Crunch time for Hafeez as action scrutinised in Chennai

Mohammad Hafeez.

LAHORE: In a surprising development, experienced all-rounder Mohammad Hafeez appeared for the informal bio-mechanic test on his bowling action in Chennai on Wednesday, and the off-spinner is about to return to Pakistan shortly.

A PCB spokesman said it would take a couple of days to receive the result of the test.

According to the spokesman, Hafeez was scheduled to appear for the test before the International Cricket Council-accredited lab in Chennai on Jan 3.

However, according to some latest reports, Hafeez underwent the test on Wednesday and now he was about to return to Pakistan. He is expected to reach here early Friday morning.

The Pakistan off-spinner had left for Chennai on Tuesday.

The spokesman to a question said the PCB had not received the report of the test, which is important for Pakistan in deciding Hafeez’s World Cup fate. The report was expected to be received in the next couple of days, he added.

Though the PCB is ready to select 34-year-old Hafeez as batsman, some experts fear the veteran player — in case he fails to get his bowling action cleared — may prove a liability during the World Cup, arguing the 153-ODI veteran is only useful as all-rounder.

“It may be a risky decision to pick Hafeez just as batsman but due to his vast experience his presence in the World Cup squad is going to strengthen Pakistan [squad], at least on paper,” a PCB official told Dawn on the condition of anonymity.

“Yes, as an alternative of Hafeez, we can select Azhar Ali who can also bowl and we may also ask another opener Ahmed Shehzad to also bowl as he has the ability to do so, but still the matter is revolving around ifs and buts,” the official added.

Meanwhile, though the PCB has not received the result of Hafeez’s test conducted in Chennai, rumours are making rounds that the Board is not that hopeful about the clearance of Hafeez’s bowling action and therefore it has decided to look for alternative ways to cope with the problem.

Earlier, top-class off-spinner Saeed Ajmal who played match-winning role for Pakistan in all three formats during the last few years, is also not available for the mega event. And the reason was the same — illegal bowling action.

Ajmal’s action was cleared by the ICC, despite extensive rehab work done on him by the PCB with the assistance of former Test off-spinner Saqlain Mushtaq.

Hafeez was reported for an illegal bowling action by umpires during the first Test against New Zealand in November.

Later, the ICC asked him to appear before the National Cricket Performance Centre in Loughborough where he appeared on Dec 7 but failed to clear the test.

However, instead of starting his rehab process the PCB and the team management preferred to include him in the third Test against New Zealand and later to play in the five-match ODI series against the same outfit in the UAE.

Now after that series the PCB has started the work to get Hafeez cleared as the Jan 7 deadline to submit the World Cup squad draws near.

Differences between MH370 and AirAsia incidents

Air force soldiers on-board a Hercules C130 monitor the Belitung Timur sea during search operations for the missing AirAsia flight QZ8501 near Belitung island, Indonesia, on Monday. — Reuters

SINGAPORE: The disappearance of an AirAsia passenger jet soon after take-off inevitably brings back memories of the mystery behind Malaysia Airlines Flight 370 that is still missing after it disappeared nine months ago.

But while it is still not known what happened to AirAsia Flight 8501, there appear to be no reasons its presumed crash is anything other than a regular — if tragic — aviation disaster, whose cause will become apparent only when the wreckage and flight data recorders are recovered.

But until that happens, comparisons will be made of the circumstances leading up to the two events, the responses by regional authorities and airline officials, and the nature and challenges of the search efforts.

Here are some of the differences between the two events, based on what authorities have publicly disclosed about the plane, which lost contact with ground control in Indonesia early Sunday morning, 42 minutes after taking off from Surabaya airport on the way to Singapore with 162 people on board:

Foul play

Authorities suspect Flight 370 was deliberately diverted by someone on board, and suspicions of foul play emerged within days of its disappearance. There has been no suggestion that the AirAsia flight is anything but an accident, meaning the aircraft should have crashed not far from the spot where it fell off the radar. Indonesia’s Transportation Ministry says its pilots asked permission to turn left and fly higher to avoid clouds three minutes before the jet was last seen on radar. That strengthens early speculation that adverse weather, or the pilot’s response to it, was a factor in the accident.

Southern Indian Ocean

Based on data “pings” from Flight 370, authorities believe the plane crashed into the southern Indian Ocean, a vast, deep, isolated stretch of water far from the last known position of the plane.

The AirAsia flight was carrying enough fuel for about four hours of flying. Assuming it crashed soon after it dropped off the radar, finding it should be far easier. The Java Sea is a contained body of water, shallow, and criss-crossed by planes and ships. In normal circumstances, a plane leaves wreckage even if it enters the water largely intact.

It can take several days for it to be spotted, however. On Jan 1, 2007, an Indonesian jet liner carrying 102 people went missing on a domestic flight from Jakarta to Sulawesi. A search effort across land and sea turned up nothing until 11 days later when a fisherman found the plane’s right horizontal stabiliser.

Airline communications

Malaysia Airlines was severely criticised following the disaster for giving out contradictory and vague information. So far, that has not happened with the latest accident. The boss of AirAsia, Tony Fernandez, has tweeted about the incident and what the company is doing, drawing praise not scorn. Managing communications about the loss the flight will become more challenging if the wreckage is not found quickly. The fact that the overwhelming majority of the passengers are Indonesians and that it was an Indonesian-registered company operating the plane should mean less pressure, however. Around two-thirds of the passengers on Flight 370 were Chinese, with the rest coming from all over the world, only adding to what was already an unprecedented situation. — AP

Published in Dawn, December 30th, 2014

Palestinian president signs up to join international criminal court

Move will anger Israel and US and paves way for court to take jurisdiction over crimes committed in Palestinian territories

Mahmoud Abbas has signed the Rome statute, the ICC’s founding treaty. Photograph: Farouk Batiche/AFP/Getty Images

The Palestinian president, Mahmoud Abbas, dramatically moved to join the international criminal court on Wednesday, setting Palestinians on a diplomatic collision course with Israel and Washington, and risking imposition of US sanctions.

Abbas signed the Rome statute governing the court and 19 other international agreements, potentially opening the way to Palestinians to pursue Israel for war crimes in the court of last resort based in The Hague.

It followed the rejection by the UN security council of a Jordanian-backed resolution on behalf of Palestine calling for the end to the Israeli occupation by 2017 and the establishment of a Palestinian state based on pre-1967 borders.

Abbas’s move came at the end of 24 hours of diplomatic tension when – under pressure from other members of the Palestinian leadership – he followed through on his long-threatened plan to join the ICC.

In response to Abbas’s signing of the treaty Israel’s prime minister, Binyamin Netanyahu, warned that it was Palestinians, not Israel, that should be concerned about the ICC.

“It is the Palestinian Authority – which is in a unity government with Hamas, an avowed terrorist organisation that, like Isis, perpetrates war crimes – that needs to be concerned about the international criminal court in the Hague,” Netanyahu said, adding that Israel would take unspecified “retaliatory steps”.

The US also condemned the move which it described as “deeply troubling” with State Department spokesman Jeff Rathke saying it was “an escalatory step that will not achieve any of the outcomes most Palestinians have long hoped to see for their people”.

He added: “Today’s action is entirely counter-productive and does nothing to further the aspirations of the Palestinian people for a sovereign and independent state. It badly damages the atmosphere with the very people with whom they ultimately need to make peace. As we’ve said before, the United States continues to strongly oppose actions – by both parties – that undermine trust and create doubts about their commitment to a negotiated peace. Our position has not changed. Such actions only push the parties further apart.”

Acceding to the Rome treaty – the first step in joining the court – had been seen by many as the nuclear option in the recent Palestinian efforts to advance their case for statehood in international forums.

“They attack us and our land every day, to whom are we to complain? The security council let us down – where are we to go?” Abbas told a gathering of Palestinian leaders in remarks broadcast on official television.

“We want to refer to international institutions, and this is one we are referring to, and we’ll complain to these people,” he added, before signing the documents.

Abbas had been under heavy domestic pressure to take action against Israel following months of tension fuelled by the collapse of US-brokered peace talks, a 50-day war between Israel and Palestinian militants in Gaza, a spate of deadly Palestinian attacks on Israeli targets and Israeli restrictions on Palestinian access to a key Muslim holy site in Jerusalem. Tuesday’s defeat in the UN security council further raised pressure on Abbas to act. There was a palpable sense of fury in the Palestinian leadership over US and Israeli-led efforts that derailed the UN resolution that called for the ending of the Israeli occupation.

The resolution was opposed by the US and Israel and saw both the US secretary of state, John Kerry, and Israeli prime minister, Binyamin Netanyahu, call the president of Nigeria, Goodluck Jonathan, on the eve of the vote to persuade him to abstain.

“Even half an hour before the vote Nigeria indicated it was committed to voting for the resolution,” one Palestinian source involved in the negotiations commented furiously. “We knew that Rwanda, South Korea and Australia would not back it, but we believed Nigeria was on board.”

Britain, Rwanda, Lithuania and South Korea joined Nigeria in abstaining. Welcoming the UN vote, Netanyahu extended his special thanks to Nigeria and Rwanda. “This is what tipped the scales,” he said.

Signalling that the vote would not mark an end to the campaign to win a security council resolution, Palestinian and French officials indicated they would continue working to find a text to put to the UN, perhaps within weeks.

Before the vote the Palestinian negotiator Saeb Erekat said the Palestinians could return again to the security council, which will have five new members starting on Thursday who are viewed as more sympathetic to their cause.

However, despite signalling a sharp defeat to the Arab-supported campaign to get security council backing for a moves towards a Palestinian state, the vote held minimal comfort for Israel, seeing two European countries – France and Luxembourg – support the resolution. The US also made clear it was not voting for the status quo in opposing the resolution.

“We voted against this resolution not because we are comfortable with the status quo. We voted against it because … peace must come from hard compromises that occur at the negotiating table,” the US ambassador Samantha Power said.

She criticised the decision to bring the draft resolution to a vote as a “staged confrontation that will not bring the parties closer”. She added that the resolution was deeply unbalanced and did not take into account Israel’s security concerns.

The ICC can prosecute individuals accused of genocide, crimes against humanity and war crimes committed since 1 July 2002, when the Rome statute came into force.

According to the ICC’s official website the Rome treaty has been ratified by 122 states.

The court can pursue an individual only if crimes were committed on the territory of a state party – one that has signed and ratified the Rome statute – or by a citizen of such a state. Israel has signed but not ratified the treaty.

View from the courtroom: Law not clear on IDPs, their rights

The large-scale displacement of people from different regions is a recurring phenomenon in Pakistan, especially in the Federally Administered Tribal Areas and Khyber Pakhtunkhwa. Both natural and manmade disasters have occurred during the past decade triggering displacements, but militancy is currently the prime cause of this phenomenon.

While thousands of terrified people have now been fleeing their areas in North Waziristan after the launch of military operation against militants, the situation on the ground is still murky regarding the responsibilities of different authorities towards these displaced people.

Same situation was witnessed when people were displaced from other tribal agencies, including Bajaur, Mohmand and Khyber. The federal and provincial authorities had continued to pass the responsibility to each other when issues surfaced related to the IDPs staying at the Jalozai Camp in Nowshera.
The prime law dealing with disaster management is the National Disaster Management Act (NDMA) 2010, which was enacted in Dec 2010. It is unfortunate that while displacement is a recurring phenomenon no definition of an IDP (internally displaced person) is given in the law.

Experts believe that both the federal and provincial governments should have modified this law with the passage of time so as to include the definition and rights of the IDP.

However, so far the governments have not shown any interest in this regard.
Due to lack of clarity in the law different issues have been surfacing. Unlike refugees, the IDPs are citizens of the country and entitled to the fundamental rights enshrined in the Constitution of Pakistan just like other
citizens.
Reports have been surfacing regarding the decision taken by the Sindh and Punjab governments to curtail the
movement of IDPs on different grounds.
By placing such restrictions, these governments have clearly violated the constitutional provision guaranteeing freedom of movement as well as the right of an individual to move freely throughout Pakistan and reside and
settle in any part thereof.

Following the Constitution (Eighteenth Amendment) Act, 2010, disaster management is now a provincial subject and the provincial assemblies are now being empowered to make amendments to the NDMA 2010.
In Khyber Pakhtunkhwa, the previous government had enacted the National Disaster Management (Khyber Pakhtunkhwa) (Amendment) Act, 2012, through which amendments were made to the NDMA.
The most important amendment made by the provincial government was to do away with the provision of setting up of the district disaster management authority for each of the district and instead introduced setting
up of district disaster management units.

The NDMA 2012 includes both natural and manmade disasters. It defines a disaster as “a catastrophe, or a calamity in an affected area, arising from natural or manmade causes, or by accident which results in a substantial loss of life or human suffering or damage to, and destruction of, property.” Moreover, under the law an “affected area” means an area or part of the country affected by a disaster.

This law spells out “disaster management” as “managing the complete disaster spectrum, including preparedness, response, recovery and rehabilitation, and reconstruction.”
The law provides for establishment of National Disaster Management Commission with several dignitaries as its members. The prime minister is the ex-officio chairperson of the commission.

While the commission is the supreme policy-making body its meetings are held rarely which clearly depicts how much priority is being given to disaster management. The Act also provides for establishment of the disaster management authorities on national and provincial level.

Section 11 of the Act makes it binding on the national authority to make guidelines for the provision of relief to affected persons. It states: “Subject to directions of the National Commission, the National Authority shall lay down guidelines for the minimum standards of relief to be provided to persons affected by disaster which shall include: the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation; the special provisions to be made for vulnerable groups; ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood; and, such other relief as may be necessary.”

The UN drafted the Guiding Principles on Internal Displacement in 1998 which is a non-binding set of guidelines. These principles define IDPs as “persons or groups of persons who have been forced or obliged to leave their homes in particular as a result of or in order to avoid the effects of armed conflict ---- and who have not crossed an internationally recognised State border.”
It further provides that authorities should ensure that proper accommodation is provided to the displaced persons and such displacements are effected in satisfactory conditions of safety, nutrition, health and hygiene.
It would be appropriate for the government to make amendments to the relevant law in accordance with these guidelines. It will be appropriate to clearly define IDPs, their rights and responsibilities to be carried out by the respective governments and authorities.

Attack on Hamid Mir: You have the right to remain silent

Hamid Mir was shot because of his calls to respect the human rights of the Baloch, because he stood with Mama Qadeer in the VMBP’s Long March.

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No, it was because he didn’t give enough space to the Taliban’s viewpoint.

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No, silly, it’s because a distraction was needed from the non-stop coverage of Musharraf in Karachi. Now, under the cover of this distraction, the former president can safely fly the coop. That’s right; guess which party controls every falling leaf in Karachi and was allied to Musharraf? Do the math.

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Don’t be ridiculous; he staged the attack on himself for ratings/sympathy/cover of some kind. I mean, just look at that single, blurred, frame I saw of the car. Where’s the blood? Surely that’s proof positive? I mean if Malala can do it why can’t Hamid Mir? I even wrote a blog about it after spending 15 minutes googling gunshot victims. Open your eyes, people. I’m an expert.

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That’s a short summary of the social media theories revolving around the attack on Mr Mir.
Armed with an internet connection and the ability to understand simple mathematics (2+2=5), our budding forensic investigation experts have already decided who the triggermen in this episode are.
Then, of course, there are the ‘fastest finger first’ condemnation bots, because every second counts here. There are those who will time the politicians racing to get to the hospital first, because nothing spells real concern like a timely photo op.
Then there’s the ‘stay safe’ crowd. Well-meaning, and when you really have nothing more to say, I suppose that’s the best one can do. And really, it is all about what’s being said, to whom and for what reason. Because clearly, there are those who would be happier if the media as a whole just finally shut up.
‘But that’s not going to happen!’ say others, mostly journalists.

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The media will not be silenced, their voice will not be muzzled. Not by one bullet or a hundred.

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Now that’s reassuring. That, despite threats, attacks and murders, the media will somehow continue to speak out (as it does now and then) against injustice, criminal gangs, terrorist organisations, out of control state agencies and so on and so forth.
But that’s just wishful thinking. There’s no point harking to the Zia-era repression and pointing out the stalwarts who stood up to it.
The past is another country; one in which your life wasn’t worth a few thousand rupees at most, even after adjusting for inflation.

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Also read | Journalists in Pakistan: Here be dragons

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The media will be muzzled; will grow silent simply because there is no security and probably will never be any justice. Not just for journalists, but for anyone at all. This is the reality we are faced with.
Let's be honest with ourselves: We aren't Hamid Mir. We aren't Mustafa, Raza Rumi, the Hazara or any other victim du jour you choose. We are, all of us, on our own.
So stay safe, until you’re not.

Blow for Australia as Johnson ruled out of World T20

Paceman Mitchell Johnson was ruled out of the Twenty20 World Cup by an infected big toe on Sunday in a blow to Australia's hopes of snaring the one major international trophy they have never won.

The 32-year-old, the form bowler in world cricket at the moment, will be replaced by fellow left-arm quick Doug Bollinger for the March 16-April 6 tournament in Bangladesh.
Johnson fired Australia to a 5-0 Ashes sweep over the New Year and a 2-1 test series triumph in South Africa over the last few weeks but cut the big toe on his right foot in the third test against the Proteas.
The initial prognosis was that his departure for Bangladesh would only be delayed but Johnson had not made the sort of progress originally envisioned.
"We have given Mitchell as long as we can but unfortunately his infection hasn't responded to the treatment as quickly as we had hoped with swelling remaining in his toe and foot," Cricket Australia's Dr Justin Paoloni said in a news release on Sunday.
"It is difficult to say how quickly the infection will take to resolve and due to the high risk of infection recurrence with a return to bowling we feel it is in the best interests of Mitchell's health for him to continue to receive intensive treatment in Perth."
Bollinger, 32, has played just two Twenty20s for Australia, against South Africa in 2011, but brings a wealth of experience of the shortest form of the game in the sub-continent courtesy of his time in the Indian Premier League.
"Unfortunately Mitchell Johnson has been ruled out of the ICC World Twenty20," head selector John Inverarity said.
"This is disappointing news as it was anticipated that Mitch would have a significant impact with his pace and menace.
"Doug Bollinger has been called into the squad to replace Mitchell.
"Doug has had significant experience in the sub-continent and in international white ball cricket and his ability to bowl with good pace was a factor in his selection."
All-rounder James Faulkner, who missed the test tour of South Africa because of knee surgery, was another injury doubt but is expected to be fit to play.
Australia open their campaign against Pakistan in Mirpur on March 23.

Iraqi bill to legalise child marriage criticised

BAGHDAD: A contentious draft law being considered in Iraq could open the door to girls as young as nine getting married and would require wives to submit to sex on their husband's whim, provoking outrage from rights activists and many Iraqis who see it as a step backward for women's rights.

The measure, aimed at creating different laws for Iraq's majority Shia population, could further fray the country's divisions amid some of the worst bloodshed since the sectarian fighting that nearly ripped the country apart after the US-led invasion.

It also comes as more and more children under 18 get married in the country.

''That law represents a crime against humanity and childhood,'' prominent Iraqi human rights activist Hana Adwar told The Associated Press.

''Married underage girls are subjected to physical and psychological suffering.

Iraqi law now sets the legal age for marriage at 18 without parental approval. Girls as young as 15 can be married only with a guardian's approval.

The proposed new measure, known as the Jaafari Personal Status Law, is based on the principles of a Shia school of religious law founded by Jaafar Al Sadiq, the sixth Shia imam.

Iraq's Justice Ministry late last year introduced the draft measure to the Cabinet, which approved it last month despite strong opposition by rights groups and activists.

The draft law does not set a minimum age for marriage. Instead, it mentions an age in a section on divorce, setting rules for divorces of girls who have reached the age of nine years in the lunar Islamic calendar.

It also says that's the age girls reach puberty. Since the Islamic calendar year is 10 or 11 days shorter than the Gregorian calendar, that would be the equivalent of eight years and eight months old.

The bill makes the father the only parent with the right to accept or refuse the marriage proposal.

Critics of the bill believe that its authors slipped the age into the divorce section as a backhanded way to allow marriages of girls that young.

Already, government statistics show that nearly 25 per cent of marriages in Iraq involved someone under the age of 18 in 2011, up from 21 per cent in 2001 and 15 per cent in 1997.

Planning Ministry spokesman Abdul Zahra Hendawi said the practice of underage marriage is particularly prevalent in rural areas and some provinces where illiteracy is high.

Also under the proposed measure, a husband can have sex with his wife regardless of her consent.

The bill also prevents women from leaving the house without their husband's permission, would restrict women's rights in matters of parental custody after divorce and make it easier for men to take multiple wives.

Parliament must still ratify the bill before it becomes law. That is unlikely to happen before parliamentary elections scheduled for April 30, though the Cabinet support suggests it remains a priority for Prime Minister Nouri Al Maliki's administration.

Al Maliki is widely expected to seek a third term. Baghdad-based analyst Hadi Jalo suggested that election campaigning might be behind the proposal.

''Some influential Shia politicians have the impression that they should do their best to make any achievement that would end the injustice that had been done against the Shia in the past,'' Jalo said.

The formerly repressed Shia majority came to power after the 2003 US-led invasion that ousted Saddam Hussein's Sunni-led regime. Since then, Shia religious and political leaders have encouraged followers to pour in millions into streets for religious rituals, a show of their strength.

Iraqi Justice Minister Hassan Al Shimmari, a Shia, has brushed off the criticism of the bill. His office introduced a companion bill that calls for the establishment of special Shia courts that would be tied to the sect's religious leadership.

Al Shimmari insists that the bill is designed to end injustices faced by Iraqi women in past decades, and that it could help prevent illicit child marriage outside established legal systems.

''By introducing this draft law, we want to limit or prevent such practices,'' Al Shimmari said.

But Sunni female lawmaker Likaa Wardi believes it violates women's and children's rights and creates divisions in society.

''The Jaffari law will pave the way to the establishments of courts for Shia only, and this will force others sects to form their own courts. This move will widen the rift among the Iraqi people,'' Wardi said.

New York-based Human Rights Watch also strongly criticized the law this week. ''Passage of the Jaafari law would be a disastrous and discriminatory step backward for Iraq's women and girls,'' deputy Middle East director Joe Stork said in a statement. ''This personal status law would only entrench Iraq's divisions while the government claims to support equal rights for all.''

It is unclear how much support the bill enjoys among Iraqi Shia, but Jalo, the analyst, believes that it would face opposition from secular members of the sect.

Qais Raheem, a Shia government employee living in eastern Baghdad, said the draft bill contradicts the principles of a modern society.

"The government officials have come up with this backward law instead of combating corruption and terrorism," said Raheem who has four children, including two teenage girls. "This law legalizes the rape and we should all reject it."