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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