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Cyber-Crime Bill: ‘Angels’ play the Devil’s Advocate to defend Civil Liberties

When young students can get up in front of an audience and argue in favour of a new law theyoppose, you know democracy and tolerance are at work. This was the beauty of a debate held on the new cyber-crime bill on Tuesday by people who want us to make informed decisions about the laws that govern us. We will present both sides and you decide if this law protects your rights or violates them, they said. The debate was organised by the Public Interest Law Association of Pakistan (Pilap), which was created in 2011 on the lines of the American Civil Liberties Union, whose biggest victory was desegregating America’s schools in Brown v. Board of Education in 1954. Pilap hopes to be able to not only identify issues but also create a mechanism for their resolution, explained its lawyer Summaiya Zaidi. For example, they have filed a petition to increase the budget for the judiciary to enhance the capacity of courts. Read: Voicing concern: Cyber crime bill continues to attract criticism The idea for a debate on the cyber-crime bill came from a young lawyer, Hassaan bin Shaheen, of the Debating Circuit, Karachi’s only debating union. Bin Shaheen, lawyer Yelmaz Mujtaba, IBA student Sarosh Hasan and LUMS student Humza Jami were arguing for the bill. Opposing it were IBA student Abdullah Qureshi Abdullah, law student Kazi Haseeb, McGill student Sabir Ikram and LUMS student Saif Shahid. The judges were Pilap president Saad Amanullah Khan, Madiha Latif of Bolo Bhi and Ahmed Karim of Cedar College. Arguing in favour of the bill, Mujtaba referred to the attack on the Army Public School. “Pakistan is in the middle of a civil war,” he said. “Terrorists use the cyber sphere and the power of the internet in order to perpetrate heinous crimes.” The only problem, argued Kazi Haseeb, is that the new bill strikes at a person’s right to criticise the government. “If we are in a state of war, isn’t it more important to criticise the [government and agencies]?” he asked. Saif Shahid added...

Cyber-Crime Bill: 'Angels' play the Devil’s Advocate to defend Civil Liberties

When young students can get up in front of an audience and argue in favour of a new law theyoppose, you know democracy and tolerance are at work. This was the beauty of a debate held on the new cyber-crime bill on Tuesday by people who want us to make informed decisions about the laws that govern us. We will present both sides and you decide if this law protects your rights or violates them, they said. The debate was organised by the Public Interest Law Association of Pakistan (Pilap), which was created in 2011 on the lines of the American Civil Liberties Union, whose biggest victory was desegregating America’s schools in Brown v. Board of Education in 1954. Pilap hopes to be able to not only identify issues but also create a mechanism for their resolution, explained its lawyer Summaiya Zaidi. For example, they have filed a petition to increase the budget for the judiciary to enhance the capacity of courts. Read: Voicing concern: Cyber crime bill continues to attract criticism The idea for a debate on the cyber-crime bill came from a young lawyer, Hassaan bin Shaheen, of the Debating Circuit, Karachi’s only debating union. Bin Shaheen, lawyer Yelmaz Mujtaba, IBA student Sarosh Hasan and LUMS student Humza Jami were arguing for the bill. Opposing it were IBA student Abdullah Qureshi Abdullah, law student Kazi Haseeb, McGill student Sabir Ikram and LUMS student Saif Shahid. The judges were Pilap president Saad Amanullah Khan, Madiha Latif of Bolo Bhi and Ahmed Karim of Cedar College. Arguing in favour of the bill, Mujtaba referred to the attack on the Army Public School. “Pakistan is in the middle of a civil war,” he said. “Terrorists use the cyber sphere and the power of the internet in order to perpetrate heinous crimes.” The only problem, argued Kazi Haseeb, is that the new bill strikes at a person’s right to criticise the government. “If we are in a state of war, isn’t it more important to criticise the [government and agencies]?” he asked. Saif Shahid added...

Performance Evaluation: K-P Assembly outshines Sindh, Punjab, Balochistan

Pakistan Tehreek-e-Insaf (PTI) led Khyber-Pakhtunkhwa (K-P) Assembly outperformed any other provincial assembly in the country during parliamentary year 2014-15, scoring 44 per cent for its overall performance on a Comparative Score Card compiled by Pakistan Institute of Legislative Development and Transparency (PILDAT). The report did not include performance of Gilgit-Baltistan assembly. The K-P assembly was closely followed by the provincial assemblies of Sindh and Punjab, who share second spot with a score of 42% each. Balochistan was the weakest, as it scored just 39%. \ In terms of number of government bills passed, Sindh outdid the other three provincial assemblies with 41 bills passed this year. Even so, this number was down by 14% from last year. K-P Assembly, however, showed the greatest improvement for year-on-year it government bills, passing 37 bills this year, compared to 28 in 2013-14, with an increase of 32%. Punjab Assembly too passed 37 government bills this year, but it only had a year-on-year improvement of around 19%. Meanwhile the Balochistan Assembly lagged far behind the other three assemblies as it passed just 16 government bills this year, 36% less than the previous year. It also scored the lowest on the legislative performance ladder, with the score of just 38%. The K-P Assembly took lead in the private members’ bills category, which stood at five for the 2014-15, followed by four in Sindh. Provincial assemblies of both Balochistan and Punjab failed to pass a single private members’ bill. According to the PILDAT scorecard, the K-P Assembly scored 45% on Legislative Capacity followed by Punjab and Sindh with scores of 44% and 43%, respectively. Balochistan was again last with a score of just 38%. With regards to the total number of actual sittings of the Provincial Assemblies for parliamentary year 2014-15, the K-P Assembly again took the lead with 133 sittings, followed by Sindh and Punjab with 63 and 62 sittings, respectively. The...

TTP and Media in Pakistan

Ever since its creation in December 2007, Pakistan’s most vicious terrorist group the Tehreek-e-Taliban Pakistan (TTP) has been at odds with the country’s mainstream media. At times coalescing and often intimidating, particularly against journalists whose parent companies would deny space for the TTP propaganda. Ironically, in the absence of stringent enforcement of regulations of the Pakistan Electronic Media Regulatory Authority (PEMRA), the terrorist outfit often got live media coverage on mainstream channels. But it would turn nasty, issuing immediate threats if blacked out by the head offices of state and private media houses. Increasingly under pressure because of the shrinking space in the mainstream media, the TTP even advertised “hit lists” comprising names of leading journalists and anchors who it said were anti-TTP. The TTP views Pakistani media with utter contempt and considers most of the TV news channels are biased and distorting the ‘message of Islam’. While on the other hand it considers itself as promoting and propagating Islamic values through its actions (and also of its affiliated groups). Pakistan is definitely the most dangerous place for journalists. Since 2002, fifty journalists[1] have been killed in Pakistan mostly by Al-Qaeda, Taliban and other terrorist groups active in Pakistan [2] The TTP followed it up with a Fatwa (religious edict) in January 2014. Issued by its Mujahedeen Ulema Council, the Fatwa was an obvious attempt to bully the media and make it toe the TTP directives.  The Council also tried to persuade journalists to follow the TTP path and give up ‘Kufar’ (anti-Islam/infidels). The Fatwa asks for stern action against journalists found involved in Marjaf, Muqatil and Sai-Bil-Fasad. According to the TTP spokesperson: “Murjif is someone who engages in propaganda against Muslims during a war between Islam and disbelief,……..Muqatil is someone who incites disbelievers and their allies to act against Muslims ....... while...

Success Lies in the Rule of Law

The recent demolition of an illegally constructed seminary in an Islamabad graveyard, on the orders of the Islamabad High Court (IHC), comes as a silver lining in the country’s charge against deviations from and violations of the law of the land. If the ruling elite allow the law to take its course, many issues can be settled. And one assumes that one strategic decision flowing from the National Action Plan is to strictly enforce the law. The IHC case perhaps, also underscores the superior judiciary’s ever-growing emphasis on upholding the rule of law as the fundamental prerequisite for fighting, checking and neutralising terrorism, extremism and crime. The case related to a seminary illegally constructed at the G-11/3 graveyard. Earlier this month, the court ordered the Capital Development Authority (CDA) to demolish the structure within a week. The CDA complied and razed it. This happened only because the top echelons of power refrained from intervention. And this explains that given political will, no man-made problem is insurmountable. The lawyers’ arguments and observations during this case offer an interesting study in the subtle shift within the judiciary in favour of the strict enforcement of the rule of law. While issuing directions for the demolition of the illegal structure, Justice Shaukat Aziz Siddiqui observed that “no religious seminary can be constructed in an illegal manner and without adopting a due procedure … Do you have the permission from the CDA or any competent authority to establish the madrassa?” Justice Siddiqui asked the counsel for the ‘illegal seminary’. The counsel for the seminary administrator instantly ducked under a lame excuse claiming that there are a number of madrassas in the capital running in a similar manner. But Justice Siddiqui promptly reminded him that it was against even the teachings of Islam to encroach upon another’s land. Quoting an example, former president of the IHC Mohsin Akhtar Kayani told a publication that...

‘Not a Perfect World’

EXPRESSING dissatisfaction over Pakistan’s latest ranking in the Corruption Perception Index, President Mamnoon Hussain told the National Accountability Bureau some time ago to “net the big fish involved in corruption”. He also called for “social boycott of corrupt elements”, and said that “primary responsibility for ensuring a culture of good governance lay with the civil administration”. Agreed, but do read the following, Mr President. Sometimes unexpected telephone calls or unanticipated interventions in your life make all the difference. For better or worse, you are tested. More so if you are in public service. That October night in 2009 was an unforgettable experience for me. I was woken up by the shrill tone of the ‘green’ phone on my bedside table at 2am. The voice on the other end was that of a polite and respectful operator. “Sir, sorry for the late call. The president wants to talk to you.” The president? I asked incredulously and requested the operator to wait till I had put the lights on and got my notebook. In fact, I wanted to be fully awake having slept late after a long flight from Singapore where, as DG FIA, I had won election as member of the Interpol executive committee to represent Asia. As the second Pakistani to be bestowed the honour of serving on the highest policymaking body of the global police organisation, I was still relishing this incredible victory for Pakistan. The first and only thought that came to my mind was that the interior minister must have informed the president after having returned a day earlier and spoken at the inaugural ministerial session in Singapore of the 78th General Assembly of the 198 member states of Interpol. When safeguards against corruption are weakened, a culture of sleaze becomes pervasive. With pride in my voice, I informed the operator that I was ready to talk to the president. After the ADC had checked my status, the head of state came on line. There were no greetings or formal courtesies: “DG sahib,...

Zarb-e-Azb, One Year On

A year ago this month, Pakistan launched a multi-pronged military operation in the embattled North Waziristan tribal region to flush out Al-Qaeda-linked local and foreign militants. In the course of this campaign, Pakistan Army lost 347 soldiers including several officers. At the same time, it claims to have taken out about 2,763 terrorists of all hues – Pakistani, Arabs, Afghans, Uzbeks and Chinese Uighurs.[1] The campaign has spread over some 6,000 square kms bordering Afghanistan, considered to be home to several Al-Qaeda-inspired terrorist outfits. Director General of the Inter-Services Public Relations (ISPR) Major General Asim Bajwa says that a string of big and small 9000 intelligence-based-operations (IBOs) resulted in the destruction of some 837 terrorist hideouts and the recovery of about 253 tons of explosives, which would have been good to prepare and plant five improvised explosive devices every day for 20 years.[2] As many as 18,087 weapons including heavy machine guns (HMGs), light machine guns (LMGs), sniper rifles, rocket launchers, and AK-47 rifles, were also recovered during the past one year. Reality vs Claims  Government claims of terrorist casualties and seizures of weapons and explosives notwithstanding, the Zarb-e-Azb campaign has certainly created space for the government and the military. Firstly, by stepping into regions which were considered as “no go areas” the army has not only managed to reclaim those areas but has also established the governmental writ there. Secondly, the operational activity resonated a decision at the strategic level i.e. the military and the government are not ready to tolerate any anti-state activity by non-state actors any more– regardless of who they are. Thirdly, the casualties among the armed forces, not only helped in restoring peoples’ trust in state institutions but it also reinforced the belief that the militants have to be taken head-on. Fourth, the operation finally got the civilian-military ownership...

CRSS completes first of three trainings under the Harnessing Future Leaders project

On Sunday, June 14, 2015, the Center for Research and Security Studies concluded its three-day training and capacity building exercise with selected youth of the Khyber Pukhtunkhwa (KP) province. The youth, selected from universities and colleges in the cities of Peshhawar, Charsadda and Nowshera, were pre-selected through recommendations of their educational institutions for displaying leadership qualities in need of grooming. Between June 12 and 14, 2015, 62 youths travelled to Peshawar to participate in the first round of training exercises. The first round comprised of three distinct topics, including "Leadership and Motivation", "Democracy, Governance and Accountability", and "Civic Engagement". Students underwent extensive training with renowned and well-established trainers in these respective fields, complete with group activities, internal competitions and dialogue. CRSS hopes that by training these youth in critical life skills and helping them perpetuate this knowledge forward, we can create a movement for tolerant, peaceful resolution of indigenous conflict, inculcate respect for diversity and rule of law, and sensitize youth to respect the opinions different from their own. This initiative subscribes to the larger philosophy of mitigating and eliminating conflict in the region through peaceful mechanisms. Former Information Minister for the KP Mian Iftikhar Hussain also addressed the youth during the closing ceremony of the training. He said that youth need to aspire to do bigger, better things, and in order to become the leaders of tomorrow, they must show patience, respect, plurality and inclusiveness today. The next round of trainings is slated for after the holy month of Ramazan, and will focus on topics such as "Rule of Law", "Conflict Prevention and Mitigation" and "Tolerance for Diversity". _____________________________________________________________________________ Business Recorder Story  

Encirclement of Pakistan: What awaits Pakistan under the Growing Indo-Afghan Relations?

Contributed by Ms. Sitwat Waqar, CRSS Research Fellow. Context For years, particularly since the unfolding of the anti-terror war in October 2001, apprehensions of encirclement by India and Afghanistan have been growing. For most of the time, Pakistan's security apparatus viewed the growing Indo-Afghan-American relations as an unusual “Pakistan-focused nexus” meant to “encircle” Pakistan. Much of Pakistan’s security doctrine has since aimed at preempting and neutralizing those threats emanating from its western and eastern borders. However, those apprehensions have assumed alarming levels in view of the recent string of intimidating statements from the Indian prime minister to the defense and foreign ministers as well as the national security advisor. These have not only evoked strong reaction from Pakistan’s military and the civilian leadership, but also alarmed external players such as the United States, which believes growing Indo-Pak tensions, will also play out in Afghanistan and undermine President Ashraf Ghani’s peace mission. Pakistan’s army and the government have responded furiously to the Indian statements and warned New Delhi to desist from what they said “adventurism,” thus pushing the two countries further away from the goal of resumption of dialogue that has remained stalled since India suspended foreign secretary talks last August. The assertive statements by the Indian defense minister Manohar Parikar and the national security advisor Ajit Doval in particular also practically blow the lid off the destabilization campaign that India may have been running inside Pakistan with the support of militant groups masquerading as Baloch nationalists and Taliban. Are some of the latest developments proving the fears of encirclement right? Events of the past few weeks certainly point to an unusual situation which might eventually translate into an armed conflict – even if limited - between the two nuclear-armed south Asian neighbors. Background Between 2004...

CRSS launches Harnessing Future Leaders

The Center for Research and Security Studies (CRSS) is set to kick-off a unique youth training program for talented young people with leadership abilities, drawn from educational institutions in three districts of KP. The objective of the intervention is to groom them and raise awareness among them on how to be better future leaders and harbingers of change. The project will build their knowledge, understanding and organizational capacity in issues that are pre-requisites of social peace and harmony, including peace building and tolerance of diversity, as well as rule of law, rights and responsibilities, conflict-prevention and mitigation through the provision of capacity-building trainings. Project objectives include: To provide knowledge and skills to the selected youth about fundamentals of democracy, civic participation and responsible citizenship, peace building, good governance and accountability, universal human rights, and rule of law. To make youth from target regions comprehend the significance of their participation in socio-politcal and economic life. To prepare and motivate selected youth from target regions to work as young ambassadors for messaging on respect for human rights, diveristy, tolerance, peaceful co-existence, democracy and social engagement in their institutions and communities. Encourage them to use social media tools for messaging and networking CRSS will provide a detailed after-activity report once the first round of training is complete.

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TESTIMONIALS

I am also a member of National Assembly’s Standing Committee on Information and Broadcasting. Recently, we held a meeting with the Director General of Radio Pakistan and we told them to initiate such local programs (like Constituency Hour) in regional languages to educate and inform people. Even Indian Radio can be heard in FATA which is being used for propaganda purposes and must be closed. Therefore, we should launch some standard and quality programs like CRSS that will change the taste of the listeners.

Soniya Shams

Shaheed Benazir Bhutto Women University, Peshawar