The government’s disingenuous and instrumentalist behaviour was illustrated by the recent move by
President Ashraf Ghani to establish a 12 member “Negotiation Team”, led by his own Chief of Staff,
Abdul Salam Rahimi 27 and a “Peace Advisory Board”. 28 The board has nine committees, which does
not include a committee for victims that was envisaged in the Strategic Plan for Peace and
Reconciliation. The Peace Advisory Board seems to duplicate the HPC, but one that is more amenable
to the influence of the President and his closest allies. This has reaffirmed concerns that victims will
be excluded or at best symbolically represented in Afghan peace-building efforts.
Alongside these faltering steps towards peace, impunity continues unabated. Given the gravity and
scope of crimes that continue to be committed, including torture, extra-judicial killings, sexual and
gender based violence, it is no surprise that the International Criminal Court has been conducting a
preliminary examination (at this writing, the authorization for an investigation is anticipated). The
government has agreed to cooperate with the court, and in 2017 introduced a law for the Elimination
of Torture, and created a War Crimes Unit in the Office of the Attorney General. However,
prosecutions have not been forthcoming.
The Role of Afghanistan’s Allies
International allies of Afghanistan are at best silent and at worst obstructive when it comes to the role
of transitional justice in reaching a sustainable peace. However, it is worth recalling that these same
states having a poor international track record of involvement in durable peace processes. There is a
tendency among international allies to view Afghanistan through the prism of old elites, rather than
through the broader political and social contexts that define how individuals and communities relate
to the state and other power holders, and thus how they may respond to an elite-brokered settlement.
As a party to the conflict the United States has an outsize influence, and has long been unequivocal in
its view that transitional justice should come after peace. European allies have been increasingly mute
in public, even if some continue to offer support privately. There is commitment from the US and
Europeans to calls for women’s participation, which is essential and fully supported by the TJCG, but
this call for inclusion should extend to the participation of victims as an essential constituency.
4. Conclusion: Let Victims Contribute to a Durable Peace
In Afghanistan, the culture of peace-building is highly-elite centred and the peace institutions are
dominated either by elements involved in past conflict or affiliated to conflict parties in one way or
the other. This culture and practice of peace-building is inimical to victims’ demands and impacts. A
multi-dimensional involvement strategy with a strong element of direct participation is expected to
produce a result favourable to victims and a durable peace-building efforts. Anything short of victims’
27
For the full membership list see: “President Ghani Announces 12 Member Team for Peace Talks with
Taliban”, Ariana News, November 28, 2018. https://ariananews.af/president-ghani-announces-12-memberteam-for-peace-talks-with-taliban/
28
President Mohammad Ashraf Ghani, “Road map for achieving peace: The next chapter in the Afghan-led
peace process”, p.9, Geneva, 28 November 2018.