Showing posts with label Zafar Hilaly. Show all posts
Showing posts with label Zafar Hilaly. Show all posts

Sunday, February 20, 2011

Shah Mahmood Qureshi - One or Two Things I Know About Him

In case you missed the Oscar-worthy performance of former Foreign Minister Shah Mahmood Qureshi on February 16, you might want to take a look at the following clip in which he not only boasts about his great vision and achievements as Foreign Minister and divulges details about the internal workings of the government, he also refers to himself repeatedly in the third person. "Shah Mahmood was right there", "Shah Mahmood cannot be pressured", "Shah Mahmood kept the flag flying" etc. etc. etc.





Whatever else we may have learnt from this entirely self-promoting press conference, it does in fact tell us a few things about the suave pir from southern Punjab.

1. For one, the man has an ego the size of Multan. Anyone who has can refer to himself in the third person with nary a hint of irony or embarrassment has to have something going on in his head that we should all be wary of. Remember a certain Nawaz Sharif?

2. He obviously fancies himself as the reincarnation of another former rebellious foreign minister, Zulfikar Ali Bhutto. The body language, the expressions, the brusque mannerisms seem entirely, albeit unsuccessfully, copied from his professed idol.

3. Consequently it can be easily extrapolated that he also fancies himself as a future prime minister. You just know that's what he has set his sights on. In fact, he casually even brings up his (unsuccessful) nomination as prime minister by Benazir Bhutto in 2002. Obviously, he feels his time has come.

4. He has previously indicated his closeness to the military establishment through some of the stances he has taken. Here he once again lets slip that the Foreign Office decision on Raymond Davis had the direct input of the ISI, or as he calls it "a third state institution." I personally have little doubt after this conference that the feeling is mutual. The military would probably not find a better candidate than him from the current lot of politicos. Imran Khan, a longtime favourite of the boys is of course equally urbane, articulate and acceptable in the West but lacks one critical element that Qureshi has: electability as a prime minister. Are we seeing the grooming of the alternative option?

Meanwhile, at one point in his conference, Shah Mahmood claims that all serving and retired diplomats support him. He obviously did not count on former ambassador Zafar Hilaly. Hilaly can sometimes be a bit of a loose cannon in his writings and statements. But his takedown of Qureshi in today's Express Tribune deserves to be reproduced in all its acerbity.


The rise and fall of Shah Mahmood Qureshi
By Zafar Hilaly 
"Shah Mahmood Qureshi’s performance at his press conference on February 16 deserved a curtain call. His vocation should have been the stage, rather than politics. The affected manner, the dramatic pauses, the contrived humility, letting his expression suggest what words cannot, the fact that he did not actually cry while he made his audience think that he was crying were all expressions of that neurotic impulse that actors develop for the stage. Perhaps if Qureshi really wants to be taken seriously, he should quit acting because that would be a sign of maturity.
On the Raymond Davis matter, he prevaricated when certainty was required; he kept quiet when he needed to speak out and then spoke out when it was best to be silent. What he should have done when he discovered that his take on the Raymond Davis matter differed from that of the leadership of his party — and indeed that they differed on politics and not only principles, because some were contemplating doctoring documents — was to resign and not wait to be booted out which, for all practical purposes, he was.
The trouble with Qureshi, like his icon Zulfikar Ali Bhutto, is that he, too, is a compulsive performer. All politicians are vain but like ZA Bhutto, Qureshi does not wear his vanity lightly. Moreover, he wraps himself up in the flag at the slightest opportunity. Ever the egotist, Qureshi has assumed the role of the wronged patriot much as ZA Bhutto did in 1966 by raising the Tashkent bogey. Faced with the prospect of having lost his job, Qureshi also lashed out at the regime to which he had sworn fealty, in which he had prospered and by which he had been rewarded with high office. But all that Qureshi has succeeded in achieving is to widen suspicion about his loyalty which had always been loitering in the minds of PPP stalwarts, from a chink into a veritable chasm. Needless to say, like Bhutto, who never disclosed the secret clauses of Tashkent — because there were none — we probably won’t ever know what further disclosures Qureshi has up his sleeve.
By exaggerating achievements of his nondescript and relatively brief tenure as foreign minister and laying on self-praise with a trowel, the impression he gave was exactly the opposite of what he intended. It made him sound much like a mother who talks about her own children. Or, better still, like the fly that sat on the axle wheel of the Roman chariot and said ‘see what dust I raise’.
However, while ZA Bhutto had several solid achievements to brag about during his long stint as foreign minister, Qureshi has none. If he stood tall, it is only because, like Gulliver, he served among Lilliputians. To claim, for example, that the mention of Kashmir in his speech at the UN was a singular contribution to the Kashmiri cause amounted to what one friend described kindly as “superfluity of excess,” which is longhand for lies. The brave Kashmiris are responsible for returning the Kashmir dispute to the forefront of the international agenda, not Qureshi’s prattling from the UN podium.
Qureshi’s other claim that, but for him, the India-Pakistan dialogue would not have resumed, was more revealing of the novice that he was, and remains, when it comes to foreign affairs. It is mostly to India’s advantage that talks resume with Pakistan. India is seeking support for her candidature for permanent membership of the Security Council and talks, even if only for the sake of talking, help to show India as being conciliatory. It deflects attention from Delhi’s depredations in Kashmir, which have aroused outrage in India and abroad. On the other hand, talks and their inevitably inconclusive outcome serve no purpose for Pakistan. Thanks to this government and the other preceding it, we no longer have an image that is worth our while to maintain.
Qureshi made much of the fact that he had refused to be pressurised by his own party leaders on Raymond Davis because he did not want to be a party to the killing of ‘innocent’ Pakistanis. Indeed, if the victims are found to be innocent, that would be justifiable cause for elation. However, at the time that he was ‘heroically’ resisting such pressure, and even now, it is by no means certain that the two motorcyclists were entirely innocent. When Qureshi declared them innocent, not even the police had made up their minds, what to speak of the court where the trial has yet to begin. Was he trying to say that he knew that Davis is a homicidal maniac because who else will kill people merely because they were hanging around his car?
As for the ‘consultations’ that Qureshi claims he had with ‘experts’ of other departments before arriving at his conclusions, two of those departments, the interior ministry and presumably the intelligence agencies, would have known next to nothing about the Vienna Conventions. As for the legal wing of the Foreign Office, if those manning it had been remotely competent, they would have made their living at the Bar.
Qureshi would have been better advised to have got expert advice not from his subordinates but from independent experts of repute. Had he done so, he would have realised that the entire matter of the status of Raymond Davis hinged on the fact of whether he was a member of the technical and administrative staff of the embassy, as the Americans claim, in which case he has blanket immunity, or whether he is a consular official attached to the US consulate, in which case he does not.
One should have been able to say with near certainty that Shah Mahmood Qureshi has burnt his boats with the PPP and that his open defiance of the party leadership is as transparent an effort as any that can be made to carve out a bloc of his own supporters within the party, or perhaps to leave it altogether. However, the PPP is now in the hands of people who are all ‘loyal’ to the party, but in their own fashion and only for the moment. The likes of them may well welcome him back when, in fact, he should be stiff armed into oblivion."



Wednesday, February 2, 2011

A Brief History of Diplomatic Immunity (Updated)

Since we Pakistanis often suffer simultaneously from the twin demons of megalomania and paranoia - verily we are better than everyone else and that is why everyone is out to get us - we often also look at history through a rather selective and distorted lens. Unfortunately, none typify this mindset more than the doyens and doyennes of the Pakistani electronic media, in whom a curious mix of hyper-patriotism, half-baked information, sincere ignorance and arrogant bluster seems generally to hold sway.

Take the issue of the day on Pakistani media: whether the American known by his apparent pseudonym "Raymond Davis" - who shot dead two men in Lahore - can be tried by Pakistani courts or whether the US government has any right to claim diplomatic immunity for him. I am not going to offer my own opinion on this because, for better or worse, this is an issue for the US and Pakistani states to sort out. (I should, however, point out that, personally speaking, I do not think armed Americans or armed anyone should be roaming around the streets of Pakistan.)

But having seen numerous commentaries on television where emotive claims have been made about how Americans have not respected diplomatic immunity in their own cases, how immunity does not extend to serious crimes or how Pakistani diplomats have never been extended this kind of privilege, I just want to direct readers to a few examples.

Here's The Independent reporting in 1997 about a case in which a drunk Georgian diplomat killed a 16-year-old girl in New York with his reckless driving and the US requested a waiver from immunity for him. (The paper reports that Georgia was unlikely to approve the request though it actually was approved at the discretion of the Georgian government and the diplomat was sentenced for 7-21 years. He was transferred back to Georgia after serving three years [link courtesy @qabacha].) The piece also cites other incidences of less egregious crimes by diplomats that go unpunished. Appropriately for us, the story is titled "Can A Diplomat Get Away With Murder?"

You may also recall the shooting dead of British constable Yvonne Fletcher apparently by Libyan embassy staff in London in 1984 as well as the wounding of 11 others. Diplomatic immunity allowed the staff not to be prosecuted at all, though Britain subsequently broke off diplomatic relations with Libya. Fifteen years later, Libya accepted "general responsibility" and paid compensation, though some experts continued to question whether the police officer's death was actually caused by someone shooting from within the embassy.

Coming to Pakistani diplomats invoking diplomatic immunity, let us recall the case of our Ambassador to Spain, Mr. Haroon-ur-Rashid Abbasi, who Pakistan withdrew from his post in 1975 without allowing prosecution when heroin was discovered in his suitcase.

Let us also recall the case of our longtime permanent rep at the UN, Ambassador Munir Akram in 2003 who was accused of assault by his then girlfriend. The US also asked Pakistan to waive immunity in that case, which Pakistan did not oblige. (The case was eventually settled when Mr Akram persuaded his girlfriend to withdraw the charges against him).

So, as they say, au contraire, my friends.

Some final points, and please remember that we are only taking issue with the 'facts' of the case as presented in the media. Television analysts have almost unanimously claimed that "Davis" did not have a 'diplomatic visa'. It might behoove someone to ask our media pundits if they have ever actually seen a Pakistani diplomatic visa. From our own investigations, it seems Pakistani visas have no such specified category of 'Diplomatic Visa' (unlike some other countries). In fact, according our sources, all foreign diplomats receive Pakistani visas with the marking "Purpose of Visit:" "Official" or "Official Business" (not Official / Business, another category that does not exist) on their diplomatic passports. If they carry such a visa on their diplomatic passport and the Foreign Office has been so notified, they receive diplomatic immunity during their stay in Pakistan.

Here are some scans of Davis' passport as presented on DawnNews' Reporter programme...

This is the marking on his passport, which clearly states that he is on "diplomatic assignment" (click picture to enlarge):




This is his current visa, issued incidentally not in Washington (as claimed by Shireen Mazari on Geo and Syed Talat Hussain on DawnNews) but in Islamabad:



In fact, "Davis" only once received a three-month visa in 2009 from Washington. His subsequent 4-month visa in 2010 and his current 2-year visa were both issued within Pakistan.

Kamran Khan on Geo also went to great lengths to 'break the news' that "Davis" is a spy who works for the CIA. He almost certainly is. But not only is that not amazing insight, we have to ask, so? Is his actual work the issue of contention here? As former ambassador Zafar Hilaly pointed out on Dunya, spooks get posted on "cover postings" abroad all the time, including by the Pakistan Foreign Office, and they all receive diplomatic immunity under the Vienna Convention. Let's at least be clear what we are arguing about.


: : : UPDATES : : :

There have been some comments questioning some of my assertions in this post, which have been answered in the comments section. You may want to have a look.

A couple of other cases have been brought to our notice which we are also sharing. The first is the case in January 2001 of a Russian diplomat who killed a woman in Canada while driving drunk. A couple of quotes from this piece are worth pointing out.


"Andrey Knyazev was charged with criminal negligence causing death, impaired driving, failing to provide a breath sample, and criminal negligence causing bodily harm. Knyazev immediately claimed diplomatic immunity and on Monday, Russia denied Canada's request to lift it. [Russian Ambassador Vitaly] Churkin urged Canadians not to judge all Russians on the actions of one man. But he defended his government's right to recall Knyazev, saying it's tradition and common practice in the diplomatic community. “Many people are not happy that we didn't lift the diplomatic immunity," Churkin said. "The Canadian government has expressed its displeasure but recognized that this is our right.""


And this bit of wisdom from Canada's Foreign Minister that Pakistanis may also want to understand:


"[The] tragedy has raised questions about the use of diplomatic immunity to escape prosecution. But Foreign Affairs Minister John Manley says he will not use this case to press for changes. "There's an old saying among lawyers that hard cases make bad law," Manley said following a cabinet meeting Tuesday. "I think that (revising diplomatic rules) is something that we'd want to look at in a broader circumstance, not in the situation which we're in now," he said."



Incidentally, Shahid Saeed has also pointed out two further cases where Pakistani diplomats have invoked diplomatic immunity. The first involved Col Mohammad Hamid, a military attache in Pakistan's High Commission in London, who was caught in 2000 having sex with a prostitute in his car in a public place. When caught, Hamid immediately invoked diplomatic immunity and therefore could not be arrested. Here's an Indian Express report of the incident, which was also reported in the English papers.

The second involved the arrest in April 2001 in Kathmandu of Pakistan's first secretary Mohammad Arshad Cheema. 16kg of high-intensity explosive RDX were recovered from his residence. The Indian government believed him to be also linked to the hijacking of the Indian Airlines flight IC-814 which resulted in the freeing from Indian prisions of (subsequently Daniel Pearl murder accused) Omar Saeed Sheikh and Jaish-e-Mohammad leader 'Maulana' Masood Azhar. This report from the respected Indian magazine Frontline presents a wider and less one-sided perspective on the arrest. It also provides evidence of two things we already asserted in our post: that spies (and even military operatives) are often posted by foreign governments under diplomatic cover and that diplomatic immunity extends even to grave crimes. Cheema was expelled from Nepal rather than be prosecuted even though, by any definition, possessing high intensity explosives for ulterior motives is a very serious charge in any country.