An Afghan policeman looks on as he stands guard with others near the premises where the forthcoming Loya Jirga will be held in Kabul.
US Secretary of State John Kerry has confirmed that America and Afghanistan have agreed to the language of a security deal post the withdrawal of combat troops by December 2014. The draft is being debated from today at a Loya Jirga (council of elders) in Kabul. If approved, it will have to be given the green signal by Afghanistan's Parliament and the US Congress before it is signed.
Mr Kerry, at a press conference, said the agreed language of the text was on the, ' terms, outline, structure and process that ISAF (International Security Assistance Force) and US forces will be engaged going forward.' He insisted on its limited scope saying, "It is to train, equip and assist security and military forces," and added that the US troops will have 'no combat role.' Mr Kerry said, "We've agreed to the language. It will be submitted to the Loya Jirga (today). They have to pass it."
Compromise on contentious clauses:
Compromise has been reached on contentious clauses. The US will have full jurisdiction on their troops who commit crimes. US military personnel will not be tried under Afghan law or in local courts though contractors who may be of different nationalities. America has also agreed it will not target Afghan civilians, including in their homes, subject to rules of engagement. The agreement, if it goes through, will let a yet unspecified number (possibly up to 15,000 US troops) stay after 2014 and America will continue to fund Afghan forces (The current figure agreed on is $ 4 billion a year).
No apology quid-pro-quo
John Kerry also made it clear there was no American apology given for earlier military mistakes - as had been earlier reported. He said, "I don't know where the idea of an apology started. It started there (Kabul) President Karzai didn't ask for one. There was no discussion. It was not on table. There was never any discussion on an apology." A day earlier, the Afghan Presidential office was quoted as saying an apology was on the table. But, since those reports were only to the local media in Dari and Pashtu languages, analysts say it was more for domestic consumption. Experts say, President Karzai needs to show Afghans that he is in hardball negotiations and is extracting the maximum he can.
Loya Jirga
The Council of Elders begins debating the draft today. The careful selection of delegates and the format indicates that President Karzai is probably in control of the outcome. But, a no vote would almost inevitably mean no US soldiers would stay on after 2014 and the four billion dollars needed every year for Afghan security forces to fight the Taliban could dry up. King Amanullah Khan institutionalised the Loya Jirga in the early 1900s to legitimise his power. President Karzai has modified it since 2002 to give him a stamp of authority. But, Parliamentarians argue that these Councils or Assemblies are diluting their power and jurisdiction. Any of the nearly 3,000 delegates can speak over the next four days of the Jirga. But, they're divided into several dozens of committees handling different aspects. Only the chair of each committee can sum up the discussions and only the chair of the jirga has the authority to make an overall conclusion.
Draft Bilateral Security Agreement (BSA)
NDTV has access to the agreed final draft that will be debated by the Loya Jirga. The Preamble states the objective of troops staying beyond the withdrawal of combat personnel by December 2014. It says: Desiring to continue to foster close cooperation concerning defence and security arrangements in order to strengthen security and stability in Afghanistan, contribute to regional and international peace and stability, combat terrorism, achieve a region which is no longer a safe haven for al-Qaida and its affiliates, and enhance the ability of Afghanistan to deter threats against its sovereignty, security, and territorial integrity; and noting that the United States does not seek permanent military facilities in Afghanistan, or a presence that is a threat to Afghanistan's neighbours, and has pledged not to use Afghan territory or facilities as a launching point for attacks against other countries.
Purpose and scope:
The purpose and scope as outlined in Article 1(1): The Parties shall continue to foster close cooperation to strengthen security and stability in Afghanistan, counter-terrorism, contribute to regional and international peace and stability, and enhance the ability of Afghanistan to deter internal and external threats against its sovereignty, security, territorial integrity, national unity, and its constitutional order. Unless otherwise mutually agreed, United States forces shall not conduct combat operations in Afghanistan.
The US military role is restricted in Article 1(2) to 'advising, training, equipping, supporting, and sustaining defence and security forces' with an opening left for possible combat counter-terrorism operations,' Unless otherwise mutually agreed, United States forces shall not conduct combat operations.' Those operations will be conducted, 'with full respect for Afghan sovereignty and full regard for the safety and security of the Afghan people, including in their homes. In furtherance of this objective, United States forces shall not target Afghan civilians, including in their homes, consistent with Afghan law and United States forces' rules of engagement.' That was a clause that President Hamid Karzai was adamant on, though, it seems, watered down from the earlier reported, 'only in exceptional circumstances' wording.
Only US jurisdiction on its troops
The draft agreement also states US will have exclusive right to 'exercise jurisdiction over such persons in respect of any criminal or civil offenses committed in the territory of Afghanistan. Afghanistan authorizes the United States to hold trial in such cases, or take other disciplinary action, as appropriate, in the territory of Afghanistan. Afghanistan maintains the right to exercise jurisdiction over United States contractors and United States contractor employees.'
The US had completely withdrawn from Iraq in 2009 when it couldn't get a similar assurance. The most infamous incident involving an American soldier in recent times took place in March 2012. Staff Sergeant Robert Bales went on a murderous massacre killing 16 civilians and injuring six others in Panjwai district of Kandahar province. The soldier was sentenced to life in prison without the possibility of parole by a jury in Washington in August 2013.
Military funds post 2014
America has, apart from agreeing to keep troops on bases in Afghanistan post the withdrawal of combat personnel in 2014, also assured it will keep the tap of funding military running. Article 4(3) states, 'The United States shall have an obligation to seek funds on a yearly basis to support the training, equipping, advising and sustaining of defence and security forces. The United States shall consult with Afghanistan regarding the amount of funding needed to accomplish the purposes of this Agreement.'
External aggression
President Karzai has also extracted a pledge on external aggression which the US was reluctant to give. According to Article 6(4) ,' In the event of external aggression or the threat of external aggression against Afghanistan, the Parties shall hold consultations on an urgent basis to develop and implement an appropriate response, including, as may be mutually determined, consideration of available political, diplomatic, military, and economic measures.'
US bases post 2014
The draft agreement also agrees on the US operating from nine bases post 2014- Kabul, Bagram, Mazar-i-Sharif, Herat, Kandahar, Shorab (Helmand), Gardez, Jalalabad and Shindand. It will also have eight air bases for its personnel.
India and the world watches
India has argued that the vacuum created after the withdrawal would have national, regional and global repercussions. India has pledged over two billion dollars in development aid and has several thousand nationals working in various capacities in Afghanistan. India is also helping build the Salma Dam project in Herat along with the new Parliament complex in Kabul. An Indian consortium has proposed eleven billion dollars in investment in mining iron ore from the Hajigak mines in Bamiyan. New Delhi is also helping in institution building, security assistance and training as well as security equipment supply. India has been targeted in the past in attacks on the Indian embassy in Kabul in 2008 in which Defence Attache Brig Mehta, Political Counsellor Venkateswara Rao, ITBP personnel Ajay Pathania and Roop Singh and 54 Afghans were killed. It was again attacked in 2009, and in 2013, the consulate in Jalalabad was attacked. In another attack in 2010 on a guest house in Kabul, nine Indians were killed. And though, there is still uncertainty on whether the US-Afghan pact will be signed, New Delhi will be breathing a sigh of relief if not breathing easily if it knows the world is not abandoning Afghanistan as it did after the Soviet withdrawal in 1988-89.
Mr Kerry, at a press conference, said the agreed language of the text was on the, ' terms, outline, structure and process that ISAF (International Security Assistance Force) and US forces will be engaged going forward.' He insisted on its limited scope saying, "It is to train, equip and assist security and military forces," and added that the US troops will have 'no combat role.' Mr Kerry said, "We've agreed to the language. It will be submitted to the Loya Jirga (today). They have to pass it."
Compromise on contentious clauses:
Compromise has been reached on contentious clauses. The US will have full jurisdiction on their troops who commit crimes. US military personnel will not be tried under Afghan law or in local courts though contractors who may be of different nationalities. America has also agreed it will not target Afghan civilians, including in their homes, subject to rules of engagement. The agreement, if it goes through, will let a yet unspecified number (possibly up to 15,000 US troops) stay after 2014 and America will continue to fund Afghan forces (The current figure agreed on is $ 4 billion a year).
No apology quid-pro-quo
John Kerry also made it clear there was no American apology given for earlier military mistakes - as had been earlier reported. He said, "I don't know where the idea of an apology started. It started there (Kabul) President Karzai didn't ask for one. There was no discussion. It was not on table. There was never any discussion on an apology." A day earlier, the Afghan Presidential office was quoted as saying an apology was on the table. But, since those reports were only to the local media in Dari and Pashtu languages, analysts say it was more for domestic consumption. Experts say, President Karzai needs to show Afghans that he is in hardball negotiations and is extracting the maximum he can.
Loya Jirga
The Council of Elders begins debating the draft today. The careful selection of delegates and the format indicates that President Karzai is probably in control of the outcome. But, a no vote would almost inevitably mean no US soldiers would stay on after 2014 and the four billion dollars needed every year for Afghan security forces to fight the Taliban could dry up. King Amanullah Khan institutionalised the Loya Jirga in the early 1900s to legitimise his power. President Karzai has modified it since 2002 to give him a stamp of authority. But, Parliamentarians argue that these Councils or Assemblies are diluting their power and jurisdiction. Any of the nearly 3,000 delegates can speak over the next four days of the Jirga. But, they're divided into several dozens of committees handling different aspects. Only the chair of each committee can sum up the discussions and only the chair of the jirga has the authority to make an overall conclusion.
Draft Bilateral Security Agreement (BSA)
NDTV has access to the agreed final draft that will be debated by the Loya Jirga. The Preamble states the objective of troops staying beyond the withdrawal of combat personnel by December 2014. It says: Desiring to continue to foster close cooperation concerning defence and security arrangements in order to strengthen security and stability in Afghanistan, contribute to regional and international peace and stability, combat terrorism, achieve a region which is no longer a safe haven for al-Qaida and its affiliates, and enhance the ability of Afghanistan to deter threats against its sovereignty, security, and territorial integrity; and noting that the United States does not seek permanent military facilities in Afghanistan, or a presence that is a threat to Afghanistan's neighbours, and has pledged not to use Afghan territory or facilities as a launching point for attacks against other countries.
Purpose and scope:
The purpose and scope as outlined in Article 1(1): The Parties shall continue to foster close cooperation to strengthen security and stability in Afghanistan, counter-terrorism, contribute to regional and international peace and stability, and enhance the ability of Afghanistan to deter internal and external threats against its sovereignty, security, territorial integrity, national unity, and its constitutional order. Unless otherwise mutually agreed, United States forces shall not conduct combat operations in Afghanistan.
The US military role is restricted in Article 1(2) to 'advising, training, equipping, supporting, and sustaining defence and security forces' with an opening left for possible combat counter-terrorism operations,' Unless otherwise mutually agreed, United States forces shall not conduct combat operations.' Those operations will be conducted, 'with full respect for Afghan sovereignty and full regard for the safety and security of the Afghan people, including in their homes. In furtherance of this objective, United States forces shall not target Afghan civilians, including in their homes, consistent with Afghan law and United States forces' rules of engagement.' That was a clause that President Hamid Karzai was adamant on, though, it seems, watered down from the earlier reported, 'only in exceptional circumstances' wording.
Only US jurisdiction on its troops
The draft agreement also states US will have exclusive right to 'exercise jurisdiction over such persons in respect of any criminal or civil offenses committed in the territory of Afghanistan. Afghanistan authorizes the United States to hold trial in such cases, or take other disciplinary action, as appropriate, in the territory of Afghanistan. Afghanistan maintains the right to exercise jurisdiction over United States contractors and United States contractor employees.'
The US had completely withdrawn from Iraq in 2009 when it couldn't get a similar assurance. The most infamous incident involving an American soldier in recent times took place in March 2012. Staff Sergeant Robert Bales went on a murderous massacre killing 16 civilians and injuring six others in Panjwai district of Kandahar province. The soldier was sentenced to life in prison without the possibility of parole by a jury in Washington in August 2013.
Military funds post 2014
America has, apart from agreeing to keep troops on bases in Afghanistan post the withdrawal of combat personnel in 2014, also assured it will keep the tap of funding military running. Article 4(3) states, 'The United States shall have an obligation to seek funds on a yearly basis to support the training, equipping, advising and sustaining of defence and security forces. The United States shall consult with Afghanistan regarding the amount of funding needed to accomplish the purposes of this Agreement.'
External aggression
President Karzai has also extracted a pledge on external aggression which the US was reluctant to give. According to Article 6(4) ,' In the event of external aggression or the threat of external aggression against Afghanistan, the Parties shall hold consultations on an urgent basis to develop and implement an appropriate response, including, as may be mutually determined, consideration of available political, diplomatic, military, and economic measures.'
US bases post 2014
The draft agreement also agrees on the US operating from nine bases post 2014- Kabul, Bagram, Mazar-i-Sharif, Herat, Kandahar, Shorab (Helmand), Gardez, Jalalabad and Shindand. It will also have eight air bases for its personnel.
India and the world watches
India has argued that the vacuum created after the withdrawal would have national, regional and global repercussions. India has pledged over two billion dollars in development aid and has several thousand nationals working in various capacities in Afghanistan. India is also helping build the Salma Dam project in Herat along with the new Parliament complex in Kabul. An Indian consortium has proposed eleven billion dollars in investment in mining iron ore from the Hajigak mines in Bamiyan. New Delhi is also helping in institution building, security assistance and training as well as security equipment supply. India has been targeted in the past in attacks on the Indian embassy in Kabul in 2008 in which Defence Attache Brig Mehta, Political Counsellor Venkateswara Rao, ITBP personnel Ajay Pathania and Roop Singh and 54 Afghans were killed. It was again attacked in 2009, and in 2013, the consulate in Jalalabad was attacked. In another attack in 2010 on a guest house in Kabul, nine Indians were killed. And though, there is still uncertainty on whether the US-Afghan pact will be signed, New Delhi will be breathing a sigh of relief if not breathing easily if it knows the world is not abandoning Afghanistan as it did after the Soviet withdrawal in 1988-89.
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