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TJCG statement on Amnesty Law

Accountability not Impunity: Only victims have the right to forgive

“We do not give anyone else the right to forgive or deal with the
blood of our dead”

                

    – Woman whose father and brother were killed by a rocket during
the civil war

The Transitional Justice Coordination Group (TJCG), a coalition of 24
civil society organisations, calls upon the Government of Afghanistan to
immediately suspend the ‘National Reconciliation, General Amnesty and
National Stability Law’. The TJCG contends that rather than promote
reconciliation and stability, by granting a blanket amnesty this law
promotes impunity and prevents genuine reconciliation. Accountability,
not amnesia, for past and present crimes is a prerequisite for genuine
reconciliation and peace in Afghanistan. All Afghans will suffer as a
result of implementation of this law, which undermines justice and the
rule of law.

The people of Afghanistan are all victims of the egregious crimes and
human rights abuses committed over the past three decades. All ethnic
groups, geographical regions and social groups have suffered. The fact
that the people of Afghanistan have suffered should not leave us
speechless in trying to address justice for these crimes.

The government of Afghanistan does not have the right to usurp the
rights of victims. Only the victims have the right to forgive
perpetrators. But the state has a duty to investigate and prosecute war
crimes, crimes against humanity and other serious human rights
violations such as disappearances, torture and extra judicial killings.
Although there is provision in Article 3 (3) for victims to bring
individual claims, this places an unfair burden upon victims, who have
already suffered so much and would put themselves at risk of reprisals
given the impunity that prevails in Afghanistan today. This provision is
particularly impractical so far as it concerns women and the many
victims of sexual violence, who already face considerable barriers to
obtaining justice. 

Provision for the granting of amnesty in respect of future crimes
further undermines the legitimacy of the law and serves as an open
invitation for the continued commission of abuses with impunity.

The TJCG calls upon the government of Afghanistan to:

Immediately suspend the ‘National Reconciliation, General Amnesty and
National Stability Law’ with a view to its eventual abolishment.

Ensure widespread consultation with victims, human rights organizations,
civil society and the people of Afghanistan when drafting laws.
Parliament must represent the will of the people of Afghanistan, not the
illegitimate will of a minority.

Respect the rights and legitimate grievances of victims. It is not the
right of the government to forgive and grant amnesties to war criminals.
The government should support victims and take appropriate measures to
ensure their ability to exercise their fundamental rights. A special
unit should be established within the government to support transitional
justice and victims needs, including witness protection.

Ensure that all laws are constitutional and do not violate fundamental
rights.

Ensure that all laws are reviewed for consistency with Afghanistan’s
obligations under international law and ensure that Afghanistan upholds
its obligations under international law. All states have a non-derogable
duty to investigate and prosecute war crimes, crimes against humanity,
genocide and torture. The amnesty law is in breach of Afghanistan’s
international obligations under the Geneva Conventions, the Convention
on the Prevention and Punishment of the Crime of Genocide, the
Convention against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, the Rome Statute of the International Criminal
Court and the Convention on the Non-Applicability of Statutes of
Limitations to War Crimes and Crimes Against Humanity.

Urgently re-commit itself to the implementation on the Action Plan on
Justice, Peace and Reconciliation, which clearly states in Key Actions 4
and 5 that there can be no amnesty for war crimes, crimes against
humanity and gross violations of human rights.