Brushing aside concerns about the Kerry-Logar legislation as misinterpretation, Washington has rejected Pakistan's popular demand to bring any change to the capitulating conditions attached to $7.5 billion aid to the beleaguered nation. Instead, Senator John Kerry, Senator Richard Lugar and Congressman Berman issued a five-page Explanatory Statement to facilitate, what it called, accurate interpretation of the text of the law that has fueled more hatred against Washington. President Barack Obama signed the controversial legislation - the Enhanced Partnership with Pakistan Act of 2009 - on Thursday without fanfare.
The explanatory note attached to the Kerry-Lugar legislation in the face of bitter criticism by the Army and all major Pakistani political parties except the ruling Pakistan People's Party, does not change the contents of the legislation. Nor is it in any way binding because it cannot override the provisions of the US Federal Law. It is a sort of letter of intent which legally has no force of law behind it.
President Zardari's government has accepted the Explanatory Statement amid a wide rift between the popular view against the Kerry-Lugar legislation and the Washington's client government in Islamabad. While there is a widespread rejection of the Kerry-Lugar legislation within Pakistan as it is generally considered as anti-Pakistan, the Presidency has insisted that it has nothing against the national interests and sovereignty of the country.
On October 8, Presidential spokesman Farhatullah Babar said that the President Asif Ali Zardari as well as the Prime Minister Yusuf Raza Gilani did not consider the Kerry-Lugar Bill as being against Pakistan's national interests. Babar justified the US legislation by saying: What the US Congress demanded was even part of the Charter of Democracy, which too asked for civilian control over the security institutions.
Offensive conditions of the so-called Enhanced Partnership with Pakistan Act of 2009
The Secretary of State has to issue a certificate on some sensitive subjects before each installment of the US aid is to be disbursed. Under Section 302, every 180 days through September 30, 2014, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report that describes the assistance provided under this Act during the preceding 180-day period. The report shall include an evaluation of efforts undertaken by the Government of Pakistan to:
(A) disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas; (B) eliminate the safe havens of such forces in Pakistan; (C) close terrorist camps, including those of Lashkar-e-Taiba and Jaish-e-Mohammed; (D) cease all support for extremist and terrorist groups; (E) prevent attacks into neighboring countries; (F) increase oversight over curriculum in madrassas, including closing madrassas with direct links to the Taliban or other extremist and terrorist groups.
Under Section 302A (12) the report should also include a detailed description of Pakistan's efforts to prevent proliferation of nuclear-related material and expertise. And Under Section 302A (13), an assessment of whether assistance provided to Pakistan has directly or indirectly aided the expansion of Pakistan's nuclear weapons program, whether by the diversion of United States assistance or the reallocation of Pakistan's financial resources that would otherwise be spent for programs and activities unrelated to its nuclear weapons program;
Sub-clause (15) of the same section also calls for an assessment of the extent to which the Government of Pakistan exercises effective civilian control of the military, including a description of the extent to which civilian executive leaders and parliament exercise oversight and approval of military budgets, the chain of command, the process of promotion for senior military leaders, civilian involvement in strategic guidance and planning, and military involvement in civil administration.
Regional security strategy issue is another offensive issue. Under section 301B (2), the President shall develop a comprehensive interagency regional security strategy ". by working with the Government of Pakistan and other relevant governments and organizations in the region and elsewhere. According to Member of Parliament Marvi Menon, it is exactly this kind of regional strategy that will be in conflict with Pakistan's national security interests since it could include Indian intelligence agency RAW, Israeli spy agency MOSSAD and many other unfriendly groups and organizations.
Army expresses concern
On October 7, 2009, the Army high command expressed concern that the US law is highly intrusive in nature and will have serious implications on national security.
The
main areas where army had expressed its reservations are the inclusion of a
clause under which an assessment was required on whether assistance provided to
Pakistan was going directly or indirectly to aid the expansion of its nuclear
weapons' program. The army says that the language used in the bill would amount
to the capping of the nuclear program.
Concern has also been expressed over the requirement of certification that
Pakistan has made progress in preventing cross-border attacks and whether it
has dismantled the alleged terrorist basses in Quetta and Muridke.
And another serious reservation was on the clause related to civilian control of the military's promotions and other related matters that were totally unacceptable to the military commanders.
The Army conveyed its concern to the United States when Commander of International Forces in Afghanistan General Stanley McChrystal met Army chief General Ashfaq Pervez Kayani at the GHQ in Rawalpindi on October 6. General Kayani told General McChrystal that like the Pakistani people, the military and intelligence services were furious at the observations made on Pakistan's security establishment in the Kerry-Lugar legislation.
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