Enhanced Partnership with Pakistan Act of 2009
Encyclopedia
The Enhanced Partnership with Pakistan Act of 2009 s.1707(also known as the Kerry-Lugar-Bergman Act) was an Act of Congress passed into law on October 15, 2010. It authorizes the release of 1.5 billion USD per year to the Government of Pakistan
as non-military aid from the period of 2010 to 2014. It was proposed by Senators John Kerry
(D-Massachusetts) and Richard Lugar (R-Indiana). It is considered a major shift in foreign aid to Pakistan
, as it significantly increases the civil aid given to the country as compared to previous aid given.
passed the bill on September 30. No voting records were kept, as it was a voice vote. U.S. President Barack Obama
signed the bill into law on October 15 as Public Law No. 111-73.
Subsection 2(a) aims to fund programs that increase government transparency and accountability. Paragraph B allocates funding to "professionalize the police". Paragraphs C and D support programs that increase the impartiality and independence of the judicial system and to "enhance the rule of law to all areas of Pakistan", including reforms to the legal system of FATA. Paragraphs E,F and G address funding to counter-narcotics operations, NGOs supporting human rights
in Pakistan
, and an "responsible ,capable and independent media" respectively.
Subsection 3 addresses economic reforms. Funding for resource management and local infrastructure are presented in Paragraphs A and B. Paragraphs C and D allocates funds for energy development projects, including those between Afghanistan
and Pakistan
and workforce generation. Paragraph D also supports national industries. Labor rights and micro-financing projects are outlined in Paragraphs E and F, and Paragraph G funds "countering radicalization by providing economic, social, educational, and vocational opportunities and life-skills training to at-risk youth."
Subsection 4(A and B) supports education reform, development and oversight at all levels of education. Healthcare reform and Non-governmental organization
assistance is subject in Paragraphs C and D. Supporting refugees and displaced persons is subject in Paragraph E.
Paragraph 5 increases funding to civil society programs, the Fullbright Program, and other cultural exchange programs.
and Pakistan
authorizes the release of the rest of the funds as a result of positive certification that Pakistan
continues to act in accordance with the U.S. interests. A waiver for national security interests may be applied.
and in Pakistan
.
Section 203 limits funds given under Title II as per the Arms Export Control Act
. Under Subsection c paragraph 2, a certification process is authorized where the Secretary of State must certify that Pakistan
continues to make progress in the following areas:
The military must further not be undermining the civilian institutions of Pakistan
, per Paragraph 3. An exception may be made when national security interests are concerned.
Section 204 outlines further the Counterinsurgency Capability Fund, established in the Supplemental Appropriations act, including the transfer and use of funding.
Section 205(a) states that all payments will be made to the civilian authorities of Pakistan
. Section 205(b), however, allows for waivers due to national security interests.
and Pakistan
must take to gauge the effectiveness of actions and programs established under the Act. Several mechanisms for accountability are established under the Title.
Section 301 outlines Reports to be made regarding assistance and progress made in Pakistan. Subsection a establishes the Pakistan Strategy Assistance Report, which addresses the following areas:
Section 301(b) establishes the Comprehensive Regional Strategy Report, which observes developments made between Pakistan and other relevant countries in counterinsurgency and counter-terrorism operations.
Section 302 requires a Semi Annual Report, similar to the Pakistan Strategy Assistance Report, but also outlines shortcomings in carrying out the activities as per Title I. It further requires the government Pakistan to submit an evaluation that covers the following under Paragraph 11:
has been particularly vocal about his support for the bill, including postings on his website and an article written with the Council on Foreign Relations
defending the Act. Pakistani President Asif Zardari and The Pakistani People's Party endorsed the legislation, as the Pakistani government seriously needed aid.
Another supporter of the Act was the Institute for Social Policy and Understanding
. Citing that because a lot of the aid bypasses dysfunctional government institutions in favor of grassroots programs, NGOs, and local institutions, the effectiveness of bringing tangible benefits for the people would increase.
Academic Ishtiaq Ahmad also noted that the Act was meant as a gesture of support to the people of Pakistan
, as well as combat terrorism
. He stated there was a "trust deficit" between the United States
and Pakistan, which the Act demonstrates solidarity with the Pakistani people by improving institutions they interact with everyday. Furthermore, by improving the social and economic security of Pakistan
, less people would be inclined to militarism
has bowed too easily to foreign demands."
Zadari's support for the bill has left him isolated in Pakistani politics, including from some fellow cabinet members. While opposition to the Taliban has grown, so has opposition to U.S. intervention on Pakistani soil, which was reflected in a poll claiming as many as 80% of Pakistanis disapproved of the Government's relationship with the U.S.
Opposition from the Pakistani military has been staunch. Claude Rakisits of the World Politics Review wrote "The Pakistani top brass has seen this all before, and has not forgotten America's many broken promises over the past 50 years. Accordingly, they will keep their options -- including backchannels with the Taliban and other fellow travellers -- open, knowing that at the end of the day, the Americans have few alternatives available to them." Academic C. Christine Fair argued that the U.S. position under President George W. Bush
where the U.S. insisted on effort to combat al Qaeda but "not insist that Pakistan shut down its support for all militant groups including the Taliban and those groups operating in India
and Kashmir
,"(Fair, C. p. 153) further entrenched the Pakistani military's interests in maintaining links with such groups. She further argued that given the amount and ineffectiveness of aid donated between 2002 and 2008 (11.2 billion USD, of which 8.1 billion USD was militarily related (Fair, C. p. 152)), more money will not solve the issue. (Fair, C. p. 154)
Recently, the U.S. House of Representatives' Foreign Relations Committee proposed defunding the new Act on the grounds of Pakistan's reluctance on combating militant groups such as the Taliban. It was proposed by Representative Dana Rohrabacher
(R - California). The committee, however, vetoed a further amendment which would cut all aid to Pakistan
.
Government of Pakistan
The Government of Pakistan is a federal parliamentary system, with an indirectly-elected President as the Head of State and Commander in Chief of the Pakistani Armed Forces, and an indirectly-elected Prime Minister as the Head of Government. The President’s appointment and term are...
as non-military aid from the period of 2010 to 2014. It was proposed by Senators John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
(D-Massachusetts) and Richard Lugar (R-Indiana). It is considered a major shift in foreign aid to Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, as it significantly increases the civil aid given to the country as compared to previous aid given.
History
The bill was introduced to Congress on September 24, 2009, after being voted for submission to Congress by the Senate Foreign Relations Committee. The Senate unanimously passed the bill the same day. The House of RepresentativesHouse of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national states. In some countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often called a "senate". In other countries, the House of...
passed the bill on September 30. No voting records were kept, as it was a voice vote. U.S. President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
signed the bill into law on October 15 as Public Law No. 111-73.
Contents of Legislation
The Act has three major Titles. Sections 1,2,3 and 4 (previous to Title I) are the short title for the Act and Table of Contents, the Definitions, the Findings, and the Statement of Principles respectively.Section 101
Subsection 1 stipulates the use of funds for the National Congress of Pakistan to be able to carry out various functions of government, including oversight, committee building and governance assistance at all levels of government. Paragraph B also allocates funds for voter education and civil political party development.Subsection 2(a) aims to fund programs that increase government transparency and accountability. Paragraph B allocates funding to "professionalize the police". Paragraphs C and D support programs that increase the impartiality and independence of the judicial system and to "enhance the rule of law to all areas of Pakistan", including reforms to the legal system of FATA. Paragraphs E,F and G address funding to counter-narcotics operations, NGOs supporting human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, and an "responsible ,capable and independent media" respectively.
Subsection 3 addresses economic reforms. Funding for resource management and local infrastructure are presented in Paragraphs A and B. Paragraphs C and D allocates funds for energy development projects, including those between Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
and workforce generation. Paragraph D also supports national industries. Labor rights and micro-financing projects are outlined in Paragraphs E and F, and Paragraph G funds "countering radicalization by providing economic, social, educational, and vocational opportunities and life-skills training to at-risk youth."
Subsection 4(A and B) supports education reform, development and oversight at all levels of education. Healthcare reform and Non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
assistance is subject in Paragraphs C and D. Supporting refugees and displaced persons is subject in Paragraph E.
Paragraph 5 increases funding to civil society programs, the Fullbright Program, and other cultural exchange programs.
Section 102
Section 102 authorizes the release of funds, no greater than $1.5 billion per year from 2010 to 2014. Section 102(b)(B) only releases $750 million unless the President's special envoy to AfghanistanAfghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
authorizes the release of the rest of the funds as a result of positive certification that Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
continues to act in accordance with the U.S. interests. A waiver for national security interests may be applied.
Section 103
Section 103 authorizes the Inspector General of the Department of State to oversee and audit funds allocated, both in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and in Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
.
Title 2: Security Assistance for Pakistan
Sections 202(a) and (b) authorize the release of funds for use to help train and equip foreign military personnel. It further authorizes military personnel exchange programs where Pakistani military and civilian personnel may be educated and trained in other countries. Such host countries must either be a part of the North Atlantic Treaty Organization, or must "be in the process of consolidating and strengthening a democratic form of government."Section 203 limits funds given under Title II as per the Arms Export Control Act
Arms Export Control Act
The Arms Export Control Act of 1976 gives the President of the United States the authority to control the import and export of defense articles and defense services. It requires governments that receive weapons from the United States to use them for legitimate self-defense...
. Under Subsection c paragraph 2, a certification process is authorized where the Secretary of State must certify that Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
continues to make progress in the following areas:
- "(A) ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neighboring countries;
- (B) preventing al Qaeda, the Taliban and associated terrorist groups, such as Lashkar-e-TaibaLashkar-e-TaibaLashkar-e-Taiba – also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, Lashkar Taiba or LeT – is one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan.It was founded by Hafiz Muhammad...
and Jaish-e-MohammedJaish-e-MohammedJaish-e-Mohammed is a Pakistani-based, militant Islamic group established by Maulana Masood Azhar in March 2000...
, from operating in the territory of PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, including carrying out cross-border attacks into neighboring countries, closing terrorist camps in the FATAFataThe FATA or FC-ATA is a type of computer hard disk drive. FATA is simply the low cost ATA or SATA disk drive equipped with a small external converter, that changes the interface to Fibre Channel...
, dismantling terrorist bases of operations in other parts of the country, including QuettaQuettais the largest city and the provincial capital of the Balochistan Province of Pakistan. Known as the "Fruit Garden of Pakistan" due to the diversity of its plant and animal wildlife, Quetta is home to the Hazarganji Chiltan National Park, which contains some of the rarest species of wildlife in the...
and Muridke, and taking action when provided with intelligence about high-level terrorist targets; and - (C) strengthening counterterrorism and anti-money laundering laws."
The military must further not be undermining the civilian institutions of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, per Paragraph 3. An exception may be made when national security interests are concerned.
Section 204 outlines further the Counterinsurgency Capability Fund, established in the Supplemental Appropriations act, including the transfer and use of funding.
Section 205(a) states that all payments will be made to the civilian authorities of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
. Section 205(b), however, allows for waivers due to national security interests.
Title III: Strategy, Accountability, Monitoring, and other Provisions
Title III outlines actions the governments of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
must take to gauge the effectiveness of actions and programs established under the Act. Several mechanisms for accountability are established under the Title.
Section 301 outlines Reports to be made regarding assistance and progress made in Pakistan. Subsection a establishes the Pakistan Strategy Assistance Report, which addresses the following areas:
- goals of the U.S.
- programs, projects, activities and funding as established under Title I
- accountability of funds and responsibilities
- Projection of assistance in areas as per Section 301 (a) Paragraph 6
Section 301(b) establishes the Comprehensive Regional Strategy Report, which observes developments made between Pakistan and other relevant countries in counterinsurgency and counter-terrorism operations.
Section 302 requires a Semi Annual Report, similar to the Pakistan Strategy Assistance Report, but also outlines shortcomings in carrying out the activities as per Title I. It further requires the government Pakistan to submit an evaluation that covers the following under Paragraph 11:
- "(A)disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas;
- (B) eliminate the safe havens of such forces in Pakistan;
- (C) close terrorist camps, including those of Lashkar-e-TaibaLashkar-e-TaibaLashkar-e-Taiba – also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, Lashkar Taiba or LeT – is one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan.It was founded by Hafiz Muhammad...
and Jaish-e-MohammedJaish-e-MohammedJaish-e-Mohammed is a Pakistani-based, militant Islamic group established by Maulana Masood Azhar in March 2000...
; - (D) cease all support for extremist and terrorist groups;
- (E) 'revent attacks into neighboring countries;
- (F) increase oversight over curriculum in both secular and religious schools, including closing madrassas with direct links to the Taliban or other extremist and terrorist groups; and
- (G) improve counterterrorism financing and anti-money laundering laws, apply for observer status for the Financial Action Task Force, and take steps to adhere to the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
International Convention for the Suppression of Financing of Terrorism."
Support for the Act
There was general government support for the Act, as it passed through Congress with relative ease and was signed into law. John KerryJohn Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
has been particularly vocal about his support for the bill, including postings on his website and an article written with the Council on Foreign Relations
Council on Foreign Relations
The Council on Foreign Relations is an American nonprofit nonpartisan membership organization, publisher, and think tank specializing in U.S. foreign policy and international affairs...
defending the Act. Pakistani President Asif Zardari and The Pakistani People's Party endorsed the legislation, as the Pakistani government seriously needed aid.
Another supporter of the Act was the Institute for Social Policy and Understanding
Institute for Social Policy and Understanding
The Institute for Social Policy and Understanding is an independent, nonpartisan think tank and research organization committed to conducting objective, empirical research and offering expert policy analysis on some of the most pressing issues facing the United States. These issues include U.S....
. Citing that because a lot of the aid bypasses dysfunctional government institutions in favor of grassroots programs, NGOs, and local institutions, the effectiveness of bringing tangible benefits for the people would increase.
Academic Ishtiaq Ahmad also noted that the Act was meant as a gesture of support to the people of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, as well as combat terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. He stated there was a "trust deficit" between the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Pakistan, which the Act demonstrates solidarity with the Pakistani people by improving institutions they interact with everyday. Furthermore, by improving the social and economic security of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, less people would be inclined to militarism
Critics and Skeptics
Many Pakistanis were agitated by the terms of the Act. Foremost was the Pakistani Army, which was quoted saying there were "serious concerns" with the language and terms of the Act. The Times of India alsoquoted a Foreign Office spokesperson saying "The Kerry-Lugar bill is not a negotiated document." An article written by Time states that "The backlash to Kerry-Lugar is fueled by a widely held perception that President ZardariZardari
Zardari from the Persian compound Zar + -dâri , meaning "Holder of Money" or "Wealthy", is a Sindhi speaking tribe of Baloch origin also known as Sindhi BalochHistorically Zardari tribe was settled in the province of Sindh from Balochistan. Over the years the Zardari tribe gradually lost their...
has bowed too easily to foreign demands."
Zadari's support for the bill has left him isolated in Pakistani politics, including from some fellow cabinet members. While opposition to the Taliban has grown, so has opposition to U.S. intervention on Pakistani soil, which was reflected in a poll claiming as many as 80% of Pakistanis disapproved of the Government's relationship with the U.S.
Opposition from the Pakistani military has been staunch. Claude Rakisits of the World Politics Review wrote "The Pakistani top brass has seen this all before, and has not forgotten America's many broken promises over the past 50 years. Accordingly, they will keep their options -- including backchannels with the Taliban and other fellow travellers -- open, knowing that at the end of the day, the Americans have few alternatives available to them." Academic C. Christine Fair argued that the U.S. position under President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
where the U.S. insisted on effort to combat al Qaeda but "not insist that Pakistan shut down its support for all militant groups including the Taliban and those groups operating in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
,"(Fair, C. p. 153) further entrenched the Pakistani military's interests in maintaining links with such groups. She further argued that given the amount and ineffectiveness of aid donated between 2002 and 2008 (11.2 billion USD, of which 8.1 billion USD was militarily related (Fair, C. p. 152)), more money will not solve the issue. (Fair, C. p. 154)
Recently, the U.S. House of Representatives' Foreign Relations Committee proposed defunding the new Act on the grounds of Pakistan's reluctance on combating militant groups such as the Taliban. It was proposed by Representative Dana Rohrabacher
Dana Rohrabacher
Dana Tyron Rohrabacher is the U.S. Representative for , and previously the 45th and 42nd, serving since 1989. He is a member of the Republican Party...
(R - California). The committee, however, vetoed a further amendment which would cut all aid to Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
.
External links
- http://www.govtrack.us/congress/billtext.xpd?bill=s111-1707
- USAID
- The CIA World Factbook
- U.S. Department of State