AIHRC -> Afghanistan Independent Human Rights Commission

Why Afghanistan Independent Human Rights Commission is called Independent?

By which sources Afghanistan Independent Human Rights Commission is funded?

What is Afghanistan Independent Human Rights Commission legitimacy?

America claims to be one of the protectors of human rights, why does it violate the rights of nations and countries (occupation of Iraq, supporting Israel and...), what is the commissions reaction in this respect?

What is the stance and policy of the AIHRC in regard to violation of human rights by foreign forces (searching of residential houses, and imprisonment of Afghans in the prisons run by themselves, bombardment of civilian zones and killing of innocent people) in Afghanistan? And what are the achievements of the Commission in this regard?

Whenever human rights issues are raised, the situation of women and their rights are focused more; does Afghanistan Independent Human Rights Commission protect only womans rights?

Why does Afghanistan Independent Human Rights Commission prevent showing the face of perpetrators on televisions?

Why does Afghanistan Independent Human Rights Commission protect perpetrators?

What does transitional justice mean?

Is it true that Afghanistan Independent Human Rights Commission is the reference center for women to get divorce from their husband?

Why Afghanistan Independent Human Rights Commission is called Independent?

Afghanistan independent Human Rights Commission is called independent because it is not within the trine pillars of the country, Judiciary, parliament and government; however, it is part of the structure of the system and acts independently. The Commission mandate requires acting independently; otherwise the Commission can not monitor the activities of government agencies and other institutions in regard to implementation of law and ensuring of human rights.

By which sources Afghanistan Independent Human Rights Commission is funded?

Presently AIHRC is funded by donor countries assisting Afghanistan, which forms part of national income of the country. Budgetary assistance to the Commission is part of international communitys assistance to Afghanistan.

What is Afghanistan Independent Human Rights Commission legitimacy?

Afghanistan Independent Human Rights Commission was established pursuant to Bonn Agreement (5 December 2001) and on the basis of decree of the Chairman of the Interim Administration, June 6, 2002, and resolution 134/48 of United Nations general assembly in 1993 and Paris principles and on the basis of article 58 of the Constitution of Islamic Republic of Afghanistan, and now the Commission is performing its activities in the areas of promotion, protection and monitoring of human rights.

Afghanistan Independent Human Rights Commission denounces any human rights violation anywhere perpetrated by any individual, group or state. AIHRC is responsible to protect and monitor human rights within Afghanistan. United Nations High Commissioner on human rights and UN human rights Council are the official organs to monitor human rights in international level and are responsible to take cases of human rights violation committed in Iraq into consideration. Likewise, on the base of four Geneva covenants, called international humanitarian laws, addressing international and civil war rules as well as civilians and war prisoners condition on war zones, the International committee of Red Cross is also following up the situations in Iraq. In addition to UN and international committee of Red Cross, international nongovernmental bodies such as Amnesty International and Human Rights Watchdog monitor human rights situation in international level.

Afghanistan Independent Human Rights Commission has so far received 130 complaints about foreign military forces in Afghanistan. The commission has contacted foreign military forces officials and representatives as quickly as possible and has tried to get the problem solved. The commission has been able to mediate between coalition forces and the peoples representatives from different provinces (Logar, Paktia, Urozgan, Kandahar and Jalalabad). Upon the Commission pressure on coalition forces, they have introduced a person to the Commission as a focal point so as to contact him in taking measures in case of complaints to the commission.

Whenever human rights issues are raised, the situation of women and their rights are focused more; does Afghanistan Independent Human Rights Commission protect only womans rights?

Human rights include the rights of all human beings and ensuring of individual security for all individuals. Naturally, womens rights are not discussed as separate from men and childrens rights. As article 54 of the constitution has called family as the fundamental pillar of the society, it is necessary to have a healthy family first in order to form a healthy society. Womans role, therefore, is significant and substantive within the family and in healthy upbringing of children. Ensuring and protection of womans rights, in fact, indicates the level of respect to and observance of human rights in a society. On the other hand, since women are suffering from limited access to basic rights and freedoms in all countries and cultures and this has caused women to lag behind in the economic, social, political and cultural areas of life, in order to redress this lag in the long-run, attention is focused more on womans rights which are not separate from mans rights.

To this end, international covenant on elimination of all types of discrimination against women was adopted worldwide and the state parties have been obliged to pay more attention in this respect.

Why does Afghanistan Independent Human Rights Commission prevent showing the face of perpetrators on televisions?

Based on the constitution of the country, a person is presumed innocent, unless he/she is convicted to punishment by an authorized court. Therefore, portraying an innocent person as ill-famed in the society is causing harm to his dignity. On the other hand, when a suspected or accused person or perpetrator is shown in the public, his children, wife and other relatives, who are innocent, feel insulted in the society.

Why does Afghanistan Independent Human Rights Commission protect perpetrators?

Afghanistan Independent Human Rights Commission does not protect perpetrators and always wants to put an end to the culture of impunity, and wants the punishment of perpetrators through just and fair trial. The Commission expects security, justice and judicial organs to, pursuant the present laws of the country, treat the perpetrators seriously and prevent escaping from law and impunity of perpetrators. One of the major obligations of the commission is to monitor work procedures of police and prosecution administrations so that perpetrators should not be acquitted without any legal ground. So the commission wants the follow-up of the indictment of the perpetrators not their impunity. The commission never protects perpetrators rather protects their rights, such as the right to adequate defense, the right to defense attorney, the right to be promptly informed of the charges against him/her, the right to medical check-up, visit of their family members and appropriate detention facility, and the commission expects the security organs to enhance their capacity to ensure these rights, not resort to torture, so as to prevent the violation of human rights not only of the prisoners but also of all the individuals of the society.

What does transitional justice mean?

Transitional justice is an exhaustive process implemented in post-war countries, especially in the countries involved in civil wars, in order to ensure durable reconciliation, prevent repetition of war crimes in the future, document incidents and events of civil war, and adopt ways of addressing injustice and oppression of the past.

In order to address the pains and disasters of the victims of war, transitional justice proposes judicial and non-judicial procedures. Trial is not suggested as the only solution. Acknowledgement of the victims, apology from them in front of the people, remedy of damages, and reconciliation through truth-finding and apology are the methods implemented in different circumstances and in different countries and have had effective results. In short, transitional justice includes the methods that allow for redressing pains and psychological and physical sufferings of the victims and underpin effective solutions to reconciliation in the future.

Is it true that Afghanistan Independent Human Rights Commission is the reference center for women to get divorce from their husband?
No, never! The courts are where divorce and separation are taking place. And AIHRC is not a court and divorce falls within the mandate of courts. The commission always makes efforts so as to solve the disagreement between wife and husband through mediation and reconciliation. But if these efforts do not affect, the complaining wives can solve their problems or demand divorce and separation through family courts or other formal courts, with respect to Sharia reasons.

In order to prevent such sort of complaints, the Commission attempts to prevent marriages without the agreement of the couples, as the Islamic marriage contract (Nekah) is also based on offer and acceptance (Ejab and Qabol) by the wife and husband, as well as marriage of children under 18 and forced marriages, because they will lead to bad consequences in the family life and cause or increase conflict and family violence in the future.