SACW | August 28-29, 2008 / Prachanda / Sarbahara / Orwell in Pakistan / Kashmir / Orissa Pogrom / Gujarat Victims

Harsh Kapoor aiindex at gmail.com
Thu Aug 28 21:52:06 CDT 2008


South Asia Citizens Wire | August 28-29, 2008 | Dispatch No. 2558 -  
Year 10 running

[1] Nepal: a remarkable peace (Ian Martin)
+ The Prachanda Path (Kunda Dixit)
[2] Bangladesh: IGP should immediately retract Sarbahara statement  
(Edit, New Age)
[3] Pakistan:
   (i) Revive political parties (I.A. Rehman)
   (ii) The unalterable law of life (Dr Rubina Saigol)
  (iii) Pakistan's Flawed Presidency (Liaquat Ali Khan)
  (iv) Letter of Protest to University of Texas re Creation A  
Pakistan Studies Chair in the Name of Charlie Wilson
[4] HRCP, People’s forum demand ease of travel between Pakistan,  
India (Amar Guriro)
[5] India Must Act on Kashmir Without being a Hostage to Its Hawks:
   (i) Peaceful Protests In Kashmir Alter Equation for India (Emily Wax)
   (ii) Histories, geographies and memories are at war in Jammu and  
Kashmir (Ananya Jahanara Kabir)
   (iii). The price of making peace in Jammu & Kashmir (Praveen Swami)
   (iv) Editors Guild slams police raid at scribe's house in Srinagar
   (v). Lathis - Tear-gas shells land on Valley, by air (Nishit  
Dholabhai)
   (vi) Refurbishing secular fabric - Saner elements, administration  
need to strengthen efforts
   (vii). Kashmir on the edge: Devolve powers to the state (Kuldip  
Nayar)
   (viii) Online Petition on Kashmir
[6] The Pogrom in Orissa - Another Stain on India:
  (i) Online Petition Against Attack on Christians in Orissa
   (ii) Orissa Violence: Join the Delhi Protest Demo at Orissa Bhawan  
Aug 29th at 10am
[7] India: Celebration of victimhood isn’t helping Gujarat. NGOs need  
to understand (Ayesha Khan)

______


[1]

NEPAL: A REMARKABLE PEACE
The country's politicians have worked through their differences, an  
achievement which should be recognised internationally

by Ian Martin
guardian.co.uk,
August 28 2008

Last Monday, Nepal's Maoist leader Kamal Dahal, known as "Prachanda",  
was sworn in as the first prime minister of the Federal Democratic  
Republic of Nepal, having won an overwhelming vote in the constituent  
assembly elected in April. The assembly's opening action had been to  
vote almost unanimously to abolish the 239-year-old monarchy, and in  
June ex-king Gyanendra Shah departed the palace, to remain in the  
country as an ordinary citizen.

Nepal fleetingly made headlines after the 2001 palace massacre of the  
previous monarch and his family: its 10-year civil war was seldom in  
the international limelight. So too, the country's unique peace  
process has rarely gained outside attention since the guns fell  
silent two years ago. Yet amid too many continuing conflicts and  
failing peace processes, a success story deserves to be recognised  
and supported.

I came to Nepal in mid-2005, when the human rights violations  
committed by both sides to the armed conflict, together with the  
crackdown on democratic rights as the king seized absolute power, led  
the international community to support a monitoring presence of the  
United Nations High Commissioner for Human Rights. With no end in  
sight to a war with thousands of civilian victims, and democracy far  
from the horizon, nobody could have foreseen how the people of Nepal  
would express their demand for peace and change. The turning point  
was the April 2006 people's movement, when hundreds of thousands took  
to the streets, for 19 successive days. The king was compelled to  
hand power back to the political parties, and the peace agreement  
that emerged ended the conflict, bringing the Maoists into an interim  
parliament and government, and promising elections for a constituent  
assembly.

The April 2006 people's movement also took the lid off social  
pressures often disregarded by the power elites. Although established  
as a unitary Hindu kingdom, with politics directed from the Himalayan  
foothills, today around half the population live in the fertile  
southern plains and more than one-third are from over 50 indigenous  
largely non-Hindu communities. Others are also historically  
marginalised from the social and political life of the nation,  
notably the Dalits, known sometimes as "untouchables", at the bottom  
of the Hindu caste system.

The restoration of democracy was for these groups a step towards wide- 
ranging social transformation, enabling them to participate more  
equally in the life of the country. Given that the election system  
for the constituent assembly needed to ensure their representation, a  
complex system of quotas was devised. Along with the success of  
socially diverse candidates fielded by the Maoists, the constituent  
assembly elected in April comprises unprecedented representation of  
marginalized groups.

Women, too, had been almost invisible in the political life of the  
capital, and indeed in the peace process itself. Now nearly one-third  
of the constituent assembly members are women – taking Nepal to first  
place in South Asia, and 14th place in the world league table of  
women's representation in nationally elected bodies.

The challenges that face Prime Minister Prachanda, the coalition  
government that is about to be formed, and the constituent assembly,  
are immense. The Nepali political actors have shown an extraordinary  
capacity to maintain dialogue and work through their differences, but  
trust among them is fragile – the Nepali Congress party has chosen to  
remain in opposition, dubious of the Maoists' commitment to  
democratic politics.

Nowhere in the world is the transformation of an armed insurgent  
group into a peaceful political movement quick or easy. The Maoists  
enter the new government still with their own army – confined to  
cantonments, with their weapons stored under UN monitoring – and a  
Young Communist League that has persistently acted outside the law.  
Commitments to resolve the future of the Maoist combatants, alongside  
what the peace agreements call the "democratisation" of the state  
army, must now be implemented. Another hurdle is to promote respect  
for the rule of law and address impunity: none of the human rights  
abuses – killings, disappearances or torture – by either side of the  
conflict has been effectively prosecuted.

The biggest challenges are those that address the roots of the  
insurgency: poverty, injustice and discrimination. One of the costs  
of the conflict has been the retreat of local governance and arrested  
development in a desperately poor country where over 80% of the  
population lives in rural districts. As Nepal aspires to becoming a  
federal democratic republic, expectations are high among diverse  
groups for greater control of their lives and resources. What  
federalism means in practice, taking account of the geographic and  
ethnic peculiarities of Nepal, is an elusive and potentially divisive  
concept. Reaching a national consensus will be a formidable task for  
the assembly, and meanwhile the Nepali people cannot wait until a new  
constitution is drafted to see real improvements in their daily lives.

Nepal's peace process has been truly indigenous: it has not been  
mediated or managed by any external third party. The UN has  
encouraged and facilitated the process – through quiet good offices  
during the last years of the conflict, through human rights  
monitoring, through assistance during the assembly election, and  
through monitoring the arms and armies during the transition. The  
Maoist and non-Maoist parties have asked the UN to maintain a  
political presence while the issue of the former combatants is  
resolved, and we stand ready to support peacebuilding, recovery and  
long-term development. From Delhi to Washington, from Brussels to  
Tokyo, the international community must be generous and steady in  
assisting Nepal to sustain the still fragile success of a remarkable  
peace process.

o o o

Wall Street Journal
August 28, 2008

THE PRACHANDA PATH

by Kunda Dixit

KATMANDU, Nepal -- It may have been just a coincidence that a week  
after he was sworn in, Nepal's new Maoist prime minister was in  
Beijing Sunday for his first foreign visit. But for Nepalis, the  
visit had geopolitical meaning. Our leaders traditionally first go to  
New Delhi, our largest trading partner, after taking office. The  
picture of Prime Minister Pushpa Kamal Dahal shaking hands with  
President Hu Jintao was splashed across all Nepali newspapers' front  
pages this week. Little wonder: Everyone's looking for signs about  
how this new government will behave.

After a 12-year war, a fragile two-year peace process and a crippling  
food and fuel crisis, voters' expectations are high. They voted for  
the Maoists in April elections hoping they would usher in an era of  
peace and development. But Mr. Dahal may actually find that waging  
war was easier than delivering on his party's utopian promises.

Mr. Dahal is still known here by his nom de guerre, Prachanda, which  
means "The Fierce One." He is the first Maoist in history to be voted  
in as head of state. The Maoists lead a shaky coalition with the  
United Marxist-Leninists (which despite its name is a moderate  
leftist party) and a regional party representing the Madhesi people  
of Nepal's eastern plains. The center-right Nepali Congress party  
decided to stay in the opposition.

In their ambitious election manifesto, the Maoists promised among  
other things "revolutionary" land reform, basic health and education,  
an ethnicity-based federal state structure and a South Africa-style  
Truth and Reconciliation Commission to investigate war crimes.  
Overarching all this are their wild promises to deliver 20% GDP  
growth and $3,000 per-capita income by 2020, and to transform Nepal  
into a "Singapore."

Mr. Dahal's more urgent challenge, however, is simply to provide  
economic relief. More than half of Nepal's population lives below the  
poverty line, hunger stalks the land and inflation is running at 20%  
for foodstuffs. The government can't afford to subsidize petroleum  
products and people have endured two years of long queues at gas  
stations.

How well will the new government meet these challenges? Finance  
Minister Baburam Bhattarai, the Maoist party's chief ideologue, wants  
to launch large showcase projects that generate immediate employment.  
He has ambitious plans for a railway artery from east to west,  
investments in highways, hydropower and a new international airport.  
That alone won't be enough. The government needs to find jobs for the  
450,000 Nepalis who enter the labor market every year. About half of  
them emigrate to find work every year, mostly to India, the Gulf  
states, Malaysia and South Korea.

The Maoists realize job creation is not possible without foreign  
investment, and have tried to assure domestic business and the  
international community they will respect private property, encourage  
foreign direct investment and smooth labor relations. Yet investors  
aren't convinced. The Maoists' intimidating youth wing has a habit of  
extorting businesses. The Maoist threat to enforce a higher minimum  
wage for foreign-owned enterprises has already spooked multinationals  
in Nepal, as has the governing party's sponsorship of militant  
unionism and preferential treatment for domestic enterprises under  
its concept of "national capitalism."

Despite these problems, it does look like Messrs. Dahal and Bhattarai  
are more in line with Deng Xiaoping than with Mao Zedong or the Gang  
of Four on the economy. However, there are hardcore Maoists in the  
ranks who think the leadership has sold out on the revolution. The  
leadership needs to keep this faction in check.

The Maoist-led coalition's final challenge is to ensure political  
stability so that the 601-member Constituent Assembly that was  
elected in April can start drafting Nepal's new constitution. The  
transition from monarchy to republic in the past two years was  
delayed, but it went surprisingly smoothly.

For that progress to continue, the government must integrate the  
Maoist army into the national army, while at the same time downsizing  
it. This will be the job of a former guerrilla commander, Ram Bahadur  
Thapa, who is now Defense Minister. Over the next two years, the  
constitutional framers will also have to grapple with how to divide  
the country into federal units, how much power over economic policy  
each unit should have and how the judiciary should function. These  
are all important questions in their own right. They will also affect  
the government's ability to address economic challenges.

The road ahead is not easy. But the fact that Nepal has seen such far- 
reaching political transformation since 2006 without large outbreaks  
of violence and through political negotiations means that it could  
just pull it off.

Mr. Dixit is editor of the Nepali Times.


______


[2]

New Age
August 29, 2008

Editorial
IGP SHOULD IMMEDIATELY RETRACT SARBAHARA STATEMENT

THE statement of the inspector general of police, Nur Mohammed, that  
the law-enforcement agencies ‘will not give the Sarbahara people any  
chance to surrender’ and ‘will pull out their roots’ has had us both  
shocked and surprised. His statement tends to suggest that it was  
more than a war cry against the operatives of an underground extreme  
left movement; it was somewhat a declaration of primacy of  
vigilantism over the rule of law. The statement was surprising  
because it came from an officer who has risen through the police  
ranks reportedly by dint of professional and personal integrity and  
efficiency, and commitment to the rule of law.

    His statement, put together with the steady surge in the number  
of custodial deaths, be they in ‘crossfire’ or because of torture, in  
recent times, tends to reinforce the suspicion that we have  
articulated in a previous editorial comment, i.e. the state and its  
manager, the government in other words, are too eager to espouse such  
extremist means as extrajudicial killings in their fight against  
extremism of the political groups opposing the existing socio- 
economic formation. The statement seems to also reinforce our  
suspicion that the ongoing anti-extremist effort is directed  
primarily at the underground extreme left outfits. While the radical  
right organisations are no less disruptive and destructive, and  
working with equal, if not more, vigour to change the existing  
system, the government and the law-enforcement apparatus of the state  
have thus far been rather lenient, when dealing with them. If we  
contrast the fate of Mofakhkhar Chowdhury, Abdur Rashid Malitha and  
Mizanur Rahman of the Purba Banglar Communist Party with that of  
Shaikh Abdur Rahman and Siddiqul Islam Bangla Bhai of Jamaatul  
Mujahideen Bangladesh, the differentiated attitude of the government  
becomes all the more clear. While Shaikh Abdur Rahman and Bangla Bhai  
were afforded the scope to stand trial, Mofakhkhar, Malitha or  
Mizanur Rahman never made it past custody of the law enforcement  
agencies.

    Here it is important to note that many, if not most, of the  
Sarbahara operatives may have long digressed from their political  
ideals and indulged in self-seeking criminal activities. They may  
also have unleashed a reign of terror in some parts of the country.  
However, there are laws to deal with such excesses. The rule of law  
dictates that even the vilest of criminals reserves the right to be  
tried in a competent court of law and be treated as innocent until  
proven guilty. More often than not, captured radical left operatives  
fall pray to vigilante justice meted out by the law enforcers, while  
their counterparts on the radical right, when arrested, ware afforded  
the right to defend themselves in the courts of law.

    Such an attitude seems to have been inspired by the imperialist  
agenda pushed by the United States across South Asia and other parts  
of the world where democracy and the rule of law are yet to take firm  
roots; an agenda that readily rejects the leftist ideal of political  
and economic egalitarianism and demonises its proponents as  
terrorists and enemies of democracy.
    However it may be, the statement of the inspector general of  
police strikes at the very concept of the rule of law and could  
inspire the law enforcers to be more trigger-happy than they already  
are. Hence, we demand that the top police official immediately  
retract his statement.

______


[3]  PAKISTAN:

(i)

Dawn
August 28, 2008

REVIVE POLITICAL PARTIES

by I.A. Rehman

ONE of the issues frequently raised by political parties is that the  
crises of the state and the plight of the people have been aggravated  
by the failure of political institutions. New institutions have not  
been developed, it is said, and the institutions created in the olden  
days have been destroyed.

Political leaders usually do not include political parties in the  
list of institutions that have decayed. This, perhaps, because of  
their feeling of guilt. Whenever the matter is broached they  
attribute the decline of political parties to state repression,  
especially during authoritarian rule. But no honest political  
activist will deny that party leaders also have made a large  
contribution to the process.

As regards political parties Pakistan has been unfortunate since its  
very inception. The largest party at independence, the Muslim League,  
was more an organisation in form than in substance. After the Quaid’s  
death even respect for form was given up. After a brief experiment  
separating the party from the government the Muslim League became a  
permanent maid at the prime minister’s house. Until Iskander Mirza  
added the making and breaking of political parties to his functions  
as head of state, whoever became prime minister also became the  
League chief. The party had little say in the wars of succession that  
began with the Quaid’s demise or in the management of public affairs.

The other parties in existence during Independence were paralysed  
after losing out to the Muslim League. When they tried to resurrect  
themselves, largely in defence of provincial rights, they were easily  
suppressed. A challenge to authority could be mounted during  
elections only by loose gatherings of estranged members of the elite  
and the establishment replied by rigging elections in the western  
wing. When it failed to do so in the eastern wing it abandoned the  
formality of elections altogether and eventually preferred praetorian  
rule to representative government.

For 50 years now political elements have been fighting authoritarian  
regimes, and more than that among themselves, on the strength of  
intra-elite alliances and their ability to gather the people in one  
movement or another. They have done wonders but fostering strong  
democratic parties does not figure in their accomplishments. The  
field has been dominated by political outfits that prefer to call  
themselves movements and spurn democratic elections and regular party  
structures. Some parties have relied exclusively on periodic elections.

The stark reality is that political parties have been competing with  
autocratic despots in inventing ever new excuses for denying the  
people their right to democratic choice. They have been functioning  
as little more than contractors for seats in elected bodies and  
waiting for moneyed candidates who can buy tickets for offices that  
offer the highest possible return on their investment.

Since the state started moving away from its democratic moorings soon  
after Independence it had no interest in helping political parties  
consolidate themselves as fully operational democratic machines.  
Indeed, it drew comfort from the disintegration of political parties.  
Instead of removing the obstacles to the flowering of democratic  
organisations, by avoiding restraints on the right to assembly and to  
dissent and by reducing the cost of electoral contest, among other  
things, the state has tried to exceed its authority by arbitrarily  
regulating political parties and their activities.

The first attempt in this direction was made in 1962 when Ayub Khan’s  
all-out campaign to destroy party-based politics was halted by the  
assembly elected through his own devices and he reluctantly  
reconciled himself to the existence of political parties. As a  
result, the Political Parties Act of 1962 was designed largely to  
check the founding and functioning of parties that could be assailed,  
however wrongly, for being foreign-aided or inspired by a foreign  
ideology.

The first PPP government imposed in the 1973 Constitution only two  
conditions on political parties — they could not work against the  
state’s integrity and were required to account for their funds. It  
kept the Political Parties Act of 1962 in place and amended it only  
to facilitate action against the parties it considered undesirable.  
Gen Zia added some conditions for parties desirous of contesting  
elections including their compulsory registration but this condition  
was struck down by the judiciary. The quasi-civilian governments that  
followed Gen Zia showed little interest in strengthening political  
parties.The Political Parties Order authored by the Musharraf regime  
does acknowledge that “the practice of democracy within the political  
parties will promote democratic governance in the country for  
sustaining democracy” (the excessive use of the word ‘democracy’ in  
this short sentence could well have been meant to hide aversion to  
it), but the measure merely prescribes easy standards for parties for  
participation in elections.

It can be argued that this order of 2002 has inhibited political  
parties from democratising themselves. All that is expected of them  
is a party constitution, a list of members, a certificate about  
election of office-bearers, and a statement of audited accounts. This  
is easy work for professionals. After meeting these legal obligations  
political parties tend to believe they have become democratic  
entities and nothing more needs to be done in this area.

That the political parties were in disarray on the eve of the last  
general election cannot be disputed. The enforced absence of the  
heads of the two major parties did matter but that alone could not  
have rendered these organisations dysfunctional to the extent  
actually noticed. Their preparation for elections was no more than  
haphazard improvisation. The change wrought by the people on Feb 18  
was without much help from the main political parties. And these  
political parties, with rare exceptions here and there, have not been  
heard of since then.

The conventional argument is that when a party comes to power  
priority has to be given to the fundamental task of managing the  
state, to meeting the threats of disturbance and turbulence, and  
party affairs have to be put on the backburner. In practice,  
governance has essentially meant efforts to undermine all other  
parties (including allies), or score points over them, and providing  
for self-aggrandisement by a few. The point that is consistently  
missed is that the availability of organised party cadres will make  
governance both easier and better. Such cadres are vitally needed to  
maintain a living link between the rulers and the ruled.

Throughout the past many weeks party mobilisation has been sorely  
missed. If the coalition partners had cadres to mobilise a few  
hundred thousand people the task of restoring the judges and getting  
rid of Musharraf could have been completed in a shorter period and  
quite cleanly. So long as political parties are not revived and  
raised to due strength the democratic experiment will remain  
vulnerable to disruption by praetorian guards.

o o o

(ii)

The News
August 28, 2008

THE UNALTERABLE LAW OF LIFE

by Dr Rubina Saigol

"As for the others, their life, so far as they knew, was as it had  
always been. They were generally hungry, they slept on straw, they  
drank from the pool, they laboured in the field; in winter they were  
troubled by the cold, and in summer by the flies… Sometimes the older  
ones among them racked their dim memories and tried to determine  
whether in the early days of the Rebellion…things had been better or  
worse than now. They could not remember… Only old Benjamin professed  
to remember every detail of his long life and to know that things  
never had been, nor ever could be, much better or much worse –  
hunger, hardship and disappointment being, so he said, the  
unalterable law of life."

The above quote from George Orwell's Animal Farm, a brilliant satire  
on the Russian Revolution and its aftermath, seems to be singularly  
and painfully true of the state in which the people of Pakistan find  
themselves today. Irrespective of which ruler remains in power, who  
leaves it and who takes over, the lives of millions continue to be  
plagued by want, hunger, fear and despair. An autocratic ruler gets  
replaced by a megalomaniac and the latter by another dictator. The  
more things change, the more they eerily remain the same!

Pakistanis were allowed a brief glimpse of sunshine before their  
jubilation and rejoicing were rudely interrupted by the gathering  
clouds of yet more uncertainty, political wrangling, power plays and  
coalition infighting. Once again iron-clad promises were broken as  
hopes and dreams shattered on the proverbial shores of 'reality',  
'pragmatism', 'reconciliation' and realpolitik! The judges were not  
to be restored as the curtain fell on the obstinate dictator who was  
to be given 'safe passage', an 'honourable exit' and indemnity. The  
brief revelling came to an abrupt end as public aspirations were  
drowned in the cacophony of new sounds about the next president. The  
looming danger of another catastrophic decision by the motley crew,  
now drunk with power, became real with frantic moves to install a  
controversial figure in the presidency. There seems to be little  
respite for Pakistanis reeling under the blows of high inflation,  
terrorism and the hard to arrest economic downslide.

The quick restoration of the deposed judiciary after Musharraf's much- 
celebrated exit would have injected some hope into a depressed  
polity. It would have continued the momentum gained by forcing  
Musharraf to call it a day. The sense of victory that it would have  
generated may have helped people experience some mirth in the midst  
of the daily burdens of existence in the face of terror attacks and  
bread and butter issues. But the much-awaited restoration was once  
again mired in controversy, disagreement and became a victim of  
backtracking, dithering and vacillation. The minus-one, minus-two  
formulas began to be floated reflecting the PPP's inveterate aversion  
to the restoration of Iftikhar Chaudhary. Independent judges are a  
threat not merely for dictators. They are also unacceptable to  
elected leaders because of the proclivity to challenge those in power  
over breaking the rules, violating the constitution and providing  
protection to high-level criminals and crimes.

To preclude the possibility of the return of Justice Iftikhar, the  
PPP has invented the idea of "politicised" and "non-politicised"  
judges in the constitutional package floated by its legal experts.  
The proposed changes in Article 209 show that while the package  
offers no definition of "politicised" or "non-politicised", it seems  
that the intention is to paint Iftikhar Chaudhary as "politicised"  
since he can boast of the support of specific political parties that  
are either rivals of or opposed to the PPP. On the other hand, the  
judges who validated the unconstitutional acts of November 3, 2007  
are not accused of being "politicised", despite their capitulation to  
the dictator's demands, and a great deal of energy has been expended  
on the effort to retain them. Judges who support the PPP and the  
erstwhile dictator are seldom branded as "politicised"; on the other  
hand, judges who took a stand and pronounced the November 3, 2007  
actions as illegal and unconstitutional have been accused of being  
"politicised" because of their alleged support to the PML-N. This  
reflects double standards on the part of the ruling party which could  
either define both sets of judges as "politicised", or neither group  
should have been labelled in this vague and discriminatory manner.

By proposing the insertion of Article 270CC in the constitution, the  
government plans to indemnify Musharraf's illegal removal of the  
judges, for the package refers to the deposed judges as those who had  
ceased to hold office as a result of the Oath of Office (Judges)  
Order of 2007. Since the COAS was not authorised to remove the judges  
they cannot be deemed to have been removed and therefore never ceased  
to hold office. They merely require assistance in returning unimpeded  
to their official duties through an executive order overriding the  
previous illegal one. Furthermore, amendments proposed in Article  
184, which empowers the SC to take notice of questions of public  
importance with reference to the enforcement of fundamental rights,  
appear to be designed to prevent the Chief Justice from taking  
actions to protect public interest, especially in the light of the  
deposed CJ's propensity to take suo moto actions to ensure the  
accountability of powerful public figures. Similarly, clause 2 of  
Article 179 seems tailor-made to exclude Iftikhar Chaudhary from  
restitution as it purports to limit the CJ's term (possibly to three  
years) and is applicable retrospectively. A weakened, tamed and  
subordinated judiciary seems to be in the making to enhance executive  
control of the judiciary.

The space of public discourse is also awash with talk of indemnity to  
Musharraf's unconstitutional acts. According to the proposed  
insertion of Article 270AAA "…the Ordinances, except those specified  
in the Sixth Schedule, made between the 12th day of July, 2007 and  
the 15th day of December, 2007 (both days inclusive) and actions  
taken there under shall be deemed to have been validly made and taken  
by the competent authority notwithstanding the expiry of period of  
four months specified in Article 89 and notwithstanding anything  
contained in the constitution shall not be called in question in any  
court or forum on any ground whatsoever." The period specified here  
covers the National Reconciliation Ordinance passed on October 5,  
2007 and the PCO of November 3, 2007. This indemnification would wipe  
clean not only Musharraf's slate but also absolve Asif Zardari of all  
acts committed before October 12, 1999. It is a classic case of 'you  
scratch my back, I will scratch yours'. An independent judiciary  
could potentially have struck down such an amendment for being  
contrary to the fundamental rights section of the constitution.  
Hence, such a watchdog is best eliminated.

A number of bewildering proposed amendments in the constitutional  
package now make sense with the announcement of Asif Zardari as the  
PPP's candidate for the presidency. If Article 45 were to be changed  
as envisaged, the president would have the power to "indemnify any  
acts whatsoever". The new president could in effect do anything he  
liked and indemnify it himself without the help of the courts or  
parliament. Similarly, the change envisioned in Article 243 which  
pertains to the appointment of services chiefs would remove the  
condition of consultation with the prime minister. The president  
would be able to appoint military chiefs of his choice without the  
necessary input by the PM. In the same vein, a critical change in  
Article 177 would mean that the president would no longer need to  
consult the sitting chief justice in making appointments to the  
superior judiciary. This further empowerment of the president,  
unencumbered by the restraints from an independent judiciary, would  
pave the way for civilian authoritarianism and autocracy.

We seem to have come full circle and back to square one. The rays of  
hope that shone exactly six months after the February 18 elections,  
in the departure of the abhorred dictator, are now dimmed and gone.  
One can only hope that our rulers would desist from mimicking  
praetorian rulers by making the prophetic Orwell's last lines in  
Animal Farm come true: "The creatures outside looked from pig to man,  
and from man to pig, and from pig to man again: but already it was  
impossible to say which was which."

The writer is an independent researcher on social development. Email:  
rubinasaigol at hotmail.com

o  o  o

(iii)

counterpunch.org
August 27, 2008

Get Ready for a Rough Ride
PAKISTAN'S FLAWED PRESIDENCY

by Liaquat Ali Khan

Pakistan has been unsuccessful in designing a stable presidency. Two  
competing models vie for approval. Pakistan's formulaic constitution,  
borrowed from the legal-political traditions of England and India,  
establishes a ceremonial presidency subordinated to parliament. The  
president with few powers is the head of state and represents the  
unity of the Republic. The ceremonial presidency empowers elected  
assemblies to run affairs of the state and provinces in accordance  
with the wishes of the people. It also spawns political cronyism,  
allowing politicians to freely broker power relations, distribute  
ministries and governmental offices on the basis of connection rather  
than competence and, for the worse, use state resources to advance  
personal and family interests.

The competing model, which Pakistan's generals as well as American  
policymakers prefer, institutes a strong presidency - a praetorian  
presidency - that listens to the armed forces and kow-tows to  
American interests. Under the praetorian model, the President  
exercises formidable powers, appoints heads of the armed forces, and  
can dissolve dysfunctional or discordant elected assemblies. Even the  
judiciary is made subservient to the President. The praetorian  
presidency empowers what Pakistanis call the establishment—a  
congregation of bureaucrats, army generals, advisers, and experts.  
The praetorian presidency focuses on economy and foreign relations.  
But it alienates political forces and weakens elected assemblies.  
Consequently, corruption permeates the state machinery with little or  
no accountability.

The nomination of Asif Zardari, the widower of assassinated former  
Prime Minister Benazir Bhutto, to contest the presidential election  
is a disturbing development. If elected, President Zardari would  
further muddle the models of presidency. Zardari might not use the  
iron hand of praetorian presidency, as did General Pervez Musharraf,  
to please the establishment and foreign masters. Under no  
circumstance, however, will Zardari be the ceremonial president.

Ceremonial Presidency

The ceremonial presidency works best when the president is a non- 
political, consensus figure enjoying the trust of major political  
parties. Ideally, the ceremonial president is a person of great  
stature, unimpeachable character, and favorable reputation. The  
ceremonial president must not be the head of any political party, nor  
must the ceremonial president be ideologically inclined toward a  
certain foreign policy, domestic agenda, or political set up. This  
apparent neutrality of the ceremonial presidency generates confidence  
among political forces that the state is open to political diversity  
and pluralism.

Zardari does not qualify to be a ceremonial president. Though many  
criminal cases filed against Zardari were fabricated, his reputation  
is sullied with charges of corruption. His recent conduct to make and  
break political accords regarding the restoration of judges also  
leaves the impression that Zardari equates the art of politics with  
amoral cunningness rather than tough bargaining over controversial  
issues.

Furthermore, Zardari is politically too powerful to be a ceremonial  
president. He is the co-chairman of Pakistan People's Party (PPP),  
the party in power. The other chairman is Zardari's own son. This  
family hold on the rank and file of the PPP will continue to exist  
even if Zardari resigns from co-chairmanship. Furthermore, the Prime  
Minister, a member of the PPP, is unlikely to challenge President  
Zardari on the theory that the Prime Minster has the constitutional  
powers to run the country. For all practical purposes, therefore,  
Zardari will run the country as the top man even if the praetorian  
presidency is constitutionally dismantled.

Praetorian Presidency

In opposing Musharraf, the PPP was planning to introduce a complex  
constitutional package in the parliament to cut down powers of the  
praetorian presidency. Almost all political parties favor restoring  
the constitution to its formulaic format. This political consensus  
will now fall apart. If Zardari is elected to be the president, the  
PPP would most likely withdraw the constitutional package. The  
constitution, as it stands, confers huge powers on the president.  
Zardari would want to retain these powers in case the political tide  
turns against him or the PPP.

Even the United States would prefer that the constitution remains as  
is, and that the praetorian presidency is not weakened. It is easier  
for the U.S. to deal with one strong man at the top than with an  
elected parliament accountable to the people. The U.S. can fight the  
war in Afghanistan more effectively if Pakistan furnishes its  
intelligence and armed resources to defeat the Taliban and foreign  
fighters. Pakistan's praetorian presidency can deliver these  
resources to satisfy U.S. interests in the region, including the  
pressure on Iran. Zardari, a powerful man who cannot overcome the  
reputation of being a crook, is a godsend for the U.S. In the past,  
the U.S. has deftly exploited praetorian characters, such as Manual  
Noriega, Saddam Hussein, the Shah of Iran, and Pervez Musharraf, for  
its global interests.

Pakistan under Zardari

Regardless of whether the constitution is restored to ceremonial  
presidency, Pakistan is in for a rough ride under Zardari. Now that  
the coalition has split, Zardari's personal character will be  
politicized, highlighting his past criminal record. A sullied  
civilian president will diminish the nation's confidence in political  
rule. The insurgents in Pakistan's tribal areas will intensify their  
battle against the government, increasing suicide bombings. The war  
in Afghanistan will spill over the border into Pakistan, as the U.S.  
daringly strikes the terrorist infrastructure on both sides of the  
border. Engaged in inter-personal politics, the government will have  
little time to solve the nation's basic problems, including shortages  
of electricity, fuel, and clean water.

Ali Khan is professor of law at Washburn University School of Law in  
Topeka, Kansas, and the author of the book, A Theory of Universal  
Democracy (2003).

o o o

(ii)

LETTER TO UNIVERSITY OF TEXAS PROTESTING THE CREATION OF A PAKISTAN  
STUDIES CHAIR IN THE NAME OF CHARLIE WILSON - THE CIA HANDLER

August 26, 2008

Dr. Randy Diehl
Dean of Liberal Arts
GEB 3.216
University of Texas
Austin, TX  78712

Dr. Itty Abraham
Director, South Asia Institute
WCH 4.132B
University of Texas
Austin, TX 78712

Dear Dean Diehl and Dr. Abraham,

       We the undersigned South Asia faculty at the University of  
Texas, Austin, write to express our strong objection to the  
university’s decision to establish a “Charlie Wilson Chair in  
Pakistan Studies.”

             While Hollywood may profit from valorizing Mr. Wilson’s  
role in the Soviet-Afghan war, the concerns of a flagship, state- 
funded academic institution should be to maintain high scholarly  
standards and to avoid participating in historical caricature. The  
cold war in South Asia, which saw the United States shore up decades  
of military dictatorship in Pakistan against the democratic  
aspirations of its people, cannot be construed as a triumph of “good”  
democracy over “evil” communism. Mr. Wilson’s record as the key  
Congressman who sent monies and munitions to the anti-Soviet  
mujahideen groups underscores the worrisome role the U.S. played in  
escalating the Soviet-Afghan conflict, with devastating consequences  
for the peoples of  Pakistan, Afghanistan, and the United States.

             “Charlie Wilson’s War,” or the “largest covert action  
program since World War II,” channeled more than two billion dollars  
to  the mujahideen in the 1980s; by 1987 the CIA was supplying 65,000  
tons of armaments to the mujahideen. During the 1980s, Osama bin  
Laden from his base in Peshawar (Pakistan), used his family’s wealth  
to build a series of camps where the mujahideen were trained by the  
Pakistani Inter Services Intelligence Agency (ISI) and the U.S.  
Central Intelligence Agency (CIA). These CIA-funded, ISI-supervised  
mujahideen operations targeted airports, railroads, fuel depots,  
electricity pylons, bridges, and roads, destroying vital civilian  
infrastructure in Afghanistan. The mujahideen, while advocating a  
narrow and extreme version of Islam, were also brutal killers who  
preyed upon the Afghan people and  trafficked heroin to finance their  
activities.  Between 1979 and 1992, thousands of Afghans died, and  
six million more became refugees—the largest refugee population in  
the world--many of them living in mujahideen-run refugee camps in  
Pakistan. Out of the rubble of a decimated Afghan society and the  
misery of these camps emerged the second generation of mujahideen:  
the Taliban. Space does not allow us to detail the myriad forms of   
cold war “blowback” that have continued to  affect  India, the former  
Soviet Republics of Central Asia, and  resulted in the events of  
September 11, 2001. These facts are, however, well-known. Mr.  
Wilson’s central involvement in the cold war in South Asia does not  
warrant the honor of establishing a University chair in his name.

           A named chair sends a public message that not only the  
holder of the Chair, but its donor, represent standards to which the  
university and larger community should aspire. To endow a chair in  
Mr. Wilson's name implicitly endorses an ideological and romanticized  
vision of his legacy, and thereby of South Asian history as well. Mr.  
Wilson is not a role model for what we should teach students about  
the struggle for democracy in South Asia. It is also hard to imagine  
that any credible scholar of Pakistan could be recruited to fill a  
chair named after Mr. Wilson.

            If Mr. Wilson and the Temple Foundation want to support  
research on South Asia, they can be encouraged to make an unmarked  
and unrestricted donation to the South Asia Institute at the  
University of Texas.  We support the idea of establishing a Chair in  
Pakistan or South Asian Studies named after a person of integrity and  
principle that would allow UT’s South Asia program to recruit from  
among outstanding scholars in the field.  We are happy to be  
consulted and to provide suggestions for a named chair that will  
enhance and not compromise the reputation of South Asian Studies at  
the University of Texas.


Kathryn Hansen, Professor of South Asian Studies, Director, Center for

Asian Studies (2000-4)

Akbar Hyder, Associate Professor of South Asian Studies
Judith Kroll, Associate Professor of English
Shanti Kumar, Associate Professor of Radio-Television-Film

Janice Leoshko, Associate Professor of Art History and South Asian  
Studies
Gail Minault, Professor of History

Carla Petievich, Visiting Professor of South Asian Studies
Stephen Phillips, Professor of Philosophy
Sharmila Rudrappa, Associate Professor of Sociology
Martha Selby, Associate Professor of South Asian Studies
Stephen Slawek, Professor of Ethnomusicology
Kamala Visweswaran, Associate Professor of Anthropology


______


[4]

Pakistan - India: MAKE WAY FOR PEACE  - BREAK VISA BARRIER - EASE TRAVEL

Daily Times
August 29, 2008	

HRCP, PEOPLE’S FORUM DEMAND EASE OF TRAVEL BETWEEN PAKISTAN, INDIA

by Amar Guriro

KARACHI: Human Rights Commission of Pakistan (HRCP) Secretary General  
I.A Rehman and Pak-India People’s Forum for Peace and Democracy  
(PIPFPD) Pakistan Secretary General Anis Haroon have jointly urged  
the governments of Pakistan and India to change their policies toward  
each other, especially their visa issuance policies so that people  
from both sides can visit each other to ensure long-lasting peace in  
the region.

“We recommend dialogue between India and Pakistan to promote the  
peace process in the region but because of the Kashmir issue, these  
dialogues have been put on ice. For the peace process to take place  
at the people’s level, both countries must allow the citizens of the  
other country to visit freely, for which we recommend that visa  
requirements be lifted, if not then the visa process must be easy, so  
that people are encouraged to visit each other,” said Rehman.

Addressing a joint press conference at the HRCP office in Karachi,  
Rehman demanded that both governments issue visas to citizens so they  
can attend the Lahore convention planned in November by the PIPFPD.

“The PIPFPD has planned the same convention in Lahore in November  
2007 but it was postponed as former president Pervez Musharraf  
imposed an emergency in the country and again in May 2008 in Peshawar  
but the current Pakistani government informed us that the Inter  
Services Intelligence (ISI) had not issued clearances so these visas  
were not issued to the Indian delegates. We have now set it for  
November and demand that the Pakistan government to issue visas to  
the Indian delegates,” said Haroon.

She said that such a convention at the people’s level will help both  
countries to come closer and to restore peace dialogues started in  
2003 and while several confidence building measures (CBM) are on the  
cards, neither government is enforcing them.

“By starting peace dialogues, both countries have promised to make  
easier visa policies, to start the Thar express and take other  
measures but it seems that these efforts are weakening on both sides  
and those working for the restoration of peace in both countries are  
losing hope,” said Haroon.

She said that peace in South Asia is not possible until India and  
Pakistan do not resolve their conflicts and it is only possible when  
there is dialogue, a three-sided dialogue between Kashmiris,  
Pakistanis and Indians.

Rehman said that nobody has the right to decide the future of Kashmir  
but the Kashmiris themselves. “There is no doubt that India is a  
democracy but a democracy cannot mean a vast prison house for ethnic  
minorities,” said Rehman.

He said that democratic and civil organizations of India and Pakistan  
demand that both governments must obstruct the path for people of  
both countries to meet each other and establish trade ties. The  
Kashmiris, who are deprived of their rights, are being further pushed  
to the wall by the economic sanctions imposed on them and the ensuing  
economic crisis is affecting women and children. This is nothing  
short of a human rights violation, they both said.


______


[5]  INDIA MUST ACT ON KASHMIR WITHOUT BEING A HOSTAGE TO ITS HAWKS

(i)

PEACEFUL PROTESTS IN KASHMIR ALTER EQUATION FOR INDIA
Tough Response Criticized as Outmoded

Troops check the papers of a pregnant woman, second from left, being  
taken to a hospital during the curfew imposed in Srinagar to block a  
separatist protest. (By Dar Yasin -- Associated Press)
	
By Emily Wax
Washington Post Foreign Service
Thursday, August 28, 2008; Page A08

SRINAGAR, India -- Inside dozens of cramped kitchens in this Kashmiri  
city on Saturday, mothers and daughters prepared to make packets of  
rice for the hundreds of thousands expected at a sit-in two days  
later. Outside, their sons and brothers collected change from  
motorists to buy water and juice.

Drumbeats echoed through the Kashmir Valley as college students  
chanted "Azadi," or freedom. In middle-class neighborhoods, Internet- 
savvy students blogged about their views and posted videos of the  
preparations on YouTube.

But early Sunday, Indian security forces blanketed the region,  
preventing demonstrators from reaching the center of Srinagar, summer  
capital of Kashmir. Authorities announced an indefinite curfew,  
blocked Internet access and arrested three prominent Muslim  
separatist leaders. At least 15 journalists were beaten.

Despite the government's use of force, many Muslims in Indian- 
controlled Kashmir seem determined to find peaceful ways to voice  
their separatist aspirations. The slogans of the fighting in the  
1990s, such as "I'm going to Pakistan to get an AK-47," have  
disappeared as the nonviolent movement flourishes, especially among  
the young.

"For the young generation, it's our moment now," said Malik Sajad, a  
20-year-old political cartoonist for the Greater Kashmir newspaper  
who was raised during the war. "Nobody here saw a childhood. We were  
always kept indoors. But we don't believe that the solution is in the  
gun. Now we want to show the world that Kashmiris deserve peace."

The unrest this summer in Kashmir has left nearly 40 people dead, all  
unarmed protesters, and more than 600 injured in the biggest  
demonstrations since an uprising against Indian rule by the region's  
Muslim majority broke out in 1989. On Wednesday, troops fired on  
protesters in two towns outside Srinagar, killing two people and  
injuring more than a dozen.

Political analysts and human rights activists say the Indian  
government has failed to adjust its strategy to deal with a  
separatist movement committed to nonviolence. Some Indian political  
leaders, even those who disagree with the push for Kashmir's  
independence, are beginning to wonder whether India's democracy is  
mature enough to handle such widespread but peaceful dissent.

"India calls itself the world's largest functioning democracy. But if  
we are really a democracy, can't we let people express their  
dissent?" asked Omar Abdullah, a Muslim member of India's Parliament  
and president of the National Conference, a mainstream political  
party in Kashmir. "In every other part of the country, police or army  
fire tear gas or rubber bullets during agitations. Why do they shoot  
first and ask questions later in Kashmir?"

This scenic valley has long been the battleground between Hindu- 
majority India and Muslim-majority Pakistan, with each country  
claiming Kashmir soon after India's partition in 1947. The two  
nuclear-armed countries have waged two wars over Kashmir, and Indian  
security forces and separatist fighters skirmish almost daily.  
Fighting has left up to 77,000 dead since the early 1990s, according  
to human rights groups.

The current uproar began nearly two months ago over a land transfer  
that would have given nearly 100 acres of forest to a trust that runs  
a Hindu shrine. After a month of street protests by Muslims, the  
state government revoked the land grant. That sparked weeks of  
counterdemonstrations by Hindus in Jammu, a predominantly Hindu  
region of the state. Hindu protesters blockaded roads leading out of  
Kashmir, economically suffocating thousands of Kashmiri farmers  
during the peak of apple harvest.

The issue has moved beyond the land deal for Kashmir's Muslims,  
igniting a people's movement calling for self-rule.

The movement is "purely indigenous, purely Kashmiri," Mirwaiz Umar  
Farooq, one of the arrested separatist leaders, said in an interview  
before he was detained. "Even we were surprised by the force of it."

Muslim Kashmiris say they are tired of the daily humiliations at the  
hands of India's 500,000-member security force, posted in apple  
orchards, saffron farms and hospitals. Many say they are subjected to  
constant identification checks, car searches and arrests without  
reason by soldiers armed with assault rifles and wearing flak jackets.

A senior leader in India's government defended the curfew in Kashmir,  
saying that "possible militant elements could take advantage of the  
crowds."

"One can understand when there are reasons for people to assemble.  
But there is no logic for people to gather in public places without  
any valid reason," said Union Home Secretary Madhukar Gupta.

But the nonviolent movement in Kashmir has won over many in India's  
intellectual class. And in New Delhi, India's capital, public opinion  
on the issue of Kashmir has been mixed for the first time in decades.

Prime-time television shows have hosted debates on whether Kashmiris  
should be allowed to vote on their independence. A column in the  
Hindustan Times, titled "Think the Unthinkable," asked: "Why are we  
still hanging on to Kashmir if the Kashmiris don't want to have  
anything to do with us? The answer is machismo."

Booker Prize-winning author and social commentator Arundhati Roy has  
become a hero in Kashmir for demanding that the Indian government  
rethink its policy and calling for more international attention to  
the issue.

"The reaction of the people in Kashmir is actually a referendum," she  
said recently. "India needs freedom from Kashmir as much as Kashmir  
needs freedom from India."

o o o

(ii)

Indian Express,
August 28, 2008

Our way or the highway?

HISTORIES, GEOGRAPHIES AND MEMORIES ARE AT WAR IN JAMMU AND KASHMIR

by Ananya Jahanara Kabir

  An poshi teli, yeli van poshi, or ‘while there are forests, there  
will be food’. This Koshur proverb attributed to Kashmiri Sufi Nund  
Rishi offers uncanny commentary on the present crisis in Jammu and  
Kashmir, where controversies over forest land have intertwined with a  
furore over an economic blockade, and where environmental concerns  
have been bypassed in the clash of religious and political symbols  
now demarcating the interests and emotions of Jammu from those of  
Kashmir. Yet there exists a widespread inability to analyse the  
situation as a battle of symbols and symptoms. This is a  
psychologically sick state, but its sickness betokens something  
rotten in the state of India. To understand it, we need to understand  
two sets of symbolic oppositions that precede 1947, but which have  
defined the current crisis: the Valley vs. Jammu; and the Srinagar- 
Muzaffarabad highway vs. the Banihal pass route.

The opposition between the Valley and Jammu originates in the  
colonial creation of ‘Jammu and Kashmir’ as a ‘princely kingdom’,  
sold by the British for a song to Gulab Singh and his descendants.  
The strategic desire for a buffer zone between the Indian plains and  
the Central Asian playing fields of the Great Game soon led to the  
need for a prime holiday retreat for the Raj. During the 19th and  
early 20th centuries, hunting, fishing, espionage, photography, and  
summer balls flourished in the Valley under the gaze of the Dogra  
maharajas based in Jammu, even as the rulers ruthlessly exploited the  
inhabitants of this prized space. Kashmiris of the Valley were denied  
the basis of modern subjecthood such as education, sidelined to  
promote the Dogra rulers’ self-fashioning as, according to historian  
Mridu Rai, ‘Hindu rulers of a Hindu state’. Their practice of  
‘begaar’ conscripted Kashmiri Muslims as unpaid porters for the  
manual transportation of goods across the kingdom. Kashmiri Pandits,  
showcased by European Orientalists as representatives of a Hindu  
antiquity, were however mobilised to enhance Dogra Hindu identity.  
These are regional memories not easily forgotten.

Class-based exploitation spearheaded the Valley’s mass uprising  
against the Dogra rulers led by Sheikh Abdullah in 1931. Though his  
socialist manifesto for a Naya Kashmir had room for Kashmiri Pandits  
and Muslims, the older privileges of class continued to antagonise  
the two groups. These divides resurfaced with the Pandit exodus in  
1991, which quickly fitted into the wider communal polarisation of  
the 1990s. The Pandits in Jammu’s refugee camps had little else left  
but their claims on a pre-Sanskritic, Hindu antiquity for Kashmir and  
Kashmiri culture, which resonated with Jammu’s historical interest in  
those claims. Many of their intellectuals gravitated towards the  
Hindu right, which eagerly embraced their cause. Conversely, many in  
the Valley rejected the much-hyped syncretism of ‘kashmiriyat’ to  
assert an Islamic Kashmiri identity. Physically separated, with new  
generations growing up bereft of a composite demography, Kashmiris  
now spoke bitterly of one Kashmir ‘this side’ of the Pir Panjal  
mountains, and another on ‘that side’. The Pandits’ exile in Jammu  
has exacerbated and complicated the deep historical tensions between  
Jammu and Kashmir that underlie the present détente.

India retained the Dogra juxtaposition of Jammu and Kashmir, but had  
to relinquish the Srinagar-Muzaffarabad Highway. This was the only  
feasible road linking Kashmir to the plains, but the Indo-Pak war of  
1948 and the creation of the LOC severed this artery. Nehru had  
presciently obtained Gurdaspur district, through which the only  
possible alternative road to the valley would need to pass at  
Pathankot. But trouble arose immediately after Partition: Indian  
troops were airlifted to Srinagar to face the Tribal Invasion in  
October 1947, pointing to the urgency for a bypass surgery that would  
ultimately blast out of the mountains the Jawahar Tunnel. Kashmiris  
still remember a time when the natural route out of the Valley  
facilitated the movement of goods as well as people between the  
Valley and its markets in that part of the Valley beyond the LOC,  
including Muzaffarabad. The Kashmiris who marched towards  
Muzaffarabad to sell their rotting fruit struck at the nation’s  
Achilles’ heel. But they were primarily asserting a deep-rooted  
regional memory of their relationship to the Valley’s geography,  
their basis for the same Kashmiriyat that well-meaning secular  
discourses reduce to ‘syncretism’.

The problem lies in Indian ignorance of Kashmiri history, memories,  
and self-construction, their equivalent of the ‘synthesis between  
history, geography and politics’ through which scholar Mahmood  
Mamdani examined the roots of the Tutsi genocide by Hutus.  
Kashmiriyat for Kashmiris is about putting the Kashmiri back into the  
landscape and redefining that relationship on their own terms. Pandit  
and Muslim Kashmiris commonly identify with the endangered Hangul  
deer: can’t the deadlock over the forested land be broken by  
rearticulated its cost in environmental terms, surely of equal  
concern to all? But to get there, the political temperature has to be  
lowered first. The full re-opening of the Srinagar-Muzaffarabad  
highway would be the most effective step in that direction.

The writer is a senior lecturer at the University of Leeds and the  
author of ‘Territory of Desire: Representing the Valley of Kashmir’

o o o

(iii)

THE PRICE OF MAKING PEACE IN JAMMU & KASHMIR
by Praveen Swami

New Delhi’s well-meaning but ill-conceived dialogue process  
communalised Jammu and Kashmir and laid the ground for the ongoing  
crisis.
http://www.hindu.com/2008/08/29/stories/2008082955841000.htm

o o o

(iv)

The Hindu - August 28, 2008 : 1935

EDITORS GUILD SLAMS POLICE RAID AT SCRIBE'S HOUSE IN SRINAGAR

New Delhi (PTI): Editors Guild of India on Thursday slammed Jammu and  
Kashmir police for conducting raid at the house of a noted journalist  
of a prominent national daily in Srinagar, terming it as a "high- 
handed" and "intimidatory" action in violation of the freedom of press.

The Guild said the police action had caused harassment to the family  
of Shujaat Bukhari, Bureau Chief of The Hindu daily, and demanded  
that authorities in the state should stop such activities "which  
violate the freedom of expression".

Strongly condemning the "high-handed and intimidatory action" of the  
Counter Intelligence wing of Jammu and Kashmir Police in raiding  
Bukhari's residence, the Guild said in a statement here that the  
action is a "direct violation of the freedom of press".

The sleuths searched the house and were apparently looking for  
separatist leaders Shabir Shah and Naeem Khan. The journalist was not  
at home at the time of the raid.

"The raid on Bukhari's residence, in the guise of searching for  
wanted leaders, was also aimed at looking for papers and documents  
which would have been gathered by Bukhari in the course of his  
journalistic work," the statement issued by the Guild President Alok  
Mehta and Secretary General K S Sachidananda Murthy said.

"This raid is a direct violation of the freedom of press," the Guild  
added.

o o o

(v)

The Telegraph
August 29 , 2008

LATHIS LAND ON VALLEY, BY AIR
- Tear-gas shells arrive from Northeast and south
by Nishit Dholabhai

New Delhi, Aug. 28: The air force is rushing planeloads of arms to  
security forces in Jammu and Kashmir, from places as far as the  
Northeast and Tamil Nadu.

The AN-32s are bringing in lathis and tear-gas shells.

Caught between the protests in the Valley and Jammu, police and the  
CRPF — which alone has some 25,000 men in the two sectors — are  
running short of these commonest of weapons in a state that bristles  
with guns.

Guns are, however, not the weapon of choice for the forces at a time  
their primary job is to control mammoth crowds of protesters rather  
than beat back militants.

So, the Centre has arranged for “solidified plastic lathis” to be  
flown in by the Indian Air Force, along with surplus teargas shells  
from states such as Kerala, Tamil Nadu and Assam.

Since the CRPF is deployed in Kashmir on counter-insurgency duties,  
it does not have enough lathis or tear-gas shells, used mainly to  
maintain law and order.

Having fired close to 10,000 tear-gas shells in the past 15 days and  
beaten back tens of thousands of protesters, the CRPF has exhausted  
its stocks. Ditto for the state police.

“When most of the force has been deployed for counter-insurgency  
duty, how can the CRPF be equipped for law-and-order problems? We  
just planned our stocks,” a senior CRPF official said.

Sources said there were fewer law-and-order problems in some states  
and so surplus stocks were available. Every state’s police get  
monthly stocks of tear-gas shells, but not all of them need to fire  
these too often.

Bengal, where the need to control unruly mobs never goes out of  
fashion, may learn its lessons from Kashmir. The security forces’  
plight in the northern state – and the shape the Singur siege is  
taking -- could well prompt the Buddhadeb Bhattacharjee government to  
consider stocking up on lathis and tear gas.

The batons Bengal police now use are made mostly of cane, fibreglass  
and wood, and are sourced from the Defence Research and Development  
Organisation, but the government might toy with the idea of using  
solidified plastic too.

However, in Jammu and Kashmir, where the security forces are bracing  
for a long haul, just getting extra stocks from other states may not  
be enough.

The problem is, the country’s only tear-gas factory at Tekanpur, near  
Gwalior in Madhya Pradesh, has shut down production for a month – a  
yearly routine during the monsoon -- because of humidity.

Experts, however, have held out hope of production resuming soon.

“Moisture absorbers, which are used on a smaller scale in cameras and  
electronic equipment, are now used on an industrial scale. So we have  
recommended that the factory be made moisture-resistant,” a source said.

The factory is controlled by the home ministry and receives technical  
guidance from the Bureau of Police Research and Development.

Between June 22 and August 20, the CRPF has controlled protesters for  
about a week in Kashmir and a fortnight in Jammu. There were 74  
incidents in the Valley and 30 in Jammu.

In the Valley, 231 CRPF personnel were injured while four civilians  
died in firing by the force. In Jammu, 88 CRPF personnel were injured  
while controlling mobs.

o o o

(vi)

Kashmir Times
August 29, 2008

REFURBISHING SECULAR FABRIC
SANER ELEMENTS, ADMINISTRATION NEED TO STRENGTHEN EFFORTS

The efforts of a miniscule section of the society for the  
refurbishment of secular fabric of two regions are not just  
appreciable but are perhaps the only hope to cement the broken ties  
of communal harmony and brotherhood during the unfortunate incidents  
witnessed by the state during the past two months. At a time when the  
whole state is on the boil and sanity has taken a backseat, this  
needs courage to come out and talk of peace, amity and brotherhood,  
so obviously any such endeavour, howsoever little and in whatever  
form, should be encouraged by all the saner and well-meaning citizens  
of the state. Although the damage caused by those who instigated the  
people to fight in the name of religion and region both in the Jammu  
and the Valley could not be undone fully, but certainly this is the  
time to bury deep the bitter memories and move forward to assuage the  
hurt sentiments of all those who suffered during this whirl of  
passions, genuine or misplaced. This has been a set pattern that the  
vested interests never lose an opportunity to exploit the sentiments  
of the people and grind their own axe, even if it is at the cost of  
the life of many a innocent. Amid the reports of migration by the  
people belonging to minority communities in Jammu, Kishtwar and  
Rajouri-Poonch after some incidents of harassment and torching of  
some temporary hutments of Gujjars and communal violence in the  
border districts of state, this was heartening to note that some  
people have resolved not to migrate from their native places despite  
insecurity to their lives from some miscreants. Their assertion is  
that they want to live with their neighbours, with whom they have  
spent their entire lives and they only want that the administration  
should take immediate steps to rein in those vested interests and  
provide them security against those miscreants trying to create  
divide. Perhaps this is the right spirit with which we can undo the  
damage caused to our secular fabric. It is desirable that the  
administration should respond positively without any further delay to  
encourage all such efforts.


o o o

(vii)

Deccan Herald
August 29, 2008

KASHMIR ON THE EDGE: DEVOLVE POWERS TO THE STATE

by Kuldip Nayar

The talks with the Hurriyat leaders may reveal that they are not for  
secession but for their separate identity.

It is not yet possible to determine who are to blame for the  
situation in Jammu and Kashmir.  There is no doubting the inept  
handling by the government of India and its advisers. Religious  
ferment is the consequence of what has happened in the two regions,  
not the cause. The cause is the lack of political will and the  
inability of successive governments at the Centre to take decisions  
when they should have. Influenced by a hawkish bureaucracy and ill- 
informed intelligence agencies, New Delhi has failed to appreciate  
the depth of people’s alienation in the Valley and the widening gulf  
between Kashmir and Jammu.

The Muslim-majority Kashmir and the Hindu-majority Jammu had been  
going apart for some years. Yet the government did very little to  
reverse the trend by balancing the share of both in governance or  
development. The Valley’s estrangement from the rest of the country  
has been  increasing since 1990. Statements like “the sky is the  
limit,” were never concretised, either during the talks with the  
Kashmiri leaders or by transferring all subjects except defence,  
foreign affairs and communications to the state unilaterally.

Some well-meaning persons are suggesting that India should quit  
Kashmir. They do not realise that Yasin Maliks and Umar Farooqs will  
be pushed out in no time and the Valley will be taken over by the  
Taliban or terrorists. The unfortunate part is that the Kashmiriyat,  
akin to Sufism, has got burnt. Kashmir has become avowedly Islamic  
and Jammu avowedly Hindu. New Delhi, still clueless, knows only one  
way: the use of force.

Whatever can be retrieved from the ashes of Kashmiriyat is valuable.  
This will be important for tomorrow’s democratic, pluralistic India.  
Democracy is a constant dialogue. But it is yet to be appreciated by  
the 61-year-old nation which is still in the making.

India’s ethos of pluralism has been hit the most. What effect the  
stand taken by the Valley, more Islamic than Indian, would have on  
the polity is difficult to say. But secular forces in the country  
have been weakened. There is still no effort to talk to the Kashmiri  
leaders. New Delhi would be well advised to issue a white paper on  
Kashmir, containing talks with them and the Pakistan government. I  
still believe that the talks with the Hurriyat leaders may reveal  
that they are not for secession but for their separate identity which  
was guaranteed when the state joined India.  The problem is political  
and needs deft handling.

The pressure of events may force the Pakistan government to take a  
stand. The tragedy now is that the governments in both the countries  
are in no position to discuss azadi. The Gilani government in   
Islamabad is yet to attain stability.

The Manmohan Singh government has no mandate from the electorate to  
change the country’s borders. Even if it were to hold talks with the  
Hurriyat, it would not be able to reach anything concrete because it  
cannot prejudge who would come to power after the Lok Sabha  
elections. The temperature in Kashmir has reached the boiling point.  
Even if the Hurriyat leaders were to think of waiting till after the  
polls, they would find it hard to convince the people to defer the  
agitation. The threat that the terrorists would take over from the  
Hurriyat leaders is a superficial reading of the situation. Were the  
movement to take that direction, the security forces would use all  
the force to crush insurgency. The world is watching how the  
democratic India deals with a peaceful defiance.

My fear is that the demand of secession may give a handle to the BJP  
which is looking for an emotive issue. The nation is not prepared to  
have another partition. It is difficult to imagine the fallout in the  
country. The North-East too is watching the developments in Kashmir.   
Fundamentalists in Pakistan may be happy. The ISI may want to fish in  
the troubled waters. But they should realise that the azadi demand  
holds good for Kashmir under Pakistan as much as for Kashmir on the  
Indian side.

However, there is no time to waste. New Delhi should hold talks with  
the Kashmir leaders to assure them of an independent status, minus  
foreign affairs, defence and communications. Kashmir can have a UN  
seat as Ukraine in the Soviet Union had.

In the meanwhile, New Delhi must attend to the fears of the Muslim  
community in India. It feels insecure and helpless. In recent days I  
have travelled to some parts of the country and talked to many  
people, including well-placed Muslims.  The community knows that the  
happenings in Kashmir have polluted the atmosphere. But it believes  
that the arrests of the young among them are not because of Kashmir.  
Their concern is that on the pretext of curbing the activities of   
SIMI, scores of Muslims are picked up.

What is most disturbing is that the Muslim community finds the  
pluralistic ethos in India weakening. This means that even after 61  
years of independence, the nation has failed to establish a secular  
polity. It is, indeed, disturbing.

o o o

(viii) [Perfectly reasonable to ask the Brits, but not because they  
were the formal imperial power . . . HK.]

ONLINE PETITION ON KASHMIR

http://www.petitiononline.com/jk2008/petition.html

To:

Gordon Brown
Prime Minister
United Kingdom

David Miliband
Foreign Secretary
United Kingdom

Ban Ki-moon
Secretary-General
United Nations

José Manuel Barroso
President
European Commission


We are writing to bring to your attention the increasingly  
deteriorating situation in the Indian-controlled part of the disputed  
region of Jammu and Kashmir. Over the last two months, the people of  
Kashmir have held mass public processions protesting against an  
economic blockade imposed against the valley of Kashmir by extremist  
elements in the southern region of Jammu.

These peaceful protests have now escalated into a demand for the  
right to self-determination guaranteed to the people of Kashmir by  
various United Nations Resolutions (including nos. 57/1948, 51/1948,  
80/1950, and 122/1957). These rallies have drawn widespread support  
from hundreds of thousands of Kashmiris across the length and breadth  
of the Kashmir valley.

The Indian authorities have responded to these non-violent protests  
by using excessive lethal force including firing live rounds on  
unarmed protestors. So far, more than 25 unarmed civilians have been  
killed in firing by Indian soldiers. There are now more than 600,000  
Indian soldiers and paramilitaries on active duty in Kashmir (which  
translates to approximately one soldier for every eight Kashmiris).

Initially the Indian government allowed the protests to proceed  
without much opposition. However, it has recently changed its  
approach and begun to adopt repressive measures. The Indian  
government has banned local television channels and placed  
restrictions on media freedom. Pro-freedom politicians have been  
arrested without charge and prevented from attending processions and  
giving speeches. Indefinite curfew has been imposed across the ten  
districts of the Kashmir valley and soldiers have been given shoot-at- 
sight orders in some places.

We are deeply disturbed by the absence of any comment by the British  
government, the European Union or the United Nations on the recent  
spate of violence in Kashmir. When protests broke out in Tibet in  
March earlier this year, only a few thousand people took to the  
streets in Lhasa and other towns. Yet, there was a flurry of  
condemnation of the Chinese authorities by Western governments and  
international organisations. China was urged to refrain from using  
excessive force and to initiate meaningful talks with the Tibetans.  
In stark contrast to this vocal stance on Tibet, the international  
community has maintained complete silence on Kashmir.

We call upon the British government, as the former colonial power in  
South Asia, to discharge the moral responsibility it has to speak out  
against human rights violations in Kashmir and to urge all parties to  
exercise restraint and initiate peaceful negotiations for solving  
disputes. India is a member of the Commonwealth just like Zimbabwe  
and the Indian government deserves to be reminded of its obligations  
just as much as Mr Mugabe. In today’s world, the British government  
simply cannot afford to be seen as being selective in its criticism  
of other countries and exposure of state excesses when it comes to  
maintaining ethical and humanitarian high-grounds.

We, therefore, call upon you to urge the Indian government to:

• exercise restraint in dealing with protests in Kashmir,

• ensure human rights are not violated and bring perpetrators of  
human rights to justice, and

• initiate peaceful and meaningful negotiations to address the  
underlying causes of unrest in Kashmir, including the fundamental  
question of Kashmir’s future status.

Sincerely,
The Undersigned


______


[6] THE POGROM IN ORISSA - ANOTHER STAIN ON INDIA:

(i)

ONLINE PETITION AGAINST ATTACK ON CHRISTIANS IN ORISSA

To

The President of India

It is with deep concern and dismay that we hear the recent news  
pouring out from Orissa.

The atrocities perpetrated by the Sangha Parivar and Hindu  
fundamentalist outfits, against Christian community and their  
Missionaries in the state is a threat to our national unity and shame  
for our secular entity.

Hundreds of Christians have been chased out of their homes and  
attacked and looted. When the carnage enters into the fourth  
consecutive day, scores are dead and many missing. Attack against the  
Christian community runs unabated.

We request you to immediately direct the central and state government  
apparatus to contain these unfortunate (but intentionally master- 
planned) attacks against the Christian community and also use your  
offices to thwart any other such incidents from happening, in the  
future.

We request all secular and democratic forces of the country,  
intellectuals, media, to sign and express your solidarity against the  
attempts by VHP/BJP/Hindutwa outfits that are spreading and  
spearheading their long-held agenda of communal hate and religious  
fundamentalism.

We stand for a united India, in which all communities could live  
alongside each other in complete trust, unity and brotherhood.

We also appeal to the leaders of Hindu community to restrain their  
hooligans, whose doings would help only to make the whole nation bow  
our heads in perpetual shame.

Sincerely,

http://www.petitiononline.com/RAJ1962/petition.html

o o o

(ii) ORISSA VIOLENCE: JOIN THE DELHI PROTEST DEMO AT ORISSA BHAWAN  
AUG 29TH AT 10AM

Orissa Bhavan behind Ashoka Hotel

The Sangh is wreaking havoc in Orissa. Schools, orphanages, churches  
are being attacked, damaged, vandalised. Pastors and priests are  
being killed and nuns raped and set ablaze. Properties of hundreds of  
Christians have been burnt down, looted, vandalised. People are  
hiding in the forest and are witnessing their homes and businesses  
being burnt. Smoke is rising from all over.

The protest meeting has been initiated by a number of Christian groups.

Please do come and Join the protest.

(iii) STATEMENT BY AHMEDABAD CITIZENS CONDEMNING THE VIOLENCE IN ORISSA
http://communalism.blogspot.com/2008/08/statement-ff-ahmedabad- 
citizens.html

______


[7]


JUST LET ME BE
by Ayesha Khan
Indian Express, August 29, 2008

Continual celebration of victimhood isn’t helping Gujarat. NGOs need  
to understand this

Perhaps it is the times we live in. Tragedies now engender  
anniversary celebrations. There’s a new social class of vocal,  
visible victims. And publicly parading pain is the new thing. So in  
Gujarat on August 26, a month after the Ahmedabad blasts, there were  
functions, official and NGO-sponsored. One of the latter variety was  
organised by the Citizens for Justice and Peace (CJP) in Quresh Hall,  
Ahmedabad. There, 2002 riot victims met 2008 terror victims.

What was the idea? Fostering secular bonding? Who can argue against  
that? But one can and must point out that life, and life in Gujarat,  
is not Amar, Akbar, Anthony. Manmohan Desai had the three brothers of  
different faiths united via an impossible conjunction of medicine and  
maa — siblings simultaneously donating blood to their mother, tubes  
running from their arms to their mother’s. Such ideas of the heroic  
potential of inter-faith bonding seemed quite apt when the organisers  
of the Quresh Hall meeting said that the attempt was to “bridge the  
gap” and “get them talking to each other in empathy, with sympathy”.  
“Our grief is same, our pain is same, our tragedies are similar, even  
if our faiths are different.”

Read the subtext. Riot victims of 2002 are Muslims who were victims  
of the state, the system and the majority Hindus. Victims of the  
Ahmedabad bombs in 2008 are Hindus, the perpetrators are Muslims. So,  
Muslims are victims, Hindus are victims, the bad guys may be  
different, but we all stand united — in fear, in tragedy. In Gujarat,  
it seems only fear and tragedy can secure the bonds.

Gujarat, let’s say it again, is becoming a strange place. The strange  
response to its brand of politics is now not only from society, but  
also from even civil society groups. Gujarat is perhaps the only  
Indian state to have the intriguing distinction of a memorial planned  
for riot victims — as CJP plans one in Ahmedabad’s Gulberg Society,  
the site of one of the most gruesome riots in 2002, where ex-MP Ehsan  
Jafri died. So we are to have a Gulberg Museum of Resistance. The  
sponsors didn’t ask anyone, didn’t ask me, for example, whether I  
want this. Whether as a Muslim or a Hindu, or Gujarai or Indian,  
whatever one’s identity is, such a memorial only brings deep discomfort.

This museum is not my culture, not my language. This is supposedly to  
be a museum that will be a reminder of human frailties and depravity.  
But will it soothe, will it heal? No, it will just help the wounds to  
fester. Gujarat has more than its fair share of slogans, hoardings,  
anniversaries and memorial functions. They are all over, in all  
shades and nuances. And they all bring discomfiture — they don’t help.

Bollywood secularism is not the answer to Gujarat’s political and  
social divides. This is missed even and especially by those who write  
reams on post-riot Gujarat. Six years later, there’s no escaping this  
narrative. I, like all of us, have layered identities. I am a  
journalist. I am Gujarati. I am a woman. I am a Muslim. But well- 
meaning groups wait for a month to pass after the Ahmedabad bombs day  
and start reminding me, lest I forget, that I am also to remember the  
riots, and the importance of being a victim. Why the presumption that  
this is what I want? Why the presumption that this is what anyone  
wants? If tragedies mean most in the personal dimension, then  
individuals should be allowed to deal with it.

So what victim-meets-victim programmes do is make me angry — because  
I am yet again labelled as the victim. I resent the reminder of  
victimhood being foisted on me. Apparently, in Gujarat, you can’t  
escape being a victim if you have once been identified as one.  
Victimhood takes different forms, searches for different contexts,  
waits for many anniversaries — but it’s always there. This is bizarre  
and made more so by the fact that there seems to be no recognition  
that all this coming together is not happening organically but  
because, in effect, different groups are being told they all have  
reasons to be afraid.

The state once wanted to decide for me in Gujarat where I stood in  
the scheme of things. Now, civil society groups also want to do that.  
That the motives might be different makes little difference. I don’t  
want the state or civil society groups to decide for me. I want the  
space and the time to decide for myself.

This is not an exceptionally demanding request. This is not a request  
that should surprise either politicians or civil society groups. This  
is not even a request that really needs to be made. Then why am I  
making it? And many in Gujarat feel this way.

We have to say this aloud because willy-nilly we have been playing a  
role decided for us. That role was something terrible when the  
state’s politics took that horrible turn. When civil society  
responded to that, and respond it had to, the role changed, the  
script changed, the people deciding the role changed, the motives  
were obviously infinitely better — but it was still a role I, and we,  
were expected to play.

I say this years after the riots, years during which I have felt  
constricted.

All that Gujarat wants is a space that the rest of India gives — to  
Indians irrespective of their faith and/or ideology. The state failed  
Gujarat on this. Will civil society groups let us down too?

Let me be. Just let me be.


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

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
necessarily reflect the views of SACW compilers.





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