The highlight of a recent international seminar on transitional justice, reconciliation and peace in Kabul without doubt was the unprecedented interaction between students of Kabul University and civil society activists, within the public
The highlight of a recent international seminar on transitional justice, reconciliation and peace in Kabul without doubt was the unprecedented interaction between students of Kabul University and civil society activists, within the public, and Faizullah Zaki, deputy chief of Junbish Party who came on behalf of his leader, General Rashid Dostum. The only other person present on the dais was Sima Samar, chairperson of the Afghanistan Independent Human Rights Commission. Excerpts from the transcript of the session titled ‘Is transitional justice on the election agenda?’Dr. Samar spoke first. “People must be compensated for their sufferings, which was one of AIHRC’s recommendations,” she said. “Justice is not only taking someone into jail. People have to be compensated for their sufferings; this was one of the recommendations of the Commission”.
Then she added: “Revenge is not a solution”, though considered that “the Amnesty law is not good” either.
“It is never late for justice,” she concluded and encouraged the gathering of documentation.
“Documentation is needed to help the reconciliation process; documentation on human rights violations and war crimes to know who committed crimes and who were the victims.”
Then, Zaki spoke. He said he was there on behalf of General Dostum, and also the presidential candidate Ashraf Ghani.
Zaki presented the greetings of the General and read from his appeal for forgiveness from compatriots who suffered during the successive rounds of conflict in Afghanistan.
“This legacy has impacted on our people… There is the need to understand the past events. Our Turkmen people, Tajiks, Hazaras… all have suffered pain. A joint effort is needed to reach justice and peace… People have no more confidence… We want to bring a change… Now is the time to put down our weapons and really apologise for what we did to defend our people… We are willing to work for national unity… If I am elected I commit myself to work to change Afghanistan into our joint home…”
First question by a university student: Why Gen Dostum apologises only now? He had plenty of opportunities in the last years. Why now? What are the guarantees that from now on he will care about justice?
Zaki: What guarantee? Why not before? This is not fair. It is never late. We need to open a new page.
Second question
ToSima Samar: Do you think transitional justice will be implemented with all these war criminals around? I do not think so.
To Zaki: Has Dostum apologised also for what he did to Taleban in Mazar-e-Sharif? (Hundreds of Talebs in jail were tortured, then left in a sealed container under the sun.)
Zaki: There were no white pigeons in the 30 years of war. Everyone was involved. In war people are not distributing sweets. General Dostum and his soldiers never went to Taleban places to attack them; they came into our house and when that happens you have to defend yourself. The General committed no war crime neither human rights violations, otherwise he would have been prosecuted. What he is doing is bigger than apologising for what was done to Taleban. 2014 elections are coming; NATO is leaving, what will happen? We think that a peaceful transition is possible. General Dostum’s point is how to start a new era and to not repeat the human rights violations that took place in the past.
Third question
To Zaki: General Dostum had a key role during the Soviet time, afterwards, too, and also during democracy. How can we expect he’ll change after 30 years of having the same role? Isn’t he doing it for getting votes? How can we forget and forgive? Can we forgive just because he asks forgive me? What he did to the Taleban in prison, in Mazar, tortured and killed, can be simply forgiven?
Zaki: General Dostum was not in Mazar when the issue with Taleban happened; please be careful before accusing anyone. In our land there were also terrorists of other countries that started killing our people. General Dostum’s point today is how do we start a new era that prevents repeating the human rights violations that took place in the past. Amnesty and forgiveness is needed. We must stop the cause of all violations: war.
To Sima Samar: Why are you optimistic? We cannot resolve this by just apologising.
Sima: For us it is not important when someone apologises and confesses. But of course, nobody can forgive crimes…
Fourth question
To Zaki: Your party killed thousands. It is the victims’ right to apologise or not. Is General Dostum going to compensate the victims?
Zaki: There is no criminal activity he should compensate for. I am not here on behalf of a criminal but of a political leader. I repeat, there are no white pigeons in Afghanistan.
Fifth question
To Zaki: In his declaration General Dostum says we have to be brave and courageous. What does he mean? Would he accept a criminal court?
Zaki: Braveness to say ‘I am sorry’, courage to say it. Finally someone is doing it. Afghan leaders have to apologise. If we win the elections we will not wash blood with blood. About courts, there is an amnesty law approved by the Parliament; that law exists.
