Embassy Participates in Suffolk University Panel on Transitional Justice
First Secretary M. Ashraf Haidari joined an academic panel discussion on “Transitional Justice: The Rule of Law in Afghanistan” at the Suffolk University Law School in Boston, Massachusetts on February 8. Secretary Haidari discussed in detail the formation of modern nation-state in Afghanistan and the establishment of the formal justice sector as a key component of the country’s early state-building process. Secretary Haidari explained that Afghanistan adopted and amended several constitutions from 1919 to 1978, which incorporated elements of secular, Sharia and customary laws, but that the legal presence of the government remained limited to provincial centers, while the practice of customary law effectively dominated rural Afghanistan, home to more than 70% of the Afghan population.
Secretary Haidari noted the importance of recommitment by the international community to Afghanistan’s reconstruction. “I think at a time when the US government and public are almost entirely focused on Iraq, it is crucially important for the US national security that we not forget about the critical needs and challenges of nation-building in Afghanistan,” he said. He stressed that “It is in Afghanistan where the Al-Qaeda and Taliban terrorists planned the 9/11 attacks on the United States, and it is still in Afghanistan where we continue to fight these terrorists five years on. Winning the peace in Iraq is important, but neglecting Afghanistan again will seriously endanger the US and international security.”
Although Mr. Haidari praised the achievements of the past five years in building the basic institutions of the central government, he criticized underinvestment by the international community in the implementation of the judicial and police reforms. He spoke about the neglect of law enforcement institutions, which constitute the face of any government, and called for additional international resources to be allocated to implement vital judicial and police reforms. Secretary Haidari concluded his remarks by recommending that state institutions be strengthened to address security needs and build the trust of Afghans.
Other panelists included Thomas Barfield, Professor of Anthropology at Boston University, Valerie Epps, Professor of Law and Director of the International Law Concentration at the Suffolk University Law School, and John Cerone, Professor of International Law and Director of the Center for International Law and Policy at the New England University School of Law.
