The New Afghan Government and Human Rights issues

Human rights information bulletin Published by Law and Human Rights Committee of the World Hazara Council (WHC) No 3 26 October 2014 Website: E-mail: http://worldhazaracouncil.org/en/ shura.human.rights@gmail.com The New Afghan Government and Human Rights issues The Continuation of Hazara Genocide in Pakistan The dire situation of Afghan refugees registered with UNHCR in Syria Interview with Dr. Sima Samar, head of the Afghanistan's Independent Human Rights Commission (AIHRC) Violence against women has increased in Afghanistan The New Afghan Government on Human Rights Human rights information bulletin Published by Law and Human Rights Committee of the World Hazara Council (WHC) No. 3, 26 October 2014 Internet address: http://worldhazaracouncil.org/en/ E-mail: shura.human.rights@gmail.com 1

The New Afghan Government on Human Rights issues Ali Mohaghegh Nasab For the first time in the political history of Afghanistan, power has been transferred peacefully through democratic elections. Most Afghans are hopeful that the Ashraf Ghani administration will focus their agenda on human rights. Afghans are very concerned about human rights in the country; they believe that politicians and elderly leaders see human rights as a Western phenomenon that defies religious principles and values. Will the new government protect human rights? It is difficult to provide a clear answer for this complex question, yet there are signs indicating that the situation of human rights will improve in Afghanistan. The new administration has the capacity to work towards the betterment of human rights in the country and there are signs of hope, which I will attempt to explain. 1. Ashraf Ghani is a prominent academic who has lived, studied, and worked in developed countries. Ghani travelled to Lebanon to attend the American University in Beirut. He met his wife, Rula, in Beirut and they married years later. In terms of social and religious capacity, Lebanon ranks highly amongst other Muslim countries where Sunnis and Shia s, as well as Christians live together in peace. It is inevitable that Ghani s experience outside Afghanistan and Lebanon in particular shaped his values on human rights. 2. Ashraf Ghani went on to study his Master s degree in anthropology at New York s Columbia University. Arguably, the USA is one of the pioneers of democracy and freedom. and Ghani, who is a well-recognised economist and anthropologist, spent most of his life living there. He completed his Ph.D. at Columbia University and went on to teach at the University of California and John Hopkins University. Ashraf Ghani started working for the World Bank in 1991 and was often representing the World Bank in different regions of the world like East Asia, Russia, China and India. He went on to become Lakhdar Brahimi s advisor at the UN, as well as the UN special representative to Afghanistan. In light of this, Ashraf Ghani is a Western educated academic, who has lived and worked in many countries around the world. One can argue that Ashraf Ghani, due to his academic and liberal mindset, will focus more on human and civil rights in Afghanistan in comparison to his predecessor and other Afghan leaders. 3. Throughout Ashraf Ghani s campaign, he focused on speaking about equal rights for all Afghans. Ghani spoke about different ethnic minorities in Afghanistan and that we must all live together in peace. He also paid close attention to women s rights in Afghanistan. However, one wonders whether such slogans will lead to action. 4. In addition, since his appointment as the President of Afghanistan, Ashraf Ghani s actions and activities have been promising to an extent. By signing the Bilateral Security Agreement (BSA) with the US, most Afghans were delighted because US military involvement in Afghanistan will lead to better security in the country. Ashraf Ghani seems to be very firm on corruption, stating that the perpetrators of the Kabul Bank incident will be brought justice. To add to this, he recently visited the Pol-e-Charkhi prison, where most captured Talibans and terrorist are held. He clearly stated that each individual s case will be investigated properly and those who are found guilty will be punished, whilst those who are found innocent will be relaxed from prison. This is a clear step towards respecting basic human rights principles and allowing each prisoner the right to have a trial and their cases investigated efficiently. Furthermore, it is important to mention that Ashraf Ghani does not have a background of being a communist, a warlord, a jihadi, or an extremist. This makes him different in comparison to some Afghan leaders. 2

The latest sign of the betterment of human rights in Afghanistan is the presence of Afghanistan s First Lady, Rula Ghani. The First Lady is of Lebanese origin and she is a Christian. According to her interviews, she has promised to attempt to improve the situation of women in Afghanistan. Clearly, she is an advocate for women s rights and the basic human rights of all Afghans. In short, having taken into consideration Ashraf Ghani s education, employment records, and family background, it is justifiable to argue that the country has found a new leader who has the capacity to bring change to Afghanistan. The Afghan people have high expectations from the new administration and hope for the betterment of the country s security, economy, as well as human rights. However, it is indisputable that ethnic divisions, political tensions, and widespread financial corruption are serious challenges that can turn opportunities into obstacles. The Continuation of Hazara Genocide in Pakistan Reported by Law and Human Rights Committee of the World Hazara Council The Hazaras in Pakistan are an ethnic minority, who had to migrate to India as a result of ethnic massacres in Afghanistan in the 1890s. Abdur Rahman Khan, the Emir of Afghanistan, massacred around 62 per cent of Hazaras living in the country and divided their fertile lands among the Pashtuns. In light of this, a large number of Hazaras fled to Iran and India through Central Asia. Since then, the majority of the Hazaras have settled in Quetta Pakistan, with a population of half a million. For almost a century, the Hazaras in Baluchistan lived in peace with other ethnic groups, as well as taking an active role during Pakistan s independence. The Hazaras adhered and adopted Pakistani values and became effective citizens within society. In this context it is important to mention that General Musa Khan Hazara served as Commander in Chief of the Pakistan Army and became a prominent figure in Pakistan s political history. In October 2014, Quetta was witness to two terrorist attacks in which 10 people died and dozens were injured. The first insurgency occurred on the day of Eid al-adha on October 4, 2014, which is the regarded as the second biggest religious festival celebrated by Muslims worldwide. On October 23, a few days before the holy month of Muharram, the second insurgency took place. The terrorist group known as Lashkar-e-Jhangvi started their operation in early 1999. Their aim is to systematically kill Shia Hazaras in Quetta, Baluchistan. Since then, it is estimated that 1,500 Hazaras have lost their lives and more than 3,500 have been injured. The significant increase in terrorist attacks and insecurity has lead to more than 55,000 Hazaras fleeing Pakistan and seeking asylum in Europe and Australia in hope of a better life. The government of Pakistan has failed to take decisive and effective measures to protect ethnic minority groups like the Hazaras living in the country. The World Hazara Council (WHC) is deeply concerned about the increase in mass killings of innocent Hazaras in Pakistan, which have been systematically carried out by terrorist groups such as Lashkar-e- Jhangvi. The WHC condemns the terrorist attacks on the Hazara population in Quetta and calls for the immediate prosecution of the perpetrators of these crimes against humanity. The Pakistani government, the 3

international community, and human rights organisation must help to protect the Hazaras, who are the most vulnerable ethnic minority in Pakistan. The World Hazara Council (WHC) expresses its sincere condolences to the family and friends of the victims. The dire situation of Afghan refugees registered with UNHCR in Syria Reported by Sima Noori from Refugees Committee of the World Hazara Council The report has been prepared based on the eyewitnesses of individuals and social activists in Syria. With the emergence of the Syria crisis and ISIS, religious ethnic divisions and tensions have increased dramatically. Amidst the crisis, Afghan refugees have also been added to the victim list. The Afghan refugees are predominantly Hazaras. In fear of their lives, the refugees have lived around the Hazrat Zainab shrine in the last two and a half years. This indicates that the Hazara refugees living in Syria are one of the most vulnerable groups in the country. Their facial features are different from other people and most of them do not speak Arabic. The Arabs living in Syria know that the Hazaras are Shia Muslim. In addition to being Shia and a refugee, they have different conditions compared to Syrians. Financial difficulties, single-headed households, sick and disabled family members, unemployment, psychological illness, shortage of food, shortage of medications and lack of medical treatment, insecurity and not having legal residency documents have all made the situation of refugees extremely dreadful and have affected their lives adversely. Their children cannot go to school and have no entertainment, thus being isolated at home. Hazara refugees live in horrible conditions with constant fear and insecurity. It is reported that Afghan refugees are mistreated by the Arab United Nations staff members when they refer to UNHCR. The UN staff working in Syria are predominantly Syrian nationals and due to the Hazaras Mongolian features, they are easily identified and thus exposed to discrimination and unfair treatment. The demands and complaints of the Hazaras are not addressed. Statistics on Afghan refugees registered by the UN Office of High Commissioner in Syria Before the onset of the crisis in Syria, about 5,000 Afghans were registered with the United Nations, but after the onset of the crisis the number has decreased to 3,500. Those who could afford it have tried to get out of Syria without a certain outcome. Currently, there are about 1,500 people in Syria registered as Afghan refugees. Of these households 33 are orphans. Around 700 people are between the ages of 1 and 20 years old, who are often predominantly female. About 400 people are between 20 to 40 years and are mostly women. About 30 women suffer from mental illness caused by war. Around 70 children also suffer from psychological trauma caused by war. Recently, ISIS attacks have intensified near the refugee camp. According to prominent news agencies like the BBC, hundreds of Syrian people migrate in groups to the neighbouring countries. In September 2014, a group of Iraqi refugees attacked the United Nations office as a sign of protest. They broke the windows, computers and several electronic devices. This lead to the closure of the UN office for a few days. The incidence increased fear and concerns. In addition to this, local ISIS supporters posted images of the UN office neighbourhood on social media in order to cause terror and fear amongst locals. Despite all these difficulties, the Hazara refugees have been extremely patient and have showed their peaceful attitudes by respecting the law and the process. However, if the situations does not change, there is no guarantee that these Afghan refugees will be safe in Syrian refugee camps. It is estimated that around 300 civilians were killed in Syria last month. 4

Ms. Zahra Caillat-Azad, the first deputy of the World Hazara Council, had a meeting at the UN in Geneva to represent the Afghan refugees in Syria. She raised many WHC concerns on Afghan refugees residing in Syria, whilst submitting written reports on the situation. Thus far, no serious action has taken place and this demonstrates the indifference of the United Nations to the serious breach of human rights of Hazaras in Syria. The Hazara refugees in Syria demand the international community, the Afghanistan Independent Human Rights Commission (AIHRC) and the Afghan government to take immediate action in supporting the Afghan refugees in Syria. Interview with Dr. Sima Samar, head of the Afghanistan's Independent Human Rights Commission (AIHRC) Hendukoh Dr. Sima Samar is the Chairperson of the Afghan Independent Human Rights Commission (AIHRC), former minister for women and vice president of the interim government in Afghanistan after the fall of the Taliban regime, as well as one of the most active Afghan women in social affairs, health, education, human rights and politics. She has done valuable services to the Afghan people and the community. As a result of her work, she is often nominated for numerous awards by international institutions and countries. Dr. Sima Samar was on a trip to Finland from 22 to 24 September 2014. She had meetings with several human rights institutions and the Ministry of Foreign Affairs of Finland to discuss human rights issues. On the last day of her stay in the city of Helsinki, we had the opportunity to conduct an exclusive interview with her. In this video, Dr. Samar speaks about the current situation and developments in Afghanistan, in particular human rights issues. In the picture from left to the right Mr. Hamed Shafae, Dr. Sima Samar and Mr. Nasrollah Payk The highlights of the interview were about the rule of law and good governance, human rights and in particular women's rights, challenges and risks, and other issues related to Afghanistan. The interview is conducted by Nasrollah Paik, reporter and director of Afghanistan Association of Finland. You can watch the video by clicking on the link below. http://www.youtube.com/watch?feature=player_embedded&v=5oraxxyrwjg Source: Website Finnish Afghans Association/ www.afghanistan.fi 5

Violence against women has increased in Afghanistan Aziza Azimi Rape by Paghman Gang On August 22, 2014 a group of armed men stopped on-going passengers and stole their money, jewellery, and raped four women. It is reported that one of the women was raped more than ten times, whilst another of the women was pregnant. With the help of the national and local media, as well as the government, the perpetrators were arrested. Such violence against women occur in different parts of the country and only a very few of them are reported. Unfortunately, violence against women in Afghanistan has increased. Most of the incidents tend to occur at home. These incidents are mostly ignored or the victims remain silent, thus it does not lead to an official prosecution. Underage marriage, beating women, self-immolation, cutting limbs, mental and physical tortures, selling or and sexual harassment are some of the violation of the women s rights. However many of,trading daughters these crimes will not end in the courts. According to the United Nations Assistance Mission in Afghanistan (UNAMA), only seven percent of the cases of crimes against women find their way to the courts. Afghan civil law, the elimination of violence against women has not been implemented effectively. In fact most of the cases has been solved by informal methods. Afghanistan Independent Human Rights Commission (AIHRC) in its report said that violence against women has increased 24 percent since last year. United Nations Assistance Mission in Afghanistan (UNAMA) criticized the afghan justice institutions due to lack of the implementation of the law and the elimination of violence against women. Some women's rights activist think that forced marriage of girls under the illegal age is one of main problems and this is due to poverty, illiteracy, and improper practices of law. According to the UN nearly 75% of girls are forced to marry before the age of 16. Not only does this deprive children of an education, but their health, social welfare and their safety is at risk. This can easily lead to serious consequences like self-immolation, suicide, and runaways. One of the main causes of maternal mortality in Afghanistan is because of underage marriage. Even if the teenage mothers and their babies survive, what kind of future is waiting for them? We hope that the Afghan government, in cooperation with the international community and civil society will protect women and children's rights and also make efforts to eliminate violence against women. 6

Death Penalty and Human Rights Reported by Law and Human Rights Committee of the World Hazara Council On October 8, 2014 news regarding the executions of perpetrators who had brutally raped a women in Paghman hit the local headlines in Afghanistan. For many the news was relieving and comforting, yet many questions remain unaddressed. Can the death penalty be a solution? Can we remove such crimes from our society by removing the criminals? Does the Afghan government enforce the law equally on all criminals? One can think of many Taliban fighters released from prison un-trialled. These fighters are responsible for killing Afghan civilians and are highly likely to re-join Taliban and continue committing insurgencies. The inconsistency of the Afghan government in treating criminals - un-trialled release of Taliban fighters and personal intervention of the President in approving the death penalty of gang rape perpetrators needs to be challenged. It goes without saying that sexual assault in the form of a brutal gang rape is a hideous and inhumane crime. That explains why the news was disseminated quickly and made the public very angry and furious. Many called for immediate investigation of the crime and asked for the prosecution of the perpetrators and demanded the death penalty. It was during the last days of Karzai in power and in a propagandistic act of good will, he ordered an immediate trial of the criminals with the harshest punishment. Unlike the low expectations from the Afghan judicial system, the time between the arrest of the offenders and their execution was short. It is obvious that the public pressure, mass media coverage of the crime and Karzai s order expedited the process. They put an end to the lives of the perpetrators. Have we also managed to put an end to the phenomenon of gang rape within Afghan society? Does the removal of the offender lead to the removal of future crimes? When one encounters a serious problem in life, does he/she hide the problem or try to confront and solve it? Undoubtedly, by executing criminals, we have not tried to understand the reasons behind this hideous crime. Social researchers have indicated that the death penalty does not necessarily decrease crime rate and cannot bring security. Instead, it might have been better to sentence them to life or long-term imprisonment, which for many is worse than the death penalty. That gives the opportunity to analyse the problem and look deeply within the root of the problem. It is essential to work with the criminals and find out the reasons behind the crime, which could be poverty, unemployment, insecurity, and psychological complications. The death penalty is an embodiment of our rage, hatred and revenge and does not necessarily give the criminals a chance for improvement and change. The ineffectiveness of the Afghan judicial system is known to all. It is one of the most corrupt governmental organisations. The fact that, in this case, the people of Afghanistan trusted their judicial system is questionable. Are we sure that the criminals were trialled fairly? Have we listened to them carefully? Did they have a professional lawyer? Under what conditions did they confess to their crimes? Since the risk of the execution of innocent people runs in countries with weak and corrupt judicial systems, it is wise to take action carefully. On the other hand, the execution will not only punish the offender, but his/her family who did not have a role in the act of crime. The family is punished eternally and its negative mental effects rest with them forever, which is unjust. The death penalty is contrary to human rights principles. From a religious perspective, God has granted humans with the right to life and shall take it away himself. The death penalty should be banned completely and more useful measures should be taken to prevent crimes. 7