Showing posts with label Noam Chomsky. Show all posts
Showing posts with label Noam Chomsky. Show all posts

Monday, May 2, 2011

Terrorism, Theirs & Ours by Late. Eqbal Ahmad (1933/34 - 1999)

WASHINGTON — After years of dead ends and promising leads gone cold, the big break came last August. A trusted courier of Osama bin Laden’s whom American spies had been hunting for years was finally located in a compound 35 miles north of the Pakistani capital, close to one of the hubs of American counterterrorism operations. The property was so secure, so large, that American officials guessed it was built to hide someone far more important than a mere courier. What followed was eight months of painstaking intelligence work, culminating in a helicopter assault by American military and intelligence operatives that ended in the death of Bin Laden on Sunday and concluded one of history’s most extensive and frustrating manhunts. American officials said that Bin Laden was shot in the head after he tried to resist the assault force, and that one of his sons died with him. REFERENCE: Detective Work on Courier Led to Breakthrough on Bin Laden By MARK MAZZETTI and HELENE COOPER Published: May 2, 2011 http://www.nytimes.com/2011/05/02/world/asia/02reconstruct-capture-osama-bin-laden.html 


In the 1930s and 1940s, the Jewish underground in Palestine was described as “TERRORIST.” Then new things happened. By 1942, the Holocaust was occurring, and a certain liberal sympathy with the Jewish people had built up in the Western world. At that point, the terrorists of Palestine, who were Zionists, suddenly started to be described, by 1944-45, as “freedom fighters.” At least two Israeli Prime Ministers, including Menachem Begin, have actually, you can find in the books and posters with their pictures, saying “Terrorists, Reward This Much.” The highest reward I have noted so far was 100,000 British pounds on the head of Menachem Begin, the terrorist. Then from 1969 to 1990 the PLO, the Palestine Liberation Organization, occupied the center stage as the terrorist organization. Yasir Arafat has been described repeatedly by the great sage of American journalism, William Safire of the New York Times, as the “Chief of Terrorism.” That’s Yasir Arafat. Now, on September 29, 1998, I was rather amused to notice a picture of Yasir Arafat to the right of President Bill Clinton. To his left is Israeli Prime Minister Benjamin Netan­yahu. Clinton is looking towards Arafat and Arafat is looking literally like a meek mouse. Just a few years earlier he used to appear with this very menacing look around him, with a gun appearing menacing from his belt. You remember those pictures, and you remember the next one. REFERENCE: TERRORISM: THEIRS AND OURS By Eqbal Ahmad (A Presentation at the University of Colorado, Boulder, October 12, 1998) Courtesy: University of Colorado http://www.sangam.org/ANALYSIS/Ahmad.htm 

Eqbal Ahmad -Terrorism, Theirs & Ours- Pt 1.


Courtesy: dyollnagrom's Channel http://www.youtube.com/user/dyollnagrom More in: In part one, Eqbal Ahmad examines the terms "terrorist" and "freedom fighter" as they are used in American politics. In part two, David Barsamian interviews Ahmad upon his return from Afghanistan where he interviewed Osama bin Laden. Terrorism: Theirs and Ours Eqbal Ahmad (Author), David Barsamian (Author) http://www.amazon.com/exec/obidos/ASIN/1583224904/bitsonline-20


In 1985, President Ronald Reagan received a group of bearded men. These bearded men I was writing about in those days in The New Yorker, actually did. They were very ferocious-looking bearded men with turbans looking like they came from another century. President Reagan received them in the White House. After receiving them he spoke to the press. He pointed towards them, I’m sure some of you will recall that moment, and said, “These are the moral equivalent of America’s founding fathers”. These were the Afghan Mujahiddin. They were at the time, guns in hand, battling the Evil Empire. They were the moral equivalent of our founding fathers! REFERENCE: TERRORISM: THEIRS AND OURS By Eqbal Ahmad (A Presentation at the University of Colorado, Boulder, October 12, 1998) Courtesy: University of Colorado http://www.sangam.org/ANALYSIS/Ahmad.htm 

Eqbal Ahmad -Terrorism, Theirs & Ours- Pt 2.


Courtesy: dyollnagrom's Channel http://www.youtube.com/user/dyollnagrom
More in: In part one, Eqbal Ahmad examines the terms "terrorist" and "freedom fighter" as they are used in American politics. In part two, David Barsamian interviews Ahmad upon his return from Afghanistan where he interviewed Osama bin Laden. Terrorism: Theirs and Ours Eqbal Ahmad (Author), David Barsamian (Author) http://www.amazon.com/exec/obidos/ASIN/1583224904/bitsonline-20

In August 1998, another American President ordered missile strikes from the American navy based in the Indian Ocean to kill Osama Bin Laden and his men in the camps in Afghanistan. I do not wish to embarrass you with the reminder that Mr. Bin Laden, whom fifteen American missiles were fired to hit in Afghanistan, was only a few years ago the moral equivalent of George Washington and Thomas Jefferson! He got angry over the fact that he has been demoted from ‘Moral Equivalent’ of your ‘Founding Fathers’. So he is taking out his anger in different ways. I’ll come back to that subject more seriously in a moment.

You see, why I have recalled all these stories is to point out to you that the matter of terrorism is rather complicated. Terrorists change. The terrorist of yesterday is the hero of today, and the hero of yesterday becomes the terrorist of today. This is a serious matter of the constantly changing world of images in which we have to keep our heads straight to know what is terrorism and what is not. But more importantly, to know what causes it, and how to stop it.

The next point about our terrorism is that posture of inconsistency necessarily evades definition. If you are not going to be consistent, you’re not going to define. I have examined at least twenty official documents on terrorism. Not one defines the word. All of them explain it, express it emotively, polemically, to arouse our emotions rather than exercise our intelligence. I give you only one example, which is representative. October 25, 1984. George Shultz, then Secretary of State of the U.S., is speaking at the New York Park Avenue Synagogue. It’s a long speech on terrorism. In the State Department Bulletin of seven single-spaced pages, there is not a single definition of terrorism. What we get is the following:

Definition number one: “Terrorism is a modern barbarism that we call terrorism.”

Definition number two is even more brilliant: “Terrorism is a form of political violence.” Aren’t you surprised? It is a form of political violence, says George Shultz, Secretary of State of the U.S.

Number three: “Terrorism is a threat to Western civilization.”

Number four: “Terrorism is a menace to Western moral values.”

Eqbal Ahmad -Terrorism, Theirs & Ours- Pt 3.


Courtesy: dyollnagrom's Channel http://www.youtube.com/user/dyollnagrom
More in: In part one, Eqbal Ahmad examines the terms "terrorist" and "freedom fighter" as they are used in American politics. In part two, David Barsamian interviews Ahmad upon his return from Afghanistan where he interviewed Osama bin Laden. Terrorism: Theirs and Ours Eqbal Ahmad (Author), David Barsamian (Author) http://www.amazon.com/exec/obidos/ASIN/1583224904/bitsonline-20

Did you notice, does it tell you anything other than arouse your emotions? This is typical. They don’t define terrorism because definitions involve a commitment to analysis, comprehension and adherence to some norms of consistency. That’s the second characteristic of the official literature on terrorism.

The third characteristic is that the absence of definition does not prevent officials from being globalistic. We may not define terrorism, but it is a menace to the moral values of Western civilization. It is a menace also to mankind. It’s a menace to good order. Therefore, you must stamp it out worldwide. Our reach has to be global. You need a global reach to kill it. Anti-terrorist policies therefore have to be global. Same speech of George Shultz: “There is no question about our ability to use force where and when it is needed to counter terrorism.” There is no geographical limit. On a single day the missiles hit Afghanistan and Sudan. Those two countries are 2,300 miles apart, and they were hit by missiles belonging to a country roughly 8,000 miles away. Reach is global.

A fourth characteristic: claims of power are not only globalist they are also omniscient. We know where they are; therefore we know where to hit. We have the means to know. We have the instruments of knowledge. We are omniscient. Shultz: “We know the difference between terrorists and freedom fighters, and as we look around, we have no trouble telling one from the other.”

Only Osama Bin Laden doesn’t know that he was an ally one day and an enemy another. That’s very confusing for Osama Bin Laden. I’ll come back to his story towards the end. It’s a real story.

Five. The official approach eschews causation. You don’t look at causes of anybody becoming terrorist. Cause? What cause? They ask us to be looking, to be sympathetic to these people.

Another example. The New York Times, December 18, 1985, reported that the foreign minister of Yugoslavia, you remember the days when there was a Yugoslavia, requested the Secretary of State of the U.S. to consider the causes of Palestinian terrorism. The Secretary of State, George Shultz, and I am quoting from the New York Times, “went a bit red in the face. He pounded the table and told the visiting foreign minister, there is no connection with any cause. Period.” Why look for causes? Number six. The moral revulsion that we must feel against terrorism is selective. We are to feel the terror of those groups, which are officially disapproved. We are to applaud the terror of those groups of whom officials do approve. Hence, President Reagan, “I am a contra.” He actually said that. We know the contras of Nicaragua were anything, by any definition, but terrorists. The media, to move away from the officials, heed the dominant view of terrorism. The dominant approach also excludes from consideration, more importantly to me, the terror of friendly governments. To that question I will return because it excused among others the terror of Pinochet (who killed one of my closest friends) and Orlando Letelier; and it excused the terror of Zia ul-Haq, who killed many of my friends in Pakistan. All I want to tell you is that according to my ignorant calculations, the ratio of people killed by the state terror of Zia ul-Haq, Pino­chet, Argentinian, Brazilian, Indonesian type, versus the killing of the PLO and other terrorist types is literally, conservatively, one to one hundred thousand. That’s the ratio. REFERENCE: TERRORISM: THEIRS AND OURS By Eqbal Ahmad (A Presentation at the University of Colorado, Boulder, October 12, 1998) Courtesy: University of Colorado http://www.sangam.org/ANALYSIS/Ahmad.htm 

Eqbal Ahmad -Terrorism, Theirs & Ours- Pt 4.

Courtesy: dyollnagrom's Channel http://www.youtube.com/user/dyollnagrom
More in: In part one, Eqbal Ahmad examines the terms "terrorist" and "freedom fighter" as they are used in American politics. In part two, David Barsamian interviews Ahmad upon his return from Afghanistan where he interviewed Osama bin Laden. Terrorism: Theirs and Ours Eqbal Ahmad (Author), David Barsamian (Author) http://www.amazon.com/exec/obidos/ASIN/1583224904/bitsonline-20

History unfortunately recognizes and accords visibility to power and not to weakness. Therefore, visibility has been accorded historically to dominant groups. In our time, the time that began with this day, Columbus Day.

The time that begins with Columbus Day is a time of extraordinary unrecorded holocausts. Great civilizations have been wiped out. The Mayas, the Incas, the Aztecs, the American Indians, the Canadian Indians were all wiped out. Their voices have not been heard, even to this day fully. Now they are beginning to be heard, but not fully. They are heard, yes, but only when the dominant power suffers, only when resistance has a semblance of costing, of exacting a price. When a Custer is killed or when a Gordon is besieged. That’s when you know that they were Indians fighting, Arabs fighting and dying.

My last point of this section – U.S. policy in the Cold War period has sponsored terrorist regimes one after another. Somoza, Batista, all kinds of tyrants have been America’s friends. You know that. There was a reason for that. I or you are not guilty. Nicaragua, contra. Afghanistan, mujahiddin. El Salvador, etc.

Now the second side. You’ve suffered enough. So suffer more.

There ain’t much good on the other side either. You shouldn’t imagine that I have come to praise the other side. But keep the balance in mind. Keep the imbalance in mind and first ask ourselves, What is terrorism?

Our first job should be to define the damn thing, name it, give it a description of some kind, other than “moral equivalent of founding fathers” or “a moral outrage to Western civilization”. I will stay with you with Webster’s Collegiate Dictionary: “Terror is an intense, overpowering fear.” He uses terrorizing, terrorism, “the use of terrorizing methods of governing or resisting a government.” This simple definition has one great virtue, that of fairness. It’s fair. It focuses on the use of coercive violence, violence that is used illegally, extra-constitutionally, to coerce. And this definition is correct because it treats terror for what it is, whether the government or private people commit it.

Have you noticed something? Motivation is left out of it. We’re not talking about whether the cause is just or unjust. We’re talking about consensus, consent, absence of consent, legality, absence of legality, constitutionality, absence of constitutionality. Why do we keep motives out? Because motives differ. Motives differ and make no difference.

I have identified in my work five types of terrorism.

First, state terrorism. Second, religious terrorism; terrorism inspired by religion, Catholics killing Protestants, Sunnis killing Shiites, Shiites killing Sunnis, God, religion, sacred terror, you can call it if you wish. State, church. Crime. Mafia. All kinds of crimes commit terror. There is pathology. You’re pathological. You’re sick. You want the attention of the whole world. You’ve got to kill a president. You will. You terrorize. You hold up a bus. Fifth, there is political terror of the private group; be they Indian, Vietnamese, Algerian, Palestinian, Baader-Meinhof, the Red Brigade. Political terror of the private group. Oppositional terror.

Keep these five in mind. Keep in mind one more thing. Sometimes these five can converge on each other. You start with protest terror. You go crazy. You become pathological. You continue. They converge. State terror can take the form of private terror. For example, we’re all familiar with the death squads in Latin America or in Pakistan. Government has employed private people to kill its opponents. It’s not quite official. It’s privatized. Convergence. Or the political terrorist who goes crazy and becomes pathological. Or the criminal who joins politics. In Afghanistan, in Central America, the CIA employed in its covert operations drug pushers. Drugs and guns often go together. Smuggling of all things often go together.

Of the five types of terror, the focus is on only one, the least important in terms of cost to human lives and human property [Political Terror of those who want to be heard]. The highest cost is state terror. The second highest cost is religious terror, although in the twentieth century religious terror has, relatively speaking, declined. If you are looking historically, massive costs. The next highest cost is crime. Next highest, pathology. A Rand Corporation study by Brian Jenkins, for a ten-year period up to 1988, showed 50% of terror was committed without any political cause at all. No politics. Simply crime and pathology.

So the focus is on only one, the political terrorist, the PLO, the Bin Laden, whoever you want to take. Why do they do it? What makes the terrorist tick?

I would like to knock them out quickly to you. First, the need to be heard. Imagine, we are dealing with a minority group, the political, private terrorist. First, the need to be heard. Normally, and there are exceptions, there is an effort to be heard, to get your grievances heard by people. They’re not hearing it. A minority acts. The majority applauds.

The Palestinians, for example, the superterrorists of our time, were dispossessed in 1948. From 1948 to 1968 they went to every court in the world. They knocked at every door in the world. They were told that they became dispossessed because some radio told them to go away - an Arab radio, which was a lie. Nobody was listening to the truth. Finally, they invented a new form of terror, literally their invention: the airplane hijacking. Between 1968 and 1975 they pulled the world up by its ears. They dragged us out and said, Listen, Listen. We listened. We still haven’t done them justice, but at least we all know. Even the Israelis acknowledge. Remember Golda Meir, Prime Minister of Israel, saying in 1970, ‘There are no Palestinians.’ They do not exist. They damn well exist now. We are cheating them at Oslo. At least there are some people to cheat now. We can’t just push them out. The need to be heard is essential. One motivation there.

Mix of anger and helplessness produces an urge to strike out. You are angry. You are feeling helpless. You want retribution. You want to wreak retributive justice. The experience of violence by a stronger party has historically turned victims into terrorists. Battered children are known to become abusive parents and violent adults. You know that. That’s what happens to peoples and nations. When they are battered, they hit back. State terror very often breeds collective terror.

Do you recall the fact that the Jews were never terrorists? By and large Jews were not known to commit terror except during and after the Holocaust. Most studies show that the majority of members of the worst terrorist groups in Israel or in Palestine, the Stern and the Irgun gangs, were people who were immigrants from the most anti-Semitic countries of Eastern Europe and Germany. Similarly, the young Shiites of Lebanon or the Palestinians from the refugee camps are battered people. They become very violent. The ghettos are violent internally. They become violent externally when there is a clear, identifiable external target, an enemy where you can say, ‘Yes, this one did it to me’. Then they can strike back.

Example is a bad thing. Example spreads. There was a highly publicized Beirut hijacking of the TWA plane. After that hijacking, there were hijacking attempts at nine different American airports. Pathological groups or individuals modeling on the others. Even more serious are examples set by governments. When governments engage in terror, they set very large examples. When they engage in supporting terror, they engage in other sets of examples.

Absence of revolutionary ideology is central to victim terrorism. Revolutionaries do not commit unthinking terror. Those of you who are familiar with revolutionary theory know the debates, the disputes, the quarrels, the fights within revolutionary groups of Europe, the fight between anarchists and Marxists, for example. But the Marxists have always argued that revolutionary terror, if ever engaged in, must be sociologically and psychologically selective. Don’t hijack a plane. Don’t hold hostages. Don’t kill children, for God’s sake. Have you recalled also that the great revolutions, the Chinese, the Vietnamese, the Algerian, the Cuban, never engaged in hijacking type of terrorism? They did engage in terrorism, but it was highly selective, highly sociological, still deplorable, but there was an organized, highly limited, selective character to it. So absence of revolutionary ideology that begins more or less in the post-World War II period has been central to this phenomenon.

My final question is - These conditions have existed for a long time. But why then this flurry of private political terrorism? Why now so much of it and so visible? The answer is modern technology. You have a cause. You can communicate it through radio and television. They will all come swarming if you have taken an aircraft and are holding 150 Americans hostage. They will all hear your cause. You have a modern weapon through which you can shoot a mile away. They can’t reach you. And you have the modern means of communicating. When you put together the cause, the instrument of coercion and the instrument of communication, politics is made. A new kind of politics becomes possible.

To this challenge rulers from one country after another have been responding with traditional methods. The traditional method of shooting it out, whether it’s missiles or some other means. The Israelis are very proud of it. The Americans are very proud of it. The French became very proud of it. Now the Pakistanis are very proud of it. The Pakistanis say, ‘Our commandos are the best.’ Frankly, it won’t work. A central problem of our time, political minds, rooted in the past, and modern times, producing new realities. Therefore in conclusion, what is my recommendation to America?

Quickly. First, avoid extremes of double standards. If you’re going to practice double standards, you will be paid with double standards. Don’t use it. Don’t condone Israeli terror, Pakistani terror, Nicaraguan terror, El Salvadoran terror, on the one hand, and then complain about Afghan terror or Palestinian terror. It doesn’t work. Try to be even-handed. A superpower cannot promote terror in one place and reasonably expect to discourage terrorism in another place. It won’t work in this shrunken world.

Do not condone the terror of your allies. Condemn them. Fight them. Punish them. Please eschew, avoid covert operations and low-intensity warfare. These are breeding grounds of terror and drugs. Violence and drugs are bred there. The structure of covert operations, I’ve made a film about it, which has been very popular in Europe, called Dealing with the Demon. I have shown that wherever covert operations have been, there has been the central drug problem. That has been also the center of the drug trade. Because the structure of covert operations, Afghanistan, Vietnam, Nicaragua, Central America, is very hospitable to drug trade. Avoid it. Give it up. It doesn’t help.

Please focus on causes and help ameliorate causes. Try to look at causes and solve problems. Do not concentrate on military solutions. Do not seek military solutions. Terrorism is a political problem. Seek political solutions. Diplomacy works.

Take the example of the last attack on Bin Laden. You don’t know what you’re attacking. They say they know, but they don’t know. They were trying to kill Qadaffi. They killed his four-year-old daughter. The poor baby hadn’t done anything. Qadaffi is still alive. They tried to kill Saddam Hussein. They killed Laila Bin Attar, a prominent artist, an innocent woman. They tried to kill Bin Laden and his men. Not one but twenty-five other people died. They tried to destroy a chemical factory in Sudan. Now they are admitting that they destroyed an innocent factory, one-half of the production of medicine in Sudan has been destroyed, not a chemical factory. You don’t know. You think you know.

Four of your missiles fell in Pakistan. One was slightly damaged. Two were totally damaged. One was totally intact. For ten years the American government has kept an embargo on Pakistan because Pakistan is trying, stupidly, to build nuclear weapons and missiles. So we have a technology embargo on my country. One of the missiles was intact. What do you think a Pakistani official told the Washington Post? He said it was a gift from Allah. We wanted U.S. technology. Now we have got the technology, and our scientists are examining this missile very carefully. It fell into the wrong hands. So don’t do that. Look for political solutions. Do not look for military solutions. They cause more problems than they solve.

Please help reinforce, strengthen the framework of international law. There was a criminal court in Rome. Why didn’t they go to it first to get their warrant against Bin Laden, if they have some evidence? Get a warrant, then go after him. Internationally. Enforce the U.N. Enforce the International Court of Justice, this unilateralism makes us look very stupid and them relatively smaller.

Q&A

The question here is that I mentioned that I would go somewhat into the story of Bin Laden, the Saudi in Afghanistan and didn’t do so, could I go into some detail? The point about Bin Laden would be roughly the same as the point between Sheikh Abdul Rahman, who was accused and convicted of encouraging the blowing up of the World Trade Center in New York City. The New Yorker did a long story on him. It’s the same as that of Aimal Kansi, the Pakistani Baluch who was also convicted of the murder of two CIA agents. Let me see if I can be very short on this. Jihad, which has been translated a thousand times as “holy war,” is not quite just that. Jihad is an Arabic word that means, “to struggle.” It could be struggle by violence or struggle by non-violent means. There are two forms, the small jihad and the big jihad. The small jihad involves violence. The big jihad involves the struggles with self. Those are the concepts. The reason I mention it is that in Islamic history, jihad as an international violent phenomenon had disappeared in the last four hundred years, for all practical purposes. It was revived suddenly with American help in the 1980s. When the Soviet Union intervened in Afghanistan, Zia ul-Haq, the military dictator of Pakistan, which borders on Afghanistan, saw an opportunity and launched a jihad there against godless communism. The U.S. saw a God-sent opportunity to mobilize one billion Muslims against what Reagan called the Evil Empire. Money started pouring in. CIA agents starting going all over the Muslim world recruiting people to fight in the great jihad. Bin Laden was one of the early prize recruits. He was not only an Arab. He was also a Saudi. He was not only a Saudi. He was also a multimillionaire, willing to put his own money into the matter. Bin Laden went around recruiting people for the jihad against communism.

I first met him in 1986. He was recommended to me by an American official of whom I do not know whether he was or was not an agent. I was talking to him and said, ‘Who are the Arabs here who would be very interesting?’ By here I meant in Afghanistan and Pakistan. He said, ‘You must meet Osama.’ I went to see Osama. There he was, rich, bringing in recruits from Algeria, from Sudan, from Egypt, just like Sheikh Abdul Rahman. This fellow was an ally. He remained an ally. He turns at a particular moment. In 1990 the U.S. goes into Saudi Arabia with forces. Saudi Arabia is the holy place of Muslims, Mecca and Medina. There had never been foreign troops there. In 1990, during the Gulf War, they went in, in the name of helping Saudi Arabia defeat Saddam Hussein. Osama Bin Laden remained quiet. Saddam was defeated, but the American troops stayed on in the land of the kaba (the sacred site of Islam in Mecca), foreign troops. He wrote letter after letter saying, Why are you here? Get out! You came to help but you have stayed on. Finally he started a jihad against the other occupiers. His mission is to get American troops out of Saudi Arabia. His earlier mission was to get Russian troops out of Afghanistan. See what I was saying earlier about covert operations? A second point to be made about him is these are tribal people, people who are really tribal. Being a millionaire doesn’t matter. Their code of ethics is tribal. The tribal code of ethics consists of two words: loyalty and revenge. You are my friend. You keep your word. I am loyal to you. You break your word, I go on my path of revenge. For him, America has broken its word. The loyal friend has betrayed. The one to whom you swore blood loyalty has betrayed you. They’re going to go for you. They’re going to do a lot more. These are the chickens of the Afghanistan war coming home to roost. This is why I said to stop covert operations. There is a price attached to those that the American people cannot calculate and Kissinger type of people do not know, don’t have the history to know. REFERENCE: TERRORISM: THEIRS AND OURS By Eqbal Ahmad (A Presentation at the University of Colorado, Boulder, October 12, 1998) Courtesy: University of Colorado http://www.sangam.org/ANALYSIS/Ahmad.htm 

Eqbal Ahmad -Terrorism, Theirs & Ours- Pt 5.

Courtesy: dyollnagrom's Channel http://www.youtube.com/user/dyollnagrom
More in: In part one, Eqbal Ahmad examines the terms "terrorist" and "freedom fighter" as they are used in American politics. In part two, David Barsamian interviews Ahmad upon his return from Afghanistan where he interviewed Osama bin Laden. Terrorism: Theirs and Ours Eqbal Ahmad (Author), David Barsamian (Author) http://www.amazon.com/exec/obidos/ASIN/1583224904/bitsonline-20

Eqbal Ahmad was born in the village of Irki in Bihar, India in 1933 or 1934. A few years later, his father was murdered over a land dispute, while the young Eqbal lay beside him. During the partition of India in 1947, he and his elder brothers migrated to Pakistan. Ahmad graduated from Foreman Christian College in Lahore, Pakistan, in 1951 with a degree in economics. After serving briefly as an army officer, he enrolled at Occidental College in California as a Rotary Fellow in American History in 1957. From 1958 to 1960, he studied political science and middle eastern history at Princeton, later earning his Ph.D.





From 1960 to 1963, Ahmad lived in North Africa, working primarily in Algeria, where he joined the National Liberation Front and worked with Frantz Fanon. He was a member of the Algerian delegation to peace talks at Evian. When he returned to the United States, Ahmad taught at the University of Illinois at Chicago (1964 - 1965) and Cornell University in the school of Labour Relations (1965 - 1968). During these years, he became known as "one of the earliest and most vocal opponents of American policies in Vietnam and Cambodia". In 1969, he married the teacher and writer Julie Diamond. From 1968 to 1972, he was a fellow at the Adlai Stevenson Institute in Chicago. In 1971, Ahmad was indicted with the anti-war Catholic priests, Daniel and Phillip Berrigan, along with four other Catholic pacifists, on charges of conspiracy to kidnap Henry Kissinger. After fifty-nine hours of deliberations, the jury declared a mistrial. From 1972 to 1982, Ahmad was Senior Fellow at the Institution for Policy Studies. From 1973 to 1975, he served as the first director of its overseas affiliate, the Transnational Institute in Amsterdam. In 1982, Ahmad joined the faculty at Hampshire College, in Amherst Massachusetts, where he taught world politics and political science.


In the early 1990's he was granted a parcel of land in Pakistan by Prime Minister Benazir Bhutto's government to build an independent, alternative university, named Khaldunia. The land was later seized by Bhutto's husband, Asif Zardari, reportedly to build a golf course and club. A prolific writer and journalist, Eqbal was widely consulted by revolutionaries, journalists, activist leaders and policymakers around the world. He was an editor of the journal Race and Class, contributing editor of Middle East Report and L'Economiste du Tiers Monde, co-founder of Pakistan Forum, and an editorial board member of Arab Studies Quarterly. Ahmad was "that rare thing, an intellectual unintimidated by power or authority, a companion in arms to such diverse figures as Noam Chomsky, Howard Zinn, Ibrahim Abu-Lughod, Richard Falk, Fred Jameson, Alexander Cockburn and Daniel Berrigan." Upon his retirement from Hampshire in 1997, he settled permanently in Pakistan, where he continued to write a weekly column, for Dawn, Pakistan's oldest English language newspaper. Eqbal died in Islamabad on May 11, 1999, of heart failure following surgery for colon cancer, diagnosed just one week before. Reference: Biography: http://www.bitsonline.net/eqbal/biography.asp 

Friday, December 24, 2010

Labour/Worker "Friendly" Judiciary of Pakistan.

ISLAMABAD: The Supreme Court accepted on Thursday an appeal of the PTCL against termination of contract employees and said the employees had no vested right to seek regularisation of their job. “Employees having entered into contracts of service on the same or similar terms and conditions have no vested right to seek regularisation of their employment, which is discretionary with the master. The master is well within his rights to retain or dispense with services of an employee on the basis of satisfactory or otherwise performance. “The contract employees have no right to invoke writ jurisdiction, particularly in the instant case where their services have been terminated on completion of the period of contract,” the Supreme Court ruled. However, the bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Tariq Pervez and Justice Ghulam Rabbani granted a relief to the employees and said that since they fell within the definition of workmen, they would be entitled to one month’s notice or salary, as permissible to them under the rule of employer and employee. Accepting the appeal moved by Pakistan Telecommunication Company Limited, the apex court held that petitions filed by PTCL employees were not maintainable.

The PTCL had introduced a Voluntary Separation Scheme (VSS) which entitled its employees to receive early retirement benefits provided he had completed a minimum of 20 years of service. When these employees applied for early retirement, they were denied the benefit of VSS by PTCL for not completing the required length of service.

The employees wrote a letter to a judge of the Hyderabad Bench of the SHC, saying that they had completed 20 years of service from the date of their appointment, but they were wrongly denied the VSS benefits. The letter was converted into a petition and notices were issued to the authorities concerned. The PTCL argued that the length of service of these employees could be considered only from the date of successful completion of training and not from the date of their initial appointment. But the employees cited the case of Mrs Rubina Khadim, a telephone operator, who was granted the benefits on the basis of the date of her appointment and not that of completion of training. They submitted that in their case, the PTCL had pursued a policy of discrimination which warranted interference by the court. The Hyderabad bench allowed the petition and ordered the PTCL to extend the benefit of VSS to them.

Another bench of the same court through a common judgment of March 2010 granted relief to the employees and ordered the company to pay the balance and monthly pension as claimed by them. The company approached the apex court which decided to consider whether the writ could be issued to the PTCL as it was not performing functions in connection with affairs of the government and even if it was assumed to be performing such functions, the subject matter of the impugned judgment was not connected with affairs of the government, and also whether or not the rules framed by the PTCL were statutory. The court held as untenable the argument that the employees should be considered to be on job from the date of appointment, regularised after 183 days of service and therefore entitled to the wages as paid to regular employees of the PTCL. The court ruled that no relief could be granted to the employees because their services were not governed by any statutory rules and even the VSS was not offered under or in terms of any statutory provisions. REFERENCE: SC accepts PTCL plea against employees From the Newspaper (19 hours ago) Today By Nasir Iqbal http://www.dawn.com/2010/12/24/sc-accepts-ptcl-plea-against-employees-2.html

Noam Chomsky: Is Capitalism Making Life Better?

URL: http://www.youtube.com/watch?v=HFxYyXGMfZM


Labour Laws Violations in Pakistan

Under the 1973 Constitution labour is defined as a ‘concurrent subject’ making liable for implementation both the Federal and Provincial Governments. The Industrial Relations Ordinance makes provision for the appointment of a Collective Bargaining Agent (CBA) to determine the representative character of the trade union in industrial disputes and to obtain representation on committees, boards and commissions. There are several other provisions in the Constitution of Pakistan with regards to labour rights found in Part II protecting the Fundamental Rights such as Article 11 prohibits all forms of slavery, forced labour and child labour; Article 17 provides for freedom of association and the right to form unions; Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business; Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone; and Article 37(e) makes provision for securing just and humane conditions of work.

Noam Chomsky - Wage Slavery

URL: http://www.youtube.com/watch?v=2w4ThqMEpUQ&feature=related

The protection of civil rights and policies has apparently improved in papers after coming into power the present regime after restoration of “democracy”, but practically still falls far short of the standards of a democracy rather the conditions of the labour unions have been badly deteriorated. On the one hand even most of the corrupt CEOs of the state enterprises strongly resist the unionisation of their employees and the managements resort to intimidation, dismissal and blacklisting against the real unions simultaneously patronising the “Pocket Unions” to achieve their personal objectives; what to say about private enterprises, on the other hand Poverty has continued to rise which has further worsened the living conditions of workers class.

Noam Chomsky: Wage Slavery = Chattle Slavery

URL: http://www.youtube.com/watch?v=oztdRo9GLLk&feature=related

In the recent years, hundreds of trade union leaders have been dismissed from the Banks and other institutions. Merely on complaint of workers regarding violation of the OECD Guidelines for Multinational Companies, The Unilever dismissed 287 of the 292 temporary employees at the factory after the union’s announcement that it would be allowing temporary workers to join it and would help them obtain permanent employee status, leader of the National Trade Union Federation along withthree others were arrested on allegedly false charges of robbery probably brought by the owner of Interwood, The workers of PTCL remained protesting and staging a sit-in at PTCL Headquarter, Islamabad on the issue of the fulfillment of the commitments made to them by the management but their protest was brutally suppressed jointly by the state and management of the PTCL, Many leaders of the union of Pearl Continental Hotel in Karachi have been sacked, threatened, harassed and imprisoned. On 29 July, sacked union leaders and other dismissed workers were assaulted by the police when holding a peaceful protest in front of the hotel, Workers protesting for their rights were fired at the Badin Army Sugar Mills in Badin many being injured and having to receive hospital treatment, PUT Sarajevo General Engineering Company, sacked all the leaders and 32 other members of the Awami Labour Union on 24 July, after the union had put forward a series of demands regarding the application of legislation. The company also brought in the police to deal with the protesting workers, A case was filed bu Punjab Police against 1300 workers and 30 belonging to LQM, an organisation of textile workers were arrested on fake charges of attempted murder and kidnapping, Workers at the Pak Arab Refinery were summarily dismissed, Representatives of CBA union of Zarai Taraqiati Bank were sacked by the management for their “non-cooperative” attitude. The only fault on their part was that they had filed a complaint to the Prime Minister against illegal, politically motivated and out of merit recruitment on top ranking positions of dozens of retired army and police officers, and some others removed from different departments who did not have even a single day experience of developmental banking. In addition thousands of others were appointed in Grade-I to Grade-III and on lower grades without any merit. Not only the union representatives were dismissed from service without any tangible ground but the President of the Bank used his influence to get their appeals dismissed in the Federal Service Tribunal. Now their children are constrained to cease their education and also suffering from starvations. The General Secretary of the Pakistan Workers Federation in the region, Haji Muhammad Ramzan Achakzai, was also detained on criminal charges for supporting the mineworkers as well as later being involved in the cases of 250 dismissed Merck employees in Quetta.

Free Market Fantasies by Noam Chomsky 1/5

URL: http://www.youtube.com/watch?v=SgFlJjnULh0&feature=related
Free Market Fantasies by Noam Chomsky 2/5

URL: http://www.youtube.com/watch?v=Au2AiBfcxAs&feature=related
Free Market Fantasies by Noam Chomsky 3/5

URL: http://www.youtube.com/watch?v=4SWT4QBMUM8&feature=related
Free Market Fantasies by Noam Chomsky 4/5

URL: http://www.youtube.com/watch?v=gAEAHPaVNNE&feature=related
Free Market Fantasies by Noam Chomsky 5/5

URL: http://www.youtube.com/watch?v=em1bwo4NHAw&feature=related


These are merely a few examples of destitution of workers class. Such instances had not been seen even during dictator’s regime. The NGOs working in Human Rights as well as media are also silent and they have not acted promptly and effectively against these gross violations of Fundamental Rights, the NGOs on Human Rights risks in particular becoming irrelevant. It was of paramount necessity to uphold human rights and denounce violations wherever they occurred. But instead, time and time again, the NGOs have behaved in a highly fractious, self-interested, politically expedient manner, turning a blind eye to human rights violations and allowing perpetrators to operate with impunity. NGOs, media and civil society should come forward to become a wall against these grave violations of Fundamental Rights guaranteed by the constitution. We should remember working class is backbone of the economy of Pakistan. REFERENCE: Labour Laws Violations in Pakistan By on NOVEMBER 9, 2010 Shaukat Masood Zafar http://www.geotauaisay.com/2010/11/labour-laws-violations-in-pakistan/

The Myth of the Liberal Media: The Propaganda Model of News

URL: http://www.youtube.com/watch?v=KYlyb1Bx9Ic&feature=related

Noam Chomsky Compares Right-Wing Media to Nazi Germany

URL: http://www.youtube.com/watch?v=6MHEuudJ-o0&feature=fvw
BUT WHAT ABOUT THOSE PCO JUDGES WHO LEGALIZED THE MARTIAL LAW OF GENERAL PERVEZ MUSHARRAF?

DID JUDICIARY STOPPED THIS FROM HAPPENING? WHERE WERE THE SO-CALLED PRESS CLIPPINGS AND NEWS REPORTS OF MR. ANSAR ABBASI AND MR. AHMAD NOORANI WHILE NATIONAL ACCOUNTABILITY BUREAU AND ISI TINKERING WITH THE LAW AND CONSTITUTION TO DISTORT THE CONSTITUTION FOR WHICH THE SAME JUDICIARY GAVE THE CARTE BLANCHE TO THE MILITARY REGIME OF MUSHARRAF FROM 1999 TO 2007.

High treason.

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason. REFERENCE: The Constitution of the Islamic Republic of Pakistan http://www.pakistani.org/pakistan/constitution/

An accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offense.

In his petition, the senator, on whose petition the Supreme Court had earlier validated the Oct 12, 1999, military coup by Gen Musharraf, also challenged a provision in Section 3 of the High Treason (Punishment) Act, 1973, which required the federal government to move a reference for any proceedings under high treason and said this provision was against Article 6 of the Constitution, which does not demand such condition. The petition also asked whether former army chief (Gen Musharraf) did not commit breach of his constitutional oath through his Oct 12, 1999, military coup in disregard of the Constitution and, if faith and allegiance to Pakistan means upholding the Constitution which embodies the will of the people, does it not amount to treason. - The armed forces, the petition alleged, were not only ridiculed but insulted by exploiting them only for personal gains. They were made to climb the wall of the prime minister’s house on Oct 12 and used to maintain Gen Musharraf in his extra-constitutional usurpation of power, the petition alleged. To relinquish the office of Chief Executive in accordance with the Supreme Court’s May 12, 2000 judgment, means that Gen Musharraf should have surrendered the command of the armed forces to the then Prime Minister, Mir Zafraullah Khan Jamali, after holding the general elections, but by not doing so, Gen Musharraf disobeyed and violated the order of the apex court, the petition contended. - Sayed Zafar Ali Shah submitted that General (R) Pervez Musharraf used force against the elected prime minister, overturned the entire political and democratic system, he acted against the integrity and security of the country and was liable to be punished under Article 6 of the constitution of 1973 read with Section 2 of the High Treason (Punishment) Act, 1973. REFERENCES: SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389 SC moved for Musharraf’s trial under Article 6 By Sohail Khan dated Sunday, August 23, 2009http://thenews.jang.com.pk/top_story_detail.asp?Id=24034 SC moved against Musharraf; PML-N disowns Zafar’s plea By Nasir Iqbal Sunday, 23 Aug, 2009 02:51 AM PST http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/front-page/sc-moved-against-musharraf-pmln-disowns-zafars-plea-389

Five judges elevated to SC Bureau Report [Daily Dawn Feb 2000] ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. Reference: Five judges elevated to SC Bureau Reporthttp://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five


2 – Chaudhry Iftikhar named new CJ [Daily Dawn 2005] By Our Staff Reporter ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity. Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985. In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998. Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426http://www.dawn.com/2005/05/08/top4.htm

As per a report by International Crisis Group "REFORMING THE JUDICIARY IN PAKISTAN" dated 16 October 2008:

"QUOTE"

Pakistan’s higher judiciary has repeatedly validated military interventions and sanctioned constitutional amendments that have fundamentally altered the legal and political system. Attempting to explain its failure to protect the constitution through the “doctrine of state necessity”, the judiciary has relied on the dubious argument that the army’s intervention could be justified because of the pressing need for political stability. This doctrine was first developed in three cases in 1955 in the Federal Court, as the Supreme Court was then known, to justify the extra-constitutional dismissal of the legislature by a titular head of state.11 Drawing on the precedent of those decisions, the Supreme Court validated General Mohammed Ayub Khan’s 1958 declaration of martial law, General Mohammad Ziaul Haq’s 1977 coup and General Pervez Musharraf’s 1999 coup. While these Supreme Court judgments gave military regimes the trappings of legality, repeated military interventions have hampered the growth of civilian institutions and moderate political parties and forces. The centralisation of power in a Punjabi-dominated army has also strained centre-province relations in a multi-ethnic, multi-regional state, even as the military’s use of religion to justify political control has undermined the security of Pakistani citizens, particularly women and religious and sectarian minorities. REFERENCE: Reforming the Judiciary in Pakistan Asia Report N°160 16 October 2008http://www.crisisgroup.org/home/index.cfm?id=5728&l=1

VALIDATING MILITARY INTERVENTIONS

Some courageous judges, such as Supreme Court Justices Dorab Patel and Fakhruddin G. Ibrahim,15 have refused to sanctify authoritarian interventions, and preferred to resign rather than undermine constitutionalism and the rule of law. By legitimising military rule and intervention, most have, however, abdicated their duty to uphold the law. Following Musharraf’s coup, the Supreme Court was purged of judges who might have opposed the military’s unconstitutional assumption of power. Judges were required to take an oath to Musharraf’s Provisional Constitutional Order (PCO), 1999, superseding the oath they had sworn at their induction to the 1973 constitution.16 On 26 January 2000, thirteen judges, including Chief Justice Saiduzzaman Siddiqui and four other Supreme Court justices, were removed for refusing to do so. The reconstituted Supreme Court was composed of judges who willingly accepted the military’s directions. They included Iftikhar Muhammad Chaudhry, who was elevated to the Court in January 2000 and appointed chief justice by Musharraf in 2005. The judges took their oath of office under the PCO 1999, which omits the reference to their duty to “protect, uphold and defend” the 1973 constitution. On 21 May 2000, this bench upheld the legality of Musharraf’s coup under the doctrine of state necessity. The Supreme Court also authorised the army chief to amend the constitution, albeit within the bounds of its federal, democratic and parliamentary character. The Court also concluded that those judges who had been sacked following the PCO oath had lost any right to challenge their removal due to the passage of time. By placing personal survival over the rule of law and constitutionalism, these judges allowed another dicta tor to implement sweeping changes that expanded the military’s political powers and hold over the state. REFERENCE: Reforming the Judiciary in Pakistan Asia Report N°160 16 October 2008 http://www.crisisgroup.org/home/index.cfm?id=5728&l=1

Like Zia’s Eighth Amendment, Musharraf’s Seventeenth Amendment, passed by a rubber-stamp parliament in December 2003, enshrined all executive orders and changes made under military rule.21 The Seventeenth Amendment gave the president, the titular head of state, the power to dismiss elected governments and parliament and also transferred from the prime minister, the head of government, key appointment powers to the president including appointments of governors, the three service chiefs and the chief justice of the Supreme Court. Musharraf’s constitutional distortions weakened civilian institutions. By sidelining secular democratic forces, the military government also enabled right-wing religious parties to fill the vacuum. In dismissing legal challenges to Seventeenth Amendment, the Supreme Court shirked its responsibility to protect constitutional rule. REFERENCE: Reforming the Judiciary in Pakistan Asia Report N°160 16 October 2008 http://www.crisisgroup.org/home/index.cfm?id=5728&l=1

"UNQUOTE"

State of Affairs of Labour Laws in Pakistan, Chief Justice and Violation of International Labour Laws

No forum left to agitate service matters By Mahmood Zaman

January 16, 2007 Tuesday Zilhaj 25, 1427

LAHORE, Jan 15: All the federal and provincial employees, both officers and subordinate staff across the country, working in government departments and corporations established under an act of parliament, have been left with no judicial forum to agitate their grievances in service matters.

Amendments made to different labour laws and judicial bodies since 1997 have virtually banned trade union activities and substantially curtailed the jurisdiction of labour courts, provincial labour appellate tribunals, National Industrial Relations Commission (NIRC) and other such forums.

As a result, private and public employees and workmen have been left with almost no remedy in case of dispute with the management. Similarly, the changes in laws have hit trade union activities.

They were barred from approaching the Federal Service Tribunal after the Service Tribunal Act of 1973 was amended on June 10, 1997, to insert sections 2(a) and 2-A to define a civil servant afresh. The new law enunciated that service under an authority, corporation, body or organisation established by a federal law or owned or controlled by the federal government or in which the federal government has interests, is declared as service of Pakistan and those holding posts in such departments shall be civil servants.

However, the Industrial Relations Ordinance (IRO), 2002, ordained that the employees in federal and provincial service shall not be entitled to agitate labour courts to get their service disputes settled. The new IRO also removed the employees of the Pakistan Railways, Wapda and other public corporations from the labour courts judicial review.

As a result, the employees working with statutory federal and provincial departments and corporations are no more entitled to move the Federal Service Tribunal and labour courts.

The situation has also been clarified by superior courts which have held that only the employees of offices established under the constitution are civil servants and they alone are entitled to constitutional protection. Such offices include the president’s and the prime minister’s secretariats, establishments working under provincial governors and chief ministers and the Supreme Court and high courts.

Such a decision was given by a Supreme Court bench, comprising then Chief Justice A R Cornelius and Justice Hamoodur Rehman, on March 31, 1964, in a petition for leave to appeal filed by a PIA employee against the decision of the Sindh High Court which refused to entertain his writ petition against his removal from his office. The judgment (reported in 1971 SCMR 568) said that the writ petition was not maintainable because the petitioner was an employee of a corporation which was a statutory body and did not enjoy the protection of the constitution (of 1956). The apex court did not grant the petitioner leave to appeal with the observation that the petitioner was not a member of a central or provincial All-Pakistan Service which alone was the public service.

Hundreds, if not thousands, of these employees moved the provincial high courts throughout the country in writ petitions against the orders of the labour courts which rejected their petitions on the ground that the IRO 2002 did not entitle them to agitate their disputes with those courts. The high courts have also raised the question of the writ petitions in the light of the Supreme Court observations in the decision announced in March 1964. The high courts have during the proceedings held that they are not entitled to agitate their grievances through writ petitions as they do not enjoy the constitutional protection.

LABOUR LAWS: The industrial workers and officers enjoyed legislative and judicial protection under the laws enacted in 1973, the year which saw a number of pro-labour laws being enacted. All government officers were entitled to move the Federal Service Tribunal without discrimination and the subordinate staff was provided with the right to agitate their disputes with labour courts.

The legal cover to the workforce continued till 1980 when the WAPDA Act of 1958 was amended to insert section 17-A which provided that Wapda employees, including workmen, were permitted only to move the Federal Service Tribunal and they had no entitlement to approach labour courts.

In 1993, the Pakistan Railways Act was amended to declare that the open-line network and infrastructure ancillary to the PR track across the country was a Ministry of Defence service where trade union activity could not be allowed.

The new legislation thus excluded the two major employers from the judicial review to a great degree.

Come 1997 and the government amended the Civil Servants Act of 1973 to insert section 2-1(a) and 2-1(b) to redefine the civil servant who “is a member of the All-Pakistan Service or of a civil service of the federation or who holds a civil post in connection with the affairs of the federation...”. They excluded deputationists, work-charge and contractual employees and those who were workmen. Lastly, a new IRO was enforced in 2002 which incorporated all the changes in the laws. The IRO also debarred all the employees of departments and corporations, established under an act of parliament, from the jurisdiction of the labour courts. As a result, the employees of the departments, other than those established under the 1973 Constitution, now had no judicial forum to agitate their disputes.

The legal position was explained by the Supreme Court through a judgment in January 2006 in as many as 600 appeals filed by the officers and employees of the Pakistan Railways, Wapda and other public corporations against a decision of the Federal Service Tribunal which rejected their petitions for rights and privileges enjoyed by ‘civil servants’.

A nine-member full bench of the apex court, headed by Chief Justice Iftikhar Mohammad Chaudhry, held that the appellants were not civil servants as defined in section 2-1(b) of the Civil Servants Act, 1973, and thus had no remedy available before the Federal Service Tribunal.

As for the alternative remedy, the apex court said that the cases decided finally by the SC would not be re-opened and review petitions would be heard independently. All other appeals, the judgment said, shall stand abated.

CIVIL COURT: As for the alternative remedy, the only opportunity available to them is the civil court under the doctrine of master and servant, as held by the Supreme Court in an appeal by a Wapda employee decided in 1991 and reported in 1993 SCMR 346 by a SC bench headed by Justice Ajmal Mian. The judgment said when a statutory corporation did not frame service rules and enjoyed the discretion of being the sole arbitrator in regulating service terms and conditions, no suit or writ petition would be competent. In such a case, the Supreme Court held, the remedy available to the employee is under the doctrine of ‘master and servant’ in suit for damages (before a civil court). As a consequence, the employees are left with the only remedy of moving a civil court in a suit of damages.

REACTION: All-Pakistan Workers Confederation secretary-general Khursheed Ahmad said that denying the right for redressal of grievances was unconstitutional.

Talking to Dawn on Monday, Ahmad said that door of all the judicial forums now stood closed on hundreds of thousands of employees of public sector corporations through successive changes in different laws which was a gross injustice. Such a situation was frustrating where social security institutions stood weakened and the government was also not giving unemployment allowance to the jobless.

Ahmad, who heads a united front of eight nationwide trade union federations, said employees in public and private sectors had virtually been left on the the mercy of managements.

The PWC secretary-general also mentioned the President (Special Powers for Removal from Service) Ordinance, 2000, saying it was a repressive law which empowered the federal government to remove any employee from service without serving him or her a show-cause notice and giving him an opportunity of defence.

SOURCE: DAILY DAWN PAKISTAN.

URL: http://www.dawn.com/2007/01/16/nat38.htm

Sunday, June 21, 2009

Noam Chomsky on U.S. Policy Towards Iran by Paul Jay



NOAM CHOMSKY, PROFESSOR OF LINGUISTICS, MIT

http://www.chomsky.info/bios.htm



Noam Chomsky on U.S. Policy Towards Iran - Noam Chomsky interviewed by Paul Jay The Real News Network, November 19, 2007


PAUL JAY, SENIOR EDITOR: ElBaradei, is the head of the International Atomic Energy Agency, stated quite definitively there is no evidence of a nuclear weapons program in Iran. The recent resolution—the Kyle-Lieberman amendment—and the recent U.S. sanctions against Iran, which one of the charges is that Iran has been helping what they call insurgents in Iraq. There's practically no evidence of that either. Based on what we know as evidence, there's not a lot of reasons for U.S. policy to be as aggressive right now towards Iran as it is, certainly not for the stated reason. What really does motivate U.S. policy towards Iran?

NOAM CHOMSKY, PROFESSOR OF LINGUISTICS, MIT: Well, if I can make a comment about the stated reasons, the very fact that we're discussing them tells us a lot about the sort of intellectual culture and moral culture in the United States. I mean, suppose it was true that Iran is helping insurgents in Iraq. I mean, wasn’t the United States helping insurgents when the Russians invaded Afghanistan? Did we think there was anything wrong with that? I mean, Iraq's a country that was invaded and is under military occupation. You can't have a serious discussion about whether someone else is interfering in it. The basic assumption underlying the discussion is that we own the world. So if we invade and occupy another country, then it's a criminal act for anyone to interfere with it. What about the nuclear weapons? I mean, are there countries with nuclear weapons in the region? Israel has a couple of hundred nuclear weapons. The United States gives more support to it than any other country in the world. The Bush administration is trying very hard to push through an agreement that not only authorizes India's illegal acquisition of nuclear weapons but assists it. That's what the U.S.-Indo Nuclear Pact is about. And, furthermore, there happens to be an obligation of the states in the Security Council and elsewhere to move towards establishing a nuclear weapons-free zone in the region. Now that would include Iran and Israel and any U.S. forces deployed there. That's part of Resolution 687. Now to your question. The real reasons for the attack on Iran, the sanctions, and so on go back into history. I mean, we like to forget the history; Iranians don't. In 1953, the United States and Britain overthrew the parliamentary government and installed a brutal dictator, the Shah, who ruled until 1979 [For Details read posts: Sunday, May 24, 2009 Hillary Clinton, Madeleine Albright and CIA Operation Ajax in Iran http://chagataikhan.blogspot.com/2009/05/hillary-clinton-madeleine-albright-and.html - Monday, June 1, 2009 The Iran Plans by Seymour M. Hersh http://chagataikhan.blogspot.com/2009/06/iran-plans-by-seymour-m-hersh.html
- Monday, June 1, 2009 The Coming Wars by Seymour M. Hersh - What the Pentagon can now do in secret - http://chagataikhan.blogspot.com/2009/06/coming-wars-by-seymour-m-hersh.html . And during his rule, incidentally, the United States was strongly supporting the same programs they're objecting to today. In 1979, the population overthrew the dictator, and since then the United States has been essentially torturing Iran. First it tried a military coup. Then it supported Saddam Hussein during Iraq's invasion of Iran, which killed hundreds of thousands of people. Then, after that was over, the United States started imposing harsh sanctions on Iran. And now it's escalating that. The point is: Iran is out of control. You know, it's supposed to be a U.S.-client state, as it was under the Shah, and it's refusing to play that role.

JAY: The sanctions that were just issued recently [are] the beginnings of a kind of act of war, this ratcheting up of the rhetoric right at a time when the IAEA is saying, in fact, Iran's cooperating in the process. But it's all coming down to this question of does Iran even have its right to enrich uranium for civilian nuclear, which in fact it has, under the non-proliferation treaty. But Bush in his last press conference, where he had his famous World War III warning, has said even the knowledge of having nuclear weapons we won't permit, never mind a civilian program. This puts U.S. policy on a collision course with the IAEA, with international law.

CHOMSKY: Just a couple of years ago, from 2004 through 2006, Iran did agree to suspend all uranium enrichment, halt even what everyone agrees they're legally entitled to. That was an agreement with the European Union. They agreed to suspend all uranium enrichment. And in return, the European Union was to provide what were called full guarantees on security issues—that means getting the United States to call off its threats to attack and destroy Iran. Well, the European Union didn't live up to its obligation, [as] they couldn't get the U.S. to stop it. So the Iranians then also pulled out and began to return to uranium enrichment. The way that's described here is-- the Iranians broke the agreement.

JAY: The experts are saying, including ElBaradei and others, that if you can enrich uranium to something just under 5%, which is apparently what's needed for civilian purposes, you're most of the way there towards the technology of having a bomb, that once you have that enrichment technology, you're not that much further towards a bomb.

CHOMSKY: Yeah, but that's true of every developed country in the world. Why pick out Iran? It's true of Japan, it's true of Brazil, it's true of Egypt. And in fact, one could say—here I tend to agree with the Bush administration. In the non-proliferation treaty, there's an article, Article 4, which says that countries signing the NPT are allowed to develop nuclear energy. Well, okay, that made some sense in 1970, but by now technology has developed enough so that it has reached the point that you describe. When you've developed nuclear energy, you're not that far from nuclear weapons. So, yeah, I think something should be done about that. But that has nothing special to do with Iran. In fact, it's a much more serious problem for those nuclear weapons states who are obligated under that same treaty to make good faith efforts to eliminate nuclear weapons altogether. And, in fact, there are some solutions to that. ElBaradei had proposed a couple of years ago that no states should develop weapons-grade materials: all high enrichment should be done by an international agency, maybe the IAEA or something else, and then countries should apply to it. If they want enriched uranium for nuclear energy, the international agency should determine whether they're doing it for peaceful means. As far as I'm aware, there's only one country that formally agreed to ElBaradei's proposal. That was Iran. And there's more. I mean, there's an international treaty, called the Fissban, to ban production of fissile materials except under international control. The United States has been strongly opposed to that, to a verifiable treaty. Nevertheless, it did come to the General Assembly, the U.N. Disarmament Commission in the General Assembly, which overwhelmingly voted in favour of it. The disarmament commission vote was, I think, 147 to 1, the United States being the 1. Unless a verifiable fissile materials treaty is passed and implemented, the world very well may move towards nuclear disaster.

JAY: Do you think we're actually moving towards a military confrontation? Or are we seeing a game of brinksmanship?

CHOMSKY: Well, whether purposely or not, yes, we're moving towards a military confrontation.

PAUL JAY, SENIOR EDITOR: The vote over the Kyle-Lieberman amendment, the Senate resolution to declare the Iranian Revolutionary Guard a terrorist organization, essentially was followed up on by the administration when they did declare the Revolutionary Guard a terrorist organization and issued sanctions against three major Iranian banks. The reaction in the Democratic Party was interesting, Senator Clinton being the only presidential candidate in the Senate that voted for the resolution. All the other candidates both in and out of the Senate opposed it—quite a significant split, I would say, with Joe Biden and Senator Webb, who were very, very vocal, vocally against the resolution. What do you make of what this next Democratic, well, I should say, between now and the election, the leadership of the Democratic Party? And if we are looking at Senator Clinton as the next president, which if all things remain the same we probably are, what do you make of the Democratic Party and Iran?

NOAM CHOMSKY, PROFESSOR OF LINGUISTICS, MIT: The Democratic Party is somewhere in between the administration and overwhelming world opinion. I mean, the world is just appalled at the thought that the United States might invade Iran, attack Iran. Now, even in the region, you know, where the countries don't like Iran at all—Turkey, Saudi Arabia, and Pakistan hostile to Iran in many ways—but, nevertheless, the population in the region, which has been polled, prefers Iran to have nuclear weapons than to having any war, even though they definitely don't want Iran to have nuclear weapons. When you go beyond, opposition is simply overwhelming. In fact, you can't find any corner of the world, I think, outside of Israel where there's any support for the U.S. policies. In fact, the American population is overwhelmingly opposed. About 75% of the population—at least a few months ago, before the huge propaganda offensive—75% of the population was against any threats against Iran. So the Democratic Party is sort of hovering in between almost universal world opposition to even the threats of war.

JAY: There seems to be a division amongst at least the leadership of the Democratic Party on this question. Webb, Biden on one side and some others, certainly, you know, Edwards, Obama, Kucinich, Gravel. But in terms of leadership there seems to be a serious split with Senator Clinton signing on to this resolution.

CHOMSKY: There's a split between Gravel, Kucinich, and others like them and the rest of the Democratic Party, and then there's a split between them and the extreme hawks like Lieberman. But the question is one of degree. I mean, every viable candidate—I'm not talking about Gravel and Kucinich or Ron Paul—every viable candidate has said we have to keep the options open, meaning they are continuing the threats of military action against Iran. I don't know if anybody cares, but there is something called the U.N. Charter, which is a valid treaty that we're committed to which bars the threat or use of force. So they're all in violation of the Charter and they don't seem to care. The media don't seem to care. I mean, the media and the political class are isolated from both world opinion and even domestic opinion. And, yes, there are some variations within the Democratic Party over this as to how extreme they are. But its, all, almost all of it is just kind of like off the wall from an international point of view, except for people like Gravel and Kucinich.

Source: CHOMSKY.INFO/The Real News Network, November 19, 2007

URL: http://www.chomsky.info/interviews/20071119.htm