Security vs. Reconciliation: The Afghan Conundrum The New York Review of Books / By Ahmad Rashid / February 6, 2012 The following is taken from the author’s written briefing for the Munich... Read more
Winning Hearts and Minds? Examining the Relationship between Aid and Security in Afghanistan Feinstein International Center / By Paul Fishstein and Andrew Wilder / January 2012 This paper by Paul Fishstein and Andrew Wilder presents... Read more
Afghanistan’s Paramilitary Policing in Context. The Risks of Expediency Afghanistan Analysts Network(AAN) Despite representing the bulk of Afghanistan’s post-2001 policing, the paramilitary dimension of the Afg... Read more
Kabul's Stealth Attack on Human Rights New York Times / By PATRICIA GOSSMAN / December 26, 2011 Watershed moments in Afghanistan happen by stealth. Last weekend — the anniversary... Read more
The Battle for Schools: The Taleban and State Education Afghanistan Analysts Network (AAN) / By Antonio Giustozzi / December 13, 2011 This new AAN report by authors Antonio Giustozzi and Claudio ... Read more
The Past is Here to Stay: Listening to Afghan Voices on Justice and Reconciliation Afghanistan Analysts Network(AAN) / By Sari Kouvo /November 27, 2011 The abuses and violations suffered by Afghans during the conflicts a... Read more
Peace offerings: Theories of conflict resolution and their applicability to Afghanistan Afghanistan analysts Network (AAN) / January 28, 2011 Despite the recent deployments of more troops and greater military resources to Afgha... Read more
Afghanistan endgame: Body formed to pave way for Taliban talks The Express Tribune / January 28, 2011 akistan and Afghanistan have established a joint commission to work out modalities for direct negoti... Read more
Taliban 'receptive to overtures for peace' The Telegraph / By Duncan Gardham /January 28, 2011 The number of “expressions of interest from senior members of the insurgency” have “di... Read more
The Washington Afghan officials want to prol Post / January 26, 2011 Afghan justice and security officials want to adopt the U.S. practice of detaining suspected insurgents indefinitel... Read more

17 July 2011
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Statement of Afghanistan Watch on the International Criminal Justice Day   This year for the first time in world history, 17 July is celebrated as International Criminal Justice Day. The day More...
18 July 2010
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17 civil society actors, representing more than 200 civil society organisations, and several media organisations, unite before the approaching Kabul Conference to ask the Afghan Government to pass More...
10 December 2009
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Statement of Afghanistan Watch on the 10th of December the Universal Human Rights Day and Victims Day in Afghanistan The 10th of December is the Universal Day of Human Rights and officially More...
05 April 2009
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President Karzai has recently signed Qanon-e Ahwal-e Shakhsiah Ahl-e Tashaio’a, or the Law on Private Matters of the Shiites, a new legislation dealing with the private matters of the Shiite More...

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Haqiqat 34 contains news from Afghan print media with following details: Peace and Reconciliation with the Taliban: Sayed Yusuf Reza Gilani, the More...
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Haqiqat 33 contains news from Afghan print media with following details: Reconciliation and peace talks with the Taliban: The investigation into the More...

05 March 2012
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KABUL, AFGHANISTAN. Diverging views and growing skepticism regarding the current situation of political settlement and governance in Afghanistan marked a lively roundtable hosted by the Center for More...
19 December 2011
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Speech of Director of Afghanistan Watch for the 10th Session of Assembly of States Parties (ASP), United Nation Head Quarter, December 16, 2011-New York Distinguished members of the Assembly of More...
13 September 2011
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For increasing research capacities inside the country, a 10 day theoretical training program called” research training for women” was conducted by Afghanistan Watch in Kabul. The training was More...
02 June 2011
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The “Consultation Conference with Civil Society Organizations and Victims of Mazar –e Sharif 1377 Massacre” was the title of another conference conducted by Afghanistan Watch at the regional More...
26 May 2011
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The “Consultation Conference with Civil Society Organizations and Victims of February 10, 1993 Massacre in Afshar, Kabul” was the title of a conference conducted by Afghanistan Watch in its More...

The High Peace Council has no legal basis in Afghanistan laws

JawadiInterview with Muhammad Sarwar Jawadi, Former MP and Politic Analyst

Interviewer: Jawad Najee

Afghanistan Watch: The civil society and human rights organizations have on occasions expressed their concerns on the process of reconciliation with the Taliban. What are the reasons behind these concerns in your opinion?

I think there are some issues to be considered. First, Taliban’s regional supporters, mainly Al-Qaida with background in terrorist activities in the region are not in the favor of negotiation and peace-talks. Second, the government of Afghanistan does not identify the second party to negotiate with. Third, Taliban has no firm intention to enter into peace negotiation. Also, there are concerns over legal and judicial issues; Taliban are regarded as a criminal group and many of their leaders are included in the black list of war-criminals.

Another point is the violated right of the masses who were the victims of political dealings during last three decades. Let’s say we agree on a peace plan, is it worth to sacrificing the rights of millions of people considering the fragile situation and the hopelessness that persists among people? I believe people are concerned about these issues.

Afghanistan Watch: You mean people are concerned about the implementation of transitional justice?

Yes, this concern is related to two areas. At first, the government of Afghanistan is contaminated with human rights violations. It has not implemented the transitional justice and laws accordingly. Secondly, the government is entering into talks with a terrorist group which is notorious in Afghanistan, the region and the world for committing crimes against humanity.

Afghanistan Watch: What is it that the government wants to achieve in negotiation with the Taliban?

Taliban has strong ethnic tendency and a part of their demand is based on this point. We must not forget that the Afghan Kings used this same policy during their rein for 3 centuries; whenever they lost their national bases they returned to their ethnic support bases through which they survived for sometimes. I believe that the current government of Hamid Karzai and his team wants to use the same formula of their ancestors. They have found out that they have no popularity and support in major parts of the country and thus they want to stay in power for some more days through their ethnic support bases so that they could show the international community that they are still in power.

Afghanistan Watch: Does this mean that a particular ethnic interest is the most important motives of the government in negotiation with the Taliban?

Yes. But the High Peace Council includes representatives from all ethnic groups and is claimed to be acting independent of government. How do you analyze this situation?

The High Peace Council is appointed by Mr. Karzai himself. This council has no legal and judicial bases in the laws of Afghanistan. Therefore, any institution that is appointed by an individual and lacks judicial and legal bases then has no authority to make any decision or judgment either.

I believe that Mr. Karzai wants to have an excuse for his work by bringing faces to the High Peace Council who are claimed to be leaders of particular ethnicities with known ethnic and sectarian backgrounds. These faces are not liked by the Afghan society either. Mr. Karzai and his team want the policy to be justified by others. If one day the victims of the mass killings in Shamali, Bamyan, Yakawlang, Mazar and Jawzjan questions why he makes peace with the murderers he can point out that the deal was not his but rather of the other leaders who one day fought the Taliban. Although High Peace Councils says that they work separately from the government but they must accept that they are appointed by one person. Had they been elected through the parliament or Loya Jirga, we could say they were representing the people and had the authority to make peace.

Afghanistan Watch: Earlier you said that the government itself is the violator of human rights. The government is a composition of jihadi groups then don’t you think that the implementation of transitional justice is more required to reform the government?

When we talk of human rights violations, we actually mean two things: first, anything that a person or an individual does and second, any action as a result of which the rights of a nation or society is violated. The current government unfortunately is an example of both of the above definitions. In this government there are people who violated human rights and citizen’s rights and those who committed crimes. Secondly, the government as a whole violated the laws of this country during past 9 years. In implementing the law they did discriminations and discrimination is regarded as violating the rights of a society and a people.

With no doubt, if we expect that those who never accept these government will consider justice or implementing justice in the future then it is a false assumption and I think the government has to, at first, reform itself.

Afghanistan Watch: Because the anti-government groups also say that if I have killed people in the past then you have done the same thing too. On what basis you want to try me? Therefore, don’t you think that this government has no authority to talk with the armed insurgents or in implementing the process of transitional justice?

The government has taken some steps only to show it has the public support like the regional peace jirga which is against the laws of Afghanistan. After that the government formed the consultative peace Jirga, which didn’t have any outcome either. The representatives were only invited by the government. Their aim was to say that it is the demand of Afghan people to talk with the insurgents. They also referred to the High Peace Councils as one of the demands of the consultative peace jirga. While it is obvious from its name, the consultative peace meeting was meant to provide suggestion not practical implementation. Therefore, it shows that it is only the intention of Mr. Karzai and nothing more than that. Furthermore, the composition of consultative peace Jirga was also interesting. From 1470 members of the peace Jirga, 1130 of them were Pashtuns. You can judge now.

Afghanistan Watch: Will the government pursue this policy when the people and the civil society oppose this policy?

The government has taken some steps only to show it to have public support like the regional peace summit which is against the tribal structure of the country and against the laws of Afghanistan. After that the government formed the consultative peace Jirga, which didn’t have any outcome either. The representatives were only invited by the government. Their aim was to say that it is the demand of Afghan people to talk with the insurgents. They also refer to the Supreme Council as one of the demands of the consultative peace summit. While it is obvious from its name that the consultative peace meeting was meant to provide suggestion not practical implementation. Therefore, it shows that it is only the intention of Mr. Karzai and nothing more than that. Besides the composition of consultative peace Jirga was also interesting. From 1470 members of the peace Jirga, 1130 of them were Pashtuns. You can judge now.

Afghanistan Watch: The members of High Peace Council visited Pakistan and it seems that both the countries have decided to hold a Jirga. Do you think this Jirga can help to support the peace process in the country?

The main question is that why should there be peace talks with Pakistan? Pakistan is regarded as the main reason behind the instability inside Afghanistan by the High Peace Council members and the Afghan state. If it is so then what is the job of the diplomatic organs of this country. Why shouldn’t we talk directly through our government channels with a country that is deemed to have caused all the troubles here rather we have chosen those people who were linked with Pakistan in the past, raised there and supported by Pakistanis and now they lack every kind of authority?

If the government of Afghanistan does not believe this, why does it not talk directly with those who are the main forces behind instability inside Afghanistan rather than those who have no authority? These all shows that the Afghan government is only punching in the air.

Such Jirgas will have no achievements in bringing peace in this country. It will only strengthen the position of Pakistan in the region. At first Pakistan will reinforce its friendship with those who were cut off from this country long before due to regional issues. Secondly, after buying these people Pakistan will be able to slow down the process of peace talks and thirdly Pakistan wants to show the world that it is the main player in the game of Afghanistan.

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Based in Kabul, the Afghanistan Watch focuses on activities that promote justice, respect for human rights and a culture of accountability and transparency in the country. Recognizing the need for greater understanding of the perils and opportunities facing Afghanistan today, the organization aims to conduct in-depth research and publish reports and papers on issues relevant to its goals and values independently or in partnership with other national and international organizations.

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