A/HRC/10/23
page 11
35. The Kuchis, or nomads, whose population is estimated at over 5 million by the
Independent Directorate for the Affairs of the Kuchis (IDAK), are a social minority that has
faced enduring discrimination. Their traditional livelihood is nomadic herding, although many
now lead a semi-nomadic existence or have settled in communities. Some of the main challenges
faced by Kuchis include access to pasture land, and basic services such as health care, education
and employment. It is understood that in some provinces they have also been denied identity
cards by the local authorities.
36. The rights of Kuchis are guaranteed under article 14 of the Constitution which obliges the
Government to implement effective programmes to “improve economic, social and living
conditions” of the Kuchis and to adopt measures for the “provision of housing and distribution of
public estates to deserving citizens”. However, IDAK estimates that only 30 per cent of Kuchis
have received their identity cards and are thus registered as citizens. Kuchis have been allocated
10 seats (7 for men and 3 for women) in the National Assembly (as they are predominantly
Pashtun, this is also seen as benefiting one group with a higher percentage of seats). Without
citizenship, the majority is unable to register to vote. A third measure, a 2007 Presidential
Decree, granted the Kuchis the right to acquire 10 per cent of municipal housing and it allocated
land to settled Kuchi communities. The slow and patchy implementation of this policy points to
the gap between legal guarantees and their accomplishment.
37. The disruption of their nomadic lifestyle through conflict and drought, as well as a lack of
clear government policy on land tenure and pasture rights, has brought the Kuchis into conflict
with settled communities over access to land and resources. The Government has been unable
to resolve a long-standing dispute between the Kuchis and settled Hazara populations over
access to pasture lands in parts of the Central Region and Central Highlands. This year again
witnessed violent clashes between the two groups in Behsud district of Maidan Wardak
province, which, according to a joint Office of the United Nations High Commissioner for
Refugees (UNHCR)-UNAMA mission, resulted in at least 23 deaths, the displacement of more
than 6,000 families and destruction to property, which for the first time included mosques. These
figures exclude victims among the Kuchis.
V. IMPUNITY
A. Transitional justice
38. Re-establishing the rule of law and ending impunity for past crimes remain crucial to
combating a deeply entrenched culture of impunity that, in turn, is essential to securing a just and
lasting peace. Individuals suspected of having committed gross human rights violations have still
not been held to account and quite a number hold and continue to be appointed to high-ranking
positions of authority, both at the central and local level. Not only is this a violation of
Afghanistan’s international obligation to fight against impunity for serious international crimes,
it also compromises public confidence in the Government and its international partners,
undermines the legitimacy of public institutions, in particular law enforcement and judicial, and
reinforces the prevailing impunity for human rights violations.
39. The Action Plan on Peace, Reconciliation and Justice adopted in 2005 represented the
broad framework for addressing the past and building a society based on the rule of law. Its time
frame indicated that it would meet its objectives by the end of 2008. The Action Plan has not
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