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Afghanistan assets must be returned to help them recover

by Salaamedia Intern
Victims’ families of 9/11 are not entitled to Afghan funds according to judge Photo Afghanistan Times

Afghanistan – US Magistrate Judge Sarah Netburn has recommended victims of the 9/11 attack should not be allowed to seize $3.5 billion of assets belonging to Afghanistan’s central Bank. Almost a year into the Taliban rule, the economy and health of the country is in tatters. Prices of food and basic necessities continue to surge. The situation is likely to get worse as the United States continues to freeze $10 billion in Afghanistan assets. 

In February, President Biden froze the assets, reserving half to help the Afghan and the other $3.5billion for September 11 victims’ families. While these funds continue to be frozen, the humanitarian crisis in Afghanistan worsens. Hadiya Afzal, Programme coordinator at Unfreeze Afghanistan, believes it is important to keep everyone in mind while moving forward in finding a solution to the problem.

The result of freezing Afghanistan’s assets 

For months the international community have been applying pressure on the government to allow girls to go to school. This is one of the reasons cited by the United States for freezing Afghan assets. However, earlier this year Unfreeze Afghanistan led a delegation to Afghanistan. They spoke to local leaders, teachers and NGOs to understand what is truly needed. Most reports that come back speak of the true depths of poverty the people are facing, said Afzal.

“We’re hearing reports every week that people are boiling grass to feed their families. They’re being forced to sell off whatever they can to afford the food that is in the markets. We’re seeing a depression now in Afghanistan that is being exacerbated by a lack of access to their own central bank funds.”

Although there have been many issues raised on women’s rights in Afghanistan, the underlying factors have been ignored for far too long. Many parents are not focused on education for their daughters but are focused on trying to survive and feed their families.

“When our delegation was there, they spoke to a woman on the street who was begging for food if she was wondering if her kids could go to school. She said that they can’t even focus on sending their sons because they don’t have money for a pencil and pieces of paper. Their focus is on survival and that should be the focus of any allies who are looking to help those people.”

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The issues surrounding the Afghan assets

The Afghan bank was modelled after the United States Federal Reserve system. The government then encouraged their people to abandon the Hawala system and place their money into their central bank. Their assets were then given to the United States who convinced the Afghan government they would keep it safe. After the Taliban came into power, the funds were frozen and have been frozen ever since. 

Following this an executive order was signed by President Biden which allowed victims’ families of 9/11 to sue the Taliban.  This could then be claimed from Afghan assets, said Afzal. However, Afzal believes this executive order won’t stand up in court for reasons which the Department of Justice has already mentioned.

“First, sovereign immunity protects the assets of any foreign nations that include Afghanistan. The US hasn’t done this to a lot of other nations that have their money in the United States. The court itself lacks jurisdiction over the Afghanistan central bank because it’s a foreign government. It has that immunity. Second, the US hasn’t recognized the Taliban as the legitimate government of Afghanistan yet. Any ruling over the central bank’s assets that can be used to pay off the Taliban’s judgement debts would amount to basically ruling the Taliban as a legitimate government. The president has not done this yet and the courts lack the constitutional authority to do it on their own.”

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Afghanistan is being dragged into a lawsuit it was never meant to be a part of

There are many who believe Afghanistan is being made to shoulder the blame for the 9/11 attacks. Afzal works with a group called 9/11 Families for Peaceful Tomorrow who believe the frozen assets belong to the Afghan people. According to Afzal, the original lawsuit only involved families wanting to know whether Saudi Arabia played a part in the 9/11 attacks. No mention was made of Afghanistan.

“A lot of them joined [the lawsuit] to see whether Saudi Arabia could be held to account for their role in 9/11. This has spiralled into sort of a situation that doesn’t really speak for all 9/11 victims’ families. They have been very outspoken, talking about who this money rightfully belongs to and the need for this money to be sent back to Afghanistan to shore up their economy and help their people.”

According to Afzal, there are many NGOs and human rights watch who support the return of the Afghan assets. The $3.5 billion that is currently frozen can be released easily as Afghanistan already has a central bank in place. The second half could take a few months or even years before it is returned due to it being tied up in a lawsuit. What is clear is that Afghanistan cannot sustain itself through donations. The return of their assets is vital to helping the country recover.

Judge Netburn’s recommendation will be reviewed by U.S. District Judge George Daniels in Manhattan, who also oversees the litigation and can decide whether to accept her recommendation.

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