Justice ® Ali Nawaz  Chowhan

Our quest for good governance is still a dream. There is lot of political rhetoric in favor of good governance and the rule of law since day one of the creation of Pakistan. The Quaid valued Human Rights, Dignity of men, freedom of beliefs and practice of cultures as essential part of the state.

According to the Quaid the civil servants were the servants of the state and not their masters. They had to implement the policy framed by the representative of the people. Ironically the greatest numbers of complaints arise from mal administration attributed to bureaucracy. Bureaucracy has always been strong because of its network and the general incompetency of the political leadership who are supposed to govern them. Corruption is another aspect in which we find connivance of the leadership and the bureaucracy and this makes the bureaucracy uncontrollable and systems corrupt.

The prime minister of Pakistan also has grievance against prevailing  mal administration but it seems that he has no clue to  amelioration  the malady.

The complaint receiving process arising out of common grievances of the people caught the attention of the military ruler who taking inspiration from the Swedish ombudsman introduced PO one of 1983. The objective and attributes of the ombudsman were formulated as follow.

–              To right individual wrongs

–              To make bureaucracy more humane

–              To lessen popular alienation from government

–              To prevent abuses by acting as a ‘bureaucratic watch-dog’

–              To vindicate civil servant when unjustly accused.

In its report of 1985 the objective for establishment of the ombudsman were stated as follow.

“The raison d’etre for setting up the institution of the wafaqi mohtasib was to institutionalize a new mechanism for readdressing injustice done to citizens by public functionaries at the federal level. It was sought to set up a system which combines judicial impartiality, adequate investigate capability, pragmatic flexibility in its procedures and professional insight into the labyrinth of the modern administrative structure.”

The main attribute envisaged is that the institution will be external to administration.

The ombudsman was given extensive powers and it was said:

“For carrying out the objective of this order and, in particular for ascertaining the root causes of corrupt practices and injustice, the Mohtasib may arrange for studies to be made or research  to be conducted and may recommend appropriate steps for the eradication”

Mal administration and bad governance is the order of the day. We are still looking for forensic reports on the eradication of mal practices and corruption. Besides the federal ombudsman there are ombudsmen in the provinces, The institutions are ubiquitous and yet as is said “water water everywhere but not a drop to drink”.

The first wrong which was done by military dictator was removing was to de list the ministry of defense and the cantonment boards rampant with mal administration and corruption from the preview of the federal ombudsman. As it noticed the main engagement of the ombudsman is in day to day complaints whereas the need is to change the system.

I had the opportunity of being an observer in the office of the ombudsman of Sweden as well as the ombudsman of Ontario. It is amazing to see how these institutions have been catalys in making their system humane. A two line letter from the ombudsman of Sweden to anyone including the army creates a chill, this does happen here.

In the United States there is lot of respect for the rule of law. They have addition to other forums the administrative law judges (ALJ) system created by Mr Roosveld. I have studied this system while at Columbia University, New York and find it a very useful model for Pakistan as it involves adjudicatory rather than recommendatory process as in the case of the Pakistani ombudsman. After initial hearings the grievance passes on from the ALJ to the federal district judge. And so the judicial power comes into the action in resolving the issue affectively. In our case references against the decision of the ombudsman are again reviewed at the office of the president and this causes delay and administrative interference in a judicial order. Having worked as a consultant to the president on administrative law, I had seen the process defeating the purpose.

The other institution for protection and promotion of the human rights came into being in 2015. It remained functional for four years. Myself being the first chairman the commission published 34 investigative reports, over 4000 complaints, and many legislative drafts introduced Pakistan as a civilized society internationally, helped the government in achieving the benefits of GSP+. It helped the vulnerable segments of the society, the transgender, the minorities; those subjected to violence, and enforced disappearances. It advocated respect for human rights and rule of law. This institution was made dysfunctional and according to the report of Daily Dawn dated (29th October, 2020 “The Govt deliberately keeping HR bodies dysfunctional: Senate Body”) The National Commission for human rights Act 2012 protects the fundamental rights of the people and all rights granted by civil and political rights of the convention of the united nations 1966 and civil and economic rights of the people 1966. Besides, the fundamental rights guaranteed by the constitution. So this law gave assurance for the rule of law and justice to the common man which is now being denied as such and this is unfortunate.

The NCHR was created but purposely no rules were framed and budgetary problems were created so that the institution failed. Anyway because of the urge and passion of the civil society it succeeded which the institution faced but yet it succeeded.

As the NCHR also performed judicial functions therefore the law enjoins that the chairman should be a person who is being a judge. Unfortunately this requirement is being sabotage.

Even for the ombudsman to be independent of administration the requirement is of a judge trained judicially and not somebody chosen from bureaucracy whose complaints he has to hear. So we made a mess of the concept of governance and administration. Someone has to take corrective measures.

Justice (r) Ali Nawaz Chowhan

Chairman,

National Commission  for Human Rights,

Government of Pakistan.

Formerly: Chief Justice Of The Gambia

International Judge Of The UN at The Hague.

Co-Chairman, UNESCO Appeal Board-Paris, France.

Dr M Ali Hamza

When reporting to the Roman Senate on his extremely successful military campaign against Pharnaces II, king of Pontus in 47 BC, Julius Caesar summed up the campaign by stating veni, vidi, vici, which translates as, I came, I saw, I conquered. In a same fashion the Caesarish captain, Prime Minister Imran Khan: he appeared, he spoke and he conquered our hearts by his speech in 75^th session of the UN general assembly (UNGA 75). The content of speech was not only of global importance but the sequence of issues was meticulously selected: suitable selection is a must in certain catastrophic conditions.

The renowned intellectual Noam Chomsky contends that western neoliberalism has a dark side that impoverishes poor and developingcountries. Elite in these counties welcome the western neoliberal agenda even though the poor of their country suffers the most from the implementation of neoliberal economic policy, but a tiny community of money-grubbers is always found persistent to follow western agenda because such an agenda works for them: thoughin fact they are just puppets and not amajor player in the game. PM Imran Khan has rightly pointed out once again the need to establish a stronger legislation and then enforcement systems by the western world to discourage reception of plundered money. In the pages of history: not long ago, colonialism looted the treasure forcefully from native cultures and now the same western propellers cultivated the local burglars who rob taxpayers money, transfer to western banks, then buy property and run businesses for western economy.Rightly mentioned by Mr. Khan “because they are the beneficiaries, there is a lack of political will in the rich countries to curb this criminal activity”.Do these countries still have any moral grounds to draw and implement FATF policies and rules?

Money laundering is the illegal process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking transfers or commercial transactions. The overall scheme of this process returns the “clean” money to the launderer in an obscure and indirect way.The United Nations Office on Drugs and Crime (UNODC) estimates800bn to 2tn US$ amount of money laundered globally in one year: from poor to rich countries and never transfers back to poor countries rather injects into economic cycle of the western rich countries. The US NGO Global Financial Integrity reports that financial flow from poor countries to rich countries between 2001 to 2010 reached US$ 5.8tn. Repatriation of stolen assets to their country of origin can provide developing countries with additional resources, offering a powerful deterrent as well as justice for the societies whose funds are repatriated. Organization for Economic Co-operation and Development (OECD) in her reports admits that the progressin OECD countries in repatriation has been slow. Why is that so? Are western rich developed humanitarian democracies are not willing to pay back what is not theirs?

In a battleship “the cruiser” two political leaders Roosevelt and Churchill drew up the Atlantic Charter.  The charter speaks of fundamental aims of present UNO: to maintain international peace and security; to encourage international cooperation in the spheres of social, economic and cultural developments; to develop friendly relations among nations on principles of equal rights and self- determination; to recognize the fundamental rights of all people. In last 75 years the United Nations apparently kept trying fulfilling the objectives but such fabulous objectives been eroded systematically and now is time for us to reflect whether the United Nations have been able to realize the promise that was collectively made to the people of the world. Prior to UNO, the League of Nations was the first intergovernmental organization that was established after World War 1 in order to try and maintain peace.Unfortunately, the League failed miserably in its intended goal to prevent another world war from happening ratherWW2 broke out only two decades later. The idea was for the League of Nations to prevent wars through disarmament, collective security, and negotiation.Among several integral reasons that finally led to her demise,one was, when countries started to attack others in order to try and expand, the League did not have any power to stop them because there was no regulation or enforcement mechanism. Though UN remedied this flaw by having more institutional strength, but did UN learn to stay impartial as the league was partial to an extent that shedid not allow Germany and USSR to become its member. Has UN ever tried or will ever be able to force western countries to upgrade financial systems and improve legislations in pursuance of returning looted money back to the people it really belongs to and help poor countries to penalize such robbers? As sun shines to all without partiality, so is the role of UN. Partiality is an acid that corrodes the beneficent as well as beneficiary.

The phenomenon of money laundering from the receiving end is unaddressed It will continue to intensify the inequality between the rich and the poor nations, and ultimatelywill spark off a far bigger global crisis than the present migration issue poses. The rich states cannot hold forth on human rights and justice when they provide sanctuary to money launderers’ and their looted wealth. The call by Caesarish captain, Prime Minister Imran Khan  to 75^th session of UNGeneral Assembly to take the lead in efforts to build a global framework to stem the illicit financial flows and ensure speedy repatriation of stolen wealth is,a litmus test for all rich and developed member countries of UNO.

By Vladmir Norov

The world day of tourism (World Tourism Day) was established by the General Assembly of World Tourism Organization, UNWTO (The World Tourism Organization, UNWTO) in 1979 in the city of Torremolinos, Spain.It is celebrated every year on September 27. This date was chosen because the Charter of the World Tourism Organization was adopted on this day in 1970.

The purpose of the holiday is to promote tourism, to highlight its contribution to the economy of the international community, and to develop ties between the people of the different countries. It is intended to draw the attention of the international community to the importance of tourism and its social, cultural, and economic value.

Itis aa holiday of everyone who has ever felt like a traveler, having got out of the everyday bustle. And, of course, it is a holiday of those who are directly engaged in the sphere of travel business – the staff of travel agencies, museum employees, heads and personnel of hotel complexes, and of all those who professionally provide a comfortable and safe stay of tourists.

Over the past half-century, tourism has become one of the fastest-growing and most important sectors of the economy in the world. And for some countries, tourism is even the main source of revenue for the state budget. The tourism sector accounts for 10% of Global GDP and has demonstrated resilience and growth in recent years. The technological advancements related to the tourism sector supplemented by the decrease in transportation fare have led to an increase in the number of international travelers.

Like any activity, tourism has a strong impact on the economies, societies, and the environment in the developing countries, especially in the host countries. Besides the socio-economic impact of the tourism sector and if managed sustainably, could be a factor in the preservation of the environment, cultural recognition, and enhancing understating among peoples.

World Tourism Day has been celebrated in most of the countries of the world for more than thirty years. Traditionally, this day hosts gatherings of tourists, festivities, and festivals dedicated to tourism.

ThemeWorld Tourism Day

Each year, World Tourism Day is celebrated to a theme proclaimed by the World Tourism Organization, to universal peace and understanding, “Tourism and quality of life”, “Best in travel: good guests and good hosts”, “Tourism is a life force for world peace”, “Free movement of tourists creates a new world”, “Communication, Information and Education: defining directions of tourism development”, “Development of tourism and environmental protection: towards long-term harmony”, “Tourism is a factor of tolerance and peace”, “Technology and nature: two difficult challenges for tourism at the dawn of the twenty-first century”, “Ecotourism is the key to sustainable development, Travel and Transport: from the imagination of Jules Verne to the reality of the 21^st Century”, “Tourism and water resources: protecting our common future”, Tourism and Water Resources: protecting our common future”, “One billion tourists – one billion opportunities”, Tourism for all – promoting the universal availability of tourism”, “Sustainable Tourism is a tool for development, Tourism and its transformation in the digital space, and others”.

In recognition of the importance of international tourism in promoting better understanding among peoples, leading to greater awareness of the rich heritage of different civilizations and for a better understanding of the values of different cultures and thereby contributing to the consolidation of peace in the world, the UN Member States, at a meeting of the General Assembly in 2016, decided to declare 2017 as International Year of Sustainable Tourism for Development.

World Tourism Day 2020 theme: Tourism and Rural Development

This theme of the celebration is chosen by members of the international community because itplays an extremely important role in providing employment opportunities outside major cities andin preserving cultural and natural heritage.

The development of tourism can help strengthen rural communities. It is estimated that 68 percent of the world’s population will live in cities by 2050, while 80 percent of those currently living in extreme poverty live outside cities and towns.

The situation is particularly difficult for young people as young people belonging to rural communities are three times more likely to be unemployed than older people.

World Tourism Day is celebrated by the UNWTO Member States in all regions of the world. It is held against the backdrop of rural communities struggling with the impact of the COVID-19 pandemic. These communities tend to be less prepared to deal with the short and long-term effects of a crisis. This is due to several factors, including an aging population, lower income levels, and the continuing digital divide.

The state of the tourism industry in the face of the pandemic andthe recovery of tourism

Unfortunately, the beginning of 2020 was marked by an outbreak of coronavirus infection that affected virtually every country in the world. The challenge for the international community is to rebuild the tourism sector on a safe, equitable, and environmentally friendlybasis. It should be underlined that the tourism sector is one of the sectors most affected by COVID-19.

According to UNWTO, between 100 and 120 million jobs in the tourism sector are at risk. The UN Conference on Trade and Development (UNCTAD) forecasts losses of 1.5% to 2.8% of world GDP. The impact of falling demand for international travel can lead to a loss of 850 million to 1.1 billion US dollars to international tourists. Losses of revenue range from $910 billion to $1.2 trillion. The current crisis in international tourism has been the worst since 1950 when the first statistical estimates appeared.

No country has escaped the consequences of the pandemic. Travel restrictions and a sudden drop in consumer demand have led to an unprecedented decline in international tourism indicators, which in turn has had a devastating impact on the economy as a whole and led to a massive loss of jobs.

Women, youth, and workers in the informal economy are most at risk of losing their jobs in the tourism sector as a result of the pandemic. This problem is most acute in regions whose income depends primarily on the state of the tourism sector.

The crisis in tourism also threatens programs aimed at protecting wildlife and world cultural heritage. Lower revenues from tourism have resulted in reduced funding for biodiversity conservation.

The restoration of the tourist industry after the pandemic will be possible only after the abolition of quarantine and other restrictions on freedom of movement and economic activity, while taking the strictest security measures, ensuring the health of the population.

The Global Recommendations for Tourism Renewal, prepared by UNWTO on May 28, 2020, set out priorities for tourism restoration, detailed actions of all responsible structures and bodies, including border management, air carriers engaged in the provision of hotel services of the private sector, tour operators and travel agencies, structures and organizations in the field of mass events, the organization of safe tourism. Importantly, these recommendations were developed jointly with the collective experience of UNWTO member states, as well as the International Civil Aviation Organization (ICAO), the International Labour Organization (ILO), the World Bank, and other authoritative organizations and structures.

The driver of the economic recovery of the post-pandemic and its subsequent growth can and should be the tourism industry. In this regard, it may be noted that the SCO Member States are implementing various programs to support the economy as a whole and its most affected industries, such as tourism, transportation of all kinds, hotel business, etc.

The pandemic has created great difficulties and challenges for all countries. At the same time, it is clear that new opportunities are emerging. The example of China shows how successfully it is possible to develop the tourism industry by using modern technology by providing “contactless” services such as virtual tours, “cloud exhibitions” and others. It is important that with the help of innovations, it is possible to improve the tourism environment and increase the overall development level of tourism facilities in our countries.

SCO cooperation in tourism

Shanghai Cooperation Organization (SCO) was established in 2001 by six founding states – the Republic of Kazakhstan, the Kyrgyz Republic, the People’s Republic of China, the Russian Federation, the Republic of Tajikistan, the Republic of Uzbekistan.

After the entry of the Islamic Republic of Pakistan and the Republic of India in 2017, the SCO has turned into the largest organization of regional cooperation with the largest geographical coverage and population. It occupies over 60% of the Eurasian continent and 42% of the population of the Earth. It is home to about 800 million people between the ages of 18 and 25 – or about half of all young people of humanity. Since the entry of the Islamic Republic of Pakistan and the Republic of India in 2017, the SCO has become the largest organization of regional cooperation with the largest geographical reach and population. It occupies more than 60% of the Eurasian continent and 42% of the world’s population.

The SCO Member States have increasingly political and economic opportunities, high authority, and influence in world affairs. The rich historical and cultural heritage and enormous humanitarian potential of the SCO Member States and peoples make it natural and necessary for them to strive for deepening cooperation and understanding among civilizations and intensifying interpersonal contacts and exchanges in education, culture, and tourism; contribute to strengthening mutual trust between the countries and achieving mutually beneficial results, subsequently, which will allow joint efforts to deepen and expand cultural and humanitarian cooperation throughout the SCO region.

The member states of SCO are guided by the provisions of the SCO Charter of June 7, 2002, in which one of the key priorities of the multifaceted cooperation between the countries is cultural and humanitarian cooperation. The main goals and objectives of the SCO in this important area are to strengthen mutual trust, friendship, and good neighborliness among the member states, to encourage effective cooperation in cultural, educational, and other areas of common interest. Article 3 (Areas of cooperation) of the Charter states: “The main areas of cooperation within the SCO are the expansion of cooperation in the fields of science and technology, education, healthcare, culture, sports, and tourism”.

On May 22, 2020, the heads of tourism administrations of the SCO Member States approved the Plan of Joint Actions for Cooperation in tourism for the period 2021-2022 to give a new impetus to cooperation and interaction between our countries.

The SCO is well-positioned to become one of the world’s economic centers, which will lead to positive changes in the development of tourism. In 2019,the total GDP of the SCO Member States amounted to 22.5 percent of the world total ($18.4 trillion) and may reach 35-40% of the world totalby 2030.

According to expert estimates, by 2030, China and India will take the leading places among the ten leading economies in the world. According to the international bank “Standard Chartered”, by 2030 the GDP of the top 10 economies of the world will be 190 trillion dollars. Of this amount, 60% will come from China, India, and Russia.

The SCO Secretariat is establishing relations with UNWTO based on the Memorandum of Understanding in the following important areas of cooperation, including assistance to the SCO Member States in improving the economic well-being of local communities, including ensuring safe and easy travel protection of consumer rights, risk and crisis management, as well as emergency response stimulation of public-private partnerships, with special emphasis on initiatives contributing to the attraction of investment.

The potential for tourism development between the SCO countries is very significant. The number of UNESCO’s tangible and intangible World Heritage sites includes 143 sites from SCO member states.

To promote the country tourism brand of the SCO member states, to use tourism resources, various cooperation projects, and programs, cultural and creative products, to get acquainted with the diverse culture and interesting tourist features of the SCO member states, the project “Eight Wonders of the SCO” initiated by the SCO Secretariat has been launched and successfully implemented since June 2019, which is aimed at demonstrating the cultural diversity and tourism potential of the SCO. The project “Eight Wonders of SCO” is supported by the SCO member states. It is aimed at creating a single tourist space and is implemented to implement the relevant decisions of the 2018 Qingdao Summit of the SCO.

A series of thematic presentations on tourism topics was launched with the participation of representatives of diplomatic and trade missions, ministries and departments of SCO Member States in the field of tourism, travel companies, tour operators, as well as other specialized mechanisms of the Organization.

Each SCO Member State chose one of the sights or a set of objects that it considered possible to designate as a national “miracle”. For example, India chose the famous “Statue of Unity”, Kazakhstan – “Archaeological Complex Tamgaly”, China – “Ruins of the Imperial Palace Damin”, Kyrgyzstan – “Lake Issyk-Kul”, Pakistan – “Heritage of the Great Moguls in Lahore”, Russia – “Golden Ring”, Tajikistan – “Navruz Palace” and Uzbekistan – architectural ensemble “Poi Kalyan”.

The project “Eight Wonders of SCO” has become a milestone in the history of SCO, a demonstration of the active practical activities of the organization aimed at strengthening socio-economic ties between member states, observer states, dialogue partners, and all stakeholders. In this regard, it may be noted that the International Trade Building and the Eight Wonders of the SCO Project Pavilion have already been built on the territory of the Demonstration Zone of Regional Trade and Economic Cooperation in Qingdao as a contribution by the Chinese side to the common cause.

Presentation of the project “Eight Wonders of SCO” is planned in all SCO countries as well as located along the “One belt and one way”. Before the coronavirus pandemic, active work on its implementation was carried out, and presentations were successfully held in St. Petersburg, Helsinki, Dushanbe. Special attention was paid to the presentations in China – they took place in Beijing and Xi’an. The presentations will also be held in other Chinese cities.

Even though the pandemic has made its corrections, there is a hope that travelers from the countries of the SCO’s big family will be the most active tourists, which will allow reviving strong cultural and humanitarian ties and contacts between countries and nations.

The SCO Secretariat is actively and productively cooperating with the World Federation of Tourist Cities (WFTG).

It should be noted that the WFTG was established on September 15, 2012, at the initiative of Beijing and is an international non-governmental tourist organization formed in conjunction with tourist cities and tourism-related institutions around the world. The WTTCG is one of the largest global tourism associations along with UNWTO, the World Travel and Tourism Council (WTTC), and the Asia Pacific Tourism Association (APTA).

It is worth mentioning that the WFTG has its headquarters and secretariat in Beijing. The official languages of the WFTG are Chinese and English. The Federation has 218 members, including 145 member cities, 73 tourism organizations, and companies operating in the tourism sector. It may be noted here that 43 out of 145 cities of the WFTG member states are located on the territory of the SCO member states. Currently, four cities of Central Asian countries – Almaty, Dushanbe, Nur-Sultan, and Samarkand are accepted into the ranks of this Federation.

The activities of the WFTG must be aimed at providing its members with services covering the entire tourism industry chain, as well as to spread the experience of development of tourist cities, promotion of tourist products and resources, development of the tourism industry.

On September 5, 2020, the World Conference on Cooperation and Tourism Development was held in Beijing on the theme “Reviving World Tourism for Prosperity” as part of The China International Fair For Trade in Services (CIFTIS 2020), at which the SCO Secretariat participated.

In conclusion, the celebration of World Tourism Day is an opportunity for the international community to re-think the future of the tourism sector, including in terms of achieving sustainable development goals. Tourism can ultimately help countries cope with the consequences of the pandemic by building solidarity and trust, essential elements of global cooperation so badly needed nowadays.