Rome Conference on Justice and Rule of Law in Afghanistan

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Country/entity: Afghanistan
Region: Europe and Eurasia
Agreement name: Rome Conference on Justice and Rule of Law in Afghanistan
Date: 3 Jul 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Afghan Wars (1979 - )
The agreements are drawn from two distinct conflict periods. Post Soviet-intervention period. First, after an uprising against the communist government, the Soviet Union invaded Afghanistan in December 1979 and set up a puppet government. Fierce resistance came in on the form of domestic and foreign Mujahidin fighters who, by 1988, forced the Soviet Union to withdraw. The Communist government that remained was defeated in 1992 against a background of violence, which spiralled into a tumultuous multi-party civil war with a strong tribal basis. In 1993 a peace accord was signed, but by 1994 the conflict realigned itself as the Islamic-based Taliban emerged from the refugee camps, eventually occupying the capital city of Kabul in September 1996 spurring groups that had militantly opposed the communist government to unite in opposition to the Taliban.

Post US-intervention period. After the terror attacks on September 11, 2001, the United States invaded Afghanistan and removed the Taliban from power. In December 2001, the UNSC mandated the International Security Assistance Force (ISAF) to assist Afghanistan’s interim authorities. In 2003 ISAF command was placed under NATO’s responsibility. Within three years, however, the Taliban managed to re-group and re-structure and launched intense resistance to the internationally-recognized Afghanistan government and NATO support troops. Despite this resurgence of the Taliban, NATO leaders lacked the necessary support for the mission abroad, and NATO troops were withdrawn by the end of 2014.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Afghanistan: 2000s Post-intervention process
Parties: Not signed, agreement mentions the following parties as having produced it: the Government of Afghanistan, the Government of Italy and the United Nations co-hosted a Ministerial level International Conference on the Rule of Law in Afghanistan.
Third parties: -
Description: This short agreement details the outcomes of an international conference on the Rule of Law in Afghanistan, outlines donor support for national development and justice reform strategies and programmes.

Agreement document: AF_070703_RomeConference.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Paragraph 2
The Conference has reaffirmed the crucial importance of the reform of justice and the implementation of the rule of law for the reconstruction of Afghanistan , recognizing that without justice and the rule of law no sustainable security, stabilization, economic development and human rights can be achieved.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
Page 1, Paragraph 2
The Conference has reaffirmed the crucial importance of the reform of justice and the implementation of the rule of law for the reconstruction of Afghanistan , recognizing that without justice and the rule of law no sustainable security, stabilization, economic development and human rights can be achieved.

Page 1, Paragraph 4
Within the framework of the Afghanistan Compact, the vision of “Justice for all” and the Afghanistan National Development Strategy, the Government has committed itself to finalize a national justice sector strategy and to implement a comprehensive rule of law reform with the assistance of the international community that has pledged significant support.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, Paragraph 2
The Conference has reaffirmed the crucial importance of the reform of justice and the implementation of the rule of law for the reconstruction of Afghanistan , recognizing that without justice and the rule of law no sustainable security, stabilization, economic development and human rights can be achieved.
National economic plan: Page 1, Paragraph 4
Within the framework of the Afghanistan Compact, the vision of “Justice for all” and the Afghanistan National Development Strategy, the Government has committed itself to finalize a national justice sector strategy and to implement a comprehensive rule of law reform with the assistance of the international community that has pledged significant support.
Natural resources: No specific mention.
International funds: Page 1, Paragraph 5
The Conference has agreed that the rule of law reform and the coordinated support by the International Community will be implemented through a National Justice Program , including short, mid and long term implementation and a mechanism for review, to be funded in significant part through the ARTF, and has invited the World Bank together with other international organisations to assist the Government in the development of the National Justice Program.

Page 1, Paragraph 6
Donors at the Conference confirmed their previous and continuous commitment to the reform of the Justice and Rule of Law sector. In addition they have made new pledges for a total amount in the range of about 360 millions dollars (some of which are multi-year pledges) to support short term projects and will consider to commit further funds to implement the National Justice Program. They have committed themselves to a coordinated approach at central level and at provincial level through the establishment of a Provincial Justice Coordination Mechanism. The Conference agreed on the establishment of an Afghan led effective and comprehensive monitoring and evaluation system for the justice sector linked to the ANDS/JCMB Secretariat.

Page 1, Paragraph 7
Finally, the Conference agreed on the next steps as foreseen by the Conference Joint Recommendations, including the elaboration, by October 2007, of a Justice Sector Strategy followed by the National Justice Program supported by an implementation plan by the Government and donors to be developed within the ANDS process that will be presented in a meeting in Kabul, in order to link the programs with the commitments expressed and the recommendations adopted in Rome. The program will be finalized and made operational soon after the Rome Conference, in collaboration with the Afghan Ministry of Finance, with the assistance of the World Bank and the donor community.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Paragraph 2
The Conference has reaffirmed the crucial importance of the reform of justice and the implementation of the rule of law for the reconstruction of Afghanistan , recognizing that without justice and the rule of law no sustainable security, stabilization, economic development and human rights can be achieved.

Page 1, Paragraph 5
The Conference has agreed that the rule of law reform and the coordinated support by the International Community will be implemented through a National Justice Program , including short, mid and long term implementation and a mechanism for review, to be funded in significant part through the ARTF, and has invited the World Bank together with other international organisations to assist the Government in the development of the National Justice Program.

Page 1, Paragraph 6
Donors at the Conference confirmed their previous and continuous commitment to the reform of the Justice and Rule of Law sector. In addition they have made new pledges for a total amount in the range of about 360 millions dollars (some of which are multi-year pledges) to support short term projects and will consider to commit further funds to implement the National Justice Program. They have committed themselves to a coordinated approach at central level and at provincial level through the establishment of a Provincial Justice Coordination Mechanism. The Conference agreed on the establishment of an Afghan led effective and comprehensive monitoring and evaluation system for the justice sector linked to the ANDS/JCMB Secretariat.

Page 1, Paragraph 7
Finally, the Conference agreed on the next steps as foreseen by the Conference Joint Recommendations, including the elaboration, by October 2007, of a Justice Sector Strategy followed by the National Justice Program supported by an implementation plan by the Government and donors to be developed within the ANDS process that will be presented in a meeting in Kabul, in order to link the programs with the commitments expressed and the recommendations adopted in Rome.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Not signed, agreement mentions the following parties as having produced it: the Government of Afghanistan, the Government of Italy and the United Nations co-hosted a Ministerial level International Conference on the Rule of Law in Afghanistan.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/node/1815

ROME CONFERENCE ON JUSTICE AND RULE OF LAW IN AFGHANISTAN (July 2-3, 2007)

CHAIRS CONCLUSIONS

On July 2nd and 3rd the Government of Afghanistan, the Government of Italy and the United Nations co-hosted a Ministerial level International Conference on the Rule of Law in Afghanistan.

The Conference has reaffirmed the crucial importance of the reform of justice and the implementation of the rule of law for the reconstruction of Afghanistan, recognizing that without justice and the rule of law no sustainable security, stabilization, economic development and human rights can be achieved.

The Conference has commended the Afghan Government for the efforts and the progress made, while at the same time recognizing that the implementation of the rule of law, while striving towards international standards and respect for human rights as stated in the Afghan Constitution, requires a long term commitment, consistent with Afghan needs and context, and structured investment.

Within the framework of the Afghanistan Compact, the vision of “Justice for all” and the Afghanistan National Development Strategy, the Government has committed itself to finalize a national justice sector strategy and to implement a comprehensive rule of law reform with the assistance of the international community that has pledged significant support.

The Conference has agreed that the rule of law reform and the coordinated support by the International Community will be implemented through a National Justice Program, including short, mid and long term implementation and a mechanism for review, to be funded in significant part through the ARTF, and has invited the World Bank together with other international organisations to assist the Government in the development of the National Justice Program.

Donors at the Conference confirmed their previous and continuous commitment to the reform of the Justice and Rule of Law sector.

In addition they have made new pledges for a total amount in the range of about 360 millions dollars (some of which are multi-year pledges) to support short term projects and will consider to commit further funds to implement the National Justice Program.

They have committed themselves to a coordinated approach at central level and at provincial level through the establishment of a Provincial Justice Coordination Mechanism.

The Conference agreed on the establishment of an Afghan led effective and comprehensive monitoring and evaluation system for the justice sector linked to the ANDS/JCMB Secretariat.

Finally, the Conference agreed on the next steps as foreseen by the Conference Joint Recommendations, including the elaboration, by October 2007, of a Justice Sector Strategy followed by the National Justice Program supported by an implementation plan by the Government and donors to be developed within the ANDS process that will be presented in a meeting in Kabul, in order to link the programs with the commitments expressed and the recommendations adopted in Rome.

The program will be finalized and made operational soon after the Rome Conference, in collaboration with the Afghan Ministry of Finance, with the assistance of the World Bank and the donor community.