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Statements Office of the High Commissioner for Human Rights

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09 March 2002



Kabul, 9 March 2002




Statement by Mary Robinson,
United Nations High Commissioner for Human Rights
Afghan National Workshop on Human Rights:

“In solidarity with the Afghan people:
towards implementation of the human rights
provisions of the Bonn Agreement”.




Chairman Karzai,
Ministers,
Ambassador Brahimi,
Colleagues assembled here today,

“Enough is enough!” This is the cry that I hear from Afghan friends and colleagues. I have heard it here in Kabul. I have heard it outside the country when I have met Afghans in exile. The message is clear. The Afghan people have emerged from a nightmare of duress, starvation, and oppression. You want change. You want a return to a time without abuse by your own leaders. You want a time of peace, security and prosperity. You want the ability to choose your own destiny without foreign interference and the restoration of your dignity and once proud place in our family of nations.

I applaud the steps you have taken since the fifth of December to make that future possible. And it is possible. I applaud your continuing efforts to ensure that the new government represents and reflects all Afghans. Decision-making can no longer rest in the hands of a few. It is the international community's responsibility to help in all ways it can to support you to bring about the new future of your choice.

The rebirth of Afghanistan means an effective State in which democracy and the rule of law are the foundational principles. It means that the personal security of every man, woman and child is paramount. It means a system of government in which respect for human dignity, individual human rights and the rights of minorities are in practice guaranteed. That cannot happen in a day’s work. It needs a plan. It requires a step by step approach. Leaders alone cannot do it, however well they are thought of by the people. Each step to be taken can only succeed if the people believe and consent to that step. All Afghan people must have full and active participation at each step along the way.

What do I mean in concrete terms?

First, there is a need for a government that is participatory, broad based, multi-ethnic, inclusive (including of women) and representative, committed to promoting and protecting the rights of all Afghans.
Second, there must be support for constitutional development and legal reform in the transitional period to ensure that the legal framework is in place to protect your human rights. To redress the imbalance of past years, a strong gender perspective will be needed.

Third, there needs to be attention to explicit safeguards in all aspects of life to protect the rights of women, ethnic and religious minorities, the landless, the internally displaced, those living in extreme poverty and other members of society who require greater protection.

Fourth, there should be a fair and effective justice system building upon the proposals in the Bonn Agreement, and in accordance with Islamic principles, Afghan legal traditions, the rule of law and respect for international standards. A justice system is essential to restore the personal security and confidence of the people and to make sure that there is accountability. A justice system is also crucial in fostering development.

Fifth, independent, strong and effective national institutions must be created that promote and protect the rights of victims and which act as a bridge between government and civil society. And,

Sixth, there is a need to rebuild a vibrant and vigilant civil society committed to the new arrangements and determined to ensure that there is no return to the unchecked violence of the past. The participation and leadership of the highly qualified Afghan men and women at home and abroad, is key to reconstruction of your society.

Chairman Karzai, Ladies and Gentlemen,

I have stressed that these goals cannot be realized overnight. But, the Bonn Agreement provides the national framework from within which the first steps towards all of these goals can be taken. It provides the opportunity to develop a culture of human rights and respect for the rule of law. In addition to the Bonn Agreement, it is of great significance that Afghanistan is a party to a number of international human rights instruments. These concern children, economic, cultural and social rights, civil and political rights, principles of non-discrimination and the prevention of torture. Afghanistan is already a member of the United Nations international human rights system. These instruments contain important requirements on national protection of rights. Over time, through its adherence to these international standards, progress in the level of protection of the rights of all can be achieved in Afghanistan.

And yet, how can we speak of “rights” when most Afghans are still unable to live freely and without fear? How can a culture of human rights take life and breathe without the oxygen of human security? Without credible security guarantees, provided by a new security force and the establishment of a civilian police service, both supported initially by international forces, there would be little prospect of building the new Afghanistan.

Chairman Karzai, Ladies and Gentlemen,

The Bonn Agreement and the international human rights instruments provide the platform from which our discussions in this workshop will start. My Office and I are committed to assisting Afghan efforts to bring these human rights provisions to life. There are four main areas in which my Office can contribute now and over the long term. Let me say something about each.


1. Human Rights Education

Bonn calls for the development and implementation of a programme of human rights education to promote respect for and understanding of human rights.

All members of society have a role to play in promoting and protecting human rights. Accordingly, human rights education should aim at as wide an audience as possible, including:

all levels of formal education: professional and technical training programmes as well as at the pre-school and primary, secondary, university and other institutions of higher learning levels of education;
specific groups in need of human rights education, including vulnerable groups, as well as professional groups;
the general public, in order to increase public awareness of human rights standards, mechanisms of protection and human rights conditions locally, nationally and internationally. Much of this case can be achieved through radio and television.

2. The rights of women

The Bonn Agreement seeks to rectify, in some measure, the terrible dehumanization that has been faced by Afghan women and girls in the recent past. In early December I participated in the Afghan Women’s Summit held in Brussels. I was moved by the determination of my Afghan sisters and the clarity with which they set out the path they wish to take.

Yesterday, International Women’s Day, I was privileged to attend the Women’s meeting organized by the Ministry of Women. I have heard and embrace your recommendations addressed to both the Government and the international community: the establishment of security and the disarming of warring factions under the auspices of peacekeeping forces; installing legal processes and transparent mechanisms for the establishment of the Loya Jirga and to support women’s participation in elections; establishing an inter-ministerial commission for the advancement of women: and providing sustainable and long-term international support for Afghan women’s development in the areas of economics, education, health, businesses and other essential sectors.

I, as the United Nations High Commissioner for Human Rights, stand with you as you make these recommendations. I and my Office will assist you in any way we can. We also bring the many expressions of solidarity with you of women from around the globe. They offer Afghan women their hopes, experiences and resources to facilitate your full equality and participation in all aspects of life.


3. A National Human Rights Commission

The Bonn Agreement calls for Afghanistan to establish a national human rights commission. A national human rights commission is an agency independent of government that can play an important role in promoting awareness of human rights standards and also defending individuals and communities whose rights are ignored or at risk.

The United Nations has adopted standards, applicable to all countries, setting out the composition, mandate, functions and powers of such institutions. In our experience, this Commission is much more likely to succeed if its establishment is preceded by a process of consultation between government agencies and civil society.


4. Transitional Justice

Chairman Karzai, Ministers, Ambassador Brahimi, Colleagues,

I would like now to say a few words about the important issue of transitional justice. The Bonn Agreement asks the United Nations to monitor and investigate human rights violations and, where necessary, recommend corrective action. We know well from past experience, in Afghanistan and elsewhere, that sustainable peace, reconciliation, reconstruction and development cannot be built upon a foundation of impunity. Many of you have repeatedly stated to my colleagues and I that effective and credible efforts to address the issue of impunity and ensure accountability are key to building a sense of confidence among Afghans towards new institutions responsible for the administration of justice. Such efforts are also a signal to perpetrators that the time of impunity is over. Accountability can also act as a deterrent against further violations.

There can be no amnesty for perpetrators of war crimes, crimes against humanity and gross violations of human rights. Just as has been the case in Sierra Leone, East Timor, Cambodia, the Former Yugoslavia and Rwanda, so it must be the case for Afghanistan. When we speak of accountability, we refer to an Afghan led and owned process that has different elements. These are, justice, truth telling, reconciliation and institutional reform. The process should be one that is focussed on victims and the promotion of security. All of these elements are indispensable. I encourage you to begin, when the time is right, a transparent and informed process of national dialogue and consultation on how to tackle the abuses of the past, in a manner sensitive to your needs, realities and aspirations. Again, my Office and the wider United Nations system are ready to support you in this process.

Chairman Karzai, Ladies and Gentlemen,

Our time is short today. We have much to do. Building upon my earlier discussions with some of you both here and outside Afghanistan, I would like to share with you my vision of where I hope today’s discussions will lead us.

First, there is the need for you to identify the priority issues of concern.

Second, to identify, using the Bonn Agreement as a framework, how you see these issues should be tackled, and to identify also the respective roles of government and civil society.

Third, based on your views and on the subjects arising from today's discussion it will also be important for you to identify how the international community, in particular, the United Nations and the Office of the High Commissioner for Human Rights, can support Afghan efforts.

Today, I look forward to listening. Tomorrow, I look forward to working with you to translate your ideas into reality. To begin this process, I am pleased to announce that my Office will be supporting financially a number of projects on human rights education at the community level. My Office operates this fund in co-operation with UNDP. So I encourage civil society groups to be focussed and concrete in discussions today. We stand ready to support your next steps for tomorrow.

Chairman Karzai, Ministers, Colleagues,

None of us should forget that your workshop is an historical occasion: the first time when so many representatives of the Afghan human rights community and the Afghan authorities have come together in one place. I look around and can feel the momentousness and hopes of this event.

You have the opportunity to create a society, free from the suffering, pain, and terror that you have known all too well. The attention, goodwill and financial commitment of the international community are united around you. I encourage you to be bold in your discussions today and in your actions for the future. After all you carry the destiny of your Nation on your shoulders. The United Nations stands in solidarity with you, in your deliberations and in the actions you wish to take to realize your goals.

Thank you and good luck.
Tashakor az shuma wa khosh bakht bashed (Dari).
Tasota der manana aw khus bakhat osie (Pashto).