Showing posts with label international relations. Show all posts
Showing posts with label international relations. Show all posts

Wednesday, September 14, 2011

Trust Us, Even If We Do Not Trust Ourselves

So, most of our readers have probably already heard about the advertisement that the Government of Pakistan took out in the Wall Street Journal (WSJ) on the 10th anniversary of 9/11. According to Dawn, the ad was first offered to the New York Times, which "refused to publish it, forcing Pakistani officials to go to a business newspaper with a specialised but influential readership."

Here is the ad (via the LongWarJournal):

Pakistan's 9/11 ad in the WSJ


Irrespective of the merits of the advertisement - and there are many who have questioned its design and message - one of the intriguing questions that arise is why the New York Times refused to publish it. A half-page ad is, after all, darn good revenue especially in these recessionary times.

According to the WSJ's own blog, which shrugged off the ad's chances of changing the anti-Pakistan narrative in the American media:

"The [New York] Times asked for “more clarity in the ad about who was placing it,” according to a spokeswoman for the newspaper. The Times did not hear back from the government and so has not yet run the ad, she said."

Well, our sources inform us that the problem about the source of the ad arose because neither the Pakistan Embassy in Washington nor the Ministry of Foreign Affairs (MoFA) nor the Ministry of Information & Broadcasting (MoI&B) were the sources of the ad. In fact, our sources confirm that none of these three Pakistani government entities was even consulted about the ad. In fact, the ad, designed by the Pakistani advertising agency Midas, was placed directly from the Prime Minister's Secretariat.

Why, you might ask, would the Prime Minister's Secretariat bypass its own subordinate media departments and its representatives who are specifically tasked with international relations work? Could it be, as our sources indicate, that the advertisement was the first instance of the country's premier intelligence agency directly placing an advertisement in a foreign publication?

The question that the WSJ probably needs to answer is how, if the three obvious points of contact (Embassy, MoFA, MoI&B) for advertisements from the Government of Pakistan did not sign off on the ad, was it able to confirm that the ad was, in fact, placed by the Government of Pakistan. According to the WSJ blog, which also raises this question:

"The ad as printed in the Journal carries a line at the bottom in small font saying “Government of Pakistan” next to a web address for the government. A spokeswoman for the Journal declined to comment."

Is there something essentially wrong about the ad? Aside from quibbles about the precision of some of the figures, some of the cringe-worthy wording ("Promising Peace To The World"?) and the obsequious offering up of Pakistan to the Americans, no. Is it wrong to try and sway public opinion in the US to a better understanding of the suffering Pakistanis have gone through in the fight against Al Qaeda-type terrorism? Once again, no. Those convinced that Pakistan is playing an evil double game will obviously poke fun at some of the assertions of the ad but there is no doubt that the often unnuanced and simplistic American narrative, that ignores how Pakistanis view the maelstorm they are caught in and their own interests, is in dire need of a corrective.

But what does it say about the Pakistani State if its organs feel they need to bypass each other to get a point across that, ostensibly, all of them should be agreed upon? What does it say about how policies are made and implemented?

Then again, we might also point out that the US$150,000 apparently spent on running the ad in the WSJ could have been better utiltized for things with a currently slightly higher priority than a PR exercise.

Thursday, April 7, 2011

Bashira In Trouble

Most Pakistanis with an interest in the foreign press have heard of The Guardian but not The Telegraph. The Telegraph, a British publication informally known as the Torygraph to those who find still find British politics interesting, for example British people, American neocons and possibly Elmo from Sesame Street because that’s just the sort of Muppet he is, is the UK’s highest selling broadsheet. In politically correct terms that means it is the ‘house newspaper of the Conservative Party’. In other words it is the print refuge of choice for (mostly) white people who have issues with multiculturalism, single parents and a world that just does not understand how much (mostly) white people who may or may not have been conceived within the bounds of the blessed British isles have contributed to civilization itself dammit.


UK PM David Cameron: "building the negative narrative" apparently (Photo: PA/The Telegraph)

This Weltanschauung is aptly illustrated by two commentators whose reactions to UK Prime Minister David Cameron’s flying visit to Pakistan were published in its World and Politics sections on April 5th and April 6th. Both were irked by Cameron’s remarks to a group of Pakistani students and academics. Answering a question about how Britain could help resolve the Kashmir issue he said, “I don’t want to try to insert Britain in some leading role where, as with so many of the world’s problems, we are responsible for the issue in the first place.”

The first, Peter Oborne, was kind enough to consider justifications for PM Cameron’s inexcusable nod to the gods of veracity, saying:

“The Prime Minister was doubtless seeking to please a skeptical and perhaps hostile audience, angered by our military presence in Afghanistan. There was a smidgen of truth (though no more than that) in what he said. He was in the middle of a long and grueling trip, and may have felt tired and jet-lagged.”

The second, Ed West – who describes himself as ‘Prematurely Right-wing’ on his Twitter profile and thus saves me the effort of establishing his embryonic moronicness – was not so kind, and agreed with still other British voices who were calling Cameron ‘naïve’ and ‘schizophrenic’ and helpfully pointing out that looking back “50-odd years for the problems facing many post-colonial nations adds little to the understanding of the problems they face.” He further pointed out:

"Apologising only builds the negative narrative, so that Pakistanis keen to play on the downsides of British rule can now say to their countrymen: “Look, even their prime minister says so.” That’s human nature. And apologising while handing over hundreds of millions of pounds in aid certainly does not encourage gratitude – only resentment."

Both agreed that focusing for a second on all the things Britain might (or might not) have taken away from this rollicking continent of still rollicking natives – for example wealth, time, love, tenderness AND peace – was a needless distraction from all the things Britain had given it instead. These include, in no particular order, “parliamentary democracy, superb irrigation systems, excellent roads, the rule of law, the English language and, last but not least, the game of cricket.”


 Oborne and West: Tag team duo of the defenders of the British Empire


Mr. Oborne felt that over-education, in the form of years at Oxford University where he “read Philosophy, Politics and Economics, a degree course notorious for skimming the surface of understanding and historical knowledge,” was responsible for Mr. Cameron’s temporary lapse of reason. Mr. West felt that it was PM Cameron’s desire to be liked that was behind his “tendency to go to countries around the world and tell them what they want to hear.” Had PM Cameron been protected from this wishy washiness, he implied, much like the natives had once been protected from the evils of higher education in their own backyards, he would not have bounced like a mudskipper on the surface of diplomacy and focused instead on the things that British people really want to talk to Pakistanis about, i.e. our inexplicable fondness for the “Koran.” And “cousin marriages.”

Mr. Oborne felt that these extenuating circumstances, as well as the millions of pounds of aid his country offered us when twenty million of our people inconvenienced the entire world by going and internally displacing themselves, were reason enough for PM Cameron to never have to play “the politics of apology.” Mr. West went one further and added that the way his ancestors had chosen to “undermine traditional family, clan and religious structures and loyalties” should make it apparent why, for him, sorry seems to be the hardest word.

Mr. Oborne’s editors at The Telegraph were less parsimonious with their use of the dreaded ‘S’ word, opting to title his piece “Sorry, but it’s not right to apologize.” Their gratuitous use of it caught up with them the next day though, and they had to resort to echoing the views of (possibly) a lot of its readers with the heading “Pakistan’s problem is that we did not make it British enough.” In the piece accompanying the latter headline, Mr. Ed West – apparently the Ed Wood of social commentary – weighed in with gems about how the linguistic apartheid enforced by “England, and a host of other, smaller countries in north-west Europe” had helped hostage populations free themselves from the shackles of “Urdu, Persian or Arabic”, replace them with English, and thus “create societies with wide circles of trust.” This is the reason, in his opinion, the world speaks English today. Nothing to do with the legacies of colonial imperialism and global power dynamics, you understand. Mr. West, who is also features editor of The Catholic Herald, omitted to mention that his forebears had also neglected to mention the safeword to the natives.

In a nod to another sadly unacknowledged trend the British gifted us with, i.e. a propensity for foreign correspondents, we turn now to our own resident Pyala in London, Bashira, for further insight into the matter...

Khi Pyala: Bashira, why Cameron in trouble?

Bashira in London: He go put foot in mouth instead of axe in head.

Khi Pyala: Bashira, why saying sorry is wrong only?

Bashira in London: Because if you open floodgates the Indus will do the dirty with your plumbing only.

Khi Pyala: Bashira, they say we not British enough. How we get more British?

Bashira in London: More bad teeth. Why you think Lala bite ball only?


Khi Pyala: Bashira, why British columnists stupid like Pakistani columnists?

Bashira in London: Because that once angry generation of pseudo leftist radicals in the UK grew up and started leaning right when they realized viscerally introspective discourse on wrongs would not help their children gain entrance to public schools. The world goes further into lager every day. And when I say lager I mean pints not defensive wagon circles ala the Boers.

Khi Pyala: Bashira, why they so angry about cousin marriages?

Bashira in London: Because inbreeding is the exclusive preserve of the monarchy (don’t be worry, I read these two from cue cards held up by cousin at SOAS)

Khi Pyala: Bashira, how they make sure this not happen again?

Bashira in London: That Cameron, next time he go talk to Pakistani primary school students instead of Pakistani academics.

Khi Pyala: Bashira, why these chittas think denial is a river in Egypt still?

Bashira in London: Because that was Thames, this is now.

Tuesday, March 22, 2011

America's Media War

Just in case you thought the Pakistani electronic media was unique in its bittter, on-screen, infighting, you might want to check out yesterday's flap between Fox News and CNN over reporting from Libya.

Here's what Fox News said about an officially-sponsored trip to view the damage to one of Libyan leader Muammar Qaddafi's compounds, caused by the US/UK Tomahawk missile attacks. Having not actually got the footage that other news outlets managed to get, they accused the other journalists of allowing themselves to be used as "human shields" by the Libyan regime to prevent more attacks.

Here's how CNN correspondent Nic Robertson responded to those claims on Wolf Blitzer's programme:




Personally, I find Robertson's indignation that Western journalists could sometimes lie, have personal agendas, cover up for their professional failures and promote propagandistic drivel a bit... how shall I put it delicately?... naive. And to top it all off, we're talking Fox News here folks. But chalo, it's nice to hear someone in CNN (a great proponent of embedded journalism) has the same thoughts about 'one of their own' that most of us know as a truism about the media in general.

On a lighter note, do not miss this encapsulation of American foreign policy hypocrisy vis a vis 'freedom movements in the Middle East', brought to you by the sharpest satirical show in mainstream American media, The Daily Show.







Friday, February 25, 2011

'Raymond Davis' - FAQ

Continuing moronic statements by trolls on this blog and some no doubt military establishment-goaded television anchorpersons have forced me to address - hopefully for the last time - certain basic issues to do with the whole 'Raymond Davis' saga. Unfortunately, such is the deterioration of our national discourse and perhaps of our educational system that not only are people often unable to grasp simple arguments but are willing, immediately and without understanding the nuances of the points being made, to ascribe ulterior motives to anyone presenting facts that go against popular opinion. So for the sake of clarity, I will attempt to make my points as questions and answers in bullet form (no pun intended). Roughly the same questions have come up repeatedly in earlier comments.


The man known as Raymond Davis in custody


1. Do I 'support' 'Raymond Davis'?

No. I hold no brief for him or others like him. Nor do I wish to see 'security contractors' / yahoos like him roaming around in Pakistan.


2. Do I think US interventionism is okay in Pakistan?

Personally, I think crying about US interference in Pakistan's affairs after the 'Raymond Davis' affair is not only cretinous but also hypocritical - there has been American interference in this country's internal affairs almost since it was created and which has been welcomed wholeheartedly by our establishment which benefits handsomely from it. Moreover, it will continue to benefit from it in the foreseeable future as well irrespective of the public stances it takes. Nevertheless, no, I don't think it has generally been a force for good in the past and it has usually been counter-productive in the present.


3. Do I want Raymond Davis to walk free after killing two Pakistanis and being involved in the death of a third?

It really does not matter what I, or anyone else, may want. There is a small issue of diplomatic conventions that Pakistan is a signatory to. If he does have diplomatic immunity, Pakistani courts cannot try him unless the US gives its consent. I do think he should have a fair trial for the killings but, if he does have diplomatic immunity, the best Pakistan can do is ask the Americans to try him in the US.


4. Am I still claiming 'Raymond Davis' has immunity after all that has come to light about him?

I am not claiming anything beyond pointing out what is already there in the legal conventions and whatever evidence has so far appeared. The basic question on which this hinges, as far as I can ascertain and as has been pointed out earlier, is whether 'Davis' was a member of the US Embassy staff in Islamabad - in which case the Vienna Convention on Diplomatic Relations of 1961 applies to him and he has blanket immunity - or a member of the US Consulate staff in Lahore - in which case the Vienna Convention on Consular Relations of 1963 applies to him and he does not have blanket immunity. That determination is, in my opinion, the main one that needs to be made.


5. But he's an acknowledged spy! And he is a contractor, not a diplomat!

As I pointed out in one of my earlier posts on this issue, long before the shocker (not!) of the acknowledgement that 'Davis' works for the CIA, it does not matter as far as the legal standing of diplomatic immunity is concerned. The Vienna Convention of 1961 (not the 1963 Convention on Consular Relations) grants the same privileges to an embassy's "technical and administrative staff" as diplomats. Of course there are spies working on 'cover posts' in all embassies and anyone who has any doubt should go ask the Pakistan Foreign Office about how many intelligence personnel are deputed in our foreign missions on cover posts. Should they all go round killing people and claiming immunity? And does diplomatic immunity confer the license to kill? Obviously not. But that doesn't change the legal position.


6. But what about Shah Mahmood Qureshi's claim that the Foreign Office had determined that 'Raymond Davis' did not have blanket immunity?

Mr. Qureshi or the Foreign Office has yet to state the evidence on which this claim was based. Indeed, the Foreign Office has yet to make that claim officially itself. They may have valid reasons, especially if the US had 1) not actually notified 'Davis' as a diplomat to the Foreign Office (contrary to what the Americans are now claiming which would mean also that their official letter is fabricated) or 2) If the US had notified him as attached to the Lahore Consulate rather than the Islamabad embassy. However, we have yet to hear of the reasoning. The Pakistan Foreign Office does indeed have the right to determine diplomatic status under Pakistan law, but obviously this has to be based on solid reasoning.

There have been some in the Pakistani press who have pointed to lacunae in the Pakistani law that the Foreign Office must 'approve' diplomatic status even after another state notifies someone as a diplomat (an approval that 'Davis' had apparently not received), and which do not grant diplomatic status to 'technical and administrative staff' of embassies. Moreover, they have claimed that Pakistani law takes precedence over international law (i.e. the Vienna Conventions). The Vienna Convention applicable to embassy staff (1961) itself only needs the 'sending' state to notify (there is no clause for approval) and, as pointed out before, applies equally to an embassy's technical and administrative staff. The common sense understanding of international law is that if a state ratifies an international treaty, it must ensure that its own laws comply with it. However, this is a matter of legal haggling and should this matter (of whether local law takes precedence over ratified international law) become a real issue, it would seem the International Court of Justice would have to be referred to, where in my humble opinion, if this is all that Pakistan's position is, its case would be weak.


7. Don't you think the US has been lying about 'Raymond Davis'? And don't you think the US media has been equally hypocritical by hiding facts it knew about him?

Yes and yes. Absolutely. The US government's response in the immediate aftermath of the incident was especially muddled and led to suspicions in the minds of most Pakistanis that it was trying to hide its guilt (which it probably was). The US media's capitulation to American government pressure to withhold information about 'Davis'' real activities has been particularly shameful. The Pakistani media should not be emulating it.


8. Don't you think there is more to this issue than what we already know?

Almost certainly. My analysis is based purely on what is already in the public domain. But it needs to be pointed out that so are the claims of almost everyone else in the media and my criticism of some of them is predicated on simply pointing out the flaws in their arguments.


9. So what should Pakistan have done? Do you want Pakistan to take this lying down?

There were a couple of recourses available to Pakistan before this sorry saga unfolded. One, it should not have given 'Raymond Davis' a visa if it had any doubts about him. Even after it granted him a visa, it could have expelled him from the country if it found his activities incompatible with diplomatic norms. However, if 'Davis' indeed has diplomatic immunity, all it can do now - aside from asking the US to lift it - is to declare him persona non grata and expel him and request the US to try him in its courts.


 Everybody hates 'Raymond'


What we are seeing, unfortunately, is a whipping up of emotionalism and fanciful conspiracy theories to cover up the dire incompetence and / or collusion of our security services. There are claims now that the visas were granted without proper checks because the security services were cut out of the loop in foreign capitals by the political establishment. First of all, if this is even true, why was this not raised as an issue at the time? 'Davis'' first visa was issued in 2009. He received two subsequent visas in 2010, both from Islamabad. Were our security services sleeping? Or are they so riddled with bureaucracy that their flagging of a violation of norms took until 2011 to trickle up to the relevant officers?

Secondly, even if one accepts that our security services were cut out of the loop in the grant of visas, what about the entire time 'Davis' and others like him were living in Pakistan and conducting their "subversive" activities? Are we to take it that, in the almost two years he kept coming in and out of Pakistan, our intelligence was so incompetent that it never once spotted his activities and flagged them? Shouldn't they have paid particular attention to people who allegedly bypassed normal security clearances? It would seem that all this hoopla now is to cover up the fact that our security services had dropped the ball.

We are now hearing all sorts of stories about 'Davis' - from the silly story in The News by Marianna Babar about his addiction to niswar (as if chewing tobacco or snuff is a rarity among US servicemen particularly from areas like Virginia state), to claims in the Express Tribune that 'Davis' was orchestrating bombings by the Pakistani Taliban (sourced to anonymous intelligence personnel) to claims on Geo and in The Nation (sourced from some alleged Russian intelligence report) that he was involved in supplying nuclear material to Al Qaeda in order to frame Pakistan. We should be clear about one thing. Regardless of the authenticity (or likely not) of these stories, they are basically a smokescreen that obscure the real issues of this case. They matter not a whit in whether 'Raymond Davis' is tried in Pakistan or whether we are forced to expel him without a trial.


10. Should Pakistan reassess its ties with US intelligence and its covert operations programme?

By all means. But Pakistan's establishment should do so in a cool, logical manner, having weighed the consequences of its actions. This should not be done by whipping public opinion into a frenzy through post-facto planting of stories and side-tracking issues. You want to kick out Xe (nee Blackwater) operatives from Pakistan? Absolutely do so. Why wait until they cause damage?


Footnote: You may want to read this piece from Foreign Policy that came in as I was writing. It deals with what may have allegedly been agreed between the Pakistani and American military's top officials particularly regarding this case in a closed-door meeting in Oman yesterday. If this report is correct, you may actually very soon see a complete change of tone in the media as well.

Sunday, February 20, 2011

Shah Mahmood Qureshi - One or Two Things I Know About Him

In case you missed the Oscar-worthy performance of former Foreign Minister Shah Mahmood Qureshi on February 16, you might want to take a look at the following clip in which he not only boasts about his great vision and achievements as Foreign Minister and divulges details about the internal workings of the government, he also refers to himself repeatedly in the third person. "Shah Mahmood was right there", "Shah Mahmood cannot be pressured", "Shah Mahmood kept the flag flying" etc. etc. etc.





Whatever else we may have learnt from this entirely self-promoting press conference, it does in fact tell us a few things about the suave pir from southern Punjab.

1. For one, the man has an ego the size of Multan. Anyone who has can refer to himself in the third person with nary a hint of irony or embarrassment has to have something going on in his head that we should all be wary of. Remember a certain Nawaz Sharif?

2. He obviously fancies himself as the reincarnation of another former rebellious foreign minister, Zulfikar Ali Bhutto. The body language, the expressions, the brusque mannerisms seem entirely, albeit unsuccessfully, copied from his professed idol.

3. Consequently it can be easily extrapolated that he also fancies himself as a future prime minister. You just know that's what he has set his sights on. In fact, he casually even brings up his (unsuccessful) nomination as prime minister by Benazir Bhutto in 2002. Obviously, he feels his time has come.

4. He has previously indicated his closeness to the military establishment through some of the stances he has taken. Here he once again lets slip that the Foreign Office decision on Raymond Davis had the direct input of the ISI, or as he calls it "a third state institution." I personally have little doubt after this conference that the feeling is mutual. The military would probably not find a better candidate than him from the current lot of politicos. Imran Khan, a longtime favourite of the boys is of course equally urbane, articulate and acceptable in the West but lacks one critical element that Qureshi has: electability as a prime minister. Are we seeing the grooming of the alternative option?

Meanwhile, at one point in his conference, Shah Mahmood claims that all serving and retired diplomats support him. He obviously did not count on former ambassador Zafar Hilaly. Hilaly can sometimes be a bit of a loose cannon in his writings and statements. But his takedown of Qureshi in today's Express Tribune deserves to be reproduced in all its acerbity.


The rise and fall of Shah Mahmood Qureshi
By Zafar Hilaly 
"Shah Mahmood Qureshi’s performance at his press conference on February 16 deserved a curtain call. His vocation should have been the stage, rather than politics. The affected manner, the dramatic pauses, the contrived humility, letting his expression suggest what words cannot, the fact that he did not actually cry while he made his audience think that he was crying were all expressions of that neurotic impulse that actors develop for the stage. Perhaps if Qureshi really wants to be taken seriously, he should quit acting because that would be a sign of maturity.
On the Raymond Davis matter, he prevaricated when certainty was required; he kept quiet when he needed to speak out and then spoke out when it was best to be silent. What he should have done when he discovered that his take on the Raymond Davis matter differed from that of the leadership of his party — and indeed that they differed on politics and not only principles, because some were contemplating doctoring documents — was to resign and not wait to be booted out which, for all practical purposes, he was.
The trouble with Qureshi, like his icon Zulfikar Ali Bhutto, is that he, too, is a compulsive performer. All politicians are vain but like ZA Bhutto, Qureshi does not wear his vanity lightly. Moreover, he wraps himself up in the flag at the slightest opportunity. Ever the egotist, Qureshi has assumed the role of the wronged patriot much as ZA Bhutto did in 1966 by raising the Tashkent bogey. Faced with the prospect of having lost his job, Qureshi also lashed out at the regime to which he had sworn fealty, in which he had prospered and by which he had been rewarded with high office. But all that Qureshi has succeeded in achieving is to widen suspicion about his loyalty which had always been loitering in the minds of PPP stalwarts, from a chink into a veritable chasm. Needless to say, like Bhutto, who never disclosed the secret clauses of Tashkent — because there were none — we probably won’t ever know what further disclosures Qureshi has up his sleeve.
By exaggerating achievements of his nondescript and relatively brief tenure as foreign minister and laying on self-praise with a trowel, the impression he gave was exactly the opposite of what he intended. It made him sound much like a mother who talks about her own children. Or, better still, like the fly that sat on the axle wheel of the Roman chariot and said ‘see what dust I raise’.
However, while ZA Bhutto had several solid achievements to brag about during his long stint as foreign minister, Qureshi has none. If he stood tall, it is only because, like Gulliver, he served among Lilliputians. To claim, for example, that the mention of Kashmir in his speech at the UN was a singular contribution to the Kashmiri cause amounted to what one friend described kindly as “superfluity of excess,” which is longhand for lies. The brave Kashmiris are responsible for returning the Kashmir dispute to the forefront of the international agenda, not Qureshi’s prattling from the UN podium.
Qureshi’s other claim that, but for him, the India-Pakistan dialogue would not have resumed, was more revealing of the novice that he was, and remains, when it comes to foreign affairs. It is mostly to India’s advantage that talks resume with Pakistan. India is seeking support for her candidature for permanent membership of the Security Council and talks, even if only for the sake of talking, help to show India as being conciliatory. It deflects attention from Delhi’s depredations in Kashmir, which have aroused outrage in India and abroad. On the other hand, talks and their inevitably inconclusive outcome serve no purpose for Pakistan. Thanks to this government and the other preceding it, we no longer have an image that is worth our while to maintain.
Qureshi made much of the fact that he had refused to be pressurised by his own party leaders on Raymond Davis because he did not want to be a party to the killing of ‘innocent’ Pakistanis. Indeed, if the victims are found to be innocent, that would be justifiable cause for elation. However, at the time that he was ‘heroically’ resisting such pressure, and even now, it is by no means certain that the two motorcyclists were entirely innocent. When Qureshi declared them innocent, not even the police had made up their minds, what to speak of the court where the trial has yet to begin. Was he trying to say that he knew that Davis is a homicidal maniac because who else will kill people merely because they were hanging around his car?
As for the ‘consultations’ that Qureshi claims he had with ‘experts’ of other departments before arriving at his conclusions, two of those departments, the interior ministry and presumably the intelligence agencies, would have known next to nothing about the Vienna Conventions. As for the legal wing of the Foreign Office, if those manning it had been remotely competent, they would have made their living at the Bar.
Qureshi would have been better advised to have got expert advice not from his subordinates but from independent experts of repute. Had he done so, he would have realised that the entire matter of the status of Raymond Davis hinged on the fact of whether he was a member of the technical and administrative staff of the embassy, as the Americans claim, in which case he has blanket immunity, or whether he is a consular official attached to the US consulate, in which case he does not.
One should have been able to say with near certainty that Shah Mahmood Qureshi has burnt his boats with the PPP and that his open defiance of the party leadership is as transparent an effort as any that can be made to carve out a bloc of his own supporters within the party, or perhaps to leave it altogether. However, the PPP is now in the hands of people who are all ‘loyal’ to the party, but in their own fashion and only for the moment. The likes of them may well welcome him back when, in fact, he should be stiff armed into oblivion."



Wednesday, February 2, 2011

A Brief History of Diplomatic Immunity (Updated)

Since we Pakistanis often suffer simultaneously from the twin demons of megalomania and paranoia - verily we are better than everyone else and that is why everyone is out to get us - we often also look at history through a rather selective and distorted lens. Unfortunately, none typify this mindset more than the doyens and doyennes of the Pakistani electronic media, in whom a curious mix of hyper-patriotism, half-baked information, sincere ignorance and arrogant bluster seems generally to hold sway.

Take the issue of the day on Pakistani media: whether the American known by his apparent pseudonym "Raymond Davis" - who shot dead two men in Lahore - can be tried by Pakistani courts or whether the US government has any right to claim diplomatic immunity for him. I am not going to offer my own opinion on this because, for better or worse, this is an issue for the US and Pakistani states to sort out. (I should, however, point out that, personally speaking, I do not think armed Americans or armed anyone should be roaming around the streets of Pakistan.)

But having seen numerous commentaries on television where emotive claims have been made about how Americans have not respected diplomatic immunity in their own cases, how immunity does not extend to serious crimes or how Pakistani diplomats have never been extended this kind of privilege, I just want to direct readers to a few examples.

Here's The Independent reporting in 1997 about a case in which a drunk Georgian diplomat killed a 16-year-old girl in New York with his reckless driving and the US requested a waiver from immunity for him. (The paper reports that Georgia was unlikely to approve the request though it actually was approved at the discretion of the Georgian government and the diplomat was sentenced for 7-21 years. He was transferred back to Georgia after serving three years [link courtesy @qabacha].) The piece also cites other incidences of less egregious crimes by diplomats that go unpunished. Appropriately for us, the story is titled "Can A Diplomat Get Away With Murder?"

You may also recall the shooting dead of British constable Yvonne Fletcher apparently by Libyan embassy staff in London in 1984 as well as the wounding of 11 others. Diplomatic immunity allowed the staff not to be prosecuted at all, though Britain subsequently broke off diplomatic relations with Libya. Fifteen years later, Libya accepted "general responsibility" and paid compensation, though some experts continued to question whether the police officer's death was actually caused by someone shooting from within the embassy.

Coming to Pakistani diplomats invoking diplomatic immunity, let us recall the case of our Ambassador to Spain, Mr. Haroon-ur-Rashid Abbasi, who Pakistan withdrew from his post in 1975 without allowing prosecution when heroin was discovered in his suitcase.

Let us also recall the case of our longtime permanent rep at the UN, Ambassador Munir Akram in 2003 who was accused of assault by his then girlfriend. The US also asked Pakistan to waive immunity in that case, which Pakistan did not oblige. (The case was eventually settled when Mr Akram persuaded his girlfriend to withdraw the charges against him).

So, as they say, au contraire, my friends.

Some final points, and please remember that we are only taking issue with the 'facts' of the case as presented in the media. Television analysts have almost unanimously claimed that "Davis" did not have a 'diplomatic visa'. It might behoove someone to ask our media pundits if they have ever actually seen a Pakistani diplomatic visa. From our own investigations, it seems Pakistani visas have no such specified category of 'Diplomatic Visa' (unlike some other countries). In fact, according our sources, all foreign diplomats receive Pakistani visas with the marking "Purpose of Visit:" "Official" or "Official Business" (not Official / Business, another category that does not exist) on their diplomatic passports. If they carry such a visa on their diplomatic passport and the Foreign Office has been so notified, they receive diplomatic immunity during their stay in Pakistan.

Here are some scans of Davis' passport as presented on DawnNews' Reporter programme...

This is the marking on his passport, which clearly states that he is on "diplomatic assignment" (click picture to enlarge):




This is his current visa, issued incidentally not in Washington (as claimed by Shireen Mazari on Geo and Syed Talat Hussain on DawnNews) but in Islamabad:



In fact, "Davis" only once received a three-month visa in 2009 from Washington. His subsequent 4-month visa in 2010 and his current 2-year visa were both issued within Pakistan.

Kamran Khan on Geo also went to great lengths to 'break the news' that "Davis" is a spy who works for the CIA. He almost certainly is. But not only is that not amazing insight, we have to ask, so? Is his actual work the issue of contention here? As former ambassador Zafar Hilaly pointed out on Dunya, spooks get posted on "cover postings" abroad all the time, including by the Pakistan Foreign Office, and they all receive diplomatic immunity under the Vienna Convention. Let's at least be clear what we are arguing about.


: : : UPDATES : : :

There have been some comments questioning some of my assertions in this post, which have been answered in the comments section. You may want to have a look.

A couple of other cases have been brought to our notice which we are also sharing. The first is the case in January 2001 of a Russian diplomat who killed a woman in Canada while driving drunk. A couple of quotes from this piece are worth pointing out.


"Andrey Knyazev was charged with criminal negligence causing death, impaired driving, failing to provide a breath sample, and criminal negligence causing bodily harm. Knyazev immediately claimed diplomatic immunity and on Monday, Russia denied Canada's request to lift it. [Russian Ambassador Vitaly] Churkin urged Canadians not to judge all Russians on the actions of one man. But he defended his government's right to recall Knyazev, saying it's tradition and common practice in the diplomatic community. “Many people are not happy that we didn't lift the diplomatic immunity," Churkin said. "The Canadian government has expressed its displeasure but recognized that this is our right.""


And this bit of wisdom from Canada's Foreign Minister that Pakistanis may also want to understand:


"[The] tragedy has raised questions about the use of diplomatic immunity to escape prosecution. But Foreign Affairs Minister John Manley says he will not use this case to press for changes. "There's an old saying among lawyers that hard cases make bad law," Manley said following a cabinet meeting Tuesday. "I think that (revising diplomatic rules) is something that we'd want to look at in a broader circumstance, not in the situation which we're in now," he said."



Incidentally, Shahid Saeed has also pointed out two further cases where Pakistani diplomats have invoked diplomatic immunity. The first involved Col Mohammad Hamid, a military attache in Pakistan's High Commission in London, who was caught in 2000 having sex with a prostitute in his car in a public place. When caught, Hamid immediately invoked diplomatic immunity and therefore could not be arrested. Here's an Indian Express report of the incident, which was also reported in the English papers.

The second involved the arrest in April 2001 in Kathmandu of Pakistan's first secretary Mohammad Arshad Cheema. 16kg of high-intensity explosive RDX were recovered from his residence. The Indian government believed him to be also linked to the hijacking of the Indian Airlines flight IC-814 which resulted in the freeing from Indian prisions of (subsequently Daniel Pearl murder accused) Omar Saeed Sheikh and Jaish-e-Mohammad leader 'Maulana' Masood Azhar. This report from the respected Indian magazine Frontline presents a wider and less one-sided perspective on the arrest. It also provides evidence of two things we already asserted in our post: that spies (and even military operatives) are often posted by foreign governments under diplomatic cover and that diplomatic immunity extends even to grave crimes. Cheema was expelled from Nepal rather than be prosecuted even though, by any definition, possessing high intensity explosives for ulterior motives is a very serious charge in any country.


Tuesday, February 1, 2011

Cutting Through the Emotionalism


Can we just express how refreshing it was to watch Najam Sethi's first appearance on Geo tonight? In the middle of the hyperventilating cacophony surrounding the shooting to death of two men in Lahore by a contractor of the US embassy (and the death of a third in a hit and run accident apparently at the hands of an American consulate vehicle), Sethi began his new programme Aapas Ki Baat with the warning that he wanted to put emotionalism aside and analyse the incident only in terms of the facts. That in itself is an all too rare approach on our television screens these days. But what followed was close to a masterclass for other television anchors on how to impart clear, precise information with a logical, rather than emotional, analysis.

Not only did Sethi cite the actual clauses of the Vienna Convention on diplomatic immunity (which Pakistan has ratified) that have been furiously talked about but never actually specifically referenced, but also put into context the whole issue in light of contemporary history and geopolitical realities. Now, others may question his interpretations of the Vienna Convention or the heretofore unknown 'facts' he presented as definite realities (we have no way of determining their veracity but he did stake his reputation on their authenticity), but I hope such challenges, if they do come, will be based on proof rather than vague emotionalism. His main contentions were:

1) Irrespective of a non-diplomatic visa (which seems to have become the main issue for some channels), a diplomatic passport - as the US claims the killer has - may still grant the man known as Raymond Allen Davis* diplomatic immunity under the Vienna Convention. [*This is assumed to be a fake name.]

2) The Vienna Convention actually grants immunity to diplomats (and their technical staff) from ALL criminal prosecution. No diplomat or foreign mission operative may be arrested by a host country, no matter what their crime (except in cases of property). (You may verify this from Clause 29-31 of the Convention.)

3) Since the American government has claimed diplomatic immunity for Davis, the Pakistan government must either accept their claim or the Pakistan Foreign Office - as the constitutional authority to decide such matters - must dispute this status. The courts are not the arbiters of the Vienna Convention under Pakistan's own constitution.

4) By claiming to leave the matter in the hands of the courts or the Punjab government, the Pakistan Foreign Office - and by extension the Federal government - is in violation of Pakistan's own constitution which details how issues of diplomatic immunity are to be handled. The Punjab police and Punjab government were wrong only to the extent that they should have referred the matter immediately to the US Consulate or the Pakistan Foreign Office before arresting Davis.

5) There are some 50-60 such contractors working for the US Embassy in Pakistan, who are all Blackwater-type operatives and whose job involves spying and ferreting out leads to trace Al Qaeda and Taliban leadership. Under a secret treaty signed by the military government of General Pervez Musharraf, a Joint Special Operations Command (JSOC) allows such operatives to work in Pakistan as well as Afghanistan. The important thing to remember here is that the military and the intelligence agencies are fully on board about this and know full well the mandate of these operatives. (This claim by Sethi, if true, of course flies in the face of those who have recently been painting Pakistan ambassador to the US Husain Haqqani as the principal villain in granting visas to these operatives, as if such visas are not overseen and approved by the ISI. It also means that those who point out that the Vienna Convention applies only to the discharge of official duties by diplomats and that Davis could obviously not be on any official mission at Mozang Chowk in Lahore, could be countered by the simple assertion by the US Embassy that he was.)

6) In case the Pakistan Foreign Office does decide to dispute diplomatic immunity to Davis, it will probably have to bear the brunt of reciprocal action from the US for reneging on a bilateral / international treaty.

7) Even if diplomatic immunity is denied to Davis, he will most probably be acquitted by the courts since his plea of self-defence will be very strong. As evidence for this contention, Sethi cited his own information that the two men killed by Davis were indeed brandishing weapons, that they were actually shot in the chest or on the side (contrary to news reports of their being shot in the back) and the context of previous attacks on foreigners in Pakistan and the atmosphere of fear that they have created.


Incidentally, Sethi does not address the death of the third man who was run over but it bears recalling that Davis is not charged in that case and the US Consulate has refused to acknowledge that its vehicle was involved. Sethi was also at pains to clarify that he neither condoned Davis' actions nor that he supported such infiltration of secret American agents into Pakistan. In fact, he also condemned such commandos roaming freely around Pakistan under the guise of diplomatic cover. But the solidity of his programme rested on the fact that he was able to separate out a dispassionate analysis of a given situation from the patriotic impulse that seems to overtake our other television analysts.

This does not mean, in any sense, that this issue will not become a hot political issue, particularly serving as a lightning-rod for popular disaffection with American policy but also helping political actors from making opportunistic capital off it. Or that the Peoples Party government is not now stuck between a rock and a hard place. Sethi himself acknowledges this. But it is good to have more than just one side of the debate, particularly when that one side is often also misinformed.

For those who missed the programme, I am attaching the clips below. But first it might also be useful to see how another programme on the same channel, Aaj Kamran Khan Ke Saath, dealt with the issue, just in the previous hour, and which trotted out that doyenne of hyperventilation and hyper-patriotic confused thinking, Ms. Shireen Mazari, to make its point (the segment begins around 1:10 and ends around 11:30).




Don't miss how Ms. Mazari fudges the issue of diplomatic immunity by referring to a waiver in other cases (which obviously implies immunity). Remarkably this was not even the worst fudge of an analysis on our screens.

In stark contrast, here's the full Najam Sethi programme:


Part 1:



Part 2:



Part 3:



Part 4:



I suppose kudos to Geo are also in order for finally bringing some rationality to their programming. See? It's not all that bad.

Friday, October 8, 2010

Rent Boys

It's late. I am tired. So I'm not going to write a proper post. But I still want to put this clip out there, for people to see and hear and to comment on.

The topic of the Riz Khan programme on Al-Jazeera English is Pak-US relations - whether they have reached a breaking point. In particular, listen in to what C. Christine Fair (Georgetown professor and Pakistan analyst) has to say about drones and the Pakistani media beginning around 5:10. She points out that the claims of collateral damage from the drone strikes are usually unsubstantiated (absolutely true, but as much I suppose as American claims of having taken out specific terrorists) and that "the interesting side of Pakistan's new vibrant media is that a lot of it is for rent." (Can just imagine the spluttering by Hamid Mir on Capital Talk soon.)

But would actually encourage you to see the whole programme. Some good stuff from General Talat Masood too. And a pessimistic outlook from Fair towards the end. Thanks to @takhalus for the link.

Wednesday, September 1, 2010

The Clueless Mr Harrison

The only question that can possibly arise from any sensible follower of international relations after reading Center for International Policy director and former Washington Post South Asia bureau chief Selig Harrison's August 26 op-ed in the New York Times is this: Is Selig Harrison a paid lobbyist for India or simply senile?


Selig S. Harrison: using a table to seem reflective


So full of bollocks is his piece - written breathlessly like a breaking news story - that it is hard to imagine who could possibly ever take it or Mr Harrison seriously. The basic thrust of the op-ed is that Pakistan has covertly handed over the Gilgit-Baltistan region to the Chinese, a "fact" that it seems only Mr Harrison is privy to and thus he becomes the Chosen One to reveal it to the world. In fact, just hearing about this was enough for me to dismiss the story and move on. I mean, you have to ask yourself, despite our longstanding security ties with China, given Pakistan's national psyche, is such a thing even possible? Could such a development actually happen without anyone knowing about it? Or a hue and cry arising about it in at least Pakistan's anarchic media? (And please don't bring in that sliver of land called Aksai Chin into this, as far as I know nobody lives in that remote desert.)

But now that the Pakistan Foreign Office was forced to issue a rebuttal, I thought I would go back and actually read the piece. And woe is me. Mr Harrison begins with the kind of ominous foreboding that would suit a Tom Clancy thriller, and had it been a film rather than a printed article, would have surely included a menacing dhen dhen dhen soundtrack...


"While the world focuses on the flood-ravaged Indus River valley, a quiet geopolitical crisis is unfolding in the Himalayan borderlands of northern Pakistan, where Islamabad is handing over de facto control of the strategic Gilgit-Baltistan region in the northwest corner of disputed Kashmir to China."


Unfortunately, having set up his thriller, he almost immediately puts his foot into his rather large mouth by making factually ridiculous claims:

"The entire Pakistan-occupied western portion of Kashmir stretching from Gilgit in the north to Azad (Free) Kashmir in the south is closed to the world, in contrast to the media access that India permits in the eastern part, where it is combating a Pakistan-backed insurgency."


Does Selig even know anything of what he writes about? Gilgit-Baltistan is closed to the world??? Has he ever heard of European trekking and mountaineering expeditions? Or Japanese and Korean tourists visiting Buddhist relics? Or the Aga Khan Rural Support Programme that has international consultants coming in and out of the region with more regularity than he probably goes to the loo with? Or has he never read international dispatches from Muzaffarabad during the earthquake or from the site of the recent Attabad landslide lake in Hunza? Yes, foreigners do need a special visa to go into these areas, partly because Pakistan officially considers them disputed areas and partly because of security concerns. But not only does Pakistani media reach these areas but most newspapers have permanent correspondents based there and report regularly from there. But of course, this fool gives his hand away by comparing it to the "media access that India permits" in Indian-administered Kashmir (which foreign correspondents also need special permission for.) You have to be either totally blinkered or totally corrupt to make the case that media access in the Valley of Kashmir is greater than in Gilgit-Baltistan or Pakistan-administered Kashmir.




Mr Harrison then adds:




"... reports from a variety of foreign intelligence sources, Pakistani journalists and Pakistani human rights workers reveal two important new developments in Gilgit-Baltistan: a simmering rebellion against Pakistani rule and the influx of an estimated 7,000 to 11,000 soldiers of the People’s Liberation Army."



Aah, the "simmering rebellion" hypothesis, so favoured by Selig. You might go: what? where? How come I didn't see it in Skardu? But then you probably have not followed Mr Harrison's career. Here are two takedowns of his earlier claims, the first from an excellent blog on all things Central Asian called Registan, the other from the Pakistan Policy blog. Registan's post, evocatively and correctly titled "The Inexplicable Longevity of Selig S. Harrison" begins thus:




"Selig S. Harrison has a curious relationship with reality—that is to say, not much of one."



And that in essence is all you need to know about this former hack.


Incidentally, the People's Liberation Army soldiers? Apparently Chinese civilians who have come with flood relief goods and those helping the rebuilding of the Karakorum Highway, which if you recall, was built with Chinese assistance in the first place and has been severely damaged by the recent floods. Harrison in fact admits that most of the Chinese are "working on dams, expressways and other projects." But he also questions some "mysterious tunnels" that he believes could be used for laying oil pipelines and to hide missiles, and plans for railroad and road links that China could use to "transport cargo from Eastern China to... Gwadar." Oh wow. Damn those nefarious-minded Asian types, trying to do things for their own benefit.


By the way, doesn't everyone know about Pakistan's longtime collaboration with China on security matters? And why shouldn't Pakistan collaborate with China to build its infrastructure or even as a military counter-weight to India? And why would the Chinese do it unless they see something in it for themslves? Isn't 'strategic national interest' the very foundation of international state relations? But Mr Harrison sees something sinister in this. Why? Basically because:


"Coupled with its support for the Taliban, Islamabad’s collusion in facilitating China’s access to the Gulf makes clear that Pakistan is not a U.S. “ally.” Equally important, the nascent revolt in the Gilgit-Baltistan region is a reminder that Kashmiri demands for autonomy on both sides of the cease-fire line would have to be addressed in a settlement."


By the way, I have no clue what he means by the second part, regardless of his imaginary "nascent revolt" repetition. So, reminders that the Kashmir issue remains outstanding is a problem for you Selig?


But of course Mr Harrison can't leave it at that. He must earn his lobbying funds (ok, I have no proof of this, but I would be dumbfounded if the following bit of Indian establishment fantasy were being repeated without any quid pro quo):



"Media attention has exposed the repression of the insurgency in the Indian-ruled Kashmir Valley. But if reporters could get into the Gilgit-Baltistan region and Azad Kashmir, they would find widespread, brutally-suppressed local movements for democratic rights and regional autonomy."



I have news for you Selig. People all over Pakistan desire democratic rights and regional autonomy (as, dare I say, they do in vast swathes of Moaist insurgency-wracked India) but nowhere in Gilgit-Baltistan and Azad Kashmir will you find the kind of brutal military-backed suppression of local movements that you will find in the Valley. To draw equivalences there is the height of ignorance, of cynicism or devious attempts to deflect focus.


And of course no two-bit "expert" on South Asia (or any third world area) can go without attempting to stoke sectarian / ethnic fires through sweeping generalizations:




"When the British partitioned South Asia in 1947, the maharajah who ruled Kashmir, including Gilgit and Baltistan, acceded to India. This set off intermittent conflict that ended with Indian control of the Kashmir Valley, the establishment of Pakistan-sponsored Free Kashmir in western Kashmir, and Pakistan’s occupation of Gilgit and Baltistan, where Sunni jihadi groups allied with the Pakistan Army have systematically terrorized the local Shiite Muslims."



Yes, of course, he has to bring in the Shia-Sunni angle as well, as if his main aim is to protect the Shia of Gilgit-Baltistan (shades of neo-con "experts" wanting to protect the Shia in Iraq, the women in Afghanistan etc). Yes, there are sectarian tensions in parts of the area (Gilgit city for example) which have existed for decades and periodically erupt into violence. But he is obviously confusing areas like Kurram Agency in the Federally Administered Tribal Areas (FATA) - where Al Qaeda backed militants have terrorized Shia populations - as part of the Northern Areas. I have yet to hear of any overt jihadi outfits operating in the Northern Areas. But when your agenda is something else, geography is the least of your concerns.




Selig Harrison goes on:




"Gilgit and Baltistan are in effect under military rule. Democratic activists there want a legislature and other institutions without restrictions like the ones imposed on Free Kashmir, where the elected legislature controls only 4 out of 56 subjects covered in the state constitution. The rest are under the jurisdiction of a “Kashmir Council” appointed by the president of Pakistan. India gives more power to the state government in Srinagar; elections there are widely regarded as fair, and open discussion of demands for autonomy is permitted."



That "democratic activists there want a legislature" must certainly come as news to Northern Areas elected chief minister Mehdi Shah and his elected cabinet. I guess Selig was sleeping when the Northern Areas elections were held. He is right that there is resentment about how much real power the legislatures of Azad Kashmir (which have their own president and prime minister) and Gilgit-Baltistan actually enjoy but do keep in mind that unlike India, Pakistan does not claim to have incorporated the region into the country and, at least accepts their position as regions whose status is yet to be resolved. The bit about elections in Indian-administered Kashmir being "widely regarded as fair" would be laughable (at least as far as the Valley is concerned) if only there were no daily military-enforced curfews and large-scale protests every day there by ordinary Kashmiris demanding independence (no, Selig, they are not demanding "greater autonomy" within India, but nice of you to at least concede that all is not hunky dory there).


Notice also that he never once points out that the people of Gilgit-Baltistan do not consider themselves historically part of Kashmir and their strongest demand has always been a de-linking of their status from that of Kashmir. Why? Probably because it goes against the Indian establishment narrative.


Nevertheless, Mr Harrison provides his prescription for what the US should do with (to?) Pakistan:



"In Pakistan, Washington should focus on getting Islamabad to stop aiding the insurgency in the Kashmir Valley and to give New Delhi a formal commitment that it will not annex Gilgit and Baltistan. Precisely because the Gilgit-Baltistan region is so important to China, the United States, India and Pakistan should work together to make sure that it is not overwhelmed, like Tibet, by the Chinese behemoth."



So, India should be "pressed" to resume talks with separatists on autonomy (kind of like the US presses Israel to resume Middle East talks?) even as its claims to Kashmir as a part of its union are accepted, while Islamabad gives New Delhi "a formal commitment" about keeping Gilgit and Baltistan in limbo? Oh, I understand Selig, it's because what is important to the US (and you) has nothing to do with the people of GB per se or what they want but with the United States' own strategic interests vis a vis keeping China at bay. And yes, we should all work together to make sure GB is not overwhelmed by China (a patently manufactured scare in the first place), since the only sort of overwhelming that is kosher is by the US. What Selig is basically saying is, if you want to be overwhelmed, Main Hoon Na. Thanks for clearing that up.




Tailpiece: You might have wondered what the Center for International Policy is all about, because any organization that has someone as clueless or mealy-mouthed as Selig Harrison as a director, well what can you really say about its credibility? Well here's what Wikipedia has to say about it's history:



"The Center for International Policy (CIP), located in Washington DC, was founded in 1975 by diplomats and peace activists in the wake of the Vietnam War. On its website, the Center describes its mission as "Promoting a U.S. foreign policy based on international cooperation, demilitarization and respect for human rights.""



How the mighty have fallen! At least they are keeping up the "promoting a U.S. foreign policy" bit.