Displaying items by tag: Afghanistan
THIS is the second time the Taliban formed a government in Afghanistan. They were in office for five years (1996-2001) at the end of the Mujahidin political turmoil and came to power peacefully like they did after Ashraf Ghani fled to Dubai on Aug 15.
The old Taliban government was credited for two things: establishing security and eradicating opium cultivation and trade. They were also discredited for their prejudice against women and obsession with beards and clothes.
As an insurgent group, they had fought for 20 years to oust foreign occupiers and implement syariah law. They have thrown out the Americans and formed an Islamic emirate to implement syariah law.
Questions, however, remain about their understanding of syariah, whether doctrinaire or more pragmatist.
Syariah provides space for social customs and management styles through siyasah shar'iyyah (syariah-oriented policy), which has enabled rulers to issue syariah-compliant decrees, nizam, firman, etc.
Later, they announced that the Taliban government will be participatory. The caretaker government, however, only consisted of themselves.
The Taliban's somewhat sudden takeover had alarmed the international community.
No country has officially recognised the Taliban government even after two months, despite all the friendly noises they made about being keen to forge friendly relations with all countries.
Pakistan, the Taliban's main sponsor, has yet to give it official recognition. The Americans left Afghanistan abruptly, perhaps to cause turmoil in Kabul, which it did, thus ending their occupation.
All this is reflective of a bad ending. In the 20 years of American occupation, the security situation and poverty in Afghanistan went from bad to worse. The streets of Kabul were no longer safe and beggars were seen everywhere.
Drug addiction, which was not an issue in the country before, skyrocketed in that time. So did official corruption. This was also the assessment of Afghan discussants at a panel organised by the Kabul Noor TV network recently.
Ghani once jokingly said at least half of the national budget was being devoured by corrupt officials in the Finance Ministry. He himself allegedly stole an incredible US$169 million when he disgracefully fled Kabul with plane-loads of US dollars.
Someone with a military rank was recently alleged by the Taliban to have helped Ghani with his quick looting and robbery of Afghan banks. A month later, when Ghani announced in Dubai that he wanted to return, the Taliban set one condition: return all the stolen money.
With the Taliban back in power, there was an exodus of affluent people to foreign countries, mainly Pakistan and Europe. The Taliban are short of funds, yet the United States government refuses to return close to US$10 billion of Afghan assets.
The Kabul financial market declined as a result and banks stayed closed in the first week of the takeover. Though some opened later, they were still inactive.
The Americans seem to have given up on Afghanistan, just as the Taliban turned east over the support shown by the non-participation of Americans at the Moscow conference and the fundraising this month by 10 countries, including Afghanistan's neighbours.
This was followed by the European Union announcing €1 billion in aid to avert a humanitarian disaster in Afghanistan.
The Taliban do have grassroots support, mainly due to their Islamic credentials and relatively cleaner record on official corruption. Yet, their prejudice against women and the Shia and poor human rights record erode their popularity.
The Panjshir opposition under popular leader Ahmad Massoud has apparently subsided, but a new resistance front made up of civil society notables, including Marshall Dostam, Ata Mohammad Nur, Hossein Qanuni, Mohammad Muhaqqiq and Ishaq Gailani, seems to be brewing.
Their main purpose is political opposition, especially against the Taliban's lack of engagement with political and civil society groups.
Afghanistan's neighbours have shown willingness to join fund-raising efforts to avert a much-feared economic collapse and to prevent more refugees from fleeing to their countries.
The international community's hitherto hostility towards the Taliban has been deemed by Taliban spokesmen to be groundless as they only wish to build good relations with others and lay the foundations for good governance.
They have also appealed to the people for support. Yet, it seems that unless the Taliban begin to act on what they say, promises alone are not likely to have any impact.
Their future, it would seem, is largely in their own hands — at least for the time being.
Mohammad Hashim Kamali is founding chief executive officer of the International Institute of Advanced Islamic Studies Malaysia.
Published in: The New Straits Times, Thursday 28 October 2021
A prominent Malaysia-based Afghan Muslim scholar has advised Putrajaya to practise cautious optimism amid mixed signals from the recent return of the Taliban in Kabul, some 20 years after the ulta-purist religious movement was ousted in the aftermath of the Sept 11, 2001 attacks.
“Malaysia will be interested in trade relations but political developments will take time. However, an early show of interest in recognition will make a big favourable impact on the Taliban,” Hashim Kamali, who heads the International Institute of Advanced Islamic Studies in Kuala Lumpur, told MalaysiaNow.
He was asked for a response on the return of what many have called the Taliban 2.0, as speeches from the group’s top leaders suggest that they are shedding some of the controversial interpretations of Islam that characterised their rule in the late 1990s.
At the peak of their power, the Taliban imposed tough restrictions on women including a ban on their formal education.
In 2001, months before they were ousted by US forces who accused them of protecting Al-Qaeda leader Osama Bin Laden, the Taliban regime earned international condemnation for destroying the historic Buddhas of Bamiyan, the sixth-century statues in central Afghanistan, on the assertion that retaining the monuments was a form of idol worship and un-Islamic.
The Taliban were the product of the post-Soviet invasion in Afghanistan, made up of students (talib) educated in traditional religious schools and whose pioneers were involved in the 10-year armed struggle against Soviet forces.
Despite statements indicating that the current group of Taliban leaders could be “gentler” and more moderate, there is little expectation that they have changed in their interpretation of the shariah.
Kamali, who was part of the Constitution Review Commission of Afghanistan in 2003 and a consultant appointed by the United Nations on constitutional reforms in the country, said while the world could expect differences in terms of approach and administration, the group’s basic ideology, especially on Islam and shariah, remained the same.
He said statements from top leaders only indicated that the group was out to seek international legitimacy of its rule.
“There are signs that the Taliban will put in place a civilian administration and not the mullas, so to speak,” he added, pointing to an assurance that all government functionaries would be retained as well as the Taliban’s offer of a general amnesty.
Kamali said while some semblance of normalcy and stability would be welcomed by Afghans, many were apprehensive at the memory of the Taliban’s past atrocities, especially their “killing sprees in recent months and years”, he added.
Herizal Hazri, who heads think tank Institute of Strategic and International Studies, agreed, saying the Taliban would need international recognition to remain in power.
“They must also realise that they need to join the world’s economy if they want to develop the country and maintain the image that they can uplift the living standard of Afghans.”
Kamali meanwhile does not think that the rise of the Taliban will have any effect on Malaysia’s Islamic movements, despite some voices seen as sympathetic towards the group.
“The Taliban do not seem to have had close ties with the Islamists groups of Malaysia. Malaysia is fairly secure with a strong government that is alert to such developments,” said Kamali, an expert on Islamic jurisprudence who has written close to 50 books.
For Herizal, the Covid-19 pandemic would minimise problems posed by extremist groups, although he said the possibility of radical ideologies gaining a foothold in the country should not be ruled out.
He said Malaysia should not rush into recognising the Taliban administration until all negotiations involving the group are over.
Published in: Malaysia Now, Monday 23 August 2021
Peace is the absence of war, while war is the absence of peace! A negotiated peace in Afghanistan presents a number of challenges. The duration of the war over several decades has created a number of situations, that requires an in-depth examination in light of the peace negotiations that took place between the United States and the Taliban leading to the signing of an agreement without inputs from the Afghan government in spite of their being a strategic partner of the United States.
The war has been a very costly undertaking both in financial and human terms.
On the human side, there has been a large number of civilian casualties and a flow of both internal refugees and those that have fled to neighbouring countries, Iran, and Pakistan in particular. Will the conditions of peace allow their return and what employment possibilities will they find? In particular will the professionals and corporate managers of the diaspora return?
On the financial side, the income of the Government of Afghanistan is too meagre to finance the rebuilding of the country. Will the United States and other major donors such as the World Bank contribute in a significant way to assist in this momentous effort?
Afghanistan’s geographic position has attracted major powers in the past. How will the country still be viewed as a masterpiece in the Great Game, and will it continue to be subject to constant instability? Corruption may well prove to be one of the most important barriers to development. What policies can be put in place to reduce, or eliminate, corruption? What process will be put in place to disarm both the Taliban and the other armed groups to prevent a civil war?
Why do powerful countries always easily achieve their goals in Afghanistan? The answer is simple, because some leaders are ready to do anything to gain power by asking for the support of these countries. In order to be able to bring political stability to Afghanistan, it is essential and indispensable that the Afghan leaders come to an understanding among themselves in order to have internal stability. As soon as they manage to put this in place, they will have moral authority over powerful countries with a specific, clear, and lasting purpose for Afghanistan. Presently its political leaders are ready to negotiate in an aggressive, competitive, egocentric, and defensive manner to have the power in order to remain in their current positions without worrying about the interests of the country or the people.
Often, we hear that Afghanistan is a strategically positioned country. Of course, Afghanistan is well placed, but our analysis is different: we believe that something else is more important than that situation. Afghanistan is a weaker country in the region with leaders who are only interested in political power, with a lack of global vision for the development of the nation: this is the reason why every powerful country achieves its goals very easily across Afghanistan, according to its wishes. At any time, they may abandon Afghanistan. At the same time, Afghanistan faces major economic and development challenges. Although the country is rich in natural resources, gas, minerals, and oil (estimated at over a trillion dollars), insecurity, war, lack of infrastructure, weak leaders, have limited the possibilities of finding and extracting these resources and Afghanistan is still among the poorest countries in the world.
Each country has its advantages and disadvantages, but Afghanistan has two major drawbacks that need to be addressed:
1) Very weak leaders or leaders by accident, who think only of their personal interests and who settle in power for life.
2) As mentioned above, Afghanistan is the weakest country in the region.
Every leader, when he comes to power, forgets his real job, which is to create enduring systems and values for today, tomorrow and the day after, and at least reduce existing problems and use their power to serve the people and the country, instead of monopolizing this power for personal interests.
On the contrary, unfortunately, when a leader comes to power, he increases the problem because he thinks traditionally, and above all he puts his relatives in the most important positions, without looking at their qualifications, because competence is less important than relational confidence.
Although there are very qualified people, but since they do not belong to the ethnicity of the political leaders, and share their point of view, thinking more for the country than their private interests, such kind of people have very little place in the mind of these leaders.
Today, politics in Afghanistan is becoming like a business, and everyone is doing politics ... However, the real job is still abandoned, because the vast majority of the People no longer trust the Politicians, and even the real ones, those Politicians who want to change something for their country.
Before having to manage peace, they must understand why we are at war. The war in Afghanistan has five dimensions:
- A leadership crisis, meaning that the Afghan leaders do not agree with each other and look at power sharing.
- Certain countries of the region, and more particularly Pakistan, are very involved in Afghanistan, which they destabilise.
- Major powers, too, have their own agendas on the region.
- Certain countries support terrorism and extremist groups.
- The negotiation process must be led not by politicians, but by neutral Afghan experts.
Therefore, we make the following recommendations:
- Encourage the leaders to have a government in which no single ethnic group monopolizes power. There should be one president and four vice-presidents. Each two years a rotation of the president would be put in place. The entire mandate would be limited to ten years. This would allow power sharing that would prevent having one ethnic group monopolising power through a rotation system of two years as President.
This proposal would definitely solve the power problem while also allowing for government savings of time and money.
- The United States should intervene in Pakistan to force a peace process between Pakistan and Afghanistan. Pakistan has been a major destabiliser in the region by harbouring terrorists and using them as their second army as indicated by several international sources. Should this problem not be solved, it would become, sooner or later, a global threat for democracy and humanity. It would not be a good inheritance for the future world leaders.
President Joe Biden mentioned that the United States would again lead the world. We strongly believe that the above issue should be a priority, failing what, it may be too late to bring peace to the region and worldwide. The United States should avoid countries that back terrorism and, particularly, those actions that kill children and humanitarian workers.
- As a major power, the presence of the United States in Afghanistan could develop a strong relationship, instead of a partnership, just as the United States has done in other countries, providing its presence in the area is of interest. This would be a break from the present situation in which the Afghan population lacks a clear understanding of its position. Should the United States develop a mutually beneficial relationship, the Afghan population would strongly support it. A complete departure before peace puts in danger democracy, women, and children not only in Afghanistan but also worldwide.
- The United States, as a powerful country, should sanction all countries, or groups and persons, that support terrorism. As an example, economic sanctions banning the purchase of military material should be implemented. Doing so in Pakistan would be a good starting point.
- The negotiation process cannot be done by people that are thirsty for power and have no vested interest in peace as they hold power. We would suggest that the negotiation process be led by neutral experts with politicians and the civil society backing-up them.
We are certain, if the United States takes into consideration the five points mentioned above, the peace process will be successful and lead to stability in the area. If there is no peace in Afghanistan, there will be a major threat in the area in the region and in the world. Afghanistan is the first line of defence against terrorism not only for themselves, but also for the entire world.
About the Author
Prof. Dr. Djawed Sangdel, professor of Leadership and Entrepreneurship
President of Swiss UMEF UNIVERSITY – GENEVE
July 19, 2021
AFGHAN President Ashraf Ghani arrived on June 25 in Washington on an official visit, leading a large delegation of officials, including Dr Abdullah Abdullah, chairman of the Afghan High Council for National Reconciliation; Amrullah Saleh, the first deputy president; Hamdullah Mohib, the national security adviser; and, a planeful of other officials.
He and Abdullah's meeting with President Joe Biden did not lead to any new decision and the United States president merely covered the familiar ground that America will continue to assist Afghanistan, but that the withdrawal plan announced last April remains on schedule.
The withdrawal is due to complete by Sept 11, 2021, a symbolic date, perhaps to suggest that the US military had accomplished its purpose of avenging the Sept 11, 2001, Twin Tower attacks.
The visit comes in the midst of worsening security situation in Afghanistan and increased Taliban insurgency, when much of the US and North Atlantic Treaty Organisation forces have already left. The withdrawal led the Taliban to believe that they have won the war and, therefore, in no need of further negotiation.
This was one of the Taliban's two original demands: withdrawal of the foreign forces, and implementation of syariah law. Their triumphant posture may also explain why they halted the Doha peace talks with the Afghan government and the scheduled peace conference in Istanbul as well, which was due to be held last April.
Ghani's leadership also suffers from a credibility deficit as he has not played his role well in the peace process in the past and has missed opportunities for bringing peace. The Afghan people and the Kabul government do not seem to be on the same page.
While the people want the foreign forces out, Ghani's regime sees its continuity in office linked to the foreign military presence. The people are eager for peace to end the four decades of war, but Ghani seems to want that on his own terms. Delays and disruptions in the Doha peace talks also raises questions that there are elements in Kabul that do not want peace.
When the US Secretary of State Anthony Blinken visited Kabul last April and presented a negotiated peace plan, Ghani declined to endorse it as it involved the formation of a transitional government to facilitate the peace process. Ghani announced, instead, that he can only be replaced through a general election.
Clearly another missed opportunity for peace on questionable grounds. People jokingly said Ghani is more interested in completing his second term in office than in bringing peace. He was apparently less than happy when the US (under Trump) negotiated with the Taliban first (and signed an agreement with them — in February 2020).
The Kabul government also suffers from internal disunity and weaknesses at a time when about 60 per cent of the country is under Taliban control. Even though this has so far not included provincial capitals nor a whole province and confined to the outlying areas and districts, that scenario is fast approaching. According to US intelligence reports, Ghani's government will most likely fall in less than six months of the foreign troop withdrawal.
Afghan analysts were furthermore critical of Ghani's June 26 speech at the US Congress. Afghanistan under Ghani has been witness to increased poverty and unemployment, widespread drug addiction, raging Taliban violence and worsening security situation. Kabul is no longer safe.
People are killed in broad daylight by gangsters and criminals and there is widespread suspicion that police corruption is a part of it. Ghani makes out that the country is doing well under him thanks to American help. Instead of engaging the Congress on ways to improve matters, he filled his speech with formalities and half-truths.
Ghani's main purpose was seeing if Washington would delay the withdrawal of its remaining forces. Here again, the Afghan people welcome the voluntary end to military occupation. Yet, since there is no political formula for peace, the troop withdrawal may leave a vacuum and increase the risk of a Taliban takeover.
The Afghan people are also apprehensive of Taliban rule, and suspect that they will roll back many gains of the past 20 years on democracy and people's rights. The Taliban renewed assertion that they are supportive of female education and people's rights is also seen less than credible.
Afghan political analysts thought that Ghani's expensive visit (the plane rental alone cost US$1,200,000 of public funds) to Washington was inopportune since the US had already announced their plan on force withdrawal and is not likely to change, and that Washington has probably also lost confidence in Ghani's leadership, indicated perhaps in a somewhat muted welcome ceremony on arrival and a mere half-hour time slot allocated for a meeting with Biden.
This turns out to be the case now that the visit is almost over and has led to no new decisions to what was already known before.
Mohammad Hashim Kamali is founding chief executive officer of the International Institute of Advanced Islamic Studies Malaysia.
Published in: The New Straits Times, Tuesday 29 June 2021
The Inter-Afghan Negotiations (IAN) that started last September between the Taliban and the Afghan government turns out to be a protracted waiting game.
The talks began due to great urgency and expectations of the Afghan people, who are eager to see the end of some four decade-long of devastating war with great hopes that the IAN will bring peace.
The Taliban had a two-point agenda: American and North Atlantic Treaty Organisation (Nato) forces to leave Afghanistan, and implementation of syariah in the self-proclaimed Islamic Republic of Afghanistan.
The Afghan government led by President Ashraf Ghani asserts bringing peace to the war-torn country, but that he is the country's elected leader until his term ends in 2024. The Jamiyat Party of Afghanistan suggests that a transitional government takes over to facilitate peace.
Ghani's continuity almost certainly depends on the continued stay of American troops, currently at 5,000 (reduced from 100,000 deployed under the Obama administration), which is enough to deter a Taliban offensive.
Being under United States occupation, the realities are such that no significant decision is made in Kabul without American approval. The Afghan army is currently on the American payroll amounting to over US$5 billion per year, a sum that Kabul cannot pay from its own meagre budget.
The Doha talks have hitherto made no progress simply because all sides were awaiting the US presidential election results.
President Donald Trump has declared that the US troops will leave Afghanistan in near terms without specifying a date, but March has been mentioned as the target date. Now that he has lost the election, the waiting continues until the new president takes office. The Taliban are also waiting for renewed American assurance on the February 2020 agreement they signed with the Trump administration.
The Taliban have refused to sign a ceasefire agreement to pave the way for a peace pact, and have chosen the path of violence.
They have stepped up guerilla attacks against Afghan forces and caused heavy civilian casualties.
Prior to the February agreement, Taliban attacks on Afghan forces also invoked a US military response, which kept the violence within limits, but casualty rates had also become heavier since then. For over two months, the Doha talks between 21-member negotiating teams on each side were engaged in trivialities: What expressions they should be using at the talks and what should or should not be placed on the agenda.
The Taliban want their movement to be referred to as a legitimate jihad, and they refuse to refer to the Afghan government as an Islamic republic until Kabul accedes to their demand.
To call the Taliban's bloody raids on Afghan security forces a jihad would be suicidal for Kabul and generally unacceptable.
Yet the Taliban do have grassroots support, which may however be dwindling due to their belated killing sprees that have become particularly brutal under Mullah Hibatullah's leadership.
The Trump administration has not taken a clear stance on these raids although the US envoy for peace talks, Zalmay Khalilzad, had said that this degree of violence from the Taliban was not acceptable.
Protracted waiting with no clear end in sight may also raise a more sinister question: Do they (Taliban and the Afghan government) want peace?
If the US does not want peace, which is the understanding most Afghans seem to have, then those who are attached to them may also share the same attitude.
Moreover, the Taliban militarism and its suspected al-Qaeda links suggest that they most likely aim for a military takeover of Kabul and peace is not likely to deliver that prize.
The Kabul government has also missed opportunities for peace in recent months and a continuation of status quo is an option as it would likely prolong the American military presence.
Ghani's internal bickering with Afghan High Council for National Reconciliation chairman Dr Abdullah Abdullah has also led to indecision. Rumour has it that Dr Abdullah prioritises peace, whereas Ghani wants peace on his own terms.
The latter is also less than happy with the way the Taliban became the first party to sign an agreement with the Americans.
The Doha talks have yet to enter its proper agenda. It is uncertain but likely that the Taliban will take issue with the current constitution of Afghanistan with reference particularly to equality clauses for women and implementation of syariah. They also suggest that an ulama council be formed to take charge of implementing syariah.
Such demands will be met with resistance as prominent women leaders and civil society are critical of the Taliban's view on women. So, protracted negotiations are likely to continue, and may be more of the same with the waiting game. What remains to be said is that they all owe it to their conscience, country and people to drop petty delaying tactics and work sincerely for a peaceful Afghanistan.
Mohammad Hashim Kamali is founding chief executive officer of the International Institute of Advanced Islamic Studies Malaysia.
Published in: The New Straits Times, Wednesday 09 December 2020
Iran's nuclear agreement has created a political and geostrategic earthquake in the Middle East and beyond, including accelerating the reform movement within Iran and empowering democratic constituencies in the Islamic world. Liberated from external containment and internal suppression, Iran could now help itself, the region and the wider Islamic world towards greater prosperity, stability, and a pluralistic future. And Afghanistan will immensely benefit from the restoration of Iran's role as a responsible and secure neighbour and power. Afghanistan's landlocked geography has been compounded by its political isolation in the region. Among its seven neighbours, only its borders with Tajikistan remain relatively free of political tension............. Download the full article in pdf attachment (below)
This article advances an enquiry into President Hamid Karzai’s (r. 2001-2014) constitutional legacy with special reference to relations between the executive and legislature during his presidency. Before engaging in that enquiry, a brief account is given in the introduction of the developments during the months following Karzai’s exit from office. What happened during this period tends to accentuate the unresolved issues of Karzai’s presidency and put Afghanistan’s commitment to constitutionalism to the test. The events of the past six months also point to the need for clarity regarding the status of constitutional interpretation and judicial review, two necessary ingredients of constitutionalism that ensure the conformity of laws and government action with the constitution. Dysfunctional executive-legislature relations and ambiguities over matters of interpretation have often meant that disagreement over issues did not find prompt and effective solutions.
This article is structured with an introduction and six sections. The introduction takes a look, as already mentioned, at the developments after Karzai left office. The first section discusses the presidential system Afghanistan has adopted under the 2004 Constitution, and the succeeding two sections address constitutional interpretation and the question as to who has the power to interpret the Constitution. Sections four and five are devoted to a discussion of judicial review, and the conflict of jurisdiction over who has the power of judicial review in Afghanistan respectively. The
last section looks into the parliamentary powers with special reference to the use of the noconfidence vote by the Wolesi Jirga. This article concludes with a brief reflection back on the post-Karzai developments, the hitherto unmet challenges over constitutional issues Afghanistan is faced with, and the way forward toward solutions.
................Download the full article in pdf attachment (below)
Available in three languages; 1. English 2. Dari, 3. Pashto
The plan for a “unity government” in Afghanistan that includes both of the top presidential candidates will test the integrity of the country’s constitution, according to a legal scholar who was chairman of the commission that conducted public consultations for the final 2004 constitution. USIP Program Officer Lillian Dang interviews Mohammad Hashim Kamali, an influential expert on Islam and legal issues and a United Nations advisor on constitutional reform................Read the full interview at: United States Institute of Peace