GENEVA - A UN expert today welcomed the establishment of an independent investigative mechanism for Afghanistan by consensus in a resolution at the Human Rights Council, which also renewed the Special Rapporteur's mandate, describing it as an important additional tool to advance justice for international crimes and violations of international law committed in the country over decades.
"The establishment of this new mechanism marks a significant milestone in the pursuit of truth, justice, and accountability for the people of Afghanistan," said Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan. "By collecting, consolidating, preserving, and analysing evidence of serious crimes and violations, and preparing case files to facilitate future criminal proceedings, the Human Rights Council has taken a decisive step to ensure that those responsible for serious international crimes will be held to account."
"This decision stands as a testament to the courage and perseverance of Afghan victims, survivors, and civil society, whose tireless advocacy has made this moment possible. Today, the Council has heard their voices and reaffirmed that justice for the people of Afghanistan remains a global imperative," Bennett said.
Acknowledging the renewal of his mandate, the Special Rapporteur said: "I look forward to continuing to fulfill the responsibilities of my mandate including by monitoring and reporting on the human rights situation in Afghanistan and working with all stakeholders to find ways to improve it."
"The creation of the Independent Investigative Mechanism will complement the important work of the International Criminal Court and should be matched by a firm and continued commitment to pursue accountability through all available avenues. Accountability is an essential part of building a future for Afghanistan rooted in justice, equality, and the rule of law."
The Special Rapporteur called on the UN and Member States to ensure the new mechanism is operationalised at the earliest opportunity. This includes by ensuring it receives sufficient resources to conduct investigations, preserve evidence, and engage directly with Afghan victims and survivors.
Bennett also called for support of ongoing investigations by the International Criminal Court, the initiative by some States to hold Afghanistan to account for violations of its obligations under CEDAW, and exploration of other pathways to justice, including under the principle of universal jurisdiction. He encouraged States to support the codification of gender apartheid as an international crime.
At the same time, the expert stressed that the new mechanism should be viewed as part of a broader, comprehensive approach to improving the human rights situation in Afghanistan that extends beyond accountability and includes the building of a representative government inclusive of women and Afghanistan's diversity, and fully respectful of human rights.
"While significant, an investigative mechanism alone cannot address the full scope of the crisis in Afghanistan. This is why we need an 'all tools' approach, one which combines criminal justice initiatives with broader efforts to restore the rights of women and girls, increase humanitarian assistance, and support Afghan-civil society, especially women human rights defenders," the expert said.
"Central to this must be the safe and meaningful inclusion of the people of Afghanistan, in particular women and youth, in all discussions and decisions about the country's future," Bennett said.
