'Whom to Choose and Whom Not to Choose' is the Question

Headlines like 'Afghan War Reaches Delhi' may have shown up on your news feed. These headlines are talking about a tussle going on in the Embassy of the Islamic Republic of Afghanistan in New Delhi. Let's understand the drama going on in the Afghan Embassy in New Delhi.

Firstly let us get it clear between whom the tussle is going on. It is between the two regimes of Afghanistan— the Islamic Republic of Afghanistan and the Islamic Emirate of Afghanistan. The Islamic Republic is the one which was set up by the US when it invaded Afghanistan in 2001 in the name of its so-called 'War on Terror' and overthrew the Taliban regime. This resulted in a 20-year-long war, at the end of which the US and its allied forces had to withdraw from the country. On 15 August 2021, Kabul fell into the hands of the Taliban and they re-established their Islamic Emirate. Former officials of the Islamic Republic of Afghanistan had announced the formation of the government in exile.

Till now the new Taliban regime is not recognised as a legitimate government of Afghanistan by any country, thus, they don't have control over the embassies of Afghanistan in other countries. But as of now, they have managed to take hold of close to 14 Afghan embassies abroad and placed their own nominees. While most nations where Afghanistan ran missions have refused to accede to the Taliban appointments, Russia, China, Pakistan, the Central Asian countries and Iran have allowed the Taliban-appointed diplomats to run the missions, and even raise the Taliban or Islamic Emirate's flag rather than that of the previous Islamic Republic. And this time they wish to do similar things with the Afghan Embassy in New Delhi.

Kahani shuru se shuru karte hain [Let's start the story from the beginning].

Afghanistan's Ambassador to India, Farid Mamundzay, was chosen by the country's previous "democratic" government before the Taliban takeover.

Farid Mamundzay, Islamic Republic of  Afghanistan's Ambassador to Bharat

On 25 April 2023, the Taliban's Ministry of Foreign Affairs (MOFA) issued a letter calling Mamundzay back and asking him to report to the ministry in Kabul.

Another order on the same date said that Trade Counsellor, Qadir Shah would "supervise affairs at the Afghanistan Embassy in Delhi" and report to the government in Kabul.

Qadir Shah, former Trade Counsellor at the Embassy of Afghanistan in New Delhi

The matter escalated when the Trade Counsellor, Qadir Shah attempted to assume office as the chargé d’affaires but the move was resisted by other embassy staffers. On 28 April 2023, while the Ambassador was visiting his family in London, Shah wrote to the Bharatiya Ministry of External Affairs (MEA) requesting facilitation as the new chargé d’affaires.

Mamundzay returned to New Delhi shortly after and, since then, Shah has not been allowed to enter the Embassy premises.

This whole drama became public on Sunday, 14 May 2023, when an Afghan media organisation, TOLOnews published a letter from Afghan refugees in India accusing the Ambassador and other officials of corruption.

"Afghans based in India" in a letter to the Islamic Emirate Ministry of Foreign Affairs accused several officials at the Afghan embassy in India of "corruption," related to a land lease agreement with an Indian company.

The officials in the Afghan embassy in Delhi have yet to… pic.twitter.com/KnPPMEO25s

— TOLOnews (@TOLOnews) May 14, 2023

In response, Mamundzay, the Ambassador called the allegations "one-sided, biased and untruthful". The Afghan Embassy also rejected the claims of Qadir Shah to take charge of the mission. Talking to the media, Mamundzay was also curious as to why the Taliban picked Shah as a chargé d’affaires among so many career diplomats already posted at the mission with "greater experience and skill".

Press Statement;

No change of leadership in Afghan Embassy in New Delhi, India

Date:15th May, 2023 pic.twitter.com/8fRVGv8yOy

— Farid Mamundzay फरीद मामुन्दजई فرید ماموندزی (@FMamundzay) May 15, 2023

After that, Qadir Shah also released a statement claiming he is not "affiliated" with the Taliban and accused the Ambassador of "evil designs". In that statement, he also mentioned that the Ambassador often goes abroad on personal leave without nominating any chargé d’affaires. "In his absence, there were several complaints by the Afghan people, including of corruption wherein Ambassador's name was mentioned. The same complaints were sent by Afghan people to Kabul as well. Therefore, for the welfare of Afghan people and to ensure there is continuity in providing consular and other services to them, I think MoFA sent a communication to Afghan Ambassador and the administrative officer of the Embassy to nominate a C'dA who could resolve these issues."

I strongly refute the baseless, false, fictitious and malafide claims made by the official(s) of the Afghan Embassy (who now claims to be the supreme “leadership” of the Afghan Embassy).

Press Statement 👇 pic.twitter.com/ITtRjlUzjj

— Qadir Shah | قادرشاه (@Qadirshaah) May 16, 2023

Sources in the Afghan Embassy in New Delhi told the media that they do receive letters from the Taliban but these are not entertained as the Embassy represents the Republic, not the Islamic Emirate.

What is the situation right now?

Both the Embassy and Qadir Shah have communicated the issue to the MEA and are waiting for their response. The Embassy is pressing the MEA to cancel Shah's diplomatic visa following his dismissal from Mamundzay’s team.

But as you know our diplomacy is infamous for not standing up on many issues. Here too, the MEA has remained silent, not taking a proper decision. MEA’s silence is being interpreted as a "signal" that it is open to the idea of a Taliban-appointed diplomat.

However, diplomatic sources told the media that the MEA won’t intervene as it views the issue as an "internal matter" and is expecting both sides to sort it out among themselves.

This silent acceptance of the Taliban by Bharat is visible from the fact that New Delhi decided to reopen its Embassy and has set up a "technical mission" in Kabul, MEA officials travelled to Kabul to meet the Taliban ministers, humanitarian aid has been provided to Afghanistan, and Taliban officials have been trained in online courses run by the Bharatiya government.

Can Bharat really be silent on this?

According to the Vienna Convention of 1961, whenever a country wishes to send somebody as the Head of a diplomatic mission in another country, the receiving country has to give approval to that name. And the receiving country can at any time notify the sending country that the Head of the diplomatic mission or any other member of the diplomatic staff is persona non grata or not acceptable. So Bharat has the right to interfere.

Now why should Bharat interfere? Bharat cannot ignore this issue, by just calling it an "internal matter" of the Embassy. The reality is that it's not just about the tussle between Farid Mamundzay and Qadir Shah.

How can an attempt by the Taliban to insert its representative as a diplomat covertly in Afghanistan's Embassy be an internal matter of the Embassy? Remember the terror activities it has sponsored against Bharat. We wouldn't like a Taliban representative in New Delhi with diplomatic immunity. You may be having back-channel talks with them but allowing them to be your guest (indirectly recognising the Taliban regime) would certainly not be a good idea.

I would also say that the corruption allegations against the current Afghan Ambassador and his team should not be overlooked at all.

MEA needs to investigate the affiliations of Qadir Shah and other diplomats of the Afghan diplomatic mission in Bharat. It should also investigate the corruption allegations against the Embassy officials. Whoever is found guilty should be deported back and the government in exile of the Islamic Republic of Afghanistan has to be notified about it so as to request a replacement. The replacement order cannot come from the Islamic Emirate, i.e., the Taliban regime, no matter how much the Afghan Embassy has to work with the assistance of the Taliban for "functional requirements".