HRC54: Sentiment of abandonment in Afghanistan
The 54th Session of the Human Rights Council
11th September -13th October 2023
Agenda Item 2: Annual report of the United Nations High Commissioner for Human Rights and report of the High Commissioner and the Secretary-General
Situation of human rights in Afghanistan
11th September 2023
By Samantha Rodríguez Santillán / GICJ
Executive Summary
Afghan women are feeling forsaken by the international community. On 11th September 2023, the Special Rapporteur on the Situation of Human Rights in Afghanistan, Richard Bennet, shared his annual updates about the concerns among the population. It has been two years of Taliban rule. Human rights violations such as segregation of women, poverty, impact on mental health, exploitation, and abuse are worse than ever.
The ban of women in public spaces is not reversing. Mr. Bennet spoke about an expressed sentiment of abandonment and frustration among women and children. This gender persecution and institutionalised discrimination have rendered equity a dream.
Moreover, the Special Rapporteur discussed the lack of a strong education curriculum and girls’ access to schools as another concern because parents do not see a proper future for their children. In addition, he pointed out that other fundamental rights such as culture and freedom of speech are not possible to exert because of prosecution, censorship, and threats.
Finally, the Special Rapporteur indicated that Afghan people are being targeted in other countries: they are not being accepted or given any kind of migratory status. Therefore, when they look for other opportunities, they find themselves, again, with discriminatory practices. He closed his participation, quoting a resilient phrase: “Afghanistan was singing. Afghanistan sings. Afghanistan will sing forever.”
Geneva International Centre for Justice (GICJ) recognises the immense work done by the Special Rapporteur. However, GICJ urges all Member States to continue showing their support to Afghanistan’s population. Furthermore, GICJ strongly condemns the misogynist practices taken by the Taliban. All women and girls must live with the security that no one will take away their human rights.
Background
This session was based on the Report submitted following the Human Rights Council resolution A/HRC/51/20. In this, the Special Rapporteur, Mr. Richard Bennet, focused on the period from March 2022 until August 2023. Specifically, the topics he developed were: (1) the situation for women and girls, including sexual and gender-based violence; (2) the protection of civilians; (3) violations of the right to life, liberty and physical integrity; (4) the prevention of torture and promotion of respect for procedural safeguards, civic space and fundamental freedoms:
In 2021, Afghanistan was taken over by the Taliban group. However, prior to this situation, the country faced significant human rights challenges such as gender discrimination, torture, repression, and other issues as consequences of the armed conflict.
During this period, the authorities have promulgated edicts and other pronouncements which actively discriminate against women and girls, and curtail the fundamental freedoms of the population. Human rights violations are prevalent, with a lack of accountability for perpetrators.
The recommendations made are calling for an urgent response and measures to uphold the international human rights obligations that continue to bind Afghanistan as a state.
Report of the Special Rapporteur on the Situation in Afghanistan
The report of the Special Rapporteur on (A/HRC/54/21) focused on:
- Humanitarian and economic action
Mr. Bennet highlighted that the humanitarian and economic crisis in Afghanistan is impacting the exercise of economic, social, and cultural rights. Under the Taliban takeover the economy went into freefall. For instance, around 28 million Afghan people are in need of humanitarian assistance, but the humanitarian response had only received 9% of the total required funding.
The restriction on women and girls’ rights to work, education, and freedom of movement has impacted Afghanistans poverty and humanitarian needs.. Furthermore , the ban on women’s work has reduced their participation in the humanitarian response and assistance.
- The administration of justice
The rule of administration of law has been severely attacked with reforms that ban the participation of female lawyers and judges in the legal system. Since 2021, the de facto authorities have suspended the Constitution and initiated their legal changes under the Sharia and Afghan traditions. The last update in 2023 concluded with no information from the national legislative commission. It is strongly believed that only the Sharia is the applicable legal framework in Afghanistan.
The formal judicial system is only staffed with male personnel. No judges appointed under the government of the Islamic Republic of Afghanistan were retained. Since 2022, the de facto Supreme Court has allowed de facto police to refer criminal cases directly to de facto courts for investigation, bypassing prosecutors. Thus, numerous complaints highlight that many newly appointed judges lack legal education and experience in administering justice, and in leading and resolving investigations.
The number of individuals in longed pre-trial detention has increased. The judicial system faces ongoing capacity challenges as the volume of pending cases continues to increase and arrested suspects are continuously admitted to prisons pending judicial investigation.
Male lawyers are almost uniformly denied access to detainees in custody. Female lawyers and judges have been altogether excluded from working or practising.
- Institution for the promotion and protection of human rights
Several national human rights institutions have been dismantled, such as the Afghanistan Independent Human Rights Commission, the Specialised Elimination of Violence Against Women prosecution units and courts, and the Ministry of Women’s Affairs. In 2023, the Attorney General’s office was abolished. All the cases and their investigations are under judicial authorities and are resolved through informal means (e.g., mediation for domestic violence cases).
On the other hand, the Parliament has a new law-making process for submission to an independent commission before seeking final approval of the Taliban leader. There is no apparent consultation process or input from external bodies.
- Policies affecting the exercise of human rights
Since the Taliban's takeover in Afghanistan, policies have severely impacted human rights. Firstly, pertaining to gender policies, de facto authorities have introduced discriminatory measures, including school closures, mandatory hijab enforcement, prohibitions on women's public activities, suspension of higher education, bans on female NGO and UN staff, and salon closures. These policies have led to further rights violations.
Secondly, the freedom of expression has been curtailed with restrictions on media, including content limitations, restrictions on women journalists, and media outlet closures. Access to information is limited. Moreover, de facto authorities have introduced regulations affecting daily life, such as guidance on barbers, mandatory mosque attendance, restrictions on music, and limitations on celebrating cultural and religious events. These measures have led to detentions.
- Violations of the right to life, liberty, and security of the person
After the Taliban takeover, and the withdrawal of international forces, hostilities in Afghanistan decreased, leading to less conflict-related civilian harm. Nevertheless, civilian casualties persisted, with improvised explosive devices (IEDs) and explosive remnants as the main causes. In June 2023, the United Nations Mission in Afghanistan (UNAMA) reported a slight rise in civilian casualties from explosive remnants, primarily affecting children handling unexploded ordnance.
Extrajudicial killings targeted former government officials, security force members, "National Resistance Front" members, and those associated with ISIL-KP. The most affected groups included former Afghan security personnel. Also, unnecessary or disproportionate use of force resulted in shootings at checkpoints and crowd dispersals, sometimes with civilian casualties. For instance, during an Ashura event in Ghazni city, security forces opened fire on unarmed mourners.
Moreover, arbitrary arrests were often aimed at suppressing dissent. Women activists and journalists were among those arbitrarily detained. For instance, prominent women's rights activist Zarifa Yaqobi and advocate Matiullah Wesa faced arbitrary arrests. Detainees experienced beatings, ill-treatment, and torture, often leading to forced confessions and denial of due process rights.
The de facto authorities increased the implementation of corporal punishment and executed individuals, often publicly, for serious crimes.
- Accountability
There is limited information on the de facto authorities' efforts to investigate such violations, creating an atmosphere of impunity. Sometimes, they have occasionally announced investigations into specific incidents but have not publicly shared investigation progress or findings. For example, an investigation into alleged killings in Panjshir, announced by the de facto Ministry of Defence, lacks public disclosure.
Despite decreased civilian harm, efforts to achieve accountability for past violations have largely stalled. The suspension of prosecutors' roles and the reorientation of the former Attorney General's Office have hindered accountability efforts.
Finally, in 2022, the International Criminal Court (ICC)'s Pre-Trial Chamber authorised the resumption of investigations into Afghanistan's situation. In 2023, the Appeals Chamber clarified the scope of the Prosecutor’s investigation as “in relation to alleged crimes committed on the territory of Afghanistan in the period since 1 May 2003”.
Recommendations
In sum, the High Commissioner recommended to de facto authorities to rescind discriminatory edicts and decrees which curtail women and girls’ human rights and fundamental freedoms; ensure that all legislation applicable in Afghanistan is in line with international human rights law; immediately halt arbitrary arrests and detention; permit resumption of a credible and independent national human rights institution; ensure access to justice; promote and protect fundamental freedoms; and conduct prompt, thorough, effective, independent, impartial and transparent investigations into alleged human rights violations.
Furthermore, , he called on the international community to maintain concerted dialogue and advocacy with the de facto authorities regarding Afghanistan’s human rights obligations; continue to facilitate financial measures and assistance of support; and support the continuation of the human rights mandate of UNAMA.
Interactive dialogue on the Special Rapporteur’s Report on the situation of Human Rights in Afghanistan
At the 54th Regular Session of the Human Rights Council, the Special Rapporteur on the situation of Human Rights in Afghanistan held an interactive dialogue regarding the desperation and crisis in Afghanistan.
He opened his participation, addressing that the Afghan people have faced increasing hardship. They are grappling with a humanitarian crisis and a de facto regime that violates human rights, especially those of women and girls. Moreover, he declared that Afghans, particularly women, feel abandoned and betrayed, lacking trust in the international community.
Mr. Bennet stated that the restrictions imposed by the Taliban have further eroded opportunities for women and girls. The dire socio-economic situation, compounded by these restrictions, has led to a rise in mental health issues, including alarming suicide rates, particularly among women. He affirmed that this is an example of gender persecution, with systemic and widespread discrimination against women.
He also referred to civil society status. Mr. Bennet informed them that they are facing restrictions, censorship, and arbitrary arrests.
In this vein, there is a direct impact on migrants. He said that Afghan migrants in host countries are vulnerable to abusive labour practices and have limited access to education and healthcare.
Finally, ethnic minorities and religious groups are facing discrimination and exclusion in the de facto authorities' decision-making processes, which could destabilise the country further. He urgently called for accountability, and further highlighted that documentation of human rights violations is crucial for future justice efforts.
The European Union delegate expressed her concern that the persecution on the grounds of gender, ethnicity, and religion may be a growing crime against humanity as defined in the Rome Statute to which Afghanistan is a party. Moreover, she urged the Taliban to see their ongoing human rights violations and abuse.
The Iceland delegate gave a group statement on behalf of the Nordic group. He pointed out that systematic discrimination against Afghan women may tend to prosecute a crime against humanity. He applauded Afghan women and girls who continue to show immense resilience and defiance; without them, outcomes will never achieve peace, prosperity, and stability.
The UN Women delegate remarked that the Taliban has imposed the most comprehensive, systematic, and unparalleled assault on the rights of women and girls throughout more than 50 years. She called on the international community to continue to apply pressure and employ every means at their disposal to press for change.
The Qatar delegate highlighted that Afghanistan faces a myriad of socioeconomic challenges, weak infrastructure, and limited resources and human resources. She called for the participation of de facto authorities in peace-building and peacekeeping. Also, She stated that the empowerment of women is important to achieve peace, stability, and economic growth.
The German delegate aligned with the EU statement. She declared that after two years, the Taliban has not lived up to their responsibilities towards the Afghan people. She addressed how the humanitarian situation deteriorated and that the Taliban systematically violated human rights, especially of women and girls, disregarding and violating international conventions Afghanistan has ratified. Furthermore, she condemned the continued gender-based discrimination by the Taliban regime, which clearly aims to eradicate women and girls from all spheres of public life.
The United Arab Emirates delegate expressed her concern over the lack of positive and tangible progress in this situation with the ban by the Taliban government on university education for girls and the exclusion of women from working and civil society organisations and national and international humanitarian organisations. She stressed the central importance of the UN resolutions and its firm commitment to supporting all international efforts aiming at achieving peace for the people of Afghanistan.
The Luxembourg delegate expressed his concern about the deteriorating human rights situation in Afghanistan. In Particular, he referred to structural discrimination against women and girls that could be compared to a war-based apartheid. Furthermore, he remarked that there are millions of people deprived of food, therefore, the international community must designate funds to them. He urged de facto authorities to respect their human rights obligations to Afghan civil society.
The Ecuador delegate condemned the systematic exclusion of women, young girls, and girls from public life and political participation. Moreover, he pointed out that there is an institutionalised process of discrimination when it comes to access to education, health, work, justice, and basic services. He condemned the Taliban policy of exclusion towards women, and further urged de facto authorities to comply with international human rights commitments and international humanitarian law. He supported the renewal mandate of the Special Rapporteur to continue with his work.
The Indonesian delegate stated that this concerning situation demands constructive, concerted, and immediate international attention. He called for a collaborative approach to develop capacity building and technical assistance programs. He also shared that Last year, Indonesia held a trilateral dilemma dialogue with Qatar and Afghanistan to provide insights into Afghan clerics, highlighting the significant role of Islamic education in supporting national resilience.
The Russian Federation delegate addresses this situation as a consequence of the Western states' intervention that caused the death of thousands of civilians. He said that those who committed those crimes remain unpunished. Therefore, he called on the United States of America and the United Kingdom to take responsibility for the crisis that has arisen. He stated that this historical context was not in the Special Rapporteur's report.
The Australian delegate condemned the Taliban's ongoing human rights abuses and egregious actions. She stated that Afghan women are being robbed of their livelihoods and girls of their futures. Moreover, she referred to the alarming reports of summary executions, forced disappearances, and widespread arbitrary detention. She concluded that a peaceful, stable, and prosperous Afghanistan can only be achieved with full and equal participation of all in society.
The Pakistan delegate shared the Special Rapporteur's concerns on the deteriorating humanitarian and human rights situation in Afghanistan. He declared that over two-thirds of the Afghan population is in need of urgent humanitarian assistance for basic survival. He spoke out about the decision to suspend education for women and girls and to prevent them from working for national and national NGOs is regrettable.
The Islamic Republic of Iran delegate said that peace and prosperity in Afghanistan require an inclusive government on behalf of all segments of society. He warned about empowering terrorist groups that also affect this situation. He urged the Special Rapporteur to prioritise both girls' right to education and the fight against extreme poverty and hunger in Afghanistan.
NGOs position:
NGOs were concerned about the systemic discrimination facing women and girls, which likely amounts to the crime against humanity of gender persecution. They agreed about the need to dramatically strengthen accountability efforts internationally for gross and systematic human rights violations and abuses, including crimes under international law.
They called on the Council to extend the mandate of the Special Rapporteur providing adequate resources and to ensure meaningful follow-up regarding the report of the Special Rapporteur and the Working Group on Discrimination against Women and Girls.
Concluding Remarks
The Special Rapporteur reiterated his appreciation for all the interventions and support. He answered the questions related to the situation of women, the impunity, and explained that under the Taliban's rule, there is little acceptance of differences, including minority religions, and the lack of tolerance for dissent. This has resulted in significant challenges for minority groups and dissenters.
Furthermore, Mr. Bennet remembered, once again, that human rights violations in Afghanistan did not start in August 2021 but have been ongoing for over 40 years due to conflicts involving various parties, including the Taliban and Islamic State.
He finished remarking that the situation of women and girls in Afghanistan is deemed unacceptable. He called for strong measures, including addressing gender apartheid and gender persecution, and he addressed the possibility of holding Afghanistan accountable in the International Court of Justice.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) expresses its support for the Afghan people who today suffer serious violations of their human rights. We share the position of States and NGOs, since the situation in Afghanistan needs urgent attention and efficient measures.
Moreover GICJ remembers that the situation of Afghan women is not just a matter for Afghanistan but a global concern. It reflects our collective commitment to human rights, gender equality, and the belief that every woman deserves a life of dignity, opportunity, and freedom. We recognise the resilience, strength, and determination of Afghan women. They have demonstrated time and time again their capacity to overcome adversity and lead change in their communities.
GICJ called on all States for a stronger compromise. The situation in Afghanistan won’t change if there is no real support and compromise to this. Moreover, if there have been crimes against humanity towards the civil population, it is important to ensure stronger measures to investigate and punish them. This is a shared responsibility to support efforts that provide essential humanitarian assistance, protect human rights, and facilitate a peaceful and stable future for Afghanistan. Thus, we support the international prosecution that will investigate de facto authorities' actions.
Finally, We believe that through collective action, compassion, and dedication to human dignity, we can make a meaningful impact in Afghanistan.
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