26 November, 2009

None So Blind as Those That Will Not See - Great Britain's Support of the Rwandan and Ethiopian Governments an Insult to Universal Human Rights Norms.

Human Rights Watch
Op-Ed
By Jon Elliot
26 November 2009

Britain's ambassador to Rwanda, Nicholas Cannon, gave a revealing insight into British policy on Rwanda in his interview with the Rwandan News Agency (RNA) on 17 November.

British aid to countries like Rwanda and Ethiopia involves significant sums in budget support. In Rwanda's case, this is general budget support, with British taxpayers' money given directly to the central government. As Human Rights Watch and others have long documented, the Rwandan and Ethiopian governments are de facto one-party states. They may allow artificial space for civil society and limited or "in name only" political opposition, but the government and the ruling party are one and the same.

This UK budget support is supposed to underwrite social and economic development. The problem is that it is dispensed with minimal regard for the human rights and governance context. In Rwanda and Ethiopia, especially, independent international groups like Human Rights Watch are increasingly concerned that this kind of aid is underwriting repression.

Britain believes that its aid to Rwanda is morally irreproachable because the stated aim is helping the poorest. Who could reasonably argue with that? The problem lies not in intentions but in execution, and failing to understand the consequences of large sums being handed to authoritarian states without sufficient conditionality.

For one thing, this kind of aid can fuel a massive official patronage machine that includes the power to appoint - and dismiss – officials, channel aid to areas that support the ruling party and away from those that do not, fix the composition of election and other official commissions, and manipulate the composition of parliament and the judiciary. This particularly debilitating form of official corruption is used by repressive governments everywhere to marginalise civil society and eliminate opposition. In countries like Rwanda and Ethiopia, the state (ie, the ruling party) also tends to become the biggest employer.

British officials say that accountability in Rwanda is about preventing aid from being diverted to private bank accounts. It should be about ensuring that citizens have genuine power over issues that affect their daily lives and the means to make the state responsive to their needs. In de facto one-party states like Rwanda and Ethiopia, budgetary aid actually risks making citizens accountable to their ruling parties. Both countries have poor records when it comes to basic freedoms, never mind free and fair elections.

Many in the human rights community see similarities between British aid policy towards states like Rwanda and China's approach to Africa. China's policy is more cynical, propping up unaccountable elites to suit its political and economic interests. It openly dismisses human rights concerns. Mr. Cannon says the UK is different because, for example, it has an intense dialogue with the Rwandans on "problems" in the country. Unfortunately, no-one can independently check that assertion. And Mr. Cannon undermines his own argument by saying that there are "very, very few areas in which you could say there were differences of opinion (between Rwanda and Britain)." He and his government will not even say publicly what they think Rwanda's governance problems are.

Actions speak louder than bland assurances. The UK and other governments have repeatedly turned a blind eye to Rwanda's repression. They kept quiet about last year's Parliamentary elections despite ample evidence of intimidation and fraud. They have stood by as the ruling RPF party has systematically harassed independent journalists and attempted to muzzle the press though a new draconian media law. There has been no meaningful insistence that Kigali amend its "genocide ideology" law that is so broad it makes almost any kind of criticism of the RPF illegal.

Donors have also done next to nothing while human rights defenders and moderate critics of the RPF are intimidated and forced to leave the country and as RPF officials openly interfere in court proceedings. And then there is Rwanda's ongoing and negative role in eastern Congo. Instead, Western officials spin tales about democratic transition, transformation and Rwanda heading in the right direction. Britain has even signed a new long-term budget support deal with the RPF without any meaningful governance benchmarks. British taxpayers should be asking more questions.

In his interview with RNA, Mr. Cannon also misrepresented Human Rights Watch's position on Rwanda's application to join the Commonwealth, which is likely to be approved in the next week or so at a summit in Trinidad and Tobago. He quotes the late Dr. Alison Des Forges, Human Rights Watch's senior Africa advisor and the world's leading expert on the Rwandan genocide, as supporting Rwanda's petition. Dr. Des Forges had four decades of experience working in the region and understood better than most foreign diplomats in Kigali the historical and political context of Rwanda. She frequently expressed concerns about the lack of rule of law, democratic principles, and freedom of expression in Rwanda. The RPF responded by barring her from the country in 2008.

Dr. Des Forges and her colleagues have urged the Commonwealth to insist that Rwanda make meaningful reforms before deciding on the application. She shared some of the concerns of the Commonwealth Human Rights Initiative (CHRI), which determined Rwanda did not meet the membership criteria. Mr. Cannon criticises the CHRI and instead says a report produced by the Commonwealth Secretary-General's office backs Britain's official support for Rwanda's application. The problem is that the Commonwealth Secretariat says it will not publish this report. Why the lack of basic transparency if its arguments are so overwhelming?

The Commonwealth, like any organisation, has common rules that it expects members to respect. Former Jamaican Prime Minister P.G. Patterson was asked before the 2007 Commonwealth summit in Kampala to recommend benchmarks for assessing future applicants that – like Rwanda - lack historical connections to Britain's former colonial empire. He concluded that such applicants should be considered on a case-by-case basis but that all had to comply with the values, principles and priorities set out in Commonwealth declarations made over the years, among other things a commitment to democratic processes, free and fair elections and representative legislatures, the rule of law, protection of human rights, and freedom of expression.

Others have said that Rwanda should anyway be admitted to the Commonwealth so that it can be helped to improve on its problems. The precedents are not good. The same argument was used before Cameroon joined a while back; yet, under President Biya, Cameroon remains as authoritarian and as disrespectful of basic human rights as ever.

Of course, Mr. Cannon is the messenger in all this. Real responsibility for donor policies lies in their capitals. No-one is suggesting that Western governments should engage in unbridled megaphone diplomacy when confronting Rwanda's negative governance and human rights trajectory. But a bit more honesty and transparency would be a good start. There are some welcome, if tentative and long overdue, signs of this in British statements on Ethiopia.

But if Western donors continue to choose "quiet diplomacy" in Rwanda and Ethiopia they also have to show tangible results and account for these to their own taxpayers. The record to date is tacit appeasement of the RPF's repressive rule in Rwanda – even defending its more egregious behaviour. Sadly, this is just what we have learned to expect from Beijing.

Jon Elliott is the Africa Advocacy Director of Human Rights Watch.

Museveni, Bahati, named as members of US ‘cult' called "The Family."

The Observer
25 November 2009

President Museveni, Ethics Minister Nsaba Buturo and MP David Bahati have been linked to a shadowy religious fundamentalist group in the United States known as the ‘The Family’.

The group, comprising a number of influential congressmen, senators and other people in strategic positions, works secretively to promote its political, economic and religious ideas, some of them controversial, in the United States and across the world.

According to journalist, academic and author Jeff Sharlett, who has spent years researching on The Family, its core agenda includes fighting homosexuality and abortion, promoting free-market economics and dictatorship, an idea they once termed “totalitarianism for Christ”.

It recruits people in positions of power and influence to promote its agenda and, according to Sharlett, the group has had its sights on Uganda for over 20 years. He also says the group is behind the anti-gay legislation recently tabled in Parliament by Ndorwa West MP, David Bahati, which proposes the death penalty for men who have gay sex with disabled people, under-18s, or when the accused is HIV-positive.

In an extensive interview with National Public Radio (NPR), a privately and publicly funded non-profit radio network in the United States, Jeff Sharlett said that The Family identified President Museveni as their “key man in Africa” in 1986.

Individuals working for both the US government and The Family, he said, undertook trips to Uganda “to reach out to Museveni to make sure that he came into the American sphere of influence [and] that Uganda, in effect, becomes our proxy in the region”.

“They wanted to steer him away from neutrality or leftist sympathies and bring him into conservative American alliances, and they were able to do so. They’ve since promoted Uganda as this bright spot - as I say, as this bright spot for African democracy, despite the fact that under their tutelage, Museveni has slowly shifted away from any even veneer of democracy: imprisoning journalists, tampering with elections, supporting - strongly supporting this Anti-Homosexuality Act of 2009,” he said.

Describing Museveni as a “core” member of the group, Jeff Sharlett alleged that President Museveni visits, spends time and “sits down for counsel” with Doug Coe, the leader of The Family, at the group’s headquarters at a place called The Cedars in Arlington, Virginia.

This Doug Coe, with whom Uganda’s President reportedly consults, is the same man who believes that ruthless dictators such as Hitler, Stalin and Mao mirror Jesus’ central message on power. Sharlett says that Core members of The Family participate in deciding the group’s agenda, a privilege not enjoyed by other members of the group.

More power, less love

One of The Family’s central ideas, according to Jeff Sharlett, is that Jesus Christ’s message was not about love, mercy, justice or forgiveness. Rather, it was about power. The group says that Jesus didn’t come to take sides, he came to take over.

“Doug Coe, the leader of the group, tries to illustrate this, for instance, by saying, sort of posing a puzzle: name three men in the 20th Century who best understood that message of The New Testament. And most people are going to say someone like Martin Luther King, or Bonhoeffer; or maybe the more conservative, they can say, [evangelist] Billy Graham.

And Coe likes to give an answer - Hitler, Stalin and Mao, which just makes your jaw drop. And he will say - he’s quick to say these are evil men, but they understood power. And that message recurs again, and again, and again in The Family,” Sharlett said.

Sharlett, who spent time within The Family as an undercover researcher, given access to its leaders and archives, said that the group actively promotes dictators in pursuit of its economic and other interests. Because of its influence in Washington, the seat of the American government, foreign leaders find it in their interest to associate with the group.

Senator Tom Coburn, who also sits on the Senate Arms Forces Committee, is quoted to have said he has been on a mission to Uganda to “promote the political philosophy of Jesus as taught to him by Doug Coe.”

The group, Jeff Sharlett told NPR, creates “an invisible believing group of God-led politicians who get together and talk with one another about what God wants them to do in their leadership capacity. And that’s the nature of their relationship with Museveni.”

The Family, according to Sharlett, helped the Museveni family and other top politicians to start the annual National Prayer Breakfast in Uganda, to which it sends representatives, as a parallel to the United States National Prayer Breakfast the group has been running since 1935. This is the only group’s public event, which it uses to recruit new members.

The US National Prayer Breakfast has been attended by all American presidents since the 1950s.
Jeff Sharlett says he has established in recent investigations that the group has been channeling money to Uganda to promote its activities, including the anti-gay Bill.

Following paper trails, he discovered that the money was channeled through an “African leadership academy” called Cornerstone which runs a Youth Corps programme described as an “invisible family binding together world leaders” and an organisation called the “African Youth Leadership Forum” associated with MP David Bahati.

“The Family has poured millions of dollars working through a very convoluted chain of linkages passing the money over to Uganda,” he said. According to Jeff Sharlett, in Uganda, Museveni, Buturo and Bahati are not merely under the influence of The Family but they are, in effect, The Family.

The Observer tried to get MP Bahati to shed some light on these claims but he could not be reached on all known telephone numbers. Neither could we speak to Ethics and Integrity Minister, James Nsaba Buturo, as he did not answer his phone.

Presidential Press Secretary, Tamale Mirundi, said he was neither aware of an organisation called The Family nor of any relationship between it and President Museveni. But should such ties exist, Mirundi said, he would not be surprised.

“What would amaze me is if the President were associated with a group that is pro-homosexuality,” Mirundi told The Observer by phone. “But if the President is associated with a group opposed to homosexuality [I would not be amazed] because he has made his position on homosexuality very clear.”

Cash and sex

While The Family claims, on the surface at least, to promote family values, some of its more influential members have been ensnared by high-profile sexual scandals. In the latest scandal, Senator John Ensign of Nevada is alleged to have had an affair with the wife of a top aide, Doug Hampton and, on the advice of The Family, tried to buy Hampton off with $1.2 million.

The Family, also known as The Fellowship, was founded in the United States in 1935. According to its founder, Abraham Verene, God came to him one night in April, 1935, and told him that Christianity has been focusing on the wrong people, the poor and the suffering, “the down and out”.

He commanded him to be a missionary to and for the powerful, the “up and out”, who could then pass off the blessings to everybody else. The group does not maintain a website and prohibits its members from speaking about its activities.

Jeff Sharlett’s 2008 bestseller, The Family: The Secret Fundamentalism at the Heart of American Power, is the most comprehensive expose of the group yet.

newseditor@observer.com

Ethiopia to offer 14 oil permits next year.

Sudan Tribune
26 November 2009

Ethiopian government is preparing to offer 14 oil and gas exploration permits next years to attract foreign investors to the landlocked country despite the shaky security conditions there.

There are 11 oil firm working the Horn of Africa country but excepted the Malaysia’s state owned Petronas, the oil sector in Ethiopia remains dominated by small companies which facing difficulties to get credit for financing under the current global financial crisis.

"We are still inviting companies to come talk to us about licensing and we hope to have a total of 25 in three year’s time, and that will be enough," said Alemayehu Tegenu Ethiopian Minister for Mines and Energy in an interview with Reuters this week.

The government believes the Ogaden basin, which covers 350,000 sq km (135,100 sq miles), contains gas reserves of some 4 trillion cubic feet. Officials point to neighboring countries such as Sudan and Yemen as evidence there could be major oil deposits under Ethiopia’s deserts.

The minister further pledged that his government would offer incentive packages to companies but added it would depend on the size of the investment.

"Incentives that we can discuss include duty-free imports of machinery and refunds of exploration costs should oil or gas be discovered," Alemayehu said.

He also dismissed reports about threats by the rebel Ogaden National Liberation Front adding there would be five basins out of the troubled region.

"There was an attack in 2007 but companies exploring Ogaden are now secured by our military," he said. "We don’t see any problems near our camps and exploration areas. The rebels make claims that aren’t reflected on the ground."

Ogaden rebels attacked an oil field in April 2007 where the separatist group killed 74 people, including nine Chinese employees of Zhongyuan Petroleum Exploration Bureau, part of Sinopec, China’s biggest refiner and petrochemicals producer.

25 November, 2009

Ethiopia signs gold mining deal with Saudi company.

Mineweb
24 November 2009

Ethiopia signed a deal on Tuesday for a Saudi firm to extract an estimated 20 tonnes of recoverable gold found in the Horn of African country last month, the mines and energy minister said.

Two firms -- Saudi Arabia's Midroc Gold Co. and Britain's Golden Prospecting Mining Co. -- discovered deposits estimated to contain more than 40 tonnes of gold last month and applied for extraction licences.

"We will sign an extraction agreement with the Saudi company today," Minister for Mines and Energy, Alemayehu Tegenu, told Reuters in an interview, adding it would be mined over 11 years.

"We hope to sign an agreement with the British company next year," he said.

The minister said Sakaro, a mining company wholly-owned by Midroc Gold Co., discovered an estimated 20 tonnes in the Lege-Dembi gold belt. Midroc is owned by Ethiopian-born Saudi business tycoon Sheik Mohammed Hussein Al Amoudi.

Golden Prospecting Mining's find of about 23 tonnes is in western Ethiopia.

Under the terms of the deal, Ethiopia gets 5 percent of royalties, takes 2 percent equity and will charge 35 percent tax. The extraction licence expires once 20 tonnes of gold has been extracted.

The Ethiopian government says it has identified possible reserves of up to 500 tonnes in different regions.

The country now makes $105 million a year from gold exports and that could double when Midroc starts its extraction, Alemayehu said.

The Horn of Africa nation has made $450.5 million from about 48 tonnes of gold exports in the last 10 years, according to the National Bank of Ethiopia. (Reporting by Barry Malone; Editing by David Clarke and Anthony Barker)

ICTR dismisses IBUKA boycott threats.

25 November 2009

The International Criminal Tribunal for Rwanda (ICTR) has defended the judicial process and principles of law over the threat by the umbrella body of genocide survivors in Rwanda (IBUKA) to halt co-operation with the UN Tribunal following last week’s two acquittals of 1994 genocide suspects.

IBUKA on Friday held a demonstration in Kigali against what they subjectively described as “malpractices” by the ICTR and threatened to stop co-operation with it.

“It’s not the first time that an acquittal has occurred and acquittal is a normal process within the justice system,” Roland Amoussouga, ICTR spokesman said Monday, adding that the judges decisions are not made on the basis of vested interests.

“They are based on due process, equity, fairness, transparency, the principles of law, evidence produced and the merit of arguments made by the parties during the judicial proceedings,” he said.

The ICTR spokesman defended the judges, saying they were of high professionalism and integrity. “They are above all independent. It would be wrong for anyone to attack the integrity of the ICTR Judicial process without due regard to the work that is being done,” he stressed.

Amoussouga explained that an acquittal could occur anywhere, including Rwanda. “One may understand the frustrations of some people, but this should not be the ground for undermining the integrity of the judicial process and for preventing justice from being rendered to all the victims, suspects, accused persons and the mankind,” he underscored.

“We are all against ICTR’s decisions. Releasing genocide perpetrators is outright denial of genocide, releasing a person like (Protais) Zigiranyirazo, (Emmanuel) Bagambiki, Andre Ntagerura, Ignace Bagilishema, Gen Gratien Kabirigi and others, proves injustice and we are against this, we are protesting this,” New Times quoted a demonstrator chanting from a loudspeaker on Friday.

IBUKA has threatened to end all cooperation with the Tribunal – including stopping to send any more survivors to testify at the court. Protestors demanded Friday that government blocks all ICTR investigators from coming into the country.

On November 16, the Appeals chamber reversed 20-year sentence imposed on Protais Zigiranyirazo, brother-in-law of former Rwandan President Juvenal Habyarimana, and instead acquitted him of 1994 genocide charges. The Chamber, presided by the American judge Theodor Meron, ordered an immediate release of Zigiranyirazo.

The upper chamber traced to errors by the lower court when sentencing the suspect in December 2008.

The ICTR lower court ordered immediate release of former head of College Christ-Roi, Father Hormisdas Nsengimana, 55, after finding him not guilty on November 17.

In reaching its conclusions, the Chamber stated that it had assessed all the evidence of the prosecution. ‘'They do not establish Nsengimana's criminal responsibility or impact the Chamber's findings,'' stressed presiding judge Erik Mose from Norway.

Text of Balochistan package presented in Pakistani parliament.

Following is the text of the Aghaaz-e-Huqook package presented by Senator Raza Rabbani.

24 November 2009

Preamble

"Conscious, that the provinces have a sense of deprivation, in political and economic structures of the federation;

Recalling, that the provisions of the 1973 constitution in particular relating to the federation-province relationship have been circumvented;

Stating that the financial assistance given by the present federal government in terms of Rs 4.6 billion PSDP support, Rs 2.8 billion paid as arrears of royalty for Uch – pending since 1995, Rs 17.5 billion overdraft of Balochistan written off, realising that this is not a substitute to provincial autonomy;

Acknowledging, that the question of provincial autonomy needs to be revisited and the ownership of the provinces over their resources reasserted in the constitution;

Mindful, of the tumultuous history of the province of Balochistan in the affairs of the federation;

Placing on Record that the present federal government has withdrawn cases and released political workers and helped in identifying the places of detention and release of some of the missing persons;

Determined, to correct the wrongs of history, by conferring the political, economic and cultural rights of the provinces, so that the federation may blossom, and;

Recalling, the documents made from time to time, namely The Shaheed Mohtarma Benazir Bhutto Reconciliation Committee Papers, the interim reports of the Wasim Sajjad and Mushahid Hussain Sayed committees of the Parliamentary Committee on Balochistan, headed by Chaudhary Shujaat, proposals made by the Balochistan chief secretary and the proposals of Mian Raza Rabbani.

The following "proposals" are made:

A. Constitutional-related Matters

1. Constitutional Reform: In terms of the resolutions passed by parliament, the speaker has constituted a parliamentary committee. The said committee has commenced work of considering various amendments in the constitution, including on provincial autonomy, this should be immediately addressed;

2. Constitutional Reform: The quantum, form and scope of provincial autonomy will be determined by the Parliamentary Committee on Constitutional Reforms, which represents all shades of political opinion in parliament. The following provisions of the constitution on provincial autonomy are under consideration of the committee; (i) Deletion of the Concurrent List from the Fourth Schedule of the Constitution; (ii) Deletion of the Police Order, 2002 and The Balochistan Local Government Ordinance, 2001 from the Sixth Schedule of the Constitution; (iii) Effective implementation of Article 153 of the constitution, Council of Common Interests; (iv) Implementation of Article 160 of the constitution, NFC Award; (v) Implementation of articles 154, 155, 156, 157, 158 and 159 of the constitution.

3. Restructuring of the NFC Award criteria: In the past, the formula was based on population. This has been changed and other criteria such as inverse population ratio, backwardness, poverty and resource generation need to be taken into consideration.

B. Politically-related Matters

4. Release of Political Workers: The federal government in consultation with the provincial government should immediately release all political workers, except those charged under heinous crimes;

5. Political Dialogue: Immediate to the acceptance of all the proposals contained herein, initiation of a political dialogue with all major stakeholders in the political spectrum of the province, to bring them into the mainstream politics.

6. Return of Exiles: The political exiles who return to Pakistan will be facilitated. (Except those involved in acts of terrorism).

7. Provincial Assembly Resolutions: The unanimously passed resolutions of the assembly from 2002 until date, related to the province, be implemented within the legal framework of the constitution.

8. Local Government: The Balochistan Local Government Ordinance needs to be amended by the provincial government keeping in view the administrative needs of the province.

C. Administratively-related Matters

9. Operations by Federal Agencies: The federal government should immediately review the role of federal agencies in the province and stop all such operations that are not related to the pursuit of fighting terrorism;

10. Construction of Cantonments: The federal government should announce, that the presence of the army in Sui will be withdrawn and replaced by the FC in pursuit of peace in the present situation. Proposals should not be formulated for the construction of new cantonments except in frontier areas, wherever required;

11. Commission: A commission should be constituted in respect of the missing persons. The commission should be headed by sitting member of the superior judiciary from Balochistan, including the federal defence, interior ministers and the home minister of the province. The proceedings of such a commission shall be held in camera.

12. Missing Persons: The names of missing persons be identified and following actions be taken immediately, after verification, in any case, if they are found to be in custody. (i) Those persons against whom there are no charges be released. (ii) Those persons against whom there are charges be brought before a court of competent jurisdiction within seven days for trial (effective from the date of promulgation of commission). (iii) Such persons be allowed legal consul of their choice, the government should assist them in this regard in accordance with law. (iv) Family members of such persons be informed accordingly and allowed visiting rights.

13. Judicial Inquiry: Judicial inquiry by the superior judiciary be ordered by the federal government to inquire into: -

a. Murder of Baloch political workers, Ghulam Muhammad, Lala Munir and Munir Ahmed.

b. Target killing in the province.

14. Nawab Akbar Bugti Shaheed: A fact-finding commission, headed by a retired judge of the Supreme or High Court be constituted, to determine the circumstances leading to the death of Nawab Akbar Bugti Shaheed.

15. New Army Cantonments: Construction of new cantonments in Sui and Kohlu be stopped for the time being. Army will be withdrawn from Sui after handing over the duties to FC. FC will also takeover the already constructed Cantonment at Sui.

16. Conversion Of "B" Areas Into "A" Areas: In view of the decision of the provincial government, the policy of conversion of "B" areas into "A" areas may be reviewed from time to time. Urban areas may have regular police.

17. The Role Of Civil Armed Forces:

(i) Frontier Corps; The role of the FC in law enforcement shall be under the chief minister of the province. The powers conferred under the Customs Act shall be withdrawn, (ii) Coast Guard; The CG should perform its primary duty of checking smuggling of arms and narcotics along the coast and the border. The check posts established beyond their territorial limits as prescribed under the law shall be dismantled. An exercise of delimitation of the border areas needs to be undertaken by the federal government, provincial government and the Frontier Corps to give effect to the aforesaid.

18. Check Posts: The various check posts established by the civil armed forces and other related agencies, other than border areas should be in accordance with the directions of the provincial government.

19. Judicial Inquiry: here should be a judicial enquiry by the superior judiciary into the allotment of land at Gwadar,

20. Flood Relief: Some monies are due on the federal government for the flood-affected people of Balochistan, these amounts should be released.

21. Education: Balochistan be given a special quota of scholarships by the Higher Education Commission so that students of the province can pursue studies leading up to local or foreign Masters and PhDs.

D. Economically-related Matters

22. Rationalisation Of The Royalty Formula:

(i) Rationalization of the royalty formula and the Gas Development Surcharge have been done, (ii) The concept of public-private ownership in the areas of a district granted for exploration should be followed. Where contracts are awarded, the said district should be given 15% of revenue to be received by the provincial government, (iii) Due representation should be given to the province on the boards of the PPL; OGDC and Sui Southern Gas, (iv) Distribution companies should be obligated under contract/law to provide on priority basis gas to the district where it is explored, (v) In case of a successful find the federal government shall spend an amount equivalent to 10% of the net profits on development projects in the area. The ascertainment of profits shall be open to scrutiny by independent/third party auditors, (vi) The federal government has released the accrued Production Bonus to the districts producing oil and gas. This policy will be strictly implemented.

23. Mega Projects:

(i) All new mega projects to be initiated with the consent and approval of the provincial government. The share of the province in its profits/benefits to be assured in the contact/agreement, (ii) The concept of public-private ownership in such projects to be followed where ever possible, (iii) In Gwadar, there shall be a free economic zone and political activities in the said zone may be regulated by an appropriate law to be framed in consultation with all the stakeholders, (iv) In Gwadar, all or as far as possible, appointments in BS-1 to 16, should be from the local population, (v) In Gwadar, the local youth should be provided technical training and absorbed in GPA, GDA and Special Economic Zone, (vi) Preference should be given to the qualified local contractors while awarding contracts related to the port, (vii) Compensation and reallocation of all those fishermen, who are being displaced due to the Gwadar Port must be finalised immediately, (ix) The two jetties agreed to be constructed for the fishermen on the eastern and western bays be constructed, (x) A fisheries training centre as required to be established under the 9th Five Year Plan for Balochistan be constructed, (xi) A portion of the revenue collected by the Gwadar Port Authority be allocated for the development of the province, (xii) The chief minister shall be the ex-officio chairman of the Gwadar Development Authority and there shall be seven members from the province on the Board of Directors, (xiii) The provincial government of Balochistan will nominate a person duly qualified to be the Chairman of the Gwadar Development Authority.

24. SUI:

(i) There should be a special development package for the area. (ii) The armed forces should be systematically withdrawn from the area.

25.Employment Opportunities:

(a) The federal government will create, with immediate effect, five thousand additional jobs for the province, (b) (i) The quota for the province as prescribed in the rules/law for employment in government (specially foreign service), semi-government, autonomous/semi-autonomous, corporations and bodies must be strictly complied with. Deficiency if any, needs to be met in a proactive manner, (ii) The Overseas Employment Foundation needs to facilitate the recruitment of skilled or unskilled labour for employment aboard, (iii) The local people living along the coast who meet the criteria should be given jobs in the Coast Guards, (iv) The monitoring of the aforesaid shall be the responsibility of the Senate Standing Committee for Establishment.

26. Gas Development Surcharge: The federal government agrees to pay the arrears of Gas Development Surcharge from 1954 to 1991. This is a total amount of Rs 120 billion payable in 12 years.

27. Ownership in oil and gas companies: In organisations such as PPL, OGDCL and Sui Southern, the province will be able to purchase up to 20% of the right shares when offered in the open market.

28. Sandak Project: The federal government from its 30% shares in the project will immediately give 20% to the province. On completion of the project and when the foreign company withdraws, the project shall be owned exclusively by the province.

29. Uniform Price of Gas: There shall be a uniform price of gas throughout the country for the purpose of calculation of GDS.

30. Fishing Trawlers: Fishing trawlers should be restricted to the authorised limits of 33 kilometres from the coast. This will help promote the small fishermen.

31. Kohlu District: Special incentives should be given to the local tribes to facilitate exploration in the area, which continues to be closed due to security concerns.

32. Poverty Alleviation: In all poverty alleviation schemes, the allocation of the province should be proportional to the percentage of people living below the poverty line.

33. Profit Sharing In Existing Agreements:

(i) It is proposed that existing agreements on projects such as SANDAK, REKODIC and others where agreements have already been negotiated, the federal government may reconsider the agreements concerning the sharing of income, profits or royalty between the federal government and the provincial government.

34. Dera Bugti Internally Displaced Persons: The federal government for the rehabilitation and settlement of the IDPs shall provide a sum of Rs 1 billion.

35. Water Management: The federal government shall immediately undertake schemes, which include the construction of small dams throughout the province but particularly in the districts of Quetta, Pasheen, Qila Abdullah, Qila Saifullah, Zhob etc.

E. Monitoring Mechanism

36. Parliamentary Committee on National Security: It is proposed that the federal government, provincial government and other departments/agencies involved in the implementation of the proposals shall brief the Parliamentary Committee on National Security on the status of implementation on a monthly bases.

37. Parliament: The federal government and the provincial government shall every three months lay a report before both Houses of parliament, separately, on the state of implementation of the proposals. The two Houses shall separately allocate appropriate time for discussion on the said report.

38. The Standing Committee on Establishment Of The Senate Of Pakistan: The Standing Committee on Establishment of the Senate shall present a report every three months on Item No 25. The Senate chairman, after the report has been laid in the Senate, transmit the same to the speaker, National Assembly of Pakistan, for information of that House.

39. Certification: The federal minister for inter-provincial coordination shall at the end of each financial year certify to both the Houses of parliament separately, the amount of monies spent for the implementation of these proposals.

Text of Balochistan package presented in Pakistani parliament.

Following is the text of the Aghaaz-e-Huqook package presented by Senator Raza Rabbani.

24 November 2009

Preamble

"Conscious, that the provinces have a sense of deprivation, in political and economic structures of the federation;

Recalling, that the provisions of the 1973 constitution in particular relating to the federation-province relationship have been circumvented;

Stating that the financial assistance given by the present federal government in terms of Rs 4.6 billion PSDP support, Rs 2.8 billion paid as arrears of royalty for Uch – pending since 1995, Rs 17.5 billion overdraft of Balochistan written off, realising that this is not a substitute to provincial autonomy;

Acknowledging, that the question of provincial autonomy needs to be revisited and the ownership of the provinces over their resources reasserted in the constitution;

Mindful, of the tumultuous history of the province of Balochistan in the affairs of the federation;

Placing on Record that the present federal government has withdrawn cases and released political workers and helped in identifying the places of detention and release of some of the missing persons;

Determined, to correct the wrongs of history, by conferring the political, economic and cultural rights of the provinces, so that the federation may blossom, and;

Recalling, the documents made from time to time, namely The Shaheed Mohtarma Benazir Bhutto Reconciliation Committee Papers, the interim reports of the Wasim Sajjad and Mushahid Hussain Sayed committees of the Parliamentary Committee on Balochistan, headed by Chaudhary Shujaat, proposals made by the Balochistan chief secretary and the proposals of Mian Raza Rabbani.

The following "proposals" are made:

A. Constitutional-related Matters

1. Constitutional Reform: In terms of the resolutions passed by parliament, the speaker has constituted a parliamentary committee. The said committee has commenced work of considering various amendments in the constitution, including on provincial autonomy, this should be immediately addressed;

2. Constitutional Reform: The quantum, form and scope of provincial autonomy will be determined by the Parliamentary Committee on Constitutional Reforms, which represents all shades of political opinion in parliament. The following provisions of the constitution on provincial autonomy are under consideration of the committee; (i) Deletion of the Concurrent List from the Fourth Schedule of the Constitution; (ii) Deletion of the Police Order, 2002 and The Balochistan Local Government Ordinance, 2001 from the Sixth Schedule of the Constitution; (iii) Effective implementation of Article 153 of the constitution, Council of Common Interests; (iv) Implementation of Article 160 of the constitution, NFC Award; (v) Implementation of articles 154, 155, 156, 157, 158 and 159 of the constitution.

3. Restructuring of the NFC Award criteria: In the past, the formula was based on population. This has been changed and other criteria such as inverse population ratio, backwardness, poverty and resource generation need to be taken into consideration.

B. Politically-related Matters

4. Release of Political Workers: The federal government in consultation with the provincial government should immediately release all political workers, except those charged under heinous crimes;

5. Political Dialogue: Immediate to the acceptance of all the proposals contained herein, initiation of a political dialogue with all major stakeholders in the political spectrum of the province, to bring them into the mainstream politics.

6. Return of Exiles: The political exiles who return to Pakistan will be facilitated. (Except those involved in acts of terrorism).

7. Provincial Assembly Resolutions: The unanimously passed resolutions of the assembly from 2002 until date, related to the province, be implemented within the legal framework of the constitution.

8. Local Government: The Balochistan Local Government Ordinance needs to be amended by the provincial government keeping in view the administrative needs of the province.

C. Administratively-related Matters

9. Operations by Federal Agencies: The federal government should immediately review the role of federal agencies in the province and stop all such operations that are not related to the pursuit of fighting terrorism;

10. Construction of Cantonments: The federal government should announce, that the presence of the army in Sui will be withdrawn and replaced by the FC in pursuit of peace in the present situation. Proposals should not be formulated for the construction of new cantonments except in frontier areas, wherever required;

11. Commission: A commission should be constituted in respect of the missing persons. The commission should be headed by sitting member of the superior judiciary from Balochistan, including the federal defence, interior ministers and the home minister of the province. The proceedings of such a commission shall be held in camera.

12. Missing Persons: The names of missing persons be identified and following actions be taken immediately, after verification, in any case, if they are found to be in custody. (i) Those persons against whom there are no charges be released. (ii) Those persons against whom there are charges be brought before a court of competent jurisdiction within seven days for trial (effective from the date of promulgation of commission). (iii) Such persons be allowed legal consul of their choice, the government should assist them in this regard in accordance with law. (iv) Family members of such persons be informed accordingly and allowed visiting rights.

13. Judicial Inquiry: Judicial inquiry by the superior judiciary be ordered by the federal government to inquire into: -

a. Murder of Baloch political workers, Ghulam Muhammad, Lala Munir and Munir Ahmed.

b. Target killing in the province.

14. Nawab Akbar Bugti Shaheed: A fact-finding commission, headed by a retired judge of the Supreme or High Court be constituted, to determine the circumstances leading to the death of Nawab Akbar Bugti Shaheed.

15. New Army Cantonments: Construction of new cantonments in Sui and Kohlu be stopped for the time being. Army will be withdrawn from Sui after handing over the duties to FC. FC will also takeover the already constructed Cantonment at Sui.

16. Conversion Of "B" Areas Into "A" Areas: In view of the decision of the provincial government, the policy of conversion of "B" areas into "A" areas may be reviewed from time to time. Urban areas may have regular police.

17. The Role Of Civil Armed Forces:

(i) Frontier Corps; The role of the FC in law enforcement shall be under the chief minister of the province. The powers conferred under the Customs Act shall be withdrawn, (ii) Coast Guard; The CG should perform its primary duty of checking smuggling of arms and narcotics along the coast and the border. The check posts established beyond their territorial limits as prescribed under the law shall be dismantled. An exercise of delimitation of the border areas needs to be undertaken by the federal government, provincial government and the Frontier Corps to give effect to the aforesaid.

18. Check Posts: The various check posts established by the civil armed forces and other related agencies, other than border areas should be in accordance with the directions of the provincial government.

19. Judicial Inquiry: here should be a judicial enquiry by the superior judiciary into the allotment of land at Gwadar,

20. Flood Relief: Some monies are due on the federal government for the flood-affected people of Balochistan, these amounts should be released.

21. Education: Balochistan be given a special quota of scholarships by the Higher Education Commission so that students of the province can pursue studies leading up to local or foreign Masters and PhDs.

D. Economically-related Matters

22. Rationalisation Of The Royalty Formula:

(i) Rationalization of the royalty formula and the Gas Development Surcharge have been done, (ii) The concept of public-private ownership in the areas of a district granted for exploration should be followed. Where contracts are awarded, the said district should be given 15% of revenue to be received by the provincial government, (iii) Due representation should be given to the province on the boards of the PPL; OGDC and Sui Southern Gas, (iv) Distribution companies should be obligated under contract/law to provide on priority basis gas to the district where it is explored, (v) In case of a successful find the federal government shall spend an amount equivalent to 10% of the net profits on development projects in the area. The ascertainment of profits shall be open to scrutiny by independent/third party auditors, (vi) The federal government has released the accrued Production Bonus to the districts producing oil and gas. This policy will be strictly implemented.

23. Mega Projects:

(i) All new mega projects to be initiated with the consent and approval of the provincial government. The share of the province in its profits/benefits to be assured in the contact/agreement, (ii) The concept of public-private ownership in such projects to be followed where ever possible, (iii) In Gwadar, there shall be a free economic zone and political activities in the said zone may be regulated by an appropriate law to be framed in consultation with all the stakeholders, (iv) In Gwadar, all or as far as possible, appointments in BS-1 to 16, should be from the local population, (v) In Gwadar, the local youth should be provided technical training and absorbed in GPA, GDA and Special Economic Zone, (vi) Preference should be given to the qualified local contractors while awarding contracts related to the port, (vii) Compensation and reallocation of all those fishermen, who are being displaced due to the Gwadar Port must be finalised immediately, (ix) The two jetties agreed to be constructed for the fishermen on the eastern and western bays be constructed, (x) A fisheries training centre as required to be established under the 9th Five Year Plan for Balochistan be constructed, (xi) A portion of the revenue collected by the Gwadar Port Authority be allocated for the development of the province, (xii) The chief minister shall be the ex-officio chairman of the Gwadar Development Authority and there shall be seven members from the province on the Board of Directors, (xiii) The provincial government of Balochistan will nominate a person duly qualified to be the Chairman of the Gwadar Development Authority.

24. SUI:

(i) There should be a special development package for the area. (ii) The armed forces should be systematically withdrawn from the area.

25.Employment Opportunities:

(a) The federal government will create, with immediate effect, five thousand additional jobs for the province, (b) (i) The quota for the province as prescribed in the rules/law for employment in government (specially foreign service), semi-government, autonomous/semi-autonomous, corporations and bodies must be strictly complied with. Deficiency if any, needs to be met in a proactive manner, (ii) The Overseas Employment Foundation needs to facilitate the recruitment of skilled or unskilled labour for employment aboard, (iii) The local people living along the coast who meet the criteria should be given jobs in the Coast Guards, (iv) The monitoring of the aforesaid shall be the responsibility of the Senate Standing Committee for Establishment.

26. Gas Development Surcharge: The federal government agrees to pay the arrears of Gas Development Surcharge from 1954 to 1991. This is a total amount of Rs 120 billion payable in 12 years.

27. Ownership in oil and gas companies: In organisations such as PPL, OGDCL and Sui Southern, the province will be able to purchase up to 20% of the right shares when offered in the open market.

28. Sandak Project: The federal government from its 30% shares in the project will immediately give 20% to the province. On completion of the project and when the foreign company withdraws, the project shall be owned exclusively by the province.

29. Uniform Price of Gas: There shall be a uniform price of gas throughout the country for the purpose of calculation of GDS.

30. Fishing Trawlers: Fishing trawlers should be restricted to the authorised limits of 33 kilometres from the coast. This will help promote the small fishermen.

31. Kohlu District: Special incentives should be given to the local tribes to facilitate exploration in the area, which continues to be closed due to security concerns.

32. Poverty Alleviation: In all poverty alleviation schemes, the allocation of the province should be proportional to the percentage of people living below the poverty line.

33. Profit Sharing In Existing Agreements:

(i) It is proposed that existing agreements on projects such as SANDAK, REKODIC and others where agreements have already been negotiated, the federal government may reconsider the agreements concerning the sharing of income, profits or royalty between the federal government and the provincial government.

34. Dera Bugti Internally Displaced Persons: The federal government for the rehabilitation and settlement of the IDPs shall provide a sum of Rs 1 billion.

35. Water Management: The federal government shall immediately undertake schemes, which include the construction of small dams throughout the province but particularly in the districts of Quetta, Pasheen, Qila Abdullah, Qila Saifullah, Zhob etc.

E. Monitoring Mechanism

36. Parliamentary Committee on National Security: It is proposed that the federal government, provincial government and other departments/agencies involved in the implementation of the proposals shall brief the Parliamentary Committee on National Security on the status of implementation on a monthly bases.

37. Parliament: The federal government and the provincial government shall every three months lay a report before both Houses of parliament, separately, on the state of implementation of the proposals. The two Houses shall separately allocate appropriate time for discussion on the said report.

38. The Standing Committee on Establishment Of The Senate Of Pakistan: The Standing Committee on Establishment of the Senate shall present a report every three months on Item No 25. The Senate chairman, after the report has been laid in the Senate, transmit the same to the speaker, National Assembly of Pakistan, for information of that House.

39. Certification: The federal minister for inter-provincial coordination shall at the end of each financial year certify to both the Houses of parliament separately, the amount of monies spent for the implementation of these proposals.
 
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