In the name of Almighty Allah
Civil Society and Human Rights Network (CSHRN) Announcement In connection with the latest decision of National Assembly
31 January 2007
Afghanistan as one of the most vulnerable countries in the world from the view point of the continued calamities arising from conflicts, war and human crimes, violations of accepted international human rights, cultural, political and social treaties, once again comes under new crisis and threatens the new opportunities gained with much problems and sufferings. The innocent people of Afghanistan who are the main victims of these crimes were excluded from participating while member of Wolesi Jirga were deciding upon impunity of war criminals.
On 21 January 2007 , the National Assembly of Afghanistan approved a new charter under the name of Conciliation and National Stability. The charter by the Afghan parliament which legalizes the safety against the past crimes in Afghanistan is a strong blow over the infant body of democracy, human rights values and ensuring the rule of law in this country. Approval of this decision is against the customs of international laws, the four humanitarian conventions based on the responsibilities of the states towards the citizens under the oppressions of war and internal and regional disputes, international treaties of civil and political rights, international statement of human rights and the human rights values. On the other hand the approval of this decision brings under question the justice process and integration of legal governance in the government and severely damages the civil society values.
Rule of law is based on justice principles. Ensuring justice is a precondition for ensuring democracy and the expansion of the role of people in the national governance, security, peace and stability. We can learn this principle from the prominent examples of international communities.
The approval of such decisions severely damages the state building process and providing opportunities for nation building in the country as a vital value. Such decisions which are made in contrary to the people’s will, without discussing it with other social entities such as civil society, political parties, the private sector and the media sector will bring about risky and unpleasant consequences. The approval of such decision will damage the support of international community for Afghanistan which is approaching democracy and legality. The charter also has cavities from the view point of law. Afghanistan as the member of the international community can not be abstracted from the international treaties. The alignment of the international laws with the civil law is one of the customs of constitution of Afghanistan . The ratification of such decision is arising from lack of knowledge of the members of the National Assembly.
Civil Society and Human Rights Network which consists of 58 civil and human rights entities asks the Afghan parliament to investigate the issue and try to avoid undermining the will of the people based on the peace stabilization, security and justice and allow the justice to be ensured and regarded as a vital element to reaching a society based on the Islamic and human rights values.
Civil Society passes the responsibilities of the consequences arising from such decisions to the national assembly and as a coordinating entity of the civil society in Afghanistan deems it its responsibility to announce that the representatives in the national assembly should respect the national and individual feelings of the people of Afghanistan and avoid decisions which cause improper consequences to the nation. This is the task of all Afghans to decide about the criminals and committers of war and humanitarian crimes.