Showing posts with label Transitional Justice. Show all posts
Showing posts with label Transitional Justice. Show all posts

Wednesday, July 11, 2012

Unlearned Lessons From Afghanistan’s Decade of Assistance


Snapshots of an Intervention
The Unlearned Lessons of Afghanistan’s Decade of Assistance (2001–11)
Afghanistan Analysts Network, July 2012

The decade of state-building, reconstruction and development assistance in Afghanistan has left many people confused. There have been undeniable changes: Afghanistan now has an election-based, market-driven political system and many socio-economic indicators are far better than they used to be under Taleban rule or during the civil war (although that is, admittedly, not a very high bar). There have been great, albeit unequal, opportunities in terms of education, employment and enrichment. But there is also a strong sense of missed and mismanaged opportunities, which many – Afghans and internationals alike – find difficult to understand: how could so many resources have achieved what feels like so little and so fleeting?

This edited volume explores the question by taking a closer look at a variety of key programmes and projects that were designed and implemented over the last decade, or more. It consists of a collection of 25 articles by analysts and practitioners with long histories in the country, who were closely involved in the programmes they describe. The contributions present a rare and detailed insight into the complexity of the intervention in Afghanistan – including the often complicated relations between donors and representatives of the Afghan government (with projects tending to be nominally Afghan-led, but clearly donor-driven), the difficulties in achieving greater coherence and leverage and, in many cases, the widely shared failure to learn the necessary lessons and to adapt to realities as they were encountered.

The experiences that the authors describe will probably sound all too familiar to anyone who has worked in post-conflict, aid-heavy contexts: the popularity of ‘trophy projects’ (Wiles), the proliferation of ‘encyclopaedic wish lists’ as a result of cumulative planning sessions (Leslie), the diplomatic wrangling to be given a seat at the table (Wilkens), the empty government buildings due to faulty planning (Horne), the frustration of trying to secure government buy-in for measures that threaten to disturb the political and economic status quo (Barr). They will also recognise the tendency for political expediency to trump long-term institution-building and accountability (Ruttig, Olexiuk, Kouvo) and the dubious role that post-conflict elections play in a country’s democratisation (Smith, Slavu).

The overarching lesson of the volume is probably that the key tools of the international assistance intervention – the protracted policy processes and coordination mechanisms, the large and inflexible assistance budgets, the focus on capacity building through mentoring and technical assistance – have proved to be very blunt indeed. There were successes to be found in the cracks, but mainly where a coherence of vision, realism and a fair amount of political will on the Afghan side ensured that good use was made of the resources provided.

The release of this book ahead of the Tokyo conference in July 2012 serves as a reminder of the recurring gaps between ambitious plans and conference statements on one hand and the subsequent realities of aid programming and implementation on the other. It is hoped this volume will help fortify the institutional memory of the donor community in Afghanistan, preventing future lapses and helping enable a greater capacity to learn world-wide. The lessons that have not been learned have relevance far beyond Afghanistan.
- Martine van Bijlert

Friday, June 8, 2012

Pathways to Peace | Peacebuild & CARE Canada



“There have been limited attempts to demobilize rank-and file opposition fighters and to initiate a national dialogue through a national Peace Jirga and High Peace Council. While these efforts might lead to a Government-Taliban pact for power-sharing, they are unlikely to stop the fighting and even less likely to lead to a positive peace, as conceptualized by Johan Galtung.

A positive peace would restore relationships, meet the needs of the whole population, provide ways to manage conflicts constructively, and hence be widely regarded by Afghans as legitimate, fair, and worthy of support.”

Pathways to Peace: New Directions for an Inclusive Peace in Afghanistan

Executive summary

The planned withdrawal of the majority of international military forces from Afghanistan, coupled with a recognition that force alone will not lead to success in the destabilized region, demands a serious consideration of a negotiated end to the current war.

To date, negotiations have been limited to closed door ‘talks about talks’ between high-level leaders in the Afghan government and armed opposition groups, as well as among regional governments, armed opposition groups and members of the United Nations mandated, NATO-led International Security Assistance Force (ISAF).

There have been limited attempts to demobilize rank-and file opposition fighters and to initiate a national dialogue through a national Peace Jirga and High Peace Council. While these efforts might lead to a Government-Taliban pact for power-sharing, they are unlikely to stop the fighting and even less likely to lead to a positive peace, as conceptualized by Johan Galtung.

A positive peace would restore relationships, meet the needs of the whole population, provide ways to manage conflicts constructively, and hence be widely regarded by Afghans as legitimate, fair, and worthy of support.

A lasting, positive peace can only be achieved through a comprehensive peace process that addresses the major causes of three decades of war and includes all major stakeholders.

Any peace process will be neither comprehensive nor lasting without the full implementation of United Nations Security Council Resolutions (UNSCR) 1325 and 1889 or without the full inclusion of women. Women play a transformational role in peacebuilding and have a particularly high stake in a more just, open, and tolerant society; a society that allows for their participation in politics and the workforce, and respects the expansion of their rights along with the human rights of all residents. A legitimate peace process should be guided by the core values of accountability, transparency, inclusivity, and transitional justice, along with trust building, nation building, and the rejection of impunity.

Positive peace requires a transformation of society, a process that takes generations. However, the peace process provides a window of opportunity to sow the seeds for achieving this change.

A move in this direction would require:

• links between grassroots and national processes through elected representatives, a structured consultation process, and/or the effective mediation of civil society organizations;

• participation of men and women from all sectors of society in local and national dialogues; and

• peace education and trust-building to prepare people for participation in the comprehensive peace process, and to transform a culture and mentality of war into an appreciation for human rights, participatory governance, and non-violent conflict resolution.

Click here for the full report.

Thursday, May 24, 2012

The Other Guantanamo: Afghanistan begins Internment


In March, the United States and Afghanistan completed negotiations to begin turning over control of Afghan prisoners to the government of Afghanistan. On Monday, Afghan institutions could start ruling on the internment of its own citizens. The image above is from a Taliban prisoner release in 2010.

The fact that the government appears to be embracing the United States policy of detaining people without trial is a cruel legacy.
“The use of the US system of detention without trial by the Afghan government is probably the most important consequence of the handover of Bagram. Yet it has been introduced with virtually no discussion, whether in parliament or the media. The Afghan government has appeared reluctant to discuss the issue: even as the new Afghan institutions were being established to detain Afghans without trial at Bagram, President Karzai’s spokesman told AAN they were against the practice. Kate Clark details what is now happening at Bagram, reveals unpublished documentation and questions whether the Afghan state has actually gained sovereignty over its detained citizens and whether the US has really relinquished any control.”

“The US was concerned about the possible release of some of those it deems the most dangerous people in custody, particularly as the 3000 odd people currently held by the US without trial might be considered illegally incarcerated under Afghan law. Hence the Afghan and US negotiators took recourse to the Laws of Armed Conflict. Both the Bagram MoU and the MoU on Special Operations, which was signed a month later (text and analysis are here), cite the 1977 Second Additional Protocol to the Geneva Conventions (APII) as the legal basis for detention without trial. APII acknowledges that when a state is fighting a war, it may deprive its citizens of ‘their liberty for reasons related to the armed conflict.’”

“If the Board recommends release, the case file is passed back to the Committee. However, the decision to release any detainee is made by the Bagram Transfer Commission, which is comprised of five ministers, under the chairmanship of the minister of defence. But even they cannot act independently. They must consult the US before releasing anyone, including those being sent for trial. The Bagram MoU says that if the US believes a particular individual remains a security threat, ‘Afghanistan is to consider favourably such assessment.’ This may be diplomatic language for a veto.”
Click here to read the full article.

Tags: bagram,


Monday, April 30, 2012

Afghan Youth Protest Against Warlords



Afghans have lived with the violence of failed ‘peace processes’ for decades.

This inspiring clip shows people seeking accountability - in visible ways - from the cycles of violence. Beginning with foreign financial support to groups that fought the Soviets to the same groups fighting themselves and then fighting the Taliban.

As partners in the US attack after 9/11 they again became allies, given amnesty, and allowed into the government. Here is an excerpt from an earlier article.

Afghan Youth Target Former Warlords Ahead Of Contentious Holiday

“A new Afghan youth group is making waves in Kabul with an unprecedented campaign against the country's former warlords.

Members of the Afghan Freedom-Loving Youth Group swept through the streets of Kabul this week, putting up hundreds of posters and spraying graffiti messages critical of the strongmen, many of whom still wield significant influence on the country's political affairs.

While Afghan security forces swiftly removed the derogatory placards and signs, the campaign adds fuel to rising public scrutiny of regional despots who once waged war against the ruling Taliban as leaders of the mujahedin.
Years later, they are viewed as enemies by some and even as war criminals by Human Rights Watch and Afghanistan's own Independent Human Rights Commission. But to their supporters, they have risen to hero status, with some carving out legitimate -- and often high-ranking -- roles within the government.”

To read the article click here.

Additional Resources: Transitional Justice, AREU, 30-Years of Conflict.

Wednesday, March 28, 2012

Unheard Voices: Afghan Views on the Peace Process


An interesting report/survey on Afghan opinions. More than simply a challenge to the Afghan Peace and Reintegration Programme(APRP), it is in fact, a good measure of what Afghans see as the path forward. There is consensus, that all Afghans need to be at the heart of a peace process, and that process must include concepts of transitional justice. The evidence is captured in the key point summary below.
“Many people see the obstacles to the peace process as external to the country, whereas solutions are more readily identified as internal. Locally, specific conditions in localities such as Marjah and Qadis, in Helmand and Badghis, showed distinct perspectives on questions related to Taliban demands and government strength respectively.”

Unheard Voices – Afghan Views on the Challenges of the Peace Process

"Ordinary Afghans are tired of the fighting and overwhelmingly want peace – but not if it means a loss of hard-won rights, according to a major new survey of nearly 5,000 Afghans.

The survey, outlined in a report released today called Unheard Voices – Afghan Views on the Challenges of the Peace Process, was conducted in 16 provinces, including war-torn Helmand and Kandahar, by the Kabul-based Peace Training and Research Organisation (PTRO.

The future is looking increasingly uncertain with the Taliban’s suspension of negotiations with the US and plans for Afghans to take on the lead combat role next year, yet the survey shows there is widespread support for the national peace process (with an overwhelming 90 per cent hopeful that it could be successful).

The support is not, however, unconditional and the survey shows much more needs to be done by the government and international community to convince the Afghan people it will ultimately lead to a lasting peace.

In fact, 40 per cent fear it could result in a loss of rights instead; and this fear is particularly acute for women in insecure provinces. In Marjah district, Helmand province, 90 per cent of women had concerns over a potential loss of rights. Values seen as under threat included women’s equality, freedom of expression and democracy.

Managing Director of PTRO Mirwais Wardak says: “Afghans are united in their desire to see a just end to the conflict that they have suffered through for three decades. In many cases, they are willing to make compromises to achieve it, including offering amnesty to former insurgents and negotiated changes to the constitution - so long as this does not result in a loss of rights.

“But whilst they are hopeful for the future, many feel excluded from the process. This must change. Ordinary Afghans must be at the heart of the process. This is our country – if we are not all part of it, there is no future for peace. Our voices must be heard.”








Key findings
"In spite of the very real obstacles to peace, Afghans are exceptionally hopeful for a future without conflict. This is a view shared irrespective of ethnicity, location, security situation and gender.

A clear majority of respondents (84%) supported the government’s preconditions for the Taliban – that they stop fighting, sever ties with Al Qaeda, and support the constitution. A significant majority (59%) supported the Taliban demand for the withdrawal of foreign forces.

Despite this overall support for the process, divisions were evident over exactly how peace should be achieved, and differences in the approach and detail of the APRP were apparent between ethnicities, genders, and geographic locations. Simply put, the majority of respondents wanted peace, but were divided on how to go about it, and significant differences remain in attitudes towards the prescribed APRP structures.

Many people see the obstacles to the peace process as external to the country, whereas solutions are more readily identified as internal. Locally, specific conditions in localities such as Marjah and Qadis, in Helmand and Badghis, showed distinct perspectives on questions related to Taliban demands and government strength respectively.

While respondents are overwhelming supportive of a political settlement, 40% of all respondents fear that it will result in a loss of rights. These fears were more acute for women, and while overall they were only marginally more fearful, in some insecure provinces (Helmand, Jawzjan, Kunduz, Nagarhar and Paktia) the proportion of women with this fear was approaching double the proportion of men. The most extreme case was in Marjah district, where 90% of women feared a loss of rights.

61% of respondents doubted that the Taliban leadership was interested in reconciliation. However, a similar percentage, 64%, of respondents recognised that armed opposition groups in their area would be interested in reconciling.

Many respondents questioned the credibility of the reintegration programme. More than 50% of all respondents see reintegration events as mostly benefiting criminals. This result also varied by province, with respondents in Herat more likely to associate reintegrees with Mullah Omar Taliban (50%), and those in Helmand and Laghman more likely to identify them as criminals (75%).

The major obstacles to the process were consistently identified, and two thirds of all respondents identified either Pakistan or Iran as the biggest spoilers. These results differed slightly between ethnicities and regions: Hazara respondents more readily identify the Taliban as spoilers, in the east of the country more accuse Pakistan, and in the west, Iran.

The suspicion of “foreigners” also includes the International forces, but although they are seem as a significant obstacle to the peace process, they are at the same time recognised as playing a crucial stabilising role.

Improvements in the government were seen as critical to the success of the process, with 27% stating that it would be a prerequisite for the reintegration of armed groups. Furthermore, a significant proportion of respondents (20% altogether) identified the lack of credibility of both the government and the process itself as major problems.

Communication of every element of the APRP appeared to be lacking, demonstrated by the absence of a clear understanding of the process, particularly in isolated communities. This allows hearsay and rumour to take a much more prominent role, and threatens the credibility of the programme and the institutions involved.

The majority of respondents reported that solutions to the myriad problems associated with the APRP should involve the extensive engagement of local trusted social actors. Religious leaders were most often cited as a credible group to be responsible for leading the peace process. While many respondents believed that the high peace council was the correct body to lead the process they also had strong reservations about the membership structure."


Link to full report here.

Tags: Transitional Justice, Reconciliation

Tuesday, February 21, 2012

The Forgotten Victims | Institute for War and Peace Reporting



“The Forgotten Victims”, a new documentary produced by IWPR, sheds light on the war crimes and other human rights abuses committed in Afghanistan over two decades of serial conflict. The film raises difficult issues about accountability in a country where the victims of crimes against humanity are sidelined, while the perpetrators walk free and in some cases continue to hold political power.

“The Forgotten Victims” covers the period from just before the 1979 Soviet invasion and the ensuing war with the mujahedin, through the brutal civil war of the early 1990s, to the Taleban’s rule from 1996 to 2001.

Because of this wide historical sweep, the film focuses on selected incidents, such as a massacre of civilians in Yakawlang, central Afghanistan, committed by Taleban forces at the beginning of 2001.

At public screenings around Afghanistan, audiences praised the filmmakers for telling the victims’ stories and opening up a debate on justice and accountability.

“Making a film like this in the current climate requires a lot of courage. It’s a great step towards seeking justice,” Mohammad Nader Atash, a defence lawyer in Nangarhar.”

While this film may focus on pre-2001 IWPR has done a tremendous amount of documentation about the war that began with the US attack and occupation.

Here is a previous story on the film.

Friday, February 3, 2012

The Forgotten Victims |A Film by Firouz Rahimi



- Click image for link -

Activists in Afghanistan are using film to open conversations with young people about the countries recent history and concepts of transitional justice and accountability.

“ My aim is to start out a dialogue regarding the implementation and transition of human rights issues in this political climate. So that the audiences will want to discuss it openly and not shove it under the carpet. Many HR institutions have said repeatedly that the war crimes committed in this country are extremely widespread. In the last 30 years - especially up until 2001 – many people lost their lives or were disabled as a result of various wars, they have to live with it every day.”

- Firouz Rahimi, Filmmaker

Additional Resources:

The Afghan Experience With War

Healing the Legacy of Conflict in Afghanistan

Afghanistan Experience With Conflict 1978 – 2009

Thursday, January 19, 2012

Reconciliation, Justice and Mobilization of War Victims

Sari Kouvo and Dallas Mazoori have an accounting of steps being taken in Afghanistan to embrace the concepts of transitional justice. The article was published in the November issue of the International Journal of Transitional Justice.
"Victims are the first people who want peace but peace should come with justice. We do not want revenge or to wash blood with blood but at least these criminals should come and publicly apologize to the people of Afghanistan.

– Man whose brother was arbitrarily detained, tortured and murdered by the Taliban, speaking at the Victims’ Jirga for Justice, Kabul, 9 May 2010"



Mural Image: The Women See Through a Different Lens
Janet Braun-Reinitz, Brooklyn, NY
Part of Windows and Mirrors



"I lost two of my children during the civil war. They imprisoned my husband, a medical doctor, for 10 months under the Taliban and he lost his mind under their torture. Under the present government, a judge who had been bribed deprived me of the ruins I had converted to a house, and gave it to somebody who had arrived from Canada.

– Woman who stated she had been a victim of all periods of the conflict, speaking at the Victims’ Jirga for Justice, Kabul, 9 May 2010"

“This article traces the early stages of civil society mobilization for transitional justice and recent efforts to establish a network of war victims in Afghanistan. Specifically, it focuses on the development of the Transitional Justice Coordination Group and its victim-centered activities, such as organizing a Victims’ Jirga for Justice in 2010 and a National Victims’ Conference in 2011. It also situates these developments in the context of the broader transitional justice and reconciliation processes occurring in Afghanistan.”

“Afghanistan has faced over three decades of conflict, beginning with a Communist coup in 1978, followed by a decade of Soviet occupation, a civil war, the emergence of the Taliban regime and, after the US-led international military intervention, ethnic and political tensions within the internationally supported government led by President Hamid Karzai and now a military conflict between a resurgent Taliban and the Afghan government and international forces. The civilian population has suffered during all phases of the conflict. Which region, ethnicity or segment of society has been most targeted has depended on who was in power at different times, but illegal detention, torture, disappearances, killings and indiscriminate bombings have been an Afghan reality for decades.

The UN-sponsored power-sharing conference organized after the US-led military intervention gave little attention to justice and accountability. However, the resulting Bonn Agreement did call for the establishment of the AIHRC, which has become one of the staunchest promoters of transitional justice in Afghanistan. National consultations undertaken by the AIHRC, the findings of which were released in 2005, show that the overwhelming majority of Afghans or their families are victims of human rights violations or war crimes and that they expect perpetrators to be prosecuted or removed from power. Moreover, Afghans are clear that, for them, reconciliation and justice are interconnected. They are equally clear that justice is integral to peace, with 76 percent of respondents believing that bringing war criminals to justice would increase stability and bring security. Only 10 percent felt that stability and security would decrease as a result.”


The strength and independence of the Afghanistan Independent Human Right Commission (AIHRC) has been challenged since all of its directors were not offered contract extensions at the end of December.

Additional posts on transitional justice are here. For a detailed accounting of the Afghan experience with war, go here.

Monday, January 9, 2012

Community Voices for Justice, Peace and Reconciliation



This newest report in the on-going series by the Afghanistan Research and Evaluation Unit focuses on the provinces of Ghazni, Bamiyan and Kabul. It explores the failure of the Afghan government and its international partners to implement a comprehensive program to provide justice or compensation for past and present war crimes. Its strength comes from a reliance on Afghan testimonies.

Accountability starts at the top, not just with Afghan actors, but with the immunity that has been a feature of foreign interventions in Afghanistan for the last 30 years.

Healing the Legacies of Conflict in Afghanistan
Emily Winterbotham | AREU | January 2012
“Ten years after the overthrow of the Taliban, Afghanistan is an environment of escalating conflict and prevailing impunity. In this context, the narrative of the Afghan government and its international partners has increasingly focused on ending the violence through negotiating with insurgent leaders and reintegrating their fighters into Afghan society. In their attempt to secure peace, policymakers have largely failed to include justice as a component of reconciliation and reintegration processes. This has continued the predominant approach since 2001 (and before) with the need for immediate stability outweighing the need for wartime accountability. The fact that the Afghan government and its international partners have failed to implement a comprehensive program to provide justice or compensation for past and present wartime crimes has inhibited people’s ability to deal with the legacies of conflict. Subsequently, the majority of people participating in AREU’s research said they were struggling to cope emotionally, psychologically and practically, and the desire for some form of “closure” remains strong.”

The author explores in details some of the options available to afghans. Including different models to address conflict that include a retribution model, a restorative model, a reparative model and finally, a forgive and forget model. She also explores the peace and reconciliation options from community-level to national level.

Different Models to Address Afghanistan’s Past and Present Conflicts
"To date, there have been no concerted efforts to deal with this complex legacy of wartime atrocities. At best, this has meant that wartime events have been largely ignored in Afghanistan. At worst, revisionist historical interpretations promoted by the perpetrators of crimes have dominated at the political level. In this environment, the experiences and suffering of ordinary people, who make up the bulk of Afghanistan’s victims, have been largely ignored…."

The Retributive model
“The demand for retribution was strong across all research sites. People widely argued that perpetrators of gross human rights violations should face punishment. While respondents suggested a number of different punitive measures, this paper concentrates on the mechanisms that received the most attention and only includes those in accordance with domestic and international law: criminal trials, including state-led prosecutions (administering capital punishment or imprisonment) and international trials; removing individuals from power; and punishing perpetrators through financial or material means. It is possible to broadly compare the provinces, although there was of course variation and fluctuation within communities. Respondents in Bamiyan and Ghazni widely rejected forgiving those guilty of wartime violations and came out strongly in favour of retributive actions. In Kabul Province, the urban community was most in favour of holding people to account. The rural site was more divided over how to deal with the perpetrators of wartime violations, especially between the men and women interviewed. Male respondents were the least in favour while a majority of women supported punishment.”

The restorative model
“Restorative processes are designed to uncover the truth about past events. Establishing a full, official accounting of the past is increasingly seen as an important element to a successful democratic transition. An accurate record of past crimes can make it embarrassing and difficult for official actors to deny them, apply pressure to remove perpetrators from power, and raise awareness toward preventing future abuse. However, in Afghanistan no official enquiry into either specific violations or the general consequences of Afghanistan’s wars has been published to date. Consequently, wartime actors have sought to fill this vacuum by promoting self-serving visions of the past. Most notably, the amnesty law glorified mujahiddin achievements during jihad against the Soviets, which as discussed also led to numerous atrocities. Others, including some who have occupied high-level positions in the Afghan government, deny any direct responsibility for past war crimes despite evidence to the contrary.”

Reparative policies
“International law recognises that a reparatory approach is an important way of acknowledging the collective societal responsibility that is owed to victims. Reparations can take many forms to compensate for harm and to rehabilitate the mind, body and status. These can include measures such property restitutions, monetary payments, education vouchers, memorials, apologies, or even the return of a loved one’s body for burial.153 While it may be impossible to fully repair the damage done to victims or make individual assessments of the harm suffered by each, a reparations programme can provide solutions to some of the problems derived from the harm suffered. There is growing consensus in international law that the state is obligated to provide compensation to victims of egregious human rights abuses perpetrated by the government and if the regime which committed the acts in question does not provide compensation, the obligation carries over to the successor government. Sierra Leone’s Truth and Reconciliation Commission (TRC), in its final report, recognised that reparations are a primary tool for rebuilding national trust and encouraging reconciliation. This section concentrates on two broad compensation policies that received the most attention from respondents—symbolic reparation in the form of memorialisation and financial or material compensation.”

Financial reparations
“While it may be impossible to fully repair the damage done to victims or make assessments of the harm suffered by individuals, a reparations programme can still offer certain solutions. The idea that the people of Afghanistan should be materially or financially compensated for the wide-scale damage caused by war was strongly supported by people in all research sites. There was a widespread perception that if people’s living conditions were improved and assistance was provided to help them manage the material aspects of their losses then they would be able to handle their wartime grief better. Compensation was identified to have several impacts of varying significance for different groups interviewed: firstly, people felt it would help repair the physical and material damages caused by war; secondly, it could assist healing processes; finally, in some cases, it was presented as an alternative to a retributive approach.”

Peace and Reconciliation in Afghanistan
"The overwhelming majority of people in all research sites stated that they did not currently feel “at peace.” Achieving durable security and long-lasting calm for all of the country was therefore one of the most basic demands shared by all respondents. While in Ghazni people most frequently linked this with ongoing violence in their province and presented a narrow interpretation of peace as the attainment of security, in Kabul and Bamiyan provinces people generally argued that security had largely been reached in their areas, but that they still did not feel they had achieved peace. Instead, they felt that peace in Afghanistan rested on the fulfilment of certain key conditions: security, legitimate government, justice and reconciliation. Even in Ghazni, while immediate responses to questions about peace concentrated on the lack of security, on further expansion peace also clearly encompassed these components. Moreover, reconciliation was identified as a component of both justice and peace. Consequently, processes of justice, peace and reconciliation were seen as intrinsically linked, overlapping and mutually beneficial.

Afghanistan has experienced decades of conflict, which has fractured the bonds between different groups, qawms and ethnicities in the country. Moreover, there is a clear lack of trust between the population and Afghanistan’s leaders. This social context influences prospects for peace and reconciliation. Having addressed the concept of justice for Afghanistan’s conflicts, this chapter explores how people felt peace and reconciliation could be developed at the community level between Afghan people and what is required at the high level to reconcile the different parties to Afghanistan’s conflicts. Finally, it explores people’s perceptions of what a legitimate Afghan government looks like."


Additional Resources:

The Afghan Experience With War | ICRC | 6 October 2011

Documenting the Kill/Capture Missions | AAN | 13 October 2011

Violence Increases 21% | UNSG | 20 December 2011

Wednesday, January 4, 2012

Talking to the Taliban | Bhadrakumar, Schirch, Habib


Three insights to help make sense of the long road ahead.

M K Bhadrakumar, a former diplomat from India, offers a regional analysis of the challenges that lie ahead. He highlights the urgent need of a breakthrough by the Obama administration before the NATO summit in Chicago and speculates on the ramification of releasing Taliban detainees held by the United States in Guantanamo Bay Cuba.

“…Fazl's possible release from Guantanamo comes as a masterstroke by Washington aimed at scattering the growing regional bonhomie over the Afghan situation. The Obama administration hopes to release a fox into the chicken pen. Fazl is one of the most experienced Taliban commanders who has been with Taliban leader Mullah Omar almost from day one and he held key positions commanding the Taliban army.

He would have been a favorite of both Mullah Omar and Pakistan's Inter-Services Intelligence (ISI) and his "homecoming" ought to bring joy to both. On the other hand, he was also culpable for the massacre of thousands of Hazara Shi'ites during 1998-2001 and was possibly accountable for the execution of eight Iranian diplomats in the northern Afghan city of Mazar-i-Sharif.

Fazl inspires visceral hatred in the Iranian mind and could create misunderstandings in Pakistan-Iran relations (which have been on an upswing in recent years) and put Islamabad on the horns of a dilemma vis-a-vis Mullah Omar.”

It is precisely this path – and a potential disregard for accountability - that has many in Afghan civil society so worried. Concerned that some of the gains achieved in recent years might be negotiated away.

Lisa Schirch commenting on the civil society forum at the Bonn gathering in early December articulates the Afghan call for a just peace. That any negotiation with the Taliban must included the participation of civil society if it is to be successful.
“What does justice mean in Afghanistan? A decade earlier, the 2001 Bonn Conference on Afghanistan excluded the Taleban while simultaneously including equally atrocity-prone warlords who had fought against the Taleban. The international community allowed the Afghan government to reward these warlords with government positions. This rush for a quick peace in 2001 laid an unstable foundation for peace and contributed to a decade of corruption, further violence and injustice. A just peace requires negotiations between all stakeholders, including armed groups like the Taleban as well as unarmed civil society groups. It also means accountability mechanisms to ensure all are held to account for past crimes. But a just peace will not bargain away the Afghan constitution’s protections of human rights and women’s rights. And a just peace requires a process including the Afghan public.”

Mina Habib, writing for the Institute for War and Peace Reporting offers this on-the-ground-reaction from 23 December 2011.
“Political analyst Abdol Ghafur Lewal expressed suspicions about the Americans’ intentions in pursuing peace talks along a separate track.

“Afghans do not want the gains they have made to be sacrificed for deals between the Americans and the Taleban. It is possible they [the Americans] might trade away those achievements,” he said. “They are trying to clinch a deal with the Taleban to secure peace and get America out of the war.”

Lewal said that if talks were to be held, it was essential that the Afghan government was at the centre of them.

“Every negotiation and contact is a positive step towards ensuring peace, and the Afghan people prefer the logic of talks over war,” he said, “but if such talks take place without the Afghan government being aware of them, they could do irreversible damage.”

Mohammad Ismail Qasemyar is a member of the High Peace Council, which Karzai has tasked with negotiating with insurgent groups, and insists this body should manage all talks.

“It has been accepted that the process is an Afghan process, owned by the Afghans…, not foreigners. We will be seriously concerned if this principle is violated,” he said.

In September, the High Peace Council’s chairman Burhanuddin Rabbani was assassinated by a suicide bomber.

Those with long memories recall the last days of the Soviet-backed regime in the late 1980s, arguing that attempts to reach a settlement with mujahedin groups failed because the talks were led by the Russians, rather than the then government of President Najibullah.

“The results of that mistake, that calamity still cause us pain,” Lewal said.

Addition posts of interest.

What the Taliban Want | Ahmed Rashid | 30 August 2011

Gilles Dorronsoro | Impossible Transition | 27 June 2011

Talking to the Taliban | A Roundtable | 27 April 2011

Wednesday, December 28, 2011

Justice Seekers | A Profile by Kathy Kelly


Kathy Kelly writing from Kabul-

"Arab Spring, European Summer, American Autumn, and now the challenge of winter. Here in Kabul, Afghanistan, the travelers of our small Voices for Creative Nonviolence delegation share an apartment with several of the creative and determined “Afghan Youth Peace Volunteers” who’ve risked so much for peace here and befriended us so warmly over the past two years.

…

Yesterday, I met with three young people who’ve sustained an inspiring example of community formation. Weeda Ahamd directs the Social Association for Afghan Justice Seekers, with help from Basir and Riha, her co-workers.

…

During their University years, Weeda and her colleagues had become impassioned on behalf of achieving social justice for those brutalized and bereaved by the violent forces at work within Afghanistan. “We realized that many young people who were thinkers had sacrificed their lives” said Weeda. “They refused to say anything but the truth, and there are so many of them to remember. Whereas the war criminals in power will not remember any of these people, we will hold up the pictures in walks. Some of them are people whom family members have not seen for a long time. These are the heroes whom people of Afghanistan should remember.”

Since 2007, Weeda and her colleagues have worked to gather information about people killed, imprisoned or disappeared by armed forces. They go to villages and talk to families who have lost loved ones to Taliban fighters, US/NATO forces, warlords and druglords. They carefully preserve the data. Once it became public that they intended to issue their report, they received threats from several warlords. The report should appear in the near future.

Not only do Weeda and her co-workers assemble stories, documents and pictures from the families of victims of war, they also help build supportive communities amongst the families whose trust they have gained through their repeated visits. Then they invite the families to form larger networks and come together for public protests and demonstrations, demanding an end to the wars. Grassroots democracy is even harder work at gunpoint.

“It’s always a present reality that we could die tomorrow or be killed,” said Basir, “but we would rather do that than have people remember us in the future as people who didn’t live in a principled way. We hold on to truth and justice principles. We’d rather live this way than live under the control of those who commit the crimes.”

“Crimes are not only crimes of the past,” Weeda explains. “War criminals are continuing to commit the crimes, and the US and NATO give military, political and financial support to the war criminals. Their militaries commit crimes as well.

“If a government were formed by the people of Afghanistan,” says Weeda, “we wouldn’t find Afghans easily accepting permanent military bases. Nor would they accept warlords in positions of power.”

“America is in Afghanistan to gain strategic control against China, Iran and regional countries,” she continues. “On top of power and strategic control, we know that America is here to tap on resources that may be present in Afghanistan, or Afghanistan may be a strategic route for the transport and sale of raw materials.” Estimates say these materials may have a net worth of one trillion per year.

She wishes that activists beyond Afghanistan, whose governments are occupying and fighting in her country, would pressure their own governments to stop interfering in the affairs of other countries.

“Any human with a conscience needs to consider himself or herself as a member of the larger human family,” says her colleague, Basir. “I feel I am a member of every family that has become a victim of war. Hundreds of mothers have buried their children with the beautiful white burial cloth. Hundreds walk the streets without a father.”

Weeda is aware that a solution is not easy. She says it may take a long time and insists it must come from the people themselves. Uprisings in the Middle East have encouraged her. “We need to get out into the streets,” she says, recalling images from Cairo. “There, people filled the streets as far as you could see.” Smiling softly, she mentioned the “Occupy” movement. “Maybe they will highlight the crimes that their governments are committing here,” she said, “and speak out against them — call on them to end complicity with war criminals.”

It’s hard work in the winter, and it seems like winter everywhere, but we create small patches of warmth to get us through the winter. All around us, people are finding hope in new connections and in their own startling example of the determination to create hope for others; fear is being traded in for ardent compassionate service; visions are being exchanged, seeds planted beneath the snow, crossing borders and creating new, unprecedented circumstances.

The warmth we keep alive now, the fires we stoke in a dark season, are small, but they’re everywhere. There is simply no predicting what we may be building with the work we do now to keep ours lit, guarding precious human warmth as we move towards another astonishing Spring."

Additional Resource:
Social Association of Afghan Justice Seekers

Tuesday, December 27, 2011

Civil Society | Transitional Justice | Removing HR Monitors


Last week three of the nine members of Afghanistan’s Independent Human Rights Commission (AIHRC) were removed from their posts. The commission is one of the most successful, outspoken and respected institutions of post-Taleban Afghanistan.


This is how it is described by Patricia Grossman yesterday in an NYT Op-Ed.

“Watershed moments in Afghanistan happen by stealth. Last weekend — the anniversary of the Soviet invasion 32 years ago — President Hamid Karzai rid himself of his most outspoken critic, a prominent official with one of the few government institutions in Afghanistan that actually performs well — the Afghanistan Independent Human Rights Commission. The move, announced Thursday, seems intended not only to silence a critic but bury the truth about the crimes of the past.”
Kabul's Stealth Attack on Human Rights



Thomas Ruttig details the impact this will have on the work of the organization.
“Nader Nadery and Fahim Hakim have been part of the AIHRC since its establishment, and driving forces for human rights and democratic development in Afghanistan. Some of our members know Nader from pre-AIHRC times already when he and friends were operating a small human rights organisation from a ramshackle office in a not very inviting part of Peshawar while the Taleban were still in power. From there, they regularly travelled into Afghanistan, contributing to our knowledge about the situation in the country. Nader also came to the 2001 Bonn conference as part of a fifth delegation, composed from pro-democracy activists in the Afghan underground and in exile which was excluded from the conference table at the last hour in order ‘to reduce the number of actors’ (Lakhdar Brahimi).

As commissioner for the AIHRC, Nader has had a particular focus on transitional justice, as well as on war crimes (civilian casualties) committed as part of the current conflict. He managed the national consultations that resulted in the A Call for Justice report documenting opinions about how to deal with the legacies of conflict and was the commissioner most keenly involved in developing the government Action Plan for Peace, Justice and Reconciliation. For the past three years, he has managed the commission’s documentation of war crimes covering the period 1978 to 2001, the commission’s contribution to the implementation of the government action plan.”
Another Blow to Justice: Three Commissioners Fired from the AIHRC



Some background from last year by Sari Kouvo.
“In 2003, the UNHCHR initiated a much more modest mapping exercise in Afghanistan. Based on open source material, most of it the UN’s own, a team of three consultants compiled a 300 page report on human rights violations and war crimes in Afghanistan in the civil war years between 1978 and 2001. The report contains detailed accounts of indiscriminate bombings, massacres, illegal detention, torture, rape and looting from the communist period to the fall of the Taliban regime. In January 2005, then UNHCHR Louise Arbour travelled to Kabul to release the mapping report simultaneously with the release of the Afghan Independent Human Rights Commission’s national consultation about Afghans’ opinions about how to deal with legacies of human rights violations and war crimes, entitled “A Call for Justice”. At the eleventh hour a decision was taken not to release the UN mapping report. The UNHCHR participated in the launch of the AIHRC’s “A Call for Justice” report, and handed a copy of her report to the Commission as a basis for future documentation work. Commissioner Arbour then met with President Karzai and presented him with a copy of the report. The report has to date not been officially released, but copies of it have done the rounds of human rights organizations, embassies, web sites etc.”
Facts for Reconciliation: Human Rights Documentation Needed

Additional Resources:

UN Mapping Report on Human Rights Violations and War Crimes (1979 – 2001)
Afghanistan 101 is a blog of the American Friends Service Committee
215-241-7000 · web@afsc.org