In accordance with the Bonn Agreement, and with the assistance of the United Nations, the Afghan Independent Human Rights Commission (AIHRC) was established in June 2002. The Afghan Constitution, ratified in January 2004, establishes the AIHRC with a constitutional mandate. Its powers and responsibilities include human rights monitoring, investigation of violations of human rights, and the development of domestic human rights institutions and education. The Commission is currently headed by Sima Samar, (formerly Minister for Women’s Affairs in the Interim Administration) and has established offices in Kabul, Gardez, Jalalabad, Mazar-e Sharif, Herat, Kandahar, Feyzabad and Bamiyan.
The Office of the United Nations High Commissioner for Human Rights has worked with UNAMA and the AIHRC to build the latter's capacity and develop a programme of work focusing on four main areas of activity: institution building, women's rights, human rights education and transitional justice. The UK has contributed £1 million to this programme.
The human rights situation in Afghanistan has improved since the collapse of the Taliban regime. There are continuing reports of human rights abuses concentrated in rural areas where the rule of law is weakest and armed militia groups are still active. The AIHRC investigated over 2000 allegations of abuse in its first year of operations, including arbitrary arrests and detentions (including in private prisons), torture by militia groups and police, destruction and confiscation of property, rape, forced marriage and abductions.
Political Rights and Freedoms
The National Report on the Joint Verification of Political Rights released in July 2004, the first report by UNAMA and the Afghan Independent Human Rights Commission on political freedoms in Afghanistan, gives a mixed assessment of the ability of the people to exercise their political rights. Although there are encouraging signs of emerging political pluralism in parts of the north and east, the AIHRC and UNAMA report restrictions on political freedoms in areas of the south and south-east. We are encouraging the Afghan government and provincial governors to ensure that political freedoms, such as the right to form and support political parties and to vote freely, are fully respected.
Transitional Justice
In early 2005 the AIHRC published a report on past human rights violations in Afghanistan, 'A Call for Justice'. This contributed to the debate on transitional justice, which led to the Government of Afghanistan adopting an Action Plan on Peace, Justice and Reconciliation. The Plan demonstrates the Government's determination to deal effectively with alleged historical and ongoing human rights abuses. This is a vital step towards national reconciliation, lasting peace, stability and the creation of a human rights culture in Afghanistan.
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A Call for Justice (PDF, 642K) |
Death Penalty
Afghanistan retains the death penalty under the new Constitution. All death sentences require the approval of the President. A moratorium on executions ended on 20 April 2004 when President Karzai authorised the execution of Abdullah Shah, a militia commander convicted on 20 counts of murder. The UK is concerned by the lifting of the moratorium and continues to lobby at the highest levels for an end to the death penalty. It is not yet clear whether the Afghan government will carry out any further executions, although the courts continue to hand down the death sentence in some cases.
