A/HRC/10/23 page 11 35. The Kuchis, or nomads, whose population is estimated at over 5 million by the Independent Directorate for the Affairs of the Kuchis (IDAK), are a social minority that has faced enduring discrimination. Their traditional livelihood is nomadic herding, although many now lead a semi-nomadic existence or have settled in communities. Some of the main challenges faced by Kuchis include access to pasture land, and basic services such as health care, education and employment. It is understood that in some provinces they have also been denied identity cards by the local authorities. 36. The rights of Kuchis are guaranteed under article 14 of the Constitution which obliges the Government to implement effective programmes to “improve economic, social and living conditions” of the Kuchis and to adopt measures for the “provision of housing and distribution of public estates to deserving citizens”. However, IDAK estimates that only 30 per cent of Kuchis have received their identity cards and are thus registered as citizens. Kuchis have been allocated 10 seats (7 for men and 3 for women) in the National Assembly (as they are predominantly Pashtun, this is also seen as benefiting one group with a higher percentage of seats). Without citizenship, the majority is unable to register to vote. A third measure, a 2007 Presidential Decree, granted the Kuchis the right to acquire 10 per cent of municipal housing and it allocated land to settled Kuchi communities. The slow and patchy implementation of this policy points to the gap between legal guarantees and their accomplishment. 37. The disruption of their nomadic lifestyle through conflict and drought, as well as a lack of clear government policy on land tenure and pasture rights, has brought the Kuchis into conflict with settled communities over access to land and resources. The Government has been unable to resolve a long-standing dispute between the Kuchis and settled Hazara populations over access to pasture lands in parts of the Central Region and Central Highlands. This year again witnessed violent clashes between the two groups in Behsud district of Maidan Wardak province, which, according to a joint Office of the United Nations High Commissioner for Refugees (UNHCR)-UNAMA mission, resulted in at least 23 deaths, the displacement of more than 6,000 families and destruction to property, which for the first time included mosques. These figures exclude victims among the Kuchis. V. IMPUNITY A. Transitional justice 38. Re-establishing the rule of law and ending impunity for past crimes remain crucial to combating a deeply entrenched culture of impunity that, in turn, is essential to securing a just and lasting peace. Individuals suspected of having committed gross human rights violations have still not been held to account and quite a number hold and continue to be appointed to high-ranking positions of authority, both at the central and local level. Not only is this a violation of Afghanistan’s international obligation to fight against impunity for serious international crimes, it also compromises public confidence in the Government and its international partners, undermines the legitimacy of public institutions, in particular law enforcement and judicial, and reinforces the prevailing impunity for human rights violations. 39. The Action Plan on Peace, Reconciliation and Justice adopted in 2005 represented the broad framework for addressing the past and building a society based on the rule of law. Its time frame indicated that it would meet its objectives by the end of 2008. The Action Plan has not

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