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Viewing cable 09KABUL249, Afghan Human Rights Report on Kuchi-HazaraViolence:

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Reference ID Created Released Classification Origin
09KABUL249 2009-02-03 10:02 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kabul
VZCZCXRO1539
RR RUEHPW
DE RUEHBUL #0249/01 0341002
ZNR UUUUU ZZH
R 031002Z FEB 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC 7115
INFO RUCNAFG/AFGHANISTAN COLLECTIVE
UNCLAS SECTION 01 OF 05 KABUL 000249 
 
DEPARTMENT FOR SCA/FO, SCA/A, EUR/RPM 
STATE PASS TO AID FOR ASIA/SCAA 
NSC FOR WOOD 
OSD FOR WILKES 
CG CJTF-101 POLAD 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV AF
SUBJECT:  Afghan Human Rights Report on Kuchi-HazaraViolence: 
Government Inaction Could Lead to More Clashes 
 
Summary 
------- 
 
1.  The Aghan Independent Commission on Human Rights' (AICHR) 
report on the Summer 2008 clashes betwee ethnic Hazarans and ethnic 
Pashtoon Kuchi nomds in Wardak Province concludes that, absent 
decisive government intervention to resolve this long running 
dispute, violence is likely to flare up again in the summer of 2009. 
 The report states that the 2008 clashes resulted in 24 Hazarans 
killed, 11 injured, over 6000 families displaced, and property 
heavily damaged due to the looting of houses, destruction of 
farmland, and the killing of animals.  The report includes 
unconfirmed reports that the Kuchi sufered 30 killed and 42 injured 
(AICHR investigators were prohibited by Afghan security fores from 
visiting the Kuchi camps or speaking directly with Kuchi involved in 
the conflict).  The report is critical of the Karzai government, 
noting that no action has been taken to resolve the Kuchi-Hazara 
dispute, despite increasingly violent clashes every year.  The 
unwillingness or inability of the Afghan National Army (ANA) to 
effectively control the violence is also noted.  Since the AICHR has 
not posted an English version of its report on its website, Embassy 
translation of the report is repeated here in its entirety, less an 
appendix listing the names of casualties and locations of destroyed 
property.   (Note: while the report frequently refers to "settlers," 
it should be noted that the settlers in the areas discussed are 
predominantly ethnic Hazaran.)  End Summary. 
 
Translation of Report 
---------------------- 
 
2.  Begin translation: Afghan Independent Commission on Human 
Rights' Report on dispute between Kuchi (Nomadic People) and locals 
in the Hesaee Awal Beshood district, Hesaee Dow Behsood district 
(first and second parts) and Dymirdad district of Maidan Wardak 
province during the year 1387Af (2008) 
 
Introduction 
 
Throughout the history Afghanistan, some of the Pashtoon tribes who 
hail from southern Afghanistan have been living nomadic life. They 
move from one area to another in different seasons of the year. They 
claim to own grazing land (pasture) and leisure sites in different 
parts of Afghanistan. 
 
To utilize the pasture land, the Kuchi reached areas in central 
Afghanistan at the end of the 19th and beginning of the 20th 
centuries.  Right from the beginning, the arrival of Kuchi in the 
central lands has been marked by violent clashes with locals. The 
Kuchi caim that, due to the lack of grazing land in theEast, and 
the suitable climate of the centralhighlands for grazing cattle in 
spring and summer, previous governments have granted them permission 
to utilize the pasture in these areas. But, local inhabitants 
believe that it is the right of permanent dwellers to utilize this 
pasture land. They say the decision of previous governments to grant 
the Kuchi the right to utilize the pasture was discriminatory, 
oppressive and politicized. On the other hand, irrigated land for 
seasonal cultivation in this area is limited and the people depend 
on animal husbandry to feed their families. To raise animals, locals 
depend on the limited natural pasture that exists in the area. 
 
Therefore, the current dispute between Kuchis and natives in these 
areas has deep roots and a long precedent in the history of 
Afghanistan. Unfortunately, in different epochs of the history, 
rulers and various political circles used this quarrel to serve 
their political interests. In fact, both Kuchi and local settlers 
are the victims of this political gambling, which unfortunately has 
kept their relations tense.  But, it should also be noted that some 
of the Kuchi families claim that they have legally purchased some 
land from local people and have the official and informal documents 
in hand proving their ownership. Apparently, locals have not 
disputed these claims. 
 
Kuchi did not move to the Hazarajat (central) areas during the Jihad 
(resistance against the former Soviet Union) but returned to the 
pasture of the central Afghanistan during the Taliban rule. 
Although the dispute is not limited to the Beshood area, Behsood is 
considered the gate to most of the central land, and the area has 
witnessed heavy clashes between Kuchi and locals in recent years. 
In 1382 Af (2003) locals agreed that Kuchi could stay in the area 
for one year as their guest, but in 1383 (2004) a local was killed 
as a result of dispute in the area. In 1384 (2005) another local was 
killed.  Although 1385 (2006) also saw clashes and disputes between 
the rivals, causing displacements and heavy material losses of the 
locals, no fatalities were reported. But in 1386 (2007), 11 local 
people were killed, and 1900 families were displaced. The Kuchi also 
claimed that one of their own was killed during that year. 
 
Despite the fact that this dispute has erupted every year since the 
new government took office, and has claimed many lives, the Afghan 
government has yet to take effective steps to permanently solve the 
problem. That is why the tragedy was repeated this year as well. 
Article 14 of the constitution obliges the Afghan government to 
prepare and implement effective plans for the settlement of the 
Kuchi.  But despite its legal obligation, the government of 
Afghanistan paid no attention to the repeated calls of the 
Afghanistan Independent Human Rights Commission (AIHRC) and the 
consequences of the disputes during recent years. Still, still the 
government has no plan for the fair settlement of the Kuchi. The 
dispute intensified in 2008, which inflicted heavy human and 
material losses.  This report explains different aspects of this 
year's dispute: 
 
Details of the dispute in 1387 (2008) 
 
Fighting first erupted in the Hesaee Dowum district of Behsud on 
26/3/187 AF (15 June 2008) and on 17/4/1387 (07 July 2008) spread to 
the Hesaee Awal and Dymirdad districts.  Unfortunately, right from 
the beginning, this war created human casualties and heavy material 
losses which continued up to early Asad (Late July).  The fighting 
ended when the Kuchi left the area, obeying the decree of the 
President issued to this effect.  The last group of Kuchi pulled 
back from "Fash" village of Dymirdad district on 12/5/1387 (2nd 
August 2008). During the clashes and afterward, several fact finding 
missions were sent by the Afghanistan Independent Human Rights 
Commission (AIHRC) to the said districts to examine the consequences 
of the fighting. Following is the main point of their findings: 
 
-- At least 24 (6 people from Hesaee Awali Behsood district, 12 from 
Hessai Dowum Behsud district and 6 from Dymirdad district) local 
residents were killed during the fighting. A 14-year old girl, two 
students and two seventy year old persons were among those who lost 
their lives in the fighting.  Also, three people (a woman, a girl 
and a man), all locals of Hesawee Awali Behsud lost their lives as a 
result of a traffic accident while on their way to immigrate to 
Kabul. 
 
-- At least 11 people from Hesaee Awal and Hesae Dowum districts 
were injured, including women and children. 
 
-- In a meeting with the members of Afghanistan Independent Human 
Rights Commission (AIHRC) on 10/5/1387 (31 July 2008) in the Besti 
village of Heswaee Awal district, representative of the Kuchi 
claimed that 30 Kuchi were killed during the fighting, with an 
additional 42 injured. Commission delegates asked the Kuchi to prove 
their claims, but they could not present any proof. Also, no 
independent confirmation of the claim was available. 
 
Displaced People 
 
-- In two districts of Hesaee Awal and Hesaee Dowum, inhabitants of 
over 400 villages (230 villages from the Hesaee Awal Behsood and 170 
villages of Hesaee Dowm Behsood) left their homes and migrated to 
other areas.  Five to 30 families had been living in each of these 
districts.  Also, in Dymirdad district, 1,300 families have been 
displaced.  Totally, over 6000 families have been displaced in these 
three districts. 
 
-- The displaced families live in miserable conditions.  The AIHRC 
delegation saw families who had no food for one night.  Also, the 
commission saw villages where no house was left undamaged; they were 
all burnt, or looted.  The main problems faced by the displaced are: 
no shelter, no food, no fodder for animals, no firewood or materials 
for the winter, diseases of women and children, school closures and 
fear of insecurity. 
 
-- Although government delegations to some extent assessed the 
damages in these three districts, the government has taken no action 
to help displaced people. Particularly, no assistance was extended 
to the displaced people of Hesaee Awal and Dymirdad districts. 
(Except for very little assistance which has been extended to the 
displaced of Kajab area). 
 
Damages 
 
-- Over 200 of the vacated houses located in Hessaee Awal and 
Hessaee Dowm districts have been seriously damaged.  In these 
villages agricultural harvest has been wiped out, properties and 
home appliances have been looted, fire materials and animal fodders 
have been mostly burnt and in many places residential houses were 
set ablaze. 
 
-- In three districts of Hessaee Awal, Hessaee Dowum and Dymirdad, 
84 houses, including 420 rooms, 3 mosques, 9 shops, 3 cars (one 
police ranger and 3 private cars) were set on fire. It is worth 
mentioning that these figures only apply to those houses which were 
visited and photographed by the inspectors of the AIHRC.  Many 
houses were not inspected and surely the numbers of burnt house are 
more than presented in this report. 
 
-- During the fighting 35 high, middle and elementary schools had 
been closed and over 8392 students were deprived from attending 
their classes and their mid year exam. At least two schools had been 
set on fire and 4 more were seriously damaged. 
 
-- As fighting started, 7 health clinics stopped their operation, 
depriving ten of thousands of people from health services. 
 
-- Keeping in mind the intensity of damages such as heavy losses to 
farmland, looted houses and lost animals, the AIHRC does not have a 
clear account of all the losses. 
 
Government Action 
 
-- Even though the Afghan government sent several delegations to the 
area since the start of the dispute, they have not been effective in 
stopping the fighting. The most effective action by the government 
was a presidential decree on 31/4/1387 (21 July 2008) calling on 
Kuchi to leave the area for this year.  As a result of the decree 
fighting died down temporarily. 
 
-- Local governments of the three districts have taken no action to 
prevent the fighting or investigate the case. Local officials told 
AIHRC that the problem is too big for them to solve so they can not 
interfere. 
 
-- The purpose of sending Afghan National Army (ANA) troops to 
Hesaee Awal and Hessaee Dowum districts was to create a ceasefire 
and protect a buffer line between warring factions in the war zone. 
ANA soldiers were deployed in the area on 17 June 2008, but could 
not protect the buffer zone. Following the deployment of the ANA, a 
15-day truce was agreed on 5 Saratan (25 June, 2008) as a result of 
mediation efforts by the first presidential delegation (Shahzada 
Masoud and Amanullah Zadran) and some local representatives. The ANA 
was tasked to install security post to protect the ceasefire, but 
the cease fire was violated in the afternoon of the same day (25 
June).  Also, fighting took place on 17/4/1387 (July 7, 2008) in 
Kharbid area of Hesaee Awali Behsood district, on 20/3/1387 (July 
10, 2008) in Dahan Aoji in Hesaee Dowm Behsood district and on 
26/3/1387 (July16, 2008) in Bad Asiab area. Kuchi entered other 
parts of Hesaee Awal district as well.  Consequently, fighting 
continued until the presidential decree was issued on 21 of July, 
2008.  The AIHRC delegation eye-witnessed two clashes in Hesaee Awal 
and Hesaee Dowum Behsud which occurred on 28 and 29 of Saratan (July 
18 and 19, 2008). Surely, the killing of people in Hesaee Awal 
district happened after the deployment of ANA in the area. 
Therefore, keeping in view the performance of ANA units, it could be 
said that either ANA favored one side and deliberately did not stop 
the fighting, or completely ignored its responsibilities. 
 
-- The Afghan National Police (ANP), since its deployment in the 
Mirhazar area on 27/3/1387 (July 16,2008) kept the area secure until 
the fighting ended. To some extent, they achieved their targets. 
After the deployment of the ANP, there was no additional damages to 
people's houses and farmland. Eye witnesses from the area even said 
that on some occasions, police officers under the order of their 
superiors irrigated farmlands in areas under their control for the 
people's benefit. There is no comparison between the losses and 
damages between areas under the control of the ANP (From Auji to 
Mirhazar in Hesaee Dawm Behsood) and areas controlled by the ANA. 
Most of the damages were inflicted to villages of Hesaee Awal 
district which was under the control of the ANA. 
 
-- Although the government sent a delegation to asses the losses and 
it seems that the assessment has been completed, no assistance and 
compensation was provided. 
 
Conclusion 
 
During the fighting this year, 24 people have been killed, 11 were 
injured, over 6000 families have been displaced, over 84 houses were 
set on fire and people suffered heavy material losses due to looting 
of their houses, losing animals, destruction of their farmlands and 
closure of their schools and health clinics.  Also, Kuchi claimed 
that they lost 30 people, while 42 of them have been injured. 
 
Lack of government attention to last year's dispute, has worsened 
the problem.  As a result, the issue has become an ethnic dispute 
with possible serious consequences.  In addition, this has further 
increased the sense of no confidence among the people about the 
government. No doubt, this widens the gap between people and 
government and consequently will seriously challenge the writ of the 
government in these areas.  If there is no permanent solution to the 
dispute next year, the tension will be intensified and will have 
disastrous consequences on a national level.  Continuation of 
fighting in the area will revive the culture of violence and 
warlordism in the area. 
 
In this case, the rights of living, rights of ownership, rights of 
protection from forced immigration, right of access to education and 
health services, and rights of personal security of many citizens of 
Afghanistan have been violated.  According to articles 6, 23, 24, 
38, 40,43, and 52 of the constitution of Afghanistan, and in 
accordance with other national and international conventions, the 
Afghan government has the obligation to protect the rights of Afghan 
citizens. But as the report indicates, the government has not taken 
timely and effective action to protect the human rights of its 
people. 
 
Urgent and Short-term Suggestions 
 
First - As indicated in the report, over 200 villages in two 
districts of Hesaee Awal and Hesaee Dowum have been seriously 
damaged. In several of these villages people's houses and fodder for 
their animals have been set on fire, food stuff (such as wheat and 
flour) had been destroyed, agricultural crops were devastated and 
the whole livelihood has been diminished. Dwellers of these villages 
who have slowly returned to their houses are in dire need of 
assistance. Of course, any help to the returnees should be 
fundamental to enable them rebuild infrastructure for their 
livelihoods. Government, national and international humanitarian 
organization should provide such support to these displaced people 
as soon as possible so a human catastrophe can be avoided. 
 
Second - The government of Afghanistan should asses the damages in 
all these areas fairly, and accurately evaluate and calculate the 
inflicted losses and take necessary measures for a fair compensation 
to the losses. 
 
Third - The government of Afghanistan should conduct an accurate, 
comprehensive and neutral investigation about the behavior of Kuchi 
with locals, and assure that violators will face legal prosecution 
and losses to both sides will be compensated. 
 
Fourth - In order to have a clear picture about the number of people 
killed in this dispute, and to know how they were killed, the 
government of Afghanistan should launch a comprehensive 
investigation and use forensic science to prove the claims and 
counterclaims of locals and Kuchi. 
 
Fifth - For several years, many Afghan citizens have lost their 
lives due to this dispute, but the government has not taken any 
action to prosecute those behind the killings. This has further 
strengthened the culture of impunity and undermined the rule of law. 
 Therefore, the government of Afghanistan should put an end to this 
impunity culture and bring to justice those who are behind the 
killing and other crimes. 
 
Sixth - The government of Afghanistan should probe charges leveled 
against the deployed units of the ANA in the area who reportedly 
failed to bring security to the area and protect the ceasefire, and 
inform the public about its finding. 
 
Long-Term suggestions 
 
First - The fundamental and permanent solution of this problem lies 
in implementation of Article 14 of the Constitution of Afghanistan, 
which obliges the government of Afghanistan to plan and execute 
effective programs for the development of agriculture and livestock, 
improvement of economic conditions and livelihood of farmers and 
cattle raisers and for the resettlement of Kuchies.  To eradicate 
this problem, to prevent the culture of warlords and ethnic tension, 
to avoid creation of a gap between government and people, to end the 
culture of impunity, to strengthen rule of law and finally to 
prevent gross human rights violations, it is once again recommended 
to the government of Afghanistan to implement article 14 of the 
Constitution.  By doing so, both Kuchi and locals will avail their 
due human and citizen rights. 
 
Second - All official and unofficial documents of Kuchi and locals 
which can prove private ownership should be referred to courts, so 
they could be examined,  and consequently the real owners of the 
land who have legal documents in hand can get his/her due 
humanitarian right of owning the land. 
 
Third - In order to permanently solve this problem and prevent 
violent clashes among Afghan tribes in the future, particularly 
between Kuchi and locals, the government should start new projects 
of distributing barren government lands and settling landless 
farmers and Kuchi there, so they can get out of the miserable life 
and, like the rest of the citizens, their children can have access 
to education. 
 
Fourth - To reduce 100% dependence of the people of rural areas on 
the present level of pastures and wooded areas, the government must 
create new job in other sectors, parallel to the agriculture sector 
in all parts of the country, particularly in the mountainous and 
isolated areas which are most affected by social and economic 
poverty.  The social and economic development projects for the 
future should be undertaken as part of its Millennium Development 
Goals and in accordance with the standards enshrined in Afghanistan 
Compact to eradicate poverty and joblessness. 
 
Fifth - Keeping in mind the effective role of the international 
community and the United Nation in securing peace, stability and 
development of Afghanistan, it is recommended that the international 
community strongly and effectively support the government of 
Afghanistan to fulfill its obligations towards the human rights of 
its citizens and in implementing the long and short terms suggestion 
offered in this report.  End translation of report. 
 
WOOD