Four countries, six years, 7,000 miles: one Afghan family’s journey to the US

The distance from Afghanistan’s south-western province of Nimroz to Iran’s historical city of Yazd is 480 miles (773km). To survive the journey, Zahra Amiri and her family ate snow.

Since the US withdrawal from Afghanistan last August, more than 76,000 Afghans have been resettled as part of the US government operation labeled Allies Welcome. Zahra, 21, and her family are among the newly arrived Afghans, relocating from the cities of Kabul and Nimroz to Yazd and Tehran in Iran, then to Ankara, Turkey, before finally resettling in Denver, Colorado, in February.

Zahra and the rest of this new Afghan community are set to contribute nearly $200m in taxes and $1.4bn to the American economy in their first year of work, according to new data released this month by the International Rescue Committee (IRC).

Since their arrival, more than 41,000 working-age Afghans have been placed into various industries including accommodation and food services, retail trade, manufacturing, transportation and warehousing. This new community of Afghans arriving in the US with a multitude of skills and degrees has the potential to contribute significantly to the American economy, especially as the country grapples with inflation and supply chain issues.

Zahra Amiri’s trek, spanning four countries and more than 7,000 miles, illustrates what these refugees had to endure to begin their new life.

Zahra’s father, who held a government-related job, was killed in a 2014 suicide attack. After her father’s death, Zahra and her four siblings in Kabul had lost not only a parent but also their family’s chief provider – and with that, the sense of peace that he helped shroud them with had been shattered.

Being the eldest, Zahra was suddenly confronted with two options: either forcibly marry a husband who could financially support her or flee.

“I did not want to end up … jobless and uneducated, so I chose to become a refugee,” Zahra told the Guardian.

One day in 2016, Zahra sat down with her mom and revealed her plans to her.

“Let’s move out of here,” she said about Afghanistan, where 65% of all civilian casualties from suicide attacks globally occur and where 57% of girls are married before the age of 16. “We are not in a situation where we can live out our lives in peace in Afghanistan.”

Her mother agreed. That year, Zahra, her mother and her siblings – the youngest of whom was two at the time – journeyed from Kabul to Nimroz, a south-west Afghan province that lies east of Iran. From Nimroz, Zahra and her family traveled to Yazd, one of Iran’s largest cities, with scarcely any food or water, forcing them to eat snow in a desperate attempt to nourish themselves.

Border officials in Yazd turned Zahra and her family away, deporting them back to Nimroz. They tried the trip a second time and finally made it through to Tehran where the next leg of the journey awaited: Ankara, Turkey.

“They would just throw families in each truck,” Zahra said, recalling how she was separated from her family for nearly two weeks on the way from Iran to Turkey before finally reuniting with them in Ankara in March 2016.

In Ankara, Zahra and her family filed for refugee status with the United Nations High Commissioner for Refugees and submitted a visa application to the US. In the six years that it took for her family’s application to be approved by the US government, Zahra completed her high school education while working as a dishwasher and a coffee maker, earning between $1.10 and $1.93 daily.

“It’s not unusual for an application to take that long, especially considering that she applied during [Donald Trump’s presidency] where refugee arrivals were repeatedly cut, where we had things like the travel ban that really damaged the US government’s ability to process refugee applications,” an IRC spokesperson, Stanford Prescott, told the Guardian.

The US government approved Zahra’s family’s visa application early this year. On 2 February, Zahra donned a knitted sweater and pushed two pink quilted suitcases across the terrazzo tiles of the Istanbul airport.

She was finally bound for the United States.

Federal immigration services chose Colorado as the state in which to resettle Zahra’s family. With the IRC’s assistance, Zahra and her family arrived in Denver, initially to stay at a hotel for two months before being relocated to an apartment.

As with many of its refugee clientele, the IRC provided financial literacy classes, job training courses and an interpreter to Zahra and her family. The IRC helped Zahra lock down a job with the airline caterer Sky Chefs about a month and a half ago, building on the skills she had amassed while working in restaurants and kitchens.

At Sky Chefs, Zahra earns $19 an hour as she takes orders, packages them and gives them to customers. She earned a promotion to a manager assistant’s position two weeks ago and now trains new hires.

“I can move up positions here, unlike in Turkey where even when I gave my 100%, I could not move up because I am a woman and because of my refugee status,” she said.

Top job titles held by newly arrived Afghans include general production, warehouse worker, food preparer, driver and security guard, according to data from the IRC.

Typically, Afghan refugees are placed in their first jobs within 126 days of their arrival and earn an average of $16.67 an hour – which amounts to an annual income of $34,673.

“For most of these families, this is their very first job,” the IRC’s director economic empowerment, Erica Bouris, told the Guardian. “They are getting lots of things situated in the first year.

“In a lot of ways, this is very much step one in that much longer process of rebuilding their home, their life and integration into the communities.”

Bouris added: “We see lots of really interesting pathways, whether it’s that they try to pursue a certification so that they can work in a job that’s similar to what they had back home, or they might, as they settle into a new community, see for example that there are a lot of jobs in healthcare in this community and they pay well so they might pursue education and training so that they can move into a healthcare job.

“Each story is really individual, but people absolutely do take steps towards additional education, skills and training and have medium and long-term career goals that they pursue.”

Zahra is currently taking English as a second language (ESL) classes as she prepares to enroll in Aurora University’s dentistry program at the start of next year.

As many Afghans carve out new lives for themselves in the US, many still face the possibility of losing their legal right to reside in the country. The US government allowed them to enter the country in attempts to bring thousands of fleeing Afghans to safety as quickly as possible.

But humanitarian parole lasts only two years. It is not like the US’s refugee resettlement program, where participants have a clear path towards American citizenship.

Afghans on humanitarian parole must seek other paths of obtaining permanent immigration status, such as asylum, at the end of the two-year period in question.

However, without the assistance of specialized lawyers, the Byzantine asylum process is particularly difficult to navigate. Many Afghans who fled their country were also advised to destroy identification documents, professional certifications and other information that could support their asylum claims, further complicating their situation.

Although organizations like the IRC have launched various programs and collaborate with pro-bono lawyers to assist Afghans with their asylum claims, there’s another hurdle: The US Citizenship and Immigration Services (USCIS) is facing its own mounting backlog of asylum applications.

With the pandemic exacerbating processing delays, the USCIS is currently struggling with a backlog of nearly 5.2m cases and 8.5m pending cases. The backlog was significantly lighter – 2.7m cases – in July 2019.

“This year, even though the [Joe Biden White House] set an ambitious goal of [admitting] 125,000 [refugees], they’re only going to admit a fraction of that amount and what that shows is that refugee admission is broken and needs a lot more work so that ambition can be reality,” the IRC’s senior director of resettlement, asylum and integration policy, JC Hendrickson, told the Guardian.

As a result, the IRC has been calling on Congress to pass the Afghan Adjustment Act, a bipartisan bill introduced earlier this month that would provide Afghan refugees with a pathway to lawful permanent residence in the US.

“This bipartisan legislation will provide a pathway to lawful permanent status for certain Afghan civilians, offering them a way out of legal limbo and the looming threat of deportation with great risk to their personal safety,” said Senator Chris Coons of Delaware, a co-sponsor of the bill. “Congress has a track record of passing similar legislation on humanitarian grounds, and we must swiftly do so again.”

Many Afghans remain optimistic as they settle into American society’s fabric and rebuild their lives. To Zahra, being in the US means more than just experiencing upward economic mobility.

“I know I’m new,” she said. “I know at the moment I have no voice, but in the future, I would like to raise my voice and let people know that men and women can work equally.

“If anyone needs help now or in the future, I’m willing to show them a way that they can pursue. I want to let Afghan women know that they can do what a man can do. It’s my dream to let Afghan women know that we are as equal as men.”

Four countries, six years, 7,000 miles: one Afghan family’s journey to the US
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UN Aid Chief Pushes for Restart of Afghanistan Development Aid

More than half of Afghanistan’s 39 million people need humanitarian help and six million are at risk of famine, said Griffiths.

Countries should restart development aid for Afghanistan that was halted a year ago when the Islamic Emirate seized power, the UN aid chief said on Monday, as the US told Russia and China to “put your money where your mouth is.”

Afghanistan has long relied heavily on development aid, which was cut as the international community demanded the Islamic Emirate respect human rights, particularly for girls and women whose access to work and school has been limited by the interim government.

“Poverty is deepening, the population is still growing, and the de facto authorities have no budget to invest in their own future. It’s clear to us that some development support needs to be restarted,” UN aid chief Martin Griffiths told the UN Security Council.

More than half of Afghanistan’s 39 million people need humanitarian help and six million are at risk of famine, said Griffiths. More than a million children are “estimated to be suffering from the most severe, life-threatening form of malnutrition” and could die without proper treatment, he said.

“Afghanistan’s de facto authorities must also do their part. Bureaucratic interferences and procedures slow down humanitarian assistance when it is needed most. Female humanitarian aid workers … must be allowed to work unhindered and securely. And girls must be allowed to continue their education,” he said.

The Islamic Emirate has not been formally recognized by any foreign governments and is still subjected to international sanctions, which the United Nations and aid groups say are now hindering humanitarian operations in Afghanistan.

‘PUT YOUR MONEY WHERE YOUR MOUTH IS’

International banks are wary of breaching sanctions and the United Nations and aid groups have been struggling to get enough money into the country over the past year.

“Humanitarians have brought in over $1 billion in cash to sustain program delivery, but the liquidity and banking crisis continues to impact delivery of assistance and on the daily lives of Afghans,” Griffiths said.

The United Nations has been trying to kickstart a system – described as a Humanitarian Exchange Facility (HEF) – to swap millions of aid dollars for Afghan currency in a plan to stem aid and economic crises and bypass Islamic Emirate leaders.

Griffiths said this plan was “still under deliberation” with the Islamic Emirate.

Billions of dollars in Afghan central bank reserves, held mainly in the United States, have also been frozen by foreign governments to prevent it from falling into Islamic Emirate hands. Russia and China have called for those funds to be released.

US Ambassador to the United Nations, Linda Thomas-Greenfield, said: “No country that is serious about containing terrorism in Afghanistan would advocate to give the Taliban instantaneous, unconditional access to billions in assets.”

The Afghan central bank “was hollowed out long ago” and cannot currently conduct responsible monetary policy, she said, citing a lack of credible systems to combat money laundering and the financing of terrorism.

Thomas-Greenfield said the United States was the top aid donor to Afghanistan and called out Russia and China: “If you want to talk about how Afghanistan needs help, that’s fine. But we humbly suggest you put your money where your mouth is.”

Russia and China dismissed her remarks.

UN Aid Chief Pushes for Restart of Afghanistan Development Aid
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TOLOnews Interview With UK’s General Sir Nick Carter

According to Carter, not inviting the Taliban to the Bonn meeting in 2001 was a failure.

General Sir Nick Carter, the former Chief of the Defense Staff of the United Kingdom, believes that interaction with Afghanistan’s current government is necessary.

In a special interview with TOLOnews, Carter stressed that the Islamic Emirate has a chance to be recognized by the international community if they form an inclusive government and uphold human rights.

“Engaging with the Taliban means we must try to encourage the moderate elements in the Taliban to think differently and to think about how they can create an inclusive government and to create a government in a way that is genuinely consistent and predictable, and this means that those Afghans who want to lead normal lives are able to lead normal lives. I think it is important,” he said.

“They need to govern inclusively to the benefit of all Afghans, and if they do that there is reasonable chance that many Afghans…who have left Afghanistan over the course of the last year might return to the country which will be very good for the country,” Carter added.

According to Carter, not inviting the Taliban to the Bonn meeting in 2001 was a failure.

“It was obviously a failure to exclude the Taliban from the Bonn agreements and not to continue a dialogue with the Taliban which could have led to an inclusive government,” he said.

Since the Islamic Emirate took over, more than a year has passed, but no country has officially recognized it.

TOLOnews Interview With UK’s General Sir Nick Carter
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Afghanistan reels from deadly flash floods and landslides

Al Jazeera

Martin Griffiths said donors should immediately provide Afghanistan with $770m to survive the coming colder months.

Several provinces across the eastern, central, southern and western regions of Afghanistan have been hit by heavy rains, resulting in flash floods and landslides that have caused the deaths of more than 180 people, displaced at least 8,000 others and damaged at least 3,000 houses.

According to the United Nations Office for the Coordination of Humanitarian Affairs, the provinces of Kunar, Laghman, Logar, Wardak, Nangarhar, Nuristan, Paktia and Parwan have been the hardest hit.

The UN OCHA – in its latest update – said that in this month alone, at least 118 people died due to flash floods. Several provinces of Afghanistan have faced heavy rains and floods in recent weeks. At least 20 people have been killed and 30 others injured in Logar province.

Afghanistan has been reeling from natural disasters this year, including a drought and a devastating earthquake that killed more than 1,000 people in June. The nation has been largely cut off from the international financial system since the Taliban took over a year ago.

Mullah Sharafuddin Muslim, deputy minister of state for disaster management of the Taliban government, told reporters that the floods have caused major loss of life and assets.

Speaking at a news conference on August 27, Mullah Abdul Latif Mansour, acting minister of energy and water, said that “750 cisterns, 329 small dams, and 441 major water channels were damaged in recent flooding across the country.”

The acting minister of agriculture, irrigation and livestock, Mullah Ataullah Omari, said almost 600,000 acres (24,281 hectares) of land remains flooded and “cannot be used”. The Taliban officials said that the country is currently experiencing a “humanitarian crisis” and appealed for more international aid.

Feroz Khan, resident of Khoshi district in Logar province, told Al Jazeera that four days ago he was at home with his family when the floods hit.

“We were just having lunch when the flood struck. We were helpless and did not know what to do. The walls of my house crumbled, and water poured in my home, and took away our things,” he said.

“We forgot everything and just tried to run out and save our lives,” he said, adding that the deluge swept away livestock as well.

A day later, they managed to find shelter at their relatives’ home. “Our mud house is unlivable, and we don’t know when we will manage to go back, if at all,” he said.

Meanwhile, on Monday, the UN humanitarian chief urged donors to restore funding for development in Afghanistan that was frozen when the Taliban took last August, warning that six million people were at risk of famine.

Martin Griffiths told the United Nations Security Council that Afghanistan faced multiple crises – humanitarian, economic, climate, hunger and financial – and that donors should immediately provide $770m to help Afghans survive the coming colder months.

Conflict, poverty, climate shocks and food insecurity “have long been a sad reality” in Afghanistan, but he said what makes the current situation “so critical” is the halt to large-scale development aid.

“Poverty is deepening, the population is still growing, and the de facto authorities have no budget to invest in their own future. It is clear to us that some development support needs to be restarted,” Griffiths said.

More than half of Afghanistan’s 39 million people need humanitarian help and six million are at risk of famine. More than a million children are “estimated to be suffering from the most severe, life-threatening form of malnutrition” and could die without proper treatment, he said.

The Taliban has not been formally recognised by any foreign governments and is still subjected to international sanctions, which the UN and aid groups say are now hindering humanitarian operations in the country.

SOURCE: AL JAZEERA
Afghanistan reels from deadly flash floods and landslides
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‘The Taliban don’t know how to govern’: the Afghan women shaping global policy from exile

Despite the upheaval of the Taliban takeover, the ‘group of six’ are finding ways to tackle the political and humanitarian crisis

It has been described as Afghanistan’s brain drain, after the Taliban’s return to power last year precipitated an exodus of politicians, academics and journalists who fled in anticipation of reprisals and censorship under the militant group’s draconian regime.

For a small group of Afghan women, however, the work of running the country has not stopped, even in exile.

Fawzia Koofi is a former member of Afghanistan’s parliament and was its first female deputy speaker. Despite moving several times since leaving the country in August last year, the 47-year-old has kept talking with her former colleagues and contacts in international governance, working to find solutions to the political and humanitarian crisis in Afghanistan.

“They [the Taliban] don’t know how to govern and they don’t respect the social mosaic of Afghanistan, which makes them more fragile, but is also hurting Afghans,” says Koofi, who has been working in Europe and the US with member states across the UN for the past year. “I don’t believe they will last very long, but I am concerned over the damage they inflict on Afghanistan’s social and political fabric.”

The work of Koofi and fellow Afghan women has helped to fill the gulf that exists between the Taliban, which are operating under severe sanctions and are domestically consumed with an economic crisis and enforcing gender apartheid, and the international community.

“We call them the ‘group of six’,” says Sarah Douglas, of UN Women, referring to a core group of Afghan women who have been instrumental in steering international policy towards their country over the past year. The group also includes Asila Wardak, a former diplomat and one of the founders of the Afghan Women’s Network; Sofia Ramyar, the former executive director of the youth-led organisation Afghans for Progressive Thinking; and the journalist Anisa Shaheed.

Giving an example, Douglas says: “There were negotiations around the mandate renewal of the UN assistance mission in Afghanistan (Unama) – and concerns that the mandate would regress in terms of gender equality and human rights, and that this would be reflected in the budget. But the mandate remained intact, and central member states actually reached out to me and said that the advocacy by these women really made a difference in those negotiations.”

Mariken Bruusgaard Harbitz, part of the permanent mission of Norway to the UN, says: “Norway initiated closed-door dialogues for these women to present their priorities to key member states at a critical time. During the process of renewing Unama’s mandate, these women came with clear expectations to the wording of the mandate, which in turn contributed to a strong monitoring and reporting mechanism for Unama on the ground.”

Mariam Safi, director of the Afghan Organisation for Policy Research and Development Studies, has not allowed the chaos and shock of the last year to stop her continuing her work from Canada, collecting crucial data from Afghanistan, specifically from women. After a brief hiatus, Safi improvised and restarted her work a few months ago through a digital platform, with female researchers across Canada and Afghanistan working from home.

One of their key projects, called Bishnaw, which means “listen” in Dari, continues to hold surveys with women across Afghanistan. “There’s a narrative [in the media] right now that says Afghans are predominantly concerned with the humanitarian crisis,” says Safi. “But our data from women across nine provinces shows that right after that, women are most concerned about women’s rights and closure of girls’ schools.”

Bishnaw’s surveys have also revealed a pattern of women being excluded from receiving international aid. “Of about 295 women, 163 told us that no women in their household had access to aid, contrary to the Taliban claims that women-led households were being provided aid. Only about five women out of 532 surveyed said all women have access at all.”

“Such data can actually provide [the international community] with a lot more leverage in their discussions with the Taliban,” she says. “In every meeting they are always asking, ‘What do Afghans want? What do women want? What are their concerns?’ We want to be able to provide data to answer those questions,” she says.

Naheed Farid, one of the youngest Afghan parliamentarians when she was elected at 27, describes her work with the group of six as reviving her sense of mission after she left Kabul for the US last year. “I had lost all hope after the Taliban takeover. But watching Afghan women and youth marching across Kabul, Herat, Mazar-i-Sharif and Jalalabad demanding for their rights gave me the strength to reignite my advocacy,” she says.

Douglas says there is a danger of international focus drifting away from Afghanistan without the efforts of these women and others like them. “My assessment is that they are being extremely bold because they want to keep the momentum and the visibility, and the issue of Afghan women, high on the agenda. And especially with the situation in Ukraine, they’re very concerned that the international community is forgetting about that.”

One member state whom she highlights for their continued commitment to working with the group is Ireland. Their outgoing ambassador to the UN, Geraldine Byrne Nason, says: “With my team, I meet with them on roughly a monthly basis. We cover the latest developments in Afghanistan as they affect ordinary people, and women in particular. I keep them abreast of developments at the UN and in particular, at the security council. I seek their views on the issues of the day as they relate to the council’s work on Afghanistan. We exchange views on how to use our respective leverage to make a difference.”

“Discussions of and decisions on peace and security in a conference room in midtown Manhattan can only be effective if they are informed by the voices of those directly impacted,” says Byrne.

‘The Taliban don’t know how to govern’: the Afghan women shaping global policy from exile
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Judge Recommends Rejecting Bid by Sept. 11 Families to Seize Frozen Afghan Funds

By Charlie Savage

The New York Times

Aug. 27, 2022

A federal judge said the Afghan central bank’s assets could not legally be used to pay off judgment debts owed by the Taliban to relatives of victims of the 2001 terrorist attacks.

WASHINGTON — A federal magistrate judge has recommended rejecting 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 — in part because doing so, she said, would effectively recognize the Taliban as the legitimate government of Afghanistan.

“The Taliban’s victims have fought for years for justice, accountability and compensation,” the judge, Sarah Netburn, wrote. “They are entitled to no less. But the law limits what compensation the court may authorize.” Those limits, she added, placed the Afghanistan central bank’s assets beyond the court’s reach.

The 43-page report and recommendation by Judge Netburn, issued on Friday, is the latest twist in a case arising from the extraordinary circumstance of a country seized by a terrorist organization that is not recognized as its legitimate government. The case has raised novel legal issues that touch on matters of foreign policy, international finance, counterterrorism and domestic politics.

The $3.5 billion in question is part of about $7 billion in Afghan central bank funds that had been deposited at the Federal Reserve Bank of New York before the Taliban took control of the country last year. In 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 Sept. 11 victims’ families to go after in court.

The recommendation by Judge Netburn is not a final decision. A Federal District Court judge for the Southern District of New York, George B. Daniels, is supervising the litigation and has the authority to issue a ruling that disagrees with Judge Netburn’s legal analysis. And if he instead rules in accordance with her recommendation, the victims’ families could file an appeal.

Fiona Havlish, the named plaintiff in the lead group of Sept. 11 victims’ relatives who are trying to seize the funds, said that she respectfully disagreed with Judge Netburn’s conclusion that they were not entitled to the funds belonging to the Afghan central bank, known as Da Afghanistan Bank, or DAB.

“It is clear that the president wished to make these funds available to victims of terrorist attacks for which the Taliban was found liable, that the court has jurisdiction and that the Taliban controls DAB,” she said in a statement.

But Leila Murphy, a steering committee member for Sept. 11 Families for Peaceful Tomorrows, a group of victims’ relatives who oppose trying to seize the Afghan bank funds, praised Judge Netburn’s analysis.

“As the daughter of a 9/11 victim, it makes me sick to think that Afghan victims of atrocity are being deprived of necessary resources during a time of great need,” Ms. Murphy said in a statement. “I am relieved that the judge has taken a step toward the only legally and morally correct approach — making the entire $7 billion available to Afghans to deal with the economic crisis we helped to cause.”

It is not clear what would happen to the $3.5 billion if the efforts by the Sept. 11 victims’ relatives to seize it fail. The American government does not want to send money to Afghanistan if there is a risk it will fall into Taliban hands. It is therefore possible that some or all of the funds could simply remain frozen for years, awaiting a change of circumstances in Afghanistan.

The complex saga traces back to lawsuits filed years ago by family members of victims of the Sept. 11 attacks seeking billions of dollars from a range of defendants they held responsible for their losses, including Al Qaeda and the Taliban. When such defendants failed to show up in court, judges declared them liable by default.

But with no way to collect damages, the rulings seemed like symbolic gestures until last year, when the Taliban took control of Afghanistan. As part of the fallout, the New York Fed blocked access to an account for the Afghan central bank holding about $7 billion.

The Havlish plaintiffs — about 150 people, linked to 47 estates of the nearly 3,000 people killed — moved to seize some of that money to pay off the Taliban’s judgment debt to them.

Eventually, the Havlish plaintiffs struck a deal to divide up any recovered funds with several other groups of Sept. 11 plaintiffs and with insurance companies that had losses from the attacks. That deal would give the Havlish plaintiffs, who were first in line under New York law, a greater share in any proceeds than the plaintiffs in other groups.

That arrangement has been a matter of dispute among victims’ relatives. Some opposed the deal as unfair, on the argument that everyone should get the same amount. Others joined outside voices — including exiled Afghans — who urged the court to reject giving any of the money to Sept. 11 families, saying it belonged to the Afghan people and should be spent on helping them at a time of a humanitarian crisis and mass starvation caused by the collapse of the country’s economy.

Against that backdrop, Judge Netburn concluded that as a matter of law, none of the Sept. 11 victims’ relatives or the affected insurance companies were entitled to seize the frozen Afghan central bank funds. She laid out three independent legal rationales for why Judge Daniels should dismiss their requests.

First, she wrote, the court lacks jurisdiction over the Afghan central bank because it is an instrument of a foreign government and thus has sovereign immunity. While Congress has enacted a law that made a narrow exception to sovereign immunity allowing lawsuits against state sponsors of terrorism, Afghanistan has not been designated as such, and the Sept. 11 victims’ families did not sue the state of Afghanistan itself.

Second, she said, any ruling that the central bank’s assets can be used to pay off the Taliban’s judgment debts would amount to ruling that the Taliban are the legitimate government of Afghanistan. But Mr. Biden has not recognized the Taliban as Afghanistan’s government, and courts lack constitutional authority to do so on their own.

“The Constitution vests the president with the sole power to recognize foreign governments,” Judge Netburn wrote. “Courts may not extend such recognition either directly or by implication. Yet such recognition would be inescapably implied if this court found that the DAB is being controlled and used by the Taliban such that the Taliban may use DAB’s assets (ultimately the assets of the sovereign state of Afghanistan) to pay its legal bills.”

Finally, she wrote, even if both of those arguments were wrong, under the law, the bank must count as an “agency” of the Taliban, which she said means it must have willingly worked with the group. But the Taliban have seized control of the bank — and imposed their own leaders atop it — by force.

“The court must determine whether a bank robber can transform an unwilling bank into his agency or instrumentality,” she wrote. “The answer must be no.”

Judge Recommends Rejecting Bid by Sept. 11 Families to Seize Frozen Afghan Funds
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Ashraf Ghani Says His Staying Would Not Have Saved the Republic

Ghani claims that his personal assets were looted in Afghanistan.

Former President Mohammad Ashraf Ghani in an interview with PBS said he will not return “under the Taliban rule,” but he will return as an “Afghan citizen to an Afghanistan where every Afghan feels a sense of belonging.” 

“I will not return under the Taliban rule, but I’d be delighted to return as an Afghan citizen to an Afghanistan where every Afghan feels a sense of belonging, where Afghan women, Afghan youth, and Afghan poor become stakeholders, and, finally, we get the stability that has been denied to us,” said Mohammad Ashraf Ghani, former Afghan president.

“I left as the last person in the chain of command…because our forces could no longer sustain,” Ghani said, speaking via videoconference from the United Arab Emirates. “I had no one to fight with me …  it was not a situation where sacrificing myself would have saved the republic. On the contrary, it would have created another trauma and we have had enough of trauma in our history.”

Ghani claims that his personal assets were looted in Afghanistan.

“I have declared $5 million in my declaration of assets in 2014. I don’t know how much was left. But my personal assets were looted. I did not leave with anything, because — and I don’t have any assets abroad,” Former Afghan President Ashraf Ghani told PBS.

The former president said that Afghanistan was the grounds for a proxy war between the United States and almost every other major power from Russia to Iran and others

“Second, Afghanistan became the ground for a proxy war between the United States and almost every other major power from Russia to Iran and others. And related to this is the loss of logistical support. In the end of 2020, there were about 20,000 contractors, and they were withdrawn to less than 100 in July,” said Ashraf Ghani, former Afghanistan president.

Meanwhile, some critics hold that the escape of Ashraf Ghani and his cabinet was the main reason for the collapse of the last government in the country.

Ashraf Ghani Says His Staying Would Not Have Saved the Republic
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Faiq: UNSC to Hold Meeting on Afghanistan on Monday

According to Faiq, this meeting will be held at Russia’s request and will cover the humanitarian and economic situations in Afghanistan.

Naseer Ahmad Faiq, Chargé d’Affaires of the Afghanistan Permanent Mission to the UN, said that the United Nations Security Council (UNSC) is scheduled to hold a briefing meeting on Afghanistan on Monday.

According to Faiq, this meeting will be held at Russia’s request and will cover the humanitarian and economic situations in Afghanistan.

“On Monday, the United Nations Security Council will hold a briefing on the humanitarian and economic situation in Afghanistan,” Faiq told TOLOnews.

However, political analysts said that the current problems in Afghanistan should be discussed in depth in such meetings.

“It’s an extraordinary meeting, and the agenda is highly useful and vital, including the current requirements of Afghanistan in terms of economics and human issues, as well as the intervention of America and NATO,” said Aziz Marij, former diplomat.

“Russia also wants to expose the unfavorable policies that the US has imposed on Afghanistan in the United Nations and bring attention to it,” said Wahid Faqiri, international relations expert.

Meanwhile, the Islamic Emirate said that it welcomes any meeting that benefits the people of Afghanistan.

“In any meeting that takes place and discusses Afghanistan’s issues in any way, the expectations of the Afghan people are that there should be cooperation with the Afghans and the current government so that the difficulties and problems are solved,” said Bilal Karimi, deputy spokesman of the Islamic Emirate.

Previously, international organizations, including the United Nations, have expressed concern over the situation in Afghanistan and have issued warnings that if this situation is not given significant attention, the range of the problems may increase.

Faiq: UNSC to Hold Meeting on Afghanistan on Monday
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US judge says 9/11 victims not entitled to Afghan bank assets

Al Jazeera

27 August 2022

Seizure of central bank assets would effectively acknowledge the Taliban as the legitimate government of Afghanistan, judge says.

A United States judge has recommended that victims of the September 11, 2001 attacks not be allowed to seize billions of dollars of assets belonging to Afghanistan’s central bank to satisfy court judgements they obtained against the Taliban.

After the Taliban’s takeover of Afghanistan in August 2021, governments and international institutions froze the country’s central bank assets held abroad, totalling about $10bn. About $7bn of that was held in the US and other countries hold about $2bn.

Western governments have refused to recognise the Taliban as the legitimate government of Afghanistan and the money has remained in limbo. Non-recognition of the Taliban government undermines its ownership of the frozen central bank assets.

US Magistrate Judge Sarah Netburn in Manhattan said on Friday that Da Afghanistan Bank (DAB) – the central bank – was immune from jurisdiction. Allowing the seizures of the bank’s assets would effectively acknowledge the Taliban as the legitimate government of Afghanistan, something only the US president can do, the judge said.

“The Taliban’s victims have fought for years for justice, accountability, and compensation. They are entitled to no less,” judge Netburn wrote.

“But the law limits what compensation the court may authorise, and those limits put the DAB’s assets beyond its authority.”

Netburn’s recommendation will be reviewed by US District Judge George Daniels in Manhattan, who also oversees the litigation and can decide whether to accept her recommendation.

Defeat for creditors

Nearly 3,000 people died on September 11, 2001, when planes were flown into New York’s World Trade Center, the Pentagon in northern Virginia, and a Pennsylvania field.

The decision on Friday is a defeat for four groups of creditors that sued a variety of defendants who they held responsible for the September 11 attacks.

Lawyers for the creditor groups did not immediately respond to requests for comment on Friday.

Following the Taliban’s takeover last year, a group of families of about 150 US victims of the September 11 attacks said they were owed some $7bn from the Afghan assets held by the Federal Reserve of New York.

That sum was awarded by a federal judge in 2012 following a default judgement against an array of defendants – including the Taliban, al-Qaeda, Osama bin Laden, and Iran – who did not show up in court.

At the time of the attacks in 2001, the ruling Taliban had allowed al-Qaeda to operate inside Afghanistan.

The Taliban has repeatedly called on the US and other governments and institutions to release the frozen bank funds, saying they were needed to stabilise Afghanistan’s ravaged economy and prevent a humanitarian crisis.

In an executive order in February, US President Joe Biden ordered $3.5bn of the bank’s assets to be set aside “for the benefit of the Afghan people”, leaving victims of the September 11 attacks to pursue the remainder in court.

The US government took no position at the time on whether the creditor groups were entitled to recover funds under the US’s Terrorist Risk Insurance Act of 2002. It did urge judges Netburn and Daniels to view exceptions to sovereign immunity narrowly, citing the risks of interference with the US president’s power to conduct foreign relations, and possible challenges to American property located abroad.

Shawn Van Diver, the head of #AfghanEvac, which helps evacuate and resettle Afghans, said he hoped the frozen funds could be used to help the struggling Afghan economy without enriching the Taliban.

“The judge has done the right thing here,” he said.

US sanctions ban doing financial business with the Taliban, but allow humanitarian support for the Afghan people.

SOURCE: NEWS AGENCIES
US judge says 9/11 victims not entitled to Afghan bank assets
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Pence aide blames Stephen Miller for ‘devastating’ visa system for Afghans

Maureen Groppe

USA TODAY

August 21, 2022

WASHINGTON – A former aide to former Vice President Mike Pence blamed racist views of a top Trump administration official for the inability of many translators and other allies to get out of Afghanistan before the U.S. withdrew troops.

Olivia Troye tweeted that Stephen Miller, a senior adviser to former President Donald Trump, teamed up with “enablers” to undermine anyone trying to get the allies out by “devastating” the special immigrant visa system at the departments of State and Homeland Security.

“Stephen Miller would peddle his racist hysteria about Iraq & Afghanistan,” tweeted Troye. She described Pence as “fully aware” of the problem.

“We all knew the urgency but the resources had been depleted,” tweeted Troye, who was a homeland security, counterterrorism and coronavirus adviser to Pence before leaving the administration in August 2020.

In February 2020, Trump negotiated an agreement with the Taliban to pull U.S. troops out this year.

Miller said in a statement Saturday that “the sole reason that anyone is stranded in Afghanistan is because Joe Biden stranded them there in the single most imbecilic act of strategic incompetence in human history.”

Miller’s wife, Katie, who was Pence’s communications director, tweeted out a report from the nonpartisan Congressional Research Service showing the number of special immigrant visas for Iraqis and Afghans was higher during the Trump administration than during the last four years of the Obama administration.

Troye has been outspoken in her criticism of the administration’s handling of the pandemic and other issues. She’s been accused by other Pence aides of being “disgruntled.”

Pence, in a recent opinion piece in the Wall Street Journal, said the Biden administration’s “disastrous withdrawal from Afghanistan is a foreign policy humiliation unlike anything our country has endured since the Iran hostage crisis.”

Pence said Biden had no plan to “facilitate the regional resettlement of the thousands of Afghan refugees who will now be seeking asylum in the U.S. with little or no vetting.”

State Department spokesman Ned Price this week said the Biden administration inherited a special immigrant visa system that had chronic shortages in staffing, lacked a coordinating official and had a bureaucratic 14-step process that was enshrined in statute.

At Biden’s direction, Price said, the administration added resources and made enough changes to shave more than a year off the average processing time.

The number of visas issued went from 100 in March to 813 visas per week recently, according to Price.

Pence aide blames Stephen Miller for ‘devastating’ visa system for Afghans
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