Tim Kennedy 

 Special to Arab News

Arab News

WASHINGTON, 30 June 2003 — As international donors gather in New York this week to plan Iraq’s reconstruction, a global human rights organization warns that the key to success in the war-torn country lies in learning from mistakes previously committed in Afghanistan.

In a memorandum to donor governments attending the meeting, Human Rights Watch (HRW) highlights priorities for assistance, including the development of human rights institutions; security sector and judicial reform; the reintegration of refugees and internally displaced persons; protections for women and children; and the clearance of land mines and unexploded ordnance. Mistakes in Afghanistan are lessons in how to rebuild Iraq, according to the memorandum. “Lesson No. 1 from Afghanistan is that, without security, there will be no reconstruction,” says Rory Mungoven, global advocacy director for HRW. “Lesson No. 2 is that without protecting human rights, there will be no genuine security either.”

The New York-based human rights advocacy organization urges donors to support longer-term police reforms, including the vetting and re-training of all local officials, police and the security personnel. The group says help will also be needed to restore the basic infrastructure for law enforcement and justice. In visits to eight open Baghdad police stations, HRW found that all had been completely stripped of all essential equipment, including archives, and even light fixtures and wiring.

The human rights organization calls on donors to help with the development of a proper legal and administrative framework for the reintegration of displaced Iraqis and returning refugees, including the establishment of a tribunal to resolve property disputes that could be the source of violence and reprisals.

The group urges donor organizations to adequately fund legal reforms in Iraq, citing the example of woefully under-funded effort in Afghanistan (the World Bank asked for $20 billion, but only $5.25 billion was pledged). Additionally, HRW officials suggest that donors recognize that reconstruction cannot proceed unless effective security is established on the ground.

The memorandum also proposes that Iraq’s oil revenues be managed transparently and directed toward meeting the country’s humanitarian and reconstruction needs. HRW says the Iraqi judiciary was deeply compromised during the more than 30 years of Baath Party rule, saying Iraq’s Revolutionary Courts, State Security Courts, and Special Provisional Courts were instruments of repression rather than impartial judicial institutions. Major resources are needed to reestablish an independent judiciary and to retrain jurists, prosecutors, defense attorneys, policy officers, and court personnel. Additionally, says HRW, funds will be needed to rebuild the basic infrastructure of the court system, which has been significantly looted.

“Iraqi law must also be reformed to comply with international human rights and fair trial standards,” adds the memorandum. Over several decades, the Iraqi authorities have been responsible for genocide, war crimes and crimes against humanity. Ensuring accountability for these abuses will be critical in building respect for the rule of law and securing peace and stability in the country. HRW also calls for special priority to be given to the needs of women and children.