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UN opposes Afghan bill giving immunity to criminals
Friday, February 02, 2007 06:52 [IST]
DPA

Kabul:The United Nations office in Afghanistanhas voiced strong opposition to the Afghan parliament's approval of a billgranting immunity to war-criminals and exempting them from judicialproceedings. 

The parliament, with a strong warlord presence and after aweek of heated debates, approved a bill Wednesday that grants immunity to allindividuals involved in atrocities in the past two-and-a-half decades,including the Taliban and war criminals from the country's 1992-1996 civil war.

"For any process of national reconciliation to succeed,the suffering of victims must be acknowledged and impunity tackled," said  the United Nations' political officials saidin a statement.


"No one has the right to forgive those responsible forhuman rights violations other than the victims themselves," he said.

"Afghanistan'sconstitution guarantees for its citizens the right to freedom ofexpression," the statement said, adding that the Afghan people have thefull backing of their internationals partners, including the United Nations.

The resolution, which was posted on the body's website, hasbeen drafted in 11 articles, and states that it was aimed at bringing peace byreconciling all the opponents of the government.

"For bringing peace and reconciliation among variousstratum in the society and starting a peaceful life in Afghanistan,all those political and belligerent sides who were involved during thetwo-and-half decades of war will not be prosecuted legally andjudicially," it said.

"No group or political party is excluded from amnesty,the assembly's passed motion said, raising fears that the perpetrators of humanrights crimes would be granted immunity," he said.

"I am totally against it," said Shukria Barekzai,one of the few legislators who walked out of the session as a sign of protestwhile the lower house was voting for the bill.

"It is not right for the parliament members or even theright of Afghan president to forgive the war criminals. The legislationviolates the constitution," she said, referring to rights of Afghancitizens assured in the constitution.

"It is the act of some warlords who try to bury theirpast atrocities by approving such a bill," she said.

Afghanistanis also a signatory to the Geneva Convention, which obligates all states toprosecute perpetrators of crimes against humanity, grave breaches ofinternational humanitarian law (war crimes), and international crimes, such astorture, genocide and piracy.

The New Yorkbased Human Rights Commission warned on Tuesday in a report that some Afghanwarlord-MPs had been trying to grant themselves blanket immunity againstaccusations of perpetrating war crimes.

"After three decades of suffering abuses, Afghans haverepeatedly called for accountability for those responsible for serious humanrights abuses, whether communists, warlords, or the Taliban," thecommission's report said.


"There can be no sustainable peace and security in Afghanistanwithout respect for the rule of law," it said.

The bill also asks for an extraordinary reconciliationcommission to be formed within the assembly to accelerate the talks withopposition groups that include Taliban militants who have waged a stubborninsurgency against Afghan government and international allies since theirouster in late 2001.
 
The offer by the legislative body comes days after PresidentHamid Karzai once again offered an olive branch to Taliban extremists to laydown their arms and join mainstream society.

While Karzai made no distinction, the bill says anyindividual who "accepts the constitution of the country" could bebenefited by the amnesty.

Taliban leaders in the past snubbed the offers and vowed tocontinue their war until the withdrawal of the foreign forces from Afghanistan.

The bill is yet to be endorsed by the upper house ofparliament and signed by President Karzai, which are necessary steps for it tocome into force as a law.


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