The question is here that despite the constitution explicitly, when want to talk about the Human rights we are facing with the sensitive that even we don not deserve to understand? Why we didn't consider criteria for it?
When I get the pen to draw a few points of human rights on paper, I don not know where should be the starting point and about which generation of the human rights should I talk. Because in a society where different kinds of disasters and human rights violations have been done by statesmen, basic and inherent values are not considered by them even, there is no any hope expected for the better future with human rights violators and drug traffickers.
Different perceptions of human rights has led in the countries that stability, peace, democracy and constitutional rule so far have not found their original context, the phenomenon of human rights (human rights) has known to cause a conflict with the values, traditions and even religion. Especially in the countries like Afghanistan in which political power and decision-making are with those whose careers are qualified with riots, human rights abuses and drug traffic. Unlikely this phenomenon would not be a principle, but it seems ridiculous and unrealistic.
Providing human rights, justice and strengthen a peaceful life in Afghanistan must be placed on principles of tolerance and a society based on law and human rights.
We understand the nature of human rights and to know that the so-called human rights after World War II and establishment of the United Nations in 1945 to substitute the term (human rights) and (natural rights) has been dating back more. Human rights are those rights that human or human being has it regardless of circumstances or social variable rate has the personal responsibility.
The principles are also described in constitution of Afghanistan chapter 2, Rights and obligation of the nationals:
Article 22: any discrimination between citizens of Afghanistan and points are prohibited. The citizens of Afghanistan, including upgrades have equal rights and duties to the law. In Article 23, the life is the gift Allah and the natural right of human being. Any person without legal authorization is not deprived of this right. Article 24: has noted that freedom and human dignity are inviolable and it is still one of the important tasks that the governments certainly respect and protect it. The question is here that despite the constitution explicitly, when we want to talk about the Human rights we are facing with the sensitive's backlashes that even we don not deserve it to understand? Why didn't we consider criteria for it?
Human dignity is the most focal value of human rights and especial value is claimed for the human personality. In all religions are seen that, human is valuable inventory, with dignity, so in the Noble Quran in Sura 70 verse As rah says: "Truly, we give dignity to Children of Adam".
Human dignity has the aspects and expressions of alleged social and respect from human beings, it is not transferable and not withdrawn. Philosopher of Enlightenment period Immanuel Kant defined human dignity. He said: "In the realm of extremity, or everything has a price or status. The thing is that price; you can change or put a replacement instead. But in contrast, what the premier that has no price is equivalent to a degree. "Thus, human is the only creature for which there is no equivalent price, because the human has dignity.
All societies currently give importance and values to living and life.. Killing people in any society without a very definite justification is not allowed ... in all communities' rape and adultery is prohibited. All human societies trying to care about truth and honesty they are making the values of cooperation, prosperity, welfare of individual versus collective commitment to justice among individual and among groups to support everyone, concepts like friendship and brotherhood and mutual ownership. So the acceptance of fundamental rights such as freedom from torture, slavery, arbitrary arrest, battery, fair trial and freedom of travel need for a deep understanding and knowledge.
But we always ignore all the above issues or if we faced with those issues in the past and now in the present we passed it away with the silence. Our government which is arisen among the absolute majority of his people, should not lets the riots groups to violate the fundamental rights of citizens and above issues.
As long as government institutions and executive institutions don't acknowledge for the people as they are qualified and capable to come to all crimes against humanity. Any plan or strategy can not be vital to the wounds of people. Finally, any plan and strategy with extraordinary, illegitimate, and war criminals can not be achieved positive result.
Any time and especially in the recent decades any crimes against humanity has been executed on Afghan people; (murder, destroy, to take slaves, forced migration, imprison, torture, sexual crimes, persecution, discrimination) and other inhumane acts has been executed especially during the Dark period of TALIBAN.
During their dark and black era Taliban filled and executed crimes against humanity with the highest level of violence to Afghan People. Especially "Torture", excessive torture, murder, and persecution were imposed on women. While on the basis of paragraph 1 of Article 7 of the international criminal court statute (ICC) torture as a crime against humanity is prohibited and in accordance with customary international law, torture is the following deliberate imposition of severe physical pain or suffering. The victim's mental or by a public authority or a person performing official duties or in satisfaction or success with an official or a person who works in an official position. Someone here mentioned that the public authority and it served to impose over the masses; we sew that all this kind of torture were still flogging the same violence were preformed by authorities.
We are not still having the human rights with the most important word the current situation of human rights is faced with a variety of violence, especially women and children still forced to take compulsory service, rape, persecution, murder and destruction and imprisonment by Taliban. In total crimes still threaten our people. During the last eight years the government was not able to implement the National commitments (constitution) and international obligations (UN Charter). According to the Article 6 of constitution, the government is obliged to support human rights, democracy, equality among all ethnic in all over the country. Article 7 of the constitution stated clearly that government of Afghanistan will follow the UN Charter, International treaties, international conventions and Universal Declaration of the Human Rights that Afghanistan has joined.
Although the Afghan government's commitment obligations simply insert in the constitution will not end, but it is also capable of international obligations and duties as a state in international community. Member states of the United Nations are obliged according to the Article 1 of the UN Charter that the governments are required to achieve affairs like international cooperation in solving international issues, and encourage respect for human rights and fundamental freedoms for all without distinction as to race, sex, language and religion.
Should be noted that UN Charter is a multilateral treaty and it has made human rights international. Governments with the accession to the UN Charter have acknowledged that human rights contained in the Charter are an international topic. Today, no one (States) has doubt about their validity. Any government that signed the Charter can no longer claim that the issue of human rights in a domestic matter under his jurisdiction' and own internal regulations. Any deterioration and lack of implementation of rights contained in the Charter is considered the violation of it.....
Ahmad Rashid Jamal