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Close the Books” In © COPYRIGHT by Tazreena Sajjad 2011 ALL RIGHTS RESERVED For the survivors INCONVENIENT JUSTICE: THE STRUGGLE TO “CLOSE THE BOOKS” IN AFGHANISTAN AND NEPAL BY Tazreena Sajjad ABSTRACT Inconvenient Justice argues for a more nuanced understanding of the dynamic “local” that goes beyond the realm of a cultural framework. Correspondingly, it suggests that conceptualization of the “local” needs to be problematized further to expose the tensions and hierarchies of and within the local, and to question whose version of the local is actually prioritized in transitional justice programming. Specifically it asserts that the local must be understood as an inter-subjective concept and that the “local” in transitional justice should be seen as a dynamic, evolving phenomenon. This research examines five specific areas, which it insists, are critical components defining the local: (i) the historical context within which “transitional justice” mechanisms are implemented; (ii) the limitations of, and opportunities for, local legal systems to engage with transitional justice questions; (iii) the internal/domestic and international politicking around the “transitional justice” discourse; iv) the importance of centrally placing the local to define justice; and, (v) as an illustration of the domestic struggle for long-term justice, the role of National Human Rights Institutions (NHRIs) which link local voices to national and international platforms of decision-making and ii balance their role of advocating for human rights, while looking into past instances of abuses. Using a comparative case study approach, this research draws on one hundred and fifteen in-depth interviews conducted with international and national organizations, policy-makers, government officials, journalists, experts, and victims’ groups in Kabul, Kathmandu, Washington D.C., and New York. It also incorporates participant observation, narrative research and analyses of reports, correspondence, press releases, agreements, bills, official texts, newspaper articles and petitions to provide an in-depth understanding of the complexities of the justice question in both these contexts. iii ACKNOWLEDGMENTS There are so many people to whom I am indebted for the completion of this dissertation. I am extremely grateful to my committee, and especially to Julie Mertus, my chair, who has over the years been a mentor, a colleague and a friend. Of course, my debt of gratitude is not complete without a mention of Janet Lord, who together with Julie opened up the doors of the Lord-Mertus home when I was overcome with moments of great doubt in the search for a research question and make sense of the project. I have learned so much over the years in engaging with them both and working with them in different projects that have shaped me as a scholar. I am also extremely grateful to the School of International Service (SIS) at American University without whose intellectual and financial assistance this project would never have been possible. The sheer challenge of conducting this research in two politically turbulent countries could not have been overcome without the assistance and cooperation of several individuals in the United States and in Afghanistan and Nepal. Scott Worden, from USIP and Dr. Patricia Gossman were instrumental in introducing me to some of the key actors in Afghanistan’s transitional justice process. On the ground, I am indebted to the Afghanistan Independent Human Rights Commission (AIHRC) and to my Afghan friends and colleagues who face tremendous challenges everyday to continue to toil fearlessly in the field of human rights under extraordinary circumstances. In Nepal, I am grateful to Jason and Jannie for allowing me to stay in their wonderful apartment during one of my field trips. I am also thankful to Karen Cochran, Mandira Sharma of Advocacy Forum iv (AF) and Sushil Pyakurel for their time and insight into the transitional justice questions in Nepal. In both countries, the survivors I encountered and their sheer commitment to the quest for justice and hope for a better tomorrow humbled me. To Ram and the many others who shared their experiences, I hope this dissertation does their struggle justice. The support of my friends during the period of travel, research and writing were invaluable. I am thankful to Dr. Julie Norman and Dr. Catherine O’Rourke for their insight into the painful writing process; to Majeed Abu-Nimer, who believed in me from the beginning; to Josh Miller for his single-handed heroism in saving this project from a formatting fiasco, and my brother Jared Ordway, without whose friendship and willing ear, I would have felt quite lost at so many moments. Most importantly, I am indebted to my incredible family -- my father, whose own story of survival and whose indefatigable energy, courage and personal commitment to uncover the stories of survivors never ceases to amaze me; my mother, for her incredible patience, encouragement and her faith in her wayward daughter, and to the women in my family, for being survivors against all odds and for their unwavering and loving enthusiasm for all achievements, both big and small. You are my constant source of inspiration, humility and determination. And finally, to Andy, without whose constant support, friendship, and encouragement, this project would have been a far more painful, and a lot less joyful journey. v TABLE OF CONTENTS ABSTRACT........................................................................................................................ ii ACKNOWLEDGMENTS ................................................................................................. iv LIST OF ACRONYMS ...................................................................................................ivii Chapter 1. INTRODUCTION: EXAMINING THE JUSTICE QUESTION IN AFGHANISTAN AND NEPAL............................................................................. 1 2. CRAFTING THE LENSES OF INQUIRY ...................................................... 45 3. THE LEGACY OF FAILED INITIATIVES.................................................. 106 4. ORDINARY LAWS ....................................................................................... 150 5. THROUGH LOCAL LENSES: THE POLITICIZATION OF TRANSITIONAL JUSTICE............................................................................... 225 6. A MEANING OF JUSTICE ........................................................................... 267 7. NEGOTIATING NARROW SPACES: NATIONAL HUMAN RIGHTS COMMISSIONS (NHRIs).............................................................................. 33636 8. CONCLUSION........................................................................................... 38282 REFERENCES ............................................................................................................... 399 vi LIST OF ACRONYMS AC Afghanistan Compact ACAP Afghan Civilian Assistance Program ACHR Asian Center for Human Rights ACSF Afghanistan Civil Society Forum AF Advocacy Forum AI Amnesty International AIHRC Afghanistan Independent Human Rights Commission AJP Afghanistan Justice Project AL Awami League ANBP Afghanistan New Beginnings Program ANDS Afghanistan National Development Strategy ANP Afghan National Police APF Armed Police Force APRP Afghanistan Peace and Reintegration Program AREU Afghanistan Research and Evaluation Unit AW Accountability Watch AWN Afghanistan Women’s Network CAT Convention Against Torture vii CEDAW Convention for Elimination of Discrimination Against Women CERP Commander’s Emergency Response Program CCF Canadian Commander’s Contingency Fund CCDH Human Rights Consultative Council CHD Center for Humanitarian Dialogue CHR Commission on Human Rights CHRP Commission on Human Rights of the Philippines CIA Central Intelligence Agency CIPs Community Impact Projects CIVIC Campaign for Innocent Victims in Conflict COCAP Collection Campaign for Peace CoA Constitution of Afghanistan CPA Communist Peace Agreement CPN-M United Communist Party of Nepal-Maoist CRC Convention on the Rights of the Child CSHRN Civil Society and Human Rights Network CSJ Committee for Social Justice CVSJ Conflict Victims’ Society for Justice DDR Disarmament Demobilization and Reintegration DIAG Disbandment of Illegal Armed Groups DFID UK Department of International Development DIHR Danish Institute of Human Rights viii DPKO Department of Peacekeeping Operations DRA Democratic Republic of Afghanistan ECCC Extraordinary Chambers in the Courts of Cambodia ECOSOC Convention on Economic Social and Cultural Rights EU European Union FEDO Feminist Dalit Organization FIR First Information Report FOHRID Human Rights and Democratic Forum FSV Foundation for Solidarity for Victims GoA Government of Afghanistan GoN Government of Nepal GTZ German Technical Agency HRC Human Rights Council HRW Human Rights Watch HRAG Human Rights Advisory Group IAGs Illegal Armed Groups ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICG International Crisis Group ICJ International Commission of Jurists ICRC International Committee of the Red Cross ICTJ International Center for Transitional Justice ix ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for Former Yugoslavia IDPs Internally Displaced Peoples IHCHRP The International Council on Human Rights Policy IMF International Military Forces INHURED International Institute for Human Rights, Environment Development IOM International Organization for Migration ISA
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