11th ICC International Conference on

Protection and Promotion of Women and Girls

4-7 November 2012, Amman, Jordan

“The Role of the National Human Rights Institutions under Conflict Situation”

Presented by: Commissioner Ahmad Zia Langari

Afghanistan Independent Human Rights Commission

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Mr. Chairman,

Ladies and Gentlemen,

Good morning to all of you,

Let me first express my thanks and gratitude to the Royal Government of Jordan, the National Center for Human Rights of Jordan, and the ICC for hosting and convening this very timely and worthwhile conference.

I should mention, once it was a ‘Taboo’ to talk about “Human Rights” in Afghanistan during the Taliban oppressive regime. Fortunately now we have a constitutionally established human rights commission in the country. It is indeed promising to have people and victims talking about transitional justice, honor killing and cases of rape and demand social justice.

All Afghan population, including children and women,one way or another, have experienced or been witnesses to various forms of violence, discrimination, and displacement. Shocking scenes of women’s lashing, killing, stoning and summary execution in Afghanistan and Pakistan are still broadcasted by different TV channels.

Obviously armed conflicts destroy all human assets, physical, social and cultural infrastructures, and also disrupt the social service system, and cause many opportunity losses. Under the conflict situation, all kinds of discriminations based on language, ethnicity,religion, beliefs and thoughts are used as a justified ground for resorting to violence and abuse.Citizens in the conflict area, including women, children, old-aged people, persons with disabilities and other minorities are deprived of their basic human rights, who only struggle for survival.

Under the conflict situation, both the International Human Rights Law and the International Humanitarian Law are violated by all parties involved in conflict.

Justice is not or very weakly applicable under conflict situation. We have the experience that during the ruling time of Mujahidin and Taliban (April 1992-October 2001), the trail process of a person who has been accused for murdering or a theft case has been completed within one hour or less, and the orderwas immediately implemented in the public.

Displacement and forced eviction is the very horrible outcomesof conflict, as we witnessed in Afghanistan. Right from the beginning of armed conflict in 1978 till the end of 2001,huge number of Afghan population was on the move, escaping from shelling area and also due to insecurity and very restricted social order, and leaving behind all their belongings and homes. Many families are still mourning for those family members, who have been disappeared.

Respectful colleagues,

Post-conflict situation is very critical and sensitive time for making constructive decisions for sustainable peace and taking steps for protection and promotion of human rights.To our experience, people’s hope for a better future would create a significant momentum for NHRIs and CSOs to join hands for effective advocacy and lobbying initiatives.

This would further pave the way for active participation of women, in particular, to be involved in the processes of decision-making, peace negotiation and political settlement, and also the process of drafting all policies, legislations and measures that affect their life.

Experience has shown that distribution of political power and resources between two or variouswarringfactions has been the consequence of political compromises in the form of peace negotiations. Most of the peace negotiations have beenresulted only to cease-fire, but no attention has been paid on the root causes of violence, such as long-term tension on issues of discrimination on the basis of humandiversities, which have been used as tolls for denial of human rights.

We have strong believe that unlesswomen are given the right of active participation in the political processes and peace negotiations, there would be no guarantee for durable peace and co-existing because: 1) women are about half of the population everywhere, and: 2) women mostly are not involved in conflict but they are, as children and other vulnerable citizens, are the direct victims of violent conflict.

Ladies and gentlemen,

The UN Security Council Resolution 1325 on Women, Peace and Security opened a new window of opportunities for women’s involvement aspeace negotiators, peacekeepers and contributers to all other decision-making processes on adopting policies, legislations and measure that promote women’s access to justice and development. The Resolution also calls upon states to end impunity and create opportunities for trials of those perpetrators of genocide, crimes against humanity and war crimes including crimes related to sexual violence against women and girls, and urges the State to ensure the equal rights of men and women. Pertaining to the post-conflict situation, the Resolution also call upon the states to consider the gender needs of women and girls in the process of resettlements, repatriation, rehabilitation, reintegration and other developments in the country.

Constitutional reform and social re-ordering are the issues that takes place in the post-conflict time. Therefore, there are splendid opportunities for women to be involved in these processes. To achieve this, NHRIs and CSOscould effectively, and should,empower and enhance women’s capacity to advocate for their rights to a positive pattern of reforms.

Experience indicates that most often the post-conflict states,due to inadequate political will emanating from the presence and influence of warlords and conservative elements, are not willing to involve women in peace negotiations, peace building and decision-making processes,. It would be, therefore, upon NHRIs, CSOs and women’s groups to advocate for active involvement of women in such processes.

In any conflict and post-conflict situation, the national human rights institutions can play vital role forprotection and promotion of women and girls’ rights. These institutions can empower women and girls to exercise their human rights as equal to men through investigating women’s complaints and educate women and men about their basic human rights. In this respect, the Afghanistan Independent Human Rights Commission educates male and female government employees, NGO workers, media staff, university lecturers and student groups, community leaders and clergies, prosecutors, judges, prison wardens, security, police and army officers on human rights.

National Human Rights Institutions in a conflict situation should actively monitor the implementation of both the International Human Rights Law and the International Humanitarian Laws. NHRIs should educate the police, army and security officers to respect and realize the provisions of these laws in order to prevent civilian’s sufferingfrom conflict, and humanely treat the arrested, injured and sick combatants and facilitate the delivery of humanitarian aid/services in the conflict-affected areas . In this respect, Afghanistan Independent Human Rights Commission regularly monitors the implementation of the IHL, records the cases violated by the Afghan National Army staff, the International Security Forces and the Anti-Government armed groups. The Commission publicizes on its monitoring reports so as to draw the attention of the national and international authorities for prevention of further violation and suffering.

Under the conflict situation many civilian faces different problems, and this is the responsibilities of the NHRIs and CSOs to advocate in this regards. Therefore, NHRIs should conduct research studies on differentissues related to human rights.In this regardAfghanistan Independent Human Rights Commission has conducted research studies on issues of women addicted to narcotic drug, the situation of widows and young girls, marriage problems, including forced marriage and under age marriage, child rights situation and the main causes of violence against women. Our aim is to produce effective tool for broad advocacy for the rights of women and girls who are the most vulnerable group under the conflict situation.

Our comment is that all NHRIs in close cooperation with CSOs should take all the necessary steps to deeply understand the problems of women and girls in order for being able to effectively advocate for the human rights of women and girls during andafter conflict.

The full realization and implementation of the provisions of the Universal Declaration of Human Rights, the international human rights treaties, the recommendations of the UN Human Right Monitoring Mechanism, the General Assembly and the Security Council’s resolutions, the outcome recommendations of the international conferences on human rights and the outcome resolutions of this 11th ICC Conference, requires unity, concerted voice and close cooperation between all NHRIs at regional and international level.

There is a strong need for all NHRIs to proactively advocate for the protection and promotion of people’s rights, including emphasizing on human right of women,girls and other vulnerable groups during and after conflict.

Best wishes and success for all of you.