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CEPI Biweekly Bulletin (18-4-21)
CEPI Biweekly Bulletin (18-4-21)
PREPERATORY INSTITUTE
0303-6449744
/cepipakistan
@cepipak
CEPI Pakistan
People to People
Ravale Mohydin
ON Friday, Pakistan blocked all popular social media The logic of blocking social media to contain protests is
flawed, especially for groups with strong networks on
and internet messaging applications including
the ground. There are several ways of circumventing
Facebook, YouTube, Twitter, TikTok, and WhatsApp for such censorship, despite a VPN ban that is ineffective
four hours across the country to “maintain public even in the most authoritarian countries, as was
order” in anticipation of protests by the recently evident from the trending topics while the blocking was
banned TLP. Such blocking undermines fundamental in place. It only ends up disturbing millions without
rights, impacts an already fragile economy, defies achieving the stated goal.
logic of security, and punishes citizens for the state’s
mistakes. Further, blocking social media makes citizens suffer
for the state’s mistakes and failures. A group that was
Whereas in the past the state has used measures such mobilised on the basis of passionate religious beliefs
as network shutdowns in particular areas of protests by a charismatic leader who enjoyed state protection,
and blocking of particular social media applications for whose protesters were given cash by state officials to
as long as around four years in the case of YouTube, end a protest, and with whom the government signed
this is the first time that all popular social media an agreement acceding to its demands to quell a violent
applications including WhatsApp were blocked protest, will not be easy to dismantle by burying our
simultaneously for all citizens. heads.
This should be a cause of alarm Instead, the state needs to permanently ban the
and concern. Such a practice of setting up, supporting and nurturing
disproportionate measure individuals and organisations that exploit
in the name of maintaining religious sentiments for short- or long-
‘public order’ is a gross term political gain; have consistent zero
violation of the basic rights of tolerance for violence and militancy by
Pakistani citizens, as the non-state actors; and ensure the rule of
Constitution protects the right to freedom of law is always upheld. The state also
speech, right to information, right to education, needs to bear in mind the consequences
right to livelihood and freedom of association. of a radicalised political party with
Whereas constitutional rights are “subject to representatives in assemblies that is all
law”, even the draconian Section 37 of the of a sudden declared a terrorist group —
Prevention of Electronic it is not only the members but also
Crimes Act, 2016, the vote bank and supporters
stipulates blocking or that are bound to revolt. We
removal of unlawful online have suffered long enough for
content, but nowhere does what panned out at Lal Masjid.
it allow a pre-emptive
blanket blocking of all social media applications and The likelihood of this is no less mitigated by several
websites. So the question is, under what law was the videos of custodial torture by police of protesters.
blocking of social media applications and websites Granted that several police personnel were beaten and
ordered by the interior ministry? The notification cited tortured by protesters, but no crime is grave enough
none, and it should have. for suspects’ violation of dignity through torture. This
only perpetuates a cycle of violence and vengeance
This new turn in the nature of state censorship is also that our society cannot afford anymore. The
bad news for Pakistan’s digital economy, which is a constitutional right to dignity, fair trial, due process and
supposed priority for this government with its Digital legal representation must be upheld, and families kept
Pakistan plans. A country that arbitrarily blocks entire abreast of the whereabouts of detainees.
websites and applications that are critical to business
activity in today’s digital age is an unattractive A video statement of the interior minister on Friday in
destination for those wishing to do business or which he apologised for blocking social media and said
investing here. No business wants such uncertainty. it will not happen again while admitting that there were
no protests held on Friday due to the possibility of
These bans also gravely impact the thousands of small which social media had been blocked, cannot be
businesses that rely on social media to function, as trusted.
well as students who are studying online. It is
important to understand that messaging services and Could this instead be a test of social media blocking,
social media applications have increasingly become and harbinger of what is to come? Such measures must
the primary mode of communication, and their usage be resisted at all levels.
complements other learning tools. During the Covid-19
© Dawn News
pandemic, this dependency has increased, and is likely
to remain.
LITIGATION in the US is like a luxurious hotel, open of refunds and rebates, default surcharge, penalty,
fines and confiscation of goods etc. In tax cases,
to all but affordable to few. This is true for Pakistan as
additional vertical adjudicating forums extend an
well. Article 37 of the Constitution guarantees that
already prolonged and cumbersome process. A
inexpensive and expeditious justice is the state’s
dedicated study may be required to ascertain the
responsibility. While the state has provided multiple
percentage of litigation in tax cases.
judicial forums at various levels, millions of cases are
pending adjudication. Currently, eight different statutes encompass tax
litigation provisions at the federal and provincial levels.
A large chunk of cases in litigation pertains to tax
Unfortunately, the tax ADR provisions barely meet the
matters which are unpleasant for both the taxpaying
formalities of these tax-related statutes. Likewise, the
business communities and the tax authorities. A tax
principles of inclusion and empowerment of the
notice results in parties resorting to stepping on to the
taxpayer have not been incorporated appropriately. For
judicial ladder to avail the statutory right of appeal.
instance, in Inland Revenue
Here, the real ordeal starts ie ‘the
cases, the power to choose
litigation’ which is like a game of
mediators from a designated
snakes and ladders. Be it civil,
panel lies only with the
criminal or tax litigation, the state
department, not the taxpayer.
has to play its role while
providing access to justice for all. Due to lack of provisions for the
establishment of independent
Public-sector development
ADR centres, the power balance
budgetary allocations and debt
remains tilted in favour of the tax
servicing depend on revenue
department which may
collection. Time is money and this
contribute to mistrust.
concept is crucial to aggrieved
Similarly, unlike civil
parties hit by protracted tax
litigation, an equitable
litigation. In such a scenario,
referral system is
problems may be addressed
conspicuous by its absence.
through the informal settlement
Taxpayers (and not the tax
of disputes.
department) can only opt for
Dispute settlement here does not mediation, and that too at the
involve a trial. Instead, it deals appellate stage.
with negotiation, mediation,
Legislative interventions for
conciliation and arbitration —
evolving a referral system — for
quite simply the alternative
the facilitation of both taxpayers
dispute resolution (ADR) mechanism.
and the department — are sorely needed. Thresholds
With assured confidentiality, the tax authorities and and categorisation of cases may be incorporated in line
taxpayers interact in an informal environment. It goes with the ADR Act 2017 (ICT), the Punjab ADR Act 2019,
without saying that the benefits of ADR are high and and the Khyber Pakhtunkhwa ADR Act, 2020. The
ensure the expeditious and cost-effective settlement of current uni-referral arrangement must be replaced
disputes. Parties save on court fee and court visits as with binary referrals. For instance, the assessing
well as the hefty amounts that lawyers demand. officer should also be empowered to refer to mediation,
Without the usual procedural hiccups, interim relief is alongside the taxpayer, at the stage of issuance of the
swiftly provided. A quick dispute settlement show cause notice. Fears of unjust accountability may
mechanism is always an attraction for international be allayed through parliamentary sanction.
investors and provides an impetus to the country’s Harmonising all fiscal laws and taking on board all
economy. stakeholders, including taxpayers, collectors,
adjudicators, and lawyers, may bridge the trust deficit.
Countries like the Netherlands, US, Belgium, and UK
have adopted the ADR in tax litigation. Diligently Obviously, mediation won’t plug all the gaps, but it could
adopting this international best practice may help ease prove a viable option to change the way the authorities
the burden on our courts. In our case, the ADR operate. If there can be a voluntary compliance
mechanism remains a less-explored option in tax scheme, then why not a voluntary settlement scheme
litigation. for dispute resolution? Mediation can do marvels by
pushing up the revenue curve and curtailing tax
Tax litigation is different from regular litigation in that litigation. An open-mind and open-heart approach is
the adjudicator himself/herself is party to the case. The needed to seriously consider mediation.
issues involved are of a fiscal nature and involve
technicalities of liability, customs duty, the admissibility © Dawn News
The New Deal was more than a recovery program for It was not clear, when Roosevelt took office, that
democracy would survive the long night of the
the economy. It was, as the historian Eric Rauchway
Depression. To show what could have happened in the
argues in his new book, “Why the New Deal Matters,” a
absence of recovery, Rauchway recounts the story of
recovery program for American democracy.
the Bonus Expeditionary Force — veterans of the First
“I pledge you, I pledge myself, to a new deal for the World War who occupied parts of Washington in the
American people,” Franklin Roosevelt declared at the last months of the Hoover administration, demanding
1932 Democratic National Convention in Chicago. early payment of their “bonus,” or promised
compensation, for service. On one hand were the
Roosevelt had broken tradition to accept his party’s marchers, thousands of disaffected veterans and their
nomination and deliver a speech in person. And in that families, and their leader Walter Waters, who drew
speech, he promised a program based on the “simple inspiration from Mussolini’s Black Shirts and Hitler’s
moral principle” that the “welfare and the soundness of Brown Shirts, and who proposed reinventing his Bonus
a nation depend first upon what the great mass of the Army as a new “Khaki Shirt” organization.
people wish and need” and second on “whether or not
they are getting it.” Here’s Rauchway:
Aware of the challenge ahead of him should he win the “The Bonus Army’s newspaper drew international
presidency — nearly a quarter of Americans were out comparisons to prove the veterans’ importance: “For
of work and the economy was shrinking by double five years Hitler was lampooned and derided, but today
digits — Roosevelt concluded his address he controls Germany. Mussolini before the war was a
with a call to action. “Let us all here tramp printer driven from Italy because of his political
assembled constitute ourselves views. But today he is a world figure … The Khaki Shirts
prophets of a new order of competence would be essentially American” — though similar to the
and of courage,” he said. “This is more backers of those strongmen overseas.”
than a political campaign; it is a call to
On the other hand were those Americans at the top who
arms. Give me your help, not to win
believed democracy had failed the country. In
votes alone, but to win in this
Gen. Douglas MacArthur’s
crusade to restore America
draconian response to the
to its own people.”
Bonus marchers
These days we tend to — burning
think of the New Deal their camps
as a very large and driving
stimulus program. them out of
And that was true, the city,
to an extent. The against
Public Works President
Administration, Herbert
established Hoover’s
under the explicit orders
National — they saw a
Industrial model for how
Recovery Act the
of 1933, spent government
around $3.3 billion (roughly $65 billion in today’s might restore “order” to the United States. “To his aide
dollars) on public buildings and infrastructure. The Rexford Tugwell,” Rauchway notes, “Roosevelt
Works Progress Administration, established two years described Douglas MacArthur as one of the ‘most
later, went even further, spending almost twice as dangerous men in the country.’”
much over eight years to employ more than 15 percent
MacArthur appealed to Americans who yearned for a
of the nation’s labor force.
strongman, who believed “democracy had run its
But as Roosevelt suggested in his acceptance speech, course and that the totalitarians had grasped the
the New Deal was bigger than just a recovery program. necessities of the time.” Roosevelt said that among
people he knew — rich people, who came from
Rauchway, a professor of history at the University of privileged backgrounds and who found the mobilized
California, Davis, writes: “The foundational belief of the people deeply alarming — such talk was commonplace.
New Deal was the conviction that democracy in the
United States — limited and flawed through it remained Roosevelt had to prove to all Americans that self-
— was better kept than abandoned, in the hope of government worked; that it could restore confidence
strengthening and extending it.” and tackle the economic crisis without compromising
NEW
transformed the relationship between
state and citizen — set the stage for the social
revolutions of subsequent decades. The New
Deal brought, in Roosevelt’s phrasing,
“the broadening conception of social justice” to
American life. And once introduced, it could not
SESSION
be removed. Or, as he said in his January
1934 message to Congress,
OPEN!
third founding moment in the history of American
democracy. And in the same way that we still struggle
to live up to the ideals of political equality expressed in
our first founding and those of racial equality
expressed in our second, we have not yet realized the
It is a more recent tale of two letters: On Pakistan’s procurement, however, for these nuclear-armed
nations remains an uncompromising expenditure. A
70th National Day, Indian Prime Minister Narendra Modi
deep mutual distrust entrenched political complexities,
penned a note to his Pakistani counterpart, expressing
and regional tensions have mounted a growing rhetoric
desire for a “cordial relationship with the people of
and expenditure on war preparedness. All this at the
Pakistan”. Soon enough, Prime Minister Imran Khan
cost of health, education, and social welfare of millions
reciprocated by saying he, too, wanted “peaceful,
of vulnerable people in both countries. For comparison,
cooperative relations with all neighbours”.
both countries spend barely 1- 3 percent of their GDP
In between the genial notes, the frozen ties between on health, as compared to around 17 percent by
the South Asian neighbours had started to show initial developed countries.
signs of a thaw. In February 2021, both countries
If allies, India and Pakistan can direct investments to
pledged to adhere to the 2003 Ceasefire Accord,
pressing development issues and uplift the millions
defusing tensions and violence at the Line of Control in
that live below the poverty indices. Collaborative
Jammu and Kashmir. Pakistan’s Army chief General
As India and Pakistan blow hot and cold over restoring Partners in Trade and a Resilient Future
trade and ties, reinstalling diplomats, and on the long-
When India and Pakistan started trade across the Line
contested dispute over the Kashmir region, can both
of Control (LoC) in Jammu and Kashmir in 2008, the
nations co-exist as good neighbours, even allies in a
border villages were brimming with hope. Often at the
post-Covid world? Both countries have not faced a
forefront of military tensions, trade and travel brought
pandemic of this scale since their Independence in the
in prospects of peace? connecting divided families
late 1940s; a complicated crisis that needs a
across the borders and reviving traditional trade links.
collaborative response. They have lost enough time and
A boost in the local economy was an added bonus.
resources on fuelling animosity. Now could be the time
Since 2019, the cross-LoC trade and bilateral trade has
to redefine and reimagine a partnership that builds
been suspended, leading to heavy losses, and up to 60
back from the pandemic and into the future.
% increase in prices of some goods.
Investing in Health, Education, and Social Safety
Nets
Prior to the suspension, India and Pakistan’s direct
COVID-19 pandemic contracted the global economy 3-5 trade was around USD 2 billion per annum. The
percent, and the South Asian nations were hit among potential is much higher, anywhere between USD 37 to
the hardest. In India, as per government estimates, the 40 billion. If both countries become favoured trading
economy shrunk by 7.7 percent in 2020-2021, and partners, the benefits are not just limited to the border
Pakistan’s gross domestic product (GDP) fell to -0.38 economies but will spread to the entire region. This
percent — negative growth for the first time in seven collaboration would also revive the traditional trade
decades. links into Central Asia.
Despite the economic slowdown this year, defence As allies, the
expenditures in both countries saw an upward trend. neighbours can
While India increased its budget for arms procurement not only strengthen
by 16 % as compared to last year, Pakistan’s defence economies, but
budget climbed up by 12 %.? a paradox for nations that also
are seeing high rates of unemployment, and drop in build
health, education, and poverty indices. resilience
to disaster,
One would think the pandemic would move them to
climate-change, and pandemics. There is an
focus more on recovery, resilience, and development?
opportunity in sharing health and policy frameworks,
instead India slashed its education expenditure by 6 %
promoting data and technology for use in epidemiology,
and Pakistan continues to straddle high debts. Arms
and strengthening public health infrastructures. Both
Prime Minister Imran Khan has hit the nail on the deliberately speaking against Islam and Muslims,
head by reminding some western countries, and encouraging all such speech, purely to rally the
Europeans in particular about their double extremist voter base. And they are also used to
standards when it comes to freedom of religious getting away with it. So, while Muslim communities
and/or political expression because this debate have a duty to respect laws of every state they
clearly needs firmer representation from the Muslim choose to live in, those states have an even more
bloc than has been the case so far. There’s no sacred duty to protect all rights of all minorities
denying that nobody can be allowed to use any card, within their borders. PM Imran Khan has done the
even religion, to defy the law and the constitution; right thing by presenting the side of this story that is
and the Pakistani government did move forcefully always brushed under the carpet and never given
against the religious-political party that recently any breathing room. There are encouraging signs
caused much disruption in public life, as the PM duly from the highest offices of some other countries as
pointed out. But the popular take on all this in the
western press, and indeed their political circles, is
very misguided and needs to be addressed.
The fuss about the holocaust is just one point of this
debate. For it is, after all, a bit rich of Europeans to
disallow religious expression and debate while at
the same time punish even the slightest mention of
the terrible tragedy that befell the Jews in the well, like
second world war with prison sentences lasting Turkey and Malaysia, so the ball has been set rolling.
many months. This is the clearest example of double Western democracies have set the standard in
standards at not the just governmental but upholding human rights. Hopefully, they will
continental level. And it is about time that the playing appreciate the need for extending the scope of their
field is levelled, so to speak. But it goes much further privileges a little bit.
than this.
© Daily Times
Prime Minister Imran Khan was right that right-wing
European politicians have got into the habit of
Women now hold many of the jobs controlling the Over the past half-century, 57 women have been
world's largest economy - and they're trying to fix it. president or prime minister of their countries, but
institutions that make economic decisions have largely
Treasury Secretary Janet Yellen, Commerce Secretary been controlled by men until recently.
Gina Raimondo and trade czar Katherine Tai hold top
jobs in U.S. President Joe Biden's administration and Outside the United States, there's Christine Lagarde at
many of his economic advisers also the helm of the European Central Bank with its 2.4
are women, as are nearly 48% of trillion euro balance sheet, Kristalina Georgieva at the
his confirmed cabinet- International Monetary Fund with its $1 trillion in
level lending power, and Ngozi Okonjo-Iweala at the World
officials. Trade Organization - all jobs held by men a decade ago.
CEPI WISHES
recovery spending on health, education, social
protection and empowering women after years of
neglect. "If we don't do it, we risk inequalities
deepening," she said.
OFFICERS!
Representative's office, has told her staff to think
"outside the box", embrace diversity and talk to
communities long ignored.