▲ Members of Colombia's National Liberation Army [Voces de Colombia] [Voices of Colombia].

ESSAY / Angel Martos

Terrorism and transnational organised crime are some of the most relevant topics nowadays in international security. The former represents a traditional threat that has been present during most our recent history, especially since the second half of the twentieth century. International organised crime, on the other hand, has taken place throughout history in multiple ways. Examples can be found even in the pre-industrial era: In rural and coastal areas, where law enforcement was weaker, bandits and pirates all over the world made considerable profit from hijacking vehicles along trade routes and roads, demanding a payment or simply looting the goods that the merchants carried. The phenomenon has evolved into complex sets of interconnected criminal networks that operate globally and in organised way, sometimes even with the help of the authorities.

In this paper, the author will analyze the close interaction between terrorism and organized crime often dubbed the "crime-terror continuum". After explaining the main tenets of this theory, a case study will be presented. It is the network of relations that exists in Latin America which links terrorist groups with drug cartels. The evolution of some of these organisations into a hybrid comprising terrorist and criminal activity will also be studied.

Defining concepts

The crime-terror nexus is agreed to have been consolidated in the post-Cold War era. After the 9/11 attacks, the academic community began to analyze more deeply and thoroughly the threat that terrorism represented for international security. However, there is one specific topic that was not paid much attention until some years later: the financing of terrorist activity. Due to the decline of state sponsorship for terrorism, these groups have managed to look for funding by partnering with organised criminal groups or engaging in illicit activities themselves. Starting in the 1980s with what later came to be known as narco-terrorism, the use of organised crime by terrorist groups became mainstream in the 1990s. Taxing drug trade and credit-card fraud are the two most common sources of revenues for these groups (Makarenko, 2010).

The basic level of relationship that exists between two groups of such different nature is an alliance. Terrorists may look for different objectives when allying with organised crime groups. For example, they may seek expert knowledge (money-laundering, counterfeiting, bomb-making, etc.) or access to smuggling routes. Even if the alliances may seem to be only beneficial for terrorist groups, criminal networks benefit from the destabilizing effect terrorism has over political institutions, and from the additional effort law enforcement agencies need to do to combat terrorism, investing resources that will not be available to fight other crimes. Theirs is a symbiotic relation in which both actors win. A popular example in the international realm is the protection that Al-Qaeda in the Islamic Maghreb (AQIM) offered to drug traders that smuggle cocaine from South America through West and North Africa towards Europe. During the last decade, the terrorist organisation charged a fee on the shipments in exchange for its protection along the route (Vardy, 2009).

The convergence of organisations

Both types of organisations can converge into one up to the point that the resulting group can change its motives and objectives from one side to the other of the continuum, constituting a hybrid organisation whose defining points and objectives blur. An organisation of this nature could be both a criminal group with political motivations, and a terrorist group interested in criminal profits. The first one may for example be interested in getting involved in political processes and institutions or may use violence to gain a monopolized control over a lucrative economic sector.

Criminal and terrorist groups mutate to be able to carry out by themselves a wider range of activities (political and financial) while avoiding competitiveness, misunderstandings and threats to their internal security. This phenomenon was popularized after the 1990s, when criminal groups sought to manipulate the operational conditions of weak states, while terrorist groups sought to find new financial sources other than the declining state sponsors. A clear example of this can be found in the Italian Mafia during the 1990s. A series of deliberate bombing attacks were reported in key locations such as the Uffizi Galleries in Florence and the church of St. John Lateran in Rome. The target was not a specific enemy, but rather the public opinion and political authorities (the Anti-Mafia Commission) who received a warning for having passed legislation unfavorable to the interests of the criminal group. Another example far away from Europe and its traditional criminal groups can be found in Brazil. In the early 2000s, a newly elected government carried out a crackdown on several criminal organizations like the Red Commandthe Amigos dos Amigos, and the group Third Commandwhich reacted violently by unleashing brutal terrorist attacks on governmental buildings and police officers. These attacks gave the Administration no other choice but to give those groups back the immunity with which they had always operated in Rio de Janeiro.

On the other side of the relationship, terrorist organisations have also engaged in criminal activities, most notably illicit drug trade, in what has been a common pattern since the 1970s. Groups like the FARC, ETA, the Kurdistan Workers Party (PKK), or Shining Path are among them. The PKK, for example, made most of its finances using its advantageous geographic location as well as the Balkan routes of entry into Europe to smuggle heroin from Asia into Europe. In yet another example, Hezbollah is said to protect heroin and cocaine laboratories in the Bekaa Valley, in Lebanon.

Drug trafficking is not the only activity used by terrorist groups. Other criminal activities serve the same purpose. For example, wholesale credit-card fraud all around Europe is used by Al Qaeda to gain profits (US$ 1 million a month). Furthermore, counterfeit products smuggling has been extensively used by paramilitary organizations in Northern Ireland and Albanian extremist groups to finance their activities.

Sometimes, the fusion of both activities reaches a point where the political cause that once motivated the terrorist activity of a group ends or weakens, and instead of disbanding, it drifts toward the criminal side and morphs into an organised criminal association with no political motivations) that the convergence thesis identifies is the one of terrorist organisations that have ultimately maintained their political façade for legitimation purposes but that their real motivations and objectives have mutated into those of a criminal group. They are thus able to attract recruits via 2 sources, their political and their financial one. Abu Sayyaf, the Islamic Movement of Uzbekistan and FARC are illustrative of this. Abu Sayyaf, originally founded to establish an Islamic republic in the territory comprising Mindanao and the Sulu Archipelago (Philippines), is now dedicated exclusively to kidnapping and marijuana plantations. The former granted them US$ 20 million only in 2000. Colombian FARC, since the 1990s, has followed the same path: according to Paul Wilkinson, they have evolved from a revolutionary group that had state-wide support into a criminal guerrilla involved in protection of crops and laboratories, also acting as "middlemen" between farmers and cartels; kidnapping, and extortion. By the beginning of our century, they controlled 40 per cent of Colombia's territory and received an annual revenue of US$ 500 million (McDermott, 2003).

"Black hole states

The ultimate danger the convergence between criminal and terrorist groups may present is a situation where a weak or failed state becomes a safe haven for the operations of hybrid organisations like those described before. This is known as the "black hole" syndrome. Afghanistan, Tajikistan, Angola, Sierra Leone and North Korea are examples of states falling into this category. Other regions, such as the North-West Frontier Province in Pakistan, and others in Indonesia and Thailand in which the government presence is weak can also be considered as such.

Afghanistan has been considered a "black hole state" since at least the withdrawal of Soviet troops in 1989. Since the beginning of the civil war, the groups involved in it have sought to survive, oftentimes renouncing to their ideological foundations, by engaging in criminal activity such as the production and trafficking of opiates, arms or commodities across the border with Pakistan, together with warlords. The chaos that reigns in the country is a threat not only to the nation itself and its immediate neighbors, but also to the entire world.

The People's Republic of Korea (DPRK) is, on the other hand, considered a criminal state. This is because it has engaged in transnational criminal activities since the 1970s, with its "Bureau 39", a government department that manages the whole criminal activity for creating hard currency (drug trafficking, counterfeiting, money laundering, privacy, etc.). This was proved when the Norwegian government expelled officials of the North Korean embassy in 1976 alleging that they were engaged in the smuggling of narcotics and unlicensed goods (Galeotti, 2001).

Another situation may arise where criminal and terrorist groups deliberately foster regional instability for their own economic benefits. In civil wars, these groups may run the tasks that a state's government would be supposed to run. It is the natural evolution of a territory in which a political criminal organisation or a commercial terrorist group delegitimizes the state and replaces its activity. Examples of this situation are found in the Balkans, Caucasus, southern Thailand and Sierra Leone (Bangura, 1997).

In Sierra Leone, for example, it is now evident that the violence suffered in the 1990s during the rebellion of the Revolutionary United Forces (RUF) had nothing to do with politics or ideals - it was rather a struggle between the guerrilla and the government to crack down on the other party and reap the profits of illicit trade in diamonds. There was no appeal to the population or political discourse whatsoever. The "black hole" thesis illustrates how civil wars in our times are for the most part a legitimisation for the private enrichment of the criminal parties involved and at the same time product of the desire of these parties for the war to never end.

The end of the Cold War saw a shift in the study of the nexus between crime and terrorism. During the previous period, it was a phenomenon only present in Latin America between insurgent groups and drug cartels. It was not until the emergence of Al Qaeda's highly networked and globally interconnected cells that governments realised the level of threat to international security that non-state actors could pose. As long as weak or failed states exist, the crime-terror nexus will be further enhanced. Moreover, the activity of these groups will be buttressed by effects of globalisation such as the increase of open borders policies, immigration flows, international transportation infrastructure, and technological development. Policymakers do not pay enough attention to the criminal activities of both types of organisations. Rather than dealing with the political motivations of a group, what really makes the difference is to focus on its funding resources - credit-card frauds, smuggling, money laundering, etc.

The following section focuses on the crime-terror continuum that exists between illegal drug trade and terrorist networks. This phenomenon has emerged in many regions all around the world, but the case of Latin America, or the Andean region more specifically, represents the paradigm of the characteristics, dangers and opportunities of these situations.

NARCO-TERRORISM CASE STUDY:

When drug trafficking meets political violence

The concept of narco-terrorism was born in recent years as a result of the understanding of illicit drug trade and terrorism as two interconnected phenomena. Traditionally linked with Latin America, the concept can now be found in other parts of the world like, for example, the Golden Crescent (Afghanistan, Iran and Pakistan), or the Golden Triangle (Thailand, Laos and Myanmar).

There is no consensus on the convenience and accuracy of the term "narco-terrorism," if only because it may refer to different realities. One can think of narco-terrorism as the use of terrorist attacks by criminal organisations such as the Colombian Medellin Cartel to attain an immediate political goal. Or, from a different point of view, one can think of a terrorist organisation engaging in illicit drug trade to raise funds for its activity. Briefly, according to Tamara Makarenko's Crime-Terror Continuum construct all organisations, no matter the type, could at some point move along this continuum depending on their activities and motivations; from the one extreme of a purely criminal organisation, to the other of a purely political one, or even constituting a hybrid in the middle (Makarenko, 2010).

There is a general perception of a usual interaction between drug-trafficking and terrorist organisations. Here, it is necessary to distinguish between the cooperation of two organisations of each nature, and an organisation carrying out activities under both domains. There are common similarities between the different organisations that can be highlighted to help policymaking more effective.

Both type of organisations cohabit in the same underground domain of society and share the common interest of remaining undiscovered by law enforcement authorities. Also, their transnational operations follow similar patterns. Their structure is vertical in the highest levels of the organisation and turns horizontal in the lowest. Finally, the most sophisticated among them use a cell structure to reduce information sharing to the bare minimum to reduce the risk of the organisation being unveiled if some of its members are arrested.

The main incentive for organisations to cooperate are tangible resources. Revenues from narcotics trafficking might be very helpful for terrorist organisations, while access to explosive material may benefit drug trade organisations. As an example, according to the Executive Director of the UN Office on Drugs and Crime (UNODC) in 2004, an estimated US$ 2.3 billion of the total revenue of global drug trade end up in the hands of organisations like Al Qaeda. Another example is the illegal market of weapons emerged after the collapse of the Soviet Union, field of interest of both types of networks. On the other hand, intangible resources are similar to tangible in usefulness but different in essence. Intangible resources that drug trafficking organisations possess and can be in the interests of terrorist ones are the expertise on methods and routes of transports, which could be used for terrorist to smuggle goods or people - drug corridors such as the Balkan route or the Northern route. On the other way around, terrorists can share the military tactics, know-how and skills to perpetrate attacks. Some common resources that can be used by both in their benefit are the extended networks and contacts (connections with corrupt officials, safe havens, money laundering facilities, etc.) A good example of the latter can be found in the hiring of ELN members by Pablo Escobar to construct car bombs.

The organisations are, as we have seen, often dependent on the same resources, communications, and even suppliers. This does not lead to cooperation, but rather to competition, even to conflict. Examples can be traced back to the 1980s in Peru when clashes erupted between drug traffickers and the terrorist Shining Pathand in Colombia when drug cartels and the FARC clashed for territorial matters. Even the protection of crops terrorists offer to drug traffickers is one of the main drivers of conflict, even if they do find common grounds of understanding most of the time; for example, in terms of government, revenue-motivated organisations are a threat to the state as they fight to weaken some parts of it such as law enforcement or jurisdiction, while politically-motivated ones wish not only to undermine the state but to radically change its structures to fit their ideological vision (state-run economy, religious-based society, etc.).

The terrorism and drug connection in the Andean Region

Nowhere has the use of illicit drug trade as a source of funds for terrorism been so developed as in the Andean Region (Steinitz, 2002). Leftist groups such as FARC and Peruvian Shining Pathas well as right-wing paramilitary organisations such as the United Self-Defense Forces of Colombia (AUC) are involved in this activity. At the beginning, the engagement between terrorists and drug traffickers was limited only to fees imposed by the former on the latter in exchange for the protection of crops, labs and shipments. Later, FARC and AUC have further expanded this engagement and are now involved in the early stages of the traffic itself - the main substance being cocaine, and the main reward money and arms from the drug syndicates. The terrorist cells can be therefore considered a hybrid of political and criminal groups. The following paragraphs will further analyze each case.

Peru's Shining Path

Shining Path (SL) started to operate in the Huallaga Valley, a strong Peruvian coca region, several years after its foundation, in 1980. Peru was at the time the world's first producer of coca leaf. The plant was then processed into coca paste and transported to Colombian laboratories by traffickers. Arguably, the desire for profit from the coca business rather than for political influence was the ultimate motive for Shining Path's expansion into the region. SL protected the crops and taxed the production and transportation of coca paste: the 1991 document "Economic Balance of the Shining Path" shows that the group charged US$ 3,000-7,000 per flight leaving Huallaga. Taxes were also levied in exchange for a service that the group provided the cocaleros: negotiating favourable prices with the traffickers. In the late 1980s, SL's annual income from the business was estimated at US$ 15-100 million (McClintock, 1998).

The Peruvian government's fight against SL represents a milestone in the fight against the terrorism-crime nexus. Lima set up a political-military command which focused on combating terrorism while ignoring drugs, because a reasonable percentage of the Peruvian population eked out a living by working in the coca fields. The government also avoided using the police as they were seen as highly corruptible. They succeeded in gaining the support of peasant growers and traffickers of Huallaga Valley, a valuable source of intelligence to use against SL. The latter finally left the Valley.

But it was not a final victory. Due to the vacuum SL left, the now more powerful traffickers reduced the prices paid for the coca leaf. SL was no longer there to act as an intermediary in defence of peasants and minor traffickers, so thanks to the new lower prices, the cocaine market experienced a boom. The military deployed in the area started to accept bribes in exchange for their laissez-faire attitude, becoming increasingly corrupted. President Fujimori in 1996 carried out a strategy of interdiction of the flights that departed from the Valley carrying coca paste to Colombia, causing the traffickers and farmers to flee and the coca leaf price to fall notably. However, this environment did not last long, and the country is experiencing a rise in drug trade and terrorist subversive activities.

The Colombian nexus expands

The collapse of the Soviet Union and an economic crisis in Cuba diminished the amount of aid that the FARC could receive. After the government's crackdown, with the help of Washington, of the Medellin and Cali cartels, the drug business in Colombia was seized by numerous smaller networks. There was not any significant reduction of the cocaine flow into the United States. The FARC benefited greatly from the neighbouring states' actions, gaining privileged access to drug money. Peru under Fujimori had cracked down on the coca paste transports, and Bolivia's government had also put under strict surveillance its domestic drug cultivation. This elimination of competitors caused a doubling of coca production in Colombia between 1995 and 2000. Moreover, opium poppy cultivation also grew significantly and gained relevance in the US' East-coast market. The FARC also benefited from this opportunity.

According to the Colombian government, in 1998 the terrorist groups earned US$ 551 million from drug, US$ 311 million from extortion, and US$ 236 million from kidnapping. So much so that the organization has been able to pay higher salaries to its recruits than the Colombian army pays its soldiers. By 2000, the FARC had an estimated 15,000-20,000 recruits in more than 70 fronts, de facto controlling 1/3 of the nation's territory. Most of the criminal-derived money in the country comes nowadays from taxation and protection of the drug business. According to the Colombian Military, more than half both the FARC's fronts were involved in the collection of funds by the beginning of the 2000s decade, compared to 40% approx. of AUC fronts (Rebasa and Chalk, 1999).

The situation that was created in both scenarios required created a chaos in which the drug cartels, the cultivation syndicates and the terrorist organisations were the strongest actors. This makes it a very unstable environment for the peoples that lived in the territories under criminal/terrorist control. The tactics of law enforcement agents and government, in these cases, need to be carefully planned, so that multilateral counter-drug/counter-terrorist strategies can satisfactorily address threats existing at multiple dimensions. In the following section, the author will review some key aspects of the policies carried out by the US government in this domain.

The "War on Drugs" and the "War on Terror".

Since 9/11, policies considering both threats as being intertwined have become more and more popular. The separation of counter terrorism and counter-narcotics has faded significantly. Although in the Tashkent Conferences of 1999-2000 the necessary link between both was already mentioned, the milestone of cooperative policies is the Resolution 1373 of the UN Security Council (Björnehed, 2006). In it, emphasis is given to the close connection between terrorism and all kinds of organised crime, and therefore coordination at national, regional and global level is said to be necessary. War on drugs and war on terror should no longer be two separate plans of action.

The effectiveness of a policy that wishes to undermine the threat of illicit drug trade and terrorism is to a high degree dependent on successful intelligence gathering. Information about networks, suspects, shipments, projects, etc. benefits agencies fighting drug trafficking as well as those fighting terrorism, since the resources are most of the times shared. Narco-terrorism nexus is also present in legal acts, with the aim of blocking loopholes in law enforcement efforts. Examples are the Victory Act and the Patriot Act, passed in the US. Recognizing the natural link and cooperation between drug trade and terrorism leads to security analysts developing more holistic theories for policymakers to implement more accurate and useful measures.

However, there are many aspects in which illicit drug trade and terrorist activity differ, and so do the measures that should be taken against them. An example of a failure to understand this point can be found in Afghanistan, where the Taliban in 2000 set a ban on poppy cultivation which resulted in a strong increase of its price, this being a victory for traffickers since the trade did not stop. Another idea to have in mind is that strategies of a war on drugs differ greatly depending on the nature of the country: whether it is solely a consumer like the UK or a producer and consumer like Tajikistan. In regard to terrorism, the measures adopted to undermine it (diplomacy, foreign aid, democratization, etc.) may have minimal effect on the fight against drug trade.

Sometimes, the risk of unifying counter-policies is leaving some areas in which cooperation is not present unattended. Certain areas are suitable for a comprehensive approach such as intelligence gathering, law enforcement and security devices, while others such as drug rehabilitation are not mutually beneficial. Not distinguishing the different motivations and goals among organisations can lead to a failed homogenous policy.

CONCLUSIONS:

Multilevel threats demand multilevel solutions

Terrorism has traditionally been considered a threat to national and international security, while illicit drug trade a threat to human security. This perception derives from the effects of drugs in a consumer country, although war on drugs policies are usually aimed at supplier ones. Although it was already constituting a threat to regional stability during the twentieth century, it was not considered a crucial political issue until 9/11 attacks, when the cooperative link between criminal and terrorist organisations became evident. An example of unequal attention paid to both threats can be found in US's Plan Colombia in 2000: one of the main advocators of the legislation stated that the primary focus was on counter-drug, so the United States would not engage with Colombian counterinsurgency efforts (Vaicius, Ingrid and Isacson, 2003).The same type of failure was also seen in Afghanistan but in the opposite way, when the International Security Assistance Force (ISAF) completely neglected any action against drug traffickers, the trade or the production itself.

The merging of drug trafficking and terrorism as two overlapping threats have encouraged authorities to develop common policies of intelligence gathering and law enforcement. The similarities between organisations engaged in each activity are the main reason for this. However, the differences between them are also relevant, and should be taken into consideration for the counter policies to be accurate enough.

Evidence of a substantial link between terrorists and criminals has been proved all along our recent history. Around the world, leaders of mafias and terrorist commanders have oftentimes worked together when they felt that their objectives were close, if not similar. When cohabitating in the outlaw world, groups tend to offer each other help, usually in exchange for something. This is part of human behaviour. Added to the phenomenon of globalisation, lines tend to be blurred for international security authorities, and thus for the survival of organisations acting transnationally.

The consequences can be noticed especially in Latin America, and more specifically in organisations such as the FARC. We can no longer tell what are the specific objectives and the motivations that pushed youngsters to flee towards the mountains to learn to shoot and fabricate bombs. Is it a political aspiration? Or is it rather an economic necessity? The reason why we cannot answer this question without leaving aside a substantial part of the explanation is the evolution of the once terrorist organisation into a hybrid group that moves all along the crime-terror continuum.

The ideas of Makarenko, Björnehed and Steinitz have helped the international community in its duty to protect its societies. It cannot be expected for affected societies to live in peace if the competent authorities try to tackle its structural security issues only through the counter-terrorist approach or through the organised crime lens. The hybrid threats that the world is suffering in the twenty-first century demand hybrid solutions.

 

REFERENCES

Bangura, Y. (1997) 'Understanding the political and cultural dynamics of the sierra leone war', Africa Development, vol. 22, no. 3/4 [Accessed 10 April 2020].

Björnehed, E., 2006. Narco-Terrorism: The Merger Of The War On Drugs And The War On Terror. [online] Taylor & Francis. Available at [Accessed 10 April 2020].

Galeotti, M. (2001) 'Criminalisation of the DPRK', Jane's Intelligence Review, vol. 13, no. 3 (March) [Accessed 10 April 2020].

Makarenko, T., 2010. The Crime-Terror Continuum: Tracing The Interplay Between Transnational Organised Crime And Terrorism. [online] Taylor & Francis. Available at [Accessed 3 April 2020].

McClintock, C. Revolutionary Movements in Latin America: El Salvador's FMLN and Peru's Shining Path (Washington, D.C.: United States Institute of Peace Press, 1998), p. 341 [Accessed 10 April 2020].

McDermott, J. (2003) 'Financing insurgents in Colombia', Jane's Intelligence Review, vol. 15, no. 2

(February) [Accessed 10 April 2020].

Mutschke, R., (2000) 'The threat posed by organised crime, international drug trafficking and terrorism', written testimony to the General Secretariat Hearing of the Committee on the Judiciary Subcommittee on Crime (13 December) [Accessed 14 June 2020].

Rebasa and Chalk, pp. 32-33; "To Turn the Heroin Tide," Washington Post, February 22, 1999, p. A9; "Colombian Paramilitary Chief Shows Face," Associated Press, March 2, 2000.

Steinitz, M., 2002. The Terrorism And Drug Connection In Latin America'S Andean Region. [online] Brian Loveman, San Diego State University. Available at [Accessed 10 April 2020].

Vaicius, Ingrid and Isacson, Adam "'The War on Drugs' meets the 'War on Terror' " (CIP International Policy Report February 2003) p. 13.

Vardy, N., 2009. Al-Qaeda's New Business Model: Cocaine And Human Trafficking. [online] Forbes. Available at [Accessed 14 June 2020].

▲ Flood rescue in the Afghan village of Jalalabad, in 2010 [NATO].

ESSAY / Alejandro J. Alfonso

In December of 2019, Madrid hosted the United Nations Climate Change Conference, COP25, in an effort to raise awareness and induce action to combat the effects of climate change and global warming. COP25 is another conference in a long line of efforts to combat climate change, including the Kyoto Protocol of 2005 and the Paris Agreement in 2016. However, what the International Community has failed to do in these conferences and agreements is address the issue of those displaced by the adverse effects of Climate Change, what some call "Climate Refugees".

Introduction

In 1951, six years after the conclusion of the Second World War and three years after the creation of the State of Israel, a young organisation called the United Nations held an international convention on the status of refugees. According to Article 1 section A of this convention, the status of refugee would be given to those already recognized as refugees by earlier conventions, dating back to the League of Nations, and those who were affected "as a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion...". However, as this is such a narrow definition of a refugee, the UN reconvened in 1967 to remove the geographical and time restrictions found in the 1951 convention[1], thus creating the 1967 Protocol.

Since then, the United Nations General Assembly and the UN High Commissioner for Refugees (UNHCR) have worked together to promote the rights of refugees and to continue the fight against the root causes of refugee movements. [2] In 2016, the General Assembly made the New York Declaration for Refugees and Migrants, followed by the Global Compact on Refugees in 2018, in which four objectives were established: "(i) ease pressures on host countries; (ii) enhance refugee self-reliance; (iii) expand access to third country solutions; and (iv) support conditions in countries of origin for return in safety and dignity". [3] Defined as 'interlinked and interdependent objectives', the Global Compact aims to unite the political will of the International Community and other major stakeholders in order to have 'equitalized, sustained and predictable contributions' towards refugee relief efforts. Taking a holistic approach, the Compact recognizes that various factors may affect refugee movements, and that several interlinked solutions are needed to combat these root causes.

While the UN and its supporting bodies have made an effort to expand international protection of refugees, the definition on the status of refugees remains largely untouched since its initial applications in 1951 and 1967. "While not in themselves causes of refugee movements, climate, environmental degradation and natural disasters increasingly interact with the drivers of refugee movements".3 The United Nations Intergovernmental Panel on Climate Change (IPCC) has found that the increase of the average temperature of the planet, commonly known as Global Warming, can lead to an increase in the intensity and occurrence of natural disasters[4]. Furthermore, this is reinforced by the Internal Displacement Monitoring Centre, which has found that the number of those displaced by natural disasters is higher than the number of those displaced by violence or conflict on a yearly basis[5], as shown in Table 1. In an era in which there is great preoccupation and worry concerning the adverse effects of climate change and global warming, the UN has not expanded its definition of refugee to encapsulate those who are displaced due to natural disasters caused by, allegedly, climate change.

 

Table 1 / Global Internal Displacement Database, from IDMC

 

Methodology

This present paper will be focused on the study of Central America and Southeast Asia as my study subjects. The first reason for which these two regions have been selected is that both are the first and second most disaster prone areas in the world[6], respectively. Secondly, the countries found within these areas can be considered as developing states, with infrastructural, economic, and political issues that can be aggravating factors. Finally, both have been selected due to the hegemonic powers within those hemispheres: the United States of America and the People's Republic of China. Both of these powers have an interest in how a 'refugee' is defined due to concerns over these two regions, and worries over becoming receiving countries to refugee flows.

Central America

As aforementioned, the intensity and frequency of natural disasters are expected to increase due to irregularities brought upon by an increase in the average temperature of the ocean. Figure 1 shows that climate driven disasters in Latin America and the Caribbean have slowly been increasing since the 1970s, along with the world average, and are expected to increase further in the years to come. In a study by Omar D. Bello, the rate of climate related disasters in Central America increased by 326% from the year 1970 to 1999, while from 2000 to 2009 the total number of climate disasters were 143 and 148 in Central America and the Caribbean respectively[7]. On the other hand, while research conducted by Holland and Bruyère has not concluded an increase in the number of hurricanes in the North Atlantic, there has been an upward trend in the proportion of Category 4-5 hurricanes in the area[8].

 

 

This increase in natural disasters, and their intensity, can have a hard effect on those countries which have a reliance on agriculture. Agriculture as a percentage of GDP has been declining within the region in recent years due to policies of diversification of economies. However, in the countries of Honduras and Nicaragua the percentage share of agriculture is still slightly higher than 10%, while in Guatemala and Belize agriculture is slightly below 10% of GDP share[9]. Therefore, we can expect high levels of emigration from the agricultural sectors of these countries, heading toward higher elevations, such as the Central Plateau of Mexico, and the highlands of Guatemala. Furthermore, we can expect mass migration movements from Belize, which is projected to be partially submerged by 2100 due to rising sea levels[10].

 

Figure 2 / Climate Risk Index 2020, from German Watch

 

Southeast Asia

The second region of concern is Southeast Asia, the region most affected by natural disasters, according to the research by Bello, mentioned previously. The countries of Southeast Asia are ranked in the top ten countries projected to be at most risk due to climate change, shown in Figure 2 above[11]. Southeast Asia is home to over 650 million people, about 8% of total world population, with 50% living in urban areas[12]. Recently, the OECD concluded that while the share in GDP of agriculture and fisheries has declined in recent years, there is still a heavy reliance on these sectors to push economy in the future[13]. In 2014, the Asian Development Bank carried out a study analysing the possible cost of climate change on several countries in the region. It concluded that a possible loss of 1.8% in the GDP of six countries could occur by 2050[14]. These six countries had a high reliance on agriculture as part of the GDP, for example Bangladesh with around 20% of GDP and 48% of the workforce being dedicated to agricultural goods. Therefore, those countries with a high reliance on agricultural goods or fisheries as a proportion of GDP can be expected to be the sources of large climate migration in the future, more so than in the countries of Central America.

One possible factor is the vast river system within the area, which is susceptible to yearly flooding. With an increase in average water levels, we can expect this flooding to worsen gradually throughout the years. In the case of Bangladesh, 28% of the population lives on a coastline which sits below sea level[15]. With trends of submerged areas, Bangladesh is expected to lose 11% of its territory due to rising sea levels by 2050, affecting approximately 15 million inhabitants[16][17]. Scientists have reason to believe that warmer ocean temperatures will not only lead to rising sea levels, but also an intensification and increase of frequency in typhoons and monsoons[18], such as is the case with hurricanes in the North Atlantic.

Expected Destinations

Taking into account the analysis provided above, there are two possible migration movements: internal or external. In respect to internal migration, climate migrants will begin to move towards higher elevations and temperate climates to avoid the extreme weather that forced their exodus. The World Bank report, cited above, marked two locations within Central America that fulfil these criteria: the Central Plateau of Mexico, and the highlands of Guatemala. Meanwhile, in Southeast Asia, climate migrants will move inwards in an attempt to flee the rising waters, floods, and storms.

However, it is within reason to believe that there will be significant climate migration flows towards the USA and the People's Republic of China (PRC). Both the United States and China are global powers, and as such have a political stability and economic prowess that already attracts normal migration flows. For those fleeing the effects of climate change, this stability will become even more so attractive as a future home. For those in Southeast Asia, China becomes a very desired destination. With the second largest land area of any country, and with a large central zone far from coastal waters, China provides a territorial sound destination. As the hegemon in Asia, China could easily acclimate these climate migrants, sending them to regions that could use a larger agricultural workforce, if such a place exists within China.

In the case of Central America, the United States is already a sought-after destination for migrant movements, being the first migrant destination for all Central American countries except Nicaragua, whose citizens migrate in greater numbers to Costa Rica[19]. With the world's largest economy, and with the oldest democracy in the Western hemisphere, the United States is a stable destination for any refugee. In regard to relocation plans for areas affected by natural disasters, the United States also has shown it is capable of effectively moving at-risk populations, such as the Isle de Jean Charles resettlement program in the state of Louisiana[20].

Problems

While some would opine that 'climate migrants' and 'climate refugees' are interchangeable terms, they are unfortunately not. Under international law, there does not exist 'climate refugees'. The problem with 'climate refugees' is that there is currently no political will to change the definition of refugee to include this new category among them. In the case of the United States, section 101(42) of the Immigration and Nationality Act (INA), the definition of a refugee follows that of the aforementioned 1951 Geneva convention[21], once again leaving out the supposed 'climate refugees'. The Trump administration has an interest in maintaining this status quo, especially in regard to its hard stance in stopping the flow of illegal immigrants coming from Central America. If a resolution should pass the United Nations Security Council, the Trump administration would have no choice but to change section 101(42) of the INA, thus risking an increased number of asylum applicants to the US. Therefore, it can confidently be projected that the current administration, and possibly future administrations, would utilize the veto power, given to permanent members of the United Nations Security Council, on such a resolution.

China, the strongest regional actor in Asia, does not have to worry about displeasing the voter. Rather, they would not allow a redefinition of refugee to pass the UN Security Council for reasons concerning the stability and homogeneity of the country. While China does accept refugees, according to the UNHCR, the number of refugees is fairly low, especially those from the Middle East. This is mostly likely due to the animosity that the Chinese government has for the Muslim population. In fact, the Chinese government has a tense relationship with organised religion in and of itself, but mostly with Islam and Buddhism. Therefore, it is very easy to believe that China would veto a redefinition of refugee to include 'climate refugees', in that that would open its borders to a larger number of asylum seekers from its neighbouring countries. This is especially unlikely when said neighbours have a high concentration of Muslims and Buddhists: Bangladesh is 90% Muslim, and Burma (Myanmar) is 87% Buddhist[22]. Furthermore, both countries have known religious extremist groups that cause instability in civil society, a problem the Chinese government neither needs nor wants.

On the other hand, there is also the theory that the causes of climate migration simply cannot be measured. Natural disasters have always been a part of human history and have been a cause of migration since time immemorial. Therefore, how can we know if migrations are taking place due to climate factors, or due to other aggravating factors, such as political or economic instability? According to a report by the French think tank 'Population and Societies', when a natural disaster occurs, the consequences remain localised, and the people will migrate only temporarily, if they leave the affected zone at all[23]. This is due to the fact that usually that society will bind together, working with familial relations to surpass the event. The report also brings to light an important issue touched upon in the studies mentioned above: there are other factors that play in a migration due to a natural disaster. Véron and Golaz in their report cite that the migration caused by the Ethiopian drought of 1984 was also due in part to bad policies by the Ethiopian government, such as tax measures or non-farming policies.

The lack of diversification of the economies of these countries, and the reliance on agriculture could be such an aggravating factor. Agriculture is very susceptible to changes in climate patterns and are affected when these climate patterns become irregular. This can relate to a change of expected rainfall, whether it be delayed, not the quantity needed, or no rainfall at all. Concerning the rising sea levels and an increase in floods, the soil of agricultural areas can be contaminated with excess salt levels, which would remain even after the flooding recedes. For example, the Sula Valley in Honduras generates 62% of GDP, and about 68% of the exports, but with its rivers and proximity to the ocean, also suffers from occasional flooding. Likewise, Bangladesh's heavy reliance on agriculture, being below sea level, could see salt contamination in its soil in the near future, damaging agricultural property.

Reliance on agriculture alone does not answer why natural disasters could cause large emigration in the region. Bello and Professor Patricia Weiss Fagen[24] find that issues concerning the funding of local relief projects, corruption in local institutions, and general mismanagement of crisis response is another aggravating factor. Usually, forced migration flows finish with a return to the country or area of origin, once the crisis has been resolved. However, when the crisis has continuing effects, such as what happened in Chernobyl, for example, or when the crisis has not been correctly dealt with, this return flow does not occur. For example, in the countries composing the Northern Triangle, there are problems of organised crime which is already a factor for migration flows from the area[25]. Likewise, the failure of Bangladesh and Myanmar to deal with extremist Buddhist movements, or the specific case of the Rohinga Muslims, could inhibit return flows and even encourage leaving the region entirely.

Recommendations and Conclusions

The definition of refugee will not be changed or modified in order to protect climate migrants. That is a political decision by countries who sit at a privileged position of not having to worry about such a crisis occurring in their own countries, nor want to be burdened by those countries who will be affected. Facing this simple reality should help to find a better alternative solution, which is the continuing efforts of the development of nations, in order that they may be self-sufficient, for their sake and the population's sake. This fight does not have to be taken alone, but can be fought together through regional organisations who have a better understanding and grasp of the gravity of the situation, and can create holistic approaches to resolve and prevent these crises.

We should not expect the United Nations to resolve the problem of displacement due to natural disasters. The United Nations focuses on generalized and universal issues, such as that of global warming and climate change, but in my opinion is weak in resolving localized problems. Regional organizations are the correct forum to resolve this grave problem. For Central America, the Organization of American States (OAS) provides a stable forum where these countries may express their concerns with states of North and Latin America. With the re-election of Secretary General Luis Almagro, a strong and outspoken authority on issues concerning the protection of Human Rights, the OAS is the perfect forum to protect those displaced by natural disasters in the region. Furthermore, the OAS could work closely with the Inter-American Development Bank, which has the financial support of international actors who are not part of the OAS, such as Japan, Israel, Spain, and China, to establish the necessary political and structural reforms to better implement crisis management responses. This does not exclude the collusion with other international organizations, such as the UN. Interestingly, the Organization of the Petroleum Exporting Countries (OPEC) has a project in the aforementioned Sula Valley to improve infrastructure to deal with the yearly floods[26]. 

The Association of Southeast Asian Nations (ASEAN) is another example of an apt regional organisation to deal with the localized issues. Mostly dealing with economic issues, this forum of ten countries could carry out mutual programs in order to protect agricultural territory, or further integrate to allow a diversification of their economies to ease this reliance on agricultural goods. ASEAN could also call forth the ASEAN +3 mechanism, which incorporates China, Japan, and South Korea, to help with the management of these projects, or for financial aid. China should be interested in the latter option, seeing as it can increase its good image in the region, as well as protecting its interest of preventing possible migration flows to its territory. The Asian Development Bank, on the other hand, offers a good alternative financial source if the ASEAN countries so choose, in order to not have heavy reliance on one country or the other.

 

▲ The British Raj in 1909 showing Muslim majority areas in green

ESSAY / Victoria Paternina and Claudia Plasencia

Pakistan's partition from India in 1947 marked the beginning of a long road of various territorial disputes, causing different effects in the region. The geopolitics of Pakistan with India are often linked when considering their shared history; and in fact, it makes sense if we take the perspective of Kashmir as the prominent issue that Islamabad has to deal with. However, neither the history nor the present of Pakistan can be reduced to New Delhi and their common regional conflict over the Line of Control that divides Kashmir.

The turbulent and mistrustful relations between India and Pakistan go beyond Kashmir, with the region of Punjab divided in two sides and no common ground between New Delhi and Islamabad. In the same way, the bitter ties between Islamabad and a third country are not exclusively with India. Once part of Pakistan, Bangladesh has a deeply rooted hatred relationship with Islamabad since their split in 1971. Looking beyond Kashmir, Punjab and Bangladesh show a distinct aspect of the territorial disputes of the past and present-day Pakistan. Islamabad has a say in these issues that seem to go unnoticed due to the fact that they stand in the shadow of Kashmir.

This essay tries to shed light on other events that have a solid weight on Pakistan's geopolitics as well as to make clear that the country is worthy of attention not only from New Delhi's perspective but also from their own Pakistani view. In that way, this paper is divided in two different topics that we believe are important in order to understand Pakistan and its role in the region. Punjab and Bangladesh: the two shoved under the rug by Kashmir.

Punjab

The tale of territorial disputes is rooted deeply in Pakistan and Indian relations; the common mistake is to believe that New Delhi and Islamabad only fight over Kashmir. If the longstanding dispute over Kashmir has raised the independence claims of its citizens, Punjab is not far from that. On the edge of the partition, Punjab was another region in which territorial lines were difficult to apply. They finally decided to divide the territory in two sides; the western for Pakistan and the eastern for India. However, this issue automatically brought problems since the majority of Punjabis were neither Hindus nor Muslims but rather Sikhs. Currently, the division of Punjab is still in force. Despite the situation in Pakistan Punjab remains calm due to the lack of Sikhs as most of them left the territory or died in the partition. The context in India Punjab is completely different as riots and violence are common in the eastern side due to the wide majority of Sikhs that find no common ground with Hindus and believe that India has occupied its territory. Independence claims have been strengthened throughout the years on many occasions, supported by the Pakistani ISI in order to destabilize India. Furthermore, the rise of the nationalist Indian movement is worsening the situation for Punjabis who are realizing how their rights are getting marginalized in the eyes of Modi's government.

Nonetheless, the question of Punjabi independence is only a matter of the Indian side. The Pakistan-held Punjab is a crucial province of the country in which the wide majority are Muslims. The separation of Punjab from Islamabad would not be conceived since it would be devastating. For Pakistan, it would mean the loss of 72 million inhabitants; damaging the union and stability of the country. All of this taking into account that Punjab represents a strong pillar for the national economy since it is the place where the Indus river - one of the most important ones - flows. It can be said that there is no room for independence of the Pakistani side, nor for a rapprochement between both parts of the former Punjab region. They have lost their main community ties. Besides, the disagreements are between New Delhi and Eastern Punjab, so Islamabad has nothing to do here. According to that, the only likely long-term possibility would be the independence of the Indian side of the Punjab due to the growth of the hatred against New Delhi. Additionally, there are many Sikhs living abroad in UK or Canada who support the independence of Punjab into a new country "Khalistan" strengthening the movement into an international concern. Nevertheless, the achievement of this point would probably increase the violence in Punjab, and in case they would become independent it would be at the expense of many deaths.

There is a last point that must be taken into account when referring to India-Pakistan turbulent territorial relations. This is the case of the longstanding conflict over water resources in which both countries have been increasing tensions periodically. Considering that there is a scarcity of water resources and a high demand of that public good, it is easy to realize that two enemies that share those resources are going to fight for them. Furthermore, if they both are mainly agrarian countries, the interest of the water would be even harder as it is the case of Pakistan and India. However, for more than five decades both Islamabad and New Delhi have maintained the Indus Waters Treaty that regulates the consumption of the common waters. It divides the six rivers that flow over Pakistan and India in two sides. The three western ones for Pakistan, and the other three of the eastern part for India. Nevertheless, it does not mean that India could not make any use of the Pakistani ones or vice versa; they are allowed to use them in non-consumptive terms such as irrigation, but not for storage or building infrastructures[1]. This is where the problem is. India is seemed to have violated those terms by constructing a dam in the area of the Pakistani Indus river in order to use the water as a diplomatic weapon against Islamabad.

This term has been used as an Indian strategy to condemn the violence of Pakistan-based groups against India undermining in that way the economy of Pakistan which is highly dependent on water resources. Nevertheless, it is hard to think that New Delhi would violate one of the milestones treaties in its bilateral relations with Pakistan. Firstly, because it could escalate their already existent tensions with Pakistan that would transform into an increase of the violence against India. Islamabad's reaction would not be friendly, and although terrorist activities follow political causes, any excuse is valid to lead to an attack. Secondly, because it would bring a bad international image for PM Modi as the UN and other countries would condemn New Delhi of having breached a treaty as well as leaving thousands of people without access to water. Thirdly, they should consider that rivers are originated in the Tibet, China, and a bad movement would mean a reaction from Beijing diverting the water towards Pakistan[2]. Finally, India does not have enough infrastructure to use the additional water available. It is better for both New Delhi and Islamabad to maintain the issue over water resources under a formal treaty considering their mutual mistrust and common clashes. Nevertheless, it would be better for them to renew the Indus Waters Treaty in order to include new aspects that were not foreseen when it was drafted as well as to preserve the economic security of both countries.

Bangladesh

Punjab is a territory obligated to be divided in two between India and Pakistan, yet Bangladesh separated itself completely from Pakistan and finds itself in the middle of India. Bangladesh, once part of Pakistan, after a tumultuous war, separated into its own country. While India did not explicitly intervene with Bangladesh and Pakistan's split, it did promote the hatred between the two for its own diary and to increase in power. The scarring aspect of the split of Bangladesh from Pakistan is the bloody war and genocide that took place, something that the Bengali people still have not overcome to this day. The people of Bangladesh are seeking an apology from Pakistan, something that does not look like it is going to come anytime soon.

Pakistan and Bangladesh share a bitter past with one another as prior to 1971, they were one country which separated into two as a result of a bloody war and emerging political differences. Since 1971 up to today, India and the Awami league have worked to maintain this hatred between Bangladesh and Pakistan through propagandist programs and different techniques. For example, they set up a war museum, documentaries and films in order to boast more the self-proclamation of superiority on behalf of India against Bangladesh and Pakistan. India and the Awami League ignore the fact that they have committed atrocities against the Bengali people and that in large part they are responsible for the breakup between Pakistan and Bangladesh. The Bangladesh Nationalist Party (BNP) worked to improve relations with Pakistan under the governments of Ziaur Rahman, Begum Khaldia Zia, and Hossain Mohammad Ershad in Bangladesh, who had maintained distance from India. Five Pakistani heads of government have visited Bangladesh since 1980, along with signing trade and cultural agreements to improve relations between the two nations. [3] While an alliance between Pakistan and Bangladesh against India is not a realistic scenario, what is important for Pakistan and Bangladesh for the next decade to come is attempt to put their past behind them in order to steer clear of India and develop mutually beneficial relations to help improve their economies. For example, a possible scenario for improving Pakistan and Bangladesh relations could be to join the CPEC to better take advantage of the trade opportunities offered within South Asia, West Asia, Central Asia, and China and Russia.[4]

Despite decades of improving trade and military links, especially as a defence against Indian supremacy in the region, the two countries continue to be divided by the question of genocide. Bangladesh wants Pakistan to recognize the genocide and its atrocities and teach them as a part of its history. However, Pakistan has refused to do so and has even referred to militant leader executed for war crimes as being killed for his loyalty to Pakistan.[5]

Even though India supported Bangladesh in its independence from Pakistan, Bangladesh thinks that India is self-serving and that they change ideas depending on their own convenience. [6] An alliance of Pakistan and Bangladesh, even though it is against a common enemy, India, is not realistic given the information recently provided. India is a country that yes, even though they helped Bangladesh against Pakistan, they are always going to look out for themselves, especially in search to be the central power in the region. India sees still a lot of potential for their power in the coming decades. Indian PM Narendra Modi is very keen on making strategic choices for the country to transform and increase its global leadership position.[7]

The hostile relations between Pakistan and India find their peak in its longstanding conflict over Kashmir, but Punjab and Bangladesh must not be put in the shadow. The further directions of both PM Imran Khan and PM Modi could have consequences that would alter the interests of Punjab and Bangladesh as different actors in the international order. In the case of Punjab their mutual feelings of mistrust could challenge the instability of a region far from being calm. It is true that independence claims is not an issue for Pakistan itself since both Islamabad and Pakistan-held Punjab would lose in that scenario, and they both know it. Nonetheless, Indian Punjabis' reality is different. They have crucial problems within New Delhi, again as a historical matter of identity and ethnicity that is still present nowadays. Sikhs have not found common ground with Hindus yet and it does not seem that it will happen in a near future. In fact, tensions are increasing, posing a threat for two nations with their views on Kashmir rather than on Punjab. In the case of Bangladesh, its relations with Pakistan did not have a great start. Bangladesh gained freedom with help from India and remained under its influence. Both Pakistan and Bangladesh took a long time to adjust to the shock of separation and their new reality, with India in between them.

In conclusion, Punjab and Bangladesh tend to be the less important territorial issues, and not a priority neither for Islamabad nor for New Delhi that are more engaged in Kashmir. However, considering the magnitude of both disputes, we should appreciate how the Sikhs in the Indian-held territory of Punjab as well as the Bengali people deserve the same rights as the Kashmiris to be heard and to have these territorial disputes settled once and for all.

REFERENCES

Ayres, Alyssa. "India: a 'Major Power' Still below Its Potential." Lowy Institute, July 24, 2018.

Iftikhar, Momin. "Pakistan-Bangladesh Relations." The Nation. The Nation, December 15, 2018.

"Indus Water Treaty: Everything You Need to Know". ClearIAS.

Muhammad Hanif, Col. "Keeping India out of Pakistan-Bangladesh Relations." Daily Times, March 6, 2018.

Sami, Shafi. "Pakistan Bangladesh Relations In the Changing International Environment." JSTOR. Pakistan Institute of International Affairs, 2017.

Shakoor, Farzana. "Pakistan Bangladesh Relations Survey. JSTOR. Pakistan Institute of International Affairs, 2017.

 

ESSAY / Emilija Žebrauskaitė

Introduction

While the Western Westphalian State - and, consequently, the Western legal system - became the default in most parts of the world, Africa with its traditional ethics and customs has a lot to offer. Although the positive legalism is still embraced, there is a tendency of looking at the indigenous traditions for the inspiration of the system that would be a better fit in an African setting. Ubuntu ethics has a lot to offer and can be considered a basis for all traditional institutions in Africa. A great example of Ubuntu in action is the African Traditional Justice System which embraces the Ubuntu values as its basis. This article will provide a conceptualization of Ubuntu philosophy and will analyse its applications in the real-world scenarios through the case of Gacaca trials in Rwanda.

Firstly, this essay will define Ubuntu: its main tenants, how Ubuntu compares with other philosophical and ethical traditions, and the main criticism of Ubuntu ethics. Secondly, the application of Ubuntu ethics through African Indigenous Justice Systems will be covered, naming the features of Ubuntu that can be seen in the application of justice in the African setting, discussing the peace vs. justice discussion and why one value is emphasized more than another in AIJS, and how the traditional justice in Africa differs from the Western one.

Lastly, through the case study of Gacaca trials in post-genocide Rwanda, this essay seeks to demonstrate that the application of the traditional justice in the post-genocide society did what the Western legalistic system failed to do - it provided a more efficient way to distribute justice and made the healing of the wounds inflicted by the genocide easier by allowing the community to actively participate in the judicial decision-making process.

It is the opinion of this article that while the African Traditional Justice System has it's share of problems when applied in modern-day Africa, as the continent is embedded into the reality of the Westphalian state, each state being a part of the global international order, the Western model of justice is eroding the autonomy of the community which is a cornerstone of African society. However, the values of Ubuntu ethics persist, providing a strong basis for traditional African institutions. 

Conceptualization of Ubuntu

The word Ubuntu derives from the Bantu language group spoken widely across sub-Saharan Africa. It can be defined as "A quality that includes the essential human virtues; compassion and humanity" (Lexico, n.d.) and, according to Mugumbate and Nyanguru, is a homogenizing concept, a "backbone of African spirituality" in African ontology (2013). "Umuntu ngumuntu ngabantu" - a Zulu phrase meaning "a person is a person through other persons" is one of the widely spread interpretations of Ubuntu. 

In comparison with non-African philosophical thoughts, there can be found similarities between Ubuntu and the traditional Chinese as well as Western ethics, but when it comes to the modern Western way of thought, the contrast is striking. According to Lutz (2009), Confucian ethics, just like Ubuntu ethics, view the institution of family as a central building block of society. An Aristotelian tradition which prevailed in the Western world until Enlightenment had some characteristics similar to Ubuntu as well, namely the idea of Aristotle that human being is a social being and can only reach his true potential through the community (Aristotle, 350 B.C.E.). However, Thomas Hobbes had an opposite idea of human nature, claiming that the natural condition of man is solidarity (Hobbes, 1651). The values that still prevail in Ubuntu ethics, therefore, are rarely seen in modern liberal thought that prevails in the Western World and in the international order in general. According to Lutz (2009) "Reconciling self-realization and communalism is important because it solves the problem of moral motivation" which Western modern ethics have a hard time to answer. It can be argued, therefore, that Ubuntu has a lot to offer to the global ethical thought, especially in the world in which the Western ideas of individualism prevail and the values of community and collectivism are often forgotten.

Criticisms

However, while Ubuntu carries values that can contribute to global ethics, as a philosophical current it is heavily criticised. According to Metz (2011), there are three main reasons why Ubuntu receives criticism: firstly, it is considered vague as a philosophical thought and does not have a solid framework; secondly, it is feared that due to its collectivist orientation there is a danger of sacrificing individual freedoms for the sake of society; and lastly, it is thought that Ubuntu philosophy is applicable and useful only in traditional, but not modern society. 

When it comes to the reproach about the vagueness of Ubuntu as a philosophical thought, Thaddeus Metz examines six theoretical interpretations of the concept of Ubuntu:

U1: An action is right just insofar as it respects a person's dignity; an act is wrong to the extent that it degrades humanity.

U2: An action is right just insofar as it promotes the well-being of others; an act is wrong to the extent that it fails to enhance the welfare of one's fellows.

U3: An action is right just insofar as it promotes the well-being of others without violating their rights; an act is wrong to the extent that it either violates rights or fails to enhance the welfare of one's fellows without violating rights.

U4: An action is right just insofar as it positively relates to others and thereby realises oneself; an act is wrong to the extent that it does not perfect one's valuable nature as a social being.

U5: An action is right just insofar as it is in solidarity with groups whose survival is threatened; an act is wrong to the extent that it fails to support a vulnerable community.

U6: An action is right just insofar as it produces harmony and reduces discord; an act is wrong to the extent that it fails to develop community (Metz, 2007).

While arguing that the concept U4 is the most accepted in literature, Matz himself argues in favour of the concept U6 as the basis of the ethics is rooted not in the subject, but in the object (Metz, 2007).

The fear that Ubuntu tenants make people submissive to authority and collective goals, giving them a very strong identity that might result in violence against other groups originates, according to Lutz (2009), from a faulty understanding of Ubuntu. Even though the tribalism is pretty common in the African setting, it does not derive from the tenants of Ubuntu, but a corrupted idea of this ethical philosophy. Further criticism on the idea that collectivism might interfere with individual rights or liberties can also be denied quoting Lutz, who said that "Ethical theories that tell us we must choose between egoism and altruism, between self-love and love of others, between prudence and morality, or one's good and the common good are individualistic ethical theories" and therefore have nothing in common with ideas of Ubuntu, which, unlike the individualistic theories, reconciles the common and staff good and goals. 

The third objection, namely the question of whether Ubuntu ethics remain useful in the modern society which functions according to the Westphalian State model is challenged by Metz (2011). While it is true that Ubuntu developed in a traditional setting in which the value of human beings was based on the amount of communal life a human has lived (explaining the respect for the elders and the ancestors in African setting), a variant concept of dignity that in no way can be applied in a modern setting, there are still valuable ethical norms that can be thought by Ubuntu. Metz (2011) provides a concept of human dignity based on Ubuntu ideas, which, as he argues, can contribute to ethics in the modern African setting: "individuals have dignity insofar as they have communal nature, that is, the inherent capacity to exhibit identity and solidarity with others". 

The Ubuntu ethics in African Indigenous Justice System

The institutionalisation and centralisation of power in the hands of the Westphalian State takes away the power from the communities which are central to the lifestyle in Africa. However, the communal values have arguably persisted and continue to directly oppose the centralisation. While the Westphalian State model seems to be functioning in the West, there are many good reasons to believe that Africa must look for inspiration in local traditions and customs (Malisa & Nhengeze, 2018). Taking into consideration the Ubuntu values, it is not difficult to understand why institutionalisation has generally not been very successful in African setting (Mugumbate & Nyanguru, 2013), as a place where the community is morally obliged to take care of its members, there is little space for alienated institutions. 

Generally, two justice systems are operating alongside each other in many African societies: the state-administered justice system and the African Indigenous Justice System (AIJS). According to Elechi, Morris & Schauer, the litigants can choose between the state tribunal and AIJS, and can apply to be judged by the state if they do not agree with the sentence of the AIJS (Elechi, Morris, & Schauer, 2010). However, Ubuntu values emphasise the concept of reconciliation: "African political philosophy responds easily and organically to the demands for the reconciliation as a means of restoring the equilibrium of the flow of life when its disturbed" (Nabudere, 2005). As the national court interventions often disharmonize the community by applying the "winner takes it all" approach, and are sometimes considered to be corrupt, there is a strong tendency for the communities to insist on bringing the offender to the AIJS tribunal (Elechi, Morris, & Schauer, 2010).

African Indigenous Justice System is a great example of Ubuntu values in action. The system operates on the cultural norm that important decision should be reached by consensus of the whole group as opposed to the majority opinion. AIJS is characterised by features such as the focus on the effects the offence had on victims and the community, the involvement of the litigants in the active definition of harms and the resolution of the trial, the localisation and decentralisation of authority, the importance of the restoration of harm, the property or relationship, the understanding that the offender might be a victim of the socioeconomic conditions; with the main objective of the justice system being the restoration of relationships, healing, and reconciliation in the community (Elechi, Morris, & Schauer, 2010). Underlying this system is the concept of Ubuntu, which "leads to a way of dealing with the social problems which are very different from the Western legalistic, rule-based system which had become the global default" (Baggini, 2018).

One of the reasons why AIJS can be considered exemplary is its ability to avoid the alienation of the Western courts in which the victim, the offender, and everybody else seem to be represented, but neither victim nor offender can directly participate in the decision making. The system which emphasises reconciliation and in which the community is in charge of the process is arguably much more effective in the African setting, where communities are generally familiar and close-knit. As the offender is still considered a part of the community and is still expected to contribute to its surroundings in the future, the participation in the trial and the decision making is important to the reconciliation: "unlike adjudicated justice, negotiated justice is not a winner take it all justice. Resolution can be reached where the offender, the community, and the victim are each partially wrong" (Elechi, Morris, & Schauer, 2010). As there is very little hope for an offender to be reintegrated into a close community without forgiving and forgiveness from both parties, this type of approach is pivotal.

Another interesting feature of AIJS is the assumption that the offender is not inherently bad in himself, but is primarily a marginalised victim, who does not have the same opportunities as other members of the community to participate in the economic, political, and social aspects of the group, and who can be made right if both the offender and the community make effort (Elechi, Morris, & Schauer, 2010). This concept differs from the Western Hobbesian idea of human beings being inherently corrupt and is much closer to traditional Western Aristotelian ethics. What makes the African concept different, however, is the focus which is not on the virtue of the person himself, but rather on the relationship the offender has with his family and community which, although violated by the offence, can and should be rebuilt by amendments (Elechi, Morris, & Schauer, 2010).

The Gacaca Trials

The Gacaca trials are the state-administered structure which uses communities (around a thousand of them) as a basis for judicial forums (Meyerstein, 2007). They were introduced by the Rwandan government as an alternative to national justice after the Rwandan genocide.

During the colonial times, Rwanda was indirectly ruled by the colonisers through local authorities, namely the Tutsi minority (Uvin, 1999). The Hutu majority were considered second class citizens and by the time of independence were holding deep grievances. The Rwandan Revolution of 1959-1961 overthrew the monarchy and the ruling Tutsi elite. After the independence from the colonial regime, Rwanda was ruled by the Party of Hutu Emancipation Movement, which was supported by the international community on the grounds of the idea that the government is legitimate as it represents the majority of the population - the Hutu (ibid.) During the period of transition, ethnic violence against Tutsi, forcing many of them to leave the country, happened (Rettig, 2008). In 1990 the Rwandan Patriotic Army composed mostly by the Tutsi exiles invaded Rwanda from neighbouring Uganda (ibid.) The incumbent government harnessed the already pre-existing ethnic to unite the Hutu population to fight against the Tutsi rebels. The strategy included finding a scapegoat in an internal Tutsi population that continued to live in Rwanda (Uvin, 1999). The genocide which soon followed took lives of 500,000 to 800,000 people between April and July of the year 1994 when the total population at the time is estimated to have been around 8 million (Drumbl, 2020). More than 100,000 people were accused and waited in detention for trials, creating a great burden on a Rwandan county (Schabas, 2005).

According to Meyerstein (2007), the Gacaca trials were a response to the failure of the Western-styled nation court to process all the suspects of the genocide. Gacaca trials were based on indigenous local justice, with Ubuntu ethics being an underlying element of the system. The trials were traditionally informal, organic, and patriarchal, but the Rwandan government modernised the indigenous justice system by establishing an organisational structure, and, among other things, making the participation of women a requirement (Drumbl, 2020). 

The application of Gacaca trails to do justice after the genocide was not always well received by the international community. The trials received criticism for not complying with the international standards for the distribution of justice. For example, Amnesty International invoked Article 14 of the ICCPR and stated that Gacaca trials violated the right of the accused to be presumed innocent and to the free trial (Meyerstein, 2007). There are, undoubtedly, many problems that can be assigned to the system of Gacaca when it comes to the strict norms of the international norms. 

The judges are drawn from the community and arguably lack the official legal training, the punitive model of the trials that arguably have served for many as an opportunity for staff revenge, and the aforementioned lack of legal protection for the accused are a few of many problems faced by the Gacaca trials (Rettig, 2008). Furthermore, the Gacaca trials excluded the war criminals from the prosecution - there were many cases of the killings of Hutu civilians by Tutsis that formed the part of the Rwandan Patriotic Front army (Corey & Joireman, 2004). This was seen by many as a politicised application of justice, in which, by creating two separate categories of criminals - the crimes of war by the Tutsis that were not the subject of Gacaca and the crimes of the genocide by the Hutus that were dealt with by the trials - the impunity and high moral ground was granted for the Tutsi (ibid). This attitude might bring results that are contrary to the initial goal of the community-based justice - not the reconciliation of the people, but the further division of the society along the ethnic lines. 

However, while the criticism of the Gacaca trials is completely valid, it is also important to understand, that given the limited amount of resources and time, the goal of bringing justice to the victims of the genocide is an incredibly complex mission. In the context of the deeply wounded, post-genocidal society in which the social capital was almost non-existent, the ultimate goal, while having justice as a high priority, was first of all based on Ubuntu ethics and focused more on peace, retribution, and social healing. The utopian perfectness expected by the international community was nearly impossible, and the Gacaca trials met the goal of finding the best possible solutions in the limits of available resources. Furthermore, the criticism of international community often seemed to stem not so much from the preoccupation for the Rwandan citizens, as from the fact that a different approach to justice threatens the homogenising concept of human rights "which lashes out to squash cultural difference and legal pluralism by criticising the Gacaca for failures to approximate canonised doctrine" (Meyerstein, 2007).

While it is true that even Rwandan citizens often saw Gacaca as problematic, whether the problems perceived by them were similar to those criticised by the international community is dubious. For example, Rwanda's Supreme Court's response to the international criticism was the provision of approach to human rights which, while not denying their objectivity, also advocates for the definition that better suits the local culture and unique circumstances of post-genocide Rwanda (Supreme Court of Rwanda, 2003). After all, the interventions from the part of the Western world on behalf of the universal values have arguably created more violence historically than the defended values should ever allow. The acceptance that Gacaca trials, while imperfect, contributed positively to the post-genocide Rwandan society has the grave implications that human rights are ultimately a product of negotiation between global and local actors" (Meyerstein, 2007) which the West has always refused to accept. However, it is the opinion of this article that exactly the opposite attitude, namely that of better intercultural understanding and the search for the solutions that are not utopian but fit in the margins of the possibilities of a specific society, are the key to both the efficiency and the fairness of a justice system. 

Conclusion

The primary end of the African Indigenous Justice System is to empower the community and to foster reconciliation through a consensus that is made by the offenders, the victims, and the community alike. It encourages to view victims as people who have valuable relationships: they are someone's daughters, sons, fathers - they are important members of society. Ubuntu is the underlying basis of the Indigenous Justice System and African ethnicity in general. While the AIJS seems to be functioning alongside the state's courts, in the end, the centralization and alienation from the community are undermining these traditional values that flourish in the African setting. The Western legalistic system helps little when it comes to the main goal of justice in Africa - the reconciliation of the community, and more often than not only succeeds in creating further discord. While the criticism of Gacaca trials was undoubtedly valid, it often stemmed from the utopian idealism that did not take the actual situation of a post-genocide Rwanda into consideration or the Western universalism, which was threatened by the introduction of a justice system that in many ways differs from the positivist standard. It is the opinion of this article, therefore, that more autonomy should be granted to the communities that are the basic building blocks of most of the African societies, with the traditional values of Ubuntu being the basis of the African social institutions.

 

REFERENCES

Lexico. (n.d.). Lexicon. Retrieved from https://www.lexico.com/definition/ubuntu

Mugumbate, J., & Nyanguru, A. (2013). Exploring African Philosophy: The Value of Ubuntu in Social Work. African Journal of Social Work, 82-100.

Metz, T. (2011). Ubuntu as a moral theory and human rights in South Africa. African Human Rights Law Journal, 532-559.

Metz, T. (2007). Towards an African Moral Theory. The Journal of Political Philosophy.

Lutz, D. W. (2009). African Ubuntu Philosophy and Global Management. Journal of Business Ethics, 313-328.

Hobbes, T. (1651). Leviathan.

Aristotle. (350 B.C.E.). Politics.

Malisa, M., & Nhengeze, P. (2018). Pan-Africanism: A Quest for Liberation and the Pursuit of a United Africa. Genealogy.

Elechi, O., Morris, S., & Schauer, E. (2010). Restoring Justice (Ubuntu): An African Perspective. International Criminal Justice Review.

Baggini, J. (2018). How the World Thinks: A Global History of Philosophy. London: Granta Books.

Meyerstein, A. (2007). Between Law and Culture: Rwanda's Gacaca and Postolocial Legality. Law & Social Inquiry.

Corey, A., & Joireman, S. (2004). African Affairs. Retributive Justice: the Gacaca Courts in Rwanda.

Nabudere, D. W. (2005). Ubuntu Philosophy. Memory and Reconciliation. Texas Scholar Works, University of Texas Library.

Rettig, M. (2008). Gacaca: Truth, Justice, and Reconciliation in Postconflict Rwanda? African Studies Review.

Supreme Court of Rwanda. (2003). Developments on the subject of the report and different correspondences of Amnesty International. Départements des Jurisdictions Gacaca.

Drumbl, M. A. (2020). Post-Genocide Justice in Rwanda. Journal of International Peacekeeping.

Uvin, P. (1999). Ethnicity and Power in Burundi and Rwanda: Different Paths to Mass Violence. Comparative Politics, 253-271.

Schabas, W. A. (2005). Genocide Trials and Gacaca Courts. Journal of International Criminal Justice, 879-895.

▲ Revolutionary Guard Commando Naval Exercises in the Strait of Hormuz in 2015 [Wikipedia].

essay / Ana Salas Cuevas

The Islamic Republic of Iran, also known as Persia, is a country of great geopolitical importance. It is a regional power not only because of its strategic location, but also because of its vast hydrocarbon resources, which make Iran the fourth largest country in terms of proven oil reserves and the first in terms of gas reserves[1].

We are talking about one of the most important countries in the world for three main reasons. The first, mentioned above, is its immense oil and gas reserves. entrance Secondly, because Iran controls the Strait of Hormuz, which is the key to the Persian Gulf and through which most of the hydrocarbon exports of Iran, Saudi Arabia, Iraq, the United Arab Emirates, Kuwait, Qatar and Bahrain pass[2]. 2] And lastly, because of the nuclear programme in which it has invested so many years.

The Iranian republic is based on the principles of Shia Islam, although there is great ethnic diversity in its society. It is therefore essential to take into account the great "strength of Iranian nationalism" in order to understand its politics. By appealing to its dominant position over other countries, the Iranian nationalist movement aims to influence public opinion. Nationalism has been building for more than 120 years, since the Tobacco Boycott of 1891[4] was a direct response to outside intervention and pressure, and today aims to achieve hegemony in the region. Iran's foreign and domestic policies are a clear expression of this movement[5].

Proxy armies (proxy armies)

War by proxy is a war model in which a country uses third parties to fight or influence a given territory, rather than engaging directly. As David Daoud points out, in Lebanon, Iraq, Yemen and Syria, 'Tehran has perfected the art of gradually conquering a country without replacing its flag'[6]. The Iranian Islamic Revolutionary Guard (IRGC) is directly involved in this task, militarily training or favouring the forces of other countries.

The GRI was born with the Islamic Revolution led by Ayatollah Ruhollah Khomeini, in order to maintain the achievements of the movement[7]. 7] It is one of the main political and social actors in the country. It has a great capacity to influence national political debates and decisions. It is also the owner of numerous companies in the country, which guarantees it its own funding source and reinforces its character as an internal power. It is an independent body from the armed forces, and the appointment of its senior officers depends directly on the Leader of the Revolution. Among its objectives is the fight against imperialism, and it expressly commits itself to trying to rescue Jerusalem and return it to the Palestinians[8]. 8] Their importance is crucial to the regime, and any attack on these bodies represents a direct threat to the Iranian government.

Iran's relationship with the Muslim countries around it is marked by two main facts: on the one hand, its Shiite status; on the other, the pre-eminence it has achieved in the past in the region[10]. 10] Thanks to the fact that its external action is supported by the Islamic Revolutionary Guard, Iran has managed to establish strong links with political and religious groups throughout the Middle East. From there, Iran uses a variety of means to strengthen its influence in different countries. Firstly, by using soft power tools. Thus, among other actions, Iran has participated in the reconstruction of mosques and schools in countries such as Lebanon and Iraq[11]. 11] In Yemen, it has provided logistical and economic aid to the Houthi movement. In 2006, it was involved in the reconstruction of South Beirut.

However, the methods used by these forces go to other extremes, moving towards more intrusive(hard power) mechanisms. For example, following the 1982 Israeli invasion of Lebanon, Iran has established a foothold there over three decades, with Hezbollah as a proxy, taking advantage of complaints about the disenfranchisement of the Shia community. This course of action has allowed Tehran to promote its Islamic Revolution abroad[12].

In Iraq, the GRI sought to destabilise Iraq internally by supporting Shiite factions such as the Badr organisation during the Iranian-Iraqi war of the 1980s. Iran, on the other hand, involved the GRI in Saddam Hussein's uprising in the early 1990s. Through this subject of influences and embodying the proxy army paradigm, Iran has been establishing very direct influence over these places. Even in Syria, this elite Iranian corps is highly influential, supporting the Assad government and the Shia militias fighting alongside it.

For its part, Saudi Arabia accuses Iran and its Guard of supplying arms in Yemen to the Houthis (a movement that defends the Shiite minority), generating a major escalation of tension between the two countries.

The GRI has thus established itself as one of the most important factors in the Middle East landscape, driving the struggle between two opposing camps. However, it is not the only one. In this way, we find a "cold war" scenario, which ends up transcending and becoming an international focus. On the one hand, Iran, supported by powers such as Russia and China. On the other, Saudi Arabia, supported by the US. This conflict is developing, to a large extent, in an unconventional manner, through proxy armies such as Hezbollah and the Shiite militias in Iraq, Syria and Yemen[14].

Causes of confrontation

Tensions between Saudi Arabia and Iran have spread throughout the Middle East (and beyond), creating two distinct camps in the Middle East, both seeking to claim hegemony in the region.

To interpret this scenario and better understand civil service examination it is important, first of all, to distinguish between two opposing ideological currents: Shiism and Sunnism (Wahhabism). Wahhabism is an extreme right-wing Muslim religious tendency of the Sunni branch, which is today the majority religion in Saudi Arabia. Shi'ism, as previously mentioned, is the current on which the Republic of Iran is based. However, as we shall see, the struggle between Iran and Saudi Arabia is political, not religious; it is based more on ambition for power than on religion.

Secondly, the control of oil trafficking is another cause of this rivalry. To understand this reason, it is worth bearing in mind the strategic position that the countries of the Middle East play on the global map, as they are home to the world's largest hydrocarbon reserves. issue A large number of contemporary struggles are in fact due to the interference of the major powers in the region, seeking to play a role in these territories. Thus, for example, the 1916 Sykes-Picot[15] agreement for the distribution of European influences continues to condition current events. Both Saudi Arabia and Iran, as we have said, have a special role to play in these confrontations, for the reasons described above.

Under these considerations, it is important to note, thirdly, the involvement in these tensions of external powers such as the United States.

The effects of the Arab Spring have weakened many countries in the region. Not so Saudi Arabia and Iran, which in recent decades have sought to consolidate their position as regional powers, largely thanks to the support provided by their oil production and large oil reserves. The differences between the two countries are reflected in the way they seek to shape the region and the different interests they pursue. In addition to the ethnic differences between Iran (Persians) and Saudi Arabia (Arabs), their alignment on the international stage is also opposite. Wahhabism presents itself as anti-American, but the Saudi government is aware of its need for US support, and the two countries have a reciprocal convenience, with oil as a basis. The same is not true of Iran.

Iran and the US were close allies until 1979. The Islamic Revolution changed everything and since then, with the hostage crisis at the US embassy in Tehran as a particularly dramatic initial moment, tensions between the two countries have been frequent. The diplomatic confrontation has become acute again with President Donald Trump's decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA), signed in 2015 for Iran's nuclear non-proliferation, with the consequent resumption of economic sanctions against Iran. Moreover, in April 2019, the United States placed the Revolutionary Guard on its list of terrorist organisations[16], holding Iran responsible for financing and promote terrorism as a government tool [17].

On the one side, then, are the Saudis, supported by the US and, within the region, by the United Arab Emirates, Kuwait, Bahrain and Israel. On the other side are Iran and its allies in Palestine, Lebanon (pro-Shiite side) and recently Qatar, to which Syria and Iraq (Shiite militias) could be added. Tensions increased after the death of Qasem Soleimani in January 2020. In the latter camp we could highlight the international support of China and Russia, but little by little we can observe a distancing of relations between Iran and Russia.

When talking about the struggle for hegemony in the control of oil trafficking, it is essential to mention the Strait of Hormuz, the crucial geographical point of this conflict, where both powers are directly confronted. This strait is a strategic area located between the Persian Gulf and the Gulf of Oman. Forty percent of the world's oil passes through it[18]. Control of these waters is obviously decisive in the confrontation between Saudi Arabia and Iran, as well as for any of the members of the Organisation of the Petroleum Exporting Countries of the Middle East (OPEC) in the region: Iran, Saudi Arabia, Iraq, the United Arab Emirates and Kuwait.

One of the objectives of Washington's economic sanctions against Iran is to reduce its exports in order to favour Saudi Arabia, its largest regional ally. To this end, the US Fifth Fleet, based in Bahrain, is tasked with protecting commercial shipping at area.

The Strait of Hormuz "is the escape valve Iran uses to relieve pressure from outside the Gulf" [19]. From here, Iran tries to react to economic sanctions imposed by the US and other powers; it is this that gives it a greater voice on the international stage, as it has the ability to block the strategic passage. Recently there have been attacks on oil tankers from Saudi Arabia and other countries[20], which causes great economic and military destabilisation with each new episode[21].  

At final, the skill between Iran and Saudi Arabia has an effect not only regionally but also globally. The conflicts that could erupt in this area are increasingly reminiscent of a familiar Cold War, both in terms of the methods on the battlefront (and the incidence of proxy armies on this front), and the attention it requires for the rest of the world, which depends on this result, perhaps more than it is aware of.

Conclusions

For several years now, a regional confrontation has been building up that also involves the major powers. This struggle transcends the borders of the Middle East, similar to the status unleashed during the Cold War. Its main actors are the proxy armies, which are driving struggles through non-state actors and unconventional methods of warfare, constantly destabilising relations between states, as well as within states themselves.

To avoid the fighting in Hormuz, countries such as Saudi Arabia and the United Arab Emirates have tried to transport oil in other ways, for example by building pipelines. This tap is held by Syria, through which the pipelines must pass in order to reach Europe). In the end, the Syrian war can be seen from many perspectives, but there is no doubt that one of the reasons for the meddling of extra-regional powers is the economic interest in the Syrian coastline.

From 2015 to the present, Yemen's civil war has been raging in silence. At stake are strategic issues such as control of the Mandeb Strait. Behind this terrible war against the Houthis(proxies), there is a latent fear that the Houthis will take control of access to the Red Sea. In this sea and close to the strait is Djibouti, where the major powers have installed instructions to better control the area.

The most affected power is Iran, which sees its Economics weakened by constant economic sanctions. The status affects a population oppressed both by its own government and by international pressure. The government itself ends up misinforming society, leading to a great mistrust of the authorities. This leads to growing political instability, which manifests itself in frequent protests.

The regime has publicised these demonstrations as protests against US actions, such as the assassination of General Soleimani, without mentioning that many of these revolts are due to widespread civilian discontent over the serious measures taken by Ayatollah Khamenei, who is more focused on pursuing hegemony in the region than on resolving internal problems.

Thus, it is often difficult for the majority of the world to realise the implications of these confrontations. Indeed, the use of proxy armies should not distract us from the fact of the real involvement of major powers in the West and East (in true Cold War fashion). Nor should the alleged motives for keeping these fronts open distract us from the true incidence of what is really at stake: none other than the global Economics .

Logo of Pakistan's Inter-Services Intelligence organization. It depicts Pakistan's national animal, Markhor, eating a snake [Wikipedia].

ESSAY / Manuel Lamela

Jihadism continues to be one of the main threats Pakistan faces. Its impact on Pakistani society at the political, economic and social levels is evident, it continues to be the source of greatest uncertainty, which acts as a barrier to any company that is interested in investing in the Asian country. Although the situation concerning terrorist attacks on national soil has improved, jihadism is an endemic problem in the region and medium-term prospects are not positive. The atmosphere of extreme volatility and insistence that is breathed does not help in generating confidence. If we add to this the general idea that Pakistan's institutions are not very strong due to their close links with certain radical groups, the result is a not very optimistic scenario. In this essay, we will deal with the current situation of jihadism in Pakistan, offering a multidisciplinary approach that helps to situate itself in the complicated reality that the country is experiencing.

 

 

 

1. Jihadism in the region, a risk assessment

Through this graph, we will analyze the probability and impact of various risk factors concerning jihadist activity in the region. All factors refer to hypothetical situations that may develop in the short or medium term. The increase in jihadist activity in the region will depend on how many of these predictions are fulfilled.

Risk Factors:

A1: US-Taliban treaty fails, creating more instability in the region. If the United States is not able to make a proper exit from Afghanistan, we may find ourselves in a similar situation to that experienced during the 1990s. Such a scenario will once again plunge the region into a fierce civil war between government forces and Taliban groups. The proposed scenario becomes increasingly plausible if we look at the recent American actions regarding foreign policy.

A2: Pakistan two-head strategy facing terrorism collapse. Pakistan's strategy in dealing with jihadism is extremely risky, it's collapse would lead to a schism in the way the Asian state deals with its most immediate challenges. The chances of this strategy failing in the medium term are considerably high due to its structure, which makes it unsustainable over the time.

R3: Violations of the LoC by the two sides in the conflict. Given the frequency with which these events occur, their impact is residual, but it must be taken into account that it in an environment of high tension and other factors, continuous violations of the LoC may be the spark that leads to an increase in terrorist attacks in the region.

R4: Agreement between the afghan Taliban and the government. Despite the recent agreement between Ashraf Ghani and Abdullah Albduallah, it seems unlikely that he will be able to reach a lasting settlement with the Taliban, given the latter's pretensions. If it is true that if it happens, the agreement will have a great impact that will even transcend Afghan borders.

R5: Afghan Taliban make a coup d'état to the afghan government. In relation to the previous point, despite the pact between the government and the opposition, it seems likely that instability will continue to exist in the country, so a coup attempt by the Taliban seems more likely than a peaceful solution in the medium or long term

R6: U.S. Democrat party wins the 2020 elections. Broadly speaking, both Republican and Democratic parties are betting on focusing their efforts on containing the growth of their great rival, China.

R7: U.S. withdraw its troops from Afghanistan regarding the result of the peace process. This is closely related to the previous point as it responds to a basic geopolitical issue.

R8: New agreement between India and Pakistan regarding the LoC. If produced, this would bring both states closer together and help reduce jihadist attacks in the Kashmir region. However, if we look at recent events, such a possibility seems distant at present.

 

 

2. The ties between the ISI and the Taliban and other radical groups

Pakistan's Inter-Services Intelligence (ISI) has been accused on many occasions of being closely linked to various radical groups; for example, they have recently been involved with the radicalization of the Rohingya refugees in Bangladesh[1]. Although Islamabad continues strongly denying such accusations, reality shows us that cooperation between the ISI and various terrorist organisations has been fundamental to their proliferation and settlement both on national territory and in the neighbouring states of India and Afghanistan. The West has not been able to fully understand the nature of this relationship and its link to terrorism. The various complaints to the ISI have been loaded with different arguments of different kinds, lacking in unity and coherence. Unlike popular opinion, this analysis will point to the confused and undefined Pakistani nationalism as the main cause of this close relationship.

The Directorate for Inter-Services Intelligence, together with the Intelligence Bureau and the Military Intelligence, constitute the intelligence services of the Pakistani State, the most important of which is the ISI. ISI can be described as the intellectual core and center of gravity of the army. Its broad functions are the protection of Pakistan's national security and the promotion and defense of Pakistan's interests abroad. Despite the image created around the ISI, in general terms its activities and functions are based on the same "values" as other intelligence agencies such as the MI6, the CIA, etc. They all operate under the common ideal of protecting national interests, the essential foundation of intelligence centers without which they are worthless. We must rationalize their actions on the ground, move away from inquisitive accusations and try to observe what are the ideals that move the group, their connection with the government of Islamabad and the Pakistani society in general.

2.1. The Afghan Taliban

To understand the idiosyncrasy of the ISI we must go back to the war in Afghanistan[2], it is from this moment that the center begins to build an image of itself, independent of the rest of the armed forces. From the ISI we can see the victory of the Mujahideen on Afghan territory as their own, a great achievement that shapes their thinking and vision. But this understanding does not emerge in isolation and independently, as most Pakistani society views the Afghan Taliban as legitimate warriors and defenders of an honourable cause[3]. The Mujahideen victory over the USSR was a real turning point in Pakistani history, the foundation of modern Pakistani nationalism begins from this point. The year 1989 gave rise to a social catharsis from which the ISI was not excluded.

Along with this ideological component, it is also important to highlight the strategic aspect; we are dealing with a question of nationalism, of defending patriotic interests. Since the emergence of the Taliban, Pakistan has not hesitated to support them for major strategic reasons, as there has always been a fear that an unstable Afghanistan would end up being controlled directly or indirectly by India, an encirclement strategy[4]. Faced with this dangerous scenario, the Taliban are Islamabad's only asset on the ground. It is for this reason, and not only for religious commitment, that this bond is produced, although over time it is strengthened and expanded. Therefore, at first, it is Pakistani nationalism and its foreign interests that are the cause of this situation, it seeks to influence neighbouring Afghanistan to make the situation as beneficial as possible for Pakistan. Later on, when we discuss the situation of the Taliban on the national territory, we will address the issue of Pakistani nationalism and how its weak construction causes great problems for the state itself. But on Afghan territory, from what has been explained above, we can conclude that this relationship will continue shortly, it does not seem likely that this will change unless there are great changes of impossible prediction. The ISI will continue to have a significant influence on these groups and will continue its covert operations to promote and defend the Taliban, although it should be noted that the peace treaty between the Taliban and the US[5] is an important factor to take into account, this issue will be developed once the situation of the Taliban at the internal level is explained.

2.2. The Pakistani Taliban (Al-Qaeda[6] and the TTP)

The Taliban groups operating in Pakistan are an extension of those operating in neighbouring Afghanistan. They belong to the same terrorist network and seek similar objectives, differentiated only by the place of action. Despite this obvious similarity, from Islamabad and increasingly from the whole of Pakistani society, the two groups are observed in a completely different way. On the one hand, as we said earlier, for most Pakistanis, the Afghan Taliban are fighting a legitimate and just war, that of liberating the region from foreign rule. However, groups operating in Pakistan are considered enemies of the state and the people. Although there was some support among the popular classes, especially in the Pashtun regions, this support has gradually been lost due to the multitude of atrocities against the civilian population that have recently been committed. The attack carried out by the Tehrik-i-Taliban Pakistan (TTP)[7] in the Army Public School in Peshawar in the year 2014 generated a great stir in society, turning it against these radical groups. This duality marks Pakistan's strategy in dealing with terrorism both globally and internationally. While acting as an accomplice and protector of these groups in Afghanistan, he pursues his counterparts on their territory. We have to say that the operations carried out by the armed forces have been effective, especially the Zarb-e-Azb operation carried out in 2014 in North Waziristan, where the ISI played a fundamental role in identifying and classifying the different objectives. The position of the TTP in the region has been decimated, leaving it quite weakened. As can be seen in this scenario, there is no support at the institutional level from the ISI[8], as they are involved in the fight against these radical organisations. However, on an individual level if these informal links appear. This informal network is favoured by the tribal character of Pakistani society, it can appear in different forms but often draw on ties of Kinship, friendship or social obligation[9]. Due to the nature of this type of relationship, it is impossible to know to what extent the ISI's activity is conditioned and how many of its members are linked to Taliban groups. However, we would like to point out that these unions are informal and individual and not institutional, which provides a certain degree of security and control, at least for the time being, the situation may vary greatly due to the lack of transparency.

2.3. ISI and the radical groups that operate in Kashmir

Another part of the board is made up of the radical groups that focus their terrorist attention on the conflict with India over control of Kashmir, the most important of which are: Lashkar-e-Taiba (Let) and Jaish-e-Mohammed (JeM). Both groups have committed real atrocities over the past decades, the most notorious being the one committed by LeT in the Indian city of Mumbai in 2008. There are numerous testimonies, in particular, that of the American citizen David Haedy, which point to the cooperation of the ISI in carrying out the aforementioned attack.[10]

Recently, Hafiz Saeed, founder of Let and intellectual planner of the bloody attack, was arrested. The news generated some turmoil both locally and internationally and opened the discussion as to whether Pakistan had finally decided to act against the radical groups operating in Kashmir. We are once again faced with a complex situation, although the arrest shows a certain amount of willpower, it is no more than a way of making up for the situation and relaxing international pressure. The above coincides with the FATF's[11] assessment of Pakistan's status within the institution, which is of great importance for the short-term future of the country's economy. Beyond rhetoric, there is no convincing evidence that suggests that Pakistan has made a move against those groups. The link and support provided by the ISI in this situation are again closely linked to strategic and ideological issues. Since its foundation, Pakistani foreign policy has revolved around India[12], as we saw on the Afghan stage. Pakistani nationalism is based on the maxim that India and the Hindus are the greatest threat to the future of the state. Given the significance of the conflict for Pakistani society, there has been no hesitation in using radical groups to gain advantages on the ground. From Pakistan perspective, it is considered that this group of terrorists are an essential asset when it comes to putting pressure on India and avoiding the complete loss of the territory, they are used as a negotiating tool and a brake on Indian interests in the region.

As we can see, the core between the ISI and certain terrorist groups is based on deep-seated nationalism, which has led both members of the ISI and society, in general, to identify with the ideas of certain radical groups. They have benefited from the situation by bringing together a huge amount of power, becoming a threat to the state itself. The latter has compromised the government of Pakistan, sometimes leaving it with little room for maneuver. The immense infrastructure and capacity of influence that Let has thanks to its charitable arm Jamaat-ud-Dawa, formed with re-localized terrorists, is a clear example of the latter. A revolt led by this group could put Islamabad in a serious predicament, so the actions taken both in Kashmir and internally to try to avoid the situation should be measured very well. The existing cooperation between the ISI and these radical groups is compromised by the development of the conflict in Kashmir, which may increase or decrease depending on the situation. What is certain, because of the above, is that it will not go unnoticed and will continue to play a key role in the future. These relationships, this two-way game could drag Pakistan soon into an internal conflict, which could compromise its very existence as a nation.

▲ Gurdwara Darbar Sahib Kartarpur, also called Kartarpur Sahib, is a Sikh holy place in Kartarpur, in the Pakistani Punjab [Wikimedia Commons].

ESSAY / Pablo Viana

Punjab region has been part of India until the year 1947, when the Punjab province of British India was divided in two parts, East Punjab (India) and West Punjab (Pakistan) due to religious reasons. After the division a lot of internal violence occurred, and many people were displaced.

East and West Punjab

The partition of Punjab proved to be one of the most violent, brutal, savage debasements in the history of humankind. The undivided Punjab, of which West Punjab forms a major region today, was home to a large minority population of Punjabi Sikhs and Hindus unto 1947 apart from the Muslim majority[1]. This minority population of Punjabi Sikhs called for the creation of a new state in the 1970s, with the name of Khalistan, but it was detained by India, sending troops to stop the militants. Terrorist attacks against the Sikh majority emerged, by those who did not accept the creation of the state of Khalistan and wished to stay in India.

The Sikh population is the dominant religious ethnicity in East Punjab (58%) followed by the Hindu (39%). Sikhism and Islamism are both monotheistic religions, they do believe on the same concept of God, although it is different on each religion. Sikhism was developed during the 16th and 17th century in the context of conflict in between Hinduism and Islamism. It is important to mention Sikhism if we talk about Punjab, as its origins were in Punjab, but most important in recent times, is that the Guru Nanak Dev[2] was buried in Pakistani territory. Four kilometres from the international border the Sikh shrine was conceded to Pakistan at the time of British India's Partition in 1947. For followers of Sikhism this new border that cut through Punjab proved especially problematic. Sikhs overwhelmingly chose India over the newly formed Pakistan as the state that would best protect their interests (there are an estimated 50,000 Sikhs living in Pakistan today, compared to the 24 million in India). However, in making this choice, Sikhs became isolated from several holy sites, creating a religious disconnection that has proved a constant spiritual and emotional dilemma for the community[3].

In order to let the Sikhist population visit the Gurdwara Darbar Sahib[4], the Kartarpur Corridor was created in November 2019. However, there is an incessant suspicion in between India and Pakistan that question Pakistan motives. Although it seems like a generous move work of the Pakistani government, there is a clear perception that Pakistan is engaged in an act of deception[5]. Thus, although this scenario might seem at first beneficial for the rapprochement of East and West Punjab, it is not at all. Pakistan is involved in a rhetorical policy which could end up worsening its relations with India.

The division of Punjab in 1947 was like the division of Pakistan and India on that same year. Territorial disputes have been an issue that defines very well India-Pakistan relations since the independence. In the case of Punjab, there has not been a territorial discussion. The division was clear and has been respected ever since. Why would Pakistan and/or India be willing to unify Punjab? There is no reason. East and West Punjab represent two different nations and three religions. If we think about reunifying Pakistan and India, the conclusion is the same (although more dramatic); too many discrepancies and recent unrest to think about bringing back together the nations. However, if the Kartarpur Corridor could be placed out of bonds for the territorial disputes between Pakistan and India (e.g. Kashmir), Islamabad and New Delhi could use this situation as a model to find out which are the pressure points and trying to find a path for identifying common solutions. In order to achieve this, there should be a clear behaviour by both parties of cooperation. Sadly, in recent times both Pakistan and India have discrepancies regarding many topics and suspicious behaviours that clearly show that they won't be interested in complicating more the situation in Punjab searching for unification. The riots of 1947 left a terrific era on the region and now that both sides are established and no major disputes have emerged (except for Sikh nationalism), the situation should and will most likely remain as it is.

The Indus Water Treaty

The Indus Waters Treaty was signed in 1960 after nine years of negotiations between India and Pakistan with the help of the World Bank, which is also a signatory. Seen as one of the most successful international treaties, it has survived frequent tensions, including conflict, and has provided a framework for irrigation and hydropower development for more than half a century. The Treaty basically provides a mechanism for exchange of information and cooperation between Pakistan and India regarding the use of their rivers. This mechanism is well known as the Permanent Indus Commission. The Treaty also sets forth distinct procedures to handle issues which may arise: "questions" are handled by the Commission; "differences" are to be resolved by a Neutral Expert; and "disputes" are to be referred to a seven-member arbitral tribunal called the "Court of Arbitration." As a signatory to the Treaty, the World Bank's role is limited and procedural[6].    

Since 1948, India has been confident on the fact that East Punjab and the acceding states have a prior and superior claim to the rivers flowing through their territory. This leaves West Punjab in disadvantage regarding water resources, as East Punjab can access the highest sections of the rivers. Even under a unified control designed to ensure equitable distribution of water, in years of low river flow cultivators on tail distributaries always tended to accuse those on the upper reaches of taking an undue amount of the water, and after partition any temporary shortage, whatever the cause, could easily be attributed to political motives. It was therefore wise of Pakistan-indeed it became imperative-to cut the new feeder from the Ravi for this area and thus become independent of distributaries in East Punjab[7]. The Treaty acknowledges the control of the eastern rivers to India, and to the western rivers to Pakistan.

The main issue of water distribution in between East and West Punjab is then a matter of geography. Even though West Punjab covers more territory than East Punjab, and the water flow of West Punjab is almost three times the water flow of East Punjab rivers, the Indus Water Treaty gives the following advantage to India: since Pakistan rivers receive much more water flow from India, the treaty allowed India to use western rivers water for limited irrigation use and unlimited use for power generation, domestic, industrial and non-consumptive uses such as navigation, floating of property, fish culture and this is where the disputes mainly came from, as Pakistan has objected all Indian hydro-electric projects on western rivers irrespective of size and layout.

It is worth mentioning that with the World Bank mediating the Treaty in between India and Pakistan, the water access will not be curtailed, and since the ratification of the Treaty, India and Pakistan have not engaged in any water wars. Although there have been many tensions the disputes have been via legal procedures, but they haven't caused any major cause for conflict. Today, both countries are strengthening their relationship, and the scenario is not likely to get worse, it is actually the opposite, and the Indus Water Treaty is one of the few livelihoods of the relationship. If the tensions do not cease, the World Bank should consider the possibility of amending the treaty, obviously if both Pakistan and India are willing to cooperate, although with the current environment, a renegotiation of the treaty would probably bring more complications. There is no shred of evidence that India has violated the Indus Water Treaty or that it is stealing Pakistan's water[8], although Pakistan does blame India for breaching the treaty, as shown before. This is pointed out by Hindu politicians as an attempt by Pakistan to divert the attention of its own public from the real issues of gross mismanagement of water resources[9].

Pakistan has a more hostile attitude regarding water distribution, trying to find a way to impeach India, meanwhile India focuses on the development of hydro-electric projects. India won't stop providing water to the West Punjab, as the treaty is still in force and is fulfilled by both parties. Pakistan should reconsider its role and its benefits received thanks to the treaty and meditate about the constant pressure towards India, as pushing over the limit could mean a more hostile activity carried out by India, which in the worst case scenario (although not likely to happen) could mean a breakdown of the treaty.

▲ Attack in Kashmir linked to groups of Pakistani origin [twitted by @ANI].

ESSAY / Isabel Calderas [Ignacio Lucas as research assistant].

There is a myriad of security concerns regarding external factors when it comes to Pakistan: India, Afghanistan, the Saudi Arabia-Iran split and the United States, to name a few. However, there are also two main concerns that come from within: jihadism and organised crime. They are interconnected but differ in many ways. The latter is frequently overlooked to focus on the former, but both have the capacity of affecting the country, internally and externally, as the effectiveness of dealing with them impacts the perception the international community has of Pakistan. While internally disrupting, these problems also have international reach, as such groups often export their activities, adversely affecting at a global scale. Therefore, international actors put so much pressure on Pakistan to control them. Historically, there has been much scepticism over the government's ability, or even willingness to solve these risks. We will examine both problems separately, identifying the impact they have on the national and international arena, as well as the government's approach to dealing with either and the future risks they entail.

1. JIHADISM

Pakistan's education system has become a central part of the country's radicalization phenomenon[1], in the materialization of madrassas. These schools, which teach a more puritanical version of Islam than had traditionally been practiced in Pakistan, have been directly linked to the rise of jihadist groups[2]. Saudi Arabia, who has always had very close relations with Pakistan, played a key role in their development, by funding the Ahl-e-Hadith and Deobandi madrassas since the 1970s. The Iranian revolution bolstered the Saudi's imperative to control Sunnism in Pakistan, and the Soviet invasion of Afghanistan gave them the vehicle to do so[3]. In these schools, which teach a biased view of the world, students display low tolerance for minorities and are more likely to turn to jihadism.

Saudi and American funding of madrassas during the Soviet occupation helped the Pakistani army's intelligence agency, the Inter-Services Intelligence (ISI), become more powerful, as they channelled millions of dollars to them, a lot of which went into the madrassas which sent mujahedeen fighters to fight for their cause[4]. The Taliban's origins can also be traced to these, as the militia was raised mainly from Afghan refugee camps in Pakistan and Saudi-funded madrassas[5].

Madrassas are especially popular in the poorer provinces of the country, where parents send their children to them for several non-religious reasons. First, because the Qur'an is written in Arabic and madrassas teach this language[6]. The dire situation of many families forces millions of Pakistanis to migrate to neighbouring, oil-rich Arabic-speaking countries, from where they send remittances home to help support their families. Secondly, the public-school system in Pakistan is weak, often failing to teach basic reading skills[7], something the madrassas do teach.

Partly in response to the international pressure[8] it has been under to fight terrorism within its territory; Pakistan has tried to reform the madrassas. The government has stated its intention to bring madrassas under the umbrella of the education ministry, financing these schools by allocating cash otherwise destined to fund anti-terrorism security operations[9]. It plans to add subjects like science to the curriculum, to lessen the focus on Islamic teachings. However, this faces several challenges, among which the resistance from the teachers and clerical authorities who run the madrassas outstands[10].

Before moving on to the prominent radical groups in Pakistan, we would like to make a brief summary on a different cause of radicalization: the unintended effect of the drone strategy adopted by the United States.

The United States has increasingly chosen to target its radical enemies in Pakistan through the use of Unmanned Aerial Vehicles (UAVs), which can be highly effective in neutralizing objectives, but also pose a series of risks, like the killing of innocent civilians that are in the neighbouring area. This American strategy, which Pakistan has publicly criticized, has fomented anti-American sentiment among the Pakistanis, at a ratio on average of every person killed resulting in the radicalization of several more people[11]. The growing unpopularity of drone strikes has further weakened relations between both governments, but shows no signs of changing in the future, if recent attacks carried by the U.S. are any indication. Pakistan's efforts to de-radicalize its population will continue to be undermined by the U.S. drone strikes[12].

Pakistan's anti-terrorism strategy is linked to its geostrategic and regional interests, especially dealing with its eastern and western neighbours[13]. There are many radical groups operating within their territory, and the government's strategy towards them shifts depending on their goal[14]. Groups like the Afghan Taliban, who target foreign invasions in their own country, and Al Qaeda, whose jihad against the West is on a global scale, have been allowed to use Pakistani territory to coordinate operations and take refuge. Their strategy is quite different for Pakistani Taliban group, Tehrik-e-Taliban (TTP) who, despite being allied with the Afghan Taliban, has a different goal: to oust the Pakistani government and impose Sharia law[15]. Most of the military's campaigns aimed at cracking down on radicals have been targeted at weakening groups affiliated with TTP. Lastly, there are those groups with whom some branches of the Pakistani government directly collaborate with.

Pakistan has been known to use jihadi organisations to advance its security objectives through proxy conflicts. Pakistan's policy of waging war through terrorist groups is planned, coordinated, and conducted by the Pakistani Army, specifically the ISI[16] who, as previously mentioned, plays a vital role in running the State.

Although this has been a longstanding cause of tension between the Pakistani and the American governments, the U.S. has made no progress in persuading or compelling the Pakistani military to sever ties with the radical groups[17], even though the Pakistani government has stated that it has, over the past year, 'fought and eradicated the menace of terrorism from its soil' by carrying out arrests, seizing property and freezing bank accounts of groups proscribed by the United States and the United Nations[18]. Their actions have been enough to keep them off the FATF's blacklist for financing terrorism and money laundering[19], which would prevent them from getting financing, but concerns remain about ISI's involvement with radical groups, the future of the relations between them, the overall activity of these groups from within Pakistani territory, and the risk of a future attack to its neighbours.

We will use two of Pakistan's main proxy groups, Lashkar-e-Tayyiba and Jaish-e-Muhammad, to analyse the feasibility of an attack in the near future.

1.1. Lashkar-e-Tayyiba (LeT)

Created to support the resistance against the Soviet invasion of Afghanistan, LeT now focuses on the insurgencies in Afghanistan and Kashmir, the highest priorities for the Pakistani military's foreign policy. The Ahl-e-Hadith group is led by its founder, Hafiz Saeed. Its headquarters are in Punjab. Unlike its counterparts, it is a well-organized, unified, and hierarchical organization, which has become highly institutionalized in the last thirty years. As a result, it has not suffered any major losses or any fractures since its inception[20].

Since the Mumbai attacks in 2008 (which also involved ISI), for which LeT were responsible, its close relationship with the military has defined the group's operations, most noticeably by restraining their actions in India, which reflects both the Pakistani military's desire to avoid international pressure and conflict with their neighbour and the group's capability to contain its members. The group has calibrated its activities, although it possesses the capability to expand its violence. Its outlets for violence have been Afghanistan and Kashmir, which align with the Pakistani military's diary: to bring Afghanistan under Pakistan's sphere of influence while keeping India off-balance in Kashmir[21]. The recent U.S.-Taliban deal in Afghanistan and militarization of Kashmir by India may change this. LeT has benefited handsomely for its loyalty, receiving unparalleled protection, patronage, and privilege from the military. However, after twelve years of restraint, Lashkar undoubtedly faces pressures from within its ranks to strike against India again, especially now that Narendra Modi is prime minister.

1.2. Jaish-e-Muhammad (JeM)

The Deobandi organisation, led by its founder Masood Azhar, has had close bonds with Al-Qaeda and the Taliban since they came into light in 2000. With the commencement of the war on terror in Afghanistan, JeM reciprocated by launching an attack on the Indian Parliament on December 2001, in cooperation with LeT. However, it ignored the Pakistani military's will in 2019 when it launched the Pulwama attack, after which the government of Pakistan launched a countrywide crackdown on them, taking leaders and members into preventive custody[22].

1.3. Risk assessment

Although it has gone rogue before, Jaish-e-Muhammad has been weakened by the recent government's crackdown. What remains of the group, consolidated under Masood Azhar, has repaired ties with the military. Although JeM has demonstrated it still possesses formidable capability in Indian Kashmir, Lashkar-e-Tayyiba represents the main concern for an attack on India in the near future.

Lashkar has been both the most reliable and loyal of all the proxy groups and has also proven it does not take major action without prior approval from the ISI, which could become a problem. Pakistan has adopted a policy of maintaining plausible deniability for any attacks in order to avoid international pressure after 9/11, thus LeT's close ties with the military make it more likely that its actions will provoke a war between the two countries.

The United States has tried for several years to get Pakistan to stop using proxies. There are several scenarios in which Lashkar would break from the Pakistani state (or vice versa), but they are farfetched and beyond foreign influence: a) a change in Pakistan's security calculus, b) a resolution on Kashmir, c) a shift in Lashkar's responsiveness and d) a major Lashkar attack in the West[23].

a) A change in Pakistan's security calculus is the least likely, as the India-centric understanding of Pakistan's interests and circumstances is deeply embedded in the psyche of the security establishment[24].

b) A resolution on Kashmir would trouble Lashkar, who seeks full unification of all Kashmir with Pakistan, which would not be the outcome of a negotiated resolution. More so, Modi's recent decision regarding article 370 puts this possibility even further into the future.

c) A shift in Lashkar responsiveness would be caused by the internal pressures to perform another attack, after more than a decade of abiding by the security establishment's will. If perceived as too powerful of insufficiently responsive, ISI would most likely seek to dismantle the group, as they did with Jaish-e-Muhammad, by focusing on the rogue elements and leaving Lashkar smaller but more responsive. This presents a threat, as the group would not allow itself to be simply dismantled but would probably resist to the point of becoming hostile[25].

d) The last option, a major Lashkar attack in the West, is also unlikely, as the group has not undertaken any major attack without perceived greenlight from ISI.

This does not mean that an attack from LeT can be ruled out. ISI could allow the group to carry out an attack if, in the absence of a better reason, it feels that the pressure from within the group will start causing dissent and fractures, just like it happened in 2008. It is in ISI's best interest that Lashkar remains a strong, united ally. Knowing this, it is important to note that a large-scale attack in India by Lashkar is arguably the most likely trigger to a full-blown conflict between the two nations. Even a smaller-scale attack has the potential of provoking India, especially under Modi.

If such an attack where to happen, India would not be expected to display a weak-kneed gesture, as PM Modi's policy is that of a tough and powerful approach in defence vis-à-vis both Pakistan and China. This has already been made evident by its retaliation for the Fidayeen attack at Uri brigade headquarters by Jaish-e-Muhammad in 2016[26]. It has now become evident that if Pakistan continues to harbour terrorist groups against India as its strategic assets, there will be no military restraint by India as long as Modi is in power, who will respond with massive retaliation. In its fragile economic condition, Pakistan will not be able to sustain a long-drawn war effort[27].

On the other hand, Afghanistan, which has been the other focus of Pakistan's proxy groups, is now undergoing a process which could result in a major organisational shift. The Taliban insurgent movement has been able survive this long due to the sanctuary and support provided by Pakistan[28]. Furthermore, Lashkar-e-Tayyiba's participation in the Afghan insurgency furthered the Pakistani military's goal of having a friendly, anti-India partner on its western border[29]. The development and outcome of the intra-Afghan talks will determine the continued use of proxies in the country. However, we can realistically assume that, at least in the near future, radical groups will maintain some degree of activity in Afghanistan.

It is highly unlikely that the Pakistani intelligence establishment will stop engaging with radical groups, as it sees in them a very useful strategic tool for achieving its security goals. However, Pakistan's plausible deniability approach will come into question, as its close ties with Lashkar-e-Tayyiba make it increasingly hard for it to deny involvement in its acts with any credibility. Regarding India, any kind of offensive from this group could result in a large-scale conflict. This is precisely the most likely scenario to occur, as Modi's history with Lashkar-e-Tayyiba and their twelve-year-long "hiatus" from impactful attacks could propel the organisation to take action that will impact the whole region.

2. DRUG TRAFFICKING

Drug trafficking constitutes an important problem for Pakistan. It originates in Afghanistan, from where thousands of tonnes are smuggled out every year, using Pakistan as a passageway to provide the world with heroin and opioids[30]. The following concept map has been elaborated with information from diverse sources[31] to present the different aspects of the problem aimed to better comprehend the complex situation.

 

 

Afghanistan, one of the world's largest heroin producers, has supplied up to 60% and 80% of the U.S. and European markets, respectively. The landlocked country takes advantage of its blurred border line, and the remoteness and inaccessibility of the sparsely populated bordering regions with Pakistan, using it as a conduit to send its drugs globally. The Pakistani government is under a lot of pressure from the international community to fight and minimise drug trafficking from its territory.

Pakistan feels a special kind of pressure from the European Union, as its GSP+ status could be affected if it does not control this problem. The GSP+ is dependent on the implementation of 27 international conventions related to human rights, labour rights, protection of the environment and good governance, including the UN Convention on Fighting Illegal Drugs[32]. Pakistan was granted GSP+ status in 2014 and has shown commitment to maintaining ratifications and meeting reporting obligations to the UN Treaty bodies[33]. However, one of the aspects of the scheme is its "temporary withdrawal and safeguard" measure, which means the preferences can be immediately withdrawn if the country is unable to control drug trafficking effectively[34]. This has not been the case, and the EU has recognised Pakistan's efforts in the fight on drugs; the UN has also removed it from the list of cannabis resin production countries[35]. Anti-corruption frameworks have been strengthened, along with legislation review and awareness building, but they have been advised that better coordination between law enforcement agencies is needed[36].

The GSP+ status is very important to Pakistan, as the European Union is their first trade partner, absorbing over a third of their total exports in 2018, followed by the U.S., China and Afghanistan[37]. The Union can use this as leverage to obtain concessions from Pakistan. However, the approach they have taken so far has been of collaboration in many areas, including transnational organised crime, money laundering and counter-narcotics[38]. In this sense, the EU ambassador to Pakistan recently stated that the new Strategic Engagement Plan of 2019 would "further boost their relations in diverse fields"[39].

Even with combined efforts, eradicating the drug trafficking problem in Pakistan has proven to be very difficult. This is because production of the drug is not done in its territory, and even if border patrols are strengthened, it will be very hard to stop drugs from coming in from its neighbour if the Afghan government doesn't take appropriate measures themselves.

 

 

A "5 whys" exercise has led us to understand that the root cause of the problem is the fact that most farmers in Afghanistan are too poor to turn to different crops. A nearly two decade war has ravaged the country's land, leaving opium crops, which are cheaper and easier to maintain, as the only option for most farmers in this agrarian nation. A substantial investment in the country's agriculture to produce more economic options would be needed if any serious advance is expected to be made in stopping illegal drug trafficking. These investments will have to be a joint effort of the international community, and funding for the government will also be necessary, if stability is to be reached. Unless this is done, opium will likely remain entangled in the rural economy, the Taliban insurgency, and the government corruption whose sum is the Afghan conundrum.[40]. And as long as this does not happen, it is highly unlikely that Pakistan will be able to make any substantial progress in its effort to fight illicit drugs.

Prime Minister Imran Kahn, at the United Nations General Assembly, in 2019 [UN].

ESSAY / M. Biera, H. Labotka, A. Palacios

The geographical location of a country is capable of determining its destiny. This is the thesis defended by Whiting Fox in his book "History from a Geographical Perspective". In particular, he highlights the importance of the link between history and geography in order to point to a determinism in which a country's aspirations are largely limited (or not) by its physical place in the world.[1]

Countries try to overcome these limitations by trying to build on their internal strengths. In the case of Pakistan, these are few, but very relevant in a regional context dominated by the balance of power and military deterrence.

The first factor that we highlight in this sense is related to Pakistan's nuclear capacity. In spite of having officially admitted it in 1998, Pakistan has been a country with nuclear capacity, at least, since Zulfikar Ali Bhutto's government started its nuclear program in 1974 under the name of Project-706 as a reaction to the once very advanced Indian nuclear program.[2]

The second factor is its military strength. Despite the fact that they have publicly refused to participate in politics, the truth is that all governments since 1947, whether civilian or military, have had direct or indirect military support. [3] The governments of Ayub Khan or former army chief Zia Ul-Haq, both through a coup d'état, are faithful examples of this capacity for influence.[4]

The existence of an efficient army provides internal stability in two ways: first, as a bastion of national unity. This effect is quite relevant if we take into account the territorial claims arising from the ethnic division caused by the Durand Line. Secondly, it succeeds in maintaining the state's monopoly on force, preventing its disintegration as a result of internal ethnic disputes and terrorism instigated by Afghanistan in the Federally Administered Tribal Areas (FATA region).[5]

Despite its internal strengths, Pakistan is located in one of the most insecure geographical areas in the world, where border conflicts are intermingled with religious and identity-based elements. Indeed, the endless conflict over Kashmir against India in the northeastern part of the Pakistani border or the serious internal situation in Afghanistan have been weighing down the country for decades, both geo-politically and economically. The dynamics of regional alliances are not very favourable for Pakistan either, especially when US preferences, Pakistan's main ally, seem to be mutating towards a realignment with India, Pakistan's main enemy.[6] 

On the positive side, a number of projects are underway in Central Asia that may provide an opportunity for Pakistan to re-launch its economy and obtain higher standards of stability domestically. The most relevant is the New Silk Road undertaken by China. This project has Pakistan as a cornerstone in its strategy in Asia, while it depends on it to achieve an outlet to the sea in the eastern border of the country and investments exceeding 11 billion dollars are expected in Pakistan alone[7]. In this way, a realignment with China can help Pakistan combat the apparent American disengagement from Pakistani interests.

For all these reasons, it is difficult to speak of Pakistan as a country capable of carving out its own destiny, but rather as a country held hostage to regional power dynamics. Throughout this document, a review of the regional phenomena mentioned will be made in order to analyze Pakistan's behavior in the face of the different challenges and opportunities that lie ahead.

History

Right after the downfall of the British colony of the East Indies colonies in 1947 and the partition of India the Dominion of Pakistan was formed, now known by the title of the Islamic Republic of Pakistan. The Partition of India divided the former British colony into two separate territories, the Dominion of Pakistan and the Dominion of India. By then, Pakistan included East Pakistan (modern day) Pakistan and Oriental Pakistan (now known as Bangladesh).

It is interesting to point out that the first form of government that Pakistan experienced was something similar to a democracy, being its founding father and first Prime Minister Muhammad Ali Jinnah. Political history in Pakistan consists of a series of eras, some democratically led and others ruled by the military branch which controls a big portion of the country.

-The rise of Pakistan as a Muslim democracy: 1957-1958. The era of Ali Jinnah and the First Indo-Pakistani war.

-In 1958 General Ayub Khan achieved to complete a coup d'état in Pakistan due to the corruption and instability.

-In 1971 General Khan resigned his position and appointed Zulfikar Ali Bhutto as president, but, lasted only 6 years. The political instability was not fruitful and rivalry between political parties was. But in 1977 General Zia-ul-Haq imposed a new order in Pakistan.

-From 1977 to 1988 Zia-ul-Haq imposed an Islamic state.

-In the elections of 1988 right after Zia-ul-Haq's death, President Benazir Bhutto became the very first female leader of Pakistan. This period, up to 1999 is characterized by its democracy but also, by the Kargil War.

-In 1999 General Musharraf took control of the presidency and turned it 90º degrees, opening its economy and politics. In 2007 Musharraf announced his resignation leaving open a new democratic era characterized by the War on Terror of the United States in Afghanistan and the Premiership of Imran Khan.

 

 

Human and physical geography

The capital of Pakistan is Islamabad, and as of 2012 houses a population of 1.9 million people. While the national language of Pakistan is English, the official language is Urdu; however, it is not spoken as a native language. Afghanistan is Pakistan's neighbour to the northwest, with China to the north, as well as Iran to the west, and India to the east and south.[8]

Pakistan is unique in the way that it possesses many a geological formation, like forests, plains, hills, etcetera. It sits along the Arabian Sea and is home to the northern Karakoram mountain range, and lies above Iranian, Eurasian and Indian tectonic plates. There are three dominant geographical regions that make up Pakistan: the Indus Plain, which owes its name to the river Indus of which Pakistan's dominant rivers merge; the Balochistan Plateau, and the northern highlands, which include the 2nd highest mountain peak in the world, and the Mount Godwin Austen. [9] Pakistan's traditional regions are a consequence of progression. These regions are echoed by the administrative distribution into the provinces of Punjab, Sindh, Khyber Pakhtunkhwa which includes FATA (Federally Administered Tribal Areas) and Balochistan.

Each of these regions is "ethnically and linguistically distinct."[10] But why is it important to understand Pakistan's geography? The reason is, and will be discussed further in detail in this paper, the fact that "terror is geographical" and Pakistan is "at the epicenter of the neo-realist, militarist geopolitics of anti-terrorism and its well-known manifestation the 'global war on terror'..."[11]But why is it important to understand Pakistan's geography?

Punjabi make up more than 50% of the ethnic division in Pakistan, and the smallest division is the Balochi. We should note that Balochistan, however small, is an antagonistic region for the Pakistani government. The reason is because it is a "base for many extremist and secessionist groups". This is also important because CPEC, the Chinese-Pakistan Economic Corridor, is anticipated to greatly impact the area, as a large portion of the initiative is to be constructed in that region. The impact of CPEC is hoped to make that region more economically stable and change the demography of this region.[12]

The majority of Pakistani people are Sunni Muslims, and maintain Islamic tradition. However, there is a significant number of Shiite Muslims. Religion in Pakistan is so important that it is represented in the government, most obviously within the Islamic Assembly (Jamāʿat-i Islāmī) party which was created in 1941.[13]The Islamic Assembly is the largest Islamic party in Pakistan.

This is important. The reason being is that there is a history of sympithism for Islamic extremism by the government, and giving rise to the expansion of the ideas of this extremism. Historically, Pakistan has not had a strict policy against jihadis, and this lack of policy has poorly affected Pakistan's foreign policy, especially its relationship with the United States, which will be touched upon in this paper.

Current Situation: Domestic politics, the military and the economy

Imran Khan was elected and took office on August 18th, 2018. Before then, the previous administrations had been overshadowed by suspicions of corruption. What also remained important was the fact that his election comes after years of a dominating political power, the Pakistan Muslim League-Nawaz (PML-N) and Pakistan People's Party (PPP). Imran Khan's party, the Pakistan Tehreek-e-Insaf (PTI) surfaced as the majority in the Pakistan's National Assembly. However, there is some discussion by specialists on how prepared the new prime minister is to take on this extensive task.

Economically, Pakistan was in a bad shape even before the global Coronavirus-related crisis. In October 2019, the IMF predicted that the country's GDP would increase only 2.4% in 2020, compared with 5.2% registered in 2017 and 5.5% in 2018; inflation would arrive to 13% in 2020, three times the registered figure of 2017 and 2018, and gross debt would peak at 78.6%, ten points up from 2017 and 2018.[14] This context led to the Pakistani government to ask for a loan to the IMF, and a $6 billion loan was agreed in July 2019. In addition, Pakistan got a $2 billion from China. Later on, because of the Covid-19 pandemic, the IMF worsened its estimations on Pakistan's economy, and predicted that its GDP would grow minus 1.5% in 2020 and 2% in 2021.

Throughout its history, Pakistan has been a classic example of a "praetorian state", where the military dominates the political institutions and regular functioning. The political evolution is represented by a routine change "between democratic, military, or semi military regime types". There were three critical pursuits towards a democratic state that are worth mentioning, that started in 1972 and resulted in the rise of democratically elected leaders. In addition to these elections, the emergence of new political parties also took place, permitting us to make reference to Prime Minister Imran Khan's party, the Pakistan Tehreek-e-Insaf (PTI).[16]

Civilian - military relations are characterized by the understanding that the military is what ensures the country's "national sovereignty and moral integrity". There resides the ambiguity: the intervention of the military regarding the institution of a democracy, and the sabotage by the same military leading it to its demise. In addition to this, to the people of Pakistan, the military has retained the impression that the government is incapable of maintaining a productive and functioning state, and is incompetent in its executing of pertaining affairs. The role of the military in Pakistani politics has hindered any hope of the country implementing a stable democracy. To say the least, the relationship between the government and the resistance is a consistent struggle.[17]

The military has extended its role today with the China-Pakistan Economic Corridor. The involvement of the military has affected "four out of five key areas of civilian control". Decision making was an area that was to be shared by the military and the people of Pakistan, but has since turned into an opportunity for the military to exercise its control due to the fact that CPEC is not only a "corporate mega project" but also a huge economic opportunity, and the military in Pakistan continues to be the leading force in the creation of the guidelines pertaining to national defense and internal security. Furthermore, accusations of corruption have not helped; the Panama Papers were "documents [exposing] the offshore holdings of 12 current and former world leaders."[18] These findings further the belief that Pakistan's leaders are incompetent and incapable of effectively governing the country, and giving the military more of a reason to continue and increase its interference. In consequence, the involvement of civilians in policy making is declining steadily, and little by little the military seeks to achieve complete autonomy from the government, and an increased partnership with China. It is safe to say that CPEC would have been an opportunity to improve military and civilian relationships, however it seems to be an opportunity lost as it appears the military is creating a government capable of functioning as a legitimate operation.[19]

Propaganda poster extolling Gaddafi, near Ghadames, 2004 [Sludge G., Wikipedia].

ESSAY / Paula Mora

On 20 October 2011, Colonel Muammar Muhamad Abu-Minyar al-Qadhafi was assassinated, bringing an end to a dictatorial regime that lasted more than forty years. That date signified hope, freedom and democracy, or at least those were the aspirations of many of those who contributed to change in Libya. However, the reality today, nine years later, is almost unimaginable for those rebels who on 23 October 2011 thought their children could grow old in a democracy. The civil war that the country has suffered since then has led to the disintegration of the nation. To understand this, it is paramount to understand the very nature of Libyan political power, which is totally different from that of its neighbours and former metropolises: tribalism.

Libyan tribalism has three characteristics: it is contractual, as it is based on permanent negotiations; the territorial instructions of the peoples have been moving towards the cities, but the ties have not been loosened; and the territorial extension of these peoples goes beyond Libya's borders. Ninety percent of Libya's territory is made up of desert, which has allowed tribal power to persist. The original peoples have fought, and continue to fight, for territorial control and harmony of their territories, which is achieved through traditional alliances renegotiated from time to time between the three main regions of the country: Tripolitania, Cyrenaica and Fezran.

Tuareg tropism

Bedouin culture and mythology from pre-colonial trans-Saharan cave times explain why Qadhafi focused his policy on the Sahara and North Africa. These peoples saw the desert as a means of communication, not as an obstacle or a border. Under the dictatorship, Berber customs and speech were protected and promoted.

The Tuareg are a Berber people with a nomadic tradition spread over five African countries: Algeria, Burkina Faso, Libya, Mali and Niger. They have their own language and customs. In Libya, they occupy the south-western territory along the borders of Algeria, Tunisia and Niger. The dictator proclaimed on numerous occasions his affinity with these people, even claiming to belong to this lineage on his mother's side. He considered them allies of his pan-Africanist project .

Gaddafi did not see himself as the leader of the movement, but as a "guide" of the revolution. Over time, however, this revolutionary vision was tempered by a realist and pacifying vision. This change was mainly due to the Tuareg's inability to overcome internal (tribal) divisions and their willingness to abandon the armed struggle. The consequences were that what began as a national and social struggle degenerated into drug and arms trafficking.

Italian colonialism

In April 1881, France occupied Tunisia. This provoked resentment in Italy, as the regency of Tunisia was intended as a natural extension of Italy, given that 55,000 Italians resided in the territory. In view of this status, and to avoid a confrontation with France, Italy then decided to create a Libyan project . In 1882, Italy, Germany and the Austro-Hungarian Empire created the Triple Alliance. As a consequence, France opposed Italy's Libyan project .

Faced with France's civil service examination plans in Libya, Italy sought redress in the Red Sea and in 1886 tried, unsuccessfully, to conquer Ethiopia. But the Italian nationalism of the time was not about to give up, as it aspired to create "a greater Italy". After the Ethiopian victory, there were only two African alternatives left: Morocco, which had already been practically colonised by France, or the Turkish Regency in Tripoli, which had been in place since 1858.

In the end, Italy opted for the latter and in 1902 sought France's support to carry out its project. Under the Triple Alliance compromise, it offered neutrality on the shared Alpine border in the event of war and Withdrawal to the Moroccan project . Paris was not interested, but in 1908 Russia offered its support to Italy to weaken the Ottoman Empire. Thus began the Italo-Turkish war. The Italian pretext was the alleged mistreatment of the settlers in Libya by the Turkish regime, to which it gave an ultimatum. Under Austro-Hungarian mediation, the Turks agreed to transfer control of Libya to Italy, a move that Italy considered a Turkish manoeuvre aimed only at buying time to prepare for war. On 29 September 1911, Italy declared war on the Ottoman Empire. This had important consequences for the Triple Alliance, as Austria-Hungary feared that the Libyan conflict would escalate into a direct conflict with the Ottoman Empire, while Germany was faced with the dilemma of having to choose sides, as it enjoyed good relations with both sides. On 18 October 1912, due to the dangers on several fronts, the Ottoman Empire decided to sign the Treaty of Lausanne-Ouchy, ceding Tripolitania, Cyrenaica and the Dodecanese islands to Italy.

During World War I, Italy was part of the Triple Entente, so the Ottoman Empire did not declare war on it. The threat to Italian control of Libya was not so much among its European enemies, but among the population of Libya itself. Taking advantage of the war, the Sanûsiya (a Muslim religious order founded under the Ottoman Empire and opposed to colonisation) began to attack the Italian army. These rebels gradually gained territory, until Italy's allies went on the offensive. On 21 August 1915, the day Italy switched to the Allies, tactics changed. Although also offering support, Italy's new allies were dealing with insurgencies in their colonies, and were primarily concerned with guarding their borders to prevent insurgents from crossing and spreading pro-independence ideas.

On 17 April 1917, Emir Idris As-Sanûsi, an ally of the Ottoman Empire, realising that Allied victory was near, signed the Pact of Acroma with Italy, whereby Italy recognised the autonomy of Cyrenaica and in exchange the Emir accepted Italian control of Tripolitania.

 

Geographical distribution of ethnicities in Libya [Wikipedia].

 

Colonial independence

World War II played a role core topic in Africa, encouraging nationalism on the continent. Italy, allied with Germany, attempted between 1940 and 1942 to occupy the Suez Canal across the Libyan border, but goal was not successful.

In 1943, Libya fell into the hands of the Free French (Charles de Gaulle's) and Britain: the former administered Fezán, the latter Tripolitania and Cyrenaica. At the end of the war, with Italy changing sides in the course of the war, Italy proposed a tripartite division of Libya. The United States and the Soviet Union opposed this, and stipulated that the territory would be placed under the aegis of the United Nations (UN). Two political positions were then opposed in Libya: on the one hand, the "progressives", who advocated the creation of a unitary democratic state, and on the other, the original peoples of Cyrenaica, who advocated a kingdom whose leader would be Mohammed Idris As-Sanûsi, the leader of the Sanûsiya.

On 21 November 1949, through Resolution 289, the United Nations set Libya's independence for 1 January 1952. Without taking into account any geographical, historical, religious, cultural and political realities, the UN imposed the birth of a sovereign country made up of the three main independent regions. In 1950, the National Assembly was elected, composed of 60 deputies (20 from each region). On 2 December of the same year, after arduous negotiations, the Assembly agreed that Libya would be a federal monarchy made up of three provinces, with Mohammed Idriss As-Sanûsi as King.

Initially, the Kingdom was able to establish itself given international recognition and the finding oilfields that allowed Libya to become the richest country on the continent. This optimism, however, concealed the fact that Libya's real problem lay within its borders: the country was ruled by the original peoples of Cyrenaica. To balance power, the king decided to appoint Mahmoud el-Montasser, a Tripolitanian, as prime minister.

However, the king made the mistake of basing his monarchy not on the Sanûsiya, but on his tribe, the Barasa. The regime became totalitarian. After pro-Nasser demonstrations, the king banned political parties in 1952 and dismissed more than ten governors, who were replaced by prefects. On the foreign relations front, under Idriss, Libya signed a 20-year alliance with Britain under which the British could use the Libyan military instructions . With the United States, it signed a similar one that granted the Americans permission to build the Wheelus Field base near Tripoli. Finally, it signed a peace treaty with Italy in which the former metropolis agreed to pay reparations as long as Libya protected the property of the 27,000 Italians still living there. These measures brought the kingdom to its doom, as its neighbours and population felt that the king was not showing solidarity with Egypt by aligning himself with the West.

The fall of the monarchy

On 1 September 1969, a coup d'état took place in Libya to overthrow Idriss, who, seriously ill, announced his abdication the following day. The committee Commander of the Revolution (CCR), made up of the officers who had brought about this change of government, abolished the monarchy and proclaimed the Libyan Arab Republic. The military board that established itself in power was composed of a dozen members, mostly from the two main original peoples: the Warfalla and the Maghara. The latter were of Marxist ideology, which led to the regime of Colonel Muammar al-Gaddafi.

During the first weeks of government, the new leaders tried to take every possible precaution to avoid British and American intervention. They issued a statement guaranteeing the safety of foreigners' property and promising that the oil companies would not be nationalised. In view of these statements, which were not in line with communism, the United States and the West recognised the new government on 6 September.

The new government's real intentions emerged soon after. Within a month of statement, the Libyan authorities announced that previous treaties relating to the military instructions would have to be renegotiated. They also called for a renegotiation of the taxation of oil companies. Finally, in 1971, a single party was created: the Arab Socialist Union.

Gaddafi's government

On 15 April 1973, almost four years after the coup d'état of '69, Gaddafi gave a speech on speech in which he invited the "popular masses" to take back the power seized by the Arab Socialist Union party. He imposed himself as the head of the country, promoting a cultural and political revolution that proposed, on the one hand, a reform of the institutions with a stricter application of the precepts of the shariaOn the other hand, the idea that the aggressors of the people were the Arab countries allied with the West and Israel.

Gaddafi based his power on a profound tribal recomposition. The first step he took, the day after taking power, distrustful of Cyrenaica and its tribes loyal to King Idriss, was to form an alliance with the people of Hada, seeking to balance the power of the Barasa.

Secondly, he divorced his Turkish-Kouloughli wife, who was an obstacle to the alliances with the peoples he needed to expand his power base. He then married a woman from Firkeche, a segment of the Barasa tribe. This marriage allowed him to build an alliance between the Qadhafa and the large tribes of Cyrenaica linked to the Barasa.

Third, he also built an alliance with the Misrata, a literate elite that subsequently occupied many of the regime's posts. Over time, however, this alliance broke down and led to a growth of hatred towards the colonel that was to play a major role in the revolution that brought down Gaddafi.

Fourthly, after losing Misrata, Gaddafi recomposed his strategy by relying on his own confederation, that of the Awlad Sulaymans, enemies of Misrata since the time of Italian rule. This alliance covered the city of Tripoli and geographically extended the ruler's territory.

Fifth, the ruler's problem would be the result of the previous points: tribal alliances. Fractions of his allies conspired against him in 1973 to attempt a coup d'état. Gaddafi's army, however, prevented it and condemned the ringleaders to death. From this point on, the colonel began to distrust the tribes of this region, Tripolitania, and gradually began to break off relations with them. This would prove fatal to him.

Gaddafi facing the world

International activism under Qadhafi sought the fusion of Arab peoples with the goal aim of creating a transnational caliphate. In 1972, although he did not yet control all of Libyan territory, he contributed to the creation of the Union of Arab Republics (Libya, Egypt and Syria), which was dissolved in 1977. In 1984, it created the Libyan-Moroccan Union, which disappeared two years later. Four other attempts were made: with Tunisia in 1974, with Chad in 1981, with Algeria in 1988 and with Sudan in 1990; none of them succeeded. These attempts at union caused tensions on the continent, particularly with Egypt, with which there was a border dispute from 21-24 July 1977. As a result, the mutual border was closed until March 1989.

As for the rest of the world, the dictator's support for terrorist movements during the 1980s made him enemies, especially the United States, Britain and France. committee Several attacks by the Libyan regime, such as the shooting down of an American plane over the Scottish town of Lockerbie and the assassination of ambassadors, led the UN Security Council in 1992 to adopt a policy of trade and financial sanctions and embargoes. This was compounded by the socialist orientation of the colonel, who nationalised the oil companies and assets of Italian residents on the grounds that they had been stolen during the colonial era.

The fall of the regime

Over time, the regime lost power and national support. This decline was due to the march of the Economics, as citizens benefited from direct hydrocarbon revenues: health care and Education were free, and agriculture was subsidised. In addition, there was the project to create a "great river" (Great Man Made RiverGMMR), of 4,000 kilometres. At summary, the five million inhabitants had an exceptional life, with a GDP per capita of €3,000 in 2011.

The main civil service examination came from Islamic circles, more specifically from the Muslim Brotherhood and Salafist groups (Sunni Islamic ultra-right movement), who from 1995 onwards were radicalised by the financial aid groups from Afghanistan. Their reasons for opposing Gaddafi were the westernisation The country's first major change was to leave behind Tuareg tropism to some extent and turn towards the countries of the North. In the same year, an Islamist rebellion broke out, initiated by the Front for the Liberation of Libya in Cyrenaica. Qadhafi responded with a major crackdown, establishing anti-Islamic laws that punished anyone who did not denounce the Islamists and closing down most of the zawiya (religious schools and monasteries), especially those of the Sanûsiya.

In 2003, Libya acknowledged its involvement in the Lockerbie bombing and undertook to compensate all victims. This led to the lifting of sanctions by the UN Security Council at committee . In December of the same year, the country renounced the production of weapons of mass destruction and in 2004 acceded to the Nuclear Non-Proliferation Treaty. With these new measures, the regime gradually allied itself with Western countries, which in turn promoted the industrialisation of the country. One example was the treaty signed between Gaddafi and Italian Prime Minister Silvio Berlusconi, whereby Italy pledged to reimburse Libya $5 billion over a 25-year period, provided that Libya opened up to the Italian market and avoided illegal immigration to Europe.

Libya did not experience "the Arab Spring", as it was suffering from a civil war born in Cyrenaica, which began as an uprising of a Berber minority living near the Tunisian border. Qadhafi, fearful of spoiling the good image he had finally managed to build in the international community, decided not to use military force to re-establish his power in Cyrenaica, but as time went on he had no choice but to do so. This action led to what he already knew: international outcry.

The first country to oppose was Nicolas Sarkozy's France. Under the pretext of humanitarian interference, France, together with the North Atlantic Treaty Organisation (NATO) countries, decided to destroy the Gaddafi regime. In March 2011 they recognised the Transitional National committee (TNC). The African Union also wanted a change of government, but nevertheless advocated that this should be done through negotiation, in order to avoid negative consequences such as the disintegration of the state. 

In February 2011, the colonel was confronted with a triple uprising. In Cyrenaica, by the jihadists (remember the anti-Islamic laws), who were also supported by Turkey and the local mafias, who felt threatened by the Italian-Libyan agreement on migration. In Tripolitania, by the Berbers, who now saw their identity denied in favour of the defence of Arab nationalism. Finally, also in Misrata, the area had a score to settle with the dictator since 1975 (tribal conflict). staff

Gaddafi took preventive measures, such as banning demonstrations and suspending sporting events, and announced pro-people social reforms, thinking that these were grievances that would not go unchallenged. His analytical error was to think that the protest had a social motive, while its reasons were tribal, regional, political and religious subject .

The government was able to control status for a month, until on 15 February the violence escalated into a full-blown civil war.

Foreign interference began on 17 March, when the French foreign minister promoted Resolution 1973 at the UN Security Council's committee , which authorised the creation of a no-fly zone over Libya, as well as the imposition of "necessary measures" to provide protection for civilians. This resolution excluded land occupation, and was supported by the Arab League, with military air support from Qatar.

A few days later, on 21 March, the intervention of NATO countries went beyond the guidelines of Resolution 1973, as Gaddafi's residency program was bombed under the pretext that it served as a command centre. The African Union, supported by Russia, called for an "immediate cessation of all hostilities". For its part, the Arab League reminded NATO that it was deviating from its stated objectives. Western countries, however, did not listen. On 31 March, through his son Saif al-Islam, the colonel proposed a referendum on the establishment of democracy in Libya. NATO was willing to consider his proposals, but the National Transitional committee was adamantly opposed, demanding simply that Gaddafi be removed from power.

mission statement On 16 September, the committee Security Council, through Resolution 2009, created the United Nations Support Mission in Libya (UNSMIL). Its goal was attend to the national authorities for the restoration of security and the rule of law, through the promotion of political dialogue and national reconciliation.

The "liberation" of the country took place on 23 October 2011, when Gaddafi was captured on his way to Fezzan, accompanied by his son. His convoy was attacked by NATO air forces. He was taken prisoner and subsequently lynched by his countrymen. The president of the Transitional National committee , Mustapha Adbel Jalil, then proclaimed himself the new legitimate ruler of the country until new elections.

Libya after Gaddafi

On his first day, the transitional president declared that the sharia would be the basis of the constitution as well as the law, reestablished polygamy and outlawed divorce. The consequences of the civil war were tremendous: they led to the disintegration of the country. Gaddafi's death did not mark the end of the conflict, as the tribal, regional and religious militias that participated in the war held different visions of what the new government should look like, making unification impossible.

Externally, territorial decontrol changed the geopolitics of the Sahara-Sahel region, offering new opportunities for jihadists.

Three periods can be distinguished. The first, between 2011 and 2013, could be considered the time of uncertainty, but also the time of democratic hope and illusion. Despite wars between different peoples over different ideologies (defenders of the old regime versus Muslim fundamentalists defending Islamic traditions) and a territorial proxy war (Cyrenaica versus Tripolitania for the capital of the new state), what appeared to be democratic mechanisms were being put in place.

On 31 October 2011, Tripoli native Abdel Rahim al-Keeb was elected Prime Minister of the transitional government by 26 votes out of 51. Legislative elections were held on 7 July 2012; they were won by the congress General National (CNG), which replaced the Transitional National committee . But the status was far from being consolidated. On 11 September 2012, the American ambassador, John Christopher Stevens, was assassinated by a Salafist group called Ansar al-Sharia.

The second period began in early 2013. Libya was on the path to normalisation through democratic elections and the revival of oil and gas exports. However, the following year saw the beginning of lawlessness and attempts to recompose internal order. The "democratic advances" had not been enough, as the regions were largely autonomous and there was no border security. No one had been able to control Libyan territory in its entirety. Chadian President Idriss Déby, who had already warned of these consequences when the West intervened in the civil war, called the new Libyan status a "Somalisation".

From February 2014 onwards, this lawlessness resulted in a series of resignations of "government" officials due to threats from the country's various militias and protests in front of the NGC, as the government was not dissolved after the expiry of the mandate. On 20 February, elections were held for the 60-member Constituent Assembly to draft a new constitution, goal , but only 15% of voters took part. Meanwhile, on 6 March in Rome, at the lecture International on Libya, the Italian foreign minister considered that the main problem was the "overlapping of legitimacy".

The third period took place at the end of 2014, when the so-called 'second Libyan war' began. From 2015 onwards, the Islamic State entered the scene, which changed the Libyan political landscape. The UN created a transitional executive body called the Government of National agreement (GNA), with the goal to steer Libyan politics in this new status. It was formed by the union of the National General congress and the House of Representatives. It is composed of 32 ministers, with Fayez-al Sarraj serving as position president of the Presidential committee and prime minister of the GNA.

Libya then found itself with two parliaments, one in Tripoli, under Islamist control, and the other, recognised by the international community, in Tobruk, Cyrenaica, near the Egyptian border, which had been forced to desist by jihadist forces. This led to the start of another conflict, which is still ongoing today. In Cyrenaica, a confused and multiform war is taking place, involving jihadists and supporters of General Khalifa Haftar, who leads the Libyan National Army (LNA) and opposes both the jihadists and the National agreement government. Through his army, the general launched air strikes against Islamist groups in Benghazi in May, with the goal aim of seizing the parliament. He also accuses Prime Minister Ahmed Maiteg of cooperating with Islamist groups. In June, Maiteg resigned after the Supreme Court ruled that his appointment was illegal.

In 2014, Haftar launched "Operation Dignity" against the Islamists, trying to remove Colonel Moktar Fernana, commander of the military police and elected by Misrata and the Muslim Brotherhood, from power. This mission statement failed due to the power of the different Muslim militias throughout the Tripolitania territory, divided into different areas: there is the city of Misrata, which is jihadist territory under the command of the Muslim Brotherhood; to the west, the militia reigns supreme. Berber Arabic-speaking Zenten; in the capital, the Islamist militia Farj Lybia is in control, while Fezzan and the Grand Sud have become quasi-autonomous territories, where the Tuareg are being fought.

In June 2014, parliamentary elections took place. Islamist parties were defeated, there was a leave turnout due to insecurity and a boycott by the dominant parties, and a clash emerged between forces loyal to the NTC and those in the new parliament or House of Representatives (HoR). Eventually, the National Salvation Government emerged, with Muslim Brotherhood ally Nouri Absuhamain as president.

In July, national security deteriorated severely as a result of several events. Tripoli International Airport was destroyed by fighting between Misrata militia and its Dawa Libya operation against Zintan militia; the HoR moved to Tobruk after the Tripoli Supreme Court (composed of the NTC) dissolved it; the NTC voted itself a replacement for the House of Representatives; Asar al-Sharia took control of Benghazi; and UN envoys left the country due to growing insecurity.

On 29 January 2015, the LNA and its allies in Tripoli declared a ceasefire following the "Libyan Dialogue" organised by the UN in Geneva to encourage reconciliation between the different sides. On 17 December of the same year, the Libyan Political agreement , or agreement Skhirat, promoted by UNSMIL, took place. Its goal was to resolve the dispute between the legitimate House of Representatives, based in Tobruk and al-Bayda, and the NTC, based in Tripoli. A 9-member Presidency committee was set up to form a unity government that would lead to elections in two years. The HoR was to be the sole parliament and would act as such until the elections.

On 30 March 2016, the GNA arrived in Tripoli by sea due to the air blockade. The settlement of the legitimate government led to the UN's return to the territory after two years in April. In addition, the GNA, together with US air forces, liberated Sirte from ISIS in December 2016. However, the LNA continued to gain territory, gaining control of the eastern oil terminals in September.

In July 2017, the LNA drove ISIS out of Benghazi. A year later, it controlled Derna, the last western territory under terrorist groups. On 17 December, Haftar declared the Libyan Political agreement null and void, as elections had not taken place, highlighting the obsolescence of the UN-created Libyan government. The general then began to gain traction in the national and international context: "All institutions created under this agreement are null and void, as they have not gained full legitimacy. Libyans feel that they have lost their patience and that the promised period of peace and stability has become a distant fantasy," Haftar declared.

19 April 2019 was the date on which the Libyan National lecture was to be held in Ghadamas to make progress on agreements and to finalise a date on which the presidential and parliamentary elections would be held. However, days before the convening of lecture was cancelled due to the LNA's "Operation Dignity Flood" with the goal of the "liberation" of the country.

 

Correlation of forces in the Libyan civil war, February 2016 [Wikipedia].

 

Foreign interference

The current Libyan status is worrying. The international community fears the country could become the next Syria. The National Liberation Army, led by Haftar, is supported by the United Arab Emirates, hoping to stop the advance of the Muslim Brotherhood, which it considers a terrorist organisation. It is also supported by Egypt and Russia, which are interested in controlling the country's energy resources. The National agreement government, with Fayez al-Sarraj as its leader, represents the legitimate government in the eyes of the international community (the UN recognises it). It is supported by the US and EU countries (except France), as well as Turkey and Qatar, which provide military support (especially the Turks). However, the US and the EU defend the maritime borders of Greece and Israel against Turkey's desire project to build gas pipelines across the Mediterranean to supply itself.

The rapprochement between Haftar and France began in 2015. France attempted to transform the LNA into a legitimate actor, assisting it with clandestine operatives, special forces and advisors. On 20 July 2016, Holland's France officially declared its military support for him after the killing of three French special forces soldiers in Benghazi by the GNA, which argued that it was a 'violation of its national sovereignty'. On 25 July 2019, the Paris Summit took place. Macron invited the two leaders for a dialogue on peace and unity. France's main interest is to eradicate terrorism.

On 6 March 2019, the Abu Dhabi agreement brought together the leaders of the most important sides in the Libyan war and emphasised several aspects: Libya as marital status, shortening the transitional period of government, unification of state institutions (such as the Central Bank), cessation of hatred and its incitement, holding presidential and parliamentary elections by the end of the year, peaceful transfer of power, separation of powers and UN follow-up of agreed points. The site meeting sample shows the strong involvement of the United Arab Emirates in this war, especially as an ally of General Haftar. The Persian Gulf country denied supporting the attack on Tripoli that took place on 31 March 2020 by the LNA. However, several Libyan media reported that two military cargo planes arrived at the Emirati Al-Khadim airbase in the east of the Libyan city of Marj from the Sweihan airbase in Abu Dhabi.

On 27 November 2019, the agreement Maritime Border between the GNA and Turkey took place. Turkish President Erdogan and Fayez al-Sarraj signed two memoranda of understanding. They agreed on an 18.6 nautical mile limit as a shared maritime border between Turkey and Libya and signed a military cooperation agreement whereby Ankara would send soldiers and weapons. Instead of creating a new troop, which would take longer, Turkey offered a salary of 200 dollars a month to fight in Libya as opposed to 75 dollars a month to fight in Syria.

The problem with the maritime border is that it ignores the islands of Cyprus and Greece and violates their rights under the 1994 UN Convention on the Law of the Sea, although neither of these two countries has gone to the Law of the Sea Tribunal. Turkey's interest lies in the possible presence of oil and natural gas off the southern coast of Crete. The agreement will for the time being last as long as the GNA lasts, in a status of instability to which the unpopularity of military intervention in Turkey also contributes.

On 2 January 2020, the presidents of Algeria and Tunisia met with Khalifa Haftar. Algerian President Abdelmadjid Tebboune insisted that the solution to the Libyan problem must be internal and not depend on the influx of arms brought about by foreign interference. He proposed the creation of new institutions that would allow the organisation of general elections and the establishment of the new instructions of the Libyan democratic state with the approval of the UN.

On 6 January, the LNA took control of Sirte. Sirte is strategic as it is close to Libya's "oil moon"average , a coastal strip where several major oil export terminals are located.

On 12 January, Russia and Turkey declared a truce in Syria and Libya. This agreement was a quid pro quoRussia has greater interests in Syria than in Libya, as it seeks a Mediterranean port, and Turkey, as explained above, wants to build a gas supply system across the Mediterranean Sea from Libya. However, agreement is not being fulfilled, especially in the Libyan scenario. UN envoys allege that both countries continue to provide weapons to the guerrillas.

On 19 January, lecture took place in Berlin, which was an attempt to appease status in the country. The United States, Russia, Germany, France, Italy, China, Turkey and Algeria participated, and expressed a commitment to end political and military interference in the country. Without the intervention of third parties, the country would not be able to sustain a civil war, as none of the sides is strong enough. committee At lecture, the non-compliance with the arms embargo established by the UN Security Council in 2011 was also discussed. The problem is that no power, especially Turkey and Russia, acknowledges its involvement, so there are no responsibilities and no sanctions.

A week later, the first violation of the pact took place. As for the truce, Haftar's government, with the goal aim of retaking the capital, launched an offensive in the direction of the city of Misrata, where an important base of the National agreement government is located. In addition, the UN special mission statement in Libya (UNSMIL) stated that material continues to reach the fighting sides by air.

On 31 March, the EU launched "Operation Irini" ("peace" in Greek). It replaces the 2015 'Operation Sophia', which was goal aimed at combating human trafficking off the Libyan coast. The new operation has changed its main focus to goal , as it will fight to enforce the arms embargo. It also has other secondary tasks such as the control of oil smuggling, the continuation of the Libyan coastguard training and the control of human trafficking through the collection of information with the use of air patrols. This initiative was born above all on the part of Italy, the first country to receive Libyan refugees and therefore concerned about immigration. This leadership is manifested in the development of the operation, as the headquarters are in Rome and the operational direction is at position of Italian Rear Admiral Fabio Agostini. For the time being, it has a duration of one year.

On 5 April, the UN called for a cessation of hostilities to combat Covid-19. It called for a humanitarian truce involving not only the national sides but also foreign forces. The virus claimed the life of Mahmoud Jibril, former prime minister and leader of the rebellion against Gaddafi.

New regional geopolitics and conclusion

We can define the new Libyan geopolitics through the following points. First, the spread of arms throughout the Sahara-Sahel region, the area of old and current conflicts. Second, the border threat felt by Egypt, Algeria and Tunisia due to internal conflict. Finally, the disinterest of the new Libyan authorities in the Greater South, as it has virtually become independent, controlling almost all trade across the Sahara. Al-Qaeda, through sub-groups such as Fajr Libya, is attempting to establish an Islamic State of North Africa in imitation of Iraq. To this end, in the conquered areas, Daesh destroys the tribal paradigm by liquidating tribal chiefs who do not want to ally with them with the aim of terrorising the rest. goal . It is through these practices that all the jihadist militias were able to ally themselves at the end of 2015. Faced with this, the United Nations sponsored Fayez Sarrraj as Prime Minister, who was installed in Tripoli in April 2016. 

Libya is a privileged state in terms of natural wealth. However, it has suffered much in its history and continues to do so. It has gone through monarchies, colonisation and dictatorships before finally becoming a failed state. Its political structure is complicated, as it is tribal, which is why none of the political systems have been entirely successful because they have failed to harmonise internal organisations. Today the country consists of three rival governments and hundreds of militias and armed groups that continue to compete for power and control of territory, trade routes and strategic military sites. For status to be resolved, the countries actively involved in the conflict (Russia, Turkey, the United Arab Emirates and Qatar) need to comply with the UN arms embargo. In addition, foreign powers need to increase their understanding of the country in order to be successful in bringing about the best possible solution. Even if Libya is on the verge of becoming the next Syria, there are still opportunities to save status and give the country what it has long lacked: stability.

 

REFERENCES

Al Jazeera, A. (December 18, 2017). Haftar: Libya's UN-backed government's mandate obsolete.

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