21 July 2009 - Speech by the UN Special Representative of the Secretary-General for Afghanistan Kai Eide, at a conference on Human Rights at Afghanistan's Ministry of Foreign Affairs.

Minister Spanta, Dr. Samar, Excellencies, ladies and gentlemen,

Let me first express my gratitude to the Center of Strategic Studies and Dr. Moradian for inviting me to participate at this conference.

It is not a coincidence that it takes place in this building. You have been – and continue to be, Minister – a strong advocate for respect for human rights. I am also pleased to be here with Dr. Sima Samar, representatives of the human rights community in Afghanistan. This critical part of civil society has my full support.

You have, Minister, outlined some of the achievements in this country over the last few years, in the Constitution and in laws, in health, in education, in women’s participation in public life and in other aspects of human rights promotion. These achievements are significant and have enabled millions to live a better life and to have brighter prospects for the future. Before the fall of the Taliban, this conference would have been unthinkable.

However, so much remains to be done. We all know that it will take time to ensure that every Afghan can enjoy the human rights that she and he is entitled to. But this is an area where we all have an obligation to be impatient. Because every day and every hour of the day, Afghans suffer from lack of fulfilment of their human rights.

Afghanistan suffers from two basic conditions – interrelated in many ways – which hamper the development of human rights; an ongoing conflict in significant parts of the country and widespread poverty. Both hold the development of human rights back. But both also make a broadly based fight for human rights all the more critical.

I cannot cover many aspects of the human rights challenge in a few introductory remarks. Let me focus on a very few.

First, I am pleased to see that so much more attention is now given to the establishment of a stronger and more effective police force. That is a fundamental component in any effort to ensure respect for the rule of law and for human rights. Although I look forward to the day when we can start talking about a “police service” and not a “police force”. The purpose of the police is to serve the people.

That being said, respect for the rule of law can only be assured if there is a parallel strengthening of the police and the justice system. I understand the concentration on the police. It is a consequence of the ongoing conflict and our focus on the police as an instrument to fight the insurgency. But the credibility of the police and its effectiveness in ensuring respect for the rule of law and human rights will depend on the development of a healthy justice system. I would argue that we should all – as soon as possible – broaden our current focus; the strengthening of the police must urgently be accompanied by an equally strong focus on developing the justice system. The lack of proper access to justice leads to daily violations of human rights and to an atmosphere of impunity. Laws are of critical importance. However, they will only be effective in protecting the individual if the mechanisms for enforcement exist, including a well functioning justice system.

And let me add; I have seen this problem occur over and over again in conflict and post-conflict areas. We start late and we are too modest in strengthening the police. But we are even later and much more modest in improving the justice system. And it has a price – in lack of respect for rule of law, human rights violations, corruption and lack of economic development.

I mentioned the atmosphere of impunity. I am seriously concerned if we do not address this phenomenon properly. Afghanistan is a country where the overwhelming part of the population is under 25 years old. If the young generation grows up in a society where crime is not punished and where corruption is tolerated, then how will it contribute to shaping their values – and those of the society as such?

Addressing the atmosphere of impunity also means addressing the crimes of the past. If we fail to address past violations of human rights, then we will not be able to ensure future respect for human rights. After the nomination of candidates for the upcoming elections, Afghans have come to me and asked how this or that candidate could be allowed to run for office. And the answer is that the atmosphere of impunity has not been overcome and the justice system is weak. As long as these challenges are not addressed, we risk bringing the violations of the past into the institutions of tomorrow.

I understand the concerns about stability. But I do not accept them. Sometimes – or often – it is far too easy – for Afghans and internationals – to work with, enrich and embrace those who should be ignored, pushed aside or punished.

I have been particularly concerned about the widespread phenomenon of violence and discrimination against women, against sexual abuse and against marginalization. Therefore, I applaud the fact that the Law on the Elimination of Violence against women has now been signed by the President. It is an important step. The challenge will now be to secure approval by Parliament and then the enforcement of this law. I have always said that violence against women and the marginalization of women in society has several aspects: First, it represents violations of basic human rights. And second, it hampers the development of the country as such. No society has successfully developed and put poverty and misery behind without engaging the entire population – male and female.

The growing strength of women’s networks and women’s NGOs is encouraging. But we also need men to stand up more firmly against violence and discrimination and for the mobilization of women; political leaders, religious leaders, community leaders.

It is positive to see that there are now more female candidates for Provincial Councils elections than during the first elections. We need more women in leadership positions in the Afghan society. When a new government is formed later this year, I take it for granted that there will be more than one female member of that government. Women need more role models to inspire, the country needs their talents. The problem is not a lack of competence. The problem is a lack of access. The fact that the Afghan Parliament has one quarter female members is a significant achievement. And it will gradually also have an impact also on other government institutions. However, the participation of women should not depend on Constitutional provisions only, but reflect an understanding of the need to bring women more fully into public life.

Finally, a few words about the elections. We need elections that are credible, inclusive and fair. We need elections, where all Afghans can cast their ballots. And we need elections, where each candidate can campaign in an atmosphere of fairness. In today’s Afghanistan that is not easy. Together with the AIHRC, the UN is monitoring the political rights and freedoms of all Afghans. We have expressed concern about violations of the rule of the game, in particular the interference of Government officials – in favour of one candidate or another. Today, the Media Commission will express its concern about lack of fair access to media. I support the Commission in its conclusions. And I hope that we are listened to and that the Media Commission is listened to. In the heat of the campaign nobody must forget that these elections are about more than who will win. They are about the legitimacy and the credibility of the governing institutions. Each and every candidate must feel responsible for strengthening Afghanistan’s institutions. If they do not, then we will all be weaker in addressing the fundamental challenges of this country, in providing the stability and stimulating the prosperity we all will need to promote the human rights of every Afghan.