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    The Forest (Conservation) Amendment Bill 2023: Boost to the Construction of Strategic Infrastructure Pushpita Das April 06, 2023

    The proposed amendments to the Forest Conservation Act of 1980 will allow for speedy completion of infrastructure projects in the border areas.

    The Forest (Conservation) Amendment Bill, 2023 was introduced in the Lok Sabha on 29 March 2023 with the objectives to inter alia ‘clarify the scope of applicability of the Act upon various lands so as to remove ambiguities and bring clarity’ as well as ‘exempt certain categories of lands from the purview of the Act’.1 Certain type of land that shall not be covered under the Act is forest land situated alongside a rail line or a public road maintained by the Government, which provides access to a habitation, or to a rail, and roadside amenity up to a maximum size of 0.10 hectare.

    Most importantly, the forest land that are exempted from the purview of the Act are: i) land situated within 100 km along the international borders, Line of Control, or Line of Actual Control on which construction of strategic linear project for national importance or security are proposed, (ii) land up to 10 hectares proposed to be used for constructing security related infrastructure, or (iii) land proposed to be used for constructing defence related project, camp for paramilitary forces, or public utility projects as specified by central government (not exceeding five hectares in a left wing extremism affected area). These exemptions will be subject to the terms and conditions specified by the central government by guidelines.2

    As is evident, one of the main objectives of the proposed amendment to the Forest Conservation Act of 1980 is to ‘fast track strategic and security related projects of national importance’. The need for proposing the amendments to the Forest Act of 1980 rose from the fact that environmental and forest clearance was the predominant hurdle in building strategic roads and railways along India’s international borders. For example, the Government of India has planned 73 strategic roads along the India-China border (which were to be completed by 2012). But these projects were either delayed or could not be started at all because forest and wildlife clearances from the Ministry of Environment and Forest (MoEF) were either received with much delay or not received at all.

    According to a Border Road Organisation (BRO) official,

    “The biggest stumbling block to develop infrastructure in border areas has been the Forest Conservation Act (FCA) 1980 and the Wildlife Protection Act (WPA) 1972 whose various provisions lead to considerable delay in obtaining permission to construct roads as also impose large financial costs”.3

    As stated, getting environmental and forest clearances are cumbersome and time consuming processes. For instance, the environmental clearance involves four stages: screening of the projects; scoping to determine the terms of reference; public consultations through public hearing or written responses to access impact on local community; and appraisal which entails detailed scrutiny of the proposed project by a committee of experts.  Similarly, forest clearances also have stages for procuring a forest clearance certificate. Stage I requires filling up five forms, viz. User Agency, Divisional Forest Officer (DFO), Chief Conservator of Forest (CCF), Principal Chief Conservator of Forests (PCCF) and the Integrated Regional Office (IRO). After Stage I clearance is acquired, similar five forms have to be filled up again for Stage II clearance.

    Getting the clearance is a long drawn process can be ascertained by the fact that even though the MoEF had reduced the processing time for border roads along the India-China border from 90 days to 30 days at the state government level, and from 60 days to 30 days at the Union government level, and introduced a single window system to eliminate procedural delays, the average time to obtain forest clearance still takes several years. It is reported that at present, more than 60 projects belonging to various BRO projects along the northern borders are awaiting Stage I and Stage II forest clearance from the state and union governments. The maximum projects which are stuck because of delays in the forest clearance are in Arunachal Pradesh followed by Himachal Pradesh. In 2017, 71 road projects in the Northeast of India were awaiting clearance from the MoEF. It is for this reason that the Highway Authority had been urging the Union government to delink forest clearances from environmental clearances.

    Taking heed to this plea, the MOEF on 14 July 2022 published a Gazette Notification in which it announced amendments to the the Environment Impact Assessment Notification of 2006. The amendments allowed exemptions for highway projects related to defence and strategic importance which are constructed up to 100 km from line of control (LoC) or international borders (IB), from the requirement of environmental clearance. The developers of these projects, however, have to adhere to self-compliance of specified standard operating procedure (SOP), as notified by the Union government from time to time.4

    It is important note to note that before the MoEF could give the final clearance, it has to receive environmental and forest clearances from the respective state governments. Here in lies another hurdle. Forest and environmental clearance include various activities such as verification of documents, conducting surveys, onsite/field inspections, raising queries, recommendations, etc. which are manpower intensive. Non-availability of ground staff in revenue and forest departments at the state level coupled with poor coordination among the agencies concerned are largely responsible for delays in obtaining forest and environmental clearances at the state level, where most of the delays happen.

    Added to the problem is the fact that land records are not well maintained, and cadastral surveys are not done in many states. Land being a state subject, the non-cooperation of state governments in allotting land to the BRO also adds to the problem. In some states, land is held by communities or families posing peculiar problems in acquisition of land. Frequent changes made in the pricing of land by the revenue and forest officials also contribute towards enormous delays in land acquisition. It is not only the construction of strategic roads and railways, but also various security infrastructure such as border fences, border out posts (BoPs), border roads, bridges, etc. that are hampered by the delays in forest and environmental clearances. Delays in these clearances not only adversely impacts the construction of roads, railways, bridges but also results in cost escalation of the projects.

    Building strategic infrastructure along India’s international borders is an imperative for the defence and development of the country. Speedy construction of infrastructure in the ecologically sensitive border areas could not take place because of the stringent laws put in place to protect the country’s depleting forest cover and to restore its ecological balance. As a result, forest and environmental clearances became extremely difficult to obtain, even for projects of strategic importance, which adversely affected India’s defence and security preparedness.

    While the environment activists may decry the move as catastrophic, an alternate cue can be taken from the Hon’ble Supreme Court’s pronouncements of 14 December 2021. On that day, the Hon’ble Court  allowed the widening of three strategic highways — Rishikesh to Mana, Rishikesh to Gangotri, and Tanakpur to Pithoragarh (a 900 km Chardham Mahamarg Vikas Pariyojna) stating that the considerations governing the construction of highways that are strategic roads couldn’t be the same as those for other roads in mountainous regions. The Supreme Court noted:

    “We must therefore arrive at a delicate balance of environmental considerations such that they do not impede infrastructural development, specifically in areas of strategic importance crucial to the security of the nation.”5

    Given this context, the proposed amendments to the Forest Conservation Bill of 1980 are a welcome step as it exempts forest land used for defence and security purposes from the purview of this Act. This will allow for speedy implementation of several road and other infrastructure projects, especially in the border areas.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

    Border Roads Organization (BRO) Terrorism & Internal Security https://idsa.in/system/files/forest-bill-2023-b.jpg https://idsa.in/system/files/thumb_image/2015/forest-bill-t.jpg IDSA COMMENT
    The Metastasising ISKP Menace for India Adil Rasheed, Poorna Ghosh April 05, 2023

    The Islamic State of Khorasan Province (ISKP) has claimed responsibility for last year’s botched Coimbatore and Mangalore blasts in an attempt to show its expanding influence, which raises serious concerns for Indian security agencies.

    The Islamic State of Khorasan Province (ISKP) claimed responsibility for the 2022 blasts in Coimbatore and Manguluru. In its e-magazine ‘Voice of Khurasan’ released on 4 March 2023, the ISKP claimed that last year’s car explosion in Coimbatore and the pressure cooker blast in an auto-rickshaw in Mangaluru were carried out by militants affiliated with it.1

    In the Coimbatore blast, suspected bomber Jameesha Mubeen (who had earlier been questioned by NIA in 2019 for alleged terror links) was charred to death after the LPG cylinder in the car he was driving exploded near Kottai Eswaran temple in Coimbatore’s Ukkadam on 23 October 2022. The incident took place around 200 metres from a police patrol.2 An NIA report of 10 November 2022 confirms that Mubeen had in fact earlier given ‘baya’(pledge) to ISIS.3

    Further NIA probe also revealed that Mubeen along with his other jihadist cohorts — led by Umar Farooq, Mohammed Azharuddin, Sheikh Hidayatullah and Sanofar Ali — had held meetings for carrying out terror attacks in the interior regions of Asanoor and Kadambur areas of Sathyamangalam forest in Tamil Nadu’s Erode district in February 2022.4 According to news sources, members of this module were in touch with the Sri Lanka Easter bombings mastermind Maulvi Zahran bin Hashim and were planning to carry out similar strikes in Kerala and Tamil Nadu in 2019.5

    Mohammad Shariq, the main suspect of the Manguluru blast, was also a member of Mubeen’s module. The Manguluru blast took place in an auto-rickshaw on 19 November 2022, when Shariq was trying to park it in a public place. Shariq received serious injuries in the blast. As part of its investigations into the two blasts in Coimbatore and Mangaluru, the NIA conducted raids at 40 locations in Tamil Nadu, Kerala and Karnataka on 15 February 2023.

    It is disturbing to note that the ISKP has escalated its pernicious influence in South Asia, particularly in India. In its February edition of ‘Voice of Khurasan’, ISKP carried a four-page article titled ‘Crackdown on Popular Front of India: Lessons for Indian Muslims’, in which it not only praised the now banned Islamist political organisation, Popular Front of India6 , but even invited its cadres to join ISIS’ ‘black flags’.7 The article makes the claim:

    “We have seen many PFI supporters to join the banner of Tawheed (Islamic concept of ‘monotheism’, which Salafi-jihadists perpetually emphasize) in different parts of the world and many have attained Shahadah”.8

    The statement validates Ministry of Home Affairs (MHA) assertion in 2022 that the PFI had joined ISIS and had taken part in various terrorist activities in Syria, Iraq and Afghanistan.9

    It is important to note here that ISKP’s rise in Afghanistan has increased its activities not only in that country but is becoming a growing threat to other countries of Central Asia and South Asia, particularly India. International assessments, such as that of Zamir Kabulov, representative of the Russian President in Afghanistan, that had put the number of ISKP fighters in Afghanistan at 3,000 at the time of the withdrawal of US forces from Afghanistan, now assess the strength to have doubled to over 6,000.10 In fact, the UN envoy to Afghanistan Deborah Lyons told the United Nations Security Council late last year that the ISIS threat now covers almost all the 34 provinces of Afghanistan.11

    According to the Salafi-Jihadi Movement Weekly of the Institute for the Study of War, ISKP’s late acknowledgement of the Coimbatore and Mangalore blasts (even though they failed to cause the intended harm) were an attempt to show the organization’s significant expansion into India.12

    The ISKP’s claim came soon after the Taliban’s killing of the leader of its India operations, Ejaz Ahangar, in Kabul in 14 February 2023. It is important to note that ISIS is an ideological opponent of Taliban, which is Hanafi Deobandi Sunni as opposed to the hardline Salafi (Ahl-e-Hadeeth) version of Sunni Islam followed by ISIS. Partly in response to Ahangar’s killing, ISKP carried out a suicide bombing that killed Muhammad Dawood Muzammil, Taliban’s governor in Balkh province on 9 March 2023 in Mazar-e-Sharief. Earlier on 26 December 2022, ISKP had killed the Taliban police chief for the Badakshan province, Abdul Haq Abu Umar.

    The slain ISKP recruitment chief Ejaz Ahangar alias Abu Usman Al Kashmiri had been designated terrorist by the MHA under the Unlawful Activities (Prevention) Act (UAPA) 1967.13 Security experts believe Ahangar’s death has left a void in ISIS’ recruitment, as he was considered to be an important propagandist for ISKP and had played a key role in the launch of their e-magazine. The propaganda overdrive in subsequent ‘Voice of Khurasan’ issues stems from this sense of loss. 14

    Since the departure of US-led forces from Afghanistan, ISKP carried out at least 16 major attacks in that country until September 2022 against the minority Shia Hazara community in places of worships, schools, and workplaces — killing over 700.15 It also attacked a Sikh gurudwara in June 2022, the Embassy of Russia in September 2022, the Embassy of Pakistan in December 2022 and a hotel hosting Chinese diplomats and businessmen in the same month.

    The ISKP menace is clearly emerging as a major threat to South Asian security, which Indian security agencies cannot afford to take lightly.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

    Terrorist, Islamic State of Khorasan Province, Taliban Counter Terrorism https://idsa.in/system/files/terrorism-banner.jpg https://idsa.in/system/files/thumb_image/2015/terrorism-thumb.jpg IDSA COMMENT
    The Corporatisation of Ukraine War: A Case of Unfolding Asymmetry in Military Power Harinder Singh March 22, 2023

    The power of crowdsourcing budgetary support, technology, training, and logistic wherewithal, while at war, has emerged as an important lesson in the Ukraine war.

    For politicians, diplomats and military leaders alike, the Russo-Ukraine War has been most instructive. As we look back, while several old military beliefs and strategies have stood the test of this war, others stand challenged. Each of these perspectives are likely to be coloured by individual country’s past experience and outlook, yet these are important enough to reflect on the Ukrainian war. On its part, the Ukrainian state seems to be doing all things right. By leveraging its strong national will and societal resilience, the Ukrainian military’s ingenuity and battlefield dynamism, the steady sourcing and induction of the right war-fighting technologies, and ensuring a regular supply of munitions and logistic wherewithal, the Ukrainians have spelt out the blueprint for fighting future wars. The Russians have struggled to leverage their superior war waging potential to achieve the initial war aims and objectives, thereby resulting in frequent change of the war plans and theatre level leadership.

    A key learning from the Ukrainian war is that weaker states today can afford to stick their neck out, provided ideologically or strategically aligned bigger powers are willing to commit long-term support to them. Above all, the power of crowdsourcing budgetary support, technology, training, and logistic wherewithal, while at war, has emerged as an important lesson in this war. If this is partly true, the idea of non-alignment or un-alignment as a state’s external policy might well become detrimental to fight successful wars in future.

    An analytical framework is perhaps required to explain the lessons of this war and analyse its impact on the future of warfare. Money, men, machines, and material (4Ms) is possibly a suitable construct to study this war. Warfare will always remain an interplay of these four vital components, and any significant deficiency in any of these components can impact the war-fighting capabilities of the state, and in turn, the military outcomes in field.

    Firstly, the Ukrainian war has given a new meaning to military budgeting and expenditure. In this war, interestingly, budgeting the war effort has become a collective endeavour for nations with the same ideological belief or interests. The West, led by the US, has demonstrated that the threats to its values can coalesce like-minded countries to put their money on the table or create a piggy bank to budget the cost of war. Till date, approximately US$ 50 billion worth of support from several Western countries has come to the aid of Ukraine. The total aid to Ukraine is several times its domestic capacity to sustain the war.

    This corporatisation of the war effort by Western powers, whatever their individual motives might be, has demonstrated that today even a weaker party to the war can stand up to a great power, and fight. This raises a few issues. One, military budgets in the future could well carry a virtual value, buttressed by the defence networks and collaboration pacts drawn up by a country, globally or regionally. Two, as money will flow in from different states displaced globally, the utilisation of it is likely to be driven by the ideological proclivities of the donor states. And three, this might prompt like-minded states to look at the creation of a global fund for security, akin to NATO’s two percent pledge, to meet unforeseen threats and challenges. Money matters in war, but whose money, will have a little meaning in future wars.

    Secondly, this war has been particularly instructive on the military ingenuity and resolve demonstrated by the Ukrainian armed forces in deterring rapid Russian advances. The community-sizing of war by Ukraine demonstrates how a state leverages its political will and societal resilience to alter military outcomes. The Ukrainian military has been most successful in integrating its civilians into an effective territorial force. Further, by leveraging its citizenry on social media, Ukraine has expanded its strategic reach and influence, which is symbolic of the role of societal culture in the future of warfare. As Mick Ryan, a well-known military commentator argues, while machines might be important, unlike men, they do not plan, fight or win wars.

    Thirdly, the Ukrainian state also seems to be doing well in acquiring the right war-fighting technologies that provide their armed forces with a decisive military advantage. Initially, the Javelins and Stingers, then HIMARS, and now tanks, and possibly fighter aircraft, point towards the right choice of technology. The Ukrainians have demonstrated an extraordinary acumen to meld technologies obtained from diverse sources, with little training and logistical support on the battlefield. Moreover, the Ukrainians have been smart to never look at weapon platforms in isolation, without taking into account where and when these and other complementing capabilities have to be employed. Military technology will always matter on the battlefield, but which ones, along with which other technologies, will be most important in these new-age wars.

    And fourthly, the fact that for Ukraine, a steady supply of war-fighting material in terms of munitions, spare parts, and a surge in industrial capacities has emerged as another crucial factor in winning a war. The fact that Western countries are drawing down on their own stocks of munitions to support Ukraine, in a way, highlights the sheer importance of uninterrupted supply of war-fighting material in long-drawn wars. This war is replete with examples of what happens when a nation tries to fight a war without fully considering the impact of logistics and sustainment. Munition and material are the new oil for war; you need it more than ever before, at industrial scales, and no less.

     

    In the coming months, the Ukrainian war will be shaped by the evolving balance of military power between Russia and Ukraine. Ukraine will benefit from new hardware inductions, including battle tanks, infantry vehicles, air defence systems and long-range munitions supplied by Europeans and the United States. Russia could also be expected to substantially ramp up its production capacities and match the Ukrainians in numbers, if not in quality. In the meantime, Ukraine will have to cope with a new Russian offensive. As civilian casualties mount, availability of conscripts deplete and the war-fighting wherewithal exhausts, the incentive to find a battle-winning strategy will only grow. While there are several important contributory factors to a successful war fighting strategy, it is always the terrain and territory, where soldiers will have to fight to win or loose, where territorial sovereignty will be preserved or lost, and where the leaders would recalibrate or standby their objectives to accept the outcomes of war.

    Thus far, Russia has not abandoned its war objectives, in the belief that its sheer size and military wherewithal matters. But then, Russia lacks the capability to defeat Ukraine. On the other hand, Ukraine with a steady supply of weapons arms, lacks the combat power to push back the Russian forces from its territory. A military stalemate could well emerge. The prospects of a stalemate might then open doors to negotiations. Enormous death and destruction in this war, the risk of nuclear escalation, and the economic disruptions caused by the conflict might expedite this prospect.

    Till the time the parties to conflict decide to cease fire, the ongoing corporatisation of war effort in Ukraine will continue to escalate and shape the character of this war. 

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

    Russia-Ukraine Relations, Ukraine Military Affairs https://idsa.in/system/files/ukrain-war-b.jpg https://idsa.in/system/files/thumb_image/2015/ukrain-war-t.jpg IDSA COMMENT
    Clean Energy Transitions in Vietnam: Opportunities and Challenges Shubham Rai March 21, 2023

    Even as Vietnam has Southeast Asia's largest installed solar and wind power capacity, coal will continue to be the country’s primary source of energy till 2030.

    Vietnam is undergoing clean energy transitions at an accelerating rate and is considered as the leader of clean energy transition in Southeast Asia. Clean energy constitutes 25.31 per cent of total energy generation in the country.1 Vietnam has Southeast Asia's largest installed solar and wind power capacity, having surpassed Thailand in 2019. Given the rapid rate of economic growth in Vietnam—the Vietnamese economy increased by 6 per cent annually since 2014, hitting 7 per cent in 2018 and 2019—energy use is increasing at an unprecedented rate.2 Domestic fossil fuel production cannot keep up with rising consumption, prompting Vietnam to look towards international energy sources to power its grid. Vietnam's historical reliance on hydroelectricity is insufficient to meet the energy demand. Hence, the country is diverting its focus towards renewables to meet its energy demands. With population reaching 100 million soon and economy booming, renewable energy could play a potential role in generating sufficient energy to suffice the needs of the nation.

    Vietnam has increased its solar and wind capacities in the last four years, with the share of solar power in electricity generation rising from practically nothing four years ago to 11 per cent in 2021.3 The nation's overall solar power capacity reached 16,500MW by 2020, much higher than its official target of 850MW.4  Vietnam saw a far quicker pace of growth in the share of solar and wind energy in the country's electricity mix than the rest of the globe. It has become the tenth biggest solar power generator in the world.5 While solar power has experienced the most significant growth, installed wind power capacity has also increased rapidly, reaching 600 MW by the end of 2020, placing it second to Thailand among Southeast Asian nations.6  The country has huge potential for hydropower, which currently makes up 33 per cent of the total energy generation.7

    The government of Vietnam implemented various plans and policies to exacerbate the process of clean energy transitions. Among the most notable policy incentives include National Development Strategy, Feed-in Tariff (FiT) scheme and National Development Power Plans. The first-ever National Development Strategy for Renewable Energy was unveiled in 2015, with the goal of having 32 per cent of electricity generated by renewable sources by 2030.8

    A feed-in tariff (FiT) is a policy apparatus implemented in 2017 which benefits renewable energy providers. The FiT requires the producers to enter into a long-term contract that ensures they receive an above-market price for the energy they create and inject into the electricity grid. For example, Vietnamese officials granted Vietnam Electricity (EVN), state-owned power company, permission to buy solar energy from independent providers in 2017 at an enticing rate of 9.35 cents/kilowatt hour.9 The FiT scheme yielded positive results and enlarged instalments of solar panels by paying suppliers a fixed rate tariff. Vietnam has among the lowest FiTs in the world. At present, FiTs are in place for solar, wind, biomass, and waste-to-energy projects.

    The National Development Power Plan, the country’s primary energy outlook published once a decade, outlines how the country will generate energy. The recent plan, which came in 2021 and applicable till 2030, has prioritised the growth of renewables, particularly offshore wind energy. The plan provides a list of incentives to enhance clean energy transitions, like tax exemptions on raw materials imports, equipment, and finished clean energy products. Furthermore, it also lowered the interest rate for lending and investments in the renewable energy sector. 

    Other major policy incentives include the waiving or lowering of tax on leasing and land usage for solar and wind projects. Tariffs on imported goods required as inputs for installing solar power plants were also exempted. In December 2022, Vietnam established a US$ 15.5 billion Just Energy Transition Partnership with foreign partners, including the UK, the US, the EU and Japan.10 The partnership aims to hasten the reduction of carbon emissions and boost the use of renewable energy. According to the Just Energy Transition Partnership Plan, Vietnam is expected to achieve peak emissions in 2030 and net zero emissions by 2050, with the aim to generate 60 GW of renewable energy in 2030.

    Challenges

    Even as Vietnam’s energy demand has increased in the past decade, most of it is completed through coal, despite the nation having a high potential for clean energy. The share of electricity generated by fossil fuels in the past five years, for instance, increased from 33 per cent to 51 per cent.11 Vietnam has relied primarily on coal-fired power plants to generate its electricity.

    According to Vietnam's Power Development Plan (2021–30), coal will continue to be the country’s primary source of energy till 2030, with more than 36 GW of installed capacity and up to 11 new coal-fired power plants to be built during the phase.12   Furthermore, the plan states that several coal projects are in development or in the advanced phases of planning. Hence, it is evident that coal is a significant contributor to the energy mix of Vietnam and it cannot be disregarded easily.

    Moreover, switching of existing coal-fired power plants to alternative fuels (such as LNG or natural gas) will be expensive and time-consuming. As per the power development plan, renewable energy output will only reach 60 GW by 2030.  Concerns that Vietnam cannot rely on LNG as the main supply for its thermal power plants have been reinforced by the global volatility in the LNG price this year. LNG, coal and crude oil are mainly used for the generation of thermal power. Hence, the low supply of LNG will create discrepancies in the functioning of thermal power plants.

    Transmission lines that link solar and wind projects to the national grid are not equipped to handle sudden increases in energy supply. As a result of the overloaded national grid systems, renewable generators frequently struggle to sell all of their energy to EVN.13 The laying of new transmission lines to cope with increasing supply requires private financing as EVN is under pressure to keep power costs low due to the impact of the COVID-19 pandemic and to combat inflation. Vietnam needs smart grid equipment and the capacity to intensify the renewables transition. The energy distribution network is also seen as unreliable.

    Vietnam’s energy systems are also frequently challenged by climatic hazards like typhoons and floods. In the past decade, Vietnam transitioned from an energy exporter to an energy importer, creating concerns for its energy security. There is a mismatch between energy supply and demand, with many power projects running behind schedule. For Vietnam to continue to lead Southeast Asia in sustainable energy, it must tackle these challenges effectively.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

    Renewable Energy, Vietnam, Solar Energy, Southeast Asia Non-Traditional Security https://idsa.in/system/files/vienam-energy-b.jpg https://idsa.in/system/files/thumb_image/2015/vienam-energy-t.jpg IDSA COMMENT
    A Need for an Autonomous Agency for Overseas Development Assistance D. Padma Kumar Pillay March 15, 2023

    There is a need for India to establish an autonomous agency to execute overseas development assistance programmes.

    India was among the first responders to the February 2023 earthquake that killed tens of thousands of people in Turkiye and caused widespread destruction. India’s quick response to the humanitarian crisis in Turkiye and Syria reinforced its demonstrated capacities to deliver humanitarian assistance and disaster relief (HADR) beyond its region.  India has become a net provider of development assistance and has become a first responder in many a humanitarian crises, while at the same time declining offers of overseas aid or assistance for disasters within the country.

    The country has great capacities in some of the essential machinery needed for such humanitarian interventions and development assistance. It has an extremely responsive and capable armed forces who have proved their competence in terms of quick and timely delivery of aid, in natural disasters at home and abroad. The grouping of the navies of four countries viz. US, Japan, Australia and India, collectively responded to the crisis when the Asian tsunami struck in December 2004. This grouping of countries was subsequently recognised as the QUAD by late Japanese Prime Minister Shinzo Abe in 2007.

    It is not just in humanitarian assistance or food programmes that India has the capacities. India’s pharmaceutical industry responded remarkably during the COVID-19 pandemic and the intent to assist the poor and needy was evident in the Vaccine Maitri initiative. It is worthwhile to recall Indian pharmaceutical industry’s role in the delivery of medicines worth less than dollar a day for treatment for AIDS with a dash of defiance against the global pharma industry wedded to patent and profit.

    As the economy grows and India's armed forces grow in their logistics and strategic reach, this capability will be further enhanced. There is a vast pool of trained doctors and paramedical personnel and a strong pharmaceutical industry backed by research and development. India has proven reputation in forecast and information technology. This has tremendous potential in the context of managing preparedness, inventory, logistics and actual delivery of aid. It also contributes to communication and rolling updates from the field.

    Above all, India has desisted from needless aggression towards others and has been a proponent of peaceful global co-existence. This gives it the right pedigree to intervene and assist. There is an adherence to international rules-based order respecting the principles of humanity, neutrality and impartiality in all its humanitarian assistance programmes. There have been only two instances when India violated the national sovereignty of the recipients—in East Pakistan in 1971 and Sri Lanka in 1987, when India air dropped humanitarian aid to the besieged Tamil population in Jaffna.

    Humanitarian aid and development assistance is an acknowledged soft tool in international relations and diplomacy. Much of India's development assistance and aid pertains to its neighbourhood, with recipients being Bhutan, Afghanistan, Bangladesh, Myanmar, Nepal, Sri Lanka and the Maldives. India has committed over US$ 3 billion to Afghanistan which continues beyond the regime takeover by Taliban. India has built a fully functional hospital, a huge dam, all-weather roads connecting the ends of Afghanistan and even the Afghan Parliament.

    Humanitarian/development assistance can provide sufficient power of recall in the public eye and add value to bilateral ties. There is no doubt that when things are done correctly, the goodwill generated for the donor nation is tremendous. Very often, the country intervenes with the best of interests at heart. But the mechanism of delivery is entrusted with recipient governments and depends on the efficiency of their agencies. This is also a delicate balance and one that requires careful handling, for excess intent and recall can spoil the principle of humanitarian engagement, and too little of intent and recall can make it mere charity devoid of any practical value. A case in point relates to how the media overplayed the aid assistance in the aftermath of the earthquake that struck Kathmandu in April 2015. There has to be a planned management to achieve specific or desired outcome.

    For a country of its size and stature, India surprisingly does not have a dedicated aid agency. As early as 1952, India deployed the Indian Aid Mission in Nepal which became Indian Cooperation Mission. The India Development Initiative (IDI) had a short life-span from 2003 to 2007. Currently, the Development Partnership Administration (DPA) of  Ministry of External Affairs set up in 2012 handles both Development Assistance and HADR.  Lines of Credit (LOCs) are disbursed under the Indian Development and Economic Assistance Scheme (IDEAS) set up in 2005. Capacity-building training programmes are conducted under the Indian Technical and Economic Cooperation (ITEC) programme set up in 1964 and through grants and loans as well as bilateral grant assistance projects.

    Given this background, India had a first mover advantage which perhaps needs to be recouped. China created its own version of the EXIM bank to finance overseas initiatives based on India’s model and today that agency has far greater overseas reach. A specialised India International Development Cooperation Agency (IIDCA) was announced in the 2007 budget speech by then Finance Minister P. Chidambaram. However, this didn’t take off subsequently. It is pertinent to note that in 2018, the China International Development Cooperation agency became operational.

    There is a need for India to establish an autonomous agency on the lines of US Agency for International Development (USAID) to execute overseas development assistance programmes. There is a need for cross-cutting cooperation and collaboration and supervision for such initiatives. An autonomous agency can also move beyond government-driven engagements and become more plural and diverse to include private sector medical and educational services, philanthropic organisations and civil society, more effectively.

    The proposed Indian aid agency can also effectively engage, cooperate and collaborate with international humanitarian organisations. Such cooperation can also help develop expertise, and enhance best practices and insights. India currently collaborates bilaterally with other agencies like World Food Programme and countries like US, Japan and EU. There have been rare instances when India has delivered aid through agencies like the International Committee of the Red Cross (ICRC).

    There is no doubt that achievement of developmental goals for poverty and health, tackling terrorism/environmental concerns/pandemics is possible only through collaboration with multilateral agencies like World Health Organisation (WHO), United Nations Development Programme (UNDP), and the International Labour Organisation (ILO). Western agencies also can learn from India’s experience in tackling its myriad problems and from its domestic initiatives like AADHAAR, Ayushman Bharat, CoWin app and UPI.

    Most Western nations, OECD countries, Japan and China have annual allocations to international agencies. India also contributes to over 150 international bodies, which has been rising steadily. India has adopted a strictly non-political and principled approach to humanitarian assistance. The government must focus on how India can play a leadership role in reshaping the global order and define its role in the evolving humanitarian regime in keeping with India’s core belief expressed in the G-20 theme—One Earth, One Family, One Future—as expressed in the ancient verse.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

    International Relations, HADR, India Non-Traditional Security https://idsa.in/system/files/indian-rescue-team-b.jpg https://idsa.in/system/files/thumb_image/2015/india-rescue-team-t.jpg IDSA COMMENT
    The Saudi–Iran Rapprochement Prasanta Kumar Pradhan March 14, 2023

    The Chinese-mediated rapprochement between Saudi Arabia and Iran puts a check on the widening gap between the two regional powers.

    In a major breakthrough, on 10 March 2023, Saudi Arabia and Iran signed an agreement to restore their diplomatic relationship, which was severed in 2016 after the Saudi Embassy in Tehran and Consulate in Mashhad were ransacked by protesters demonstrating against the Saudi execution of Shia cleric Nimr Al Nimr. Both countries agreed to respect each other's sovereignty and not interfere with each other's internal affairs. They also agreed to implement the security cooperation agreement they had signed in 2001 and to cooperate in other fields such as economy, trade, investment and others.1 The agreement was signed in Beijing which mediated between the two and, in recent months, has taken the five rounds of Iraq-mediated talks in 2021 and 2022 between Saudi Arabia and Iran to fruition.  

    For Saudi Arabia, its military involvement in Yemen has not achieved the intended outcome of pushing the Houthis out of the capital Saana; rather, it has proved to be a drain on its economy. Riyadh, therefore, wants an acceptable resolution and honourable exit from the war in Yemen. Ever since 2015, Saudi Arabia has faced a large number of missile and drone attacks from the Houthis which has emerged as a critical national security challenge for the Kingdom.

    By signing an agreement with Iran to restore normalcy, Saudi Arabia hopes to protect borders and critical infrastructure from the Houthi attacks. Also, to achieve the targets they have put before themselves under Saudi Vision 2030, long-term peace with Iran is necessary. Prolonged military engagement in Yemen is a hindrance to achieving such goals. Therefore, an agreement with Iran is a practical move by Saudi Arabia in terms of its national security and economic development.

    By restoring diplomatic relations with Saudi Arabia, Iran would try to end the increasing isolation it is facing in the region and beyond. Besides, it expects to receive support from the regional countries over its nuclear issue. An agreement with Saudi Arabia would help cement its ties with other members of the Gulf Cooperation Council (GCC) as well, particularly Bahrain and the UAE. The agreement would come as an immediate relief for the Iranian government which has been facing protests in recent months.

    Implications

    The agreement, if implemented fully, has the potential to substantially improve the situation in Yemen. The end of the Saudi military operation in Yemen and restraint on the part of the Houthis can significantly reduce armed violence in the country. It can also significantly improve the humanitarian situation and help the country rebuild its economy. Immediately after the announcement of the agreement, the Yemeni government and the Houthis started talks on prisoner exchange in Geneva.2 But, at the same time, local factors independent of Iran and Saudi Arabia may continue to create tensions in the country. In their vicinity, the maritime security environment in the surrounding waters of the Gulf and the Red Sea can improve as a result of the increasing cooperation between the two countries.

    The situation in countries like Syria, Lebanon and Iraq may not improve soon. Iran has an upper hand in these countries and has built its constituency over decades of political and economic engagement. Saudi Arabia, on the other hand, does not have the advantage that Iran has in these countries. The behaviour and activities of Hezbollah in Lebanon and Iran-backed militia groups in Iraq and Syria do not look to change immediately.

    The Saudi–Iran agreement will have implications for US–Saudi relations. Although the US and Saudi Arabia are strategic partners and Saudi Arabia is an important regional ally of the US in West Asia, its normalising of relations with Iran at a time when Vienna nuclear talks remain inconclusive, points towards a tough road ahead for their bilateral relationship. Besides, the agreement brings China to the Gulf region as an actor interested in regional security and as a geopolitical challenger to the US. Saudi Arabia taking foreign policy decisions concerning Iran with Chinese mediation is a snub to the US.  

    While the US has traditionally adopted the policy of divide and rule and has pitted one country against another, China has, through mediation, brought Saudi Arabia and Iran together successfully. By doing so, China intends to shape the perception of the international community about its image and role as a neutral and benevolent player in the turbulent Gulf region.

    Saudi–Iran rapprochement will have an impact on the Israel–Saudi Arabia relationship. Although Saudi Arabia and Israel do not have a formal diplomatic relationship, they have been holding indirect talks in recent times. In the aftermath of the Abraham Accords that led to the UAE and Bahrain normalising relations with Israel, there is a lot of speculation about Saudi Arabia joining the Abraham Accords. Israel wanted Saudi Arabia too to join the Abraham Accords.

    But the Kingdom restoring ties with Iran has come as a severe jolt to the Israeli ambitions. Israeli Prime Minister Benjamin Netanyahu has blamed the failure of President Joe Biden’s regional policy and the policies of previous governments of Yair Lapid and Naftali Bennett for the success of the agreement.3 Israel’s relationship with the Gulf Arabs still remains challenging as regional geopolitics continue to unfold faster than expected.

    Chinese Mediation

    Chinese mediation between Saudi Arabia and Iran conveys a significant change in the status quo in the regional geopolitics in West Asia. China, as a mediator, has been acceptable to Saudi Arabia and Iran, as both countries enjoy a strong relationship with it. China has supported Iran over a number of issues including the nuclear issue. In 2021, they signed a comprehensive long-term agreement for 25 years whereby China pledged to invest around US$ 400 billion in Iran in different sectors.4 Facing sanctions from the US, Iran has looked up to China for trade and political support. China has also defied the US sanctions and has continued to buy oil from Iran.5 There has been a regular exchange of visits between the two at the highest levels.

    Saudi Arabia has also established a strong economic relationship with China. Saudi Arabia is the largest exporter of oil to China. There is a convergence of interests between the two over the Chinese Belt and Road Initiative (BRI) and the Saudi Vision 2030 where both have committed to cooperating with each other.6 Chinese President Xi Jinping visited Riyadh in December 2022 and held talks with the Saudi leadership and the GCC leaders as well.

    Although China has traditionally maintained ties with the Gulf countries mainly on trade and energy issues, in recent times, it has made statements on the regional security issues in the Gulf. In the first GCC–China Summit for Cooperation and Development meeting in Riyadh in December 2022, President Xi expressed interest to contribute to the regional security in Gulf by supporting and cooperating with the GCC countries.7 The successful Chinese mediation looks like the beginning of a new era of Chinese influence in the Gulf. To be able to maintain its presence in the US-dominated Gulf though would be the real litmus test for China.

    Challenges

    The rapprochement puts a check on the widening gap between the two regional powers. Despite the optimism exhibited by both Iran and Saudi Arabia, there still remain a number of challenges before them. First of all, how far can Iran address and alleviate the Saudi sensitivities and concerns about the peaceful nature of its nuclear programme remains a big question. Secondly, a lot will also depend upon the success of the agreement to provide a protective shield to Saudi Arabia against the Houthi attacks. Thirdly, Iran would be concerned over the extent to which the agreement will help to ending its isolation, facilitating the Vienna nuclear talks and lifting the sanctions imposed on it. If key concerns of both the countries are not addressed after the agreement is implemented, there is a possibility that situation may go back to the square one.

    Conclusion

    The agreement is a positive move to break the impasse, but a lot depends upon maintaining the momentum that has been gained as a result of the talks. Further, the issues of discord between them are numerous and complex. Cooperation over non-controversial issues such as bilateral trade, investment, culture and so on is relatively easy to sustain but forging cooperation on security matters will take time and require more negotiations and trust between them.

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    Negotiations on South China Sea Code of Conduct: Does It Matter? Om Prakash Das March 13, 2023

    Negotiations between ASEAN and China regarding a Code of Conduct on South China Sea may continue to be prolonged and evasive.

    Defence Minister Rajnath Singh, at the 9th ASEAN Defence Ministers’ Meeting (ADMM) Plus in Cambodia in November 2022, expressed the hope that the “ongoing negotiations on the Code of Conduct [COC] on the South China Sea [SCS] will be fully consistent with international law, in particular, UNCLOS [The United Nations Convention on the Law of the Sea] and should not prejudice the legitimate rights and interests of nations not a party to these discussions”.1 Historical and current events back India's apprehensions.

    Indonesia, currently holding the rotating presidency of the Association of Southeast Asian Nations (ASEAN), and China, on 22 February 2023 announced their intention to intensify their efforts to negotiate the COC.2 The SCS has been an area of contested disputes, as various nations claim its islands and waters. China's growing military presence in the region has caused global concern. Some of the world's most heavily trafficked shipping lanes can be found in the waters of the SCS.

    The overlapping claims on the Exclusive Economic Zone (EEZ) in the SCS have become a significant source of regional tensions and instability. China, in particular, has been asserting its sovereignty over nearly the entire SCS, claiming historical rights and referring to the ‘nine-dash line’, encompassing over 1.3 million square miles. Efforts to address contentions through negotiations and international arbitration have been slow and complicated.

    China’s exaggerated claims have been a significant reason for a hostile regional environment. Philippines brought the issue to the Permanent Court of Arbitration in The Hague.  The court ruled essentially in favour of the Philippines and invalidated China's claims to most of the South China Sea. The tribunal declared that China's historical rights claim to the waters had no legal basis under UNCLOS. 3 The tribunal also found that China's actions in the region, including building of artificial islands and interfering with fishing and oil exploration, violated the Philippines' sovereign rights.4 However, China rejected the ruling and continues to assert its territorial claims in the South China Sea.

    Is China eager to resolve the issue?

    Despite Chinese Foreign Minister Qin Gang endorsing ASEAN’s strategic autonomy and agreeing to expedite negotiations for a Code of Conduct, the situation on the ground suggests a different reality. China seems determined to expand the existing islands and construct other artificial islands in the region, including military installations, ports and airstrips. China claims sovereignty over most of the sea, while other countries such as the Philippines, Vietnam, Malaysia, Brunei, and Taiwan have their territorial claims.

    The ASEAN proposed a regional code of conduct to resolve territorial claims in the SCS. After years of negotiation with ASEAN, a non-binding Declaration of Conduct was agreed upon in November 2002 in Phnom Penh, Cambodia. The DOC aimed to promote peace, stability, and cooperation in the South China Sea region by providing a framework for managing disputes. It called upon the parties to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability. It urged for respecting the freedom of navigation and overflight in the South China Sea in accordance with international law.

    Regional conflict resolution was expected to benefit significantly from this critical milestone. However, China occupied more islands and resorted to military activities. In August 2017, another document, the 'Single Draft South China Sea Code of Conduct Negotiating Text'5 (SDNT), proposed to establish a basis for the adoption of a Code of Conduct in the South China Sea. This was structured on the basis of the 2002 adopted framework.6 Experts suggest that given that the draft code was non-binding in nature, it is a ‘limited document’.

    The 2017 adopted framework had the ‘so-called’ intention to make an effective COC in a mutually agreed timeline. In November 2017, at the 20th ASEAN-China Summit, China proposed to complete COC negotiations by 2021.7 However, this intention has yet to see the light of day. Recent events and satellite images suggest that China is seizing new land in the South China Sea.8 Analysts note that China seeking control over the SCS is part of its plan to ‘pursue regional hegemony'.9  Moreover, while most of the ASEAN member states appear to support the COC as legally binding, China has been opposing the binding nature of the COC.10

    The latest meeting between the Chinese and Indonesian Foreign Ministers on 22 February 2023 does not mention when the next phase of negotiations will occur. The Ministry of Foreign Affairs of the People's Republic of China stated that China “will work with other ASEAN countries to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea (DOC), [and] advance the consultations on a code of conduct in the South China Sea at a faster pace.”11

    The COC is often seen as a way for China to delay an agreement on SCS contentions, given its preference to deal with each ASEAN member state at the bilateral level, even as it proactively alters the situation on the ground.12 China has fully armed at least three (Mischief Reef, Subi Reef and Fiery Cross) of its controlled islands.13 It seems an opportune moment for Beijing to resume talks on a regional code that upholds Chinese demands and advances its economic interests. However, this may come at the cost of both ASEAN member states regional interests and the concept of a free and open Indo-Pacific.

    China has hindered ASEAN's attempts to reach a binding agreement for over 27 years. Despite the optimistic statements and assertions, there are still concerns that the negotiations between ASEAN and China regarding a COC will continue to be prolonged and evasive.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

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    Implications of the New START Suspension Rajiv Nayan, Niranjan Chandrashekhar Oak March 02, 2023

    Russia’s decision to suspend participation in the New START complicates efforts to revive arms control negotiations.

    On 21 February 2023, Russian President Vladimir Putin, at the end of his Presidential Address to the Federal Assembly, announced Russia’s suspension of its participation in the new Strategic Arms Reduction Treaty (START).1 He immediately clarified that the break did not mean withdrawal from the Treaty. The announcement provoked a global debate about the fate of this Treaty and the status of arms control in general. The word ‘suspension’ puzzled many when discussions on the announcement’s consequences started.

    What the International Law Says

    It must be understood that Russia was not abandoning the Treaty before its expiry date (in 2026) or the date for the next extension. For withdrawal, the Treaty has a provision in Article XIV.3 which states:

    Each Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary events related to the subject matter of this Treaty have jeopardised its supreme interests. It shall give notice of its decision to the other Party. Such notice shall contain a statement of the extraordinary events the notifying Party regards as having jeopardised its supreme interests. This Treaty shall terminate three months from the date of receipt by the other Party of the aforementioned notice, unless the notice specifies a later date.2

    Although there is no mention of the term ‘suspension’ in the Treaty, the announcement of the suspension of the New START has a legal connotation in international law. Article 72, titled ‘Consequences of the suspension of the operation of a treaty’, of the Vienna Convention on the Law of Treaties, reads as follows:

    1. Unless the Treaty otherwise provides or the parties otherwise agree, the suspension of the operation of a treaty under its provisions or in accordance with the present Convention:
      1. releases the parties between which the operation of the Treaty is suspended from the obligation to perform the Treaty in their mutual relations during the period of the suspension;
      2. does not otherwise affect the legal relations between the parties established by the Treaty.
    2. During the period of the suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the Treaty.3

    Did Putin mention which elements of the Treaty Russia intends to suspend? He did not specify the suspension of any particular provision, though the long speech detailed the circumstances which forced Russia to take action on the suspension. Seemingly, the entire Treaty has been put on hold. However, Putin has not made any provocative statements, which could hamper the re-operationalisation of the Treaty. Article 72.2 of the Vienna Convention appears to be guiding Russian thinking.

    What Suspension Means

    The suspension of the Treaty does not entail any material changes on the ground. Putin underscored in his Presidential Address that he had signed a decree to put “new ground-based strategic missile systems on combat duty”.4 This might have sent a signal that Putin was serious about escalating nuclear weapons deployment in the near future. Some Western analysts expressed apprehensions that Russia might take out non-deployed weapons from storage and deploy them.

    However, Putin justified his actions by claiming an asymmetry of strategic weapons forces between Russia and the North Atlantic Treaty Organization (NATO). He highlighted that the US is not the only nuclear weapon country in NATO, but that France and the United Kingdom are also nuclear weapon countries. While the New START was a bilateral treaty, Russia faced a threat from the entire NATO having more than one nuclear state.

    Thus, the moot question is whether Russia will deploy weapons from the store? It does not appear so. Article 72.2 of the Vienna Convention may restrain Russia from deploying more strategic nuclear weapons than permitted in the New START. The Treaty puts a ceiling of 1,550 deployable warheads on the delivery vehicles. Moreover, both sides have a large number of tactical nuclear weapons. Quite significantly, many have been forecasting the use of tactical nuclear weapons against Ukraine for a long period. Fortunately, as of today, the prophets of doom have been proved wrong.

    There was a general belief among arms control watchers that the suspension of inspections would remain so either till Russia lifts the suspension or till the Treaty expires in 2026. Practically, the inspections under New START were paused since the COVID-19 pandemic period by mutual consent. Moscow and Washington have failed to resume inspections to this date.

    Instead, the US accused Russia of non-compliance with the Treaty vis-à-vis provisions of the inspection and convening of the Bilateral Consultative Commission, a mechanism to resolve Treaty-specific issues.5 With the suspension of the Treaty, 18 agreed annual inspections under the provision of New START would not occur soon. Thus, the Russian announcement might be a pressure tactic on Moscow’s part to persuade the US vis-à-vis implementation of the Treaty in its entirety, though Russia has not explicitly put it as a pre-condition for ending the suspension.

    The Treaty provisions mandate exchange of data regarding deployed intercontinental ballistic missiles (ICBMs), submarine-launched ballistic missiles (SLBMs), and heavy bombers, along with warheads on them. It also seeks data on deployed and non-deployed launchers of ICBMs, SLBMs, and heavy bombers. Both countries complied with the provision till 2021.6

    So far, the two sides have exchanged thousands of notices about the number of warheads. But halt in the implementation of the Treaty might affect the mutual exchange of data. Moscow has declared that it would observe quantitative limits of the warheads as per the Treaty during the pause period.7 However, it is debatable how the mechanical exchange of data, bereft of inspection, in an uncertain environment, will be credible and satisfy both parties.

    The suspension of the New START treaty has nothing to do with rights and obligations of the parties to conduct nuclear tests. The Treaty has no provision for banning and suspending nuclear tests. For the resumption of nuclear tests, Russia and the US may have to come out of the Comprehensive Test Ban Treaty (CTBT) and other related treaties. In the statement, Putin clarified that Russia was prepared to test after the US conducted a nuclear test. The US has not indicated any intentions to start testing. So, the world might not witness nuclear tests in the coming weeks or months.

    Conclusion

    The suspension of the Treaty has established at least two realities. One, while the follow-up treaty to the New START was expected to include new types of strategic weapons, the suspension of the Treaty has set the clock back. If the parties cannot implement the existing Treaty, it is difficult for the world to expect a broader treaty from the US and Russia which has more than 90 per cent of the nuclear stockpile.

    Two, the Treaty cannot be divorced from the geopolitical realities of the day. The Ukraine conflict has eroded trust between the Treaty parties, which has negatively coloured the current crisis. The New START is widely considered the last surviving arms control pact. Putin’s announcement, for sure, has complicated diplomatic efforts to revive arms control negotiations when China’s increasing nuclear warheads are contributing to the arms race every passing day.

    The Russian decision can be described as symbolic and strategic in nature. It wants to pressurise the West by sending an ambiguous message strategically. In the entire episode, Russia has tried not to appear aggressive and has attempted to put all the blame on the US. Considering the pessimist environment, the suspension of the Treaty may not seem shocking or startling. Still, it is certainly unfortunate for arms control efforts, which had never prepared even rudimentary grounds for future disarmament talks.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

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    Making Sense of the US–China Balloon Row Niranjan Chandrashekhar Oak February 22, 2023

    The US–China balloon row shows that the significance of methods like balloon surveillance has not reduced in the era of high-tech satellites and drones.

    The shooting down of the alleged Chinese spy balloon over the United States (US) airspace has exacerbated already strained relations between Washington and Beijing. The US Secretary of State Antony Blinken called the incident an “unacceptable violation of US sovereignty and international law” and underscored that such an “act must never again occur”1 during the meeting with the Chinese State Councilor and Director of the Chinese Communist Party (CCP) Central Foreign Affairs Office Wang Yi on the sidelines of the Munich Security Conference on 18 February 2023. Earlier, Blinken cancelled a scheduled visit to Beijing in February 2023 in view of the balloon controversy.

    Yi termed the US act of downing the balloon “an abuse of the use of force and violation of customary international practice and the International Civil Aviation Covenant”.2 China has maintained that the balloon had strayed into the US airspace due to Force Majeure, and insisted that Beijing strictly follows international law and respects all countries’ sovereignty and territorial integrity.3 Rather, China has made counter-charges against the US for violating Chinese airspace “over ten times without authorisation from China”4 with the help of high-altitude balloons.

    Although there has been a spate of incidents—at least four, so far—involving unknown aerial objects being shot over the US–Canadian airspace in the past fortnight, the balloon that was shot down on 4 February 2023 stands out. One, because the identity of the balloon has been ascertained, and China has owned up to the same. China is calling it a civilian airship used for meteorological research purposes.5 Two, the balloon was floating over Billings in the US state of Montana, home to the Malmstrom Air Force base and several sensitive nuclear missile sites. Three, the balloon size was huge compared to the other three objects, and the balloon had the capability to manoeuvre.

    Decluttering the Mystery

    The following things are crystal clear when analysing the statements from the US and China. First, China has exploited the discrepancy in international law vis-à-vis airspace sovereignty. The US claimed that the Chinese balloon violated its airspace. According to the Convention on International Civil Aviation, ‘every state has complete and exclusive sovereignty over the airspace above its territory’.6 However, there is no mention of the upper limit of air sovereignty. What is beyond the grey area is that the sovereignty claim of the country is not applicable in outer space. Nevertheless, Beijing’s use of the term Force Majeure—an inability to fulfil the contract—establishes that China had accepted deviation from international law.

    Second, the recovered payload from the balloon strongly suggests that it was more than just a civilian meteorological research airship. The antennas in the balloon indicate that it was equipped for collecting intelligence signals.7 However, the US did not elaborate on what data the balloon could have relayed back to Beijing. Further, the Chinese balloon was fitted with solar panels, which could have aided the propulsion system. Thus, the Chinese claim that the balloon was an innocent civilian airship falls flat.

    Third, the timing of the incident is interesting because it happened very close to Secretary Blinken’s visit to China, which could have been the first visit by an US Secretary of State since 2018. This is in line with China’s habit of testing the opponent’s resolve before or during high-level meetings. India is no stranger to this pattern. In 2014, People’s Liberation Army (PLA) soldiers breached the territorial integrity of India in the Chumar sector of the Union Territory of Ladakh while President Xi Jinping was on an official visit to India. Similarly, Chinese Prime Minister Li Keqiang, Premier Wen Jiabao and President Hu Jintao’s visits to India in 2013, 2010 and 2006 respectively, were preceded by border provocations.

    Thus, the alleged spy balloon over the US airspace could be an attempt by China to make a statement about its growing capabilities. However, it can be discerned that China had not considered the possibility of exposing its alleged surveillance programme and the subsequent cancellation of Blinken’s visit. The incident only reaffirmed Washington’s resolve to simultaneously tackle the Chinese challenge at the diplomatic and military levels.

    Fourth, the lack of transparency on the Chinese part vis-à-vis the actors involved in the balloon episode raises more questions rather than giving answers. The US was quick to sanction six Chinese aerospace firms associated with the alleged spy balloon programme. The US justified the move by alleging a threat to national security. The Biden administration also alleged that the manufacturer of the balloon had a close relationship with the Chinese military, and that surveillance balloons were operated out of Hainan, the southernmost province of China.

    China opposed the sanctions calling them “illegal” and “unilateral”.8   Beijing claimed the US allegations were part of the broader information warfare waged by Washington. However, the Chinese government had no answer to the question about the entity the balloon belonged to. It evaded questions about the flight path or the destination of the balloon.9 Thus, the opacity about the entire operation—whether the balloon was operated by a private entity or a government entity, what kind of data it was collecting—gives credence to the US operation to down the balloon. Moreover, Beijing has enacted domestic laws to systematically access private-sector data, which diminishes the difference between the government and private entities being involved in the balloon saga.

    Fifth, both the US and China have attempted to expand the scope of the allegations to involve more countries in the controversy, thus taking the incident beyond the bilateral ambit. The US claimed that China’s spy balloon programme was spread across five continents and over 40 countries were the victim of Chinese surveillance activities.10 The victims consisted of the close allies and partners of the US, including those from the Indo-Pacific region.11 According to the reports, US Deputy Secretary of State Wendy Sherman briefed around 150 diplomats sharing information about China’s alleged surveillance balloon programme.12

    Similarly, China took on the US, alleging that since May 2022, the US had flown multiple high-altitude balloons circling over the globe. Going further, Beijing reminded the world how the US National Security Agency had spied on leaders of US allies and partners. It claimed that Pentagon used high-altitude balloons “to track hypersonic strategic cruise missiles being developed by China and Russia”.13 Thus, in a broader contest for dominance of the present world order, both countries are trying to score points by getting as many countries on their side as possible.

    Lessons for India

    Looking at the US–China balloon row, New Delhi must draw its lessons. The incident shows that the significance of age-old methods like balloon surveillance has not been reduced in the era of high-tech satellites and drones. Balloons have advantages over satellites. They can hover over a place for a longer time and get clearer images due to their proximity to the ground. Thus, New Delhi should learn from the US shortcomings and guard its airspace—especially the near space between 20 km and 100 km—minutely.

    Secondly, while the row is not over, allegations are flying freely from both sides about surveillance programmes being run by each other over friends and enemies alike. Thus, India should be extremely conservative while allowing foreign entry into critical infrastructure. In this regard, New Delhi has already decided to become atmanirbhar, and the country should redouble efforts in that direction.

    Finally, the balloon episode has highlighted that the US-led world order is being challenged by an emerging China. On the one hand, Beijing is trying to confine India to the South Asian strategic box by periodically resurrecting border issues and by helping its all-weather ally Pakistan. On the other hand, for the past 30 years, the US-led order in the Indo-Pacific has benefitted India strategically. Thus, going ahead, India should continue to make pragmatic choices in the pursuit of its national interests.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrikar IDSA or of the Government of India.

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    TTP’s Political Violence and Jihad Nazir Ahmad Mir February 14, 2023

    The Tehrik-i-Taliban Pakistan (TTP) claims that the Pakistani state does not practice true Islam and therefore it can wage a legitimate Jihad against it.

    Pakistan witnessed a gruesome suicide bombing in a mosque on 30 January 2023 in Peshawar, Khyber-Pakhtunkhwa (KP). Over 100 people were killed and more than 220 wounded. Omar Mukaram Khorasani, the head of the Jamaat-ul-Ahrar (JuA), a splinter group of the Tehrik-i-Taliban Pakistan (TTP) claimed responsibility for the attack.1 The TTP denied the claim and insisted that it does not attack “mosques, madrasas (religious schools), funeral places, and other such places.”2 The statement, however, does not hold much water, given the TTP’s organizational structure, ideology and its past attacks.    

    TTP’S structure and support

    The TTP’s past pronouncements do not indicate any reverence for all masjids or public places. The ‘masjid’ in Peshawar is located in the civil lines, a security area, representing the Pakistani state. The TTP terms the Pakistani state un-Islamic and hence sees it as a legitimate enemy.

    Moreover, mosques of the Shi’ites and the Ahmadis have come under attack consistently from this group. In March 2015, an attack on a Shi’ite imambargah in Peshawar killed 21 and wounded about 200. This attack was claimed by a splinter group of the TTP. Many such attacks have been carried on Shi’ite mosques and madrasas, which have been claimed by various TTP splinter groups.3 The TTP has neither condemned nor chosen to distance itself from such attacks.

    Anti-Shia elements have been added to the TTP in recent years which points to its growing sectarian outlook. In fact, the current chief of TTP, Wali Mehsud, after succeeding Mullah Fazlullah in 2018, sought to expand the outfit’s reach and welcomed the merger of  rabid anti-Shi’ite groups such as Lashkar-e-Jhangvi (LeJ)/Sipah-e-Sahaba-e-Pakistan (SSP) – which now go by the name of Ahle Sunnat Wal Jamaat (ASWJ), with the terror conglomerate in 2020.

    Having ‘Pakistan’ in its name does not reflect the true character of the group; the group is overwhelmingly Pashtun in composition. Its position and ideology are largely limited to the Pashtun speaking areas of Pakistan, KP and some areas of Balochistan in the east. It cannot claim to be representative of the entire country or having the support of a good number of people in Punjab, Sindh and Balochistan. Its non-recognition of the Durand Line and time and again announcing its allegiance to the Afghan Taliban further underline its Pashtun characteristic. The effort made by Wali Mehsud to merge Punjabi-Taliban and other sectarian groups has more to do with their strong anti-Shi’ite proclivity than their support for TTP’s ideology.4  

    Among the Pashtuns, there are strong divisions. Despite statements made by then Prime Minister Imran Khan that because of the war on (Pashtuns) Afghanistan, the Pashtuns in the bordering area had naturally gravitated towards their brethren across the border, large sections of the Pashtuns do not abide by the ideology and views of the TTP. The Pashtun Tahaffuz Movement (PTM), which has been at forefront of the ethnic Pashtun aspiration and has been extremely popular in the tribal areas, has publicly shunned the ideology propagated by the TTP.  

    Jihad as tactic to claim political authority

    The TTP is engaged in a battle of narrative with the Pakistani state. It says that the state does not practice true Islam and therefore the TTP can wage a legitimate Jihad against it.  Ironically, both the Pakistani State and the TTP seek to use Islam for fulfilling their political objectives and gain power. As Roxanne Euben would argue, sometimes a religious action is made amenable to “market logic” in which the “religiosity” is portrayed “as an instrument to some end external to it”.5 Both the TTP and the Pakistani state want to justify their respective ends by using Jihad as an instrument to mobilise support. Both draw their arguments from religious precepts and use religious leaders to propagate their respective viewpoints.

    The debate within Pakistan had started in the 2000s when Maulana Abdul Aziz, the Lal Masjid (Red Mosque) cleric in Islamabad, called the military operation in North Waziristan un-Islamic and asked for not allowing the burial of the soldiers killed in Muslim graveyards. The same line was adopted by the head of the Jamaat-e-Islami (JI) Pakistan, Syed Munawar Hassan when in 2013 he called the TTP head, Hekimullah Mehsud, a martyr. There are takers for ‘jihad’ of the type TTP-like forces endorse within the mainstream political groups.

    These fringe elements threatened to become the core until the TTP struck at the Army Public School in Peshawar in 2014, killing 141 people, including 132 school children. The attack was seen as gruesome and ended up eroding the support-base for the TTP in Pakistan. The heinous act of killing school children ‘militarized the civilian space’ and garnered support for military action against the perpetrators. It gave legitimacy to the state to unleash strong military action against the TTP.

    After losing much of its support in the wake of Pakistan’s military operations, the TTP gained momentum when the Afghan Taliban took control in Kabul in August 2021. Not only did it reassemble many of its members who had left its fold, but also brought in various other extremist factions through Wali Mehsud’s able diplomacy.

    Wali Mehsud also brought back the debate over Jihad, and hailed those joining TTP as the followers of ‘true Islam’. He started directly challenging the religious scholars of Pakistan: “If you find any problem in the jihad that we waged [as against the global agenda of the infidels] … you’re requested to guide us.”6 He asserted that if the Pakistani religious scholars were to stay silent, it meant that they agreed with his message.

    A group of Pakistani ulema did respond to his challenge and declared that only the head of an Islamic country could give a call for Jihad.7 However, the TTP said that it did not recognize Pakistan as an Islamic state. Thus the debate has reached a dead end, given the humongous diversity in the views and the plurality of scholarship on Jihad. But it is likely to take a heavy toll on the people of Pakistan, given the violence that the TTP propagates.

    Call for an Afghan Pakistan

    The TTP has inherent contradictions in its ideology and its practice of political violence by attacking specific targets, including the ones that it considers un-Islamic, labeling them as infidels (deniers of true Islam). On the one hand, it seeks to engage in theological debate with the ulemas in Pakistan, while on the other it spells out its own brand of Islam, which it considers as authentic and legitimate.

    In fact, they have found endorsement of their ideology in Afghan Taliban’s return to power. The TTP has declared its allegiance to the Afghan Taliban and hopes to replicate the same experiment in Pakistan. The TTP’s way of engaging the ulema of Pakistan is in fact a clear exhortation to adopt the ways of the Afghan Taliban and bring ‘true’ Islamic rule to Pakistan.

    Views expressed are of the author and do not necessarily reflect the views of the Manohar Parrrikar IDSA or of the Government of India.

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