Road Map for Afghan Reconciliation Negotiation
(A tentative draft proposed by Dr.Hassan Ko Nakata written on 2011/09/11)
1. Simultaneous issuing statement of mutual recognition of two parties fighting each other as organized political entities which are represented by their respective sovereigns or heads of state to the international society.
2. Selecting persons who are authorized to be involved in the reconciliation negotiation, one of whom is a representative of one party (United States of America) nominated by its sovereign (President Obama), another is nominated by another party(Islamic Emarat of Afghanistan whose head is Amīr Almu’minīn Mollāh ̒Umar), and the third one is a mediator who is agreed by both of the nominated representative.
3. Both of the party is given the address in which the security of the persons involved in the negotiation is guaranteed by both parties.
4. The negotiation will start in the country where the addresses of the both parties are located by the authorized persons.
5. The negotiation should start without any substantial condition imposed except above-mentioned procedural preconditions.
6. All the contents of the negotiation should be open, including ceasefire, withdrawal of foreign forces, accepting legitimacy of the present constitution, and breaking off the relation with Al-Qā‛idah.
7. The negotiation should not be abandoned and its channel should officially be kept open, even while the battles would be continuing.
8. The final agreement will be concluded by both parties, in which status of Islamic Emarat of Afghanistan and Islamic Republic of Afghanistan would be finally decided or decided to be trusted to the decision of Afghan nation through suitable means of Jirga or Afghani-Islamic way of election, Ikhtiyār al-Ḥākim.
Commentary on Road Map for Afghan Reconciliation
1. Background of the Problem
(1) The security situation has been deteriorating day by day since entry of US and her coalition force and collapse of Taliban government(Islamic Emarat of Afghanistan:1996-2001. It will be abbreviated bellow as Emarat) in 2001.
(2) Emarat has recovered its (mainly negative) support until now it is said that more than 70% of the country is under its control, since it lost it completely in 2001.
(3) The sole government which realized security almost all over the land of Afghanistan and abolished drug trade was Emarat in its final stage.
(4) The main reason of the increase of insurgence movement in Afghanistan is the anger of people for so called “collateral damages”, which are in fact civilian victims of INSAF force’s attack.
(5) It seems that main reason of the deterioration of security and return of Emarat is the ill governance of Karzai government and ISAF occupying force.
(6) Emarat lost its negative support from Afghan people when US attacked it, because of its harsh rule and atrocities which it made them suffered, although the warlords of the Northern alliance and others committed by far the more brutal infringements of human rights, which made people accept Emarat in place of those warlords so that Emarat could expelled them so quickly.
2. General Framework of Negotiation
(1) We should notice that we are searching a framework of negotiation between two parties which do not share common legal reference system.
(2) The legal reference system of US is ‘the International law’, which is in fact nothing more than the Western law, while the legal reference system is Sharī‘ah, the Islamic Divine Law.
(3) The Western international law and Islamic Sharī‘ah share some common elements but the commonalities are limited.
(4) Both parties should try to grope solutions for respective issues on ad hoc basis referring to the ‘true universal common sense’ without forcing application of their own law on the another party.
(5) Both parties should pay some ‘respect’ to the reference law of the another party, in sense that they admit validity of the law of the another party in its territory and observe negatively, ie., don’t infringe on it, the law of the another party in case they are in another parties territory.
(1) ISAF foreign forces are occupying Afghanistan by the pretext that they are fighting against al-Qāi‘idah which threatens the security of the West. But it became clear that Al- Qā‘idah’s leadership and soldiers are now not in Afghanistan but in Pakistan.
(2) The insurgents, main actor of whom are Taliban (Mujahideen of Emarat) , are not fighting for doing harm to Western people living their own counties in the West, but fighting against the foreign invader force who has been killing Afghan citizens including those insurgents.
(3) The number of victims Afghan citizens who were killed because of the foreign invader forcer are by far the more than as is officially stated by ISAF, though a quite a lot of whom are ‘collateral damage’ caused by the insurgents’ attacks against the foreign force and Karzai government.
(4) When General MacCristal, offered 2500$ for Afghan civilian victims, Afghan people got to be furious because it seemed blatantly contrary to justice, equality and humanity.
(5) Whatever the reason might be, it is the fact that Afghan peoples are those who have become victims of the civil war and been suffering.
(6) Not only inside Afghanistan but outside of it, it is widely believed that billions of dollars which are spent in the name of Afghanistan aide are in fact consumed for the Western companies, NGOs, and their personnel, and usurped by Afghan warlords, politicians, and businessmen with political ties, and ordinary people hardly take benefit of it.
(7) Not only ISAF foreign force but also the insurgent groups, whose main actor is Taliban Mujahedeen group, has killed innocent people. And some alleged 'Taliban related' insurgents groups have committed atrocities and cruel behaviors to Afghan citizens under the cause of Islamic resistance.
(8) There are many misunderstandings about Taliban like “Taliban ban girl’s education”, because all the official mass media are under the control of anti-Taliban groups not only inside Afghanistan but internationally and they are distorting Taliban's image.
(9) Beside many slanders about Taliban, it is true that many infringements against human rights and rules of Sharī‘ah still has been happening by Taliban’s ‘shadow government’ as well as ‘self-alleged Taliban’ insurgent groups, because of lack of proper higher Islamic educations and dysfunction of line of command among them as clandestine organizations under close surveillance.
(10) The name ‘Taliban’ has become the symbol of national resistance, even the President Karzai himself once said in Kandahar that he would join Taliban if the West would continue to make pressure on him.
(11) Necessity of reconciliation with Taliban comes to be felt even among the Western occupying forces, and some American policy makers (including Obama and Hilary Clinton) seem to decide to start negotiation with Taliban, while among Afghans themselves, statistics show that around 90% are agreeing with reconciliation with Taliban.
(12) But politicians and former warlords of Karzai government are opposing reconciliation as well as self-alleged “human rights activists” claiming that Taliban should not participate in the government because they committed atrocities of massacres and numerous violations of human rights during their rule.
(13) It is true that Emarat had infringed human rights and Sharī‘ah’s rules many and these infringements have not yet been redeemed, but as is same with former warlords or they made atrocities by far the worse than Taliban, who are now in occupying high offices of Karzai government.
(1) The logical conclusion from analysis of current situation in Afghanistan is that the sole way of solution of the above mentioned problems are to put Emarat, which is the main actor of the insurgent groups and consist of ‘shadow government’ in the most part of the country, in charge of governance and security of Afghan nation in place of the government and the foreign force which has proved by themselves of their incompetence of the governance in the country in spite of the tremendously huge amount of the money which they have spent in the name of Afghanistan reconstruction.
(2) The claim opposing containment of Taliban because of their commitment of numerous violations of human rights during their rule should be dismissed and the reconciliation with them is necessary, just same as sinful warlords should have been accommodated for the peace.
(3) The reconciliation had better form the integration of Islamic Republic of Afghanistan (IRA) which was established under the full control of the foreign force and attained the legitimacy as de fact power into the former legitimate ‘national’ government of Islamic Emarat of Afghanistan which realized peace and security by finishing the long suffering civil war, not the contrary, ie., integration of Emarat into Islamic Republic.
(4) The role of UNAMA (United Nations Assistance Mission in Afghanistan) is to help financially and technically Emarat to solve the above mentioned problems and guarantee the peaceful transition of the power during the process of integration of IRA into Emarat.
(5) The final form of Emarat and the constitution will be decided by the will of Afghan nation which will be expressed through Roya Jirga in suitable time, and the constitution will be based on the present constitution of IRA with some necessary amendments.
(6) UNAMA should provide Emarat with full support for development of Islamic education of EMARAT personnel lest they should infringe human rights which Shari‘ah, Islamic law guarantees.
(7) Development of the education of women had better follow Saudi Arabian model, in which the rate of girl students of universities consist 56.8% in 2010, because of the similarities of the social tradition between two countries in this respect.
(8) The place of Amīr al-Mu’minīn, the head of the state, might be Kandahar, while the administrative organ of the government should be located in Kabul, which is given special status as a “cosmopolitan city” in which non-Muslim foreigners of “Ahl al-dhimmah” and “Musta’min” can enjoy full rights of their freedom of faith and its practice and Muslim Afghan nationals should associate with them on their responsibility in front of Allah.
(9) The religion of the state is Islam according to the orthodox interpretation of Hanafi legal school which is to be defined by consultative body of Ulamā’ in the presence of Amīr al-Mu’minīn, while the freedom of faith of other schools of Islam is guaranteed in private areas and the lawsuits between Shiite Muslims are dealt by Shiite Qaḍīs(judges) in Shiite majority districts.
(10) Security of Kabul will be guaranteed by foreign force of ISAF during the transitional period of transformation of the administrative body, but ISAF should be reorganized into Muslim force, ie, Turkish army and Muslim soldiers of the other countries, while the existence of non-Muslim foreign armies should be restricted inside the embassies where they are in charge of the security.
(11) The Western countries which advocate the ‘Human Right’, freedom, equality, and ‘liberal democracy’ should support financially, legally, procedurally, and technically immigration of Afghan nationals who prefer it to living in Emarat.
(12) Emarat should prove itself being detached from any organizations which use Afghanistan as their base to attack militarily the Western countries as it claims.
(13) The right of revenge of victims because of civil wars since Mujahedeen government up to now should be relinquished, whoever the offenders might be, soldiers of Afghan warlords or Taliban or ISAF armies or ‘mercenary’ of Western security companies, except the soldiers who would be sentenced guilty by the court-martial should be punished by law of the respective country.
(14) In place of resignation of the right of revenge, the victims and the bereaved families should be compensated and the compensation for civilian victims based on justice acceptable to Afghan people, should be given priority to the other financial aids.
(15) The compensation had better be 1,000 Dinar (1 Dinar =4.25g 22 Karat gold) or 10,000 Dirham (1 Dirham = 3 gram silver) according to Sharī‘ah for all the victims except whom Afghan court proves that they are actually fighting with weapons. It seems acceptable as well to all who believe in human dignity and equality, and if UNAMA would coin Dinars for compensation, Afghan people would appreciate it very much because it proves respect of UNAMA for the justice of Sharī‘ah, and UNAMA’s Dinar or Dirham will be the visible symbol of it.