The agreement announced Wednesday is far from complete. The
document now goes to the Loya Jirga, a 3,000-member council of
elders that has the right to revise or reject any clause of the
draft agreement. Whatever they agree upon then goes to the Afghan
parliament, which could make still more changes before the agreement
is approved.
On the U.S. side, only the Obama administration needs to approve the
agreement, but it could reject changes made by Afghan officials. If
it does, that leaves open the option for the U.S. to pull all troops
out of Afghanistan.
Such was the case in Iraq, when the U.S. and Iraq couldn't agree on
terms of a security arrangement. Sectarian violence has plagued Iraq
since, and some fear Afghanistan could head down that path without a
continued U.S. presence if Afghan forces cannot defend the country
themselves.
Secretary of State John Kerry said the language, agreed to after
about a year of tense on-again, off-again negotiations, will be
reflected in the draft proposal presented Thursday to the Loya
Jirga, in Kabul.
"There were some people who may have questioned or doubted whether
that was going to happen. Well, it's happening tomorrow, and it's
happening tomorrow with agreed-upon language between us," Kerry said
Wednesday during a news conference at the State Department with
Australian officials and Defense Secretary Chuck Hagel.
"We have agreed on the language that would be submitted to the Loya
Jirga, but they have to pass it," Kerry said.
The agreement would give the U.S. a legal basis for having forces in
Afghanistan after 2014, and also allow it to use bases across the
country. It's set to remain in force until the end of 2024 and
beyond, unless terminated by mutual agreement or by either party
with two years' written notice.
While the agreement allows for a decade-long, if not longer,
presence for U.S. troops, they may not be there over that period.
The Obama administration has yet to specify how long U.S. troops
might actually remain in Afghanistan to complete their training and
support mission, and the agreement extends far past Obama's tenure
as president.
U.S. officials have not yet disclosed the number of U.S. troops they
want to keep in Afghanistan after 2014. U.S. officials have said the
U.S. and NATO could keep between 8,000 and 12,000 troops there. Of
those, the U.S. is expected to provide no more than 8,000.
Kerry said that whatever the number, the role of the U.S. military
would be "limited."
"It is entirely train, equip and assist. There is no combat role for
United States forces, and the bilateral security agreement is a way
to try to clarify for Afghans and for United States military forces
exactly what the rules are with respect to that ongoing
relationship," he said.
Karzai's office posted a copy of the draft proposal on its website
on Wednesday.
According to the draft posted on the website, the agreement, as
expected, gives the U.S. legal jurisdiction over troops and Defense
Department civilians, while contractors would be subject to the
Afghan judicial process. Deep divisions in Afghanistan over legal
immunity for American soldiers and contractors as well as night
raids had threatened to scuttle diplomatic efforts.
The pact also provides for U.S. counterterrorism operations in
coordination with the Afghans, with the goal that the Afghan forces
should be in the lead. It also notes that U.S. troops will not
conduct combat operations unless they are "mutually agreed" on by
the U.S. and Afghans.
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On the sensitive issue of U.S. troops going into Afghan homes, the
agreement says that U.S. forces should not "target Afghan civilians,
including in their homes, consistent with Afghan law and the United
States forces' rules of engagement." It also says that U.S.
counterterrorism operations should be conducted with "full regard
for the safety and security of the Afghan people, including in their
homes."
An additional line, which was agreed to by both sides, says that
"U.S. forces can only enter Afghan homes in extraordinary
circumstances when the life or limb of Americans is at stake,"
according to a U.S. official. The official, who said this language
is the only line missing from the draft posted on the website, was
not authorized to discuss the details of the document with the media
and spoke on condition of anonymity.
Kerry and Karzai spoke by phone on Wednesday for the second time in
two days.
On Tuesday, Karzai invited Kerry to attend the Loya Jirga. Kerry has
no plans to attend, but offered the idea of providing reassurances
about the U.S.-Afghan security relationship in addressing past
issues, such as civilians casualties, which have been discussed many
times. The State Department said that those assurances might be
offered in the form of a letter or another format, but said nothing
had been decided.
The deaths of Afghan civilians at the hands of U.S.-led NATO forces
have been a sensitive issue in the U.S.-Afghanistan relationship,
although more Afghan civilians die as a result of insurgent attacks.
Kerry emphasized that the assurances he discussed with Karzai were
never going to be in the form of an apology.
"Let me be clear. President Karzai didn't ask for an apology," Kerry
said. "There was no discussion of an apology."
Kerry added: "He didn't ask for it, we're not discussing it."
Kerry said it's up to Karzai to convene and direct the gathering of
elders and it's up to President Barack Obama and the White House to
address any issues related to any possible communication with
Karzai. "So let's see where we are, but the important thing for
people to understand is there has never been a discussion of or the
word apology used in our discussions whatsoever," he said.
The Afghan president is keenly aware that previous leaders of his
country historically have been punished if seen as selling out to
foreign interests and wants to make sure that any U.S.-Afghan
agreement is not viewed in that context.
Karzai, who cannot run for a third term, is slated to step down at
the end of next year — the same time nearly all international troops
are to have left the country. If the elders approve the pact, it
will give Karzai the political cover he needs to sign it.
[Associated
Press; DEB RIECHMANN]
Associated Press writers
Bradley Klapper and Lolita C. Baldor in Washington contributed to
this report.
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