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Since the September 11 attacks, a number of U.S. and European strategists have stepped forward to call for a fundamental paradigm shift in how the United States and Europe engage the broader Middle East - that wide swath of the globe, predominantly Muslim and overwhelmingly authoritarian, stretching from Morocco to Afghanistan. The West, they have argued, must abandon the chimera of stability offered by an autocratic status quo and instead put the weight of Western influence on the side of positive democratic change. Washington and Brussels must join forces in a partnership with reformers in the region to promote democratic transformation and human development as an antidote to those radical ideologies and terrorist groups that seek to destroy Western society and values.

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Journal Articles
Publication Date
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The Washington Quarterly
Authors
Michael A. McFaul
Larry Diamond
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Marina S. Ottaway specializes in democracy and post-conflict reconstruction issues. She is a Senior Associate of the Carnegie Endowment for International Peace in the Democracy and Rule of Law Project, a research endeavor that analyzes the state of democracy around the world and the efforts by the United States and other countries to promote democracy. Her new book, Democracy Challenged, a comparative study of semiauthoritarian regimes in Africa, the Caucasus, Latin America, and the Middle East, was published in January 2003. Her current works focus on political transformation in the Middle East and reconstruction in Iraq and Afghanistan.

She is also a lecturer in African Studies at the Nitze School for Advanced International Studies at Johns Hopkins University. Ottaway carried out research in Africa and in the Middle East and taught at the University of Addis Ababa, the University of Zambia, the American University in Cairo, and the University of the Witwatersrand in South Africa.

She received her undergraduate educatin at University of Pavia, Italy and her Ph.D. from Columbia University. Ottaway's selected Publications include, Democracy Challenged: The Rise of Semi-Authoritarianism (Carnegie, 2003); Funding Virtue: Civil Society Aid and Democracy Promotion, edited with Thomas Carothers (Carnegie, 2000); Africa's New Leaders: Democracy or State Reconstruction? (Carnegie, 1999)

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Marina Ottaway Senior Associate Carnegie Endowment for International Peace
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CDDRL Fellow, J. Alexander Thier will discuss Afghanistan's experiences with nation building, particularly in the post-Taliban era. J Alexander Thier was legal advisor to Afghanistan's Constitutional and Judicial Reform Commissions in Kabul in 2003-2004, where he assisted in the development of a new constitution and judicial system. In 2002 Alex worked in Kabul as a Constitutional and Legal expert to the British Department for International Development, and as Senior Analyst for the International Crisis Group.

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CDDRL Postdoctoral Fellow, 2004-05
Visiting Fellow and Campbell National Fellow, Hoover Institution 2004-05
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Alex Thier is Senior Advisor at Moby Media. He served as CEO of the Global Fund to End Modern Slavery; Co- Director of the Task Force on US Strategy to Support Democracy and Counter Authoritarianism; and Senior Democracy Fellow at Freedom House. He was the ninth Executive Director of the Overseas Development Institute in London, a leading global think tank on sustainable development, conflict, climate, and governance. He was appointed by President Obama to serve as chief of USAID’s Bureau for Policy, Planning, and Learning from 2013 to 2015, and as chief of Afghanistan and Pakistan Affairs from 2010 to 2013. He worked previously at the US Institute of Peace, the United Nations, and Oxfam. He was a CDDRL and Hoover Fellow in 2004-2005, and is a graduate of Stanford Law School.

J Alexander Thier Visiting Fellow CDDRL
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In January's Journal of Democracy, CDDRL Faculty Associate, and coordinator of CDDRL's Democracy program, Larry Diamond, argues that Iraq's reconstruction is unique in many ways from other post-conflict reconstruction efforts. Nonetheless, there are certain parallels to Afghanistan and other post-conflict zones in terms of reestablishing basic state services and the restoration of civil society organizations.
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Kimberly Marten is a tenured associate professor of political science at Barnard College, Columbia University, and also teaches at Columbia's School of International and Public Affairs (SIPA).

She earned her Ph.D. at Stanford in 1991, and held both pre-doc and post-doc fellowships at CISAC. She has written three books: Enforcing the Peace: Learning from the Imperial Past (Columbia Univ. Press, 2004), Weapons, Culture, and Self-Interest: Soviet Defense Managers in the New Russia (Columbia University Press, 1997), and Engaging the Enemy: Organization Theory and Soviet Military Innovation (Princeton University Press, 1993), which received the Marshall Shulman Prize. Her numerous book chapters and journal articles include a Washington Quarterly piece in Winter 2002-3, "Defending against Anarchy: From War to Peacekeeping in Afghanistan," as well as op-eds in the New York Times and International Herald Tribune.

In May 2004 she was embedded for a week with the Canadian Forces then leading the ISAF peace mission in Kabul. She is a member of the Council on Foreign Relations and the Program on New Approaches to Russian Security (PONARS). Her current research asks whether warlords and gangs can be changed from potential spoilers to stakeholders in state-building processes.

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Kimberly Marten Associate Professor of Political Science Barnard College
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Liz McBride, Director of the Post-Conflict Development Initiative at the London-based Internatinal Rescue Committee will discuss state reconstruction challenges following violent conflict in the developing world. McBride is a visiting researcher in the spring quarter at CDDRL. She has worked in humanitarian relief and post-conflict reconstruction in Tanzania and Rwanda. McBride's responsibilities at the International Rescue Committee include creating and ensuring implementation of new institutional program frameworks in response to the changing nature of humanitarian aid; overseeing technical areas of community driven reconstruction, good governance, civil society, local capacity development, conflict resolution and economic development; and supporting service delivery technical units in defining post-conflict strategies and priorities (i.e. health, education). She also works intensively with the International Rescue Committee's primary target post-conflict countries: Sudan and South Sudan, Democratic Republic of Congo, Afghanistan, Liberia.

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Liz McBride Director, Post-Conflict Development Initiative International Rescue Committee
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Professor Kimberly Marten will speak on her experiences travelling with peace keepers in Afghanistan. Her talk will be based on her forthcoming book on international peace keeping and democratization efforts in transitional states like Afghanistan.

This event is co-sponsored with CISAC.

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Kimberly Marten Associate Professor of Political Science Barnard College (Columbia University)
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Authors
Alex Thier
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Commentary
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CDDRL Visiting Fellow J. Alexander Thier questions President Bush's assertion that Afghanistan is on a path to democracy. In three years, he notes, the United States has failed to create a secure, stable or prosperous Afghanistan.

President Bush describes Afghanistan, the first front on the war on terrorism, as a success. In comparison to Iraq, perhaps it is. But if you look at Afghanistan on its own merits, the lack of progress is disheartening. In 2002, President Bush promised a "Marshall Plan" for the country, with the goal of turning Afghanistan into a stable, democratic state. On Tuesday, before the United Nations General Assembly, the president said that "the Afghan people are on the path to democracy and freedom." Yet in nearly three years we have failed to create security, stability, prosperity or the rule of law in Afghanistan.

These failings are not just a reflection of the great difficulties of nation-building in places like Afghanistan, they are also the direct result of the Bush administration's policy decisions. Our efforts in Afghanistan are underfinanced and undermanned, and our attention is waning.

The root of the problem is that we invaded Afghanistan to destroy something - the Taliban and Al Qaeda - but we didn't think much about what would grow in its place. While we focused on fighting the terrorists (and even there our effectiveness has been questionable), Afghanistan has become a collection of warlord-run fiefs fueled by a multibillion-dollar opium economy. We armed and financed warlord armies with records of drug-running and human rights abuses stretching back two decades. Then we blocked the expansion of an international security force meant to rein in the militias. These decisions were made for short-term battlefield gain - with disregard for the long-term implications for the mission there.

Our Army continues to hunt insurgents in the mountains, but we have refused to take the steps necessary to secure the rest of the country, and it shows. More coalition and Afghan government soldiers and aid workers have died this year than in each of the previous two. This summer, Doctors Without Borders, which has worked in the most desperate and dangerous conditions around the world, pulled out of Afghanistan after 24 years. In other words, the group felt safer in Afghanistan during the Soviet occupation and the civil war that followed than it did three years after the United States-led coalition toppled the Taliban.

Last month, after a United Nations-backed voter registration office was bombed, the vice president of the United Nations Staff Union urged Secretary General Kofi Annan to pull employees out of Afghanistan. The opium trade is also out of control, fueling lawlessness and financing terrorists. Last year, the trade brought in $2.3 billion; this year, opium production is expected to increase 50 to 100 percent.

Amid terrorist attacks and fighting among regional warlords, the country is preparing for presidential elections on Oct. 9. A recent United Nations report warned that warlords were intimidating voters and candidates. This month, the Organization for Security and Cooperation in Europe, which has monitored post-conflict elections in trouble spots like Bosnia and Kosovo, declared that Afghanistan was too dangerous for its election monitors (it is sending a small "election support team'' instead). President Hamid Karzai narrowly escaped assassination last week on his first campaign trip outside Kabul, and eight other presidential candidates have called for elections to be delayed, saying it's been too dangerous for them to campaign.

Many of these problems flow from early mistakes. Rather than moving quickly to establish security and then gradually turning over control to a legitimate domestic authority, we have done the opposite. As fighting among warlord militias in the countryside intensifies, we are slowly expanding our presence and being dragged into conflicts. The American "advisers" in Afghan Army units, the ubiquitous heavily armed "private" security forces and the fortress-like American Embassy are garnering comparisons to the day of the Soviets.

In Kabul, the effort to build a stable, capable government has also lagged dangerously. President Karzai has begun to show great fortitude in challenging warlords. But his factious cabinet, born of political compromise, has collapsed under the pressure of the country's hurried presidential elections. Outside Kabul, his control remains tenuous in some places, nonexistent in others. Kabul's Supreme Court, the only other branch of government, is controlled by Islamic fundamentalists unconcerned with the dictates of Afghanistan's new Constitution. On Sept. 1, without any case before the court, the chief justice ordered that Latif Pedram, a presidential candidate, be barred from the elections and investigated for blasphemy. His crime? Mr. Pedram had suggested that polygamy was unfair to women. These clerics are trying to establish a system like that in Iran, using Islam as a bludgeon against democracy.

It's true that there have been several important accomplishments in these three years: the Taliban and Al Qaeda no longer sit in Kabul's Presidential Palace; girls are back in school in many parts of the country; some roads and buildings have been rebuilt; and more than 10 million Afghans have registered to vote for the presidential elections. Thousands of international aid workers have been working with the Afghans, often at great risk, to make things better. Despite the slow progress, most Afghans are more hopeful about their future than they have been in years.

But many people working there are left with the nagging feeling that much more could have been done both to help Afghanistan and fight terrorism over the last three years. Our experience demonstrates that you can't fight wars, or do nation-building, on the cheap. Afghanistan should be a critical election issue this year, but Iraq looms much larger in the public mind. Unless the next administration steps up to the plate, it may well be an issue in four years, when we start asking, "Who lost Afghanistan?"

J Alexander Thier, a fellow at the Hoover Institution and the Center on Democracy, Development and the Rule of Law at Stanford University, was a legal adviser to Afghanistan's constitutional and judicial reform commissions.

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CDDRL Postdoctoral Fellow, 2004-05
Visiting Fellow and Campbell National Fellow, Hoover Institution 2004-05
athier_photo_-_alex_thier.jpg

Alex Thier is Senior Advisor at Moby Media. He served as CEO of the Global Fund to End Modern Slavery; Co- Director of the Task Force on US Strategy to Support Democracy and Counter Authoritarianism; and Senior Democracy Fellow at Freedom House. He was the ninth Executive Director of the Overseas Development Institute in London, a leading global think tank on sustainable development, conflict, climate, and governance. He was appointed by President Obama to serve as chief of USAID’s Bureau for Policy, Planning, and Learning from 2013 to 2015, and as chief of Afghanistan and Pakistan Affairs from 2010 to 2013. He worked previously at the US Institute of Peace, the United Nations, and Oxfam. He was a CDDRL and Hoover Fellow in 2004-2005, and is a graduate of Stanford Law School.

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This paper first discusses the current situation in Afghanistan, including ongoing security issues and the status of state institutions. It then focuses specifically on the state of the judiciary, its legal and historical underpinnings. Finally, the paper addresses the key challenges in building a justice system in Afghanistan, and the role of the international community in this process.

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Publication Type
Working Papers
Publication Date
Journal Publisher
CDDRL Working Papers
Authors
Alex Thier
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