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    No Place for Naivety in Afghan Peace Talks

    In recent years, there has been widespread talk in the media about how much the Taliban has changed. First, it has been argued that the Taliban’s ideological view has been adjusted, which created the impression that the armed group no longer has a problem with human rights or gender equality. Second, it has been suggested that the Taliban has become more in tune with the transformation taking place in Afghanistan over the past two decades. However, from all available evidence, we see that the Taliban’s vision remains inflexible and exclusionary. This approach to equality in political rights will undermine the peace process.

    On September 12, the intra-Afghan talks between the Afghan government delegation and the Taliban officially started in Qatar’s capital, Doha. After two weeks of bargaining, negotiations are yet to finalize the procedural rules for these talks. There is disagreement over two issues. First, the Taliban insists that the basis for the intra-Afghan talks should be the group’s deal with the United States, signed in Doha on February 29. Second, the Taliban insist that the framework for the resolution of disagreements should be based only on Hanafi jurisprudence of Islam.

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    Given the Taliban’s sectarian past vis-à-vis the Shia community, widespread concerns have been raised that the group may pursue exclusionary policies. This issue became serious when the Taliban delegation opposed mentioning the name of the Shia branch of Islam. Abdul Salam Hanafi, a member of the Taliban team in Qatar, explained that the choice was made in favor of the Hanafi religion in order to resolve differences in the interpretation of Islamic texts and that “this does not mean that we should discriminate against our Shia brothers.” Mullah Khairullah Khairkhwa, a member of the Taliban’s negotiating team, said that they would discuss the “personal status, ritual and rites” of the Shia during talks regarding the Afghan Constitution.

    Regime of Discrimination

    The question arises as to why only one branch of Islam is used as a source of interpretation or as a framework for resolving disagreements when Afghanistan is a diverse country, home to various branches of the Islamic faith as well as non-Muslim communities. Do they only have rights to their religious tradition and practices, or do they also have political rights?

    Given the Taliban’s strict interpretation of Islamic texts and sharia law, their approach became a source of concern for Sunnis as well, including the Hanafi, whose own interpretation differs from that of the Taliban, which leaves no place for moderate Sunnis. Their interpretation of Islam is fundamentally in opposition to human rights, freedom of speech and civil liberties.

    Studies have shown that religious intolerance leads to political, cultural and economic discrimination when religion is considered as the basis for political legitimacy in government. Equating religion with political doctrine or using it as a guide for social and cultural activities jeopardizes civil liberties and citizenship, leading to discriminatory practices. Mohammad Reza Nikfar, a philosopher who has written extensively about religious discrimination, used the term “regime-e tabeez” to describe Iran, which in Persian means “regime of discrimination.” A regime of discrimination not only legalizes inequality in society, but the government sees its own discriminating practices as a divine mission.

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    Such a regime creates discriminatory distinctions. While implementing such discrepancies, the regime formulates specific principles of behavior, speech acts and institutions. This procedure is based on a regime of truth that defines what is right and wrong or who deserves punishment and deprivation. According to Nikfar’s theory, a regime of discrimination based on religion resembles an Orwellian political system.

    The history of the Taliban regime falls squarely in this category. Taliban ideology is rooted in violent Salafism, and the group wants to establish a “puritanical Islamic state.” The Taliban’s leader, Hibatullah Akhundzada, has repeatedly called for a “pure Islamic government” — the Islamic Emirate. In principle, the Taliban, like most other extremist groups, do not believe in religious pluralism. Afghanistan is a country of Islamic mysticism, but the Taliban have no respect for either mysticism or philosophy. This makes it difficult for Sunnis, and impossible for the Shia, to have a different interpretation of Islam and Islamic law.

    During Taliban rule, between 1996 and 2001, Afghanistan’s Hindus and Sikhs were ordered to wear yellow armbands to be identifiable from other citizens. At the time, no one was considered a citizen with political rights; instead, the Taliban treated people as subjects and followers. Girls and women were barred from going to school and working. During the regime, women were executed in public spaces such as sports stadiums and are still being shot after being found guilty by the Taliban’s religious tribunals.

    Despite many challenges, the situation for women has significantly improved in the past two decades. Today, millions more girls are in school, and women hold high positions within the government and play a significant role in the country’s political process. Thus, the Taliban’s strict religious approach toward women’s rights is a significant concern in the negotiations, with the group’s ambiguity and evasion on the question of women’s rights and political rights of minorities suggesting they may continue to pursue an exclusionary approach.

    Sociologically, the Taliban’s perception of Afghanistan is based on a tribal mindset, with views on Afghan society and culture rooted in the social ecosystem of a village setting. This lack of cultural capital based on a narrow local perspective cannot bring peace and stability because it fails to acknowledge the cultural plurality of Afghan society. A political philosophy based on tribal village structures cannot successfully govern over a diverse country. The Taliban emphasizes “Afghan values,” but in reality, these are indefinable. A book by Abdul Salam Zaeef, a former senior Taliban official, is a prime example of the Taliban’s perspective, which sees Afghanistan as a homogeneous and tribal society — as he has experienced it.

    The Taliban’s lack of a broad and inclusive view of Afghan society is not just a sign of their ignorance, but it describes a political outlook that could lead to a strategy of cultural violence and, subsequently, physical elimination. To control the diverse voices of Afghan society, the Taliban apply a highly centralized political system presided over by an unelected leader whose legitimacy stems from religion. In this case, the leader has absolute power. However, as the 19th-century historian, John Emerich Edward Dalberg, Lord Acton, warned, it is clear that absolute power brings absolute evil and corruption. The Taliban’s worldview, by default, would lead to locking the society in an old, rusty box of religious extremism, which would render a durable peace a near-impossibility.

    Challenging Circumstances

    Focusing on civilian causality is peace talks is an urgent issue. Naeem Wardak, a spokesman for the Taliban’s office in Qatar, said that the Taliban had killed “no civilians.” However, a UN report attributed 43% of the 1,282 civilians killed and 2,176 injured between January 1 and June 30 this year to the Taliban, 23% to the Afghan national security forces, with the rest of attributed to other actors such as the Islamic State. Some Taliban commanders publicly threaten civilians with mass killings. One of them, Mullah Niazi, speaks with pride and joy about killing civilians. He explains how he will kill Hazaras, a predominantly Shia ethnic minority, and burn down their houses one by one.

    Afghanistan is on the verge of a monumental shift. So far, the Taliban failed to show their commitment to end the violence and support equality and political rights of each Afghan, regardless of their religious and ethnic background. Any naive or negligent decision during the peace negotiations can lead the country into darkness and violence. But at the same time, the inter-Afghan dialogue is a significant opportunity to end the war and secure lasting peace. Both sides have to take an inclusive approach, respect human rights and accept equal political rights for all Afghan citizens regardless of their gender and ethnic background.  

    The current intra-Afghan negotiations are taking place in challenging circumstances. The government negotiating team is working under pressure from foreign powers and domestic circles as the Taliban continue to attack Afghan security forces. This is dangerous for the peace process.

    The international community and regional countries can play a significant role in encouraging both sides to reduce violence and recognize socio-cultural diversity, respect human rights and gender equality, and avoid creating a discriminatory political regime. Any exclusionary approach will increase distrust and will delegitimize the current peace talks. Violence should never be used as a bargaining chip in negotiations as it will severely undermine the peace process.

    *[The author is one of the investigators on the Carnegie Corporation of New York-funded project “Assessing the impact of external actors in the Syria and Afghan proxy wars” (Grant number: G-18-55949) at Deakin University, Australia.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    The Tug of War in Washington Around the War in Afghanistan

    The struggle has been going on for four years and is once again approaching a possible turning point. On one side you have a majority of Democrat and Republican legislators united with the intelligence community in the team called “proponents of a massive US military presence across the globe.” On the other side, an unpredictable US president who, since his 2016 election campaign, has consistently confirmed his intention to pull back the troops still engaged in the greater Middle East by the two presidents who preceded him.

    The tug of war continues between these two opposing forces as the place of the United States as “leader of the free world” appears up for grabs. (“Free” in the preceding sentence can be defined as “subject exclusively to corporate control” as corporations are deemed the only legitimate wielders of power.)

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    It has been a full 19 years since President George W. Bush launched his first campaign of perennial military occupation that the media labeled the “war in Afghanistan,” as if it was just another struggle between two opposing national armies. Bush still called it a war, but by ennobling it with the moniker the “global war on terror,” he made sure that, at least concerning public expectations, it was a war whose narrative didn’t require rational battle plans, declarations of victory, surrenders or truces. Nor did it require any of those singular moments that have defined past wars, producing all those “important dates” on the calendar that future generations of schoolchildren can memorize and then regurgitate as their responses to multiple choice questions on the tests that will decide whether or not they have mastered the logic of history.

    For anyone familiar with the mechanisms that require a constantly expanding military budget, US President Donald Trump’s insistence on reducing the footprint of the American military in the greater Middle East is heresy. Do Americans really think their continued presence is vital in Afghanistan? They said the same thing about Vietnam in 1973 when they abandoned Saigon to the Vietnamese communists. What disaster followed? The Vietnamese developed their country within a global economic context dominated by the United States and the two nations have since become best of friends, even though the communist party still officially runs Vietnam.

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    In 2001, Bush launched the war that was intended to drive the Taliban from power in Afghanistan. Regime change didn’t take long to complete. Though officially banished from power, the Taliban have remained the most powerful political force in the country. Driven by his impatience, Trump imagined that the only solution might come from recognizing that state of affairs and reaching an agreement with the Taliban. After several false starts, negotiations began again on September 12. This propension for dialogue with the enemy does not sit well with those Americans who see their nation’s role in the world as the defenders of democracy, who because they believe in that ideal deserve absolute trust. For these strategic thinkers, history has shown that the Taliban are untrustworthy and simply do not merit the confidence of the always respectful and trustworthy United States. 

    Reviewing the reactions of the camp committed to maintaining the US presence, Sean D. Naylor, Yahoo’s national security correspondent, cites retired Admiral William McRaven, former commander of Joint Special Operations Command. He tells us that McRaven opposes the negotiations because he is “skeptical that the Taliban would follow through on its commitments.”

    Here is today’s 3D definition:

    Commitment:

    In diplomacy, a formal promise to respect a number of agreed-upon rules and behaviors until one of the parties can demonstrate, thanks to its obviously superior force and capacity to intimidate, that the respect of those rules and behaviors is no longer required

    Contextual Note

    McRaven was blunt in his appreciation, using a tired cliché to express his conviction that no official agreement should be taken seriously. “I’m not personally convinced that any deal with the Taliban will be worth the paper that it’s written on.” Joining McRaven in his opposition to negotiations, Michael Morell, former deputy director of the CIA, asserted that his “assessment is that the Taliban would take over the country again in a matter of months.”

    For those unfamiliar with CIA jargon, “assessment” is synonymous with “my self-interested opinion.” Pursuing with the same vocabulary, Morell added that despite the terms of the envisaged peace deal that explicitly forbid it, “my assessment is that they would provide safe haven to al-Qaida.”

    This seals the case that in the intelligence community, the word “assessment” literally means “opinion” and not much more. Like a banker analyzing the curves of a real estate market in 2007 who believed it would keep growing forever, or like a schoolboy ready for a history test, Morell remembers the reasons Bush cited to attack the Afghan government in 2001: they had given “safe haven to al-Qaida.” If they did it once, they’ll do it again. Morell may be right, but he should also know that it was the US that gave the initial impetus to the creation and development of al-Qaida when they mobilized Osama bin Laden against the Soviets who had taken control of Afghanistan in 1979.

    The language feast continues when McRaven suggests that keeping troops in Afghanistan may be “a high price to pay” before adding this thought: “But what we have learned in the military is how to do this in a way that hopefully will not lose a lot of great soldiers.” The generals hope; the soldiers die. It’s just a question of when to pat yourself on the back when the numbers announced by the media remain sufficiently low.

    Historical note

    William McRaven and Michael Morrell have every reason to be suspicious of the value of commitments by any political entity. International understanding and world peace depend on trust and the respect of agreements reached by the political leaders of all nations. To wield clout in this complex world of international relations, financial power and military might may be sufficient to impose a nation’s policies in specific contexts, but the capacity to conduct business with every other nation in the world depends on the ability to maintain a reputation for keeping one’s commitments.

    The US has proved its capacity to wield financial power and military might, though not always to convincing effect. In his book, “In the Shadows of the American Century,” historian Alfred McCoy wrote, “Future historians are likely to identify George W. Bush’s rash invasion of Iraq, in 2003, as the start of America’s downfall.” It was the misuse of American power under Bush that began a precipitous decline in the reputation of the US as a political model and as a legitimate defender of the rule of law.

    That meant that to redress the balance, it became more important than ever for the US to show its determination to respect commitments. But as Annalisa Merelli, writing for Quartz, documented with a long list of examples, “the US is an unreliable international partner—and it has long been one, even before the current administration pulled out from the Trans-Pacific Partnership (TPP) and the Paris agreement on climate change, and threatened to end NAFTA. History is dotted with treaties that the US has signed but not ratified, signed and then unsigned, and even refused to sign after pushing everyone else to sign.”

    Americans find this hard to understand because the media rarely, if ever, track the international reputation of the US in its proclaimed role as “leader of the free world.” They prefer to see the constant betrayals of trust as inevitable and regrettable but, at the same time, forgettable results of the differences between the two sacred political parties — Democrats and Republicans. Each has a different view of the world and, once in power, quite naturally seeks to impose that view, if only to keep their campaign promises to voters (and donors). International agreements always take a backseat to electoral tactics. 

    Joe Biden, the Democratic presidential nominee for the US election in November, has expressed his admiration of McRaven’s “moral courage” and his pride in being associated with him. McRaven, who supported Hillary Clinton in the 2016 election and has openly criticized Donald Trump, has a clear vision of the future that gives a good indication of what Biden’s foreign policy may look like. He affirmed that the US will “probably need to be in Afghanistan for a very long time.” Nineteen years has clearly not been long enough.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Can the Afghans Work Toward a Lasting Peace Deal?

    Afghanistan is at a critical stage in its decades-long conflict. A combination of factors has led to a deterioration of the country’s security. These include political corruption, dysfunctional institutions, patron-clientelism and social instability. Violence has intensified in recent years, causing numerous causalities of civilians and troops. 

    Can the Taliban and the Afghan Government Make Peace?

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    Washington has been a key supporter of the Afghan political system ever since the Taliban regime was overthrown in 2001, when NATO invaded Afghanistan after the 9/11 attacks in the US. Since then, the US has sought to strike a deal with the Taliban, who have led an insurgency against NATO and Afghan security forces.

    Making Peace

    The US-Taliban peace deal — which the Afghan government is not a party to — was struck on February 29. If successful, it could help bring an end to the longest war in US history. The deal, which was signed in Doha after mediation by the Qataris, was the result of months of talks between Taliban officials and Zalmay Khalilzad, the US special envoy to Afghanistan. The agreement aims to pave the way for the end of US military involvement in Afghanistan and the withdrawal of foreign forces from the country if the Taliban uphold their side of the deal.

    The accord has been met with opposition due to continued attacks by Taliban militants against Afghan forces and civilians. On March 10, the Taliban and the government in Kabul were due to enter intra-Afghan peace talks for a separate agreement. However, an attack on a hospital maternity ward in May, which caused the death of mothers, midwives and newborns, threw the idea of peace in Afghanistan up in the air. As a result, the government resumed offensive operations against Taliban militants soon after the attacks. Afghan officials have since confirmed that peace talks are set to begin in September.

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    “This is cradle-to-grave terrorism,” says columnist Max Boot in an op-ed for The Washington Post, referring to the attack on the hospital. Nonetheless, US officials, including President Donald Trump, have stressed their desire for Afghans to take charge of their own security rather than relying on US and NATO forces. The US insists on intra-Afghan negotiations and is in a hurry for there to be a political settlement between the government and the Taliban.

    Based on its continued stance, there is no doubt that the Trump administration is committed to the Doha deal and its withdrawal of troops from Afghanistan, whatever the circumstances or consequences. This makes it more unclear what the US-Taliban agreement could lead to and, more importantly, how much influence the Taliban would have on Afghan politics and society as a result.

    Ending Decades of Conflict in Afghanistan

    Ever since the Soviet invasion in 1979, Afghans have witnessed violence. Many young people are fed up with warlords who have destroyed the country and profited from its misery. Yet there is optimism that a political solution will emerge from the Doha agreement. This could have a lasting and positive impact if certain conditions are addressed.

    In this context, a number of local, regional and global factors are crucially significant to bring an end to the longstanding conflict and ensure a durable political settlement in Afghanistan.

    First, Afghans need to work on a local and national consensus. In a divided and diverse country like Afghanistan, the people must build strong social networks that include all factions and ethnic groups. They must work on a general consensus pertaining to a power-sharing structure.

    That said, the power distribution should be based on citizenship, not ethnic and religious lines. In the long term, stability and development are likely to be ensured if power-sharing is based on Afghan citizenship. Aside from this, the government needs to support such community networks, strengthen key institutions, continue to empower Afghan security forces and clamp down on widespread corruption.

    Second, under the auspices of the United Nations, a shura (council) should be created that consists of all sociopolitical elites, including political, tribal and community leaders, to lead the Afghan peace process. This shura needs to negotiate a ceasefire as a first step. Holding direct talks between rival groups is the second step. This would involve the government, the Taliban and former mujahideen commanders.

    To carry out the talks, the shura needs to form an inclusive and consultative negotiating team from all ethnic and political groups to be able to address the deeper grievances in the country. These issues should be aired by the people and addressed under Afghan legal frameworks and the rule of law.

    The shura needs to help all opposition groups resolve their differences and conflicts through dialogue. For a peace agreement to succeed, the Afghan government, the Taliban, all Afghan leaders, ambassadors of regional states, representatives of major Muslim countries and members of NATO must be a party to the deal. These stakeholders would need to guarantee that they would abide by any conditions in the settlement, and regional states would have to agree to end all meddling in Afghan affairs.

    Third, there is a need for economic and political pressure at a regional level. Considerable pressure should be imposed on influential states like Pakistan and Iran. These two countries are considered to be the root of the problem in Afghanistan and have been accused of harboring and supporting insurgents. Hence, it is necessary that Islamabad and Tehran assure the Afghan government that they will not provide safe havens for terrorists and that anyone doing so will be brought to justice.

    It is also vital that Pakistan and Iran own up to their covert interventions in Afghanistan’s internal affairs. Both of these nations should be transparent about such operations with the Afghan government and external stakeholders. Furthermore, regional states must recognize the political independence, territorial integrity and the rights of Afghan people to self-determination in their choice of political system.

    The assurances and regional consensus also need to be based on a commitment by the Afghans. In other words, in order to ensure an end to meddling in Afghan affairs, the government in Kabul must remain impartial when it comes to the political situation of other regional states.

    In addition, Kabul needs to assure regional states — Iran and Pakistan, particular — that their legitimate interests in Afghanistan will not be harmed. The Afghans must pledge to be active partners in trade, transit and energy resources. This would be a gamechanger for the region. There would be a shift away from the destructive intervention of neighboring states toward regional connectivity and an economy-focused approach that would benefit all nearby nations.

    Fourth, once a peace deal is reached, the international community could transform a treaty into a sustainable settlement through political and economic assistance. With this in mind, once a peace agreement is ratified, Kabul should engage with the US, the European Union, the World Bank and other international partners to design and implement nuanced development programs that could lead Afghanistan toward greater physical and economic stability. This would create job opportunities for all civilians and even militants, who would, presumably, put down their guns.

    In the first phase after a peace deal is enforced, a clear future plan needs to be implemented so members of opposition groups can be appointed in official positions. In this regard, the rights and obligations of the political forces of militant groups would be on the same footing as other Afghan citizens in a democratic and fair manner. The aim would be to reintegrate opposition groups and to encourage dialogue to prevent future conflict. Furthermore, the international community, alongside the shura, should persuade all parties — including the Taliban’s political wing — to participate in free and fair elections.

    If Peace Isn’t Possible?

    These measures would strengthen and consolidate the peace process to ensure that weapons are put down and stay down. A failure to address these conditions could lead to an intensified proxy war. As a result, non-state actors like the Taliban would step up with their insurgency, leading to an escalation of violence. This would not only bury any possible political settlement, but it would also derail global security.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Can the Taliban and the Afghan Government Make Peace?

    Having harbored al-Qaeda militants, the Taliban regime that ruled Afghanistan from 1996 to 2001 was toppled by the US following the 9/11 attacks in the US. In 2003, the Taliban reorganized and began their insurgency against the Afghan government and NATO forces. Since then, despite national and international efforts to negotiate a peace settlement, the insurgency has continued. As a result, Afghanistan has faced years of instability and violence.

    In late 2018, Zalmay Khalilzad was appointed by Washington as the US special envoy to Afghanistan in a bid to strike a deal with the Taliban, which was signed on February 29, 2020, in Qatar. Under this agreement, peace talks between the Afghan government and the Taliban should have started at the beginning of March.

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    Yet after months of political wrangling, the negotiations will begin in September, according to Afghan officials. The US-Taliban deal states that prisoners on both sides should be released before the intra-Afghan peace talks commence, including 5,000 for the Taliban and 1,000 for the Afghan government. This has proved to be a contentious issue.

    The Afghan peace talks are to start soon, but one thing is clear: The Taliban’s Islamic Emirate of Afghanistan cannot be easily reconciled with the government’s Islamic Republic of Afghanistan. Hence, with a number of sticking points, including a permanent ceasefire or a significant reduction in violence, peace talks will be extremely strenuous.

    Both sides have been at a stalemate. The main reasons for this are conflicting positions between the Taliban and the government. The Afghan government has taken an intransigent view regarding the republic system. It has called it a “red line” that cannot be negotiated, though it has made some concessions since the US-Taliban peace talks began. The Taliban have always focused on reinstating an Islamic emirate, often vaguely calling it an “Islamic system” that should be harmonious with Afghan cultural values.

    In particular, there are three main areas of contention for both parties.

    The Constitution

    First, the negotiations could focus on either the revocation or amendment of the Afghan Constitution, which conflicts with the Taliban’s goal of an Islamic emirate. While the current constitution guarantees equal rights for all Afghan males and females, the Taliban sternly deny gender equality as well as other basic human rights.

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    This is why, in their Moscow statement of February 2019, the Taliban called Afghanistan’s current constitutional law un-Islamic, urging for a new constitution based on “Islamic tenets.” The existing constitution of Afghanistan is believed to be one of the most liberal Islamic constitutions in the region, and the Taliban want to Islamize it based on their extreme interpretation of Islam.

    By Islamization, the Taliban would likely centralize power in the hands of one man — the group’s leader — who would have ultimate control as the head of state. He would handpick members of an Islamic council that would serve as the legislative body. The constitution of the Islamic Emirate of Afghanistan, which was drafted in three days in 1998 by 500 clerics, is a case in point of what governance by the Taliban looks like.

    Elections

    Second, according to Article 61 of the current constitution, the president can only be elected by the people. Afghan President Ashraf Ghani, a staunch supporter of the existing political system, has repeatedly said that the government will decisively defend the constitution based on the “republic system.”

    In this system, the head of state and other elected bodies are elected directly by the people. Article 4 of the constitution explicitly says that national “sovereignty in Afghanistan shall belong to the nation, manifested directly and through its elected representatives.” Afghanistan has held elections as a feature of democracy since the fall of the Taliban, including four presidential and three parliamentary elections. 

    In contrast, in the Taliban system based on sharia law, legitimacy comes from the decision of an exclusive, small group of religious elites. That is why the Taliban have continuously opposed elections in Afghanistan. Taliban militants have repeatedly carried out attacks around election time, including in 2004, 2009, 2014 and 2019. The aims of such assaults were to disrupt the elections, undermine the government and, ultimately, to taint the legitimacy of the outcome of these votes.

    More importantly, democratic decision-making is an alien concept to the Taliban as a movement. For instance, the founder of the Taliban, Mullah Mohammad Omar, declared himself as the leader in 1994. Similarly, Mullah Akhtar Mansoor and Mullah Haibatullah Akhundzada, the successors to Omar, were both appointed by members of the supreme council.

    Many Taliban members have also expressly rejected elections as a means of choosing a government. In 2018, a senior member of Quetta Shura, the Taliban’s leadership council, flatly rejected elections. Referring to the shura, he said that the leadership of a government should be selected by a supreme council because “elections are not according” to sharia law. Likewise, Jalaluddin Shinwari, the former deputy minister of justice under the Taliban regime of the 1990s, said in 2019 that the “Taliban will not accept elections.” The group has asked the US to return power to them and to accept the Taliban’s emirate.

    However, aside from the theological argument of opposing elections, the Taliban’s biggest fear in this process stems from the uncertain outcome of allowing the people to choose. The Taliban’s odds of winning and eventually returning to power are extremely slim. Therefore, the group is likely to make every effort in the Afghan peace talks to win power as long as they do not involve elections.

    Human Rights

    Third, human rights are of the utmost importance when examining the Taliban. Respect and the protection of individual rights supported by the Universal Declaration of Human Rights are fundamental elements of a democratic system. Article 7 of the current Afghan Constitution assures respect for human rights. Likewise, Article 22 guarantees equal rights for all Afghans before the law, irrespective of their gender, ethnicity or religion.

    Conversely, the Taliban are strongly opposed to respecting such universally accepted values and rights. They have never shown flexibility to accept a democratic and republican state, which values human rights. Rather, the Taliban have steadfastly reiterated their intent to reinstall an Islamic emirate that will respect human rights under their model of an “Islamic framework.” As per the Taliban‘s ultra-conservative interpretation of Islam, this would be incompatible with a democratic state’s human rights values.  

    To cite just a few examples, the Taliban have been notorious for their hostility and discriminatory policies toward ethnic and religious minorities and women. When the Taliban ruled Afghanistan, they committed massacres against Hazaras in Mazari Sharif and Bamyan, slaughtering hundreds of civilians, including women and children. This attitude remains unchanged. 

    Similarly, under Taliban rule, Sikh minorities in Afghanistan were required to hang a yellow cloth on their rooftops and, in particular, Sikh women had to wear yellow cloths in public to identify themselves. Likewise, when they captured Kabul in 1996, the Taliban forbade girls and women from attending school and going to work, except in rare cases as medical staff with strict conditions. 

    Finally, the Taliban’s Dastur (draft constitution) stipulates that the amir al-mumineen, an Arabic term that means commander of the faithful, “must be a male Muslim follower of the Hanafi Islamic jurisprudence” — referring to a Sunni Muslim school of thought. The Taliban originally reserved this title for Mullah Omar.

    Though the matter of Dastur seems to be missing from the current discourse of the movement, the patriarchal nature of the Taliban still holds true, not only for the head of the state but also for other key positions. By only allowing a man to hold the role of head of state, the Taliban’s system of governance discriminates against women and members of other faiths — including Muslims of different Islamic sects — both of which are conflict with basic principles of human rights.  

    Despite claims by the Taliban and speculation by some researchers, the group’s general values have not changed. For example, in Taliban-controlled areas of today, women who wish to work or get an education are forced to do so under stringent conditions. In reality, this deprives women of the right to education and work as they are likely to be reluctant to attend a school or get a job.  

    Will the Afghan Peace Talks Work?

    The evidence so far suggests that both the Taliban and the Afghan government have shown some flexibility in agreeing to talks. Yet the Taliban’s Islamic Emirate and the Islamic Republic of Afghanistan remain incompatible. Both forms of governance negate each other. Unless the two sides accept considerable concessions in their positions, the possibility of reconciliation appears slim. This is particularly applicable to the Taliban.

    If the Taliban wish to smoothly reintegrate into society, they will have to adapt their policy about the governance system to a society that is very different from what they saw in the late 1990s. If they do not give in to the will of the new Afghan society of today, the group will face the resistance of Afghans who have sacrificed a lot over the last 19 years. Moreover, the chance of overthrowing the Western-backed Afghan government — if that is still the Taliban’s goal — seems far less than possible. 

    As a nation marred by violent conflict for decades, Afghanistan is highly dependent on international aid and assistance. Therefore, as the intra-Afghan talks begin, the Taliban have no option but to change their restrictive position with regard to holding free and fair elections and upholding human rights and other critical issues protected by the current constitution.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More