Lessons in Afghan law

BY BRENT FOX

Kings County Register

It’s not all about bullets.

Sometimes it’s about law books.

Canada’s participation in the Afghan mission is complex - development, diplomacy and defense. Even those defense components are complex, involving combat arms as well as support services - including legal mentoring.

Maj. Anthony Farris grew up in the Kentville area, attended Horton High school and graduating with a BSc from Acadia University prior to taking law at the University of New Brunswick.

Farris received training with the 2444 Kings County Army Cadets and was a member of the West Novas for several years.

The major has been a member of the Judge Advocate General (JAG) office for five years, deployed to the former Yugoslavia in 2004. This is his first tour of Afghanistan, with the Operational Mentor Liaison Team as legal mentor to the Afghan National Army.

In an email interview, Farris says he mentors mainly in the fields of military justice and the law of armed conflict and works with a number of military lawyers, judges, prosecutors, defense counsel and investigators. His task is to help Afghan army members understand and adapt to new concepts of justice.

Farris notes the Afghan army is in operations, and it’s important to introduce these legal concepts so it conducts its actions in accordance with international law.

A slow process

Farris acknowledges “mentoring is a slow process.”

Many concepts are foreign to the hosts and require a large measure of explanation and discussion. Experience and the language barrier can also be issues.

But, Farris points out, it has been very rewarding.

“I have witnessed progress.

“I have provided the military lawyers with a basic understanding of how their system works. I have worked with key players in the court martial process to have those soldiers accused of serious offenses to be tried in accordance with procedural safeguards recognized by international law. And, I have taught soldiers at the basic level some of the simple rules related to military operations.”

It’s these applications that make his job different from Canadian lawyers on the street, Farris acknowledges. As well, he is a mentor: he does not provide legal advice.

As for other comparisons to life in Canada, Farris says, “there is little comparison to be made.” Afghanistan has experienced nothing but war for the past 30 years.

“This has had a dramatic effect on the people who live here. They do not live with the same sense of security that Canadians are used to.

“Each day can be a struggle just to survive.”

Rural background

Poverty, corruption and a poor education are common; many Afghans don’t have the basics: clean water, adequate nutrition or medical care.

As far as his task in Afghanistan is concerned, having been raised in a rural community like Kings County has been a help.

“I would say it has taught me that each of us has a responsibility within our communities to make it a better place. Life is more than just pursuing our own self-interests. It is about helping our neighbours to improve the quality of life for everyone.

“I take these same values with me now, but look at it on a much larger scale.”

Farris points out the international forces are in Afghanistan as part of the terror emergency, but “we are also here to improve the lives of ordinary Afghans.

“We are here to help make Afghanistan a secure and stable environment in order that Afghans can enjoy many of the same freedoms we take for granted.”

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