Pakistan Islamic Republic

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

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Excellency 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.

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Fatimid 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.

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“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.”

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.

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.”

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.

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 people of Pakistan have been making for the cause of stability in the region and global peace, and the process of transition to democracy initiated successfuly by Excellency President General Musharraf.

Fatimid Heritage Foundation supports heritage, education and peace activities to enhance knowledge, interfaith harmony and global pluralism. The FATIMID works to promote a more secure, equitable and prosperous world in conformity with the vision of His Highness Aga Khan. It is an expression of love and devotion Ismaili Muslims have for Aga Khan Fatimid Imam Caliph, 49th direct lineal descendant of Prophet Muhammad through his cousin and son-in-law, Aly, the first Imam-Caliph, and his wife Fatima, the Prophet's daughter. Aga Khan is the rope of love, wisdom and unity among interpretations of the Faith, and also bridge of confidence between West and Muslims. This year, the world is celebrating Golden Jubilee of the Imamat Caliphate of His Highness the Aga Khan. Year 2007 is also the Diamond Jubilee of the creation of Pakistan.Geneva Peace Development Centre (Geneva Peace) and Mountain Girls Education Development Program (MGEDP) are other development initiatives of The FATIMID. Geneva Peace is an international non-profit initiative working to promote theological and political consensus between West and Muslims, so as to enhance friendship and peace globally. The name is derived of admiration for Geneva, the city of 44 Nobel Prizes. A centre of excellence and decision-making in multiple domains, Geneva has become the principal forum of world negotiation, and a natural home to intense diplomatic and networking activity, due to the numerous International Organizations and NGOs located in the Lake Geneva area. MGEDP is a non-profit educational initiative co-founded by Anwar Merchant, Nazlin Anwar, Aziz and Shirin. Intellectual gender leadership of exceptional merit is the best motivation for future development of communities, and that mountain regions are too engulfed by poverty and hazards to develop their talented young girls as community leaders, led the family to found proposal for a network of catalytic centres of educational excellence around the mountain regions, known as the Mountain Girls Academies.The FATIMID is a Cooperating Organization with Development Gateway.