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Presidential speech, is he stalling everything or truly bringing reconciliation to the soil, a critical analys - By: Amjad Malik

20th September 2008, ‘Land mark’ presidential speech to the joint session of the Parliament was overshadowed by a quick reminder of the menace of terrorism in the form of an explosive terrorist attack at Marriott Hotel, Islamabad which took over fifty three lives and scores were injured. This condemnable attack not only highlighted the kind of danger Pakistan is facing, the war of top security agencies in the region and on its soil, and the loss of many lives & families which are unaccounted during this on going struggle in order to find viable answers how to secure sustainable peace and calm to the region and in return to the world in general. So far no one has found the right key to success in this ongoing onslaught. Pakistan is caught between rock and hard place, on one side US anger over poor performance and asking them to do more, and if they do, the sheer resentment over foreign policy is visible by outlawed networks and Jihadists and is expressed by the sophisticatedly hit targets which are normally pro West outlets. In Pakistan these suicidal attacks have crossed a century in number in only last 1 ½ years though this individual Non NATO ally is at the brink of facing the wrath in the form of unitarily inside strikes by the super power for their lack of will and action despite losing over 1000 soldiers at the rear border at Durand line. High value target though is missed by inches each time, but this faulty intelligence is causing an increase in the collateral damage day by day, and that is the sad other side of the multi colour story full of blood.
 
Now coming to the speech, The president however, has successfully replaced the Presidential slogan of Musharraf’s ‘enlightened moderation’ to that of Zardari’s brand of ‘national reconciliation.’ He practically tried to exhibit his genuineness with a gesture to approach Nawaz  Sharif, the opposition head sitting in the gallery which warmed many of his critics though he did not openly give any major concession in his address. In response though a calm Nawaz once bitten desired for a concrete practical steps rather than words to reform Parliament. Looking at the positives of his speech, he has shown his willingness  to continue with General Musharraf’s commitments with US on global War on terror, if not more, however, he has exposed cleverly a possible retaliation from army and resilience from general public which is anti war & tribal invasion if he gives more concession to USA in his own areas, though he showed by his silence in last few days that he wants to. He has also sought time to sell the idea to his people that its their war not of USA as he is minded that if he acts quickly, he will be adding to the popularity of hard hitting Sharif who can pocket all conservative votes without doing anything, which he would not wish at all. So he managed to stall his action on  the major issues rather than announcing it boldly, and instead  delegated it  to Parliamentary committees which may take months to have a full debate where his party will have a control over the ‘on’ and ‘off’ button. He has escaped without calling off any military operation in FATA and did not have to condemn or affirm US policy of July to attack Pakistani areas unilaterally and just reiterated what army has said earlier  in their press release. So by default his wife’s policy statement on FATA giving access to US military and access to IAE to Scientist Dr Khan still stands. He did good by condoling the death of his brother in law Mir Murtaza Bhuttoo, the son of late Zulfiqar Bhuttoo though he was implicated in his murder by his family, and he managed to praise his wife’s sacrifice due to which he is at the top office which inspires many of his party loyalists for his humility. He has shown his desire to resume talks with India, with some confidence building measures coupled with a new liberal visa regime plus formation of an other committee of parliament on Kashmir to discuss its future and matters relating to Indus water treaty between both countries. He has acceded to the proposal of ANP the long awaited name change of their province to ‘Pakhtunkhua.’ Overall he escaped perfectly without giving any major concession, formed Parliamentary committees on almost anything and everything and avoided what does not matter to him. Though I believe backtracking on MOU’s and agreements may not work with USA, however, whatever rabbit he pulls out of his hat, if he manages to halt, postpone and stall US’s unilateral attacks in Pakistan till their November election that will be a big head start and a service to Pakistan.
 
Now if we look at the other side, he has not said a word on setting up any enquiry or a commission to investigate independently his wife’s death, Akbar Bugti’s killing, 12th May massacre, action on Red Mosque, 3rd of November coup at judiciary, indemnity or trial of outgoing dictator and above all the fate & future of Dr Qadeer Khan and Kala Bagh Dam. In fact, he managed to escape to give any commitment to restore the Chief Justice Iftikhar Choudhary to that of 2nd November position as per his agreements of March, May and August with opposition and vowed to restore judiciary in accordance with the law and 1973 constitution which was a step farther and there was no word on how the fresh judges will be appointed in future. Judiciary remains a pivotal point of disagreement between him and the opposition and he managed to stick to his guns. There was no announcement to halt the ongoing operation in FATA replacing a policy to win the hearts and minds of his own with an  economic aid, rule of law drive and justice in those areas, and or  any clemency to Baluch people. His three prong strategy may not work in the presence of jets flying and missiles coming through drones in his areas. He has not given any line of action how to advance trade, and relieve the poor people and bring the economy back to its feet in the wake of looming international recession and food crisis. He has also managed to avoid the question of handing over possible accused to USA for interrogation without  a treaty to exchange prisoners and no policy statement on missing persons or Dr Afia Siddiqui. Though his desires were kind to uplift the women of Pakistan.
 
Above all, he has not announced to bring back the constitution to that of 12 Oct 1999 position as agreed by his wife in a ‘charter of democracy’ instead, he has delegated it to a Parliamentary committee opening up an avenue of negotiation to give and take on the issue of legalising the provisions introduced by the Musharraf regime on 3rd November 2007. I believe in that discussion the question will be up that power to dismiss the parliament Art.58(2)b will only be scarped if the ratification of Musharraf’s acts are secured thus safeguarding the notorious ‘National Reconciliation Order’. He has failed to give a concrete policy how to tackle unilateral attacks of USA he vowed not to give permission but they already have violated territorial integrity in violation of Article 2(4) of the charter of United Nations in the absence of any security council resolution but he did not elaborate how he would like his Govt. to tackle their future assault in this looming international crisis. In camera session on Nationals security may be a good step towards member’s awareness on core issues but if leadership lacks political will & courage, it will turn out to be a frightening exercise to tame the border liners.
 
In short, Presidential speech is a good mix of his desire to hang on to power and continue to believe in Charter of Democracy on which he may like to start full implementation in  the latter part of his 5 years tenure. His practical steps on COD, judicial independence, Parliamentary sovereignty and Pakistan’s role on US policy on war on terror will determine his government’s performance and the level of cooperation from his opponents and from those who matters in this arena. At this very moment, he and his government have a mountain to climb on credibility between his peers, trust deficit between civil and army, and at governance front. Only concrete performance not merely words on those issues will determine how far he will go.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales

• Posted by valiantpk on 21/09/2008.
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Lost war and a lost cause By: Amjad Malik

On the anniversary of tragic events of September 11, the statements of both Pakistan and US armed officers are frightening for Asia. New York Times reported today that ‘President Bush secretly approved orders in July that for the first time to allow American Special Operations forces to carry out ground assaults inside Pakistan without the prior approval of the Pakistani government’. The article reported that the American commanders in Afghanistan have complained bitterly that militants use sanctuaries in Pakistan to attack American troops in Afghanistan. He said that “I’m not convinced we’re winning it in Afghanistan,”  However, Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff told the House Armed Services Committee on Wednesday. “I am convinced we can.” Toward that goal, Admiral Mullen said he had ordered a comprehensive military strategy to address the border region between Pakistan and Afghanistan. The commando raid last week and an increasing number of recent missile strikes are part of a more aggressive overall American campaign in the border region aimed at intensifying attacks on Al Qaeda and the Taliban in the waning months of the Bush administration, with less than two months to go before November elections.
 
However, the US policy has been vehemently opposed by Pakistani Military Chief backed by Political administration reiterating that no external force will be allowed to conduct operations in Pakistan. He said in a hurried statement in response that “There is no question of any agreement or understanding with the coalition forces whereby they are allowed to conduct operations on our side of the border”. Though such policy which was already in practice indirectly during General Musharraf’s reign under his so called ‘tacit understanding’ in order to catch Bin laden and or obstruct and destroy his tactics but now its an open announcement to infringe the borders of Pakistan. Pakistan is pocketing an insult, when US administration has already violated this month by parachuting its commandos and killing civilians and it is insisting on barging in and destroying the principle of territorial integrity in future too. Of course, it will add fuel to fire and all efforts to calm the locals will be futile, in fact, will aggravate the situation and the war on terror without a clear cause and purpose will be lost without achieving its objective. Sanity is in dire demand at this very moment. 
 
There is no doubt, that 9/11 was the most tragic incident in this decade which brought so much hatred; vengeance along with it, as well as, it brought the ancient civilisations on to a flash point where tolerance and forbearance was lost somewhere down the line. Along with it came the new drive of a war against terrorism where enemy was unseen and it was a myth and ‘religious terrorism’ was invented prejudging the billions of people of one faith linking to intolerance and radicalisation. Pakistan too was asked to submit to the mighty power or was asked to face the consequences and be ready to go to the time of caves. Unlike Turkey who rejected over 35 billion aid package in exchange of allowing the mighty to use its territory to turn Iraq into rubble, Pakistani rulers devoid of legality in its newly installed regime caved in easily without any honourable settlement of their outstanding debts or without guaranteeing and addressing any threat to their national security in the form of retaliatory attacks or territorial integrity. When we look back US was demanding Receipts for the money given to hired force and weaker can only give explanations as Sovereign states seldom plunge their soldiers into a war whose results and risks are not calculated.
  
Pakistani army has lost around a thousand soldiers as a result of their active participation in the north of their country bordering areas of Afghanistan. According to the reports at present lives of more than 400,000 civilians of the seven agencies of Fata including South, East Waziristan, Orakzai, Kurram, Bajaur, Mohman and Khyber agencies are directly affected by this ongoing war on terror. The life of 450,000 people of the four districts of the NWFP including Sawat, DI Khan, Hangu and Tank have also become worst due to the operations of the army. Sources said that 80,000 Frontier Corps and 40,000 infantry troops are manning 1100 check posts, which is ordinary duty of the police. The sources claim that the public favour and support to these operations can be achieved only in this way that they are assured that this war is solely being conducted for the security of the country. This goal can only be achieved by the detailed discussion and approval of the Parliament. In North and South Waziristan locals are taking up arms against its own military personnel and new US Policy will ignite the fire in the lower ranking military officers whose philosophy of discipline taught is to die in protecting the integrity of the State. Both sides are picking up dead bodies and there is debris everywhere  but no one is willing to discuss and address the root cause of the arms struggle and genuine absence of the political process in war torn areas with aid package.
 
In civilised countries issues pertaining to country’s sovereignty and integrity are presented in parliament for approval however same countries support weaker regimes in order to avoid a parliamentary and judicial oversight over sensitive matters. Pakistan is handing over hundreds to CIA for money and can not secure one citizen namely Dr Afia Siddiqui back from them on the premises that their system is string and their courts are free. Pakistan is giving its unstinted support to United Sates for the second time. Last time it came to the region in 70’s, Bhuttoo was hanged prior to its arrival. This time post 1999, Sharif was nearly murdered judicially but later was exiled for a period of 7 years whilst he was facing a charge punishable to death. When I compare this with UK’s Prime Minister Tony Blair who strolled after completing his half 3rd term in office and was made an envoy to middle east, I was trying to understand as to why in third world countries strong Parliament is not supported by the West. I have seen that only lip service is provided on the name of restoring true democracy, freedom of judiciary and media in military regimes only to tame the incumbent rulers to join the club or face the music. West prefers that military commanders keep their people under a ‘club’ and rule them to obtain desired results and education, sanctity of vote, justice, and freedom in true sense remain away from them. That may be double standards but surely that suits them. Latest twist in Pakistan on 9 September clearly depicts a gloomy picture where President Karzai witnessed his Muslim brethren President Zardari swearing an  oath of allegiance to protect the borders and constitution which was followed by US policy to enter Pakistan. 
 
Pakistan as a nation is up with a heavy task, especially its rulers who are either to show whiter than white philosophy and show maturity to take the peg from military to run the state as it deserves or keep embarking on the revenge mission and dirty tricks with unprofessional mimic corrupt advisors as in that case the work will be carried out by those who does the best. We are virtually at war with ourselves within as individuals and a nation, with our people and with a foreign force. A healthy political activity can reduce tension amongst institutions paving way to reduce radicalisation of mind and aggressiveness in the attitude, trying to address common grouses which jeopardise mutual harmony and good will. Winning the heart and minds of affected people can only stop them picking up arms against its own army and effective diplomacy to calm the super power to avoid experiments before their November US elections as they are determined to find dead bodies for their election purposes which can be fatal for Pakistan and dangerous for the NATO.
 
Politicians must see eye to eye to the challenges the country is facing removing trust deficits without losing its allies in West but saying ‘no’ to the old masters where it deems necessary, bring judiciary to a reasonable standard where justice is seen to be done and people are happy of the verdict they get from the court and run the system of civil administration smoothly addressing all the threats to it from within. Pakistani ruling elite will have to start being honest with themselves and with their people as double standards may suit the west but double crossing may cost lives here and if reliance on aid packages is not switched to ‘trade activity’ and ‘national honour’ is compromised then we must forget about country’s territorial integrity as beggars can not be choosy.
       
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England)
 
11 September 2008

• Posted by valiantpk on 11/09/2008.
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Old don, or new dawn for Pakistan By: Amjad Malik

Mr. Zardari despite all reservations and his past was duly elected by the Parliament on 6 September 2008 and it is a good sign for democracy that opposition legitimised the show by participating it and later whole heartedly accepting defeat. Congratulations to Mr. President and let’s bye gone be bye gone and restart a new chapter in Pakistan with an aim of parliamentary sovereignty, rule of law and economic alleviation in the country which is at the verge of institutional and economic collapse. The job which requires sheer wisdom and consultation may not be completed if President does not take himself above his party interest and venture to work jointly as envisaged in ‘ Charter of Democracy’ by his knightly wife Be Nazir as working single handedly may not remove the dark clouds on the civil system which carry a history of four decades.
 
I foresee four main issues which may take him from 5 months to 5 year rule. First of all his impartiality as his job requires him to treat all equally by genuinely promoting Federation and allowing the healthy opposition by invoking an idea of issue based constructive politics. If he can agree to disagree and allow this principle to be digested by his party and the political class in general, it will evaporate the politics of 90 and will promote tolerance which is in deficit in Pakistan. It will also strengthen the civil system and continue the political process. He must also consider giving his party position to that of his sister and or the sister in law whilst he is a head of state, of course with due consultation of his party.
 
Secondly, most important issue is Pakistan’s foreign policy. I believe the determination the limits of Pakistan’s role in war on terror will be very crucial and he must take Parliament and security apparatus in confidence in order to advance Pakistan’s due and lawful contribution in this global exercise keeping our sovereignty intact. Musharraf’s tacit understandings which has no parliamentary backing will not be acceptable now and any ‘double crossing’ will not work here either, so he must make it clear that no access either to nuclear or our rear tribal areas without Parliamentary approval and security clearance as that will determine how far his new assignment is acceptable to circles which matters. If aid emphasis remains on United States then shopping list will come with it from them and trade preference will vanish so we need a clear priority on state integrity, controlling inside security and flourishing economic activity.
 
Thirdly, judges issue will remain a bone of contention in his governance if not settled amicably. I am sure he can work on bigger issues of repealing 17th amendment, implementing charter of democracy and economic revival if judges are restored in accordance with his own declared agreements with his opponents. I am not sure whether he is acting like Nehru or is genuinely has been transformed like him but his credibility will depend a lot on how he settles the judges issue. The way he has so far managed to divide judges, pulled out pro PPP lawyers from the movement and finally had capped the long march show his capacity & management skills. However, dishonouring the whole struggle may not leave any judge in future for so called war of independence of judiciary and sovereignty of Parliament in the event military comes in future, so despite having reservation on any particular judge by PPP, saving the original principle is a genuine and national cause. Iftikhar Choudhary no doubt carries the support of the people for his resilience against a dictator since 9 March 2007 and their clans restoration, compensation and honouring them will create a serious obstacle in the way of military intervention in future.
 
Fourthly, the issue of a popular slogan of ‘roti kapra aur makkan’ the manifesto of PPP to ease the suffering of ordinary people of Pakistan by providing shelter, food and employment, basic justice and human rights and that’s only possible if Mr. Zardari’s government could get out of the mess it should have been out in the first month. When there is an international food shortage and recession looking over our heads and Pakistani budget trailing in 10 billion, there is not a lot of economic activity one may initiate. Its agreed that his govt. may not be able to fill the bellies of millions who are living below poverty line, but historian will definitely forgive him if he contributes to rebuild a basic structure from where service are provided by erecting hospitals, employment bureaus, educational establishments, and justice for all irrespective of who they are as I believe if his nation is healthy, happy and educated and is treated equally then they will find a way to contribute constructively in any national drive.
 
Finally a word of wise to new President that complacency is a vry dangeroius thing in politics and he must learn from that of the coup de tat against Mian Nawaz Sharif. When General Musharraf took over on 12 October 99, Mr. Sharif premiership had a two third majority, his own party supported President, his brother as chief minister and he had government in all provinces including his speaker and chair of senate but we witnessed that a junior ranking officer implemented the orders of his seniors by pointing a short range gun on the prime Minister and his own appointed COAS. The lesson from it was clear and unambiguous to initiate a ‘charter of democracy’ by both former premiers to avoid a similar situation. Absolute power is nothing, the key to save the system is in partnership of civil and military and collective collaboration of political forces until we are out of a real threat of a war. We wholeheartedly welcome you for being duly elected and you have a chance to either change the history from here onwards and stop the future of military dictatorship in Pakistan or become a victim of history yet again. You can either be a villain a don of yesterday or be an originator of a  new dawn for the poverty ridden, institutionally weak, segregated, and truly traumatised Pakistan. The decision is yours and BB will be watching over you with great interest. 
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales
 
7 September 2008

http://www.dailypak.com/epaper/allimages/col-4.html

• Posted by valiantpk on 07/09/2008.
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Self flagellations, a religious practice or child cruelty, a critical analysis By: Amjad Malik

Message of Imam Hussain, the grandson of last Prophet of Islam of sacrifice is greater in spirit and is held very dear by billions of Muslims across the globe and the message is remembered zealously during the first month of Islamic calendar Muharram. The Ashura ceremony takes place during this month to commemorate the courage & sacrifice of Hussain, a central figure of the Shia faith and his disciples in many Muslim countries adopt various means to express their grief which include holding processions, reading and listening to the tragic events as they unfolded during that month in the battlefield of ‘Karbala’, chest beatings as well as self flagellation. In order to express extreme solidarity a small percentage use five bladed whip attached to a chain and a wooden handle to carry out the matam called ‘Zanjeer Zani’. Islamic history narrates that Hussain, stood up to the tyranny of, Yazid, 14 centuries ago in order to make a principled point of justice in order to save his grandpa’s religion and humanity from oppression. During the siege at karbala (Iraq) of first 10 days of the first month of Islamic calendar, Hussain's camp suffered all kinds of trials, tribulations and hardships. In the end, Hussain was beheaded and his body was mutilated. The few survivors including women were humiliatingly and were made to march on foot to the Yazidi Palace in Damascus, where they were imprisoned: many of them died. It is believed that spectators along the route, realising what had happened to the first family of the prophet of Islam, began to beat themselves and started weeping. This mourning process is regarded the beginning of  the self-flagellation rituals that we see today amongst devout Shia Muslims. The practice has been on going for centuries. 
 
In January 2008 during Ashura,  a devout Shia Muslim first flogged himself and later considering it part of his religion allowed two under 16 boys to use the bladed whip to flog themselves until their backs bled during a shia religious ceremony. He was charged upon a complaint of the mother and statements of the boys that they were forced and he was later convicted by a Jury upon a trial at Manchester Crown Court on two counts of Child cruelty in August 2008. He will be sentenced this September. This is a land mark case carrying serious repercussions on religious practices of a Muslim minority and critics view this prosecution as a tip of the iceberg and consider this policy decision will trigger more cases in future. This incident has initiated a debate where self flagellation as a religious ritual is up against the child protection laws.
 
First of all we see what the law says, S. 1 of the Children and Young Persons Act 1933 makes it a criminal offence if any person has attained the age of 16 and has responsibility for any child or young person under that age, wilfully assaults, ill treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill treated, neglected, abandoned, or expose, in a manner likely to cause him unnecessarily suffering or injury to health, that person shall be guilty of an offence and if found guilty the accused shall be liable on conviction on indictment, to a fine or imprisonment for any term not acceding ten years or on summary conviction, to a fine or alternatively imprisonment for any term not exceeding six months. Now in order to have a healthy debate we look at the international organ which protects any religious practice. Article 9 of the European Convention on Human Rights which is part of UK law under Human Rights Act 1998 says, “1) everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.” There can be only restrictions on such rights which are necessary in a democratic society, in the interest of public safety or for the public order”.
 
 
Many argue that religious practice which is ongoing for centuries is protected by such law and despite having many complaints, there has never been a policy decision by CPS to prosecute in the past and if allowed this policy decision here, it will open a Pandora’s box leading to many such prosecutions which will be detrimental to all other religious practices, cultural traditions and customs which are held dear by millions. It is also believed that minors may participate in such ritual wilfully in defiance to make a principle point to safe guard such ancient religious practice. However, on the other hand law of the land which is quite clear to ‘look after the best interest of the child’ is in conflict with the said religious practice as far as under 16 are concerned and a clear understanding, guidance and code is required in order to bridge the gap to ensure child safety whilst protecting  the said religious practice in order to avoid future prosecutions.
 
The issue of self flagellation is not disputed in adults, however the conflict arises where children under 16 use self flagellation as a religious right. There is a risk of harm and law prohibits an adults to cause or expose the child to harm and whether this religious  practice is covered by such law is arguable and superior court’s ruling will be vital in settling the narration of policy . More work is needed to identify and correct the code of conduct where the issue of self flagellation in particular under 16 and teenagers arise which needs to be addressed by the community. The limit of such self flagellation in teen ager who are wilful participants is not very clear either, is it within reasonable limits or up to an individual’s capacity and the law is impractical on self harm too. Looking at Iran’s supreme Islamic Jurist, Grand Ayatollah Khameni in response to a question on the subject said: “Any practice that causes bodily harm, or leads to defaming the faith, is haram” hence whilst self-flagellation itself is permissible, it is only permissible within reasonable limits. Whether it is on individual’s capacity or up to excluding the risk if death is quite an arguable.
 
Many say that in order to protect the workings of the Shia missions children under 16 in UK are not allowed to self flagellate, but are allowed to watch, though the guidance is not clearer. Some Shias claim that people at the age of 7 participate in such practice in Pakistan, Iran and Iraq, and many travel to their countries of origin to mourn the month of Moharram, however in UK & Europe this practice varies from area to area in respect of children. I strongly believe that if this prosecution goes ahead unchallenged, then the option of taking under 16 abroad for religious practice may not remain safer and free of prosecution either as UK citizens will be protected by the local law here and abroad as was the case in ‘forced marriages’. 
 
There are many other practices that fall into the same category, like the Jewish circumcision ritual where a 8 days old boy is circumcised without anaesthetic injection, teen age pregnancies, abortions, prescription of morning afternoon pill to under 16 girls,  cosmetic surgery, physical chastisement, and contact sports which could all be life threatening in UK and go scot free without prosecution. There are children under the age of ten, who do boxing, kick boxing, karate, tae kwon do and judo– should their coaches be prosecuted if physical harm comes their way? And what about  rugby, football, ballet and horse riding? They have all lead to more serious injuries of minors in the UK than self flagellation. There is still nail crossing in a few countries of Europe in memory of the sacrifice of Jesus Christ. If other religious practices go unchallenged by the executive, then prosecution of Muslim minority may arguably be discriminatory under Article 14 of European Convention of Human Rights. 
 
Whilst the writer agrees that Muslim community must act together to safeguard their interest together as this prosecution has far reaching repercussions on other Muslim festivities such as circumcision, fasting, performing Haj, arranged marriages and participation in religious ceremonies and processions which often involve children under 16. At the same time, it is felt necessary that before next Ashura a code of conduct is agreed in consultation with Police and Crown Prosecution Service to avoid unnecessary restrictions in religious observance. Self flagellation must not be declared a child cruelty if a teenager wilfully participate considering his faith and religious duty, however, there is no question that force must not be used in self flagellation and it must remain a decision of an individual of an age under the law. Clearly local law of the land is in conflict with the religious practice and elders need to bridge the gap with collective wisdom, mutual understanding and clarifying the religious teachings towards this ritual. It is also praiseworthy that community has expressed desire to promote alternate methods in youngsters such as donating blood and spreading the message of Hussain of sacrifice, peace, tolerance and forbearance which is important than practice for young minds.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales

• Posted by valiantpk on 01/09/2008.
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Pakistan deserves better By: Amjad Malik MA, LLM

On Defence day of Pakistan elected representatives of Pakistan will choose their next head of state who is originally a figurehead, a ceremonial position but General Musharraf armed it with deadly powers of sacking the parliament and bossing the army chief. Looking at a few clauses relevant to such election Article 41(2) says as following: (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. Article 62 narrates qualification and clause (d) says that he is of good character and is not commonly known as one who violates Islamic Injunctions; and further more clause (f) says that he is sagacious, righteous and non-profligate and honest and ameen; (g) he has not been convicted for a crime involving moral turpitude or for giving false evidence; and  Article 63 details disqualifications where clause (h) says that he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force;
 
Looking at this when Mr. Zardari is proposing himself for the top slot there are many reservations. First of all, his party and nation deserve a better choice at this role of a fatherly figure of a nation of 160 million people. He is young and can play a better role in Parliament representing his party. As his party is forming government and if he captures this place, it will be difficult for him to avoid  conflict of interest which his party promised to avoid in a Charter signed by two top parties of the country. The head of federation is a ceremonial role requires the one to be fair, and independent without party loyalties, it will be difficult for him to continue his co- chairmanship of the party being head of the state as Pakistanis suffered at the hands of General Musharraf who sided by Q league but coalition could have produced better results.
 
Secondly it will be difficult for him to ensure compliance on ‘Charter of Democracy’ once he will be in a position of unbridled power of 58(2)b to dismiss assemblies and has a power to appoint Chief of Armed forces, in that event it is likely that Parliamentary sovereignty will become a dream. Thirdly, if there are criminal investigations internationally carried on, halted or disposed off for the time being still it  will haunt the man and wherever he will travel as head of the State these stories will follow giving unnecessary bad name and will ridicule the office of the president as well as putting his government on the back foot. Finally the job requires a political consensus as a figure head of the state must remain a ceremonial position and must be brought by consensus though I agree that the ruling party or coalition must have a major say in it.
 
 Looking at all above, I feel Pakistani nation would be much at ease if PPP had reviewed their nomination and jointly could have saved the coalition to come up to the challenges Pakistan is facing which include to bring about a change in common man’s life, true parliamentary military free democracy, rule of law, and justice in the country and create a trust between power brokers of the state. The way things are developing though his contracts may not be holy but the value of his words will be lost if he continues backing out of his written memorandum of understandings with his colleagues. Soon this trust deficit will overpower any dialogue he imitate in future as no one will sit with him as his words will carry a little value and how the international community reacts on his statements when he signs any agreement with them will be crucial too so he needs to keep his credibility intact if he wishes to survive politically.
 
Military dictatorship has long seen the power in Pakistan and its time that a man of clean record, sober approach with political consensus is brought so that coalition or two major parties along with smaller parties get on with the real job firstly to restore sacked judges, eradicate the evils by repealing 17th amendment and work together to make Parliament sovereign. This is the time for the political forces to show that they are able to muster political advantage through a genuine political process. People of Pakistan have always delivered whenever they are given an opportunity whether it is 1947, 1971 or 18th February 2008 if the politicians fail now then country will revert soon towards ever green strategy which has the backing of west which is longer spells of military dictatorships, shorter civil rule followed by accountability of politicians on the name of corruption and nexus of military and judiciary. Political consensus, and joint collaboration is the key if they wish to save the civil system, ensuring a sovereign parliament with an independent judiciary. Powerful Parliament instead of the puppet government must be the aim of like minded pro democracy politicians if they genuinely desire to embark on solving genuine problems of foreign policy, price hike, international food shortage and stability via economic revolution & political reforms. I am afraid as things are moving the current Parliament in last 6 months has not initiated any concrete debate on the issues confronted by the State and its people and an era of 90’s is on the door inviting another general to do a speech as a result of the failure of the politicians and policy of confrontation and I bet there will be sweets all around and Musharraf will start looking better and who will be responsible for all that is a million dollar question.
 
Amjad Malik is a Chair of Association of Pakistani lawyers (UK) a life member of Supreme Court Bar Association and a Solicitor-Advocate of the Supreme Court of England and Wales. 
 
26 August 2008

• Posted by valiantpk on 26/08/2008.
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Double Standards : General Musharraf does not need a safe passage, he merely needs a fair trial

By: Amjad Malik MA, LLM

18^th August resignation of General (rtd) Pervez Musharraf was the first good thing he has done in many years believing ‘Pakistan first’. Nation was jubilant, lawyers at peace and media calmly letting him go, however, political classes are still unsure on how to manipulate the maximum advantage to this joyful experience. Testing nuclear in a tit for tat was seen as the most memorable and historic event when the nation was overjoyed, but the announcement of ‘Kala Bagh dam’ followed by freezing foreign assets divided public opinion so as the mind of investor as the timing of both was wrong. Similarly ouster of President from his occupation of top slot is a favourite moment to start a new Pakistan, but political forces never could learn to manipulate and multiply nation’s happiness just by feeling the pulse. People wishes the accountability of the man who ruined the institutions, damaged the federation, created distrust amongst provinces and above all endangered the national security of Pakistan. What stops this man to be on trial is the weaknesses of our elite rulers. Of course west would wish to allow this man to go scot free as using his 9 years experience or alternately bringing him to face the court of law would both advantage Pakistan as a state, which they would not wish. He carries so much sensitive information about the state that makes his stay in the country desirable and conducive to the good of the country with or without trial as it will take time to debrief him, and at present he is too dear to be allowed out permanently on the premises of preserving national security unless strong undertakings acceptable to security apparatus are available. Musharraf’s  safe exit would keep him safe for future for his masters alone, not for the country.

Its ironic when we compare with what Mark Layall Grant a former British envoy did in order to ease the sufferings of Pakistani President to the very treatment his country gives to its own notorious. In his own land, Ministers are brought to justice and  accountability before Parliament indiscriminately without fail.  A few glimpses will suffice to give full picture. Their General Oliver Cromwell was tried after his death in 1661 for overthrowing Parliament. In autumn 1660 parliament ordered the exhumation and posthumous execution of several regicides and in January 1661 Westminster Abbey was searched for the remains of Oliver Cromwell and others. Three corpses were duly produced and conveyed to Tyburn, where they were hanged and his body was left at the public place for years as an example.  In July 2001, a Millionaire novelist and Tory member of House of Lords Lord Archer has been jailed for four years after being found guilty of perjury and perverting the course of justice. The jury found him guilty of lying and cheating in his 1987 libel case against the Daily Star. The verdicts were unanimous on each count. Lord Archer, who was ordered to pay £175,000 costs within 12 months, was told by the judge he would have to serve at least half of his sentence. In January 2001, The career of Peter Mandelson at the highest political level appeared to be over after his resignation from the cabinet for an unprecedented second time. Mr Mandelson admitted that he had made misleading statements over the passport application of controversial Indian billionaire Srichand Hinduja but denied he had done anything wrong. Mr Mandelson was first forced to quit from the cabinet in 1998 after failing to disclose that he had secretly received a £373,000 loan from his then fellow minister Geoffrey Robinson to buy a house in London. Peter Mandleson resigned in the first and second leg of his Ministerial position for not declaring his loan to the Parliament and for giving misleading statement. In December 2004, David Blunkett quit as home secretary after an e-mail emerged showing a visa application for his partner’s nanny had been fast-tracked. David Blunkett had to resign as the e-mail had said "no favours but slightly quicker". Mr Blunkett said he had not been aware of its contents and insisted he had done nothing wrong. But he said questions about his honesty had damaged the government.

UK believes that courts must remain free to dispense justice otherwise there will be endless feud between the four provinces who speak different languages and share a unique heritage and culture. However, the standards they expect are different for other countries where they would expect their jailed citizens to get pardon as arms can be twisted as was the case in Mirza Tahir Hussain as there were doubts about free trial and free judiciary in Pakistan until Mr. Iftikhar Choudhary came to salvage that status. Whereas no person or state can pressurise the West to interfere their own judicial system and many are detained in Guantanamo Bay without trial. Pakistani authorities always caved in without asking as they devise ultra constitutional measures to avoid involving judiciary hardly knowing that they themselves are undermining the importance of the respect of higher judiciary. In USA though all are hushing on the impeachment of the President Musharraf but they would love to see their Nixons and Clintons to face impeachment if the matter is that grave.

These countries have double standards on the issue of democracy, free judiciary and accountability as they would sack their ministers for claiming train tickets but would love to seek ‘reconciliation ‘ for the corrupts of others only to save them for future for their own national interest. Our politicians under the cloud can easily play double agent role and can serve them well if the time comes, but at no point our politicians think what is in the best interest of Pakistan. Free and independent judiciary is the core of the demands to curb militancy and political process and democracy is the way forward to curb extremism in our views and attitudes. Its the shuffling of the good with the bad and rooting out the criminals through independent judges from the political arena keeping army at guard is the only way the system can work. Pakistan’s military has sniffed 4 times the fragrance of power, they have assumed the sovereignty of the state more than 40 years out of around 61 years of short life of the country. Its difficult to snatch the peg from the military in this Raleigh race however with wisdom, consultation and joint collaboration its possible to preach sanity. If judges are not restored at this juncture in time, the people of Pakistan who have lost trust on the politicians will lose hope too.

There must at least be one trial of General Musharraf for all charges, he must face it and if found guilty he must be sentenced to what he deserves under the law. Only then the pardon issue arises and if not pardoned this ‘endangered species’ should never be allowed to leave Pakistan. We have allowed the foreign interference in our own home affairs for long, and his is the time that the country shows some courage and declare that the time is gone where Afia Siddiqui’s of Pakistan were handed over to foreign country without due process of law, without judicial oversight and in the absence of any extradition treaty, for some dollars. Its time that the local courts are given the respect it deserves. Full court must hear the case of General Musharraf at least for once. If UK hangs their only dictator General Cromwell even after his death, why Pakistan does not deserve to at least put the man on trial who have brought miseries by sacking and detaining free minded judges twice, sending President home, arresting former premier, sacking parliament, imposing emergency twice, killing Baloch leader Akbar Bugti, allowing Be Nazir to die a few miles away from his home due to lack of security, operation in the capital on a mosque, retaining Uniform in politics, allowing missiles to fall in tribal areas at will, and for  selling hundreds to CIA for a few million dollars. At least, Pakistanis deserve to see him on a trial. And even the enemy deserves a dual so he must be given a fair trial, secured entry to court, a lawyer of his own choice and time to get evidence to defend himself. By mere hollow speeches this Nero of Pakistan is not going to be a self declared saviour. Long live Pakistan.    

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK

20 August 2008

• Posted by valiantpk on 20/08/2008.
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UK Lawyers agree with Punjab Bar to work jointly for rule of law and justice in the country

• Posted by valiantpk on 16/08/2008.
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Radicalisation and Muslim youth of UK By: Amjad Malik

Whilst strongly opposing the proposed extension in 42 days detention on terrorism charges, Muslim community is confronted with one of its own self denial whether ‘radicalisation’ exist and or on the increase in the Muslim Youth in Great Britain. I would try to highlight some of the contributory factors which are relevant in order to initiate a debate and or to organise a process to curb such extremism. Newspapers in press and electronic media have left no stone unturned to project Abu Hamza and Omar Bakri as the spokesman of the Muslim community in the last decade where as the good of community were never projected in the same tone. The work of organisations, net work of mosques and activities of Muslims in general are peaceful and law abiding in an atmosphere where they feel vulnerable in general due to first 9/11 and then 7/7 tragic incidents. Trail of terrorism related legislation and finally Government’s untimely discussion over ‘Hijab’, bearded Muslims and forced marriages deprived the opportunity to strengthen the links between ancient civilisations and put emphasis on tolerance and curbing militancy jointly. Whilst Govt. is allowing media for selective negative publicity of this minority whilst other groups are carrying on their work to fuel the fire and recruit young minds towards radical and Islamist activities, though regrettable but a real threat to de harmonise the bilateral community relations. This cornering strategy has portrayed Muslims as a victim in the Great Britain and they lost the drive of self accountability as it was impossible to fight on two fronts. Radicalisation is at increase and yes, Young Muslims aged 16-24 are the prime targets of the radical groups who used annoyance, attitude and their loneliness as an excuse to incite them towards ‘revenge.’ What are the causes of youth falling prey to such outfits is multiple in number and dimensions and we analyse one by one the core reasons:
 
a)    communication gap: there is a generation gap between dual nationals came in 70’s for economic betterment whose only lust was to make economic betterment in their life style abroad and to make their future here and return in good time. Their children do not have such baggage and their priorities have changed from economic betterment to compete with locals, professionalism, football and integration in English culture. This led to individual development other than that of a group. This communication gap and change of goal post in families have caused the biggest rift where living under the same roof, parents sometimes are clueless about the likes and dislikes of their children and children culturally bound are scared to tell the truth. This situation in a few lead to a situation where forced marriages take place too where consent is missing. Language has also played a big barrier in expressing their views rightly, first generation sticking to their mother tongue whereas British youth preferred to speak English, watch football and hang around with their age group. If those young minds are lonely, feel betrayed or have a tragic episode in their lives and they are disillusioned, they have a potential to fall a prey to gang masters or outfits breeding religious lawlessness.  

b)    Lack of community support: Muslim youth do not have any support network where whilst holding their ideas, and belief they could interact with other age fellows and parents at a network which is sound, fool proof and thoroughly supervised by elders of the community. Mosques could have provided that platform but they are themselves enslaved of their sectarian compulsions and religious order thus community net work on ethnic or nationality basis was the only alternative which is mainly preoccupied by pensioners who are unwilling to retire unnecessarily. Thus Muslim youth remain voiceless, without a platform and without guidance and clear objectives. Funding too could be the real reason of the lack of such infrastructure, but to me political will seems more the cause.
 
c)    Lack of governmental support: the main important aspect of young minds to feel neglected is that despite having degrees they are jobless. If they are on the streets they are stopped more, and they are not that obedient as were their predecessors. They know their rights, which are not given easily. Their negative activities are projected more and there is no fund to accommodate young Brits on a forum or a platform where they could express themselves. Young children have NSPCA for protection from cruelty, birds and animals have RSPCA to ensure their welfare but Muslim youth has none, and nowhere to go. Some of the organisations working already in the field need cloned participants and are granted conditional funding which does not help either, as if you do not follow their do’s and don’ts you may not be able to seek membership successfully. I think if Muslims and Pakistani youth is administered as the Jewish community or Indian doctors community or Black African communities have done by their own general public the results would be fantastic, or alternately govt spend some money to provide national outsourcing, a platform where these people can rightly participate as a community. Govt need to support the youth to walk on their feet before they could run on their own.

d)    Foreign Policy reasons: Wars in Iraq, Palestine and Afghanistan are true foreign policy considerations which has forced the young minds to feel neglected at home when their religion sakes are beaten abroad. Commenting on George Bush’s policies is the hobby of Asian or Muslim youth only because of their own treatment, unemployment, lack of preference in jobs in Civil service, judiciary, police force, armed forces and or Parliament at home. Deprivation of young educated minds in the early days of their careers are trapped in red tape polices are devastating and very ambiguous approach of govt on their foreign policy decisions is causing the may hem. 
 
That is the very key which is exploited by outfits at places where such commodity is heavy in number(s) such as outside mosques with leaflets, universities, local deprived areas, crime hubs and playgrounds and they are working freely in UK in disguise, they first speak to youth and then invite them to their gigs and initiate from leafleting to a trap which lead the young minds to their own battlefield. From experience as a lawyer interacting with British youth I regrettably of the opinion that young British Muslims who are studying in their early university days, or unemployed after graduating or living in deprived areas without hope for future are vulnerable and all because of lack of community net work, parental neglect and lack of Governmental support.  Muslim youth suffers due to lonely life style and cultural and religious compulsions which force them to get attracted to the people in masks who in the name of religion teach the kids something which are not in Quran and of which parents have no knowledge of it. ‘Death of a man is a death of a mankind’ is a true version of humanity as per Quran, therefore responsibility is greater to save the coming generations from underlying increasing problem before it’s too late. It’s time that British Government takes true Muslim representatives on board unconditionally without the bribe of peerage or seat in the houses of parliament to tackle the problems confronted by Asian and Muslim Youth. It’s all about winning the hearts and minds in the fight which is being fought all around and Britain is losing so far  and British Government needs to take concrete measures whilst beefing up security, to ensure public safety and steady multi religious & cultural relations of communities in Great Britain. 
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
 
11 August 2008

• Posted by valiantpk on 11/08/2008.
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When Character is lost everything is lost By: Amjad Malik MA, LLM

Civilian rulers are in a fix how to restore supremacy of Parliament, promote rule of law and restore free judges as their deviation from consultation has revived the dying regime of General Musharraf who was once declared ‘endangered species’ by Benazir Bhuttoo but she was turned into ‘Be Nazir’ in a mysterious fashion. Similarly Nawaz Sharif with popularity graph touching high at 86% is the biggest thorn in the throats of old mafia and his life is in such a grave danger as he is antidote of the dictator, the survivor of a clan which carries the torch of Parliamentary Sovereignty thus deserve to be preserved as a national ‘asset’. Without him the country will be left with regional leaders occupying provincial majority under the command of a force which has a history as well as a reputation. In a country where over 55 years of age prime minister material leader representing Federation is by design at threat like Liaqat Ali Khan, Zulfiqar Bhuttoo, Be Nazir, and now Nawaz Sharif which tells the sad story of the state of affairs on civilian front for student of politics and it once again demands the dire need to preserve the politics of principles, the politics of Jinnah.
 
Pakistan is not what Quaid envisaged. Debauchery and profligacy has become a  symbol of status, most of the elite is either drunk or busy counting ill gotten money and lower middle classes are leading the life below the poverty threshold. Nepotism, bribery and recommendation are the salient features of the current day police run society where might is right works as good as in English imperial rule. National resources are  in the hands of a few who play with the destiny of the country. Any new ruler keeps an eye on its gas, coal, and minerals reserves ready to claim a lion’s share. Telling a lie is not at all considered a moral  sin where in majority of the household of rich and influential an innocent child tells the caller on the phone, “papa says tell him he is not at home’ and moral bankruptcy has reined in due to dictatorial attitude in a nation of a 160 million people. Thanks to Generals Ayub, Yahya, Zia and Musharaf as the whole nation depicts a picture of their successful rule and they mirror it in their global psychological analysis and mind set. We all are turned small dictators in our own dens, all because of lack of political system, infrastructure, and basic nurseries where political activity is nourished, groomed and perfected. Individual interest has taken precedence over national interest and we are ready to be divided on the name of cast, area, language, sect  and province. Overall nationalism is all time low especially due to death of Akbar Bugti, Be Nazir Bhuttoo, and war of terror on tribal areas.  
 
Critics argue that we are better off from Nigeria, Bangladesh, and Algeria and so on and one wonders whether these are the comparators one wish to see after attaining the atomic status. Pakistan a wonder land full of natural resources, heritage, and talent where people have a passion to do something great but are confronted with illusions in a leaderless society as the land is being ruined by corrupt elite where middle classes have no direction, no offer for  future and the lack of wisdom has brain drain the country and all the top doctors are either settled in the USA or Canada serving their foreign masters. In fact, amongst them are the kids of the elite top brass who are abroad as the country where they are enjoying luxurious positions is unsafe for their kids at home. If there was any chance of them coming back, that is addressed by making Dr Abdul Qadeer Khan an example with an exemplary punishment so that no one dares to even think of national service as a duty, thus status quo remains. I feel due to their success stories in foreign lands, this reserve force of 8 million souls abroad will one day catch an eye of policy making body bodies in order to attempt to save the institutions from further decline.
 
The country is running on reserve ideas and emphasis is on ‘aid’ not on ‘trade’. Policy making bodies have not encouraged small business operatives to have access to open markets for their business growth including Europe and America. Even Chinese market is not yet open for the Pakistanis at its full scale as it should be. Investors runs when they see bloodshed on the street, suicidal missions and killings on whole sale basis. Our rulers are humiliated on foreign trips when due to lack of wisdom they brieflessly travel with dozens of entourage devoid of specialism and return with threats and a shopping list of what they need from Pakistan, of course with a few million dollars in kitty on each trip for incidental repair work of equipments due to the service they provide. US always played with carrot and a stick with the country since its inception and we are content that we are getting some money out of them. In our tribal areas missile fall like fire works. In fact now our army personnel are slaughtered by fault though it is by default as one man allegedly gave them the tacit understanding to fire at will freely in hot pursuits and they do exactly that without warning or sharing intelligence but no one tells him that he is the cause of the whole mess but who will bell the cat, no one, as Pakistan is for those who dare.
 
Country’s issue is not whether ISI is under Premier or newly found interior Minister. In fact the main issue is whether we can ever learn to start running under any set of principles, a constitution. As it stands there are two sets of system, one being constitutional the other ultra constitutional. History tells that it remained under the second for over 40 years. Political process has lost its ground in a country where military dictatorship has its foot prints on all institutions, political parties and national mind. Military rulers keep control in their hands and trust deficit is on both sides. Politicians lost opportunity like they did in early days post 18 February 2008 elections. This is a time when Pakistan needs a healing touch as too much negativity, and rigidness have affected the original stance on which the state was built. Lets make it better and make a pledge on the time of its independence celebrations that we will turn it into a Pakistan of Quaid e Azam where rule of law, justice and equality prevails. Responsibility lies on all institutions including politicians as the wiser says that if the wealth is lost nothing is lost, if the health is lost something is lost, but if the character is lost everything is lost. Our national character as a nation is at stake, is there any national leader who can dare at least to make an effort to save it.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
 
1 August 2008

• Posted by valiantpk on 31/07/2008.
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Work Permits gone, replaced by a new visa system, a critical analysis By: Amjad Malik

From 25 November 2008, a new visa system is coming into force where by an old work permit scheme which will be scrapped & replaced by a new system in which an employer shares the responsibilities by seeking a licence if he wishes to sponsor a foreign skilled work force. On top of that non EEA skilled workers who come from abroad will need to meet the minimum 70 points to secure entry visa to work for a specific employer in UK. This new regime will be divided into 5 categories, tier 1 deals with highly skilled migrants, and tier 2 deals with skilled workers and it will replace Work Permits scheme, and will change the law towards Minister of Religion, Airport based operational and ground staff, overseas nurses, sabbatical posts, seafarers, researchers, training and work experience scheme, Jewish agency employees as well as overseas news and media representatives who will all be required to successfully secure 70 points. We will focus on tier 2 in this article.
 
Any British Employer and or organisation which seeks foreign skilled workers will have to apply for a four year licence by making an application which will attract a fee of £300 to £1000 subject to size of the business. If an employer secures a band ‘A’ he will be able to issue a ‘certificate of Sponsorship’ akin to work permit himself to a foreign skilled worker who will in return applies for an entry clearance visa from abroad. Securing ‘B’ category will make the employer ineligible for such exercise however they will have 3 months to re attempt to secure Category ‘A’ otherwise they will not be able to sponsor foreign workers. Employer will be required to furnish the required documentation with an application such as company listings, business plan, audited accounts, employer liability and other insurances, certificate of registration with VAT and HM Customs and revenue, bank statements, relevant licences and lease documents and so on to show that they have the capacity, in built system and viability to sponsor and fund a foreign employee. With registration Britain based employers undertake to monitor the system themselves any change in the migrant worker’s professional activity at the place of their business within 10 days as well as authorising UK Border Agency to monitor, audit and do spot checks.
 
On Second stage, all Foreign Employees in the above categories will have to secure minimum 70 points to be able to come to UK to work. There are 3 main categories in which tier 2 skilled workers may come which are 1) intra company transfers if they have worked for 6 months or over in the similar company and or discipline, 2) shortage occupation category list of which will be compiled any time soon by the ‘Migrant Advisory Committee’ which advises to the Home Office Ministry and 3) if the skilled worker meets the ‘resident labour market test’ whereby genuine vacancy exists and an advertisement is placed for 2 weeks to recruit a potential employee from the existing labour market, the requirement will be reduced to 1 week if the salary is over 40,000. They will also have to meet language and maintenance requirements which will be compulsory and carry 10 marks each. Now the chart for any potential foreign skilled worker who is seeking 70 marks is as following :
 
·         Certificate of Sponsorship Category, (any one) : 1) ICT(Intra Company Transfers 30 marks), 2) Shortage occupancy (50 marks) and 3) RLMT(Resident Labour Market Test: 30 marks);
·         Section B: Maintenance (10 Marks) if you have minimum amount in your bank which is £800 a month for 3 months per applicant;
·         Section C: Language, A1 of council of Europe scale or equivalent , however no requirement of stringent language condition if it is an intra company transfer (10 marks);
·         Qualification (any one): NVQ level 5 marks, Bachelor or Masters 10 marks and PhD: 15 marks;
·         Prospective earnings: 17,000 plus  5 marks, 20,000 plus :10 marks, 22,000 plus:15 marks and 24,000 plus will carry 20 marks.
 
Looking at the above stringent conditions attached to this new system, it will have a huge impact on hospitality and catering industry as Chef’s and cooks rarely get a pay of £24,000 and they may not be classed as shortage occupancy which will deprive the food industry of the opportunity of tasting one of the best Indian curry and Chinese food which in true sense made the revolution in changing attitudes towards food culture. It replaced the fish and  chips culture to ‘chicken tikka masala’ which was voted as one of the best selling dish of the country.
 
Having said that there is no harm in applying a robust approach towards eliminating scrupulous employers who make applications without thinking and there were numerous complaints about impropriety in the past in that culture at the hands of gang masters or organised crimes criminals and trafficker mafia. Government’s un thoughtful policy of seeking thousands of migrant workers under a ‘sector based scheme’ failed bitterly and there are no concrete figures as to how many returned.  In March 2006 the Home Secretary suddenly announced that the Sectors Based Scheme (SBS) would close by the 31 December 2006. Whilst immigration remains on agenda on most of the political parties in UK, a thoughtful approach to tackle the problem is the dire need of the time and if curry chefs are not included in the shortage occupancy, then Britain will lose the taste of one of the finest Indian, Chinese and Bangladeshi cuisine which is a hall mark of modern day Britain as everyone may not afford to go to Gordon Ramsey’s.
 
A word of wise to thousands of British employers, Mosques, temples, airlines, news channels, agencies and newspapers and all those who seek foreign employees must act quickly as after 25th of November they may not be able to bring their foreign skilled workers as desired if they are not licensed. Though there will be transitional arrangements in place to accommodate existing foreign work force, however thousands of work permit holders who are already in the country working in different sectors must seek advice in order to properly continue to stay in UK upon expiry of their current work permits, visas and or permit free employment or training as the goal post will change all of a sudden without notice. Time is short and both employer and foreign workers need to act promptly before its too late.
 
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) , has done LLM and a Member of Immigration Law Committee of The Law Society of England & Wales
 
18 July 2008

• Posted by valiantpk on 18/07/2008.
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