'Majestic impartiality'

Back in May, Britain’s University and College Union (UCU) conference decided to hold a series of discussions among members about the call by Palestinian unions for a boycott of Israeli academic and cultural institutions. UCU General Secretary Sally Hunt opposed the motion and immediately distanced herself from conference’s decision.

Now, a UCU press release dated yesterday reveals

the union’s ‘strategy and finance committee unanimously accepted a recommendation from UCU general secretary, Sally Hunt, that the union should immediately inform branches and members that:

· A boycott call would be unlawful and cannot be implemented

· UCU members' opinions cannot be tested at local meetings

· The proposed regional tour cannot go ahead under current arrangements and is therefore suspended.

While writing this, I note that Mark Elf has already reported this over at Jews sans frontières.

The union’s legal advisors opine,

'It would be beyond the union's powers and unlawful for the union, directly or indirectly, to call for, or to implement, a boycott by the union and its members of any kind of Israeli universities and other academic institutions; and that the use of union funds directly or indirectly to further such a boycott would also be unlawful…to ensure that the union acts lawfully, meetings should not be used to ascertain the level of support for such a boycott.'

This backdown is troubling for a couple of reasons.

First of all, my suspicion is that the basis of the legal advice is the Race relations act (1976). I also suspect that the interpretation, whether of the Race relations act or whatever, relied upon the tendentious legal reasoning of such eminent luminaries as Harvard Professor of Torture, Alan M Dershowitz. It would be bad enough if the union accepted such a bogus interpretation, and I sincerely hope that UCU members will challenge this decision on the part of the bureaucracy. The refusal even to cite the legislation they base their advice on suggests a lack of confidence. But what’s really frightening is that they could be right. Even though the arguments Dershowitz and Julius present that hold all Jews responsible for Israel’s crimes are themselves antisemitic, they are meeting with broader and broader acceptance. The EU Monitoring Commission’s ‘Working definition’ of anti-Semitism makes precisely the same anti-Semitic assumptions. While it has no legal standing as yet, it appears to be increasingly influential and could be part of the basis for a judgement, even if it is not yet formally adopted. Indeed, such judgements could lead to formal adoption. That would expose virtually any proPalestinian or antiZionist activity to the risk of prosecution. Note that it is not just carrying out the proposed boycott, nor even just calling for it or furthering it, that the UCU’s legal team have determined would be illegal. They reckon it would put the union on the wrong side of the law just to ‘ascertain the level of support’ for the boycott.

The other thing is that the union bureaucrats had no compunction about publicly overturning a conference decision without reference to the members. Doubtless the officials have a responsibility to advise the members of the probable consequences of any action they decide to take. But in a democratic union, where the officials are accountable to the members they are supposed to represent, it would be up to the members whether to accept the risk.

Apart from that, it signals an unnerving proclivity on the part of the officials, widely observed among union bureaucrats everywhere, to want to ‘play by the rules’. ‘The law’s the law’, after all. But in reality, the law comprises the rules that the ruling class prefers. Whenever industrial struggle slackens, the bosses hurry to claw back any gains we’ve made in the past. Nor are they ever satisfied. Whenever the government enacts or amends legislation to reduce or threaten our employment, our conditions, or our pay, the employers call for more ‘certainty’ that they can sack us at will and the like. So when our officials tell us we can’t take such and such an action because we have to be ‘smart’ and ‘beat them at their own game’, all it really means is that they are content to lose. The important thing for them is to restrain any rank and file action or initiative that could challenge their credibility as intermediaries. So unless members stand up for their decisions, suspect legal advice will continue to trump them.

To paraphrase Anatole France, The law, in its majestic impartiality, forbids the bosses along with the workers to organise in the workplace, mount industrial action, or discuss an academic boycott of Israel in union branch meetings.

(Thanks to John E Richardson of JAZ for the link to the UCU media release.)

A symbol of freedom

After a harrowing ordeal at the hands of his captors, civil rights campaigner Syed Mohammad Iqbal Kazmi was released yesterday morning.

Dawn reports

Mr Kazmi said that two men tortured him during this period and quizzed him about his association with Pakistan Tehrik-i-Insaf chief Imran Khan…They also asked him to disclose the names of his supporters. He claimed his captors used to throw cold water on him to force him to stay awake.

“They burnt the sensitive parts of my body with cigarettes and pressed my fingers with stones,” he said.

[Dawn photo]

Mr Kazmi said that his captors threatened him with death if he did not disclose the names of those who had asked him to file the petition. He said his cellphone containing photo clips of the May 12 incidents, Rs12,000 in cash, a telephone directory and other documents were taken from him.

He said that one of the men -- whom the others referred to as ‘sahib’ – talked to him in a much more civilised manner. He said the man grilled him and asked him to withdraw the petition.

His captors forced him to sign blank papers, drugged him, and left him on the side of he road.

He said that he would neither surrender nor leave Karachi even at the cost of his and his family’s lives.

His wife, Sadia Kazmi, also said that the family would not leave Karachi and would face whatever happened.

Meanwhile, Information and Broadcasting Minister Mohammad Ali Durrani,

…claimed that the Pakistan Electronic Media Regulatory (Amendment) Ordinance…was actually meant to counter “some incidents of terrorism and extremism” rather than block the airing of criticism of the government.

…he rejected the charges that a curtailment of media freedom was intended and said the present government was credited with making Pakistan what claimed to be “a symbol (of press freedom) not only in the Islamic world but the whole world”.

The minister blamed recent interruptions of the programmes of some leading private television channels to technical problems…

And yet, Dawn’s Raja Asghar reports

The government used its numerical superiority in the National Assembly on Friday to block a debate on new media curbs…

The opposition parties had sought the debate on the restrictions and higher penalties ordered for the private electronic media through a presidential ordinance and instructions issued by the Pakistan Electronic Media Regularity Authority (Pemra) as well as alleged harassment of journalists mainly for their coverage of events relating to the prevailing judicial crisis in the country.

‘A symbol of press freedom’, Durrani said, not a respecter, implementer, or defender of press freedom.

It's not perfect

On Wednesday, US President George W Bush, the leader of the free world, and champion of freedom for the unfree world, addressed a press roundtable at the Kempinski Grand Hotel in Heiligendamm, Germany. In answer to the question, ‘But if you think democracy is the best way to confront radicals and terrorists, shouldn't we be pushing hard for democracy to really get established in Pakistan?’ he replied

Well, democracy is -- it's a lot more established in Pakistan than some of the other nations I mentioned. And there's upcoming elections. And what you're seeing is a lot of posturing about the election process, and it's not perfect. Either was our democracy perfect for 100 years when we enslaved people.

To underscore how robust the establishment of democracy in Pakistan really is, Dawn reports

The Supreme Court on Wednesday ordered that a man handed over to the Military Intelligence by Faisalabad police in 2004 be produced in court. The Faisalabad police deputy inspector-general had admitted before the court that Hafiz Abdul Basit had been arrested by police in January 2004 but after recording his statement he was handed over to Capt Amir of the MI.

A Supreme Court bench comprising Justice Javed Iqbal, Justice Abdul Hameed Dogar and Justice Falak Sher has taken up petitions of the Human Rights Commission of Pakistan (HRCP)…

Mr Basit’s uncle Hafiz Abdul Nasir claimed that when he himself was abducted by the military to pressure his nephew, he was in critical condition.

However, National Crisis Management Cell (NCMC) Director Col Javed Iqbal Lodhi insisted that the cell had no information about Mr Basit.

Mr Basit is only one of hundreds who have disappeared into the bowels of Pakistan’s democratic security establishment. It was largely thanks to his demands for the release of disappeared persons that General Musharraf relieved Chief Justice Iftikhar Chaudhry of his post, the principal catalyst for the current imbroglio. Justices Javed, Abdul, and Falak might need to take care how they pursue these cases, lest they find themselves on the receiving end of Pakistani freedom.

Also on Wednesday, civil rights campaigner

Syed Mohammed Iqbal Kazmi, who recently filed petitions on the May 12 mayhem in Karachi and the new Pemra ordinance, went missing after he dropped his 12-year-old son at the house of his mother-in-law in Gulistan-i-Jauhar.

Just yesterday, Pakistan again evidenced its profound respect for freedom when, Raja Asghar reports

…another first in Pakistan’s parliamentary history as Speaker Chaudhry Amir Hussain was quoted to have ordered his staff not to let journalists enter the parliament building to cover Thursday’s sitting of the National Assembly in what seemed to be a reprisal for a previous day’s unprecedented incident when they chanting slogans from the press gallery had scuffles with non-journalists who allegedly tried to undermine their protest walkout by occupying reporters’ seats.

Only members of the state media — the Pakistan Television, Radio Pakistan and the Associated Press of Pakistan -- were allowed entry to cover the…newly-promulgated Pakistan Electronic Media Regulatory Authority (Pemra) (Amendment) Ordinance providing for easier and harder punishments for perceived violations of the original Pemra law.

All journalists from newspapers, private television channels and other domestic and foreign news organisations were not allowed entry when they arrived at the parliament building for the scheduled 10am start of the National Assembly sitting. But they stayed on outside under a scorching sun [yesterday’s high temperature was 41C/105F], often chanting slogans such as “we want freedom” and “Pemra Ordinance na-manzoor (unacceptable)” whenever a government minister or other assembly members would come and drive into the parliament premises.

To further demonstrate how freedom flourishes in the ‘Land of the pure’, Dawn reported Wednesday that

Scores of journalists, civil society representatives, lawyers and politicians, who staged a torch-bearing protest against new curbs on the media here on Monday, were booked by police on multiple charges, including...chanting anti- government slogans.

…the case had been registered on the directive of the government who had ordered the police to take strict action against the protesters.

Among those named were 250 journalists, including Rawalpindi-Islamabad Press Club president Mushtaq Minhas.

Former federal minister Julius Salik, Pakistan Muslim League (PML-N) information secretary Ahsan Iqbal and a representative of civil society, Jehangir Akhter, were booked on the charge of provoking the journalists during the procession.

Besides, the police also booked several lawyers and representatives of civil society.

At the same time, according to Carlotta Gall, writing in the NY Times on Wednesday,

The provincial home secretary of Punjab, Khusro Fazal Khan, told the independent channel GEO Television that the police had arrested 312 political party local leaders and workers throughout the province. They were detained under an article of law in force since Friday that bans gatherings of more than 5 people.

Opposition parties say hundreds of their workers have been rounded up in house raids in the last few days in the Punjab, Pakistan's most populous province. Legislators protested the arrests at the opening of a new session of Parliament, called after a three-week recess, but the speaker refused them time.

In the time honoured tradition of freedom loving leaders, the Times reports the Pakistani daily The News quoted General Musharraf at a Wednesday meeting with senior members of the governing party, the Pakistan Muslim League, which gives him his base of support in Parliament, “If I myself have to do everything, then you are for what purpose?”

As President Bush said on Wednesday, ‘The process and progress move at different paces and different places…in the long run, the best way to secure your society is through liberty. In the short run, let's work collaboratively to protect ourselves.’ Either the Pakistanis have all the liberty they deserve, or they can wait until the Americans feel adequately protected.

Your lips are sealed

With the world’s attention diverted to Venezuela, whose democratically elected ‘dictator’, Hugo Chavez, has not renewed the license of a broadcaster implicated in the 2002 coup that briefly overthrew the elected government and replaced it with a ‘democratic’ junta more to Washington’s liking, Pakistan’s actual military dictator, General Pervez Musharraf, yesterday provided new powers to the Pakistan Electronic Media Regulatory Authority (PEMRA).

[BBC photo]

Just months after parliament had legislated on the relevant issues after years of consultation the new ordinance empowers PEMRA to act against media outlets independent of the committee established for the purpose. Dawn reports

The ordinance authorises the Pemra to confiscate the equipment of broadcasters and seal the premises without consulting a council of complaints.

The council was envisaged in the amendments passed in February. The amendment increased the fine for violators to Rs10 million from the existing Rs1 million.

Some 10 amendments were made in the Pemra (Amendment) Act passed in February this year. An amended sub-section (5) of Section 29 reads: “Provided further that the Authority or the chairman may seize a broadcast or distribution service equipment or seal the premises which is operating illegally or (in) contravention of orders passed under Section 30.”

Freedom of expression as understood in Pakistan precludes criticism of the military or the judiciary, so that is the context in which to construe the expression ‘operating illegally’. Two privately owned television stations, Aaj [‘today’] and ARY One World, had already been denied permission to do live broadcasts under existing rules.

A new provision -- Section 39 (A) -- even authorised the Pemra to make rules and regulations on its own from time to time by simply issuing notifications. It says: “The Authority may, by notification in the official gazette, make regulations, not inconsistent with the ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for carrying out the purposes of this ordinance.”

As soon as the new ordinance was announced, journalists took to the streets of Islamabad.

[Dawn photo]

Meanwhile, the National Security Council ‘agreed to draw up a multi-pronged strategy to deal with terrorism and extremism and create employment opportunities for the youth, especially in Fata [Federally Administered Tribal Areas bordering Afghanistan] and the NWFP [Northwest Frontier Province].’

In a move that would be derided as populist opportunism if President General Musharraf were not such a good friend of the Free World and such a close ally in the war of terrorism, he asserted

…that the new federal budget would be a catalyst in bringing about a qualitative change in the life of the poor and ensuring fast economic development. He said poverty would be brought down and job opportunities created through a record Public Sector Development Programme. He said massive economic development activities would be generated as a result of massive allocations for various development projects.

President Musharraf said the country had achieved record economic growth. He underlined the need for transferring the benefits of development to people at the grass-root level. He said measures would be taken to ensure the availability of essential items at subsidised rates. He said steps were being taken to check price hike, especially of items of daily use. He said measures would be taken to check inflation.

He said salaries and pensions of government employees would be increased.

Doubtless such vacuous promises are very welcome in a country where 65.6% of the population live on less than US$2 per day and 13.4% under $1. A full 26% are under Pakistan’s own poverty line. Which is not really surprising when cops get Rs3000 (US$50) per month and a primary school teacher can earn as little as Rs1200 ($20) a month.

In an apparent rebuff to General Musharraf, Dawn reported that yesterday, the Supreme Court ‘turned down federal government’s request for initiating contempt of the court proceedings against the Supreme Court Bar Association (SCBA) for defaming the judiciary and military at a seminar’.

What censorship?

Further to Friday’s post, the BBC reports that the threat to the media was not idle.

On Thursday Pakistan's information minister warned that the government would strictly enforce media laws forbidding criticism of the army and the judiciary.

Two private TV channels have now been prevented from live broadcasting after making alleged criticisms of the army and judiciary.

Aaj [‘today’] and ARY One World rely on cable operators who have said that the country's broadcasting regulator has ordered them to cut the feeds for the two channels.

President Musharraf has blamed the broadcast media for stoking the crisis triggered by the suspension of the chief justice [Iftikhar Chaudhry].

Moreover, the top military commanders issued a statement after their meeting with Musharraf Friday threatening they

"took serious note of the malicious campaign against Institutions of State, launched by vested interests and opportunists who were acting as obstructionist forces to serve their personal interests and agenda even at the cost of flouting the rule of law…Any attempt by a small minority to obstruct the aspirations of vast majority would only derail the nation from its path of progress and prosperity."

The Pakistan Electronic Media Regulatory Authority (Pemra), Dawn’s Amir Wasim reports, has written to the private TV channels banning coverage of the chief justice affair and that it ‘expects maturity and a sense of responsibility from the broadcasters’. Furthermore,

“No programme shall be aired which (i) is likely to encourage and incite violence or contains anything against maintenance of law and order or which promotes anti-national and anti-state attitude; (ii) contains anyRAand integrity of the armed forces of Pakistan; (iv) maligns or slander any individual in person or certain groups, segments of social, public and moral life of the country; and is against basic cultural values, morality and good manner.”

“You are, therefore, advised to refrain/desist from relaying programmes which deviate (from) Pemra laws and Code of Conduct. Non-implementation of the directives in this respect shall invoke legal action under Pemra Ordinance 2002 and rules/regulations made there under,” says the letter carrying the signature of Pemra director-general (enforcement) Rana Altaf Majid.

Meanwhile, Dawn further reports, in response to threats and alleging subscriber complaints, the Cable Operators Association of Pakistan (CAP) at a Karachi press conference yesterday threatened to take offending satellite TV channels off the air

“We have decided that we’ll not become part of any campaign which goes against the armed forces, judiciary and integrity of Pakistan and will virtually boycott the channels, which indulge in such acts.”

In response to the military commanders’ statement released by the Inter-Services Public Relations (ISPR) about the meeting endorsing President General Musharraf’s unconstitutional dual role, Dawn reports that opposition parties

The MMA [Muttahida Majlis-i-Amal] and Tehrik-i-Insaaf [PTI] leadership demanded the immediate resignation of General Musharraf from the posts of president and army chief, and said that leaders in exile should return to participate in the election process. They said that a neutral interim national government should immediately conduct free, fair and transparent elections, and that the election commission should be reconstituted in consultation with the country’s major parliamentary parties. They also demanded the complete independence of the judiciary.

Also,

At a Saturday press conference in Islamabad, acting parliamentary leader of the Pakistan Muslim League-Nawaz (PML-N) Chaudhry Nisar Ali Khan accused General Musharraf of presenting the army as a political party and warned that this could lead to a civil war.

The MMA leadership had discussed their response with representatives of the Pakistan Oppressed Nations Movement (PONM) and Awami National Party (ANP). In Lahore, MMA president Qazi Hussain Ahmed and PTI chief Imran Khan (yes, that Imran Khan!) told the press the ISPR statement was “unconstitutional and unethical.”

They said that the corps commanders’ meeting constituted an effort to involve the army leadership in the political survival of a ruler who has lost all legitimacy.

The MMA and PTI statement accused General Musharraf of using the armed forces for his own survival and asserted that…it points to a fundamental departure from the role of the armed forces as laid down in the Constitution and the Army Act.

The essence of democracy

At a joint press conference with the Leader of the Free World on 4 March last year, Pakistani President Pervez Musharraf said,

… we have introduced the essence of democracy now in Pakistan. It has… never existed before…we have liberated the media and the press…the result of my democratization of Pakistan, opening the Pakistan society of the media -- the print media and the electronic media, both. And they're totally liberated…Sustainable democracy has been introduced in Pakistan and will prevail in Pakistan…

It turns out, however, that Information Minister Mohammad Ali Durrani may not entirely agree. As today’s Dawn reports,

“The events of the past two months have brought into sharp focus the issue of freedom with responsibility and a matter of concern for everyone within the government or outside it,” the information minister said.

He said that the judicial issue, which required a judicial verdict, had been politicised to the extent that the Supreme Court’s own directives were also not adhered to…

“The armed forces of Pakistan have … embraced martyrdom whenever the country faced any threat. Be it an ordinary soldier or a general, the commitment to the defence of Pakistan is immeasurable.

“We cannot, therefore, let the defenders of our frontiers be maligned and defamed,” the minister said.

“An element clearly violated the limits that the Constitution and the law of the land put on every citizen about protecting the honour and respect of the judiciary and the armed forces,” he said, indicating that such moves warranted action.

Information ministry officials said the government, while using some Pemra [Pakistan Electronic Media Regulatory Authority] laws, was planning to make it mandatory for televisions channels to seek prior permission for live coverage of outdoor events. If applied strictly, the government may restrict all live coverage, particularly of events like opposition rallies or events relating to the judicial crisis.

Also in today’s Dawn, Raja Asghar reports that the Pakistani governmetn’s commitment to freedom of expression didn’t preclude putting the kibosh on the launch of military analyst Dr Ayesha Siddiqa’s new book, Military Inc: Inside Pakistan’s Military Economy.

She had arranged its launch at the exclusive Islamabad Club.

But the author told a surprised audience that not only the club cancelled the booking of its auditorium, “all hotels in Islamabad were also told” by unspecified authorities not to allow the use of their halls for this, forcing the organisers to find a sanctuary at a third-floor room provided by a non-governmental organisation.

Declan Walsh wrote in yesterday’s Guardian, that the pioneering study valued the Pakistani military’s business interests at nearly US$20 billion, as well as 4.8m hectares of public land.

Five giant conglomerates, known as "welfare foundations", run thousands of businesses, ranging from street corner petrol pumps to sprawling industrial plants. The main street of any Pakistani town bears testament to their economic power, with military-owned bakeries, banks, insurance companies and universities, usually fronted by civilian employees. Ms Siddiqa estimates that the military controls one-third of all heavy manufacturing and up to 7% of private assets.

Profits are supposed to be pumped back into schools, hospitals and other welfare facilities - the military claims it has 9 million beneficiaries - but there is little transparency. "There is little evidence that pensioners are benefiting from these welfare facilities," she said.

Of the 96 businesses run by the four largest foundations, only nine file public accounts. The generals spurn demands by parliament to account for public monies they spend.

The military's penetration into society has accelerated under President Pervez Musharraf, who has also parachuted 1,200 officers into key positions in public organisations such as universities and training colleges. The military boasts that it can run such organisations better than incompetent and corrupt civilians.

But according to Dr Siddiqa,

the military businesses thrive, thanks to invisible state subsidies in the form of free land, the use of military assets, and loans to bail them out when they run into trouble. "There are gross inefficiencies and the military is mired in crony capitalism…They are not designed for the corporate sector."

"Over the past three years a lot of my friends have advised me not to publish this book. They think I have suicidal tendencies."

While the serving and retired brigadiers enjoy their sinecures, their prestigious university rectorships, and their ill gotten gains, Bakhtawar Mian reported in Monday’s Dawn that

The Asian Development Bank has found serious flaws in the Zakat distribution programme and termed it politicised and vague with poor implementation procedures and no accountability or monitoring system.

The Zakat is an Islamic tithe intended principally to relive poverty that all Pakistani Muslims are required to pay by law.

Political agendas are easily injected into the programme implementation due to excessive discretionary powers conferred on the local committees. Moreover, the programme requires no public disclosure of the final list of beneficiaries and reasons for selecting them, and has no system of appeals or public accountability, the study says.

…“Studies have shown that under the Zakat programme, beneficiaries need to bribe officials to get the money to which they are entitled. This is the result of an organised mechanism of bribery that ensures leakages to the extent that a deserving person might not receive any money at all. Moreover, payments to subsistence recipients are not made regularly, sometimes for months on end,” the report further says.

And that’s why Musharraf can boast, ‘We have empowered the people of Pakistan now -- they were never empowered before…’

[Photos courtesy of Whitehouse website, BBC, and Dawn.]

Turkishness in peril

I had a message from Korova at the Mask of Anarchy asking me to put up the video about David Hicks. I had a hell of a time getting the code to work, and then it stopped altogether, so guess why!

A Turkish court ordered access to YouTube's website blocked Wednesday, after a prosecutor recommended the ban because of videos allegedly insulting the founder of modern Turkey, Mustafa Kemal Ataturk.

Thankfully the Mask and 10% came up with a work around.

Visitors to the YouTube site from Turkey were greeted with the message: "Access to this site has been blocked by a court decision!..."

A message in both Turkish and English at the bottom of the page said, "Access to http://www.youtube.com site has been suspended in accordance with decision no: 2007/384 dated 06.03.2007 of Istanbul First Criminal Peace Court."

That’s not the message I get. Mine just says, ‘Loading…’, but never loads. Curiously, I did get into the YouTube site this morning and the ‘Thong count’ video played. That was sure worthwhile.

Insulting Ataturk or "Turkishness" is a crime in Turkey punishable by prison.

So don’t ask!