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Zangezur corridor: New transport route to connect Europe and Asia

BY ANASTASIA LAVRINA
AUG 09, 2022 – 12:05 AM GMT+3 – The Daily Sabah – dailysabah.com

A view of the newly rebuilt village of Agali in the district of Zangilan, Azerbaijan, July 19, 2022. (AFP Photo)

The unblocking of transport corridors will both open up a lot of considerable financial opportunities and contribute to long-term peace in the South Caucasus region

The settlement of the Karabakh conflict between Armenia and Azerbaijan as a result of the 44-day Second Karabakh War completely changed the geopolitical situation in the region, opening up a number of new opportunities. The unblocking of transport corridors has become the No. 1 topic for discussion. Among the most urgent projects, we can confidently note the opening of the Zangezur corridor, which will connect both Azerbaijan and the Nakhichevan Autonomous Republic through Armenia, Russia and Turkey, paving the way from Asia to Europe and the Middle East.
The project will not only open up a lot of economic opportunities but also contribute to the formation of long-term peace in the region of the South Caucasus.
Importance of Zangezur corridor
Why is the Zangezur corridor so important at the global level?
The Zangezur corridor will become the shortest land transport route between the Pacific and Atlantic oceans, as well as the intersection point of the North-South and East-West routes. It will significantly expand the operation of land transport routes connecting Europe and Asia.
The resumption of work of both railways and roads through the Zangezur corridor was discussed by the leaders of Azerbaijan and Armenia at the meetings held in Brussels. The European Union strongly supports the opening of the transport routes in the region. Just recently, U.S. Secretary of State Antony J. Blinke spoke over the phone with Azerbaijani President Ilham Aliyev and reiterated the United States’ offer of assistance in helping facilitate the opening of regional transportation and communication linkages.
 
Since the end of the Karabakh conflict, Turkey has been supporting the opening of the Zangezur corridor and dialogue efforts to fix broken relations between Azerbaijan and Armenia. On July 21, İstanbul hosted the second trilateral meeting of the chairpersons of the Parliaments of Azerbaijan, Pakistan and Turkey. Speaking at the event, Parliament Speaker Mustafa Şentop highlighted the restoration of justice in the Karabakh region of Azerbaijan and said that the Zangezur corridor will increase economic well-being in the region.
The opening of the Zangezur corridor will give Turkey a gateway to the Caspian basin and one of the faster routes to Central Asia and China as it offers huge economic and energy potential. Central Asian states are now looking for an additional route to access Europe due to the current situation around Ukraine. Operating the Baku-Tbilisi-Kars railway project and the launch of the Zangezur corridor suggests that a general agreement on multimodal transportation between all countries through the Caspian Sea will be reached in the near future. This means that the cargo flow in these directions will increase, which will also lead to an increase in the volume of exported products.
The launch of the Zangezur corridor will also ensure the development of the Middle Corridor, which will have a positive economic impact on the entire region, from the Black Sea through the Caucasus and Central Asia to India, China and other countries of East and South Asia.
Armenia-Turkey relations
Why does the normalization of relations between Armenia and Turkey play an important role in this process?
Armenia and Turkey have agreed to move forward with efforts to normalize relations with the end of the Second Karabakh War. Since the beginning of this year, the special representatives of Turkey and Armenia on the normalization of bilateral relations have held four meetings in Moscow and Vienna. The last meeting on July 1 resulted in an agreement on the possibility of crossing the Armenian-Turkish land border for citizens of third countries and carrying out direct air cargo transportation between Armenia and Turkey. In a wide-ranging interview, Foreign Minister Mevlüt Çavuşoğlu made the normalization of Turkish-Armenian relations conditional on Armenia negotiating a peace accord with Azerbaijan and opening a land corridor to the Nakhichevan Autonomous Republic.
Until now Armenia has been trying to drag out the opening of the corridor under various pretexts although the unblocking and restoration of communication is important for the country itself, which has been under an economic blockade for about three decades. However, given the increased interest of global powers in the launch of the corridor, the situation may change at any time.
This is the reality and it is time to make the right decision.

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Restoring democratic momentum in Tunisia

By Punch Editorial Board

www.punching.com

9th August 2022

DEMOCRACY is under threat in Tunisia, the birthplace of the 2011 Arab Spring. The incremental power grab by President Kais Saied has reversed major democratic gains the Arab nation recorded after the momentous protests. With a dodgy referendum that gave him new sweeping constitutional powers last month, the last surviving spark of democracy in the Arab world appears to have dimmed.
It is a setback for democracy. It dismays liberals around the world, who had hoped that this country of 11.8 million would beam a democratic light in a region dominated by autocracy. In its Democracy Index 2020, The Economist ranked Israel and Tunisia as the only democratic countries in the Middle-East.
The slide back into autocracy in the North African country is therefore troubling. It was there in 2011 that years of economic hardship and political repression boiled over into pro-democracy protests that spread through the Arab world. Tunisia emerged from the struggle as a democracy, the stirrings in Bahrain, Oman, Morocco, Jordan, Algeria and Iraq were met with either outright repression or cosmetic institutional changes. In Syria, the hunger for democracy was violently quashed. No fewer than 306,887 civilians were killed and millions displaced between March 2011 and March 2021, reported the UN Human Rights Office.
Today, protesters in Lebanon, Sudan, Iraq and Palestine hold on to democratic aspirations. In Libya, it led to rebellion against strongman, Muammar Gaddafi, his ouster and death. Libya has since descended into civil war among rival factions and Islamist terrorists. In Egypt, strongman Hosni Mubarak was overthrown; the Islamists that won the first democratic elections immediately reverted to repression and have since been replaced by another autocratic regime.
Tunisian masses that toppled long-time despot, Ben Ali, in 2011 are today confronted with an undisguised autocrat. In September, Saied established a system under which he would essentially govern Tunisia by decrees, bypassing the 2014 Constitution that was adopted after years of painstaking negotiations. Saied invoked Article 80 of the constitution ostensibly to prevent imminent “danger threatening the integrity of the country.”
He froze parliamentary activities for 30 days, suspended parliamentary immunity for all lawmakers and dismissed Prime Minister Hichem Mechichi so he could pick a PM of his choice. These moves effectively rubbished the sacrifices and progress of the last decade. He topped it up with a referendum in July with only 30.5 per cent turnout and 94.6 per cent approval of a new constitution that grants sweeping presidential powers and erodes parliamentary oversight.
In the decade since its democratic revolution, nine successive governments have failed to fix Tunisia’s serious economic problems. Ominous signs that the democratic experiment in Tunisia is facing headwinds emerged in a September 2020 poll by the International Republican Institute, in which 87 per cent of Tunisians said their country was “headed in the wrong direction.”

Since 2011, the Tunisian dinar’s value has halved. Unemployment currently hovers around 18 per cent nationally and as high as 32 per cent in some parts, and corruption is endemic. Public debt has more than doubled from 39 per cent of GDP in 2010, and with the government forced to shell out large sums to service its debt, there is some concern that Tunisia could go the way of Lebanon and default.
Unsurprisingly, Arab Barometer’s 2019 country report on Tunisia found that confidence in democratic institutions had “fallen dramatically” and Tunisians were “far less likely to trust the government or parliament than at the time of the revolution.” Tellingly, 51 per cent of the Tunisians surveyed said democracy is “indecisive;” 42 per cent said it “leads to instability” and 39 per cent blamed it for “weak economic outcomes.”
Tunisia was first ranked ‘free’ in Freedom in the World 2015, but democratic progress has stalled. Though municipal elections were held in May 2018 after a two-year delay, the government has failed to revise the country’s laws to conform to the constitution.
After adopting a constitution in 2014 that was hailed by the Norwegian Nobel Committee as “the most egalitarian and democratic” in the Arab world, the government started rolling back freedoms in response to terrorist attacks the very next year. It imposed a state of emergency that has yet to be lifted and passed an anti-terrorism law that gave sweeping authority to security forces.
Impunity for abuses and arbitrary restrictions by security forces, the government’s partial rollback of fundamental freedoms, incomplete judicial reforms, and a weak legislative branch are considered the most pressing challenges to Tunisia’s democracy.
International partners, the United Nations, the United States, the European Union, and the World Bank should focus their assistance strategy on achieving key democratic benchmarks. The US should restart public diplomacy, pressing for the establishment of a constitutional court, the cancellation of the state of emergency, and revisions of the penal code and other repressive laws.
Although freedom of expression was enshrined in Decree 115 of 2011 and the 2014 Constitution, the government continues to use older press, penal, and military codes to target outspoken critics and journalists. Between 2014 and 2017, the government reportedly suspended 157 associations, dissolved 198, and referred another 947 to court.

As the largest donors supporting Tunisia’s democratic development, the US, EU, and the World Bank should engage with the government. US democracy funding for Tunisia increased by over 4,000 per cent from $500,000 in 2015 to $20.89 million in 2016 and $40.99 million in 2017. The EU’s, from zero in 2015, accounted for 18 per cent of the bloc’s total €356 million aid package to the country, dubbed a ‘Marshall Plan’ to support democratic consolidation.
The World Bank has allocated $430 million to support Tunisia’s decentralisation, which had helped improve the capacity of governance institutions at the local level.
US and EU policymakers should ensure that their efforts directly address the country’s most critical democratic obstacles, including promotion of an independent judiciary and functioning legal system, protection of civil society organisations, and strengthening parliamentary and civic engagement on policy and governance.
The international community should rally round to save Tunisia’s democracy and push back the dark tyranny threatening to eclipse its people’s hard-won freedom.

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Don’t expect Tunisia to join the Abraham Accords with Israel

 

Emily Milliken

Giorgio Cafiero

08 August, 2022

Analysis: Despite rumours and grave economic problems, support for Palestine runs deep in Tunisian society, with Kais Saied seeing any benefits to normalisation vastly outweighed by the costs.

Since Morocco joined the Abraham Accords in December 2020, there has been constant speculation about which Arab government might be next.
Various US officials and Israeli media outlets have implied or predicted that Tunisia could be that country.
But although the prospect isn’t impossible, there is ample reason to seriously doubt that Tunis would join the normalisation camp.
President Kais Saied now basically runs a one-man show in Tunisia. Therefore, his views on Israel-Palestine must be understood. Tunisia entering the Abraham Accords would require Saied to abandon an important political conviction that for years has been key to his image.
When participating in a presidential debate on 12 October 2019, Saied strongly denounced normalisation with Israel and even condemned the use of the word normalisation. He declared that the “normal condition is that we are in a state of war with an occupying entity”. Saied accused Tunisians who favour opening diplomatic relations with Israel of “treason”.

“Although the prospect isn’t impossible, there is ample reason to seriously doubt that Tunis would join the normalisation camp”

Saied’s passionate condemnation of normalisation in that 2019 debate was “very memorable for many Tunisians,” said Monica Marks, an assistant professor of Middle East politics at New York University, Abu Dhabi, in an interview with The New Arab.
But that wasn’t just campaign speak. In Saied’s 2019 victory speech he vowed to “support the just causes, including that of Palestine”.
As Marks put it, “He’s built not an insignificant part of his political identity in Tunisia on a throwback to old school Arab nationalism that is grounded in, among other things, opposition to having dealings with Israel”.
Saied’s firm opposition to normalisation has been important to his base of supporters during the 2019 election, his 2021 coup, and the present period.
“He has strong support still in certain corners of the Arab nationalist part of Tunisia’s ideological landscape which identifies itself very strongly with opposition to Israel. That’s a core feature, if not the core feature, of Arab nationalist political identity in Tunisia,” added Marks.

Saied is far from being the only Tunisian who has denounced any talk about the Tunisian state having dealings with Israel. Throughout Tunisia’s society there has long been passionate support for the Palestinians, underscored by public demonstrations in favour of Palestinian rights and the anti-normalisation bill brought up in the parliament.
“I don’t think there will be a normalisation between Tunisia and Israel,” Youssef Cherif, the director of the Colombia Global Centers in Tunis, told TNA.
“This move would be highly unpopular in Tunisia, and there are enough freedoms in the country, even after Saied’s power grab, to allow people to make their disagreements public if that’s to happen or to be debated.”
As Marks explained, the culture in Tunisia is “very oppositional” regarding anything resembling normalisation with Israel. “Its opposition to having any dealings with the Israeli state is actually a key feature of Tunisia’s regional geopolitics.”
Many Tunisians’ firm opposition to Israel is about much more than just the Palestinian cause.

A young protester lifts a placard that reads in Arabic, ‘you have to criminalize normalization with Israel if you are honest’, during a demonstration held in front of Tunisia’s parliament on 18 May 2021. [Getty]

Israel bombed the Palestinian Liberation Organisation’s headquarters in Tunis in October 1985, which resulted in roughly 60 deaths and 100 injuries. That attack fuelled grievances which continue to inform many Tunisians’ perceptions of Israel as a threat not only to their fellow Arabs in Palestine, but also to their own country.
“Whenever a video gets leaked of tourists [in Tunisia] speaking Hebrew to each other on a tour bus and goes viral on Tunisian social media it provokes a lot of pushback,” Marks pointed out. “Having any kind of dealings between the Tunisian state and Israel is very much a political livewire in Tunisia.”
If Tunisia were to enter the Abraham Accords, it would be fundamentally different from Morocco doing so. The unofficial Israeli-Moroccan relationship that existed for many years before Rabat normalised with Tel Aviv in late 2020 resulted in a much less drastic change for Morocco than what could be expected in Tunisia if the country goes that route.

“Its opposition to having any dealings with the Israeli state is actually a key feature of Tunisia’s regional geopolitics”

“Roughly a fifth of the Israeli adult population is of Moroccan origin,” William Lawrence, a professor of political science at the American University in Washington, pointed out in a TNA interview.
“Prior to the pandemic about 70,000 Israeli tourists were visiting Morocco every year, partially as a part of heritage tourism, visiting refurbished synagogues and the Arab world’s only Jewish heritage museum. Morocco’s new security relationship with Israel is deeply rooted in historical, cultural, and economic ties with its own diaspora,” added Lawrence.
However, Tunisia’s landscape is different. “In Tunisia, you’d need a lot of time to prime things up and change the culture,” Jalel Harchaoui, a researcher specialising in Libya, told TNA. “Having your army and security forces accept being close friends with Israel, that’s going to take time.”

Regional dynamics
There are also regional factors to consider. Egypt and Morocco would welcome Tunisia entering the Abraham Accords. But it would fuel serious problems in Algerian-Tunisian relations.
To Algeria, Moroccan-Israeli relations as well as the Arab region’s trend toward normalisation are threatening.
Mindful of Israel’s support for Moroccan foreign policy vis-à-vis Western Sahara, Tel Aviv’s posturing against Algeria, and Moroccan-Israeli military cooperation, Algeria fears the implications of a stronger Moroccan-Israeli partnership. If Algeria becomes surrounded by states that have normalised with Israel, the Algerians will feel increasingly insecure.
In response to rumours about Tunisia joining the Abraham Accords, Algerian officials have expressed fear.
One Algerian official anonymously told Al-Araby Al-Jadeed, The New Arab’s Arabic-language sister publication, that Algeria is deeply concerned about Tunisia joining the Abraham Accords and the “possibility that there is a regional vision for ways to drag Tunisia towards normalisation, which involves destroying the political situation and exploiting Tunisia’s needs, and that the pro-normalisation axis is working quietly [to this end] and is happy to play the long game”.

The late Palestinian leader Yasser Arafat walks amid the rubble of the PLO headquarters in Tunis on 2 October 1985 after six Israeli planes bombed and totally destroyed the PLO complex. [Getty]

Lawrence explained that “Algeria’s significant assistance to Tunisia is usually seen through the lens of helping keep Tunisia out of the Gulf or Egyptian sphere of influence, or even the Russian one. But another angle of analysis can be to see it as keeping Tunisia at some degree of distance from the burgeoning Israeli-Emirati-America sphere, and at the expense of further marginalising Palestinians”.
If Tunisia enters the normalisation camp, “Algeria is going to be unhappy and Algeria provides a lot to Tunisia,” said Harchaoui.
“It’s not publicised but it has resumed providing tourists since 5 July when the announcement of the reopening of the border was made and it provides natural gas. It provides a number of security guarantees. So, Algeria being unhappy will have tangible effects on Tunisia. They’re not of the pleasant kind.”

A reason to join?
Why should Tunisia joining the Abraham Accords be considered a possibility? The simple answer is desperation.
Tunisia faces several grave economic problems and needs support from foreign governments and institutions. “It’s a country where very soon you’re not going to be able to buy fuel, where civil servants are not going to receive their salaries anymore, where you’re not going to be able to buy insulin for diabetics,” Harchaoui said.
“All kinds of basic stuff are going to cease to be available because of this tragic situation that’ll translate most likely into a debt default, and still Western nations don’t seem to care”.
Whether entering the Abraham Accords could elicit a loan from the US, Gulf states like the UAE, or somewhere else is unclear. “What the world has been saying is that it doesn’t care about Tunisia. So…offering to join the Abraham Accords is something that Kais Saied might try,” explained Harchaoui.

“Ultimately, serious concerns about Tunisia’s economic future could prompt Saied to abandon his stance against Israel”

When asked if she thinks that Tunisia will normalise with Israel, Marks responded, “I’d be surprised if it happens as long as Kais Saied is at the helm”. But she maintained that it is not impossible, mindful of incentives that some Arab states could give him for bringing Tunisia into the Abraham Accords.
“Saied does find himself in close conversation with Sisi and in some ideological company with Gulf actors who see him as a potential vehicle for their interests,” according to Marks.
“I don’t think they’re convinced yet, but they see him as a potential vehicle. He has been willing to wheel and deal with states that see him as an important bulwark of stability. He has interests like any other leader.”
Ultimately, serious concerns about Tunisia’s economic future could prompt Saied to abandon his stance against Israel. There is no denying that the US, Israel, the UAE, and Morocco would strongly favour Tunisia joining the Abraham Accords. These governments may try to push Saied in that direction. However, the fallout could fuel problems for the leadership in Tunis, not only internally but also with its much larger neighbour Algeria.
Already certain political parties and civil society organisations in Tunisia have demanded that Saied reject the credentials of Joey Hood, the US’s ambassadorial nominee to Tunisia.

Nour Odeh

Their reasons have included Hood’s support for expanding the Abraham Accords to include Tunisia and his pledge to “use all tools of US influence to advocate for a return to democratic governance and mitigate Tunisians’ suffering from Putin’s devastating war, economic mismanagement and political upheaval”.
Tunisia’s former foreign minister, Ahmed Wanis, implied that Hood had “failed” as Washington’s ambassador to Tunisia before even beginning the post due to his efforts to bring Tunisia into a normalisation accord with Israel.
As Wanis put it, “they want to drag Tunisia to join those countries on the basis of a deal that involves granting Tunisia financial aid in exchange for recognition of Israel”.
Probably, at least for now, Tunisia’s government perceives the potential benefits of making such a controversial move as not outweighing the costs, which take the form of serious political risks.
Thus, Tunisian officials are likely sincere when denying the validity of claims that Tunis is on the verge of going down the normalisation road.

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Imran Khan has no real interest in actually representing his voters in parliament at the moment

By inviting supporters to take part in an attempt to also sabotage the Election Commission’s mandate, he is setting a dangerous precedent. 
Asia News Network – Click Here

 

 
August 8, 2022
ISLAMABAD – OUSTED PM Imran Khan is attempting to make a very expensive point with his decision to contest all nine National Assembly seats going up for by-election on Sept 25. To recap, these nine general seats (as well as two reserved seats for women) were formally vacated after the controversial acceptance of the resignations of only 11 PTI MNAs recently by the National Assembly Speaker.
While the NA Speaker gave no rationale for his decision, the move seemed aimed at deflating some of the pressure for early elections that had been created by the en masse resignation of over 100 PTI lawmakers in April.
However, the PTI chief has now come up with a counter-strategy: pit himself in all nine by-elections announced and, in case he wins one or more seats, nullify the entire exercise by ensuring that by-elections have to be held on the same seats again and again. Mr Khan has thereby turned the by-election into a personal referendum. Victory along the lines of the July 17 by-polls in Punjab would give his narrative strong validation and a chance to thumb his nose at critics.
However, Mr Khan has no real interest in actually representing his voters in parliament at the moment. Therefore, this seems like an unnecessary attempt to stay relevant at the expense of the state exchequer. One also wonders what his strategy would be if by-elections were to be announced on all the seats vacated: would Mr Khan nominate himself as the PTI’s sole candidate on all 100 or so seats? Quite the farce that would be.
Meanwhile, the animus between the PTI chairman and the chief election commissioner that has been made central to the party’s discourse is also worth a review. It seems quite hypocritical considering that Mr Khan accepts that he endorsed Sikandar Sultan Raja’s appointment, even if at the advice of the establishment. Yet, regardless of who made what recommendations, as a leader, he must take full responsibility for his decision. Considering how many years his party spent gloating and stressing the same point when the then opposition had protested against the heavy-handedness of former NAB chief Javed Iqbal, it does not behove Mr Khan to now cry foul.
By inviting supporters to take part in an attempt to also sabotage the Election Commission’s mandate, he is setting a dangerous precedent. The exercise, if it succeeds, may turn people even more distrustful of and hostile to the electoral process. The move may drive home the point that the PTI is willing to go to any lengths to force a general election, but it is ultimately a destructive endeavour that will waste public resources and undermine the spirit of the democratic system. The PTI chief has already been propagating his political message through rallies and jalsas; why can’t he continue to seek public validation through such events?

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Constitution for future generations only

The Constitution must not be interpreted according to judges’ personal preferences

ByRaja Hamza Anwar

 PakistanToday.com

The sentence “Constitution is an organic document that is to be interpreted with a mind to the future generations to come” is one of the cannon in the judicial arsenal that is more often than is necessary applied in interpreting the Constitution by the Supreme Court. The organic assessment of the Constitution has become a euphemism for validating a judicially active interpretation of the Constitution, justifying a form of construction concerned with the result founded on individual judges’ subjective moralities, as opposed to the means employed for reaching that conclusion. The development of Constitutional jurisprudence predicated on ensuring reaching ends and forsaking critical assessment of the means employed to reach those ends have consequently served to abridge and encumber the right of political representation in Pakistan.
No part of the Constitution has experienced a more morally zealous interpretation than Article 62(1-f). Take, for example, the case of Samiullah Baloch v Abdul Karim Nousherwani PLD 2018 SC 405, colloquially referred to as the ‘lifetime disqualification case’, in which the Supreme Court declared that any member of Parliament caught by the mischief of Article 62 would be disqualified for life. The Supreme Court while coming to this conclusion drew upon the principle that the Constitution was an organic document to be interpreted for times to come. The court’s view admitted that the virtues of moral sagaciousness, righteousness, honesty, and trustworthiness contained in Article 62(1-f) are subjective moralities and can hardly be objectively assessed.
Despite the difficulty in objectively assessing a list of open-ended virtues required of a parliamentarian, the court proceeded to impose a perpetual ban on parliamentarians from participating in elections thereby, invented and reading into Article 62(1-f) an onerous punishment by judicial interpretation. The inducement of shunning non-virtuous behaviour, couched in the organic interpretation of the Constitution had presented the Honourable court a doctrinal leeway to import its subjective morality denouncing what it considered to be non-virtuous behaviour and consequently stipulating a punishment unfound in the Constitution, either textually or structurally. The consequence of such moral reasoning would inescapably bind future courts to treat even cases involving inadvertent omission in the declaration of assets at par with intentional and fraudulent misdeclaration of assets.

Yet, even proponents of this doctrine have had to struggle with the predicament of the judiciary acting as an ecclesial body in acting under the pretext of making an enduring Constitution. It may appear, that the incessant need to attend to the unforeseen peculiarities of future generations have led to an abandonment of the text and the structure of the Constitution for the present generation.

An alternate result could have been achieved with a structural interpretation of the Constitution. This could have been done by reading Article 62(1-f) contiguously with Article 63(1)(h) as the latter provision espouses the same values enunciated in Article 62(1-f). Article 63(1)(h) imposes a disqualification penalty for five years following an imprisonment of not less than two years for being convicted of committing moral turpitude. The court in Samiullah Baloch could have read Article 62(1-f) to stipulate a disqualification for not more than five years. Logic also dictates that a finding of guilt, by a court of law, for committing moral turpitude according to Article 63(1-h) would carry a greater blot on a person’s character and moral righteousness, than an individual who has not been found guilty by a court of law. Penalty for moral turpitude coupled with a subsequent disqualification from contesting elections are two independent penalties conceived by Article 63(1-h). Whereas, Article 62(1-f) envisages only one penalty, i.e. disqualification, for virtually the same moral void in a Parliamentarian as one contained in Article 63(1-h) thereby, indicating that Article 63(1-h) was intended to be harsher punishment for committing non-virtuous behaviour than the one contained in Article 62(1-f). Such a structural reading of the Constitution, guided by an overarching fundamental right of individuals to contest elections may have guided the court to find a proportionate punishment for a violation of Article 62(1-f).
More recently, Article 63A Constitution has emerged as a victim of the ends and not means interpretation. A constant theme in the short order in Supreme Court Bar Association of Pakistan v Pakistan Tahreek-e-Insaf involved lambasting the vice of floor-crossing and defection. The court’s employment of choice of sentences such as ‘cancer afflicting the body politic’, coupled with an assertive direction to the Parliament to legislate against defection inseparably reflects its emotive stake in the issue. Instead of intricately engaging with past precedents to interpret Article 63A, the court relentlessly imported a subjective disdain for defection and floor-crossing that led to an interpretation inconsistent with a past judicial precedent of Wukala Mahaz Barai Tahafaz Dastoor PLD 1998 SC 1263, in which the Supreme Court held that Article 63A is a penalty provision in our Constitution which ought to be applied restrictively.
Contrastingly, the majority in deciding the presidential reference invented another penalty of not counting the votes of the defected members. Reacting to this judicial invention, the dissenting judges aptly described it to be a ‘re-writing and reading into the Constitution’. Constitutional dilemmas emanating from Article 63A have stoked political strife in Pakistan consequently, tarnishing the sanctity of Parliament as a hallowed institution. It may have been avoided, or at least added certainty for the future had the Honourable Court addressed the unanswered critical issues about the enigmatic relation vis-à-vis the “Parliamentary Party”, “Party Head” and a “Political Party”, as well as the mode and manner which a Parliamentary Party must adopt before issuing a direction to vote a certain way.
The use of the Constitution as an organic document emanates from a concept known as the “Living Tree Doctrine”, as advocated by Professor David Strauss. This style of reading the Constitution posits that a Constitution is a document that has to be given a wide meaning, ensuring the document’s longevity in the face of constant socio-economic evolution.
Yet, even proponents of this doctrine have had to struggle with the predicament of the judiciary acting as an ecclesial body in acting under the pretext of making an enduring Constitution. It may appear, that the incessant need to attend to the unforeseen peculiarities of future generations have led to an abandonment of the text and the structure of the Constitution for the present generation.

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Syria more than doubles petrol prices: Ministry

AFP
Damascus, Syria

Published: 07 Aug 2022, 02: 53- en.prothomalo.com

Syria’s internal commerce ministry has announced a petrol price hike of around 130 per cent in the war-torn country facing fuel shortages and extended power cuts

 

The cost of a liter of subsidized fuel will rise to 2,500 Syrian pounds, from 1,100 previously, a rise of 127 per cent, the ministry said in a statement quoted by the official SANA news agency late Saturday.

The cost of non-subsidised petrol will rise from 3,500 to 4,000 Syrian pounds, the ministry added.

 

The increases represent the third time this year that authorities have increased the price of fuel, as the Syrian pound continues to depreciate.
Syria’s currency is trading at around 4,250 to the dollar on the black market, compared to an official rate of 2,814.
“This measure will hit everyone,” said Raed al-Saadi, a warehouse worker. “Our salary is now only enough to get us to the workplace, and not even enough to get us home again.”

 

“Life has become very difficult and I don’t where this situation will lead us,” the 48-year-old added.
Since the outbreak of war in 2011, Syria’s oil and gas sector has suffered losses amounting to tens of billions of dollars.
The economy has been hit hard by both the long-running war and sanctions imposed against Damascus.
A UN commission in March called for a review of sanctions against President Bashar al-Assad’s regime because of concerns that the measures were hitting ordinary people too hard.

 

The conflict in Syria started in 2011 with the brutal repression of peaceful protests and escalated to pull in foreign powers and global jihadists.
It has killed around 500,000 people and displaced around half of the country’s pre-war population.

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Jumblatt to Hezbollah: Lebanon’s President Should be Accepted by All Sides

Saturday, 13 August, 2022 – 07:45 – Asharq Al-Awsat
English.Aawsat.com

The head of the Progressive Socialist Party, Walid Jumblatt, and political advisor to Hezbollah’s Secretary General Hussein Khalil (Asharq Al-Awsat)

Beirut – Mohamed Choucair

The head of the Progressive Socialist Party, Walid Jumblatt, and political advisor to Hezbollah’s Secretary General Hussein Khalil have discussed several problems facing Lebanon, mainly the upcoming presidential elections.
The meeting was attended by PSP officials MP Wael Abu Faour and former Minister Ghazi al-Aridi, and top Hezbollah official Wafiq Safa.
Sources told Asharq Al-Awsat that discussions focused on their differences over Hezbollah’s weapons and Lebanon’s defense strategy.
According to the sources, the meeting also reviewed the presidential elections, but no candidates were discussed. They instead addressed Jumblatt’s rejection to support a candidate backed by Hezbollah.
They pointed out that Jumblatt called for electing a president who is not provocative and is accepted by all political parties.
The sources quoted Khalil as saying that Hezbollah seeks to form a new government and elect the president on time after Jumblatt warned that the country cannot afford a presidential vacuum.
The term of President Michel Aoun will end in October 2022.
During Thursday’s meeting, the PSP chief addressed the issue of Hezbollah sending drones over the Karish field and asked whether it was an Iranian message to improve the terms of its negotiations on its nuclear program.
Hezbollah said in July it had sent three unarmed drones towards the Israeli Mediterranean gas rig, which the Israeli military said it had intercepted.
Khalil stressed that Iran does not need drones to improve its position and that the unmanned aircraft aimed to improve Lebanon’s position in the US-mediated negotiations with Israel on the maritime border demarcation.
The sources noted that Jumblatt asked about the possibility of a new war, and Khalil explained that if Israel continues to deprive Lebanon of its right, all options are on the table.
The head of the PSP asserted that Lebanon could not afford a new war, especially in light of the deteriorating economic conditions.

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Rethink urged on social housing priority list law

Bahrain News 
By Mohammed Al A’AliMon, 08 Aug 2022

 
Housing and Urban Planning Minister Amna Al Romaihi and senior officials are being briefed on new social homes that would be built in the country

A RETHINK on a proposed law, which will aim at giving priority to Bahrainis suffering from disabilities, and chronic and long-term illnesses when distributing social homes, has been urged by the government. For the rest of the story, please click here

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Chad peace talks accord to be signed without key rebel group

The New Arab Staff & Agencies

08 August, 2022

Under the accord, to be signed in the Qatari capital Doha, talks aimed at paving the way for a presidential election will start on 20 August

Qatar has been mediating between Chadian opposition groups and the military government [AFP via Getty]

Chad’s military leader will sign a deal on Monday with more than 40 opposition groups to launch national peace talks, but the central African country’s main rebel outfit has refused to take part.
Under the accord, to be signed in the Qatari capital Doha, talks aimed at paving the way for a presidential election will start on 20 August.
Since March, Qatar has been mediating between opposition groups and the military government of Mahamat Idriss Deby Itno, a general who seized power after his father died in a battle with rebels last year.
But the Front for Change and Concord in Chad (FACT), the main rebel group, said it would not sign the deal despite last-minute efforts by Qatar’s mediators.
In a statement released in Doha, FACT said it “rejects the accord that will be put to signatories on Monday”.
It added that participants in the national dialogue would not be treated equally and demanded a new committee be set up to organise the talks, as well as the release of rebel prisoners in government prisons.
“However FACT remains available for dialogue anywhere and anytime,” added the statement from the group, which is estimated to have between 1,500 and 2,000 fighters.
FACT fighters led the rebel offensive in which Deby’s father, Idriss Deby Itno, who had been president for 30 years, was killed.
Chad has had little stability since its independence in 1960, and the coming talks are being widely watched, as the country is seen as a key ally in international efforts to counter Islamic extremists fighting around the region.
Qatar’s foreign ministry said the talks, to be held in Chad’s capital, N’Djamena, would seek “inclusive national reconciliation”.
Some 42 of the 47 groups represented in the Doha talks will sign the accord, officials said.
Talks will ‘struggle’ without FACT
The Doha accord commits signatories to a ceasefire during the N’Djamena talks.
The military government has also guaranteed the safety of rebel leaders who attend the talks.
Qatar had wanted FACT leader Mahamat Mahdi Ali to leave his desert camp in Libya to attend the signing.
But FACT and other groups say the guarantees were not strong enough. They have also demanded that Deby pledge in advance that he will not stand in any election.
Deby, 38, promised elections in 18 months when he seized power in April last year.
But his junta has retained the power to extend its “transitional” rule by 18 months. Deby faces pressure, however, from France, the European Union and the African Union to meet the October deadline.
“Getting this many groups to sign the accord is a good launchpad for the national dialogue, but it will struggle without outfits such as FACT,” said the head of one political group that has agreed to sign on Monday.
The Chadian government has said that more than 1,300 representatives of rebel groups, civil society, trade unions, political parties and government officials will attend the N’Djamena talks.

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Iran and Political Hallucination

Sunday, 7 August, 2022 – 09:30 – https://english.aawsat.com/home/article/3802501/tariq-al-homayed/iran-and-political-hallucination 

Tariq Al-Homayed
Saudi journalist and writer, and former editor-in-chief of Asharq Al-Awsat newspaper

As Israel strikes Gaza, targeting Islamic Jihad with arrests and assassinations, the head of Quds Force, Brigadier General Esmail Qaani, said that Hezbollah was capable of wiping Israel off the map when the time is right.
Speaking on Friday evening in the city of Sari in northern Iran, he said that “security in the Zionist entity is declining, and Hezbollah is planning to deal it its final blow at the time is right;” adding that “Hezbollah, in eradicating this artificial entity, will achieve the aspirations of Imam Khomeini in wiping it off the map and the earth.” He also reaffirmed Iran’s support for Hezbollah.
The question we must direct at the Quds Force Commander and all the factions aligned with the lying axis of resistance is: when will it be the “right time” to wipe Israel off “the map and the earth?”
This question is especially pertinent given because the Quds Force Commander made these statements while Lebanese Foreign Minister Abdallah Bou Habib says that the border demarcation negotiations with Israel have reached an advanced stage.
Speaking to the Lebanese newspaper Al Joumhouria, Bou Habib explained that “we have made significant progress during the negotiations, and we are in advanced stages on several fronts, including technical stages of the talks. These negotiations will be made between US mediator Amos Hochstein’s team and the Lebanese team of experts.”
The pressing question thus becomes, when will it be the “right time” to wipe Israel “off the map and the earth” as the Quds Force Commander has promised? Why not now, in response to the Israeli strikes on Gaza targeting Islamic Jihad?
Even worse, on Saturday, Iranian television broadcasters quoted IRGC Commander Hossein Salami as saying: “The Israelis will pay a heavy price for their latest crimes.” He made the statements during a meeting with Islamic Jihad Secretary-General Ziad al-Nakhala, who is in Iran!
And so, the least we can say about these recent Iranian statements regarding Israel is that they are political hallucinations and attempts to promote an illusion to followers who have chosen to ignore reason and avoid comparing words with actions.
The war in Gaza is neither the first nor the last. However, with every eruption of war, Iran reaffirms that it is exploiting Gaza, just like it is exploiting Lebanon, to strengthen its hand at the negotiating table with the West. We all know that Iran has not and will not fire a bullet at Israel, neither to defend Lebanon nor Gaza.
History is witness to when, during the 2006 Lebanon War, Hassan Nasrallah went on screen to call on those who love Lebanon to stop the war. Lebanon today is not suffering from war to the extent that it is suffering from Iranian occupation enforced by Hezbollah, which has now come to threaten the collapse of the state.
For this reason, we are faced with Iranian political hallucinations that have only left destruction and scorched earth behind them in the region over the past four decades. That is true for Gaza, Lebanon, Syria, and Yemen, to say nothing about the scale of the calamity in Iraq.
This state of affairs will not change, and the hallucinations will not end until Iran pays a real price for all of its crimes in our region.

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