“Afghanistan is taking important steps towards building a stable, lawful and democratic state. At the same time, it is facing with the legacy of egregious human rights violations committed in the context of more than two decades of armed conflict and which has cast a dark shadow over the peaceful and just coexistence of the people” (The Action Plan on Peace, Reconciliation and Justice in Afghanistan 2005)
Since the Bonn Agreement was signed on 5 December 2002, Afghanistan has made significant progress towards becoming a democratic state with accountable institutions. The Interim Authority was established in Kabul on 22 December 2002, followed by the establishment of key commissions including the civil service commission, the Afghan Independent Human Rights Commission and the judicial commission. The Emergency Loya Jirga (grand council) in June 2002 accomplished the task of electing the Head of State and approving the structures and appointment of the Transitional Authority. The process of disarmament, demobilisation and reintegration began in October 2003. The Constitutional Loya Jirga began on 14 December 2003, and the new Constitution of the Islamic Republic of Afghanistan was adopted on 4 January 2004, guaranteeing equal rights to all its citizens. Following massive voter registration, successful presidential and parliamentary elections were held in October 2004 and September 2005 respectively, peacefully and with enthusiastic voter turnout. However, daunting challenges remain and to this end the Government of Afghanistan and the international community reaffirmed their commitment to the long-term viability of the country by agreeing to the Afganistan Compact, launched at the London Conference in January 2006.
“Peace without justice will not be sustainable in Afghanistan,” (Dr. Sima Simar, Chairperson of AIHRC)
Norway believes that justice, peace and democracy are not mutually exclusive objectives, but rather mutually reinforcing imperatives. Hence, peace and justice go hand in hand. To build sustainable peace and stability, deal with past abuses, reconcile victims, perpetrators and other stakeholders, and to move from a divided past into a shared future is a difficult task in almost any post-conflict situation where institutions tend to be weak, there are few resources, unstable security and a war-affected population.
In order to transition into a peaceful life and to strengthen national reconciliation in Afghanistan, the past should be dealt with in a bold and just way that avoids revenge. We should explore ways to build co-existence amongst the citizens of this country based on the principles of tolerance, forgiveness and the requirements of a social order premised on law and order.
The Government of Afghanistan took the first important step towards facing this task when it established, in accordance with the provisions of the Constitution, the Afghan Independent Human Rights Commission (AIHRC) in June 2002. Based on the decree of the President of the Islamic Republic of Afghanistan, the AIHRC is mandated to “undertake national consultations and propose a national strategy for transitional justice and for addressing the abuses of the past”. The AIHRC’s report “A Call for Justice”, based on consultations with more than 6000 Afghans, was accepted by President Karzai in January 2005. The President thereupon requested his advisors to consider the findings and recommendations in “A Call for Justice” report and develop an action plan to implement a national strategy for peace, reconciliation and justice in collaboration with AIHRC and the United Nations Assistance Mission in Afghanistan (UNAMA). The Action Plan was finally launched in December 2006 and lays out a comprehensive approach, including measures to publicly acknowledge and commemorate the plight of victims; measures for institutional reform and the vetting of human rights abusers from positions of power; exploring options for truth-seeking and reconciliation; and to strengthen a national capacity for criminal justice while reaffirming a commitment that no amnesty will be granted for gross violations of human rights.
Norway believes the action plan represents an appropriate procedure to strengthen peace and stability in Afghanistan. We therefore underline the importance of full implementation of the Action Plan on Peace Reconciliation and Justice, in accordance with the Afghanistan Compact and the expectations of the Afghan people.
Furthermore, Norway is concerned when it comes to protection of civilians and the conditions for delivery of humanitarian and development assistance. Close cooperation between the Afghan authorities, UNAMA and ISAF is required. International forces must continue to do their utmost to avoid civilian casualties. All international efforts must be organised in a way that strengthens the Afghan Government and Afghan popular support for the international presence.
Norwegian support:
Norway has provided substantial financial support to the process of democratisation in Afghanistan, including to the Constitutional Loya Jirga, voter registration, elections and disarmament, demobilisation and reintegration. Norway has provided annual support to AIHRC since 2003 and this will continue in 2007 with approximately USD 500.000. The work of the Commission in the field of monitoring and investigation, transitional justice, human rights education, women rights, child rights and disabled people’s rights is extremely important. Norway is also preparing to sign an agreement with Global Rights together with Denmark and Switzerland (SDC), supporting legal capacity-building (young lawyer students training and fellowships).
Other relevante documents:
Norwegian Embassy