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32. Constitutional Interpretation and the Continuing Crisis in Afghanistan
- Author:
- Scott Worden and Sylvana Q. Sinha
- Publication Date:
- 11-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
- Topic:
- Conflict Resolution, Democratization, Islam, War, and Insurgency
- Political Geography:
- Afghanistan
33. Who Controls Pakistan's Security Forces?
- Author:
- Shuja Nawaz
- Publication Date:
- 11-2011
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- Internal militancy and insurgency are the immediate threats to Pakistan's security. Pakistan's polity is fractured and dysfunctional, allowing the military to assert greater control over Pakistan's response to this growing internal threat. Civilian authorities have missed numerous opportunities to assert control over security matters. Miscalculation by the current civilian government in its attempt in 2008 to exert control over the Inter-Services Intelligence (ISI) directorate soured civil-military relations at a time when the new army chief favored keeping the army out of politics. The military's interests are expanding to newer sectors, including economic policymaking, since a shrinking economy could hurt military interests and lifestyles. An opportunity to improve security sector governance exists in the proposed National Counter Terrorism Authority, which the government has unduly delayed.
- Topic:
- Security, Intelligence, Islam, Terrorism, and War
- Political Geography:
- Pakistan
34. Afghan High Peace Council Fails to Reflect Afghan Civil Society
- Author:
- Patricia Gossman
- Publication Date:
- 01-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- The Afghan public, along with the international community, appears increasingly supportive of opening negotiations with the Taliban to end the war. The Karzai administration also supports this, as reflected by the June 2010 Peace Jirga held in Kabul and the 70-member High Peace Council that was formed thereafter. In spite of the talks, no one in Washington or Kabul has clarified what reconciliation means in practice, particularly with respect to accountability for abuses that occurred during the rule of the Taliban as well as those that occurred when rival factions fought with each other before the Taliban came to power. On November 10, 2010 representatives from Afghan and international NGOs, as well as the UN, gathered for a one-day Conference on Peace, Reconciliation, and Justice in Kabul to revitalize public discussion on peace and reconciliation among the government of Afghanistan, the international community, and Afghan civil society. The discussions revealed a troubling disconnect between the High Peace Council and Afghan civil society representatives who strongly criticized the Council\'s inclusion of former militia leaders among its members, the lack of transparency in its activities, and the lack of clarity in its objectives. These criticisms indicate that for a peace process to have broad, popular support, the Afghan government and the international community must make greater efforts to engage local leaders in a dialogue and account for the interests of communities and interest groups that are not represented in the High Peace Council.
- Topic:
- Conflict Resolution, Human Rights, Islam, War, and Insurgency
- Political Geography:
- Afghanistan
35. Iran's Youth: Agents of Change
- Author:
- Tara Nesvaderani
- Publication Date:
- 09-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Iran has the most politically active youth among the 57 nations of the Islamic world. As the most restive segment of their society, Iranian youth also represent one of the greatest longterm threats to the current form of theocratic rule. Young activists have heavily influenced the Islamic Republic's political agenda over the past 13 years. After the 2009 presidential election, youth and women were the two biggest blocs behind the region's first sustained “people power” movement for democratic change, creating a new political model in the Middle East. The Islamic Republic has forcibly regained control over the most rebellious sector of society through mass detentions of young activists, expulsions from universities and widening the powers of its own young paramilitary forces. Nevertheless, the demands from young people have not changed over the past year, and their anger is boiling just beneath the surface. The regime also remains vulnerable because it has failed to address basic socioeconomic problems among youth. The impact of Iran's youth on the political, economic and social agenda of the country over the next 25 years is important for U.S. policymakers to consider when facing complex decisions in balancing Iran's nuclear program and its internal political turmoil.
- Topic:
- Islam, Politics, and Youth Culture
- Political Geography:
- Iran and Middle East
36. Humanitarian Space Shrinking for Health Program Delivery in Afghanistan and Pakistan
- Author:
- Leonard S. Rubenstein
- Publication Date:
- 10-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- In Afghanistan and Pakistan, humanitarian space has shrunk as the Taliban and other insurgent groups have stepped up attacks on civilians, especially international aid workers, contractors and local leaders. Health programs continue to operate, but the ability of nongovernmental organizations (NGOs) to recruit and retain staff and to travel outside Kabul has suffered. The United Nations, International Committee of the Red Cross (ICRC), and other groups have sought to persuade the Taliban and other armed groups not to impede or interfere with humanitarian aid activities. These efforts have had some success where the aid is administered by Afghans, but they have not limited attacks on international staff, who along with all foreigners, remain at high risk of attack. Many NGOs act as implementing partners in the government's strategy to implement a comprehensive primary care system in Afghanistan under the direction of the Ministry of Public Health. They have managed to maintain those services with local staff despite their association with the government of Afghanistan, so long as they operate with impartiality and community engagement. The vulnerability of their staff to attack appears to be a product of generalized insecurity or the presence of foreign aid workers, rather than a result of collaboration with the Ministry.NGOs report that military activities in Afghanistan and Pakistan, and military involvement in the medical sector, have contributed to the shrinkage of humanitarian space. The military's provision of health services through Provincial Reconstruction Teams and other mechanisms, though well-intended, sometimes sows confusion about the allegiances of U.S. and other Western aid workers and creates tensions with humanitarian principles the agencies rely on to operate in conflict environments. The conduct of the Afghanistan National Army and Police and the Pakistan military in entering facilities to gain access to arrest insurgents or gather information also leads to greater insecurity for NGO personnel.
- Topic:
- Conflict Resolution, Humanitarian Aid, Islam, Non-Governmental Organization, Armed Struggle, and Insurgency
- Political Geography:
- Pakistan and Afghanistan
37. Countering Radicalization in America: Lessons from Europe
- Author:
- Lorenzo Vidino
- Publication Date:
- 12-2010
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- The recent surge in the number of American Muslims involved in terrorism has led U.S. authorities to question the long-held assumption that American Muslims are immune to radicalization, and to follow the example of other Western democracies in devising a comprehensive counter radicalization strategy. Radicalization is a highly individualized process determined by the complex interaction of various personal and structural factors. Because no one theory can exhaustively explain it, policymakers must understand the many paths to radicalization and adopt flexible approaches when trying to combat it. The role of religion in the radicalization process is debated, but theories that set aside ideology and religion as factors in the radicalization of Western jihadists are not convincing. Policymakers who choose to tackle religious aspects should do so cautiously, however, cognizant of the many implications of dealing with such a sensitive issue. Policymakers need to determine whether a counter radicalization strategy aims to tackle violent radicalism alone or, more ambitiously, cognitive radicalism. The relation between the two forms is contested. Challenging cognitive radicalism, though possibly useful for both security and social cohesion purposes, is extremely difficult for any Western democracy.Finding partners in the Muslim community is vital to any counter radicalization program. In light of the fragmentation of that community, a diverse array of partners appears to be the best solution. There is the risk, however, that counter radicalization efforts could be perceived by Muslims as unfairly targeting them. Partnerships with nonviolent Islamists could provide results in the short term, but there are doubts as to their long-term implications. All aspects of a partnership with such groups should be carefully examined before any decision is made. Policymakers need to find ways to empirically measure their programs' effectiveness.
- Topic:
- Islam, Terrorism, and Counterinsurgency
- Political Geography:
- United States and America
38. The Afghan Peace Jirga: Ensuring That Women Are at the Peace Table
- Author:
- Palwasha Hassan
- Publication Date:
- 05-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- In late May 2010, the Afghan government will convene a Peace Jirga in Kabul to determine a national reintegration and reconciliation strategy. Afghan women have played a variety of social and political roles during the last three decades of conflict, including as peacebuilders, but now risk being excluded from current peacebuilding processes. In alliance with international agreements—most notably United Nations Security Council Resolution 1325—the Afghan government must make sure that women are actively engaged in the upcoming jirga and are included in other reintegration and reconciliation policies. The inclusion of women is central to sustainable peace and security in Afghanistan.
- Topic:
- Conflict Resolution, Gender Issues, and Islam
- Political Geography:
- Afghanistan, South Asia, and United Nations
39. Is Nigeria a Hotbed of Islamic Extremism?
- Author:
- Stephanie Schwartz
- Publication Date:
- 05-2010
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Recent incidences of ethno-religious violence in northern Nigeria have alarmed the international community to the point where Nigeria is now perceived as a potential breeding ground for transnational terrorism and violent religious extremism.
- Topic:
- Ethnic Conflict, Islam, Terrorism, Governance, and Sectarian violence
- Political Geography:
- Africa and Nigeria
40. Promoting Cross-LoC Trade in Kashmir
- Author:
- Moeed Yusuf
- Publication Date:
- 09-2009
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- Since 2005, Pakistan and India have pursued out-of-the-box thinking on Kashmir and have allowed nominal human interaction and economic exchanges across the Line of Control (LoC). One of the most promising recent developments has been the formation of the Federation of Jammu and Kashmir Chamber of Commerce and Industry (Joint Chamber), the first formal joint establishment across the Line of Control, which is poised to play a central role in future efforts at increasing economic collaboration. The Joint Chamber is still in its infancy and faces a number of critical challenges that are indicative of the potential stumbling blocks any effort at enhancing economic collaboration across the Line of Control is likely to face. Currently, a consensus is missing on the future direction of the Joint Chamber. Not only are the central governments in Islamabad and New Delhi skeptical about according this new body a pivotal position in cross–LoC trade, but even the business communities in the Indian and Pakistani parts of the state suffer from internal differences on the scope of the Chamber's activities. Perhaps most worrisome is the Kashmiri business community's reluctance to lobby proactively for expansion of ties beyond trade in goods. Investment, joint ventures, and transit trade through Pakistani Kashmir and Pakistan hold the real potential if economic interdependence is to ameliorate the long-standing political tensions over Kashmir. The Joint Chamber members need to agree on a clear vision for the Chamber, preferably including concerns not only relevant to goods trade but also to trade in services, investment, joint ventures, and transit trade. To cover this broad horizon the Chamber would have to increase its capacity by involving entities such as trade associations and the civil society at large. Before tangible gains can be made, the Joint Chamber needs a number of scoping exercises to determine the true potential for economic collaboration on all fronts. The current dearth of information is a major shortcoming in determining the specific areas that could expand the hitherto nascent cross–LoC interaction. The Joint Chamber is already engaged in advocating for an increase in the nominal goods trade initiated across the LoC in October 2008. Protocols for physical travel and communication between traders, marketing and banking facilities, and an expansion of the scope of engagement are obvious next steps for this process. The key to the Joint Chamber's success is to strike a delicate balance between nudging the governments to open up and remaining pragmatic about the necessarily incremental nature of the gains.
- Topic:
- Conflict Resolution, Political Violence, Islam, and Bilateral Relations
- Political Geography:
- Pakistan, South Asia, and India