SACW | February 14-18 , 2009 / Pakistani Taliban / India - Sri Lanka: Communalism / More Guns / Darwin / Vatican

Harsh Kapoor aiindex at gmail.com
Tue Feb 17 23:58:22 CST 2009


South Asia Citizens Wire | February 14-18, 2009 | Dispatch No. 2606 -  
Year 11 running
From: www.sacw.net

[1] PAKISTAN OR TALIBAN?: Wake Up Pakistani liberals and progressives !
    - Swat:  Rescue or surrender? Local hero brings sharia law to  
troubled region (Saeed Shah)
    - Shariah in Swat (Editorial, The News)
    - Sharia Nizam-i-Adl (Editorial, Dawn)
    - Sharia “justice” comes to Swat again? (Editorial, Daily Times)
    - A terrorised society (Zulfiqar Ali Khalid)
    - From Pakistan, Taliban Threats Reach New York (Kirk Semple)
[2] BANGLADESH: "Go beyond Rhetoric" - Interview With Sultana Kamal
[3] SRI LANKA / INDIA: Two wrongs don’t make a right (Ramachandra Guha)
[4] Pakistan And India: Resume Peace Process Dont Give into Hawks !
    - Editorial: India and Pakistan must resolve Sir Creek
    - Taliban As Common Enemy (Beena Sarwar)
    - India's raises defence budget outlay by 34%
    - Mumbai Attack oils wheels of arms bazaar
[5] India Administered Kashmir: People's Tribunal Memo to Omar Adbullah
[6] India - communal danger: Ram Sene not fringe, it’s coloured  
saffron (Inder Malhotra)
[7] Miscellanea:
     - Dawkins on Darwin
     - Nature Video: David Attenborough on Darwin
     - Defying Darwin (in The Guardian)
     - Catholics for Choice Statement on the 80th Anniversary of the  
Lateran Treaty
[8] Announcements:
(i) Just Published: Rogue Agent: How India's Military Intelligence  
Betrayed the Burmese Resistance by  Nandita Haksar
(ii) Film Screening: DEGHAM (Bombay, 18 February2009)
	
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[5]  India Administered Kashmir:  Call for Justice
[5] India:
[6]

[7]
[8]

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[1]  Pakistan or Taliban: Swat Today, Next Stop Islamabad - Wake Up  
Pakistani liberals and progressives !


RESCUE OR SURRENDER? LOCAL HERO BRINGS SHARIA LAW TO TROUBLED REGION
• Taliban-dominated area wins religious concession
• Government accused of capitulation to Islamists
by Saeed Shah in Islamabad
The Guardian, Wednesday 18 February 2009
http://www.guardian.co.uk/world/2009/feb/18/sufi-muhammad-pakistan


Editorials from three Prominent Dailies

The News
February 17, 2009

	EDITORIAL:  SHARIAH IN SWAT

We are all accustomed to strange political events. But some events  
are stranger than others. Amongst these is the agreement reached to  
once more enforce Shariah rule in Swat. Still odder is the fact that  
the ANP, which still describes itself as a secular party, and the  
'liberal' PPP should be behind the latest deal. We can only wish them  
luck and hope the move does not backfire, as has happened in the  
past, allowing militants time to regroup and wreak still further  
havoc on a valley they have terrorized for months. The desperation of  
the ANP, a delegation from which met Sufi Mohammad at Timergara for  
talks that led to this latest accord, is understandable. The  
horrendous situation in a region where people have suffered  
tremendous brutality, where girls have been driven out of schools and  
where people have been beheaded in public for defying the militants  
is one that no elected government can stand by and calmly endure. The  
perceptions in Swat that the military was not committed to quashing  
the wild band of militants it confronted added to the helplessness of  
the Peshawar government. Tens of thousands have fled Swat. Estimates  
as to numbers vary, but it is believed by human rights monitors that  
up to 800,000 of the valley's 1.8 million people may have left. In  
the sense that the ten-day truce announced by militants and a longer- 
term deal with the government may bring peace to the lives of  
devastated people, it must be welcomed. Seen from other perspectives,  
there is plenty of room for trepidation.

In 1995, the first attempt was made at striking a deal involving the  
imposition of Shariah rule with the wily Sufi Mohammad of the Tehrik- 
e-Nifaz-e-Shariah-e-Mohammadi (TNSM). The accord did not last. Today  
things are still more complicated. The elderly Sufi Mohammad, who  
remained in jail from 2002 to 2008 after being returned from  
Afghanistan where he had led an army of fighters from tribal areas to  
stage 'jihad', has been overtaken in terms of influence and power by  
his son-in-law, Maulana Fazlullah. Indeed, compared to the wild-eyed  
Fazlullah, Sufi Muhammad comes out as a moderate. Early in 2008, when  
the ANP reached a deal similar to the one now agreed upon with Sufi  
Muhammad Khan, Fazlullah violated it. The two men have, at best, an  
uneasy relationship. This time too, the warning from Fazlullah's  
militants that the 'intentions' of the government will be watched is  
ominous. As has happened in the past, when a deal is not backed by  
true intention, it can be broken on any pretext. Perhaps the only  
positive that can be seen in the accord is that it may create a  
defection among Fazlullah's ranks and move some of his supporters to  
the now-state-certified Sufi Mohammad. Possibly this is what the  
government may be banking on -- but it is hardly going to lead to  
lasting peace in the region.

We are told the people of Swat wanted Shariah; that rallies demanding  
this had been staged. It is hard to believe, given the environment  
prevailing in Swat, that there was no element of coercion behind  
these rallies. It is also true that what people want is an efficient,  
reliable system of justice. The failure to offer them this with the  
judicial system in disarray everywhere in the country is a key factor  
in the demand for Shariah law and Qazi courts. While the militants  
have capitalized on these feelings of people, the fact too is that  
the frenzied men who have laid siege to Swat can, under no  
circumstances, be described as being motivated by religion. Their  
numerous acts of violence, their attempts to stifle learning and the  
way in which they have targeted the most vulnerable citizens shows  
that they indeed care nothing for Islam – a religion that advocates  
kindness for the oppressed, emphasizes the significance of learning  
and lays down rules of respect for women, for minorities and even for  
enemies. It seems obvious the ignorant forces of Fazlullah seek only  
power and are willing to use any means to obtain this. In the past  
Fazlullah has been accused by the people of Swat of extorting money,  
jewellery and other valuables from them. Today these people are too  
terrified to speak out. It is a shame Swat has been lost to such  
forces. The fact is that this deal shows that the Pakistan military  
has in fact been defeated by the militants; that we are now incapable  
of retaining control of vast tracts of our own territory. This has  
implications for other parts of the country, where militants hold  
sway. The day may come when a decision is made to strike deals there  
too – and by doing so allow the militants to seize control of a  
people whose government no longer seems able to protect them or  
safeguard their rights as citizens.

Dawn, 17 February, 2009

                    EDITORIAL: SHARIA NIZAM-I-ADL

The latest Sharai Nizam-i-Adl regulation that is to be imposed in the  
Malakand region will neither address the people’s demand for justice  
nor help in defeating the militants. Informed debate on the issue has  
been hampered by the complex legal and political history of the area  
which is often not fully understood.

First, there is a constitutional diarchy in the area: the NWFP  
government is in charge of law and order, but the authority to make  
and promulgate laws, set out in Article 247 of the 1973 Constitution,  
lies with the president and the governor. Hence, the need for the  
presidency’s approval of the deal which was missing earlier.

On the other side of the deal is the Tehrik Nifaz-i-Sharia Mohammadi,  
which was founded in 1992 with the express objective of having Sharia  
enforced in the region.

The TNSM led by Maulana Sufi Mohammad has wrested concessions from  
the state twice before, in 1994 and 1999, though it was unhappy with  
both the earlier regulations because the changes to the legal system  
were largely procedural.
Second, it is necessary to understand why the demand for a separate  
legal system has found traction here. Consider the judicial system  
under the ruler of Swat state (its status as a state was rescinded in  
1969).

The system was not Islamic, rather it was based on traditional codes  
and the acceptance of the final authority of the Swat ruler. It was  
not perfect but held one great attraction: it was effective the  
trials were quick and judgments properly enforced.

The system put in place by the Pakistan state was inefficient and  
ineffective, leading to resistance from the people and allowing  
Islamist forces to latch on to the unhappiness and present the demand  
for change as a demand for Sharia.

What can we expect from the regulation? ‘All laws against Sharia will  
be abolished and Sharia will be enforced under this justice system,’  
NWFP Information Minister Iftikhar Hussain has said. But experience  
tells us that such drives end up being superficial, making crimes out  
of ‘sin’, targeting popular culture, purging society of ‘western’  
influence, and leaving untouched the main issue of providing justice  
to the common man.
The TSNM has campaigned on a platform of justice but there is little  
doubt that its agenda is to remake the Malakand area in its own  
likeness one that is not dissimilar to the Taliban in Afghanistan, of  
whom Maulana Sufi is a great admirer. Moreover, it is clear that the  
government has agreed to Sufi Mohammad’s demands because it hopes the  
carrot of Islamisation will nudge Mohammad’s son-in-law, Maulana  
Fazlullah, and his band of militants to lay down their arms.

What it does, however, is send a disastrous signal: fight the state  
militarily and it will give you what you want  and get nothing in  
return.


Daily Times - 16 February 2009

	EDITORIAL: SHARIA “JUSTICE” COMES TO SWAT AGAIN?

Shara’i Nizam-e-Adl Regulation is about to be applied to Swat once  
again. This time, one hopes, it will stick and not become a ruse for  
the Taliban behind which to gain reprieve from military attacks and  
regroup. The last time the ANP government wrote up an accord on the  
subject with the followers of Sufi Muhammad of the Tehreek Nifaz  
Shariat Muhammadi, (TNSM) the son-in-law of the great sufi warrior,  
Fazlullah, did not abide by it and the people of Swat, who are  
propagated to be relentlessly “demanding sharia”, suffered untold  
misery at the hands of his gunmen. The earlier agreement had the  
authority of the Sufi’s word not to destroy girls’ schools, but the  
schools had gone on being blown up.

This time, too, the NWFP government and the TNSM leader have agreed  
to the implementation of sharia justice in Malakand division. Under  
the agreement, Sufi Muhammad, through his public congregations in  
Matta, will be expected to “build consensus among his people”; His  
son-in-law, Fazlullah, will have to soon announce ceasefire in Swat;  
all the girls’ schools in the area would have to be reopened; and the  
great Sufi Muhammad would “help establish a strong administration in  
the area”, although that job is normally expected to be performed by  
the elected representatives of the people sitting in Peshawar.

The sharia bill will be finalised by the ANP government and subjected  
to a political consensus in the NWFP Assembly on Monday and the  
emerging document will be grandiosely called Shara’i Nizam-e-Adl  
Regulations. Many who will sign on the dotted line will be those who  
would sign anything if it remotely promised to bring a break in the  
cycle of Taliban violence in the region. Some will be sceptical about  
a blueprint of religious law that will stand only if it is not  
different from the law being enforced in the Tribal Areas. For  
instance, the blowing up of girls’ schools was a part of the  
jurisprudence of the Taliban government in Kabul, which was accepted  
as precedent in Pakistan’s Taliban-controlled Areas. The last time  
Sufi Muhammad promised not to destroy the schools he couldn’t enforce  
or abide by his pledge.

The people of Swat want quick justice, the kind enforced by the Wali  
of Swat, as if in a city-state utopia, but they are bound to get more  
than they have bargained for by rejecting the dilatory system  
obtaining in the rest of Pakistan. They will get the  
“munkir” (forbidden) part of the sharia dealing with forbidden acts  
plus the “maruf” (approved) part dealing with acts of piety. The  
“praiseworthy” acts of piety such as the saying of the nimaz five  
times a day in the mosque will be greatly approved, but those who  
don’t observe the ritual will suffer physical and financial pain. And  
the list of the “maruf” stretches endlessly, which means that you can  
be thrashed for a number of things you thought were not “penal”. It  
is probable that the scared people of Swat simply don’t know what  
they are in for.

The Sufi himself says he will help in setting up a judicial system.  
What if he doesn’t like the way the ANP lays down the law of the  
sharia? Will the ANP leaders get the Sufi to become a de facto  
arbiter on how the sharia has to be enforced? A chilling feeling is  
that the Sufi and his warlord son-in-law will preside over the  
establishment of the sharia law and will also interfere in the day to  
day implementation of it. The power of the Sufi will derive from the  
gun of the Taliban and he will not for long allow a sharia which is  
different from the one enforced by the Taliban elsewhere. This is  
very important because sharia is the order that will ensure longevity  
to the governance of the Taliban in the various territories they  
hold. Finally, if the Taliban win the war in Afghanistan and the  
Americans leave the region, it is the sharia that will ensure that  
the territories conquered in Pakistan stay with them.

Clearly, the problem sits at the cross-section of the internal  
dynamics and the politics of Sharia. While both are problematic in  
and of themselves, their meshing makes the issue even more  
troublesome. The state thinks it needs to ensure some semblance of  
peace in the area and this is perhaps the best way to go about it in  
the interim. But there are too many areas of friction here, not just  
because there is no exegetical consensus on sharia and its  
implementation but also because its politics, at this point, excludes  
all but the literalist ultra-orthodoxy of Taliban. There is also bad  
blood between Sufi Muhammad and his son-in-law and the former, so  
far, has proved ineffective in the face of the rising power of the  
latter. We fear that the terms of this agreement like the one before  
it may be flouted even before the ink on it dries.

o o o

Business Recorder Weekend Magazine (February 14 2009)

A TERRORISED SOCIETY

by Zulfiqar Ali Khalid

Although our sixty years history is full of various types of crises  
yet the latest one, ie religious terrorism, is quite weird. The  
menace of terrorism, in the shape of suicide bombings, has engulfed  
the entire country right from cities like Karachi and Quetta to far  
flung tribal areas in NWFP. Almost all types of public places are  
within the reach of terrorists.

Due to this culture of terror, Pakistan has become the nether world  
for international travellers as various countries keep warning their  
citizens, through travel advisories issued from time to time, not to  
visit this country.

All these scary conditions and sense of insecurity have engendered  
psychopathic anxiety at individual as well as national level. This  
national anxiety is very much evident in our social and political  
affairs. What to talk of the ordinary citizens even the public  
figures and vocal media institutions like TV channels and newspapers  
are very careful and reserve to openly discuss and analyse issues  
related to religious terrorism in the country.

Notwithstanding some sane pieces of advice for adopting pragmatic and  
realistic approach in resolving this crucial issue, majority of news,  
views and statements are so ambiguous that they create much more  
confusion among the minds of general public. Actually, all these  
statements, comments, views and discussions are reflections of our  
national trauma of terror.

To some people, the callous and indifferent attitude of our religious  
lot, on the issue of terrorism in the name of Islam, may sound  
surprising but those having historical background knowledge of these  
elements describe it in consonance with their past traditions. A  
rationale or positive attitude on this issue cannot be expected from  
these religious leaders, including religious political leadership, as  
from the day one their declared sympathies have remained with the  
fundamentalist elements.

Some of them openly support religious terrorism under one plea or  
another whereas others indirectly encourage such activities by  
floating various conspiracy theories. Actually, religious elements in  
Pakistan are still living in the utopia of the rule of General Zia  
when, in the name of Islam, Mullahs, hand in hand with the  
establishment, were de facto rulers of this country.

Our politicians, particularly those who always boast of being  
pragmatic, moderate, and progressive, have also failed to face the  
challenge of terrorism courageously. Their timid and wavering  
approach to terrorism is reflected in their dubious statements after  
each suicide bombing or act of terror. In these statements they  
criticise every one, the federal and provincial governments, Pervez  
Musharraf, America, Israel, India, but the known terrorist  
organisations, like al Qaida, Taliban, and others, who take pride in  
claiming the responsibility of such acts.

Despite their inherent dislike of the fundamentalist ideology, the  
conduct of genuine liberal leaders and old left wing intellectuals is  
very disappointing too. They have also proved themselves to be a  
misfit lot to lead the nation at this critical moment of our history.

They perhaps had a wishful feeling that General Pervez Musharraf,  
with his slogans of liberalism and enlightened moderation, would play  
the role of a benefactor of liberal elements just like dictator Zia's  
shameful role as godfather of Islamic fundamentalists. But, General  
Musharraf disappointed these liberals as every dictator has his own  
personal agenda and he uses religion or liberalism for perpetuation  
of his personal dictatorship.

Another big mistake committed by the Pakistani liberals, including  
the present ruling party, is that they failed to perceive today's  
religious terrorism from the perspective of incessant gulf between  
the mindsets of moderate and fundamentalist Muslims.

Due to this blunder on part of the progressive or liberal elements,  
of not conceiving the religious terrorism in its historical  
perspective, the fundamentalists succeeded in portraying the  
international War on Terror as an American war against Muslims or Islam.

As a matter of fact, this perception is totally wrong and the targets  
of terrorists, particularly in Islamic countries, themselves indicate  
that all those Muslims who do not fit in the religious criteria of  
these fundamentalists, whether they are CD shop owners, teachers of  
modern education, worshipers in imambargahs, or employees of security  
forces, are considered as kafirs or enemies against whom their so- 
called Jihad is permissible.

Nevertheless, despite their edge in propaganda campaign and  
terrorisation of entire society, the fundamentalists are still a  
minority in this country. The results of February elections indicate  
that the moderate and liberal forces enjoy popular support in the  
country.

There is need to utilise this popular mandate for the good of general  
public. This is what these leaders owe Pakistani nation in return for  
their overwhelming support during elections. The liberal political  
parties should utilise their party platforms to boost the low morale  
of ordinary people who are confused with the divergent interpretation  
of simple issues of terrorism in the country.

It is surprising that while the media is tough in criticising  
government corruption, scandals in judiciary and establishment and  
other juicy issues, it suddenly becomes impartial and objective vis-a- 
vis religious terrorism. Rather, according to some analysts, under  
the excuse of projecting "the other view point" it is tilted in  
favour of religious elements. Here let's acknowledge the fact that  
this is not something new as on Karachi unrest our media has been  
following almost the same policy, due to some obvious reasons.

A race is going on among the private TV channels to break the news of  
bomb blasts, live telecasting from the venues or crime scenes,  
showing the mutilated bodies, without advising viewers' discretion.  
Then this exercise is followed by holding discussion with important  
personalities or experts.

All these discussions normally end up with criticism against the  
government policies. No in-depth analysis of the trend of the suicide  
bombings, no naming of groups or terrorist leaders behind such  
incidents, and no investigative journalism as is seen in reports  
against ministers and senior judges. If participants express some  
critical views against the terrorists and their organisations, the  
administration of TV channels telecast it with the disclaimer that  
"the views expressed in this programme are those of the participants  
and not of the TV channel."

No doubt self-protection is very important, but should it be done at  
the cost of national interests. If not too much, our media can at  
least provide basic information to the general public on matters  
like: shape and design of jackets used for suicide bombing,  
precautionary measures to go in public places, emergency contact  
numbers of bomb disposal squad, crisis management departments, police  
etc, and crisis management issues to counter any tragic situation.

Finally, the entire nation, including political parties and their  
leaders, the government, oppositions and media, need to take the  
issue of terrorism seriously. The general perception that the War on  
Terror is a Western War against Muslims is totally wrong and facts  
and figures negate it.

It is quite deplorable that whereas the fundamentalists are taking  
this war very seriously, the Pakistani liberal or progressive  
elements have not realised the gravity of the situation. They should  
keep one thing in mind that if the international War on Terror is  
stopped the liberal majority of this country is the next in line to  
face the terrorists.

Not only because they are some easy targets but also for the reasons  
that they have been labelled as American agents and above all they do  
not fit in the definition of true Muslims of fundamentalist elements.  
It has happened with Attaturk, Soekarno, ZAB and Benazir and now it  
is happening with the innocent tribal Muslims of FATA. Blood hounds  
are always thirsty and keep looking for fresh prays.


o o o

FROM PAKISTAN, TALIBAN THREATS REACH NEW YORK
by Kirk Semple
http://www.nytimes.com/2009/02/17/nyregion/17swat.html?_r=1&ref=asia

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[2]  Bangladesh:

Star Weekend Magazine, February 13, 2009

THE NEED TO GO BEYOND RHETORIC - INTERVIEW WITH SULTANA KAMAL

On February 3, Bangladesh underwent its first Universal Periodic  
Review (UPR) before the UN Human Rights Council in Geneva. During the  
three-hour interactive dialogue, the Foreign Minister, Dipu Moni, her  
first overseas representation of her country, presented a statement  
and responded to questions and heard recommendations from various  
states. Munira Khan, member of the newly formed National Human Rights  
Commission and Attorney General Mahbubey Alam also attended the session.

The UN General Assembly (GA) on 15 March 2006 created the new Human  
Rights Council (HRC). The HRC was created to replace and improve the  
former UN human rights body (the Commission on Human Rights). Among  
the many changes was the creation of a new mechanism through which UN  
member states can be reviewed on their adherence to human rights  
standards. The objective of the UPR is to review the fulfilments of  
the human rights obligations and commitments by all 192 UN member- 
states. The UN member states are reviewed every four years on  
progress, challenges and needs for improvement. The review is  
conducted by the 47 member states of the Human Rights Council as well  
as observer states. The UPR was formed to act as an intergovernmental  
process by which states review the fulfilment of human rights  
obligations of other States. The UPR meets three times a year with 16  
member-States being reviewed each session. Each country's situation  
is examined during a three-hour dialogue, during which  
recommendations are made. The first cycle runs from 2008-20111.

Sultana Kamal

A coalition of 17 human rights and development organisations from  
Bangladesh (the UPR Forum), including Ain o Salish Kendra (ASK),  
Nagorik Uddyog, Naripokkho and Steps, participated in the review  
process. The Forum team was led by Advocate Sultana Kamal. Hana Shams  
Ahmed caught up with Kamal after the review session in Geneva to ask  
about what the expectations of the NGOs and civil society were from  
this UPR session and the government and whether these expectations  
were met.

How can Bangladesh benefit from the UPR?
This is a UN mechanism for monitoring the human rights situations of  
member countries. It’s a mechanism for the civil society of  
Bangladesh and citizens of other countries to act as watchdogs on the  
human rights situations of the country and the member countries have  
to submit their report every four years on their human rights  
conditions. They make voluntary pledges and are then assessed on the  
basis of those pledges. That’s why this time when there were no  
concrete pledges made or any concrete commitments given by the  
Foreign Minister in the UPR we were concerned about what basis either  
the international community or the country could measure the human  
rights condition of the country - whether there were violations or  
not. This is not to put the government in a difficult situation but  
rather to help the government really be aware of the violations  
taking place either by the government itself or by non-government or  
non-state agents, to see whether they can be remedied or immediately  
stopped.

The Forum members have submitted an extensive report on human rights  
violations in Bangladesh on various grounds including among others  
violations by the state including extra-judicial killings, arbitrary  
detention, torture, forced detention and restrictions on freedom of  
expression. Do you think this works as a process of accountability  
for the government on the state’s human rights violations?
I think it does because the state will then have to answer through  
the reporting system what they have done, to see that violations do  
not happen anymore. Human rights violations may happen for many  
different reasons - advertently or inadvertently. The State, through  
this mechanism, is made aware of the conditions in the area of human  
rights and is given a chance to mend that.

But we saw the process at Bangladesh’s UPR session where there were  
certain questions asked but the government representatives  
sidestepped those questions…
In that case the government will be questioned again on the basis of  
that and then they will be assessed on that particular performance  
and marked low in the human rights protection responsibility. It is  
always better to be able to face the challenge, be transparent in  
responding to questions raised.

This was an opportunity for member-States to emphasise their  
commitment to human rights issues around the world. Do you think the  
other countries were critical of the government or do you think they  
were happy to maintain a diplomatic relationship?
If you want to get my reaction on the interaction [between the  
Bangladesh government and other nations] then I would say that most  
of the countries intervening were rather formal. They welcomed the  
Foreign Minister, greeted her and made their presentations. But not  
many fundamental or basic questions were raised by most of the  
countries. There were 49 countries speaking. But most of these  
countries also avoided questioning or commenting on issues like  
implementation of the CHT Accord, the women’s advancement policy  
strategies for poverty alleviation, ending the culture of impunity or  
extra judicial killings, condition of the outcastes or the dalits and  
also the migrant and garment workers were not spoken about. I will  
therefore say that most of the countries were rather diplomatic.

It was also a very good opportunity for our government to prove its  
human rights commitments. The previous democratically elected  
government has been criticised heavily for creating a political  
culture where the rights of minorities were heavily curtailed, where  
there was no redress on extra-judicial killings and the press was  
always under threat. It was also an opportunity for the new  
government to bring faith in them.
[. . .]
http://www.thedailystar.net/magazine/2009/02/02/interview.htm

______


[3] Sri Lanka - India:

Hindustan Times

TWO WRONGS DON’T MAKE A RIGHT

by Ramachandra Guha

February 15, 2009

In a recent essay in the Economic and Political Weekly, the political  
scientist Neil DeVotta quotes a Sri Lankan Government Minister as  
saying: ‘The Sinhalese are the only organic race of Sri Lanka. Other  
communities are all visitors to the country, whose arrival was never  
challenged out of the compassion of the Buddhists. But they must not  
take this compassion for granted. The Muslims are here because our  
kings let them trade here and the Tamils because they were allowed to  
take refuge when the Moguls were invading them in India. What is  
happening today is pure ingratitude on the part of these visitors’.

Commenting on these and other such statements made down the years,  
DeVotta says they form part of a ‘nationalist narrative that combines  
jeremiad with chauvinism’. In this narrative, ‘the Sinhalese only  
have Sri Lanka while the island’s other minorities have homelands  
elsewhere; Sri Lanka is surrounded by envious enemies who loathe the  
Sinhalese; those living across the Palk Straits in Tamil Nadu,  
especially those who want to overtake the island; and NGOs, Christian  
missionaries, human rights groups, and various Western powers and  
their organisations conspire to tarnish the image of the Sinhalese  
Buddhists and thereby assist the LTTE. Those who subscribe to this  
narrative are patriots; the rest are traitors’.

Although DeVotta does not make the comparison himself, in reading the  
sentences he quotes, as well as his own analysis, I was irresistibly  
reminded of the rhetoric used by the majority chauvinists of my own  
country. The main ideologues of the tendency known as Hindutva, such  
as V. D. Savarkar and M.S. Golwalkar, have argued that Hindus, and  
Hindus alone, were the true, original and rightful inhabitants of the  
land known as Bharat. In their view, the other communities were late- 
comers or interlopers, whose presence here was permitted only because  
of the ‘tolerance’ of the Hindus. Regrettably, these minorities —  
Muslims, Christians, etc — were often not grateful enough to the  
majority. Hence the need to periodically issue them a warning.

In the perspective of the chauvinist, a proper, good and reliable Sri  
Lankan must apparently be a Tamil-hating or at least Tamil- 
distrusting Sinhala. Change a word or two, substituting ‘Indian’ for  
‘Sri Lankan’, ‘Muslim’ for ‘Tamil’, and ‘Hindu’ for ‘Sinhala’, and  
you arrive, more-or-less, at the core beliefs of Hindutva. The  
parallels run further still. Consider the strong element of paranoia  
that characterises the Hindu as much as the Sinhala chauvinist. Thus  
the Sinhala bigot venerates the memory (or the myth) of a king named  
Dutegemunu, who back in the 2nd century BC is believed — or alleged —  
to have defeated a Tamil king. The exploits — real or imagined — of  
Shivaji and Rana Pratap serve the same symbolic purpose for the Hindu  
bigot, which is to invoke a militantly nationalistic past in which  
the foreigner or invader was humbled or killed.

In India, as in Sri Lanka, the myths of the past inform the  
poisonously practical politics of the present. Thus the Rashtriya  
Swayamsewak Sangh also rants on about the various Western powers out  
to demean and defeat Bharat Mata; it also reserves a particular  
opprobrium for NGOs and human rights groups. But it goes further —  
singling out, as particular enemies of the Hindu nation, those  
independent-minded intellectuals whom they deem to be in thrall to  
the unholy Western Trinity of Marx, Mill and Macaulay. (Since there  
is no substantial intellectual class in Sri Lanka, the Sinhala bigots  
can, fortunately for them, claim one enemy less.)

To be sure, similar forms of chauvinism can be found in other  
countries as well. In South Asia itself, the Islamists in Bangladesh  
and Pakistan consider their chief enemy within to be the Muslim  
liberal who engages with the West; and their chief enemy without to  
be the malign Hindus of India, here accused of conspiring to keep the  
Islamic umma from claiming its rightful place. Looking further  
afield, we have those Americans — such as the late political  
scientist Samuel Huntington — who claim that only those who speak  
English, celebrate the achievements of the West, and have an  
allegiance to the Christian creed can count as wholly reliable  
citizens of the United States of America.

Many years ago, the great Kannada writer Sivarama Karanth insisted  
that it was impossible to talk of ‘Indian culture as if it is a  
monolithic object’. ‘Indian culture today’, he pointed out, ‘is so  
varied as to be called “cultures”. The roots of this culture go back  
to ancient times: and it has developed through contact with many  
races and peoples. Hence, among its many ingredients, it is  
impossible to say surely what is native and what is alien, what is  
borrowed out of love and what has been imposed by force. If we view  
Indian culture thus, we realise that there is no place for chauvinism.’

These words need to be read afresh in India. But, as the civil war in  
Sri Lanka nears its end, they need to be read and heeded across the  
Palk Straits too. Far from being ‘the only organic race’ of their  
island, the Sinhala almost certainly migrated there from eastern  
India. In any case, in later centuries the culture of the island has  
been influenced and enriched by many races and peoples, among them  
Tamils, Arabs, the Dutch, the Portuguese, and the British, who in  
religious terms were variously Hindu, Christian, Muslim, Parsi and  
atheist as well as Buddhist. The LTTE is a terrorist organisation —  
it is impossible to defend them. However, if their defeat at the  
hands of the Sri Lankan army leads to a consolidation of Sinhala  
chauvinism, it will be impossible to defend that, too.

Ramachandra Guha is a historian and the author of India After Gandhi


_____


[4]  Pakistan And India: Resume Peace Process Dont Give into Hawks !


Daily Times, February 17, 2009	

EDITORIAL: INDIA AND PAKISTAN MUST RESOLVE SIR CREEK

In June this year, the deadline for claiming exclusive economic zones  
(EEZ) and the continental shelf under the United Nations Convention  
on the Law of Seas (UNCLOS) will run out for India and Pakistan. If  
the two countries agree on the maritime boundaries and submit a  
consensual statement at the UN, they can exploit the nearly 200  
nautical miles of economic zone in the Indian Ocean; but if they  
don’t agree, the UN will embargo their doing so till they reach an  
agreement. Consequently, India and Pakistan are expected to submit  
conflicting claims in May. They are deadlocked over their differing  
positions on Sir Creek that determines the maritime boundary between  
them.

The Indo-Pak composite dialogue, which discussed the Sir Creek  
dispute with some success, is on hold after the Mumbai attacks in  
November last year. India is in no mood to restart the talks, which  
means the two countries could well submit clashing claims and once  
again put the world on notice about their recalcitrance. The two  
countries might do other things too that would shock the world.  
Because of the absence of an agreed line on the waters of the Indian  
Ocean stretching from the Sir Creek boundary, their navies have been  
pouncing upon each other’s fishermen and keeping them in jail to give  
rise to another story of inhuman treatment that citizens of India and  
Pakistan have to endure.

India has a coastline 7,417 km long out of which the Gujarat state  
has 1,663 km, which is one-third of the entire coastline, making  
Gujarat the principal maritime state of India. Because of a rich  
delta, Gujarat has the best fishing, and the Gulf of Kutch has the  
best fish known in India. Next to Gujarat is Pakistan and there are  
no agreed maritime frontiers between the two. The Maritime Zones Act  
of India 1976 and 1981 under which the fishermen are caught and  
punished doesn’t conform to UNCLOS which India has signed. Pakistan  
is guilty of the same non-conformity.

Sir Creek no longer flows and has shifted westwards, to Pakistan’s  
disadvantage. Pakistan wants the boundary established according to  
the historical maps; India wants that too but according to thalweg  
(mid-channel line). As both the countries have been deadlocked after  
9 rounds of discussions till 2006, the fishermen suffer at the hands  
of the police and intelligence agencies. These poor original owners  
of the coast are doomed because both countries have killed the  
world’s biggest mangroves and fish reserve through pollution and are  
now simply focused on oil and gas that might or might not be there on  
the continental shelf. Let’s hope that there is no secret discovery  
of oil or gas in the uncharted waters or the two could start spoiling  
for war.

In January last year, India and Pakistan raised hopes of those  
concerned about the suffering of the fishermen. (A recent documentary  
by a TV channel shot among the families who have lost their men to  
Indian jails was almost impossible to watch because of its depiction  
of pain.) A 20-day joint survey of the Creek as well as the adjacent  
sea was undertaken by hydrographers from both sides so that a  
mutually agreed map at least could be drawn up. That advance sadly is  
rolled back and India is disinclined now to get into talks again.  
India also keeps fishermen from Sri Lanka and Bangladesh in its  
various jails because of lack of agreement on maritime boundaries  
with the two neighbours.

Can we hope that matters will improve for the better? The UNCLOS  
deadline and the economic loss that non-agreement will inflict after  
the deadline is past should persuade India and Pakistan to sit down  
and resolve the dispute quickly. *

o o o

Inter Press Service

PAKISTAN/INDIA:  TALIBAN AS COMMON ENEMY
Analysis by Beena Sarwar

Taliban cloud moves to Pakistan.

Credit:Muhammad Zahoor, 'Daily Times', Peshawar

KARACHI, Feb 17 (IPS) - Since being elected to office five months  
ago, Pakistan President Asif Ali Zardari has often declared that  
Pakistan’s single biggest challenge stems from ‘religious’ militants.

These include the Taliban, the international al-Qaeda and Pakistan’s  
own home-grown ‘holy warriors’, cultivated during the 1980s Afghan  
war against the occupying Soviets.

The approach taken by Zardari, Pakistan’s first popularly elected  
president in over a decade, differs markedly from the Pakistani  
establishment’s long-held stand that the country’s real enemy is India.

Since gaining independence from colonial rule and partition on  
religious grounds, in 1947, India and Pakistan have fought four wars,  
counting the Kargil ‘war-like situation’ of 1999 - a year after both  
countries tested nuclear weapons.

"India," Zardari has said categorically, "is not our enemy."

Pakistan’s Interior Minister Rehman Malik recently took many by  
surprise with his belated public acknowledgement that the Mumbai  
attacks of Nov. 2008 in which 180 people died were partly plotted in  
Pakistan. He also announced criminal proceedings against eight  
suspects, including three alleged ringleaders.

"I want to assure the international community, I want to assure all  
those who have been victims of terrorism, that we mean business,"  
said Malik said at a news conference on Feb. 12 in Islamabad, showing  
journalists a copy of Pakistan’s findings that were later handed over  
to India.

This was, as Indian journalist Siddharth Varadarajan wrote, "the  
first time the Pakistani state has ever publicly acknowledged that  
specific individuals and organisations based on its territory were  
actively involved in staging a terrorist attack on India" (‘Time for  
India to think of carrots too, not just sticks’, The Hindu, Feb. 13,  
2009).

Pakistan’s admission appears to have confounded critics in India who  
had been certain that Pakistan would never admit to India’s  
allegations that the conspiracy was hatched in Pakistan or that the  
attackers were Pakistani nationals.

The admission "raised suspicion in New Delhi's paranoid security  
establishment," commented Sanjay Kapoor in the ‘Hardnew’s magazine,  
New Delhi, "The obvious questions that are being asked are: why did  
Pakistan do a volte-face and where will this new trajectory of their  
probe lead to?"

There is a widespread perception that Pakistan’s admission was due to  
pressure from Washington, which has repeatedly voiced concern that  
tensions between the two countries would distract Pakistan from the  
‘war on terror’ against the Taliban and al-Qaeda.

Both Washington and New Delhi have welcomed the move. So have peace  
activists.

"They should have made this admission much earlier," said Musarrat  
Hilali, a former (and first woman) advocate general of the North West  
Frontier Province (NWFP) that borders Pakistan’s tribal areas next to  
Afghanistan, and chairperson of the NWFP chapter of the independent  
Human Rights Commission of Pakistan.

"Everyone knew that the attackers came from Pakistan," she added.  
"What was the point of denying it for so long? It would have built up  
confidence if they had said it earlier. Perhaps the rift between the  
two countries will decrease if Pakistan takes an honest stance to  
what is an international level problem, so that we stop being seen as  
liars around the world."

Even so, the "dramatic reversal of Islamabad’s long-standing policy  
of denial and its significance ought not to be minimised in any  
way... The international political cost to the establishment of  
turning back from here has risen dramatically," said Varadarajan,  
writing that this was possibly the main reason behind the delay in  
Pakistan’s admission.

The Indian government must now "resist the temptation to gloat or to  
pick quick holes in what the Pakistani investigation into Mumbai has  
revealed", and it must take "a constructive approach" to sharing  
information and evidence, he urged.

Analysts hope that such information sharing can lead to the  
possibility of starting a joint-terror mechanism or reviving one that  
exists under the largely toothless South Asian Association for  
Regional Cooperation (SAARC).

Varadarajan wisely suggests communicating responses "directly to  
Pakistan rather than through piecemeal, or even misleading, leaks to  
the media" and an urgent "moratorium on hostile rhetoric and  
accusatory statements".

However, nothing will really change as long as Pakistan continues to  
invest heavily in Afghanistan in a bid to develop what policy makers  
term as ‘strategic depth’ and counter the growing Indian influence  
across Pakistan’s western border, says lawyer Kamran Arif, speaking  
to IPS over the phone from Peshawar, capital of the North-West  
Frontier Province NWFP, where he is based.

"If Pakistan continues this policy, things will just continue as they  
are," Arif said. "Afghanistan, India and Pakistan - it’s all linked."

The United States includes itself in this loop, as special envoy to  
Pakistan and Afghanistan Richard Holbrooke acknowledged during his  
recent visit to India.

"For the first time in 60 years, your country, Pakistan and the U.S.  
all face an enemy (the Taliban) that poses direct threats to our  
leaderships, our capitals and our people," Holbrooke told reporters  
in New Delhi after meeting with top-level Indian ministers.

Hilali and Arif were both among the high-profile 24-member delegation  
that recently visited India under the aegis of South Asians for Human  
Rights (SAHR), a non-government organization started, among others,  
by the prominent lawyer and HRCP Chairperson Asma Jahangir.

"Everyone we talked to agreed that war is not an option," said Arif.  
"But there was great anger among ordinary people who saw continuous  
coverage of the Mumbai attacks on numerous television channels for  
three days straight. There was also anger about how the Pakistan  
government and some journalists handled matters."

Arif noted two positive aspects. One was that in the state elections  
just after the Mumbai attacks, people did not vote for the right-wing  
parties which tried to whip up war hysteria.

Secondly, public anger was not directed against India’s sizeable  
Muslim minority (150 million) as has happened in previous cases of  
tension between India and Pakistan.

Pakistan and India have also maintained diplomatic ties - although  
the composite dialogue process remains on hold - despite pressure  
from the hawks.

Still, either due to disorganisation or reluctance to give Pakistan a  
face other than the stereotypes popularized in the media, the Indian  
media largely ignored the delegation, according to Jawed Naqvi, a  
senior Indian journalist who works as New Delhi-correspondent for the  
Pakistani daily Dawn.

Naqvi criticised the Indian media for its self-absorbed, blinkered  
view of Pakistan, "happy to show repeated looped shots of a mullah on  
a Pakistani channel ranting that India be destroyed, if necessary  
with nuclear weapons" (‘Peace activists are great folks, so why are  
we still in trouble?’, Dawn, Jan. 26, 2009).

The security establishments of both India and Pakistan rely on  
stereotypes about each other, reinforced through the school  
curricula, popular media and entertainment industries of both  
countries, to build up an image of ‘the enemy’ populated by ‘the  
other’ to buttress nationalism.

Peace activists in both countries reject these stereotypes at the  
risk of being labeled ‘traitors’ and ‘anti-national agents’.

Hilali told IPS that an Indian delegation is due to arrive in the  
near future in a bid to continue the "people to people links between  
the two countries, which is so important".

Only two Indians attended the recently concluded Kara Film Festival  
in Karachi, the prominent director Mahesh Bhatt and the actor Nandita  
Das whose directorial debut ‘Firaaq’ (Separation) made its Pakistan  
premiere at the international festival.

Das, the only Indian on the flight to Karachi she took, told the  
audience that people were surprised she was making the trip. "It is  
when times are difficult that there is more of a need to speak out,"  
she said.

o o o

SEE ALSO:
INTERIM BUDGET RAISES DEFENCE OUTLAY BY 34% (16 Feb 2009, 1402 hrs  
IST, Timesofindia.com)
"Mumbai attacks have given a new dimension to cross-border terrorism.  
In this context, I propose to raise defence allocation to Rs.1,41,703  
crore," said Mukherjee.
http://timesofindia.indiatimes.com/Interim-Budget-raises-defence- 
outlay-by-34/articleshow/4135219.cms


26/11 OILS WHEELS OF ARMS BAZAAR
by Sujan Dutta (The Telegraph - 12 Feb 2009)
http://www.telegraphindia.com/1090212/jsp/frontpage/story_10522780.jsp


_____


[5]  India Administered Kashmir:  Call for Justice

http://www.sacw.net/article647.html

To: Mr. Omar Abdullah
Chief Minister
Jammu and Kashmir

From: The International People's Tribunal on Human Rights and Justice  
in Kashmir

Conveners:
Dr. Angana Chatterji, Associate Professor, Anthropology, California  
Institute of Integral Studies
Advocate Parvez Imroz, Founder, Jammu and Kashmir Coalition of Civil  
Society
Gautam Navlakha, Editorial Consultant, Economic and Political Weekly
Zahir-Ud-Din, Vice-President, Jammu and Kashmir Coalition of Civil  
Society

Legal Counsel:
Advocate Mihir Desai, Mumbai High Court, Supreme Court of India, Co- 
founder, Indian People's Tribunal

Liaison:
Khurram Parvez, Programme Coordinator, Jammu and Kashmir Coalition of  
Civil Society


February 11, 2009

RE.: MEMORANDUM ON HUMAN RIGHTS, PEACE, AND SOCIAL JUSTICE

Dear Mr. Omar Abdullah:

We write you today on behalf of the International People's Tribunal  
on Human Rights and Justice in Indian-administered Kashmir. [A brief  
on the Tribunal's premise and objectives may be found at: http:// 
www.kashmirprocess.org/premise.html.]

We write, mindful that you have promised attentiveness and  
accountability to human rights issues in Kashmir, to bring to your  
attention the need for appropriate action with regard to the following:

1. Disappearances: You have raised issues of enforced disappearances  
in Kashmir in the past. We ask that you order a full-scale  
investigation under provisions of the Commissions of Inquiry Act,  
1952, and/or other relevant laws, within a stipulated and reasonable  
timeframe.

We ask as well that all laws of Jammu and Kashmir incorporate the  
premise of the United Nations Declaration on the Protection of All  
Persons From Enforced Disappearance, the International Convention for  
the Protection of All Persons from Enforced Disappearance, and the  
Convention Against Torture and Other Cruel, Inhuman or Degrading  
Treatment or Punishment.

2. Killing by Police Firings, Fake Encounter Killings, and  
Extrajudicial Killings: We ask that you use all authority granted you  
by law to take strong and effective preventive measures to ensure  
that these are not repeated. As well, we urge that the cases that  
have been pending in courts, and those that have not been filed, be  
expeditiously dealt with and the perpetrators be brought to justice.  
We ask that the Government of Jammu and Kashmir follow the cases  
pending for sanctions before the Government of India's Home Ministry  
under Section 7 of Armed Forces Special Powers Act, 1958, (AFSPA). We  
ask that the state make public the number of cases in which sanctions  
have been sought from the Government of India, and the number of  
cases in which the same have been granted.

3. Mass Graves: We note the existence of mass graves in Kashmir, as  
verified by the Association of Parents of Disappeared Persons and the  
International People's Tribunal for Human Rights and Justice in  
Kashmir in 2008. We note that there are connections between the  
number of persons disappeared and these unmarked, unidentified,  
nameless, and unknown graves. We also note that various international  
institutions and bodies, such as the European Parliament, have  
referred to this issue and made recommendations for action. We ask  
that your government offer protection to the sites to not permit  
their desecration or destruction, enable independent and transparent  
investigations drawing upon varied, credible, and international  
expertise, and institute an independent and transparent judicial  
commission of inquiry.

4. Torture: It has been acknowledged by international human rights  
organizations that the use of torture by military and paramilitary  
forces is widespread in Kashmir. [See documentations available at  
http://www.kashmirprocess.org/resources.html.] As well, the  
Government of India is yet to ratify the Convention Against Torture  
and Other Cruel, Inhuman or Degrading Treatment or Punishment,  
although it has been a signatory since October 1997. In this context,  
we ask that the Government of Jammu and Kashmir institute a  
comprehensive ban on practises of torture as defined by international  
law and humanitarian ethics.

5. Detention and Torture Centres: We ask that unlawful detention and  
torture centres, including in army camps, be identified, made public,  
and banned. Further, we ask that appropriate reparations be  
determined and undertaken with regard to unlawful and  
unconstitutional practises undertaken in these camps and centres. We  
ask that international institutions, such as the International  
Committee of the Red Cross (ICRC), be permitted to visit the above  
places to assess the situation independently.

6. Gendered and Sexualized Violences: We note the severity of  
gendered and sexualized violences that have been perpetrated in  
Kashmir in the last two decades. Women and children, and others, have  
been victimized by horrific forms of brutality, including rape, gang  
and collective rape, perpetrated on women. Other categories of  
victimization include women whose male partners are missing, labelled  
‘half-widows’. Women and children, and others, have been subjected to  
physical and psychological torture and trauma, and social and literal  
displacements. We note the urgency of undertaking ethical,  
transparent, and independent assessments of the above in conditions  
that ensure the safety and security of the survivors/victims, and  
undertaking requisite reparations and rehabilitation.

7. Prisoners Rights: We ask that prisoners’ rights not be violated,  
and that medical aid be readily made available, and that the right to  
legal counsel, due process, fair and speedy trials be upheld.

8. Rights of Former Militants: We ask that the civil liberties of  
former militants and their families be respected. We note that the  
civic and political rights of former militants, who are now living  
different and committed lives, continue to be violated by personnel  
of the military and paramilitary forces. We note that some of them  
have been subjected to torture after serving sentences and deemed  
'rehabilitated' by the justice system. We note that many still have  
to report to local camps of the security forces on a weekly basis. We  
note as well that former militants and their families continue to be  
subjected to maltreatment and denied access to social life, such as  
to institutions, employment, and pensions.

9. Juvenile Justice: We ask that youth not be taken into custody,  
held, or tried as adults, and that their rights to legal counsel, due  
process, and fair and speedy trials be upheld. We ask that a law be  
enacted that guarantees juvenile justice, that safeguards the rights  
of juveniles in conflict with law, and neglected and destitute  
juveniles.

We note that young people in general, particularly girls and young  
women, must be guaranteed an environment free of sexual harassment  
and violence.

We note that young people need to be guaranteed freedom from forms of  
harassment that undermine their right to education. Impediment to  
livelihood of adults creates economic insecurity that impacts youth.  
Family livelihood insecurity compels youth to earn income rather than  
foreground education and development. Proximity to systemic violence  
produces severe emotional trauma that manifests as depression,  
suicidal behaviours, self-medication through drugs, as well as  
retreat and isolation as coping strategies. There are inadequate  
provisions to address these issues and respond to these needs. We  
urge recognition of this reality and the allocation of resources to  
address these issues.

10. Access to Justice: We ask that all persons seeking to access  
institutions of law and justice be retreated with respect and non- 
violence by law enforcement agencies. We note that, in countless  
instances, complaints are disregarded by the police, false first  
information reports (FIRs) filed, and people's request to file FIRS  
are met with disrespect, even force.

11. Landmines: We note that the placement of landmines along the  
border and other sensitive areas in Jammu and Kashmir continues to  
endanger lives, including those of children. While the Government of  
India is not a signatory to the Convention on the Prohibition of the  
Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and  
on their Destruction, and has continued to justify landmine use in  
Jammu and Kashmir, we ask that the Government of Jammu and Kashmir  
institute a comprehensive ban on the use of landmines. We ask that an  
audit be conducted to ascertain the impact of landmines on local  
communities, to determine the extent of casualties, devastation, and  
displacement, and undertake rehabilitation of those affected and de- 
mining.

12. Transparency: We urge that the Government of Jammu and Kashmir  
ensure that international organizations and institutions, that have  
access to other places, are allowed to visit Jammu and Kashmir. We  
note that the ability of international institutions to work with  
local civil society institutions in Jammu and Kashmir is crucial to  
interrupting isolation and producing accountability.

We ask that thousands of families who have been denied passports,  
including human rights defenders and journalists, be provided the same.

We ask that, prior to contractual agreements and implementation, all  
development projects be assessed for their human rights implications.

13. Laws and States of Exception: We note your commitment to the  
revocation and withdrawal of security related legislation that has  
been in contravention of international humanitarian laws and norms,  
such as the Armed Forces Special Powers Act, 1958, (AFSPA), enacted  
in Jammu and Kashmir in 1990, the Disturbed Areas Act, 1976, enacted  
in Jammu and Kashmir in 1992, and the Jammu and Kashmir Public Safety  
Act of 1978. We reiterate the urgent need for the revocation of the  
Armed Forces Special Powers Act, 1958, the Disturbed Areas Act, 1976,  
the Unlawful Activities (Prevention) Act, 1967, and the Jammu and  
Kashmir Public Safety Act of 1978. We also note that continued  
criminal proceedings using the Prevention of Terrorism Act, 2002, and  
the Terrorist and Disruptive Activities (Prevention) Act, 1985, 1987,  
must be stopped.

While the safety and security of citizens must remain of paramount  
concern, we ask that you remain vigilant to the problematic  
parameters and consequences of certain national security laws used to  
proscribe political dissent and deny freedom of expression, freedom  
of speech, and freedom of assembly, and deny the democratic right to  
peaceful mobilization and dissent. We note that certain national  
security laws, in name of retributive justice, have been/may be used  
to perpetrate state violence, subvert due process of law, undermine  
civil liberties, and freedom of the press, eroding rule of law,  
permitting torture and sexualized violence on those in state custody,  
criminalizing innocent persons, and, in effect, undermining the  
safety and security of citizens.

14. Commissions of Inquiry: We ask that the reports and/or findings  
of various Commissions of Inquiry that have been instituted to  
inquire into instances of gross violations of human rights, law, and  
social justice be made public and that these commissions be ordered  
to complete their charge. Further, from available information, we  
register our concern that between 2000-2007 only three statutory  
inquiries have been commissioned and that other inquiries instituted  
have been magisterial and administrative probes. We ask that, based  
on ethical assessments of gross violations of human rights, law, and  
social justice, relevant statutory inquiries be ordered, as  
appropriate, to investigate these crimes. We ask that various  
agencies, including military and paramilitary institutions, be  
required to cooperate with instituted commissions in order that they  
may carry out their investigations. We ask that the recommendations  
of the commissions be enacted.

15. Minorities: We note that peace and reconciliation requires  
commitment to minority rights and issues, and the ethical and  
transparent resolution of injustices. We ask that an audit be  
conducted to ascertain the status of minorities in Kashmir, and  
related to the displacement, dislocation, and rehabilitation of  
minorities in Jammu and Kashmir, to propose mechanisms for reparation  
and reconciliation.

16. Truth and Reconciliation Commission: We note your public  
commitment to instituting a 'Truth and Reconciliation Commission  
(TRC)'. We are hopeful that you will appreciate that such a process  
must facilitate the implementation of justice as a precondition to  
reconciliation. We further note that the viability and success of a  
TRC is only possible in a context where demilitarization has taken  
place, enabling a social context in which the will and freedom of the  
people of Kashmir can be exercised.

17. In conclusion, we write you today mindful of how the conditions  
for peace and prosperity are linked to the possibility and necessity  
of justice in Kashmir. We understand the work of the International  
People's Tribunal for Human Rights and Justice in Kashmir as enabling  
the work of justice. Toward that, we hope and expect that the  
Tribunal will continue to undertake its work in conditions that are  
not impeded.


Yours Sincerely,

Angana Chatterji, Parvez Imroz, Gautam Navlakha, Zahir-Ud-Din, Mihir  
Desai, Khurram Parvez


_____


[6]  India: Dont be deaf and dumb to communal danger

The Asian Age
February 18, 2009

RAM SENE NOT FRINGE, IT’S COLOURED SAFFRON

by Inder Malhotra

WHAT began at a Mangalore pub last month and manifested itself  
menacingly on Valentine’s Day in a number of states — from Karnataka  
to Haryana, from Madhya Pradesh to Maharashtra — cannot be dismissed  
as a mere aberration by a small lunatic fringe. It is a dangerous  
trend which, if unchecked immediately, could talibanise a religion  
that has been most tolerant for millennia and a country whose  
legitimate pride lies in its secular traditions and respect for  
people’s Fundamental Rights.

In the first place, the number of goons and thugs who go on a rampage  
at will is not as small as it is made out to be. Secondly, the  
perpetrators of unacceptable barbarity get away easily. Either they  
are not arrested or, if taken into custody, are let off on bail. No  
wonder more and more goons are joining their ranks in a milieu in  
which violence on any pretext is routine. Thirdly, and most gravely,  
the likes of Pramod Muthalik, who are self-appointed custodians of  
Hindu culture as well as morals and morality, have the tacit support  
of the votaries of Hindutva who dominate the principal Opposition  
party, the Bharatiya Janata Party (BJP). There can be no other  
explanation for the fact that L.K. Advani, the BJP’s prime  
ministerial candidate, hasn’t uttered a word of condemnation so far  
about Valentine’s Day incidents.

In fact, after the Mangalore outrage, BJP leaders did condemn it and  
declared emphatically that it was the handiwork of "anti-social  
elements" with whom their party had nothing whatsoever to do. This  
pretence could not hold water. The antecedents of Mr Muthalik and his  
associates showed how close their links were with the saffron party  
before personal differences drove them to organise a new outfit  
called Sri Ram Sene. In any case, whatever the names of various  
senas, all of them are members of the extended Sangh Parivar,  
presided over by the Rashtriya Swayamsewak Sangh (RSS). Bajrang Dal  
members, who were hyperactive on Valentine’s Day, have been the  
Hindtuva camp’s storm-troopers since before Mr Advani’s rath yatra  
and the demolition of the Babri Masjid. In the circumstances, those  
who say that parcels of pink knickers should have been sent not to Mr  
Muthalik but to Mr Advani, Rajnath Singh and the chief minister of  
Karnataka, B.S. Yeddyurappa, have a point.

It would, of course, be wrong to condemn the BJP governments alone  
though it is hair-raising that the "saviours" of Hinduism should have  
attacked a brother and sister duo in Ujjain, Madhya Pradesh, where  
the saffron party has been returned to power in the recent Assembly  
elections. In the wake of Mangalore incidents, the newly-appointed  
Congress chief minister of Rajasthan spoke of "pub culture" in a  
language indistinguishable from that of the Karnataka chief minister,  
who pontificated that it was wrong for people to take the law into  
their hands, but he wouldn’t allow the "pub culture" to grow. The  
Rajasthan chief minister backtracked only after top Congress leaders  
frowned on him. On Valentine’s Day, in Maharashtra, ruled by a  
Congress-led coalition, vandalism by the Hindutva goons was as  
widespread as in Madhya Pradesh.

And to Congress-ruled Haryana goes the dubious and shameful  
distinction that one of its assistant sub-inspectors of police,  
instead of protecting victims of violence, dragged a girl by her hair  
and treated her in a beastly manner. His suspension means nothing.  
He’ll be back in his job soon, if past practice is any guide. The  
Karnataka government’s action in the case of the teenaged girl who  
committed suicide because she was humiliated and brutalised by the  
Hindutva hoodlums is nothing short of monstrous. The state police  
arrested the Muslim boy she was accompanying in a bus but not her  
assailants. The district superintendent of police’s explanation was  
that if he had arrested the "real culprits", there would have been a  
communal riot!

Let there be no mistake that the looming peril is great and the  
stakes in defeating it are high. The message of the "custodians" of  
Hindu religion and culture amounts to a wail that Hinduism would be  
destroyed if some girls drink beer at a pub or if a boy and girl walk  
hand-in-hand or if a young man presents roses or chocolates to his  
wife or girlfriend on February 14. What is the remedy prescribed by  
these paranoid backwoodsmen? To "semitise" the Hindu religion, in the  
words of historian Romila Thapar, by imposing a strict and uniform  
code on every Hindu, just as the Wahabbis did in Saudi Arabia in the  
past and the Taliban are doing in Afghanistan and Pakistan now.

Not only does the Hindu religion have no book and no Pope, but it  
also doesn’t impose any compulsion on its followers. It is not at all  
compulsory to go to a temple or to pray. Hundreds of millions worship  
at temples regularly, and an equal number don’t. Moreover, the notion  
of a monolithic Hindu culture is ridiculous in such a vast and hugely  
diverse country. Different patterns prevail in different regions. To  
give only one example, in Tamil Nadu, for a Hindu to marry his  
sister’s daughter is not just permitted but is considered the right  
thing to do. In north India this would be reprehensible incest.

The Indian state and civil society must learn from what has happened  
in Pakistan. President Asif Ali Zardari has candidly admitted that  
the Taliban could "take over" the country. Earlier, in an article in  
Newsline titled "The Saudi-isation of Pakistan", the highly respected  
Pakistani academic Pervez Hoodbhoy had warned: "It is a matter of  
time before the fighting (in the wild areas…) shifts to Peshawar and  
Islamabad (which has already been a witness to the Lal Masjid  
episode) and engulfs Lahore and Karachi as well". He also explained  
why. Instead of resisting the religious extremism, "the (Pakistani)  
state used religion as an instrument of policy". A stage has now been  
reached where "every

incumbent government (is) fearful of taking on powerful religious  
forces". Let this country not say later that it wasn’t forewarned.


_____


[7] MISCELLANEA:


DAWKINS ON DARWIN
Why we really do need to know the amazing truth about evolution, and  
the equally amazing intellectual dishonesty of its enemies
Richard Dawkins (The Times Literary Supplement - February 11, 2009)
http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/ 
the_tls/article5707143.ece

NATURE VIDEO: DAVID ATTENBOROUGH ON DARWIN
http://www.youtube.com/watch?gl=GB&hl=en-GB&v=uz7U4k522Pg

DEFYING DARWIN (The Guardian, Tuesday 17 February 2009)
http://www.guardian.co.uk/science/2009/feb/17/evolution-versus- 
creationism-science


o o o

Catholics for Choice
For Immediate Release
10 February 2009

CATHOLICS FOR CHOICE STATEMENT ON THE 80TH ANNIVERSARY OF THE LATERAN  
TREATY

Jon O'Brien, president of Catholics for Choice, issued the following  
statement to mark the 80th Anniversary of the Lateran treaty between  
the Vatican and Italy on February 11.

"Eighty years ago, the Holy See and the Italian government signed an  
agreement that gave legal status to the area we know as Vatican City.  
Since that time, various popes have expanded the political reach of  
this tiny area, gaining recognition and influence at the United  
Nations and other international bodies. The anniversary gives us an  
opportunity to reconsider the role that the Vatican, or Holy See,  
plays in the world today, particularly at the UN.

"The Holy See is a Non-member State Permanent Observer at the United  
Nations. It is the only entity to hold such status since Switzerland  
became a full member in 2002. This status allows the Holy See to have  
some state privileges at the UN, such as being able to speak and vote  
at UN conferences. No other religious body is granted this elevated  
status; instead other religious bodies participate at the UN as  
nongovernmental organizations. Worse, the Holy See is represented at  
these meetings by the hierarchy, whose views are in no way reflective  
of the views of the one billion-plus Catholics the world over. And  
when others object to the hierarchy's policies, the Vatican's  
representatives denounce such objections as anti-Catholic or anti- 
religious.

"It is worth noting that the Holy See's claims to statehood change  
depending on the circumstances. In recent years the Holy See has,  
when convenient, both asserted and renounced its statehood. Recently,  
and nearly simultaneously, the Holy See claimed statehood to ask for  
diplomatic immunity from sex abuse cases in the United States while  
denying statehood to refuse cooperation with the International  
Criminal Court. Often, when denying its state status, the Holy See  
instead claims to be a religious institution, accompanied by demands  
that the First Amendment of the United States Constitution protect  
the actions of the church after claims that members of the hierarchy  
mismanaged allegations of sexual abuse.

"There is no doubt that the Roman Catholic church has made  
significant contributions to the well-being of Catholics and non- 
Catholics throughout the world through the provision of many much- 
needed social services. However, if the UN and other bodies were to  
review its status as a "state," there is no suggestion that the  
unquestioned good works of the Catholic church would stop. In fact,  
there is the possibility that they would increase, as so many of its  
officials would be freed from the diplomatic duties they currently  
perform.

"The Holy See's opposition to policies that promote reproductive  
health, including especially its opposition to the use of condoms to  
prevent the spread of HIV, overshadows the good work that many  
members of the church do. The impact of these policies is enhanced by  
the political role that the Holy See plays in the world. When the  
Holy See participates as a state in the international system,  
religious freedom is endangered, women's lives are placed at risk and  
public health efforts are hampered. The time has now come to allow  
the Holy See's contradictory position on its own statehood to speak  
for itself, and for the United Nations and other bodies to start  
treating the Vatican for what it is: the government of a religious  
institution."

_____



[8] ANNOUNCEMENTS:

(i)  Just Published

ROGUE AGENT: HOW INDIA'S MILITARY INTELLIGENCE BETRAYED THE BURMESE  
RESISTANCE 	
by  Nandita Haksar	
		
Penguin Books India
February 2009 / 256pp
ISBN: 9780143064893

• An undercover operation involving Burmese rebels and Indian  
Intelligence agencies set amidst the palm trees and beaches of the  
Andaman Islands.
• It all went horribly wrong. Were the Burmese betrayed by Indian  
Intelligence? If so, why?
• Haksar‘s investigation unfolds like a thriller set against the  
background of the geo-politics of the Indian Ocean.

Why is democratic India silent about the struggle for liberty in Burma?

When Nandita Haksar took up the case of thirty-six Burmese prisoners  
in Port Blair’s jail, she thought it was a simple case of illegal  
detention.

But as she painstakingly pieced her clients’ stories together, the  
case took on a markedly more complex colour. The Burmese claimed they  
had been double-crossed by an Indian military intelligence agent  
during an undercover operation in the Andaman Islands. The operation  
had the support of India’s intelligence agencies; in return the  
Burmese were to receive assistance in their struggle against  
Myanmar’s military Junta. Yet it all went horribly wrong: during the  
operation some Burmese freedom fighters were shot dead and  
subsequently the thirty six survivors were held without charges. The  
agent disappeared.

Haksar‘s investigation unfolds like a thriller set against the  
background of the geo-politics of the Indian Ocean. The rivalries  
between India and China, the growing importance of Myanmar’s gas  
reserves and the insurgencies in India’s north-east are all critical  
factors in the chain of events. Rogue Agent exposes not only the  
injustice meted to the thirty-six Burmese prisoners and the  
extraordinary silence of the state on the circumstances surrounding  
the agent’s disappearance but it also argues that by keeping patriots  
from the Burmese resistance in jail in order to placate the Myanmar  
military junta, India has broken its own laws and has violated the  
spirit of its own Constitution.


- - -

(ii) FILM SCREENING:

Research Centre for Women's Studies
SNDT Women's University
Juhu Campus invites you to the screening of

  DEGHAM

Tamil/English Subtitled/156 Mins/Colour

A film on  the transgender experience with Revathi, Narthaki Nataraj,  
Priya babu, Aasha Bharathi & Kalki talking about the complexities of  
the body

18 February
4 p.m.
Mini Auditorium
SNDT Women's University, Juhu Campus

Credits: Camera: R V Ramani, Editing: Swarnima Sinha, Sound: Jayanth  
Pradhan,
Direction: Vishnu Mathur
Produced by: C S Lakshmi, SPARROW

All are welcome.
Dr. Veena Poonacha
Director, RCWS, SNDT

_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

S o u t h      A s i a      C i t i z e n s      W i r e
Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. An offshoot of South Asia Citizens Web: www.sacw.net/

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