Analysis | To pursue or abandon? India’s options after yet another China blow on Azhar listing as global terrorist

China’s 'hold' doesn’t automatically kill the current proposal to list Azhar

Updated - March 14, 2019 08:50 pm IST

Published - March 14, 2019 01:58 pm IST - NEW DELHI

Indians hold a scratched photo of Jaish-e-Mohammad group chief, Maulana Masood Azhar, as they shout slogans against Pakistan during a protest in Mumbai on February 15, 2019, the day after the Pulwama attack.

Indians hold a scratched photo of Jaish-e-Mohammad group chief, Maulana Masood Azhar, as they shout slogans against Pakistan during a protest in Mumbai on February 15, 2019, the day after the Pulwama attack.

Despite weeks of a diplomatic campaign after the Pulwama terror attack , China’s decision to place a “hold” on the United Nations Security Council (UNSC) listing of Jaish-e-Mohammad chief Masood Azhar as a global terrorrist has come as a setback to India. It will force New Delhi to reconsider its strategy on the issue and consider various options and priorities in the weeks ahead.

Among those options are whether to continue to pursue the Azhar issue with China, to abandon the effort, or to lobby other UNSC members to try and change the veto system entirely, say various experts.

To begin with, China’s 'hold' doesn’t automatically kill the current proposal to list Azhar as a global terrorist. China can maintain it for up to six months, according to the guidelines of the 1267 ISIL and Al Qaeda Sanctions Committee (Article 4 (j &k) . After that, it can request one extension for up to three months. This means, if India chooses to pursue the issue, it could use the time to convince China of the importance of the move.

Two decade-old effort

Clearly, this is easier said than done: the effort to list Azhar as a “Qaida Designated Individual (QDi)” is nearly two decades old, and China has not budged on its position on Azhar once, even as it has allowed the listing of more than a dozen other terror groups and leaders based in Pakistan.

China’s opposition also comes despite the fact that the original listing of the Jaish-e-Mohammad (QDe.019) of 17 October 2001 specifically mentions Azhar as its founder, who raised funds from Osama bin Laden amongst others.

However a diplomat engaged in negotiations with Beijing did tell The Hindu that this is “the closest that China has come to reconsidering the Azhar issue”.

'Go for a more transactional approach'

If the Government of India wishes to make China change its stand, it must consider a more transactional approach, says former Ambassador to China and Pakistan Gautam Bambawale, who advocates identifying issues at the U.N., where China will want India’s support or that of the U.S., the U.K. and France in return.

While Prime Minister Narendra Modi’s Wuhan summit with President Xi Jinping has failed to move China to align its position on terrorism to India’s thus far, another opportunity will come for India when Mr. Xi travels to New Delhi for the next informal summit expected shortly after the general election.

Still others suggest that India should work with other UNSC members to ensure that China is unable to stop the listing process as it has been able to do in the past four attempts to list Azhar.

“The time has come to focus on the veto power of China in the UNSC being used cynically to oppose global counter terrorism measures,” said Asoke Mukerji, former Indian Ambassador to the United Nations. He advocated that the UN General Assembly resolution on five areas of UNSC reform, including the question of veto, be tabled now, especially in cases where the vast majority is held up by one or two members.

Something similar may have been hinted at by a U.S. diplomat at the Security Council. He expressed some frustration at the end of the fortnight’s efforts by the U.S. to convince China on the Azhar question. “If China continues to block this designation, responsible member-states may be forced to pursue other actions at the Security Council. It shouldn’t have to come to that,” he warned.

Another track advocated by some is to shelve the Azhar plan entirely, and direct India’s diplomatic efforts towards effecting real actions by Pakistan against terror groups. After all, Lashkar-e-Taiba chief Hafiz Saeed remains a free man 10 years after he was added to the list after the Mumbai 26/11 attacks.

Pak. to face review at FATF

In the next two months, Pakistan will face a review of its actions at the Financial Action Task Force (FATF), and many say India’s diplomatic efforts will be better employed in keeping the focus on those actions, which would include changing Pakistan’s anti-terror laws to allow the prosecution of leaders like Azhar and Saeed, ensuring both and their groups are unable to address public rallies, or collect funds as they have been able to do until quite recently, and to see what the Ministry of External Affairs (MEA) calls “credible, verifiable and sustained” actions to shut down the terror camps and other infrastructure inside Pakistan.

China’s role in this would be important, as its investments have the most to gain from the permanent shutting down of these groups. At the UNSC, India could also continue to pursue the listings of other leaders, and return to the question of Azhar at a later date.

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