Address of
Hon’ble Justice Prof. Abdul Salam Azimi
Chief Justice, Supreme Court of Islamic Republic of Afghanistan
Represented by his representative
Hon'ble Mr Justice Bahauddin Baha
Acting Chief Justice and Head of Criminal Division of Supreme Court of Afghanistan

 
Hon’ble Mr Justice Bahauddin Baha addressing the 8th International Conference of Chief Justices of the World

Honorable Chief Justice and Justices of the Supreme Courts,

Representing the Supreme Court of Afghanistan I am honored to take part at the 8th International Conference of Chief Justices of the World (The World Judiciary Summit of 2007) for safeguarding the world's two billion children and generations yet- to-be-born.

I express my gratitude for the invitation extended to me on behalf of the students of city of Montessori School (CMS) representing two billion children and the generation yet-to-be-born.

Ladies and Gentlemen:

The Supreme Court in Afghanistan is an independent organ of the state separate from, and co-equal with the executive and legislative organ of the state. The Constitutional mandate is to protect the fundamental rights of all Afghan citizens including the children and lay down firm legal foundation for the protection of the rights of the existing and future generation yet-to-be-born. In the discharge of this mandate, the Supreme Court is directly responsible for the administration of a court system consisting of 34 provincial courts and 408 primary courts throughout Afghanistan, and employing 6,126 persons, including 1,700 judges.

Recalling Afghanistan's ratification of the Convention of the Rights of the Child (CRC) in 1994.the legislation on Juvenile Justice drafted in conformity with international standards and now is in force.

The Supreme Court created special courts in Kabul and in six other provinces, staffed by professional judges, to consider and try cases involving children. We hope to establish such courts in the rest of the provinces too.

Ladies and Gentlemen:

I endorse the statement made by a well known personality - Jan Tinbergen- saying that "Mankind problems can no longer be solved by national governments what is needed is a World Government. This best can be achieved by strengthening the United Nations system". In realizing the validity of this statement the Islamic Republic of Afghanistan, in order to secure peace and security for the existing and future generations, has accepted the international forces to fight and defeat the international terrorism. The existing governmental set up is the product of an international conference. The Bonn Conference, organized by the United Nations, laid down the pillars of the existing government and the institutions, needed for a functioning government based on the principles of democracy and rule of law.

Afghanistan as an active member of the United Nations has signed and ratified most of the international treaties and conventions.

Afghanistan has ratified the Rome Statute which Sep up the International Criminal Court. This move meanwhile gives assurance to the Afghan Children and the generations yet-to-be-born that no despotic ruler or individual can play about and endanger their well being and security in the future.

Today the children of the World, especially the children in our region, are being confronted with the threat of terrorism. Every day we hear news about loss of lives, inclucing children, in our country and elsewhere as a result of terrorist actions. The world mist join together to beat and remove this threat. Otherwise the existing and the generation yet-to -be-born would definitely be confronted with disaster and calamity.

Ladies and Gentlemen:

Afghanistan as a post conflict society not only confronted with the above-mentioned threat, but corruption and narcotic poses also a major threat to the fabric of our society and the future prosperity of our children.

Illicit cross-border trafficking, dominant informal and weak economy, a weakened public administration and wasted, misspent, or miss-targeted international aid are challenges to be confronted.

The government of Afghanistan remains committed to fight corruption and address its root causes. The government has consistently and publicly recognized corruption as a major problem and has taken steps to fight it as prevents development in every aspect of life and prosperity of the existing and the generation yet- to-be -born.

Afghanistan has signed and ratified the United Nations Convention against Corruption (UNCAC). This convention has recently been endorsed by the Parliament in Afghanistan the UNCAC as being the creation of a world -wide integrated and compatibles system of anti-corruption measures Its ratification means for each state party to assume the obligation of fully implementing the Convention as Its provisions are mandatory.

Afghanistan has taken active part in international conferences and seminars on anti-corruption measures, including the recent regional seminar in Bali-Indonesia - on Asset Recovery and Mutual Legal Assistance, Extradition and Recovery of Proceeds of Corrupt ion.

Ladies and Gentlemen:

Opium cultivation is a major challenge facing the three organs of state. It threats in particular the young people and the generation yet-to-be-born all over t he world. The International dimension of this challenge is a cause for concern for the international community as a whole. Despite efforts to decrease the production, the result is disappointing. As far as the discovery, investigation and prosecution of traders, traffickers and growers are concerned serious measures with the assistance of international community have been taken in Afghanistan. As far as the role of the Supreme Court is concerned, we have set up special court with professional judges to deal with this ill phenomenon. With the help of international community high security prison detention centre is being built and the construction work of high security prison has been completed.

Ladies and Gentlemen:

Afghanistan is seriously concerned about the global environmental degradation which seriously endangers everyone everywhere especially the generation yet-to-be-born. If we do not take action now we cannot secure a safe future for the children. It is scarcely necessary to elaborate on this, as damage to the environment can impair and undermine all the human rights spoken of in the Universal Declaration and other human rights instruments.

Human rights cannot be secured in a degraded or polluted environment. The fundamental right to life threatened by soil degradation and deforestation and by exposure to toxic chemicals, hazardous wastes and contaminated drinking water. It is time to recognize that those who pollutes or destroy the natural environment are not just committing a crime against nature, but are violating human rights including the rights of children.

We need to develop further the international Environmental Law, endorse and sincerely comply with the existing Environmental International Conventions and their principles.
The Constitution of Afghanistan makes it the duty of the State to safeguard environment and I t says: "The Sate is obliged to adopt necessary measures for safeguarding forests and the environment."

The government signed and ratified the Vienna Environmental Protection Convention and set up the National Environmental Protection Agency. The Environmental Protection Law has been endorsed by the parliament and now is in force.

Ladies and Gentlemen:

In observing the principles of the Constitution of the Islamic Republic of Afghanistan highlighting and guaranteeing the basic rights of the children, such as the right to life, to work and education, the Supreme Court of Afghanistan is vigilant and is in favor of providing more protection in the area of the implementation of children's rights in a more detailed way in line with the Convention on the Rights of Child (CRC).

Ladies and Gentlemen:

The Islamic State of Afghanistan and its judiciary have always expressed its support for international law and have never violated any of its principles. We support moves to further strengthening international institutions and international Court of Justice. As a participant of the World Judiciary Summit, I express my unreserved support and vote favorable for the petition presented to the World Judiciary by CMS students to safeguard the future of the World's two billion children and the generation yet- to -be -born.