Straight to the Top

April 27, 2009

By Scott Horton | Harper’s Magazine, April 27, 2009

Correction, April 29, 2009:

This post requires correction in two respects. First, as already noted, Ed Whelan, former Acting Assistant Attorney General for the Office of Legal Counsel, has categorically denied attending the July 2003 meeting mentioned there. Second, I wrongly described his writing at the National Review as “defenses of torture enablers.” This phrase is both vague and inaccurate, and I apologize for any misunderstanding it may have caused. Whelan has never written anything for the National Review in defense of torture or torture enablers.

The torture trail starts and ends in the White House. That is perhaps the most inescapable conclusion to be drawn from the flurry of documents released in the last week—first the OLC memoranda, then a newly declassified report of the Senate Armed Services Committee, and finally an amazing document that Attorney General Eric Holder released yesterday, which has still gained little attention. The Holder note presents a summary of CIA interaction with the White House in connection with the approval of the torture techniques that John Yoo calls the “Bush Program.” Holder’s memo refers to the participants by their job titles only, but John Sifton runs it through a decoder and gives us the actual names. Here’s a key passage:

“[The] CIA’s Office of General Counsel [this would include current Acting CIA General Counsel John Rizzo] met with the Attorney General [John Ashcroft], the National Security Adviser [Condoleezza Rice], the Deputy National Security Adviser [Stephen Hadley], the Legal Adviser to the National Security Council [John Bellinger], and the Counsel to the President [Alberto Gonzales] in mid-May 2002 to discuss the possible use of alternative interrogation methods [on Abu Zubaydah] that differed from the traditional methods used by the U.S. military and intelligence community. At this meeting, the CIA proposed particular alternative interrogation methods, including waterboarding.”

The report continues to implicate more Bush officials: “On July 13, 2002, according to CIA records, attorneys from the CIA’s Office of General Counsel [including Rizzo] met with the Legal Adviser to the National Security Council [Bellinger], a Deputy Assistant Attorney General from OLC [likely John Yoo], the head of the Criminal Division of the Department of Justice [Michael Chertoff], the chief of staff to the Director of the Federal Bureau of Investigation [Kenneth Wainstein], and the Counsel to the President [Alberto Gonzales] to provide an overview of the proposed interrogation plan for Abu Zubaydah.”

It makes clear that sign-off for torture comes from Condoleezza Rice, acting with the advice of her ever-present lawyer, John Bellinger. Another figure making a key appearance is an Acting Assistant Attorney General for the Office of Legal Counsel named M. Edward Whelan III–presumably the same Ed Whelan who is presently melting his keyboard with defenses of the torture-enablers (Update, April 29, 2009: See correction.) at National Review. (Update: Andrew Sullivan also reported on the appearance of Whelan in the memo, but Whelan responded with a categorical denial that he was involved. This suggests that the memo’s chronology is incorrect and requires some clarification.) The central role played by Rice and Bellinger helps explain the State Department’s abrupt about-face on international law issues related to torture immediately after Rice became Secretary of State and Bellinger became Legal Adviser. It also makes clear that Vice President Cheney and President Bush were fully informed of what has happened and approved.

Torture Used to Try to Link Saddam with 9/11

April 27, 2009

By MARJORIE COHN | Counterpunch, April 24 – 26, 2009

When I testified last year before the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties about Bush interrogation policies, Congressman Trent Franks (R-Ariz) stated that former CIA Director Michael Hayden had confirmed that the Bush administration only waterboarded Khalid Sheikh Mohammed, Abu Zabaydah, and Abd al-Rahim al-Nashirit for one minute each. I told Franks that I didn’t believe that. Sure enough, one of the newly released torture memos reveals that Mohammed was waterboarded 183 times and Zubaydah was waterboarded 83 times. One of Stephen Bradbury’s 2005 memos asserted that “enhanced techniques” on Zubaydah yielded the identification of Mohammed and an alleged radioactive bomb plot by Jose Padilla. But FBI supervisory special agent Ali Soufan, who interrogated Zubaydah from March to June 2002, wrote in the New York Times that Zubaydah produced that information under traditional interrogation methods, before the harsh techniques were ever used.

Why, then, the relentless waterboarding of these two men? It turns out that high Bush officials put heavy pressure on Pentagon interrogators to get Mohammed and Zubaydah to reveal a link between Saddam Hussein and the 9/11 hijackers, in order to justify Bush’s illegal and unnecessary invasion of Iraq in 2003. That link was never established.

President Obama released the four memos in response to a Freedom of Information Act request by the ACLU. They describe unimaginably brutal techniques and provide “legal” justification for clearly illegal acts of torture and cruel, inhuman or degrading treatment. In the face of monumental pressure from the CIA to keep them secret, Obama demonstrated great courage in deciding to make the grotesque memos public. At the same time, however, in an attempt to pacify the intelligence establishment, Obama said, “it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.”

In startlingly clinical and dispassionate terms, the authors of the newly-released torture memos describe and then rationalize why the devastating techniques the CIA sought to employ on human beings do not violate the Torture Statute (18 U.S.C. sec. 2340).

The memos justify 10 techniques, including banging heads into walls 30 times in a row, prolonged nudity, repeated slapping, dietary manipulation, and dousing with cold water as low as 41 degrees. They allow shackling in a standing position for 180 hours, sleep deprivation for 11 days, confinement of people in small dark boxes with insects for hours, and waterboarding to create the perception they are drowning. Moreover, the memos permit many of these techniques to be used in combination for a 30-day period. They find that none of these techniques constitute torture or cruel, inhuman or degrading treatment.

Waterboarding, admittedly the most serious of the methods, is designed, according to Jay Bybee, to induce the perception of “suffocation and incipient panic, i.e. the perception of drowning.” But although Bybee finds that “the use of the waterboard constitutes a threat of imminent death,” he accepts the CIA’s claim that it does “not anticipate that any prolonged mental harm would result from the use of the waterboard.” One of Bradbury’s memos requires that a physician be on duty during waterboarding to perform a tracheotomy in case the victim doesn’t recover after being returned to an upright position.

As psychologist Jeffrey Kaye points out, the CIA and the Justice Department “ignored a wealth of other published information” that indicates dissociative symptoms, changes greater than those in patients undergoing heart surgery, and drops in testosterone to castration levels after acute stress associated with techniques that the memos sanction.

The Torture Statute punishes conduct, or conspiracy to engage in conduct, specifically intended to inflict severe physical or mental pain or suffering. “Severe mental pain or suffering” means the prolonged mental harm caused by or resulting from either the intentional infliction or threatened infliction of severe physical pain or suffering, or from the threat of imminent death.

Bybee asserts that “if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” He makes the novel claim that the presence of personnel with medical training who can stop the interrogation if medically necessary “indicates that it is not your intent to cause severe physical pain.”

Now a federal judge with lifetime appointment, Bybee concludes that waterboarding does not constitute torture under the Torture Statute. However, he writes, “we cannot predict with confidence whether a court would agree with this conclusion.”

Bybee’s memo explains why the 10 techniques could be used on Abu Zubaydah, who was considered to be a top Al Qaeda operative. “Zubaydah does not have any pre-existing mental conditions or problems that would make him likely to suffer prolonged mental harm from [the CIA’s] proposed interrogation methods,” the CIA told Bybee. But Zubaydah was a low-ranking Al Qaeda operative, according to leading FBI counter-terrorism expert Dan Coleman, who advised a top FBI official, “This guy is insane, certifiable, split personality.” This was reported by Ron Suskind in his book, The One Percent Doctrine.

The CIA’s request to confine Zubaydah in a cramped box with an insect was granted by Bybee, who told the CIA it could place a harmless insect in the box and tell Zubaydah that it will sting him but it won’t kill him. Even though the CIA knew that Zubaydah had an irrational fear of insects, Bybee found there would be no threat of severe physical pain or suffering if it followed this procedure.

Obama’s intent to immunize those who violated our laws banning torture and cruel treatment violates the President’s constitutional duty to “take Care that the Laws be faithfully executed.”

U.S. law prohibits torture and cruel, inhuman or degrading treatment, and requires that those who subject people to such treatment be prosecuted. The Convention against Torture compels us to refer all torture cases for prosecution or extradite the suspect to a country that will undertake a criminal investigation.

Obama has made a political calculation to seek amnesty for the CIA torturers. However, good faith reliance on superior orders was rejected as a defense at Nuremberg and in Lt. Calley’s Vietnam-era trial for the My Lai Massacre. The Torture Convention provides unequivocally, “An order from a superior officer or a public authority may not be invoked as a justification for torture.”

There is evidence that the CIA was using the illegal techniques as early as April 2002, three to four months before the August memo was written. That would eliminate “good faith” reliance on Justice Department advice as a “defense” to prosecution.

The Senate IntelligenceCommittee revealed that Condoleezza Rice approved waterboarding in July 17, 2002 “subject to a determination of legality by the OLC.” She got it two weeks later from Bybee and John Yoo. Rice, Dick Cheney, John Ashcroft, Alberto Gonzales and George Tenet reassured the CIA in spring 2003 that the abusive methods were legal.

Obama told AP’s Jennifer Loven in the Oval Office: “With respect to those who formulated those legal decisions, I would say that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don’t want to prejudge that.” If Holder continues to carry out Obama’s political agenda by resisting investigations and prosecution, Congress can, and should, authorize the appointment of a special independent prosecutor to do what the law requires.

The President must fulfill his constitutional duty to ensure that the laws are faithfully executed. Obama said that “nothing will be gained by spending our time and energy laying blame for the past.” He is wrong. There is more to gain from upholding the rule of law. It will make future leaders think twice before they authorize the cruel, illegal treatment of other human beings.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild and author of Cowboy Republic. and co-author of the new book, Rules of Disengagement: The Politics and Honor of Military Dissent. Her articles are archived at www.marjoriecohn.com.

Iraq: US raid broke security pact

April 27, 2009
Al Jazeera, April 27, 2009

The security pact says US troops in Iraq are no longer allowed to conduct military operations [AFP]

Nuri al-Maliki, Iraq’s prime minister, has denounced a US raid on targets near Baghdad as “a crime”, saying that it violated the security pact between the two countries.

Two people were killed in the raid on a house in Kut, 150km southeast of Baghdad on Sunday, according to Iraqi officials said, but the US disputed the details of the attack.

The US military said that just one person, a women, was killed during the operation, which it said targeted the financier of Shia fighters funded and armed by Iran.

The military said that six suspected fighters were arrested, but Iraqi officials said the men were later released.

Mohammed al-Askari, the defence ministry spokesman, said “the committee has managed to get the six people detained by the Americans released”.

Security row

Al-Maliki has demanded that US forces hand over those responsible for the attack to the courts, an Iraqi official said.

“We condemn this horrific incident. It violates the agreements between US forces and the Iraqi government”

Latif al-Tarfa, governor of Wasit province

Under the US-Iraqi security pact, which came into force this year, the 137,000 US troops in Iraq are no longer allowed to conduct military operations without Iraqi approval and co-ordination.It also says that US soldiers are immune to prosecution in Iraqi courts unless they are suspected of grave crimes committed while off duty outside their bases.

The US military said that the operation was undertaken within the framework of the security pact and that “the operation was fully co-ordinated and approved by the Iraqi government”.

The row marks the most serious test of the security pact so far.

But efforts were quickly launched in an attempt to tone down the dispute and Colonel Richard Francey, from the US military, offered condolences to the family of the woman killed.

‘Horrific incident’

Baghdad’s condemnation of the raid came after hundreds of Iraqis protested in Kut against the US operation.

Hundreds of protesters shouted angry slogans as they carried two coffins through the streets of Kut.

“We condemn this horrific incident. It violates the agreements between US forces and the Iraqi government,” Latif al-Tarfa, governor of Wasit province, said.

“Innocent people were killed and the city is now very tense.”

Aziz al-Amara, an Iraqi police officer, who commands a rapid reaction force in Kut, said all of those targeted in the raid were innocent and that one of those arrested was a police captain.

“They were poor people. They do not cause any political or security problems,” he said.

Officials arrested

The Iraqi defence ministry ordered the arrest of two high-ranking Iraqi officers for their alleged roles in allowing US forces to operate in Kut.

It also sent a committee to Kut to investigate.

The raid came just months before US combat troops are due to withdraw from Iraqi cities.

Barack Obama, the US president, has ordered all US combat operations in Iraq to cease in August 2010 ahead of the full withdrawal by the end of 2011.

Kut, and the surrounding Wasit province, were the last area south of Baghdad to be handed over to Iraqi forces last October.

Tamil ceasefire bid fails as fears grow for 50,000 trapped civilians

April 27, 2009

By Ben Farmer | Irish Independent, Monday April 27, 2009

Sri Lanka‘s government last night rejected a ceasefire offered by Tamil Tiger rebels who said they were prepared to allow humanitarian workers access to up to 50,000 civilians trapped by fighting.

The unilateral offer came after the United Nations appealed for a ‘pause’ in the fighting, which is centred around a tiny strip of land in the north-east of the island.

But Gotabhaya Rajapakse, the Sri Lankan defence minister, said the offer was a “joke” and instead demanded that the rebels surrender.

“There is no need of a ceasefire. They must surrender,” said Mr Rajapakse.

A Tiger statement announced the ceasefire “in the face of an unprecedented humanitarian crisis and in response to the calls made by the UN, EU, the governments of India and others”.

The civilians are trapped in the last remaining Tiger enclave, where they have little food or clean water and are taking “very high” casualties, according to the UN.

John Holmes, UN under-secretary general for humanitarian affairs, said there was an “urgent need” for aid agencies to get into the combat zone.

But government forces fear the Tigers will use a pause in fighting to regroup or escape.

A Tiger spokesman said that the group’s fighters would only keep their offer of a ceasefire if the government reciprocated.(©Daily Telegraph, London)

– Ben Farmer

Real World Reasons Against Torture

April 26, 2009

By Coleen Rowley | Consortiumnews.com, April 24, 2009

Editor’s Note: Former Vice President Dick Cheney and other Bush administration defenders keep insisting that their “enhanced interrogation techniques” worked and that people would feel differently about these tactics if they only knew the wonderful results.

That, however, is not the view of many professional interrogators who were sickened by the Bush administration’s torture for ethical, legal and practical reasons, as former FBI agent/legal counsel Coleen Rowley notes in this guest essay:

Back in December 2007, when I wrote “Torture is Wrong, Illegal and It Doesn’t Work,” I mentioned that “the FBI agent who reportedly had the best chance of foiling the 9/11 plot, Ali Soufan, the only Arabic-speaking agent in New York and one of only eight in the country, and who has since resigned from the FBI, could and should tell people the truth of how the CIA’s tactics were counterproductive.”

Well guess what?! HE FINALLY DID SO on Thursday!

“My Tortured Decision” is how former FBI Agent Soufan titled his New York Times op-ed, speaking out to specifically refute a number of Dick Cheney’s lies about how torture “worked”. The truth, according to Soufan, is quite the opposite.

Soufan wrote: “There was no actionable intelligence gained from using enhanced interrogation techniques on Abu Zubaydah [the first al-Qaeda suspect subjected to waterboarding and other harsh tactics] that wasn’t, or couldn’t have been, gained from regular tactics.

“In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions — all of which are still classified. The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [For the full op-ed, click here.]

Former Agent Soufan is to be applauded for speaking out after seven years, something even FBI Director Mueller has not really found the courage to do (although Mueller was forced recently to truthfully admit that no attack on America has been disrupted as a result of intelligence obtained through “enhanced techniques”).

I agree with almost everything Soufan writes except his wish that no agency officials at the CIA be prosecuted because almost all of them were “good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective and harmful to our national security.” But he says (implying, whether he realizes it or not, the Nuremberg Defense), they simply had to follow orders.

No disagreement exists on how difficult — literally between a rock and a hard place, any government employee finds him or herself when given illegal and wrongful orders.

When the “green light” was turned on to torture, it was akin to the terrible situation that helicopter pilot Hugh Thompson Jr. found himself in when he looked down from his helicopter to see Lt. William Calley and his men massacring Vietnamese villagers at My Lai. [For details, see Consortiumnews.com’s “Death of an American Hero.”]

It was similar to the horrible situation that Daniel Ellsberg found himself in when he realized what was in the Pentagon Papers undercut several presidential administrations’ lies in launching and keeping the Vietnam War going.

There is presently no protection whatsoever for government whistleblowers who find themselves in these situations, especially those who work in intelligence.

As it stands now, if you follow your conscience and speak out internally, you will, at the very least, be retaliated against, possibly fired and at worst, if you speak out publicly as Justice Department Attorney Thomas Tamm did about Bush’s illegal warrantless monitoring, you will subject yourself to criminal prosecution as a “leaker.”

So it’s quite understandable how former Agent Soufan sees the choice as going along with the illegal orders or resigning to avoid personal direct involvement but maintaining silent complicity.

As I wrote in an April 18 letter published in the New York Times: “It’s true, and proved repeatedly in social psychology experiments, that otherwise good people will tend to conform to authority. It’s true that people, under such circumstances, often fail to listen to their consciences. But don’t conflate this obedience factor with not being able to appreciate the wrongfulness.”

On my own personal note, the final thing I did the day I retired from the FBI (in December, 2004) was e-mail my last mini-legal lecture to every employee in the entire Minneapolis FBI office warning my former colleagues how the “green light” would inevitably go out, and when that happens, it always leaves the little guys holding the bag.

Nearly all the little guys in government knew, by that time, about the green-but-evil light that had been turned on. And even though the FBI was not going along with the torture tactics, it was going overboard in other areas involving massive data collection on American citizens.

Because I was already persona non grata in the FBI for having spoken out about wrongful over-reactions and counterproductive responses after 9-11, I would only catch others’ hushed whispers about the “green light” stuff, but I think nearly everyone was well aware.

That last warning was the least I could do as I walked out the door but in all probability, many who got my goodbye e-mail immediately deleted it as they dreaded any reminder about “green lights” that always go out.

In the criminal justice system, the mitigating circumstances of such difficult, untenable situations and choices of subordinate government employees are not irrelevant and would be evaluated.

In the course of criminal investigation, it’s common to give immunity to underlings who, it is found, had little or no choice but to follow orders and are therefore not as culpable as those in power giving the orders.

Additionally, once the truth of the facts is ascertained, there’s room for all kinds of humanitarian arguments as to what, if any, are proper “punishments.” With respect to those on the receiving end of illegal orders, I’d volunteer to help explain how absolutely difficult their situation is.

I’d even help the defense find a social psychologist or two who can demonstrate what all the experiments on “group think” and “obedience to authority” have proven with regard to human behavior.

But this would go to evaluating relative responsibility and mitigating punishments and should not be used as a reason to jump over the most crucial first phase of the criminal justice process: the fact-finding ascertainment of truth.

We’ve already heard enough from fictional characters like Jack Bauer. It’s time to hear from real agents who operated in the real world like Ali Soufan.

After we hear the facts, then let’s also hear the mitigating circumstances of how difficult, how very difficult it is not to follow a President’s orders in the real world.

Coleen Rowley, a FBI special agent for almost 24 years, was legal counsel to the FBI Field Office in Minneapolis from 1990 to 2003.  She came to national attention in June 2002, when she testified before Congress about serious lapses before 9/11 that helped account for the failure to prevent the attacks.  She now writes and speaks on ethical decision-making and on balancing civil liberties with the need for effective investigation.

US escalates threats against Pakistan

April 26, 2009

By Keith Jones | WSWS, 25 April 2009

US Defence Secretary Robert Gates has warned Pakistani authorities that US-Pakistan relations will be imperiled unless Islamabad heeds Washington’s admonitions and bloodily suppresses a growing Islamacist insurgency that has been fueled by the US occupation of Afghanistan.

Speaking Thursday at North Carolina’s Camp Lejeune, Gates declared, “It is important that they not only recognize it [the threat], but take appropriate actions to deal with it.” Action against the Islamacist militia, said Gates, is “central to our future partnership with the government in Islamabad.”

Gates’s remarks were part of a flurry of statements this week from Obama administration officials, Pentagon generals, and US Congressional leaders accusing Pakistan’s government and military of appeasing the Taliban.

The immediate trigger for the ratcheting up of pressure on Islamabad was the Pakistani government’s loss of control over the North-West Frontier Province district of Buner, which lies only 100 kilometers (70 miles) northwest of Islamabad, to four to five hundred Islamacist insurgents. But US officials, beginning with President Obama himself, have for months been pressing Pakistani authorities to do more to support the pacification of Afghanistan, claiming that Pakistan’s border regions constitute a “safe-haven” for the Taliban and that if the US is to prevail in the Afghan war, it must be extended into Pakistan. A key concern for the Pentagon is the mounting number of attacks on the Pakistani supply routes that carry 80 percent of the food, fuel and arms consumed by the US occupation force in Afghanistan.

On Wednesday US Secretary of State Hillary Clinton rebuked Pakistan’s government for “abdicating to the Taliban and the extremists.”

“(We) cannot underscore the seriousness of the existential threat posed to the state of Pakistan by the continuing advances now within hours of Islamabad that are being made by a loosely confederated group of terrorists and others who are seeking the overthrow of the Pakistani state,” Clinton told the US House of Representatives’ Foreign Affairs Committee.

On Thursday morning, Obama held an emergency meeting attended by Clinton, Vice-President Joe Biden, and Richard Holbrooke, the US’s special envoy to Afghanistan and Pakistan, to discuss US-Pakistan relations and recent developments in Pakistan.

Speaking to reporters following the meeting, White House Press Secretary Robert Gibbs said the administration was “extremely concerned,” adding that Pakistan “is something that takes a lot of the president’s time.” “What is happening in Pakistan and Afghanistan,” said Gibbs, “is the central foreign policy focus of this administration.”

Continuing a strategy of illegal, unilateral aggression begun under the Bush administration, Washington is regularly mounting drone missile strikes within Pakistan. Earlier this month, Holbrooke and the head of the US Joint Chiefs of Staff, Admiral Mike Mullen, unsuccessfully pressed Islamabad to agree to joint operations with US forces inside Pakistan.

According to Holbrooke, Pakistan and not Afghanistan will now be at the top of the agenda when Obama hosts a trilateral summit of the presidents of the US, Afghanistan and Pakistan May 6-7. The summit, said Holbrooke, “was conceived in an atmosphere that has now changed significantly, and the focus is increasingly on Pakistan.

In recent weeks Obama administration insiders, Pentagon generals, and longtime strategists of US imperialism like Henry Kissinger and Zbigniew Brzezinski have been making increasingly apocalyptic statements about Pakistan’s future. It has been repeatedly suggested that the nuclear-armed state of 170 million could soon break up along national-ethnic lines or fall in large part, if not wholly, under the control of anti-US Islamic fundamentalists.

Born of the reactionary, British imperialist-instigated communal partition of the Indian subcontinent, Pakistan is indeed beset by multiple, interconnected crises—crises that the rapacious policies of US imperialism are enormously exacerbating.

Determined to prevail in the Afghan war, so as to assert US dominance in oil-rich Central Asia, Washington is demanding that Islamabad subordinate its interests ever-more completely to those of the US. To the Pakistani elite this represents a double threat: the policies the US has imposed on Pakistan are highly unpopular, further discrediting a corrupt and fundamentally undemocratic political system and fueling social unrest; they also are at odds with important elements of Pakistan’s strategy for contending with arch-rival India.

The occupation of Afghanistan is rightly opposed by the majority of the Pakistani people as a predatory war—they only have to remember the Bush administration’s enthusiastic support for the dictator General Prevez Musharraf. Yet Washington is insisting that the Pakistani military place the country’s border regions under an ever-tighter military occupation. The brutal, colonial-style pacification methods the Pakistani military has employed in repeated offensives in the Federally Administered Tribal Areas (FATA) have only inflamed the local populace, stoked Pashtun nationalism, and caused serious rifts within the ranks of the army, many of whose soldiers are drawn from the Pashtun peasantry.

Washington is also fully supporting IMF-dictated measures to “stabilize” the Pakistani economy, including the elimination of energy subsidies, social spending cuts, and privatization, which will only increase the suffering of the country’s toilers.

The US media is forced to concede that Washington is reviled by the Pakistani people, but of course they cannot and will not explain why: the US’s sponsorship of a succession of right-wing military dictatorships; its use of Pakistan as a pawn in its geo-political strategy, stretching back to the early days of the Cold War; its cynical manipulation of aid dollars, bullying and threats; and its relentless pressure for a large-scale counter-insurgency war in wide swathes of Pakistan.

Hillary Clinton in her testimony to the House Foreign Relations Committee last Wednesday did make oblique reference to the grossly unequal social order that the US has helped sustain in Pakistan and that is helping fuel the anti-US and anti-government insurgency in the country’s impoverished Afghan border region. “The government of Pakistan,” said Clinton, “… must begin to deliver government services, otherwise they are going to lose out to those who show up and claim that they can solve people’s problems …”

Pakistani authorities initially played down the “Talibanization” of Buner. Only last week, the Pakistani National Assembly voted unanimously in favor of a “peace deal” with Islamacist militia, which for two years had fought intermittently with Pakistani security forces in the adjacent Swat Valley. Under this agreement, in six districts of the Malkand Division of the North-West Frontier Province, including Buner, a strict, Islamic fundamentalist form of sharia law is to be enforced. The agreement calls for the Islamacist militiamen in the Swat Valley to hand their weapons over to authorities. Instead many moved into Buner beginning this Wednesday, forcing local policemen to seek refuge in police stations, and taking control of an important shrine.

In response, the Pakistani government dispatched less than 150 Frontier Constabulary. The first contingent was forced to retreat after coming under fire in an ambush that killed two constables.

But by Thursday, in response to the US pressure, the government and military were vowing that they would not allow the writ of the Pakistani government to be challenged. Prime Minister Yousaf Raza Gilani said that Swat Valley agreement would be reviewed if the challenges to the government’s authority continued. “We reserve the right to go for other options if Talibanization continues,” said Gilani.

Army chief General Ashfaq Kiyani vowed that the military “will not allow the militants to dictate terms to the government or impose their way of life on the civil society of Pakistan” and said the pause in army operations against the Islamacist militia was aimed at giving “reconciliatory forces a chance [and] must not be taken for a concession to the militants.”

At the same time, Kiyani denounced the “pronouncements by outside powers raising doubts on [the] future of Pakistan.”

The Pakistani Taliban said Friday that it was withdrawing from Buner, and Pakistani television broadcast video of them pulling out.

There are reports that the Pakistani military will, nevertheless, soon be ordered to disarm the pro-Taliban militia or drive it out of the Swat Valley.

Tensions between the US and Pakistani elite will, however, continue to boil. The Obama administration’s “Afghan surge”—the near doubling to 65,000 of the US military in Afghanistan—will result in a massive escalation of the bloodletting in Afghanistan that will inevitably spill over into Pakistan and incite further opposition among the Pakistani people.

The Pakistani elite, meanwhile, bitterly resents the burgeoning strategic partnership between the US and India. This partnership has involved increasing sales of advanced military equipment to India and Washington’s lifting of an international embargo on international civilian nuclear trade with India, which will allow India to concentrate the resources of its indigenous nuclear program on weapons development.

Obama administration officials have repeatedly demanded that Islamabad shift troops from its eastern border with India to its Afghan border regions, while very publicly repudiating earlier suggestions that they might press India to make concessions to Pakistan over Kashmir.

To Islamabad’s chagrin, India, with Washington’s full support, has emerged as a key provider of economic aid and military training to the US-imposed Afghan government. In a statement that could only have enraged the Pakistani elite, Clinton asserted Wednesday that India has a pivotal role to play in assisting the US in Afghanistan and Pakistan. “The US,” she told the House Foreign Relations Committee, “is advancing its relationship with India as part of a wide-ranging diplomatic agenda to meet today’s daunting challenges topped by the situation in Pakistan and Afghanistan.”

Sri Lankan envoy rejects calls for ceasefire

April 26, 2009

The Peninsula Online, April 25, 2009

Source:  AFP

GENEVA: Sri Lanka’s ambassador to the United Nations in Geneva yesterday rejected calls for a humanitarian pause in the Tamil conflict, saying temporary ceasefires did not work.

“The largest number of civilians who have come out (of the conflict zone) came out not during the humanitarian pause, not as a result of the humanitarian pause,” said Dayan Jayatilleke.

“They came out as a result of a military operation which … blindsided the .”

The United Nations on April 17 made a fresh call for humanitarian pauses to allow civilians to flee. Rajiva Wijesinha, who heads Sri Lanka’s government Secretariat for Coordination of the Peace Process, said in Geneva that 110,000 people have fled the conflict zone since renewed hostilities.

Jayatilleke and Wijesinha spoke in a press conference as hundreds of Tamils streamed into the main square outside the UN building a kilometre (half- mile) away to demonstrate against hostilities in the north of Sri Lanka.

Sheryl Mathavan, an organiser of the event, said “thousands are expected,” including about 2,000 from Switzerland and many other Tamils from other European countries. “We are demonstrating against genocide and racial discrimination in Sri Lanka. We want an immediate ceasefire. We want the UN to intervene to stop the genocide,” she said, as she joined demonstrators carrying the Tamil Tiger flag.

Both Sri Lankan officials criticised the demonstration, with Wijesinha saying he was “deeply upset that countries which have banned the Tigers are not treating this as terrorism.”

“How can Western liberal society permit a movement that is clearly militarised to use and misuse western democratic space in this manner?” Jayatilleke said.

Dozens of CIA “Ghost Prisoners” Missing

April 26, 2009

By William Fisher | Inter Press Service News

NEW YORK, Apr 24 (IPS) – At least three dozen detainees who were held in the CIA’s secret prisons overseas appear to be missing – and efforts by human rights organisations to track their whereabouts have been unsuccessful.

The story of these “ghost prisoners” was comprehensively documented last week by Pro Publica, an online investigative journalism group.

In September 2007, Michael V. Hayden, then director of the CIA, said, “fewer than 100 people had been detained at CIA’s facilities.” One memo released last week confirmed that the CIA had custody of at least 94 people as of May 2005 and “employed enhanced techniques to varying degrees in the interrogations of 28 of these.”

Former President George W. Bush publicly acknowledged the CIA programme in September 2006, and transferred 14 prisoners from the secret jails to Guantanamo. Many other prisoners, who had “little or no additional intelligence value,” Bush said, “have been returned to their home countries for prosecution or detention by their governments.”

But Bush did not reveal their identities or whereabouts – information that would have allowed the International Committee for the Red Cross to find them – or the terms under which the prisoners were handed over to foreign jailers.

The U.S. government has never released information describing the threat any of them posed. Some of the prisoners have since been released by third countries holding them, but it is still unclear what has happened to dozens of others, and no foreign governments have acknowledged holding them.

Gitanjali Gutierrez, an attorney with the Centre for Constitutional Rights (CCR), which represents Majid Khan, a former ghost detainee at Guantánamo, told IPS, “The Obama administration must change course from its ‘forward-looking’ path because it leaves too many critical questions unanswered, including those about the fate of ghost prisoners held by the United States.”

“The United States is strong enough to examine the CIA and other agencies’ activities, to punish individuals who violated our laws, and to ensure that our nation does not slip to the dark side again,” she said.

Pro Publica reported that former officials in the Bush administration said that the CIA spent weeks during the summer of 2006 – shortly before Bush acknowledged the CIA prisons and suspended the programme – transferring prisoners to Pakistani, Egyptian and Jordanian custody.

The organisation said the population inside the programme had been shrinking since the existence of the prisons was detailed in a Washington Post article in November 2005. Renewed diplomatic relations between the U.S. and Libya in May 2006 made it possible for the CIA to turn over Libyan prisoners to Moammar Gadhafi’s control.

Joanne Mariner, director of the Terrorism and Counterterrorism Programme at Human Rights Watch, said, “If these men are now rotting in some Egyptian dungeon, the administration can’t pretend that it’s closed the door on the CIA programme.”

“Making the Justice Department memos on the CIA’s secret prison programme public was an important first step, but the Obama administration needs to reveal the fate and whereabouts of every person who was held in CIA custody,” she said.

The Red Cross has had access to and documented the experiences of only the 14 so-called “high value detainees” who were publicly moved out of the CIA programme and into the prison at Guantanamo Bay.

In June 2007, human rights groups released the names of three dozen people whose fates remained unknown.

“Until the U.S. government clarifies the fate and whereabouts of these individuals, these people are still disappeared, and disappearance is one of the most grave international human rights violations,” said Margaret Satterthwaite, a law professor at New York University. “We clearly don’t know the story of everyone who has been through the programme. We need to find out where they are and what happened.”

In a related development, the American Civil Liberties Union (ACLU) has asked the Obama administration to make public records pertaining to the detention and treatment of prisoners held at the Bagram Airfield in Afghanistan.

The ACLU filed a Freedom of Information Act (FOIA) request for records pertaining to the number of people currently detained at Bagram and their names, citizenship, place of capture and length of detention. The ACLU is also seeking records pertaining to the process afforded those prisoners to challenge their detention and designation as “enemy combatants.”

“The U.S. government’s detention of hundreds of prisoners at Bagram has been shrouded in complete secrecy. Bagram houses far more prisoners than Guantánamo, in reportedly worse conditions and with an even less meaningful process for challenging their detention, yet very little information about the Bagram facility or the prisoners held there has been made public,” said Melissa Goodman, staff attorney with the ACLU National Security Project.

She told IPS, “Without transparency, we can’t be sure that we’re doing the right thing – or even holding the right people – at Bagram.”

Recent news reports suggest that the U.S. government is detaining more than 600 individuals at Bagram, including not only Afghan citizens captured in Afghanistan but also an unknown number of foreign nationals captured thousands of miles from Afghanistan and brought to Bagram.

Some of these prisoners have been detained for as long as six years without access to counsel, and only recently have been permitted any contact with their families. At least two Bagram prisoners have died while in U.S. custody, and Army investigators concluded that the deaths were homicides.

“When prisoners are in American custody and under American control, no matter the location, our values and commitment to the rule of law are at stake,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project. “Now that President Obama has taken the positive step of ordering Guantánamo shut down, it is critical that we don’t permit ‘other Gitmos’ to continue elsewhere.”

The ACLU’s request is addressed to the Departments of Defence, Justice and State, as well as the CIA.

A federal judge recently ruled that three prisoners being held by the U.S. at Bagram can challenge their detention in U.S. courts, in habeas corpus suits brought by a group of human rights legal advocates.

The prisoners, who were captured outside of Afghanistan and are not Afghan citizens, have been held there for more than six years without charge or access to counsel. The Obama administration is appealing the ruling.

Does Pakistan need more religion?

April 25, 2009

Babar Sattar | The News International, Saturday, April 25, 2009

An assumption underlying the debate over our sprawling Talibanisation has been that enforcement of Sharia is a good thing, just not the Taliban brand of Sharia. But how can we know whether a majority of Pakistanis want Sharia to be “enforced” upon them when we have never had a candid debate on the role of religion in this country?

As a state and a society we have put in place a coercive environment where it is heretical to question any social, political or economic agenda articulated in the name of Islam. Our self-enforced inhibition to debate the role of religion in defining the relationship between the citizen and the state in Pakistan is not only breeding and reinforcing religious intolerance in the country but has created an environment where any political agenda camouflaged as a programme for enforcement of Sharia automatically acquires prima facie legitimacy without any scrutiny of the merits of such agenda or its Islamic credentials.

Sufi Mohammed and other semi-literates who support armed jihad, wear a beard and possess a bully pulpit, have arrogated to themselves the divine right to speak in the name of God. These self-styled guardians of Islam have no qualms about openly declaring that anyone opposed to their political agenda is a “fasid,” “mushrik” or “kafir” who automatically stands ousted from the realm of Islam and is liable to be killed. Even when Sufi Mohammed declared that the MQM was a heretical party and our Parliament and judicature constituted an un-Islamic system, our prime minister and other parliamentarians refused to respond to such “personal opinion” of the new emir of Swat.

The elites in Pakistan and mainstream political parties have shown a tendency not to engage in religious discourse. No one wishes to get on the wrong side of the maulvi, who might be an underdog in terms of our societal power dynamics but has accumulated considerable nuisance value over the decades. There has been no focus in Pakistan on the education and training of the maulvi, who is generally drawn from the more deprived sections of the society and drifts towards madrasa or mosque in seeking a full-time vocation in the absence of any alternative prospect of upward professional or social mobility. And yet he has access to the podium in the mosque and the ability to influence the thinking of those who pray behind him, as his legitimacy is a consequence of his position in the mosque, and not derived from his credentials as a scholar of Sharia or Fiqh.

There is religious discourse in the country. But the Parliament or the more educated and progressive sections of the society are neither defining the contours of this discourse nor engaging with it. The consequence is the proliferation of a brand of faith that is seen as being retrogressive and cruel, and that huge sections of the society do not own up or relate to. The village maulvi has been offering half-baked solutions to the complex problems afflicting Pakistan for decades. The Taliban are now doing the same, except that they have also acquired control and monopoly over means of coercion in many parts of Pakistan and thus have the ability to implement their obscurantist agenda. Instead of proposing solutions inspired by Islamic values to the myriad problems of a complex society the Taliban are determined to slap the rest of their compatriots to an ancient time and create a medieval society that simply doesn’t have complex problems.

The crude concept of penal justice and social justice that the Taliban are marketing could be appealing to some deprived, disempowered and disgruntled sections of the society that have lost faith in the ability and will of the state to protect and promote their interests. But the problems that we confront today are the products of a moth-eaten dysfunctional system of governance and not the lack of piety or religion in the country. Forcing people to pray publicly, bullying men into wearing a beard and tying the “shalwar” higher than is customary, and shrouding or shunning women to their homes and excluding them from public life will not make our problems go away. Even assuming for a minute that the freedom and liberty that many value within the society is overrated, what is it that enforcement of some new Sharia system will enable us to do and how is our present constitutional system holding us back?

Over 96 percent of the citizens of Pakistan are Muslims. Some abide by a maximal view of religion and wish to be informed by the texts of the Quran and the Sunnah in performing each and every act in their daily lives. Some follow a minimalist view and while following the mandatory injunctions of Islam they believe to have been endowed with choices and discretion to order their lives. Some acknowledge the mandatory nature of various injunctions of Islam, but lack the discipline or the will to comply with such injunctions. Many are confused about the role religion should play in their public lives and still others are convinced that religion is a private matter between the person and his Creator and has no role in dictating public choices that a community makes as a collectivity. How, then, do we conclude so readily that a majority of the citizens of Pakistan wish Sharia to be “enforced” in the country?

The question of Sharia enforcement must be distinguished from the debate on whether or not Pakistan should be a secular state–i.e., one where the state is legally separated from religion and maintaining a neutral position neither promotes nor prohibits religion. The question being posed here is whether we should be a Muslim nation-state or endeavour to become an Islamic state. We are presently a Muslim nation-state simply by virtue of the fact that our overwhelming majority is Muslim. Islamic rituals and Sharia is already a part of Muslim households, with birth, death, marriage, divorce and inheritance being dealt with in Islamic tradition together with varied compliance with other rituals of Islam. We have a Constitution that states that Islam is the religion of the state and that Muslims shall be “enabled” to order their lives in accordance with the teachings and requirements of Islam.

We have constitutionally created the Council of Islamic Ideology comprising celebrated religious scholars of the country to advise the executive and the legislature on whether any laws are repugnant to Islam. We have a Federal Shariat Court that adjudicates issues that deal with or require enforcement of Islamic law and we have a Shariat Bench as part of our Supreme Court to sit in appeal over decisions of the Federal Shariat Court. Thus, we would have been a Muslim nation-state if we didn’t have institutionalised arrangements to formally incorporate Islamic edicts within our law and jurisprudence. But as an Islamic state we have acquiesced in a minimalist view of religion, whereby any law or ruling repugnant to Islam is to be struck down; but in areas where there is no binding Islamic edict, representatives of the people have the discretion to determine what the law should be. What, then, is enforcement of Sharia meant to achieve? Given that all Muslims agree that there is an obligation to offer prayers five times a day, should we promulgate a law requiring the state to flog whoever fails to say such prayers?

Is it desirable to remove the sensible distinction between a crime and a sin and require the state to step into the shoes of God and sit in judgment over the piety of citizens and punish those found wanting? And, given that Islam as a religion hasn’t bestowed the authority on any individual or institution to speak authoritatively in the name of God or render one authentic interpretation of the edicts enshrined in the Quran and Sunnah, who will determine which conception of Sharia is the legitimate one? Can the state, then, authorise or tolerate one group of people coercing others into complying with their conception of Sharia or itself get into the business of defining a legally binding concept of Sharia? Should the state expand its existing constitutional mandate of ‘enabling’ citizens to order their lives in accordance with Islamic teachings to get into the business of “enforcing” a certain conception of individual Islamic obligations of Muslims?

The liberals in Pakistan continue to reiterate Jinnah’s vision for a secular Pakistan and his speech of Aug 11, 1947, emphasising that the state would have nothing to do with religion. But even if we concede for a moment that “Pakistan ka matlab kya, la illa ha illallah” summarises the true purpose of Pakistan’s creation, the slogan means different things to different people. There is urgent need for us to have an open public debate in the country to evolve a consensus over the role that the state can, and should, legitimately plan in relation to Islam. So long as we continue to abdicate the responsibility of defining for ourselves the manner in which we wish the state and religion to interact in Pakistan out of timidity, laziness or indifference, obscurantists, bigots and vigilantes who neither have the ability nor the inclination to develop the concept of a modern Muslim nation-state will continue to hijack religion to pursue invidious political and personal agendas.

The writer is a lawyer based in Islamabad. He is a Rhodes scholar and has an LL.M from Harvard Law School.

Religion and Pakistan Problem

April 25, 2009

By Badri Raina | ZNet, April 25, 2009

Badri Raina’s ZSpace Page

“Without religion, you would have good people doing good things, and evil people doing evil things. But for good people to do evil things, it takes religion.”

—Steven Weinberg

I

Nowhere is the truth of Weinberg’s insight more commonly and more globally apparent than during times of inter-community violence in one part of the world or another.

Routinely during India’s routine “communal riots,” it is seen that there are those who weapon in hand, set out to kill in the name of their religion, and, others who, despite belonging to the same religion, seek to save the hapless victims because they happen to be just good-natured human beings first.

The argument is not that individuals may not practice the tenets of a religion, but that it is only when common humanity sets religion aside that anything good gets done.

If I am writing this, it is because when the first tribal attack happened on Kashmir in 1947, it was our own Kashmiri Muslims who saved so many of us Hindus from the depredations of their co-religionist attackers.

Just as in the Gujarat pogrom of 2002, many desperate Muslims found safety in Gujarati Hindu homes.

On a larger scale, often good people in great office are known to pursue vicious ends with the self-righteous sanction of some self-defined religious impulse.

Voices come to them which decree that this country or that be assaulted forthwith if the world is to be saved for some “noble” end. That those so-called “noble” ends often turn out to be crassly ignoble of course remains a truism of organized histories.

Millions, we are tutored by god’s own leaders, must die so that other millions be saved for the good life. Or else why would Hiroshima have happened? And, soon after Nagasaki, without a hint of remorse at or recognition of the meaning of the first catastrophe.

It is for such reasons that the accreted experiences of collective life and strife were to persuade humanist theorists that whereas human beings are free to have and practice religions, the one thing that the State must never have is religion. It would be so much nicer if it also had no armaments. But that is another, though a closely related, story.

That after all was the idea that was to translate into the notion of human beings as secular citizens, subject to secular laws which were made by common consent and with universal applicability.

And made by institutions which embodied the “general will” rather than some sectarian interest over which only some self-appointed closet Authority had the first and last say.

Pandit, Pope, or Mullah. Or the Dictator blessed by them, blessing them in turn.

Authority which drew its sanction from some permanently unverifiable intimacy with god. For in that scheme of things that which remains forever absent must come to be seen as having absolute sway over everything that is present or available to human determination. And through the unchallengeable agency of god’s self-appointed interlocutors.

The pity of it all is that this notion of Authority tends repeatedly to find favour with the high and mighty who fear the consequences of democracy.

And in many ivy league academies it is not unusual to find high-priests of culture who hold, breathtakingly, the view that whereas poetry must be deeply personal and private, or that literary texts ought to be read principally as coded offerings with transcendent meanings, or as inconsequentially dull or pleasurable distractions, religion we require to suffuse our collective social and political lives, and indeed, when the time comes, to kill and pillage without suffering guilt or shame. Or, indeed, doubt.

That such worthies have often been discovered, finally, to have been on the side of the fascists should be no surprise.

Which is not to say that there have not been godless atheists who have not wrought mayhem upon the world. That they did not do so under the cloak of religious sanction, or at god’s command, however, left them rather more naked to scrutiny and opprobrium than those who have killed and who kill in the name of god and religion.

How often and how conveniently they have pleaded that they may not be held responsible, since they had no axe of their own to grind, being mere agents of some divine command. Command that never is susceptible to interception, however evolved the snooping technologies of the world. No satellite thus far that could bring us the gleam in god’s hinting eye.

II

Even now there are those in the “Christian” world who believe that the State should essentially be driven by Biblical injunctions. Meaning of course only those injunctions which suit their class purposes: “give unto Caesar what is Caesar’s,” but never “it is as difficult for a rich man to go to heaven as for a camel to pass through the eye of the needle,” or “do unto others as you would have others do unto you,” or “blessed are the meek, for their’s is the kingdom of heaven,” and “lay not thy treasure upon the earth,” etc.,

Thus many in America still hold to the view that the “American Dream” has had behind it a divine sanction, especially as deriving from such exegeses of the business of Christianity as provided in the work of the theologian, John Calvin. After all, it must have seemed providential to the Puritans escaping religious persecution in Europe to find a whole “empty” continent ready and waiting for them.

As to the natives who had been there over millennia, their time had clearly come to yield the continent to god’s chosen people!

With an acumen marvelously apposite to Capitalism, Calvin was to argue that human beings could not be saved on the day of Judgement either by the “good works” they had done, or because of the “faith” they had felt, however intensely, be it. Such matters, he argued, were all “pre-determined” by god.

And, thus, whereas the homo sapien could never have any free will in matters spiritual, he was totally his own man in matters temporal. From thence you can see how Manhattan came to be.

And that, therefore, like the ‘divine right of kings’ of pre-capitalist times in Europe, the American State has a similar divine right to make or break all the laws that must govern the fallen world elsewhere.

Yet, the salutary fact remains that over some two hundred years of practicing democracy, it is hardly imaginable that America will be allowed by the American “general will” to become a theocracy. Thank god for that one certainty.

The Zionists in Israel have of course an even more ancient divine claim to make to the land of Palestine, don’t we know.

But even there, all the calumnies notwithstanding, there are enough fissures and fractures and dissensions that may not be stilled violently within the democracy they practice.

That such democracy is most of the time not to be made available to Arab Israelis is of course another matter. What is to the point here is that the critiques of official dogmas which exist in that State among the Jewish media and intelligentsia, extending sometimes to bold, radical opposition, is not subject to the fear of the loss of limb and life on behalf of the state.

In India, likewise, there are those who wish still to convert the secular nation-state into a Hindu Rashtra. Never a day passes when in some part or the other of the country we do not hear from them, in lesser or greater degree of barbarism. Now vandalizing churches, now demolishing mosques, now chasing and roughing up women in pubs, or art galleries and inimical cultural activists, now going for wholesale loot, burn, and kill pogroms.

Yet, the fact remains that the organized political force which represents that view fails to get the electoral endorsement of some 70% of Hindus. And more especially, thanks to a secular Constitution and to secular institutions of State, their’s remains an unrealizable project, because unauthorized by state ideology for now.

And thanks in large measure also to the fact that the armed forces in India have no religious axes to grind.

The fact of India’s secular Constitution always puts the Hindutva brigade in the wrong, and lends legitimacy to the exertions of those who seek to foil the totalitarian-racist agenda of Hindutva.

III

In an earlier column on the issue (The Pakistan Problem, ZNet, April 08, 2009) I had argued that, after all the micro-level analyses of the situation in that embroiled country, the fundamental source of what is happening there resides in the Pakistani State’s ambiguity about itself. An ambiguity, for example, which does not bedevil Saudi Arabia or Iran who remain full-bloodedly Islamic.

To wit, does the legitimacy of the State in Pakistan derive from secular and egalitarian principles of citizenship and a secular regime of laws and institutions, or must it in turn still seek legitimation from a theocratic idea which supersedes what mere legislators decree?

It should be obvious that the victory of secular parties in recent Pakistani general elections notwithstanding, the question remains a moot one. Or else why would the world be witness to the extraordinary occurrence of a whole swathe of territory being officially allowed to practice Islamic Sharia dispensations rather than the systems of justice available in metropolitan Pakistan?

It is to be doubted whether even a majority, single-party BJP government at the centre in Delhi would formally say to Narendra Modi in Gujarat, “go, you are now free to institute a Hindu Rashtra in Gujarat, delinked from the secular Constitution of India,” although such may remain its nefarious, subterranean goal. But that is in large measure due to the fact that the Constitution of the Indian Republic is unambiguously secular in the first place.

Just to recall that in Pakistan the Hudood laws brought on the books during the Zia-ul-Haq regime, chiefly to render women disenfranchised chattel, have not exactly disappeared from those books.

And, having tasted blood in the Swat valley of the North West Frontier Province, the Taliban cleric, Sufi Mohammed, has gone on to make a more fundamental proposition—one that informs the anxiety of this column and the earlier column I wrote.

Succintly, the Sufi has postulated that democracy is an un-Islamic system (HT, April, 20).

And thereby hangs the tale to which I think attention requires to be drawn with more honesty and rigour than seems either available or palatable.

Put simply, it was my argument in the previous column that this is precisely the postulation that all those in and out of governance in Pakistan who stand by democracy need to confront.

To put the matter sharply: having successfully defeated a dictatorship, are they now willing to lose out to theocracy?

It was also another part of the same argument that this confrontation cannot be engaged in or won if the battle is joined on the turf laid out by those who hold that Pakistan being an “Islamic Republic” must self-evidently abide by Islamic Fiqh (jurisprudence) rather than by such tenets of law and citizenship that derive from the Enlightenment.

And the fact that Pakistan does formally continue to be an “Islamic Republic” only must lend strength and legitimacy to the Taliban argument rather than to the exertions of those among Pakistan’s rights groups and westernized elites who seek a destiny of “modernity” for their country. Not just in technological terms, but as principles of social and legal behaviour, and of State policy.

Needless to say, the attempt to meet the Taliban argument half-way, as it were, bears as little logic or promise of success in Pakistan as for us in India to grant with any modicum of compromise the perception that India is essentially a Hindu nation.

The difference is that Pakistan seemingly teeters on the edge of a paradigm shift. Sooner than later, that shift will have to happen, one way or another. It may not be able to linger too long in the area of ambiguity.

Depending on what option it chooses, there cannot but be consequences. Should it choose to go over with full scope and honesty to Islamic statehood, we may have losers of one kind. But should it choose to strive for a secular statehood, the losers may be of another kind.

And, depending on who loses and who wins, the consequences for Pakistan, the sub-continent, and the world in general will not but be also suitably momentous.

As things are shaping, it seems less and less likely that Pakistan can procrastinate forever, or find answers merely in a discourse of accommodation, however adroitly articulated. Or, indeed, deflect the problematic by foregrounding its enmity with India as its primary antagonism.

In the final analysis, Islamism and democracy may indeed find themselves at irreconcilable loggerheads, as the good Sufi Mohammed suggests. Religion, we submit may bring solace to the individual soul; it only brings disaster to nations and states when it is made their chief informing principle.

badri.raina@gmail.com