A/HRC/7/27 page 11 IV. IMPUNITY 37. Re-establishing the rule of law, and ending impunity for past and present crimes, remains a key to securing peace and stability in Afghanistan. Individuals suspected of committing grave violations of human rights, including war crimes, have not been held to account. Some continue to hold high-ranking positions of authority, fundamentally compromising the confidence of the population in the integrity of its Government. 38. Impunity for current crimes also remains a problem. In two major incidents, senior government officials have not been held to account for potentially serious violations despite substantial evidence suggesting their culpability. A. Transitional justice 39. During my mission, I reminded all stakeholders that transitional justice is a multifaceted process which focuses on the victims’ right to truth, compensation and rehabilitation. It should not be reduced to the single, though obviously important, issue of prosecution of those with responsibility for past crimes. While the commitment to ensure individual criminal accountability remains vital, there must also be a recommitment by the Government and the international community to advance the broader dimensions of the transitional justice agenda. 40. In response to a Human Rights Watch report republished in December 2006 in which the names of suspected war criminals and violators of human rights holding seats in the Wolesi Jirga (Lower House of Parliament) were listed, the Wolesi Jirga and the Meshrano Jirga (the Upper House of Parliament) passed the “National Reconciliation Charter” by a majority vote. Under this Charter all political parties and other belligerent groups associated with the two and a half decades of conflict in Afghanistan would be granted full immunity from prosecution. It called on all parties, including present AGEs, to strive towards national reconciliation and offered to grant immunity from prosecution to all those endorsing the process. Refusing to sign the Charter, President Karzai stressed that under Islamic principles he was constitutionally bound to respect the principle that only the victims of human rights violations had the right to forgive the perpetrators. I have since repeatedly expressed my concern that this Charter could lead to past serious human rights violations going unpunished and that it would undermine the process towards securing long-term peace and construction of durable institutions of the Government. 41. In general, both national and international efforts to address past abuses have been limited and are hampered by growing hostility to the transitional justice process. The deadlines for the benchmarks established under the Action Plan for Peace, Reconciliation and Justice have mostly passed without any significant progress being achieved, thus putting compliance with the envisaged overall time frame for the Action Plan in serious doubt. The only benchmark on which substantial steps were taken was the establishment of a “clear and transparent national appointments mechanism for all senior level appointments”. The Senior Appointments Panel was set up by September 2006 and showed initial promise. Rules of procedure were adopted in October 2007, but these did not establish clear operational guidelines nor provide guarantees or requirements for impartiality or independence.

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