The Root Problem

The yellow and blue Russian MI-8 helicopter landed gently on the gravel covered landing zone just east of Jalalabad on Forward Operating Base (FOB) Finley-Shields.  It had been a spectacular ride.  Flying over Afghanistan in a helicopter allows one to see the true beauty and ruggedness of this country.  From Kabul to Jalalabad, the land provides evidence of the “water is life” saying.  Parched brown, desert-like terrain is interspersed with jagged mountains lifting into the sky like earth torn up by a giant tilling machine.  Only here it isn’t tilling because that would indicate cultivation of crops – life.    While mountains are ubiquitous, cultivated land is much more infrequent.  It exists in scattered strips along rivers in open, airy valleys.  The towns and villages appear as if they are clinging to the river, desperately trying to hang on for life.  The landscape almost resembles a giant striped scarf of the variety worn by women here.  Large, wide stripes of brown are broken by a pattern of two thin green stripes divided by an even thinner blue line.  Yes, terrain very much controls life here.

strips of life 

On touching down, I grabbed my backpack and stepped gingerly down the narrow stairs.  Thirty-five pounds of body armor, a pack and two weapons makes for difficult movement in narrow confines.  Walking through the rotor blast of hot air, I saw a multitude of Mine Resistant Ambush Protected, or MRAP, vehicles lining the landing zone.  Security is a serious business here; in Kabul armored Toyota Landcruisers are sufficient.  As I exit the rotor blast I realize that the hot air isn’t from the helicopter, it’s simply the weather here – much hotter than Kabul this time of year.  As no one is there waiting for me, I ground my gear in a makeshift gazebo just off the landing zone and call my contact.  It was only after I hung up that I heard the gunfire. 

Oh crap, I thought (well, not really “crap,” but I’m trying to keep this G-rated), this isn’t good.  For about three seconds, I almost needed an underwear change.  Then I realized that all the shooting sounded alike.  The next thing I figured out was that it was the sound of M-9 gunfire (M-9s are the pistols Americans are issued and, yes, weapons do make distinctive sounds).  It would’ve been nice if I had been told about the pistol range before I got here! 

My sponsor soon showed up and took me to my room.  A guy away from the FOB on business for a few days was nice enough to loan me his room while he was gone.  Had he not been so gracious, I would’ve stayed in a wooden hooch (looks like a tent) with several other folks using a communal bathroom/shower in another building.  That really isn’t so bad, but it’s always nicer to have your own room.  As it turned out, my room had a bit of history behind it.  Apparently, the base was once a Soviet resort area for use while their soldiers were down here fighting the Mujahedeen.  After they were defeated, the Taliban used it.  It was during this time that Gulbuddin Hakmetyar slept in my room.  Hakmetyar is an unsavory character to say the least.  He continues to command a terrorist group that fights against Americans and other coalition forces.

During the course of my time at FOB Finley-Shields, I was able to meet with the Chief Prosecutor for the Afghan Army and Police, the Head of the Nangarhar Legal Aid Office, the Chief of the Huquq, and the Nangarhar representive of the International Legal Fund.  

Head of Legal Aid (left) and Chief of Huquq

I also spent quite a bit of time talking to the Department of State’s Senior Rule of Law advisor (my sponsor) and the Rule of Law Field Force-Afghanistan (ROLFF-A) team, who work quite extensively together.  These guys are on the front lines of the international rule of law effort here (I am their reach-back/support for any and all issues).  They provide tactical advice and assistance in circumstances of dwindling budgets and ultra-short time constraints.  Washington wants it done fast and cheap, but you can’t have it both ways.  Rule of law is a generational project and it takes money to do it right.  This is not to say that money can’t be spent wisely; in fact simply throwing money at the problem with no real strategic thinking simply exacerbates the problem by generating dependency in lieu of sustainability (i.e. making sure the Afghans can maintain what we start).  For the past several years the focus has been infrastructure and materiel rather than a simple, workable justice system; Americans want the Porsche when a Corolla will do.

The main issue is dependency, a systemic problem.  However, dependency is a problem of American making.  For too long, perhaps in an effort to adhere to popular COIN strategy of “winning hearts and minds,” the US has been too willing to simply build infrastructure and provide materiel.   The result is that Afghans will not “make do” or come up with innovative solutions to problems.  The default solution is American monetary assistance.  Our method of conducting business, even today, contributes to this culture of dependency.  We have confused the roles of benefactor and advisor.  Our rule of law effort is supposed to be one of advising; assisting the Afghans in applying Afghan legal solutions to Afghan legal problems while keeping in mind international obligations and Afghan Constitutional structure.

An advisor should be embedded with those he advises or at least able to visit them on a continuing basis.  For example, Nangarhar province has courts in each of its 22 districts and at least 3 in the provincial capital city.  However, because of transportation issues, the Rule of Law Team can only make 2-4 trips per week.  Thus, even at maximum trips per week, the Team can only visit a court approximately once a month.  This simply is not enough to build the trust necessary to properly advise judges, lawyers, and court administrators.  Moreover, it leaves little time for public outreach to get “buy in” from the local community. 

Sure, the local legal professional can come to the FOB, but this places us in a benefactor role.  One goes to a benefactor to ask for more “stuff,” one receives a visit from an advisor.  Don’t mistake the importance of perception.  Organic transportation for the team would resolve this problem and be cheaper in the long run.