HRC54: Taliban’s Subjugation of Women May Constitute As Gender Apartheid
The 54rd Session of the Human Rights Council
11th September - 13th November 2023
Item 2 - Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General
Interactive dialogue on the report of human rights situation in Afghanistan
12th September 2023
By Manlaibayar Baatarzorig / GICJ
Executive Summary
On the 12th of September 2023, during the 54th Regular Session of the Human Rights Council, the report on the situation of human rights in Afghanistan was discussed. The report, prepared pursuant to Human Rights Council resolution 51/20, was presented by the United Nations High Commissioner for Human Rights, Mr. Volker Türk, during an interactive dialogue. It shed light on the dire state of human rights in Afghanistan, which has been exacerbated by the two-year rule of the Taliban. This rule has systematically infringed upon the rights and freedoms of the population, with a particular impact on women and girls.
This comprehensive report highlighted the significant deterioration in Afghanistan's human rights situation, characterised by the collapse of institutional protections and the transformation of legal and institutional frameworks since August 2021. Afghanistan has now become the only nation in the world where women and girls are denied access to secondary and higher education. The imposition of various misogynistic restrictions, including the ban on women working for domestic or international NGOs and even the United Nations, resulted in arbitrary arrests, detention, and physical violence against women who failed to comply, as well as their male relatives. This environment of oppression also extended to media and civil society, where media outlets were forced to cease operations, journalists were prohibited from publishing content contrary to specific religious interpretations, and arbitrary arrests and detentions were used to suppress dissent and limit freedom of expression.
Background
The Special Rapporteur on the situation of human rights in Afghanistan operates under the mandates established by the Human Rights Council, as outlined in resolutions 48/1, 51/20, and 54/1. These mandates confer upon the Special Rapporteur a series of crucial responsibilities including monitoring and reporting on the evolving state of human rights in Afghanistan, entailing the documentation of developments, violations, and abuses, and the formulation of recommendations for enhancements. The Special Rapporteur also plays a pivotal role in assisting Afghanistan in meeting its human rights obligations as stipulated in international treaties it has ratified. This involves offering guidance and support to ensure the nation's compliance. On 16 March 2023, by its resolution 2678, the Security Council extended the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) until 17 March 2024.
Furthermore, the Special Rapporteur is expected to engage with civil society organisations within Afghanistan, providing support and counsel as needed. An essential aspect of the mandate is the collection and preservation of information related to human rights violations and abuses, alongside the integration of a gender and children's rights perspective into the work. This ensures that the rights and particular needs of women, children, and survivors are consistently taken into account. The Special Rapporteur is obliged to report to the Human Rights Council and the General Assembly, delivering updates and insights into the human rights situation in Afghanistan. It's crucial that all relevant parties fully cooperate with the Special Rapporteur, granting unimpeded access to the country and providing all necessary information to facilitate the successful execution of the mandate.
Panel Discussion
Mr. Volker Türk opened the interactive dialogue by presenting the findings of his latest report, which emphasised the acute impact of this crisis on millions of women, men, girls, and boys in the country. While Afghanistan has grappled with decades of armed conflict, the High Commissioner highlighted that the paradigm enforced by the Taliban since their acquisition of power constitutes a systematic assault on the rights and freedoms of the population, with women and girls bearing a disproportionately heavy burden. Additionally, the country has descended into a severe humanitarian and economic crisis, further aggravating the situation.
Mr. Türk raised significant concerns about the restrictive measures imposed on Afghan women and girls, ranging from bans on their education, mandatory hijab, and limitations on their public activities and NGO employment. He expressed deep apprehension about the repercussions of these repressive actions, including arbitrary detentions and violence against those who resist, emphasising that these violations not only infringe upon women and girls' human rights but also hinder Afghanistan's potential for stability and prosperity. Furthermore, the High Commissioner addressed the systematic erosion of legal frameworks and institutions that had previously protected human rights in Afghanistan. This erosion involves the suspension of the constitution, the rule by edicts, lack of accountability for human rights abuses, restrictions on media freedom, and the use of arbitrary arrests, detentions, and excessive force to suppress dissent. He called upon the international community to tackle Afghanistan's economic challenges and urged influential nations to take action to reverse the current trajectory, which poses threats to human rights, development, and overall security in the country.
The distinguished representative of Afghanistan, stressed their country's commitment to international human rights obligations, highlighting that Afghanistan remains bound by these commitments. They raised concerns about restrictions on women and girls, resulting in severe humanitarian and economic consequences, pushing families, particularly those led by women, into poverty. An example was given of a recent ban on women's work in the health sector, affecting polio vaccination campaigns and access to health services. Urgent humanitarian assistance was underscored as necessary. The representative also pointed out the threats posed by the Taliban's ethnic discrimination and gender apartheid policies, which could hinder the achievement of related Sustainable Development Goals. Widespread and systematic policies targeting women and girls were noted as amounting to gender prosecution, gender apartheid, and crimes against humanity. The representative called for proactive measures to combat impunity and ensure accountability for grave human rights violations, emphasising the importance of any dialogue with the Taliban focusing on respect for human rights and fundamental freedoms in Afghanistan.
The European Union (EU) representative emphasised the rule of edicts, the removal of legal professionals, and the erasure of women from society. The EU called for an end to all human rights violations, abuses, and breaches of international humanitarian law by the Taliban. They underlined Afghanistan's obligations under human rights treaties and urged the Taliban to reverse actions leading to the exclusion of women and the restriction of civic space, including media freedom. The EU stressed the importance of an inclusive political process with equal participation, including women, girls, ethnic and religious groups, minorities, and LGBTI individuals, for sustainable peace and prosperity. They emphasised the need for accountability for human rights violations. The EU inquired about the opportunities and challenges for UNAMA HR and the broader UN system in promoting the rule of law in Afghanistan.
The representative of the Benelux countries, including Belgium, Luxembourg, and the Netherlands, aligned themselves with the EU's statement and expressed their deep concern about the absence of the rule of law and accountability in Afghanistan. They emphasised that the lack of a coherent and predictable legal system in Afghanistan had created an environment of legal uncertainty and fear among the Afghan population, contributing to further instability in an already fragile situation. The focus of their concern was on the exclusion of women from accessing legal aid and practising law, which resulted in significant safety and societal consequences for women and girls.
The Benelux countries called upon the Taliban to immediately reverse their decisions that limit the human rights of Afghans and urged them to adhere to international human rights laws and conventions, to which Afghanistan is a state party. They posed a question to the High Commissioner regarding the opportunities to strengthen local accountability in Afghanistan, particularly for women and girls, and inquired about the support that could be provided by the international community.
The representative of Pakistan, on behalf of the Organization of Islamic Cooperation (OIC), appreciated the High Commissioner's report and highlighted the significance of timely reports for well-informed feedback. They stressed the need to understand Afghanistan's current dire humanitarian and socioeconomic conditions within a historical context. The representative expressed deep concern about the humanitarian crisis, citing issues like malnutrition and lack of access to education. They mentioned a UNICEF report on a children's crisis in Afghanistan, underlining the high risk and challenges faced by the Afghan population. The representative also called for a reconsideration of the suspension of female education and women's involvement in civil society organisations by the de facto Afghan authorities. They emphasised that Afghanistan's challenges had broader regional implications and called for the Human Rights Council to remain attentive to these interconnected issues.
The representative of Liechtenstein conveyed deep concerns about the ongoing deterioration of human rights, particularly for women and girls who still face exclusion from secondary and higher education and severe restrictions on their participation in public life and employment. The representative highlighted the increased levels of sexual and gender-based violence and abuse faced by women and girls, urging the Taliban to honour their commitments to protect their human rights. Concerns were also raised about reported extrajudicial killings, instances of torture, arbitrary arrests, and detentions, with a focus on former government officials since August 2021, and the representative called for preventing further violations and holding perpetrators accountable. Lastly, the Taliban was urged to immediately reverse all legislation and policies curbing women's and girls' human rights, with a strong emphasis on conducting credible investigations into all human rights violations in Afghanistan.
The representative of Ukraine voiced concerns about the ongoing denial of fundamental rights to women and girls by the Taliban in Afghanistan, despite assurances of temporary restrictions. Shehighlighted the accelerated systematic process of denying Afghan women and girls access to justice, education, and work, which are universally recognized basic human rights. Concerns were also raised about the discrimination against women and girls limiting their access to healthcare, with potential consequences for their health and reproductive rights. The representative shared the concerns expressed by the Special Rapporteur on the Situation of Human Rights in Afghanistan and the Working Group on Discrimination against Women and Girls, suggesting that the Taliban's treatment of women and girls in Afghanistan might amount to crimes against humanity and gender apartheid. The delegate of Ukraine called on the Taliban to cease violations against women and girls, align their policies with their promises and international human rights and humanitarian law, and uphold the UN Charter. Ukraine reaffirmed its solidarity with the women of Afghanistan in their ongoing struggle for the protection of their human rights.
The representative from Malta, highlighted the deplorable restrictions on women and girls' freedom of movement, education, and employment, calling for these actions to cease immediately. Reports of women being prevented from travelling abroad for educational purposes were also disturbing, further limiting their rights to education and employment. The representative emphasised that the protection of the rights and freedoms of women and girls is crucial for creating a more inclusive and just society where all members have equal rights and opportunities. He called on the Taliban to reverse discriminatory edicts against women and girls, enabling their full, equal, and meaningful participation in all spheres of life. In conclusion, Malta reiterated strong support for all human rights structures and mechanisms assisting Afghanistan.
In a statement on behalf of the International Organization for the Elimination of All Forms of Racial Discrimination, Martin Browne highlighted the disproportionate repression of freedom in Afghanistan and the increased attacks on ethnic minorities. He noted the report's failure to address education and urged greater state accountability in countering the Taliban's abuses. Mr. Browne connected the Taliban's resurgence to certain states' policies and called for more support, including accessible asylum routes for Afghans. He condemned the escalating attacks against minorities, particularly the Hazara community, and the ongoing restrictions on freedom. The absence of mention of the previous intersessional meeting on education in Afghanistan was a concern, given its importance in combating issues like gender apartheid. Mr. Browne also expressed condemnation of the Taliban's attacks on education and called for collective efforts to counter their abuses and support the Afghan people.
In a joint statement by the Meezaan Centre of Human Rights and the GICJ, Loïc Gasser expressed deep concern about the alarming rollback of human rights in Afghanistan following the Taliban's rise to power. He highlighted issues such as summary executions, enforced disappearances, arbitrary detentions, and discrimination against women, girls, ethnic and religious minorities, and civil society members. Mr. Gasser emphasised the urgent need to address gender persecution as a crime against humanity and urged the Taliban to reverse their mistreatment of women and girls, ensuring their access to education and work, ending reprisals and arbitrary detentions, and eliminating discrimination. He called on the international community to support investigation and accountability mechanisms, grant refugee status to Afghan women and girls based on human rights violations, and uphold the rights of Afghan refugees and migrants. Mr. Gasser urged the UN Human Rights Council and its Member States to press the Taliban to renew the Special Rapporteur's mandate and establish an independent investigative mechanism. Additionally, he called upon the United States of America and other relevant actors to provide full support to those in distress in Afghanistan and assist the country as compensation for the consequences resulting from their intervention and rapid withdrawal.
In a statement on behalf of the Association Ma'onah for Human Rights and the GICJ, Lené Strydom strongly condemned the Taliban's repressive policies against women and girls, emphasising the absence of justice and due process. She highlighted the deterioration of the human rights situation in Afghanistan since the Taliban's takeover in August 2021 and called for collaborative efforts to deliver humanitarian aid and support civil society organisations. Ms. Strydom stressed that the Taliban's policies have denied fundamental rights to women and girls, including freedom of movement, the right to work, access to education, and healthcare. She also noted the Taliban's unrestrained use of violence, calling for continued advocacy to create a brighter and more equitable future for the people of Afghanistan, emphasising that standing idly by as these violations persist is not an option.
The panel discussion on Afghanistan's human rights situation was a stark reminder of the pressing need for immediate action. The international community must remain vigilant and resolute in its efforts to address the violations faced by Afghan women and girls under the Taliban's rule. The Special Rapporteur underscored the importance of sustained engagement and cooperation with civil society organisations, urging states to support the UNAMA mandate.
𝐆𝐞𝐧𝐞𝐯𝐚 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐞𝐧𝐭𝐫𝐞 𝐟𝐨𝐫 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 (𝐆𝐈𝐂𝐉) is deeply concerned about the deteriorating human rights situation in Afghanistan, with a particular focus on the violation of women and girls’ rights. Urgent action is required from Afghanistan's de facto authorities in response to the United Nations High Commissioner for Human Rights' call for fundamental changes. This includes the revocation of discriminatory edicts, harmonisation of domestic laws with international human rights standards, and the establishment of effective legal aid frameworks to protect the rights of women and girls. The cessation of arbitrary arrests and detentions, allegations of torture, and the professionalization of judicial actors are essential steps to uphold the rule of law.
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