committed in the line of duty. 
Neither is there any "vetting" process that has 
been put in place to exclude gross violators.

The army chief, general Roopmangad Kautwal used 
the occasion of the 50th anniversary of Nepal's 
participation in UN peacekeeping, to publicly 
assert a hands off policy on the institution of 
the Nepal Army. On June 12, the army chief held 
up the force as "the only centripetal force in 
Nepal. That is why we strongly believe that in 
the name of democracy, the army's purity, 
sanctity and integrity should not be 
compromised", he said. Earlier, the Royal Nepal 
Army functioned under the palace's direction; 
today, the Nepal Army virtually functions 
independently of any checks and balances. The new 
National Security Council that was established by 
the "restored" parliament in 2006, was never set 
up and the understaffed defence ministry is 
nothing more than a post office for the Nepal 
Army. The only oversight exercised is in the form 
of the meetings between prime minister Koirala 
and the army chief. As the bastion of democratic 
politics in Nepal, Koirala's relationship with 
the royalist army has been a problematic one. 
This became more so after the July 2001 Holeri 
incident, when Koirala as prime minister called 
out the army against the Maoists and the army 
refused to act. Koirala resigned. But necessity 
makes strange friends and there seems to be a 
strange alliance of convenience.  For the present 
though, the political alignments are still fluid, 
and the possibility of working through a 
consensual process to draft the new constitution 
has as yet not been vitiated by a polarisation of 
politics. According to Shyam Srestha, editor of 
the influential monthy Mulyankan, the Maoists are 
still hoping to take the NC, with them. He 
claimed that reports of a done deal between the 
Maoists and the CPN(UML), that would isolate 
Koirala, were deliberately being planted in a 
section of the press. However, the longer the 
political gridlock persists, and given the high 
stakes involved, it could take weeks, the more 
likely that it will produce a polarised polity. 
Will it mean that the Maoists will align with the 
Madheshi group or will it be the CPN(UML), the 
third party that will hold the balance?
Patience of the Nepalis

What is astounding is the patience of the Nepali 
people. "People understand that structural change 
takes time", explained CA member Hari Roka. "They 
know that they have given a fractured mandate", 
he said. "Outside Kathmandu, the Nepali state has 
had so little impact on the day- to-day lives of 
the people, that the protests and strikes over 
price rise and the disruptions have no meaning 
for their lives. In any case, at this time of the 
agricultural year, people are busy sowing and 
planting", he said. However, the looming signs of 
a food emergency, do not make for complacency 
about the continuing absence of a government and 
a budget. International food aid agencies say 
that 41 per cent of Nepal's population does not 
get enough to eat.

Taking a long view of Nepal, Shyam Srestha, 
refuses to be pessimistic. In the last two years, 
at every stage, the NC leadership has tried to 
hold back change - formation of an interim 
government, the elections to the CA, the 
emergence of a Re- public and federal 
restructuring. But the agenda for change is 
unstoppable because of three reasons, Srestha 
claimed - (i) a radicalised youth cadre of all 
political  parties, (ii) awakened consciousness 
of the people through mass mobilisation and media 
technologies like FM radio, and  (iii) a strong 
civil society that has shown that it has the 
capacity to come forward whenever there is a 
crisis.
The question, remains - how long will the people 
wait for the power games in Kathmandu to subside 
so that the agenda for change can begin to be 
tackled? The forces opposed to change have reason 
to be anxious and expectedly will do everything 
to delay the process, even after the first hurdle 
of government formation is crossed.


_____


[2]  Pakistan: The Daily Advance of Fascists

(i)

Mail Today
25 July, 2008

MEDIA HAS TO PROTECT ITSELF NOW

by Najam Sethi

First it was The Friday Times. Then it was Daily 
Times. Now it is Daily Aajkal. All three national 
papers that I edit are at the receiving end of 
credible threats from radical Islamists to change 
their editorial policies which oppose 
Talibanisation and jihad and espouse liberal, 
democratic, progressive and humanist values, or 
else. The Taliban have forcibly stopped the sale 
of Daily Aajkal in FATA and hurled menacing 
warnings at the paper in Peshawar. The latest 
incitement to violence against me and the papers 
comes from the mullahs of the Lal Masjid and 
their network in Islamabad and Punjab. The 
pretext is a cartoon in Aajkal of Umme Hassan, 
the fiery wife of jailed Lal Masjid leader 
Maulana Abdul Aziz, which shows her teaching the 
virtues of jihad and kidnapping to her students. 
This is a reference to her statements on the need 
to wage violent jihad and the kidnapping of five 
Chinese from a local massage parlour carried out 
by her Lal Masjid activists last year, an act of 
vigilantism that provoked a strong protest from 
the Chinese government. Mrs Hassan claims the 
Aajkal cartoon is blasphemous like the Danish 
cartoons. But by so insisting, she is putting 
herself on the same pedestal as the Prophet of 
Islam, (peace be upon him), which is truly 
blasphemous. Actually, she cannot stand the 
thought of being the object of satirical comment 
even though her brand of radical politics is much 
more objectionable than that of most politicians 
who are daily lampooned by the media. The only 
difference is that, while politicians take such 
cartoons in their stride as they should according 
to the rules of the democratic game, the 
self-righteous radical clerics are prone to use 
violent means to stifle dissent or adverse 
comment.

This is what did in Algeria and in Egypt where 
hundreds of journalists were assassinated in the 
1990s because they dared to oppose their brand of 
extremist politics. In the world of today where 
information is delivered on the second into every 
house via cable or satellite, everyone needs to 
be on the right side of the media. The government 
wants airtime to expand its point of view. The 
opposition wants a more than equal opportunity to 
disagree. Civil society wants to take on both. 
Other pressure groups representing parties, 
students, labour, women, minorities etc all want 
to be heard and seen demanding their rights. Even 
the media uses its own platform to demand its own 
set of rights that include the right to 
information and the right to expose corruption in 
government or mischief in opposition. In short, 
the media is at the core of society today. Two 
issues constantly arise - the extent of media 
freedom and its relationship with media 
responsibility. There are no hard and fast rules 
except one: media freedom ends only where someone 
else's freedom is violated. This media "freedom" 
is defined by well known laws like the law of 
defamation and the law of contempt. But there is 
almost always a small print in the constitution 
that restricts media freedom where the "national 
interests" of the state are concerned. In such 
cases, the first determinant of what constitutes 
the national interest is the state or government 
while the final arbiter is the judiciary which is 
the custodian of the constitution. Attacks on the 
media are of two kinds. The government of the day 
can try and silence media critics by intimidation 
and media owners by arbitrary repressive action 
designed to hurt their commercial interests. In 
recent times, two major repressions stand out in 
particular. Nawaz Sharif lashed out at the Jang 
Group and The Friday Times in 1999. And General 
Pervez Musharraf pulled the plug on a number of 
TV channels in 2007, wounding the Geo/Jang group 
the most. Both strategies have been used against 
the Pakistani media in the past, with varying 
degrees of success in the short term but 
inevitable failure in the long term as Mr Sharif 
and General Musharraf can testify. Interestingly, 
in recent times non-state actors, especially when 
they are armed with weapons and/or passionate 
ideologues, are increasingly interacting with the 
Pakistani media with a view to "using" it or 
"exploiting" it for the propagation of their 
ideas and interests. But serious problems tend to 
arise when any section of the media doesn't agree 
with their policies or seeks to expose their 
narrow interests or anti-state positions. In 
democratic societies, the law takes its course 
for the resolution of such disputes or 
differences of opinion. But in non-democratic 
societal cultures, like that of Pakistan, such 
nonstate actors are often inclined to use threat 
of violence or actual violence to silence media 
critics or affect editorial policy changes to 
suit their goals.

The classic example that used to be given in 
Pakistan about non-state actors using violent 
means and direct threats to bring the media in 
line was that of the MQM in Karachi. The MQM is a 
cadre based ethnic party that has a criminal and 
fascist record even though it is avowedly 
secular. But the media has managed to survive 
despite its violent threats and practices. 
However, the media is now faced with the spectre 
of another violent non-state actor. This is 
radical extremist fundamentalist religious belief 
that goes under the name of "political Islamism". 
It is self-righteous, self-obsessed and 
intolerant. Various armed groups professing jihad 
and Talibanism are now trying to capture the 
imagination of the free media and mould it 
according to their view and version of world 
events. They are doing this largely by invoking 
fear and retribution. How should the media react 
to this latest threat to its integrity? The 
primary responsibility of protecting the media 
lies with the armed state. But where the state 
abdicates such responsibility, either because it 
has a dubious strategic relationship with such 
non-state religious groups or because it cannot 
defend and enforce its writ against them because 
of internal weaknesses, both of which are 
relevant in the case of the Pakistani state, the 
media has no choice but to band together and 
close ranks despite internal strains and stresses 
of personalities, egos and commercial interests. 
Indeed, when elements of the media are attacked 
thus, it is time not only to boycott the 
propagandistic activities of such non-state 
actors but to openly criticise them at every 
opportunity. When journalists can routinely 
threaten to boycott politicians and proceedings 
in parliament, and agitate against government for 
not accepting their demands, why can't they unite 
and do the same to these religious vigilantes 
when they physically threaten any of them?

The writer is editor of The Friday Times (Lahore)

o o o

(ii)

July 18, 2008

Prime Minister Yousaf Raza Gillani
c/o Ambassador Husain Haqqani
3517 International Court
Washington, DC 20008

By facsimile: 202 686-1544

Mr. Prime Minister:

We are deeply concerned about the safety of the 
staff of the Urdu-language Daily Aaj Kal 
newspaper. According to Najam Sethi, the paper's 
editor-in-chief, clerics at the Lal Masjid mosque 
in Islamabad have repeatedly issued inflammatory 
statements aimed at the newspaper and its staff. 
The accusations leave them vulnerable to attack 
by militant groups at a time when civil violence 
is on the rise.

Sethi is a respected journalist who was awarded 
CPJ's International Press Freedom Award in 1999. 
He is also editor-in-chief of Aaj Kal's 
English-language sister paper, the Daily Times.

According to Sethi and numerous media reports, 
Lal Masjid clerics and their supporters assembled 
in Islamabad on July 11 following the one-year 
anniversary of the siege there by government 
forces. Your government has said that 102 people, 
including 11 security personnel, were killed in 
the siege.

On July 9, Aaj Kal published a cartoon depicting 
Umme Hassan, wife of cleric Abdul Aziz, who had 
been jailed after last year's fighting. The 
cartoon showed her calling for resistance among 
her followers and their children, according to 
local news reports that describe the cartoon. 
Hassan, who had led the women's branch of the 
well-known seminary, which police closed after 
last year's raid, is on record making statements 
similar to the ones the cartoon portrays, 
according to Reuters.

Hassan and other groups affiliated with the 
mosque demonstrated on July 11 against the 
cartoon and the broader anti-extremism and 
anti-terrorism editorial policy of Aaj Kal.

Hassan held a press conference on Monday in 
Islamabad in which she characterized the cartoon 
as an affront to Islam equivalent to the Danish 
cartoons ridiculing the Prophet Muhammad 
published last year, according Sethi. On 
Wednesday, Hassan attended a mullah's conference 
in Lahore and repeated strong statements 
classifying the newspaper as anti-Islamic, Sethi 
said. She has "accused us of blaspheming and 
including us in the category of anti-Islamic 
elements who attacked the Lal Masjid a year ago. 
Those people are now the target of suicide 
bombers," Sethi said.

Following the July 11 demonstration, anonymous 
callers threatened staff in the paper's Islamabad 
offices. They warned us "not to test their 
patience," Sethi said. After Wednesday's 
statements, more threats were called in to Aaj 
Kal offices in Lahore, according to Sethi. The 
paper has offices in Islamabad, Lahore, and 
Karachi.

CPJ takes these threats very seriously. Made in 
the context of the widespread civil unrest and 
violence in Pakistan, anyone who is considered an 
enemy of the mosque's supporters, particularly 
those who work for a civilian media organization, 
is at great risk. We feel it is imperative that 
your government take immediate steps to protect 
journalists and media outlets who dare to take 
openly critical stances, even when it comes to 
criticizing clergy.

We note that Minister of Information Sherry 
Rehman and Punjab Chief Minister Mian Shahbaz 
Sharif have condemned the threats, according to 
Pakistani news reports, and that Minister Rehman 
has promised to help increase the paper's 
security at its offices. We urge you to ensure 
that all steps necessary to ensuring the safety 
of the newspaper's staff are taken, and that 
these threats are fully investigated and 
addressed under the law.
Sincerely,


Joel Simon
Executive Director
The Committee to Protect Journalists

o o o

(iii)

New Statesman
24 July 2008

PAKISTAN MUST CURE ITSELF OF THE TALIBAN

by Ziauddin Sardar

The Taliban have given an ultimatum to Pakistan: 
leave Peshawar within five days or face the 
consequences. That a band of terrorists can tell 
a democratically elected government to quit its 
own territory says a great deal about the power 
of the Taliban. Far from being beaten and on the 
run, as we are constantly being told, the Taliban 
are stronger than ever.

The ultimatum was issued this past week by 
Baitullah Mehsud, a prominent leader of the 
Taliban. Mehsud's men are already in Peshawar, 
the largest city of the North-West Frontier 
Province (NWFP) and birthplace of al-Qaeda. 
Peshawar is also the administrative centre for 
the Federally Administered Tribal Areas (Fata) of 
Pakistan. The Taliban have been in total control 
of Fata for almost a decade. Peshawar will be the 
jewel in their crown. And if Peshawar goes, the 
rest of Pakistan would not be far away.

The NWFP government rejected the "five-day 
ultimatum" and is now bracing itself for the 
consequences. The city, my friends tell me, looks 
like a garrison town. Armoured vehicles belonging 
to the Pakistan Frontier Corps occupy key 
positions. Paramilitary forces and anti-terror 
units patrol the streets. Nevertheless, Taliban 
warlords freely roam the city in pick-up trucks. 
Abductions and hit-and-run raids have become 
routine facts of life.

I fear for Pakistan. Commentators in Islamabad 
are talking openly about losing Peshawar. Many 
believe the Talibanisation of Pakistan is well 
under way and impossible to reverse.

The problem is that Islamabad has no coherent 
policy towards the Taliban. It has tried to 
appease them, to buy their loyalty, has bombed 
their villages and schools and, when required, 
used them as its proxy. Even peace treaties, such 
as the one made in September 2006, have been 
half-hearted. During the election campaign, both 
the People's Party and the Muslim League 
emphasised the Taliban problem required a 
political rather than a military solution. After 
the elections, politics was abandoned in favour 
of military operations. The newly elected 
government of Prime Minister Yousuf Raza Gilani 
seems too preoccupied with internal political 
feuding to realise that it has a full-blown 
rebellion on its hands.

Pakistan's predicament is that of the war on 
terror. The only secure solution must deal with 
the totality of the social conditions 
underpinning the problem. There is no military 
solution that does not exacerbate social 
problems, thus fuelling the instability in which 
the Taliban can thrive. The war on terror has 
merely extended the agony it was meant to 
obliterate.

The Taliban may look invincible, but they are 
nothing more than a marauding band of zealous 
puritans. A typical "Taliban commander" is a 
warlord with fewer than a hundred armed men. He 
pays them with money earned from drugs or 
extortion. He takes over an area, ruthlessly 
imposes taxes, administers summary and brutal 
justice, and declares himself the ruler. He 
murders his opponents and kidnaps others for 
ransom. Any Pakistani soldiers captured are 
slaughtered in the most barbaric way.

There are roughly 500 Taliban commanders, every 
one of whom is known to the Pakistani 
authorities. The reason that they have not been 
captured is simple: Islamabad believes it can use 
them for its own purposes. This illusion has now 
become dangerously obsolete.

It is not sufficient, however, merely to defeat 
the Taliban. Candidates to replace them will not 
be hard to find in territory that has never been 
equitably incorporated into the nation state. And 
as a nation, Pakistan, having diverted so much 
aid and development to the military 
Establishment, has little to offer the Fata 
territories. This is the underlying conundrum 
that makes not only crushing the Taliban, but 
also sustaining Pakistan so difficult.

The Taliban are a Pakistani problem, created and 
nourished by Pakistan itself. To defeat the 
Taliban and defeat them truly, Pakistan must find 
a way to cure itself.

_____


[3] India- US Nuclear Deal: Commentary

(i)

truthout.org
24 July 2008

ANOTHER "BIPARTISAN" VICTORY FOR BUSH-SINGH DEAL

by J. Sri Raman

photo
The US-India nuclear deal may have had an effect 
on the recent confidence vote for Manmohan 
Singh's (left) government. (Photo: The Associated 
Press)

     Very few found the victory of India's 
government in a confidence vote in the country's 
parliament on Tuesday evening anything like 
startling news. The margin of victory, however, 
turned out to be much wider than many had 
expected. This created a tailor-made situation 
for conspiracy theories, with the media going to 
town with two of them.

     Almost no one has talked of a collaboration 
theory, though that is more connected with the 
catalyst of the parliamentary debate - the 
US-India nuclear deal.

     The first of the conspiracy theories, of the 
more familiar kind on such occasions, was 
advanced with all the force at the command of the 
main opposition, the far-right Bharatiya Janata 
Party (BJP), soon after three of its members of 
parliament (MPs) flaunted in the House fat wads 
of currency allegedly paid for their promised 
votes. The drama has proven a damp squib for the 
BJP. It has raised questions about how the filthy 
lucre found its way into the House, the holy of 
parliamentary holies, while there is no proof of 
the origin of the tainted funds.

     Even as the country awaits the findings of an 
inquiry into the whole affair, the second 
conspiracy theory has struck a heavy blow at the 
BJP and its credibility. According to this 
theory, the BJP did not really try to topple 
Manmohan Singh's government because the run-up to 
the vote had produced a rival to party leader Lal 
Krishna Advani, projected as the next prime 
minister. Mayawati Kumari Naina, the woman chief 
minister of India's most populous State of Uttar 
Pradesh, the theory presumes quite plausibly, was 
all the more unacceptable to the BJP for being a 
leader of Dalits, a socially long-oppressed 
section of people called Untouchables until 
recently.

     The left rushed to build bridges with 
Mayawati, after burning those with Singh's United 
Progressive Alliance (UPA) government over the 
nuclear deal. Other parties opposed to the BJP, 
too, did the same, in the wake of the major 
political crisis created by the left's withdrawal 
of outside support for the minority government. 
Many observers have been mystified by the sudden 
launch of an orchestrated campaign over the past 
couple of weeks, presenting Mayawati as a prime 
minister in the making.

     She would have certainly gained in stature if 
Singh had lost the vote. In a post-vote 
statement, she has said that the BJP and the 
Congress could not digest the idea of a Dalit 
prime minister. Even those who do not see her as 
a principled politician or a paragon of such 
virtues as probity may find themselves agreeing 
with her, especially about the far right.

     Neither of these theories, however, would 
appear to explain the BJP's strangely halfhearted 
battle against the government's motion in the 
House, in striking contrast to the party's 
earlier rhetoric about its resolve to vote Singh 
out. The collaboration theory would seem to offer 
a more convincing explanation than the conspiracy 
theories, all the more because of its direct link 
to the US-India deal and the way its authors have 
peddled it in both countries concerned.

     It is known that, soon after his deal with 
Singh in Washington on July 18, 2005, President 
George W. Bush and his administration set out to 
build "bipartisan support" for it in the US and 
achieved this once apparently unattainable 
objective. It is less recognized that the 
administration pursued the same objective in 
India as well. Can it be, can it just be, that 
the objective has been achieved here in its own 
way with the BJP losing the parliamentary battle?

     I have quoted in these columns before US 
Under Secretary of State for South and Central 
Asian Affairs Nicholas R. Burns on the subject, 
but it bears repetition in the current context. 
In an essay on "America's Strategic Opportunity 
with India" in the November to December 2007 
issue of Foreign Affairs, Burns wrote: "That this 
new US-India partnership is supported by a 
bipartisan consensus in both countries 
considerably strengthens the prospects for its 
success."

     He added: "In India, both the ruling Indian 
National Congress and the opposition Bharatiya 
Janata Party have worked for over a decade to 
elevate India's ties with the United States." He 
recalled that, after India's nuclear-weapon tests 
of 1998 under a BJP-headed government, "then 
Deputy Secretary of State Strobe Talbott engaged 
India's then-Foreign Minister Jaswant Singh in 14 
rounds of talks over two and a half years." The 
seeds of the US-India "strategic partnership," 
which the deal is intended to promote, were sown 
in those days. The process has continued ever 
since, especially evident in the bid for 
bipartisan support for the deal in India. 
American participants in the campaign on Indian 
soil have included, besides Ambassador David C. 
Mulford, high-profile dignitaries like former 
Secretary of State Henry Kissinger (who met top 
BJP leaders) and a delegation of the Bush-blessed 
US-India Political Action Committee or the 
Usinpac (whom Singh asked to carry a message of 
consen sus to the BJP.)

     The bipartisan consensus on the issue, in 
fact, does not need to be built. The BJP has not 
even bothered to conceal it, repeatedly placing 
on record its support for a US-India "strategic 
partnership." The party has stated, repeatedly 
again, that it will not hinder the deal if India 
enacts "its own Hyde Act" to assert the country's 
right to conduct nuclear-weapon tests again. The 
prime minister, for his part, has conceded this 
demand in parliament, saying: "We are willing to 
look at possible amendments to our Atomic Energy 
Act to reinforce our solemn commitment that our 
strategic autonomy will never be compromised."

     Some, in fact, saw in the crude drama during 
the debate only an attempt to cover up the 
bipartisan consensus on the deal. A perceptive 
analyst, Yogendra Yadav of New Delhi's Center for 
Developing Studies, says: "I was expecting 
mudslinging, but this exceeded all previous known 
limits.... In fact, there is very little that 
separates the Congress and the BJP in terms of 
their fundamental foreign policy orientations - 
on nuclear energy, nuclear weapons, the alliance 
with the US - and that's why the marketing has to 
be so aggressive."

     The government and gleeful nuclear hawks in 
India see Singh's victory as a green signal for 
speedily moving forward on the deal. In 
Washington, even before the vote, the 
administration was reported to be "moving full 
steam ahead on all fronts to operationalize the 
deal." The administration, said a report quoting 
Assistant Secretary of State for South and 
Central Asia Richard Boucher, was preparing to 
"consummate the nuclear partnership with India 
even under a caretaker government in New Delhi" 
in case Singh lost the vote. Presumably, all 
stops will now be pulled out.

     For the left and the peace movement in India, 
the lesson of the vote should be loud and clear. 
The dangers that the deal poses, after its 
dubious political legitimization in particular, 
cannot ever be fought in the company of the BJP, 
a proactive party to the "bipartisan consensus."

o o o

(ii)

Dawn
July 24, 2008

APARTHEID, WAR AND BRIBERY

by Jawed Naqvi

THREE crores is 30 million. That's the amount of 
Indian rupees three opposition MPs evidently 
smuggled into the Lok Sabha on Tuesday just when 
the live telecast of a tense trust vote was 
peaking.

They flashed the neat bundles of currency notes 
before a scandalised nation and claimed it was 
part of the bribes offered by government 
lobbyists to bail out Prime Minister Manmohan 
Singh's minority coalition.

Today, 30m Indian rupees would translate roughly 
into 2.4m Israeli new shekels, which equals about 
6.5bn Iranian rials. That is loose change going 
by the percentages handed out to middlemen in, 
say, a minor oil deal with Iran or the comfort 
money involved in talks presaging an arms deal 
with Israel.

Arguably, if they had their way, both sides - 
Iran and Israel - could have handed out far more 
to the MPs than they were apparently offered to 
influence Tuesday's verdict which, as the final 
numbers indicated, became a comfortable margin 
for the prime minister from a close call that it 
was. Whether the money did change hands is not 
the issue here.

Why these two countries and not any other were 
the biggest winners and losers in the 275-256 
verdict for the Singh government is the question 
to ponder. For lost in the din of corruption 
charges was the essence of the debate, which 
centred on the India-US nuclear deal but carried 
far wider implications for the Iran-Israel 
stand-off. Most of the Left Front deputies 
focused their ire on the United States whose laws 
the civilian nuclear cooperation deal is really 
tied with.

That it took a Dalit politician, known better for 
her battles against India's caste apartheid than 
for her perspicacity in international affairs, to 
present an astute perspective was a critique of 
the two-day debate. Uttar Pradesh Chief Minister 
Mayawati told a news conference that the 
innocuous-looking India-US deal would enable 
Israel to attack Iran, in all probability with 
nuclear weapons.

"If something unfortunate happens to Iran, which 
will inevitably have an impact on the world, the 
region and us, then India would not be able to 
shake off its complicity," she charged. She 
wondered why the Iran-Pakistan-India pipeline had 
taken forever to materialise and whether it was 
prudent to target Tehran by voting against it at 
the IAEA.

For the record, Ms Mayawati cannot be mistaken 
for any dyed-in-the-wool Muslim rabble-rouser 
playing the Iran card. In her day she has 
canvassed support for the right-wing Hindu 
Gujarat Chief Minister Narendra Modi in elections 
he would have otherwise found difficult to win. 
Mr Modi and the BJP are strong supporters of 
strategic ties with Israel. On another occasion 
Ms Mayawati may even have supported close 
relations with Israel. But this week she chose to 
speak about an issue the media and the political 
parties alike have all but obfuscated.

Her alert about the looming catastrophe was 
nearly lost in the din of the trust vote. Their 
focus was on the number of convicted MPs bailed 
out to cast their vote, and on convalescing MPs 
wheeled in on hospital stretchers to help clinch 
a narrow decision. Much of the discussion was 
pegged on the unprecedented brazenness of 
horse-trading.

The big picture about the global involvement in 
the controversial deal was blurred in the 
excitement of live images of corruption in 
action. Ms Mayawati, who is not an MP, ran a 
separate sideshow to drive home her point.

What is the basis for the Indian Dalit leader's 
fears of cataclysmic events in the Gulf? Ms 
Mayawati is probably aware that the departure of 
senior Indian diplomats has been on hold in Tel 
Aviv and Washington, who had otherwise been 
transferred out months ago. The veritable 
standstill is believed to be linked to the deal, 
and perhaps rightly so. What is brewing is lethal.

Israel is the only undeclared nuclear weapons 
state the world knows of. This has its 
advantages, which explains the Israeli 
intelligence making an example of the nuclear 
whistle-blower Mordechai Vanunu. However, the 
nuclear ambiguity poses a problem in a larger 
strategic architecture in the Middle East. Given 
a choice, the United States would want Israel 
declared the region's only nuclear weapons state, 
just as it chose India for South Asia.

To do this, Washington first needs Israel to 
declare it possesses nuclear weapons! Israel's 
current ambiguity was a handicap in the 
sabre-rattling contest it recently had with Iran. 
Should war break out, as is frequently feared by 
the world's better analysts, an Israeli nuclear 
attack on Iran would become the first one to be 
carried out by a notionally non-nuclear state. In 
other words, there would be no legal support even 
if Israel's indulgent godfathers in the West 
overlooked the immorality of it. No one, not even 
the United States, could give approval to the use 
of weapons that do not exist!

It is this existentialist dilemma that the 
India-US deal may help end. There is no other way 
to understand the tearing hurry to send the deal 
signed and sealed by the IAEA and the NSG to the 
US Congress for approval before the presidential 
elections get under way. Neither Barack Obama nor 
John McCain is going to kill the deal. It could 
have waited. The prime minister was safe with the 
Left Front supporting it till the very end of the 
government's tenure, or as long as it was 
politically feasible for the two sides to remain 
together. The fact that a lobby led by BJP 
ideologue and former security adviser to the 
prime minister Brajesh Mishra has supported the 
deal in its present form is as good an indication 
as any that the India-Israel-US axis he advocated 
is active and working overtime.

Whether the India-specific deal with the United 
States will be extended to Israel is no longer 
the question. When it will happen is what 
matters. With the world's eyes focused on Iranian 
culpability, the time is ripe for frazzled Arab 
governments to be made to accept a country with a 
de facto nuclear stockpile as a de jure nuclear 
weapons state. India says its deal with the 
United States will legitimise it as a nuclear 
weapons state even if it does not fetch the 
status of the Big Five. Israel should be happy 
with similar status.

But has the deal ended the nuclear apartheid, as 
India had once described the NPT regime that it 
is now about to break? For Ms Mayawati that may 
not be an important question. As a Dalit leader 
who is best equipped to break the glass ceiling 
of caste apartheid she has to prepare for the 
next battle for India's top job. Which means 
another round of the rupee-shekel-rial nexus to 
come into play, provided, as she feared, 
something more catastrophic does not occur before 
that.

The writer is Dawn's correspondent in Delhi.
_____


[4]

The Hindu
July 19, 2008

NREGA: SHIP WITHOUT RUDDER?

by Jean Drèze

The tremendous potential of the scheme is in 
danger of being wasted in some States.

- Photo: AP

A productive scheme: NREGA could be even more 
productive with a small dose of technical and 
scientific support.

Recent events in Jharkhand highlight various 
issues that need to be urgently addressed if the 
National Rural Employment Guarantee Act (NREGA) 
is to survive and thrive. These events include 
the murders of two NREGA activists (Lalit Mehta 
and Kameshwar Yadav), a survey of NREGA initiated 
by the G.B. Pant Social Science Institute in 
Palamau and Koderma districts, and public 
hearings held there on May 26 and June 18 
respectively. The latest incident is the tragic 
death of Tapas Soren, who immolated himself in 
Hazaribagh on July 2 to protest against official 
harassment in the context of NREGA work.

By way of background, a glimpse of the survey 
findings may be useful. Even in Jharkhand, one of 
the worst performing States as far as NREGA is 
concerned, there is some good news. For instance, 
the transition to a rights-based framework has 
led to a major decline in labour exploitation on 
rural public works. Wages are higher than they 
used to be, delays in wage payments are shorter, 
productivity norms more reasonable, and 
complaints of worksite harassment rare. NREGA is 
a valuable and valued opportunity for the rural 
poor, and particularly for women, to earn a 
living wage in a dignified manner.

Most of the respondents in a random sample of 
about 200 NREGA workers in Palamau and Koderma 
districts were highly appreciative of the 
programme. For instance, they felt that NREGA 
helped them to avoid hunger and distress 
migration. Also, a large majority of the 
respondents felt that the assets being created 
under NREGA were "useful" or "very useful." This 
was also the assessment of field investigators. 
Far from being a case of "playing with mud," as 
one grumpy commentator recently put it, NREGA is 
a productive scheme - and it could be even more 
productive with a small dose of technical and 
scientific support.
Massive corruption

In Jharkhand, unfortunately, the tremendous 
potential of NREGA is in danger of being wasted 
due to massive corruption. Judging from the 
survey findings in Koderma and Palamau, 
transparency safeguards are routinely violated 
and funds are being siphoned off with abandon. A 
similar picture emerges from surveys in Bihar and 
Uttar Pradesh, though there are also heartening 
examples of transparent implementation of NREGA, 
notably in Rajasthan (where we found very little 
evidence of embezzlement of wage funds) and 
Andhra Pradesh (where post office payments and 
institutionalised social audits appear to have a 
similar impact).

Coming back to recent events in Jharkhand, there 
is much scope for introspection. To start with, 
these events have exposed the repressive if not 
criminal character of the Indian state in large 
parts of the country. It is bad enough that 
brazen embezzlement of NREGA funds in Jharkhand, 
with the complicity of many government officials, 
has deprived millions of people of employment and 
wages, and thereby, of their constitutional right 
to life. For good measure, State authorities 
often scuttle any attempt to expose this nexus of 
corruption and crime. Our own survey team had a 
taste of this bitter medicine in Palamau: instead 
of acting on the complaints we brought to its 
attention, the District Administration turned 
against the team and sent a malicious and 
defamatory "report" to the Ministry of Rural 
Development, even insinuating that some of us 
might have had a hand in Lalit Mehta's murder. 
Defenceless grassroots workers are not so lucky 
as to get away with insults: they literally risk 
their lives every time they stand up against 
state-sponsored corruption and exploitation.

Second, the counterpart of this repressive 
apparatus is the utter helplessness of working 
people. This helplessness begins with a thick 
cloud of ignorance: we were amazed to discover 
how little people knew about NREGA in the survey 
areas, more than two years after the Act came 
into force. To illustrate, among 200 persons 
currently working on NREGA worksites in Palamau 
and Koderma, less than 30 per cent knew that they 
were entitled to 100 days of employment per year 
under the Act. The concept of "work on demand", 
for its part, had not sunk in at all. The 
vulnerability of the programme to corruption and 
abuse begins with this lack of awareness of their 
rights among NREGA workers.

Third, this powerlessness is also due to the 
absence of any effective grievance redressal 
system for NREGA. Gross violations of the Act can 
be perpetrated with virtual impunity, and most 
people do not know what to do and where to go 
when they have complaints. Even when there is 
conclusive evidence of fraud, and with the full 
backing of the Central Employment Guarantee 
Council, we have found it extremely hard to 
secure any remedial or punitive action. This 
state of affairs opens the door to further 
deterioration of the standards of implementation 
of NREGA, as the message is rapidly spreading 
that "anything goes" and that those responsible 
for fraud and embezzlement are "safe."

Fourth, while this situation is not unique to 
Jharkhand, it has been amplified there by the 
absence of Gram Panchayats in rural areas. 
Jharkhand is the only state where Gram Panchayat 
elections have not been held since the 73rd and 
74th amendments of the Constitution (known as 
"Panchayati Raj amendments"). This is not only a 
flagrant violation of the law, but also an 
infringement of people's fundamental rights, 
since it is impossible to provide effective 
public services in rural areas without functional 
institutions of local governance. NREGA itself is 
a casualty of this state of affairs. In the 
absence of Gram Panchayats (the chief 
"implementing agency" under the Act), the 
implementation of NREGA in Jharkhand is 
effectively under the control of private 
contractors, or quasi-contractors such as the 
so-called "labhuk samitis" (beneficiary 
committees). But private contractors work for 
profit, and the only way to make profit from 
NREGA is to cheat. In Jharkhand, therefore, 
corruption is built into the system.

Fifth, this impending anarchy also reflects the 
casual attitude of the Central government towards 
its own money. Given that about 90 per cent of 
the NREGA funds come from the Centre, the Central 
government has a right and a duty to enforce high 
standards of transparency and accountability in 
the programme. The Act gives it wide powers to do 
so, whether it is through framing rules, 
conducting investigations, designing an effective 
Monitoring and Information System (MIS), or 
taking action where there is evidence of fraud. 
Instead of seizing these opportunities, the 
Ministry of Rural Development largely expects the 
State governments to comply with its Operational 
Guidelines. These guidelines are indeed very 
good, but their legal status is unclear, and many 
State governments are treating them lightly - 
applying what suits them and ignoring the rest. 
Thus, NREGA is being implemented in a dangerous 
vacuum, with few mandatory norms except for the 
general provisions of the Act. Even basic 
safeguards, such as the maintenance of job cards 
and the transparency of muster rolls, are 
effectively left to the discretion of the State 
governments. This state of affairs makes NREGA 
quite vulnerable to corruption and other 
irregularities. As political parties are about to 
launch their respective election campaigns, there 
is a frightening possibility that many of them 
will try to "dip" into NREGA funds to fill their 
coffers. A wake-up call is badly needed.

Finally, the powerlessness of NREGA workers is 
also a reflection of the timidity of grassroots 
organisational work on this issue. Somehow, 
political organisations and social movements are 
yet to seize the vast potential for collective 
action around NREGA, whether it is through joint 
work applications, struggles for minimum wages, 
participatory planning, or building workers' 
unions. One rarely sees crowds of people blocking 
the road to demand NREGA work, or staging a 
dharna against delayed wage payments. The fact 
that a large majority of the rural population is 
still in the dark about the basic features of the 
Act, almost three years after it was passed, is 
another symptom of this organisational gap.
The way forward

On a more constructive note, these observations 
point to the way forward. As far as government 
policy is concerned, urgent priorities include 
framing strong rules for NREGA, putting in place 
grievance redressal procedures, enforcing the 
transparency safeguards, and taking swift action 
whenever there is evidence of fraud. As far as 
public action is concerned, the need of the hour 
is to make better use of NREGA as a tool of 
organisational work and enable NREGA workers to 
defend their rights. Counting on the kindness of 
the state would be futile.

(The author is Visiting Professor at Allahabad 
University and member of the Central Employment 
Guarantee Council.)


______


[5]


The Hindu
July 26, 2008

TRAIL OF VIOLENCE: RIGHTS ACTIVISTS AT RISK

by Mukul Sharma

Rights activists face a series of obstacles to 
their work. Rights violations also have wider 
repercussions. They create a climate of fear.

The Karnataka convener of the National Alliance 
for People's Movement, A.D. Babu, was killed 
recently. He was on his way, along with two 
colleagues, to a NAPM meeting on an anti-liquor 
campaign at Ramnagaram, when a group stopped his 
vehicle at Mayanagram, a few km from the venue, 
and attacked him with knives and swords. He died 
on the spot. It is believed that a Karnataka 
liquor mafia is behind the gruesome murder.

In May, Lalit Kumar Mehta of Palamau district, 
Jharkhand, who fearlessly raised the issue of 
corruption in implementation of the National 
Rural Employment Guarantee Programme , was 
murdered. So was Narayan Hareka - a naib sarpanch 
belonging to the Kandha tribal community - of 
Kambivalsa village in Koraput district, Orissa, 
who fought against liquor brewing, private 
money-lending, land alienation and corruption.

Social activists Leo Saldanha and his wife 
Lakshmi Nilakantan of Bangalore are being 
targeted by the Karnataka police and the Forest 
Department in connection with sandalwood 
smuggling, forest encroachment and theft, because 
of their role in unearthing the land scam in the 
controversial Bangalore-Mysore Infrastructure 
Corridor Project.

Amnesty International's monitoring highlights 
cases of human rights violations, including 
killing and attacks, and threats and 
intimidation, against rights activists in 
different parts of the country. They are facing 
obstacles to their work. They have to stop or 
radically curtail their activities. Direct 
attacks or threats to their lives sometimes mean 
the activists fleeing their homes or even areas. 
These violations also have wider repercussions. 
They create a climate of fear. Other rights 
activists become aware how easily they too can 
become targets of direct attack.

Harassment comes through a range of means, 
including surveillance. We receive a large number 
of complaints of raids and break-ins at the 
office of people's organisations or at the homes 
of rights activists. During these incidents, 
crucial human rights information related to the 
work of the activists is seized. The legal system 
is misused to harass and intimidate them. This 
also results in stigmatising the individuals and 
organisations and creates a negative perception 
of their work. Criminal proceedings initiated 
against the activists on unsubstantiated evidence 
or judicial proceedings, which remain unresolved 
for extended periods, also seriously curtail 
their ability to carry out legitimate work. This 
is especially true of activists working in 
grass-roots organisations at the local level.
Deteriorating situation

The human rights situation in the country has 
been deteriorating rapidly. The killings of 
rights activists take place in a context 
characterised by a fast-growing economy that is 
accelerated by government policies. These 
policies, particularly on land, agriculture and 
forced evictions, are creating serious tensions. 
The police and the administration categorise all 
legitimate activities of rights activists as 
criminal. At a time when human rights abuse 
against activists is becoming widespread and is 
showing signs of further deterioration, with 
governments showing their apathy, we need to draw 
attention to the situation, point to the failure 
of governments to live up to their obligations, 
and plan for concrete action so that the 
activists can carry on with their important work 
free from attacks and fear of reprisals.

At the heart of people's rights work is the 
individual - as one at the receiving end of 
rights abuses, as survivor, as partner in the 
defence of rights, and as activist speaking out 
and working with, and for, other individuals. 
Individuals, as part of the political, social and 
cultural collective and spread through the length 
and breadth of the country, lie behind much of 
the activism of social-political groups, working 
at local, grass-roots and community levels. They 
try to change lives by acting on their own or 
with other people and political groups making the 
same demand - an end to injustice in all its 
forms. These individuals are always at risk. 
Despite this, no mechanism exists at the 
district, State, regional or national levels, to 
protect those working to protect and promote our 
constitutional rights.

The National Human Rights Commission (NHRC) and 
its State editions, and the commissions 
established for women, the minorities and the 
Scheduled Castes and the Scheduled Tribes are 
often approached by victim activists for redress. 
However, in the absence of a focussed system for 
monitoring, documenting and reporting rights 
violations against rights activists, and for lack 
of a mechanism for timely and pro-active 
intervention to provide justice to them, the 
commissions more often than not fail to arrest 
the continuing violations. Why do the commissions 
themselves not develop a system for taking action?

Where are our governments, which are parties to 
numerous international and regional human rights 
treaties and have voluntarily undertaken a legal 
commitment to protect the rights activists?

The Universal Declaration of Human Rights 
contains important standards relevant to the work 
of rights activists. In addition to the UDHR, the 
Declaration on the Right and Responsibility of 
Individuals, Groups and Organs of Society to 
Promote and Protect Universally Recognised Human 
Rights and Fundamental Freedoms (Declaration on 
Human Rights Defenders), adopted by the United 
Nations General Assembly in 1998, is a set of 
safeguards designed to guarantee and ensure the 
protection of human rights defenders. These 
include the right to know, seek, obtain and 
receive information about human rights and 
fundamental freedoms; the right to participate in 
peaceful activities against violations of human 
rights; the right to criticise and complain when 
governments fail to comply with human rights 
standards; and the right to make proposals for 
improvement.

In line with the U.N. Declaration, why can't the 
work of rights activists, including those working 
on economic, social and cultural rights, be 
recognised and legitimatised? Rather than 
harassing them, governments should take steps to 
develop a national plan of action that includes 
multidisciplinary proposals at the political, 
legal and practical levels, which aim at 
improving the environment in which rights 
activists operate; the measures to ensure their 
immediate protection and the allocation of 
appropriate human and financial resources.

Along with mechanisms and laws, there is need to 
call on a wider human rights community for 
intervention and support. It must include 
political activists and leaders, non-governmental 
organisations, human rights bodies, international 
organisations and professionals. The lukewarm 
response to Dr. Binayak Sen's arrest from the 
established bodies of the medical fraternity and 
inter-governmental organisations, and the near 
non-response to the killings of Narayan Hareka 
and Lalit Mehta from the people and groups 
working on NREGA show the lack of solidarity, 
networking and common action in the human rights 
community.

Rights are not just concepts and laws. They are 
not just about project-making, training, advocacy 
and building capacity. They also mean showing 
courage and mobilising thousands of activists as 
fast as possible when someone is arrested, 
killed, or faces immediate and often 
life-threatening human rights violations. If a 
fragile "people's rights concern" is to withstand 
the vagaries of political ebb and flow, future 
attacks on activists and practical applicability 
of rights will need to be anticipated and 
forestalled. The continuous hardships of 
activists, working in different contexts and 
cultures, reinforce the point that they must not 
only remain our reactive agenda but should also 
be a progressive proposition for a better future.

The existence of 'failed states' such as 
Chhattisgarh and Orissa - those without any 
functioning human rights governance - is a 
formidable challenge to human rights activists. 
Where the institutions necessary for the delivery 
of justice - from law-enforcement to healthcare 
and education - are either entirely lacking or 
dependent on a weak authority, and the rights are 
regularly abused by companies, armed groups, 
security forces and religious leaders, the 
challenge is to work creatively with and through 
political and social structures. Only then can 
immediate abuse be prevented and redressed, and a 
framework of protective safeguards at the local 
and community levels built.

(Mukul Sharma is the Director of Amnesty 
International in India. mukul at amnesty.org.in)


______


[6]


The Guardian
July 25 2008

THIS CRACKDOWN ON FORCED MARRIAGE IS NOT ALL IT SEEMS

Is the government raising the age for marriage 
visas out of concern for women, or to impose 
stricter immigration controls?

by Rahila Gupta

The government has announced that it will be 
raising the age limit for those marrying overseas 
spouses from 18 to 21 in its "crackdown" on 
forced marriage while the legal age for marriage 
within Britain remains 16. Yet another 
differential has been introduced in its treatment 
of minorities. It pressed ahead with this policy 
change despite the fact that half the 
organisations and individuals who responded to 
the consultation disagreed with the proposal, and 
at least another three organisations opposed to 
this measure were initially left off the list - 
their views may not have been taken into account.

If the object is to prevent forced marriage, it 
seems odd that the government has introduced 
measures that may help the 400 or so cases that 
the Forced Marriage Unit deals with, while at the 
same time cutting back women's services which 
provide support and protection to women facing 
forced marriage. Although exact numbers are not 
available, all the evidence points to the fact 
that a much larger percentage of forced marriages 
takes place within national borders. Southall 
Black Sisters alone has a caseload (including 
inquiries) of approximately 150 per year.

There is also evidence that raising the age limit 
does not work. Families intent on forcing through 
such marriages simply take their girls abroad, 
get them married off and abandon them there till 
they are the right age. The longer they are kept 
overseas, the more likely they are to have had 
children and to become further trapped in their 
situation. The government view that increasing 
the age limit will allow girls to acquire more 
life skills, better education and increase in 
maturity does not apply to families where girls 
have been taken out of full-time education at 16 
and where there is no culture of women's autonomy.

Turning the immigration screw has become the 
government's response to any social evil. Rather 
than concern for the lives of young women, this 
is more about restricting the number of people 
entering Britain and the underlying belief that 
marrying overseas is a barrier to integration. In 
2006, the government granted almost 42,000 
settlement visas to spouses, which implies that 
the overwhelming number of marriages across 
borders are bona fide, and yet the government has 
introduced a measure that arguably may help only 
1% of the total number of marriages taking place 
to overseas partners while making it extremely 
difficult for the majority.

What is worrying is that it appears to be a 
Europe-wide move towards convergence of measures 
to restrict immigration to the most draconian 
standards. Denmark and the Netherlands have 
already raised the minimum age to 24 in a lurch 
to the right which has seen the extensive 
adoption of an anti-immigration agenda targeting 
Muslim immigrants in particular.

Paradoxically, it is the relaxation of 
immigration controls which will reduce the 
likelihood of forced marriage, since marriage 
will not be seen as a route to gaining entry to 
the UK. However, any argument advocating 
liberalisation of immigration laws, no matter how 
reasonable, is like waving a red flag in front of 
this bullish, reactionary government.

______


[7] 






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Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. SACW is an independent & non-profit
citizens wire service run since 1998 by South
Asia Citizens Web: www.sacw.net/
SACW archive is available at: http://sacw.net/pipermail/sacw_insaf.net/

DISCLAIMER: Opinions expressed in materials carried in the posts do not
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