A/HRC/7/27
page 19
IX. RECOMMENDATIONS
78. In view of the situation described in this report, I make the following
recommendations:
(a) The international community should ensure that international human rights
and humanitarian law informs an integrated governance strategy, drawing on the strength
of traditional and cultural mechanisms, with Afghans firmly in the lead. Doing so requires
promoting civil, political, economic, social and cultural rights as vital interdependent
foundations for progress and ensuring outreach to and meaningful participation of civil
society actors as well as disadvantaged and vulnerable groups. It also requires policy and
programme decisions which would enable the humanitarian community to regain and
maintain critical humanitarian space;
(b) All parties to the conflict in Afghanistan must take further measures to ensure
greater respect for human rights and international humanitarian law principles and
thereby enhance protection of civilians. International military forces must be more
responsive and accessible to families in ensuring redress and this should include a
systematized and consistent approach to compensation ideally administered by a
competent third party backed by a trust fund;
(c) The international community must nurture and defend civil society and
freedom of expression. It must commit greater technical and financial support for the
development of civil society groups, including victim groups, as a critical pillar of
democratic institution-building. The Government of Afghanistan must reaffirm the
constructive role of civil society and provide the necessary platform for meaningful public
discourse. This must be buttressed by concrete efforts to promote the continuing growth of
the media and protect freedom of expression;
(d) The Government of Afghanistan, with support from the international
community, should seize the opportunity provided by the upcoming report on
Afghanistan’s compliance with the ICESCR and the ongoing ANDS process to develop
concrete policy and programme initiatives to strengthen Government’s delivery of services
necessary for the enjoyment of social, economic and cultural rights. In this respect, the
international community should continue to build government capacity to comply with its
human rights treaty reporting obligations, which will provide key guidance for monitoring
its implementation as it moves forward;
(e) The Government of Afghanistan and the international community should
provide the necessary political, technical and financial support for the Ministry of Justice
as the lead agency with responsibility for monitoring and reporting on State
implementation of human rights-related benchmarks in the Afghanistan Compact. In this
regard, the Terms of Reference of the Ministry of Justice as lead agency needs to be
immediately defined and the Ministry’s Unit to be created for this purpose promptly
resourced;
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