Afghan MPs criticise resolution for war crimes amnesty

Kabul, February 5; A group of Afghan MPs has strongly criticized the resolution adopted by the Lower House of the Afghan Parliament, saying the blanket amnesty for war crimes was ''unconstitutional.'' The lower house of the Parliament had passed a resolution on Wednesday, calling for an amnesty for all those who had participated in the conflict in the last three decades and saying none of them should face a trial.

The group, of MPs who call themselves the Third Line, held a press conference here today to emphasise the point that the resolution was violating several Articles of the Constitution and Islamic law.

In the absence of political parties in the Parliament, (the electoral law did not allow parties to contest in the 2005 elections), the Third Line intends to function as a political formation and has decided on a common manifesto.

Four days after the passage of the resolution, observers were still trying to understand if the motion was a mere resolution or bill.

Constitutional experts said that since there was no difference in the procedures for passing a resolution and passing a Law, the resolution, in fact, constitute a Bill (draft legislation) that is put before the Upper House of the Parliament, and, if adopted by them, the Bill will finally need the consent of the President to become a Law.

MPs, opposing the resolution, however expect the Upper House to pass the Bill without much protest, but warned that the President could violate the Constitution if he gives his consent to the Bill.

Addressing the press conference today, lady M P Shukriya Barakzai said neither the Parliament nor the President could be placed above the Constitution. The Bill, violated Article 22 and Article 7 of the Constitution, she averred.

Both the Articles determine Afghanistan's adherence to International Laws and the equality of all citizens. Ms Barakzai also referred to Article 3 of the Constitution which prohibits practises against the values of Islam.

MPs, at the press conference, said under Islam, no one had the right to give themselves amnesty.

UNI