Amnesty for War Criminals is a Punishment for Victims 

Date: February 14^th 2007

The Human Rights Research and Advocacy Consortium (HRRAC) is a group of 14 Afghan and International organizations committed to promoting peace and human rights in Afghanistan.

The Consortium captures the voices of Afghans through field research. The research forms the foundation of our advocacy campaigns in which we seek to ensure that policymakers, hearing the concerns and hopes of Afghans, will work to protect their basic rights.

In January 30th 2007 the Parliament of Afghanistan (Wolosi Jirga) approved a resolution under the name of Reconciliation and National Solidarity. The mentioned resolution provides impunity and prosecution amnesty for the war crimes that happened in the past 25 years of the conflict in Afghanistan which includes Taliban and Communist regimes authorities as well.

Since the Consortium is working closely with people is aware of the importance of peace and security in the life of Afghans will support any initiative that could lead for having a durable peace and security in Afghanistan, but justice should not be sacrificed for peace.

The Consortium expresses its high concern about the approval of the mentioned resolution that later might be formed as a law. The resolution passed by the Afghanistan Wolosi Jirga is not only against all the International commitments of the Afghan government but it’s a clear breach from the right to access justice and the right to fair trail which is a fundamental right for each human being and recognized in Afghan Laws and Constitution.

The Consortium as a body that conducts field researches and raises Afghan voices at urban/ rural level, women and men, literate and illiterate and different age categories since 2003. During the history of Consortium work in Afghanistan in the field Afghans repeatedly expressed their concerns and voices about the presence of local commanders, warlords, gunmen and human rights violators in the government level including parliament. People of Afghanistan were repeatedly raised their concerns that under the shadow of the gun and presence of gunmen and warlords it would be impossible to have a free and fair elections.

In year 2003 when HRRAC released its report (Speaking Out) and raised Afghan voices a man from Herat province said “As long as there are gunmen, neither impartial nor peace loving people can stand for the election. Worst of all they cannot even vote for a deserving person or leader”.

Consortium conducted another research in year 2004 prior to the presidential elections on the rule of the gun and elections (Take the Guns Away) and during that research Afghans again expressed their views on the elections and rule of the gun.

A woman from Mazar-e- Sharif in year 2004 Said “The gunmen have taken people’s land, their houses, their sons and forced their daughters to marry them. This is the nation’s blood.”

After the presidential elections the Consortium conducted another follow up research in year 2005 (We Voted and We will Vote Again). 

A man from Paktia province said “People voted because they wanted that the war criminals should be prosecuted, other wise the government wont be sustainable.”

Quoting different people from different period of the time, shows that people were mainly concerned about the rule of the gun that can over-shadow the legacy of the parliament and presence of the parliamentarians.

The Consortium as an advocacy body calls upon the government of Afghanistan to stop this procedure as soon as possible. Since the collapsed of Taliban regime Afghan people were concerned about misuse of power by powerful local commanders and leaders and their influence over the electoral process.

If the parliament is the representing the people’s well there, for making any decision about the people especially the right to access justice and fair trail they should have a public consultation.

The Consortium believes that accountability for past abuses can play a significant role in durable peace and security in Afghanistan. Afghan government should remain committed to its international obligations ICC, International covenant on Civil and Political rights, International Convention on Elimination of all  Forms of Racial Discrimination, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment and Torture and other relevant conventions that ensures accountability for the crime and abuses happened in the past.

 For having a secure Afghanistan, it’s essential to maintain the rule of law, and rule of law will never happen as long as there is no justice for all. Our concern is that such a resolutions which will be in the form of a law will prevent individuals from having access to justice and give more courage to the perpetrators to continue the human rights abuses without any fear of the prosecution.

For more information about HRRAC please visit our website: www.afghanadvocacy.org.af  and contact us with: afghanadvocacy@yahoo.com