A/HRC/4/98*
page 11
Appointments as part of a transparent mechanism for all senior-level appointments.
OHCHR/UNAMA is assisting the President’s Office with technical, financial and operational
support and has provided Board members with a United Nations report on past human rights
violations in Afghanistan previously shared with the President and AIHRC.
43.
The active and meaningful role of civil society in shaping transitional justice is essential.
In support of these activities, UNAMA and AIHRC conducted outreach activities in 2006 with
civil society actors across the country. In August 2006, the United Nations supported the
International Centre on Transitional Justice and the local Civil Society and Human Rights
Network with a six-day training of trainers’ workshop on the role of civil society and transitional
justice.
44.
Individuals allegedly responsible for committing grave violations of human rights,
including war crimes, during the conflict have not been held to account, and some hold positions
of authority. Trials of individuals accused of human rights violations are rare, and flawed when
they take place. Asadullah Sarwary, a former intelligence chief, was tried and sentenced to death
in February 2006. UNAMA monitored the trial, which was highly politicized, as well as
procedurally and legally flawed. Despite efforts by UNAMA and the European Union, Sarwary
was unable to find a lawyer willing to defend him.
45.
Several identified mass grave sites are unprotected and no proper investigations have
been carried out. Currently, there is seemingly little willingness on the part of the Government
or the international forces to provide security for the forensic investigation, and the capacity is
low and the equipment limited for such investigations. The concept of evidentiary requirements
is not well developed among police and justice officials.
VI. DEFICITS IN DEMOCRACY
Freedom of expression and religion
46.
There has been an increase in violence and threats to the media. Three journalists were
killed in 2006. A certain amount of self-censorship is practised owing to threats, pressure from
the authorities and increasing violence. The main unions of Afghan journalists have raised
serious concerns about how the proposed new Media Law could restrict freedom of expression.
47.
Two media laws have been in force in Afghanistan since 2002. The first was
promulgated in 2002 and the second, promulgated in 2003, remains in force today. Work began
on drafting a third, new media law in 2005, and it was a significant advance on the previous two.
Improvements include a High Media Council to develop policy and three commissions tasked
with regulating specific media sectors, including a Commission on Media Complaints and
Violations. Adopted by presidential decree in December 2005, it has yet to be endorsed by
Parliament. However, amendments proposed by the parliamentary Religious and Cultural
Affairs Commission represent a significant potential setback for media development and
freedom of expression by opening the way for direct political interference and placing
restrictions on private media. These include the removal of all but one of the initially proposed
commissions, a new stipulation that freedom of expression must be in accordance with Islamic
principles, and a series of new provisions which include banning published material that is
deemed immoral.
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