The High Peace Council has no legal basis in Afghanistan laws
Interview 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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