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April 15 Dawn Editorial and Opinion
April 15 Dawn Editorial and Opinion
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IN a major policy decision, the Sindh cabinet has approved a draft law for the
creation of the first provincial electric power regulatory authority — or the
provincial equivalent of Nepra. The establishment of the proposed ‘Sindh
Electric Power Regulatory Authority’ is billed to change the dynamics of
power-sector governance in the country and eliminate Nepra’s role in the
development of generation projects and tariff determination in the province.
It will also allow the Sindh government to encourage the use of the cheaper
local resource of Thar coal for power generation and to exploit its renewable
and cleaner energy potential of wind and solar for producing affordable
electricity. Sepra’s creation, provincial ministers say, will “improve energy
equity and eliminate energy poverty” in Sindh, besides ending its
dependence on the centre for determining tariffs for future generation
projects in the province.
Sindh’s decision to have its own electric power regulatory body is driven by
Nepra’s incompetence. But the immediate stimulus has apparently come from
Nepra’s decision to exclude cost-effective generation projects, including wind and
solar power, from the NTDC’s Indicative Generation Capacity Expansion Plan, 2022,
in order to make room for expensive hydropower schemes in KP and elsewhere in
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the country. The provincial authorities had raised concern over the controversial
Nepra decision at that time but the national regulator perhaps did not have the
will or competence to fulfil its responsibility of rejecting expensive projects. No
wonder Sindh’s energy minister told journalists after the cabinet’s approval of the
proposed Sepra bill that the province was facing certain constraints in encouraging
cheaper electricity and ending power shortages in the province within the national
framework. Hence the province’s decision to take regulatory control of future
power production, tariff determination, transmission and distribution projects into
its own hands. Ideally, regulatory functions should be centralised at the national
level. But when national bodies fail to function in the interest of all stakeholders,
they lose their legitimacy.
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This would not be an advisable course. Despite the Afghan Taliban’s intransigence
and lethargy in cracking down on their ideological comrades, it would be unwise of
Pakistan to unilaterally cross over into a sovereign nation to strike at the terrorists.
Violating another country’s borders to go after terrorists will only complicate
matters. That the suggested option apparently did not come up for discussion in
yesterday’s in camera briefing, may be a sign that other avenues are being
explored to weaken the militant base. However, Pakistan must be firm with Kabul’s
rulers and hold them to their earlier promise of preventing terrorists from using
Afghan soil to launch attacks against other countries. To build up pressure, the
authorities here should work with regional states to send the same message to
Kabul — after all, it is not only Pakistan that faces a threat from militant groups
next door. At the same time, the state should not renege on its resolve to not hold
talks with the militants, as long as they continue with their unconstitutional
demands — such as rolling back Fata’s merger with KP. One hopes that lessons
have been learned this time — the previous military leadership was in favour of
talking to the TTP — and that the state and government show commitment to the
goals set by NAP/NAP II so that terrorism can be eradicated.
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For shame
Editorial Published April 15, 2023 Updated about an hour ago
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‘TOMORROW, and tomorrow, and tomorrow creeps in this petty pace.’ The
people must continue their wait; the country’s elites are not done playing
their games. Never before has it been more evident that the institutions
meant to be keeping the country together have no qualms about ripping it
apart from within. As they continue to fight, a dark despondency suffocates
the air. Hope for a turnaround in the country’s fortunes falters and may soon
be snuffed out. After Thursday’s ruling from the Supreme Court, it is clear
that there are no rules in play. Each branch of the state is defiantly operating
well out of its bounds, seemingly only to spite the other. Nothing seems to
give, despite warning after warning that the country will take years to
recover from the current mess if those responsible do not stop starting fires
they cannot possibly contain.
It has been difficult for ordinary people to keep up with each sordid twist of the
tiresome war in Islamabad. For many, an unshakable dread of the future and the
hunger gnawing at their insides are the only ‘real’ outcomes of the institutional
clashes that have dominated headlines over the past year or so. Their frustration is
not going to be tempered by drawing their attention to the nuances of the power-
sharing arrangement between the branches of the state. The crippling helplessness
the majority undoubtedly feel right now will eventually give way to rage against
the status quo. If the people start feeling like they have nothing left to lose, chaos
and violence will follow. This is a situation that must be avoided at all costs. Our
judges, generals, politicians and bureaucrats ought to be ashamed. Their self-
serving ambitions and blind pursuit of power have been a blight on this nation.
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Their continued bickering will wreck the country. Pakistan cannot afford more of its
citizens turning against the state. Those responsible for ensuring this country’s
well-being would do well to heed that warning.
Opinion
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Pakistan has one of the highest per capita number of lawyers in the world. If you
have a hammer in your hand, then everything looks like a nail — if litigation is all
that you know, then everything has to end up in a court. Litigation means a
dispute, and disputes are never good for businesses. In advanced economies,
litigation is just one area of law practice — it is never the entire law practice. Since
litigation is not the livelihood of those lawyers, instead of disputes, they want more
and more business transactions which generate more and more fees for them.
More business transactions translate into more economic growth for the country
and more prosperity for the lawyers. The legal practice in Pakistan is yet to catch
up with this reality.
Our judges generally lack independence and capacity. In the World Justice
Project’s Rule of Law Index, Pakistan’s overall ranking is 129 out of 140 countries. In
the fundamental rights category, it is 123/140 while in civil justice it is 125/140.
Although the canons of professional conduct require lawyers to plead their client’s
cases with zeal, devotion, and fearlessness, this is only a myth in Pakistan. On
account of the lack of accountability of judges, our lawyers have become
dependent on their goodwill to win cases instead of fighting on the merits of their
cases. It is not uncommon for a lawyer to throw his client’s case or not to
vigorously pursue it, if the judge is predisposed. A lawyer has several cases fixed
before the same judge and it may be sensible for him not to displease him. At
times, the lawyers are reluctant to even go into appeal, fearing the displeasure of
the judge against whose decision the appeal is being filed. Sadly, the clients
remain clueless about these invisible dynamics.
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Not many lawyers will publicly comment on the capacity of our judges for some of
the reasons explained above. A judge who dislikes a lawyer can effortlessly destroy
his career by denying relief to his clients or by simply keeping his cases pending
indefinitely. The ultimate remedy, although illusionary, is before the Supreme Court
and now there is a waiting period of around three years before an appeal comes
before it so a smart lawyer would simply keep his mouth shut.
PAKISTANOPINIONBUSINESS
The writer is the author of Pakistan: Principles of Public Policy Redefined – How to
fast track progress and win over citizens.
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PAKISTAN’S economy has been in crisis for a large part of its existence.
However, a stage has now been reached where personal, party and
institutional interests and differences ought to be restrained and all
stakeholders need to agree to some basic principles and policies. The
recognition has been there and there has been much talk of a charter of the
economy in political circles. Yet, there has been little discussion on what the
salient features of such an agreement would be. Here is an attempt to outline
the broad contours of a possible charter:
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16. National and provincial development strategies and plans will be made
domestically. Foreign supporters may offer to fund a part of these. In
the future, this ought to be the model for foreign assistance, if needed.
17. Balochistan and former Fata will receive special considerations and
investment for their development needs to give them equitable
opportunities as citizens of this country.
18. At present, highly educated workers have a much higher
unemployment rate than the national average. When properly
informed about work opportunities, after completing basic education,
most students are expected to opt for high-quality, market-driven
vocational skills training. Higher education institutions will cater to a
more competitive student body and focus on producing the country’s
requirements in science/engineering, agriculture, industry, IT and other
fields.
19. A productive and efficient economy requires a healthy workforce. The
state will, therefore, make every effort to organise quality healthcare
for all.
The writer is the author of Pakistan: Principles of Public Policy Redefined — How to
fast track progress and win over citizens.
zua2@cornell.edu
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A malleable charter
Javed Jabbar Published April 15, 2023 Updated about 2 hours ago
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The writer is a former senator and federal minister and author of, among other
books, Pakistan — unique origins; unique destiny?
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Like a pendulum that swings from one extreme to the other, so too did the original
1973 version undergo a 180-degree shift, with such shifts lasting years, not
seconds. Starting with a head of state who was a ceremonial decoration without a
single discretionary power — except for the authority to grant mercy petitions —
the prime minister’s imbalanced, all-powerful position was in full play till July 4,
1977. Indeed, one of the basic reasons for the 1977 upheaval was the excessive use
of prime ministerial power for five years. The PM’s dominance was suspended
under martial law onward of July 5, 1977 — when the chief martial law
administrator became the supreme executive authority. This was reinforced after
president Fazal Elahi Chaudhry’s exit in September 1978 when the CMLA became
president while remaining COAS/CMLA.
When Junejo became PM on March 24, 1985, the president’s powers were only
partly eroded. Even with the end of martial law on Dec 30, 1985, the pendulum
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stayed on the president’s side because the Eighth Amendment earlier in 1985 had
bestowed Article 58(2)(b) on the president, enabling the dismissal of the PM and
dissolution of the legislatures at the president’s discretion. It took 12 years for the
13th Amendment in 1997 to delete this provision. During military regimes, the
superior courts were able to entertain writs and petitions, and adjudicate on civil
legal matters.
A sign of semantic confusion even in 2023 was evident when, on March 29, 2023,
during an interview on a TV channel, the present head of state, and the interviewer,
referred to the multiple ‘abrogations’ of the Constitution, while both also
acknowledged its durability! ‘Abrogation’ means ‘repeal’ or to ‘do away with
(permanently)’. It should be remembered that the 1973 Constitution was never
‘abrogated’ de jure. It remained partly in place during both the military regimes of
1977-1985/1988 and 1999-2002/2008. Which is why petitions challenging military
intervention were heard and judged in the Supreme Court.
In 1985, for example, the Eighth Amendment actually introduced changes in about
65 articles through modifications, omissions, deletions, additions and links to other
articles. Where the intention to introduce purposeful references to the Constitution
in the education curriculum is laudable, such texts should also inform students
about its charming malleability under both civilian and military rulers.
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The writer is a former senator and federal minister and author of, among other
books, Pakistan — unique origins; unique destiny?
www.javedjabbar.net
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Enhancing skills
Neda Mulji Published April 15, 2023 Updated about 2 hours ago
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THERE’S talk about bringing change to school culture. With online courses
available for professional development, there are programmes mushrooming
at many schools which provide new opportunities for teachers.
For school management, this implies assessing the gaps in teaching practices, and
targeting training. New teachers who step into school mostly get by on
generalised learning off the internet. After all, we cannot give a helicopter in the
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hands of a novice pilot who has watched a few detailed videos of take-off and
landing.
Twentieth-century teachers who once believed that students can ace their
academics if only they learned to ‘listen carefully’ are no longer relevant. Artificial
Intelligence has now stepped in to replace the note-taking skill, the organisation
and structure skill and the summarising skill. Interestingly, students still need to
know what they are looking for and must be able to ask relevant questions to
glean the maximum benefit from apps that provide learning support. When
students use blended-learning platforms, teachers must be able to spur the
students’ curiosity to explore and learn on their own.
Short online sessions can teach effective classroom techniques for a particular
subject. In-person extended training courses may develop a novice teacher’s ability
to plan lessons, manage classes and implement curriculum demands. Workshops
that allow reflective practice help the 21st-century teacher keep up with best
practices.
In our society, where teaching and learning has evolved at a relatively slower pace
compared to global dynamics, teachers need to prioritise digital literacy. Digital
tools are the quickest and most effective way of keeping abreast of developments
worldwide, provide access to pedagogical research and best practices, and enable
teachers to collaborate with each other.
The real value of online professional development comes from built-in technology
that allows resources and recordings to be preserved, shared with the wider school
community, and revisited anywhere, anytime. It allows teachers to have access to
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expert knowledge from their own and other countries and provides a ring-side
seat to different ways of responding to curriculum demands.
When the benefits start percolating down, the ethos of the school begins to
change. There is a new-found tendency to regard innovation with respect rather
than intimidation. While training cannot ensure that every teacher becomes great,
it serves the critical function of fostering a school-wide culture of learning.
Teachers who get such opportunities feel valued by their school, and this improves
motivation. Training together increases collaboration between colleagues. Just like
Lego, the pieces come together albeit after a great deal of labour.
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