A/HRC/25/41
VI.
Support to national institutions
Afghanistan Independent Human Rights Commission
52.
On 16 June 2013, President Karzai appointed five new AIHRC Commissioners and
reappointed four serving Commissioners, including the Chair, Sima Samar. These
(re)-appointments were made 18 months after the terms of office of the previous
Commissioners had expired, in December 2011. Civil society, donors and UNAMA raised
serious concerns that the selection process for the Commissioners failed to meet the
international standards enshrined in the Paris Principles. I raised similar issues publicly at
the end of June, stressing the need for a transparent, participatory and consultative process
involving civil society to select qualified and independent human rights commissioners.
None of the five new Commissioners appointed were drawn from the list of 60 potential
candidates that civil society groups had provided to the President. These groups and
UNAMA/OHCHR have also expressed concerns over the eligibility, political independence
and human rights experience and commitment of several newly-appointed Commissioners,
as required under law.
53.
During my visit to Afghanistan in September 2013, I expressed concern at the
non-consultative process leading to these appointments and the potential impact of this on
the Commission’s “A” status, given its five-year accreditation review in November 2013 by
the International Coordinating Committee of National Human Rights Institutions (ICC). I
encouraged the Government to address the deficiencies in the selection and appointment
process, and to further strengthen the independence and effectiveness of the AIHRC.
54.
On 18 November 2013, the Commission underwent its accreditation review with the
ICC Sub-Committee on Accreditation, which recommended a deferral of the decision on
accreditation for one year. In its decision, the recommendation to defer was accompanied
by a statement of concerns regarding the selection and appointment process for
Commissioners, the dependence of the AIHRC on international donor funding and the
disparity in the ratio of female to male staff members among Commission staff. The SubCommittee warned that these concerns needed to be addressed before the Commission’s
next review, failing which the Committee would recommend a downgrade of the AIHRC to
“B” status. Final certification by the ICC Bureau of the Sub-Committee recommendation to
defer was pending at the time of writing.
VII. Cooperation with United Nations human rights
mechanisms
55.
Afghanistan presented its combined initial and second periodic reports to the
Committee on the Elimination of Discrimination against Women in July 2013. The
Committee expressed satisfaction with the progress made in women’s rights protection in
Afghanistan since 2001, including the EVAW law, the National Action Plan for the Women
of Afghanistan (2008–2018) and efforts to increase women’s participation in political and
public life. The Committee also raised several issues of concern, including proposed
amendments to the EVAW law and the appointment of the new members of the AIHRC,
given that one Commissioner was known to have spoken publicly against women’s rights.
The Committee recommended that women should be more involved in the peace process to
ensure its success, and inquired about the Family Code, which is currently being revised.
56.
The Committee noted the significant efforts made during the last decade to enact and
implement a legal framework protecting and promoting women’s rights. However, it
considered that the climate of persistent and extreme violence, in particular against women,
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