Wrong Perception and Misunderstanding of Transitional Justice in the third world: Example of Afghanistan
Wrong Perception and Misunderstanding of Transitional Justice in the third world: Example of Afghanistan
Author: Dr. Najibullah Anwar
Transitional justice consists of various measures aimed at achieving justice for those subjected to gross human rights violations. These measures can take both judicial and non-judicial forms, including criminal prosecutions, truth commissions, reparations programs, institutional reforms, and mechanisms to prevent future abuses.
Unfortunately, in most third-world countries, the concept of transitional justice is poorly understood. Some assume it implies the resurgence of violence and revenge, while others perceive it as a tool to eliminate political and personal rivals. Political groups often exploit it to undermine their opponents. As a result, a lack of public awareness and sufficient information has hindered the development of a unified understanding of transitional justice in these nations.
Afghanistan, after decades of war, human rights violations, and political and social injustice, is among the countries that urgently need transitional justice. The Afghanistan Independent Human Rights Commission (AIHRC) was established in 2002 to monitor human rights and promote justice, but it failed to achieve its goals.
One major reason for this failure was the lack of political will among the governments that came to power after the Bonn Conference. Many government officials were implicated in human rights violations and war crimes. Fearing prosecution, they had no interest in supporting the process. In January 2002, during a visit to Washington, D.C., President Hamid Karzai and his cabinet delivered a speech at Georgetown University. My friend Rahim Barakzai and I pointed out to a Washington Post reporter (Washington Post, January 28, 2002) that reinstating such individuals to positions of power was a grave injustice to the Afghan nation. Now, more than twenty years later, this prediction has proven true, and the Republic has failed.
In a critical interview at the time, it was stated that without transitional justice, Afghanistan would not see progress or peace. Many countries that have experienced war have only achieved peace and stability after implementing transitional justice. For example, in Germany, after World War II, the Nuremberg Trials played a crucial role in establishing peace and laying the groundwork for economic progress. This transitional justice process helped German society achieve reconciliation and build the foundations for sustainable development.
