HIGH COMMISSIONER FOR HUMAN RIGHTS URGES SUPPORT FOR AFGHAN EFFORTS TO DEAL WITH IMPUNITY

29 January 2005

United Nations High Commissioner for Human Rights Louise Arbour has encouraged Afghanistan to continue to make bold strides in human rights and address past and present violations so as to ensure those responsible for egregious abuses do not wield power.

Speaking today at the launch in Kabul of a report on transitional justice by the Afghan Independent Human Rights Commission (AIHRC), Mrs. Arbour said the foundation of any stable, secure and peaceful society must include a system of justice “that helps to ensure that wrongs are redressed, openly and consistently within the law, however difficult that may be, and one which helps instil in the people total confidence in those with positions of authority”.

“Afghans themselves have recognized this and have called for an end to impunity”, Mrs. Arbour said, recalling that the strategy on transitional justice in the AIHRC’s report was developed following broad consultations with citizens and focus groups throughout the country.

“Afghans, first and foremost, must be praised for having had the courage to speak out, and for not giving up hope for a better future, one which puts an end to human rights violations and impunity”, Mrs. Arbour said. “The Afghan Government and the international community must not let them down”.

The report is based on nationwide consultations on how Afghans would like past human rights abuses to be addressed. Over 4,000 people were surveyed individually, in addition to discussions held with over 200 focus groups bringing together a further 3,200 participants. The exercise took place in the last eight months, and covered 32 of Afghanistan's 34 provinces, as well as refugee communities in Pakistan and Iran. The AIHRC report will contain recommendations for Afghan authorities and the international community on addressing past crimes and on fighting impunity.

To assist in these efforts, the Office of the High Commissioner (OHCHR) has prepared for the use of the AIHRC and the government a compilation of human rights violations covering the period from 27 April 1978 (the "Saur Revolution") to 22 December 2001 (inauguration of the interim Government) based on publicly available documents. The compilation was produced at the request of the AIHRC and in line with the recommendation of the Special Rapporteur on extrajudicial, summary or arbitrary executions as a contribution towards a more comprehensive documentation exercise which would require new on-the-ground investigations as part of the recommended long-term transitional justice strategy.

Full Statement of High Commissioner

Statement by Louise Arbour
United Nations High Commissioner for Human Rights

On the occasion of the launch of the report of the Afghan Independent Human Rights Commission on Transitional Justice

Kabul, 29 January 2005


It is an honour to be here today with President Hamid Karzai and Dr. Sima Samar, the Chair of the Afghan Independent Human Rights Commission, to support the launch of the Commission’s report on the results of the national consultations on transitional justice.

Three years after the ousting of the Taliban, Afghanistan can be proud of many achievements. In every sphere, from economic and social development, to financial recovery, rehabilitation, and reconstruction, remarkable progress has been, and continues to be, made. Likewise, it is vital for Afghanistan to continue to make bold strides in the area of human rights.

Of central importance is the need to address past and present human rights violations so as to ensure that those responsible for egregious abuses do not succeed in wielding power. The foundation of any society that is stable, secure, and at peace with itself, must include an appropriate, intelligent, legitimate and courageous system of justice: one which helps to ensure that wrongs are redressed, openly and consistently within the law, however difficult that may be, and one which helps instil in the people total confidence in those with positions of authority.

Afghans themselves have recognized this and have called for an end to impunity. In their search for peace, security, and justice, they have recognized unequivocally, and have said through these national consultations, that such objectives are not mutually exclusive but rather are mutually reinforcing imperatives which must be pursued simultaneously.

The strategy on transitional justice is the result of this call. The Afghan Independent Human Rights Commission must be praised for its remarkable efforts in conducting these national consultations. And the Afghans, first and foremost, must be praised for having had the courage to speak out, and for not giving up hope for a better future, one which puts an end to human rights violations and impunity. In reading the report, I was particularly struck by the poignancy of how Afghans were thankful for being asked their opinion – for the first time – on these issues. That, in itself, is an important step. The Afghan Government and the international community must not let them down.

My Office has already begun this support by compiling documentation, from publicly available research previously conducted in and on Afghanistan, into a consolidated account of reported human rights violations. This documentation covers the period from 27 April 1978 (the “Saur Revolution”) to 22 December 2001 (the establishment of the Interim Government). The compilation was produced at the request of the Afghan Independent Human Rights Commission and the former Special Rapporteur on Summary Executions and Extrajudicial Killings. It is intended to serve as a contribution towards better understanding the extent of the tragedy that has befallen Afghanistan. It was done in the hope that it would aid a collective assessment of how best to move forward with an approach to justice that both acknowledges the pain of past victims while building a present and future that would better guarantee against the recurrences of such abuses.

This compilation is, in effect, part of a first stage in seeking the truth. It aims to begin this process by acknowledging the suffering of the Afghan people, as well as to prepare for possible future action including, as recommended by the Commission, further judicial investigation, reconciliation initiatives, and the establishment of an effective vetting procedure for public service. As such, therefore, this compilation fully complements the broad-ranging recommendations for transitional justice mechanisms – both judicial and non-judicial – which are contained in the report of the Commission being launched today.

In Afghanistan, as elsewhere, transitional justice will help communities come to terms with the past and plant the seeds for a better future. This process will, undoubtedly, be long-term. It is important to stress that the healing occurs as much in the journey as in the intended destination. In dealing with issues as complex as ensuring the most effective and appropriate means of accountability for past and present human rights abuses in Afghanistan today, no solution can come quickly. What is important, however, is that a process is put in place – now – that decisively seeks to move towards that goal.

The strategy put forward by the Afghan Independent Human Rights Commission provides for such a comprehensive, far-sighted approach, and my Office commits itself to supporting its implementation. There is experience accumulated now from throughout the world, acquired over more than a decade and from which one can draw in setting up a Special Prosecutor’s Office and Specialized Chambers, again as contemplated by the Commission. Likewise, similar experience has been built up in such areas as forensic work, defense and victim support, including witness protection, as well as in systems of vetting for appointments to public office or in establishing truth-seeking mechanisms that give honour to victims rather than exoneration to perpetrators. Importantly, however, the international community must also be galvanized to support fully the implementation of the strategy, including through the provision of the necessary financial, technical and security assistance.

The people of Afghanistan have already shown their willingness to take the lead in elaborating their strategy on transitional justice. Today’s event demonstrates that President Karzai and Dr. Samar are willing to ensure its implementation. The international community must stand by the Afghan Government, the Afghan Independent Human Rights Commission, and the Afghan people in their vital but difficult journey towards truly sustainable peace, and provide its full support to the initiative launched today. I add my voice to that of the Afghan people and look, with them, to a better future for Afghanistan, where the rule of law will fully overcome the rule of force and justice will prevail over impunity.

Thank you.