Something About The Law

Musings Pertinent to Law and Society

Obama’s AfPak Speech and India.

Posted by Arun On December - 1 - 2009

Here’s a very interesting take on the India connection from Obama’s speech yesterday, by Robert Kaplan, known for his controversial views on foreign affairs. The statement has been sourced from the Centre for a New American Security (more specifically, from comments by National Security Experts on Obama’s speech). The full statement may be viewed here.

In calling for 30,000 more troops, President Barack Obama is solidifying the budding strategic partnership with India and putting Pakistan between a rock and a hard stone. India requires a relatively stable and westernized polity in Afghanistan that will not serve as an Islamic rear base for its rival Pakistan, which is why India has been heavily invested in the government of Hamid Karzai, who previously studied in India. India has opened consulates throughout Afghanistan and was uncomfortable with the barrage of anti-Karzai criticism coming out of Washington. Obama’s decision to add troops will, therefore, bring a sigh of relief to New Delhi. Pakistan’s strategic calculus is dif ferent. The Pakistani military has been willing to show some resolve in battling the Taliban inside Pakistan, but it still sees Karzai as a pro-Indian enemy whom it would like to see undermined, rather than built up as Obama is now intent on doing, even if aid money bypasses him and goes directly to local governments. But since Pakistan gets military aid, including spare parts, from the United States, it cannot openly sabotage Obama’s efforts. Thus will arise the principal tension in Obama’s new policy – and one of the tensions that will help define his presidency – keeping Pakistan on board. The degree to which he can woo Islamabad will directly correlate with the success he hopes to achieve. Both Iran and Russia are conflicted over Afghanistan: they oppose the Sunni Muslim Taliban – Iran is Shia and Russia fears a radicalized Central Asia. But the fact that Obama is now forthright behind a troop surge may cause Tehran and Moscow to make choices, which hopefully will be in A merica’s interests.”

Response from civil society?  Arif Rafiq, of Pakistan Policy, tweets:

Robert Kaplan oft constructs lovely sentences that shed little light on reality

My take: I think the strategy is definitely inclined towards India’s interests, especially in light of the development-oriented partnership that we’ve engaged with Afghanistan. However, to say that this was a calculated measure can hardly be true (more like an inevitable consequence). Further, it doesn’t exactly hurt Pakistan’s ’strategic calculus’ – the possibility of troop withdrawal from Afghanistan right now could present a nightmarish scenario for Islamabad, with its already turbulent setting. However, Kaplan’s trying to play this down as a zero-sum game – and I don’t think he’s very close to the mark here.

Indo-U.S. Relations – A culture of solidarity?

Posted by Arun On November - 26 - 2009

hand-shaking-630In his op-ed on Foreign Policy, Daniel Twining speaks on the significance of considering the US’ relationship with India as a value-based interaction among the world’s largest and most populous democracies.  He criticizes the Obama Administration for attempting to engage China in a near zero-sum, interest-based relationship, one that is  myopic in nature.

Taking a similar line of argument, it is important to note the relevance of Barry Buzan’s theory of the international security community in this context – classifying regional (and to a limited extent, global) relationships in the spectrum of (1) conflict formation, (2) security regime and (3) international security community. The third phase in the spectrum, as Buzan describes in his book Security: A New Framework For Analysis, is a situation envisaged where the security interests of two or more nations are so intertwined that they cannot be realistically considered apart from one another – basically, a situation of war is inconceivable between them. Take for instance, the EU. The argument then, is that this ’secure’ community is able to facilitate economic and cultural ties between its constituent members.

Where does the U.S-China relationship figure in this scheme? Alan Collins makes an articulate case, using Buzan’s theory, on Sino-US ties – he sees it developing towards a nascent security regime, where the threat of conflict is very real (accounting for a number of factors, including Taiwan and N.Korea) but perhaps not imminent, for the parties’ own interests will then be harmed. The essay does not consider the impact of the global financial crisis (it was written a year before the meltdown) but the credit crunch has only added to Collins’ argument. This is perhaps best exemplified through Obama’s recent visit of China.

China is expected to play a significant role in leading the global economy out of recession, and American interests are heavily reliant on it. The fact of China holding billions of U.S Treasury bonds is well-known, and consequently, the US is extremely cautious about its approach to the Asian giant. Obama, evidently, is keen to appease China to sustain its interests (in the Korean peninsula as well), and this interest-based relationship is not founded on a culture of solidarity. In fact, the situation could not be more contrasting: China’s track record on democratic regimes/reform, human rights and free speech is deplorable, and has often been a cause of concern to the United States. Yet, in prevalent circumstances, the Obama administration can ill-afford to rub China the wrong way on these sensitive issues.

On the other hand, U.S Presidents (till Obama) have treated India as a ‘natural’ partner in South Asia. Democracy is a defining factor that connects India and America, in a way that is a significant buttress to US exhortations in Af-Pak and the Middle East. It is also important in the struggle against extremist activity where India and US get hurt the most. Despite sanctions imposed in the immediate aftermath of Pokhran I and II, the US has recognized India as a responsible nuclear power and has even entered into a civilian nuclear agreement.

Thus, it was not surprising that the US-China joint statement hyphenating India with the India-Pakistan problem created a furore here.

And yet, even if we were to go beyond the value-based relationship, an ideal bedrock of Indo-U.S. ties, America stands to benefit greatly from nursing Indian growth in South Asia. As Twining states, India’s stiff competition to China on economic growth and its involvement in sensitive issues such as Tibet, has greatly worried the latter. Ergo, we have the Arunachal Pradesh ruckus (part of the larger border dispute), paper-stamped visas, joint statements, hawkish press releases and what-have-you.

Admittedly, India needs to go a fair distance to catch up with China. The Chinese, at the moment, present a direct threat to American leverage in Asia-Pacific, even as its Japanese grip seems to be easing with the Hatoyama Government in place. The U.S needs a strategic partner in Asia, that can directly counter the rising Chinese tide, and the answer in plain and obvious. There can be no better rationale for partnership and co-operation with India, than the culture of solidarity that exists (almost subliminally now) between both nations.

Twitter and the NREGA: A Case for Web 2.0 in India

Posted by Arun On November - 23 - 2009

serve

The screenshot’s from Serve.gov, a U.S State website that encourages community service and volunteer work. Ever since the Obama administration took office at the beginning of the year, the White House has embraced online social interaction, using tools like YouTube, Facebook and Twitter to facilitate a two-way flow between Government and civil society. Web 2.0, which is the collective term for new age tools of online interaction, was instrumental in Obama’s successful presidential campaign, and his office was quick to realize its importance in governance as well.

Compare this to the situation in India, where online interaction in the administrative sphere is viewed with great suspicion. Ministry websites are archaic relics, often providing outdated information, with little avenue to obtain feedback and viewer response. The functioning of the bureaucracy is veiled from public glare, with direct Government orders in certain cases (for Foreign Service officers) against using social networking tools in office. There’s no wonder then,  why the Right To Information Act has been so successful, as it provided a much-needed gateway to information that had been hitherto been unavailable.

Instead, a case may be made out for  the State to employ tools of Web 2.0 , which is not only an espousal of the democratic cause, but minimizes the burden on the RTI. As it stands now, the Act of 2005 mandates an RTI Link in websites of all public organizations/institutions. If such information were to be provided using modes of online interaction, tensions would be eased and would also foster a sense of participation amongst citizens.

A number of arguments may be pre-empted against employing such modes of interaction. The most important one is with regard to the user base that uses Web 2.0. Admittedly, it is not a priority for the rural citizenry, and is rapidly burgeoning primarily amongst the urban middle and upper classes. Yet,  social networking only augments e-literacy – basic e-literacy programmes employed in several Indian states have been found to be hugely successful. Thus, addressing the problem from the spectrum of necessity is bound to yield results.

What do I mean by this? For the urban classes, online interaction is aimed more towards the end of social and business networking, and an increasing need to stay connected for personal and professional reasons. For rural India, concerns lie elsewhere, in economic sustenance and a constant source of livelihood. At the same time, the latter constitutes our biggest electoral base, and it is important that informed decisions are taken in exercising franchise. Thus, it is the rural segments that stand to benefit from Govt-initiatives that promote a two-way flow of information online.

In addition, the advantages in building on extant social welfare measures are many if Web 2.0 is employed. Lets take the instance of using Twitter for an NREGA social audit. Twitter can be effectively employed to publicize the aims and agenda of the social audit (not just to villages, but also in cities and towns), the minutes of the social audit meeting and conclusions from it, and thereby bring larger public participation into the process. True, it requires villages near and remote to have steady internet connections and proper training (through e-literacy programmes) – but it is a heady investment and can reap significant benefits. Twitter is just one example – even Facebook can, say, be used in scheduling a public gathering for an RTI meet or a social audit and to create campaign groups in rural environs as well. YouTube could be  a forum to create channels and upload videos of these social audits and meetings. If outsourcing businesses to rural india is the new trend (see a NY Times article on the same), LinkedIn can be used as a potential employee database, without involving middlemen.

Its easy to dismiss the idea as far-fetched, purely because it needs strategic planning and considerable investment. But at a time, when ‘headless’ rural-to-urban migration is the norm, generating innumerable slums and acute living conditions for the poor, online connectivity can go a long way in  measuring the public pulse – consequently, improving governance and ameliorating torrid conditions of livelihood.

History Repeating Itself

Posted by Aditya On March - 14 - 2009

Camus idea that dissent must never be confused be disloyalty may find new vigour with the events unfolding in Pakistan. President Zardari has applied Section 144 of the Code of Criminal Procedure in the country thus giving a free hand to the security officials to make arrests of those protesting against the state of that nation.

 

The Section 144 of Pakistan’s Criminal Procedure Code is similar to the Indian legislation giving the power to a magistrate to issue an order in urgent cases of nuisance or apprehended danger. Mustafa Quadri in The Guardian gives an interesting history of this legislation in India and Pakistan with its British Origins and critiques it with reference to the current state of affairs. To quote him,

 

“But the provision, sadly, has a much older history than that. Section 144 traces its origins to a British criminal code enacted in India as far back as 1860, just three years after the subcontinent’s first modern independence movement rocked British rule throughout north and central India. The provision was subsequently used routinely by British authorities well up to Partition in 1947. Many of the most celebrated leaders of the great civil disobedience project that eventually unseated the British were imprisoned using this most colonial of enforcement mechanisms.

The 1860 criminal code was adopted by Indian and Pakistani authorities after independence, and section 144 has been used to prevent civil disobedience in both countries for successive decades.

Pakistan’s latest string of protests is no different.”

 

Perhaps when all forms of expressing dissent fail, civil disobedience may be pursued. The situation in Pakistan is tense with the Government in shambles. It is evident that there is no rule of law prevalent in that State and a movement towards its preservation in the manner of protests may then be justified.

With pressure being put across from all corners; national and international, if President Zardari does not cede to the demands of his adversaries, then probably Marital law may be the best alternative. Not unnatural in a supposed Constitutional democracy where the Army has ruled more than democratically elected governments combined. Truly history repeating itself.

Voting for Venezuela.

Posted by Arun On February - 15 - 2009

A referendum is currently under way in Venezuela where voters are to decide on a proposal that would assist elected officials in seeking as many terms as they wish. Mooted by the Hugo Chavez-led Government, the proposal is set to be a watershed in the political landscape of this South American country. A similar referendum was narrowly rejected in 2007 and there seems to be extensive campaigns from ‘pro’ and ‘anti’ groups to mobilize voters.

If the 2007 proposal sought to extend the presidential term limit, this year’s constitutional amendment will cover gubernatorial and state political posts. The move to push forth for such a change has evoked mixed reaction from the public, in and outside Venezuela. While critics believe that the referendum is designed to facilitate a concentration of power on the President’s hand, Mr. Chavez himself believes that the extant regime offers little scope for a constitutionally elected leader to function effectively.

“Ten years is nothing,” Mr Chavez, whose term expires in 2012, said at a news conference on Saturday. “I don’t know what they’re complaining about.”

As to whether the Venezuelan voter agrees to give the right of unlimited terms to its leaders in power will be clear within this week. Campaigning has acquired great intensity and the move will certainly reflect on the country’s future in coming years.