Kabul/Brussels, 28 January 2003: The rebuilding of Afghanistan's
legal system after 23 years of war is being seriously hampered by lack of
international action and domestic political infighting. A new report published
today* by the International Crisis Group (ICG) says that those judicial institutions
that do exist are desperately short of funds and trained staff, and susceptible
to bribery and intimidation. Moving towards the rule of law is a vital part of
peace building in Afghanistan, but it is not being given adequate attention
by the Transitional Administration or the United Nations. Italy, which hosted
the December 2002 Conference of Rome on Justice in Afghanistan, should ensure
that funds pledged at the conference are expeditiously channelled.
In the report, ICG calls on President Hamid Karzai to
request the retirement of the Supreme Court Chief Justice, Fazl Hadi Shinwari.
Shinwari is much older than the maximum age of 60 allowed by the constitution,
and does not have formal training in secular sources of law – an implicit
requirement in the constitution. A cleric with strong links to a fundamentalist
political party, Shinwari has expanded the number of Supreme Court judges from
nine to 137, many of whom are also unqualified in secular law. There are
serious tensions between the Chief Justice, the Minister of Justice and the
Attorney General’s office.
ICG Asia Program Director Robert Templer said:
"While the international community has dithered over judicial reform, there are fears that
the Afghan justice system has been taken over by hard-liners before the Afghan
people have had a chance to express their will in a democratic process. It is
up to the new independent commissions established under the Bonn Agreement of
December 2001 to oversee the rebuilding of the judiciary, the drafting of a new
constitution and selection of civil servants. The Bonn Agreement also
re-established the 1964 Constitution as Afghanistan's
key legal document until a new constitution is complete. These commissions must
have their independence assured and ISAF should be prepared to protect
commission workers where needed.
The UN and the Transitional Administration have done little
to press accountability for past human rights abuses and President Hamid Karzai
has described justice as a 'luxury for now.' This means that militia commanders
who control much of the country can continue to abuse human rights with
impunity and most Afghans remain afraid to speak publicly about their concerns.
ICG Senior Analyst Vikram Parekh said:
"Justice is not a luxury. It is a vital component of any lasting peace and durable reconstruction
and so should be a top priority for the Transitional Administration and the
international community. Without a functioning legal system, Afghanistan
will be unable to develop a proper government, attract investment, deal with
drug production, settle property disputes, ensure that the rights of all
citizens are protected, and move towards reconciliation."
*
Afghanistan: Judicial Reform and Transitional Justice
MEDIA CONTACTS
Katy Cronin (London) +44.20.86.82.93.51
email: [email protected]
Francesca Lawe-Davies (Brussels) +32-(0)2-536.00.65
Jennifer Leonard (Washington) +1-202-785 1601
Read the full ICG report on our website:
www.crisisweb.org
