American hitchhiker gang raped in India
NEW DELHI:An American woman was gang-raped in the northern Indian resort town of Manali,police said.
Three men in a truck picked up the 30-year-old woman as she was hitchhiking to her guest house after visiting a friend,police officer Sher Singh said.
The men drove to a secluded spot and raped her,he said. She went to police and they filed a rape case.
Authorities issued an alert for the three men and set up roadblocks to check any trucks leaving the town,he said. No arrests had been made as of Tuesday afternoon,Singh said.
The rape came after a Swiss tourist was gang-raped in March while on a cycling trip through rural India. Six men were arrested in that attack.
The same month,a British woman traveling elsewhere in northern India jumped from a third-floor window fearing a sexual attack after the hotel’s owner tried to force his way into her room.
Concern about sexual assaults in India has heightened since the fatal gang-rape of a woman in New Delhi in December sparked public protests demanding better protection for women.
In response,the government passed a law increasing prison terms for rape and providing for the death penalty in cases of rape that result in death or leave the victim in a coma.
It also made voyeurism,stalking,acid attacks and the trafficking of women punishable under criminal law.
FP Analysis: The Population Bomb
By Enum Naseer
FOR PAKISTAN
It is simple economics: resources are scarce and wants are unlimited. The problem of allocation gets more serious when population growth is unchecked- as is the case in Pakistan. It is confusing hence, that no one has taken the pains to voice the issue in the mainstream media; no political party mentioned it in its rallies; no slogans or chants went further than the usual clichés. While the future leaders and the public busy themselves with the task of wooing and being wooed, the population bomb ticks away. The promises and plans, albeit optimistic and hopeful, evade the population issue almost strategically. It is as if the fact that the unrestrained population growth will have an undesirable impact on the distribution of resources like food has gone unnoticed. Or more so perhaps, the problem has been brushed under the carpet for fear that it may give rise to an uncomfortable debate?
Kashmir and the Afghan withdrawal
By Abdul Majid Zargar
TACSTRAT
In-spite of a massive force build-up and despite adoption of ” Shock & awe” theory and thousands of Drone attacks backed up by latest technology, a defeat stares in the face of America in Afghanistan. Its troop withdrawal plan by the end of 2014 is an organized retreat, if not a total surrender.
And this defeat has not made appearance out of thin air. Washington has known for years that it had no hope of destroying the Taliban, and that it would have to settle for compromise and a political solution with an indigenous insurgency that remains sufficiently popular to have survived the longest U.S. military occupation in history. It was also predicted by think tanks & defense experts alike long ago. A 2010 Center for Strategic and International Studies (CSIS), report on Afghanistan predicted:”We have not yet achieved any meaningful form of positive strategic result from over nine years of war in Afghanistan and the conflict may end in a major grand strategic defeat.” Before dying, Richard Holbrooke admitted it, saying “You’ve got to stop this war in Afghanistan.” His signal was clear & unambiguous .It is another thing that Washington Post reinterpreted it, saying:”Holbrooke’s death is the latest complication in an effort plagued by unreliable partners, reluctant allies and an increasingly skeptical American public.”In 2012, a New York Times editorial wrote that the U.S. military has had to give up on hopes of inflicting enough pain on the Taliban to set favorable terms for a political settlement. Instead, it will be left up to the Afghan combatants to find their own political solution once the U.S. and its allies take themselves out of the fight.
War has its own vocabulary & dictionary. While its start heralds a destruction, its ends sprouts a hope. Hope not only for people who have been direct victims of war but also for region as a whole. It also emits signals which are taken as precedents for adoption by parties- to- conflict in a near or distant land. And America’s imminent defeat in Afghanistan is already emitting powerful signals that only a Gun can be answer to enforce a decision or solution, how-so-ever powerful the other party might be. It has rekindled a new hope among those propagating armed struggle in Kashmir as the only viable way to solve the long festering problem of Kashmir.
Kashmir is a geopolitical Gordian knot, interwoven by Indian and Pakistani intransigence .The real reason for the Indian State’s obsession with Kashmir is that ‘losing Kashmir’ (whatever that means) will make the Indian state look ‘weak’. For Pakistan the misconception is that Kashmir is its jugular vein ( again whatever that means). Both these narratives are devoid of genuine aspirations of people of J&K. Even after acquiring huge stockpile of nuclear arms both countries are distrustful & fearful of each other.
Kashmir is the longest standing dispute recognized by United Nations & International community. It is the highest militarized zone on earth and according to a fresh entry in the Guinness book of world records, nearly a million of soldiers are continuously staring at each other in a territory which is flanked by three nuclear armed countries. And supposedly the professional armies of both the countries have ceded space to communal & extremist elements within their ranks.
It is a drain on the hopes for prosperity, peace and freedom for people throughout the subcontinent, and the world. There is no moving toward peaceful coexistence between the two countries, no stabilization of the region, no possibility for global nuclear disarmament. This conflict has made a vast majority of population hostages in their own land and a tiny minority refugees in their own State. This conflict of last sixty years has brought so much of death & destruction to countless families that another sixty six years will be insufficient to heal their wounds. One fails to understand What exactly is their fault? Is it that they were born on the wrong side of the globe?
Let India & Pakistan start negotiations not out of fear but let they also not fear to negotiate. And before the signals emanating out of Afghanistan are translated into action by extreme elements, which only means further death & destruction, let those be pre-empted by both Countries finding a lasting solution to the problem by taking genuine representatives of Jammu &Kashmir on board and sooner this happens, the better it is.
Author is a practicing chartered Accountant. Email: abdulmajidzargar@gmail.com
Extreme Human Rights Abuses by Indian Army
The rape in Delhi has shocked India. Has it really? Or was it the sight of thousands of young students, male and female, demonstrating on the streets and being assaulted by the police for daring to demonstrate that made some Indian citizens think seriously about the problem? As for the Congress government that has, like most of the opposition parties, tolerated this for decades, it was the bad publicity abroad that finally did the trick, but only as far as this case is concerned.
Rape takes place in police stations, in military barracks, in the streets and occasionally in some provincial parliaments. The feminist Communist parliamentarian Brinda Karat, who has long campaigned on the issue, pointed to the assault of a member of the Trinamool assembly by a male oppositionist on 11 December last year. ‘Women were not safe even inside the assembly,’ she said.
Legal activists in Kashmir and Manipur, occupied by the Indian Army, have produced report after report highlighting cases of women raped by soldiers. Response from the top brass: nil. In a country where the culture of rape is so embedded, only a determined effort on every level can change things. This will not happen if this case and others are forgotten.
In 2004, a group of middle-aged mothers were so enraged by the military raping their daughters and sisters that they organised a protest unique in the annals of the women’s movement. They gathered outside the Indian Army barracks, stripped, and held up a banner that read ‘Indian Army Rape Us.’ That image, too, shocked India, but nothing changed. Only a few weeks later another rape scandal erupted in Manipur. If the Indian state is incapable of defending its women, perhaps the world’s largest democracy should seriously consider a change of name. Rapeistan comes to mind.
Manipur District Map
I. Summary
It takes us a long time to raise our children. Then, when they grow up, they are shot. This cannot go on. We no longer want to look for our children in the morgue.
-Yumlembam Mema, women’s rights activist in Manipur
A woman is arrested at her home at night. The authorities provide her family a signed document acknowledging her arrest. The next morning, villagers find her bullet-ridden corpse some four kilometers away from her home. There are widespread protests following the woman’s death. Promises are made by the highest authorities of the country, and yet, after four years, justice remains undone. No one is punished for this crime.
This is the story of Thangjam Manorama Devi, a 32-year-old resident of India’s Manipur state. The paramilitary Assam Rifles suspected her of links to an underground separatist group and detained her on July 11, 2004. The soldiers raided her home in Bamon Kampu village a little after midnight, asking the family to wait outside while they questioned her. They then signed an “arrest memo,” an official acknowledgement of detention put in place to prevent “disappearances” and took her away. Her body was found outside a nearby village. She had been shot through the lower half of her body, raising suspicion that bullets had been used to hide evidence of rape.
Human rights violations by security forces engaged in counter-insurgency operations in Manipur state have occurred with depressing regularity over the last five decades. Separatist militants have also committed widespread human rights abuses. According to the police, nearly 3,000 civilians have died in the conflict since 1990. At least 1,300 militants and nearly 1,000 members of the security forces have also been killed. According to unofficial sources, at least 20,000 people may have died due to violence since the conflict began in the 1950s. But Manipur, a small state of two million people, is tucked away in the country’s remote northeastern region. Not much that happens there makes the national news-unless it is a particularly brutal attack by militants.
However, the security forces’ clear role in Manaroma’s killing captured widespread media attention. Protests erupted in Manipur, while domestic and international human rights groups demanded an immediate investigation and the prosecution of those responsible. Concerned that the government would fail to hold soldiers accountable for the killing, as had repeatedly been the case in the past, for several weeks Manipuris took to the streets. Students, lawyers, traders, mothers, journalists, and human rights activists marched every day, demanding justice. One man committed self-immolation in protest, several others attempted suicide.
The paramilitary Assam Rifles claimed that Manorama was shot dead while trying to escape. In later affidavits, the soldiers implicated said that she was helping the army locate another militant when she instead tried to escape. It is a difficult account to accept: an unarmed, handcuffed woman, wearing the tightly-bound Manipuri sarong that does not lend itself to big strides, supposedly managed to escape the custody of an armed escort. And if she did, it does not explain why the soldiers were unable to catch her and had to shoot to kill. There has also been no explanation why Manorama had not been handed over to police custody by the arresting officials of the Assam Rifles, as the law requires. Or why no female official had been brought in at the time of this night arrest, as is the rule.
Soldiers were able to arrest Manorama because they are empowered to do so under India’s Armed Forces (Special Powers) Act (AFSPA), the 1958 emergency law under which the armed forces are deployed in internal conflicts and enjoy broad powers to arrest, search, and shoot to kill. This 50-year-old law also provides security forces immunity from prosecution and has thus protected members of the Assam Rifles-as well as soldiers in Jammu and Kashmir, and other states in India’s northeast-responsible for killings such as Manorama’s from being brought before a civilian judge to be prosecuted for murder and other offenses.
Manipuris have long campaigned for the repeal of the AFSPA. Demanding that the act be scrapped, human rights activist Irom Chanu Sharmila has been on hunger strike for nearly eight years. Her protest began after Assam Rifles gunned down ten civilians on November 2, 2000. She remains in judicially ordered custody, force-fed through a nasal tube.
Sharmila has been on hunger strike to demand a repeal of the AFSPA since November 2000. © 2007 AFP/Getty Images
After Manorama’s killing, 32 organizations formed a network called Apunba Lup in a campaign to repeal the AFSPA. The most heart-wrenching protest was by a group of Manipuri women, members of the Meira Paibi (“torch bearers”), who on July 15, 2004 stripped naked in front of the Assam Rifles camp in the state capital, Imphal, wrapped in a banner that said, “Indian Army Rape Us.”
Forced to respond, the state government of Manipur ordered a judicial enquiry by retired district judge C. Upendra Singh. Judge Upendra Singh submitted his report in November 2004. Almost four years later, the report is yet to be made public. As court proceedings continue, no action has been taken.
Women protest the killing and alleged rape of Thangjam Manorama Devi with a banner reading “Indian Army Rape Us” at the army headquarters in Imphal in July 2004. © 2004 AFP/Getty Images
Indian Prime Minister Manmohan Singh meanwhile promised justice in the Manorama case and a review of the AFSPA. In November 2004, he set up a committee headed by B.P. Jeevan Reddy, a retired judge of the Supreme Court. The report was submitted in June 2005. While the Jeevan Reddy committee report has also not been made public, the contents were leaked, and it is now known that the committee recommended repeal of the AFSPA. The report however remains with the cabinet in New Delhi for consideration, and no action has been taken.
In the Manorama case, Assam Rifles said that it ordered an internal inquiry. The army and paramilitaries never reveal the findings of internal inquiries, and thus it remains unknown if any member of the Assam Rifles was found responsible for Manorama’s killing and whether they were appropriately punished. Making a concession to public outrage, the defense ministry did release a statement on July 28, 2004 saying only that the court of inquiry had found some “lapses” by Assam Rifles personnel. In an interview with Human Rights Watch, a spokesman for the Assam Rifles said he could not say what action was taken by the court of inquiry “because the concerned officials from that time are no longer in Manipur and the records are not available.”
Meanwhile, Manorama’s family is still waiting for justice to be done. It may be a long wait. Political leaders and government officials may privately agree that Manorama’s killing was unlawful, but the Indian state has failed, yet again, to hold soldiers responsible for a serious human rights violation accountable.
Shrine in memory of Thangjam Manorama Devi outside her house. © 2008 Human Rights Watch
Continuing Security Force Abuses
After Manorama’s death, the security forces appeared to curtail their human rights violations. This did not last long. Since 2006, extrajudicial killings, torture, and other abuses have once again become common practice. According to Human Rights Alert, an Imphal-based voluntary group, in 2006 there were 17 cases in which security forces allegedly extrajudicially executed civilians; in 2007, 12 cases were documented by the group; and as of July 2008, at least 23 such cases had been listed.
For this report, Human Rights Watch investigated several cases of alleged extrajudicial killings committed by the security forces since 2006. In one case, Mohammad Ayub Khan and six others, traveling in a van, were stopped during a routine check by the 19th Assam Rifles on August 26, 2007 at Gwaltabi in Ukhrul district. The soldiers found that Ayub Khan, a mason, was carrying a large sum of money. He explained that this was cash to pay his workers. The soldiers insisted that the van, with all its passengers, be driven to the Assam Rifles camp at Litan. At the camp, Ayub Khan was separated from his co-passengers, who were released. When Ayub Khan’s family heard of the detention, they went to the camp but were not allowed to enter. His brother filed a missing person complaint at the Litan police station, saying that Ayub Khan was last seen in the custody of the 19th Assam Rifles.
On August 30, 2007, the Litan police contacted the family. They said that the Assam Rifles had informed the police that a person had been killed in an armed encounter. They suggested that the family check to see if the unidentified person was their missing relative. The family identified the person as Ayub Khan. The Assam Rifles issued a statement claiming that a suspected militant had been shot in an armed exchange and weapons had been recovered from him. Ayub Khan’s father, Mohammad Karimuddin, told Human Rights Watch that the Assam Rifles are lying:
How can there be an armed encounter with someone who is already in custody? There are witnesses who saw my son being detained. If they [Assam Rifles] thought my son was a militant, they could have arrested him. But they only wanted his money and did not want the truth to come out. So they killed him. They know that no one questions the army in Manipur.
Police Abuses
The behavior of the army appears to have encouraged the Manipur state police to act similarly. The culture of violence has become so deep-rooted that the police have in recent years committed the same abuses as the army and paramilitary forces. In several of the recent cases documented by Human Rights Watch, the alleged perpetrators belonged to the Manipur police. The Manipur state police chief, Yumnam Joykumar Singh, told Human Rights Watch: “My people have been told not to commit human rights abuses and none has occurred.” However, in the same conversation claiming that many of the militants were not political fighters but petty extortionists, he also said, “I have told my people. These fellows must be eliminated. Nothing else can cure us of this disease.”
The message to eliminate militants seems to have resonated with the police. Human Rights Watch was repeatedly told that police commandos were among the worst human rights violators in Manipur. Leitanthem Premananda was picked up on January 30, 2006 and, according to relatives, executed later that same day. Together with their neighbors and friends, the relatives formed an action committee to protest the killing; the police threatened retribution. On February 10, 2006, two leaders of the protest committee, Pechimayum Yaima Singh and Leikapokpam Bisashini, were arrested by the Manipur police. Pechimayum Yaima Singh remained in custody for two months. “My family was very worried,” he said. “Finally, we were released. But we had to promise that we stop the protests, and were threatened that we would be arrested again if we followed up on this case.”
Abujam Shidam, a well-known member of the opposition Manipur People’s Party, was arrested on January 7, 2008. While in custody, he says he was tortured by police commandos claiming to be members of a joint interrogation cell.
I was blindfolded. They started beating and kicking me, saying that I must admit I was a member of the PLA [militant group called People’s Liberation Army]. They filled buckets of water and poured it on my face. They pressed on my joints with their boots. I kept shouting that I was not a militant, but they would not stop.
While the legal impunity under the AFSPA does not formally extend to the state police, police commandos now routinely get away with serious crimes including torture, and fake “encounter killings.” As one activist described it to Human Rights Watch, “The long-term pernicious influence of the AFSPA on Manipur society is its trickle-down effect. One can argue that the rampant corruption in civil administration is a fallout of the climate of impunity generated for many decades by AFSPA in Manipur.”
Armed Groups
Indian officials and many Manipuris point out that the armed groups, commonly called “UGs” (short for “underground”), also commit serious human rights abuses. Some of these groups have a tremendous hold over Manipuri society, with ordinary citizens forced to build alliances with one group to ensure protection from the rest. Many impose a variety of diktats, including a ban on some television channels, on women wearing western clothes, the use of drugs, tobacco, or alcohol and implement such orders with force. Some groups have been responsible for attacks on ethnic minorities. For example, in March 2008, militants killed 14 migrant laborers from other Indian states and left behind a note warning others to leave Manipur. In January 2006, armed cadres belonging to United National Liberation Front (UNLF) and Kangleipak Community Party (KCP) allegedly raped 21 Hmar tribal girls in Manipur’s Churachandpur district. Militants have also been responsible for the indiscriminate use of landmines, bombs, political killings, and attacks upon those they consider to be informers or traitors.
Manipuris complain most about militant groups’ culture of extortion. The state is unable to provide protection from these extortion demands-in fact, many government officials pay themselves. Recently, there has been a spate of abductions by militant groups to recruit children into armed groups involved in fighting. At least 24 school children were reported missing in June and July 2008, leading to widespread protests. One faction of the militant group People’s Revolutionary Party of Kangleipak (PREPAK) admitted that that they had recruited some of the missing children.
Protest against attack by militants in Imphal, the capital of Manipur. © 2008 Human Rights Watch
Impunity
Manipuri activists do not dispute the need for strong law enforcement to end the violence perpetrated by militants. Some want the army to remain deployed to combat the UGs, while others want the army withdrawn. But all want the AFSPA to be repealed because of the open license it provides for abuses.
More fundamentally, Manipuris want the culture of impunity to end. Not only has the failure to punish Manorama’s killers shattered any existing faith in the justice system, many Manipuris feel it has also emboldened security officials to take the law into their own hands and to believe they can get away with murder. As one government official admitted to Human Rights Watch, “Known criminals are sometimes killed, but it never happens to innocents.” In this way the security forces have become judge, jury, and executioner-and have become comfortable in adopting this role.
The more or less free rein given to government forces for decades in Manipur and other parts of the northeast has had a significant impact on the country generally. Similar polcies have since been adopted to stamp out armed separatist movements in various other parts of India. Some argue that this is the only way to ensure that separatists who they “know” are guilty do not evade justice. But in the world’s largest democracy, many in the security forces appear to believe it is easier to kill suspects than to gather evidence to secure convictions, while others kill for money or promotions, as they are often rewarded for their actions.
The Indian government, while claiming a firm commitment to the protection of human rights, has consistently ignored violations by its security forces, at best attributing such acts to a few “bad apples.” As this report demonstrates, however, the problems are systemic and require systemic changes in law, policy, and practice. And even assuming the problem is “bad apples,” they are rarely investigated, let alone tried and convicted. This culture of impunity, fostered both by a lack of political will and by laws shielding the perpetrators, has led to an atmosphere where security forces believe they can get away with the most serious crimes without the threat of punishment.
Not only has the Indian government disregarded the demands of Manipuris and the findings of its own government-appointed committees, it has ignored concerns and recommendations by United Nations human rights bodies. For example, in 1997 the UN Human Rights Committee said that the continued use of the AFSPA in Manipur was tantamount to using emergency powers and recommended that the application of these powers be monitored to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).
The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston, reported to the UN Human Rights Council in 2007 that despite the government of Manipur ordering “numerous inquiries into the alleged extrajudicial executions, none of them ultimately reached any meaningful conclusions.” In 2007 the Committee on the International Convention on Elimination of All Forms of Racial Discrimination called for India to repeal the AFSPA and to replace it “by a more humane Act” in accordance with the recommendation contained in the leaked Jeevan Reddy committee report. The Committee on the Convention on the Elimination of All Forms of Discrimination against Women in February 2007 urged India to provide information on the steps being taken to abolish or reform the AFSPA and to ensure serious investigations and prosecutions of acts of violence against women by the military in so-called disturbed areas.
Key Recommendations
- The government of India, the state government of Manipur, and all militant groups should place human rights protection mechanisms at the center of any attempt to resolve the conflict and ensure compliance with international human rights and humanitarian law.
- The government of India should repeal the Armed Forces (Special Powers) Act, 1958 as recommended by the government-appointed Jeevan Reddy committee.
- The government of India and the state government of Manipur should investigate and prosecute government officials, including members of the armed forces, police, and paramilitary, responsible for human rights violations.
- The government of India should arrest and prosecute to the fullest extent of the law all those found responsible for the 2004 murder of Thangjam Manorama Devi.
- Armed groups should publicly denounce abuses committed by any militant group and ensure that there is appropriate accountability for such abuses.
- Armed groups should immediately stop the abduction and recruitment of children into their forces.
Methodology
In early 2008, Human Rights Watch travelled to Manipur to investigate the human rights situation. With the assistance of human rights activists and lawyers, we investigated 18 cases of torture and extrajudicial killing since 2006. We interviewed government officials, army officers, police officials, politicians, lawyers, journalists, and human rights defenders. We conducted over 60 interviews in Manipur and supplemented with follow-up research through August 2008.
For Manorama’s case, we met with Manorama’s family, the lawyers who are pursuing her case, and Judge Upendra Singh, who conducted an investigation into the incident.
Most interviews with victims or their families were conducted privately. In some cases we used local NGO partners as translators. We also held group discussions with some activists, such as the members of the Meira Paibi.
Since there is an ongoing dialogue between the government and some of the groups operating in the hill districts of Manipur, counter-insurgency operations have reduced in scale. Most of the operations are in the Manipur valley to contain the Meitei and Muslim groups. Our investigations were thus limited to the valley areas.
In order to protect victims and others who might face reprisals by either side for speaking about them, names and any information that might identify them, such as places where interviews were held or specific dates of those meetings, have in certain cases been withheld.
Kashmir Nuclear Scare: Myth or Muscle Fatigue
Earlier this week, State Disaster Response Force officials in Indian occupied Kashmir distributed pamphlets warning citizens to make preparations for a possible nuclear attack. People were told to build bomb-proof basements and collect provisions to last them two weeks in confinement. This lengthy warning was published in the Greater Kashmir newspaper and described a possible war scene in detail. People were told to brace themselves for possible shock and to ‘expect initial disorientation as the blast wave may blow down and carry away many prominent and familiar features’. While Indian officials have called this ‘regular year-round civil defence preparedness’, and urged people not to connect it with anything else, one cannot help but speculate about the convenient timing of this ‘annual’ safety drill, which has in fact taken place for the first time.
The cross border skirmish earlier this year, has led to a staggering halt of negotiations and a perfunctory handshake on both sides that have been gritting their teeth since. The 70 year old lady’s flight into Pakistan had alarmed Indian officials who began setting up additional observation posts along the LoC. Pakistan fired across the border, and while cross border skirmishes barely make news any more, an Indian soldier with an ‘aggressive’ track record ordered a cross border attack. While the international media, as always, is wont to take an ‘unbiased’ approach to this series of attacks, several Indian newspapers have discussed the possibility and consequences of this bald provocation that led to the death of a Pakistani soldier. Two Indian soldiers were killed in a retaliatory skirmish that now appears to have escalated, as the streets of Srinagar are abuzz with rumours of a possible nuclear attack.
Indian soldiers, on many online forums, have said that even if their authorities have warned people to prepare themselves for a nuclear attack, this is purely for defensive purposes because of India’s ‘no first use’ nuclear doctrine, and Pakistan’s lack thereof.
This leads us to the question of nuclear doctrines espoused by both countries. Pakistan has stood behind its doctrine of ‘first use but last resort’, and has been severely criticised for it by western scholarship, which conveniently over looks Israel’s ‘Samson Option’. Last year President Zardari announced his inclination to sign a ‘no first use’ policy in line with India’s, while no action towards this end has been taken so far, a brief analysis of the India doctrine, which espouses the very reassuring ‘no first use’ policy, is in order.
The doctrine states that any threat of use of nuclear weapons against India shall invoke measures to counter the threat (clause 2.3a). The repeated assurance of ‘retaliation only’ does not care to expand on what constitutes these measures. Clause 2.5 states that “India will not resort to the use or threat of use of nuclear weapons against States which do not possess nuclear weapons, or are not aligned with nuclear weapon powers.” This clause further adds to the ambiguity ensconced in the doctrine that shrouds itself behind empty words and unspoken promises. The distinction between non-nuclear states and countries they are aligned with, in effect, places every single country on the Indian hit list. Since Germany and Japan, two non-nuclear states, are aligned with the US on many fronts (the doctrine doesn’t specify the type of alliance either), that makes them possible targets, especially if: “in the event of a major attack against India, or Indian forces anywhere, by biological or chemical weapons, India will retain the option of retaliating with nuclear weapons”. Thus, if Indian soldiers (they could be infiltrators or even part of a UN deputation) are attacked with nuclear weapons in any part of the world, the ‘no first use’ policy becomes null and void. Furthermore clause 2.3a, revised in 2003 states that, “however, in the event of a major attack against India, or Indian forces anywhere, by biological or chemical weapons, India will retain the option of retaliating with nuclear weapons.” Thus Blanco-ing out the ‘no first use’ for all intents and purposes.
Pakistan has justified its stance of adopting the ‘aggressive’ moral ground, by saying the ‘no first use’ policy on both sides would leave the concept of nuclear deterrence redundant and invite aggression from the Indian side. Pakistan has furthermore explained how the nuclear option will be employed once all others have been exhausted. This effectively places India and Pakistan on a level playing field.
The ‘threat’ of a Pakistani attack on Srinagar is by far the least plausible of all explanations our friends across the border have been proffering. Even less true is the statement that this is a routine safety drill. At best this can be described muscle flexing and a plea for attention in the post UN-observer mission stalemate. In terms of diplomatic progress, this might set the two countries back by two years of consistent peace talks and people-to-people contact. As the initial smokescreen of mistrust rises between the two countries, the audience can not help but wait for what will unfold next.
Karachi calling
Urban violence has become a permanent affliction in Karachi. Anyone explaining the roots of this violence to you would say ‘it’s complicated’ – and that is indeed an accurate summary of the bloodshed that erupts across the city in random spurts. The plague of violence in Pakistan’s biggest city and commercial hub is multifaceted. From ethnic strife to gang wars to politically motivated crimes to just petty theft – Karachi has it all. Where does it start? And more importantly, where would it end?
This is strange because less merely 25 years, Karachi was the land of opportunity in Pakistan. Once the capital of the country, this economic hub bustled with life and activity with little thought spared to the horrors awaiting citizens a few years down the road. Fast forward to 2012, Karachi faces (in the words of Bilal Baloch) feeble security, over-population, poor public transportation and housing, weak law and order, abuse of public services by the wealthy and powerful, illegal land-grabbing and squatter settlements, pollution so pervasive that it contaminates food and water for all, ethnic divisions, sectarian divisions, meager education; in short, institutional inadequacies on a grand scale. At the same time, it is this city that allows unbridled port access to NATO, fishermen and businessmen. The city has seen the likes of Alexander the Great, Sir Charles Napier, Muhammad Bin Qasim, poets, authors, bloggers and artists. The City of Lights continues to function under such paradoxical circumstances, with violent bloodshed in one corner of the city and celebrations in another.
The Taliban in Paris
Spearhead Analysis – 12.12.12
Spearhead Research
The official word from the Taliban is that they will be in Paris for discussions with the US and its western allies and with the former Northern Alliance representing the Karzai government in Afghanistan. This is an amazing development on several counts. It indicates that the Taliban are a cohesive organized group with clear cut policies and that they think that the time has come for them to be part of the reconciliation process. It is nothing short of a miracle that they have decided to become a part of the intra-Afghan dialogue supposedly led by the Afghan government but actually a joint US-Pakistan venture.
Not surprising then that President Karzai feels left out and has tried to gain a toehold by blaming the US for the situation in Afghanistan and Pakistan for a recent assassination attempt on the Afghan intelligence chief. Mr Karzai knows full well that the attack could have been planned anywhere in Pakistan or Afghanistan but that does not make it something sponsored by the state of Pakistan. The US, in a recently released Pentagon report, has clearly stated that the problem in Afghanistan is the lack of state capacity in Afghanistan, the high level of corruption there and the sanctuaries in Pakistan’s western border areas (created as a result of the fighting in Afghanistan).
It is also not surprising that with the start of the end game in Afghanistan the US and Pakistan are at pains to point out that their rocky relationship is back on track – at least for the 2014 transition in Afghanistan for which the progress in 2013 is critically important. A 25 member US delegation participated in the US-Pakistan Defense Consultative Group meeting in Pakistan and both sides expressed satisfaction at the positive outcome. There have been other discussions between the two countries on energy and economic issues. The Pakistani Foreign Minister declared the US-Pakistan relationship ‘back on track’ with all issues resolved and accompanied by the Army Chief she was in Brussels for discussions and briefings that seem to have gone well.
Given the track record of the US-Pakistan relationship Pakistanis may be forgiven for asking if all this is for real and sustainable after 2014 or is it to get Pakistan on board till the transition in Afghanistan is completed without a serious mishap?. After all when the US left after the USSR exited from Afghanistan, not only was Pakistan left to face the blow-back but it was also slapped with sanctions unable to effectively support the indigenous uprising in Kashmir against Indian atrocities. Pakistan has responded positively to US overtures and the Taliban it holds are being released – free to travel and participate in the negotiations that might lead to political stability in Afghanistan. There is a realization all around that the reconciliation and dialogue track could eventually lead to the all important phase of direct US-Taliban negotiations with Pakistan’s support.
The danger of failure on the reconciliation front is that there may be reversion to a civil-war environment given the fact that warlords are alive and well. Ismail Khan’s recent gathering in Herat indicated that this could happen. There is also the realization that with continued US presence in Afghanistan beyond 2014 the Taliban could not depend on external support in an all-out bid for power – as they had attempted earlier. The fact that Pakistan wants peace and stability in Afghanistan to deal with the insurgents in its western border areas and that it wants Afghanistan to deny support and sanctuaries to such groups creates convergence in objectives. Trouble may come from a split in the Afghan government ranks – if Karzai decides to play hard ball especially because of the remarkable cohesion being displayed by the Taliban. Much will also depend on how many US troops stay on in Afghanistan with guesses that put the figure anything between 10000 to 25000), what kind of a status of forces agreement is drawn up for these troops and significantly on the capacity of the Afghan security forces.
(Spearhead Analyses are the result of a collaborative effort and not attributable to a single individual)
Meeting dark clouds
By Aima Khosa
ZoneAsia-Pk
Alternatives to combat change world leaders do not seem to want to look at
Doha talks on climate change finally came to an end after a 2 week deadlock over the extension of the Koyoto protocol. Nearly 200 delegates from various countries came to an agreement to cut greenhouse emissions in the next eight years. At the same time, US refused to ratify the Kyoto protocol, Russia had objections to it, India and China were excluded from it.
They called it a ‘modest but essential’ step forward. Any person with the faintest notion of the gravity of the situation would tell you that this is no step in any direction. President Barack Obama in his re-election speech seemed to have finally taken a stand on the growing fears of climate change. Less than a month later, not only did his administration fail to submit a decisive treaty to curb carbon emissions, but also refused to increase funding to help developing countries reduce theirs. This is not to say that the United States has not played its role in reducing its carbon emissions at all. According to the International Energy Agency, US emissions have dropped 7.7 percent since 2006 – “the largest reduction of all countries or regions.” But this was countered with China’s increase in greenhouse emissions by 9.3 percent and India’s 8.7 percent. China is the world’s biggest polluter and India ranks as number four.
Swiss letter has been sent: Law Minister
By: Amir Wasim
The government has finally dispatched a letter to Swiss legal authorities in line with the Supreme Court’s order in the NRO case, seeking revival of a graft case which also involves President Asif Ali Zardari.
Law Minister Farooq Naek told Dawn on Wednesday that the letter addressed to the Swiss attorney general had been sent on Nov 5 through the Foreign Office and Pakistan’s embassy in Switzerland.
Mr Naek said no change had been made in the draft approved by a five-judge SC bench headed by Justice Asif Saeed Khosa during hearing of the NRO judgment implementation case on Oct 10. He said the Supreme Court would be informed about the dispatch of the letter on Thursday morning.
A copy of the letter and the summary of the prime minister’s authorisation to his ministry for writing it would be submitted in the SC in compliance with its order, he said.
“The letter signed by the law secretary has been sent through the Foreign Office to Pakistan’s ambassador in Switzerland with a covering letter to deliver it to the attorney general in Geneva and send us a receipt of confirmation that the letter has been delivered,” he said.
Mr Naek said the sending of the letter had buried for ever allegations that the PPP government did not respect SC’s orders.
Approving the draft presented to it by the law minister, the Supreme Court had given five weeks to the government to send the letter to the Swiss authorities. The next date of hearing is Nov 14 when the minister is required to inform the court about the status of the letter.
Through the letter signed by Law Secretary Justice (retd) Yasmin Abbasey, the government has sought withdrawal of a letter written by former attorney general Malik Abdul Qayyum to his Swiss counterpart Daniel Zappelli on May 22, 2008, telling him that the Pakistan government was withdrawing the mutual legal assistance in the graft case against President Zardari after the promulgation of the National Reconciliation Ordinance (NRO) by military dictator Gen Pervez Musharraf.
“This is with reference to the letter dated 22nd May, 2008, addressed by Malik Mohammad Qayyum, the then Attorney General of Pakistan to Mr Daniel Zappelli, Attorney General, Geneva, Switzerland.
“In view of the directions given by the Supreme Court of Pakistan in Paragraph 178 (copy attached as Annex-I) of its judgment dated 16th December, 2009, in the case of Dr Mobashir Hasan, reported as PLD 2010 SC 265, the aforesaid letter is hereby withdrawn and may be treated as never written and, therefore, revival of requests, status and claims, is sought,” says the draft that had been approved by the SC and read out by Justice Khosa in court while dictating the order.
The letter not only asks for reopening of graft cases worth $60 million against the president but also emphasises the legal protection and immunity available to the president without mentioning constitutional provisions.
“This is without prejudice to the legal rights and defences of the presidents/heads of state which may be available under the law, constitution and international law,” it says, highlighting the immunity enjoyed by President Zardari under Article 248 of the Constitution.
It was after 30 painful months that the NRO saga ended for President Zardari when the Supreme Court approved the government’s draft of the letter – after rejecting three previous drafts – it had ordered to be written to the Swiss legal authorities, while hearing the case for the implementation of its verdict in the NRO case.
“We find that the proposed communication conforms to the requirements of paragraph No.178 of the judgment of this court and it also addresses the relevant concerns of the government of Pakistan voiced before this court by the prime minister on Sept 18,” Justice Khosa had observed.
Former prime minister Yousuf Raza Gilani who was disqualified following his conviction on contempt of court charges for not writing the letter told reporters: “I had been stating since the beginning that the president enjoys immunity under the Vienna Convention and Article 248 of the Constitution. Today, the SC has supported my viewpoint.”
He said every institution was working within constitutional limits.
Worst quarter for India’s economy in 3 years
India is expected Friday to announce its worst quarterly economic growth figures in three years, with economists saying there is scant hope for a swift turnaround in Asia’s third-biggest economy.
Indian business leaders and industry have been clamouring for coordinated action by the government and the central bank to stimulate growth.
India, which once aspired to double-digit expansion, has been hit hard by declining investor confidence, subdued demand and prolonged political logjam that has stalled key reforms.
“The current slowdown is broad-based, and we see little on the horizon to lift growth from its current path,” said Glenn Levine, senior economist at Moody’s Analytics.
Levine expects growth of 5.2 per cent for the first financial quarter of 2012-13, a shade lower than the consensus market forecast of 5.3 per cent.
The figures for the three months to June, set to be announced at 0530 GMT, were expected to deepen the gloom surrounding the Asian giant.
The projected expansion would be the weakest since the last fiscal quarter of 2008-09 when the economy logged 3.5 per cent growth.
While five per cent-plus expansion would be hailed as strong in Western nations, Indian policymakers say the country needs double-digit growth to create jobs for hundreds of millions of young workers.
The government – damaged by a series of corruption scandals – is struggling to introduce economic reforms in parliament that are seen as key to spurring the economy.
But the legislature has been deadlocked by opposition demands for Prime Minister Manmohan Singh to quit over an alleged government giveaway of billions of dollars in coal mining rights to private firms.
India’s once booming industrial sector is in crisis, with output contracting by a shock 1.8 per cent in June. Overseas investor confidence has also tumbled, as shown by figures for foreign direct investment for the quarter to June, which slid year-on-year by 67 per cent to $4.43 billion.
It remains “unclear what the government can do in the next three to six months” to improve the situation, said Siddhartha Sanyal, chief India economist at Barclays Capital.
Global rating agencies have lowered their outlook on India’s investment-grade rating amid rising worries about the government’s deteriorating finances.
The Reserve Bank of India has also warned that prospects are unlikely to improve in the near-term, due to high inflation, the lack of reforms and the impact of weak monsoon rains on farm output.
While other banks globally have been easing rates to revive their troubled economies, India’s policymakers have kept borrowing costs on hold since April – when it cut them for the first time in three years by 50 basis points.
Business leaders and industry have been clamouring for coordinated action by the government and the central bank to stimulate growth.
But the government has no fiscal room to spur the economy and the bank says a cut in subsidies to close India’s gaping deficit and revival of reforms are needed to remove chronic bottlenecks and pave the way for lower rates.
India’s economy is expected to grow by 6.7 per cent in this fiscal year, according to a forecast by an advisory panel to the prime minister, but many economists say that is overly optimistic.
“The mood is downbeat and people have no hope left from the government,” said Jigar Shah, head of research at Kim Eng Securities.
“The only positive (aspect) is that things possibly cannot get worse.”
Rohit Kumar's Views 