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Civil society fights immunity for warlords

[Afghanistan] General Dustom a powerful warlord in the north and vice president to Afghan government and Ismail Khan governor of western province of Herat announced their support with new Afghan army
IRIN
Rights groups oppose a draft law which grants immunity to former warlords, such as Ismail Khan (left) and Rashid Dustum.
An association of 58 civil society and rights groups in Afghanistan has started campaigning against a controversial bill in the upper house that would grant immunity for all war crimes.

“First, we hope that the upper house will not endorse this draft, which is entirely against the will of our people and against the laws of our constitution. We are working hard with other civil and rights groups to avoid its potential endorsement by the upper house,” Azaryuon Matin, coordinator of the Civil Society and Human Rights Network (CSHRN), which encompasses 58 civil and rights groups, said on Tuesday in the capital, Kabul.

“At the same time we are asking the international community for help to press the government and upper house to prevent its [the draft bill’s] possible endorsement.”

On 31 January, the 249-seat lower house (Wolesi Jirga) of Afghanistan’s National Assembly approved a bill granting immunity to all those who committed war crimes during the Soviet occupation from 1979 to 1989; the civil war that followed until 1996; and during the Taliban rule until late 2001.

''Such a law would damage the support of the international community for Afghanistan, which is approaching democracy and legality, the CSHRN said in a statement.''
Parliamentarians who supported the bill said the motion would boost reconciliation in the country. Others believe the draft was voted in favour because the lower house is dominated by former warlords and communist officials who allegedly have blood on their hands.

The draft bill still needs to be endorsed by the 102-member upper house (Meshrano Jirga) of parliament and then signed into law by President Hamid Karzai.

“All 58 civil society groups are planning a meeting next week to get support from the European Commission [EC], the United Nations Assistance Mission in Afghanistan [UNAMA] and other international organisations in our effort against the bill,” Matin said.

Afghanistan conflict

  • Afghanistan's 25 years of conflict claimed the lives of 1 million people.
  • The Taliban and former warlords General Atta Mohammad, Ismail Khan and General Abdul Rashid Dustum are among those accused of war crimes.
  • AIHRC 2005 report interviewed 6,000 people and found:
  • 90 percent wanted human rights violators removed from the government
  • 40 percent wanted notorious perpetrators prosecuted
  • 69 percent of Afghans were victims of crimes against humanity.
Such a law would damage the support of the international community for Afghanistan, which is approaching democracy and legality, the CSHRN said in a statement.

“If the bill is endorsed as law, it will be the end of democracy, civil society and human rights in our country,” Aziz Rafee, head of Afghan Civil Society Forum (ACSF), a member of the CSHRN, told IRIN. “Peace and reconciliation can never be achieved without justice in our country.”

An Afghan Independent Human Rights Commission (AIHRC) 2005 report found that 90 percent of 6,000 people interviewed across the country wanted human rights violators removed from government, while 40 percent wanted former warlords such as General Atta Mohammad, Ismail Khan and General Abdul Rashid Dustum, to be prosecuted.

The report found 69 percent of Afghans interviewed had been subjected to or affected by crimes against humanity, including torture, murder and inhumane treatment.

News of the proposed draft has angered some victims of the factional war between various Mujahideen groups in the 1990s in Kabul. Tens of thousands of citizens of Kabul were killed between 1992 and 1996 during fighting between Mujahideen groups vying for power.

''

Forgiving war criminals itself is a crime. We did not expect such action from the parliament. Those who supported this draft will encourage other criminals to commit more crimes and there won’t be prosecution for them.''

Mohammad Sadiq, 23, who lost his father when his house was hit by a rocket on 22 March 1993 in Kabul city, said Parliament’s decision was “treason” against the victims and war-torn people of Afghanistan. “We did not belong to any warring faction but they hit my house, killing my beloved father and injuring me and my mother,” Sadiq said.

“Forgiving war criminals itself is a crime. We did not expect such action from the parliament. Those who supported this draft will encourage other criminals to commit more crimes and there won’t be prosecution for them.”

Zabihullah, 22, is another victim of the factional war of the 1990s in Kabul. He said his father died when a rocket hit his house in 1994. “I won’t forgive those who were involved … and were guiding the fighting in Kabul city. All the innocent people who lost their family members will not forgive them,” Zabihullah told IRIN. “It is not the responsibility of Parliament [to forgive them] and the Parliament cannot make any decision in this regard.”

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See also
Grave concern over impunity plans for war lords
Communist-era mass grave discovered
Where the gun still rules

This article was produced by IRIN News while it was part of the United Nations Office for the Coordination of Humanitarian Affairs. Please send queries on copyright or liability to the UN. For more information: https://shop.un.org/rights-permissions

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