Taliban: 2 senior IS members killed in Afghanistan

RAHIM FAIEZ

Associated Press
28 Feb 2023

ISLAMABAD (AP) — Two senior regional members of the Islamic State group have been killed in Afghanistan in recent weeks in separate operations by the Taliban security forces, a Taliban spokesman said Tuesday.

Taliban forces killed Qari Fateh, the regional IS intelligence and operations chief, during a raid in Kabul over the weekend, Zabihullah Mujahid, the main spokesman for the Taliban government, said in a statement.

A news outlet allied with the Islamic State group on Tuesday posted confirmation of Fateh’s death on an IS-run Telegram chat.

Earlier this month in a separate operation in Kabul, three IS members — including senior IS leader Ijaz Amin Ahingar — were killed.

Mujahid said that a number of other IS members, including foreign nationals planning deadly attacks, also have been detained in recent days.

The regional affiliate of the Islamic State group — known as the Islamic State in Khorasan Province — is a key rival of the Taliban. The militant group has increased its attacks in Afghanistan since the Taliban takeover of the country in August 2021. Targets have included Taliban patrols and members of Afghanistan’s Shiite minority.

In January, eight IS militants were killed and nine others arrested in a series of raids targeting key figures.

The raids in the capital city and western Nimroz province targeted IS militants who organized attacks on Kabul’s Longan Hotel, Pakistan embassy and the military airport.

The Islamic State group claimed responsibility for a deadly bombing near a checkpoint at the Afghan capital’s military airport. IS said that attack was carried out by the same militant who took part in the Longan Hotel assault in mid-December.

IS claimed the attack on a Chinese-owned hotel in the heart of Kabul, causing China to advise its citizens to leave Afghanistan “as soon as possible.”

Earlier, the IS also claimed a shooting attack targeting the Pakistani Embassy in Kabul. Shots were fired at the embassy from a nearby building, triggering anger in Pakistan and raising tensions between the two South Asian neighbors.

Pakistan’s top diplomat in Kabul was walking across the lawn inside the embassy compound at the time of the attack. He was unharmed, but one of his Pakistani guards was wounded.

The Taliban swept across the country in mid-August 2021, seizing power as U.S. and NATO forces were withdrawing from Afghanistan after 20 years of war.

The international community has not recognized the Taliban government, wary of the harsh measures they have imposed since their takeover — including restricting rights and freedoms, especially for of women and minorities.

Taliban: 2 senior IS members killed in Afghanistan
read more

Will China’s latest investment in Afghanistan actually work?

By

Al Jazeera

The Taliban-run Afghanistan saw its first significant foreign investment last month when a Chinese firm signed a 25-year-long, multimillion-dollar contract to extract oil. Experts are cautiously optimistic the project may bring jobs and income despite China’s sketchy record on executing deals.

On January 6, the Taliban signed with Xinjiang Central Asia Petroleum and Gas Company (CAPEIC), a subsidiary of the state-owned China National Petroleum Company (CNPC), a contract to extract oil from the Amu Darya basin, which stretches between central Asian countries and Afghanistan where it covers about 4.5 square kilometres (1.73 square miles). The deal will see an investment of $150m in the first year in Afghanistan and $540m over the next three years, a Taliban spokesperson said on Twitter.

“The daily rate of oil extraction will be from 1,000 to 20,000 tonnes,” spokesperson Zabihullah Mujahid shared in a tweet, adding that the Taliban will be a 20 percent partner in the deal, which will later be extended to 75 percent.

Abdul Jalil Jumrainy, an industry expert and the former director general of the Afghan Petroleum Authority at the Ministry of Mining and Petroleum, is one of the many following the development with a little bit of hope.

“Looking at the situation now, the way our people are struggling, in my opinion, this [project] can be a source of revenue that provides economic relief – an opportunity for Afghans to benefit from their resources,” Jumrainy said. “Even if a major part of it goes to the government, there will be jobs created and some Afghan expertise will be utilised, and that is a good thing,” he said.

Though “it all depends on how it is implemented”, he added.

Sketchy past

While the announcement has brought some initial cheer to the beleaguered country, old Afghan hands are cautious in their optimism, not only because China is yet to see through any of its investments in the country’s mining sector, but because this particular deal sounds just like the one the previous Afghan government had called off on account of corruption.

That exploration and production sharing deal was struck in 2011, under the previous Afghan government, between China’s state-owned CNPC and an Afghan company called Watan Group for the “Kashkari block”, one of the three blocks now part of the recent Amu Darya tender.

“It was a major win for the government because CNPC is a very big company and China is currently the biggest oil and gas buyer in the region,” recalled Jumrainy.

China imports gas from Turkmenistan via four pipelines, three of which transit through Uzbekistan and one via Tajikistan. Afghanistan was offered the opportunity to be part of the fourth pipeline.

The “Afghan government at the time asked CNPC to be part of the tendering process, which they rejected. It was a great opportunity for Afghanistan to develop its petroleum sector had the Chinese agreed to a fair tendering process,” Jumrainy said.

The previous deal, also for 25 years, would have seen a potential initial investment of $400 million to extract 87 million barrels of oil, eventually generating at least $7bn in revenues for Afghanistan.

Afghanistan has significant potential for oil and gas, Jumrainy said. “Afghanistan was among the major exporters via Turkmenistan to the Soviet Union. However, there hasn’t been sufficient exploration in the last few decades which requires billions in investment,” he said.

The previous government had hoped China would be a significant investor in Afghan extractive sectors, including copper, oil and gas, but very little materialised.

“There were certain regulatory and budgeting concerns of CNPC’s expenditures in Amu Darya EPSC and when the government raised questions and hired independent auditors, CNPC shut the field and its staff left the country. The expenses were higher and contracts were given to Chinese companies without following proper procurement rules,” he recalled.

The Afghan government made several other attempts to revive the deal but the negotiations fell apart. “When we visited China to ask CNPC to resume the deal, they asked to be the sole source for arrangements of the entire Amu Darya basin covering 10 blocks. But the government decided against it and instead put the potential gas block up for bidding. We offered for them to be part of the tender process but they were not interested,” Jumrainy said, adding that the CNPC’s local Afghan partners had similar concerns, which led to disputes between the two sides.

The previous controversies with CNPC, Jumrainy speculated, may be the reason why the deal with the Taliban was made through an affiliate company rather than with the state body itself.

Then there is the case of the Mes Aynak mines, one of the largest untapped deposits of copper globally, 40km (25 miles) southeast of Kabul.

In 2008, a Chinese company took a 30-year lease for Mes Aynak mines to extract nearly 11.08 million tonnes of copper. Now, more than halfway through their lease, the company is yet to develop the mines. “Until the concrete investments are actually made on the ground, I would be sceptical of considering any of the announced figures or targets as being more than declarative ambitions,” Zhou said.

In a sign the Taliban is aware of the Chinese lackadaisical performance, the Taliban spokesperson said that under the Amu Darya contract, “if the said company does not fulfil all the materials and items mentioned in the notice within one year, the contract will be automatically terminated.”

Political significance

Nevertheless, the deal has a degree of political significance given the Taliban government’s pariah state status, said Jiayi Zhou, a researcher at SIPRI, an independent conflict research institute based in Sweden, who specialises in China geopolitics. “But it is also not completely surprising: Chinese corporations had been publicly in contact with Taliban over the past year, to renegotiate and restart previous mining and oil contracts settled in 2008 and 2011. This deal is essentially the fruit of those talks,” she said.

Zhou also pointed out that the Taliban have been engaged in negotiations with several other neighbours as well to resume economic cooperation projects.

“Among Afghanistan’s neighbours, broadly, there is consensus that there is no alternative to some form of engagement with the Taliban, if only for reasons of ensuring regional stability and security,” she said, noting that such channels of economic interaction between Afghanistan and its neighbours have remained open. “I would at least in part contextualise Chinese investments as being part of that wider picture,” Zhou added.

Omar Sadr, an Afghan academic and former professor at the American University of Afghanistan, told Al Jazeera that China’s engagement with the Taliban is based more on security rather than economic interests.

“Chinese interest in Afghanistan is driven by two major factors: preventing an entrenchment of the Eastern Turkistan Islamic Movement (ETIM) and the return of the US to the region,” Sadr said.

ETIM is an al-Qaeda-affiliated armed group that has conducted attacks on China in its pursuit of the creation of “East Turkistan” on the Chinese mainland. It is in China’s interests to stabilise the Taliban government, Sadr told Al Jazeera.

“Both of these interests are historically embedded in the Chinese engagement over the last 10 years. Any form of economic interest would be secondary to the security interest,” he added.

China’s renewed interest in Afghanistan came after the fall of the United States-backed Afghan government. Independent Chinese investors were making inroads, albeit weak and flailing attempts, into Taliban-controlled Afghanistan. This latest deal cements China’s presence in the war-ravaged country.

But the true test of the deal will remain to be seen in its implementations, experts say.

“The real win is not in getting the contract or getting the Chinese back on the ground but in how [the Taliban] regulate and implement [contracts and projects], considering the current capacity within the Ministry,” Jumrainy, the industry expert, said, adding that not many details of the deal were made public.

“The question remains on what benefits Afghans will receive; training, technology transfer, revenues from the contract, none of these are known,” he pointed out.

China is also aware of the Taliban’s limitations and, as a result, has not committed much, Sadr added. The investments under the Taliban deal are significantly less than those announced between 2002 and 2021.

“Its state-owned corporations, in particular, will not invest in Afghanistan until it is sure of its security. We should recall the latest attack on Chinese investors in downtown Kabul which prompted China to advise its nationals to leave Afghanistan,” he said, referring to an attack in December 2022 on a Kabul hotel popular with Chinese nationals, for which ISIL (ISIS) claimed responsibility.

SOURCE: AL JAZEERA
Will China’s latest investment in Afghanistan actually work?
read more

Enrollment Drops By 70% in Universities, Educational Centers

The media director of the union, Mohammad Karim Nasiri, said that the number of participants has dropped by 70 percent.

The union of universities and educational centers said that the recent restrictions on female education has severely affected the universities.

The media director of the union, Mohammad Karim Nasiri, said that the number of participants has dropped by 70 percent.

“If we speak generally, enrollment has dropped from 60 to 70 percent in the universities. Prior to this many people were registering,” he said.

Owners of educational centers and universities expressed concerns that if the situation continues like this, they would be forced to close their universities and other educational facilities.

“It has affected our activities because we used to have income from two sources but now we have one source,” said Shir Ali Zarifi, head of the Dawat university.

Saturday, the acting Minister of Higher Education, Mawlawi Mohammad Neda Nadim, in a religious ceremony said they would support the educational sector of the country.

The university instructors believe that banning girls from going to school above grade six and poverty are the main reasons for the drop in enrollment of universities in the country.

“The Islamic Emirate should reopen the universities for the girls and prevent strict policies and allow the students to continue their education,” said Fazal Hadi Wazin, a university instructor.

“If policies that can be trusted are made for the future, the return of students to universities and studies will increase,” said Sayed Jawad Sijadi, a university instructor.

Based on figures of the union, if the restrictions on girls’ access to education are not changed, 40 universities will be forced to close.

Enrollment Drops By 70% in Universities, Educational Centers
read more

The Taliban are digging an enormous canal

The Economist

February 16, 2023

A mega-project in northern Afghanistan risks raising regional tensions
https://www.youtube.com/watch?v=aqgWKMJKQz4Qosh Tepa Canal

Taliban officials have started talking up a new canal under construction in the arid north of Afghanistan. A video recently posted on YouTube shows shiny diggers roaring over sand dunes and workers from different ethnic groups toiling together. The Islamist regime says some 5,500 people are working around the clock on the project, using over 3,300 bits of machinery. Once completed, the Qosh Tepa Canal will divert water from the Amu Darya river for irrigation. The river, once known as the Oxus, rises in Afghanistan and Tajikistan, flows into Uzbekistan and is one of the longest in Central Asia. The Taliban expects the project to turn 550,000 hectares of desert into much-needed farmland.

Amid much terrible news from Afghanistan, including the threatened impoverishment of almost its entire population of 40m, the canal is a prominent test of the Taliban’s ability to govern. “Many people doubt we have the capacity to implement this project,” Abdul Rahman Attash, head of the National Development Corporation, has declared. “We will prove Afghanistan can stand up its economy and implement national projects on its own.”

The jihadists have so far done little of that. Since they retook Afghanistan in August 2021 it has been gripped by an economic crisis, in part due to the imposition of sanctions and evaporation of the international aid on which the country had depended. The World Bank reckons its economy contracted by over 20% in 2021. Exacerbated by a severe drought and an unusually cold winter, the crisis has pushed 20m people into acute hunger.

The project is not new. Plans for a canal in north Afghanistan have been discussed for decades; feasibility studies were carried out under its former American-backed government. Even so, the Taliban’s progress looks impressive. Satellite imagery supplied by Planet Labs, pbc, an American firm, reveals that over 100km of canal has been excavated in the past 10 months.

Speedy work is not necessarily good work, however. Najibullah Sadid, an Afghan engineer based in Germany, worries that the canal is not being lined or covered. In that case, much of its water would be lost to seepage in the region’s dry, sandy soil. Besides, digging a ditch is the easy bit of canal construction. Mr Sadid is sceptical that the Taliban can manage the complex engineering work, including building culverts and bridges, that should come next. “They are in a hurry,” he says.

Funding the canal won’t be easy, either. Afghanistan’s finance ministry suggests it will do so from domestic revenues, which have increased thanks to a crackdown on tax avoidance and corruption. It has little alternative. Foreign donors are not lining up to hand the Taliban money for grand projects while the regime is banning women and girls from public life. Yet the canal’s first phase, covering over 100km of its planned 285km length, is expected to cost 8.2bn afghanis ($91m). That is equivalent to about 8% of the domestic revenues Afghanistan collected in the first eight months of 2022.

This article appeared in the Asia section of the print edition under the headline “Ditch-digging”

The Taliban are digging an enormous canal
read more

Price: US, Pakistan Have ‘Shared Interest’ Against Terrorism in Afghanistan

25 Feb 2023

However, the Islamic Emirate said it considers intl concerns from the territory of Afghanistan baseless.

The US State Department spokesman said that America and Pakistan have a shared interest in ensuring the Islamic Emirate live’s up to the commitments it has made.

Speaking at a press briefing, the US State Department spokesperson, Ned Price, said: “The United States and Pakistan have a shared interest in ensuring the Taliban live up to the commitments that they have made and that terrorist groups that maybe active in Afghanistan like ISISK, TTP, Al Qaeda as you mentioned are no longer able to threaten regional stability.”

However, the Islamic Emirate said it considers international concerns from the territory of Afghanistan baseless, saying that so far the international community, particularly the US, has not fulfilled its commitments.

“Over the past 18 months, no country has suffered harm, and the country is still managed well. One thing that remains is that the sanctions are in place, the responsibilities and obligations of the international community and various foreign countries —but concrete steps are not taken in this regard,” said Bilal Karimi, deputy spokesman of the Islamic Emirate.

According to some political analysts, in order to solve the challenges between Kabul and Washington, the US should keep in contact with the current government of Afghanistan.

“America sees Afghanistan through Pakistan’s eyes, and Pakistan is double-faced with America. It’s good that the Americans communicate with the Afghan government directly to find solutions,” said Hassan Haqyar, a political analyst.

“America should not be worried about these groups, because America itself is the cause of strengthening these groups, America’s concern is wrong and pointless, and it is very political,” said Assadullah Nadim, a military expert.

Among the most important aspects of the Doha Agreement are the non-use of Afghan territory against other nations, the removal of Taliban officials’ names from the UN blacklist, the creation of a government that includes all people, and respect for human rights, including women’s rights. However, in the past 18 months, the US and the Islamic Emirate have accused one another of violating the Doha Agreement.

Price: US, Pakistan Have ‘Shared Interest’ Against Terrorism in Afghanistan
read more

Trade resumes as Pakistan, Afghanistan reopen Torkham crossing

Al Jazeera

25 Feb 2023

The closure of the key transit point between the countries left people and trucks carrying essential supplies stranded.

The Torkham border crossing was reopened as of 6am (0130 GMT) Saturday, Afghan customs official Muslim Khaksar said at the waypoint in Afghanistan’s eastern Nangarhar province, according to AFP news agency. “The border is now open from both sides for civilians as well as for traders,” he said.

The Afghan embassy in Pakistan’s capital, Islamabad, also announced the reopening of the Torkham border on Twitter.

Meanwhile, a Pakistani customs official said “trucks carrying rice, cement, construction material, medicines and other edibles were sent to Afghanistan”, adding that lorries loaded with coal, vegetables and fruits had entered Pakistan, AFP reported.

Around 1,400 trucks on the Pakistan side were still waiting to cross into Afghanistan, he added.

Disputes linked to the 2,600km (1,615-mile) border have been a bone of contention between the neighbours for decades. The Torkham crossing is the main point of transit for travellers and goods between Pakistan and landlocked Afghanistan.

The announcement sparked joy and relief among those who had been waiting for the reopening of the international trade route since Sunday, when the Taliban shuttered it, alleging that Islamabad was denying Afghan migrants entry into Pakistan for medical care.

Last Monday, Afghan Taliban forces and Pakistani border guards exchanged fire, wounding a Pakistani soldier. Since then, officials from the two sides were in talks to resolve the issue amid demands from people on both sides to immediately reopen the crossing.

After the visit, the crossing was briefly reopened by the Afghan Taliban to allow some of the thousands of trucks that had lined up for days at the border – many with vegetables, fruits and other perishable food items – to cross and ease the backlog.

But Pakistan shut the border on Thursday, saying it needed an explanation from the Afghan side about the abrupt closure on Sunday.

Pakistani and Taliban officials on Friday held talks and finally agreed to reopen the crossing.

On Saturday, Ziaul Haq Sarhadi, a director of the Pakistan-Afghanistan Joint Chamber of Commerce and Industry, said: “We are happy to confirm that Torkham is fully open for trade and movement of people.”

Meanwhile, the Pakistani government has accused the Taliban of sheltering armed attackers belonging to the outlawed Tehreek-e-Taliban Pakistan (TTP), also sometimes referred to as the Pakistan Taliban. The Afghan Taliban has rejected the accusation.

In recent months, the TTP has been blamed for a spike in violent attacks across Pakistan, killing dozens of people.

The TTP is a separate armed group allied with the Taliban in Afghanistan. It has been waging a rebellion against the state of Pakistan for more than a decade.

SOURCE: NEWS AGENCIES
Trade resumes as Pakistan, Afghanistan reopen Torkham crossing
read more

Norwegian Institute Reports on Climate Change in Afghanistan

The report also said that the poverty was estimated to have impacted up to 97 per cent of the population in mid-2022.

The Norwegian Institute of International Affairs (NUPI) released a report in which it highlighted the climate change effects coupled with the legacy of four decades of war, a complex humanitarian emergency and an economic crisis since the “Taliban’s takeover of the government in August 2021.”

The report also said that the poverty was estimated to have impacted up to 97 per cent of the population in mid-2022.

“Climate-related extreme weather events and natural hazards threaten Afghan livelihoods, increase poverty and food insecurity, and erode the resilience of communities, households and individuals,” the report cited.

This comes as the Ministry of Economy (MoE) said that there is a need for investment in infrastructural projects to improve the economic situation in the country.

“The path to overcome the economic challenges is to bring the economic and development aid in focus, so that we will be able to build the infrastructure and access underground resources of Afghanistan,” said Abdul Latif Nazari, deputy Minister of Economy.

This comes as Kabul residents called the lack of job opportunities the main reason for the rise in poverty in the country.

“We used to earn between 200 to 300 (Afs) but now there is no work,” said Ahmad, a resident of Kabul.

The economists believe that the development aid needs to be increased in a bid to provide job opportunities for citizens.

“To reduce poverty in Afghanistan, there should be investment on agriculture and human resources and also there should be good management to reduce the dangerous issues that affects the people and causes a rise in poverty,” said Seyar Qureshi, an economist.

Meanwhile, some residents of Kabul called on the organization to increase their aid to Afghanistan.

“Around us, there has been no aid. There are many poor people and widows who have nothing,” said Nahida, a resident of Kabul.

After the Islamic Emirate ordered a ban on work of female employees at NGOs, many humanitarian organizations have either halted or reduced their activities, saying that women contribute 30 percent of their workforce—and their role is important in providing aid to vulnerable people.

Norwegian Institute Reports on Climate Change in Afghanistan
read more

Report says donors ‘turning away’ from Taliban-ruled Afghanistan

By

Published On 23 Feb 2023

A new report by the International Crisis Group warns against international donors cutting aid to Afghanistan in the wake of the Taliban’s curbs on women’s education and ability to work at NGOs, instead arguing for Western countries to find a “liminal space between pariah and legitimate status” to respond to the ongoing humanitarian crisis.

The report, released on Thursday, focused primarily on two Taliban edicts announced in December – the first suspending female education at private and public universities, and the second banning Afghan women from working at local and international NGOs. The moves led to protests and global condemnation, while sounding a possible death knell for the Taliban’s initial openness to engage with the international community following its takeover of the country in August 2021.

Accompanying the Taliban’s clampdown has been a reassessment of international aid from key international government donors, according to the report’s authors. That aid, despite being immediately paused in the wake of the group’s rise to power, had resumed amid concerns over widespread hunger and poverty in the country of about 40 million.

“Donors are turning away from Afghanistan, disgusted by the Taliban’s restrictions on women’s basic freedoms,” Graeme Smith, Crisis Group’s Senior Consultant on Afghanistan, said in a statement accompanying the report.

“However, cutting aid to send a message about women’s rights will only make the situation worse for all Afghans,” he added. “The most principled response to the Taliban’s misogyny would be finding ways to mitigate the harms inflicted on women and other vulnerable groups.”

The report – which drew on dozens of interviews with “Afghan and international women activists, current and former Afghan officials, teachers, students, aid workers, human rights defenders, development officials, diplomats, business leaders and other interlocutors” – noted Western governments in the second half of 2022 warned aid agencies of a growing sense of donor fatigue towards Afghanistan. It did not name the governments to which it referred.

The authors further warned that following the most recent rights rollbacks, “many Western politicians fear voters will not accept the idea of their taxes helping a country ruled by an odious regime,” while adding that “consultations in January 2023 among major donors produced initial thinking that aid should be trimmed back to send a message to the Taliban, although the governments involved did not agree on which budgets to cut”.

Again, the report did not name the countries in question.

The United Nations, which has already had to roll back some aid operations in the wake of the ban on NGO workers, has appealed for $4.6bn to aid Afghanistan. The sum is the largest request for a single country ever. The UN has warned that 28 million people are in need of humanitarian aid, accounting for two-thirds of the country’s population.

But Crisis Group warned that “Western governments seemed poised to fall significantly short” of that appeal.

The report authors added that options discussed in the wake of the December edict have included “deepening sanctions, cutting aid or levying other forms of punishment in response”.

They noted that the G7 grouping of the world’s most wealthy countries had said there would be “consequences for how our countries engage with the Taliban” in the wake of the December edicts. The grouping had provided $3bn in humanitarian funding for Afghanistan in 2022, the report noted.

In the United States, which imposed a raft of new sanctions on the Taliban in October over their treatment of women, Secretary of State Antony Blinken said: “There are going to be costs if this is not reversed”.

The report’s authors argued any approach that included short-term cuts to aid in the hopes of undermining the Taliban’s authority would further harm those targeted by the Taliban’s recent moves.

“Testing such assumptions would involve a high-stakes gamble with potentially millions of human lives. Win or lose, the costs of taking the gamble would be paid in large part by Afghan women, as the burdens of the crisis fall disproportionately on them,” the report said.

Change of approach

Instead, Crisis Group argued that continuing to offer humanitarian aid, while supporting longer-term development aid, would address the population’s immediate needs, while undermining the “Taliban’s overheated rhetoric about a titanic clash between Islam and the West”.

The authors further cautioned against expecting outside pressure to change the Taliban’s approach, highlighting the opaque nature of the group’s decision-making. They noted its reclusive leader, Hibatullah Akhundzada, has appeared to insist on the strict measures out of “personal conviction and to assert his authority over the movement and the country”.

“As the world considers its options, the idea of coaxing the Taliban into behaving like an internationally acceptable government should be set aside for the moment,” the report said.

There is little room for opposing views within the Taliban leadership, it added, and influence from outside Muslim figures has proven ineffective as “the Taliban’s policies are drawn not only from their atypical interpretation of Islam, but also from aspects of local culture”.

Meanwhile, political talks with the Taliban aimed at creating a “roadmap” to normalisation have all but stalled. It also remains unclear how much money the group may be earning from narcotics and other forms of smuggling, bringing into question how much sanctions will actually affect the upper echelons of leadership.

“Western policymakers must stand up for Afghan women and girls. At the same time, they should be careful to avoid self-defeating policies,” the report concluded.

The authors added: “The Taliban should find a better way of making decisions, instead of following the whims of a leader who has proven his determination to oppress women and block the rebuilding of his country. Until that happens, the future of Afghanistan looks bleak.”

SOURCE: AL JAZEERA
Report says donors ‘turning away’ from Taliban-ruled Afghanistan
read more

Judge Rejects Bid by Sept. 11 Families to Seize Frozen Afghan Central Bank Funds

The New York Times

A lawyer for the lead group of victim relatives who had sought $3.5 billion in frozen assets said they would appeal.

WASHINGTON — A federal judge in New York on Tuesday rejected the effort by relatives of victims of the Sept. 11 attacks to seize $3.5 billion in frozen Afghan central bank funds to pay off judgment debts owed by the Taliban, dealing a sharp blow to a high-stakes bid to compensate the families for their losses in the worst terrorist attack in American history.

In a 30-page opinion, Judge George B. Daniels of the Southern District of New York ruled that federal courts lacked legal jurisdiction to seize the funds. He also said that awarding them to the families would be unconstitutional because it would mean effectively recognizing the militants as the legitimate government of Afghanistan.

The Sept. 11 families and insurance companies “are entitled to collect on their default judgments and be made whole for the worst terrorist attack in our nation’s history, but they cannot do so with the funds of the central bank of Afghanistan,” Judge Daniels wrote.

Under federal law and the Constitution, he added, “the Taliban — not the former Islamic Republic of Afghanistan or the Afghan people — must pay for the Taliban’s liability in the 9/11 attacks.”

The ruling by Judge Daniels adopted the recommendation of a magistrate judge, Sarah Netburn, who analyzed the matter in a report last August that also found that the families were not entitled to the funds. But it left the decision to him.

Judge Daniels’s opinion was the first definitive ruling in a complex saga at the intersection of foreign policy, international economics, counterterrorism and domestic politics, a situation arising from a country being seized by a terrorist organization and left without a government that is recognized as legitimate.

“This decision deprives over 10,000 members of the 9/11 community of their right to collect compensation from the Taliban, a terrorist group which was found liable for the 9/11 attacks on America,” Mr. Wolosky said.

When the government of Afghanistan collapsed as the Taliban took over in August 2021, there was about $7 billion in Afghan central bank funds deposited at the Federal Reserve Bank of New York. A group of Sept. 11 families that years earlier had sued the Taliban for their losses, winning a default judgment when the militants failed to show up in court, then moved to seize the funds to pay off the judgment debt.

Last February, President Biden froze the funds, reserving about half to be spent on helping the Afghan people while leaving the remaining $3.5 billion for the families to keep going after in court.

It is not clear what will happen to the $3.5 billion the president set aside for the families to keep pursuing if their appeals ultimately fail. One possibility is that Mr. Biden or a successor could use executive power to add it to the half he set aside for Afghans and which is now controlled by a special fund in Switzerland.

The effort by the initial group of Sept. 11 families — known as the Havlish plaintiffs and represented by Mr. Wolosky’s law firm — to seize the money was disputed for several reasons.

Other plaintiff groups of Sept. 11 families sought an equal share in any proceeds, but under New York law the Havlish group, made up of about 150 people linked to 47 estates from the nearly 3,000 people killed, could get paid in full first. Ultimately, the Havlish group negotiated a deal with other groups in which they would receive a lesser share in exchange for their support.

Another faction of relatives, however, joined exiled Afghans, among others, in urging the court to reject giving any of the money to Sept. 11 families. It belonged to the Afghan people, they argued, and should go toward helping them during a humanitarian crisis caused by the collapse of the country’s economy.

Agreeing with Judge Netburn’s earlier report and recommendation, Judge Daniels expressed sympathy for both the families and the people of Afghanistan suffering anew at the hands of the Taliban. But he said the law precluded the court from awarding any of the Afghan central bank funds to the Sept. 11 plaintiffs to pay the Taliban’s debts.

For one thing, he wrote, because the Afghan central bank — known as Da Afghanistan Bank, or DAB — is an instrument of a foreign state, American courts lack jurisdiction to seize its property under the Foreign Sovereign Immunities Act.

While another law called the Terrorism Risk Insurance Act can make an exception to that rule when there is a judgment against a state sponsor of terrorism, he wrote, the Sept. 11 families hold judgments against the Taliban, not the sovereign nation of Afghanistan. Moreover, he noted, Afghanistan has never been designated a state sponsor of terrorism.

Even if he was wrong about that and the court did have jurisdiction over the bank and its assets, Judge Daniels wrote, the Constitution prevented him from making the necessary finding that the bank is an “agency or instrumentality” of the Taliban.

“Finding that the Taliban controls DAB or can use DAB to advance its goals implies that the Taliban is Afghanistan’s government,” he wrote. “The Constitution vests this authority to recognize governments in the executive branch alone.”

Judge Rejects Bid by Sept. 11 Families to Seize Frozen Afghan Central Bank Funds
read more

Pakistan defense minister in Kabul over shut border crossing

By MUNIR AHED and RAHIM FAIEZ

Associated Press
22 Feb 2023

ISLAMABAD (AP) — Pakistan’s defense minister was in Afghanistan on Wednesday, meeting with officials there in an effort to resolve this week’s closure by the Taliban administration of a key border crossing between the two neighboring countries, officials said.

Defense Minister Khawaja Mohammad Asif’s trip to Kabul and his meeting with Mullah Abdul Ghani Baradar, the Taliban-appointed deputy prime minister for economic affairs, comes as tensions have increased between Afghanistan and Pakistan in recent months.

Taliban security forces on Sunday closed the Torkham border crossing with Pakistan and on Monday traded fire with Pakistani border guards. The exchange wounded a Pakistani soldier. The border crossing has since remained shut, hampering trade on both sides of the troubled boundary.

The Taliban government in Kabul said Torkham was closed because of Pakistan’s alleged refusal to allow Afghan patients and their caretakers to enter Pakistan for medical care without travel documents.

For Pakistan, the crossing is a vital commercial artery and a trade route to Central Asian countries. But Islamabad has also accused the Afghan Taliban of providing sanctuary for Pakistani militants whose cross-border attacks into Pakistan have led to a spike in violence in the region. Since Sunday’s closure of Torkham, more than 6,000 trucks with goods, including vegetables, fruit and other perishable food items, have been stuck on the Pakistani side of the border.

Pakistan’s Foreign Ministry confirmed Asif was in Kabul, saying only that he was there to discuss security-related matters, including counter-terrorism measures. Two Pakistani security officials, speaking on condition of anonymity to discuss border issues, told The Associated Press that Torkham’s closure was top of the agenda.

In Kabul, a statement issued by Baradar’s office about Asif’s visit said the two sides discussed the current situation at the crossing.

According to the statement, Baradar told the Pakistani delegation that “necessary facilities should be provided for all passengers” at Torkham and also at Spin Boldak, another trade route located to the south, across from Chaman in Pakistan’s restive southwestern Baluchistan province.

Baradar was also quoted as saying “special facilities” should be provided for the transportation of patients needing emergency medical care.

“The Pakistani side assured the Islamic Emirate of Afghanistan that it would resolve solving the mentioned issues and … work quickly on this matter,” the statement said. Baradar also stressed it was important “to separate commercial and economic issues from political and security issues so that it does not become prey to politics.”

Meanwhile, Ziaul Haq Sarhadi, a director at the Pakistan-Afghanistan joint Chamber of Commerce and Industry, deplored the traffic halt at Torkham.

“Miles after miles you can see trucks loaded with various items, and the drivers are waiting for the reopening of the Torkham border,” he told the AP. He said Afghan traders were also worried as the closure has caused problems on both sides of the border.

Closures, cross-border fire and shootouts are common along the Afghan-Pakistan border. Each side has in the past closed both Torkham and Chaman over various reasons.

The Taliban seized power in Afghanistan in August 2021 as U.S. and NATO troops were withdrawing from the country after 20 years of war. Like the rest of the world, Pakistan has so far not recognized Afghanistan’s Taliban government. The international community has been wary of the Taliban’s harsh measures, imposed since their takeover, especially in restricting the rights of women and minorities.___

Associated Press writer Riaz Khan in Peshawar, Pakistan, contributed to this story.

Pakistan defense minister in Kabul over shut border crossing
read more