Speech of Director of Afghanistan Watch for the 10^th Session of Assembly of States Parties (ASP), United Nation Head Quarter, December 16, 2011-New York

Distinguished members of the Assembly of States Parties of the ICC, Excellencies, ladies and gentlemen:

My name is Jalil Benish of Afghanistan Watch from Kabul, Afghanistan, speaking on behalf of my colleagues in the Coalition for the ICC- Asia-Pacific.

We are witnessing a definite trend towards accountability for the most serious crimes in the Asia Pacific – a region that has seen horrible atrocities being committed in the past and present and yet is one of the most underrepresented before the ICC. Of the six ratifications for 2011, three of them – the Philippines in Southeast Asia, Maldives in South Asia and Vanuatu in the Pacific are in Asia-Pacific, bringing to a total of 17 the states parties to the ICC from the region. On this occasion, we would also like to commend the government of Malaysia for having completed the necessary steps within the domestic level for accession to the Rome Statute, and call on it promptly deposit its instrument of accession, thus bringing to 18 the total number of states parties in the region.

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 funded by US embassy in Kabul.  18 young and educated women who were selected from Mazar, Hirat and Kabul cities through a competitive process participated in the training. These trainings that have been organized for six months include two phases: theoretical trainings on research skills and methodology and practical trainings on women participation in the last two rounds of parliamentary election in the mentioned 3 provinces. In the first phase of trainings, participants were introduced to basic research concepts, research skills and methodology in social sciences as well as writing skills. The trainers included Afghanistan Watch researchers and other researchers from different research and academic institutions.

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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 was chosen by the Assembly of States Parties to the International Criminal Court (ICC) as International Criminal Justice Day during the Review Conference in Kampala, Uganda in June last year. The date was chosen to commemorate the anniversary of adoption of the Rome Statute, the founding document of the ICC in 1998.

Afghanistan Watch, as a member of the Coalition for the International Criminal Court, see the celebration as a landmark step in international efforts to end a culture of impunity for some of the most heinous crimes. The organization also would like to take the opportunity to express its solidarity and support for global efforts for justice and accountability.

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 office of Afghanistan Independent Human Rights Commission in Mazar –e Sharif on June 02, 2011. This was the third conference from the series of consultative conferences organized by Afghanistan Watch. The first consultative conference was conducted in Hirat city on May 02, 2011 attended by Hirat based civil society organizations and victims of the March 15, 1979 massacre in Hirat. The second conference was conducted on May 26, 2011 in Kabul main office to get feedbacks regarding Afshar massacre.  These conferences make part of Afghanistan Watch “massacre documentation” program. The objective is to collect feedbacks and recommendations from civil society organizations and victims while documenting the massacres.

The Consultation conference was designed for one day. Almost fifty participants representing victims and civil society organizations attended the conference. The conference was started by welcoming remarks from Abdul Jalil Benish, chairman of Afghanistan Watch. Mr. Benish while briefing on objectives of the conference and Afghanistan Watch documentation program, said:” for making a stable peace in Afghanistan we need to do justice. In the absence of justice and neglecting the past grievances there won’t be any stable peace. We should not let the government to turn immunity into a culture. For making a stable and just Afghanistan we need to break the chain of immunity and stop recurrence of crimes. Unfortunately, for the time being the Afghan government is avoiding the responsibility. This is the Afghan civil society organizations and Afghan people that must do their best for securing justice and stopping recurrence of the disasters.”

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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 Kabul main office on May 26, 2011. This was the second conference from the series of consultative conferences organized by Afghanistan Watch. The first consultative conference was conducted in Hirat city on May 02, 2011 attended by Hirat based civil society organizations and victims of the March 15, 1979 massacre in Hirat. These conferences make part of Afghanistan Watch “massacre documentation” program. The objective is to collect feedbacks and recommendations from civil society organizations and victims while documenting the massacres.

The Consultation conference on Afshar Massacre was designed for one day. The conference was started by welcoming remarks from Abdul Jalil Benish, chairman of Afghanistan Watch. Mr. Benish while briefing on objectives of the conference and Afghanistan Watch documentation program, said:” though in current situation of Afghanistan this isn’t easy to document massacres committed in the country but, if we want to address past grievances and collect evidence on the past conflicts, we have to tolerate all difficulties ahead of documentation and with understanding the value of time, try our best to avoid elimination of evidences and documents.”

He added:” Afghanistan Watch has identified 15 major massacres committed in Afghanistan during the last decades and is planning to schedule their documentation. Currently the Organization is working on documentation of Hirat March 15, 1979 massacre, Afshar massacre, and Mazar –e Sharif massacre. Fortunately, our work on these cases has been quite successful so far. We congratulate this success as an important step towards securing justice, for justice seekers of Afghanistan, Afghan human rights and civil society activists, victims and the people of Afghanistan.”

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On Monday, May 2, 2011 Afghanistan Watch organized a Consultation Conference with Victims of 24 Hut Uprising of March 1979 and Civil Society organizations based in Herat. The event was held at the conference room of the Regional Office of the Afghanistan Independent Human Rights Commission (AIHRC) in Herat.

The event brought together some 47 participants of different social, historical and political groups in Herat. They included participants and witnesses of the uprising as well as authors, cultural figures and representatives of civil society organizations with knowledge and keen interest in the history of the region.

The conference was a key component of Afghanistan Watch’s ongoing efforts to document and investigate the popular uprising of 15 March 1979 in Herat against the Soviet-backed government of Hizb-e Democratik Khalq or People’s Democratic Party of Afghanistan(PDPA). Since November 2010, when Afghanistan Watch opened a field office in the city of Herat it has been making systematic efforts to document and establish the truth of the 24 Hut uprising and the government response to those participating in the bloody revolt. During the past months, the organization through its dedicated team in Herat has been collecting hundreds of testimonies of victims and witnesses of the uprising. In addition to these crucial personal stories, information and evidences have been gathered from a number of secondary sources.

By Husain Moen, a Human Rights Analyst

It is clear that justice and peace are among the most desired and universal values of human beings. Also, it is clear that these two values are vague. In some cases, numerous interpretations of these two values have caused contradiction for some people and compatibility for some others. Some people think that in case of having peace and reconciliation, justice is sacrificed. We should not prefer peace to justice. Some others think that there would be no justice without peace. Many others are of the opinion that in the absence of justice, peace would not remain stable. Now the question is this that, apart from different interpretations and conceptions from peace and justice, which one of the above stands can better match the current socio-political circumstances in Afghanistan and which one should be prefer for the time being?

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Interview with Ms. Fawzia Kofi, Head of Women Affairs Committee at Afghanistan Parliament

Kofi: if Afghan government persists to follow its reconciliatory efforts while ignoring the parliament, political parties, Afghanistan citizenry, and civil society organizations as the main party to the conflict these efforts will result into violating citizenship rights and can do nothing for peace. Naturally, those opposing the process will get frustrated and start a new internal conflict. Keeping in mind that Afghanistan hasn’t disarmed all illegal groups and individuals, if these groups see that their interest aren’t served through democratic processes, the easiest way for them would be to start violence as Taliban is doing it.

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By Dr. Mohammad Jawad Salehi, PHD political science/ Political analyst and university professor

After collapse of Taliban in late 2001, the dominant understanding was that the group had been eliminated from Afghanistan political arena and that the group will be able to claim ground in a foreseeable future. Therefore the Bonn Conference laid down the structure of the new Afghan Administration without giving any role to Taliban. Now, after  years from the new administration, Taliban has reorganized itself as a serious challenge for Afghan government and the international community.

The government of Afghanistan, the international community and the political analysts has proposed various approaches including military, reconciliatory and a mixture of the two options to overcome the current challenging situation. The government particularly, is emphasizing on reconciliation and Hamid Karzai keeps calling Taliban members as “brothers” and so far has taken many steps towards bringing Taliban on the table including establishment of the High Peae Council to name one; even the government in order to gain trust of Taliban has been ignoring their terroristic activities and tries to make them somehow acceptable to public opinion.

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By Yaseen Rahyab, Researcher in International Affairs

Peace and security is one of the natural needs of humankinds and it serves as a precondition for a sound and civilized living environment in any society. The country’s leadership should have the capacity and talent to reconcile with all players involved in Afghanistan insurgency. However, if the price of reconciliation with armed insurgents is paid by discontent of Afghan citizens and international community such peace- talks won’t be favorable anymore.

The Taliban peace- talk agenda was, for the first time, officially discussed at London Conference in early 2011. Participants of the Conference in their final statement officially announced their desire to support the Afghan government peace- talks with Taliban.

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By Saifuddin Saihon; Professor at Economics Faculty/ Kabul University

The on-going, long-lasting and resurgent conflicts in Afghanistan and endless insurgency of belligerent factions aimed at fortifying their position and hegemony for looting public properties, and transcendence over economic resources, taking money by force, killing innocent people by the name of totalitarian and justifying ideologies have resulted into extensive devastations. Continued insurgencies in the wake of interferences of foreign elements and expansion of resistance against those elements caused into some negative consequences such as collective massacre and the “burning farm policy”. This fact has revitalized the sense of revenge in Afghanistan barbarian and traditional society and to heal the wounds originating from atrocities, there has been no attitude based on mutual understanding or any cultural and civil mechanism in place to strengthen the spirit of forgiveness. Under domination of war elements criminal liability of serious offenders has also been ignored from legal perspective.

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By Muhammad Hussain Saramad, Writer and Researcher

The officials of High Peace Council have directly and indirectly said that we should accept some of the options of the Taliban and have demanded for the release of Taliban leaders.

However, talks with the Taliban have popped up major concerns and questions: On what issues the government will show resilience in talks with the Taliban? Will human rights, women rights, democracy, constitution and civic values be sacrificed for the purpose of talks with the Taliban? If it is so then will Afghanistan be caught again in the paws of the Taliban?  If it is not so, then will Taliban accept these civic values? What are the preconditions of Taliban for peace talks as High Peace Council talks about? In all, where will Afghanistan head to after the reconciliation with the Taliban; violence and genocide of 90s or moving out of the current war?

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Interview with Muhammad Sarwar Jawadi, Former MP and Politic Analyst

Jawadi: 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.

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By Ali Amiri

It is increasingly evident that peace with the Taliban has turned to be the main goal of Afghan government. The government of Afghanistan has sent many green signals to the Taliban during past one year, which indicates the importance of a political settlement for the Afghan government. Long before, President Karzai called Mollah Omar “brother” and requested him personally to stop fighting and join peace process. On different occasions, the President has been repeating this request.

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By Jawad Naji

The year 2010 is perhaps, an important year in the new political system of Afghanistan. Besides the issues of security, corruption, elections and the exit plan of international forces, the most important discussion of 2010 proposed by the government of Afghanistan, was negotiation and reconciliation with the Taliban. In the early days of Mr. Karzai’ government there was an international and political intention against the Taliban to oust them from the region. It seemed that the trend would continue and the return of Taliban was improbable. Now, there is no talk of defeating and removing the insurgents but they are assumed as the second party to be negotiated with. There were talks of government’s stance and direct and indirect contact through with the Taliban, particularly through the commission for strengthening peace, but after the London Conference the discussion of talks with the Taliban became official.

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