Politics and Government

Political Transitions

  • Political Transitions
    Guest Post: What Happens When “Foreign Fighter” Means American?
    Julia Trehu is an intern in the Center for Preventive Action at the Council on Foreign Relations. As the civil war rages in Syria, the arrival of foreign combatants in the region has become a troubling characteristic of the opposition forces battling President Bashar al-Assad’s regime. European governments have already taken steps to directly address the issue of their citizens’ involvement in the conflict–Belgium established a network to monitor returning fighters, and the Netherlands defined the return of jihadists from Syria as a top-level security threat.  A recent article documenting the flow of foreign fighters into Syria comes at a time when the United States is supplying limited arms to the opposition, an already controversial decision with concerns about ensuring that terrorists do not receive weapons. The question of foreign involvement, specifically of American citizens acting as free agents, could complicate immediate policy options in Syria,  evoke potential long-term threats, and provoke debate over the targeting of American citizens in the fight against global terror networks and their affiliates. Documenting outsiders taking part in the Syrian conflict is notoriously difficult. Current estimates suggest that there are around 6,000 total foreigners, roughly ten percent of whom hold Western passports. However, the presence of Americans is undeniably rising. In late May, Nicole Lynn Mansfield of Flint, Michigan was found dead in northern Syria. While her family claimed she was “misguided by the people who just wanted to use her because she’s American,” Syrian state-run media reported that she had been allied with the al-Qaeda affiliated al-Nusra front, one of the most high-profile radical elements of the Syrian opposition. However, a June 2013 study by the Washington Institute for Near East Policy cites only one known case of an American fighting in Syria–Eric Harroun, an American soldier currently in U.S. custody on charges of collaboration with al-Nusra. By the end of July, the New York Times reported that U.S. intelligence officials could cite about a dozen known cases. Syria is not the first instance in which American citizens have elected to take part in overseas conflicts. Wiborg vs. U.S. established in 1896 that it is legal for citizens to enlist in a foreign army, essentially authorizing them to take part in another country’s civil war. However, the Department of State warns of “loss of U.S. nationality if an American voluntarily and with the intention of relinquishing U.S. citizenship enters or serves in foreign armed forces engaged in hostilities against the United States.” Recent statements by Manuel Valls, French foreign minister, underline that, "The fighters in Syria are not fighting France or Europe; they are fighting against the Assad regime…It’s not against French law to fight in a war, but it is a crime to participate in a terrorist organization," posing unique legal complications for the Western approach to Syria. Militants engaged in combating the Assad regime, whether Syrian or foreign, are a diverse group. Does the fractured quality of the Syrian opposition therefore constitute a potential grey area? What should happen in cases like the ongoing arraignment of Eric Harroun, where defendants claim to have been allied with U.S.-backed forces rather than terror-affiliated opposition elements? Being that al-Nusra is a designated terrorist organization, an American who decides to take part in the Syrian conflict could be immediately suspect, regardless of his or her true aims, due to the growing internal ambiguity of the opposition. Determining the motivation and alignment of foreign citizens in Syria will be vital. The ways in which foreign fighters have mobilized to participate in Syria pose major concerns for wartime settings. Social media represents both positive and negative aspects of the ongoing conflict, allowing studies like that from the Washington Institute for Near East Policy cited above to document otherwise murky statistics, but also facilitating terrorist recruiters’ contact with a global audience, with the potential to lead to unpredictable “self-radicalization” around the world. As Syria becomes the go-to location for radical Islamists, the war will only devolve into an increasingly sectarian conflict, pitting the numerous factions within Syria against each other and lessening prospects for post-conflict reconciliation and rebuilding. With Assad’s recent gains and increasing confidence, his argument that the regime represents the legitimate counter-force to terrorists will only be strengthened as the influx of foreign extremists further factionalizes and weakens the opposition, prolongs the fighting, and increases the violence. With the growth of radical elements and inter-group violence within the anti-government movement, the outcome of an “opposition” victory is increasingly vague. The recent death of the Free Syrian Army’s Kamal Hamami at the hands of the al-Qaeda affiliated Islamic State of Iraq and the Levant (also allied with al-Nusra) is a striking example of a growing “civil war within the civil war,” making an eventual peace agreement seem increasingly distant. These foreign arrivals may not only influence the post-conflict situation within Syria, but also pose a widely-recognized danger with major security implications for nations to which they return, battle-hardened and radicalized by exposure to terrorist organizations. The decision to provide arms to the Syrian opposition also makes Western aid more difficult to justify and efficiently distribute, juxtaposing the argument that influencing the rebel movement will hasten the war’s end with dire historical comparisons to 1980s Afghanistan, during which Western support of anti-Soviet militants eventually backfired with the rise of al-Qaeda. What are some potential measures to address the issue of foreigners fighting in Syria as policymakers deal with potential involvement of American citizens and the immediate implementation of wartime assistance?  The United States should support and encourage Turkey to strengthen its porous border in order to prevent the flow of militants into the country. Although the State Department has not operated an embassy in Damascus since February 2012 and strongly dissuades Americans from entering the country, greater awareness of Americans in Syria will both protect those who claim to be there for legitimate reasons, such as journalists, and monitor those who may be allied with terrorist factions. Overall, the United States will not be immune to the ballooning presence of foreign fighters in Syria and the inherent dangers for the future stability of the region and long-term national security interests.  If Syria continues to devolve into a hotbed of global extremism, the already contentious issue of targeting citizens involved in overseas terrorism, such as the increasingly controversial use of drones in Pakistan or Yemen, will also provoke a debate over how to address the legal ambiguities or security concerns of Americans returning from self-conscripted combat in Syria.
  • Political Transitions
    Guest Post: An Unwritten Definition: Humanitarian Intervention After Mali
    Amelia M. Wolf is a research associate for the Center for Preventive Action and the International Institutions and Global Governance program at the Council on Foreign Relations. While the international community is fixated on what world leaders are not doing or could be doing in Syria, their actions in Mali have been overlooked. Since the military-led coup in March 2012, the United States and its allies–particularly France and the Economic Cooperation of West African States (ECOWAS)–have been actively engaged in finding a political solution to the instability in Mali. The form of “humanitarian intervention” that has emerged differs greatly from former interventions and will significantly influence those in the future. There are three unique components that will affect the purpose, and the likelihood of authorization and success of future humanitarian interventions. First: regional cooperation. Mali is one of the first large-scale interventions not led by the United States. Although France took the initiative in the early stages, the primary actors now include ECOWAS and countries that neighbor Mali. Support, personnel, training, and equipment provided by Western countries is necessary, however an emphasis placed on an African-led solution provides an opportunity for West Africa to demonstrate its ability to effectively address threats to regional security. Solutions developed by relevant stakeholders tend to be longer lasting, more effective, and better at addressing root causes. Successful stabilization of Mali could set a precedent for future action, diminishing the role of external actors and strengthening the role of regional actors in future UN intervention strategies. Second: China’s unprecedented military role. For the first time, China has committed combat troops to a UN-led humanitarian intervention, an action that Beijing once condemned as an illegitimate interference in other countries’ domestic affairs. Although it sent a limited number of combat troops to South Sudan in 2012 to protect Chinese engineers and doctors, reports suggest that China will commit approximately 500 to 600 combat troops to the UN peacekeeping mission in Mali. This would be the largest commitment among the five permanent members of the UN Security Council (P5) to the 11,2000 military personnel mandated for the mission and China’s largest deployment ever to a UN peacekeeping operation.  China has maintained a low profile in the UN for many years because it “did not want to be seen as changing its foreign policy radically as it rises to a global power,” as noted by Kathrin Hille. China’s national interests and foreign policy agenda frequently conflict with those of the remaining P5. However, failure to recognize and openly discuss the slow extension of Chinese foreign policy and national interests into international relations could complicate the traditional UN form of humanitarian intervention. Third: counterterrorism. Post-Cold War humanitarian interventions had a specific mandate of protecting civilians. In Mali, counterterrorism has been the primary concern for all actors, particularly for the United States and France, due to a rising threat of terrorism in the region and the central role of the al-Qaeda in the Islamic Maghreb (AQIM) in national destabilization. Although threats of terrorism are cited in UNSC Resolution 2100, which established the UN Multidimensional Integration Stabilization Mission in Mali (MINUSMA) “to support political processes in that country and carry out a number of security-related tasks,” the mandate of MINUSMA does not include a provision for combating extremists. However, it does authorize the troops to “use all necessary means” to carry out security and stabilization tasks, protect civilians, UN staff, and cultural artifacts, and enable conditions for provision of humanitarian aid. Within and outside of UN action, external actors have taken the initiative to protect their national interests. France has taken the lead in combatting extremists in the north and the United States has set up a drone base in Niger to provide reconnaissance of Islamist militants.  The use of United States’ drones for surveillance in the region has drastically increased and is “the latest indication of the priority Africa has become for the United States,” as Eric Schmitt wrote last week. In addition, the United States has “not ruled out equipping the aircraft with Hellfire missiles in the future,” Craig Whitlock noted. The insertion of national interests into UN missions could negatively impact the authorization of humanitarian intervention in future situations. This was demonstrated following the intervention in Libya when Russia and China blocked all resolutions calling for a UN-mandated humanitarian intervention for the protection of civilians in Syria, citing fears that states backing intervention had alternative motives, such as “regime change.” Prioritization of national interests, and unclear or overly inclusive UN mandates could result in failures to authorize future interventions. The future of humanitarian intervention remains unwritten. Actions in Mali and the surrounding region will shape its future–determining whether interventions will progress from earlier forms or become increasingly convoluted with the rise of global leaders and differing national interests.
  • Politics and Government
    Weekend Reading: Morsi’s First Year, Qatar’s Royal Family, and Political Islam in Tunisia
    Steve Negus, writing on Arabist.com, reviews President Mohammed Morsi’s first year. A visual of Qatar’s ruling family, the al-Thani dynasty, depicting family dynamics of the recent succession. Ishac Diwan and Hedi Larbi question how political Islam in Tunisia can be a constructive player in a democracy.    
  • Political Transitions
    You Might Have Missed: Syrian Intervention, Drone Transparency, and Surveillance Programs
    Nuclear Nonproliferation: IAEA Has Made Progress in Implementing Critical Programs but Continues to Face Challenges,” U.S. Government Accountability Office, May 16, 2013. As of December 2011, IAEA reported that 1,209 nuclear facilities and other locations outside such facilities containing significant quantities of nuclear material were subject to safeguards activities. (3PA: This is an excellent overview of the IAEA’s efforts at nuclear proliferation and security issues, including how much of its budget--and essential extra-budgetary resources--are provided by the United States. Read full report (PDF).) “State of the Union with Candy Crowley, Interview with Mike Rogers, Robert Menendez,” CNN, June 16, 2013. Robert Menendez:…And the reality is we need to tip the scales, not simply to nudge them. And the president’s moving in the right direction. And to a large degree, this is about whether or not we exert American leadership with our allies abroad, both in the gulf region and in Europe. A lot of what we want to see done can be done through our allies if we direct them and tell them this is where we want to head. If Assad continues to have unlimited air power and artillery, that’s a hard battle to win against, you know, simple arms. Josh Gerstein, “Feds won’t budge on public access to drone legal memos,” Politico, June 17, 2013. The public has no right to examine classified Justice Department legal opinions on the so-called "targeted killing" of Americans and foreigners, even though President Barack Obama recently acknowledged that the U.S. used drones to kill alleged Al Qaeda operative Anwar Al-Awlaki, the Obama Administration argued in a legal brief filed Friday. (3PA: Obama’s has repeatedly vowed that his administration will be "the most transparent administration in history”: http://atfp.co/10EQcIe.) Julian R. Barnes and Geoffrey T. Smith, “Tensions Rise Over Syrian War Ahead of Summit,” Wall Street Journal, June 17, 2013. Responding, Mr. Putin repeated his characterization of Mr. Assad’s opponents as radicals who cover up their many atrocities. "You want to support these people? You want to supply arms to these people? This bears little relation to the humanitarian values that countries all across Europe have been propagating for hundreds of years," Mr. Putin said following a meeting with British Prime Minister David Cameron in London. He defended Russia’s supplies of arms to the country as "completely in line with international law," inasmuch as Mr. Assad’s government is still internationally recognized as legitimate "We need to tip the scales—not simply to nudge them," Sen. Bob Menendez (D., N.J.), the chairman of the Senate Foreign Relations Committee, said in a televised interview Sunday. "You can’t just simply send them a pea shooter against a blunderbuss." John Soltz and Sen. Tom Udall, “President Obama Has Three Questions to Answer on Arms to Syria,” Huffington Post, June 17, 2013. A number of experts are warning that the options to intervene in Syria are misguided, and could prove damaging to America’s strategic interests….This rush to judgment is dangerous. We should learn from history, not repeat it. Given this reality, President Obama must ask himself three questions: Is he absolutely convinced that arms can be reasonably accounted for and kept out of the hands of terrorist and extremist groups? Can he assure us that those arms will not become a threat to our regional allies and friends, including the government of Iraq? And if the answer to the two previous questions is no, then can he truly articulate why transferring our weapons to unorganized rebels, whose members may be affiliated with terrorist and extremist groups, is a sensible option for the American people? “Senators McCain, Levin and Menendez Send Letter to President Obama on Syria,” June 18, 2013. The conflict in Syria is deteriorating so dramatically that providing arms to the opposition alone is unlikely to shift the military balance of power against Assad. We must also degrade Assad’s ability to use air power and ballistic missiles against civilian populations and opposition forces in Syria. Such actions could include the targeting of regime airfields, runways, and aircraft on the ground, which would also limit Assad’s ability to transport and resupply his ground forces and those of his allies by air. Finally, as part of this military effort, we encourage you to take steps to support the Syrian political and military opposition in creating and defending safe zones inside Syria where they can better organize and unify their efforts. Lee-Anne Goodman,Peter MacKay in U.S. capital meeting with Chuck Hagel, John McCain,” The Canadian Press, June 18, 2013. "There’s an old line about those who refuse to learn the lessons of history are doomed to repeat them," McCain told reporters at the Canadian embassy in the U.S. capital. "We, with air power, went in and stopped genocide from taking place in the very heart of Europe," he said. "So everybody looks at the Afghanistan and Iraq examples, but there are other examples." Anita Jumar, “Secrets piling up faster than government can declassify some,” McClatchy, June 19, 2013. In fiscal year 2011, about 2,400 employees classified documents and only hundreds declassified them, according to the most recent statistics available – which exclude the backlog – from the Information Security Oversight Office. They classified information 92 million times and declassified it only 27 million times. They spent more than $11 billion to classify documents at 41 agencies – more than double the amount a decade ago – and only $53 million on declassification. Nour Malas, “Regime Erodes Hopes for Rebel Enclave in Syria’s North,” Wall Street Journal, June 20, 2013. "A no-fighting zone down in the south and in the north could help, extending from the border to where many of the refugees are," inside Syria, said a senior U.S. official who supports the idea. "We are looking for the best option with the least involvement," the official said. "We have to be cautious about not allowing it to escalate." Sen. Patrick J. Leahy Holds Hearing on Federal Bureau of Investigation Oversight, Senate Committee on the Judiciary, June 19, 2013. Sen. Dianne Feinstein: I think the greatest threat to the privacy of Americans is the drone and the use of the drone, and the very few regulations that are on it today and the booming industry of commercial drones. You mentioned that you use it for surveillance. What are the privacy structures on the use of drones by your agency today? FBI Director Robert Mueller: Well, it’s very seldom used and generally used in a particular incident where you need the capability. I will have to go back and check in terms of what we keep, in terms of the images and the like. But it is very narrowly focused on particularized cases and particularized needs and particularized cases. And that is the principal privacy limitations we have. Feinstein: I would like to get that information. I think it would be helpful to us legislatively. (3PA: Troubling that Feinstein notes Americans’ privacy concerns regarding drones, but them has never seen--or apparently requested--the FBI’s privacy limitations that exist to address those concerns.)
  • Democracy
    Pathways to Freedom
    Read an excerpt of Pathways to Freedom. Many developing countries have launched transitions from authoritarianism to democracy over the past twenty-five years. While some have succeeded in building relatively strong democracies with shared prosperity, others have stumbled. As a wave of change continues to unfold across the Middle East, Africa, and Asia, the policy-relevant insights that can be gleaned from recent transitions are more salient than ever. Through case studies on Brazil, Indonesia, Mexico, Nigeria, Poland, South Africa, Thailand, and Ukraine, Pathways to Freedom explores the structural factors and policy choices that shaped eight important transitions—some successful, others less so. The case studies focus on six themes: socioeconomic inclusion and exclusion, economic structure and policies, civil society and media, legal system and rule of law, government structure, and education and demography. Additional chapters examine these themes in light of the quantitative evidence on democratization and highlight concrete policy recommendations from across the case studies. With concise historical analysis and forward-looking prescriptions, Pathways to Freedom offers an authoritative and accessible look at what countries must do to build durable and prosperous democracies—and what the United States and others can do to help. Professors: To request an exam copy, contact [email protected]. Please include your university and course name. Bookstores: To order bulk copies, please contact Ingram. Visit https://ipage.ingrambook.com, call 800.234.6737, or email [email protected]. ISBN: 978-0-87609-566-9
  • Political Transitions
    You Might Have Missed: Surveillance Programs, Intervention in Syria, and Chinese Foreign Policy
    Alastair Iain Johnston, "How New and Assertive Is China’s New Assertiveness?International Security 37, no. 4 (Spring 2013): 7–48. Why, then, does it matter whether PRC diplomacy as a whole in 2010 can or cannot be characterized as “newly assertive”? It may matter because language can affect internal and public foreign policy debates. There is a long-standing and rich literature on the role of the media in agenda setting. What does agenda setting mean in concrete terms? It means focusing attention on particular narratives, excluding others, and narrowing discourse. In the agenda setting literature, it refers to the power of information entrepreneurs to tell people “what to think about” and “how to think about it.” It can make or take away spaces for alternative descriptive and causal arguments, and thus the space for debates about effective policy. The prevailing description of the problem narrows acceptable options. The conventional description of Chinese diplomacy in 2010 seems to point to a new, but poorly understood, factor in international relations—namely, the speed with which new conventional wisdoms are created, at least within the public sphere, by the interaction of the internet-based traditional media and the blogosphere. One study has found, for instance, that on some U.S. public policy issues, the blogosphere and the traditional media interact in setting the agenda for coverage for each other. Moreover, on issues where this interaction occurs, much of the effect happens within four days. Other research suggests that political bloggers, for the most part, do not engage in original reporting and instead rely heavily on the mainstream media for the reproduction of alleged facts. The media, meanwhile, increasingly refers to blogs as source material. The result is, as one study put it, “a news source cycle, in which news content can be passed back and forth from media to media.” Additional research suggests that the thematic agendas for political campaigns and politicians themselves are increasingly influenced by blogosphere-media interaction. Together, this research suggests that the prevailing framework for characterizing Chinese foreign policy in recent years may be relevant for the further development (and possible narrowing) of the policy discourse among media, think tank, and policy elites. As the agenda-setting literature suggests, this is not a new phenomenon. What is new, however, is the speed with which these narratives are created and spread—a discursive tidal wave, if you will. This gives first movers with strong policy preferences advantages in producing and circulating memes and narratives in the electronic media or in high-profile blogs, or both. This, in turn, further reduces the time and incentives for participants in policy debates to conduct rigorous comparative analysis prior to participation. This is ironic, of course, given the proliferation of easier-to-access data and original information sources on the internet with which to conduct such rigorous comparative analysis. James Kitfield, “A Hollow Military Again?” National Journal, June 12, 2013. “The way President Obama put it to me is, ‘Give me fewer Iraqi Freedoms and more Desert Storms,’ said Adm.  James Winnefeld Jr., vice chairman of the Joint Chiefs, who coordinated the new defense strategic guidance. Senate Appropriations Committee hearing on "Preparing for and Responding to the Enduring Threat,” June 12, 2013. Sen. Mary Landrieu: “I hope that in the classified hearing that more of this can be brought to light. And I most certainly am going to be explaining this to my constituents in an appropriate, balanced way.” (3PA: This quote summed up the congressional oversight process.  Only behind closed doors can controversial surveillance programs be brought to light, and which, constituents must rely upon the judgments of their elected members.) Ruth Marcus, “James Clapper’s ‘least truthful’ answer,” Washington Post, June 13, 2013. Ron Wyden doesn’t want to call the director of national intelligence a liar. The Oregon Democrat is too seasoned a politician for that — and James Clapper’s self-assessment, that he answered in the “least untruthful manner” when the senator asked whether the National Security Agency was collecting data about millions of Americans, speaks for itself. “No, sir . . . not wittingly,” Clapper said, when the answer was clearly — and is now demonstrably — yes. “When I heard his response, I said, ‘I’ve got more follow-up work to do,’ ” Wyden said with studied mildness when we spoke Thursday. Did Clapper lie? “I want to leave it at that,” Wyden demurred. Then he added, pointedly: “You cannot have strong oversight if intelligence officials don’t give you straight answers.” And that is the paradox — the fallacy, even — of congressional oversight in the post-9/11 environment. Brigid Schulte, “Many women in CIA still encounter glass ceiling, agency report says,” Washington Post, June 13, 2013. In many ways, the dearth of women at the top levels of leadership at the CIA is not unlike the dearth of women at the top of any federal agency. Women make up 31 percent of the CIA’s Senior Intelligence Service and 33 percent of the entire federal government’s Senior Executive Service. In public remarks to staff members, CIA Director John O. Brennan said he fully supports the recommendations and has named a senior female officer in the clandestine service to oversee their implementation. Changing the agency culture may take years, Brennan said, but doing so would “ensure all employees have the opportunity to reach their full professional potential” and enable the agency to better meet its mission. “The countries that figure out how to crack this code,” she said, “will be tremendously advantaged in the future.” Read the full report: “Director’s Advisory Group on Women in Leadership.” Statement issued by the White House on behalf of Benjamin Rhodes, deputy national security adviser, New York Times, June 13, 2013. The President has been clear that the use of chemical weapons – or the transfer of chemical weapons to terrorist groups – is a red line for the United States, as there has long been an established norm within the international community against the use of chemical weapons.  Our intelligence community now has a high confidence assessment that chemical weapons have been used on a small scale by the Assad regime in Syria.  The President has said that the use of chemical weapons would change his calculus, and it has. Put simply, the Assad regime should know that its actions have led us to increase the scope and scale of assistance that we provide to the opposition, including direct support to the SMC. These efforts will increase going forward. (3PA: Sending arms to support Syrian rebels will not change the outcome, let alone topple Assad. For more see: “The No-Plan Zone.”) Tom Vanden Brook, “Marines, Army form quick-strike forces in Africa,” USA Today, June 14, 2013. The Marines will base 500 troops at Moron Air Force Base in Spain, about 35 miles southeast of Seville, said Capt. Eric Flanagan, a Marine Corps spokesman. They can be flown on short notice to African crises aboard six Osprey tilt-rotor aircraft. The unit is known as the Special Purpose Marine Air-Ground Task Force for Crisis Response. It will act as a first responder to U.S. embassies in the region on behalf of U.S. Africa Command, Flanagan said. It will be on standby to help evacuate Americans from hot spots and to provide disaster relief and humanitarian missions.
  • Defense and Security
    You Might Have Missed: Syrian Air Defenses? Drones, and Benghazi
    Olga Khazan, “Interview: NATO Supreme Allied Commander on Syria and Soft Power,” The Atlantic, May 9, 2013. But one strike is a very different proposition than launching a big campaign. The benefit of surprise and stealth and a single-point strike may or may not tell us a good deal about Syrian air defense, broadly conceived. Syria has about 10 times the air defense capability that Libya had, and it’s compressed into about one-fifth the space of Libya. It would be a challenging air defense environment. (3PA: On April 30, Gen. Martin Dempsey chairman of the Joint Chiefs of Staff stated that compared to Libya: “In Syria you’ve got five times more air defense systems, some of which are high-end systems, which means higher altitude, longer range. More importantly, they’re all collapsed into the western one-third of the country. So it’s a much denser and more sophisticated system.”  Which is it? Stravidis: 10 times and one-fifth, or Mullen: five times and one-third?) Julian E. Barnes, “Shrinking Budget Forces Army Into New Battlefield,” Wall Street Journal, May 10, 2013. "It is almost like the Army needs a therapist," said a senior Army official. "Go lie down in a dark room and think about what does the nation expect of me and how am I going to do that." “The Use of Armed Drones Must Comply With Laws,” International Committee of the Red Cross, May 10, 2013. “How to Generate Distrust on Drones,” New York Times, May 9, 2013. President Obama says he wants greater transparency for the clandestine killing of terrorists overseas, largely using missiles fired by drones. There has been little public action on this pledge, but if he is serious, he should consider many of the recommendations made this week by a former legal adviser to the State Department, Harold Koh. Speaking at Oxford University on Tuesday, Mr. Koh said the legal standards and procedures of the killing program are far too secret, even to Congress and American allies. That has fostered a growing sense that the program is “illegal, unnecessary and out of control,” he said. (3PA: For my thoughts on Koh’s remarks, see “Talking in Circles.”) Dexter Filkins, “The Thin Red Line,” The New Yorker, May 13, 2013. Still, Obama has said that he is worried that arming the rebels will have unintended consequences: a genocide against the Alawites; weapons falling into the hands of Islamist extremists, as happened when the U.S. armed Afghan jihadis in the nineteen-eighties; or a rapid political collapse that demolishes the state’s institutions. “If we’re not careful about who gets weapons, we’ll be cleaning that up for years,’’ the senior White House official told me. “We saw that movie in Afghanistan.” Ernesto Londono, “Special Ops Halted From Responding to Benghazi Attacks, U.S. Diplomat,” Washington Post, May 6, 2013. As the weakly protected U.S. diplomatic compound in eastern Libya came under attack the night of Sept. 11, 2012, the deputy head of the embassy in Tripoli 600 miles away sought in vain to get the Pentagon to scramble fighter jets over Benghazi in a show of force that he said might have averted a second attack on a nearby CIA complex. Hours later, according to excerpts of the account by the U.S. diplomat, Gregory Hicks, American officials in the Libyan capital sought permission to deploy four U.S. Special Operations troops to Benghazi aboard a Libyan military aircraft early the next morning. The troops were told to stand down. Robert Burns, “AP Exclusive: Air Force Sidelines 17 ICBM Officers,” Associated Press, May 8, 2013. The Air Force stripped an unprecedented 17 officers of their authority to control — and, if necessary, launch — nuclear missiles after a string of unpublicized failings, including a remarkably dim review of their unit’s launch skills. The group’s deputy commander said it is suffering "rot" within its ranks. "We are, in fact, in a crisis right now," the commander, Lt. Col. Jay Folds, wrote in an internal email obtained by The Associated Press and confirmed by the Air Force. Craig Whitlock, “Lawmaker Wants Military to Promptly Alert Congress About Drone Strikes,” Washington Post, May 8, 2013. A leading House Republican said Wednesday that he wants to require the U.S. military to “promptly” inform Congress about every drone strike it conducts outside Afghanistan as well as other military operations to kill or capture suspected terrorists outside declared war zones. Rep. Mac Thornberry (Tex.), the chairman of a House Armed Services subcommittee, said his panel already receives regular reports on counterterrorism operations from the Defense Department. But he said he will introduce a bill Thursday that would codify the practice into law to reassure the public that Congress is providing adequate oversight of drone strikes and other sensitive military operations… Thornberry’s bill would require the administration to produce a report describing its legal justification and decision-making processes for military drone strikes and other capture-or-kill operations outside Afghanistan. Although the administration has recently shared some of its legal rationale with lawmakers, it has done so reluctantly and behind closed doors. (3PA: Much of what Thornberry proposes is already being done with joint special operations command reporting to the armed services committees. However, this was the first time an armed services committee chair acknowledged its oversight role in targeted killings, unlike Sen. Dianne Feinstein (D-CA) and Rep. Mike Rogers (R-MI) chairs of the intelligence committees who routinely tout their oversight of CIA operations. The text of Thornberry’s bill is not yet available on thomas.gov)
  • Pakistan
    Support Process Over Personalities in Pakistan
    Pakistan's leadership transitions over the course of 2013 will complicate, perhaps even disrupt, the already tenuous U.S.-Pakistan relationship. As in the past, Washington may be tempted to lend support to Pakistani leaders with "pro-American" leanings. U.S. officials should resist these temptations. The United States should cast its weight behind Pakistan's constitutional, rule-based process of leadership transition. By actively encouraging Pakistan's leaders to stick to their own rules (while otherwise standing above the political fray), the United States would improve prospects for an orderly transfer of power that would contribute to Pakistan's overall stability. Pakistani leaders who emerge from such a process may not be especially friendly to Washington, but they will at least be open to businesslike cooperation on matters of greatest U.S. concern. Tumultuous Politics Create Near-Term Challenges Pakistan's most powerful institutions face leadership changes in 2013. National assembly elections are expected in late spring 2013, and the opposition is favored to win. Victorious parties should form a government by summer, but the politicking will not end there. An indirect presidential election follows in September, the army chief's term ends in November, and in December the Supreme Court chief justice will reach mandatory retirement age. All of these changes will distract Pakistan's leadership from external affairs and limit prospects for near-term bilateral cooperation. U.S. officials should give careful thought to how their actions might influence Pakistan's political environment. Counterterror operations could be particularly disruptive during the election season. U.S. drone strikes and other covert activities on Pakistani soil are broadly unpopular; if conducted in the midst of campaigning they would help mobilize support for candidates with particularly anti-American platforms and tip the balance in the next national assembly. U.S. targeting decisions throughout 2013 should give greater weight to the political costs of drone strikes as compared to their tactical benefits. Once Pakistan's sitting assembly is replaced by a caretaker government (for the two months before election day), the United States should suspend drone strikes, making exceptions only for Ayman al-Zawahiri and plotters of imminent terrorist attacks. The Path to Political Stability Given its size, location, and nuclear arsenal, the United States has a strong interest in Pakistan's political stability. A civilian democratic order should improve Pakistan's prospects for stability over the long run, but for now it remains a messy work in progress. Orderly transfers of power and on-time retirements cannot be taken for granted in a country with a long history of election rigging and military interference. Since 2007, Pakistan's activist chief justice, Iftikhar Muhammad Chaudhry, has been an unpredictable factor. With violence in many parts of the country, political turmoil could fuel wider conflict. If Pakistan's political actors stick to the rules in 2013—win or lose—it would be a triumph for national stability. Admittedly, sticking to the rules could elevate less friendly faces to power in Islamabad. A new batch of leaders could impede U.S. cooperation or fight among themselves. Opposition leader and former prime minister Nawaz Sharif has a conflictual history with the army. If his Pakistan Muslim League–Nawaz (PML-N) party wins, it would set up another civil-military contest for power. Imran Khan, head of the opposition Pakistan Tehreek-e-Insaf (PTI) party, has criticized U.S. counterterror policy, particularly drone strikes. A new chief justice is more likely to be co-opted or silenced, ending a remarkable period of judicial activism. The next army chief could—just like his two predecessors—begin his tenure by retreating from constructive diplomacy with India. He might also be less cooperative with the United States as it attempts to withdraw from Afghanistan and to accelerate the process of political dialogue with Afghan insurgents. All of these scenarios would be setbacks for the United States, but they are manageable. The most dangerous, revolutionary scenarios will become plausible only if the process of political transition breaks down. Pakistanis might then rise in mass protest, or the army might split into factions. Recognizing these dangers, Pakistan's military and civilian leaders have all committed to following constitutional processes. The true test, however, will come when they face the imminent prospect of losing their jobs. The president, army chief, and chief justice have shown a will to power that could lead them to obstruct a peaceful transfer of power. Bent or broken rules will threaten stability and weaken Pakistan's leaders. If the sitting government or president wins reelection through a rigged process, they would sacrifice the popular legitimacy conferred by a fair vote. That would diminish their ability to govern, deliver much-needed reforms, and expand cooperation with Washington. The United States should resist the temptation to interfere in support of friendly Pakistani faces even if they desperately seek U.S. help. Such interference could contribute to a breakdown in the political process. Pakistan's other leaders would also weaken their institutions by extending their terms in office. Unlike in 2010, when Washington tacitly endorsed army chief Ashfaq Parvez Kayani's extension for three years past the norm, U.S. officials should express a preference for the standard practice of appointing a successor. A new extension would be deeply unpopular in the army's ranks and risk a split among the officers of the nation's most powerful institution. Similarly, Washington should speak in favor of seeing Pakistan's Supreme Court chief justice retire on time. To see the nation's top judge flout the law would damage the judiciary's newfound legitimacy and independence. How to Support Pakistan's Process Because the United States has a history of interfering in Pakistani politics—including the Bush administration's attempt to broker a deal between President Pervez Musharraf and Pakistan People's Party (PPP) leader Benazir Bhutto in 2007—Pakistanis will be on the lookout for any evidence that the United States is trying to tip the political scales in favor of pro-American politicians or generals. For instance, many Pakistanis view U.S. aid programs that fund the ruling government's pet projects, like the Benazir Income Support Program, as politically biased. Even if these are worthy programs, the United States should avoid expanding its support for them in the period before elections. Nor will it be enough for U.S. officials to stand silently by as the political process plays out. U.S. silence or inaction in the face of Pakistani poll rigging or other political games would be perceived as meddling in favor of the rule breakers. To proceed in a situation in which even silence could count as interference, and standard talking points about America's democratic values sound more patronizing than credible, U.S. diplomats should meticulously frame policies in terms of support for Pakistan's constitution. They should pledge, in public and closed-door meetings with civilian and military leaders in power and in the opposition, to work with all who adhere to Pakistan's legal, constitutional order. That focus offers the only appropriate, politically correct device for encouraging everyone to follow the rules. To back up this rhetoric, Washington should extend diplomatic, financial, and technical support through existing State Department and U.S. Agency for International Development projects to groups working to preserve the constitutional process, such as Pakistan's nonpartisan election commission and various election-monitoring teams. U.S. diplomats should rebuff charges of favoritism by establishing close, if discreet, back-channel ties with emissaries from opposition parties—PTI, PML-N, and others—and the chief justice. The United States should coordinate with China (as it did during the tumultuous period at the end of Musharraf's regime) to deliver a unified message to Pakistani generals about the value of adhering to the constitutional order, if chiefly as a means of safeguarding army unity. China has a major stake in Pakistan's stability, uniquely strong military-military ties, and quiet influence in Pakistani political circles. In its efforts to buttress U.S. rhetoric and raise the costs to Pakistanis of breaking their own rules, the Obama administration should avoid loud threats of sanctions and complete aid cutoffs; they are not credible given other U.S. goals in Pakistan and would only contribute to instability. Over the past year, however, Washington has managed to calibrate the flow of hundreds of millions of dollars in military and civilian aid to Pakistan. This ability to quietly dial aid up and down, while always holding out the incentive of future assistance and partnership, offers Washington a more flexible tool that should be used as leverage with Pakistan's leaders if, for instance, the military considers delaying elections or the civilian government appears poised to rig the polls. Back the Whole Course, Not One Horse By supporting a rules-based process of transition in Pakistan rather than backing specific personalities, the United States would help to stabilize Pakistan. Washington cannot dictate Pakistan's political outcomes, but it can create clear external disincentives for Pakistani leaders to avoid rule breaking in ways that could lead to the breakdown of social and political order. By itself, outside U.S. pressure would not be sufficient. Combined with increasingly widespread domestic support for constitutional rule, however, it can tip the balance in favor of stability. Prioritizing processes over personalities would also strengthen the U.S.-Pakistan relationship by dampening common Pakistani charges of U.S. hypocrisy and political manipulation. If Washington should have learned anything from past experience in Pakistan, it is that to support specific Pakistani leaders is, by definition, to back the wrong horse. For if Washington's favorites win, they are tainted by the association; if they lose, the winners will hold a grudge. By not alienating Pakistan's legitimate contenders for power, Washington would improve its ability to work with whomever holds the reins in Islamabad once the transitional dust clears. Pakistan's new leaders might not be friendlier, but the bilateral relationship is likely to be more normal in ways that would enable businesslike dealings on the full range of U.S. security concerns, from counterterrorism and nonproliferation to regional stability.
  • Syria
    Syria’s Regime Change Challenge
    The Syrian opposition has realized that Assad likely cannot be toppled militarily, but must be pushed out through a negotiated solution, says CFR’s Ed Husain.
  • Politics and Government
    Weekend Reading: Looking Back on Egypt’s Uprising
    On the second anniversary of Egypt’s January 25 uprising, I decided to re-post some of my own work on Egypt.  I hope you continue to find these posts/articles useful.  Enjoy! Five Things You Need to Know About the Egyptian Armed Forces, January 31, 2011 on "From the Potomac to the Euphrates." The Frankenstein of Tahrir Square, December 19, 2011 on ForeignPolicy.com. January 25th and the Egypt the Revolution Has Made, January 25, 2012 for ForeignAffairs.com. I am happy to announce that the paperback edition of The Struggle for Egypt: From Nasser to Tahrir Square with a new epilogue will be available this spring.            
  • China
    Presidential Inbox: Top Priorities for U.S. Policy Toward China and Asia
    President Obama, You and your foreign policy team have steered the United States on a constructive course in Asia over the past few years. There is thus no need for a policy overhaul. However, the dynamics of the region—from exploding trade and investment to rapidly rising security tensions and emerging flashpoints—leave no room for complacency. With a new leadership in China and your new foreign policy team coming together in Washington, it is a good time to take a step back and assess what more you can do to advance U.S. interests in the bilateral U.S.-China relationship, as well as in the Asia-Pacific region more broadly. Here are three suggestions: 1)      Breathe life into the pivot (or rebalance) in Asia The pivot was a singularly deft move. It gave economic and strategic purpose to a previously aimless U.S. policy in Asia, while simultaneously addressing the very real concerns of many U.S. allies and partners over China’s aggressive rhetoric and actions in the Asia-Pacific region. The pivot also helps secure the U.S.-China relationship in a larger regional context, which is helpful given the wide range of shared trade and security interests. Now it is time to put our money and muscle where our mouth is. The economic opportunities, as well as the security risks in the region, are only growing. The United States needs to devote real energy to negotiating the high-end regional free trade agreement, the Trans-Pacific Partnership; and it needs to start restocking the region with our military personnel and hardware. Otherwise you run the real risk that the pivot will prove without real substance and the naysayers—those who keep questioning the long-term commitment of the United States to the Asia Pacific—will win the day. 2)      Welcome the Chinese proposal for a “new type of relations between major countries,” then ask what it means and what the Chinese are planning to do to realize it Chinese foreign policy scholars and officials have adopted a new mantra: it is time for a “new relationship” between the United States and China. Yet probe a little bit, and it is almost impossible to find someone who can define what this new relationship might entail. To the extent that there is some collective understanding within China of the broad contours of this new “major country” relationship, it seems to rely overwhelmingly on the United States changing the way it does business. According to Chinese foreign policy analyst Jia Xiudong, the ability to achieve this new relationship depends on how the United States views China’s strategic intention; how the United States moves forward on rebalancing; and how the two countries “develop their potential” for win-win cooperation. Senior foreign affairs official Wang Yusheng similarly says this about the “new type of relations”: “The ball is in the U.S. court. So long as the U.S. can make efforts in the same direction as China does, there is hope.” The Chinese have been relatively reluctant in the past to help construct bilateral or international agreements and architecture, so it is important to encourage such efforts. But before a new type of relations between the two countries can come to fruition, Chinese thinkers and officials will have to do more than say it is up to the United States. 3)     Get the U.S.-China economic relationship right The good news is that the U.S.-China economic relationship is one of the world’s most robust. We are each other’s second-largest trading partners, and China represents the fastest-growing market for U.S. exports. Chinese firms also invested more than $6.5 billion in the United States in 2012, over 10 percent more than the previous high in 2010. At the same time, challenges in the trade and investment relationship are proliferating, including intellectual property rights theft, fraudulent reporting of assets by Chinese companies, and concerns over burgeoning investment in the United States by Chinese state-owned enterprises with weak corporate governance. The United States would benefit from a trade and investment architecture that offered greater protection to U.S. economic interests. Both a bilateral investment treaty and, over the longer term, a free trade agreement fit the bill. President Obama, your team should make moving forward with these negotiations one of the top priorities of the Strategic and Economic Dialogue. Mr. President, the United States can continue to help drive an economically dynamic and strategically secure Asia by keeping the region front and center in U.S. policy priorities. Given all the other demands on your foreign policy team, this will not be easy. However, there is much to gain and more to lose if you don’t continue to assert U.S. leadership in the region.
  • Kenya
    Preventing Electoral Violence in Kenya
    Since 2007, after a widely contested presidential election precipitated a descent in violence that killed over one thousand people, Kenya has taken steps to rebuild its political system through a power-sharing agreement and a new constitution. However, as tensions among rival ethnic groups rise ahead of the next elections, to be held in March 2013, continued stability in Kenya—already threatened by sporadic outbreaks of violence—remains uncertain. In a new Contingency Planning Memorandum “Electoral Violence in Kenya,” Joel Barkan warns that the March elections (with a potential run-off in April) are “arguably the most important and complex since the country’s return to multiparty politics two decades ago.” Events on the ground are further complicated by ongoing proceedings of the International Criminal Court, which has indicted one of the leading presidential candidates, Uhuru Kenyatta, for his role in perpetuating ethnic conflict in the aftermath of the 2007 elections. Although Barkan concedes that the United States holds little leverage in Kenya, he recommends a number of proactive steps that the U.S. government, in concert with other international partners, could take to promote a stable electoral process. First, the United States could lead a multilateral effort to pressure the Kenyan government to undertake the necessary preparations to ensure a free and credible election. This could include providing assistance to the Independent Electoral and Boundaries Commission (IEBC) and/or the Kenyan police. Second, the United States could announce support for a diplomatic process led by Kofi Annan and the African Union Panel of Eminent African Personalities. Finally, the United States could enlist international partners to create a robust electoral observation mission. As the “anchor state” in East Africa, Kenya is a significant strategic partner to the United States. A prolonged political and economic crisis in Kenya would have profound domestic and transnational implications, and could threaten two major U.S. foreign policy initiatives in the region: preventing efforts by al-Shabaab to create a safe haven in Somalia and supporting the fragile peace agreement between Sudan and South Sudan. With elections quickly approaching, Barkan calls on the United States to “intensify its engagement or forsake its opportunity to make a difference.” Policymakers and pundits would do well to read "Electoral Violence in Kenya" before the elections.
  • Kenya
    Electoral Violence in Kenya
    Introduction Kenya is at risk of repeating the violence that marred its 2007 presidential election, during which 1,133 died and nearly 600,000 were displaced from their homes. Political order in Kenya nearly collapsed. Ending the crisis required two months of negotiations mediated by former UN secretary-general Kofi Annan and supported by the United States and its partners. The negotiations resulted in a power-sharing agreement between the two adversaries in the election, President Mwai Kibaki and Raila Odinga. Known as the National Accord, the deal elevated Odinga to the post of prime minister and provided for the writing of a new constitution to address the causes of the conflict. Kenya's next elections, to be held on March 4 and April 11, 2013, are arguably the most important and complex since the country's return to multiparty politics two decades ago. If the elections are largely peaceful and viewed as "free and fair," they will bring Kenya's new constitution, adopted in 2010, fully into force and advance the country's progress toward becoming a modern democratic state. Conversely, if the elections are marred by widespread violence and perceived as illegitimate by the Kenyan public, they are likely to plunge the country into a renewed period of political instability and set back Kenya's democratic advance. A breakdown in the electoral process will also do serious harm to Kenya's economy, which has been performing well in recent years. Since Kenya is the "anchor state" of East Africa, a prolonged political and economic crisis will also harm neighboring countries. In particular, two major U.S. foreign policy goals in the region—preventing Somalia from becoming a safe haven for terrorists and nurturing peace between Sudan and South Sudan—could be compromised. The United States, therefore, should work expeditiously with all parties concerned to ensure that the forthcoming elections are peaceful, free, and fair. The Contingencies Six factors make the prospects for electoral violence particularly high in the run-up to and in the immediate aftermath of the 2013 elections: As in prior elections, the leading presidential candidates are mobilizing voters along ethnic lines. This is resulting in a polarized electorate and outbreaks of violence between the members of rival ethnic groups. Kenyan politics have historically been contests in which the leaders of the country's largest ethnic groups form ethnic coalitions among themselves and with the leaders of smaller groups to dominate their rivals. Ethnic fault lines run deep because the country is divided into five large groups that constitute 68 percent of the population—the Kikuyu and related groups (21 percent), the Luhya (14 percent), the Kalenjin (13 percent), the Kamba (10 percent), and the Luo (10 percent). Interethnic violence between unemployed youth hired by rival politicians is already occurring in nearly a dozen areas. The race for the presidency is likely to be extremely close. Under its new constitution, Kenya has adopted a two-round runoff procedure to ensure that whoever is elected president will have received a majority of the vote. The current contest began with five major candidates campaigning for the post. Three have already dropped out after concluding that they would be eliminated in the first round scheduled for March 4. They have allied themselves with one of the present front-runners: Prime Minister Raila Odinga, a Luo and head of the Orange Democratic Movement (ODM), and Deputy Prime Minister Uhuru Kenyatta, a Kikuyu and the leader of the National Alliance party (TNA). Both seek victory in the first round, but the presence of a half-dozen minor candidates may force a runoff election. Kenya's forthcoming elections will be the most complex in its history, because of an expanded number of electoral positions. In addition to electing a president, Kenyans will directly elect 384 members of a new bicameral legislature, plus 47 governors and 47 county assemblies. The new county system of subnational government, which creates a quasi-federal governing process, could mitigate Kenya's long history of ethnic conflict by providing all groups, large and small, with a measure of power and resources. However, devolution also multiplies the arenas of electoral competition and the prospects for election-related violence in the near term, especially in counties with multiethnic populations. The Independent Electoral and Boundaries Commission (IEBC) will be unable to prepare for the elections so that Kenyans can go to the polls with confidence. Due to delays in the procurement of required equipment and technical issues, the commission completed voter registration two months behind schedule. Moreover, the commission registered only 14.4 million, or 69 percent, of the more than 21 million Kenyans eligible to vote. The IEBC also faces major challenges with respect to the recruitment and training of up to 120,000 temporary workers to staff 29,000 to 40,000 polling stations, and the procurement and distribution of essential supplies such as ballots and ballot boxes. The IEBC is also responsible for educating voters on what will be a complex ballot, since Kenyans will be voting for six offices for the first time. Most important, the commission must address the principal failure of the 2007 elections by carrying out an accurate transmission and tabulation of the votes from thousands of polling stations to its results reporting center in Nairobi and by making a timely announcement of the results. Any further delays or missteps in meeting these challenges could force a postponement and/or undermine the legitimacy of the elections. Unfortunately, personal disagreements between the chair and the chief operating officer of the IEBC have also compounded its problems. Ongoing proceedings of the International Criminal Court (ICC) could complicate the presidential election and its outcome. One of the two leading candidates for president, Uhuru Kenyatta, and his running mate, William Ruto, the most prominent Kalenjin leader, have been indicted by the ICC for perpetrating interethnic violence between Kikuyus and Kalenjins following the 2007 elections. Their trials are scheduled to begin on April 10 and April 11, 2013, respectively, but neither is likely to travel to The Hague if they emerge victorious in the first round or are finalists in the second. Indeed, one major purpose of their alliance is to avoid trial. Their alliance also, ironically, raises the prospects for peace during this election cycle between their respective ethnic groups, the Kalenjins and the Kikuyus, who viciously attacked each other in 2007. The election of Kenyatta and Ruto, however, would most likely result in the United States, European Union states, and others that support the ICC process shunning them diplomatically. This could invoke a potentially hostile response from Kenyatta and Ruto and ultimately lead to Kenya's increased international isolation. Kenya lacks an adequate number of trained police. Kenya has approximately 70,000 police, or roughly 160 per 100,000 residents, which is less than three-quarters of the 220 per 100,000 recommended by the United Nations. Kenya's police are also widely regarded as corrupt and prone to human rights abuses. They were unable to contain the violence following the 2007 elections, and may not be sufficiently improved to deal with the challenges this time. Because there will be between 29,000 and 40,000 polling stations to which at least one officer must be deployed, the police will be stretched to the limit. This reality, coupled with the likelihood of violence in more areas than in the past, could create a situation in which the Kenya Defence Force is required to augment the police to maintain order. Such involvement would be the military's first deployment to maintain domestic order since independence. Three broad scenarios, each with its own variations, are presently conceivable for the 2013 elections: The IEBC conducts credible elections on March 4, and one of the presidential candidates, most likely Raila Odinga or Uhuru Kenyatta, wins or prevails in the runoff round scheduled for April 11. Outbreaks of violence are limited to rural areas and associated mainly with elections at the county level. Though this scenario was plausible a year ago, it is much less likely today. Raila Odinga remains the leading candidate, but he has lost popularity among ethnic groups other than his own. At the same time, Uhuru Kenyatta has gained popularity and could beat Odinga in a runoff, according to some recent public opinion polls. If the past is any guide, a close election is likely to be accompanied by violence between Kikuyus, who will mostly vote for Kenyatta, and Luos, who will mostly vote for Odinga. Violence by Kikuyu and Kalenjins against Luo breaks out after the Kenyan government arrests Uhuru Kenyatta and William Ruto to send them to the ICC. Because President Mwai Kibaki, a Kikuyu, firmly controls Kenya's security forces, such arrests are unlikely. Indeed, the arrests are only plausible if Kibaki and other senior Kikuyu political and business leaders conclude that their interests are best served by backing Musalia Mudavadi, a Luyha, whom they view as a benign, non-Kikuyu vehicle to defeat Odinga. These leaders face a difficult choice between maintaining their loyalty to a fellow Kikuyu by shielding Kenyatta from the ICC or forsaking him to avoid the international sanctions that will be levied on Kenya or selected members of its political class if Kenyatta is elected president or if the government of Kenya fails to honor its obligations under the Rome Statute. Senior Kikuyu leaders—who arguably control Kenya's economy—rightly worry that business and Kenya's international stature will suffer if the country elects a president the world shuns. Some also realize that it is not in the interests of the broader Kikuyu community to push for the election of a Kikuyu successor to Kibaki, as Kenyatta would be Kenya's third Kikuyu president out of four since independence. The IEBC continues to stumble in its preparations for the 2013 elections and fails to facilitate a credible process. Since more than 30 percent of the eligible electorate was not registered, civil society organizations protest their disenfranchisement and bring cases before the courts to force the continuation of registration. The IEBC also fails to meet its remaining challenges required for credible elections and thus is confronted with a painful choice between two unappealing alternatives. First, in mid-to-late February 2013, the IEBC panics, realizing that it cannot conduct competent elections without further preparation. It announces a ten-day-to-one-month postponement of the elections. Though the decision is sound from an operational standpoint, the political blowback is instantaneous as rival candidates accuse the IEBC of "rigging" the elections in favor of the other. The General Services Unit, Kenya's paramilitary police, puts down protests on Nairobi's streets, but not until after several protesters are killed. Second, due to fears of retribution if it postpones the elections, the IEBC decides to muddle through by proceeding with the elections on March 4 even though it knows it is not adequately prepared to conduct the process. Sporadic violence occurs in various areas as a result, and several returning officers are killed. The police are sent in to restore order but are unable to do so in many areas because of insufficient personnel. Order is restored after President Kibaki and the Kenya Defence Force's chief of staff reluctantly conclude that the army must be sent in to reinforce the police. Warning Indicators Indicators that the forthcoming elections will be marred by violence and regarded as illegitimate by most Kenyans are: Continued failure by the IEBC to meet critical deadlines to administer the elections. In addition to registering no more than 60 to 70 percent of the eligible electorate, the commission fails to complete one or more of the remaining critical tasks required for credible elections. Outbreaks of sporadic violence as election campaigns ramp up. Most election-related violence to date has been associated with county-level races (e.g., for governor and senator) rather than with presidential contests, as occurred in 1992, 1997, and 2007. Violence at these localized levels, though troubling, is more containable than violence arising from the presidential race. The likelihood that both types of violence will occur is difficult to estimate, but is arguably as high as 50 percent depending on which contingency scenario evolves between now and the elections. Formation of local militias supported by local political leaders. Armed militias are reportedly forming across Kenya, though the exact number and their political affiliations are unclear. Their formation is fueled by the influx of arms, including automatic assault rifles from Somalia and to a lesser extent Ethiopia. Renewal of hate speech, especially by politicians. Hate speech was a significant driver of the 2007 postelection violence. The caustic rhetoric was disseminated by mobile phones, especially via text messages, and encouraged by talk show hosts on ethnic-language radio stations—two dominant modes of communication for Kenyans. The new constitution and communications legislation now largely ban hate speech, and broadcasters are responsible for its propagation. All radio stations also have delayed broadcast devices so that hate speech can be blocked. Hate speech via text messages, however, is far more difficult to control, because it cannot be filtered out by network operators. Two political leaders have been indicted for hate speech, but neither has been convicted, with the result that the likelihood of hate speech continues to be a concern. Attempted acts of terrorism to disrupt the election. Kenya has had numerous, though isolated, terrorist attacks over the years, including the 1980 bombing of the famed Norfolk Hotel in Nairobi, the 1998 bombing of the U.S. embassy, and the 2002 bombing of an Israeli-owned hotel in Mombasa. The arrest of Somali terrorists in the Eastleigh area of Nairobi on September 17, 2012, which thwarted their alleged attempt to blow up the National Assembly, confirms the continuing threat of al-Shabab, the Somali affiliate of al-Qaeda, beyond the Indian Ocean coast. None of these attacks to date have threatened Kenya's stability, nor have they been explicitly directed at the elections, but this situation could change as the 2013 elections draw near. Heightened tensions between the Kenyan government and the Mombasa Republican Council (MRC). The MRC is a secessionist movement that argues that successive Kenyan governments have marginalized the peoples on the Indian Ocean coast. The MRC urges a boycott of the elections, and some of its members have attacked local offices of the IEBC. The government reimposed a ban on the MRC in October 2012 on the grounds that it was a threat to peace and security. However, the unbanning of the organization coupled with its participation in the forthcoming elections at the county level could diffuse the situation, because the elections hold out the possibility for more autonomy and resources from the center. Implications for U.S. Interests Although Kenya is not a major U.S. ally or trading partner, the United States nevertheless has significant strategic and foreign policy interests to protect. Because of Kenya's importance as a regional anchor state, the United States has long invested in its economic and political development. Washington has provided military assistance to Kenya for more than thirty years, while U.S. military aircraft and ships enjoy access to Kenya's international airports and seaport at Mombasa. The U.S. Mission in Nairobi is the largest in Africa, and it mounts a wide range of programs, including several that are regional in scope. These include diplomatic engagement with Somalia, the Regional Security Office, the U.S. Agency for International Development (USAID), the Departments of Agriculture and Commerce, the Center for Disease Control, and the Library of Congress. Private U.S. investment is also growing in Kenya; several U.S. companies, including General Electric, IBM, and Google, have established or are in the process of establishing their African headquarters in Nairobi. Oil has recently been discovered near Lake Turkana in northern Kenya, and explorations are proceeding to determine the extent of offshore natural gas. These developments, coupled with the rapid expansion of Kenya's financial services industry and information technology sectors, provide a platform for further U.S. investment and other foreign direct investment if Kenya's stability is maintained. Any breakdown of the electoral process and political order in Kenya would also have major economic consequences in the region and jeopardize other U.S. objectives. Uganda, Rwanda, eastern Congo, and South Sudan are all landlocked areas that depend on Kenya for their external trade, especially for importing refined petroleum products and exporting goods through the Kenyan port of Mombasa. A stable Kenya is also essential for maintaining U.S. efforts to sustain the new but fragile governments in Somalia and South Sudan and continuing U.S. counterterrorism efforts against al-Shabaab along the Indian Ocean coast. Efforts by the African Union (AU) and other states to reestablish effective governance in Somalia seem to have finally gained traction and would be set back by Kenyan instability. Preventive Options The United States and other interested states have far less leverage over Kenyan domestic politics than they did two decades ago, when Western pressure forced Kenya's return to multiparty politics. The Kenyan government no longer depends as much on external aid to operate. Notwithstanding the flaws in the 2007 elections that brought it to power, the current coalition government is also democratically elected. Consequently, concerned states now need to rely more on their ability to persuade Kenya's political leaders that it is in their interests to ensure free, fair, and peaceful elections. In the lead-up to the election, six efforts appear most promising: The United States could lead a coalition of like-minded states to impress upon the Kenyan government that time is running out to make adequate preparations for a credible election, including enhancing the police's preparedness to prevent and contain violence. The ability of the United States and others to persuade Kenya's political leaders to take necessary actions has always been greatest when done multilaterally. Such multilateral messaging, however, has historically depended on the United States playing a leadership role. An informal contact group of donors, now known as the Democracy and Governance Donors Group, has existed since 1992, but its recent activities have been limited largely to discussions among technical experts on elections management, democracy assistance, and conflict prevention. These discussions need to be raised immediately to the chiefs of mission level to finalize and implement a coordinated action plan to develop a common strategy that aims to raise the prospects of a credible election. Kenya's international partners wield their greatest influence when they articulate concerns on a multilateral basis. The leading partners for coordinated action are the United Kingdom, Germany, Canada, Denmark, the Netherlands, Sweden, and especially the European Union. Strong messaging by other states in Nairobi should be buttressed by strong messaging from home. A joint or complementary statement or statements by U.S. president Barack Obama, UN secretary-general Ban Ki-moon, and other influential leaders would be particularly useful. Together with its partners, the United States could publicly announce its support for the continued diplomatic engagement in Kenya by Kofi Annan and the African Union Panel of Eminent African Personalities, which he chairs. Although Annan brokered the National Accord between President Mwai Kibaki and Prime Minister Raila Odinga that ended the 2007 postelection violence, his presence in Kenya has never been fully embraced by Kibaki's side of the coalition government, including presidential candidate and ICC indictee Uhuru Kenyatta. Annan's mandate and that of the panel could nevertheless be extended until after the elections. He and his colleagues constitute an African solution to a major African problem and provide a respected platform on which the United States and its partners can mount their own efforts. The United States can also work with its partners to provide whatever assistance the IEBC may still require for the elections, including the provision of outstanding equipment and supplies, and/or additional technical expertise to enable the commission to complete its outstanding tasks. The United States could continue funding programs via USAID's Office of Transition Initiatives (OTI) to strengthen civil society organizations that focus on countering youth mobilization. Youth in conflict-prone areas—including Nairobi's slums, Eastleigh, the northwestern Rift Valley, Kericho, and the coast—are particularly vulnerable to being recruited by elites for the purpose of fomenting electoral violence. Strengthening civil society networks in these areas is arguably the most effective method to counter their mobilization. USAID should also continue its support of the Elections Observation Group (ELOG), a network of civil society organizations intending to provide domestic electoral observers. The United States could provide international assistance to strengthen Kenya's police to be better prepared for dealing with election-related violence as it unfolds. Put simply, Kenya needs to recruit, train, and deploy more cops. However, any assistance to build greater police capacity must be provided in a manner that does not perpetuate the poor record of the police with respect to human rights. The United States could encourage the United Kingdom to assist in this vital area since the UK has greater experience in providing this form of aid. Finally, the United States, along with like-minded partners, could mount an aggressive multilateral electoral observation mission consisting of two parts: long-term observation starting no later than January 15, 2013, to monitor preparations for the elections at all levels across Kenya and continuing through the end of the elections; and an exercise that would track outbreaks of violence before and after the elections. The Carter Center and/or the National Democratic Institute have the capacity to mount such observer missions, and the UN Electoral Assistance Division could be engaged to maximize coordination. Mitigating Options Given Kenya's electoral history, there will almost certainly be further incidents of violence in the run-up to the 2013 elections. Such violence will consist mainly of small-to-moderate outbreaks scattered across the country, which the Kenyan police—supplemented in extreme cases by the Kenya Defence Force—may still have the capacity to put down. Violence between the first and second rounds of the presidential election, or after the second round if the outcome is in doubt, is likely to erupt rapidly as it did in 2007. In such circumstances, the United States and others have few good options beyond applying diplomatic pressure and offering mediation assistance. Timely military intervention to prevent a major escalation of violence is not feasible. In contrast to West Africa, where the Economic Community of West African States (ECOWAS) has intervened in its region, there is no comparable organization in East Africa. The East African Community remains fragile and is unlikely to risk its future by moving into the military sphere. Authorizing and organizing an international coalition of the willing will be difficult and is unlikely to be consummated in time. To improve the ability of concerned states to respond promptly to a potentially rapidly deteriorating situation, one option would be to "pre-position" a multinational diplomatic mission in Nairobi on the eve of the presidential election. This could be headed by a special envoy of the UN secretary-general and contain representatives of the other leading external actors. It would be prepared and empowered to act quickly to bring a negotiated end to an emerging crisis and avoid the kind of drawn-out negotiations that occurred in 2007. Any pre-positioning of an international delegation from outside Africa should be preceded by the AU's reauthorization and perhaps enlargement of the Panel of Eminent African Personalities. The United States and its partners have few "sticks" to apply to encourage recalcitrant players to agree to a negotiated settlement. Two options, however, could be useful. The first is targeted sanctions against individual Kenyans, particularly members of the political class who incite violence, including visa bans and the freezing of their personal assets. To be effective, such measures would have to be extended to family members, especially children attending American and British universities. Visa bans might also be extended to prominent members of the business community known to support politicians involved in violence. Second, the United States could provide a clear warning that it will continue to support any investigations and ICC prosecutions if atrocities are committed again. Given other U.S. domestic and foreign challenges, there is likely to be little appetite in the Obama administration to take more extensive action. Recommendations The United States should impress upon Nairobi the importance of taking steps to prevent significant and widespread election violence. Secretary of State Hillary Clinton's visit to Nairobi in August 2012 was a positive first step. It should now be complemented by the following initiatives: Bring together like-minded states to push the Kenyan government to make adequate preparations for credible elections. The message from Washington and its partners should be that further delays sow doubts about the grand coalition government's commitment to full implementation of the National Accord and 2010 constitution. These communications should include a joint or complementary message or messages from President Obama, Secretary-General Ban, and other influential world leaders who recognize the centrality of successful elections for Kenya's transition to democracy. Provide unequivocal support for the continued diplomatic efforts of the African Union's Panel of Eminent Personalities in Kenya by encouraging the AU to expand and reauthorize the panel through May 2013. Urge the panel to increase the frequency of its visits to Kenya in the run-up to the elections and pre-position the panel in Kenya on the eve of the first vote and through the runoff to more quickly address any breakdown in the process. Rapidly provide any assistance that the IEBC may require to administer credible elections. The assistance could include helping the IEBC with voter education initiatives and with recruiting and training the 120,000 temporary poll workers potentially needed. It could also come in the form of providing technical expertise or funding and logistical support for the commission's procurement and deployment of needed supplies, such as ballots and ballot boxes. The need and likely impact of such aid should be reviewed case by case. Extend the current program by USAID OTI to strengthen civil society efforts to prevent election-related violence in conflict-prone areas, and integrate the new programs by the Department of State's Bureau of Conflict Stabilization Operations with those of OTI so that the two agencies do not work at cross-purposes. Encourage the United Kingdom and other countries with greater police-training expertise and experience than the United States to assist the Kenya police to strengthen and perhaps expand its numbers so it is not overwhelmed by the forthcoming elections as it was in 2007. Authorize, fund, and initiate a robust and coordinated international electoral observation mission to monitor preparations for the elections, the conduct of the elections, and the reporting of the results. The mission, in coordination with efforts by domestic observers, should include parallel vote tabulation, or PVT, to increase the likelihood of an honest and timely reporting of results. It could also monitor those outbreaks of violence that occur before and after the elections. Join with like-minded governments, particularly the United Kingdom, to impose visa bans and asset freezes on members of Kenya's political class who incite violence and engage in demagogic behavior. The United States and others may have limited leverage over Kenya's domestic politics, but they are not without options that would significantly improve the prospects for acceptable elections and help avert a major crisis. However, with little more than two months before the elections, Washington must intensify its engagement or forsake its opportunity to make a difference.
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  • Venezuela
    Preventing Political Unrest in Venezuela
    Andrew C. Miller is a research associate in the Center for Preventive Action at the Council on Foreign Relations. American policy toward Venezuela and its tendentious president, Hugo Chavez, rarely captures headlines. But when it does, the results aren’t pretty. In a campaign spat this July, Mitt Romney called President Obama’s Venezuela policy “alarmingly naïve.” An Obama spokesman, in turn, labeled Romney’s remarks “disturbing." Obama administration officials would happily ignore Chavez if they could. They see him as relishing attention from “the Yankee empire.” With Venezuela’s presidential elections approaching, however, the administration might have to give Chavez the attention he craves. The election, set for October 7, is perhaps the most competitive since Chavez took the presidency more than a decade ago. Chavez’s ill health has limited his campaigning, while his forty-year-old opponent Henrique Capriles Radonski has gained traction by running around the country (literally, in some cases) to show off his youthful vigor. Most polls give Chavez the edge, but surprisingly, Capriles has caught up to—and even overtaken—the president, according to some pollsters. Will Chavez concede if Capriles wins? What happens if the results are too close to call? What if Chavez wins but dies shortly thereafter? Patrick Duddy, a former U.S. ambassador to Venezuela, looks at these scenarios in a recently released Center for Preventive Action memo, “Political Unrest in Venezuela.” Venezuela has a highly polarized political climate, which could boil over into unrest—and possibly violence—if the upcoming elections are somehow scuttled. Venezuelans have largely avoided political violence to date, but the threat exists nonetheless. Chavez recently warned of “civil war” unless wealthy voters backed him, and Capriles had to cancel a rally due to reports of armed chavistas threatening his supporters. The United States would have trouble ignoring unrest in its southern neighbor. The instability would create new opportunities for narcotraffickers, hinder democracy promotion efforts, and put U.S. commercial interests at risk. Duddy encourages the Obama administration to not sit on the sidelines as the election draws closer. It could, for example, identify actors (including opposition figures) that would face financial and diplomatic penalties for trying to scuttle democratic processes or inciting violence. The Defense Department could also leverage its Latin American and Spanish contacts to stress to “the Venezuelan military leadership that they is obliged to uphold their constitution, respect human rights, and protect their country’s democratic tradition.” The outcome of October’s polls is uncertain, but the Obama administration should be working now to support a democratic and stable electoral process. If not, President Obama risks appearing, as Romney has said, “out of touch” when it comes to Venezuela.