Tuesday, June 23, 2020

The US-Taliban Deal: A ray of hope for the battered Afghans

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Aditi Mohta

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The US-Taliban Deal: A ray of hope for the battered Afghans

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Global Views 360

Publication Date

June 23, 2020

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US Secretary of State Michael R. Pompeo participates in a signing ceremony in Doha, Qatar, on February 29, 2020

US Secretary of State Michael R. Pompeo participates in a signing ceremony in Doha, Qatar, on February 29, 2020 | Source: U.S. Department of State  via Wikimedia

On 11 September 2001, the attacks on the World Trade Centre and Pentagon in America killed over 3000 people for which Osama Bin Laden, the head of Al-Qaeda, claimed responsibility.. Osama Bin Laden was based in Afghanistan during this attack and was protected by the government of the day which was run by the radical Islamist group Taliban. Even after the repeated demands from the USA government, Taliban refused to hand over Osama bin Laden to the USA. 

George W. Bush, the president of America at that point of time, announced the first airstrikes against Afghanistan on 7 October 2001. As other countries joined in, the Taliban were quickly removed from power and a new pro-western government was installed. The new government, however, was never able to run its writ over the whole country. The Taliban regrouped and started gaining influence in the vast rural areas and continuously attacked the US-led international military coalition as well as Afghan forces. From that point onward, the U.S. and its allies have battled to stop Afghanistan's administration crumbling and to end attacks by the Taliban. 

After more than eighteen years of war in Afghanistan, on 29 February 2020, the United States and Taliban signed a peace deal which was the first step in ending the war. The agreement was signed in the Qatari capital Doha between Talibani political chief Mullah Abdul Ghani Baradar and U.S. special envoy Zalmay Khalilzad. The U.S. Defence Secretary Mark Esper said that signing of the accord would be a good step to end the war, the road ahead would not be secure. There would be a full withdrawal of all U.S. and coalition forces from Afghanistan within 14 months since the signing of the deal. The Taliban promised to cut ties with Al Qaeda and keep fighting the militant Islamic State group.  

What is in the peace agreement?

The peace agreement was signed after nine rounds of discussion and it contains four main points: cease-fire, withdrawal of foreign forces, intra-Afghan negotiations, and counter-terrorism assurances. 

  1. Cease-fire: The negotiators agreed to a temporary reduction in violence. They said that a permanent and comprehensive cease-fire will be an item on the agenda of the intra-Afghan dialogue and negotiations. 
  2. Withdrawal of foreign forces: Within the first 135 days, the U.S. will reduce its troops in Afghanistan from roughly 12,000 to 8,600, along with the allies of the U.S. also withdrawing their forces proportionately. If the Taliban follows through all the commitments that in the peace deal, all the U.S. troops along with the allies' troops will leave Afghanistan within fourteen months. 
  3. Counter-terrorism assurances: The United States invaded Afghanistan after the 9/11 attacks, mainly to eliminate the threat of terrorism and halt terrorist activities in the country. As a part of the agreement, the Taliban guaranteed that Afghanistan would not be used by any of its members or terrorist groups to threaten the security of the U.S. and its allies. 
  4. Intra-Afghan negotiations: The reason behind the intra-Afghan talks is to bring together negotiators from the Taliban and Afghan government. The peace deal also calls for an exchange of prisoners before the intra-Afghan negotiations. The intra-Afghan talks which were supposed to take place in March 2020, have been delayed. 

Challenges to the peace deal

While this deal can be seen as a stepping stone towards a more comprehensive agreement, many difficulties may come in the way. 

The United States and the Taliban had consented to the arrival of up to 5000 Taliban prisoners in return for up to one thousand Afghan security forces. However, the Afghan government said that it had not agreed on such an exchange. The process can become difficult due to a weak central government along with ethnic, tribal and sectarian differences. At the same time, many people say that the Taliban has gotten more than it gave up. 

Through the deal, the Taliban got their primary wish: removal of American troops from Afghanistan. Yet, they had failed to be specific about the civil rights that they had repressed when they were in power. The insurgents pledged to keep international terrorist groups like Al Qaeda from using Afghanistan as their base for attacks. 

The United States promised to work towards the gradual removal of Taliban leaders from the sanction blacklists of America and the United Nations. At the same time, the experts say that the Taliban is stronger than ever at this point. It controls many districts throughout the country and continues to launch significant attacks including in Kabul and on Afghan security forces. 

The peace process is also faced by the problem of the illegal drug trade. According to Afghan officials, more than 20 terrorist groups still operate inside the country, which is another threat to the deal. By signing the agreement, the U.S. and the Taliban state their commitment to reduce violence and not attack each other. What remains a worry is how much and how long the Taliban will hold fire on Afghan security forces before the cease-fire is finally reached in Afghan negotiations.

Sources that were used:

  1. https://www.nytimes.com/2020/02/29/world/asia/us-taliban-deal.html
  2. http://diplomatist.com/2020/05/16/us-taliban-peace-deal-and-its-implications-for-central-asia/
  3. https://www.aljazeera.com/indepth/interactive/2020/02/war-afghanistan-2001-invasion-2020-taliban-deal-200229142658305.html
  4. https://www.bbc.com/news/world-asia-51689443
  5. https://www.dawn.com/news/1529415
  6. https://www.cfr.org/backgrounder/us-taliban-peace-deal-agreement-afghanistan-war
  7. https://www.aljazeera.com/news/2020/02/afghanistan-taliban-sign-deal-america-longest-war-200213063412531.html
  8. https://www.dawn.com/news/1537384
  9. https://www.washingtonpost.com/context/u-s-taliban-peace-deal/7aab0f58-dd5c-430d-9557-1b6672d889c3/?itid=lk_inline_manual_3

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February 4, 2021 4:57 PM

India’s Transgender (Protection of Rights) Act: Why the activists are opposing it?

On July 13, 2020 the Ministry of Social Justice and Empowerment of India notified the release of draft Rules for the much-disputed Transgender (Protection of Rights) Act 2019, and has given citizens 30 days to submit suggestions and objections.

The Ministry first published the draft Rules on April 18, 2020 and asked for comments by April 30, later extended to May 18. Based on the central government’s consideration of the submitted feedback, the updated Rules were once again opened to critique.

As summarised in this analysis by PRS Legislative Research, the Rules lay out the detailed process regarding issuance of Certificate of Identity, and welfare measures, medical facilities and such for transgender people. It also specifies that the National Institute of Social Defence will act as secretariat for the National Council for Transgender Persons.

Analysis

  1. The Act is infamous for claiming to confer the right to self-perceived gender identity, which is also enshrined in the National Legal Services Authority (NALSA) vs. Union of India judgement, but continuously neglecting this right thereby going against both a Supreme Court judgement and its own statement.
  2. This manifested once again in Rule 4 of the first draft of Rules which required a psychologist’s report— while paradoxically insisting that it requires “no medical examination”— as part of the application process. This requirement was removed from the recent draft of the Rules after backlash.
  3. Also, as stated in the Act, it is the District Magistrate who will determine the final “correctness” of the application, essentially stripping transgender people of any supposed right to self determination. It is worth noting that this places the District Magistrate, an executive figure, in a judicial position, one of ‘judging’ the ‘authenticity’ of a person’s gender identity.
  4. The above mentioned application will only provide a Certificate of Identity that states a person’s gender identity as transgender. To be able to apply for a revised Certificate of Identity to change one’s gender to male/female as per Rule 6, a person must undergo gender reassignment surgery and on top of that provide a certificate stating this from the Medical Superintendent or Chief Medical Officer from the medical institution which facilitates the surgery.
  5. This is problematic for a large multitude of reasons, including but not limited to: many transgender people not feeling the need for medical or surgical intervention, the policing of transgender people’s identity as only being ‘valid’ if they undergo surgery, and the sky-high costs of surgery contrasted with large numbers of transgender people living in unsupportive environments and/or being unable to finance their surgery.
  6. The right to self-identification continues to be blatantly violated in Rule 8, under which a District Magistrate can reject an application, following which the applicant has a right to appeal the rejection only within 60 days of intimation of the same, as stated in Rule 9.
  7. The right to self-determination was also thrown out the window when the first draft Rules imposed a penalty on “false” applications, once again referring to the arbitrary power of the District Magistrate. This has also been removed following strongly negative reactions.

It is important to compare the two versions of the Rules despite the second one being arguably better and cognizant of some of the demands made by the citizens and other stakeholders.

The first version of the Rules quite clearly depicted the narrowly cisnormative perspective through which transgender lives are seen by the people in power. Despite the many changes as a result of relentless protests, the Act is nowhere near to truly respecting and empowering transgender people.

The decision to give the final say to the District Magistrate- which some argue made the process harder than it used to be before the Act- and the refusal to provide affirmative action or reservations to ensure representation in positions of authority that transgender people have historically been denied access to.

It also does little to counter discrimination, as is seen most clearly in the punishment of sexual assault and rape being much less than for the rape of a cisgender woman. It advocates for plenty of measures but does pitifully little to ensure or enable these changes.  

History of the Act

The history of the Act is a turbulent one. The 2016 Transgender (Protection of Rights) Bill, was almost immediately slammed by activists, NGOs, other human rights organisations, and citizens, for multiple reasons.

The most derided was the provision to set up a ‘District Screening Committee’ which included the District Magistrate, a chief medical officer and a psychiatrist among others, for the sole purpose of scrutinising a transgender person’s body and identity. It also criminalised organised begging, an activity specifically common among the Hijra community.

The Lower House of the Parliament, the Lok Sabha, rejected all the proposed changes by the parliamentary standing committee along with the demands of the transgender community, and passed the bill with some amendments in 2018. A short-lived victory came in the form of the lapse of the bill due to the 2019 general elections.

However, as soon as the NDA government was re-elected, the bill was reintroduced in the Parliament with some more changes, particularly the removal of the section on District Screening Committees, but was still unsatisfactory.

The full text of this bill was not released when it was approved by the Union Cabinet on July 10, 2019, but on the morning that it was tabled in the Lok Sabha, garnering another consecutive year of protest since it was first introduced.

This is the bill as it exists today, having been passed by the Lok Sabha on August 5, 2019. When the motion to refer it to a select committee failed in the Rajya Sabha, it was passed on November 26, 2019, and received presidential assent on December 5, 2019. Recent developments include a writ petition in the Supreme Court challenging the validity of the Act.

Despite it becoming the law of the land, transgender citizens and activists such as Esvi Anbu Kothazam and Kanmani Ray continue to criticse it and the insidious transphobic thinking that has always guided it.

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