Friday, November 30, 2007

The Debate Continues

Canada's future role in Afghanistan has been the subject of debate for almost three years. Many urge Canada to stay the course until the mission is complete whereas others suggest that we are in the midst of a battle that cannot be won and should pull all troops out of the country as soon as possible. Opinions on the subject vary from these two diametrically opposed viewpoints and anywhere in between. Canada's current commitment ends in February 2009. The question as to what role Canada will take after that time is not yet decided.

Currently, the Canadian Forces in Afghanistan are located in the volatile southern part of the country. It is here where most of the fighting occurs and is considered much more dangerous than other parts of the country, specifically western or northern Afghanistan. Those nations who have taken on the majority of the combat role and subsequently have sustained the highest number of casualties include Canada, the British, the Americans and the Dutch, all of which have a significant military presence in southern Afghanistan.

Over the last few years, public support for the mission has generally been waning. Yet, there are no definitive answers as to what course of action is best for Canada. Accordingly, in October, the Prime Minister of Canada commissioned a panel to examine possible courses of action and advise the government on the future of the Afghan mission. The panel is comprised of five prominent Canadians - John Manley, Pamela Wallin, Derek Burney, Paul Tellier and Jake Epp.

This past week, the Commission visited Afghanistan to meet with a number of officials, Afghan leaders, tribal elders and military personnel from a several nations in order to get an appreciation of the mission from the ground. From there, they will return to Canada and prepare their report, due by the end of January 2008. This is Canada's most significant international commitment since the Korean War. It is a subject that almost every Canadian has an opinion on and accordingly discussion on the topic is to be encouraged.

The Commission has been asked to examine a number of possible courses of action including maintaining the status quo, focusing on training Afghan security forces, shift efforts to reconstruction efforts in a less volatile region or to withdraw all Canadian Forces except those required to provide security for diplomatic personnel and aid workers.

I encourage you to be aware of the issues and to seek out how you can be a part of the decision making process. If we are to consider a Canadian solution to this question, then Canada, as a nation, must decide what is best.

Saturday, November 24, 2007

All in a Day's Work

Most of what I do in Afghanistan I simply cannot talk about for reasons of operational security or due to solicitor/client privilege. However, this week I would like to talk about some of the work I do in very general terms in order to give an understanding of some of the challenges that I face on an almost daily basis.

Although I am tasked to mentor Afghan military legal advisors in a number of specific areas, the majority of the work that I do is in the area of military justice. This is for a variety of reasons. First, it is the area that requires the most constant attention. Unlike other areas that I am tasked to mentor in, the military criminal justice system regularly deals with real people. Any inattention to the individual cases of accused suspects almost invariably results in lengthy pre-trial detention and works against the concept of the fair administration of justice. Second, the Afghan military has very little knowledge in areas of law outside of their justice system and so their legal advisors naturally tend to gravitate toward this area. Although long term plans will focus on other areas such as administrative law or the law of armed conflict, these concepts are simply too foreign at this point to attempt to engage in any meaningful discussion in these areas.

As a mentor, it is not for me to insert my view and form a part of the decision making process. My role in the process is much more subtle. Frequently, I am asked for my view or to assist in the interpretation of the law to help them reach their own decision. Were I to simply dictate what course of action to pursue, then I would be frustrating the long-term solution of making the Afghans self-sufficient. It is a tricky balance to achieve. As a mentor, you want to guide the Afghans towards making the proper decision but you have to be conscious not to influence them too much in order that it is them making the decision and not you.

So far the work has been fascinating. I regularly work with prosecutors, defence counsel as well as military judges and other legal advisors in order to administer justice to individuals accused of committing an offence. Other times, I work with the commanders of a suspect in order to ensure that the commander properly administers a just punishment that is in line with the offence. Accomplishing this goal can be frustrating. Many times, accused soldiers are not provided with the required procedural safeguards and many others are placed in pre-trial confinement for lengthy periods of time with no promise of an immediate or speedy resolution to their case.

The nature of the cases are extremely varied as well. Thus far, I have mentored on cases from offences that are minor in nature to various forms of assault, weapons violations, drug offences and even manslaughter and murder. Each case comes with its own unique set of circumstances and presents a new challenge. On several occasions I have visited the military detention facility and have spoken with the accused suspects in order to ensure that they are being treated in a just and humane manner, that they are aware of their legal rights and to ensure that they have had adequate occasion to speak with the legal representative. It is both an eye-opening and rewarding experience. It is all a part of advancing justice one day at a time.

Friday, November 16, 2007

The Great Jihad

Over the past few years the western media has often referred to the term “jihad” to signify the duty of Muslims to wage a holy war against western infidels in the name of Islam. Accordingly, we have come to believe that Muslims view jihad as a legitimate call to arms to protect Islam and its central tenets from any unjust oppression. This of course, provides westerners with a very distorted view of Islam and its followers. To us, it seems absurd and even hypocritical for so-called religious warriors to wage war and kill with impunity any who do not share their fundamental religious beliefs. We are left to wonder how those who profess to act in the name of god can hold such little regard for the lives of others, including other Muslims.

My first inclination was that our idea of jihad as a holy war must be a distortion of that term by the western media for their own purposes to sensationalize the current conflicts in both Afghanistan and Iraq. However, Muslims do believe in a jihad as a legitimate call to arms in the name of god for the defence of Islam. Such a concept is recognized in the Koran and is held as a belief by Muslims throughout the world.

Unfortunately, what the western media fails to teach is that this is only one interpretation of that term and does not provide a complete picture of what is meant by jihad. According to Islam there are various types of jihads. The Great Jihad, as taught but Islam, is a struggle with oneself to lead a life that is pure in thought and action. It is an internal battle with oneself to be righteous and of good moral character. It is forgiveness for those that have wronged you and seeking forgiveness from those you have wronged. It recognizes that as humans, we are imperfect, but that we should strive to live a life that is virtuous and honorable.

But sadly, it is not just the western media that provides a distorted view of the concept of jihad. Religious fanatics who have taken up the cause to oppose western intervention in Afghanistan and Iraq have also purposely misconstrued this concept to incite hatred and mislead impressionable followers that the fight against the west is a just cause in the name of Islam. By doing so, they convince others that this war is being fought in defence of Islam and that those who answer the call to arms are fighting for an honorable cause and will be rewarded in the life that follows. It is propaganda that has a tremendous effect on those who are uneducated and impressionable. Especially in a culture that holds religion in such high regard.

Within the next few days I will be reaching the halfway mark of my tour in Afghanistan. To date, it has been one that is extremely interesting and has exposed me to new cultures, new beliefs and a completely different outlook on life. There is little doubt in my mind that the second half of this adventure will be as rewarding as the first.

Sunday, November 11, 2007

We Will Remember Them

Today is Remembrance Day. It is a day to honor those who have made the ultimate sacrifice and have given their lives in the service of their country. Held on November 11th, it commemorates the ending of the First World War which took place at the eleventh hour of the eleventh day of the eleventh month. Although Remembrance Day traditionally recognizes those who have fought in WWI, WWII and the Korean War, there are many others who have perished in other conflicts, including here in Afghanistan.

Today ceremonies are being held throughout the world to remember those who have fallen. Afghanistan is no exception. This morning at 11:00 am, many Canadians lined up next to the Canadian cenotaph at KAF to pay respect to those who have died in battle. From the outside the cenotaph is of a simple design and is easy to overlook for those who are unaware of its purpose. However, it is the inside of the memorial that causes one to pause and reflect on the nature of the structure. Here you will find numerous marble plaques lined on shelves, each one providing the details of a Canadian soldier who has lost their life in Afghanistan. Each of the faces of the soldiers are etched into the marble and look back at those come to pay their respects. It is the number of plaques lined on the shelves that causes one to pause and reflect.

For today’s ceremony, family members of five Canadian soldiers killed in Afghanistan were flown in from Canada to participate in the ceremony. They were seated next to the cenotaph throughout the ceremony as the warm mid-morning Afghan sun lit the memorial and the Canadian flag at half-mast in behind. In the course of the ceremony each family laid a wreath in remembrance for their fallen sons and husbands. Many fought to contain their emotions as they visited the land where their loved ones lost their lives. One can only imagine the thoughts that each had as they laid a wreath next to their son’s or husband’s plaque lined up on the shelf.

Since 2002 there have been 71 members of the Canadian Forces and one Canadian diplomat killed in Afghanistan:

Pte Nathan Smith
Sgt Marc D. Leger
Pte Richard Green
Cpl Ainsworth Dyer
Sgt Robert Alan Short
Cpl Robbie Christopher Beerenfenger
Cpl Jamie Brendan Murphy
Pte Braun Scott Woodfield
Diplomat Glyn Berry
MCpl Timothy Wilson
Cpl Paul Davis
Pte Robert Costall
Lt William Turner
Cpl Randy Payne
Bdr Myles Mansell
Cpl Matthew Dinning
Capt Nichola Goddard
Cpl Anthony Boneca
Cpl Jason Patrick Warren
Cpl Francisco Gomez
Cpl Christopher Jonathan Reid
Cpl Bryce Jeffrey Keller
Sgt Vaughn Ingram
Pte Kevin Dallaire
MCpl Raymond Arndt
MCpl Jeffrey Scott Walsh
Cpl Andrew James Eykelenboom
Cpl David Braun
Sgt Shane Stachnik
WO Richard Francis Nolan
WO Frank Robert Mellish
Pte William Jonathan James Cushley
Pte Mark Anthony Graham
Cpl Keith Morley
Cpl Shane Keating
Pte David Byers
Cpl Glen Arnold
Pte Josh Klukie
Cpl Robert Thomas James Mitchell
Sgt Craig Paul Gillam
Tpr Mark Andrew Wilson
Pte Blake Williamson
Sgt Darcy Tedford
Cpl Albert Storm
CWO Robert Girouard
Cpl Kevin Megeney
Cpl Aaron E. Williams
Cpl Christopher P. Stannix
Cpl Brent Poland
Sgt Donald Lucas
Pte Kevin Vincent Kennedy
Pte David Robert Greenslade
MCpl Allan Stewart
Tpr Patrick James Pentland
MCpl Anthony Klumpenhouwer
Cpl Matthew McCully
MCpl Darrell Priede
Tpr Darryl Caswell
Pte Joel Vincent Wiebe
Sgt Christos Karigiannis
Cpl Stephen Frederick Bouzane
Pte Lane Watkins
Capt Jefferson Francis
Capt Matthew Johnathan Dawe
MCpl Colin Bason
Cpl Cole Bartsch
Cpl Jordan Anderson
Pte Simon Longtin
MCpl Christian Duchesne
MWO Mario Mercier
Maj Raymond Ruckpaul
Cpl Nathan Hornburg