Transitional Justice
Emerging from over two decades of violent conflict, Afghanistan bears a legacy of human rights abuse that cuts across all political, ethnic and religious lines. This raises issues related to the credibility of both the new political leadership and holders of office within public institutions.
The Afghan Independent Human Rights Commission (AIHRC), created in 2002, was mandated to develop a mechanism and a national strategy for transitional justice, including mapping of past abuses and deciding how to deal with these. A consultation carried out by the AIHRC in 2004 revealed that as many as 70% of those consulted considered themselves victims of gross human rights violations, and that many have lost confidence in the government and its office-bearers. While the report showed strong public support for prosecutions and removing war criminals from positions of power, both the Afghan leadership and the UN have been reluctant to push a transitional justice process, as this could upset the fragile peace process. Following the presentation of the findings from the AIHRC's national consultation, President Hamid Karzai established a Task Force on Transitional Justice, with representation from the AIHRC, the UN Mission in Afghanistan and the president's own adviser on transitional justice. The Task Force has drafted the Action Plan for Peace, Reconciliation and Justice in Afghanistan, which was adopted by the Cabinet in December 2005.
