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Extreme injustice — a legal mandate for bigotry

Why the religious persecution of minorities in Pakistan is getting worse.

Standing on a dusty street under the Karachi sun, already blazing at 9am, it strikes me that I am being rejected. I am at a Christian-run school, amongst a crowd of parents vying for appointments to secure admission for their children. The reception, if that is the word for it, is a hatch in the brick wall, behind which sits a harried looking man with a stack of papers and a phone. After wrestling my way to the front, I explain that I am here to talk to the headmaster about religious discrimination.

The man phones the headmaster's personal assistant. I explain my connection to the acquaintance that told him to expect me, and tell her that I'm researching Christians in Pakistan. After nearly 10 minutes, standing on the pavement with the phone cord pulled awkwardly out into the street, I realise that the line has gone dead and she's hung up the phone. The man behind the desk is distinctly unimpressed, given the crowd amassing behind me. Convinced the line has been accidentally cut off, I ask him to call again. The PA's tone is markedly different. "You're not the only person I'm dealing with," she snaps. "The father doesn't have time for all this."

When I speak to my acquaintance later that day, he shrugs. "Don't be offended," he says. "He is prominent so he is easily identifiable. Are you surprised he is scared to talk?"

Pakistan was conceived as a secular state with Islam as its main religion. "We have many non-Muslims -- Hindus, Christians, and Parsis -- but they are all Pakistanis," said the country's founder, Muhammad Ali Jinnah in a celebrated speech. However, in the late 1970s and 1980s, the military dictator General Zia-ul-Huq engaged in a repressive programme of 'Islamisation'. Among his actions was the introduction of a set of blasphemy laws, under which a person can face indefinite imprisonment or even the death penalty for criticising the Prophet Muhammad or the Qur'an.

The current debate is not about the existence of the law itself (many countries have blasphemy laws, as did the UK until 2008), but about the exceptionally harsh penalties and the very light burden of proof. Hardly any evidence is required - the accuser can even refuse to repeat the blasphemy in court for fear of committing the crime himself - and so the law is frequently used as a means of settling personal scores or stirring up sectarian tension.

The issue came to international attention last November, when Aasia Bibi, a Christian mother of five, was sentenced to death for "insulting the Prophet". The remarks were allegedly made after co-workers refused to share water that she had carried, on the basis that Christians are unclean. Throughout her trial, she did not have access to a lawyer.

Aasia's case was taken up by three politicians in the ruling Pakistan People's Party, who called for reform: Salman Taseer, the governor of Punjab (Pakistan's most populous state), Shahbaz Bhatti, the Minorities Minister, and Sherry Rehman, a prominent backbencher.

The consequences speak for themselves. On 4 January, Taseer was shot dead by his own bodyguard outside a coffee shop in Islamabad. On 2 March, Bhatti too was shot by assassins from the Pakistani Taliban. Rehman is living in semi-hiding in fear for her life. And on 2 February, soon after Taseer was killed, the prime minister, Yousuf Raza Gilani, told his government that he would not touch the law and that all reform would be shelved: "We are all unanimous that nobody wants to change the law."

It is easy to see why people might be afraid to speak out in favour of change. Taseer's daughter Shehrbano is a recent graduate working as a journalist for Newsweek in Lahore. "Very few people condemned my father's murder," she tells me when we speak on the phone. "Everyone was so petrified that they'd be next. That's how terrorists operate. The night that my father died, I thought, OK, this is going to be a huge watershed moment in the history of Pakistan. But the complete opposite happened. We went ten steps back."

This anger at the government's handling of the assassinations is shared by many. "I feel very strongly about it, of course I do. But I won't say anything because I don't want to get shot," a diplomat tells me. "Even my servants could betray me. It was his bodyguard - a servant - who shot him."

There is a real sense of fear among the ruling classes. One evening, a PPP former minister tells me that he hates the idea of having an armed guard and drives himself everywhere - but keeps this fact to himself, and makes sure to take different routes and not to travel at the same time every day.

Caste out

About 96 per cent of Pakistan's population is Muslim. However, the 4 per cent minority of Christians, Hindus and Islamic sects such as the Ahmadis (regarded as non-Muslims) translates to nearly ten million people, the equivalent of the population of Tunisia.

Well before the Taliban became a political force in the country, minorities faced serious social discrimination. I speak to Sujawal Massey, a Christian man who works as a sweeper - one of the lowest-status jobs there is. Aware of his position in this acutely class-bound society, he does not sit down, but hovers awkwardly as we talk in the living room of the lavish house where he works, looking at the floor except when spoken to.

He tells me it is difficult to find work. "They don't let us move ahead. We get no chances. If they know you're a Christian they say: there's no room here for you."

I ask what impact this has on a day-to-day level. "If we end up somewhere where there are Muslims, we're in trouble if they discover we're Christian," he says. "We don't tell them we're Christian in the market, because they won't give us anything. They won't even let us drink from a glass."

His employer tells me that while she insists that he is fed with the other servants (most of whom live in quarters in the house) many of her friends do not do the same for Christian members of staff. She keeps separate utensils for him to eat with, because her Muslim servants are unwilling to share theirs with him.

The reluctance to share water was also central to the Aasia Bibi case. "It is a carry-over from the Hindu caste system - the idea of untouchability," explains Dr Theodore Gabriel, a University of Gloucestershire academic and author of a study of Pakistan, Christian Citizens in an Islamic State. "Most of the Christians in Pakistan come from a low caste. The 'untouchable' or Dalit class were targets of missionary activity during colonisation, so they have come from a low economic and social background."

This social persecution remains in place even for those who have worked their way out of typical 'untouchable' jobs. I visit a beauty salon in an affluent suburb of Karachi, owned by a Christian Pakistani woman, Jane Peters. The shop is busy, with several Muslim women waiting to be seen.

However, all is not well behind the scenes. "There are terrible problems," she tells me. "I pay my bills, I pay my taxes, but the neighbours have had the water supply cut off." This means that she cannot get running water to the shop, and instead has to buy it in tankers each morning and manually heat the water required for hair-washes and manicures. The process of giving treatments is delayed by staff having to carry kettles and basins of hot water up and down stairs.

The shop is staffed entirely by Christian girls - "otherwise there are quarrels," explains Peters - and so it provides a rare employment opportunity for those who would otherwise end up in menial positions. One of the girls tells me that she quit school prematurely so that she could take the job, and is trying to complete her education part-time. "It is very hard for us to find employment," she says.

No change

It goes beyond sharing water. Gabriel describes school textbooks which claim that Christians worship three Gods, and define citizens of Pakistan as Muslims. "That means Christians are not regarded as citizens - if a textbook says that, then that is what children are learning. It's not going to foster tolerance, is it?"

Speaking to Christians, I am struck by their acceptance. "People are afraid," explains Peters' daughter, Sabiha, an articulate young woman who speaks fluent English. "If we make a fuss, it's very easy for someone to accuse us of blasphemy. It affects the poorer communities more, but it is a worry for everyone."

This type of discrimination is deeply entrenched, given that it pre-existed the formation of Pakistan by more than a thousand years. But is it worsening given the increasing influence of extremist ideas? Many view the decision to shelve reform of the blasphemy law as a victory for the militants. The women in the beauty salon - educated and politically aware - share this view. Yet when I asked Massey whether he was afraid and if he felt his situation could be improved, it was clear that the world of law and reform was alien to him.

"We are very few in a big nation, so we try to stay out of trouble," he says. "Maybe someone can help but we don't know who there is or is not. Politicians don't give us any importance." During the interview, my interpreter wells up. Later, she tells me that she was distressed by his total acceptance of the status quo.

This social discrimination is intensifying, says Ali Dayan Hasan, country director for Human Rights Watch in Pakistan. "Empowered extremists are making more frequent use of the legal tools at their disposal to persecute minorities. They are also killing them with impunity in a way they haven't done before."

He explains that rising extremism means that minorities are increasingly targets. "The militancy is contributing to it, but the fact of the matter is that the structure of these legal frameworks essentially makes the Pakistani state a partisan, sectarian actor, rather than a neutral arbiter between citizens. That tilts the balance in favour of the persecutor rather than the persecuted."

It appears that there is no real appetite for change. Most of the Muslim Pakistanis I speak to agree that there are problems with community relations, but prioritise other concerns.

"We have no human rights," says Iqbal Haider, a human rights lawyer who served in both Benazir Bhutto's governments, slamming his glass down on the table. "If I don't have the right to survive, all other rights are meaningless. And if the majority is not safe, then how can you expect the minorities to be? Nobody is safe."

He draws attention to the thousands of lives lost to terrorist attacks in the country since the beginning of the 'war on terror'. The death toll is rising each year and currently stands at record levels. "The Muslim places of worship are not safe. This is the greatest tragedy of Pakistan," he shouts. "Forget about the Christian church, forget about the Hindu temples. Muslim mosques are unsafe." Several days later, a big attack on a Sufi shrine in the Dera Ghazi Khan district kills 40 people.

While many Pakistanis brush over the impact that the government's retreat over the blasphemy law will have on religious minorities, most acknowledge that this refusal to stand behind the reformers handed the extremists a symbolic and practical victory.

"Salman Taseer was not just an ordinary citizen, "says Haider. "He was a representative of the federation. Shahbaz Bhatti was not just a Christian leader. He was a minister of Pakistan. It was an attack on the government. It is a matter of shame that the government is succumbing to this violence, and does not take these attacks as an attack on their existence."

The government's retreat leaves little hope for reform of these repressive laws, or for the introduction of legal steps to penalise discrimination. Moreover, the legislation is just one part of the complex Pakistani state system. "You have a judiciary that is in sympathy with many extremist views, that feels that it is its duty to uphold discriminatory laws," Dayan Hasan explains. "You also have a military that has a historical alliance with extremist groups and tends to view them with a higher level of tolerance. So when we criticise the government and its inaction, which absolutely needs to be done, we have to contextualise it within the framework of the forces arrayed on the tide of intolerance and extremism."

Yet Shehrbano Taseer sees some cause for optimism. "These laws won't go away tomorrow, but something huge has happened from my father's murder - these laws are being talked about. Nobody knew the cases, the stories, the numbers, the origins of the laws. All of this has come forward. It's important that the debate and criticism should not die with him. My father always said it's not about religion, it's not about politics: it's about humanity. He was genuinely concerned about the humanitarian crisis in Pakistan."

Some names have been changed to protect identities

Samira Shackle is a staff writer for the NS

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

This article first appeared in the 08 August 2011 issue of the New Statesman, Slum rule

Jeremy Corbyn. Photo: Getty
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Lexit: the EU is a neoliberal project, so let's do something different when we leave it

Brexit affords the British left a historic opportunity for a decisive break with EU market liberalism.

The Brexit vote to leave the European Union has many parents, but "Lexit" – the argument for exiting the EU from the left – remains an orphan. A third of Labour voters backed Leave, but they did so without any significant leadership from the Labour Party. Left-of-centre votes proved decisive in determining the outcome of a referendum that was otherwise framed, shaped, and presented almost exclusively by the right. A proper left discussion of the issues has been, if not entirely absent, then decidedly marginal – part of a more general malaise when it comes to developing left alternatives that has begun to be corrected only recently, under Jeremy Corbyn and John McDonnell.

Ceding Brexit to the right was very nearly the most serious strategic mistake by the British left since the ‘70s. Under successive leaders Labour became so incorporated into the ideology of Europeanism as to preclude any clear-eyed critical analysis of the actually existing EU as a regulatory and trade regime pursuing deep economic integration. The same political journey that carried Labour into its technocratic embrace of the EU also resulted in the abandonment of any form of distinctive economics separate from the orthodoxies of market liberalism.

It’s been astounding to witness so many left-wingers, in meltdown over Brexit, resort to parroting liberal economics. Thus we hear that factor mobility isn’t about labour arbitrage, that public services aren’t under pressure, that we must prioritise foreign direct investment and trade. It’s little wonder Labour became so detached from its base. Such claims do not match the lived experience of ordinary people in regions of the country devastated by deindustrialisation and disinvestment.

Nor should concerns about wage stagnation and bargaining power be met with finger-wagging accusations of racism, as if the manner in which capitalism pits workers against each other hasn’t long been understood. Instead, we should be offering real solutions – including a willingness to rethink capital mobility and trade. This places us in direct conflict with the constitutionalised neoliberalism of the EU.

Only the political savvy of the leadership has enabled Labour to recover from its disastrous positioning post-referendum. Incredibly, what seemed an unbeatable electoral bloc around Theresa May has been deftly prized apart in the course of an extraordinary General Election campaign. To consolidate the political project they have initiated, Corbyn and McDonnell must now follow through with a truly radical economic programme. The place to look for inspiration is precisely the range of instruments and policy options discouraged or outright forbidden by the EU.

A neoliberal project

The fact that right-wing arguments for Leave predominated during the referendum says far more about today’s left than it does about the European Union. There has been a great deal of myth-making concerning the latter –much of it funded, directly or indirectly, by the EU itself.

From its inception, the EU has been a top-down project driven by political and administrative elites, "a protected sphere", in the judgment of the late Peter Mair, "in which policy-making can evade the constraints imposed by representative democracy". To complain about the EU’s "democratic deficit" is to have misunderstood its purpose. The main thrust of European economic policy has been to extend and deepen the market through liberalisation, privatisation, and flexiblisation, subordinating employment and social protection to goals of low inflation, debt reduction, and increased competitiveness.

Prospects for Keynesian reflationary policies, or even for pan-European economic planning – never great – soon gave way to more Hayekian conceptions. Hayek’s original insight, in The Economic Conditions of Interstate Federalism, was that free movement of capital, goods, and labour – a "single market" – among a federation of nations would severely and necessarily restrict the economic policy space available to individual members. Pro-European socialists, whose aim had been to acquire new supranational options for the regulation of capital, found themselves surrendering the tools they already possessed at home. The national road to socialism, or even to social democracy, was closed.

The direction of travel has been singular and unrelenting. To take one example, workers’ rights – a supposed EU strength – are steadily being eroded, as can be seen in landmark judgments by the European Court of Justice (ECJ) in the Viking and Laval cases, among others. In both instances, workers attempting to strike in protest at plans to replace workers from one EU country with lower-wage workers from another, were told their right to strike could not infringe upon the "four freedoms" – free movement of capital, labour, goods, and services – established by the treaties.

More broadly, on trade, financial regulation, state aid, government purchasing, public service delivery, and more, any attempt to create a different kind of economy from inside the EU has largely been forestalled by competition policy or single market regulation.

A new political economy

Given that the UK will soon be escaping the EU, what opportunities might this afford? Three policy directions immediately stand out: public ownership, industrial strategy, and procurement. In each case, EU regulation previously stood in the way of promising left strategies. In each case, the political and economic returns from bold departures from neoliberal orthodoxy after Brexit could be substantial.

While not banned outright by EU law, public ownership is severely discouraged and disadvantaged by it. ECJ interpretation of Article 106 of the Treaty on the Functioning of the European Union (TFEU) has steadily eroded public ownership options. "The ECJ", argues law professor Danny Nicol, "appears to have constructed a one-way street in favour of private-sector provision: nationalised services are prima facie suspect and must be analysed for their necessity". Sure enough, the EU has been a significant driver of privatisation, functioning like a ratchet. It’s much easier for a member state to pursue the liberalisation of sectors than to secure their (re)nationalisation. Article 59 (TFEU) specifically allows the European Council and Parliament to liberalise services. Since the ‘80s, there have been single market programmes in energy, transport, postal services, telecommunications, education, and health.

Britain has long been an extreme outlier on privatisation, responsible for 40 per cent of the total assets privatised across the OECD between 1980 and 1996. Today, however, increasing inequality, poverty, environmental degradation and the general sense of an impoverished public sphere are leading to growing calls for renewed public ownership (albeit in new, more democratic forms). Soon to be free of EU constraints, it’s time to explore an expanded and fundamentally reimagined UK public sector.

Next, Britain’s industrial production has been virtually flat since the late 1990s, with a yawning trade deficit in industrial goods. Any serious industrial strategy to address the structural weaknesses of UK manufacturing will rely on "state aid" – the nurturing of a next generation of companies through grants, interest and tax relief, guarantees, government holdings, and the provision of goods and services on a preferential basis.

Article 107 TFEU allows for state aid only if it is compatible with the internal market and does not distort competition, laying out the specific circumstances in which it could be lawful. Whether or not state aid meets these criteria is at the sole discretion of the Commission – and courts in member states are obligated to enforce the commission’s decisions. The Commission has adopted an approach that considers, among other things, the existence of market failure, the effectiveness of other options, and the impact on the market and competition, thereby allowing state aid only in exceptional circumstances.

For many parts of the UK, the challenges of industrial decline remain starkly present – entire communities are thrown on the scrap heap, with all the associated capital and carbon costs and wasted lives. It’s high time the left returned to the possibilities inherent in a proactive industrial strategy. A true community-sustaining industrial strategy would consist of the deliberate direction of capital to sectors, localities, and regions, so as to balance out market trends and prevent communities from falling into decay, while also ensuring the investment in research and development necessary to maintain a highly productive economy. Policy, in this vision, would function to re-deploy infrastructure, production facilities, and workers left unemployed because of a shutdown or increased automation.

In some cases, this might mean assistance to workers or localities to buy up facilities and keep them running under worker or community ownership. In other cases it might involve re-training workers for new skills and re-fitting facilities. A regional approach might help launch new enterprises that would eventually be spun off as worker or local community-owned firms, supporting the development of strong and vibrant network economies, perhaps on the basis of a Green New Deal. All of this will be possible post-Brexit, under a Corbyn government.

Lastly, there is procurement. Under EU law, explicitly linking public procurement to local entities or social needs is difficult. The ECJ has ruled that, even if there is no specific legislation, procurement activity must "comply with the fundamental rules of the Treaty, in particular the principle of non-discrimination on grounds of nationality". This means that all procurement contracts must be open to all bidders across the EU, and public authorities must advertise contracts widely in other EU countries. In 2004, the European Parliament and Council issued two directives establishing the criteria governing such contracts: "lowest price only" and "most economically advantageous tender".

Unleashed from EU constraints, there are major opportunities for targeting large-scale public procurement to rebuild and transform communities, cities, and regions. The vision behind the celebrated Preston Model of community wealth building – inspired by the work of our own organisation, The Democracy Collaborative, in Cleveland, Ohio – leverages public procurement and the stabilising power of place-based anchor institutions (governments, hospitals, universities) to support rooted, participatory, democratic local economies built around multipliers. In this way, public funds can be made to do "double duty"; anchoring jobs and building community wealth, reversing long-term economic decline. This suggests the viability of a very different economic approach and potential for a winning political coalition, building support for a new socialist economics from the ground up.

With the prospect of a Corbyn government now tantalisingly close, it’s imperative that Labour reconciles its policy objectives in the Brexit negotiations with its plans for a radical economic transformation and redistribution of power and wealth. Only by pursuing strategies capable of re-establishing broad control over the national economy can Labour hope to manage the coming period of pain and dislocation following Brexit. Based on new institutions and approaches and the centrality of ownership and control, democracy, and participation, we should be busy assembling the tools and strategies that will allow departure from the EU to open up new political-economic horizons in Britain and bring about the profound transformation the country so desperately wants and needs.

Joe Guinan is executive director of the Next System Project at The Democracy Collaborative. Thomas M. Hanna is research director at The Democracy Collaborative.

This is an extract from a longer essay which appears in the inaugural edition of the IPPR Progressive Review.

 

 

This article first appeared in the 08 August 2011 issue of the New Statesman, Slum rule