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Stepping up on Afghanistan

India must use its good offices to ensure that the U.S. and Afghanistan sign a bilateral security agreement.

If the world was in need of a preview of things to come in a post-2014 Afghanistan, it got one on Friday.  A Taliban attack on a popular Lebanese restaurant in Kabul claimed 21 lives. Those killed included the International Monetary Fund’s chief for Afghanistan, a senior political official at the UN and a British candidate in the upcoming elections for the European parliament.

The insurgency in Afghanistan has claimed the lives of many of its citizens as well as those of NATO’s security forces.  But as the New York Times notes, attacks against foreign soft targets have been relatively less frequent.  The Kabul Hotel Inter-Continental was attacked in 2011; U.S. and Indian embassies have been hit in Kabul and in other parts of Afghanistan.  The more recent attacks have involved operations with the use of suicide bombers to breach perimeter security followed by commando-style assaults with the use of RPGs and assault rifles.

The Taliban have historically relied on suicide attacks against Western military targets, but the use of commando-style assaults in and around Kabul may point to a collaboration with Pakistan-sponsored groups like the Haqqani network and Lashkar-e-Taiba, loosely referred to as the “Kabul Attack Network.”

The goal, ultimately, is to weaken the will of the West to remain in Afghanistan after 2014.  The U.S. and NATO winding down operations in Afghanistan will undoubtedly create a perilous security situation in that country.  Afghan president Hamid Karzai has refused to enter into a status of forces agreement with the U.S., even as the Afghan National Army remains ill-equipped to deal with a raging insurgency coupled with terrorist assaults on the capital.

Mr. Karzai is throwing caution to the wind by tying the signing of a Bilateral Security Agreement (BSA) to the U.S. facilitating “peace talks” with the Taliban.  He may get neither.  The U.S.’s ability to facilitate a negotiation with the Taliban remains in question, particularly when the Taliban and their sponsors in Pakistan have been working towards the goal of ensuring a total exit of U.S. and allied forces from Afghanistan all along.  Mr. Karzai, whose presidency ends in April 2014, may have little to lose, but the burdens of his action or inaction will be borne by Afghanistan’s future governments.

Meanwhile, anyone in New Delhi still under the delusion that events in Afghanistan have no bearing on the security of India would do well to reach for their history books.  It is precisely the sort of Pakistan-supported, Taliban-operated environment that could prevail in a post-2014 Afghanistan that allowed for India’s surrender of Maulana Masood Azhar (who was languishing in an Indian jail) in Kandahar in exchange for passengers hijacked onboard IC-814 in 1999.

As a result of our capitulation, Azhar returned to Pakistan to regroup members of the terrorist group Harkat ul-Mujahideen (HuM) and formed the Jaish-e-Mohammed (JeM) in 2000.  A year later, JeM attacked the Indian parliament, killing 12 civilians.  Our members of parliament, rather miraculously, escaped unharmed.

A similar situation may present itself when the U.S. departs Afghanistan.  Although many of us have called for India to deploy hard power in Afghanistan, or at least play a more active role in training and supplying weapons to Afghan security forces, New Delhi has chosen to only limit its involvement to economy and institution-building.  Laudable endeavors undoubtedly, but insufficient to ensure the security of India and her interests in that country.

India has already rebuffed Mr. Karzai’s request for weaponry during his December 2013 visit.  But if India is disinclined to deploy hard power in Afghanistan, it must, at the very least, ensure that a U.S. security presence remains in the country to prevent it from being engulfed in yet another civil war that could render twelve years of development and progress to naught.

Indeed, India is most uniquely positioned — as a friend to both the U.S. and Afghanistan — to use its good offices to ensure that a version of the BSA agreeable to both Afghanistan and the U.S. is signed.  Almost every other country is viewed with suspicion by either DC or Kabul.  Last week, U.S. Deputy Special Representative for Afghanistan-Pakistan visited India to discuss the furture of Afghanistan.  U.S. intelligence officials also met an Indian delegation led by Joint Intelligence Chief Ajit Lal to urge India’s influence with Mr. Karzai to conclude the BSA.

There is no doubt that India is in the midst of domestic political upheaval.  The economy is sagging and political stewardship is found wanting in almost every aspect of governance.  However, facilitating a status of forces agreement between Afghanistan and the U.S. must become a national security priority for India.

A U.S.-Afghanistan BSA cannot prevent attacks such as the one this past Friday, but it may stave off a total collapse of the state to the Taliban.  Ultimately, it is simply not in India’s interests to see Afghanistan relapse into the laboratory of terrorism that it once was under Pakistan’s influence. (And on a separate note, New Delhi’s assistance in facilitating a BSA could also demonstrate that both India and the U.S. are committed to putting the very unseemly squabble over Devyani Khobragade behind them).

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Urdunama: Alvida, Manmohan Singh

So, having been the source of a well-directed plant that led to commotion and friction between India and Pakistan in New York, Hamid Mir in a column in today’s Jang entitled “Alvida, Manmohan Singh” argues that the end is nigh where Manmohan Singh’s tenure as PM is concerned and that Pakistan is better off waiting for India’s general elections to conclude before pursuing dialog on bilateral issues.  Excerpts follow:

Nawaz Sharif’s attempts at bringing to attention the Kashmir issue in New York angered Manmohan Singh who then used his meeting with U.S. president Barack Obama to spread propaganda against Pakistan and level accusations against us during his UNGA address.

But Manmohan Singh forgets that the attack on the Samjhauta Express occurred during his own tenure and that there has yet to be any sentencing, despite the fact that a retired colonel of the Indian army was identified as being involved in the incident.  Indeed, during Dr. Singh’s tenure, a covert unit under the command of Gen. VK Singh was planning to spread terror in Pakistan.

There is no doubt that non-state actors from Pakistan have targeted India; however, these non-state actors have been targeting Pakistan far more than they have India over the last few years.  Such non-state actors are also present in India.  But India ignores its internal actors and blames Pakistan instead.

Nawaz Sharif was clear in his conversations with Manmohan Singh that Pakistan desires peace, but let India not mistake this desire as a sign of weakness.  Nawaz Sharif’s inclusion of Kashmir in his address to the UNGA angered Manmohan Singh enough to complain to Barack Obama.  Perhaps Manmohan Singh was under the illusion that Barack Obama had a remote through which he could control Nawaz Sharif’s speech and compel him to not bring up the Kashmir issue at the UNGA.

Ultimately, Nawaz Sharif did meet with Manmohan Singh, but this was a meeting to bid farewell.  Manmohan Singh’s tenure as PM will end in a few months.  He will retire and perhaps write a memoir recollecting his inconclusive negotiations with Gen. Musharraf.  Pakistan and Nawaz Sharif, however, should pursue plans for rapprochement with a new leadership after the elections in India.  [روزنامہ جنگ]

What does this all mean for India?  As a result of the meeting between Dr. Singh and Nawaz Sharif, the DGMOs of India and Pakistan are set to meet to discuss plans to restore the sanctity of the LoC.  However, Pakistan apparently doesn’t see any incentive to restore the ceasefire until it is able to negotiate with an Indian leadership post the general elections in May 2014.

Translation for India: expect a hot border for the next several months.  The LoC ceasefire is not likely to be restored any time soon.

 

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Storytelling in New York

Will the real Hamid Mir please stand up?

The great thaw in Indo-Pakistan ties that some hoped for in New York is degenerating rapidly into a farce.  When the new civilian administration came to power in Pakistan, it appeared eager to improve relations with India.  Mian Nawaz Sharif said his agenda for peace with India in his previous tenure was derailed by Gen. Musharraf.

Then in August, five Indian soldiers were killed by Pakistani troops, who ventured across the LoC into J&K  to carry out the attack. Mr. Sharif offered to meet Prime Minister Singh at the sidelines of the United Nations General Assembly in New York. Initially cool to the offer given an increasing number of LoC violations, the PM eventually agreed to a meeting.

In his speech at the UNGA, Mr. Sharif said he hoped for a “new beginning” with India.  He then ushered in this new beginning by raking up the Kashmir issue, warning that the “suffering of people cannot be brushed under the carpet, because of power politics.” With the atmosphere vitiated, Dr. Singh responded in his own speech by asserting that Jammu & Kashmir was an integral part of India and that “there can never, ever, be a compromise with the unity and territorial integrity of India.”

While Pakistan and India were busy reverting to predictable and boring positions in the Big Apple, drama was unfolding in Pakistan.  Hamid Mir, journalist and CEO of Geo Television, appeared via phone on a Pakistani show called “Aapas ki Baat” to update viewers on his meeting with Nawaz Sharif this morning.

Mr. Mir put it across that Mr. Sharif was unhappy with the Indian PM’s speech and discussions about Pakistan with U.S. president Barack Obama.  Nawaz Sharif, Mr. Mir said, told NDTV Group Editor Barkha Dutt that Dr. Singh was behaving not like a prime minister but like a “dehati aurat.” On Twitter today, Ms. Dutt refuted and provided context to Mr. Mir’s distorted version of events.

Mr. Mir hosts a show called “Aman ki Asha” on Geo TV, which aims to, among other things, improve relations between India and Pakistan.  But as a columnist in the Pakistani Urdu newspaper, Jang, Mr. Mir is far more open to towing the line of the Pakistani establishment on India, including issues pertaining to Kashmir and popular, but imagined conspiracy theories on India’s involvement in everything that happens in Pakistan.

Just this past week, Mr. Mir authored a piece in the Jang about claims and counterclaims between the UPA and Gen. VK Singh with regard to Pakistan.  The column titled “Yeh koi nayi baat nahi” (This is nothing new) is replete with fantastic conspiracy theories that suggest Indian involvement in the 1996 bombing of Imran Khan’s Shaukat Khanum cancer hospital.  Excerpts follow:

The prime minister (Benazir Bhutto) called for a meeting with the chief minister of Punjab and the IG and directed them to find those responsible for the Shaukat Khanum Hospital blast as quickly as possible.  Within a few days, the police arrested a young man named Ishaq Mirasi from a village along the border.  Ishaq Mirasi was also wanted in connection with the bombing of Lahore Airport’s old terminal.

The arrest notwithstanding, I was skeptical as to the connection between this poor villager and the Shaukat Khanum Hospital….I ended up conducting a detailed interview of Ishaq Mirasi in prison.  Ishaq told me that he was involved in petty smuggling.  On one such occasion while crossing the border into India, he was arrested by Indian army personnel.

An Indian army officer asked him whether he would prefer a long prison sentence in India or was instead willing to work (for the Indian army).  When Ishaq chose the latter, he was given training in bomb making and sent back to Pakistan.  After completing his mission, he would cross the border into India and provide Pakistani English-language newspapers covering the blasts as evidence to receive his payment…

…Interior Minister Nasirullah Babar told me India was trying to recruit the poor and unemployed in Lahore, Karachi, Quetta and Peshawar and was financing sectarian organizations to promote discord between the Sunnis and Shias.

[On Gen VK Singh's comments]… This is nothing new. It is possible that the military intelligence unit targeting Pakistan has been disbanded  But R&AW’s covert intelligence units continue their operations against Pakistan.

Instead of putting on an act of friendship, Nawaz Sharif and Manmohan Singh (if they meet in New York) ought to discuss how India and Pakistan can put an end to conspiring against each other    [روزنامہ جنگ]

Civilian leaders in Pakistan have met Dr. Singh in the past without there being extra-circular activities from the Pakistani military establishment.  Former Pakistan prime minister Yousuf Raza Gilani, whose Pakistan Peoples Party enjoyed anything but cordial relations with the army, met Dr. Singh in Sharm el-Sheikh and later on in Mohali during the India-Pakistan cricket World Cup semi-final.

But Mr. Sharif’s attempts at outreach seem to coincide with violations along the LoC, an attack this week on a police station and army camp in Jammu & Kashmir, and now apparently targeted information operations with a view to scuttle talks between Dr. Singh and Mr. Sharif in New York.  The question that needs to be asked then is what was Mr. Sharif willing to offer or discuss with the Indian PM that has so ruffled the feathers of the Pakistani military-jihadi complex.

As for Hamid Mir, it would be sadly ironical for the host of a show called “Aman ki Asha” to be responsible for putting paid to Mr. Sharif’s attempts at improving ties with India. It behooves Mr. Mir to respond.

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Winning the small nuclear battles

Dr. Singh and Mr. Obama must move forward on nuclear trade when they meet this week.

Some newspapers and political parties would have us believe that the PM is in New York with the express intention of selling India’s soul to America.

They contend that India’s Nuclear Liability Act (NLA), which allows for costs to be imposed on the supplier in the event of a nuclear disaster in India, is about to be sold down the river by the PM in order to remove impediments to the participation of U.S. firms in civil nuclear trade with India.  There was furor when it emerged that the Attorney General had issued an opinion indicating that the Nuclear Power Corporation (NPCIL) had the right to waive the liability provision, if provided for in a contract.

Outraged opposition parties and left-leaning media outlets argued that India was bypassing its own law to please the U.S.  A few observations on the subject:

The language in the NLA appears to be fairly clear on the applicability of supplier liability.  Clause 17 reads:

The operator of the nuclear installation, after paying the compensation for nuclear
damage in accordance with section 6, shall have a right of recourse where-

(a)    such right is expressly provided for in a contract in writing;
(b)    the nuclear incident has resulted as a consequence of an act of supplier or his
employee, which includes supply of equipment or material with patent or latent defects
or sub-standard services;
(c)    the nuclear incident has resulted from the act of commission or omission of
an individual done with the intent to cause nuclear damage.  [THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010]

We’ll leave matters relating to the legal interpretation of the language in the Act to the experts on the subject, but if our admittedly untrained legal interpretation is correct, clause 17(a) does allow for supplier-side liability if “expressly provided for” in a contract between the operator (in most cases, GoI) and the supplier.

If this is indeed true, then the question of “bypassing” Indian law simply doesn’t arise.  The law itself does not make supplier-side liability mandatory.  Further, it the begs question of what the opposition — which was out screaming blue murder this past month — was doing when the bill was being debated in 2010.  Even assuming their very busy schedule of staging walkouts in Parliament got in the way of them expressing an opinion when the bill was being debated, what have they been doing the past two years since its enactment?

The NLA in its current state is simply incompatible with the IAEA Convention on Supplementary Compensation (CSC), which India undertook a commitment to accede to.  Contingent on these incompatibilities, India has signed the CSC but not ratified it, as ratification would require a change in our liability laws.  It is strange then that we appear so eager to be brought into the mainstream of the global framework for civil nuclear commerce and yet not want to be bound by its rules.

The issues pertaining to supplier-side liability are not U.S.-specific.  The truth is that no one is willing to do business with India given the costs imposed by the NLA on suppliers.  The Russians have refused to bring Kudankulam 3 and 4 under the ambit of the NLA.  The French company Areva has also made it clear that it will not be able to move forward, given the language in the NLA. The Canadians have expressed reservations.  Potential Indian suppliers themselves appear to be uneasy with supplier-side liability with FICCI warning that the NLA “threatens to completely undo the government’s efforts to accelerate nuclear power generation…”

The AG’s interpretation that the operator had the ability to contractually invoke or exclude supplier-side liability actually dates back to October 2012, when his legal opinion was provided during negotiations on Kudamkulam with the Russians.  There was not so much as a whimper in the left-leaning media then, but apparently now this interpretation causes a “dilution” in our liability laws to allow the prime minister to carry as a “gift” to the U.S.

The Cold War ended two decades ago, folks.  There is no benefit in India pretending to be more soviet than the Soviet Union in 2013.

Many in India are yet to appreciate the impact the NLA has had on the general mood towards India in DC.  This was about more than just nuclear commerce.  Presidents of the U.S. do not make phone calls to their Chinese counterparts asking them to drop their opposition to a third country’s bid for an NSG waiver merely at the prospect of being able to sell few nuclear reactors.  India would have most likely remained a nuclear paraih were it not for the efforts of the Bush administration.

Since obtaining an NSG waiver, the UPA has bungled like only it can.  Debates on nuclear liability were emotive rather than pragmatic, drawing wrong lessons from the Bhopal tragedy.  While the NLA automatically precluded the possibility of the participation of U.S. companies in civil nuclear commerce with India, companies in Russia and France, which were initially underwritten by their governments, were able to enter into exploratory discussions with India.  With Russia and France no longer willing to abide by the NLA, the prime minister arrives in the U.S. attempting to salvage a relationship and an economy.

Realistically, neither the U.S. nor India have each other on their list of top priorities at the moment. The Obama administration is faced with a precarious situation in Syria and is battling opposition on healthcare reform and budget disputes.  Meanwhile, with India heading to polls in May 2014, the UPA is effectively in a holding pattern with very little political capital at its disposal for brave new ideas.

Under the circumstances, if a pre-early works agreement can indeed be concluded between NPCIL and Westinghouse, it might help arrest the doom and gloom and allow both sides to reevaluate positions sometime next year.  This is about as much as we can hope for when Dr. Singh and Mr. Obama meet on Friday.

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