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Can the Afghan economy be saved?

By Javid Ahmad and Louise Langeby

Whipsawed by a long-drawn U.S.-led military operation and a decade of erratic international economic assistance, Afghanistan is in shambles.  With economic development always considered secondary to security concerns, little has been done in the past decade to establish a sustainable Afghan economy. While the international community has tried to generate a steady flow of aid, the Afghan government is still unable to cater to the population's basic needs. Moreover, the little economy we have seen evolve in Afghanistan since 2001 is predominantly based on the international security presence. The bulk of Afghanistan's gross domestic product (GDP) stems from international aid, and the impending 2014 deadline for the withdrawal of international combat troops will be accompanied by a parallel reduction in aid money. Thus, as the tide of war recedes, a large chunk of the economy will also disappear, posing an increasing threat to stability. The country's current economic trajectory beyond 2014 is fraught with corruption and uncertainty.  However, despite the dire situation, Afghanistan's economic transition has received only minor policy attention, with the focus remaining on the ongoing security transition. Thus the question remains: How will Afghanistan sustain its economy beyond 2014?

The decrease in foreign assistance is like to cause today's economic bubble to burst, potentially plunging the country into an economic recession. And if the security environment further deteriorates, the country could face full economic collapse.  A financing gap of 25 percent of GDP by 2022 due to increased military and non-military spending by the Afghan government further puts Afghanistan's economic stability at risk. While the international donor community can help to prevent a total collapse of the economy by decreasing aid gradually, the key to a prosperous Afghanistan is to invest in the long-term economic advantages the country has to offer.

One such advantage may lie in Afghanistan's geographic location.  The New Silk Road strategy, often promoted by the United States, aims at linking Afghanistan with its South and Central Asian neighbors, transforming the country into a nucleus for regional trade. Focus should also be placed on rebuilding the oil and gas pipeline running from Turkmenistan through Afghanistan and on to Pakistan and India.  If done right, these initiatives might enable Afghanistan to attract increased foreign investment, connect the country to foreign markets, and promote growth, gradually reducing its dependence on foreign aid. However, the key to such a scenario lies in Afghanistan's relations with regional players, in particular Pakistan. Given its location, Pakistan is expected to serve as the main transit route for Afghan exports and access to the port cities of Gwadar and Karachi will remain crucial to Afghanistan's development. However, a volatile relationship with its eastern neighbor could mean a precarious dependency for Afghanistan.

Another potential economic trigger may be found in Afghanistan's untapped mineral reserves, ostensibly valued in the trillions of dollars. Based on cautiously optimistic assumptions by the World Bank, the iron ore project at Hajigak and copper mine at Aynak could deliver $2 to $3 billion to the extractive industry, with each deposit potentially generating over half a billion dollars in government revenue in just a few years. The mining industry may appear at first glance to be a potential panacea for the Afghan economy, but it will take decades before the country can reap the benefits of such a project. The Afghan mineral reserves require significant investments in infrastructure, and more importantly, effective and accountable governance that can efficiently and transparently manage revenues. Furthermore, in 2010, of the total $17 billion government expenditure, only $1.9 billion of the spending were drawn from Afghanistan's own sources of revenue; the rest: foreign assistance. Hence, besides the projected tax revenues and some foreign aid, even if mineral resources did manage to generate the estimated revenue, the Afghan budget would still face an annual deficit of $7 billion.

Rebuilding after more than a decade of conflict must also involve encouraging growth in Afghanistan's nascent private sector, a sector that has been stifled to some degree by the international donor presence. In a "donor drunk" economy, there are a large number of foreign, private NGOs, which dominate the private sector and make entry into it difficult for Afghan organizations. Although some of these private entities are effective development organizations at the grassroots level, many carry a negative perception among the Afghan people, who see the ubiquitous "briefcase NGOs" as money-making mechanisms for the people involved. Meanwhile, the influx of foreign money and employers has also artificially inflated labor costs for low-skilled workers over the past years, and has made Afghanistan an attractive venue for external laborers from neighboring countries such as Pakistan. However, as the flow of aid dwindles, those who have been paid hefty salaries over much of the past decade for low-skilled work for foreign entities may now prove more affordable to Afghan businesses, and will also open up more jobs for Afghan workers. While the initial transition phase from a military focused economy to a regular one will be difficult, it will leave room for a more long-term, sustainable economy to develop.

Regardless of Afghanistan's many potential sources of revenue, any real progress will be limited without the long-term support of the international community. While the West's future commitment to Afghanistan is vague at best, the increasing number of strategic partnerships with key allies signals a willingness by certain powers to remain involved in shaping Afghanistan's future beyond 2014. In the past week, Afghanistan has signed strategic partnership agreements with key European allies such as the UK, France, and Italy that ensure an enduring commitment and cooperation with Afghanistan in key areas, including economy, security, and governance. While only time will tell if the West really will stay committed to Afghanistan, this week's agreements are at least a step in the right direction.

Similarly, any future foreign aid funneled by the West to the Afghan government is effectively futile without properly addressing the raging corruption and lack of transparency and accountability in public finances. As the world's second most corrupt nation, any failure by the West and the Afghan government in tackling this menace in the so-called "transformation decade" would mean repeating and wasting yet another inefficient ten years of international assistance.

Today, as U.S. and NATO troops prepare to assume a lighter military presence, many Afghans fear a serious economic downturn when foreign aid and spending recede, leaving Afghanistan with little or nothing to fall back on. It is still uncertain if and how the Afghan government will function after 2014 without an open-ended $8 to $10 billion yearly commitment from the United States and Europe. However, responsibility for a stable and secure Afghanistan ultimately rests with the Afghans themselves, and there is still a sense of optimism among the Afghan people about the future of their country. The Afghan government, for its part, must foster transparency and accountability in public finances drawn from foreign aid, and work to cut leaks that enable corruption. If these reforms and the myriad of other challenges go unaddressed, the hard work and accomplishments of the past decade could easily unravel and ultimately lead to an even more troubled Afghanistan than we have seen in the past ten years.

Javid Ahmad, a native of Kabul, is Program Coordinator with the Asia Program of the German Marshall Fund of the United States in Washington, DC. Louise Langeby is a Program Associate with the German Marshall Fund of the United States in Brussels. The views reflected here are their own.

AREF YAQUBI/AFP/Getty Images

Afghanistan is ruled not by law, but by power and patronage. The absence of the rule of law fuels the country's savage insurgency. When citizens can't rely on the state to protect them against systemic abuses, then rebellion becomes a far more attractive option. Tragically, in Afghanistan the abusers, more often than not, are from the government itself - including ministers, governors, police chiefs and militia leaders.

It needn't be this way. If there is one policy reform that all the main actors in Afghanistan purport to agree on, it's the critical importance of building the rule of law. President's Karzai's speeches are liberally salted with promises to reform the legal system and tackle corruption. The Taliban understands that a key way to win Afghans' hearts and minds is to provide them with the justice they so desperately desire. It does so by setting up mobile courts, delivering a very rough and ready justice, but one that is often preferred to the arbitrary rule of local commanders. And Western governments have spent billions on rule of law reforms, with little tangible impact.

So with this apparent unanimity on the need for the rule of law, why in Afghanistan do the powerful continue to abuse the weak with near total impunity?

The answer is that the purported commitment is largely in name only. True rule of law requires laws that are public, clear, and apply equally to everyone. It needs government officials who accept that they are subject to the law. It requires reasonably fair, competent, and efficient courts, prosecutors and police who respect the presumption of innocence and due process. It needs judges who are reasonably independent and impartial, and have the confidence in their safety to properly perform their jobs.

But the reforms necessary to achieve all this present an existential threat to the power of the ruling elite in Afghanistan. Building the rule of law involves challenging vested interests at the highest levels of the government. It is far more a political exercise than a technical one. Many Afghan power holders -- from President Karzai downwards -- benefit from a patronage based system. It enables them to buy and maintain loyalty. Corruption is an integral part of such a system.

It's not just corruption that thrives in such an environment.  Equal treatment by the law requires that those who have committed atrocities against their people be held accountable for these crimes. Failure to do so promotes a climate in which the powerful continue to commit abuses with impunity. But in Afghanistan those responsible for grave human rights abuses continue to occupy positions of power. These include officials like Vice Presidents Mohammad Fahim and Karim Khalili, who face credible accusations of war crimes or crimes against humanity during the brutal civil war. They also include a generation of post-Taliban leaders -- such as the Minister of Tribal and Border Affairs, Asadullah Khaled, as well as powerful provincial governors allied to Western forces -- accused of serious human rights violations since 2001. A report soon to be released by the Afghan human rights commission -- if not blocked by the government -- will document many of the past crimes.

International intervention encouraged and promoted this impunity by returning to power warlords and commanders. Influential international actors continue to rely on alliances of convenience with these abusive power holders to promote perceived stabilization goals.

Meanwhile the Taliban also preys on the local population, and subjects those it is purporting to liberate from foreign occupation to horrendous abuses, including suicide bombings, assassinations and the use of civilians as human shields.

For Afghans, the tragic result is that today's reality is not much different from that of the last thirty years, and their lives are still dominated by powerful men with guns.

Achieving accountability is not a question of naïve aspiration: the culture of high-level impunity must be challenged, as failure to do so will undermine all other rule of law efforts and perpetuate an environment in which conflict will flourish. 

The culture will not change until some of those responsible for the worst abuses against the Afghan people are prosecuted. The best option would be for the government itself to pursue some of these abusers. This would increase its legitimacy in the eyes its people and would send a clear warning to those in authority and to those seeking to do deals with the government who believe they can continue to kill with impunity. It would also undermine one of the claimed attractions of the Taliban -- that it provides harsh, but fair, justice where none otherwise exists.

Unfortunately, there is no prospect of the government providing high-level justice. The Karzai administration has consistently opted for expediency over principle when it comes to accountability, most notably in enacting a law giving amnesty to former warlords. Most international actors have been largely silent on this law. In fact, it appears that a desire for a quick exit by NATO countries may have stifled all discussion of the critical need to link reconciliation with accountability and to tackle Afghanistan's longstanding culture of impunity.

But expediency will not promote stability, and a failure to build the rule of law will lead to more instability, not less. It will also ensure that Afghan power holders - government and Taliban alike - continue to commit abuses that shock the conscience of the international community and fuel the very instability that led, a decade ago, to such a costly international  intervention.

Nick Grono is the Deputy  President of the International Crisis Group.

Aref Karimi/AFP/Getty Images

King Karzai

By Jed Ober

In his recent address inaugurating the 16th session of Afghanistan's National Assembly, President Hamid Karzai rejected claims from some in the international community that constitutional change is necessary in Afghanistan and accused foreigners of treating Afghanistan like a "political lab." "Let me expressly and resolutely stress that we will never allow the perilous dream of trying another political experiment to turn into reality," asserted President Karzai. Mr. Karzai's position is unsurprising, considering the astonishing amount of authority the current constitution bestows on him. Paradoxically, this authority was originally granted to him partially with the support of the international community. Unless concerted steps are taken to raise awareness of the need for reform, Afghanistan's democratic development will continue to be stymied by the constitutionally-condoned actions of its modern-day monarch.

Not only does the constitution grant President Karzai extensive power, but he's consistently shown that he's not afraid to use it when things don't go his way. His recent decision to dismiss commissioners of Afghanistan's Independent Human Rights Commission (AIHRC) for considering publishing a report critical of its own government represents exhibit A. Among the dismissed were Nader Nadery, a now former commissioner and chairperson of the Free and Fair Election Foundation of Afghanistan, and Fahim Hakim, the former deputy chair of the commission and a former electoral complaints commissioner. Both are rare individuals in that they are respected civil society leaders with the trust of both the international community and their colleagues within Afghan civil society. Their dismissal was regrettable and the country is worse off as a result.

President Karzai's willingness to dismiss human rights whistle blowers is troubling in itself, but what's more problematic is the power granted to him to do so by the legal framework that was supposedly designed to support and protect Afghanistan's democracy. The framework that should provide the roots for Afghanistan's democracy to grow is instead fraught with so many deficiencies that it more frequently fails to protect citizen's democratic freedoms and human rights. The startling authority the laws grant President Karzai to unilaterally appoint the country's leadership prevents any meaningful check on executive authority from emerging and is perhaps the greatest challenge to Afghan democracy.

An examination of just some of these laws elucidates the situation. Article 7 of the Law on the Structure, Duties and Mandates of the Afghanistan Independent Human Rights Commission grants the president the right to appoint the commission's leadership independently, without the requirement for consultation with other Afghan officials or confirmation from other institutions. The leadership of the country's Independent Election Commission (IEC) is determined by virtually the same mechanism: the president decides who he wants responsible for the administration of the country's electoral processes and appoints those individuals, unilaterally. What makes the process for IEC appointments even more inconsistent with democratic principles is the fact that the law granting the president this authority was not passed through a legislative process, but rather through his own presidential decree (Presidential Decree No. 23). In addition, the Electoral Law grants the president sole authority to appoint all five commissioners of the Electoral Complaints Commission. Unsurprisingly, Afghanistan's current Electoral Law was passed by presidential decree.

The president's authority over appointments extends beyond these supposedly independent agencies, even to the country's other branches of government. Article 84 of the constitution grants the president authority to appoint one third of the upper house of the National Assembly, while the Provincial and District Councils are also each responsible for appointing one third of the body's members. But as District Councils have yet to be elected, the president has graciously assumed the responsibility to name its portion of representatives to the upper house. Thus, the president currently appoints two thirds of the upper house of parliament, the Meshrano Jirga (the house of the elders).

His authority over appointments is not restrained to the central government in Kabul. He is also responsible for the appointment of all provincial and district governors, an authority he claims through Article 64(13) of the constitution, which states that he is responsible for appointing "high ranking officials." He exercises this appointment authority through, you guessed it, presidential decree. Even Afghanistan's judiciary, which is surely meant to be independent, is subject to President Karzai's unilateral appointments, as the same constitutional provision (Article 64 (13)) grants him authority to appoint and dismiss all judges.

Just as problematic as the extensive authority the president wields to appoint the country's leadership is his willingness to legislate so frequently by presidential decree, an authority vested to him by Article 76 of the constitution. Rarely does he consult the National Assembly prior to issuing decrees and even more rarely does he submit his proposals to the scrutiny of the actual legislative process.

This is just a small snapshot of how flawed the democratic legal framework of Afghanistan is. Unfortunately, most in the international community have provided only token resistance to the president's abuse of executive authority and have too infrequently spoken out against the systematic flaws in Afghanistan's democracy. We should not expect a leader granted so much power under law not to use it. What we should expect, however, is a more genuine desire and serious effort to address the flaws in the legal framework of Afghanistan's democracy.

The process that led to the adoption of the current constitution reveals how so much power became vested in the executive. Initially, the draft constitution was to be prepared by a constitutional commission informed by a public consultation process. The commission prepared a draft that sought to ensure a system of checks and balances including the creation of a prime minister, who would share authority with the president, and an autonomous constitutional court. Prior to a December, 2003 constitutional Loya Jirga, the commission presented its draft to President Karzai whose team made several changes to the document to concentrate additional power in the executive branch. These changes included eliminating the post of prime minister and the constitutional court, and expanding the president's appointment and decree powers. The result was a constitution that ensured vast executive authority and failed to provide a framework for representative democratic governance and the protection of human rights. At the time, it was speculated that international actors supported President Karzai's amendments in hopes that a strong executive could prevent any potential short-term instability.  

Despite President Karzai's stated reluctance, reform is the only way to strengthen Afghanistan's democracy and provide for the defense of the human rights Afghans desire. Unfortunately, the issue of democratic reform is too often used as a bargaining chip for those issues the international community perceives as more critical to an expeditious transition to Afghan ownership over Afghan affairs. This flawed approach has resulted in a calamity of errors that Afghans will continue to pay for long after our departure from Afghanistan. The examples are abundant: the selection of the Single Non-transferable Voting system that ensures inadequate representation and stifles the development of political parties; the passing through presidential decree in 2010 of the country's current electoral law; and the apathy of the international community to Karzai's special electoral court during the most recent and controversial post-election process.

In its current form, Afghanistan's democracy is not sufficient to sustain peace. To prevent Afghanistan from collapsing upon such a weak foundation, concern for democratic strengthening must stand on equal footing with Taliban reconciliation and the development of capable and sustainable Afghan security forces. While the latter two issues are critically important for Afghans to reasonably assume more authority over their own affairs, the deficiencies in the legal foundations that determine the strength of the country's democracy and the nature of its system of governance can no longer be ignored. In order for reform to be possible, awareness must be raised among Afghanistan's citizens of the need for a more balanced political system. As one would expect, the issue resonates amongst current parliamentarians, many of whom were targeted by President Karzai and his special electoral court just months ago. With support from their constituents and genuine diplomatic interest, democratic reform is possible.

Democracy cannot succeed in any country where so much power rests in the hands of one individual. For democracy to succeed in Afghanistan, the legal framework must be reformed so that it no longer serves as a hindrance to the strengthening and protection of democratic institutions, but actually promotes democratic consolidation. If we in the international community are serious about a truly sustainable Afghan democracy, democratic reform must be elevated as a top diplomatic priority in both Kabul and Washington. It's time we acknowledge that Hamid Karzai is not Afghanistan's George Washington. If Afghans are to realize their dream of a truly democratic Afghanistan, it will not be with the good graces of their modern day monarch, but despite him.

Jed Ober is Director of Programs at Democracy International. The views expressed here are his own.

Sean Gallup/Getty Images

Imran Khan's New Pakistan

By Kiran Nazish

Cricketer-turned-politician Imran Khan is batting to strike out two major "conventional" political parties -- the leftist Pakistan People's Party and the conservative Pakistan Muslim League-Nawaz -- simultaneously. He talks about eradicating corruption, handling the grievances of the Baloch and the tribal areas, "friendliness" as the ultimate foreign policy, and his plans to combat four of Pakistan's biggest "emergencies" in 90 days, should his party, Tehreek-e Insaf, win Pakistan's general elections planned for 2013.

Massive public turnout at his rallies -- what he calls a "tsunami" of support -- has inspired self-doubt among other politicians who claim to have captured the hearts of Pakistani people. But Khan's critics are unforgiving; some call his approach radical, and others believe he is backed by the establishment, although Khan dismisses such claims. Kiran Nazish talked with Khan about his meteoric rise and his plans to achieve what he calls "the New Pakistan."

Kiran Nazish: You have been talking a lot about leading a civil disobedience movement, but it hasn't happened yet. Will it happen at all?

Imran Khan: We have thought many times [that we might] go for it, but we have been reluctant to initiate because we do not want to exaggerate the chaos that has already shaken Pakistan. There was a point when we used to discuss amongst ourselves, that we should really commence the movement, but we refrained because we knew that it would only worsen the situation for the common man. However, if we do see the state of governance in the current regime getting out of hand, we would have no other choice but to go for it.

If the current government does anything unconstitutional, my party will boycott that and protest that. I am and will stand against anybody who goes against the judiciary or does not respect the judiciary. Anyone includes everyone. These few thieves [the politicians] have looted billions from the poor nation, and to save their own wealth they are now after the only sovereign institution [the Supreme Court].

KN: You keep calling the current government corrupt, making aggressive statements regarding the government-Supreme Court rift. But this government got elected democratically. Isn't that like saying you are against the people's choice?

IK: If you read Condoleezza Rice's books, she has exhaustively explained how the U.S. worked with Benazir Bhutto and General [Pervez] Musharraf to form their own type of puppet government. Now this government is responsible for the deaths of thousands of civilians and soldiers who have been killed in [the war on terror].

With the extent of corruption that this government has been indulging in, it was inevitable that they had this clash with the Supreme Court. The day the Supreme Court had called the NRO [National Reconciliation Ordinance] government unconstitutional, it was decided right then that this government couldn't have survived a good relation with [the Supreme Court]. Sadly, we have had no genuine opposition in this country. [There might have been] an opposition within parliamentary members who could have stood up and questioned the government, but that did not happen. The government did not resign, and everyone else was busy trying to save democracy -- while of course the government was trying to save their corruption.

The Supreme Court of any state [is the institution that should have] the highest reliance and authority. Such an institution in a democratic state has no [ground for] military intervention and has the highest power to launch a control system for the corrupt actions, or a corrupt state. If and when any other democratic institution fails to perform, the Supreme Court can control them and make them accountable. No one can challenge the Supreme Court. Our government, on the other hand, is a corrupt government. I reject calling it a democratic state, it having laid its foundations on the basis of a corrupt engagement called the NRO.

KN: So how do you plan to protect the Supreme Court?

IK: Now the Supreme Court is openly attacked and insulted, which I hope you agree is not a democratic act. Should we let the corrupt government spoil the first independent chief justice in the Supreme Court? I don't think so. We will decide in our party central executive committee meeting soon when we will draft a plan and later present it. This presentation will have guidelines on how to protect the system and the judiciary from an imposed failure.

KN: How do you think this idea of civil disobedience can save democracy?

IK: There is just one thing that I suggest, a singular solution, which is something the Supreme Court has also suggested. And that is: go to the people -- which means, we should have free and fair elections, and let the people decide their true, democratic leader.

KN: What would you say about the "Memogate" crisis?

IK: If at any point the government fears military takeover, it should act with maturity not impunity. A democratic government needs to go to the people, not to outsiders. This happened twice in our country. In 1999, according to [counterterrorism expert and former CIA analyst] Bruce Riedel, [former Pakistan Prime Minister Nawaz] Sharif went to him and asked him to save him from the military. And now we have this memogate [with Adm. Mike Mullen and former Pakistani Ambassador to Washington Husain Haqqani].

A democratic government should never fear, and needs to take responsibility. I take responsibility! Whoever takes responsibility, it will be very difficult for them. When I take responsibility, I will need authority as well. If I don't get that authority, I will go back to the people. The people who elected me! I will never [put] a foreign agenda [ahead of] my own people. I will not go to the U.S. for help -- or anywhere else for that matter.

KN: Are you ready for the elections if they take place sooner?

IK: We are ready for elections anytime. Our entire party will be ready, whether the elections happen now or later. We have been talking about mid-term elections since the NRO cases came out in the open, and yet were dismissed in the Supreme Court by the government. But it seems that at that time the N-League [Nawaz Sharif's party] wanted to save the system. We have been ready, and now we think we should have early elections. We will reveal our action plan soon.

Whatever happens and whenever the elections take place, PTI [Pakistan Tehreek-e-Insaf] will sweep the elections. We can't be confident enough.

KN: You have been making too many promises. What would you do if you are unable to handle things, if and when you come into power?

IK: I am completely confident; I will not fail at anything. My party will not fail. I will change the entire system in 90 days. If the system is not corrected in 90 days, it will never be corrected at all.

I believe there is a proper way to handle every institution. The only way to run a government appropriately is when the institutions are strong and work under a system of accountability and in synchrony. We need to restore the institutions.

I have a well-thought-out plan to change the system in 90 days. When a country loses its ethical leadership, that is when its physical leadership takes over. This means if your democratic government fails, your army will take over. We need to ensure that point doesn't come. And I take that responsibility.

KN: What role do you want to give to the army? How much intervention will you allow?

IK: In a democratic government, the power is held by the state head. Every policy is supposed to be made by the government and not the army. Foreign policy is the job of the democratic government and not the army. Why is the army controlling the war on terror? I will never understand.

I am against military takeover or any sort of military intervention, to any extent at all, in any capacity at all. Pakistan needs democracy and public political participation without any sort or form of authoritative control.

It's the responsibility of the civilian government to take control of state matters, especially those which have to do with state's sovereignty. I don't think I will be so lousy that the army would have to make my decision[s].

KN: And how would your civil military policy balance out?

IK: No aid, proper taxation, and proper division of resources are my major strategies to balance out the whole system. We can't free the people until we give them what they want. We need to identify the needs of this country and focus on that. Why would the military intervene if the democratic government is operating in harmony and giving the people what they want? My goal is to bring that harmony. Everything else will fall into place on its own.

KN: What's your policy on the U.S.?

IK: Friendly! Look, we don't want to make any enemies. My nation and my people is my priority. I will do whatever is my people's priority. The war on terror was fought for dollars, and do you see what lesson we learn from it? The lesson is, to not fight the war for dollars. The lesson is, to not disadvantage your own people, to feed your government. We don't want dollars if they will overshadow our people's interest.

KN: What's your policy on Israel?

IK: Pakistan's founding father, Muhammad Ali Jinnah, wrote a letter to Harry S. Truman talking about the injustices done to the people. Every Pakistani stands by that letter. We stand by the one simple fact that Palestinians should be given their homeland. PTI is not against any people, we are with the people. We believe in human rights, and that is our ultimate stance.

KN: What's your policy on the India-Kashmir conflict?

IK: We will definitely try to work our way around our relationship with India. India is indeed our closest and most familiar neighbor. We would love to improve trade and other interactions.

The only problem with India is that there has to be a road map. Once we figure that out, we will know how to go about it too. We will try to work on the Kashmir issue with whatever mutuality allows us to. But it is very important to note that we cannot ignore Kashmir. Or else, if another Mumbai happens, we will be back to square one.

KN: How do you plan to deal with the militants or Jihadis?

IK: We have learned that proxy policies don't work. To keep militant groups is not the idea we should follow and is certainly not the strategy I support or will follow. In Karachi when the Supreme Court did the hearing, they found out the three major parties had hired militant groups to escalate their fights. We can't let such things happen. People get hurt.

We need to do a truth and reconciliation strategy in the tribal areas. Why should we keep fighting? Wars don't achieve anything. We are having a dialogue as we speak. Americans are having a dialogue, and we need to do this too. So far, since the dialogue has been initiated by the U.S. and ourselves, haven't you noticed how militancy and bombing has come down significantly?

KN: You have conducted dharnas (sit-in boycotts) against drone strikes, and protested against the government's act of carrying them out. But the U.S. and Pakistan governments say that they are efficient in targeting the Taliban.

IK: Drones can never be good. Like I said, war is never good for people. Give me one example of war that has reconciled a nation or brought peace. There is no possibility that drones can help these people. What kind of country or nation gives permission to another country to have drones attacks within their country. What kind of country takes money to kill their own wives and children? This is a corrupt government with greedy leadership, and drones for them is a mere barter for dollars and luxury. Therefore, it supports these drones. An honest government should think about the people. If this government had any honesty, it would have come up with alternative strategies.

KN: What's your vision for Pakistan?

IK: First, we need to understand what kind of country we want. Pakistan should be an Islamic Republic of Pakistan, which should follow the Objectives Resolution, something every political party of the country has endorsed, at all times: the ideology of the Quaid [Muhammad Ali Jinnah] -- who is my greatest inspiration -- and the ideology of Iqbal when he spoke about spiritual democracy. No one must bow down to anyone who speaks against the interest of the people.

We will declare four major emergencies. First and foremost, the education system.. There must be one core system of education, with a singular syllabus. A proper syllabus committee will be established. It will be ensured that there are equal opportunities for everyone and equal competition for everyone. Equip the people with a technical education.

Nothing can be done if there is [no] rule of law. We will also strengthen the judiciary and the police system. We will de-politicize the police, step out of the war on terror, and invest [our] time and resources on internal system cleansing. Revenue collection is next. We need to establish [a better] tax culture and eradicate contamination in tax distribution. And the most important agenda is to control corruption. Conflict of interest law will be established. This all needs to be done in 90 days. If you cannot do it in 90 days, the corrupt system will come back.

KN: How will you change Pakistan in 90 days, when the environment is conducive to the contrary of your agenda of filtration and cleansing?

IK: We need to create good governance and an enabling environment for good people who want to work. I will work towards attracting overseas Pakistanis and make it feasible for them to work here. Once that environment is created, recovery will automatically be on its way. 

We will support professional politicians who will be ready to make sacrifices and compromises to take politics seriously. There is no room for opportunity seekers and no room for corruption and the corrupt. I will support and invest in the process of strengthening the NAB [National Accountability Bureau]. I will ensure the judiciary is strong. 

KN: Your critics find it amusing that you talk about asset declaration while there is a bandwagon of politicians joining your party simultaneously -- many of whom you have criticized in the past. How do you justify that when you talk about accountability?

IK: I'm not going to be hijacked by a few people. When someone joins PTI, the first step for them is to declare their assets. If they default, they are held by our accountability committee. The corrupt system has to change. I believe that if you cannot do it in 90 days, you will never be able to do it. It's basically the question of who has the will. It's not what we have to do; it's who wants to do it.

KN: People of the Federally Administered Tribal Areas [FATA] and Balochistan have been secluded by the state for six decades. You say you plan to accommodate them. How would you do that, given their hostility?

IK: We will have a completely new relationship with the people of FATA and Balochistan and Gilgit. We will sit with them. We will mutually explore which laws they want to keep. We will try to develop mutual understanding on every matter that concerns them. A PTI government will execute massive development in FATA and Balochistan. We will try our best to ensure that the grievances of the people, of the common man, in any area, from any background, are not ignored. We will engage with every single Pakistani and ensure everyone gets their basic rights. Their right for food, employment, education, equity, and human rights. And we will do all this by good governance.

The way Pakistan is run should be changed, that's what I mean by a New Pakistan.

Kiran Nazish is a journalist, activist, and academic based in Pakistan. She can be followed on Twitter @kirannazish.

ASIF HASSAN/AFP/Getty Images

Point and shoot elections

By Michael Callen, James Long and Mohammad Isaqzadeh

Members of the international community met this past week in Bonn, Germany to discuss Afghanistan's future in the shadow of a NATO withdrawal oftroops. At the conference, key policymakers, from the United States to Afghan PresidentHamid Karzai, expressed the consensus that corruption is one of the biggest stumbling blocks to efforts at rebuilding and stabilizingthe country.

In a time of belt-tightening in aid budgets in the United States and Europe, andweariness at a lack of significant progress in Afghanistan's corruption outlook,donors may prove less and less willing to provide development assistance thatis then lost to graft. Similar to post-conflict and poor countries elsewhere,Afghanistan's government agencies lack accountability. Service delivery can beseverely compromised because of graft, in turn fueling mistrust of thegovernment.

Another example of malfeasance is the widespreadelection fraud perpetrated during the 2010 election for the Wolesi Jirga,Afghanistan's lower house of parliament. The voting itself and the subsequent dubious adjudication process provide a stark illustration of howcorruption can destabilize political institutions. The Afghan Electoral ComplaintsCommittee (ECC) had to delay the induction of parliament after adjudicatingnearly 6,000 allegations of malfeasance. Nine members have lost their seats evenafter serving for nearly a year.

With an eye towards understanding howinstitutions like the Wolesi Jirga could be strengthened through cleanerelections, we developed and evaluated a new approach to policing electoralcorruption for the 2010 races. It involves the implementation of a photo "quickcount" of election results. Specifically, we took photographs of tally sheetsfrom polling stations right after voting concluded, and compared them to whatshould be carbon copies of tallies from the same polling stations later in theaggregation process. We then took differences in results for specificcandidates as evidence of rigging. We implemented our project with funding fromthe newly established Development Innovation Ventures (DIV) at the United States Agency forInternational Development (USAID), a unit that embodies the organization'srenewed enthusiasm for improving development through rigorousevaluation procedures.We partnered with Democracy International (DI), the largest internationalorganization monitoring elections in Afghanistan.

To evaluate the effectiveness of thistechnology, we randomly announced monitoring in about half of a sample of 471polling centers. This sample spanned 19 of the 34 provincial centers in allregions of Afghanistan and was drawn from a universe of 5,897 polling centersscheduled to open on election day. We deployed a team of Afghan researchersthat delivered letters to polling center managers during voting on election day,announcing that the team would return the following day to photograph thetallies; teams visited the other polling centers without providing any priorwarning.

Through a comparison of these"treatment" polling centers and the "control" centers that were unaware thatour researchers would photograph results, we found that our program worked insignificant ways to decrease electoral corruption. Specifically, the monitoringprogram reduced vote counts by 25 percent for the candidate our team deemed mostlikely to rig the vote (generally the candidate with strongest links toofficials in the Election Commission or President Karzai, and those with ahistory of working in the government) and reduced the theft of vote tallies andother election materials by about 60 percent. In the study,we also found that candidates react to undermine the effort, and that they doso in a way that is predictable based on their connections to officials in theelection commission.  Specifically,candidates with a connection to the Provincial Elections Officer moved theirfraudulent activity in the direction of manipulating the returns form inpolling centers that did not receive a letter. By contrast, candidates lackingthis connection committed fraud by altering the count before the form wasposted.

We assessed the effect of the programusing a Randomized Control Trial (RCT), the most robust form of programevaluation. In a RCT, researchers estimate the effect of a program on keyoutcomes of interest (in our case, election fraud) by first identifying apopulation of potential beneficiaries and then randomly assigning the programto a subset (usually half). The half receiving the program are "treatments" andthe remaining half are "controls."  Themethod is therefore a straightforward adaptation of the approach used inmedical drug trials, only applied to questions of governance and institutions.A comparison of outcomes in the "treatments" and "controls" metes outeverything else that was going on in parallel with the program. For example,because we randomly assigned "treatments," we did not need to worry aboutwhether international monitors might be creating the change that we attributedto photo quick count. Additionally, one might worry that the effect we documentedis due to a selection of polling centers where fraud was less likely. But oneof the core strengths of RCTs is the ability to remove such a "selection bias"from our estimates of program effect. Because polling centers were selected bya random number generator, we can summarily rule out this concern.

We draw three important lessons from ourstudy. First, these results provide a convincing proof of concept that theapplication of new technologies can improve the fairness of elections and helpbattle corruption. In Afghanistan, we implemented the program using simpledigital cameras. In February of 2011 we replicated the experiment in Ugandausing smart phones and an application developed by Qualcomm to similar effect. Ultimately, webelieve this approach can be implemented via crowd-sourcing (essentiallyencouraging average people to document the process, as cell phones and evensmart phones become more accessible in the developing world), which woulddramatically reduce costs and increase coverage as citizens mobilize to policeelections.  

Second, while corrupt candidates surely willdevelop their own innovations to undermine fair electoral processes, making theaggregation process impermeable will greatly increase the difficulty of theirtask. If the election returns form posted at the polling center must match thereturns form that enters the official count in the capital, a major avenue offraud is shut off to candidates. More generally, we need to worry more aboutconnections between candidates and officials at the lower and middle echelonsof election commissions. Such officials can use their position and influenceover the aggregation and vote-counting process to dramatic effect. Reflectingthis, known affiliates of candidates should not be allowed to staff thecommission. Similarly, punishments for using such positions to favor a givencandidate should be serious, and these officials should be monitored. While a variety of evidence demonstrates corruption in Afghanistan'selectoral commission, the country is not unique in this regard -- mostdemocratizing countries fail to establish truly independent election managementbodies and suffer fraud as a result.

Last, and most importantly, we only havescientific evidence of the effectiveness of a small numberof democracy assistance strategies. This is an area ripefor experimentation,which we encourage the international policy community to take seriously becauseof its clear importance for stability and welfare in fragile states likeAfghanistan. While clean elections will not solve all of the country's problems,helping to reduce corruption and strengthen confidence in institutions like theWolesi Jirga will pay important dividends as foreign donors exert less and lessinfluence over Afghanistan's future, and Afghanistan must take moreresponsibility for its own future.

MichaelCallen is a post-doctoralresearcher at the Institute on Global Conflict andCooperation at the University of California, San Diego.  James Long is a doctoral candidate in political scienceat the Department of Political Science, University of California, San Diego. Mohammad Isaqzadeh is an assistant professor of politicalscience at the American University Afghanistan, and provided researchassistance for the study.

BEHROUZ MEHRI/AFP/Getty Images

Actions speak louder than words

By Colonel Mark Fields

At the International Afghanistan Conference in Bonn, Germanylast week, 85 countries affirmed their commitment to Afghanistan for the decadefollowing the 2014 transition, and highlighted gains over the past 10 years inthe areas of security, women's rights and the capacity of governmentinstitutions. They also acknowledged the reversible nature of this progress, aswell as the significant work left to be accomplished. Previousdiscussions on Afghanistanwithin the international community have exclusively addressed the transitionperiod between now and 2014. This conference introduced the concept of a muchneeded blueprint for the years following the transition: the "transformation decade"of 2015-2024. This blueprint details two initial milestones: the May 2012 NATOsummit in Chicago, where an announcement is anticipated regarding long-term AfghanNational Security Force funding (ANSF), and a July 2012 conference in Japan, wheremore details regarding international economic support will be announced. Thoughthe December 5 Bonn conference, eclipsed in part by Pakistan'slast minute withdrawal, fell short of announcing major breakthroughs in thepeace process (against high expectationscreated by Bonn 2001), it was an important first step in acknowledging themagnitude of the task that remains unfinished. Now that we have affirmed our longterm commitment in spirit, tangible demonstrations are essential in order tobuild momentum and avoid the perception of empty promises. The internationalcommunity and Afghanistanshould proceed to the next step of defining the first concrete details in theblueprint's foundation. 

As the 2011 Bonn conferenceconclusions stated, "this renewed partnership between Afghanistan and theInternational Community entails firm mutual commitments in the areas ofgovernance, security, the peace process, economic and social development andregional cooperation." The United States should demonstrate this long-termcommitment to Afghanistan in the form of a formal strategic partnershipendorsed by both nations and announced as soon as possible.  It should reflect planned troop reductions (33,000by the end of summer 2012), but maintain U.S. advisory and counterterrorismcapabilities beyond 2014, through the next Afghan political administration in2019. This force would sustain the tempo of counterterrorist operations andprovide professional advice and enablers to the Afghan army and police. Itshould number 10,000 to 25,000 personnel and could be reduced as the ANSFdemonstrate their post-transition competence through the 2014 elections andinto the next political administration. U.S. personnel numbers could alsobe reduced by coalition contributions. Counterterrorist operations should focuson al-Qaeda's attempts to relocate in remote areas of Afghanistan, aswell as target the leadership of insurgent groups who refuse to reconcile andcontinue to challenge the stability of the government. Advisory and enablingforces should focus on the professional development and training of the Afghanarmy and police, as well as their effective performance in the field. 

Secretary of State Hillary Clinton,in her openingremarks at Bonn stated: "...the United Statesis prepared to stand with the Afghan people, but Afghans themselves must alsomeet the commitments they have made, and we look forward to working with themto embrace reform, lead their own defense, and strengthen their democracy."Afghans should consider improving their government by empoweringprovincial-level authorities and reducing corruption. Both measures areessential to the condition-setting that must take place prior to seriousnegotiations with insurgents. Each province should be granted the right toselect its own governor and to employ independent fiscal, legislative, andconflict resolution powers. Provincial government employees should be hiredfrom within the province and should answer to provincial leaders. Internationalfinancial aid for projects like medical clinics, roads, schools and electricityshould be funneled directly to the provinces in order to create rapid publicsupport. These measures, over time, would bring the power and resources of thegovernment to parts of the country where Kabul'sleadership is viewed as corrupt and incompetent as a result of nepotism,cronyism and its management of funds.  Atthe same time, anti-corruption efforts from within the government must beintensified. Afghans should enact laws consistent with The Afghan NationalAnti-Corruption Strategy.  Continuedcoalition and international assistance through this decade in the form ofadvice, investigation, and prosecution is essential. More effective localgovernance and courts would also serve to undermine the appeal of localconflict resolution currently offered by insurgents.

Some reforms empowering provincialand district governance have already been planned. In the spring of 2010, theAfghan Government's Independent Directorate of Local Governance published its Sub-nationalGovernance Policy. This policy is comprehensive and, if resourced,supported, and given time, would significantly enhance the contribution oflocal government to Afghan quality of life. This will take time and require thecontinued commitment of the UnitedStates and the coalition to educate Afghancivil servants. This policy appropriately calls for and schedules elections ofprovincial, district, and village councils and should be modified toincorporate the election of provincial and district governors. Should Afghansdesire these measures, the constitution would have to be modified through theassembly of a constitutional loya jirga. This initiative could be a part of Afghanistan'snational dialogue in the run-up to the 2014 election and perhaps lead to apost-election loya jirga. 

Without U.S.and international commitment through the end of this decade, Afghanistan will likely fall backinto the civil war it experienced in the early 1990s. As fighting spreads, India and Pakistan will back their Afghanproxies and the conflict could intensify. This situation would not only createopportunities for safe haven for extremists, but also invite a confrontationbetween adversarial and nuclear-armed states. The potential for such an outcomeruns counter to U.S.and coalition interests.

Bonn 2001 began a journey toward Afghanistan'sstability and representative government that has demanded great sacrifice byAfghans, Americans, and other members of the coalition. Bonn 2011 continues thejourney and acknowledges the requirement for long term international commitmentand Afghan resolve. The journey has come far from its humble beginning, butrequires sustained international support and American leadership to remain oncourse.

COL Mark Fields is aMilitary Fellow at the Center for Strategic Research, part of National DefenseUniversity's Institute for National Strategic Studies.  He has served in Afghanistan and is theauthor of "AReview of the 2001 Bonn Conference and Application to the Road Ahead inAfghanistan." The views expressed are his alone, and do not necessarilyrepresent those of National Defense University, the Department of Defense, orthe U.S. Government.

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Much ado about nothing

By Khalid Mafton

A decade after the first international conference on Afghanistan at Bonn, Germany is hosting a follow-up conference on Monday, widely known as Bonn II. The first Bonn Conference prepared a framework for the newly established Afghan administration and picked Hamid Karzai to lead the interim administration. In 2004 and again in 2009, Karzai was elected President of the country.

As always with this war-torn region, there are voices expressing optimism and others expressing pessimism regarding what can be expected of the conference. The recent NATO air strike along the Afghanistan-Pakistan border has certainly contributed to the voices of pessimism. Islamabad has declared that it will boycott the conference as a protest to what they're calling the "unprovoked" NATO bombing that killed 24 Pakistani soldiers. Although there's been no change in that official decision, sources have said that Pakistan's Ambassador in Germany will likely attend.

Pakistan's rigid stance against participating in the Bonn conference conveys a clear, but dangerous message -- that it has no desire to bring stability to Afghanistan.

The conference is expected to focus on three main areas: the transfer of security responsibilities to the Afghan government by 2014, the long-term commitment by the international community to Afghanistan beyond the 2014, and the future political stability of the country.

Ashraf Haidari, Deputy Assistant National Security Advisor for Afghanistan was also eager to remind me, "Ten years have passed since the first historic Bonn Conference that helped chart a political road-map for creating the institutions of a permanent democratic government [in Afghanistan]. That central objective of the first Bonn Conference, along with its other major goals, has been achieved. But our collective efforts to secure the future of Afghanistan are still a work in progress."

Haidari then drove his point home. "The main objective of this second Bonn Conference is for the international community and the government of Afghanistan to re-affirm our shared commitment to a solid, long-term partnership beyond 2014. Such partnership must credibly assure the Afghan people that our country will not be abandoned again. Afghanistan's enemies must understand that our nation-partners will continue their solidarity and support with and for the Afghan people, until Afghanistan is no longer vulnerable to security threats from the same state and non-state actors which once undermined international peace and security -- as we experienced in the unchecked events of the 1990s that led to the tragedy of 9/11."

Afghan women's rights activist Najla Ayubi has a decidedly more negative view of what the upcoming conference can accomplish. "It is one of several unproductive, symbolic conferences to be held on Afghanistan. Decisions have already been made. Several international conferences were held in the past ten years, none had tangible and effective outcomes for Afghans -- this one is not an exception. The Afghan people at large are the victim of regional and international politics. The current Afghan government could not effectively use the previous opportunities opened for Afghanistan and will not be able to appropriately use the new opportunity."

She went on to say, "Afghans suffer from unconstitutional acts, systemic corruption, human rights violations, increasing insecurity, poppy boom, extreme poverty, and more." To address these issues, Ayubi suggests, "If the current Afghan administration has any wish to be honest with its people -- which I doubt -- it is time for the Afghan authorities to admit their past mistakes and open the door for a holistic approach to overcome the contemporary challenges facing the country, which include increasing insecurity and systemic corruption."

Like Ayubi, Vahid Mojdeh, political analyst and former member of the Taliban's foreign ministry staff, also voiced pessimism about what the conference can achieve. But Mojdeh is pessimistic for different reasons.  He argues that the first Bonn Conference, lacking the presence of the Taliban and not well represented ethnically, triggered the current chaos and insecurity in the country. And he insists that, "the Second Bonn Conference suffers from similar shortcomings." In addition, Pakistan has boycotted the conference, which will potentially prevent the outcomes of the meeting from being implemented.

Asadullah Walwalji, an Afghan writer and analyst told me that the "absence of Pakistan in such a conference means that decisions made there, will not be implemented; i.e. Islamabad will continue to play its destructive and sabotaging role in Afghanistan."

Sayed Zaman Hashemi, an Afghan political analyst, has a different view about the conference. "I think the first Bonn Conference was to fight terrorism, establish a democratic system, and rebuild Afghanistan. Considering the recession and pressure from the public in those countries, the sSecond Bonn Conference, indeed, is an exit conference and end point to an active presence of the West in Afghanistan. The reasons behind such an exit are clear: systemic corruption within the Afghan administration and the (fact that the) Afghan government has practically changed democracy to demagogy - both of which are unacceptable for the West."

The sSecond Bonn Conference is taking place at a time when the Afghan government is seeking to sign a binding strategic partnership agreement with the United States, while -- according to the Afghan government -- the United States insists on signing a nonbinding declaration. Before signing the strategic agreement, the Afghan government has set a precondition that U.S. forces stop carrying out night raids on Afghan homes. The U.S. and NATO have long considered night raids one of the most effective ways to fight insurgency in Afghanistan. The Afghan government is also insisting that the U.S. hand over those prisoners dwelling under the custody of the U.S. troops in Afghanistan.

Some Afghan analysts, however, believe that the Afghan government should be more cautious in this regard. "The Afghan people are in need of cooperation by a superpower like the U.S. The Afghan government should not be so insistent regarding its conditions to the U.S. They both had better come to a mutually acceptable agreement that will potentially benefit both countries." states Ayubi.

Helaluddin Helal, a former Afghanistan Deputy Interior Minister, also believes that the Afghan government should not insist on its position. "At this stage, the Afghan security forces are not acquainted with modern military tools. Considering the effectiveness of night raids and the inabilities of the Afghan security forces, how can the government take a leading role in night raids?" Helal asks, arguing that Afghan troops need more time to be trained in order to lead the assaults. In addition, Helal argues that most Afghan security forces are affiliated with different ethnic allegiances and that in the near term, it will be impossible for them to rise above those allegiances in order to align themselves with the national interest.

Equally important, Helal says, the Afghan security forces are unable to take over responsibility for detainees being held at U.S. facilities in Afghanistan. Two prison breaks in Kandahar, in which hundreds of mostly Taliban prisoners managed to escape, exemplify the incompetence of Afghan forces. Helal predicts that a strategic partnership between the two countries will be signed, but that it will take time.

Considering the acute political, security, and economic situation in Afghanistan and proven incompetence of the Afghan government to use international aid effectively, systematically fight corruption, ensure security, prevent poppy cultivation, provide a better living standard for Afghans, and establish an administration based on the values of good governance, it seems likely that the second Bonn Conference will fail to establish a more durable order. Unless the international community puts increasing pressure on the Afghan government to fight corruption and provide better services for the Afghan people, the insurgents will gain strength, more people will join hands with the Taliban, security will deteriorate, and both the Afghan people and the international community will suffer the consequences.

However, something the conference can accomplish is providing the international community with the opportunity to convey its clear message that Afghanistan will not be abandoned again, and that Pakistan will not be given another chance to set Afghanistan's course, as it did during the Taliban's time in power.

Khalid Mafton is an Afghan writer and analyst.

PATRIK STOLLARZ/AFP/Getty Images

In less than a month, world leaders will once again convene in Bonn, Germany to lay out a roadmap for Afghanistan's fledgling democracy and its future beyond 2014. Chaired by the Afghan government, "Bonn+10," as it is now known, is expected to include representatives from dozens of countries and international organizations. It aims to devise an effective plan for the ongoing security transition to Afghan control, accelerate the contentious Afghan reconciliation process, and delineate long-term regional and international engagement of Afghanistan beyond 2014.

In anticipation of the meeting, the second phase of shifting security responsibilities to Afghan security forces was decided upon at an international conference in Istanbul on November 2. The Afghan government and twelve regional countries signed the Istanbul Declaration whereby the leaders of those countries, including Pakistan, India, China, Iran, Russia and some Central Asian Republics, expressed their support for Afghanistan and committed to cooperate in the Afghan reconciliation process and combat terrorism and insurgency. However, many Afghans view these developments with skepticism. They worry about the country's uncertain future as the U.S.-led coalition prepares to withdraw some troops and move the remainder into support roles ahead of the 2014 deadline. These fears are even more intense within Afghan civil society, excluded from both the upcoming gathering and the ongoing Afghan peace talks.

Many Afghans believe that another major conference alone will not serve as a panacea, or bring any tangible solutions to their problems, especially when President Hamid Karzai will select most of the participants with only nominal civil society representation, including NGOs and traditional local and tribal leaders. Such concerns were further escalated after Karzai asked to convene a traditional Loya Jirga (grand assembly) that would guarantee the primacy of his inner clique in the gathering, and hence a continuation of the present dysfunctional political system. The five-day Loya Jirga is scheduled to begin in Kabul on November 16, and will bring together around 2,000 influential Afghan political figures, warlords, former anti-Soviet mujahideen and jihadi leaders, local and tribal leaders, and civil society representatives to discuss the upcoming conference and the much-anticipated U.S.-Afghan Strategic Partnership. These doubts were intensified most recently when the Taliban published a 27-page document it claimed to be the official security plan for the so-called "slave jirga." If the document is proven to be authentic, it would represent a clear blow to the Afghan government, particularly the security apparatus, and would show the Taliban's ability to infiltrate even the most highly secured areas of government. The jirga's promise appeared further threatened when key Afghan opposition figures, including Abdullah Abdullah called it "illegal" and "unconstitutional," and said he will not partake.

Additionally, concerns abound across Afghanistan that President Karzai may abuse his executive powers to alter the Afghan Constitution and remain in office after ending his current term in 2014, despite his recent statements to the contrary. This potential move by Karzai is widely seen and construed, mostly by members of Afghanistan's United National Front, as a safeguard of his power in the case of waning support in his native south or a political gridlock in Kabul.

The escalation of violence over the past few months has further magnified some Afghans' doubts about the U.S. strategy of trying to reconcile with the Taliban. Many Afghans are concerned that next month's conference may well set in motion ten years or more of yet another dysfunctional and corrupt governance for Afghanistan and that planning for the future will be pointless and trivial without security and stability on the ground. However, others fear that "Bonn+10" will fail to bring any tangible change to Afghanistan because the focus of the meeting will not be on reconciling with the Taliban. Many Afghans, as well as non-Afghans, think it was a mistake to exclude representatives of armed insurgent groups, including the Taliban, from the last Bonn meeting in 2001, ignoring even those who reconciled, and that the likely reoccurrence next month will inexorably mean failure for the conference. They believe the Taliban's exclusion from the conference means the meeting will be merely for show and not for a political settlement. Worse still, the Taliban's exclusion may well result in their challenging the outcomes of the conference just as they did after the first Bonn meeting in 2001.

The various Bonn participants have expressed divergent views on the Taliban's presence at the upcoming conference. President Karzai has repeatedly stated that he will not participate in the meeting without the Taliban, and the United States and its NATO allies appear to have left the decision up to the Afghan government. However, the U.S. envoy in Kabul, Ryan Crocker, has categorically stated that there is no chance for the Taliban to participate in the conference. While the Taliban has rejected nearly every attempted negotiation, operating with such lack of coordination, transparency and leadership on an issue of national and international priority sends mixed and confusing messages to the Taliban leadership.  This lack of unified voice has further complicated the already fragile peace process.

There are many contradictory views and misconceptions about the reconciliation process, and whether and to what degree to engage the Taliban as the United States assumes a non-combat and/or support role. While Afghanistan's reconciliation and reintegration process, ostensibly led by the High Peace Council, provides an official address for peace talks, it lacks the inclusiveness and national support necessary for successful implementation. The High Peace Council has become a talk show of incompetent representatives picked personally by President Karzai and has been largely unsuccessful in addressing the fears of most Afghans. While the reconciliation process is meant to achieve a timely and constructive peace deal with the Taliban, it also plays a crucial role in the transition process and supports the responsibility of both Afghan security forces and leadership. Afghanistan's current transition process is designed to produce better governance, catalyze economic development, and institutionalize the rule of law ahead of the 2014 U.S. withdrawal deadline. If the reconciliation with the Taliban does not materialize or fails, there will be no successful security transition.

Another impediment and an apparent challenge to the peace talks at Bonn next month is the realignment of anti-Taliban constituencies in the north of Afghanistan. This opposition includes primarily non-Pashtuns - Tajiks, Uzbeks, and Hazaras - who all fought against the Taliban under the umbrella of the Northern Alliance in the 1990s. Vigorous critics of both President Karzai and the Taliban, these elements believe they have the most to lose from any negotiated peace deal and strongly oppose any talks with the Taliban. It is widely believed that these groups will put together a unified voice to oppose and challenge the current reconciliation process in next month's conference. This belief was solidified last Friday after the former Afghan Vice President Ahmad Zia Massoud - a younger brother of the late anti-Soviet and anti-Taliban resistance leader Ahmad Shah Massoud - announced the formation a new political movement known as Jabha-e Milli-e Afghanistan (the National Front of Afghanistan). The movement that includes several key leaders of different minority groups has already taken a potent stance against the current Afghan government by denouncing and boycotting the upcoming Jirga.   

Many Afghans also doubt that the conference can elicit increased or perhaps "sincere" regional support and commitment from neighboring countries. While the 2001 Bonn conference was successful in bringing together a large alliance and laying out a plan and groundwork for a peaceful and stable Afghanistan, one of the mistakes it made was ignoring regional countries and not curtailing their interference in Afghanistan. This gave Pakistan (and other external elements) a free hand to continue covertly supporting and providing sanctuary to subversive groups, including the Taliban and the Haqqani Network in Afghanistan, resulting in the killing of many Afghan, American and NATO soldiers. The Bonn conference next month is a good opportunity to garner and ensure such kinds of regional pledges and commitments with sticks and carrots.  

In light of the difficulties and looming uncertainties ahead, it is unclear whether another Bonn conference will help Afghanistan positively shape its future. While there is no silver bullet for Afghanistan's ills, next month's meeting will at least provide an opportunity for the United States and NATO to lay out a functional roadmap ahead of and beyond 2014 for a successful political, security and economic transition, good governance, peace and reconciliation, and rule of law. There is also still time to ensure that the conference is truly representative of all Afghans, including different ethnic and social groups, to decide their uncertain future. It is equally important for Bonn+10 to ensure an authentic political will and sincere commitment to peace building in Afghanistan, and for Afghans to constructively engage in nation building process in the years to come.

Javid Ahmad, a native of Kabul, is Program Coordinator with the Asia Program of the German Marshall Fund of the United States in Washington, DC.

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Countries that have experienced decades of conflict and political turmoil, and have historically featured persistent executive-judicial disputes tend to have less judicial autonomy. Afghanistan epitomizes this. The country has not only lacked comprehensive, integrated laws for much of its history, but what laws existed were culturally dictated and enforced, and in most cases, still are.

As an Afghan, articles about the emergence of the rule of law in the West make me think about the intersection of culture and law in Afghanistan and its challenges. Even before its formal establishment as a nation, the United States began to create common law by using centuries-old written precedents from Great Britain, and applying American notions of reason and justice. Since there is little written tradition in Afghanistan, it does not have such a heritage, nor common law texts, as a starting point. Its starting point is a religious text, the Quran, written in Arabic, a language understood by only a small number of Afghans, the oral history of past decisions, and "felt necessities of the time," as Justice Oliver Wendell Holmes, Jr. characterized one aspect of the development of the common law in the United States.

The Afghan idea of a justice system is also defined by Pashtunwali, a social code of conduct and way of life that predates the Anglo-Saxon common law.  Pashtunwali defines the fundamentals of the Afghan culture, identity and, above all, personal honor.  What distinguishes the practice of Pashtunwali is its emphasis on using influential local and tribal leaders (Maliks, Khans and mullahs), or respected outsiders chosen arbitrarily by the conflicting parties, to act as fact-finders and decision-makers.  Furthermore, decisions must be seen as arbitrary and impartial, not compelled by any of the players in the conflict. This is one of the key reasons people in rural Afghanistan have historically opted to use customary shuras (councils) and jirgas (assemblies) as the primary decision-making forums in which to resolve their disputes. Over the course of Afghan history, the ideals of Pashtunwali have driven and influenced local decisions and rulings, primarily in rural Afghanistan, though the ethos of the system may be seen in all Pashtuns. The few attempts by the central legal authorities to supplant this indigenous centuries-long system of beliefs have been, and may continue to be, largely unsuccessful.

Laws in the United States made by federal, state and local representatives are designed to supersede and override the common law, while in the absence of a statute (or the Constitution), the common law prevails. Although broad policy objectives are not well mapped by use of the common law, it is a filler of necessity and provides an indispensable resource for judicial decisions in the absence of legislative guidance. By contrast, Afghans are usually handed oral, extemporized rulings influenced heavily by village elders, local and tribal leaders, Khans and mullahs, through the long-practiced shura and jirga system. Shuras and jirgas are said to be more efficient, accessible, cost-effective, less corrupt and more trusted by the Afghans than the formal state justice institutions. But these rulings often occur without reference to - mostly because of a lack of knowledge of, indifference to or defiance of - the Afghan Constitution, statutory laws or any other written records. Instead, these leaders rely on their understanding of the Quran, oral histories of past decisions known to them and to their people, Pashtunwali, and their "felt necessity."  

Thus, there is no cohesive thread connecting these oral decisions across villages and tribes to any common national public policy objectives. Afghans who have experienced both the formal and non-formal justice systems find the latter more in line and in compliance with local norms, customs and traditions, including the promotion and encouragement of consensus and avoiding a culture of impunity. Ignorance of and disregard for the country's written law , as well as prevalent corruption, mean that people have little confidence in the laws and low expectations of justice brought through the formal court system.  A report released last year by the United Nations Office of Drugs and Crime (UNODC) notes that in 2009 alone, Afghans paid an estimated $2.5 billion in bribes, equivalent to 23 percent of Afghanistan's GDP, and that judicial officials topped the list of those who received the bribes. By contrast, judges in the United States use a more consistent process and look to the written precedents in common and statutory law, as well as publications of scholars and retired judges when they do not have written precedents in their own jurisdiction to guide them.  This reduces the incidence of corruption, since wide departures from these precedents would bring critical attention to anomalous decisions.

So what happens in Afghanistan? The disparate sense of "felt necessity," guided by various interpretations of a religious text many cannot read and many misunderstand - together with flawed oral histories of past judgments - drive local decisions, creating a confusing and conflicting hodgepodge of rulings devoid of broad public policy considerations. A key point to note here is that a lack of nationally accepted laws permits subversive elements such as the Taliban and leaders who may be unaware of the formal justice system or distrust government institutions, to intuit and then adopt the most draconian of these incongruent decisions. These actors then form "public policy" based on their interpretations, and enforce it in the areas that they control with attribution to the Quran and use of brutal penalties for non-compliance. 

The solution, it seems, would be for Afghan scholars and those with legal education and background in Afghanistan to go to village and tribal leaders across the country and record the background and results of recent their rulings and judgments. These scholars could then tease out common public policy threads from dispute resolutions that were build on factors ranging from the teachings of the Prophet Mohammad to local conditions and "felt necessities." Having distilled the core essence of such decisions, a "Restatement of the Law of Afghanistan" could be written, similar to the one that exists in the United States, which would set out the main principles of a developing Afghan common law.  It would have no legal power, but it would provide a starting point of the type the founding fathers of the United States received from Great Britain.  Through this mechanism, the future decisions of village and tribal leaders in Afghanistan would be guided but not bound by the past. They would at last be put into writing, further developing coherent and better reasoned guides for Afghanistan's judicial system and a foundation against which ill-conceived and corrupt decisions can be measured and criticized.

It would be these written decisions of village and tribal leaders that would begin the long process of codifying the actual common law of Afghanistan, providing a place to look back for precedent and forward for the common threads of a rule of law.

There are no effective alternative power centers in Afghanistan that could create incentives for the people to take their disputes and disagreements to courts. Indeed, there are only a few courts now in existence and most are distrusted and discredited. However, codifying the actual common law of Afghanistan and applying it in the formal court system could create an incentive for the Afghan people to more formally and habitually refer their disputes and problems to the justice system.

Javid Ahmad, a native of Kabul, is Program Coordinator with the Asia Program of the German Marshall Fund of the United States in Washington DC.

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Playing with fire

By Huma Yusuf

The market has recently been flooded with books about Pakistan by academics, policymakers, and journalists. Many of these have sought to explain - and to some extent apologize for - contemporary Pakistani society to the western world. Pamela Constable's Playing with Fire: Pakistan at War with Itself is the rare exception that acknowledges this goal, and then lives up to its appointed task. Western readers could hope for no better guide to present-day Pakistan than Constable, a veteran journalist who has reported extensively from Pakistan for over a decade with The Washington Post. Her new book is a sound introduction to Pakistan's contradictions, inequalities, tumultuous politics, and every fluctuating national identity. 

As newspaper headlines about Pakistan policy choices become increasingly shrill, readers seeking context will find much of use in Playing with Fire. The book traces political and security developments across the country, primarily since 2007, that fateful year when former Prime Minister Benazir Bhutto was assassinated and the army's poor handling of a siege at the radical Red Mosque in Islamabad led to a spate of nationwide suicide bombings. In addition to political upheaval and terrorist attacks, Constable documents new laws, corruption scandals, media trends, civil society movements, and more, making her book one of the few holistic backgrounders on Pakistan.

Indeed, Playing with Fire benefits immensely from its author's journalistic background. The book covers those aspects of Pakistan that are rarely examined in works by political scientists or retired diplomats focused on Pakistan's security issues or regional geopolitics. Constable includes chapters on women and their divergent experiences in different social classes, upper-class Pakistanis, religious minorities, and life in rural Pakistan (in the interests of disclosure, I read an early draft of one of these chapters while Constable and I overlapped as fellows at the Woodrow Wilson International Center for Scholars in Washington DC).

Like good journalism, the book also combines faithful documentation with sharp analysis: Constable bookends extensive quotes from Pakistanis - whether brick kiln workers or land-owning politicians - with her own insights into Pakistan's problems. These insights are inevitably the best nuggets in the book; for example, Constable observes that the dynamics of landed feudalism have trickled down into the contemporary industrial sector, where factor workers remain indebted to their employers.

Constable's most profound insight into Pakistan is stated at the outset, in the book's introduction. She argues that Pakistanis are essentially powerless: "they see the trappings of representative democracy around them but little tangible evidence of it working in their lives." The various chapters of Playing with Fire then show how this powerlessness is manifest: in the vestiges of the feudal system, in the failings of the judicial system, in the endless paperwork of a bloated bureaucracy, in the limited circles of dynastic politics, and in the ‘honor' codes of a patriarchal society. Through characters, narratives, statistics, and direct quotes, Constable shows how Pakistanis are denied rights and opportunities in a way that perpetuates the status quo. One only wishes that with each example of a powerless Pakistani she offers, Constable reiterated the theme more explicitly for emphasis. 

Interestingly, while acknowledging their powerlessness, Constable allows Pakistanis to speak for themselves in her book. The liberal use of direct quotes provides an insight into Pakistani perceptions of global trends and political issues. Numerous excerpts from newspaper editorials and columns (including one of mine) also give a taste of public discourse within Pakistan. The country is frequently faulted for its head-in-the-sand attitude towards internal security developments, particularly the long-term fallout of cultivating militant groups. But Constable's regular nods to Pakistani opinion-makers show that a spirited, if convoluted debate about Pakistan's future and identity is currently underway in the country.

The most interesting chapter in Playing with Fire documents the slow ‘Talibanization' of Pakistani society. Constable points to the diverse elements that have led many Pakistanis to equate patriotism and religiosity: the content of government-issue textbooks, the successful campaigns of religious political parties, the moralizing rhetoric of student politics, the vitriol of television talk show hosts, and the state's foreign policy. Moreover, she uncovers how Pakistani society has evolved in a matter of years from wearing its religion loosely to developing extremist sympathies. Constable shows how Islam became "hip" among university students who embraced their religious identity as a way to participate in global trends. She also notes that "poor yet pious" Pakistanis use religious fervor as a way to push back against "errant Muslims of a higher class," introducing equality in what is otherwise a highly stratified society.

This nuanced chapter is bolstered by Constable's overview of the origins and ideologies of Pakistan's various militant and sectarian groups. The book also documents major security-related events such as the formation of the anti-state Tehrik-e-Taliban Pakistan (TTP) and the takeover of the Swat Valley in 2009 by TNSM, another extremist organization. With these snapshots of militancy, Playing with Fire becomes a handy user's guide to terrorism and security for those who have not followed regional developments at a granular level.

One argumentative disconnect does however emerge in the book. Constable's chapters on the ‘Talibanization' of society and Pakistan's use of militant groups as ‘strategic assets' emphasize that extremism is a top-down phenomenon in Pakistan, perpetuated as a result of state policies. But in other sections of the book, she suggests that extremist tendencies are organic-the expected fallout of widespread poverty, joblessness, and frustration. For example, Constable quotes the bitter complaint of a young man from Peshawar who graduated from a prestigious engineering school but was unable to find a job. He suggests that the lack of opportunity creates terrorists. Similarly, in a chapter about sectarian tensions and violent discrimination against religious minorities, Constable includes a rant by a butcher who denounces rampant corruption, crime, and poor leadership. The decision to include his viewpoint implies that the failure of state institutions is fostering religious intolerance.

There is an ongoing debate about whether extremism in Pakistan is a product of years of state-sponsored militancy and General Ziaul Haq's Islamization policies in the 1980s, or whether it is a contemporary response to flawed Pakistani and American policies. Given Constable's intimate knowledge of the region, a direct summary of her perceptions on this matter would have given the book even more substance.

Throughout her book, Constable draws out the clashing ideological and political stances of Pakistan's liberals and conservatives. She will be aware then that some liberals may find her book too soft on the Pakistan Army. No doubt, the book maps the fallout of the army's many dalliances with militant groups. But the chapter on the ‘murder of democracy' focuses on corrupt politicians such as President Asif Ali Zardari, dynastic politics, and the inefficient bureaucracy. Meanwhile, Constable's analysis of the Pakistan Army delves into the choices made by military dictators Ziaul Haq and Pervez Musharraf as well as the shenanigans of the intelligence agent Khalid Khawaja. This focus on controversial characters (though compelling to read) makes the army's flaws seem individual rather than institutional. A concise assessment of the impact of military interference in Pakistan's political and economic spheres over the decades would have served the book well.

Ultimately, though, Playing with Fire is an accessible yet comprehensive guide to a country that is constantly evolving and much written about, but little understood by westerners.  

Huma Yusuf is a columnist for Pakistan's Dawn Newspaper, and was the 2010-11 Pakistan Scholar at the Woodrow Wilson International Center for Scholars.

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Reforming Karachi's police

By Bilal Baloch, August 1, 2011

Karachi suffers from a terrible disease. This illness has been fierce at times, and calmer at others, but has remained in place for over 25 years. It has darkened the life of every human in the City of Lights. Certainly, it has spread so deeply throughout, and within, Karachi that sights of the city burning have become part of the inhabitants' immunity. "Business as usual" many muse. Indeed, 16 years ago, the deadly illness of chronic violence killed over 2000 people. In the first half of 2011 alone, 1,138 people have been killed by it; 490 of them targeted on political, sectarian, and ethnic grounds. And amidst this carnage, the ideal healers, the police, are found wanting.

Patron-client relationships permeate every level of life in Karachi. At the top, political parties keep a keen watch over criminal groups and gangs. These gangs perform duties for the parties including canvassing, illegally occupying land on the behalf of party workers or politicians themselves, providing personal security, and intimidating opponents or rivals. In turn, gangs gain in two ways. Firstly, they are allowed to continue with their illicit activities, including drug, alcohol, and gun running, as political parties overlook the legal transgressions of their minions. Secondly, and inextricably linked to the city's political corruption, they gain protection from the very police that should be hounding them.

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Après AWK le déluge?

By Gerard Russell, July 12, 2011

Ahmad Wali Karzai's death comes at a time when the U.S. is talking of withdrawal from Afghanistan, negotiations are being attempted with the Taliban, and a series of assassinations have eliminated some of Afghanistan's most capable military leaders. President Hamid Karzai, true to Afghan tradition, put on a brave face at his press conference with French President Sarkozy shortly after hearing the news. But he showed signs of strain; the mood behind the scenes in the Arg, Kabul's Presidential Palace, must be a grim one. 

This is not only because the death of any man's brother is a hard thing to bear, but because this brother was an important part of the Karzai dynasty. Ahmad Wali's militias and his revenue-raising networks - widely believed to include drugs trafficking -- and his links with the CIA, were a significant part of the Karzai power-base in their home region of Loya Kandahar. "No-one can be as powerful as he was," one friend of mine from Kandahar opined; "he had tribal support, money and power."  

Some experts have suggested that this is precisely the opportunity that has now opened up, for a re-arrangement of political power in the Kandahar region that would re-enfranchise individuals and tribal groups alienated by internecine conflict, poor government outreach, and active exclusion from patronage and support networks. Others suggest that another powerful individual is bound at least partially to fill the gap -- someone such as Aref Noorzai, who was Ahmad Wali's sister-in-law's husband, and whose brother is already on the Kandahar provincial council (with plenty of other relatives in strategic positions, too); or Gul Agha Sherzai, the former governor of the province, whose family also have big business interests there. The third alternative is chaos. Ahmad Wali's networks of armed men, after all, will still exist - with or without an official sponsor. Big competitors, trying to move onto Ahmad Wali's turf, may increase the internecine conflict rather than reduce it, which in turn will make it easier for the Taliban to continue to encroach on Kandahar City and its environs.

But perhaps the bigger question is: What effect will the death of President Karzai's most controversial, but also apparently highly trusted and powerful younger brother-cum-lieutenant, have on the President's morale and motivation? Will it make him seek revenge, if the Taliban truly are responsible? Or-with or without a peace deal with the Taliban, which seems a more distant prospect now as the Afghan state visibly weakens -- will it make him keener to make an exit, when his term ends in 2014?

Gerard Russell was in Afghanistan between 2007 and 2009.

 

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Who will really miss Ahmed Wali Karzai?

By Joshua Foust, July 12, 2011

A trusted family associate shot Ahmed Wali Karzai, Afghan president Hamid Karzai's half-brother, multiple times this morning in one of Wali's five Kandahar mansions. While the Taliban have claimed responsibility for his death, there's no reason -- yet -- to think Sardar Mohammed, who was quickly gunned down by Wali Karzai's bodyguards, had any connection to the insurgency.

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Karzai's Court

By Jed Ober, July 7, 2011

In January of this year, Afghan President Hamid Karzai yielded to domestic and international pressure and endorsed the seating of the new Afghan parliament against the recommendation of a Special Court he created to evaluate election fraud claims. Few would have predicted then that six months later Karzai's Court would bring the country to the brink of complete political collapse.

Afghanistan's 2010 parliamentary elections were yet another reminder of the extraordinary difficulty of administering elections in the midst of a wide scale counter-insurgency effort. Like the 2009 presidential elections, the September 2010 Wolesi Jirga, or lower house of parliament, elections, were marred by widespread fraud, with more than a million votes ultimately invalidated. Despite the pervasiveness of fraud, the process did offer some hope for the nascent democracy. Afghanistan's Independent Election Commission (IEC) showed strong signs that despite enormous external pressure, it could exercise the necessary independence and impartiality that observers felt was lacking in 2009.

The results of the election were not favorable to Karzai, who fought throughout the process for ways to advantage his political allies. In the pre-election period this included unsuccessfully advocating, against the recommendation of the IEC, for the opening of 87 additional polling stations in some of the country's most insecure districts. After election day, President Karzai expressed his dissatisfaction with the results from Ghazni province, where Hazara candidates swept the seats despite the presence of a Pashtun majority. The Special Court would become President Karzai's favorite instrument to remind the new members of parliament that it was he who truly controlled their political fate.

Last year, after Afghanistan's Electoral Complains Commission (ECC) referred hundreds of cases to the attorney general (AG) to review whether candidates had committed criminal offenses, the AG decided to submit 232 candidates to Afghanistan's Supreme Court for adjudication, despite no provision in the electoral law authorizing it to do so. In the weeks that followed, it became clear that the AG was not guided by a legal framework but motivated by a preferred political outcome. Indeed, the AG's office was outspoken in voicing its desire that the results of the elections should be invalidated entirely.

On the 21st of December, the Supreme Court took the next step by recommending that President Karzai establish a Special Court to further investigate and adjudicate the claims of disaffected, defeated candidates. On the 26th of December, President Karzai approved the creation of a Special Court through presidential decree and named Sadiqullah Haqiq, head of the Kabul Court of Appeals, to lead the court. According to the president and the Supreme Court, the Special Court would begin investigating results, and would have the authority to make changes to the results of the September elections.

Shortly after the creation of the court both the IEC and ECC disavowed the court and reaffirmed their position that the authority to administer elections and announce results was the sole duty of the IEC and adjudication of complaints was that of the ECC. The international community publicly supported the independence of the country's legitimate electoral institutions and called on all actors to respect their decisions.

Often, it is ambiguity in the Afghan legal framework that causes such political impasses. In this instance, however, the law is clear. The constitution, through Article 156, establishes the IEC as the sole authority for the administration of elections and grants it exclusive authority for the announcement and certification of election results. Neither the constitution nor the electoral law sanctions the creation of a special court to review election results. Nor does either document grant the Supreme Court or Attorney General the authority to engage in electoral affairs.

The idea for the creation of the court likely did not originate with the Supreme Court, but directly from within the president's office; rather, during Democracy International's observation of the process, many well-connected Afghans reported to us that the idea came from two of President Karzai's own legal advisors, who were seeking out ways to alter the results of the September elections that had strengthened opposition to Karzai in the parliament.

After months of the Special Court reportedly conducting re-counts and investigations throughout the provinces, it finally announced a ruling on June 22 in which it declared that 62 sitting members of the parliament should be replaced. The decision launched the country into a political crisis and elicited an immediate reaction from parliament, which voted for the removal of the attorney general and six members of the Supreme Court. The crisis reached new proportions last Wednesday, when the parliament began debating the impeachment of the president, who has reportedly proposed his own list of 17 candidates to the IEC who should be immediately certified as winners. The instability has, according to Afghan news sources, motivated members of parliament to begin carrying firearms into sessions of parliament, and has resulted in physical altercations between MPs.

The authority to arbitrate constitutionality lies with Afghanistan's Independent Commission for the Oversight of the Constitution. In this instance, however, the commission has only contributed to the confusion. In January, the commission reportedly met with a group of MPs and expressed its opinion that the establishment of the Special Court was illegal. This was reported widely at the time in Afghan newspapers. Just last week, in an apparent about face, the constitutional commission issued a decision stating that the IEC should cooperate with any bodies investigating election issues. To complicate matters further, a member of the constitutional commission appeared on TOLO television (the nation's most popular political news outlet) the next day and declared the Special Court illegal and explained that the decision of the commission had been misunderstood.

The implications of the Special Court's ruling are serious, and the willingness of the president to embrace its legitimacy threatens to undermine more than just the parliament. If the court's decision is ultimately respected and the makeup of the parliament is altered, the legitimacy and credibility of the IEC and future Afghan elections will forever be tainted. Candidates and their supporters are unlikely to respect the authority of an election commission whose decisions they know can be trumped by ad-hoc courts. In addition, if the Special Court brings criminal charges against sitting parliamentarians, it will also undermine the authority of Afghanistan's legitimate judicial bodies.  At a time when a country struggling to establish robust democratic institutions needs support from its executive, that executive seems all too willing to endorse the defanging of those institutions.

The political implications are even more serious. If Karzai's Court is successful at shaking up the composition of the lower house, the effects could be felt far beyond the body's votes on the president's initiatives. The president would then likely have a parliament more amenable to his call for a Loya Jirga, a powerful traditional body that has the authority to amend the constitution. The current parliament has called the president's plans for a Loya Jirga unconstitutional, on the basis that chairpersons of district councils, who are constitutionally mandated delegates to a Loya Jirga, have not yet been elected. Not only would President Karzai likely have the support in the lower house to move forward with his plans, he would also have 62 more votes in favor of whatever agenda he decides to pursue within the jirga, including a possible constitutional amendment to allow him to seek a third term.

With no clear ending in sight, the president, by supporting the actions of a Special Court with no legal authority, has brought the country to the brink of political collapse. What happens next is anyone's guess. The IEC has so far shown resolve against Karzai and has reportedly presented him a plan to solve the impasse. While details of the plan have yet to be released, there are rumors circulating that it would require President Karzai to declare the Special Court illegal and to honor the independence of the IEC and the credibility of its decisions. In return, the IEC would agree to review some previous decisions of the ECC, which it believes is allowed under Article 65 of Afghanistan's Electoral Law.

If the president disagrees with the IEC's plan, he could always attempt to replace the leadership of the IEC, which is within his constitutional rights, and thus pave the way for the implementation of the Special Court's decision. This would not, however, prevent the likely violent backlash from the 62 parliamentarians the Special Court is threatening to remove. Perhaps a more likely outcome is for the AG to circumvent the IEC altogether and begin implementing the Court's decisions himself, as he has promised recently to do. This would likely entail arrests of sitting MPs and would undoubtedly lead to political chaos and possibly violence.

The crisis created by Karzai's Court underscores the necessity for a genuine Afghan led dialogue on democratic reform. Options must be explored to strengthen the independence and resilience of Afghanistan's democratic institutions. To achieve any level of democratic sustainability, Afghan politicians must operate on a stronger democratic foundation, one developed with the support of civil society and the very institutions President Karzai is attempting to delegitimize (the IEC, the ECC, and the lower house of parliament). If the international community and the Government of Afghanistan do not begin to take democratic reform seriously, a strong democratic Afghanistan will become even more of a fantasy than it is now.

Jed Ober is Director of Programs at Democracy International. Throughout 2010, he served as Democracy International's Chief of Staff in Kabul where he oversaw the largest international election observation mission to Afghanistan's 2010 parliamentary elections. Democracy International's final observation report can be downloaded at www.democracyinternational.com.

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Karachi's violence and the war in Afghanistan

By Bilal Baloch, July 5, 2011

President Barack Obama has made his decision, and by the end of this year 10,000 U.S. soldiers will leave Afghanistan. By September 2012, 23,000 more shall do the same. And to ensure that Afghanistan remains secure, some tens of thousands of additional Afghan security forces will be trained by the U.S., with diplomatic efforts will follow. But whether or not the American withdrawal and the likely ensuing deal with the Taliban ends the conflict, it is certain that the consequences will have a major impact on Pakistan.

After the last American exit from Afghanistan following the Soviet war in that country, Arab jihadists took the Afghan mujahideen under their umbrella, and set up shop in Pakistan, an outcome that, given the current climate of instability and militancy, could easily happen again. As the Brookings Institution scholar Dr. Vanda Felbab-Brown said about the current conflict, "an unstable Afghanistan will be like an ulcer bleeding into an already extremely unstable, extremely hollowed out-Pakistan and will encourage only the worst tendencies in Pakistan. This will severely compromise our strategic objectives." History shows that the type of substance this ulcer bleeds exacerbates pre-existing problems in parts of the country, something that is especially true in the bustling port city of Karachi.

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The growing danger in Kabul

By Candace Rondeaux, June 29, 2011

The deadly attack on the Intercontinental Hotel in Kabul late Tuesday night is a timely reminder of just how precarious the situation remains 10 years after the first U.S. troops entered Afghanistan. From taxi drivers to television talk-show hosts, all of Kabul is abuzz with the news of the Taliban's latest strike on the capital. The all-out assault on the fortress-like hotel on a hill has underscored the growing fear across the country that it is only a matter of time before Afghanistan descends once again into civil war.

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Evaluating U.S. foreign assistance to Afghanistan

By J Alexander Thier, June 9, 2011

In the last decade, Afghanistan has made some dramatic development achievements. Access to basic health services has rocketed from nine percent to 64 percent. Under the Taliban, only 900,000 boys and almost no girls were enrolled in schools, while today, more than seven million children are enrolled in schools, 35 percent of whom are girls. Afghanistan has averaged 10 percent per year economic growth, is using a single, stable currency, and government revenues have grown to $1.65 billion, with a 400 percent increase in customs revenues since 2006 alone. With GDP per capita doubling since 2002, some five million people have been lifted out of extreme poverty. In 2002, Afghan government institutions were barely functional. Most ministries did not have telecommunications, electricity, or even basic office supplies like pens or paper. Today, several ministries, like the Ministry of Public Health, which is led by a female doctor (who would not have been allowed to work, let alone lead, under the Taliban), are heading the development charge. Much of this progress has been possible due to the generous support of American taxpayers.

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Caught in the crossfire

By Michael Semple, May 16, 2011

On September 2, 2010 an airstrike conducted by Joint Special Operations Command in Afghanistan's Takhar province killed a man named Zabit Amanullah and nine of his companions. NATO forces in Afghanistan believe the raid killed a Taliban deputy governor called Mohammed Amin, but there is ample evidence that all those killed were in fact civilians who were caught in the crossfire of a military intelligence case of mistaken identity.

I began investigating the Takhar air strike as soon as it happened because I knew Zabit Amanullah, who had previously worked with me as a human rights researcher. With the help of another Afghan friend who had acted as Amanullah's security focal point, by the following day, I had discovered the identities of those civilians killed in the attack. It took me six months to find the real Mohammad Amin and work out the relationship between him and Zabit Amanullah. Special Forces helpfully supplied the Afghanistan Analysts Network, which recently released an authoritative investigation into the Takhar airstrike, with the sketchy biographical details they had on Amin. I sought the help of contacts within the Taliban in northern Afghanistan to find the real man who matched their profile. 

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Three cups of BS

By Alanna Shaikh

Greg Mortenson's school-building plan was never a good idea.

Read the full article here.

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Cup half-empty

By Mosharraf Zaidi

Why we all wanted to believe what Greg Mortenson was selling. 

Read the full article here.

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When news of Kabul Bank's imminent collapse broke early last fall, some likened the crisis to a slow motion train wreck. Six months later, the failure of Afghanistan's largest commercial bank now looks more like a bullet-train in danger of running the country's precarious reconstruction efforts off the rails.

As further details of Kabul Bank's profligate lending practices and its nearly $1 billion in unresolved debts leaked early last week, it became clear that Afghanistan's Central Bank would have to move quickly to prevent full-on implosion. But it is not at all certain that the Afghan government will act quickly enough on the International Monetary Fund's recommendation that Kabul Bank enter into receivership-a move the international lending institution hopes will prevent collapse of the economy. Nor is it a given that the Afghan government will deliver on its promise to launch criminal investigations against Kabul Bank's politically connected shareholders, including President Hamid Karzai's brother, Mahmoud, who according to recent news reports received $18 million in no strings attached loans.

What is clear is that with a number of other large-scale Afghan commercial banks also buckling under the pressure of bad loans and risky investment strategies more aggressive international intervention is not only likely but necessary. Without it the Afghan economy could plunge into a freefall, reversing the fragile gains the country has made since 2001.

At the start of the U.S. military engagement in 2001, Afghanistan's banking sector was comprised of six defunct state-owned commercial banks. When the Kabul Bank scandal first broke in September 2010, 17 commercial banks were operating in the country with total assets valued at roughly $2.6 billion. This is up from $300 million in total assets in 2004. Kabul Bank and its next closest competitor Azizi Bank have for years dominated the industry, with both banks' holdings representing about 50 percent of the overall commercial market.

Given the tight knit relations between Afghan business elites' interests it should come as no surprise then that Azizi Bank is now also facing scrutiny. Indeed, in addition to Azizi Bank, reviews and full-scale audits are underway at several politically connected Afghan banks, including the United Afghan Bank, whose chairman owns a substantial stake in Mahmoud Karzai's sprawling upscale real estate development in the southern province of Kandahar.

Despite its impressive growth, Afghanistan's banking sector has been under-regulated for years with the vast majority of banks posting very low ratings. On an industry standard scale of 1 to 5 where a rating of five is the lowest, five of Afghanistan's banks were reported to be rated at four in a 2009 IMF report, indicating a troubling imbalance between capital, asset quality, management performance, earnings and liquidity. Though most of the cash slushing through Afghan banks consists of taxpayer dollars drawn from NATO countries, international donors have never showed much interest in pushing for genuine reform. Promoting an agenda of regulatory reform, fiscal responsibility and insisting on accountability and transparency in international assistance is just not as sexy as arming Afghan militias, building up national security forces or shelling out millions to reintegrate insurgents.

Luckily, a few international donors have finally gotten a clue and taken decisive action. In response to the Kabul Bank crisis, the United Kingdom's Department for International Development opted in early March to freeze $137.6 million in contributions to the Afghanistan Reconstruction Trust Fund, the main conduit for international assistance to Afghanistan. The British aid agency said that it was loathe to continue assistance to the fund as long as it remained unclear whether the International Monetary Fund would withdraw its support for aid to Afghanistan.

After visiting Kabul in early February, IMF officials said the only way it will continue its assistance is if Kabul Bank is swiftly liquidated. As the Central Bank continues to dither over whether and how to initiate a sell-off of Kabul Bank's assets, other major European donors are now also considering following the United Kingdom's lead. It is unfortunate that it took international donors so long to use what little leverage they have left to push the Afghan government to do the right thing. Hopefully, Kabul officials will, nonetheless, get the message: clean up, or else.

Given that the Afghanistan Reconstruction Trust Fund finances salaries for almost all of the government's civil service workers, some might argue that withholding contributions to Afghanistan's largest source of cash could pose a threat to stability and the success of the counterinsurgency campaign. How, it likely will be asked, can the Afghan government deliver much needed services in insecure places like Helmand and Kandahar if it can't even pay its civil servants? In the long-term, however, the real question is:  How will U.S. European and Japanese donors be able to justify continued spending in Afghanistan to their financially strapped constituents if Kabul continues to allow commercial banks to finance the lifestyles of Afghanistan's filthy rich and ignominious? The answer is blindingly simple. International donors must do more to ensure greater oversight of their assistance to Afghanistan. Kabul likewise must move aggressively to close regulatory loopholes that foster corruption and allow politically connected high-flyers to profit from the government's failure to do its job.

Several Kabul Bank shareholders have said publicly that they are in the process of paying back the millions in loans they took out to buy luxury estates in Dubai. Let's hope that's the case.  But no one should count on it. If donors hope to reap peace dividends from the billions in aid poured into Afghanistan they would do well adopt more transparency in their assistance programs and to keep the pressure on Kabul until action is finally taken to clean up the Afghan banking sector.

Candace Rondeaux is Senior Analyst for Afghanistan at the International Crisis Group. She is based in Kabul.

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Explaining the inexplicable: murder at Mazar

By C. Christine Fair, April 4, 2011

In September of 2010, Pastor Terry Jones, an obscurantist preacher from the boondocks of Florida, caught the attention of U.S. political, diplomatic and military leadership when he threatened to burn a copy of the Quran. Ultimately, Mr. Jones desisted from this inflammatory folly after achieving several days of sustained fame and after receiving various entreaties by President Barack Obama, Secretary of State Hillary Clinton and even the commander of NATO forces in Afghanistan, General David Petraeus, who warned that such action would put U.S. troops in harm's way. The crisis was dispelled when the gun-toting Mr. Jones -- who is no religious scholar but rather a homophobic, Islamophobic used furniture salesman -- at last relented and promised to not revisit the subject in the future.

In early January of 2011, the mustachioed Mr. Jones announced, while sporting a leather jacket, that he would hold an "International Judge the Koran [sic] Day," during which the Quran would be tried for murder. Unlike his September escapade -- conveniently timed to coincide with the ninth anniversary of 9/11 -- this round of theatrics drew no press attention. On March 20, 2011 Mr. Jones served as the judge in this "trial of the Koran," which also featured a mock prosecutor, defense attorney, and witnesses. Some of the participants were even sporting robes and headwear presumably intended to be some variety of "Arab" costuming. Amidst about 30 observers and a film crew from an Orlando film school, the Quran was found guilty after which it was doused with kerosene and burnt upon an ornamental outdoor firepit. Despite the modest turnout, Jones declared the event a success as well as a "once-in-a-lifetime experience."

The bizarre mock trial and execution of Islam's most revered book went unnoticed in the American and international media until April 1, when angry mobs in the usually peaceful northern Afghan city of Mazar-i-Sharif stormed a U.N. compound and slaughtered at least eight people. The violence quickly spread beyond the city of Mazar-i-Sharif into Kandahar, Jalalabad, and Kabul. The crowed was mobilized following Friday prayers at the shrine of Hazrat Ali, in which the event was recounted, enraging the attendees.

While Mr. Jones was deliberately provocative, this butchery of innocent Afghans and international U.N. workers is mind-boggling. How is it possible that the actions of a largely reviled, fringe lunatic in central Florida could result in protests in Afghanistan and Pakistan and spawn the deaths of so many people -- including Afghan Muslims?

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Karachi awash with blood

By Saba Imtiaz, March 28, 2011

The residents of Pakistan's largest city, Karachi, are no strangers to death and destruction. One of its most popular bazaars was bombed in the 1980s.  Its parks have been strewn with human flesh. Its roads have been full of men shooting blindly at anyone and everyone. Its alleyways have been home to bodies in gunny bags.

Over the past few decades, Karachi's battle-weary citizens have grown familiar to the depressing series of headlines, and now, to "targeted killings." Over 1,000 people were killed in the first ten months of 2010, a 15-year high, and 43 people have been killed since March 18.

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Cricket shines in Pakistan

By Haider Warraich, March 23, 2011

The ongoing Cricket World Cup being played out in the Indian Subcontinent has had its share of interesting matches and story lines (for a primer on cricket rules and terms, look here). But none has been more gripping and fascinating than the very unlikely march of Pakistan, who just trounced the West Indies by a record margin, to become the first team to reach the semifinals. They have gotten to this stage in considerable style, having previously beaten the reigning world-champions, Australia, and one of the tournament favorites, Sri Lanka, in the group stages. Pakistan won their quarterfinal without losing a single player out of eleven in what commentators are describing as the most resounding drubbing ever delivered in the World Cup knockout stage.

And yet, as ominous as Pakistan's progress in this World Cup has been, this is a team that emulates its country's ability to generate controversy. In just the last four years alone, Pakistan has lost its best players to a match-fixing scandal last summer, faced an international ban on domestic games that started after the armed terrorist assault on the visiting Sri Lankan team in 2009, suffered the mysterious death of their coach during the previous World Cup in 2007, lost a budding player to death threats from a country-wide gambling mafia, suffered the ignominy during the recent Middle East crises of having their largest stadium named after a certain Libyan despot, and had their best players resort to constant infighting, faking injuries and getting caught for using opium, marijuana and anabolic steroids.  With a squad short on superstars, confidence and credibility, Pakistan's cricket team entered this tournament as a freak show of sorts. And yet, as is historically true of the Pakistani cricket team, "the most interesting team in the history of sport" in the words of Guardian writer Rob Smyth, their raw talent has overcome all controversy and surpassed just about every opponent so far.

Pakistan's date with destiny has set up what could be one of the most highly anticipated matches in recent history. If India beats Australia in their quarterfinal tomorrow, which they are favored to do, then these two archrivals will face each other in the semifinals to be played on Mar. 30 in Mohali, India. Pakistan last played on Indian soil in 2007; however, following the Mumbai terrorist attacks in 2008, India's team cancelled their tour of Pakistan, and Pakistani players have been barred from participating in the lucrative Indian Premier League.

Even in the event that Australia defeats India and this potentially epic match does not take place, concerns about Pakistan's semifinal appearance have already been raised. In previous tours, Hindu fundamentalists have dug up pitches where Pakistan was scheduled to play, and threatened to disrupt matches involving Pakistan in India before this tournament even began. Reflective of these concerns, in a press conference held immediately after Pakistan's victory, the chief executive of the International Cricket Committee assured journalists that the venue would not be changed and confirmed Pakistan's match in Mohali.

For a country where cricketers enjoy incredible celebrity status, the current Pakistani cricket team is devoid of many superstars. However, losing a few to match-fixing and a great one to age might well have been a blessing in disguise. Led by a man who embodies all of Pakistan in his boisterous, inconsistent, emotional, and occasionally self-destructive persona - Shahid Khan Afridi - adversity has brought this erratic band together in a way that reminds the nation of the last time this team won the World Cup in 1992.  While his brash and haughty celebrations have put off some of the old guard, like Australian Ian Chappel, Afridi brings a rare honesty to play that is devoid of the regimental professionalism of modern cricket.

Cricket is more than a trivial pursuit in Pakistan. It unites Pakistanis in a way that nothing else does. With a mix of players from all provinces, Punjabi, Pashto and Urdu, come together in a way they do at few other forums. With an identity split on religious, lingual, geographical, cultural, political and ideological lines, cricket is the only thing that truly brings out  a national identity in Pakistanis.

The story of the 11 players that will take to the coliseum in Mohali on March the 30th mirrors that of the 180 million who await the next twist on their plate. In Pakistan, the absurd and tragic events appearing in the sports pages reflect a grotesque caricature of the problems Pakistan experiences every day. But this evening, by the millions, Pakistanis are hoping that the fortunes of Pakistan, the country, will follow the blossoming ‘taqdeer', of Pakistan - the team.

Haider Warraich, MD, is a research fellow at Harvard Medical School. He is a graduate of the Aga Khan University in Karachi, Pakistan, and the author of the forthcoming novel, Auras of the Jinn.

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Inside the Taliban Shuffle

By Joshua Foust, March 2, 2011

Not many women can say that Nawaz Sharif,Pakistan's troubled former prime minister, tried to set her up on a date with aPakistani man. Kim Barker, the author of TheTaliban Shuffle: Strange Days in Afghanistan and Pakistan, can do thatone better: she can say Sharif tried to set her up with Asif Ali Zardari, the presidentof Pakistan.

Barker, appropriately, declined Sharif's kindinvitation; she also had to decline, sometime later, Sharif's invitation to behis latest mistress. Her surreal book is chock full of such ridiculousexperiences, whether the grabby, eve-teasing crowds ofPakistani men in Peshawar or the uncomfortably flirtatious former Afghanattorney general, Abdul Jabar Sabit. Barker, a former Chicago Tribune correspondent now with ProPublica, recounts nearlya decade of soul-wrenching zaniness, perpetrated in equal parts by the Afghans,Pakistanis, and the white people moving amongst them both, with a good sense ofhumor. This is funny stuff, it's true. But it's also very sad.

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Ailing Aid: Afghanistan

By Art Keller, February 25, 2011

Editor's note: This is Part II of a two-part seriesfocusing on aid provision in conflict zones. The first installment can be foundhere.

Ehsan Entezar's Afghanistan101, dryly academic though its language tends to be, is nevertheless anilluminating guide to the Afghanistantoday. As a scholar born, raised, and educated in Afghanistanbefore obtaining his doctorate in the UnitedStates, Entezar lends the insight of a native son inilluminating the realities of Afghan culture and society, and by doing so,providing some sharp clues as to the likely efficacy of the aid programs thatare allegedly "building" Afghanistan.

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Help Pakistan help itself

By Nadia Naviwala, February 25, 2011

The late Obama administration envoy to Afghanistan and Pakistan Richard Holbrooke sparked an uproar when he indicated in 2009 that U.S. development assistance would be channeled primarily through local Pakistani NGOs, instead of traditional partners: American contractors and the government of Pakistan. The Pakistani government -- one of a handful of governments receiving direct budgetary support from the U.S. government -- vehemently protested. American development contractors faced the cancellation of contracts and became concerned about losing business in Pakistan, and their jobs. Even a USAID official leaked a dissent memo to USA Today, stating that "very few Pakistani firms and NGOs can currently satisfy the stringent management financial management audit requirements for USAID project funding."

Lately, the dust seems to have settled. Recently, the USAID Inspector General released an oversight report, detailing 54 awards worth $269 million that have been made to Pakistani NGOs. Last week, USAID Administrator Rajiv Shah indicated that the emphasis on NGOs is a general shift in the way that USAID does business -- not just in Pakistan, but around the world: "We are now at a point where nearly 40 percent of our funding goes to non-government organizations. And in each of our countries, through all of our missions, we're setting specific targets so that we can increase the percentage of support that we provide to local organizations and local entrepreneurs and local NGOs."

The push towards partnering directly with local NGOs makes sense, at least in theory: locals understand their needs, their context, and potential solutions better than foreign contractors, and do not have the high overhead and security costs associated with Americans working abroad, especially in hostile environments.

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Ailing aid

By Art Keller, February 24, 2011

Editor's note: This is Part I of a two-part seriesfocusing on aid provision in conflict zones, with tomorrow's edition to focuson Afghanistan.

Although the White House was cautiously optimistic in itsrecent strategy review on Afghanistan, even for seasoned AfPak watchers, itcan be difficult to discern exactly what the U.S. strategy istowards Afghanistan. The sound bite summary "clear, hold, build" may besimplistic, but it still offers a useful starting place to evaluate U.S. andNATO efforts. The "clear" and "hold" represent the straightforward ideas (intheory if not execution) of taking and holding ground, operations with whichmilitaries are well-acquainted. The real issue, and the key to success orfailure, is defining what "build" really means, and examining how the United States andNATO are "building" in Afghanistan.

While many factors in Afghanistan (and Pakistan, for thatmatter) are unique, in a larger sense, the challenges faced there are the sameissues, with new faces, that the United States has been long been struggling with inother countries. The U.S. government clearly hopes to "build" the Afghangovernment and military up to the point that it will take the lead in battlingthe Taliban. For decades now, in countries around the world, the tool mostfrequently called on to "build" countries is aid. Sometimes aid comes in theform of humanitarian, short-term assistance, i.e. emergency food, medicine,water, and shelter, aimed at stabilizing crisis situations. In other cases, aidcomes in the form of "official development assistance" or ODA, most often adirect cash transfer from a donor government or donor institution to arecipient country, usually in the form of grants or low-interest loans, andaimed at promoting long-term growth by developing infrastructure, education,and more. In the case of Afghanistan (and Pakistan), aid to the region hasconsisted of a mixture of both humanitarian and strategic (ODA) aid.

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Diplomatic duplicity

By C. Christine Fair, February 18, 2011

LAHORE -- This much is clear about the latest convulsion in U.S.-Pakistan relations: an American man, operating under the name of Raymond Davis, shot and killed two men in Lahore in the populous province of the Punjab. After the event, an "emergency vehicle," presumably from the U.S. consulate, rushed to rescue Davis and careened into a crowd. The as yet unidentified driver of the rescue vehicle killed a third person. Davis is currently being held in Pakistani custody in Lahore. He has been added to Pakistan's exit control list while his status is being determined in Pakistan's courts, which precludes his exit from the country.

The U.S. government maintains a simple account: he was an employee of the U.S. consulate in Lahore who shot two men in self defense. Since he has "diplomatic immunity," he should be released under the Vienna Convention immediately. President Obama has himself argued that he should be released for these reasons. Concurrent with Obama's appeals for the man's diplomatic immunity, U.S. Senator John Kerry travelled to Pakistan this week to resolve the ever more complicated row. With such high-level demands, the very credibility of the U.S. presidency is at stake. This is not lost upon Pakistan or its citizens.

Pakistan has its own stylized, yet starkly divergent, account from that heard in the United States. Whereas Raymond Davis is a niche topic of the chattering classes in Washington D.C. in the United States, he is the mainstay of conversation across all stratum of Pakistani society and has become a national obsession in Pakistan's print and television media. Pakistanis have called for the hanging of Davis in public rallies.

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Raymond Davis and the cost of immunity

By Miranda Husain, February 15, 2011

The curious case of Raymond Davis is still being played out in Pakistan with all the cloak-and-dagger intrigue befitting a James Bond novel, and today American president Barack Obama himself got involved. Washington has been consistently loud and clear in its message to Islamabad: a Pakistani refusal to hand over the 36-year-old former Special Forces officer who shot and killed two Pakistani men in what he claims was self-defense will be the mother of all deal-breakers for bilateral ties. On trial in Pakistan is not Raymond Davis, however, nor only the already bottomed-out reputation of the United States -- the credibility of the government of Pakistan is also at stake.

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