At a HAMRAH co-hosted side event during the 61st session of the UN Human Rights Council, HAMRAH’s Director, Dr Timor Sharan, discussed how to operationalise the Independent Investigative Mechanism on Afghanistan (IIMA) alongside the UN Special Rapporteur on Afghanistan, Richard Bennett; OHCHR’s Beatriz Balbin Chamorro; and civil society representatives Fereshta Abbasi (Human Rights Watch), Artemis Akbary (ALO), Hussain Anosh (HRD+), and Dr. Huma Saeed (MADRE / CUNY School of Law).

Dr Sharan emphasised the need to ensure that the IIMA is effective, gender-competent, and victim- and survivor-centred; capable of addressing multiple and intersecting layers of vulnerability; and responsive to the priorities and lived realities of Afghan civil society. He set out the following key considerations for the IIMA in its engagement with civil society:

1. Engage the diversity of Afghan civil society – The Mechanism will undoubtedly rely on Afghan human rights organisation’s extensive experience of documenting ongoing and past abuses. Beyond these groups, however, there are many other civil society organisations (CSOs) providing protection and other services such as alternative education and legal aid (as evidenced by the work of HAMRAH members and others) which are  deeply embedded in the communities they serve and which also have profound understandings of the multi-faceted and intersectional nature of abuses – on the basis of gender of course, but also based on religion, ethnicity, political affiliation, age, ability/disability, sexual orientation and gender-identity, and the many other identities that create vulnerability and shape the experience of victims/survivors.

· The Mechanism should draw on the expertise of the broad civil society landscape to inform its priorities, design appropriate, safe strategies and procedures for reaching different communities, and to put in place effective protections for those engaging with it.

2. Aim for maximum openness and transparency. Notwithstanding the need for confidentiality to protect information sources, the security of victims/survivors etc., openness should be the IIMA’s default as far as is possible. Keeping civil society updated on progress, sharing criteria for its investigation priorities, explaining how choices are being made and why, will both help to build trust and to manage expectations. For its part, civil society has an important role to play in informing the wider Afghan population of the work of the Mechanism, its role, how to engage with it and so on.

· The Mechanism should work closely with civil society in developing communications strategies. Collaborative relationships with Afghanistan’s remaining independent media outlets and with CSOs with reach into diverse communities offers routes to disseminating information about its work, while simultaneously these actors can act as a conduit for informing the IIMA of priorities and concerns from the ground.

3. Avoid creating new divisions among civil society. As in any situation that has endured decades of armed conflict and where differences have been leveraged for political ends, there is mistrust and fragmentation among Afghan civil society. It is beholden on the Mechanism to understand civil society dynamics and to do nothing to exacerbate existing or create new faultlines. This will be achieved in part by how it   prioritizes its investigations, but also the extent to which its engagement with civil society both is and is seen to be inclusive.

· The Mechanism should undertake a comprehensive mapping of civil society during its start-up/early operations phase and take an inclusive approach to its engagement with civil society and with victims/survivors both in and outside Afghanistan.

4. Earmark funding for civil society engagement. Funding cuts have severely undermined the work of Afghan civil society, and many organisations are now struggling to survive. Notwithstanding the challenges in securing funding for the Mechanism itself, financial resources will need to be made available for civil society’s engagement with it including for:

·       Participation in consultations and in-person convenings;

·       The time and resources involved in gathering, analyzing and sharing information;

·       Equipment, tools, and training to ensure digital security;

·       Protective measures including emergency relocation should it be necessary.

UN Member States should urgently commit funds to the Voluntary Trust Fund for the IIMA to enable its rapid, full operationalization, and adequate funding (either within the IIMA budget or additionally) should be committed to supporting civil society engagement.

5. Leadership matters! Confidence in the IIMA’s leadership will also be key to determining levels of civil society support for it. As the recruitment of the Mechanism’s head proceeds, criteria for the appointee must include demonstrated expertise in conducting international criminal investigations, in particular in relation to gender-based crimes and their intersection with other forms discrimination or exclusion; a commitment to and expertise in gender-competent, survivor-centered approaches to investigations, and a proven track-record on meaningful engagement with civil society, including but not limited to women-led organisations.

· The UN should ensure that senior leadership and other IIMA staff are appointed on the basis of objective criteria that emphasizes relevant expertise, experience, impartiality and independence.

While recognising that the IIMA does not represent a panacea to all the problems facing Afghanistan today, it does offer some hope in an otherwise bleak situation. Civil society is committed to helping to make its work as effective as possible and calls on the Mechanism, the UN Member States and donors to support our engagement.