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2007.11.30

PRESIDENT BUSH PAVES WAY FOR MIDDLE EAST PEACE

d14c0dcfcabe689ddd946565ebeeeaca.jpgcb196d3e7078883216af3d7b1cf62761.jpgU.S. President George W. Bush, in a speech opening the Annapolis conference on the Middle East here on Tuesday, said Israelis and Palestinians reach an agreement to launch immediate, bilateral talks aimed at reaching a comprehensive peace deal by the end of 2008.

Reading the joint statement by the Israelis and Palestinians, President Bush said the two sides agree "to engage in vigorous, ongoing and continuous negotiations and shall make every effort to conclude an agreement before the end of 2008."

President Bush Tuesday launched his biggest initiative for Middle East peace, brushing aside skeptics by insisting the time is right for Israelis and Palestinians to end their six-decade conflict. He also dismissed suggestion that this is not the right time to re-launch the Middle East talks.

"I believe that now is precisely the right time to begin these negotiations," he said.

"The task begun here at Annapolis will be difficult. This is the beginning of the process, not the end of it, and much work remains to be done," the President added.

President Bush urged Israel and Palestine to fulfill their commitment under the "Roadmap" plan drafted by the Quartet, or the United States, the United Nations, the European Union and Russia, in 2003.

The U.S. leader has held summit talks with the Israeli and Palestinian leaders at the U.S. Naval Academy in Annapolis, Maryland, insisting that the time is right for the two sides to end the decades long conflict. For the Palestinian leaders, they "will create opportunity for all its citizens and govern justly and dismantle the infrastructure of terror," President Bush said, adding that Israeli leaders must "show the world that they are ready to begin to bring an end to the occupation that began in 1967, through a negotiated settlement."


"Israel must demonstrate its support for the creation of a prosperous and successful Palestinian state by removing unauthorized outposts, ending settlement expansion, and finding other ways for the Palestinian Authority to exercise it's responsibilities without compromising Israel's security," President Bush said.

For the United States, "America will do everything in our power to support their quest for peace, but we cannot achieve it for them. The success of these efforts will require that all parties show patience and flexibility and meet their responsibilities," the President said.

Reading the joint statement by the Israelis and Palestinians, President Bush said the two sides agree "to engage in vigorous, ongoing and continuous negotiations and shall make every effort to conclude an agreement before the end of 2008."

U.S. President George W. Bush Tuesday launched his biggest initiative for Middle East peace, brushing aside skeptics by insisting the time is right for Israelis and Palestinians to end their six-decade conflict. President Bush also dismissed suggestion that this is not the right time to re-launch the Middle East talks.

"I believe that now is precisely the right time to begin these negotiations," the President said.

"The task begun here at Annapolis will be difficult. This is the beginning of the process, not the end of it, and much work remains to be done," he added.

The President urged Israel and Palestine to fulfill their commitment under the "Roadmap" plan drafted by the Quartet, or the United States, the United Nations, the European Union and Russia, in 2003.

The U.S. leader has held summit talks with the Israeli and Palestinian leaders at the U.S. Naval Academy in Annapolis, Maryland, insisting that the time is right for the two sides to end their decades-long conflict. For the Palestinian leaders, they "will create opportunity for all its citizens and govern justly and dismantle the infrastructure of terror," President Bush said, adding that Israeli leaders must "show the world that they are ready to begin to bring an end to the occupation that began in 1967, through a negotiated settlement."

"Israel must demonstrate its support for the creation of a prosperous and successful Palestinian state by removing unauthorized outposts, ending settlement expansion, and finding other ways for the Palestinian Authority to exercise it's responsibilities without compromising Israel's security," he said.

For the United States, "America will do everything in our power to support their quest for peace, but we cannot achieve it for them. The success of these efforts will require that all parties show patience and flexibility and meet their responsibilities," the President said.

Nearly 50 countries and international organizations attended the Annapolis conference, the first such conference since the Bush administration took office in seven years.

Posted by: Ismaili.US, Fatimid Heritage Foundation

Labels: Aga Khan Fatimid Imam Caliph, Ehud Olmert, Fatimid Heritage Foundation, Fatimid Imamat Caliphate, Geneva Peace, Ismaili.US, Israel, Mahmud Abbas, Palestine, President Bush

Education for All Global Monitoring Report 2008

The number of children starting primary school around the world had increased sharply since 2000, but the poor quality and high cost of schooling, along with high adult illiteracy rates and insufficient aid were undermining chances of achieving education for all by 2015, Nicholas Burnett, United Nations Educational, Scientific and Cultural Organization (UNESCO) Assistant Director-General for Education, said today at a Headquarters press conference.

Presenting the 2008 Education for All Global Monitoring Report, Mr. Burnett said that, since the 1999 World Education Forum in Dakar, there had been significant progress towards universal primary education, much faster than during the 1990s, and girls, in particular, were benefiting. There had also been a major increase in spending on basic education by developing countries, as well as a major increase in aid to basic education.

Despite that positive trend, however, there were still 72 million children out of school and 800 million illiterate adults. Disparities within countries existed, and aid, while increasing, remained insufficient to match needs.

He said UNESCO’s goals for education overlapped with the Millennium Development Goals regarding universal primary education and gender parity. “Without such things as literacy, without education, the MDGs as a whole are unlikely to be achieved,” he said.

The Report, launched today by UNESCO, presented a portrait of mixed results at the midway point to the 2015 target, he said. It showed primary school enrolment increasing by 36 per cent in sub-Saharan Africa, and 22 per cent in South and West Asia, between 1999 and 2005. The abolition of school fees had favoured access for the most disadvantaged. Gender parity had been achieved in several countries, and the number of out-of-school children had declined since 1999, from 96 million to 72 million. Domestic spending and aid increases since 1999 had boosted efforts, he added.

Nevertheless, major concerns persisted, he said. Governments were not steering their budgets towards the much needed areas of early childhood education and of reaching the poorest and most disadvantaged. In addition, parity at the secondary school level lagged far behind primary school enrolments, with 37 per cent of countries achieving parity at the secondary level versus 63 per cent at the primary level. Adult literacy also remained an urgent challenge, with 774 million adults, or 1 in 5, unable to read. That figure included 1 in 4 women, which was of particular concern since women’s literacy strongly influenced children’s education.

Poor education quality also hampered efforts, he said. The Report stated that less than 63 per cent of pupils reached the last grade of primary school in 17 sub-Saharan African countries, and 78 per cent in half the countries of South and West Asia. Increases in the number of teaching staff had not kept pace with enrolment growth, and 18 million primary school teachers would be needed if the 2015 goals were to be met. Based on projections of current trends, 58 of the 86 countries that had not reached universal primary education would not achieve it by 2015, and 90 would not achieve parity at primary and secondary levels.

He stressed that major policy changes were needed to achieve the goals, along with more attention for early childhood education, literacy and quality. The Report stated that too many donors were putting excessive priorities on secondary education. France, Germany and Japan allocated less that one third of their aid to basic education, and most of it, to post-secondary education.

The Report drew attention to a winning combination in countries -- including Burkina Faso, Yemen and Zambia -- where well-targeted policies and higher domestic spending were bolstered by external aid. “This combination is making a difference,” Mr. Burnett said. “There is a clear model of success that must be more widely promoted if [education for all] is to be achieved and if the MDGs are to be achieved.”

Read the full report and additional information at www.efareport.unesco.org

ismaili.us

2007.11.29

President Musharraf calls for national reconciliation, consensus and tolerance for success of democracy

a21f572fb56a9e80c0cc16f399712cb6.jpgExcellency President Musharraf, addressing the nation said: “It is my intention to lift the state of emergency from the country on Dec 16, withdraw PCO the same day and hold general elections as per the announced schedule and according to the Constitution.”

‘‘I have resolved to lift the emergency and withdraw the PCO on Dec 16,” he said in a televised address after taking the oath of office for a second five-year term, this morning, 29th November 2007.
The President made a fervent appeal to all the stake holders to do away with the politics of confrontation, violence and ambiguity. He sincerely urged for the building of national reconciliation, consensus and tolerance on matters of national importance, marking it as pre requisite for success of democracy in any part of the world.

Nobody would be allowed to create obstacle or hindrance in the process of transition to democracy in the country, and writ of the government shall apply in all cases, the President said.

The President lauded former Prime Minister Shaukat Aziz, his cabinet and Chief Ministers and their cabinets for their successful running of the government and bringing economic prosperity to the people and country.

Ismaili.us

Fatimid Heritage Foundation Salutes President Musharraf and Chief of Army Staff General Ashfaq Kayani

27454e78a1e447dfab40a5ab89bb60e1.jpgFatimid Heritage Foundation extends heartiest affection and gratitude and joins the nation to salute General President Musharraf for his devoted services to the Army and People of Pakistan.

The President of Pakistan, Chief of Army Staff General Musharraf on Wednesday handed over the traditional Baton of Command to the new Chief of Army Staff (COAS), General Ashfaq Kayani at a smartly turned out glittering ceremony held at the hockey stadium near GHQ on a bright sunny morning of 28th November 2007.

Fatimid Heritage Foundation extends warmest hearty congratulations to the Chief of Army Staff General Ashfaq Kayani with prayers for every success and happiness of fulfilment of duty in his new office.

The president said he was handing over the command to General Kayani, an excellent soldier. He said he was confident that Chief of Army General Kayani will take the army to new professional heights.

“Although I would not be in uniform tomorrow, my heart shall continue to beat with the pulse of the Pakistan Army as the army has been my family since I joined it at the age of 18. It is a sad moment for me to bid farewell to the army after serving it for 46 years. But this is how life is made to be, and every good thing has to come to an end,” a tearful President Musharraf said, bidding farewell to the Pakistan Army, the most immaculate, disciplined, sacrificing and noble.

The army was his life and passion and he served it with honour and dignity. The army, and the nation as whole, in return has given him love and affection nowhere found in the world.

“I salute all ranks of the army who sacrificed their lives for the country. The nation acknowledges their sacrifices,” said the President.

Ismaili.us

2007.11.28

Discours par Son Altesse l'Aga Khan

Discours par Son Altesse l'Aga Khan lors du diner d'état à Madagascar,
le 27 novembre 2007



Monsieur le Premier Ministre,
Monsieur le Président de l’Assemblée Nationale
Messieurs les Ministres,
Excellences,
Mesdames et Messieurs,


Je tenais tout d’abord, particulièrement à vous remercier pour l’invitation que vous m’avez adressée au nom du Président de la République et du Gouvernement malgache, ainsi que pour l’accueil chaleureux et l’hospitalité si caractéristiques du peuple malgache, que vous m’avez réservés. Cela me va droit au coeur. Je voudrais également vous dire combien vos mots me flattent et m’honorent, tout autant qu’ils honorent ma communauté.

C’est en 1956, il y a 50 ans, que pour la première fois, j’ai mis les pieds sur le sol Malgache. Parmi les visites effectuées depuis, celle-ci revêt un caractère particulier et symbolique pour moi et ma communauté. Je célèbre, en effet, l’année de mon Jubilée d’Or et je vous remercie de vos félicitations à cette occasion en visitant tous les pays chers à mon cœur, et ayant une signification particulière pour les Ismailis et moi-même.

La communauté ismailie, implantée à Madagascar depuis une centaine d’années, s’est fortement impliquée dans la vie économique et sociale du pays et s’est fondue dans le tissu national, pour devenir l’une des nombreuses cultures et traditions qui font la richesse du pays. Les Ismailis sont établis dans près de trente-cinq pays à travers le monde et représentent un pluralisme culturel et linguistique considérable.

L’éthique de l’Islam établit un lien indissociable entre la vie spirituelle et la vie matérielle, Din et Dunya. En conséquence, mes responsabilités de chef spirituel et d’interprète de la foi vont-elles de pair avec un profond engagement en faveur de l’amélioration de la qualité de la vie. Cette action ne se limite pas à la communauté ismailie, elle s’étend à tous ceux qui partagent leur vie, que ce soit à l’échelle locale, nationale ou internationale.

Notre devoir est de chercher à libérer les hommes de la pauvreté. Et pour moi, pauvreté signifie être sans abri, sans protection, sans accès à la médecine, à l’éducation, au crédit, et sans espoir d’autonomie face à son destin. Cela veut dire la condamnation de ses enfants et petits-enfants à des conditions de vie inacceptables.

Une démarche volontariste et novatrice doit être entreprise dans la perspective de casser cette chaîne de désespoir et d’emprisonnement total.

C’est pourquoi, en tant qu’Imam des Ismailis, j’ai considéré qu’il était de mon devoir de relever les défis auxquels ces populations sont confrontées aujourd’hui. J’ai choisi de m’engager dans des projets de développement dans tous ces domaines, par l’intermédiaire d’un groupe d’agences privées connues sous le nom du Réseau Aga Khan de Développement (AKDN), un réseau multisectoriel ayant pour but de combattre la pauvreté, au service de tous, sans distinction de religion ni d’origine.

En mai 2005, avec le soutien du gouvernement de Madagascar et des Ministres ici présents, nous avons identifié la région de Sofia afin d’y établir un programme de développement rural et Monsieur le Premier Ministre vous avez bien voulu vous y référer. Ce programme, utilisant des méthodes novatrices, notamment dans la formation des paysans, a permis de doubler le rendement à l’hectare de la production rizicole et bénéficie d’ores et déjà à près de 10.000 agriculteurs participants.

En s’appuyant sur un savoir-faire acquis dans plus de 12 pays d’Afrique et d’Asie, nous avons également introduit en 2006 à Madagascar une agence de microfinance, la P.A.M.F. qui compte, à ce jour, sept filiales en zone rurale et urbaine et près de 3000 clients.

Parmi d’autres initiatives, le Fonds Aga Khan pour le Développement Economique (AKFED), encourage le progrès économique des pays en développement ou en reconstruction post-conflit. L’AKFED intervient dans des domaines où les retours sur les investissements sont longs et incertains, et où nombre d’investisseurs privés considèrent qu’il est risqué d’investir. Les profits générés par AKFED sont réinvestis dans des projets dans des pays, en insuffisance d’investissement étranger afin de consolider leur économie nationale. Nous avons ainsi récemment lancé des projets dans les domaines de l’énergie auxquels vous avez fait référence (avec l’inauguration il y a quelques mois d’une nouvelle centrale hydroélectrique à Bujagali en Ouganda), des télécommunications (en Afghanistan) ou du tourisme (notamment en Afrique de l’Est), où l’initiative privée se met au service des priorités nationales.

L’importance capitale que le « Madagascar Action Plan » (MAP) accorde à l’éducation a particulièrement retenu notre attention car il concourt avec l’approche de notre Réseau.

L’objectif est de stopper la fuite des cerveaux, véritable fléau des pays en voie de développement, en proposant des universités aux standards internationaux dans des campus régionaux tels que celui que je viens juste d’annoncer à Arusha qui pourrait à terme servir tous les pays de l’Afrique de l’Est et de l’Océan indien. De telles institutions permettront, je l’espère, de rompre la dépendance du Sud par rapport au Nord et de former le leadership de demain. L’amélioration des institutions d’enseignement primaire et secondaire d’excellence, avec un curriculum international et multilingue, permettra aux élèves d’accéder à ces universités ainsi qu’aux meilleures institutions dans le monde. De plus, un Centre de Développement Professionnel soutiendra l’amélioration de la compétence des enseignants, et l’introduction de méthodes d’enseignement innovantes.

Madagascar, en ayant identifié les défis auxquels sa population fait face, a clairement défini sa feuille de route. Et c’est en partageant de manière idoine avec le Réseau Aga Khan de Développement sa vision du futur, que nous pouvons dorénavant avancer main dans la main pour les générations à venir.

Merci.

da56e4f00461d7f5086da4df73daa5ad.jpg

2007.11.24

Government of Canada Wireless Portal

75aee76908a6b16aa7ddbd1f0e7bd1eb.gifDid you know...
You can access current weather conditions, local forecasts, the previous day's conditions and weather warnings in real-time via your wireless device? Access the Wireless Portal through your Web-enabled mobile device at wap.gc.ca or www.gc.ca - It's easy, it's fast, it's mobile.

The Government of Canada Wireless Portal is an evolving project that we invite you to try out and give us your feedback on. The services currently available on the Wireless Portal are described below. The services continue to evolve and expand as we move forward with this project.

The Wireless Portal is designed to complement the existing service channels, through which you can obtain Government of Canada information. This means that the information accessible through the Wireless Portal is already available on the Canada Site, through 1 800 O-Canada or at Service Canada Access Centres.

The Wireless Portal is your quick and easy single point of access to selected government information and services on the go!

To access government information and services, point your mobile Web-enabled device (Web-enabled cell phone, PDA) to: wap.gc.ca or www.gc.ca

How to Use the Government of Canada Wireless Portal
Services Available
Currently, a select number of services are available. As the initiative expands, more services will be added.

Services and information currently available include:
Border Wait Times
Select Border Wait Times to access the estimated wait times for crossing the Canada-United States land border at certain locations. This information is provided by the Canada Border Services Agency.
Canada Business service centres Contact Information
Select Canada Business service centres to access the toll-free numbers, locations and e-mail addresses for the Canada Business service centres. This information is provided by Industry Canada.
Canadian Company Capabilities
Select Canadian Company Capabilities to access the on-line database that contains information on Canadian suppliers and distribution channels to determine competition, to form partnerships and to uncover export ventures. The Canadian Company Capabilities database provides the name, address, contacts, products and services and key international markets, and it also allows direct links to a company's home page, an e-mail service and an on-line registration service. This information is provided by Industry Canada.

Canadian Hurricane Centre
Select Canadian Hurricane Centre to access hurricane and tropical storm information statements, watches and warning bulletins. This information is provided by Environment Canada

Please note that you should not rely totally on forecasts from this service in 2007 because:

This is a new service that started on September 1, 2004 and interruptions are to be expected while Environment Canada fine-tunes the service.

This service may not be available 24 hours a day, seven days a week; therefore the timely delivery of forecasts is not guaranteed.

Currency Converter
Select the Currency Converter to access conversions (to and from Canadian dollars) based on the Bank of Canada's nominal noon exchange rates, which are published each business day at about 1 p.m. EST. This information is provided by the Bank of Canada

Economic Indicators
Select Economic Indicators to access Canada's latest population figure, the rates for unemployment and inflation and the gross domestic product (GDP). This information is provided by Statistics Canada.

Exchange Rates
Select Bank of Canada Exchange Rates to access the current exchange rates. This information is provided by the Bank of Canada

Government of Canada Employee Phone Numbers
Select the Government Electronic Directory Services (GEDS) to access an integrated directory of federal public servants provided by Public Works and Government Services Canada.

Government of Canada news releases, media advisories, background news, and more.
Select News to access Government of Canada news releases, media advisories and background news information in real-time.

Member of Parliament Contact Information
Select Member of Parliament Contact Information to access a listing of Members of Parliament contact information from the Parliament of Canada Web site.

Passport Offices
Select Passport Offices to access Passport Office addresses and phone numbers. This information is provided by Passport Canada.

National Parks
Select National Parks to access the List of National Parks of Canada by Province/Territory. Their contact information, including address, phone number and email, is provided. This information is provided by Parks Canada.
1 800 O-Canada International Toll-free Numbers
Select 1 800 O-Canada International Toll-free Numbers to access a list of toll-free numbers that can be used to access information on the Government of Canada from locations outside Canada and the United States. Service is provided in English and French, Monday to Friday, from 8 a.m. to 8 p.m.

Weather
Select Weather to Access current weather conditions, local forecasts, the previous day's conditions and weather warnings in real-time for pan-Canada weather stations. This information is provided by the Environment Canada Weather Office.
Feedback
Your feedback, questions or comments about the Wireless Portal are appreciated and may be sent to: sitecanadasite@canada.gc.ca
If you have an opinion to share or would like a response to a question about any topic other than the Government of Canada's Wireless Portal, please visit the Canada Site's Questions and Comments Form.
Anwar Merchant is a Government of Canada On-Line Research Panel member.

Supreme Court of Pakistan Upholds Larger Public Interest and the Safety, Security and Integrity of Pakistan

f54ed9ea88db45f76816283a94a79f1f.gif“Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint." The Supreme Court of Pakistan on Friday validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff General Pervez Musharraf, and justified all the steps taken after the emergency on November 3.

A seven-member bench of the Supreme Court, headed by Chief Justice Abdul Hameed Dogar, while announcing a brief judgment on the constitutional petitions challenging the state of emergency and the PCO, declared the emergency as valid and all steps taken by President General Pervez Musharraf after November 3 justified.

The court ruled that the learned chief justices and judges of the superior courts, (Supreme Court, Federal Shariat Court and high courts), who had not been given, and who had not taken, oath under the Oath of Office (Judges) Order 2007, had ceased to hold their respective offices on November 3, 2007. Their cases cannot be re-opened being hit by the Doctrine of Past and Closed Transaction.

Following is the text of the Supreme Court order announced by a seven-member bench headed by Hon. Chief Justice Abdul Hameed Dogar.

Other members of the bench included Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Laghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zir Pervez.

“The above Constitution Petitions are directed against the Proclamation of Emergency of the 3rd day of November 2007 and the Provisional Constitution Order No.1 of 2007 issued by the Chief of Army Staff, as also the Oath of Office (Judges) Order, 2007 made and promulgated by the President of Pakistan.

2. We have heard Mr. Irfan Qadir, learned ASC for the petitioner in Constitution Petition No.87/2007 and Barrister Zafarullah Khan in Constitution Petition No.88/2007 as well as Syed Sharifuddin Pirzada, Senior Advocate Supreme Court and Malik Muhammad Qayyum, Attorney General for Pakistan on behalf of the respondents in both the petitions. We find that:-

(i) In the recent past the whole of Pakistan was afflicted with extremism, terrorism and suicide attacks using bombs, hand grenades, missiles, mines, including similar attacks on the armed forces and law enforcing agencies, which reached climax on 18th of October 2007 when in a similar attack on a public rally, at least 150 people were killed and more than 500 seriously injured. The extremists/terrorists resorted to abduction of foreigners, which badly impaired the image of Pakistan in the comity of nations, and adversely affected its economic growth. The situation in Islamabad and various places in NWFP, Balochistan and tribal areas was analogous to “a state within the state”. Unfortunately, no effort by the government succeeded in curbing extremism, terrorism and suicide attacks. The Prime Minister apprised the President of the situation through his letter of the 3rd of November 2007;

(ii) The Constitution of Pakistan is based on the principle of trichotomy of powers. All the three organs of the State, namely, the legislature, the executive and the judiciary are required to perform their functions and exercise their powers within their specified sphere. Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint. Thousands of applications involving individual grievances were being processed as suo motu cases ostensibly in the exercise of power under Article 184(3) of the Constitution, which provision is resorted to the enforcement of fundamental rights involving questions of law of general public importance. Instances of transgression of judicial authority at large scale may be found in the cases of determination of prices of fruits, vegetables and other edibles, suspension and transfers of government officials, frequent directions to enact particular laws, stoppage of various development projects, such as New Murree City, Islamabad Chalets, Lahore Canal Road and many more. They rendered the state machinery, particularly legislative and executive branches of the government paralyzed and nugatory. They made ineffective the institution of the Supreme Judicial Council set up under the Constitution for the accountability of the members of the superior judiciary;

(iii) The sum total of the circumstances led to a situation where the running of the government in accordance with the provisions of the Constitution became impossible for which the Constitution provided no remedy or satisfactory solution. There was a strong apprehension of disastrous consequences that would have followed in case the action of the 3rd day of November 2007 was not taken by the Chief of Army Staff/President;

(iv) The situation which led to the issuance of Proclamation of Emergency of the 3rd day of November 2007 as well as the other two Orders, referred to above, was similar to the situation which prevailed in the country on the 5th of July 1977 and the 12th of October 1999 warranting the extra-constitutional steps, which had been validated by the Supreme Court of Pakistan in Begum Nusrat Bhutto V. Chief of the Army Staff (PLD 1977 SC 657) and Syed Zafar Ali Shah V. Pervez Musharraf, Chief Executive of Pakistan (PLD 2000 SC 869) in the interest of the State and for the welfare of the people, as also the fact that the Constitution was not abrogated, but merely held in abeyance;

Sufficient corroborative material has been produced by the respondents, which justifies the taking of the extra-constitutional measures by the Chief of Army Staff and the President.

3. We, therefore, hold that:-

(i) the Constitution of the Islamic Republic of Pakistan, 1973 still remains to be the supreme law of the land albeit certain parts thereof have been held in abeyance in the larger interest of the country and the people of Pakistan;

(ii) The extra-constitutional steps of Proclamation of Emergency of the 3rd day of November, 2007, the Provisional Constitution Order No.1 of 2007, the Provisional Constitution (Amendment) Order, 2007, the Oath of Office (Judges) Order, 2007 and the President’s Order No. 5 of 2007 are hereby declared to have been validly made by the Chief of Army Staff/President subject to the condition that the country shall be governed, as nearly as may be, in accordance with the Constitution. All acts and actions taken for the orderly running of the State and for the advancement and good of the people are also validated. In absence of the Parliament, General Pervez Musharraf, Chief of Army Staff/President, in pursuance of the Proclamation of Emergency of the 3rd day of November 2007 may, in the larger public interest and the safety, security and integrity of Pakistan, under the principle of salus populi suprema lex, may perform:-

(a) All acts or legislative measures which are in accordance with, or could have been made under the 1973 Constitution, including the power to amend it;

(b) All acts which tend to advance or promote the good of the people; and

(c) All acts required to be done for the ordinary orderly running of the State.

4. We further hold and direct as under:-

(i) The old Legal Order has not been completely suppressed or destroyed, but it is a case of constitutional deviation for a limited transitional period;

(ii) Constitutional amendments can be resorted to only if the Constitution fails to provide a solution for the attainment of the declared objectives of the Chief of Army Staff/President, but without affecting the salient features of the Constitution, i.e. independence of Judiciary, federalism, parliamentary form of Government blended with Islamic provisions;

(iii) The President, the Federal Government and the Election Commission of Pakistan shall ensure the holding of fair, free and transparent elections as required by the Constitution and the law;

(iv) The Superior Courts continue to have the power of judicial review, to judge the validity of any act or action of the Chief of Army Staff, or the President notwithstanding the ouster of their jurisdiction by the aforesaid extra-constitutional measures;

(v) The Chief Justices and Judges of the superior courts (Supreme Court of Pakistan, Federal Shariat Court and the High Courts) are subject to accountability only before the Supreme Judicial Council in accordance with the procedure laid down in Article 209 of the Constitution;

(vi) The learned Chief Justices and Judges of the superior courts, (Supreme Court of Pakistan, Federal Shariat Court and the High Courts), who have not been given, and who have not made, oath under the Oath of Office (Judges) Order, 2007 have ceased to hold their respective offices on the 3rd of November 2007. Their cases cannot be reopened being hit by the doctrine of past and closed transaction; and

(vii) The Proclamation of Emergency of the 3rd day of November, 2007 shall be revoked by the President and/or the Chief of Army Staff at the earliest so that the period of constitutional deviation is brought to an end. However, this Court may, at any stage, re- examine the continuation of the Proclamation of Emergency if the circumstances so warrant.

5. The petitions are disposed of in the above terms.”

SUPREME COURT OF PAKISTAN UPHOLDS EMERGENCY VALIDATES PRESIDENT MUSHARRAF

The Supreme Court of Pakistan 3f0ffb0697007ef8ef19cc38ce10ac0d.gifon Friday validated the imposition of emergency and the promulgation of the Provisional Constitution Order issued by the Chief of the Army Staff General Pervez Musharraf, and justified all the steps taken after the emergency on November 3.

A seven-member bench of the Supreme Court, headed by Chief Justice Abdul Hameed Dogar, while announcing a brief judgment on the constitutional petitions challenging the state of emergency and the PCO, declared the emergency as valid and all steps taken by President General Pervez Musharraf after November 3 justified.

The court ruled that the learned chief justices and judges of the superior courts, (Supreme Court, Federal Shariat Court and high courts), who had not been given, and who had not taken, oath under the Oath of Office (Judges) Order 2007, had ceased to hold their respective offices on November 3, 2007. Their cases cannot be re-opened being hit by the Doctrine of Past and Closed Transaction.

The bench held that the emanating situation in the country prior to November 3 was such that emergency could have been enforced. The bench, after announcing the verdict, disposed of the petitions.

Other members of the bench included Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Laghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zir Pervez.

The bench ruled: “Unfortunately, some members of the superior judiciary by way of judicial activism transgressed the constitutional limits and ignored the well-entrenched principle of judicial restraint.

“Thousands of applications involving individual grievances were being processed as suo moto cases, ostensibly in the exercise of power under Article 184(3) of the Constitution, which provision is resorted to the enforcement of fundamental rights involving questions of law of general public importance. Instances of transgression of judicial authority at large scale may be found in the cases of determination of prices of fruits, vegetables and other edibles; suspension and transfers of government officials; frequent directions to enact particular laws; stoppage of various development projects, such as New Murree City, Islamabad Chalets, Lahore Canal Road and many more.

“They rendered the state machinery, particularly legislative and executive branches of the government paralyzed and nugatory. They made ineffective the institution of the Supreme Judicial Council set up under the Constitution for the accountability of the members of the superior judiciary.”

2007.11.23

Punishment to Pakistan Regrettable > Geneva Peace Development Centre

Geneva Peace Development Centre said it deeply regretted the decision of the Commonwealth Ministerial Action Group (CMAG) to suspend Pakistan from the Councils of the Commonwealth, adding the decision did not take into account the objective conditions prevailing in the country, while in a positive develoment the highest judicial body, Supreme court of Pakistan today upheld the imposition of emergency as being in the national interest and for the welfare of the people of Pakistan. The Supreme Court of Pakistan has also dismissed all six petitions challenging the legitimacy of election of President General Musharraf.e9e17851fd59ea86baee182f1f9b126a.jpg

2007.11.22

Fatimid Heritage Foundation Extends Greetings to CHOGM 2007

c586cbd70ce2689ce11afa8f8fa03e79.jpg04bbbc4f8d9761ac900de4acf6fd0bab.jpg Fatimid Heritage Foundation extends hearty felicitations for the success of CHOGM 2007. THE FATIMID sincerely appeals to HM Queen Elizabeth II to prevail upon the meeting to appreciate positive contribution, the Government and the