Tuesday, August 28, 2018

DEMYSTIFYING NATIONAL SECURITY, SOVEREIGNTY AND INTELLIGENCE


DEMYSTIFYING NATIONAL SECURITY, SOVEREIGNTY AND INTELLIGENCE
By
Maj. Gen. V.K. Singh

        The term ‘national security’ is frequently used by the media, security forces and intelligence agencies whenever a so called mole, terrorist or spy is caught. Sometimes, for good measure, they even add the weightier ‘sovereignty’. Sadly, very few people – and that includes the judiciary, the bureaucracy and the political establishment – understands the meaning of these terms. It does not help that their definition and meaning has not been explained in any of our statutes. In 1967, the Lok Sabha was debating amendments to the Official Secrets Act of 1923.  Shri V.C. Shukla, who moved the Bill, did not even comprehend the implication of the cleverly worded amendment, which would make it more draconian than it was under British rule. One member who did was Shri Nambiar, who had been convicted under the Official Secrets Act in 1948. He felt that the new wording of section 3:  ‘which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States’, was very loosely worded. “Who will decide whether a particular disclosure affects the sovereignty and integrity of India”, he asked? The question remains unanswered even today.   Of course, the Bill was passed, and the infamous provision became law.   

Sovereignty
Sovereignty and national security are closely related. Before discussing their meaning and implications, let us consider some of the prevalent definitions of these terms. The current notion of state sovereignty can be traced back to the Treaty of Westphalia of 1648, which codified the basic principles of territorial integrity, border inviolability, and supremacy of the state. In international law, sovereignty implies that a government possesses full control over its own affairs within a territorial or geographical area.  Some of the basic ingredients of sovereignty are territory, the power to make and enforce laws, currency (money) and recognition by other states. Foreign governments recognize the sovereignty of a state by exchanging diplomats and concluding treaties.
Often, a country may have de jure but not de facto sovereignty, or even vice versa. For instance, in theory, both the People's Republic of China (mainland China) and the Republic of China (Taiwan) consider themselves sovereign governments. Initially, some foreign governments recognized the Republic of China as the valid state, while others recognized the People's Republic of China. In some cases sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power. For many years, the Pope in Rome was recognised as sovereign by many Roman Catholic states despite possessing no territory. The situation was resolved only after the Lateran Treaties granted the Holy See sovereignty over the Vatican City.
Sometimes, governments-in-exile are regarded as sovereign despite their territories being under foreign occupation, as happened in the case of  Norway, Netherlands and Czechoslovakia during  World War II. During the same period, Netaji Subhas Chandra Bose established the Arzi Hukumat-e-Azad Hind (Provisional Government of Free India) in Singapore In 1943. To give it legitimacy, it had its own currency, court and civil code. However, it lacked an essential element of sovereignty – territory. The problem was solved when it was given control of the Andaman and Nicobar Islands by Japan in 1943. Though it was recognised by the Axis powers, the Allied powers regarded the Government as a puppet state.
National Security
Unlike sovereignty, whose basis ingredients are generally agreed upon by most people, the concept of national security remains vague and there is wide divergence of views on the exact meaning of the term. The concept developed mostly in the USA after World War II. The earliest definitions emphasised freedom from military threat and political coercion. With time, these were expanded to include a broad range of ingredients which affect the military or economic security of the nation and the values adopted by the national society. In addition to military security, a nation also needs to possess economic security, energy security, environmental security, etc. Threats to national security emanate not only from conventional enemies such as other nations but also from non-state actors such as terrorist organisations, drug cartels and multi-national organisations. According to some authorities, even natural disasters and events causing severe environmental damage can be considered threats to national security.
Walter Lippmann gave one of the early definitions in 1943 in terms of a nation and war:
"A nation has security when it does not have to sacrifice its legitimate ínterests to avoid war, and is able, if challenged, to maintain them by war."
A few years later, a similar definition was given by Harold Lasswell, a political scientist, who wrote:-
"The distinctive meaning of national security means freedom from foreign dictation."
The United States Armed Forces defines national security of the USA in the following manner:-
A collective term encompassing both national defense and foreign relations of the United States. Specifically, the condition provided by: (a) a military or defense advantage over any foreign nation or group of nations; (b) a favorable foreign relations position; or (c) a defense posture capable of successfully resisting hostile or destructive action from within or without, overt or covert.
            In India, the concept of national security has been articulated by several establishments dealing with security issues.  The 1996 definition propagated by the National Defence College includes most of the basic ingredients. Interestingly, factors such as ‘political resilience and maturity’ also find mention in the definition:-
"National security is an appropriate and aggressive blend of political resilience and maturity, human resources, economic structure and capacity, technological competence, industrial base and availability of natural resources and finally the military
The Ministry of Defence Annual Report of 2001-02 defines national security in typical bureaucratese, including clichés such as ‘co-operation’, ‘disarmament’ and ‘Non Aligned   Movement (NAM)’.  According to the report, India’s national security objectives are served by:
     Defending the country’s borders and protecting   the lives   and property of its citizens against   terrorism and insurgencies.
     Maintaining a credible minimum deterrent against the use or the threat of use of weapons of mass destruction against India.
     Securing the country against restrictions on the transfer of material equipment and technologies   that have a bearing on India’s security.  
      Promoting co-operation and understanding with neighbouring countries.
     Working with countries of the Non Aligned Movement (NAM) to   address key challenges before the international community
       Pursuing security and strategic dialogue with major powers and key   partners;
       Following a consistent and principled policy on disarmament and international security issues.                                                                                                                                               
Another nebulous definition was given by the Report of the Group of Ministers on National Security, 2001:-

National security is a function of a country’s external environment and the internal situation, as well as their interplay with each other. The former is influenced by the major features of the prevailing international order, the disposition of its immediate and extended neighbours and the major powers. The internal situation encompasses many aspects of national life, ranging from law and order to economic fundamentals and from the quality of governance to national cohesiveness.

Considering the differences in the definitions given by various authorities, one can hardly blame the common citizen if he unable to comprehend the meaning of national security. This is because most of the important constituents such as military strength, diplomacy, political and economic power are outside the gamut of the understanding of a layman. Perhaps a simple example, which uses elements that everyone understands, can help. Let us consider the example of a man who lives in the wilderness or inherits a piece of land where he sets up a homestead. The first thing he does is to build a fence around his property, to keep out wild animals. If that is not enough, he keeps a dog and also buys a gun. To ensure that others living nearby come to his aid when needed, he makes friends with his neighbours. To feed his family, he grows crops on his farm, or keeps a flock of sheep or goats. If he is skilled with his hands, he becomes a potter, carpenter, or blacksmith. Let us replace the man by a community or a nation. The fence, dog and gun become the armed forces, para military and police which provide physical security from enemies outside and within. The good relations with neighbours are nothing but treaties and agreements with other countries, which is a part of a nation’s foreign policy. The crops, animals and produce that sustain his family are the same as the country’s agricultural production, industrial base and a sound economy. These factors not only provide security but also sovereignty, which means the freedom to take independent decisions and do what one wants without seeking help or approval from others.

Intelligence & Security
One may ask, where does intelligence come in the national security paradigm? Though it does not contribute directly to national security, intelligence is important in that it assists in timely assessment of threats to the nation’s security, both external and internal. Unless we have good intelligence, we cannot protect our borders and our people, except at great cost. Intelligence failures almost always translate into loss of life, as happened in 1962 with China, in 1999 at Kargil and on 26/11 at Mumbai. However, the role of intelligence in national security is minor, compared to that of military strength, foreign relations, industrial capacity and economic well being. Then why are intelligence agencies sometimes referred to as secret agencies? I think it has more to do with the secretive manner in which they function, rather than secrets.
            Take the example of an agency like the NTRO or RAW, which deal with external intelligence. Whatever secrets they have concerns foreign countries, whose disclosure can harm them, not India. Unlike the defence forces, ISRO or the DRDO, they have little that can be of interest to a foreign country. The only reason for keeping such information under wraps is to protect the source. In case such information is made public, accidentally or otherwise, it is only the source which is compromised, with little effect on national security. An example was the tape of the famous Musharraf – Aziz conversation during the Kargil war, which was made public to show Pakistan's complicity. It did result in the drying up of the source of the intercept, but there was certainly no effect on our national security.  
In India, the term ‘security forces’ is used indiscriminately, not only by the media and the general public but also by politicians and bureaucrats. During a recent hearing before the Chief Information Commissioner, an official of the Ministry of Home Affairs stated that the Government takes cognizance of offences only when it is brought to its notice by security agencies like the IB, CBI, etc. I was constrained to point out to the official that none of these agencies were security forces, which includes, apart from the armed forces of the Union, the para military forces and the police. The CBI and police (the latter has a dual role) are investigation agencies, while the IB and RAW are intelligence agencies. A very simple rule is to remember that security forces are always uniformed and armed i.e. they carry weapons openly, while the others do not.  
That the confusion about security and intelligence prevails even at the highest level is apparent from the fact that for several years we had an ex-intelligence man as the National Security Advisor. Officers in the armed forces, foreign service and police spend a life time learning the finer points of external and internal security. It is unrealistic to expect a person who has dealt with intelligence all his life to become an expert on national security overnight. Intelligence officers rarely attend the National Defence College, where selected officers from the armed forces, IAS, IPS, IFS and other central services are trained. Significantly, the NSA in the USA is a four star general from the Marine Corps. Mercifully, the situation has recently been corrected and we now have a skilled professional in Shiv Shankar Menon looking after national security.
Today, most of the ‘security experts’ who write in journals dealing with such issues, speak in seminars or take part in debates on TV are those who have served in intelligence agencies such as RAW or IB. Needless to say, these arm chair specialists have little or no practical experience of the subject, having spent most of their professional careers in intelligence. With the increase in terrorist activities in recent years, anti-terrorist operations are now an integral component of internal security. This has given birth to a new breed of experts in this field, whose number is increasing by the day. Surprisingly, most of them are from the intelligence community, instead of the security forces who actually conduct anti-terrorist operations. The subject of the recent Colonel Pyara Lal Memorial Lecture at the USI was New Face of Terrorism: Analysis of Asymmetric Threat form Land, Sea and Air. The speaker was an ex chief of RAW, while the man who had spent a life time dealing with subject – an ex Army Chief – was in the chair. Should not their roles have been reversed?
Conclusion
National security is too vital an issue to be left to non-professionals. Sadly, the military, which bears the heaviest responsibility in ensuring the security of nations and its citizens, has been left out of the decision making apparatus, which is controlled by politicians and bureaucrats. The absolute lack of understanding of issues concerning sovereignty and national security bode ill for the country. There is an urgent need for country’s citizens and those who represent them in Parliament to give serious thought to this very important subject. One immediate measure that comes to mind is the nomination of few young MPs - especially those who are likely to play an important role in governing the nation in the near future - to undergo the course at the National Defence College, along with senior armed forces officers and bureaucrats.  Apart from giving them grounding in issues concerning national security, the presence of a large number of foreign officers will also enlarge their horizons and give them a glimpse of how other nations deal with this subject.
21 Nov 2010



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