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

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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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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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