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Afghanistan: Constitutional Process Marred by Abuses
Women’s Rights Are Strengthened, But Security Concerns
Persist
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Afghanistan's constitution contains new human rights
provisions and mandates better political representation
of women, Human Rights Watch said today. But domination
of the approval process by warlords and factional
leaders raises serious concerns about whether the
country can hold free and fair elections this year.
"Human
rights protections were put on paper," said John Sifton,
Human Rights Watch's researcher on Afghanistan. "But
there were a lot of missed opportunities, and complaints
about threats and corruption during the convention."
Human Rights Watch noted that there were significant
achievements at the meeting. The single biggest gain is
that women are now guaranteed a substantial number of
seats in Afghanistan's bicameral National Assembly.
Approximately 25 percent of seats in the Wolesi Jirga
(House of the People) are reserved for women; the
president is obligated to appoint additional women in
the Meshrano Jirga (House of Elders). One provision of
the constitution also provides specific equality between
men and women under law.
The language on human rights in the charter was mixed.
The document contains several provisions enunciating
basic political, civil, economic and social rights, but
little strong language empowering institutions to uphold
them. The Afghan Independent Human Rights Commission (AIHRC),
created by the December 2001 Bonn Agreement, is given a
mandate, but lacks many of the powers necessary for it
to credibly protect basic rights.
The constitution fails to adequately address the role of
Islamic law and its relationship to human rights
protections. Human Rights Watch is concerned that
conservative factions could use appointments to the new
judiciary to implement interpretations of Islam that may
violate human rights standards.
The issue of accountability
is also not addressed in the document. Despite
Afghanistan's recent history of mass atrocities, the
charter does not directly address issues of past war
crimes and serious human rights abuses. The AIHRC may be
able to delve further into this area-but lacks any
specific constitutional mandate to do so.
Human Rights Watch was concerned about the political
intimidation and vote-buying that took place before and
during the convention. The abuses proved that warlords
and local factions continue to dominate Afghanistan's
political processes.
"A constitution cannot itself reduce the power of the
warlords," said Sifton, "But an open political process
in drafting it could have weakened their influence.
Instead, the warlords flexed their muscles and proved
that they still hold a lot of power."
The new constitution was approved January 4 by 502
delegates at a special constitutional loya jirga, or
"grand council," mandated under the Bonn Agreement. The
meeting began December 14. During elections for
delegates to the convention, Human Rights Watch
documented numerous cases of death threats and
corruption, and a general atmosphere of intimidation at
election sites. U.N. officials told Human Rights Watch
that many of the elected delegates to the convention
were proxies or allies of local factional leaders.
Once the loya jirga began, independent delegates
complained that warlords and factional leaders, and
ministers of President Hamid Karzai's government, were
strong-arming and even bribing delegates.
Some delegates complained of outright intimidation.
Malalai Joya, a woman delegate who complained about
warlord dominance, was almost thrown out of the
convention and required special security for the
remainder of the meeting.
Human Rights Watch said that much of the substantive
discussion at the loya jirga took place between allies
of President Karzai and various factional
representatives, behind closed doors. Many crucial
provisions were not meaningfully discussed.
Human Rights Watch also confirmed that U.S. officials
met with certain factional leaders, including General
Rashid Dostum and Abdul Rabb al-Rasul Sayyaf, to
negotiate support for the Karzai government's draft of
the constitution.
"The atmosphere of fear and corruption at the
convention, and efforts by U.S. officials and the Karzai
government to secure bloc votes from factional leaders,
affected how robustly some provisions were debated,"
said Sifton. "The entire process casts doubt on the
elections that are to be held here later this year."
Human Rights Watch called on the international community
to provide better security for the country, which would
signify its commitment to the new constitution, and
urged the United Nations to bolster its human rights
protection and monitoring staff.
In particular, more efforts will be needed in coming
months to prepare for elections, planned either for June
or September.
"The United States and its allies in Afghanistan,
especially NATO, need to keep expanding international
security forces outside of Kabul, and have them focus on
improving security," said Sifton.
Human Rights Watch also called on Afghan political and
military factions to cease intimidating or corrupt
practices aimed at limiting legitimate political
representation.
"The warlords need to recognize that the rule of the gun
must end," said Sifton.
Related Material
Afghanistan: Flawed Charter for a Land Ruled by Fear
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