Linking Transitional Justice and Reconciliation in Afghanistan

This paper looks at transitional justice and reconciliation in Afghanistan. They main objective is to link debates concerning TJ and reconciliation as a vehicle to transform the conflict ridden society of Afghanistan to a secure, stable, democratic and progressive society. It aims to show despite fundamental interconnectedness the two processes are often perceived by the political elites to be undermining one another.

This paper is divided into three parts. The first part looks at the TJ process and the challenges ahead of it. The second provides a brief overview of conciliatory initiatives in Afghanistan and shows how short-term political undertakings to stabilize the country have failed. The third and final part discusses the fragility of peace without justice.

It concludes that the prevailing culture of impunity combined with a failure to address past abuses and injustices threatens state-building, the rule of law, and the ability to foster a durable peace and a democratic government in Afghanistan.

The central argument of this paper is that justice and reconciliation are the two sides of the same coin and can only be achieved if pursued together as key elements of stabilization of the country after three decades of violence and instability. It thus stressed the need for connecting the processes and debates on transitional justice and reconciliation in the country.

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ICTJ recently has published a number of fact sheets/brochures on some core principles of transitional justice and also some examples in transition countries. Afghanistan Watch contextualised and translated them for Afghan audiences. They look very useful for the Afghan people and TJ activists.

“Afghanistan Watch” has newly started its activities as the Afghan member of the Coalition for International Criminal Court (CICC). The first activity of Afghanistan Watch was organizing a consultative meeting titled as “Obligations of Afghanistan under ICC” which was held on October 24, 2009 in Roby Hall of the City Center/ Kabul, Afghanistan. The meeting was attended by representatives of Afghanistan justice and judicial sectors, civil society organizations, legal experts and representatives of international human rights organizations.

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During the five years not only nothing took place but also some of the people who are accused of crimes, were protected and put at high places in the government. Some of these people are even now persecuting people. This issue has caused some people to develop complexes and join the opposition; the attack on commander Khano in Helmand cost the lives of 23 other people is one of these instances

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My two brothers were killed at Afshar. One of my brothers was killed beside the shrine of Shahid Ismael Balkhi as the result of shooting from Kafar-Koh a month before the Afshar massacre while he was carrying a wounded child to the hospital and the other was killed in the Afshar massacre. I will not forget my brothers murder till the day of my death. We will never forgive the murderers. If the parliament of Afghanistan wants to forgive the murderers of my brothers, this will be betrayal. I will never accept it. Khan Mohammad (not his real name). Afshar village. February 11th 2007.

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A comparative overview of transitional justice processes in two post-Conflict South Asian Countries: Nepal and Afghanistan.

Old social tensions and rifts characteristics of these multi-ethnic societies were reopened, intensified and politically exploited as ideological and political groups tried to establish social bases and claim political and ideological legitimacy in their bids for power and supremacy. As a result, the two countries face the daunting challenges of rebuilding social trust, healing the wounds of war, violence and massive human rights violations and finding common ground and roots in their painful histories, in order to break with the past and consolidate the fragile peace, stability and recently built-democratic structures.

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Mr. Sayaf calls reports of the AIHRC, HRW and other human rights activists accusing him of human rights violations, partial. He has not addressed the criticisms, concerns and accusations of the victims families and those who have lost their limbs in the massacre. By Abdul Jalil Benish the SALSAL WEEKLY (Kabul) December23, 2006

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