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22 Dec 2008
Kabul-Afghanistan
The Afghanistan Independent Human Rights
Commission (AIHRC) is seriously concerned
about the increase in civilian casualties
due to ongoing conflicts in Afghanistan, and
its vast negative impacts upon ordinary
people and the progress of reconstruction in
various areas.
AIHRC is releasing two different reports
today, the 3rd of Jadi 1387 (23
December 2008), in relation to violations of
International Humanitarian Law by parties to
the current conflict in Afghanistan.
These two reports �Anti-Government Forces�
Abuses Against Civilians� and �From Hope to
Fear- an Afghan Perspective on Operations of
Pro-Government Forces� are the result of
vast and separate investigations by AIHRC.
The investigations were conducted during
Jadi�Hoot 1386 and Saratan�Mezan 1387. These
reports include violations in the armed
conflict that occurred from mid 1385�mid
1387 (July 2007 to September 2008) by all
parties.
To conduct these investigation for the
reports AIHRC researchers traveled to the
districts of south, west, east and southeast
provinces and visited most of the sites
where the incidents has occurred. In
addition to numerous interviews with
eyewitnesses, families and relatives of
victims, local military and civil government
officials, they have also gathered
information and the views of officials of
international forces in Afghanistan, medical
centers, non-government institutions, and
local and tribal elders. Further, physical
evidence including documents, professional
video footage, remaining of ammunitions,
grave and other available evidences at the
scene of the incidents where examined and
were analyzed to compile these reports.
The AIHRC studies and evaluates the actions,
behaviors and impact of anti-government
armed groups and national and international
forces in conflict situations upon civilians
from the perspectives of international
humanitarian law (the law of war); Islamic
Sharia principles, especially in respect of
conflict; and the national laws which are
applicable in war.
Also, these reports have studied the effects
of negative impacts created by all sides to
the conflict on the daily lives of
civilians, especially their access to
certain rights in including education,
health and employment. Also, it has focused
on the detrimental effects of
anti-government groups activities on
reconstruction and development projects.
Main Findings of the Report
1- Abuses of anti-government Elements
(AGE) on Afghan civilians
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The Anti-government elements have failed
to differentiate between military and
civilian targets. They have committed
widespread and systematic violations
against the civilians with a aim to
weaken the government. Those that have
been deliberately targeted include:
doctors; teachers; students;
journalists; tribal leaders; civil
government staff; and laborers who were
involved in development, reconstruction
and humanitarian aid projects. The AGE
have targeted anyone who has been
associated with the government or
international forces, including
civilians, and considered them as
enemies or legitimate military targets.
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The indirect effects of AGE�s attacks
have been greater then direct effects of
the attacks. Attacks on schools and
teachers have caused children not to
have access to education, and attacks on
medical centers and denying the
provision of medical supplies has
damaged the public�s accessibility to
medical services.
-
The armed AGE have also targeted staff
of aid organizations that provide
humanitarian aid. This has caused number
of to stop their activities in some
parts of Afghanistan. A clear example in
this case is the attack on IRC staff on
the Kabul�Gardez road in Logar province
in August 2008 that caused the death of
three of their staff.
By killing civilians, failure to
differentiate between civilian and enemy
forces, and creating intimidation and chaos
to achieve political goals, the AGE have
clearly violated the basic principles of
Islamic Humanitarian Law and International
Humanitarian Law.
2- Pro-government forces� (PGF)
operations in Afghanistan
�
Air strikes have been the
primary cause of civilian deaths and
property damage. This situation has created
a perception among Afghans that the PGF are
indifferent to civilian casualties and has
not tried hard enough to protect civilians
and their property during their operations.
�
The PGF�s heavy reliance on
air strikes on several occasions has
resulted in high numbers of civilian
casualties that may have been a
demonstration of the disproportionate and
excessive use of force.
�
Concerns have increased about
the lack of coordination among PGF and also
between PGF and local government authorities
which may lead them to act on unreliable
sources or faulty intelligence, increasing
the risk of civilian casualties.
�
Night time house raids by
international forces that are conducted
aggressively towards women, children and
elderly people, or have included actions
such as violations of traditional customs,
cultural and religious beliefs are of a
mater of high concern. These methods and
actions have angered Afghans.
�
Although night searches are
not a violation of the law, but the method
and actions of forces involved has caused
massive reactions in the community. Another
main concern in this area is the lack of
accountability for the night raids.
�
Ordinary people have trouble
understanding why there is no judicial
action in respect of these practices, even
where responsibility is clear.
�
Ordinary people believe that
there is no accountability or justice in
respect of these violations, regardless of
who have committed. The over all picture is
that of continuing support for Afghan
government and international military has
been eroded as a consequences of the not
carefully planned night raids.
�
The lack of acknowledgement,
recognition of victims, apology and
compensation not being paid in most cases
has caused much anger and resentment in the
community towards PGF. Ignoring the
damage to civilians and lack of transparent
and public investigations have contributed
to the picture that the international forces
are not interested and concerned about their
activities causing damage to ordinary
people.
�
In some cases, the
international forces were not able to
conduct transparent and public
investigations and failed to published and
publicly release the results of their
findings in local languages.
An analyses of the cases covered by this
report indicates that the PGF may have
undermined the International Human Rights
Law. Further more, the lack of transparent
and public investigation and also lack of
uncertainty in terms of actions against
violators so that they be accountable have
contributed to people�s uncertainty and
doubt towards these forces, and, in relation
to their obligation to follow national and
international law has contributed to a dived
between the PGF and the people.
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Afghanistan Independent Human Rights
Commission is a national institution
mandated by the Afghanistan constitution to
promote and protect Human Rights and to
monitor the situation of Human Rights in
Afghanistan.
These reports in Dari, Pashtu and English
are available on
www.airhc.org.af ; for further
information please contact the AIHRC at:
Tell: 0093-20-2500677
Email:
aihrc@aihrc.org.af
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