Friday, March 29, 2013 - 12:38 PM

"Sooner or later the Americans are going to leave the region. The problem isn't that they will just leave, but that they might abandon the region altogether. That will leave us alone with these thousands of militants to deal with without any international support"
This bold statement about Pakistan's militancy problem was given to me by a recently retired military officer in the Pakistan Army, who served at a key appointment during Operation Zalzala in 2008 in South Waziristan against domestic militants. According to another General of the Pakistan Army who was active in the Wana Operation against militants in 2004, Pakistan's basic counterterrorism policy has been fairly simple: "either kill the terrorists wherever they are found, or coerce them to support your cause against the other anti-state militants." It is under this lens that Hafiz Saeed, founder of the banned Lashkar-e-Tayyaba needs to be understood.
Pakistan's refusal to arrest Hafiz Saeed might seem confusing. A man carrying a 10 million dollar bounty on his head, and who has been charged by the United States and India for links to terrorism and hijacking, walks around freely in major city centers of Pakistan, is invited for television interviews, and now runs one of the country's fastest growing charity organizations, Jamaat-ud-Dawa (JuD). What is more confusing still is the fact that while the United States has placed a handsome bounty on his head, it has been fairly silent over the issue ever since, and hasn't been pushing the authorities in Pakistan to take any action against Saeed.
Recent interviews with key officials in the military and police forces of Pakistan revealed to this author that Hafiz Saeed has been left alone because although he might be a threat to India, at the moment he and his followers are not a threat to Pakistan.
The security establishment of Pakistan categorizes militant threats into three spheres: 1) Groups that are threat to Pakistan only, 2) Groups that are threat to both Pakistan and the United States, 3) Groups that are a threat to only the United States, India, or any other country. Hafiz Saeed, for Pakistan, falls into the third category. Moreover, if anything Hafiz Saeed has recently transformed and rebranded himself as a political and social actor renouncing violence altogether. Could Hafiz Saeed lead to a Sinn Fein-style of transformation of militant groups in Pakistan? According to some in the power circles of Pakistan, he certainly could.
Saeed is increasingly looked upon by the security establishment as a key figure who will, after the U.S. withdrawal from Afghanistan, mobilize the armed militants from different factions, and either pacify their animosity toward the Pakistan state, or encourage their evolution into political actors. Many in the establishment entertain the view that militants can only be dealt in their own language; in other words, by another militant on behalf of the establishment. But why Saeed?
Hafiz Saeed is a perfect mix of what the establishment requires: an anti-Indian down to the bone, a patriot in the sense that he would not rise up against the Pakistani state, Saeed is considered radical enough by all types of militants, which allows him to sit down and negotiate with groups like the sectarian Lashkar-e-Jhangvi and the anti-government Tehreek-i-Taliban Pakistan (TTP). But he is not motivated by sectarian differences - something that is particularly attractive to the security establishment in the midst of the wave of sectarian and religious violence crippling Pakistan.
In a sense, Saeed is the new face of the evolution of militancy in Pakistan, the kind that Humaira Iqtidar predicts in her book, Secularizing Islamists: Jama'at-e-Islami and Jama'at-ud-Da'wa in Urban Pakistan, from far right extremism to center right, and then to progressive. Saeed's evolution into a political actor, along with his charismatic ability to mobilize thousands of people, is what makes him marketable to an establishment that is desperately seeking ways to counter terrorism in Pakistan during and after the U.S. withdrawal from Afghanistan. In the words of Saeed, "The militant struggle helped grab the world's attention," he told the New York Times, in what would have been an unimaginable interview even a year ago. "But now the political movement is stronger, and it should be at the forefront of the struggle."
While Saeed was once used as a pivotal player against India in Kashmir, the establishment in Pakistan is currently more concerned with the internal threat that Pakistan faces from groups like the TTP. A senior police official who has led several offenses against militants in southern Punjab told me that he believes "Saeed has been redirected and is now being used as a tool to ensure the disarmament and evolution of militant groups in Pakistan".
The analysis of this police official makes even more sense when juxtaposed with the recent rise of the Difa-e-Pakistan Council (DPC), which is a consortium of over 36 right wing and religious organizations. DPC is one of the movements led by Hafiz Saeed that has united and mobilized followers of different radical ideologies, which Pakistani officials hope will create a force to broker peace between the government and militants. In other words, Hafiz Saeed is seen as a middle-man between the anti-state militants and the security establishment of Pakistan. And for this reason, Pakistan is unlikely to act against or compromise on Hafiz Saeed, despite overwhelming pressure from India, and dossier of evidence suggesting links between Hafiz Saeed and terrorism.
Saeed has successfully maintained his relevance and importance to the establishment of Pakistan, and is now being cultivated as a major political actor who could ensure that the militants disarm, and will negotiate peace on behalf of the establishment. It remains to be seen whether this policy will eventually work, but the fact is that Pakistan really doesn't seem to have any other option to fight the ever growing number of militants. And until this policy fails to bear fruit, Pakistan will have to live with the burden of being blamed for supporting militants like Hafiz Saeed.
Hussain Nadim is a faculty member at the Department of Government and Public Policy at National University of Science and Technology (NUST), in Islamabad. He was previously a Visiting Scholar at the Woodrow Wilson Center in Washington, DC. He can be reached at hnm87@gwmail.gwu.edu
Thursday, March 28, 2013 - 12:29 PM

The Pakistan People's Party (PPP) coalition government is the first in Pakistani history to complete a full term, making PPP well-deserving of the credit many are giving it. PPP receives high marks for its improvements to the constitution, specifically in returning powers to the Prime Minister that were unduly given to the president during Pervez Musharraf's military rule, and devolving powers to the provinces.
But the accolades do not match up with the sentiments of voters. Several pre-election polls indicate that the Pakistan Muslim League-Nawaz (PML-N) will be the clear winner in Pakistan's upcoming general election. The PPP has been hurt by strong anti-incumbency sentiment among the electorate. Apparently, voters do not care that the PPP just made history.
The PPP's record on a host of issues fails to live up to the ambitious framework it laid out in its 2008 party manifesto, a pre-elections document outlining the party's principles and positions on policy priorities. Here we look at successes and failures in two areas - the economy and defense - that have garnered a great deal of attention since the beginning of PPP's term.
Economy
Ask anyone in Pakistan and they will tell you that the PPP did not deliver on its economic promises. However, some basic comparisons of the economy since 2008 show more mixed results.
The PPP did follow through on its promise to lower inflation. In November 2008, just two months after President Asif Ali Zardari's inauguration, inflation rose to a thirty-year high of 25%. At the end of 2012, inflation dropped to 6.9%, the lowest in four years. This doesn't mean that Pakistanis can expect price stability for the foreseeable future. The International Monetary Fund warned that inflation could return to double digits in the 2012-2013 fiscal year because of continued government borrowing from the State Bank. This especially bad habit of the PPP government has had multiple adverse economic consequences; as a result, PPP majorly failed in its promise to ensure sound macro-economic policies.
The PPP has followed through on aspects of its promise to bring progress to the doorstep of the workers, farmers and small businesses. Supported partially by the assistance of multilateral and bilateral donors, the government launched the Benazir Income Support Program (BISP). This initiative distributed more than $1 billion in cash transfers to 3.5 million families in poverty. BISP, combined with higher commodity prices and cash from bumper crops, contributed to the economic boom over the past several years in Pakistan's rural areas, where spending on both consumer products is higher than ever before. However, comparisons of household income during the first three years of the PPP's term show a more uneven growth for the rural poor, with incomes of urban households rising by 1.1% annually while those in rural areas declined by 0.8%.
The 2008 manifesto promised to ensure that energy shortages are eliminated. Under the PPP's watch, Pakistanis experienced some of the worst energy shortages in the country's history. Protests over power cuts turned violent. Senior government officials refuse to pay their personal electricity bills, a practice some government agencies also seem to engage in. The PPP attempted to initiate large-scale initiatives, such as the recently launched Iran-Pakistan oil pipeline and Daimer-Basha dam project, but to no avail. These projects require major capital investments and will take a long time to show results; their inauguration was viewed as more political stunt than genuine attempt to eliminate energy shortages. Other efforts to eliminate energy subsidies and increase fuel prices faced challenges in parliament by both opposition and coalition members.
Defense
The PPP promised to rid Pakistan of violence, bigotry and terror and to ensure a strong defense. But under its watch, persecution of minorities has gone up. In the past year, Pakistan witnessed an unprecedented number of Shia killings all over the country: in Baluchistan, Karachi, Lahore, and the Federally Administered Tribal Areas. The debate over amending the blasphemy law unraveled, leading to numerous instances of violence against Christians who allegedly engaged in blasphemous behavior. Even Pakistan's ambassador to the United States, Sherry Rehman, has been accused of blasphemy.
The PPP's other security problem is the domestic insurgency in northwestern Pakistan, with multiple attempts to negotiate with or pressure the Pakistani Taliban falling flat. In spirit, the PPP does not support persecution of minorities, nor does it have a history of being ideologically soft on militants (in comparison to other political parties). But its unwillingness and inability to challenge the nation's big security demons shows its limitations in a political environment dominated by competing interests. The military's links to sectarian groups in Punjab are well known; it has used them as proxies in its conflict with India. Civilian leaders have been hard pressed to truly challenge such groups, fearing possible backlash from the security establishment.
The PPP should be given partial credit for beginning to normalize security ties with the United States. Regardless of what side you sit on, the cloak and dagger relationship built by former presidents George W. Bush and Pervez Musharraf was politically unsustainable in both Washington and Islamabad. It was only a matter of time before other stakeholders in the relationship angled to get involved. In Pakistan, this was most visible in July 2012 when a parliamentary committee demanded that it review the state of U.S.-Pakistan relations before ending a NATO routes closure that had been triggered by a deadly cross-border NATO attack that killed more than twenty Pakistani soldiers. There was nothing legally binding about the parliamentary review, but the simple act of civilian officials debating sensitive security policy is meaningful on a symbolic level. On Afghanistan policy, the more visible role of Pakistani Foreign Minister Hina Rabbani Khar and Afghan Foreign Secretary Jalil Jilani, especially in conversations with the United States, was also indicative of stronger civilian engagement, if not ownership, on security matters.
But the PPP's strengths on security, few as they were, did almost nothing to win gains against the Pakistani Taliban and its friends, who continue to target the government and its citizens. The ambitions, motivations, and power of these groups are clearly in flux and in many ways getting stronger. No amount of enhanced civilian engagement alone can alter their flight path. Furthermore, any government would have to make similar trade-offs when determining which national security policies to pursue and which ones it knows it cannot influence.
It is exactly this "trade-offs" focused approach, in both security and economic matters, that has limited PPP's implementation of its objectives that it laid out so ambitiously in 2008, meaning its chances of electoral victory are getting smaller by the day.
Shamila N. Chaudhary is a South Asia analyst at the Eurasia Group and a senior fellow at the New America Foundation. She served as director for Pakistan and Afghanistan at the White House National Security Council from 2010-2011.
Wednesday, March 27, 2013 - 11:32 AM

In his compelling account in Foreign Policy of his time working for the Obama administration, Vali Nasr portrays his boss, Ambassador Richard Holbrooke, as an energetic and skillful diplomat whose efforts to begin peace talks with the Taliban were systematically undermined and sidelined by a White House more concerned about domestic politics and more persuaded by the Pentagon's strategy of sending more troops than a strategy of "patient, credible diplomacy". According to Nasr, Holbrooke died literally with the secret to ending the Afghan war on his lips, unheard by Barack Obama, "the president who did not have the time to listen."
It is to Holbrooke's credit as a leader and as a man that someone as passionate and eloquent as Nasr has taken the task of defending his legacy. But is he persuasive? In reading his article, I often found myself drawing exactly the opposite conclusion than he did from the same anecdote. For example, he vents his frustration at Lt. Gen. Douglas Lute, who he says obstructed Holbrooke because Lute "thought he knew Afghanistan better". But since Lute had been covering Afghanistan in the National Security Council since 2007 and had previously served there, he probably did know Afghanistan better than Holbrooke, who was only appointed in 2009. Here, it would be just as easy to perceive Holbrooke as a blowhard, than as the beleaguered victim of a turf war the Nasr portrays. When Nasr describes the "internet start-up" dynamic of Holbrooke's office, with its "constant flow of new ideas, like how to cut corruption and absenteeism among the Afghan police by using mobile banking and cell phones to pay salaries; how to use text messaging to raise money for refugees; or how to stop the Taliban from shutting down mobile-phone networks by putting cell towers on military bases," a reasonable person could be excused for seeing in this frenzied creativity a lack of focus and a dissipation of energy that might be fatal to a complex diplomatic endeavor, rather than the laboratory of the solution to Afghan stability that Nasr implies.
For Nasr, Holbrooke had the diplomatic solution to the Afghan war, but he was actively undermined by the administration in pursuing it. My problem with this thesis is that there was an area where Holbrooke did have carte blanche to use his diplomacy, and in my view he used it rather badly. That area was the 2009 Afghan presidential election.
In 2009, I was the Special Assistant to Kai Eide, the Special Representative of the UN Secretary-General and the head of the UN mission in Afghanistan (UNAMA). I already had some experience in the Afghanistan. I had first visited Afghanistan in 1994 for a French NGO. I returned in 1995, when I spent a year running a humanitarian project for the same NGO, and returned again in the summer of 1997 to do research. From 2001 to 2011, I worked almost exclusively on Afghanistan for the UN, and had been part of the UN team that set up the 2004 elections. By 2009, when I went to Kabul to work for Eide, I had some knowledge of the country, its recent history, and its elections.
Before meeting Holbrooke, I knew of him only by his reputation: he had negotiated Dayton, he was close to Hilary Clinton, he had visited Afghanistan several times, he thought outside of the box, and he attracted talented staff-all of these qualities that Nasr describes very well. In sum, I had an open mind and I looked forward to what his reputed talents might bring to the Afghan imbroglio, which was becoming increasingly complex as the presidential election approached. We knew that 2009 would be a complicated year and the various parts of the international community in Afghanistan would have to work closely together to get through the election in particular.
It was therefore surprising, in terms of the US-UN relationship, that shortly after his appointment Holbrooke made disparaging public remarks about Eide's leadership at the annual Munich security conference. Eide, who read them in the press in Kabul, complained immediately to Secretary of Defense Robert Gates and National Security Advisor Jim Jones (with whom he had excellent relationships). They passed them on to Clinton who apparently spoke to Holbrooke. A phone call was set up between Eide and Holbrooke to smooth the waters, but it ended very badly, with the conversation heating quickly and both men hanging up on each other.
A few days later Holbrooke came to Kabul. Holbrooke clearly had no intention to "reset" his relationship with Eide. His first comment on meeting Eide was, "When does your contract expire?" As an observer, I tried to discern the logic in Holbrooke's antagonism. It only made sense, I thought, if Holbrooke was sure he would be able to get rid of Eide, which is what we suspected that he wanted. But until he achieved that, why wouldn't he try work with Eide? After all, Eide had a trustful relationship with Karzai, close relations with most of the cabinet, and was in charge of a formal mandate to support the upcoming presidential election. According to Nasr, Holbrooke practiced "the type of patient, credible diplomacy that garners the respect and support of allies." What I witnessed was an impatience and lack of respect that alienated allies.
When I look back, it strikes me that Holbrooke didn't really have a plan to get rid of Eide. Instead he substituted his will for a strategy, then acted as if he had already accomplished what he had sought when he clearly had not. By doing so, he sidelined allies without removing his enemies.
Never mind the failed removal of Eide, what about Karzai? Holbrooke gave every impression that he wanted to use the 2009 election to unseat Karzai. Holbrooke's second question to Eide during that breakfast meeting was who he thought would be a viable alternative to Karzai. (Eide chose not to respond.)The method he selected was to persuade a number of prominent Afghan politicians to run against the incumbent. This strategy became an open secret and a running joke among politicians in Kabul. In his book about his time in Afghanistan, Eide recounts meeting then-Vice President Ahmad Zia Massoud at a social event. Eide asked how he was and Massoud responded that he was lonely. "I must be the only person in Kabul whom Holbrooke has not invited to challenge Karzai for the presidency," he said.
Holbrooke's decision to encourage a variety of candidates to run was undoubtedly motivated by Afghanistan's two-round electoral system, which requires a candidate to win 50% of the votes in the first round, or the top two vote-getters face of in a second round. Holbrooke surely calculated that a large number of first round candidates would be likely to siphon votes from Karzai, making it more difficult to reach 50%. This was good as far as the political arithmetic went, but it missed several factors that were critical to the Afghan context. First, potential Karzai opponents wanted to be the candidate blessed by America-they wanted to be Queened by America, not to be a pawn among pawns in a grander U.S. strategy to bring Karzai below 50%. Pawns, after all are easily sacrificed once they've fulfilled their purpose. And once these candidates realized that Holbrooke was making the same deals with rivals, some of the more serious ones dropped out. Second, Holbrooke underestimated Karzai's real strength. Just because he didn't like him, and just because many Afghans were clearly frustrated with their president, didn't mean that they wouldn't vote for him in the end.
Again, as with his antagonism toward Eide, I was left wondering whether Holbrooke had a plan, a strategy based on a serious reading of ground truths with options for action based on different scenarios. Or was this like the cell phone towers and the text messaging for refugees-just part of the constant flow of new ideas?
Once it was clear that Karzai would get the most votes, the objective changed: instead of getting rid of Karzai, it became desirable for Karzai to not win the first round, and go to a run-off instead. Two days after the election, Holbrooke, then-U.S. Ambassador Karl Eikenberry, and a few advisors came to breakfast at Eide's Kabul residence. The discussion was mostly about how to plan for the release of the election results, the need to avoid statements that were not founded in actual facts, and so forth. Everyone agreed that no public comment should be made until the official results were out. Holbrooke, nonetheless, argued that given the fraud, the election had to go to a second round to ensure the legitimacy of Karzai's win. Eide warned him not to raise that with Karzai, whom Holbrooke was scheduled to see later that day. "You have to understand that he sees you as someone trying to get rid of him," Eide cautioned. Holbrooke dismissed the warnings with a joke. He and Karzai were the best of friends now, he said.
But during his lunch with Karzai, Holbrooke ignored Eide's advice and mentioned the need for a second round. Karzai was understandably apoplectic. Most of the votes were still being counted. Hardly any preliminary results had come in. Yet Holbrooke was already dictating what outcome would be legitimate and what would not. This seriously damaged an already patchy relationship. An election needs winners and losers, but if it is to serve its political purpose, an election cannot be a means of humiliation.
This controversy was soon overshadowed by what became the real story of the election, the massive fraud that had taken place, which as Sarah Chayes pointed out in her article on Nasr's piece , was dismissed by Holbrooke in the run-up to the elections. While the fraud prevention measures set in place by the Independent Electoral Commission (IEC) had failed, the detection measures had worked. What remained were the mitigation measures. Getting them to work was an incredibly painful process that required much negotiation, cajoling, pressure, and creativity on the part of the international community working with the electoral institutions, some that were more cooperative than others.
The four month-crisis that followed the election began with a courageous order from the Electoral Complaints Commission (ECC) to the Independent Election Commission (IEC) to reinstate the fraud triggers it had suspended-in other words, to set aside the votes that were deemed to be tainted by fraud. Weeks of negotiations were spent to get the IEC and the ECC to agree to the terms of an audit of the fraudulent votes. Then both campaigns had to be convinced, and the audit's methodology painstakingly explained and defended. When the audit was completed, and the results showed Karzai was below 50%, it took several weeks for Karzai to be convinced that the audit was correct. Every day brought winter closer, and the time in which a second round could be held became shorter. The role of the international community in the audit was crucial, as was its role in keeping the main parties engaged in the process. Eide, in particular, played a central role, and was even able to broker a meeting between Karzai and his primary challenger, Dr. Abdullah Abdullah to see if, face-to-face, they could find a solution (they couldn't). But Holbrooke's actions had taken away or dulled many of the tools needed to solve the crisis. Eide's credibility was badly damaged by his public disputewith Peter Galbraith over how to handle the electoral crisis (Holbrooke had pressured the UN Secretary-General to appoint Galbraith, an old friend, as Eide's deputy a few months before). The U.S. embassy in Kabul had been undermined by Holbrooke's positions. The entire international community was under suspicion by Karzai.
I remember when the crisis finally reached its resolution. I was sitting with Eide and Tom Lynch, a member of the UN election team, in Eide's residence. He was waiting for a former Taliban to arrive for a meeting. Just before his visitor was due to arrive, Eide received a phone call from Eikenberry. "Come to my residence immediately. I think we have news." Eide did not want to stand up the Taliban, so he told Lynch and me to represent him. Eikenberry was there, along with the French and British ambassadors and a few embassy aides, waiting expectedly.
But the person who walked into the room a few moments later, saying that after several long nights of negotiation he had convinced Karzai to accept the second round, was not Holbrooke. It was John Kerry. Senator Kerry, while visiting Kabul that week, had managed to earn Karzai's trust. Karzai asked him to extend his stay while the negotiations over the elections continued. Kerry had become an accidental diplomat, but he played his unexpected role with great skill. Holbrooke, the professional diplomat, had spent all his powder in the early stages of the game. I have no idea where he was when the great Afghan electoral crisis of 2009 was finally resolved, but he was nowhere near the action in Kabul.
It is not surprising that, in his defense of Holbrooke, Nasr focuses on reconciliation - a negotiated settlement with the Taliban. This was the great "what if?" In his defense of Holbrooke, Nasr writes that Holbrooke, just before his death, had "found a way out that just might work", but refused to tell his wife "until he told the president first". Then, of course, he died, taking his McGuffin with him. This is amateur movie plotting, not political analysis.
Obama is a convenient scapegoat for the failed reconciliation effort, and on that Nasr makes a strong case. But there is no scapegoat for Holbrooke's election strategy. Nobody in the White House or the military stood in his way. It was his strategy, which he designed and implemented, on which he took forceful decisions. And yet the end result was to contribute to creating a crisis whose effects still linger. Every time a member of the international community raises with Karzai a legitimate measure that might ensure a better 2014 election, Karzai mentions Holbrooke, and everyone backs off.
Nasr's Holbrooke was a champion of diplomacy. I would argue that his significant talents were less those of diplomacy, and more those of a gifted translator of American power. Diplomacy requires the navigation of hostilities, the building of alliances, and the seeking of leverage. It is more than a pro-consul-like projection of power, even if that power is projected with intelligence and stubbornness, and appears to achieve results. Both the cynical and the serious definitions of diplomacy emphasize the need to often convince actors to act against what they perceive as their best interest, either by deceit (Sir Henry Wotton: "a diplomat is an honest man sent abroad to lie for his country"), distraction (Will Rogers: "diplomacy is saying ‘nice doggy' until you find a rock"), or deception (Daniele Vare: "diplomacy is the art of letting the other party have things your way"). All of these involve subtlety, calculation, strategic clarity, and the husbanding of alliances. Those were the skills called for during the 2009 election. In Holbrooke's way of operating throughout that event, I saw something closer to the opposite of those skills.
The pity is that, if America is indeed weakening-which is Nasr's larger thesis-it will need much more classical diplomacy and much less Holbrookean bluster. But as long as Holbrooke is held up as the model American diplomat, our foreign policy will seem increasingly like empty thunder, and then we'll know what weakness really means.
Scott Smith has covered Afghanistan for many years with the United Nations, including as a special assistant to the head of the U.N. mission there in 2009 and 2010, and is the author of Afghanistan's Troubled Transition: Peacekeeping, Politics and the 2004 Presidential Elections. He is also an adjunct professor at Columbia's School for International Public Affairs. The views expressed here are his own.
Tuesday, March 26, 2013 - 12:22 PM

Last Sunday afternoon, Pakistan's leading English daily newspaper, Dawn, published headline news of the arrest of a militant tied to Lashkar-e-Jhangvi (LeJ), a domestic sectarian militant group: "Former LeJ chief involved in Daniel Pearl murder arrested in Karachi." The article trumpeted the arrest as "yet another success" of "security forces" in their "ongoing targeted operation against militants and lawbreakers in Karachi."
The story made its way around the world, landing on CNN within two days. The New York Times declared: "Suspect in Daniel Pearl killing is arrested in Pakistan."
Most certainly, the news that Pakistan's elite Rangers force arrested Pakistani militant Abdul Hayee is important. He has a long criminal record, linked to bombings, sectarian assassinations against Shia targets and domestic mayhem. U.S. President Barack Obama, the Justice Department, and the State Department should press for Hayee to be prosecuted.
But as important as Hayee's prosecution, is understanding the events that precipitated his arrest, and recognizing that amidst the drawdown of U.S. forces in Afghanistan we must put a magnifying glass to militancy in Pakistan on the street, village and individual level. The case of Abdul Hayee is illustrative of Pakistan's failure to adhere to the rule of law in any meaningful, sustainable way.
Hayee was arrested before, in 2003, and presumably released. On May 29, 2003, Dawn, the same Pakistani English daily that trumpeted Hayee's arrest last week, reported, "Terrorism convict arrested," chronicling Hayee's arrest. A few days later, The News, another English daily, reported with the headline, "Pearl kidnapping suspect appears in Pakistan" that Hayee had been charged. A detailed report by the United Nations Higher Commission for Refugees chronicled Hayee's arrest and disappearance from public record.
This cat and mouse game has become business as usual, described by one U.S. official as "catch-and-release, catch-and-release." For those who have watched the case closely, who have lived with it for years, there are many vexing questions: Did Pakistani forces secretly have Hayee all along? Are they going to prosecute? If so, why now? Why not the first time they picked up him? If they do, will they actually get a conviction? Or is there something even more unsettling going on? Is this an effort to release Omar Sheikh, the mastermind of the scheme to trap Pearl, convicted to death but his case pending appeal?
In a hyperbolic exaggeration of Hayee's role, the Pakistan Press Foundation reported that Hayee was the "mastermind" of Pearl's murder. But it seems that the news of Hayee's arrest is meant to influence as much as inform, to borrow from a concept used by intelligence analysts. Hayee wasn't directly involved in Pearl's murder, as the headlines suggest, but rather had a cameo, bit role in the kidnapping that amounted to a quick sighting of Pearl as he arrived at the compound where he was held, and then a shopping trip to a local flea market to buy the odd track suit Pearl's kidnappers made him wear.
In "The Truth Left Behind," a report published in early 2011 by the Pearl Project, a faculty-student investigative reporting project at Georgetown University, we found that 27 men were allegedly involved in Pearl's kidnapping and murder; of them only four were convicted, while others were killed in extrajudicial shootings or held in detention, and 14 remained free. Among them: Hayee. In a detail that Pearl would have appreciated, Hayee's trail leads back to a secret meeting with militants involved in the kidnapping at a popular Karachi hangout: Snoopy Ice Cream Parlour.
In the spring of 2008, we obtained a copy of a 5-page Pakistani police report, written in Urdu, detailing Hayee's involvement in Pearl's kidnapping. The police report reveals a very detailed profile of Hayee as one of Pakistan's many "sons of darkness," as journalist Massoud Ansari calls them, born in the 1960s and 70s with roots in the northeast Punjab Province heartland, where radicalism is often fostered by an austere interpretation of Sunni Islam called Deobandism.
The men came of age in the 1980s just as Afghan fighters, fueled by their Islamic fervor and covert aid from Pakistan and the United States, were defeating the mighty Soviet military. After the Soviet withdrawal in 1989, Pakistan's Inter-Services Intelligence Directorate (ISI) tapped the new Islamist fervor in Pakistan to create militant groups such as HUM (Harkat ul-Mujahideen), LeJ (Lashkar-e-Jhangvi), JeM (Jaish-e-Mohammed), SSP (Sipah-e-Sahaba Pakistan), HUI (Harkat-ul-Islamiya), and LeT (Lashkar-e-Taiba), based in Punjab Province, as proxies in Pakistan's war against India for the state of Kashmir. Through the 1990s, Hayee crisscrossed Pakistan into Afghanistan, training other militants, plotting attacks on members of the Shia minority and recruiting new members.
Many of the young men involved in Pearl's kidnapping had joined these groups and trained at Afghanistan-Pakistan border camps tied to Pakistan's spy agency, the ISI, and were drawn to the radical views of the Taliban fighters who subsequently took control of Afghanistan. In an ironic twist of events, it was the ISI's public affairs arm that confirmed Hayee's arrest to reporters this week. Hayee's group, Lashkar-e-Jhangvi, is now considered part of a loose collection of militant groups dubbed the "Punjabi Taliban."
Now in their 30s and 40s, these militants are eager foot soldiers and officers in what some regard as a growing industry, ‘Jihad Inc.', many of them living in dicey Karachi neighborhoods, such as Nazimabad and Gulshan-e-Iqbal, both neighborhoods that Hayee called home in the police report.
The details of the kidnapping chronicled in our Pearl Project report reveal these networks of trusted relationships through which militants such as Hayee operate. In January 2002, living in Karachi, Hayee got a call from Attaur Rehman, another young terrorist king pin. He and other militant buddies hailed from the same Nazimabad neighborhood that Hayee had called home. Rehman had taken over as amir of LEJ in Karachi when Hayee traveled to Afghanistan, according to the police report.
Rehman told Hayee to arrive at a compound where an "American journalist" was to be held. The journalist: Pearl. He had arrived in Karachi to conduct an interview. But it was actually a trap set by the mastermind of the kidnapping, Omar Sheikh, a Pakistani-British London School of Economics dropout who had been bitten by the jihad bug, prompting him to join Harkat ul-Mujahideen in the early 1990s, heading to India where he was arrested in 1994 for kidnapping tourists, including an American. (In 1999, India freed him in exchange for passengers on hijacked Indian Airlines Flight 814.)
Rehman and Hayee were old acquaintances; they had collaborated on a 1998 attack against Iranian engineers, according to the police report. After checking out the compound, Rehman told Hayee to meet him after the sunset prayer called maghrib at Snoopy Ice Cream. The two militants ate ice cream as they waited for their co-conspirators to arrive. "A red car arrived, most probably an Alto, in which there were two people and the other was the driver who was recognizable but don't know the name," Hayee said in the police report. "He had a long beard, they got ice cream and left. We also left after them." Police suspect that Pearl was also in the red car that showed up outside the Snoopy Ice Cream parlor.
From another suspect's police report, the Pearl Project established that soon after arriving at the compound, Rehman told his underlings, "The guest is coming. Get ready." Rehman took two Russian-made TT-30 semiautomatic pistols from a side compartment of his Hero Honda C-70 motorcycle, giving one to a guard and keeping the other. He turned to one of the men, Fazal Karim, a low-level militant with five daughters, and told him to watch the gate and open it as soon as a car arrived.
"Soon after that, the journalist's car came in," Hayee is reported to have said in his police report.
When the red Suzuki Alto pulled up, Pearl was in the front seat. Karim opened the gate. Rehman opened the front door and led Pearl out of the car, holding him, according to the police report, "by his neck and in the other hand held the pistol." Hayee stood nearby.
Hayee said the militants "took the journalist at gunpoint to the room where everyone undressed him and searched his belongings completely." The red Suzuki "left right away." Rehman "picked up Daniel Pearl's belongings," Hayee said. According to other suspect reports, Rehman told Pearl to take off his clothes and hand over his belongings, including his camera, tape recorder, mobile phone, wristwatch, glasses, glasses case, wallet, four to five mobile phone cards, shoes, and a Citibank credit card. Pearl complied. Rehman asked Pearl what he wanted to eat. The guards suggested a hamburger, according to another suspect report.
Together, Hayee and Rehman went to a neighborhood called Sohrab Goth. From the flea market there, they "got clothes, beddings, food to eat," the police report said. Then he said: "I left for home."
And that appears to have been the extent of Hayee's involvement. It might be in Hayee's interest to minimize his role in the kidnapping, but his chronology is collaborated by the police reports of other suspects.
Later, Attaur Rehman and Faisal Bhatti, another alleged militant also involved, came to Hayee's house, he said, and told him: "We have completed Daniel Pearl's job."
Hayee's story demonstrates how militants make a career out of terrorism. During his interrogation, Hayee told police he had been considering a few other terrorist attacks. With regard to one of these, he said he met with a colleague, "Asif," at a mosque called Baitul Mukarram in Karachi "to make plans against Americans." Hayee and Asif knew that containers destined for American troops in Afghanistan would be passing through Pakistan. The plan: "Snatch the containers near Afghanistan, fill them with explosives, send a suicide bomber inside, and let him explode at the designated spot."
Police also tied Hayee to bombs sent to police officers in Karachi in 2003.
As the Pearl Project showed, this single arrest of Abdul Hayee won't be enough. Pakistan needs to prosecute all of the 14 men allegedly involved in Pearl's kidnapping, and it needs to shut down, dismantle and destroy the "jihad factories," as one regional security expert calls them, that created them and support them today. In a prescient article published in the last days of December 2001, after reporting in the city of Bahawalpur in south Punjab, home to many militant groups, Danny Pearl himself cast a jaundiced eye at the announcement of the arrest of 50 "extremists or terrorists," noting that despite Pakistani government claims that the offices of extremists had been shut down, "posters praising holy war still hung inside."
In an email, Pearl told his mother about the article he'd just written on the militancy in Pakistan, still alive, and, knowing any mother's normal worries for her child, cautioned her: "Don't freak out too much about my story in today's paper."
Asra Q. Nomani is a former Wall Street Journal reporter and the co-director of the Pearl Project. Kira Zalan is an associate editor at U.S. News & World Report and former Pearl Project fellow. Barbara Feinman Todd is Georgetown University's journalism director and the co-director of the Pearl Project.
The Pearl Project was funded by the Ethics and Excellence in Journalism Foundation. Pakistani police reports were translated from Urdu to English by Sajida Nomani and Dr. Zafar Nomani, translators for the Pearl Project.