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    Your Monday Briefing: Russian Forces Attack Evacuees

    Plus China’s new economic plan and updates on an attack on a Pakistani mosque.Good morning. We’re covering sustained shelling in Ukraine, China’s new economic plan and the fallout of a terrorist attack on a mosque in Pakistan.A Ukrainian soldier ran to check on a family after a mortar round landed nearby.Lynsey Addario for The New York TimesRussian attacks halt evacuationsAs Russian forces continued shelling Ukraine, at least three people — a mother and her children — were killed outside Kyiv as they tried to get to safety. For the second straight day, the authorities called off an evacuation from the besieged port city of Mariupol.Here’s the latest.Russian forces were struggling to advance on multiple fronts. The Ukrainian military said that it was successfully defending its position in fierce fighting north of Kyiv and that troops were also holding back Russians from the east, where President Vladimir Putin’s forces bogged down in clashes around an airport.Families are being torn apart. Some Ukrainians are finding that their Russian relatives, hopped up on government misinformation, don’t believe there is a war. Others are splitting: Wives flee while husbands are forced to stay and fight, which some Ukrainian women referred to as “a little death.”Flights: Ukraine’s president, Volodymyr Zelensky, repeated his calls for NATO to enforce a no-fly zone, despite bipartisan opposition from U.S. lawmakers and reluctance from European allies. On Saturday, Putin said that any countries that imposed one would be considered enemy combatants. The U.S. is discussing how to supply Polish Soviet-era fighter jets to Ukraine.Russia: The police have arrested more than 3,000 people in antiwar protests. Mastercard and Visa suspended operations there; many fast food chains remain open. Moscow has blocked Facebook and clamped down harder on independent news media than at any time in the Putin era, leading some Western outlets, including Radio Free Europe, to suspend operations.Analysis: The war poses a serious threat to the American-led liberal world order. But the West adapted: In days, it threw out its decades-old playbook and isolated Russia with unparalleled sanctions and penalties.Arts: Cultural institutions are pressing Russian artists to distance themselves from Putin. Film festivals are split on whether to ban Russian movies. Technology: Hackers are conducting simple but effective cyberattacks against Russian and Ukrainian websites. TikTok, flooded with misinformation, suspended livestreaming and uploads from Russia.A shopping district in Shanghai in January.Aly Song/ReutersChina’s new economic planChina detailed a plan to expand its economy, labeling stability as its “top priority.” The changes come as the national leader, Xi Jinping, is poised to claim a new term in power.Despite global uncertainty over the coronavirus pandemic and war in Ukraine, China’s leaders sought to project confidence and calm. The annual government work report delivered on Saturday did not even mention Russia’s invasion.The implicit message appeared to be that China could weather European turbulence — and focus on keeping its people content and employed before a Communist Party meeting in the fall, when Xi is increasingly certain to extend his time in power.Details: Beijing is calling for heavy government spending and lending. Social welfare and education outlays are both set to increase about 10 percent this year. China’s military budget will grow by 7.1 percent to about $229 billion — a signal that Beijing is preparing for an increasingly dangerous world.Domestic policy: The plan suggests that China is prioritizing economic growth, with an expansion goal of “around 5.5 percent,” over domestic consumer spending. Beijing has been trying to move the economy away from dependence on debt-fueled infrastructure and housing construction.A funeral on Saturday for some of the people killed in the Friday attack.Khuram Parvez/ReutersISIS bombs Pakistani mosqueThe Islamic State’s regional affiliate, Islamic State Khorasan, or ISIS-K, claimed responsibility for bombing a Shiite mosque in Peshawar, in northwestern Pakistan. The attack killed at least 63 people and wounded nearly 200 others.Pakistani police said on Saturday that they had identified the suicide bomber and the network behind the attack. ISIS-K and Pakistani security officials both said the bomber was an Afghan national. The Islamic State, a Sunni Muslim terrorist group that considers Shiites heretics, has claimed several previous attacks in Pakistan. This was the biggest and deadliest yet, and one of the worst terrorist attacks in Pakistan in years.Background: ISIS-K formed in Afghanistan in 2015 and opened a Pakistan chapter in 2019. Security officials say the group continues to operate from Afghanistan but has been displaced by the Afghan Taliban. Officials believe that about 1,600 of its fighters escaped when the Taliban overran a prison outside Kabul in August.Other bombings: Last fall, the group carried out bombings at Shiite mosques in Afghanistan, killing and wounding dozens.THE LATEST NEWSAsiaNews coverage in Seoul last week of a North Korean missile launch.Jung Yeon-Je/Agence France-Presse — Getty ImagesNorth Korea launched a ballistic missile off its east coast on Saturday, its second test in a week, South Korean officials sad.Women’s marches have gained steam in Pakistan, and opposition has risen.The snowboarders Cécile Hernandez and Brenna Huckaby are putting in strong performances at the Paralympics, despite a dispute over whether they should be allowed to compete.CoronavirusA group of truckers protesting Covid-19 mandates encircled Washington, the U.S. capital, on Sunday morning.South Korea reported high turnout in early voting for its presidential election, but apologized to coronavirus patients for a lack of preparation that resulted in long wait times.The U.S. Food and Drug Administration rejected an Indian-made coronavirus vaccine from the pharmaceutical company Bharat Biotech for children 2 to 18.What Else Is HappeningFrance’s president, Emmanuel Macron, finally announced he would seek re-election. He is leading in polls by a wide margin.German authorities gave Tesla approval to begin production at its first major assembly plant in Europe.Younger Asian American leaders in the U.S., grappling with how to respond to a series of attacks, want to rely less on traditional policing solutions.A Morning ReadA circular golden meditation chamber in Auroville.Rebecca Conway for The New York TimesThe new leadership of Auroville, an experimental Indian commune founded in 1968, wants to turn it into a utopian model city. Backed by Prime Minister Narendra Modi, the authorities are fighting residents who cherish their trees, tree houses and take-it-slow tradition.The Saturday Profile: A Texan bombshell married an Italian prince. Now, she is fighting his sons for the crumbling Roman villa — listed in January for a whopping $531 million — where she continues to live after his death.Russia-Ukraine War: Key Things to KnowCard 1 of 3Evacuation efforts under attack. More

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    Does the US Have Leverage to Advocate for Women’s Rights in Afghanistan? 

    After the US withdrawal from Afghanistan, women’s rights in Afghanistan came under consistent attack by the Taliban, with many women activists captured, tortured, killed and reportedly raped. Unfortunately, the extent of these crimes is unknown due to a lack of comprehensive media coverage. However, the AFINT news channel reports that at least 200 people had been detained, tortured, raped and banned from traveling by the Taliban in the past six months. This number includes 102 women and 98 men, of whom 50 are journalists, 92 are civil activists, two are singers and 40 are prosecutors and judges in the previous government. 

    Over the past six months, Afghan women have continued to protest against the Taliban policies, provoking a brutal response. One of the detainees told AFINT: “Unfortunately, there is sexual harassment by the Taliban. The Taliban think that a woman who protests for her rights or has worked before they came to power is a prostitute. So, they consider these women as sex slaves.” While it may be impossible to change the Taliban’s mindset, international and regional pressure is key to helping Afghan women and holding the current regime accountable. 

    The Taliban Use Violence Against Women as a Bargaining Chip

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    To deal with the international pressures, the Taliban turned the women’s rights issues into a bargaining chip against the international community to gain recognition and force engagement. The US, in particular, consistently calls on the Taliban to respect women’s rights. But does the US have enough leverage over the Taliban to force them to revise their treatment of women?

    Power Is Everything 

    Since the overthrow of the Afghan government last August, the US remained engaged with the Taliban, although Washington does not recognize the regime as legitimate. Although the Taliban views the US as the loser in this conflict, many within the group’s leadership believe that they have to interact with Washington to gain recognition. 

    The Taliban’s Deputy Foreign Minister Sher Mohammad Abbas Stanikzai said in December: “If the US embassy reopens in Kabul, all European countries will be here in half an hour. We are working hard in this regard, and since I have been a member of the negotiating team with them (the Americans), I am sure from their morals and behavior that, God willing, they will be back soon.” 

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    From the Taliban’s perspective, power is everything. As far as they can control the country, the US has to respect them and will have to recognize them. This assumption leads the group to not compromise on women’s rights. Instead of revising their policies, they detained women activists and then released some of them following pressure to do so during the Oslo talks in January.

    The US has profound concerns about the Taliban’s relations with other terrorist groups such as al-Qaeda and the Islamic State branch in Afghanistan, but human rights, women’s rights and an inclusive government are all part of the US agenda in its interaction with the country’s new leadership. In his talk at the United States Institute of Peace, Thomas West, the US special representative for Afghanistan, emphasized these values as crucial for the US-Taliban relationship. 

    However, it is imperative to keep in mind that any compromise from the international community on women’s rights that suggests to the Taliban that their harsh policies may be accommodated will only exacerbate the situation for women in Afghanistan. 

    International Commitment

    For more than 20 years, the US and international community repeated their strong commitment to supporting women in Afghanistan, creating the expectation that it should continue doing so after the Taliban takeover. However, many Afghan women saw the US agreement with the Taliban as a betrayal.

    International pressure is the critical factor for holding the Taliban accountable. When the women activists disappeared without explanation, the Taliban denied its involvement for months. The United Nations and US diplomats repeatedly called on the Taliban to find the missing women.

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    In the end, the Taliban released several well-known women activists despite denying involvement in detaining them. The group also published videos of forced confessions by the activists. Totalitarian regimes use this tactic against human rights activities for propaganda and to mislead the public; exposing the Taliban’s double game will not be easy and will require international commitment and cooperation. 

    There are several measures that can be helpful in holding the Taliban accountable, and the US can play a central role. First, the diplomatic contacts with the Taliban should not be interpreted as hope for recognition; rather, diplomacy should be used only for contact and assessing responsibilities.

    Second, international consensus on women’s rights and supporting the idea of an inclusive and legitimate government in Afghanistan is key. This is significant for women’s rights and negotiation for building a broad-based government to reflect Afghan society, which is instrumental for avoiding another round of conflict. 

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    Third, increasing the activities of international organizations in Afghanistan to support women and monitor their situation under the Taliban is necessary. Currently, there is no access to different corners of the country where crimes against women may be committed. Fourth, financial support to organizations championing women’s education and activities will be vital for women’s voices and Afghan social society to resist the Taliban’s fascist approach.

    The US can exert pressure on behalf of Afghan women to demand that their rights to work and education are honored. Any degree of leniency toward the Taliban will make the situation worse for women. If the US shows a faltering resolve or sends a misleading message, the international consensus on human rights will disappear.  

    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 Guardian view on a Kabul heist: snatching money from the starving | Editorial

    The Guardian view on a Kabul heist: snatching money from the starvingEditorialAfghans are not to blame for 9/11, though they have paid for it many times over. Cruelly, they are being punished again The average Afghan was not even alive when planes were flown into the twin towers on 11 September 2001. This is only one of the reasons why handing money from the Afghan central bank to the families of 9/11 victims would be unconscionable. Parents are already selling their organs to feed their children, 98% of the population is short of food, and unless cash starts flowing again things are about to get much, much worse.The executive order signed by the Biden administration on Friday would allow Afghanistan’s $7bn US-held assets, frozen when the Taliban swept to power, to be halved. One half would be held pending the outcome of lawsuits brought against the Taliban by the families of 9/11 victims who have persuaded a judge to attach their case to the Afghan assets. The other half, if courts agree, would be used for humanitarian aid. The administration’s argument is that this may help get assistance to Afghanistan more swiftly, without having to await the outcome of the cases. The government can step into lawsuits to say what it believes is in the national interest, but decided that it would not object to any decision to award half the money to the families.Though central bank funds are supposed to enjoy diplomatic immunities, it appears that the administration can act if a “recognised representative of the Afghan government” approves – raising obvious questions about who might now qualify. Whatever the legal technicalities, the moral case is clear. Afghans are not to blame for 9/11, though they have paid for it many times over. Some of the bereaved have already condemned the idea of taking Afghan money as a betrayal. Thousands of American families were devastated that day, and $7bn compensation was disbursed to bereaved relatives and the injured (many of whom faced huge medical bills); another $10bn is still being paid out. This is in stark contrast with Afghanistan, where, on the very rare occasions that the US made compensation or “condolence” payments for civilian deaths, relatives usually received a small four-figure sum. The administration cannot claim the moral high ground because it proposes using some of the money for aid. Though most of it originally came from international donors, including the US, it is no longer theirs to spend, and some represents the personal savings of Afghans.In any case, humanitarian relief is no substitute for a functioning, if floundering, economy. It is not merely that it raises the prospect of starving Afghans paying the salaries of western aid workers, and of a flood of food aid causing more long-term damage by crippling agriculture. The UN had already warned that the financial system could collapse within months; seizing the central bank’s assets could be the last straw. It’s true that those funds alone can’t solve Afghanistan’s underlying problems – but they are desperately needed to stave off some of the worst consequences.Afghan experts and others have worked on imaginative solutions to restore liquidity without simply ceding control of assets to the Taliban. The problem is not a lack of means, but of will: relief is an easier political sell in the US, which is also believed to have blocked other countries from unfreezing funds. No one wants to aid the Taliban, whose primary victims are Afghans. But no one should claim the administration’s plan is in the best interests of the Afghan people.TopicsAfghanistanOpinionTalibanJoe BidenDemocratsUS politicsSeptember 11 2001United NationseditorialsReuse this content More

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    Biden releases $7bn in frozen Afghan funds to split between 9/11 families and aid

    Biden releases $7bn in frozen Afghan funds to split between 9/11 families and aidMoney would go toward humanitarian efforts for Afghan people and to US victims of terrorism, keeping it out of hands of Taliban Joe Biden signed an executive order on Friday releasing $7bn in frozen Afghan reserves to be split between humanitarian efforts for the Afghan people and American victims of terrorism, including relatives of 9/11.In a highly unusual move, the convoluted plan is designed to tackle a myriad of legal bottlenecks stemming from the 2001 terrorist attacks and the chaotic end of the 20-year war in Afghanistan, which ignited a humanitarian and political crisis, the New York times reports.But critics warned that it could tip Afghanistan’s already-strained banking system over the edge into systemic failure and deepen a humanitarian crisis that has left millions facing starvation and almost the entire country – 98% – short of food.“You’re talking about moving toward a total collapse of the banking system,” Dr Shah Mohammad Mehrabi, a longtime member of the bank’s board and economics professor at Montgomery College in Maryland, told the New York Times. “I think it’s a shortsighted view.”Cash shortages have already led to strict weekly limits on how much of their savings people can withdraw, deepening the economic crisis as inflation soars.In August the Taliban seized control and the former government collapsed, leaving behind just over $7bn in central bank assets deposited in the US Federal Reserve bank in New York. As Afghanistan’s top officials, including the president and central bank governor, fled the country, the Fed froze the account as it was unclear who was legally authorised to access the funds.The Taliban took over the central bank – known as Da Afghanistan Bank – and immediately claimed a right to the money, but under longstanding counter-terrorism sanctions it is illegal to engage in financial transactions with the organisation. Furthermore, the US does not recognize the Taliban as the legitimate government of Afghanistan.As the Biden administration mulled over what to do with the funds, a group of relatives of victims of the September 11 attacks, who years ago won a default judgment against the Taliban and al-Qaida, sought to seize the Afghan bank assets. In a case known as Havlish, the plaintiffs persuaded a judge to dispatch a US marshal to serve the Federal Reserve with a “writ of execution” to seize the Afghan money.The Biden government has intervened in the lawsuit, and is expected to tell the court that the victims’ claims for half the money should be heard (several other victims’ groups have also asked for a share). If the judge agrees, Biden will seek to direct the remainder toward some sort of trust fund to be spent on food and other humanitarian aid in Afghanistan – while keeping it out of the hands of the Taliban.The process is likely to be long and messy, with advocates and some 9/11 victims arguing that the Afghan assets should all go to help the Afghan people who are facing mounting hardship.The money – which includes currency, bonds and gold – mostly comes from foreign exchange funds that accumulated over the past two decades when western aid flowed into Afghanistan. But it also includes the savings of ordinary Afghans, who are now facing growing violence and hunger with the economy and rule of law in freefall.“The 9/11 victims deserve justice but not from the Afghan people who themselves became pawns caught in the middle of the US-led ‘war on terror’ and an oppressive Taliban regime,” said Adam Weinstein, research fellow at the Quincy Institute, who also served as a US marine in Afghanistan.“The idea that overnight, the central bank reserves went from belonging to the Afghan people to being the transferable property of the United States is nothing short of colonial.”In another sign of the desperate humanitarian situation in Afghanistan, the World Health Organization said on Friday that a raging measles outbreak had infected tens of thousands and killed more than 150 people last month alone.The UN health agency said the outbreak was particularly concerning since Afghanistan is facing massive food insecurity and malnutrition, leaving children far more vulnerable to the highly contagious disease.“Measles cases have been increasing in all provinces since the end of July 2021,” a WHO spokesman, Christian Lindmeier, told reporters in Geneva.He said cases had surged recently, ballooning by 18% in the week of 24 January and by 40% in the last week of the month.In all, 35,319 suspected measles cases were reported in January, including 3,000 that were laboratory confirmed, and 156 deaths. Ninety-one per cent of the cases and 97% of the deaths were children under the age of five.Lindmeier stressed that the measles-related deaths were probably underreported and the numbers were expected to swell. “The rapid rise in cases in January suggests that the number of deaths due to measles is likely to increase sharply in the coming weeks,” Lindmeier said.TopicsAfghanistanJoe BidenSeptember 11 2001US foreign policyUS politicsFederal ReserveTalibannewsReuse this content More

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    The Taliban Uses Violence Against Women as a Bargaining Chip

    After the collapse of the Afghan government last August, the only significant challenge to the Taliban’s primitive totalitarianism was mounted by women in big cities — the capital Kabul, Mazar-e Sharif in the north, and Herat in the west, among others. The Taliban’s approach to women’s rights brought fears of violence that engulfed the country in the 1990s when the Talibs first won power. But Afghan society has undergone considerable changes since then, and many Afghan women refuse to accept the militants’ restricted approach to their right to work and education.

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    In response, the Taliban have deployed various oppressive measures. In September, they replaced the Women’s Affairs Ministry with morality police, which enforces the armed group’s strict religious doctrine on the country. At the same time, while trying to confine women to their homes by forbidding them to work or study, the Taliban are using the threat of violence against women as a bargaining chip against the Western powers.

    Violent Tactics

    In September last year, the Taliban attacked the media to prevent them from covering the women’s protests in Kabul. Two Etilaatroz journalists were tortured. Etilaatroz is one of the leading Afghan newspapers and a critical voice mainly focused on investigative journalism. An attack on the newspaper was a clear signal for everyone covering the protests against the Taliban.

    Since the armed group took control of the country, at least 318 media outlets closed in 33 of 34 provinces and, according to the International Federation of Journalists, 72% of those who lost their jobs are women.

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    But the Taliban quickly changed their tactics to tackle women’s protests through more intimidating methods, including nighttime house searches to locate those who dared raise their voice. Tamana Zaryabi Paryani, a member of the movement demanding rights to work and education, is just one of the women taken from their homes in Kabul in the middle of the night; her whereabouts remain unknown. Some families report being contacted by detainees from Taliban prisons in undisclosed locations.

    The Taliban deny capturing, detaining or killing women and other opponents. This tactic aims to mislead public opinion, the media and policymakers in Western countries. The situation may be even more critical in the provinces, beyond the eyes of the media. In September last year, the Taliban killed a former police officer with the ousted Afghan government in front of her family in Gor province; she was pregnant at the time of her murder.

    There is no way to assess the true number of disappeared women across the country. Some of them are known by the media, such Mursal Ayar, Parwana Ibrahimkhel, Tamana Paryani, Zahra Mohammadi and Alia Azizi. Most of them belong to the protest movement against the Taliban’s policies. Azizi worked as a senior female prison official in Herat and went missing when the Taliban took control of the city. Amnesty International urged the Taliban to investigate the case and release her “immediately and unconditionally” if she is in their custody.

    Last week, the UN repeated its call and asked the Taliban to release the disappeared women activists and their relatives. The German Embassy, currently operating from Qatar, has called for an investigation into the missing women. It is entirely possible that the Taliban will eventually release some of the captives, claiming that they were rescued from the clutches of the kidnappers, in order to portray themselves as a responsible government.

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    Gang rape is another tactic that the Taliban deploy against women in detention. The Independent reports that last September, bodies of eight detainees arrested during a protest in Mazar-e Sharif were discovered. According to reports, the girls were repeatedly gang-raped and tortured by the Taliban. Sexual assault is a many-sided weapon against women in a society based on strict honor codes. Some of those who survived the rapes were killed by their families.

    In January, The Times reported that the staff in the government-run Mazar-e Sharif Regional Hospital claim that they receive around 15 bodies from Taliban fighters each month — mostly women with gunshot wounds to the head or chest.

    Bargaining Chip

    Violence has been the Taliban’s primary tool both in war and during negotiations with Western powers. Over the course of two decades of conflict, the Taliban used violence as a means to win recognition as a political force. During their talks with the US and the Afghan government, the Taliban escalated violence to enhance their position at the negotiating table. Now, they are pursuing the same strategy by trading repression for recognition.

    Since the Taliban took control of the country, women’s rights are a constant subject of ongoing diplomatic discussions that have so far brought no result. The international community has failed to press the Taliban to form an inclusive government and respect women’s rights.

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    But the armed group wants the international community to recognize their government. In January, a Taliban delegation was invited to Oslo to talk with Western powers and representatives of Afghan women for the first time. At the meeting, Hoda Khamosh, a civil society activist, asked the Taliban delegation: “why are the Taliban imprisoning us in Kabul and now sitting here at the negotiating table with us in Oslo? What is the international community doing in the face of all this torture and repression?”

    Since then, nothing has changed. The reality is that the Taliban used the talks in Oslo as an opportunity to make an international appearance to advertise their government. They are deploying precepts like women’s rights to force more international engagement. While Norway was criticized for inviting the Taliban and offering them exposure, Switzerland’s Ministry of Foreign Affairs confirmed that it invited the Taliban to talk about “the protection of humanitarian actors and respect for human rights.”

    The Taliban is an ideological, zealot religious movement, and years of experience suggest that they are unlikely to revise their position on women’s rights and other fundamental issues, including human rights and political pluralism. Talking about women’s rights in Western capitals is just an opportunity for them to normalize their regime and travel abroad. Human rights violations, particularly violence against women, not only serve the Taliban’s ideological purposes but have turned into a convenient bargaining chip against the international community.

    It is critical that Western powers support fundamental human rights in the country without providing the Taliban with opportunities for blackmail, implementig realistic measures to press the group to release activists and to respect women’s rights. First, it is important to maintain or escalate the current sanctions regime against the Taliban leadership. Second, making sure that there is no rush to recognize the Taliban regime mong foreign governments is another key leverage point.

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    Third, there is a need to appoint a special rapporteur to monitor the human rights situation and document violations to hold the Taliban accountable. Fourth, it is important to extend and support the mandate of the United Nations Assistance Mission in Afghanistan to help monitor the human rights situation in the country.

    Finally, the international community can continue its humanitarian support through UN agencies and other organizations without recognizing the Taliban. Recognition of the group will not only increase human rights abuses but will send the wrong signal to other extremists in the region. All these measures will reduce the Taliban’s ability to use violence as a bargaining chip against the international community.

    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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    What the Taliban’s Constitution Means for Afghanistan

    In a recent webinar titled, “Recognition of the Taliban as a Legitimate Government of Afghanistan,” a participant asked me which constitution is currently in place and the status of the Afghan Constitution from 2004? I couldn’t answer because the status of the constitution was still unclear.

    In August 2021, the Taliban came to power in Afghanistan through unconstitutional means. They initially did not establish a new government or issue a decree suspending or repealing the constitution. However, when prompted by the Chinese ambassador to Afghanistan, the minister of justice noted that the Taliban plan to temporarily enact the 1964 constitution, excluding parts that contradict the principles of the Islamic Emirate of Afghanistan, the formal name of the country under the new government. Thus far, the Taliban have not released a formal document or policy statement that would indicate how they plan to govern.

    Can the Taliban Govern Responsibly?

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    When the caretaker administration was introduced last September, the government was modeled on a different system than the one intended in the 2004 constitution, but it shared similarities with the 1964 version. The 2004 model provides for presidential rule, and a direct vote elects a president as the head of state to serve a five-year term.

    So far, it is clear that the 2004 constitution is no longer in force in Afghanistan and that the Taliban have, more or less, restored their constitution that was drafted in 1998. Under that version, the Taliban’s caretaker administration is a theocratic monarchial system with a supreme leader, known as the amir al-Mu’minin (leader of the faithful), as its king.

    The Taliban’s Constitution

    Under its rule between 1996 and 2001, the Taliban never introduced a written constitution for Afghanistan nor validated any previous version. But they made some efforts to draft a constitution. This process began in 1998 when the leader of the Taliban, Mullah Omar — formally known as amir al-Mu’minin — issued a legislative decree under which a so-called constituent assembly — or ulema committee (a religious body of scholars) — was established, led by Maulvi Noor Mohammad Saqib, the former chief justice of Afghanistan.

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    The decree placed the power to review laws with the committee, under the supervision of the supreme court of Afghanistan. The committee’s task was to look at existing laws, including under past constitutions, and to remove articles that did not conform to sharia. The committee began working on the constitution in July 1998 and decided that the review of the previous constitution should be in accordance with the Hanafi madhab (school of jurisprudence) of Sunni Islam. Articles inconsistent with sharia would be amended or repealed and, if necessary, a new article would be added.

    The constitution was drafted after a round of sessions, but it was not approved before the Taliban were toppled by US-led forces in 2001. The preamble of the constitution notes that it was adopted in 2005 by the supreme council of the Taliban, with 10 chapters and 110 articles. The constitution’s travaux préparatoires (preparatory works) are not publicly available to show which constitution of Afghanistan was chosen as the basis for the Taliban’s version. Yet based on preliminary examination of both versions, it appears that the 1964 constitution, which was adopted under King Mohammad Zahir Shah, has been chosen as a foundation for the Taliban’s model. The Taliban’s constituent assembly has reviewed the 1964 constitution and removed, amended or added articles to the constitution that it believes contradict Islamic law.

    Despite the considerable differences between the two constitutions, many articles of the Taliban’s version are verbatim to those of the 1964 model. While not explicitly mentioned, the Taliban’s constitution provides for a theocratic ruler under the title of amir al-Mu’minin, who would be similar to a king under the 1964 constitution in terms of political power.

    The Taliban’s constitution is focused on the religious dynamics of the country, without considering the social and economic implications, and it forms the basis of the Islamic Emirate of Afghanistan. The constitution recognizes Islam as the national religion and adheres to the Hanafi madhab of Sunni Islam. Due to its similarity with the 1964 model, in principle, the constitution commits to the UN Charter, the Universal Declaration of Human Rights, the charter of the Organization of Islamic Cooperation (OIC), the Non-Aligned Movement, and other relevant laws and regulations within the limits of Islamic law and national interests. Power is divided between the amir al-Mu’minin, the prime minister or executive, the Islamic shura (parliament) and the supreme court. Ultimately, however, the amir al-Mu’minin has unlimited power to execute his will in all aspects of the government.

    To make sense of the Taliban’s constitution, it is important to examine the responsibilities of the head of state, the shura, the executive and the judiciary and the role of foreign policy.

    The De Facto King

    Under the Taliban’s Islamic Emirate of Afghanistan, the amir al-Mu’minin is the head of state. He executes his authority in the executive, legislative, and judiciary fields according to the provisions of the constitution and other laws. Under the Taliban, the amir would be an Afghan national, born to Afghan Muslim parents and a follower of the Hanafi madhab. The amir al-Mu’minin has similar immensurable powers as the king had under the 1964 constitution. For example, under that version, the king was able, inter alia, to appoint and remove prime ministers and other government ministers, issue a state of emergency, approve the national budget, ratify laws, select and dismiss judges, promote and retire high-ranking officials and declare war. The Taliban’s constitution gives the same powers to the amir.

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    Unlike the 1964 and 2004 constitutions, the procedure for appointing the head of the state is not clearly laid out in the Taliban’s constitution. Yet one of the tasks of the shura, together with the supreme court and the prime minister, is to decide on what happens in the event of the amir al-Mu’minin stepping down. The amir would inform the speaker of the shura, chief justice of the supreme court and the prime minister about his resignation. After this, a meeting between the shura, the chief justice and the prime minister takes place. However, if the amir al-Mu’minin dies and does not choose a successor, then the chief justice takes over as acting leader. 

    The constitution does not explicitly state who appoints the amir al-Mu’minin. But it does imply that the authority to appoint him rests with the shura, the chief justice and the prime minister. The one significant difference between the amir and the king under the 1998 and 1964 constitutions, respectively, is that leader of the faithful is accountable and equal before the law like any other citizen. Under the 1964 constitution, the king was not accountable and was to be respected by all.  

    Islamic Shura

    Chapter three of the Taliban’s constitution deals with the nature of the shura, the appointment of its members and its powers. Under the constitution, Afghanistan would have a unicameral shura that has, inter alia, legislative power and the interpretation of the constitution. Members of the shura are appointed by the amir al-Mu’minin for an indefinite duration. The amir would appoint three members from the first grade I provinces, a maximum of two from the grade II provinces and one from grade III provinces. (Based on criteria determined by the Afghan government, all provinces are given different grades and, according to these grades, they receive particular privileges and allocation of the national budget.)

    The members of the shura would also have met the conditions set by the ahl al-hall wa’l ‘aqd, which refers to those qualified to elect or depose a caliph on behalf of the Muslim community under Sunni Islam. The constitution does not specify a method for the appointment of this group of people. Hence, this process remains open to arbitrariness and biased selection of pro-establishment individuals of dubious credibility and competence.

    The amir al-Mu’minin also appoints the speaker of the shura from amongst existing members, but the constitution does not address the appointment of the deputy and secretary of the shura. The shura has the power to ratify, modify or abrogate laws. However, the procedure of enacting laws and abrogation of laws and how the shura will engage with stakeholders is not specified. The shura also has the power, inter alia, to oversee the actions of the government, make decisions on contentious issues, approve the state budget, ratify international treaties and agreements (together with the supreme court and the council of ministers), approve loans and grants, adopt government policies, and elucidate and question the government.

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    The Taliban’s constitution does not give immunity to members of the shura in case they commit a crime. Article 51 states that if a member of the shura is accused of an offense, the official responsible shall communicate the matter to the speaker. The legal proceedings against the accused would be initiated only when the speaker allows it. In the case of a witnessed crime, the official responsible can start legal proceedings and arrest a member without seeking permission from the speaker.

    Executive

    The prime minister and other ministers who lead the government are the highest executive and administrative authority under the Taliban’s constitution. Appointees to the position of prime minister must meet specific criteria. This includes being a Muslim, a follower of the Hanafi madhab and born to Muslim parents. The prime minister represents the government (executive) and he chairs the council of ministers. The prime minister can delegate his powers to other ministers, sign contracts and agreements at the government level, organize and oversee the affairs of ministries, and appoint, promote, retire and dismiss government officials.

    The government under the Taliban’s model is in charge of the country’s domestic and foreign policies, regulates the performance of ministries and independent authorities, takes necessary measures in executive and administrative matters, drafts government-related laws and regulations, drafts and amends the annual budget, supervises banking affairs, ensures public security in the country and approves external expertise recruitment. The prime minister can also propose removing ministers to the amir al-Mu’minin, but they can only be removed if the head of state gives his approval.  

    Judiciary

    Articles 70 to 82 of the Taliban’s constitution contain detailed provisions on the courts and the status and independence of the judiciary. The constitution establishes the judiciary as an independent organ of the state. The only court established under the constitution is the supreme court, while the number of other courts and their jurisdiction is determined by law. The jurisdiction of the courts to hear cases brought before them is exclusive and, as per the constitution, “under no circumstances shall a law exclude from the jurisdiction of the judiciary, as defined in this title, a case or sphere, and assign it other authorities.”

    The amir al-Mu’minin appoints judges on the recommendation of the chief justice. The number and qualifications of the supreme court judges are not determined. But for the appointment of the chief justice, an ambiguous criterion of “full competence,” or Ahliat-e-Kamil, has been laid down. The deputies and justices of the Supreme Court are also appointed by the amir al-Mu’minin on the recommendation of the chief justice of the supreme court, taking into account the criteria of religion, piety, sufficient knowledge of jurisprudence, the judicial and legal system of the country.

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    Under the 1964 constitution, the king could appoint judges and review their position after 10 years, but he was not permitted to remove officials from their office through other means. The Taliban’s constitution, on the other hand, does not state the terms of tenure of supreme court judges, and the amir al-Mu’minin can remove judges from their offices.

    The power of the amir to remove judges and the appointment of judges for an undetermined period brings the judiciary’s independence into question. The supreme court under the Taliban’s constitution no longer has the power to interpret the constitution under judicial review. That power has been assigned to shura. Thus, the constitution does not recognize the separation of power and enforce checks and balances.

    Foreign Policy

    According to the Taliban’s constitution, the foreign policy of the Islamic Emirate is based on the teaching of Islam, human values, securing the public interest and political independence, territorial integrity, playing an effective and constructive role in international peace, and cooperating with the international community.

    In principle, the constitution supports the UN Charter, the charter of the OIC, the Non-Aligned Movement, the Universal Declaration of Human Rights, and other internationally accepted principles and regulations, as long as they do not conflict with Islamic principles and national interests. The constitution condemns the use of force against any country and calls for dispute settlement through peaceful means. It also supports the program of disarmament and the elimination of the weapon of mass destruction.

    The Rights of Afghans

    So, with all this in mind, what does the constitution mean for the people of Afghanistan?

    First, it is clear that under the Taliban’s constitution, the public has no say in the decision-making process — neither in the form of voting, nor with holding government bodies to account. The constitution denies the people their right to elect members to the shura, choose a prime minister, pick members of provincial assemblies or select governors, mayors and members of district assemblies since, according to the Taliban, elections are considered un-Islamic.

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    Second, the selection of members of the shura by the amir al-Mu’minin opens the door for picking individuals who are close to the inner circle of the Taliban, particularly Taliban members themselves. By introducing the strict and ambiguous conditions of Ahl al-hall wa’l ‘aqd for shura appointees and a constitutional clause for the amir and prime minister to be followers of the Hanafi madhab of Sunni Islam, women and religious minorities such as Shia Muslims are excluded from positions of power and the decision-making process. Such provisions also contradict other clauses of the Taliban’s constitution, including the one that provides for equality before the law and prohibits all forms of discrimination.

    Third, the Taliban’s constitution guarantees certain fundamental rights with limitations. This, in principle, includes freedom of speech, the right to a free and fair trial, liberty, human dignity, right to property, right to assemble unarmed and inviolability of person’s residence. It also provides for certain social rights, including the chance to receive free education. Most importantly, however, it leaves the regulation of women’s education to a specific law, which limits their right to education.

    Prime Minister Mulla Hasan Akhund also confirmed such limitations in his first speech, where he indicated that only sharia education is compulsory and that women could seek knowledge in other fields if necessary. Thus, it can be inferred from his speech and the constitutional clause that the government will determine and specify faculties where women can take enroll and which the Taliban think are necessary for women. This provision itself contradicts other clauses of the constitution.

    Finally, regarding the rights of children, women and minorities, the Taliban’s constitution does not specifically guarantee their protection. However, all Afghan citizens are provided with general protection, which includes children, women and minorities.

    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 Pashtun-led Taliban Could Break Apart Both Afghanistan and Pakistan

    More than a century ago, the Russians and the British played the Great Game for the control of Afghanistan. Immortalized in Rudyard Kipling’s “Kim,” this game defined three generations of soldiers, spies and diplomats. As the remarkable Rory Stewart records, the Great Game never ended. The Soviets and the Americans carried on where the Russians and the British left. Now, a new great game is about to begin.

    Is Afghanistan Going to Break Apart?

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    As is well chronicled, Afghanistan emerged as a buffer state between the Russian and British empires. Dominated by the Pashtuns, this state remained an inchoate entity of competing ethnic groups, feuding clans and autonomous villages. As Tabish Forugh and one of the authors noted in an earlier article on Fair Observer, this Pashtun-dominated order crumbled when the Soviets invaded Afghanistan in 1979. The Taliban brought back this order in the 1990s and are establishing Pashtun primacy yet again.

    New Life to Old Identities

    Modernity has not been kind to Afghanistan. Until the 1970s, this country was a land where hippies showed up to smoke pot and have a good time. Older Pakistani friends reminisce about driving from Peshawar to Kabul to buy videotapes of Bollywood movies and bask in the relatively liberal milieu of Afghanistan. When the Soviets intervened in 1979, this idyllic version of the country disintegrated. For all the efforts of Soviet troops, engineers and administrators, communism failed.

    By February 1989, Soviet troops withdrew from Afghanistan. Later that year, the Berlin Wall fell and the Soviet Union itself imploded in 1991. The loosely allied mujahideen turned their guns on each other and a bloody civil war followed. The Tajiks, the Uzbeks and the Pashtuns were at each other’s throats. Eventually, the Pakistani-trained, Islamabad-backed, Pashtun-led Taliban triumphed in 1996. Their rule was cut short by the 9/11 attacks in 2001, which brought American intervention and began a 20-year experiment with democracy.

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    Sadly, the democratic experiment has failed too. In June 2021, Forugh and one of the authors wrote that President Ashraf Ghani occupied “his fancy palace in Kabul thanks to the barrels of American guns,” and, once the Americans left, he would be toast. Americans established a presidential system based on their own model that was destined to fail in a famously diverse and fractious society. Note that the US leaders after World War II chose parliamentary democracy for Germany and Japan, two industrial societies with a far higher degree of homogeneity. If Washington blundered at the beginning, its decisions were catastrophic at the end. Today, democracy is dead and buried, the fanatical Taliban rule the roost and ethnic identity is replacing fragile multiethnic Afghan nationalism.

    The Rise of Ethnic Nationalism

    As stated earlier, Afghanistan is where two expanding empires met. The British had digested modern-day Bangladesh, India and Pakistan, then British India. The Russians had taken over an odd assortment of clans and khanates in Central Asia, many of whom were descendants of Genghis Khan and Timur. Just like the boundaries drawn by the British or the French, the Russian ones were arbitrary too. As ethnic nationalism rises in Afghanistan, it will spill over into Central Asia.

    As late as February 2020, the US State Department declared that “a secure and stable Afghanistan [was] a top priority for the Central Asian governments.” It encouraged these governments to boost economic and trade ties with their Kabul counterparts. American hopes for “stable governance of multi-ethnic, Muslim-majority countries” now lie in tatters. Kazakhstan demonstrates that Russian realpolitik of supporting strongmen has triumphed.

    Yet even the Kremlin cannot hold back the tide of ethnic nationalism that is unfolding in Afghanistan and spreading to Central Asia. The Tajiks led by Amrullah Saleh and Ahmad Massoud have the tacit, if not explicit, support of the Tajikistan government. The Uzbek warlord Rashid Dostum fled to Uzbekistan when the Taliban took over. As the Pashtuns leave not even scraps at the table for others, it is only natural that minority ethnicities are looking across the border for a better future. Just as in former Yugoslavia, ethnic nationalism is now on the rise in Central Asia.

    Pakistan’s Frankenstein Monster’s Problem: Radical Islam

    To a large degree, Pakistan has fostered, if not created, the ethnic nationalism now rising in Afghanistan and spilling over into Central Asia. It is an open secret that Pakistan’s military elite created the Taliban. As Ishtiaq Ahmed explains, “the Garrison State” has always been paranoid about its lack of strategic depth. The loss of East Pakistan that won independence as Bangladesh in 1971 has scarred the Pakistani psyche and made the country’s political elites double down on political Islam. In the 1980s, General Muhammad Zia-ul-Haq moved Pakistan along a fundamentalist arc. Jihad became the order of the day not only against the Soviets in Afghanistan but also against India, which he sought to “bleed through a thousand cuts.”

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    Zia was not an exception to Pakistani hostility to India. Zulfikar Ali Bhutto, the man Zia ousted through a military coup and hung on the gallows, vowed to wage a “thousand year war against India.” In 1974, Pakistani mobs massacred thousands of Ahmadis and, instead of delivering them protection or justice, Bhutto brought in a constitutional amendment declaring the Ahmadis non-Muslims. The same year, he declared Pakistan would go nuclear, claiming “We shall eat grass but have our bomb.” Islamic fundamentalism and Pavlovian anti-India ethos drive Pakistani state policy regardless of whether the country is under civil or military rule. 

    Backed by the US and Saudi Arabia, the Pakistan-backed mujahideen brought the Soviet Union to its knees. Against India, Pakistan has followed an asymmetric strategy of championing irregulars, insurgent and terrorists from its very inception. In the first of a three-part series analyzing the fallout of the Taliban’s takeover of Afghanistan, Rakesh Kaul points out how Pakistan supported a Pashtun jihad in Kashmir as early as 1947. The marauding tribesmen killed Kaul’s great-grandfather, “tied his dead body to a horse and dragged it through the streets to terrorize the local population into submission.”

    Starting from the 1980s, Pakistan’s Inter-Services Intelligence (ISI) unleashed terror as an instrument of state policy against India. First, the ISI backed the violent Sikh insurgency for an independent state of Khalistan, a strategy that it continues with till today. Second, the ISI supported the insurgency in Kashmir that blew up in 1989 and persists till today. Third, the ISI created and supported militant jihadist groups such as Lashkar-e-Taiba and Jaish-e-Mohammed to overwhelm India through multiple terrorist attacks. With a crisis-ridden economy and much smaller military, Pakistan has bet on asymmetric terror tactics and nuclear deterrence to tie India down.

    However, Pakistan is discovering that when you sow the wind, you reap the whirlwind. Like Victor Frankenstein, the Garrison State has created a monster: radical Islam. Since the 1980s, Pakistan has become intolerant, sectarian and violent. Minorities have faced persecution and suffered ethnic cleansing. The case of the animistic Kalash people in Chitral is a case in point. Many documentaries have recorded how they have faced persistent persecution and forced conversion. As a result, a mere 3,500 Kalash are left and they may not survive for too long.

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    Radical Islam was meant to be a tool the Pakistani state used against its neighbors. Now, it has spread like cancer throughout all aspects of the country’s life. Instead of Pakistan’s corrupt and inefficient government, madrasas now provide education for refugees and lower-class Pakistanis. Many of them are hardline and churn out jihadis by the thousands. For instance, most of the Afghani Taliban leadership graduated from the madrasa Dur-ul-Uloom Haqqania.

    Religious figures can now bring the country over a standstill in an instant. Violent protests repeatedly erupted after French President Emmanuel Macron said that Islam was in crisis. Terror attacks within Pakistan have shot up. Roohafza, a sugary syrupy drink, has replaced whiskey in officer messes. Many officers now sport flowing beards and offer prayer five times a day. In the words of Javed Jabbar, Pakistan has experienced “a steady retreat into showy religiosity and visible piety in the public domain and in most media.” A new law makes it compulsory for every child to learn Arabic.

    Pakistan finds itself in a bind. It has to direct the thousands of jihadis graduating from madrasas against external enemies to avoid internecine strife. In fact, it is only a question of time before radical Islamists will infiltrate all organs of the Pakistani state. The Taliban’s victory has convinced them that Allah is on their side. The risks of a general like Zia or a cleric like Ayatollah Ruhollah Khomeini taking over and unleashing nuclear terror or nuclear war are getting higher by the day.

    Radical Islam and Pashtun Pride Make an Explosive Cocktail

    If radical Islam is dangerous, radical Islam combined with ethnic nationalism is terrifying. After 20 years, the Pashtun-led Taliban is back in power. They are surging with confidence after humbling the world’s superpower. This time, they are battle-hardened, better trained and savvier than their predecessors from the 1990s. The Taliban also have a strong sense of history and look back to the expansionist 18th-century Ahmed Shah Durrani as a model to follow. 

    Durrani was a historic figure who sent troops to Central Asia, defeated the Marathas in the historic 1761 Third Battle of Panipat with assistance of local Muslim rulers and created the modern nation of Afghanistan. Durrani’s young nation soon fell victim to the Great Game and lost much territory to the British. Led by Sir Henry Mortimer Durand, the British delineated the modern-day border between Afghanistan and Pakistan. Till date, many Pashtuns have not accepted this border.

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    The Taliban are expansionists. In the north, the Tajiks and the Uzbeks will fight a guerilla war, ensuring their eventual retreat. To the west lie Turkmenistan and Iran, two ethnically distinct entities where the Taliban cannot expand. To the south and east lies Pakistan where the Taliban trained and where their Pashtun kin reside. Furthermore, the Pashtuns have a deep memory of raiding and ruling the plains of Indus and the Ganges. When Babur swept down from modern-day Uzbekistan to modern-day Pakistan and India through the Khyber Pass, he defeated a Pashtun sultan who was ruling Delhi.

    When Pakistan won independence, Pashtun opinion was divided. Some like Sardar Abdur Rab Nishtar wanted a homeland for Muslim Indians in the shape of Pakistan. Others like Abdul Ghaffar Khan, a friend of Mahatma Gandhi, fought for a unified India and then for an autonomous Pashtunistan. Still others wanted reunification with Afghanistan. Worryingly for Pakistan, Pashtun refugees have streamed into the country from Afghanistan since 1979. Encyclopedia Britannica tells us that there were “about 11 million Pashtun in Afghanistan and 25 million in Pakistan in the early 21st century.” Multiple estimates indicate Pashtuns to be over 15% of Pakistan’s population. In Afghanistan, they comprise about 42% of the population. Once all-out ethnic conflict erupts in Afghanistan, Pashtun identity is only likely to strengthen.

    So far, the Punjabi elite running Pakistan has co-opted the Pashtun elite by giving it plum positions in the state apparatus, especially the military. The ruling elite has also used Pashtuns to fight wars and proxy wars in Kashmir since 1947 when both India and Pakistan emerged as two independent entities after the partition of British India. During the 20 years of US presence in Afghanistan, cross-border incursions into and violent incidents in Kashmir declined because Pashtuns were too busy fighting a jihad at home. Now, these jihadis will turn their attention to Kashmir.

    Not all jihadis are fixated with Kashmir. Some of them are sworn enemies of the Pakistani state such as the Tehrik-i-Taliban Pakistan. With the victory of the Taliban in Afghanistan, Pakistan may have achieved its long-cherished strategic depth against India, but it now has the tail of the Pashtun tiger in its hands. Pakistan’s ISI has no option but to deploy Pashtun jihadis against India in Kashmir. Failure on the Kashmir front could trigger Pashtun dissatisfaction against Punjabi leadership.

    A tiny wrinkle many forget is that Pashtuns see themselves as a warrior people and the natural leaders of Muslims in the Indian subcontinent. They have successfully beaten back the British, the Soviets and the Americans. Pashtuns see the Punjabis as soft, loud and showy. Like the Balochs, the Sindhis, the Muhajirs and others, Pashtuns resent the Punjabi domination of Pakistan. Furthermore, many Pashtuns regard the banks of the Indus, not the Durand Line, as their natural border.

    Blood Borders

    Pakistan’s Pashtun problem is a particular example of a more widespread phenomenon. Most of the current borders in Africa, the Middle East and Asia are colonial legacies that do not make sense. In 2006, Ralph Peters published a controversial article in Armed Forces Journal titled “Blood Borders” where he argued for redrawing “arbitrary and distorted borders.” Peters took the view that “significant ‘cheated’ population groups, such as the Kurds, Baluch and Arab Shia” deserved their own states. He blamed “awful-but-sacrosanct international boundaries,” not Islam, for much of the violence in the Middle East and South Asia.

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    Since 2006, many analysts have slammed Peters. The US has resolutely upheld the stability of the borders in former British and French colonies even as it has championed the independence of nations once under the Soviet yoke. That policy might be nearing the end of its shelf life. In its moment of triumph in Afghanistan, Pakistan might have set wheels into motion that will lead to its own disintegration.

    Today, Pakistan is held together by an anti-India Islamic identity. The different linguistic ethnic groups that comprise Pakistan have long been pulling in different directions. Therefore, Pakistan has fostered a siege mentality among its people and created an identity that looks to Arab, Turkish and Pashtun conquerors of India for inspiration. Pashtun identity is far more cohesive, time-tested and real. After humbling the US, Pashtuns are unlikely to play second fiddle to the Punjabis for much longer. Inevitably, they are bound to take charge of their own destiny as they have done many times in the past.

    To add fuel to the fire, Pakistan’s economy is in dire straits. Last year, the International Monetary Fund instituted yet another bailout and released $6 billion to Islamabad in November. Over the last three years, the Pakistani rupee has fallen by 30.5% against the US dollar. Inflation and unemployment are running high. In such circumstances, anti-India rhetoric is useful, desirable and essential to keep the country together. 

    Pakistani Prime Minister Imran Khan has repeatedly condemned India’s “descent into fascism” and claimed that the ruling Bharatiya Janata Party (BJP) and the Rashtriya Swayamsevak Sangh, the BJP’s parent organization, of being Nazi-inspired entities. This puts pressure on Khan’s government and his military backers to act against such a toxic neighbor and evil enemy. The trouble for Khan and his delusional friends in Islamabad is that state coffers have little money to fund conflict with a far more prosperous and numerous India. Khan and co are riling up a mob that they are bound to disappoint. The last-ditch effort to keep Pakistan together would be war with India and, if Islamic radicals were to seize power in Islamabad, the risk of nuclear war would only turn too real.

    Whether conflict with India is conventional or nuclear will be determined by circumstances in the future. It is clear that the Taliban have unleashed ethnic nationalism not only in Afghanistan but also in neighboring Central Asian states. Inevitably, the Pashtuns in Pakistan will be infected by that sentiment as well, especially as Islamabad leads the country to economic and military disaster. The scenario Peters conjured of Pakistan’s Northwest Frontier tribes reuniting with their Afghan brethren and creating Pashtunistan would then come true. Both Afghanistan and Pakistan would no longer be the same again.

    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 Biden doctrine: Ukraine gaffe sums up mixed year of foreign policy

    The Biden doctrine: Ukraine gaffe sums up mixed year of foreign policy On Russia and Putin, the president said the quiet part loud. Re-engagement has been welcomed but the exit from Afghanistan was a disaster. Analysts see much to do to rebuild US credibilityJoe Biden marked his first anniversary in office with a gaffe over Ukraine that undid weeks of disciplined messaging and diplomatic preparation.Russian ships, tanks and troops on the move to Ukraine as peace talks stallRead moreThe president’s suggestion that a “minor incursion” by Russia might split Nato over how to respond sent the White House into frantic damage limitation mode.Officials insisted Biden had been referring to cyber attacks and paramilitary activities and not Russian troops crossing the border. That failed to entirely calm nerves in Kyiv and other European capitals, especially as Biden also raised eyebrows by predicting that Vladimir Putin would “move in” to Ukraine because “he has to do something” and would probably prevail.The analysis of Nato’s weaknesses and Putin’s intentions was no doubt widely shared but Biden had said the quiet part loud, contradicting what his own officials had been saying. Jake Sullivan, the national security adviser, had just been telling Foreign Policy that one of the great successes of the Biden administration was that “the 30 allies of Nato [were] speaking with one voice in the Russia-Ukraine crisis”.Aides who have shadowed Biden through his long career as senator and vice-president are used to his prolix ways, his tendency to draw on his deep foreign policy expense to over-explain, but the stakes are immeasurably greater as a president, trying to stare down Putin as Europe stands on the threshold of war.The stumble distracted from some of the foreign policy achievements of Biden’s first year – the mending of transatlantic ties, the bolstering of US support for the embattled government in Kyiv and the development of a consistent policy towards Moscow – which combined a openness to talks with a readiness to inflict punitive measures and a refusal to be divided from Nato allies.None of those gains were a given in US foreign policy after four years of Donald Trump, a president who frequently put domestic political and business advantage ahead of strategic national interests, particularly when it came to Russia. Mending alliances, returning to multilateralism and restoring predictability to US policy after the volatile Trump era is widely regarded as Biden’s greatest success so far in foreign policy.His claim on taking office that “America is back” was backed up by a quick deal to extend the New Start treaty in Russia and thereby salvage the only major arms control agreement to survive Trump. The US rejoined the Paris climate accord and the United Nations Human Rights Council, re-engaged with major powers in nuclear talks with Iran, and convened a virtual Summit for Democracy in December.All those steps were in line with a broad strategy which Nathalie Tocci, director of the Rome-based Institute of International Affairs, describes as a Biden doctrine.“I think it’s a strategic reorientation towards competition/conflict with China and, the other side of that coin, strengthening relationships with partners in Europe and in Asia, both bilaterally and multilaterally,” Tocci said. “And relying less on the military instrument in order to pursue US foreign policy goals.”The Ukraine stumble was not the first time that strategy has been impaired by its execution. The withdrawal from Afghanistan was intended to be a decisive break with the past, extricating the US from its longest war so it could focus on its most important geopolitical challenge, the rapid rise of China.The departure turned to chaos when the Afghan army, which the US had spent $83m and 20 years trying to build, collapsed in a few days in the face of a Taliban offensive. The scenes of desperate Afghans trying to cling to departing US planes, some dying in the attempt, are an inescapable part of Biden’s legacy.Biden has argued he was boxed in by the Doha agreement the Trump administration signed with the Taliban in February 2020, under which the US was due to leave by May 2021. Biden was able to stretch that deadline by four months but maintained that staying any longer would have led to renewed attacks on US troops.Nathan Sales, an acting under secretary of state in the Trump administration, argued that the Doha deal was no longer binding on Biden, and he could have left a force to maintain US leverage.“When one side of an agreement breaches it serially and flagrantly like the Taliban did, I think the Biden administration would have been well within its rights to say: ‘We’re not bound by it either,’” said Sales, now a nonresident senior fellow at the Atlantic Council.Current US officials argue that whether the US declared the Taliban had been in violation or not, there would have been renewed attacks on US troops, forcing a decision to cut and run or send large-scale reinforcements. The status quo, they say, was not sustainable.Putin, a ‘rogue male’ on the rampage, threatens to start a war no one wants | Simon Tisdall Read moreEven considering the constraints imposed by the previous administration, the withdrawal was a fiasco. US planners failed to anticipate the speed of the collapse even though a government watchdog, the Special Inspector General for Afghanistan Reconstruction, had warned in 2021 that without US contractors to service planes and helicopters, the Afghan air force would no longer be able to function, depriving troops on the ground of a key advantage.For Afghans who worked with the US and its allies, and for the country’s women and girls, the departure seemed like a betrayal, raising a serious question mark over the administration’s claims to have restored human rights to the heart of US foreign policy.Its record in that regard was already mixed.On one hand, the administration had taken a firm stand against China’s mass persecution of Muslim Uyghurs, declaring it a genocide. Furthermore, the assembly of a coalition of some 130 countries to establish a global minimum tax was, according to Matt Duss, foreign affairs adviser to Senator Bernie Sanders, “a step toward addressing global economic inequality which is one of the drivers of conflict and authoritarianism”.“It’s an important first step and a courageous one,” Duss said. He also pointed to the sanctions against surveillance companies like the Israeli NSO group, whose software was used by authoritarian regimes to target dissidents.“​​That was a very consequential move, and there has been a massive pressure campaign trying to get them to roll it back, but they’ve stood firm,” he said.However, the steps taken against the Saudi monarchy for the heavy civilian toll from its air war in Yemen and the murder of Washington Post columnist Jamal Khashoggi felt well short of what human rights campaigners and progressive Democrats had hoped for. The Biden administration continued to sell Riyadh substantial quantities of advanced weaponry.“We’ve basically returned to the traditional US approach of supporting human rights in countries that don’t buy our weapons,” Duss said. “I very much hope that changes.”‘A lot of bad blood’Another way in which the manner of the US exit from Afghanistan undermined the administration’s wider objectives was by alienating European allies, who felt left out of a decision they were obliged to follow.“The pull-out really caused a lot of bad blood unnecessarily,” Elisabeth Braw, a senior fellow at the American Enterprise Institute, said. “You can call it the root cause of unhappiness within the alliance.”The formation in September of Aukus, a partnership with the UK and Australia to help the latter acquire nuclear-powered submarines, was another sweeping move in the pivot towards Asia.Confusion over UK claim that Putin plans coup in UkraineRead moreBut the protagonists had omitted to inform France, who discovered on the same day that their contract to sell Australia diesel submarines had been cancelled. Biden was forced to acknowledge the “clumsy” way it had been handled, and the rift clouded bilateral relations for months.Putin’s threat to Ukraine has helped rally the transatlantic alliance but as Biden revealed in his own public reflections, there are still serious divisions below the surface, limiting his room for manoeuvre.The president’s freedom of action on other global issues, like making progress in climate action or finding a nuclear compromise with Iran, will be hindered still further if Republicans gain control of Congress in this year’s midterm elections. In that case, the administration’s record until now, mixed as it is, may prove to be the high point of the Biden doctrine.TopicsJoe BidenBiden administrationUS foreign policyUS national securityUS militaryUS politicsUkrainefeaturesReuse this content More