Posts Tagged ‘Pakistan’

Pakistani parliament condemns US-led attack

September 5, 2008
Source: Netscape Celebrity
By NAHAL TOOSI

ISLAMABAD, Pakistan (AP) – Parliament passed resolutions Thursday condemning an American-led attack in Pakistani territory after the government summoned the U.S. ambassador to protest the unusually bold raid that officials say killed at least 15 people.

The criticism grew two days before Asif Ali Zardari is expected to be chosen as president in a vote by legislators. A spokesman said Zardari condemned Wednesday’s pre-dawn assault in the South Waziristan tribal region – the first known foreign ground assault in Pakistan against a Taliban haven. But Zardari also said Pakistan stands with the U.S. against international terrorism.

Zardari, widower of former premier Benazir Bhutto, is expected to pursue a pro-U.S. policy similar to that of former President Pervez Musharraf and continue to go after Islamic militants accused of crossing into Afghanistan to attack the U.S.-led international security force there.

An American official, speaking on condition of anonymity because of the sensitivity of cross-border operations, confirmed to The Associated Press that U.S. troops conducted the raid about a mile from the Afghan border.

It was unclear whether any extremist leader was killed or captured. Pakistan’s border region is considered a likely hiding place for Osama bin Laden and al-Qaida’s No. 2 leader, Ayman al-Zawahri.

Foreign Minister Shah Mahmood Qureshi condemned the attack, saying “no important terrorist or high-value target” was killed.

“Innocent citizens, including women and children, have been targeted,” Qureshi said. The ministry’s spokesman said officials had no indication that U.S. forces had captured anyone.

Pakistan army spokesman Maj. Gen. Athar Abbas, citing witness and intelligence reports, said troops flew in on at least one big CH-47 Chinook transport helicopter, blasted their way into several houses and gunned down men they found there.

Army and intelligence officials as well as residents said 15 people died, while the provincial governor said 20 civilians, including women and children, were killed.

Pakistan’s Senate and National Assembly passed resolutions Thursday condemning the attack.

In the past, similar protests over suspected U.S. missile attacks in Pakistani territory have led to little tangible effect on America’s relationship with Pakistan, which has received billions of dollars from Washington for its aid in the U.S.-led war on terrorism.

Still, the operation in South Waziristan’s Angoor Ada area threatened to complicate an already difficult relationship.

Continued . . .

Pakistan anxious as Zardari poised for presidency

September 5, 2008

By Zeeshan Haider

ISLAMABAD (Reuters) – Pakistani legislators are set to elect as president the late Benazir Bhutto’s controversial widower Asif Ali Zardari on Saturday, making a choice many Pakistanis see leading to a fresh phase of political instability.

His wife’s assassination last December and the victory of her grieving party in a February election has catapulted Zardari to the top in Pakistan’s switch to civilian-led democracy after nine years under former army chief and president, Pervez Musharraf.

The presidential vote is a three-way contest, but Zardari’s party and its allies have a clear majority among lawmakers in the two-chamber parliament and four provincial legislatures that make up the electoral college.

Desperate for stability in a nuclear-armed Muslim state whose cooperation is key to victory over al Qaeda and the success of the West’s mission in Afghanistan, the United States is counting on Zardari to keep Pakistan committed to the war on terrorism.

“I will work to defeat the domestic Taliban insurgency and to ensure that Pakistan territory is not used to launch terrorist attacks on our neighbours or on NATO forces in Afghanistan,” Zardari said in an article in the Washington Post on Thursday.

The United States doesn’t trust his chief rival Nawaz Sharif, fearing he could pander to Islamists.

The dangers that lie ahead were underscored on Wednesday by an unsuccessful assassination attempt on Prime Minister Yousaf Raza Gilani, a Zardari nominee, that the Pakistani Taliban claimed responsibility for.

IMAGE PROBLEMS

Zardari’s been called a crook, a liar, and held in widespread disdain, and there have even been doubts raised about his mental fitness after the rigours of 11 years spent in jail.

Loyalists say the allegations were politically motivated and powerful media groups were smearing Zardari’s image, while favouring Sharif, the prime minister Musharraf overthrew in 1999.

“No one challenges his democratic credentials as head of an elected party, but the personal credibility of Mr. Zardari has become a serious issue,” wrote Shaheen Sehbai, editor of the Jang Group of Newspapers, Pakistan’s largest newspaper group, in The News daily last week.

Zardari’s hesitancy to bring back judges Musharraf dismissed because of fears they could revive corruption cases against him, has not built confidence.

Zardari, who was investment minister in the second government of his slain wife, was released after an eight-year stretch in 2004, but he has never been convicted.

Charges against him and Bhutto were dropped last year under an amnesty introduced by Musharraf for politicians and civil servants as part of an attempt to cut a deal with Bhutto.

Continued  . . .

The Bush Administration Is an Ongoing Criminal Conspiracy Under International Law and U.S. Domestic Law

September 4, 2008

Justice Robert H. Jackson Conference:

Planning for the Prosecution of High Level American War Criminals
Massachusetts Law School
September 13-14, 2008

Andover, Massachusetts

Since the impeachable installation of George W. Bush as President in January of 2001 by the U.S. Supreme Court’s Gang of Five, the peoples of the world have witnessed a government in the United States that has demonstrated little if any respect for fundamental considerations of international law, human rights, and the United States Constitution.

What the world has watched instead is a comprehensive and malicious assault upon the integrity of the international and domestic legal orders by a group of men and women who are thoroughly Machiavellian and Straussian in their perception of international relations and in their conduct of both foreign policy and domestic affairs. Even more seriously, in many instances specific components of the Bush administration’s foreign policies constitute ongoing criminal activity under well-recognized principles of both international law and U.S. domestic law, and in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, as well as the Pentagon’s own U.S. Army Field Manual 27-10 on The Law of Land Warfare (1956), all of which apply to President Bush himself as Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution.

Depending upon the substantive issues involved, those international crimes typically include but are not limited to the Nuremberg offenses of crimes against peace: For example, Afghanistan, Iraq, Somalia, and perhaps their longstanding threatened wars of aggression against Iran and now Pakistan.  Their criminal responsibility also concerns Nuremberg crimes against humanity and war crimes as well as grave breaches of the Four Geneva Conventions of 1949 and of the 1907 Hague Regulations on land warfare:  For example, torture at Guantanamo, Bhagram, Abu Ghraib, and elsewhere; enforced disappearances, assassinations, murders, kidnappings, extraordinary renditions, “shock and awe,” depleted uranium, white phosphorous, cluster bombs, Fallujah, and the Gitmo kangaroo courts.

Furthermore, various members of the Bush administration have committed numerous inchoate crimes incidental to these substantive offences that under the Nuremberg Charter, Judgment, and Principles as well as paragraph 500 of U.S. Army Field Manual 27-10 are international crimes in their own right:  planning and preparation—which they are currently doing today against Iran and Pakistan—solicitation, incitement, conspiracy, complicity, attempt, aiding and abetting.

Finally, according to basic principles of international criminal law set forth in paragraph 501 of U.S. Army Field Manual 27-10, all high level civilian officials and military officers in the U.S. government who either knew or should have known that soldiers or civilians under their control (such as the C.I.A. or private contractors), committed or were about to commit international crimes and failed to take the measures necessary to stop them, or to punish them, or both, are likewise personally responsible for the commission of international crimes.

At the very top of America’s criminal chain-of-command are President Bush and Vice-President Cheney;  former U.S. Secretary of Defense Rumsfeld; Rumsfeld’s Deputy Paul Wolfowitz; Secretary of State Rice; former Director of National Intelligence Negroponte; National Security Advisor Hadley; his Deputy Elliot Abrams; former U.S. Attorneys General Ashcroft and Gonzales, criminally responsible for the torture campaign launched by the Bush Jr. administration; and the Pentagon’s Joint Chiefs of Staffs along with the appropriate Regional Commanders-in-Chief, especially for U.S. Central Command (CENTCOM).

These U.S. government officials and their immediate subordinates are responsible for the commission of crimes against peace, crimes against humanity, and war crimes as specified by the Nuremberg Charter, Judgment, and Principles as well as by U.S. Army Field Manual 27-10.  Today in international legal terms, the Bush Jr. administration itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law and U.S. domestic law because of its formulation and undertaking of serial wars of aggression, crimes against peace, crimes against humanity, and war crimes in violation of the Nuremberg Charter, Judgment, and Principles that are legally akin to those perpetrated by the former Nazi regime in Germany.

Of course the terrible irony of today’s situation is that six decades ago at Nuremberg the U.S. government participated in the prosecution, punishment and execution of Nazi government officials for committing some of the same types of heinous international crimes that the members of the Bush administration currently inflict upon people all over the world. To be sure, I personally oppose the imposition of capital punishment upon any human being for any reason no matter how monstrous their crimes, whether they be Bush Jr., Tony Blair, or Saddam Hussein.

As a consequence, American citizens possess the basic right under international law and United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance designed to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by Bush administration officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.  Today’s civil resisters are the sheriffs!  The Bush administration officials are the outlaws!

We American citizens must reaffirm our commitment to the Nuremberg Charter, Judgment, and Principles by holding our government officials fully accountable under international law and U.S. domestic law for the commission of such grievous international and domestic crimes.  We must not permit any aspect of our foreign affairs and defense policies to be conducted by acknowledged “war criminals” according to the U.S. government’s own official definitions of that term as set forth in the Nuremberg Charter, Judgment, and Principles, U.S. Army Field Manual 27-10, the U.S. War Crimes Act, the Four Geneva Conventions and the Hague Regulations.  The American people must insist upon the impeachment, dismissal, resignation, indictment, conviction, and long-term incarceration of all U.S. government officials guilty of such heinous international and domestic crimes.  If not so restrained, the Bush administration could very well precipitate a Third World War.

In this regard, during the course of an October 17, 2007 press conference, President Bush Jr. terrorized the entire world with the threat of World War III if he could not work his illegal will upon Iran.  It is my opinion that the Bush administration is fully prepared to use tactical nuclear weapons against Muslim and Arab states and peoples in order to break the taboo of Hiroshima and Nagasaki.  After the terrible tragedy of September 11, 2001 the United States of America has vilified and demonized Muslims and Arabs almost to the same extent that America inflicted upon the Japanese and Japanese Americans after Pearl Harbor.  As the Nazis had previously demonstrated with respect to the Jews, a government must first dehumanize and scapegoat a race of people before its citizens will tolerate if not approve their elimination: witness Hiroshima and Nagasaki.  In post -9/11 America we are directly confronted with the prospect of a nuclear war of extermination conducted by our White Racist Judeo-Christian Power Elite against Peoples of Color in the Muslim and Arab worlds in order to steal their oil and gas.  The Crusades all over again.  But this time nuclear Armageddon stares all of humankind right in the face!

We American lawyers must be inspired by the stunning example set by those heroic Pakistani lawyers who led the successful struggle against the brutal Bush-supported Musharraf military dictatorship in Pakistan.  We American lawyers must now lead the fight against the Bush dictatorship and empire! This is our Nuremberg Moment!

Thank you.


Francis A. Boyle is a frequent contributor to Global Research.
Global Research Articles by Francis A. Boyle

MEDIA-INDIA: Columnists Support Kashmir’s Secession

September 4, 2008

Analysis by Rita Manchanda | Independent Press Service,

NEW DELHI, Sep 4  – “Anti-national” is the charge hurled in India at the usual radical suspects who argue for the right to self-determination of the Kashmiri people.

But the recent outcrop of media columnists asking Indians to, “think the unthinkable”, “let Kashmir go” and “we’d be better off”, are respected mainstream editors of leading national dailies and top columnists. They include Vir Sanghvi of the mass-circulation the Hindustan Times, Jug Suraiya of the Times of India, popular columnist Swaminathan A. Aiyar and activist-writer Arundhati Roy.

Moreover, according to a recent public opinion survey, these writers are reflecting growing popular sentiment. A Times of India survey of young professionals conducted across nine cities revealed a sizeable 30 percent polled feeling that if the economic and human costs were so high, India should not hold on to the Kashmir, though 59 percent felt they should hold on at any cost.

Some two-thirds of those polled said ‘No’ to the question whether the state of Jammu and Kashmir [or part of it] should be allowed to secede. Poll analysts explained that contradiction as indicating that, while thinking on Kashmir remains unclear, Kashmir’s possible secession has, for the first time in years, ‘’become a matter of common debate.”

What has produced this unsettling in the public perception of restored normalcy in the insurgency-wracked Himalayan valley? Kashmiris are back on streets in tumultuous numbers, defiantly chanting “We want freedom” and with equal intensity, “Long live Pakistan”.

The crisis which began two months ago over the proposed transfer of 100 acres forest land in the Muslim-dominated Kashmir valley to a Hindu religious Board based in Jammu has shattered the myth of Kashmiris being reconciled to integrating with India. A new twist is the communalisation of the intra-state Jammu- Kashmir divide posited as Hindu nationalists v/s Islamist separatists. It has buried faith in ‘Kashmiriyat’ (or Kashmiriness), the cultural syncretism of the Muslims, Hindus and Buddhists of Kashmir.

Indian administered Kashmir consists of three distinct regions: Hindu dominated Jammu, the Muslim majority Kashmir valley and Ladakh, which is largely Buddhist. Azad Kashmir and the Northern Areas are administered by Pakistan.

Muslim Pakistan and largely-Hindu but constitutionally secular India have, ever since they were created by the 1947 partition of the subcontinent on religious grounds, been in dispute over the possession of Kashmir. Three wars fought over the issue have not succeeded in altering the fact that two-thirds of the territory is administered by India and one third by Pakistan.

‘Kashmir fatigue’ appears to be driving the new sentiment behind the emerging public debate. “It is not being driven by the recognition of the legitimacy of the Kashmiri people’s right to decide, but by a sense of exasperation at pampered and mollycoddled Kashmiris remaining anti-Indian,’’ says leading Kashmir human rights campaigner Tapan Bose. “Shining India does not want to have the blot of coercively holding onto resentful and alienated Kashmiris,’’ he added.

Sanghvi’s article on Aug. 16 succinctly strikes these several chords — “What does the Centre get in return for the special favours and billions of dollars spent?” ‘’Far from gratitude, there is active hatred of India. Pakistan, a small, second-rate country that has been left far behind by India, suddenly acts as though it is on par with us, lecturing India in human rights”. “We have the world to conquer, and the means to do it. Kashmir is a 20th century problem. We cannot let it drag us down and bleed us as we assume our rightful place in the world.”

Swaminathan Aiyar and Jug Suraiya have a more liberal perspective. Aiyar acknowledges that “democracy (in Kashmir) has been a farce for almost six decades”. There are uncomfortable parallels with colonial rule over British India and the quasi colonialism of India’s rule “over those who resent it” in Kashmir. Suraiya tweaks the argument of Kashmir’s secession fatally wounding the idea of India as a pluralist polity and democratic society. “India can survive without Kashmir, if it has to; it can’t survive without the idea of India, central to which is the idea of democratic dissent and the free association of people”. This is being eroded in holding Kashmiris against their will.

Arundhati Roy, writing in the ‘Guardian’ on Aug. 22, gives it a radical twist: “India needs azadi (freedom) from Kashmir as much as Kashmir needs azadi from India”. Roy asserts, that “the non-violent people’s protest is nourished by people’s memory of years of repression”. Drawing a wider frame, she warns that “Indian military occupation makes monsters of us and allows Hindu chauvinists to target and victimise Muslims in India by holding them hostage to the freedom struggle being waged in Kashmir’’.

Expressing surprise at such articles by people who (except Roy) have never campaigned for azadi, Anuradha Bhasin Jamwal, executive editor of the respected ‘Kashmir Times’ newspaper said: “We have always campaigned for ‘azadi’. This is just the wrong time. Nobody thinks about the repercussions of the disintegration of the state on communal lines (especially, Doda, Rajouri and Poonch). Whose azadi are they talking about? The need is to douse the fires and begin dialogue at different levels.”

Among the flurry of reactive articles, representative of the national security line is strategic analyst K. Subrahmanyam writing in the Times of India on Aug. 22 is adamant against any redrawing of borders. Subrahmanyam, a known nationalist, warns that if Kashmiris are allowed to secede, ‘’there would be consequences that have to be anticipated’’.

‘’During the partition of the subcontinent in 1947-48, such consequences were not foreseen and the result was a bloodbath resulting the death of a million people and ethnic cleansing involving 15 million,’’ Subrahmanyam argues.

Appealing for greater responsibility and efforts to retrieve ‘Kashmiriyat’, eminent journalist Kuldip Nayar warned in the ‘Deccan Herald’ on Aug. 29 that the independence of Kashmir would mean a takeover of the territory by the Taliban or terrorists. Political editor of ‘The Hindu,’ Harish Khare, has on Aug. 28 cautioned against “over reacting to provocative slogans in Lal Chowk’’ and said there is ‘’no need to be apologetic about our democratic values and practices”. Kashmir society could still be “weaned away from violence, distrust and suspicion.”

Sultan Shaheen, editor of the website ‘New Age Islam’, has decried the ‘irresponsibility’ of public intellectuals arguing for letting Kashmir go. “What about the nationalist Muslims of Kashmir? It was the vision of secularism and pluralism that had brought them to India in the first place. Kashmir is important for common Indians because Kashmiriyat is a prototype for Hindustaniyat — a unique blend of unity in ideological diversity.”

(END/2008)

Pakistan reacts with fury after up to 20 die in ‘American’ attack on its soil

September 4, 2008
· Children reported dead in assault near Taliban base
· Raid was gross violation, says foreign ministry

Pakistan

Relations have become increasingly fraught between the US and Pakistan, which is struggling to control Islamist militants. Photograph: John Moore/EPA

The war in Afghanistan spilled over on to Pakistani territory for the first time yesterday when heavily armed commandos, believed to be US Special Forces, landed by helicopter and attacked three houses in a village close to a known Taliban and al-Qaida stronghold.

The surprise attack on Jala Khel was launched in early morning darkness and killed between seven and 20 people, according to a range of reports from the remote Angoor Adda region of South Waziristan. The village is situated less than one mile from the Afghan border.

Local residents were quoted as saying that most of the dead were civilians and included women and children. It was not known whether any Taliban or al-Qaida militants or western forces were among the dead.

Furious official Pakistani condemnation of the attack followed swiftly, amid growing concern that the Nato-led war against the Taliban in Afghanistan could spread to Pakistan, sparking a region-wide conflagration.

Owais Ahmed Ghanisaid, the governor of North-West Frontier province, adjoining South Waziristan, said 20 people had died and called for retaliation. “This is a direct assault on the sovereignty of Pakistan and the people of Pakistan expect that the armed forces … would rise to defend the sovereignty of the country and give a befitting reply,” he said.

The foreign ministry in Islamabad termed the incursion “a gross violation of Pakistan’s territory” and a “grave provocation” which, it said, had resulted in “immense” loss of civilian life.

“Such actions are counterproductive and certainly do not help our joint efforts to fight terrorism. On the contrary, they may fuel the fire of hatred and violence we are trying to extinguish.”

“This is a very alarming and very dangerous development,” said a former senior Pakistani official. “We have absolutely been telling them [the US] not to do this but they ignored us.”

US and Nato commanders say Taliban and al-Qaida fighters use the unruly, semi-autonomous tribal areas of Pakistan to stage attacks on coalition forces inside Afghanistan and create “safe havens” where they are immune from attack. Nato and civilian casualties in Afghanistan have reached record levels in the past 12 months in the face of a spreading Taliban offensive.

US forces have used missile-carrying drones – unmanned aerial vehicles – to attack militant targets inside Pakistan in the past. But yesterday’s assault, involving up to three helicopters and infantry commandos, marked the first time the fight has been taken directly to the enemy on Pakistani soil.

Major-General Athar Abbas, a spokesman for the Pakistan army, said Nato’s International Security Assistance Force (Isaf) had carried out the raid. “Two helicopters of Isaf landed very early in the morning and conducted a raid on a compound there. As per our report, seven civilians were killed in this raid.”

But a Nato spokesman denied involvement. “There has been no Nato or Isaf involvement crossing the border into Pakistan,” a Nato spokesman, James Appathurai, said. There were unconfirmed reports that the incursion was carried out by US Special Forces, which are not under Isaf command and can operate independently. A US military spokesman at the Bagram base near Kabul did not deny an attack had occurred but declined to comment.

Tensions between Pakistan’s new civilian government and the US have been running high following American accusations that rogue elements in Pakistan’s top spy agency, the Inter-Services Intelligence agency, were feeding classified information on coalition troops to Taliban fighters. Washington has also repeatedly accused Islamabad of failing to do enough to curb militant activity.

The strains have been exacerbated by a political crisis in Pakistan following last month’s forced resignation of President Pervez Musharraf and the collapse of a power-sharing agreement between the ruling Pakistan People’s party (PPP) and Nawaz Sharif, a former prime minister. An election to find a replacement for Musharraf is scheduled for Saturday, with the PPP chairman, Asif Ali Zardari, Benazir Bhutto’s widower, expected to win.

In a further sign of instability, militants opened fire yesterday on prime minister Yousaf Raza Gilani’s car, in an apparent assassination attempt, near Islamabad. The assailants, firing from a roadside embankment, hit the driver’s side window twice. Gilani was not in the car at the time.

Today he was due to meet David Cameron, the Conservative leader, who is visiting Pakistan.

Watch John D McHugh’s video on the struggle for power and influence in the Afghanistan-Pakistan border region

US-led forces kill 15 Pakistani civilians

September 3, 2008

US-led forces alleged involved in Pakistan attack; at least 15 said killed

ISHTIAQ MAHSUD |AP News, Sep 02, 2008 23:47 EST

At least 15 people, including women and children, the border were killed in an attack involving U.S.-led forces in a remote Pakistani village near with Afghanistan, intelligence officials and a witness said Wednesday.

The U.S.-led coalition in Afghanistan said it had no report of such an incursion, said to have happened in the militant-infested South Waziristan tribal region. Pakistan’s army confirmed an attack but did not specify if it believed foreign troops were involved.

The U.S. and Pakistan, allies in the war on terror, have had tensions over cross-border attacks, including suspected American missile strikes in Pakistani territory. In one high-profile incident earlier this year, Pakistan said 11 of its soldiers died when U.S. aircraft bombed their border post.

Habib Khan Wazir, an area resident, said the latest incident happened before dawn, shortly after an American helicopter landed in the village of Musa Nikow in South Waziristan.

He said as the owner of a home nearby came outside with his wife, the “American and Afghan soldiers starting firing.”

Khan said later the troops entered the house and killed seven other people, including women and children. He said the troops also killed six other residents.

Two local intelligence officials confirmed the account on condition of anonymity because they were not authorized to speak to media. One official said 19 people died.

The U.S. embassy in Islamabad declined to comment.

Maj. Murad Khan, a spokesman for Pakistan’s army, said it could confirm an attack on a house near the Pakistan-Afghan border.

“We are collecting details,” Khan said, without specifying if Americans were involved.

American officials say Pakistan’s tribal regions along the Afghan border have turned into havens for al-Qaida and Taliban-linked militants involved in attacks on U.S. and NATO forces in Afghanistan. South Waziristan is the base for Pakistan’s top Taliban leader, Baitullah Mehsud.

The U.S. has pushed Pakistan to crack down on the militancy inside its territory, and there have been debates in Washington over how far the U.S. can go in carrying out its own strikes.

U.S. rules of engagement allow ground forces to go a few miles into Pakistan when in “hot pursuit” and when forces were targeted or fired on by the enemy. U.S. rules also allow aircraft to go several miles into Pakistan air space.

Source: AP News

Read also: News International, Sept 3, Coalition forces’ attack kills 20 in S Waziristan

INDIA: Dialogue Missing as Kashmir Erupts

September 2, 2008

Analysis by Praful Bidwai | Inter Press Service, Sep 2, 2008


NEW DELHI, – Even as the Jammu region of the strife-torn Indian state of Jammu and Kashmir is settling down to normality and peace, a two month-old turmoil in the Muslim-majority Kashmir Valley shows no signs of abating.

The Kashmir unrest, which unseated the elected government of the state in July, now threatens to become a serious problem for India yet again, with international ramifications, in particular implications for India’s already fraught relations with Pakistan.

Following independence in 1947 and the partition of India, on the basis of religion, Jammu and Kashmir became disputed between Pakistan and India and three wars have been fought between the two countries for the territory’s complete possession. India’s Jammu and Kashmir state is referred to by Pakistan as “Indian-occupied Kashmir” while India refers to Azad Kashmir and the Northern Areas collectively as “Pakistan-occupied Kashmir”.

India’s Jammu and Kashmir state consists of two distinct regions; Hindu-dominated Jammu and the Muslim-majority Kashmir valley. A third region, Ladakh, is largely Buddhist. Srinagar in the Kashmir Valley serves as the summer capital and Jammu town the winter capital.

Trouble began with rival Hindu and Muslim militants protesting for and against the transfer of 100 acres of land for camping arrangements to host a Hindu pilgrimage to a shrine in a cave in the Kashmir Valley, called the Amarnath Shrine, where an ice stalactite that forms for up to two months in a year, is worshipped by devout Hindus.

Political organisations in the Kashmir Valley saw the transfer as a means of placating the Hindus and as an intrusion into their autonomous cultural space.

Their protests led the state government to cancel the transfer. The Hindu-majority Jammu region reacted to this with an emotionally charged violent agitation and a blockade of goods entering the Valley along the Jammu-Srinagar highway, the only functional road connecting mainland India to the Kashmir Valley.

This blockade added to the ferocity of the protests in the Valley, and put Kashmiri separatists in their forefront. Some groups that favour merger of the Kashmir Valley with Pakistan waved the green flag of the neighbouring country.

The government of Jammu and Kashmir finally reached a settlement on Sunday with the Sri Amarnath Yatra Sangharsh Samiti (SAYSS), a coalition of different groups spearheading the agitation in Jammu, many of which are close to the pro-Hindu, nationalist Bharatiya Janata Party (BJP).

Sunday’s settlement allows for temporary arrangements to be made for makeshift tents and other facilities during the pilgrimage, without a change in the ownership and status of or title to the land.

Following the agreement, the agitation in Jammu was formally withdrawn. But that has had very little impact on the Kashmir Valley, where the government re-imposed a curfew after thousands of people took to the streets in its Northern towns.

While many Kashmiri parties have not yet reacted to the agreement, the People’s Democratic Party, which ran a coalition government with the Congress party in Jammu and Kashmir for nearly six years, condemned it as a “unilateralist” and “authoritarian” move, made without consulting the Valley’s politicians.

Some other political leaders from the Valley termed the settlement “irrelevant” to resolving the larger Kashmir question of autonomy and freedom in keeping with the sentiments of the people.

“The ease with which the settlement was reached, without substantially changing the status quo, and with only minor concessions being offered to the SAYSS, shows that the agitation was politically motivated in the first place,” says Kamal Mitra Chenoy, a political scientist at Jawaharlal Nehru University here, who has been involved with reconciliation and peace efforts in Jammu and Kashmir for many years.

“The BJP was fishing in the troubled waters in Kashmir with an eye on the legislative assembly elections, which are due by the end of the year, but are likely to be postponed,’’ said Chenoy. ‘’The organisations it controls in Jammu used deplorably rough methods to enforce a traffic blockade of the Valley, including attacking truck drivers with rocks and acid bulbs. Its methods drew an adverse reaction from the rest of India, which is one reason why it withdrew the agitation. But it has succeeded in polarising Jammu and Kashmir along regional and communal lines.”

One indication of this is the growing alienation of the Valley’s people from India and the pro-separatist mood now prevalent there. The Kashmir situation was repeatedly mishandled by New Delhi through its appointee, Jammu and Kashmir Governor N.N. Vohra and his administration.

The administration first failed to anticipate the protests, and then cracked down heavily on them. Many Kashmiris complain that the government handled the Jammu agitation with kid gloves, but used excessive force in the Valley to suppress even peaceful protests: “rubber bullets in Jammu, and live bullets in the Valley”.

The government relented in the Valley during much of August, as it proceeded to break the blockade in Jammu. However, since Aug. 24, it has resorted to a crackdown, arrests of prominent leaders, and repeated curfew.

“This has resulted in heightening the alienation of ordinary Kashmiris from the Indian state,” says Yusuf Tarigami, a Jammu and Kashmir lawmaker from the Communist Party of India (Marxist), and a widely respected political leader. “Mercifully, that alienation is not as severe as in the early 1990s, and may yet prove transient.”

Tarigami cites a number of differences between the post-1989 climate and the present situation. Then, a number of militant groups, including the largely indigenous Hizbul Mujaheedin, were hyperactive in demanding “freedom” and Kashmir’s separation from India.

These militant groups managed and subdued the relatively moderate political leadership of the All Parties Hurriyat Conference. Pakistan armed and financed the militant groups and lent them logistical support. Savage repression unleashed by Indian security forces only helped them build a support base in the Valley.

Today, militant groups are no longer able to recruit cadres. Until the anti-land transfer protests broke out, the Kashmir Valley was relatively peaceful and the extremists were isolated. Issues of governance and day-to-day survival became dominant. Tourism experienced a boom.

The Hurriyat was even on the verge of deciding not to issue a call to boycott the assembly elections, as it usually does.

“Above all, Kashmir has not been a live political issue in Pakistan since the peace process with India made progress,” says Karachi-based social activist and political analyst Karamat Ali. “It hasn’t figured in the domestic political debate at all since the February elections and later developments, including Pervez Musharraf’s resignation as president.”

This offers a chance for India to begin a serious dialogue with the different separatist political currents in Kashmir and put the issue of autonomy up-front on the table.

But the Indian establishment appears divided on the issue. Hardliners such as National Security Adviser M.K. Narayanan play down the serious nature of Kashmiri alienation and popular discontent with the domineering presence of Indian security forces in the Valley. Narayanan told a television channel, two days ago that he expected the Kashmir situation to become normal in 10 days’ time.

However, another section of the government has advised Governor Vohra to explore the possibility of a dialogue with separatist leaders and Vohra has been contacting them since Sunday.

“Eventually,” says Chenoy, “a viable solution to the Kashmir problem will have to be found in the kind of suggestions for regional and interregional autonomy made 10 years ago by an official committee chaired by Balraj Puri, and through a strengthening of the special status for Kashmir guaranteed by a particular section (Article 370) of the Indian Constitution. This must be accompanied by a thinning out of the presence of Indian security forces in the Valley, and devolution of power to local and regional bodies.”

Jammu and Kashmir is the only state in India which enjoys special autonomy under Article 370, according to which, laws enacted by Indian parliament, except those concerning defence, communication and foreign policy, is inapplicable unless ratified by the state legislature.

But Chenoy emphasises that “in the short run, there is no substitute for a dialogue. That alone can build the necessary confidence and goodwill, which India so badly needs’’.

The forgotten millions

August 31, 2008

As Pakistan’s political leaders wrangle over the small print, the welfare of the country’s people has dropped off the agenda

Last November, I lost a long-standing bet with a friend when General Pervez Musharraf finally relinquished his military role and then embarked on a new term as Pakistan’s civilian president. Up to that point, the idea that he might give up his army uniform had always seemed ludicrous – thus leading me to enter into the bet so confidently.

The end of Benazir Bhutto’s self-imposed exile from Pakistan last October was the turning point in the country’s political rat race. The response by thousands of PPP supporters to her arrival was enough to drive Musharraf to impose a state of emergency.

August 18 this year, however, saw the end of Musharraf’s regime. His haphazard constitutional changes, some of which include the suspension of the judiciary (which is still in turmoil today) and other actions such as the military operation against Red Mosque fundamentalists and the curtailing of high-profile media channels, ended up backfiring.

The ineffectual methods used to quell the uproar after Bhutto’s assassination last December, when the authorities failed to solve the case, contributed to a further fall from grace in the public eye. Towards the end of his regime, the discontent reached its height, turning into an almost unanimous anti-Musharraf campaign in the national media, and exacerbating the civil war raging in the tribal areas.

What of Pakistan’s future now? Since Asif Zardari, Bhutto’s husband and co-chairperson of the Pakistan People’s party (PPP), currently the largest party, has nominated himself for the presidential seat, a new debate has been sparked, with the opposition in uproar. Last Monday, Pakistan Muslim League-N leader Nawaz Sharif parted ways with the PPP, leading to the collapse of the five-month-old coalition government, on the grounds that Zardari had not kept his word regarding the restoration of the judiciary or democracy. An agreement signed on August 7 by the two leaders was also exposed to the public. It clearly stated the executive restoration of the judges would occur one day after the impeachment or resignation of President Musharraf. Zardari, however, employed every delaying tactic at hand to prevent this policy from going through. The accord also stated that once Musharraf was out of the picture, both leaders would put forward nonpartisan candidates for presidency. Asif Zardari went ahead and declared himself a candidate for president without informing or consulting Nawaz Sharif, and announced that the elections would take place on September 6.

The current stalemate between the former allies and the fractured coalition seem to loom larger in politics than the survival of Pakistanis who are unable to cope with massive food and fuel inflation. While the judges and the constitutional bills are lofty policy matters of grave significance, the politicians in the country seem to have lost sight of what image they are portraying both at home and abroad.

With nuclear neighbour India already licking its chops and the US circling, eager to launch an inevitable counter-terrorism campaign in Pakistan, it appears that the country stands closer to decline than ever before, democracy or no democracy. But there are those who dare to hope yet. Hope, even, that there might be a reformation on the horizon, or that after the resolution of conflicts, the country will return to the path of peaceful development. Hope that no foreign conflict lies ahead, and that the dire energy crisis will be resolved within the five to six-year timeline given, or even that there will not still be forces at loggerheads on policy technicalities, skirting the issue of the welfare of the nation. I, for one, am not willing to wager very much on that these hopes will be realised. Are you?

No one will write to the General

August 30, 2008

Khushwant Singh | Hindustan Times, August 29, 2008

May God be your protector Mr Musharraf. Your almost nine-year autocratic rule has come to an inglorious end. It was wise of you to step down before they impeached you. Impeachment would have been neither in your nor your country’s interest.

At the end of your political career, you have more well-wishers in India than in your own country.

It was a minor miracle as you started off with an attempt to grab Kargil from us by force that almost brought our countries to the brink of a war. Several hundred lives, Pakistani and Indian, were lost in your misadventure. You were quick to realise that taking on India was no child’s play and being on good terms with us would be more profitable.

And so it was. Road, rail and air travel between us showed noticeable increase. So did trade, commerce and goodwill.

Relations between our countries had never been friendlier than in your latter years in power. We were not aware of the resentment building up against you in your own country because we did not have to suffer your authoritative rule. You should have known the adage: power corrupts; absolute power corrupts absolutely.

Granted you did not make money or promote your relations to privileged positions as most politicians do in our countries.

But you did rob your people off their rights and freedoms. You sacked the Chief Justice and 60 other judges. You ordered their arbitrary arrests. And you suspended the Constitution. You should have known you would have to pay a heavy price for doing so.

Your people turned against you. You tried to win support of your foreign allies. At the prodding of the Chinese, you ordered the storming of the Lal Masjid that had become the hot-bed of Taliban bigotry and attacked Chinese run beauty and massage parlours in Islamabad. Lal Masjid was a bloody affair in which many men and women were killed. At the prodding of the Americans you tried to recover areas in the north-west extending from Swat to Baluchistan. Many more lives including Nawab Akbar Khan Bugti’s were lost. That eroded the little support you had.

In the elections you reluctantly held, your party got a drubbing. Now we have Messrs Zardari, Sharif and Gilani — all three tainted with charges of corruption — at the helm of affairs of Pakistan. In actual fact, the one thing that holds the country together is the army. We are back to square one, but without your calling the shots. What are friends of Pakistan in India to make of this aborted attempt to become a democracy ?

Having said all that, we still invoke the mercy of Allah to protect you from harm. Many attempts were made on your life when you were in power. No doubt those very people will be dying to settle scores with you. Hence the prayer, Allah Hafiz!

Idle thoughts

What preoccupies the minds of men past their middle age after they have done their day’s work and have nothing to do? Based on introspection, I have come to the conclusion that they think of three things whose proportions vary with age but are concerned with basic needs of survival, procreation, reflections of their past years and uncertainty of the future.

If they are still working, they first think of how their work is progressing and what remains to be accomplished. They are concerned with their bread and butter, the instinct of survival. Then they think of sexual affairs they had or wanted to have. That is basically the instinct to procreate. And finally, they go over their past: friends they had, misunderstandings or deaths that ended their relationships and what the future holds for them. Mohammed Rafi Sauda (1713-1781), poet laureate of the Mughal Court, thought along the same lines:

Fikr-e-maash, ishq-e-butaan, yaad-e-raftgaan

Is zindagi mein ab koi kya kya karey

(Concern for livelihood, love for women, memories of the past

What else is there to left to man in his life?)

Mirza Asadullah Khan Ghalib (1797-1869) had much the same thing to say, except that he was obsessed with impending death.

He craved for fursat (a break from the all-consuming business of making a living to indulge his mind on other things):

Jee dhoondta hai phir vahi fursat ke raat din

Baithey rahen tassavur-e-jaanaam kiye hue

In later life, a man spends less time thinking of his livelihood. Recollections of affairs with women recede into the background as do memories of departed friends. He begins to worry more of his unknown future.

Musharraf’s last message

Mujhe aur kuch nahi chahiye; mujhe mere haal pe rehne do

I don’t need anything except to be left to my fate.

There is a deep conspiracy to kick me out at any rate.

All along I worked honestly but a man at times makes a mistake;

Pardon me and don’t try to exaggerate.

For me Pakistan is everything: I leave it in the hands of the gods,

God: bless it and guard it against all odds.

After consulting legal luminaries, friends and foes

In the interest of Pakistan I resign;

It is only to safeguard the interests of

Pakistan and not mine.

(Courtesy: Lachhmandass, Janakpuri, Delhi)

A UK Window on CIA Abuses

August 30, 2008

The Case of Binyam Mohamed

By JOANNE MARINER | Counterpunch, August 29, 2008

Britain’s High Court will hold a hearing to assess whether the UK government should be ordered to hand over secret documents to lawyers for a Guantanamo detainee. The detainee in question, Binyam Mohamed, faces possible charges of conspiracy and material support for terrorism before a military commission at Guantanamo.

Mohamed, an Ethiopian national and former UK resident, was arrested in Pakistan in April 2002. Transferred to US custody, he was reportedly rendered by the CIA to Morocco, detained there secretly for over a year, and then moved for several months to a secret CIA detention site in Afghanistan. He then spent a few months in military detention at Bagram air base in Afghanistan, and was ultimately brought to Guantanamo Bay in September 2004.

Mohamed claims that he was brutally tortured during his time in secret detention, and that the evidence that will likely be used to prosecute him is a result of that torture. He also claims that the UK government has information that supports his claims of abuse.

Last week, in an important judgment, the UK High Court ruled in Mohamed’s favor. It found that the British government was under a legal obligation to disclose to Mohamed’s counsel the information it possesses relating to Mohamed’s whereabouts, treatment, and interrogation between April 2002 and May 2004. The court emphasized that this information is “not merely necessary but essential” to Mohamed’s defense against military commission charges.

While the court stopped short of ordering the foreign secretary to hand over the information—allowing additional time for the national security implications of disclosure to be considered—it will reach the mandatory disclosure question at its hearing this week.

From Britain to Pakistan to the Prison of Darkness

Binyam Mohamed came to Britain in 1994, when he was a student, after having spend a short period in the United States. He converted to Islam while in the UK, and in mid-2001 he left the UK for Pakistan and Afghanistan. He claims that he traveled to the region because he wanted to kick a drug habit.

The military commission charges that have been sworn against Mohamed allege that he attended an Al Qaeda training camp in Afghanistan, and later received training in building remote-controlled explosive detention devices in Pakistan. While living at an Al Qaeda safe house in Lahore, Pakistan, the charges say, Mohamed allegedly agreed to be sent to the United States to conduct terror operations.

Mohamed was arrested at the Karachi airport on April 10, 2002, as he attempted to leave Pakistan to fly to London. Although he was initially detained in Karachi, he claims that he was interrogated there by US agents. The UK High Court has also confirmed that a British agent visited Mohamed in Pakistani custody on May 17, 2002.

Mohamed claims that he was rendered by the CIA to Morocco in July 2002. There, he claims, he was beaten, repeatedly cut on his genitals, and threatened with rape, electrocution and death. Interrogators reportedly asked him detailed questions about his seven years in London, based on information that his lawyers believe came from British sources.

In late January 2004, Mohamed says, he was sent to Afghanistan, where he was held in a secret CIA prison—called the “Prison of Darkness”—until May 2004. At that point, he was transferred to military detention, first at Bagram air base in Afghanistan, then at Guantanamo, where he remains.

According to the UK High Court, the military commissions case against Mohamed is based on confessions Mohamed made while in military custody—after May 2004—not on anything he said while being interrogated by the CIA. Mohamed claims, however, that it was the abuse in CIA custody that induced him to confess while in military custody, and so proof of those CIA abuses are crucial to his defense.

Refusal to Disclose

As part of a continuing effort to cover up the CIA’s misdeeds, US officials have refused to provide Mohamed or his lawyers any information whatsoever about his treatment or whereabouts from the time of arrest in April 2002 until he was transferred to Bagram in May 2004. To date, the UK government has similarly refused to provide Mohamed’s lawyers any such information, although it has acknowledged that some documents in its possession might be exculpatory.

In last week’s ruling, the High Court noted that the UK foreign secretary had acknowledged that Mr. Mohamed had established an arguable case that he had been subject to illegal rendition and torture. The court also found that the British security forces had facilitated Mohamed’s interrogations by supplying information and questions to US officials, even while they knew that Mohamed was being held incommunicado in a non-military detention facility overseas.

The court found, in short, that the relationship of the UK government to the US authorities with regard to Mohamed “was far beyond that of a bystander or witness to the alleged wrongdoing.” Because the UK was in some way a participant, not simply an observer, the court held that the UK is legally obligated to provide Mohamed with information relating to his abuse.

Not only did the court deem this information to be “essential” to Mohamed’s ability to adequately defend himself, it emphasized the need for the government to provide the necessary information as soon as is practically possible. The reason for the hurried timing lies in the military commissions’ timetable. At present, military commission charges against Mohamed have been prepared, but the commission’s convening authority has not yet signed off on them. In order to potentially affect the charging decision, Mohamed has a important interest in getting exculpatory information to the convening authority before that decision is made.

The Prospect of Mandatory Disclosure

The UK court decried the fact that the US authorities have failed to provide this potentially exculpatory information to Mohamed’s counsel, particularly since both his counsel are security-cleared. But it recognized, as well, that the United States’ failure is no excuse for Britain’s inaction.

Unless the UK foreign secretary voluntarily provides the relevant documents to Mohamed’s counsel, the High Court will consider ordering disclosure. Such an order, which the court seems presently inclined to grant, would open an important crack in the wall of secrecy that surrounds the CIA’s rendition, detention, and interrogation abuses.

Joanne Mariner is a human rights attorney.