SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2010, Issue No. 93
November 22, 2010

Secrecy News Blog: http://www.fas.org/blog/secrecy/

SEEKING THE RULE OF LAW IN AFGHANISTAN

U.S. efforts to promote the rule of law in Afghanistan are expanding and accelerating. Nearly a billion dollars has been spent in the past decade to strengthen Afghanistan's legal infrastructure, rising from $7 million in FY2002 to an estimated $411 million in FY2010. In July 2010, a new Ambassador-rank position was created to focus on justice-related issues in the country. Yet the effectiveness and even the feasibility of these efforts to establish the rule of law are in doubt.

A new report from the Congressional Research Service provides a detailed overview of the U.S. approach to rule of law (ROL) issues in Afghanistan. It describes the numerous and diverse initiatives that have been undertaken, the political, cultural and institutional obstacles that confront them, and their uncertain results.

The rule of law in this context simply means the stable, predictable, and fair application of public legal standards. It is considered essential to the establishment of a legitimate and effective government. "Without ROL the country cannot progress no matter what contributions are made by outsiders," according to a 2008 State Department Inspector General report.

But progress towards a state of rule of law in Afghanistan is stymied both by the general instability in the country and by the pervasive corruption that prevails. "As many as one out of every two Afghans experienced bribery in the past year," the CRS noted, based on UN data, "resulting in an estimated $2.5 billion in bribe payments in 2009 alone." The average bribe was said to be around $160, and those who paid bribes did so three to five times per year.

The U.S. has a "Strategy for Rule of Law in Afghanistan" but it is "not available publicly," the CRS said. A summary of its contents was provided in the CRS report, based on State Department information. For the first time this year, rule of law issues in Afghanistan constitute a separate portfolio under the new position of the Coordinating Director of ROL and Law Enforcement, held by Ambassador Hans Klemm.

"Although significant progress in establishing ROL in Afghanistan has been achieved, there appear to be several fundamental limitations on the ability of the U.S. government and other donors to strengthen the Afghan justice sector in the short term," the CRS report concluded. Besides the instability of war and widespread corruption, other obstacles include illiteracy and the lack of qualified personnel to serve in law enforcement and the judiciary; local reliance on traditional councils that do not always practice a consistent or egalitarian form of law; and "existing perceptions among many Afghans that high-level corrupt officials are exempt from the full force of Afghan law."

Afghan officials themselves have observed that "despite increasing resources devoted to justice sector support, efforts have not yet translated into a functional formal justice system in Afghanistan."

"The 112th Congress may choose to address these long term issues in the context of the Obama Administration's review of U.S. strategy in Afghanistan," the CRS suggested.

A copy of the new CRS report was obtained by Secrecy News. See "Afghanistan: U.S. Rule of Law and Justice Sector Assistance," November 9, 2010:

US-SAUDI ARMS DEAL DEFENDED BY GATES, CLINTON

A $60 billion arms sale to Saudi Arabia — the largest in U.S. history — is poised to proceed despite questions raised by some members of Congress. In a November 16 letter to Congress, Secretary of Defense Robert Gates and Secretary of State Hillary Clinton defended the deal:

"This proposed sale will directly support U.S. interests by reinforcing our longstanding defense and security partnership with Saudi Arabia, enhancing Saudi Arabia’s ability to deter and defend itself against terrorist groups and other regional threats, improving interoperability with the U.S. military, and sending a strong message to all countries that the United States is committed to supporting the security of its key partners and allies in the Gulf and broader Middle East," they wrote.

Members of Congress had written to the Administration on November 12 "to raise concerns and pose a number of strategic questions about the impact such sales would have on the national security interests of the United States and our allies." The Gates-Clinton letter was written in response.

TERRORISM IN EAST AFRICA, AND MORE FROM CRS

Noteworthy new reports from the Congressional Research Service include the following.

"Countering Terrorism in East Africa: The U.S. Response," November 3, 2010:

"Latin America: Terrorism Issues," October 26, 2010:

"U.S.-South Korea Relations," November 3, 2010:

THE EVOLUTION OF AMERICAN MILITARY INTELLIGENCE (1973)

An unclassified U.S. Army history of military intelligence that was formerly used as a textbook in officer training at the Army Intelligence Center at Fort Huachuca is now publicly available online.

The 1973 volume has been superseded in many or even most respects by subsequent research and publication. But it retains some interest as a snapshot of the contemporary self-understanding and presentation of military intelligence. "It remains one of the best overviews of the history of Army Intelligence, although it is dated," one admirer of the document told Secrecy News.

According to the Preface, "This history concentrates on intelligence support to tactical forces since, in truth, this is where military intelligence, per se, receives its greatest visibility and its greatest importance."

See "The Evolution of American Military Intelligence" by Marc B. Powe and Edward Wilson, U.S. Army Intelligence Center and School, Fort Huachuca, AZ, May 1973 (large pdf):

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Secrecy News is written by Steven Aftergood and published by the Federation of American Scientists.

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