Recognition and Current Afghan Taliban Setup

Recognition and current Afghan Taliban set up The Afghan Taliban are still grappling with the issue of international recognition more than a month after capturing Kabul. The international community\’s recognition of the hard-line movement as a legitimate government will significantly impact foreign investment, expertise, and aid. Only three countries recognized the Taliban\’s rule the last time they were in power: Pakistan, Saudi Arabia, and the United Arab Emirates. This time, the Taliban will have to win the trust of the international community. In contrast, foreign powers will have to act by ground realities and negotiate with the Taliban for the sake of Afghanistan\’s stability. The EU and the United Kingdom, which are key assistance providers, are currently wary of dealing with the Taliban, even though there are few choices.

The requirements for the state to recognized are explained by different theories as follows;

1- Kelsen Theory of Recognition

 Any new state or new government which seeks to recognized as an international person must fulfill the following conditions…

1. The state must politically organized
2. It should have control over a definite territory
3. control should tend towards permanency, and
4. The new state must be independent.

2 – Fenwick\’s  view of recognition

Recognition of state has two elements

The new political community (new state) possesses the requirements of Statehood  i.e. 

• permanent population
• Defined Territory
• A Government

3 – A capacity to enter into relations with the other states, he new state is a normal subject of International rights and duties.

While recognition of Government means that new government, in the opinion of the world community, is qualified to represent an Existing State.

4 – Constitutive Theory of Recognition

In simple words, it means that the state comes into existence only when it is recognized by the world community. Hegel was the founder of this theory and Anzilotty and judge Lauterpacht is the advocates of this theory. They maintain that the state acquires rights after recognition because recognition creates rights and obligations which the state did not possess before recognition.

5 – Stark View

Stark comments on the views of Lauterpatch, that unfortunately, his thesis is not supported by State Practice. States continue to treat recognition as an act of policy rather than as an act of Law. Some other Jurists consider that a state has a responsibility not to recognize as a state any entity that has attained the qualifications for statehood by a violation of basic principles of the UN Charter and various UN Security Council\’s Resolution.

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Why the world is hesitant to recognize the current Afghan setup.

 The world has the following concerns regarding the current Afghan setup……

1. Inclusion of Haqqani Network in the Government
2. Lack of Inclusive Government
3. Lack of Women \’s representation in government.
4. Violation of Women Rights

6 – Formation of Government Through Force

In reality, all these concerns are empty slogans. The biggest problem is Block politics in the world order. Europe and NATO are always concerned about a particular action of a particular state whenever this action challenges their unjustified hegemony,  illegal intervention, occupation, and cultural imperialism. That’s why the Afghan government trampled all the above concerns in the very beginning.

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Conclusion

The new government of Afghanistan possesses all the requirements of  Statehood but once again world community sees its recognition through the prism of State Practices rather than the prism of Law. In international Relations, state practices are solely based on national interest and have no concerns regarding human rights. Some experts point out that foreign governments can use recognition and humanitarian aid as leverage to pressurize the Taliban on human rights. so the only way left for the New Afghan government is implied recognition on the part of the Chinese Block because AUKUS, QUAD, and Afghanistan Counterterrorism ، Oversight and Accountability Act of 2021 is nothing but Containment of Chinese Block.

Writer: (kamy Khan)