Archive for the ‘Law’ Category

Miseducating Pakistan

December 14, 2018

By Anjum Altaf

Education is a big-ticket item. Clarity is needed about its relationship to economic growth and development before betting the house on it. Otherwise a lot of resources would end up being misallocated.

It is in this context that I respond to Mr. Miftah Ismail’s diagnosis and prescription presented in his opinion in this newspaper (‘Educating Pakistan,’ December 5, 2018). Mr. Ismail begins by asking why any country is richer than another and answers with the assertion that “education is probably the most important factor in determining the wealth of nations.” From this follows the prescription that the path to richness is education.

I offer some cross-country evidence using literacy rates as a proxy for education and GDP per capita as a proxy for wealth — for each country the data that follows in parentheses shows percent of adult population that is literate and GDP per capita in US dollars adjusted for purchasing power parity. Consider the pair Uzbekistan (100; $6,856) and Mongolia (98; $13,000): the latter is almost twice as wealthy at about the same level of education. Now consider Pakistan (58; $5,527) and Bangladesh (73; $3,869): the former is actually wealthier at a lower level of education. Consider Myanmar (76; $6,139) which is one-and-a-half times wealthier than Bangladesh at almost the same level of education and comparable in wealth to Pakistan despite having a considerably higher level of education. For historical evidence consider the fact that in 1700 India had 25 percent of the world’s wealth with virtually no literacy. How did that happen if wealth is the outcome of education? This share dropped to 6 percent by 2015 despite increasing education for a host of unrelated reasons that cannot be ignored in drawing conclusions about the relationship between education and wealth. It is equally important to be aware that both in 1700 and 2015 wealth in India was not widely distributed but was concentrated in very few hands.

The bottom line is that there is no simple correlation between education and wealth and it is deceptive to derive such a conclusion by looking at education levels in developed countries like Japan while ignoring the many other factors that might have been more critical like, for example, the Meiji reforms of 1868. Nor is there a simple relationship between wealth and its distribution. Leaving aside the accidents of history, many, more crucial, factors can determine a country’s development path of which the policy framework is paramount. While it is true that China invested in education, its growth dynamic was triggered by the policy changes in 1979 while earlier, despite the education, it had suffered unimaginable catastrophes during the Great Leap Forward and the Cultural Revolution.

This last point highlights the damning inference that it is disingenuous to blame the lack of mass education for lack of development which is primarily due to misgovernance — keep in mind that all policy decisions are taken not by illiterate citizens but by the well-educated rulers. Just like the Great Leap Forward and the Cultural Revolution in China, the policies in Pakistan to promote fundamentalism and hostility towards neighbours are solely attributable to its well-educated ruling classes. While Chinese leaders learnt from their mistakes, Pakistan’s rulers remain enmeshed in their mindless jingoism and container thought. It is naive to hope that mere education can get them out of this mess of their own creation.

The greater irony is that the kind of education being promoted by Pakistan’s elite is exacerbating and not alleviating the problems of misdevelopment. Fundamentalism and intolerance are the more obvious outcomes of an education designed not to encourage creativity but to buttress a chimerical national identity rooted in fear and arrogance. One must remain cognizant of the difference between the quantity of education and its quality.

Deep down I believe Mr. Ismail is aware that there is no straight road from education to richness because the party to which he belongs did little for education during its tenure. Go over the list of heads of educational institutions appointed during that period and it would be obvious that improving education was not the motivation. Little was done to regulate private colleges that are nothing more than diploma mills turning out graduates without any prospects of employment. And higher education remained plagued by the virus of plagiarism in which the Executive Director appointed by the government to the watchdog institution, the Higher Education Commission, was himself complicit.

Mr. Ismail has made other debatable claims in his article. For example, he has asserted that “for some reason education is not very valued by our modern culture.” This is not consonant with the back-breaking sacrifices made by poor parents to put their children through school and simultaneously pay for supplemental tuition to compensate for the low quality of the latter. This, despite the fact that returns to education are very low in Pakistan where connections matter more than knowledge or merit.

Mr. Ismail also claimed, citing Aristotle, that “if parents do their jobs and raise their children well, in one generation all of society’s problems will go away. Every citizen would be educated, decent, kind and well mannered.” How one wishes this were true. What proportion of the set of educated people in positions of authority today are decent, kind and well-mannered? The educated who routinely slap low-paid public servants, mistreat maids, and use foul language in public discourse offer sufficient contrary evidence to challenge this claim.

Good and meaningful education is a basic human right which ought to be pursued for its own sake and not for any instrumental reasons. It is essential for individuals to live fulfilling lives to which they are entitled by virtue of being born. It is a grave failure of the state to have deprived the majority of good education for so many decades. It is adding insult to injury to attempt to pass the buck for this neglect and criminal misgovernance of the ruling class onto powerless people, an allegedly apathetic culture, and parental negligence. The first step towards a better future requires the state to own its responsibility for the welter of serious problems enmeshing the country of which lack of education is only one. The problem is not that people do not value education; it is the abuse of education for patronage, profits, and political ends. This abuse needs to end before the journey to development can begin.

An edited version of this opinion appeared in The News on December 9, 2018 and is reproduced here with the author’s permission.

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Another Plea to the Chief Justice of Pakistan

April 12, 2018

By Anjum Altaf

Once upon a time there was an amenity plot assigned as a playground to a school in a central part of Karachi. Then, one day, the Government of Pakistan (GoP) took it over and handed it to the Ministry of Defence (MoD) which turned it to commercial use prompting the late Ardeshir Cowasjee to direct “A plea to the Lord Chief Justice” which appeared in this newspaper on 14.6.2009.

Lo and behold, the Lord Chief Justice took note, the case was brought to court, and a judgement pronounced on 18.12.2009 by Justice Jawwad S. Khawaja. What follows from court documents is a summary of this astounding land grab and an update of its status following the judgement.

According to the citizens the 5 acre plot was transferred by GoP to the City District Government Karachi (CDGK) on 12.8.1976 for the Lines Area Redevelopment Project and designated in the Master Plan as an amenity plot to be used as playground. It was subsequently claimed by GoP that while contiguous land was indeed transferred to CDGK, this particular plot was excluded and remained part of the Karachi Cantonment.

Following this reclamation, General Musharraf, the then military ruler, granted on 19.12.2002 a 90 years lease on the plot to the Army Welfare Trust (AWT) at the nominal yearly rent of Rs. 6,020 only. The court noted that contrary to its name that suggests some institutional affiliation with the Pakistan army, the AWT was registered as a Non-Government Organization, a private society, under the Societies Registration Act. It was however a fact that General Musharraf was at the time the ex-officio Patron of the AWT in his capacity of COAS.

On 31.7.2006, the AWT in turn transferred the land to a private party (Makro-Habib Pakistan Limited) by way of a sub-lease for an initial term of 30 years receiving an advance rent of Rs. 100,000,000 based on a variable annual amount of at least Rs. 17,500,000 and a maximum equivalent to 1% of the annual turnover of Makro-Habib which was initially incorporated as a joint venture between SHV, a Dutch multinational, and the House of Habib, a Pakistani corporate group. SHV held 70% of the equity in the venture but later divested its share to the House of Habib with permission to use the ‘Makro’ brand name. After the execution of the sub-lease, Makro-Habib constructed a wholesale centre on the plot.

Following a meticulous examination of the argument advanced by GoP, AWT, and Makro-Habib that the playground was not transferred to CDGK, the Court concluded it was “wholly untenable.” Based on this finding that the land was not the property of the MoD, both its lease of the land to AWT and the subsequent sub-lease to Makro-Habib were declared null and void. Makro-Habib was allowed “three months from the date of the judgement, to remove its structures and installations from the playground, restore it to the same condition as existed on the date of the sub-lease and hand over its vacant possession to the CDGK.”

The Court was also “led to the inescapable conclusion that Government land was virtually thrown away at great financial loss to the Government and in utter disregard of the CLA [Cantonment Land Administration] Rules.”

In addition, the Court referred specifically to a paragraph in a Ministry of Defence Summary for the Chief Executive dated 20.9.2002 which read as follows: “Since Rules do not permit leasing out defence land free of cost, MoD supports payment of nominal premium and rent by AWT, being a welfare organization.” With reference to this paragraph, the Court observed: “We have also noted the cynical play with the CLA Rules” and that the document “presents a damning indictment of dictatorial one man rule.”

The aggrieved parties filed a review petition against the decision which was dismissed by the Supreme Court on 27.8.2015. But even after the dismissal of the review petition, the orders of the Court remain outstanding. The Makro-Habib structure continues to stand although without transacting any business. The result is a lose-lose proposition in which a valuable property is fulfilling neither its original nor its engineered purpose.   

This unsatisfactory outcome prompts the following questions: How is it possible that a judgement of the Supreme Court can remain unimplemented for nine years? What is the recourse for citizens if Supreme Court judgements can be stonewalled even after the dismissal of review petitions? Why does the Supreme Court not have the powers to have its judgements implemented?

These are important questions and deserving of another plea to the Lord Chief Justice: Please take suo moto notice of why judgements on prior suo moto notices cannot be implemented. And if they cannot, to explain why the practice deserves to continue in the future.

This opinion appeared in Dawn on April 10, 2018, and is reproduced here with permission of the author. The author is indebted to Dr. Syed Raza Ali Gardezi for his critical review of the facts presented in this opinion. Dr. Gardezi continues to represent the citizens in this case.

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If I Were a Christian

March 16, 2013

What would I be thinking if I were a Christian in Pakistan today after yet another incident that has victimized the members of my community? What would I be asking of those who are my fellow citizens?

I use the term ‘fellow citizens,’ knowingly because I am asking for a reciprocal recognition of my rights as a full citizen of this country. These include my civil rights, the protection of my life and property, which are guaranteed under the law.

I would urge my fellow citizens to understand the nature of the incident in which the houses of an entire community have been burned for the alleged transgression of one member of that community. (more…)

More on the Law of Inheritance

May 29, 2009

By Anjum Altaf

Picking up on the speculation about the causes of poverty of Indian Muslims, I did some more reading on the subject. The bottom line is that the variations in the laws of inheritance matter in very interesting ways.

Let me outline some of basic contours here and hope we can discuss the details in the comments.

Where the principal form of property was land, a law favoring equal division amongst all heirs would lead to fragmented holdings while a law decreeing transfer to one heir only would avoid fragmentation. (more…)