National Reconciliation at the Cost of the Victims?

A new law has been proposed in Afghanistan to pave the way toward national reconciliation by guaranteeing all groups involved in the war during the past 28 years immunity. Ratbil Shamel with details

In Afghanistan, a heated battle has flared up between moderate forces and former fighters

All is to be forgiven and forgotten. The future, say the initiators of the amnesty law in Afghanistan, is more important than the bloody, war-torn past. Now the second chamber of parliament and the president just have to pass the draft legislation. But things aren’t that simple.

Without justice there can be no peace, proclaim many human rights activists in Afghanistan. They demand that proceedings be launched against the country's war criminals.

The majority of the "ulusi jirga," the first chamber of the Afghan parliament, which is dominated by former warriors, sees things differently. They believe that, without immunity for all those involved in the war, the land in the Hindu Kush mountains will fail to find peace, and the civil war will be never-ending.

Mujaheddin to be exonerated

A few weeks ago, a group consisting primarily of former Mujaheddin leaders and current members of parliament brought the bill for national reconciliation before the "ulusi jirga." And last week, a great majority of the representatives accepted the draft legislation.

The bill comprises eleven points. The first is that the former Mujaheddin should be honored and, in view of their services to their religion and fatherland, should be exempt from all attacks and accusations.

The second, and most controversial, point is explained by Saleh Registani, a representative in the "ulusi jirga," as follows: "All of those involved in the war during the last 28 years are to be granted immunity. In addition, no one should any longer have the right to take a specific political group to court for war crimes."

Registani believes that this is the best way of ensuring peace in the country. If the state no longer persecutes anyone, no one will feel the urge to fight against it anymore.

Endorsers of the new law present two additional arguments in its defense: Since the Prophet Mohammed forgave all his adversaries after conquering Mecca, the Afghans should do likewise. And since Afghanistan is a third-world country, it should follow South Africa's lead by renouncing retribution.

War victims not heard

These arguments don't persuade everyone, however. For several days now, loud protests have been voiced. Farid Mutaqi, speaker for the independent human rights commission, does not think the Afghan parliament is in a position to make decisions on war crimes.

The victims of the wars in Afghanistan have the sole right to decide whether or not to excuse war offenders in their country, according to Mutaqi: "We should ask those mothers and fathers who have lost their children. We should ask women who were raped, and children who watched their family members die."

But the voices of the victims of the many wars are precisely those the majority of "ulusi jirga" representatives are evidently not interested in listening to. They seem to want to simply put an end to the debate on war crimes in Afghanistan.

For many observers, the new law is a response to the latest reports by human rights organizations on the situation in Afghanistan.

The international "Human Rights Watch" group, for example, published in January a report accusing not only Taliban chief Mullah Omar and terrorist leader Gulbuddin Hekmatjar of disregarding human rights, but also ministers in the present government and members of parliament.

Karzai under pressure

This is just the kind of attack the amnesty law is designed to put a stop to. No one should be entitled to criticize the Mujaheddin in the future. In the opinion of Afghan intellectual Qasim Achgar, the time is ripe for the new legislation.

In order to finally establish peace in the southern part of the country, President Karzai needs the support of the so-called "Council of Security" and the backing of many tribal chieftains and former Mujaheddin, Achgar points out. "Karzai knows that, without these people, he cannot take action against the Taliban in the South. So he must bend to their wishes, for better or worse."

Karzai is undoubtedly in a difficult position. The situation in the southern and eastern parts of the country is anything but satisfactory. Unrest and illegal drug cultivation there are increasing from month to month. The Afghan president hopes that his new initiative will help him make some progress on this front.

Tribal leaders and influential local figures, including many former Mujaheddin chiefs, should look for mutual ways to resolve the conflict with the Taliban. Hamid Karzai must rely here on the cooperation of the conservative majority in the "ulusi jirga." And it is just this group that is demanding that he sign the bill for national reconciliation into law.

New law puts regime to the test

Karzai was reticent for a few days after the law passed its first major hurdle. But after the public outcry grew louder, he had his speaker, Karim Rahimi, announce that, according to the constitution of Afghanistan, no one is allowed to pardon a true criminal.

Rahimi went on to explain that, although the President did not reject the law, he did not want to put his name to it. He had commissioned an expert group to examine whether the new law was constitutional. Judging from past experiences, this could take months.

In the end, however, observers anticipate that the President will have no choice other than to accept the amnesty law. With so many against him, he simply cannot afford to incur the enmity of the former Mujaheddin as well.

Security, according to a recent comment by Defense Minister Rahim Wardak, takes precedence over democracy. This is exactly what many in the Afghan government are also thinking these days.

If the new law is actually passed, onlookers fear that many democratic forces could turn away from Karzai in disappointment. They suspect that this act could have fatal consequences for the process of building a civil society in Afghanistan.

Ratbil Shamel

Translated from the German by Jennifer Taylor-Gaida

Qantara.de

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