Final evaluation Netherlands participation in ISAF 2006 - 2010

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have largely continued the policy with regard to representation and tribalbalance.4.4.5 Rule of LawImproving the legal sector in Uruzgan was not a top priority for theNetherlands, since other issues had greater urgency. However, the problemwas soon recognised and, in 2007, a temporary rule-of-law specialist wascalled in, who mapped out the – rudimentary – legal sector in Uruzgan. Asfrom the end of 2008, the Netherlands devoted more attention to the legalsector. This related mainly to the ‘enabling environment’ for the PublicProsecutor’s Office, judges and the prison service.One part of the improvement to the judicial system in Uruzgan wasfacilitating the legal infrastructure. This was largely lacking in Uruzgan andwas one of the causes of the capacity problem. Due in part to the absenceof a well-organised formal judicial system, the population often turned toinformal forms of justice, including that administered by Taliban leaders.The Netherlands supported several small-scale projects aimed atrefurbishing the necessary buildings. This made it possible to contributerelatively simply and quickly to promoting the rule of law in Uruzgan,although on a modest scale. Examples of this were the restoration of thecourthouse in Tarin Kowt and the district court in Chora, so that they couldbe put back into use. In addition, a number of houses intended for judgeshave been renovated in order to make it more attractive for judges to cometo Uruzgan. By investing in the infrastructure, the Netherlands has made acontribution to improving the image of this sector and making it moreattractive for judicial personnel to move temporarily to Uruzgan.The Netherlands has also made contributions in the field of custodialfacilities. Thanks in part to Dutch support, the Central Prisons Departmenthas assigned additional personnel to Uruzgan and the prison staff havereceived training from the Ministry of Justice in Tarin Kowt in prisonmanagement and the correct treatment of detainees. In order to improvethe treatment of detainees by the Afghan authorities, the Article 100 letterof 2005 included the following sentence:“This may include the construction of a detention facility that meetsinternational standards, as well as the training of guards, explanation andassistance regarding national and international monitoring, etc.”Right from the start of the mission, political advisers were working on aplan, and its implementation, for the construction of a prison in Tarin Kowt.The construction of this prison turned out to be an extremely laboriousprocess and an example of how difficult it is to carry out infrastructuralprojects in provinces such as Uruzgan. Finally, in the spring of 2011, thedetention facility was officially opened and put into use.In order to identify the problems arising in the field of the rule of law, theNetherlands in 2010 commissioned the German Max Planck Institute toconduct a study into the subject. When the study was completed in 2010, ithad meanwhile been decided that the Netherlands would leave Uruzgan. Inorder to ensure that the recommendations of the Max Planck Institutewould be adopted, the study was widely disseminated among donors andthe successors to the Netherlands in Uruzgan.Sub-conclusion on rule of lawThe time that the Netherlands was able to devote to the judicial sector inUruzgan was too short to achieve any substantial improvement in thissector. Efforts were therefore focused on the infrastructure and much lesson capacity development. Despite a modest increase in attention andPage 58 of 133
interest for filling judicial positions in Uruzgan, the province is still facedwith considerable capacity shortfalls.4.4.6 DetentionFrom the start of the mission, the Dutch treatment of detainees was animportant point of attention. ISAF units were authorised, under certainconditions, to capture and detain people. This also applied to Dutch militarypersonnel. Detainees had to be handed over to the Afghan authoritieswithin 96 hours. Up to the hand-over to the Afghan authorities, the ISAFpartners were responsible for the correct treatment of the detainees. TheISAF nations were not responsible for detainees arrested by the Afghanarmy or police.Prior to the Uruzgan mission, the Dutch government made agreements,confirmed in writing, with the Afghan government regarding the transferand treatment of persons whom Dutch military personnel in Afghanistanhad captured and handed over to the Afghans.The Article 100 letter of 2005 contains the following statement:“.. it has been agreed with the Afghan government that the death penaltymay not be carried out in respect of detainees transferred by theNetherlands. The Afghan authorities shall treat the detainees in question inaccordance with the applicable international standards. The detainees maybe visited by representatives of the Afghan Independent Human RightsCommission (AIHRC), the International Red Cross, UN Human Rightsreporters and the Dutch Embassy. The Afghan authorities shall notify theDutch Embassy of important steps in the legal procedure, such as the startof a trial or their release.These agreements were in line with the Geneva Conventions, which werealso referred to in the Van Baalen motion of November 2005, whichexpressed concern for the treatment of detainees. In addition, it wasagreed that the ICRC and the AIHRC would be informed within 24 hours ofa detainee being housed in the Temporary Holding Facility in Kamp Holland.These organisations would also be informed of any release or transfer tothe National Directorate of Security (NDS). Within one week of a detainee’stransfer to the Afghan authorities, the detainee was usually visited by anemployee of the Dutch embassy in Kabul or the political adviser in TarinKowt. Subsequently, an embassy employee would visit the detainee everythree months. Detainees transferred by Australia were also monitored bythe Netherlands in accordance with the same principles.In the course of the mission, over 500 persons were captured and detainedunder this arrangement. The majority were released shortly after capture.Some of them were handed over to the NDS on the basis of theMemorandum of Understanding (MoU) with Afghanistan. With regard to thisgroup, there were sound reasons for further investigation into possiblecriminal offences.Sub-conclusion on detentionThe agreements in the MoU were, in general, well observed. Where this wasnot the case, the Afghan authorities were called to account. Detaineeshanded over by the Netherlands were not tortured or treated inhumanely.In the event of complaints by detainees, the Netherlands ensured thatthese were dealt with by the Afghan authorities. No complaints were upheldduring the course of the mission. Access was readily granted for themonitoring organisations and the embassy staff to visit the detainees. TheICRC and the AIHRC were, in general, very satisfied with the way in whichPage 59 of 133
Page 1 and 2:
Final evaluationNetherlands contrib
Page 3 and 4:
High mountainsLow mountainsPlains a
Page 5 and 6:
Table of ContentsDutch military per
Page 7 and 8: Dutch military personnel deceased i
Page 9 and 10: Page 9 of 133
Page 11 and 12: 1 IntroductionThe government would,
Page 13 and 14: The structure of the final evaluati
Page 15 and 16: 2 The international presence in Afg
Page 17 and 18: insurgents in, particularly, the ea
Page 19 and 20: 3 Netherlands policy for participat
Page 21 and 22: Netherlands’ presence. Furthermor
Page 23 and 24: “The objectives of this stabilisa
Page 25 and 26: In December 2005, the Netherlands g
Page 27 and 28: The expectation is that meaningful
Page 29 and 30: 3.6.2 Implementation of national pr
Page 31 and 32: 4 Implementation of the mission and
Page 33 and 34: tasks to fulfil in the area of secu
Page 35 and 36: such as the Bushmaster, that was be
Page 37 and 38: Afghan partner unit, at all times o
Page 39 and 40: northern part of Deh Rawod in 2007.
Page 41 and 42: in large and small bases, while con
Page 43 and 44: previously thought and comprised a
Page 45 and 46: Apart from facilitating training an
Page 47 and 48: If operations in close proximity of
Page 49 and 50: As previously mentioned, the preven
Page 51 and 52: - Between 2006 and 2010, the number
Page 53 and 54: government of Chora in January 2010
Page 55 and 56: At the beginning of the Dutch missi
Page 57: intermediary of TLO and political a
Page 61 and 62: During the Uruzgan mission, a great
Page 63 and 64: structurally change governance in U
Page 65 and 66: development programmes. Before the
Page 67 and 68: also the way in which Afghans perce
Page 69 and 70: tailored to the real needs of the p
Page 71 and 72: Gizab had increased and there was a
Page 73 and 74: The DCU programme devoted and still
Page 75 and 76: purpose of these loans, cooperative
Page 77 and 78: In view of the lack of enthusiasm a
Page 79 and 80: 5 Expenditure for the mission and i
Page 81 and 82: Overview of long-term expenditure a
Page 83 and 84: expenditure related to the deployme
Page 85 and 86: Multi-year expenditure, Foreign Aff
Page 87 and 88: explosive ordnance disposal, armour
Page 89 and 90: this situation as constraining, for
Page 91 and 92: organised at a later stage. In addi
Page 93 and 94: occupational social workers and the
Page 95 and 96: Mercedes Benz terrain vehicle, the
Page 97 and 98: 6 ConclusionsThis chapter begins wi
Page 99 and 100: The first part of the central quest
Page 101 and 102: At the end of 2005, the Afghan auth
Page 103 and 104: province. This, too, was done by me
Page 105 and 106: area, increased sales of agricultur
Page 107 and 108: ISAF and the OEF led to extra coord
Page 109 and 110:
d. The recommendations from advisor
Page 111 and 112:
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Page 113 and 114:
Annex A, Afghanistan Compact Benchm
Page 115 and 116:
end-2010, reforms will strengthen t
Page 117 and 118:
Afghan Cultural HeritageA comprehen
Page 119 and 120:
Private Sector Development and Trad
Page 121 and 122:
Annex B, Results of the socio-econo
Page 123 and 124:
EducationTLO data:• In 2006 there
Page 125 and 126:
Overview of the number of children
Page 127 and 128:
Annex C, Chronology200522 December:
Page 129 and 130:
July: microcredit provider World Co
Page 131 and 132:
Annex D, List of abbreviations3DADZ
Page 133:
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Final evaluation Netherlands participation in ISAF 2006 - 2010

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