A/HRC/10/23
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the law - particularly in rural and war-affected areas, the ominous influence of warlords, local
commanders and other local power-holders, and failure to ensure a secure environment for
courts, victims and witnesses continue to undermine the independence and impartiality of the
judicial authorities.
47. Traditional dispute resolution mechanisms (such as jirga and shura), though not
recognized in the Constitution, are widely resorted to, especially in rural areas; this is due, in
part, to limited access to, and confidence in, formal justice institutions. Although there are
positive elements in traditional mechanisms in terms of community cohesion and accessibility,
there are serious concerns with respect to due-process requirements, in particular for women,
children and vulnerable groups.
48. Nevertheless, some positive developments have been noted, such as the drafting of a Bill
on the Elimination of Violence against Women, in which the Ministry of Women’s Affairs and
civil society organizations have been involved. The Ministry of Justice’s recent initiative to
establish a State-funded legal aid system and the establishment of the Bar Association represent
another important step forward. These measures should enhance the safeguarding of rights of
defendants and the provision of legal representation for the most vulnerable.
49. Addressing impunity and further strengthening the rule of law is a priority in Afghanistan.
There is a need for mechanisms, such as the advisory panel for appointments envisaged in the
Action Plan for Peace, Justice and Reconciliation, to prevent those accused of having committed
serious crimes from obtaining senior government posts. The forthcoming elections also present
an opportunity for Afghans to take further steps to prevent persons accused of having committed
serious offences under domestic and international law contesting seats in the Parliament.
VI. DEFICITS IN DEMOCRACY
A. Freedom of expression
50. The ability of media actors, civil society groups and other Afghan citizens to freely express
their opinions and thoughts came under attack across Afghanistan throughout 2008. National and
provincial government officials, anti-Government elements and different power-brokers all
sought to restrict freedom of expression. Police and prosecutors generally proved ineffective at
protecting freedom of expression given their apparent collusion with those in positions of power.
The judiciary has not consistently provided protection, and, at times, has also been a factor in
restricting the right to express opinions. Freedom of expression is often presented as threatening
existing power structures, national security interests or Islamic values. Afghanistan’s
increasingly repressive and closed society has triggered self-censorship throughout the country
and stifled criticism and debate.
51. Threats, intimidation and attacks persisted against journalists and others expressing
opinions deemed unwelcome, as did attempts to stifle critical reporting on corruption and other
issues deemed “sensitive”. For instance, an Afghan radio-television presenter was dismissed by
the Ministry of Information and Culture in May 2008 after he stated on television that freedom
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