As peace talks with the Taliban stalled, progresses in the talks with the Hizb-e Islami of Gulbuddin Hekmatyar seem to come as a minimal success for the government’s efforts to persuade the militants to denounce violence and join the political process. After a senior member of Hizb-e Islami announced recently that the group has taken off its demand for withdrawal of foreign forces as a key precondition for negotiations with the Afghan government, the prospect for reaching a deal with the militant group has become clearer. The Afghan government hopes striking a deal with the Hizb-e Islami group would energize the peace initiative and encourage other militants to join peace negotiations with the government.
However, many see Hekmatyar’s party as a being an underdog militant group that has been weakened considerably in recent years and has no particular weight in the bloody insurgency. Many are concerned over the possible cost of a peace deal with the Hizb-e Islami and the possible concessions that the government may consider for the militant group to lay down arms and join the mainstream political process. The government’s desperation and its helplessness in the efforts to reenergize the peace process further add to the concerns.
However, the opportunity for the Afghan government is that Hizb-e Islami is coming to the table of negotiations from a position of weakness. This gives the government an upper hand in the negotiations and to impose terms and conditions for a deal that would see inclusion of Hizb-e Islami in the country’s political process. After the relatively surprise withdrawal from one of its main preconditions for talks, it is that now a key demand of the Hizb-e Islami is to obtain judicial immunity for its leaders over the atrocities the group has committed in last fourteen years of conflict in the country. Hizb-e Islami has even abandoned demands for receiving ministerial posts and other political concessions, suggesting how the changed conditions on the grounds of war and peace efforts is forcing Hizb-e Islami to seek a speedy negotiations with the government.
The lowering of expectations suggest how the group is desperately attempting to end its isolation and avoid being a loser again as the Afghan government and its international supporters are rushing for striking a peace deal with the Taliban. The Hizb-e Islami members know well that the group would have no noticeable place in the talks with the government once peace negotiations between the Taliban and the government start. Fear of being left out of the talks or being denied of having a desired share in the further peace talks is propelling Hizb-e Islami into seeking separate peace negotiations. On the other hand, Hizb-e Islami’s militant activities have dwindled in recent years as emergence of other groups such as the Islamic State and further resurgence of the Taliban have left little space for militant activities of the Hizb-e Islami.
What is more important in the calculations of Hizb-e Islami group is that its inclusion in the political process will help it revive its lost influence in the Afghan politics and bureaucracy. Hizb-e-Islami is believed to be very influential in the government and the provincial administrations as its loyalists, former members and members of splinter groups occupy key positions both in the central government and local administrations in some southern and eastern provinces. Hizb-e Islami leaders seem to have come to the realization that it will be able to gain more influence and power through operating as a legal political party rather than fighting as an isolated militant group. Joining the political process would help the militant group to reorganize its scattered forces, who have joined a number of low-profile splinter groups, and even seek reunification of the party.
Still the group’s demand to be granted immunity from legal prosecution in the future is too much. The militant party has committed horrifying atrocities in the last fourteen years of anti-government insurgency. All groups that have committed crimes should face justice when the time comes. This should include Hizb-e-Islami and all other groups who had and is having a role in the past crimes and atrocities in the country. The government cannot ignore the fact that justice is crucial for political stability and peace in the country. The government neither can ignore the right for justice of thousands of Afghans who have suffered from the past wars and the atrocities committed by responsible groups including Hizb-e Islami. The existing law providing immunity to mujahedin is a major blow to Afghanistan’s attempts for restoring justice.
It may be viable to consider some proportionate political concessions for the groups such as Hizb-e Islami for sake of reaching peace in the country. However, the government should not grant judicial immunity to Hizb-e Islami or any other group and do not allow any groups failing justice like the mujahedin-dominated parliament did by passing the law providing immunity to the mujahedin. The best option to open a way ahead would be to ensure the authorities of the Hizb-e-Islami that it would be dealt the same as other groups and individuals who have been involved in the past events in the country. This would mean for the group that it would not face prosecution until a national transitional justice is implemented for all parties involved with the past crimes.
Politically, a possible of the talks with Hizb-e Islami party would be a breakthrough for the peace efforts and would be considered as an example of making peace with anti-government militant groups. It would provide a ground for reconciliation with all militant groups by setting a model and clarifying the conditions and grounds for making peace and ending armed conflict.