Since the Bonn Agreement of December 2001, the ICTJ has sought to partner with the Afghan Independent Human Rights Commission (AIHRC) and other organizations to ensure that accountability for massive human rights violations in Afghanistan is addressed in a constructive and realistic manner. In particular, the Center has focused on strengthening the voices of Afghans through consultation, and encouraging a strategic approach to achieving accountability in the context of a precarious peace.

In December 2001, the ICTJ submitted an analysis to Lakhdar Brahimi, Special Representative of the Secretary-General for Afghanistan, on international obligations in dealing with the legacy of human rights abuse. In February 2002, ICTJ Chairman Alex Boraine participated in a meeting of experts advising the UN High Commissioner for Human Rights, Mary Robinson, on transitional justice policy options for Afghanistan. Shortly afterwards, ICTJ's Paul Seils conducted a joint mission with Human Rights Watch and developed a detailed proposal for a public consultation to help determine a transitional justice policy for Afghanistan. The AIHRC largely incorporated the proposal into its work plan, and Senior Associate and head of the ICTJ’s Afghanistan program, Marieke Wierda, participated in preparatory trainings for the consultation and survey in February and November 2003.

By October 2004, over 4000 Afghans had completed the survey, and 200 focus group discussions involving another 2000 participants had been conducted. After a careful analysis of the results, in November 2004, Marieke Wierda and ICTJ consultant Howard Varney traveled to Afghanistan to provide assistance and advice on the production of the AIHRC’s consultation report, "A Call for Justice."

The report—drawing on a broad cross-section of perspectives—details the views of more than 6000 ordinary Afghans from 32 provinces in the country and from refugee populations in Iran and Pakistan. The AIHRC gathered both quantitative and qualitative information and quotes from victims. The results of the consultation show that most people in Afghanistan (up to 70 percent) consider themselves direct victims of serious violations of human rights that occurred during the conflict. There is a strong perception among those consulted that crimes have been perpetrated continuously for 23 years and continue today. Respondents displayed a profound lack of trust in the government, public officers, and to some extent, the international community, for having failed to do anything about the abuses. The consultation showed that ordinary people perceive that impunity is entrenched in Afghanistan and that it has served to reward perpetrators with positions of power despite their continued involvement in ongoing violations.

The report suggests that there is an urgent need to break with the past, and makes recommendations for a way forward, including an integrated approach focused on building trust in Afghanistan’s institutions and recognizing victim’s needs and wishes. The recommendations, on which the ICTJ provided advice, specified that a transitional justice policy must be respectful of and draw upon Afghanistan’s Islamic traditions while taking into account current challenges, including security. The consultation showed strong public support for prosecutions and removing war criminals from positions of power. The recommended approach combined the following elements: (1) a political commitment to recognizing the suffering of victims; (2) vetting perpetrators of serious human rights violations; (3) building capacity to conduct criminal investigations; (4) conducting further consultations on truth-seeking and documentation; and (5) reconciliation measures.

In January 2005, the report was presented to President Karzai by the AIHRC and UN High Commissioner for Human Rights Louise Arbour in a public ceremony that garnered worldwide media attention and coverage. President Karzai endorsed the report and committed to implementing its recommendations. In response, he ordered the establishment of a Task Force on Transitional Justice, with representation from the AIHRC, the UN Mission in Afghanistan (UNAMA), and his own advisor on transitional justice. The Task Force drafted an action plan on transitional justice. Officially known as the Action Plan for Peace, Reconciliation and Justice in Afghanistan, the plan was presented to foreign governments at a meeting hosted by the Dutch Ministry of Foreign Affairs that took place in The Hague in June 2005 and was attended by the ICTJ in an advisory capacity. Shortly thereafter, President Karzai presented the plan to the Cabinet.

In mid-December 2005, the Office of the UN High Commissioner for Human Rights held a national conference in Kabul to discuss an approach to truth, justice, and reconciliation. Officials, clerics, and rights activists participated, and the ICTJ was among those presenting at the conference. Center consultant Tom Perriello assisted with the organization of the conference and with building civil society capacity.

In the difficult but important period ahead, the ICTJ will continue partnering with the AIHRC, UNAMA, and civil society with the goal of implementing a transitional justice strategy in Afghanistan.

International Initiatives

The national consultation was conducted by the AIHRC in parallel with several international transitional justice initiatives focused on documenting human rights violations in Afghanistan. The Office of the High Commissioner for Human Rights, for example, commissioned an expert report on the violations that relied on pre-existing documentation. The report writing and review process, which was advised by the ICTJ, took place over the course of 2004. Other documentation initiatives have been carried out by the Afghanistan Justice Project and Human Rights Watch.

In March 2004, the ICTJ organized an important meeting with international and domestic stakeholders working on transitional justice issues. The meeting took place in Berlin, Germany, and proved seminal in assisting with the coordination of strategies and the timing of the various initiatives to ensure maximum impact. The Center also participated in a May 2005 meeting hosted by the United Kingdom Foreign and Commonwealth Office at Wilton Park, and provided advice to a transitional justice working group. In October 2005, the ICTJ also coordinated an advocacy effort involving several influential human rights organizations to urge President Karzai and the Cabinet to adopt the Action Plan.

Vetting Advice to UNAMA

In May 2005, the Center conducted a specialist mission to advise UNAMA on vetting isues. A proposal for an Advisory Board on Appointments was formulated on the basis of findings from the mission. The proposal is likely to be refined and used to advise President Karzai on political appointments.

Background

The fall of the Taliban regime and the establishment of a transitional government in late 2001 made it possible to begin addressing Afghanistan's brutal history of conflict and human rights abuse. The country is emerging from more than 20 years of conflict, beginning with the Saur Revolution that followed the coup of 1978, continuing through the conflicts waged among mujahideen factions following the Soviet withdrawal, and culminating in the repressive rule of the Taliban. Even now, the security of ordinary Afghans continues to be threatened, due to the ongoing war on terror, the central government’s limited reach and slow reform of the security sector, and continued control of certain areas of the country by warlords and narco-traffickers.

Following the overthrow of the Taliban by the US military in late 2001, a political framework was negotiated in Bonn, Germany that encompassed Northern Alliance factions, supporters of the former King, and technocrats, under the leadership of Hamid Karzai. The emphasis of the political process—supported by UNAMA—has been on political inclusiveness. Rapid progress followed the signing of the Bonn Agreement. An emergency Loya Jirga in June 2002 established a Transitional Administration, and a Constitutional Loya Jirga in 2004 ratified a new constitution drafted through a consultative process. In remarkably peaceful elections held in October 2004, Hamid Karzai was elected President. Parliamentary elections were held in October 2005, but voter turnout was much lower than had hoped.

Regrettably, attempts to integrate accountability mechanisms into the political process have met with little success. The Bonn Agreement affirms accountability as a key principle, but contains no enforcement mechanisms. An amnesty clause tabled by the Northern Alliance at Bonn was successfully avoided, but an accountability clause proposed by the UN and aimed at excluding alleged perpetrators from public office, had to be deleted as a compromise. Since Bonn, efforts to exclude alleged perpetrators from holding public office based on their human rights records have suffered several setbacks, and many continue to occupy public posts, including in the Parliament. The political process and transitional justice efforts have proceeded largely on separate tracks since the negotiated agreement, despite vigorous efforts by the Afghan Independent Human Rights Commission (AIHRC) to bring them together.

(Updated Feb 06)