Wednesday, January 23, 2008

A retirement age for people in power???

The other day I was attending this talk by renowned sociologist Andre Beteille[1] and was extremely excited at the prospect of being part of that lecture. Just when we arrived at the venue, we were told that there might be a slight delay because the Governor of Karnataka, Mr. Rameshwar Thakur[2] had decided to attend as well and he would be presiding as the Chief Guest. Like all VIP attendees, the organisers expected him to be late for the function & true to tradition, he not only came in late but also took a great deal of time in settling in and delivering his lecture due to which the subsequent lecture by Prof Beteille had to be considerably shorter than the original version and he had to rush through it. I really did not enjoy the lecture as much as I would have liked to enjoy it.

Naturally the blame fell on the Governor for being the prime reason of that delay. And while I don’t completely disagree with that view-point, his fragility and health or lack of it did make me think about the topic at hand i.e. should there be a retirement age for leaders who are in positions of power especially within the ambit of the legislature and executive. My experiences with people who have held such positions in the past and have now retired lead me to believe that indeed that should be the case. Coming back to the instance which I narrated above, when the program was getting delayed due the late arrival of the Governor, initially there was a palpable sense of anger amongst the audience; however when he actually arrived, that sense of anger quickly changed to one of pity seeing the way Mr. Thakur was struggling to walk or even the way he was struggling for words. It clearly indicated that he was well past his prime and not in a position to govern a state.

A similar case in point was experienced when I had the opportunity to work with a retired senior Supreme Court Judge who was in his seventies. Prior to working with him, I often wondered that considering the paucity of judges in India, why doesn’t the government extend the retirement age for serving judges. (The retirement age for SC judges is 65 and that of HC judges is 60). However after working with this particular judge I came to realise that issues are obviously not that simple and there is logic to the reason. In the case of this judge, when the entire team was deliberating on decisions to be taken, we found that the time taken by him to respond or even comprehend parts of the issues was quite long and not reflective of the facts presented before him.

It has been well established that as we age (sixties to seventies onwards), our abilities especially mental faculties tend to become less acute and this certainly affects the quality of the decisions that we make. The thought of a judge in his/her seventies taking decisions which could affect the lives of defendants is extremely scary. Also I do not have the confidence that politicians in that age group would be in a position to take rational decisions for the country. (This is of course not to say that young politicians make good decisions) Thus, there should be an upper limit regarding the retirement age for people in positions of power and that is the end of that.



[1] http://en.wikipedia.org/wiki/Andre_B%C3%A9teille

[2] http://orissagov.nic.in/e-magazine/Orissareview/dec2004/englishPdf/biodataoframeshwarthakur.pdf

Wednesday, January 16, 2008

The Bhutto Era

The killing of former Pakistani Premier Benazir Bhutto and the repercussions flowing from it present Pakistan with a peculiar and potentially explosive situation. That Benazir Bhutto would be the target of assassinations was never in doubt. After all, she was a key player in providing logistical and monetary support to Mujaheddin/jihadi elements in aid of their various causes, be it in Afghanistan or Kashmir. Her turnaround during the post 9/11 phase when she was in a self imposed exile where she completely washed her hands off the Jihadi elements which she harbored was not entirely surprisingly. Bush’s famous line ‘You are either with us or with them’, ensured that world leaders past and present quickly toed the American line. This move clearly did not endear her to the Jihadis who saw this and betrayal and vowed revenge. (This of course does not establish that Jihadis assassinated Benazir, it could have been anyone, though I suspect they had the most to gain from her assassination and I would stick my neck out and say that it was probably them).

Her years in exile shuttling between London and Dubai meant that she was away from the intense glare of the media. It was during this phase that she probably got to spend maximum time with her family especially her 3 children who probably needed all the time from a parent since their father Asif Ali Zardari was still lodged in jail in Pakistan on charges of corruption. During conversations with the media she often maintained that though being out of the country was distressing, she also looked upon this opportunity to spend time in the upbringing of her children for which she was very grateful. During this phase she also was a backdoor diplomat, guest speaker at various international universities… all with a view to bring about democracy in Pakistan. While her talks to academic circles certainly drew a lot of applause, the same was not the case with her diplomacy efforts, simply because Musharaff was seen to be doing a good job and was indispensable in the ‘war on terror’ campaign and because politicians like her and Mian Nawaz Sharif were seen to be the reason why Pakistan was under military rule at all … which is true in many ways.

We all know that over the years that followed, the honeymoon between Musharaff and the US deteriorated due to various reasons and the US began covert negotiations with Benazir Bhutto to get the PPP to support Musharaff’s government in return for him dropping all corruption charges against her and her family. Thus began this long and arduous courtship process with Musharaff which finally actually never materialized. During negotiations with Musharaff hit a rough patch, she also inked a pact with Nawaz Sharif to form an alliance to depose Musharaff and restore democracy in Pakistan, a move which unraveled rather quickly when negotiations between her and Musharaff resumed. One can only assume that the only logic in the entire tangle was known to the people involved as seasoned political analysts themselves were flummoxed by the rapid turn of events. Politics certainly makes strange bed-fellows. During the last few months, her parlays with Musharaff were becoming increasingly strident yet more and more hesitant. The imposition of emergency meant that Benazir could not be seen to publicly support Musharaff lest her own popular support start waning. However, her tactic support to Musharaff even during the emergency ensured that her return to Pakistan was tolerated, welcomed even. As the emergency dragged on, public pressure on her to cut ties with Musharaff became more and more vocal and she bowed to that pressure, though she never publicly criticized Musharaff. Even in her last days, she was very careful about the language she used while sloganeering against the administration, using words like ‘people high up in the government’, ‘elements in the administration’ and so on. My guess is that she harbored hopes of being the next Prime Minister come elections in January which is why she was probably guarded in her language.

Successive assassination attempts on her life clearly indicated that some very influential people did not want to see her come back to power. Whether those people were Jihadi elements or people from the administration or renege elements from the army or some other people may probably never be known though one hopes that the investigation being conducted by the Scotland Yard will throw some light on the same.

The other aspect which needs to be discussed briefly is that of Benazir nominating her son Bilawal as heir to the PPP. The dynastic elements of politics are well known and sons and daughters of political leaders all over the world are groomed to take on the political mantle after the time of their parents/aunts & uncles are over. However, it is probably for the first time that any political leader has anointed an offspring heir to a political party in a will. Although one may argue that the PPP in all essence was an extension of the Bhutto dynasty (it was started by Benazir’s father, Zufikar Ali Bhutto), treating the political party like a family fiefdom where inheritance is decided as per a will is more than slightly scary and does not bode well for Pakistan, democracy and the Bhutto family. One hopes that better sense prevails and the forthcoming generations of the Bhutto clan democratize the PPP.

About Pakistan and its future, in the short term at least… fortunately or unfortunately, the Pakistani army and America will be the guiding force in the way Pakistan’s future is shaped. With Musharaff no longer the head of the armed forces, America now has to deal with two centres of power, namely Musharaff and the Pakistani army. Given the tumultuous history of Pakistan where it has been governed for more than 30 years by the military, one really does not know when the present army decides that it has had enough of Musharaff and decides to depose him. For the sake of Pakistan, one hopes that it is able to move towards an ecology of democracy and that the general elections are a step in this direction.

A final point on Benazir herself. She probably will be remembered as a leader of immense stature who attempted to bring about genuine change in Pakistan at least earlier on in her career. That she was a woman leader in an Islamic republic brought her tremendous acclaim throughout the world and in a sense gave hope to a lot of women. In addition to the above, my belief is that she will be remembered as a person who did the mistake of linking up with Jihadis and in a sense, a person who lived by the bullet. And as they say, ‘Those who live by the bullet die by it’. Case in point.

Sunday, January 6, 2008

Important Issues of Internet Governance from an Indian Perspective

The WSIS declaration of principles at Geneva 2003 with its focus and commitment to build a ‘people-centred, inclusive and development-oriented Information Society, where everyone can create, access, utilize and share information and knowledge, enabling individuals, communities and peoples to achieve their full potential in promoting their sustainable development and improving their quality of life’ aptly sums the concerns that issues revolving Internet Governance can and should address.

Issues of Access, Openness, Diversity, Security and Critical Internet Resources are seen to be the main platforms around which discussions and deliberations on Internet Governance have been organised at the annual Internet Governance Forum at Athens (2006) and Rio (2007) and will continue to be the focus areas at the IGF New- Delhi (2008). This paper will explore the meanings of these themes, look at critical issues within these themes from an Indian perspective and suggest possible courses of action.

1. Access

Access, as articulated in IGF meetings, broadly covers all issues of the physical infrastructure of the Internet, with value being placed on universal availability of the Internet. There are several enabling conditions, the establishment of which are paramount to achievement of universal availability of the Internet. These are

  1. Low cost access solutions – The way to achieve this is by ensuring universal deployment of the physical infrastructure (pipes and cables), reduced inter-connection charges (especially for developing countries), ensuring that the routing of content over the Internet which is most likely to be accessed by communities in countries such as India is kept close by as this will bring down the exorbitant charges that developing countries have to cough up to access this content (since most of this content is nested in servers outside the country). A key project which has set out to accomplish some of the issues which have been mentioned above is the Common Service Centres (CSC) scheme by the Government of India. By setting up a 1, 00,000 centres all over the country to serve 6,00,000 villages, the Government is ensuring that disadvantaged communities are getting an equal voice in the development process. While the intentions of the Government are laudable, it must ensure a balancing of issues of social justice and equity along with issues of commercial viability. It is our belief and something which has been amply demonstrated through projects like Akshaya (Kerala) and the Rural E-Seva (West Godavari – Andhra Pradesh), that the former purpose takes care of the latter one.
  2. Creating bottom-up and people centric accountability structures – The recent move by the government to grant community radio licences is yet another welcome step, where communities by creating content which is relevant to their development needs are more aware and are in a position to be better empowered. A process wherein more and more government schemes and services are accessible online, the disbursement of which can be vetted by local self governance institutions and community based organisations will go a long way in creating a bottom-up accountability structure.


2. Openness

Openness is a very broad category and includes issues ranging from standards ensuring openness of the Internet, to freedom of expression, and enriching the public domain versus protecting IP, to network neutrality.

  1. Enriching the Public Domain: A cursory glance of the knowledge which resides over the Internet reveals that most of it has been created by people whose aim is to enrich public knowledge by putting the information out there. Yet we find that the media (websites, ISPs and so on) which host this content have lock in mechanisms by which they gain the Intellectual property to this content, thereby taking away Intellectual Property Rights from the creators and more importantly, by restricting access to this knowledge through exclusionary processes do a tremendous amount of disservice to development. This urgently calls for the creation of a public domain on which all content which is generated through public monies and which the creators feel should reside in the public domain is hosted. This will mean that more and more content which is currently locked in rent seeking regimes is available for the public access. The Government must also look at collaborative knowledge creation efforts like Wikipedia which will only enrich the public knowledge base and its authenticity.
  1. Ensuring Open Standards over the Internet – The increasing emergence of video and audio based content over the Internet is extremely good news. The power of these media to bring about change relatively quickly as they can be understood by even non-literates is what sets it apart from other media. However, the formats over which this content is viewed are varied and proprietary, meaning that unless and until the viewer purchases these formats from those companies which make them, s/he really cannot view any of the content. It goes without saying that the prices of such formats are extremely high and disadvantaged communities would not have the purchasing power to invest in these technologies. Clearly what is required is the mandating of open standards which would allow for content to be shared over multiple platforms.
  1. Freedom of Expression: What goes undisputed is the fact that the Internet has great power to organise protest rallies, to galvanise pro-democracy activists and to give the world a perspective of life within closed societies. Over the past few months, one has come across various cases where the Internet has been increasingly been used to report cases of human rights violations and pro-democracy movements. In majority of these cases, the regimes of these states have managed to suppress these demonstrations, arrest activists who have reported such violations over the net and have cut off Internet connections to prevent activists from grouping through the Internet and prevent the outside world from knowing what is happening in that country.

In fact within the IGF, many countries (which face allegations of human rights abuses) have gone as far as saying that they would walk out of that space (IGF) and create their own Internet if issues of human rights are even brought up for discussion. Clearly, this is one issue which has been a tight-rope walk. Given this delicate state of affairs, what is required is a call for consensus and the establishment of a broad framework of principles for governance of the Internet especially looking at convergences between Human Rights and the Internet which countries will adhere to. GOI should play an active part of this process. Also at a national level, there is need for an urgent dialogue to see whether the tenets of the Indian Constitution in the fields of freedom of expression are robust enough to deal with the emergence of the Internet or whether there is a need to enhance the scope of the Constitution to be more encompassing and understanding of issues like freedom of expression especially when seen through a medium such as the Internet.


3. Diversity:

The issue of diversity is significant in the context of hegemonic cultural and linguistic tendencies of the global Internet, and highlights the importance of development of a culturally diverse Internet the reflecting the cultural diversity of the world.

  1. Linguistic Diversity: It is well established that the Internet is the medium over which knowledge is being organised and more importantly has the power to influence development in very powerful ways. Content over the Internet has till now been restricted to languages which follow the Latin script mostly English. This has meant that communities which do not have knowledge of these languages and scripts are loosing out on opportunities. The Government must actively encourage research and development for content development in traditional Indian languages over the Internet.

4. Security

Security is an important issue as more and more activities shift to the Internet, and involves issues like cyber-crime, spam and privacy.

  1. Cyber Security: As India moves towards a culture of e-governance, and where more and more critical installations are connected through online means, it is extremely important to secure the safety of these cyber – installations from cyber-attacks. The recent case where Estonian (which is the most e-connected country in Europe) cyber-space was allegedly attacked by Russian hackers[1] points to the urgent need to work towards and develop a global framework towards cyber-security.
  1. Privacy: And while the Indian government should go about strengthening its cyber defenses, it will come across gray areas where issues of national security will clash with areas of free expression and human rights. Issues of security are paramount, so are issues of privacy and free expression. The area of electronic eavesdropping is a slippery slope and one must be careful in this regard.

5. Critical Internet Resources

Critical internet resources (CIRs) include all those ‘logical’ resources which are at the very heart of the working of the Internet, and without which the Internet cannot function at all – for instance IP address, domain name allocation and other such issues.

  1. Depletion of IPV4 addresses and the need to move to IPV6 addresses: An IP or Internet Protocol Address is the unique address which is given to any computer terminal which is connected to the Internet. The current system of IP number allocation is termed as IPV4 where each terminal has a 4 point numbering pattern (eg. 192.168.1.3). The number of IP address under this current system is limited and is expected to run out in the year 2010. The US alone controls 55% of the world’s IP addresses with the top 15 developed nations controlling 90% of the IP addresses.[2] The current level of Internet penetration in India is extremely low and the threat of IP addresses running out in the near future will be a major stumbling block in our plans to increase Internet connectivity. The solution to this impending problem is through implementing IPV6 standards, which allows for a vastly larger amount of Internet connections and which can accommodate the demand for IP address most of which will primarily emerge from developing economies.

However the magnitude of this threat does not have seem to sunk in and there have been no policy deliberations either at the global or the national level to move from an IPV4 regime to an IPV6 regime. The governments of developing nations should take this opportunity and take the lead in initiating such a dialogue, lest there arises a situation that people from India are not able to connect to the Internet because there are no more Internet connections available.



[1] http://www.wired.com/politics/security/magazine/15-09/ff_estonia

[2] http://lists.cpsr.org/lists/arc/governance/2008-01/msg00003.html