China draft bill defines terrorism amid 'real threat'
China says it faces a terrorist threat in Xinjiang, but critics say its own policies are part of the problem
China is considering new legislation to define terrorism more precisely, in the face of what an official described as a "real threat".
State news agency Xinhua said the draft bill could pave the way for a renewed campaign against terrorist groups and allow their assets to be frozen.
China says it faces an organised terrorist threat from radical Muslims in the far western region of Xinjiang.
Many suspects have been tried under vague laws protecting social order.
Proponents of the new draft bill say it should make it easier to bring terrorism charges.
But critics say it is the Chinese government's economic policies and restrictions on cultural and religious expression which are fostering anger among Xinjiang locals, reports the BBC's Martin Patience in Beijing.
'Public fear'
According to Xinhua, China's criminal law permits jail terms of up to 10 years for those found to have organised, led or actively participated in terrorist organisations.
But the law contains no specific definitions of what constitutes a terrorist, a terrorist act or organisation, it quoted the Vice Minister of Public Security, Yang Huanning, as saying.
This adversely affects "the fight against terrorism, control over terrorist assets, and international anti-terrorism co-operation", it quoted him as saying.
So a draft bill has been submitted by the state council, China's cabinet, for approval by the country's top legislature, the National People's Congress, supplying specific definitions.
"In the draft bill, terrorist acts are defined as those acts which are intended to induce public fear or to coerce state organs or international organisations by means of violence, sabotage, threats or other tactics," Xinhua said.
"These acts cause or aim to cause severe harm to society by causing casualties, bringing about major economic losses, damaging public facilities or disturbing social order.
"Instigating, funding or assisting with other means are also terrorist acts, according to the draft bill," Xinhua reported.
"China is faced with the real threat of terrorist activities, and the struggle with terrorism is long-term, complicated and acute," Mr Yang was quoted as saying.
BBC News - China draft bill defines terrorism amid 'real threat'
Reforms in Fata
Afrasiab Khattak
THE extension of the Political Parties Act to the Federally Administered Tribal Areas (Fata) is a development of historical proportions.
The political agency system started shaping up in the 1870s when the British occupied some Afghan territories and lumped them with British India.
Colonial authorities chose their finest military and civil officers to craft an administrative system that could cater to their interests in an area considered a ‘frontier’ of the empire with czarist Russia. Fata was first and foremost to be an additional buffer behind the buffer state of Afghanistan. So it was important to vigilantly guard it against political movements and influences.
The whole design of Fata was aimed at keeping the area as a political ‘non-conductor’ like a piece of dry wood that is not a conductor of electricity. One has to accept the fact that this colonial design succeeded to a great extent. Fata became more of a ‘strategic space’ than an area inhabited by people who could aspire to fundamental rights.
Fata proved itself effectively as a buffer zone by blocking the impact of social and cultural reforms introduced in Afghanistan by the modernist king Amanullah Khan and preventing these from entering eastern Pakhtun society. Similarly, Bacha Khan’s political movement remained confined to eastern Pakhtuns and could not penetrate Afghanistan.
Unfortunately, Fata could not be decolonised even after the departure of the British as the pro-West rulers of Pakistan decided to maintain the status quo. History vindicated the wisdom of the colonial strategies as politically dormant Fata was used for launching attacks against the Soviet forces in Afghanistan in the West’s war against the erstwhile Soviet Union. National andinternational terrorist groups have turned Fata into a no-go area and a black hole. The people of Fata are the worst victims of terrorists. Their tragedy is largely unregistered and unrecorded.
Political parties have had a de facto presence in Fata since the 1970s. Some groups were even able to get their nominees elected to the National Assembly and the Senate. But they could not contest elections as representatives of Pakistan’s political parties and were considered to be ‘independent-candidates’. Now after the extension of the Political Parties Act to Fata, political organisations are legally within their rights to hold political activities in the area.
A meeting was convened by the governor of Khyber Pakhtunkhwa, Barrister Masood Kausar, to discuss a proposed code of conduct for political parties in Fata on Oct 14, 2011. Representatives of 10 political parties took part in the brainstorming session. It was pointed out during the discussion that conducting political activities involves the implementation of fundamental rights like the right to association, the right to freedom of expression, the right to vote and the right to access to information.
The aforementioned fundamental rights enshrined in the constitution of Pakistan are justifiable through higher judiciaries of the country. Since Fata is out of the jurisdiction of the higher judiciary, who will ensure the implementation of fundamental rights there? The governor of Khyber Pakhtunkhwa assured participants at the meeting that his administration would leave no stone unturned to implement the people’s fundamental rights.
Political parties resolved that they would not allow armed people to join their public meetings and that they would refrain from indulging in hate speeches. The governor assured the participants that the political administration would also entertain the pleas of local political leaders for the resolution of day-to-day problems faced by the people. He asked all the political parties to introduce two representatives each in every political agency as their focal persons for coordination with the administration.
Initially, some religious parties will have the upper hand in terms of organising political activities as they are less likely to attract terrorist attacks (the Jamaat-i-Islami has already held a few public meetings). But in the long term, matters are expected to change completely as there is a lot of reaction in Fata against the brutal suppression of the local population by the extremists. Since some of the religious parties are closely identified with extremist militants, the Fata population holds them responsible for their agonies.
Apart form political parties, other elements present in civil society also need to be strengthened in Fata. Media networks and press clubs have mushroomed in Fata on an unprecedented scale but a number of Fata journalists have also been murdered or kidnapped. The state should be pro-active in providing security to journalists. A free media will play a very important role in the transformation of Fata into a modern society.
It goes without saying that socioeconomic and political development is possible only if the government is able to cleanse Fata of terrorism and reconcile the alienated tribesmen. Similarly, one would hope that the government will not wait for another 64 years to usher in the next instalment of reform to properly integrate Fata with the Pakistan state system.
The writer is a member of the Pakistan Senate Courtesy Dawn
Reforms in Fata | Articals | South Asian News Agency
World Bank accused of dithering over Bhasha dam
ISLAMABAD(SANA) With the United States seeking a gradual increase in the water tariff to recover the full cost of its delivery both for irrigation and urban uses as part of its proposed financing for the $12 billion Diamer-Bhasha dam, the World Bank has come under severe criticism from international development lenders for not funding this ‘highest priority project’.
Informed sources told on Monday that the forthcoming strategic dialogue between the United States and Pakistan ahead of a fresh round of discussions of the water sector task force (WSTF) of the so-called Friends of Democratic Pakistan (FoDP) would focus on Islamabad’s precise plans for water sector reforms and the World Bank’s lack of interest in the Diamer-Bhasha dam project. The two events are expected early next month.
The dam has been described by both Islamabad and Washington as the highest priority project. The two sides generally agree that the project with 7 million acre feet water storage and 4,500MW power generation capacity required support from external partners – both public and private – and hence the support of the FoDP member countries was critical.
The FoDP support is likely to lead to direct bilateral financing by member states and also help Pakistan obtain financing from multilateral institutions, including the Asian Development Bank (ADB) and the World Bank.
While the ADB has made initial commitments to extend between $2-4 billion for the project, the unwillingness of the World Bank has worried many bilateral lenders given the fact that the World Bank’s Operational Policy on disputed territories (OP 7.60) does not require a ‘no objection certificate’ from other party – India in this case as the dam site is in Gilgit-Baltistan.
According to some bilateral lenders, the operational policy of the WB required that in a case like Bhasha dam either Pakistan or the World Bank should ask the government of India to say in writing if it has any objection to the project on the grounds that such a project would prejudice the outcome of the territorial dispute.
If India raises objections in writing, the World Bank management should consider them and make an assessment about the merit of such objections. In proceeding with such projects, the World Bank documents state that it does not intend to make any judgment on the legal or other status of territories concerned or to prejudice the final determination of the parties’ claims.
On the other hand, it is generally believed that India has informally communicated its objection to Bhasha dam to the World Bank and for this reason the bank has not engaged itself in the project. Friendly lenders believe that if that is the case then the “bank management has not followed its operational policy on disputed territories”, an issue that needs to be addressed by US and other leading nations.
Interestingly, the World Bank helped India and Pakistan to sign a landmark Indus Waters Treaty in 1960 as part of the Indus Basin Development Plan which required Pakistan to build new major dams every 10 years but none has been built in 50 years.
The World Bank stance has also been found at fault in view of the fact that the 1960 treaty gives Pakistan the right to projects concerning waters of the Indus River. It may be mentioned that India helped finance the construction of the Mangla dam as part of ‘replacement works’ although the dam is located in disputed territory – Azad Kashmir.
Also, India has constructed and continues to construct a large number of dams in the disputed territory of Jammu and Kashmir and has not sought, nor received, non-objections from Pakistan. In fact, India has formally urged Pakistan to build storage dams on the Indus.
Informed sources said the US was supportive of the project, along with project financing, because of the fact that the dam would have enormous benefits – from energy, food and irrigation security to poverty reduction and environmental contribution and flood protection. It agrees that the Colorado and Murry Darling could store 1000 days of average river flows whereas Pakistan’s Indus project that can store only 30 days of flows and the Three Gorges Dam in China reduces the peak of the 50-year flood by 40 per cent against Tarbela’s negligible flood impact.
But before making any formal financial commitment, the US wants Pakistan to commit prioritising investments in on-farm water management in provinces and institutionalise full cost recovery of water distribution for better service delivery through fresh contracts with consumers – provinces, municipalities, farmer associations – for gradual increase of tariffs to sustain maintenance of water infrastructure. Khaleeq Kiani , Dawn
World Bank accused of dithering over Bhasha dam | South Asia | South Asian News Agency
Pakistan took security data from Indian chopper: Indian media
South Asian News Agency (SANA) ⋅ October 25, 2011
NEW DELHI(SANA) The Pakistan army allegedly breached Indian security and downloaded all the digital data from the Indian army helicopter that strayed into Skardu on Sunday, stated a report published in The Hindustan Times.
The report claimed that the data includes the GPS coordinates and location of all Indian helipads in the Siachen and Kargil areas.
“We are treating the incident with utmost concern as coordinates of all helipads in the 14 Corps including Siachen Glacier and LAC are now with Pakistan army with code signs and nicknames,” a senior official told The Hindustan Times.
Citing top government sources, the report claims that a high level probe has been ordered into the incident, and the Indian crew is being questioned about the airspace violation.
Pakistan released an Indian army helicopter just hours after it strayed across the tense border between the two countries on Sunday, officials said, underscoring a desire by the old rivals to avoid any crisis as they try to improve ties.
The Pakistani military had forced the Indian helicopter to land and detained four Indian army officials after it intruded into its territory in Olding sector in northern Skardu region near the border in the disputed Himalayan region of Kashmir.
But it was released after senior military officials from both sides spoke on a hotline.
Correction: An earlier version of this post incorrectly stated that the Indian helicopter crashed into Pakistani territory.
Pakistan took security data from Indian chopper: Indian media | South Asia | South Asian News Agency
Pakistan set to ease Afghanistan transit trade
ISLAMABAD(SANA The Federal Board of Revenue (FBR) is expected to abolish the condition of ‘Jawaznama’ for Afghan importers, and reduce the number of copies of goods declaration (GD) from nine to six to be submitted by the Afghan businessmen for clearance.
The Federal Board of Revenue (FBR) is expected to abolish the condition of ‘Jawaznama’ for Afghan importers, and reduce the number of copies of goods declaration (GD) from nine to six to be submitted by the Afghan businessmen for clearance as far as transit trade consignments are concerned under the Afghanistan Pakistan Transit Trade Agreement (APTTA).
Sources told Business Recorder here on Monday that Pakistan may also take away the condition of printing ‘IN TRANSIT TO AFGHANISTAN’ on all packages of transit consignments for the genuine importers under the APTTA.
The FBR has also agreed to incorporate a provision in the relevant rules to allow transportation of perishable goods in transit (like fruits and vegetables etc) in open trucks.
The FBR has accepted proposals of Afghan customs authorities and importers to introduce comprehensive amendments in the Afghan Transit Trade Rules, 2011.
The Afghan side pointed out that nine copies of the GD are excessive and should be reduced to a reasonable number.
The FBR has agreed to reduce the number of copies of GD to six and promised to revisit the issue once Electronic Data Interface (EDI) is established between the two countries.
The Afghan side asked not to require ‘Jawaznama’ and authorisation from the Afghan traders, and undertaking from the concerned customs agent, as the same are not required under the agreement.
It was agreed that the Afghan customs would update the FBR on the official position for the requirement of ‘Jawaznama’ in their country to enable FBR to make necessary changes accordingly in the rules, if required.
Under the Afghan Transit Trade Rules 2011, the transport operator or the customs agent shall file the goods declaration accompanied by importability documents including valid ‘jawaznama’ for Afghan Transit Trade (ATT) commercial goods in original (import permit) attested or verified by the respective Afghan Consulate.
This condition of ‘Jawaznama’ for Afghan importers is expected to be abolished under the Afghan Transit Trade Rules 2011.
It was pointed out by the Afghan side that the definition of ‘Customs Security’ should be separated for goods and vehicles.
Responding to this, the FBR has agreed to bring the definition of ‘Customs Security’ in the rules in line with that given in Protocol 3 of the agreement.
According to sources, the Afghan side raised the issue of onward submission of duplicate copy of GD by the office en route to the office of destination at Afghanistan and stated that as transit terminates on the entry to Afghanistan and GD is filed at Border Crossing Point, therefore, as per the understanding of Afghan side of the agreement border check posts (BCPs) are office of destination.
The Pakistan side referred to the relevant Protocol of the APTTA in this regard.
In three of the agreement, three separate Customs offices ie Office of departure, Office en route and Office of destination, are mentioned and that according to Pakistan side the office of destination is where the GD is filed and duty/taxes are paid and that the Office en route and Office of destination can be the same or can be separate, depending on destination of the consignment.
It was decided that FBR would examine the issue in detail and inform the Afghan side before the next Afghanistan Pakistan Transit Trade Co-ordination Authority (APTTCA) meeting.
Sources said that the Pakistan side highlighted the issue of non-verification of lists containing details of the duplicate and quadruplicate copies of the GD by the Afghan Customs at Torkhum.
The Afghan side promised to advise the local office to sort out the problem and co-ordinate with Pakistan Customs.
Sources stated that the issue of valuation was raised by the Afghan side and it was stated that correct values are not being applied on Afghan transit imports and discrimination is being exercised in this regard.
It was agreed that the value of goods in transit shall be ascertained at par with goods imported into Pakistan.
The Afghan side objected to the provision of 100 percent scanning of transit containers at office of departure and office en route.
The Pakistan side said that at present the provision of scanning is suspended and further course of action in this regard would depend on the installation/availability of scanners at the respective places.
It was agreed that all transit containers will be scanned, on availability of scanners, at the office of departure and that at the office en route scanning would be done on the basis of risk management.
The Afghan side pointed out that the existing provision of examination of 5 percent of the consignments is not in line with the APTTA.
It was agreed to re-phrase the rules in accordance with the agreement by mentioning examination of up to 5 percent of the containers.
The FBR also assured to ensure strict compliance of the examination related provisions of the Agreement.
The difficulties in complying with the requirement of marks and numbers ‘IN TRANSIT TO AFGHANISTAN’ on all packages of transit consignments were highlighted by the Afghan side.
They also said that this requirement is not given in APTTA.
The Pakistani side stated that they would look into this to ameliorate the hardships faced in this regard by genuine importers.
It was stated that since banks in Afghanistan are not coming forward to provide bank guarantee to the transporters, the proposal of issuing undertaking by the respective governments, instead of bank guarantee, may be considered for the movement of transport units through their respective territories.
The option of bilateral carnet-de-passage was discussed and it was agreed that the same would be proposed for approval of APTTCA.
Sources said that the understanding of Afghan side regarding Article 18 of Protocol Three is that ‘Customs Security’ should be released on the filing of GD (T1) on the Afghan side.
The Pakistan side pointed out that the Customs Security is to be released in accordance with Article 18 of the Protocol Three of the agreement.
It was decided that FBR would examine the issue in detail and inform the Afghan side before the next meeting of the Afghanistan Pakistan Transit Trade Co-ordination Authority (APTTCA).
The Afghan side stated that there is no need for verification/registration of transit consignments at different customs check posts inside Pakistan.
After discussion it was decided that only the last customs check post en route shall be used for verification/registration.
It was also agreed that once the tracking system is put in place the issue would be revisited.
Sources said that the Afghan side stated that the existing provision be re-visited and be made compliant with APTTA.
The agreement allows the Afghan empty trucks to enter Pakistan and to carry any goods from Pakistan for Afghanistan.
The FBR is of the opinion that the agreement is silent about the position and feels that the permission is currently being denied by default.
It was agreed to put up the Afghan position jointly before Afghanistan Pakistan Transit Trade Co-ordination Authority (APTTCA).
The Afghan side stated that the provision of examination of transit goods/containers in the presence of the concerned Assistant or Deputy Collector should be done away with.
The FBR has agreed to amend the said provision by requiring the examination to be done by the concerned customs officer, sources added.
Pakistan set to ease Afghanistan transit trade | South Asia | South Asian News Agency
Iran offers Pakistan 10,000mw electricity
South Asian News Agency (SANA) ⋅ October 25, 2011
Tehran(SANA)At a time when Pakistan is facing resistance from the US in going ahead with the Iran-Pakistan gas pipeline project, Iran has proposed an electricity supply project which will provide 10,000 megawatts in the second year of its operation.
The quantity is more than the production of independent power producers in the country and almost half the country’s total production capacity.
Under an extensive package to resolve the energy crisis, Iran has also offered to build an oil pipeline and set up a refinery at Gwadar Port to provide oil on long-term deferred payment.
The country’s power production ranges between 5,000 megawatts and 14,800 megawatts against total installed capacity of 20,800MW. Internationally, 80 per cent power can be generated from the total installed capacity but Pakistan’s generation capability stands at 65 per cent due to inadequate upgrading of plants, poor maintenance and circular debt.
Under a plan submitted to the government, Iran will provide 1,000MW of electricity in the first year of the programme and increase it nine-fold to 10,000MW in the second year, sources said.
Iran made the offer during President Asif Ali Zardari’s visit to Tehran on July 15. During the tour, Interior Minister Rehman Malik and Petroleum Minister Dr Asim Hussain also accompanied the president.
Asim Hussain confirmed to The Express Tribune that Iran had made the offer for export of 10,000MW of electricity.
Iran exported 3,940 gigawatt hours of electricity to its neighbours in the first half of the Iranian calendar year, according to Iranian broadcaster IRIB.
Iran’s electricity network is integrated into power grids of seven neighbouring countries including Afghanistan, Pakistan, Iraq, Turkey, Armenia, Azerbaijan and Turkmenistan.
Feasibility study on 1,000MW project completed
Pakistan has already started work on another project costing $500 million, which will import 1,000MW from Iran.
An official of the Ministry of Water and Power said that the feasibility study on import of 1,000MW from Iran through Zahidan to Quetta had been completed. Iran has already started laying a transmission line at Pak-Iran border.
To expedite the process, Pakistan has offered the company laying the transmission line on the other side of the border to build it on this side as well to avoid delay caused by the bidding process, the official added.
Pakistan is currently importing 35MW of power from Iran to meet requirements of Gwadar while work on increasing it by 100MW is in process. The two sides signed an agreement on this project in 2007 which is expected to become operational next year.
Pakistan also has another project in the pipeline to import 1,000MW of electricity from Tajikistan. Feasibility report has been finalised on this project, while work is expected to be completed by 2016.
Moreover, India has also offered Pakistan to export electricity and a working group has been formed to undertake the assignment following commerce secretary-level talks held between the two countries in April.
Currently, independent power producers generate most of the electricity in the country by producing 7,600MW, followed by 5,000MW by Wapda and 2,000MW by power generation companies
Iran offers Pakistan 10,000mw electricity | South Asia | South Asian News Agency