“We are all human and we should care about the suffering of another human,” says Sarah Holewinski, CIVIC’s executive director. “But this is also important from a strategic perspective. You will anger the population—you will create such incredible resentment—if you ignore civilian harm. It is mission-critical.”
Canadian troops first arrived in Kandahar in early 2002. By March 2004, according to documents released under Access to Information, the military was paying some form of compensation to certain civilians, although the amount and the reasons are blacked out. The following October, the U.S. altered its policy to allow similar “solatia” payments, and two months later Gen. Rick Hillier, then the chief of the defence staff, signed that agreement with Hamid Karzai’s government, replacing liability with ex-gratia awards.
In a war that has cost billions (not to mention the lives of 154 Canadian soldiers), many Westerners may have a hard time understanding how the death of an innocent person warrants only a few thousand dollars.
But in Afghanistan, where blood money is common, a few thousand dollars—combined with a genuine apology—is often enough. “The compensation is not supposed to make up for a person’s life,” Holewinski says. “What it’s supposed to communicate to the family is: ‘We’re sorry for your loss, we didn’t intend for you to suffer, and this is a way of us tangibly showing you that.’ It is very appropriate in the Afghan culture.”
NATO has taken steps to limit collateral damage, including restrictions on nighttime raids. In the first 10 months of 2010, civilians injured or killed by international or Afghan troops actually dropped 18 per cent, to 742. (The same United Nations report found that civilian casualties caused by insurgents were up 25 per cent, to 4,738.)
At least a dozen Afghans have been killed by Canadian soldiers since the mission began. Most shootings occurred because a driver ignored repeated warnings to stop at a checkpoint and was mistaken for a suicide bomber. In one tragic incident, a four-year-old girl and her two-year-old brother were gunned down when the car they were riding in failed to pull over for a passing convoy. In each case, the military’s National Investigation Service cleared individual troops of any wrongdoing, and most of the victims’ families were reportedly paid compensation. But not all.
In February 2007, a man driving a white Toyota was shot and killed by troops who had formed a security cordon around a broken-down armoured vehicle. According to witnesses, the driver hit the accelerator despite hand signals and warning shots urging him to stop. Fearing the worst, the soldiers aimed directly at him. “The use of force was found to be in accordance with rules of engagement,” wrote a military lawyer. “While a family member claimant has made a request for compensation, his claim has been denied.”
When it comes to property damage, deciding who deserves restitution is just as difficult. In Kandahar, where corruption is rampant, Canadian JAGs are regularly faced with bogus stories. In January 2007, for example, a man showed up at a base demanding cash for his damaged car. When pressed, he “admitted that he was not driving with his lights on and did not see” the LAV III he T-boned. Wrote one officer: “We are not paying his claim.”
In one dubious claim, a man insisted that his business was lost when the army set up a checkpoint at an undisclosed building. The military investigated, but found his story had “no merit” because the building was a garbage dump, not a storefront. “People were using it to defecate in,” wrote one soldier.
Many other claims, though, were deemed legit. One man was compensated after his “car dealership computerized sign” was ruined. Another received an ex-gratia award because troops used a bulldozer to remove his parked car, which “was incorrectly assessed to be a security risk.” And in December 2006, a Canadian vehicle driving in early morning darkness veered off a road and smashed into a compound. The owner told military police that “he would have to rebuild the wall in order for the women in the compound to remain hidden.” His claim was approved.
As always, the amount is censored.
For reasons that remain unclear, the documents do reveal the dollar figure paid for one particular type of loss: the death of Afghan interpreters working alongside Canadian troops. However, like everything about the ex-gratia regime, it is difficult to comprehend the military’s calculations.
In October 2007, the relatives of one interpreter killed in action were given $6,790. Three months later, the family of another fallen “terp” was awarded $9,900—$3,100 more.
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