A "weak" PM may suddenly have become "strong" with his speech in Parliament, but has he painted himself into a corner by publicly spelling out a rigid stance on the deal? Will Bush be able to swing the US Congress along? Hear it from the experts in Washington.
WASHINGTON
Prime Minister Manmohan Singh's recent statement on the US-India civil
nuclear deal may have done much to allay the concerns of the political left and
right in India, but is unlikely to make an impact on congressional attitudes in
Washington. Instead, analysts say, Singh's comments have put the onus firmly
on President George W. Bush to hold up his end of the bargain and ensure that
the U.S. Congress adheres to the core principles of the July 18, 2005,
agreement.
In a detailed presentation in New Delhi on August 17, Singh assured members
of Parliament that India would not agree to any changes in the landmark deal.
The U.S. House of Representatives had overwhelmingly approved the deal last
month but had also added clauses that would require annual reporting on the use
of nuclear technology and fuel for peaceful purposes.
Robert Einhorn, a former assistant secretary for nonproliferation at the
State Department and currently at the Center for Strategic and International
Studies in Washington, admits Singh's comments "might energize the U.S.
administration to work harder to roll back elements of the House and Senate
bills that Indians find objectionable." But, he says, a number of members of
the U.S. Congress will find both the tone and content of the remarks "a bit
worrisome - and an indication that the Bush administration's hopes for close
partnership between India and the U.S. in the future may be overstated."
Others, like Anupam Srivastava, director of the Asia programme at the
University of Georgia, contend that while Singh's statements will "definitely
be a matter of serious debate" in the U.S. Congress, both the Congress and the
Bush administration realise that these comments were primarily intended to
silence the growing domestic criticism in India.
In his comments, Singh had emphasized - as he did once again today in the Lok
Sabha - that his government won't accept anything that deviates from the July
18 agreement. The ball is now in the Bush administration's court, says Sumit
Ganguly, Rabindranath Tagore professor of Indian cultures and civilizations at
Indiana University. "It is now up to the dexterity of [Undersecretary of
State] R. Nicholas Burns and [Secretary of State] Condoleezza Rice to ensure
swift passage of the bill without non-germane riders," he says.
Stephen Cohen of the Brookings Institution in Washington says the Bush
administration will have to work with Congress to "ensure that the final
outcome does not exceed the range of understanding that the Bush administration
reached with the government of India."
In a lengthy defence of the nuclear deal, Singh assured parliamentarians
India's strategic programme is "outside the purview of the agreement."
The Bush administration, determined to mark up a foreign policy success, has
its work cut out. Einhorn says since most members of Congress do not believe the
current House and Senate bills are inconsistent with the July 2005 agreement,
they are unlikely to be sympathetic to changing elements of the bills in
significant ways.
Like Einhorn, Michael Krepon at the Henry L. Stimson Center has reservations
about the agreement. He believes the U.S. Congress and the Bush administration
have been "extraordinarily generous" to India. But, he adds, "I suspect
that even the Bush administration and the Congress will not support India's
demand for access to reprocessing capabilities and changes in U.S. public law to
lift penalties in the event India resumes nuclear testing."
Noting that the language of the House and Senate committee reports as well as
the testimony of the Bush administration are clear on these points, Krepon says
he's hard-pressed to identify a single member of the Nuclear Suppliers Group
that would support these demands. "If New Delhi is serious about conditioning
the deal to these demands, it is in serious jeopardy."
"It looks like the Prime Minister has upped the ante by demanding the
lifting of all restraints on nuclear commerce, including reprocessing, as well
as by demanding a free pass on the resumption of nuclear testing," says Krepon.
On the question of nuclear testing, Singh asserted there is no question of
India being bound by a law passed by a foreign legislature. Krepon says both
Houses of Congress will include language reaffirming existing U.S. public law
that calls for penalties in the event of a nuclear test by India. "The Prime
Minister's insistence that 'there is no question of India being bound by a law
passed by a foreign legislature' is true, but is also besides the point, since
members of Congress have the power to establish laws governing U.S. nuclear
commerce to foreign nations," he says.
India has made a unilateral undertaking not to test another nuclear weapon.
Teresita Schaffer at the Centre for Strategic and International Studies says
India's decision presumably means that in the best judgment of the Indian
government, its strategic programme does not require a test. She believes Singh's
statements will not cost India the nuclear deal, "but it must be clear to the
government of India that if in the future it decides, unilaterally, to revoke
that undertaking not to test, this will be a major change in the deal the U.S.
signed on to and would at that point probably be a deal-breaker for the U.S."
Singh spoke very carefully, being very precise about what he understood the
U.S. and Indian commitments to be, says Schaffer. "In general, the U.S. and
India are trying to make very different points to their respective parliaments
and publics. As a result, every time that one government or the other spells
things out in detail, it causes problems in the other capital," she says.
On the question of International Atomic Energy Agency safeguards, Singh told
Parliament that, "we will accept only IAEA safeguards on the nuclear
facilities, in a phased manner... only when all nuclear restrictions on India
have been lifted."
Ganguly says this is a realistic condition. "Until these restrictions are
lifted how can India accept safeguards?" he asks. "That is putting the cart
before the horse. The sequencing is very important. One does not accept
restrictions before one is given deliverables."
The legislation approved by the House of Representatives requires the
president to make a determination that India has concluded an acceptable
safeguards agreement with the IAEA. The waivers required to permit nuclear
cooperation with India cannot be issued before the safeguards agreement is
concluded. "But the entry into force of that safeguards agreement, and the
actual application of safeguards to additional Indian nuclear facilities, could
take place at a later date, after those waivers are issued. I don't think
sequencing should be a problem," Einhorn says.
On the Senate bill's provision calling for an annual presidential
certification that India is in full compliance with its non-proliferation and
other commitments, Singh said India opposes this provision because it would have
the effect "to diminish a permanent waiver authority into an annual one."
Because this language "would introduce an element of uncertainty regarding
future cooperation," the Prime Minister stated that this provision, if
maintained in the final bill, would not be acceptable.
The Senate is expected to vote on the bill when Congress returns from its
recess in September. If passed, the Senate and House versions of the bill will
then be put together in conference.
While Singh made clear India would not accept the introduction of "extraneous
issues" on foreign policy, Krepon says he will be very surprised if the
provision that India support U.S. policy on Iran is removed from the final bill.
California Democratic Congressman Tom Lantos, a key architect of the House bill,
is determined to ensure India's support for tough U.S. action against Iran's
nuclear programme.
Critics as well as supporters of the agreement, that seeks to overturn three
decades of U.S. policy and provide nuclear technology and fuel to India, agree
that Singh has dealt adroitly with opposition to the deal. "He has overcome a
number of hurdles - clearly the left feels that it would rather have the deal
than have a BJP government in power," Cohen says.
But has the Prime Minister painted himself into a corner by publicly spelling
out a rigid stance on the deal?
Srivastava says had Singh not spoken out, he faced the danger that all
support for the deal in India might evaporate and affect its implementation no
matter what version was approved by the U.S. Congress. He sees in the August 17
statement a clear signal from Singh to the Bush administration that India "cannot
change the scope and sequence of the basic agreement, but can support important
U.S. goals and policies outside the framework of this agreement."
Eventually, Singh made clear he won't accept anything outside the framework
of the July 18 agreement. "That is a standard I think the eventual legislation
will be able to meet," says Schaffer. Ultimately, she adds, both the U.S. and
India will have to live with some level of ambiguity.