HRC55: Situation of Human Rights in Afghanistan

The 55th Session of the Human Rights Council

February 22nd, 2024

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 with the Special Rapporteur on the Situation of Human Rights in Afghanistan February 29th, 2024

SR Afghanistan HRC55

By Gilma Villatoro/ GICJ 

Executive summary

On 29 February 2024, the 9th meeting of the 55th Session of the Human Rights Council considered the report of the Special Rapporteur on the Situation of Human Rights in Afghanistan (A/HRC/55/80) during an interactive dialogue. Richard Bennett opened the interactive dialogue by presenting the findings of his latest report, which emphasised the urgent need for the international community to prioritise Afghanistan and its people amidst the deteriorating human rights situation. He stressed the importance of measurable improvements in human rights as prerequisites for Afghanistan's reintegration into the international community. Bennett highlighted the institutionalised discrimination against women and girls by the de facto authorities, labelling it as "gender apartheid" and a crime against humanity. 

Additionally, he called for accountability for past and ongoing violations, particularly addressing the persecution of ethnic and religious minorities and the dire circumstances facing children, including lack of education and forced labour. Bennett urged increased humanitarian support for Afghanistan without legitimising the Taliban regime, emphasising the need for inclusive participation and respect for the rights of all Afghan people, especially women and girls. He urged the international community to stand together to support human rights in Afghanistan, emphasising that human rights are essential for sustainable peace in the region.

The Special Rapporteur highlighted the ongoing deterioration of the rights of women and girls under the de facto authorities. Concerns are raised about the potential normalisation of the Taliban regime by some members of the international community despite their egregious violations of international human rights law, especially towards women and girls. Moreover, the report emphasised the Taliban's failure to uphold their duty to respect international human rights law, even in areas where they claim progress, such as security and anti-narcotics efforts. It posed the question of whether the Taliban are willing or capable of genuine change, given their historical stance on human rights and sovereignty. 

Geneva International Centre for Justice (GICJ) congratulates the Special Rapporteur for his report. GICJ echoes Bennett's condemnation of the systemic discrimination against women and girls by the de facto authorities as "gender apartheid" and a crime against humanity, stressing the imperative for accountability for violations against minorities and children. The call for increased humanitarian aid while maintaining scrutiny of the Taliban regime is crucial, as it underscores the importance of inclusive participation and respect for the rights of all Afghan people, especially women and girls, without legitimising oppressive regimes.

Background

Since the Taliban assumed control in 2021, there have been numerous instances of human rights violations, particularly impacting girls and women; the international community has strongly criticised the Taliban in Afghanistan for prohibiting girls and women from attending secondary school and higher education. However, there has been relatively less focus on the significant negative impact they have also had on boys' education in the country. Boys in various provinces of Afghanistan face a range of newly emerged or intensified obstacles to their education. These challenges include the lack of female educators, a rise in corporal punishment, decreased school attendance, the removal of subjects such as arts, sports, the English language, and civic education, a decrease in educational standards, heightened concerns about attending school, and a diminished sense of optimism about the future. Efforts to ensure children and young adults access educational opportunities must be prioritised.

On 20 December 2022, the Taliban prohibited women from participating in university education. However, their attempts to marginalise women extend beyond restricting educational access. The apparent objective is to establish a society where women lack a presence in public life and are closely supervised by male family members. This agenda was reinforced through the type of education the boys receive in schools, which involves the indoctrination into the Taliban's misogynistic beliefs. Addressing this issue requires a multifaceted approach. Efforts to combat the Taliban's regressive policies must involve not only advocating for the restoration of women's access to education but also challenging the broader narrative that seeks to marginalise women within Afghan society. Empowering women and girls, promoting gender-sensitive education, and fostering a culture of equality and respect are essential to building a more inclusive and equitable society.

Furthermore, environmental factors, such as the sequence of devastating earthquakes in October 2023, impacted 96,000 children and their families in western Afghanistan. Children face the challenge of dealing with the loss of siblings, parents, homes, and disruptions to their education due to the earthquakes, which damaged 21 schools. In addressing this situation, practical measures must be taken to support these affected communities. Immediate relief efforts are crucial to provide essential necessities such as shelter, food, and medical aid. Simultaneously, focusing on long-term solutions is imperative to assist these families in rebuilding their lives. Reconstructing damaged schools is a priority, as education is vital in providing stability and opportunities for children and the country's future development. 

Similarly, poor economic conditions in Afghanistan, a nation struggling with the effects of war, forced children to sacrifice their freedom and childhood for survival; as women are banned from civil society and free mobility, children assume responsibilities and labour to contribute to family sustenance. The nature of the work is dangerous, and the compensation for these children is often minimal or nonexistent. Child labour deprives children of opportunities and the ability to exercise their rights and access education.

Corporal Punishment in Schools 

Inflicting physical punishment on children violates their fundamental human rights. Using violence as ‘discipline’ causes unnecessary pain and suffering, degrades their dignity, and hinders their development, academic success, and mental well-being. According to the UN Committee on the Rights of the Child, all forms of corporal punishment are prohibited by international law. Every child has the right to learn in an environment free from violence. The UN Convention on the Rights of the Child (CRC), ratified by nearly all countries worldwide, including Afghanistan in 1994, outlines children's rights to education, safety, and protection from harm. This convention explicitly bans physical and mental violence, neglect, exploitation, and corporal punishment in all settings, including schools. Afghanistan's 2008 Education Act states in Article 39 that any form of punishment at school is forbidden, even for correction or discipline. However, the de facto authorities in the country do not abide by these laws.

 

In the September 2023 report of the Special Rapporteur on the situation of human rights in Afghanistan, corporal punishment is discussed primarily about civil spaces. The report did not mention corporal punishment in other contexts, and it is essential to recognise the interconnectedness of various forms of violence, particularly when examining the challenges faced by vulnerable groups. Extending this discussion to include its prevalence in educational settings, particularly in schools, is imperative. By contextualising the broader issue of corporal punishment within the specific environment of Afghan schools, the report should shed light on the systemic challenges faced by children and educators alike. It must highlight the urgency of addressing this issue not only as a matter of civil rights but also as a crucial aspect of safeguarding the rights of the child and the right to education in a safe and conducive environment.

Mental Health of Children

The Special Rapporteur expressed deep concern about the escalating mental health challenges faced by children and young people, which are worsened by the limited availability of mental health experts and services. Additionally, it warns that the Taliban's failure to reverse the education ban will exacerbate the exploitation of children through child marriage and child labour. By systematically excluding half of the future generation from the workforce, families will be pushed further into poverty, and denying women and girls access to life-saving medical care and other services will have a devastating impact on the country's future. Depriving children of their right to education not only leads to severe consequences for their mental health, as evidenced by an increase in reports of self-harm and suicide, but it also undermines the personal growth, self-esteem, and overall well-being of girls and boys. 

In Afghanistan, the challenges of poor mental health arise from pervasive poverty, social inequality, and ongoing violence. Many Afghans, born into conflict, have never experienced peace. With over half (57%) of the population requiring emergency humanitarian aid being children, recent assessments reveal that more than a third of them have faced psychological distress due to the loss of family and community members, along with the constant threat of death and injury. Children and adolescents grappling with anxieties and fears urgently require mental health support. The absence of social support manifests in various forms of suffering among children and adolescents, as the quality of their environment significantly shapes their well-being and development. Despite some violence at school, attending school is shown to be a protective factor against specific mental health issues for both boys and girls within this highly vulnerable child population. Research on protective factors should be conducted in places where children's lives, particularly those of young girls, differ significantly from experiences in many other parts of the world. 

International NGOs Banned from Afghanistan 

The directive of June 2023 targeting international nongovernmental organisations (NGOs) initiatives to educate out-of-school children is concerning. UNICEF expressed that reports indicate that the Taliban is expelling international organisations from Afghanistan's education sector and instructing them to transfer their operations to local NGOs. This represents the latest constraint imposed on NGOs operating in the country following the ban enacted in December 2023, which targeted Afghan female staff. This ban was extended to include the United Nations. Education is a fundamental human right and a crucial pathway to breaking cycles of poverty and fostering global development. By inhibiting these efforts, this directive not only denies children their right to learn but denies quality education. It is necessary to provide support and resources to local NGOs in Afghanistan to strengthen their capacity to deliver education services effectively. This includes financial assistance, training programs, and technological support to ensure that local NGOs can adequately fulfil the educational needs of out-of-school children. 

Geneva, 29 February 2024. At the 55th Regular Session of the Human Rights Council, the Special Rapporteur held an interactive dialogue regarding the Situation of Human Rights in Afghanistan (A/HRC/55/80). The floor opened with the Special Rapporteur sharing findings on his recent report, which painted a grim reality of continued deterioration. Urging the Council to prioritise Afghanistan amidst competing agendas, the Special Rapporteur emphasised the fundamental role of human rights in achieving lasting peace. Afghan citizens have called for tangible improvements in international human rights standards before considering normalisation or reintegration into the global community, echoing sentiments in an independent assessment submitted to the Security Council. Moreover, the Special Rapporteur stressed the urgency of addressing long-standing impunity, advocating for collaboration with international accountability efforts and domestic jurisdictions to ensure justice for past and current violations, including gender justice and attacks on ethnic and religious communities.

Highlighting the plight of Afghan women and girls, the Special Rapporteur condemned the de facto authorities for institutionalising discrimination, oppression, and exclusion, amounting to persecution based on gender and potentially constituting "gender apartheid." He pledged to conduct a deeper analysis of this issue in the upcoming June session. Moreover, he underscored the severe impact of such policies on mental health, with widespread reports of depression and suicide, especially among adolescents. The Special Rapporteur also raised concerns about the arbitrary nature of policy implementation and the shrinking civic space, exemplified by the Taliban's intensified censorship and arbitrary arrests of education advocates, human rights defenders, journalists, and artists. Additionally, he drew attention to the dire circumstances facing Afghan children, with many deprived of education, forced into child labour, or subjected to underage marriage, exacerbating cycles of poverty and despair. The Special Rapporteur called on the de facto authorities and the international community to prioritise the protection and well-being of Afghan children, urging increased funding for humanitarian aid to address the mounting humanitarian crisis in the country.

During the interactive dialogue, different countries presented comments and questions to the Special Rapporteur: 

Afghanistan 

The statement, delivered by Afghanistan’s representative, shed light on the nation's deplorable treatment of women and girls, particularly concerning its stance on gender, linguistics, ethnic, religious, and other minorities. Afghanistan stood at the forefront of international concern due to its systematic discrimination and exclusion of women, which manifested in instances of torture, degradation, and even judicial killings. The country's isolation and cultural erosion, compounded by restrictions on media access and a series of public executions, painted a bleak picture of its human rights situation. Despite heightened international scrutiny, high-level meetings failed to inspire hope for the future, underscoring the urgent need for robust accountability measures. Afghanistan emphasised the importance of promoting and respecting human rights, regardless of gender, language, or religion, to ensure its diverse communities' safety, freedom, and sustainability.

 

 

Australia 

Australia initiated the discussion by strongly condemning the Taliban's persistent human rights abuses, particularly their systematic discrimination against women and girls, which led to severe restrictions on their autonomy and agency. The increasing violence and detention targeting individuals based on their dress and activism were alarming. Australia echoed findings indicating that such treatment might have amounted to gender persecution, a crime against humanity, urging the Taliban to fulfil Afghanistan's international human rights obligations. Furthermore, Australia expressed deep concern over the harsh treatment of ethnic and religious minorities, particularly Hazaras, who faced discrimination and targeted attacks. Australia called on the Taliban to ensure the security and protection of Hazaras and all minority groups. Recognising the pivotal role of human rights in Afghanistan's international integration, Australia joined the UN Special Coordinator in urging the Taliban to take decisive actions to uphold human rights, promoting equality, dignity, and prosperity for all Afghans. Seeking guidance from the Special Rapporteur, Australia was committed to supporting establishing an inclusive political process in Afghanistan, where human rights were guaranteed.

The European Union 

The EU representative also expressed deep concern over the severe deterioration of the human rights situation in Afghanistan, condemning the Taliban's systematic violations and abuses. The EU emphasised the importance of respecting all human rights, particularly those of women, girls, ethnic and religious minorities, and LGBTI persons. They called for protection from violence, equal access to work and education, restoration of civic space, and freedom for NGOs, human rights defenders, activists, journalists, and media workers to operate without fear of retaliation. The EU reiterated concerns that persecutions based on gender, ethnicity, and religion may constitute crimes against humanity. Furthermore, they reaffirmed support for the ongoing ICC investigation, the mandate of the special rapporteur, UNAMA, and the appointment of a UN Special Envoy for Afghanistan to coordinate international efforts and ensure accountability. The EU sought insights from the Special Rapporteur regarding the Taliban's claim of progress and how human rights could be integrated into a UN-led engagement process.

Germany 

Germany aligned itself with the EU statement and highlighted the continuing of human rights deterioration in Afghanistan, especially under the Taliban's de facto authorities, emphasising the unparalleled persecution of women and girls, potentially constituting crimes against humanity. Germany voiced concern over ongoing violations, particularly arbitrary arrests of women and girls in Hazara and Tajik-populated areas for alleged dress code violations, public executions, and corporal punishments. They lamented the disappearance of civic space and stressed the regime's failure to address humanitarian crises. Germany urged the Taliban to cease violations immediately, comply with international law, and respect the fundamental rights of all Afghans, especially women, girls, and ethnic and religious minorities. They specifically called for an end to the denial of girls' right to secondary education. Germany sought advice from the Special Rapporteur on how to counteract Afghanistan's further deterioration of human rights.

France

France aligned itself with the Declaration of the European Union as well and echoed its concerns over the deteriorating humanitarian situation and increasing human rights violations perpetrated by Taliban policies. France strongly condemned the systematic violations of women’s and girls' rights by the Taliban, denouncing their gender-based segregation policies as persecution. They urged the immediate reversal of all restrictions imposed on women and girls, including bans on education and employment. France pledged solidarity with Afghan women and men, standing alongside them in their struggle. France highlighted the Taliban’s obstruction of aid delivery to Afghan women and the vulnerable. Seeking to enhance accountability requirements, France asked for insights from the Special Rapporteur on effective levers for accountability.

India

India acknowledged the report presented by the Special Rapporteur on the human rights situation in Afghanistan. First, they mentioned that as a contiguous neighbour and a long-standing development partner of Afghanistan, India underscored its enduring interest in restoring peace and stability in the region. Second, India emphasised the importance of shared priorities, including providing humanitarian assistance, fostering inclusive governance, combating terrorism and drug trafficking, and safeguarding the rights of women, children, and minorities. Third, the representative expressed concern over the then-current humanitarian situation, exacerbated by natural disasters and the return of Afghan refugees; in response to these challenges, India expressed that they provided humanitarian aid, including foodgrains, medicines, winter clothing, and educational scholarships for Afghan students. In conclusion, India reaffirmed its steadfast commitment to the welfare of the Afghan people and pledged continued active support and engagement in their endeavours.

Islamic Republic of Iran

The Islamic Republic of Iran asserted that establishing an inclusive government in Afghanistan, encompassing all segments of society, was crucial for achieving lasting peace. Iran urged the de facto Authorities of Afghanistan to reverse discriminatory policies against women and girls, particularly regarding education and employment, essential for their future prosperity. Moreover, Iran emphasised the interconnected nature of human rights, advocating for holistic improvements in Afghanistan's social and economic situation to positively impact the rights of women and girls. Regarding the consequences of foreign intervention, Iran highlighted the severe damage inflicted on Afghanistan's economic, social, and cultural rights, leading to migration, terrorism, social conflict, and security challenges. Iran sought measures to hold invaders accountable for violating collective and individual rights and to share the responsibility of hosting Afghan migrants.

Italy

Italy aligned itself with the statement delivered by the European Union. It expressed gratitude to the Special Rapporteur for his report, which underscored the continued deterioration of human rights and the dire humanitarian situation in Afghanistan, particularly affecting millions of deprived children. Italy strongly condemned all violations and abuses, with particular concern for the systematic discrimination and violence against women, girls, and ethnic and religious minorities. Italy called on the de facto authorities to protect minority rights, ensure women and girls' access to work and education, and enable their meaningful participation in all spheres of life and political processes. Italy advocated for restoring civic space and the freedom for NGOs, journalists, and media workers to operate without constraint. Italy talked about the importance of holding perpetrators accountable for all violations, including attacks on minorities. In conclusion, Italy reaffirmed its support for the mandates of the Special Rapporteur, UNAMA, the appointment of a UN Special Envoy for Afghanistan, and the ongoing ICC investigation.

Japan 

Japan expressed growing concern about the human rights situation in Afghanistan, particularly regarding discrimination against women and girls. Highlighting the findings of the Special Rapporteur's report, Japan emphasised that the Taliban continued to deny Afghan women and girls access to education beyond sixth grade, to public and political arenas, and to employment opportunities, including via the ban on working for NGOs and the United Nations, thereby further narrowing civic space, especially for women in need. Japan strongly urged the Taliban to immediately reverse these decisions, citing their violation of international human rights law and potential hindrance to humanitarian access. Additionally, Japan pledged approximately 58 million US dollars from the fiscal year's supplementary budget to empower the Afghan people, focusing on projects benefiting women and girls, to be implemented by UN Women and other agencies. Japan committed to continued engagement with the Taliban, alongside the Special Rapporteur and other stakeholders, to advocate for respect for the human rights of all Afghans, including by reversing various restrictions on the rights of women and girls, and to ensure political inclusiveness.

The Kingdom of the Netherlands 

The systematic exclusion of women and girls in Afghan society under the Taliban was deemed alarming, with women being sidelined from public life, a stance considered unacceptable and detrimental to all Afghans. The Netherlands reiterated its support for Afghan women and girls, human rights defenders, journalists, and minority groups while reminding the Taliban of Afghanistan’s international obligations and responsibilities. They called for the immediate reversal of decisions limiting human rights and concurred with the Special Rapporteur that the normalisation of relations was contingent upon tangible progress. The Netherlands commended the Special Rapporteur's vital work in documenting severe human rights violations and stressed the importance of holding those responsible accountable. They sought the Special Rapporteur's assessment of the most effective accountability measures to reverse Taliban decisions curtailing human rights, especially those affecting women and girls.

Permanent Representative of Norway on behalf of the Nordic-Baltic countries:  Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden

The Nordic-Baltic countries acknowledged that documentation was not only vital for accountability but also served as a crucial foundation for Member States as they engaged with civil society and addressed human rights issues; they expressed solidarity with the report's findings. They strongly condemned the severe restrictions imposed on women and girls, which may have amounted to gender persecution, systematically excluding them from essential aspects of society such as employment, education, healthcare, and public participation. Despite facing adversity, they admired the resilience demonstrated by Afghan women and girls. Additionally, they expressed deep concern over the imprisonment of numerous human rights defenders, journalists, and media workers in Afghanistan, as well as the ongoing violations against minorities. They urged the de facto authorities to maintain their cooperation with the Special Rapporteur by granting him unrestricted access to the country. The Special Rapporteur was asked how the international community could contribute to improving the situation for women and girls in Afghanistan and ensuring their voices were heard both nationally and internationally.

Pakistan, on behalf of the Organisation of Islamic Cooperation (OIC)

The OIC Group expressed deep concern over the humanitarian, human rights, and socioeconomic conditions in Afghanistan. They equally expressed concern about the rights of women and girls in the country. Urging the de-facto Afghan authorities to lift restrictions on female education and enable women and girls to contribute to Afghan society, they emphasised the importance of respecting the rights and freedoms of all Afghans, particularly women, children, and minority groups, per Islamic teachings and international obligations. They reiterated the necessity of objectively assessing the complex situation in Afghanistan, considering its historical, security, political, economic, and humanitarian contexts. Recognising that realising the human rights of the Afghan people entails addressing poverty, creating employment opportunities, and providing essential services such as healthcare and education, they reaffirmed their solidarity with the Afghan people. They called on the international community to continue their support. They expressed regret that parts of the report focused on the divisive and controversial theme of “SOGI” (sexual orientation and gender identity), considering such references unwarranted and unhelpful.

South Africa 

South Africa stated that just in a few days, the world will celebrate International Women’s Day, yet as the UN Secretary-General recently reminded us: “Decades of progress on women’s and girls’ rights are being challenged and rolled back”. Nowhere was this more apparent than in the case of Afghanistan, where the level of contempt for the fundamental rights of women and girls was unparalleled. Since taking power in August 2021, the Taliban has issued a range of mandates seeking to restrict the rights of women and girls to education, employment, and health, as well as curtail their freedom of movement, association, and expression. South Africa was particularly disturbed to learn that since January 2024, scores of women and girls in Afghanistan had been arbitrarily detained and subjected to ill-treatment for allegedly violating the dress code, with their release dependent on assurances provided by male family members. As a country that prized the advancement of the fundamental rights and freedoms of all people everywhere, South Africa was concerned about the ongoing subjugation of women and girls in Afghanistan and the institutionalised system of discrimination seeking to erase them from all aspects of public life. The international community can not afford to remain silent, as the struggle of women and girls in Afghanistan is a struggle for women and girls everywhere. Accordingly, South Africa pledged solidarity and echoed their demand for “Bread, Work, Freedom”.

Switzerland 

Switzerland was concerned about the numerous reports that dozens of women and young girls in Afghanistan have been arbitrarily detained and subjected to mistreatment since the beginning of January. The country was alarmed by the fact that women belonging to minority groups were often targeted for such treatment. Two and a half years after seizing power, the Taliban showed no signs of reversing the unacceptable decrees that contributed to excluding women and girls from public space, thereby preventing their participation in political, economic, cultural, and social life. These decisions by the Taliban blatantly violated the rights and freedoms of women and girls. Switzerland was also deeply concerned about human rights violations against ethnic and religious minorities, as well as recent public executions.

UN Women 

UN Women shared the Special Rapporteur’s concern over the deteriorating human rights situation in Afghanistan and the Taliban’s continued and appalling disrespect for the fundamental rights of women and girls, in clear violation of the principles of the Charter of the United Nations. UN Women, IOM and UNAMA regularly consulted diverse Afghan women to ensure their voices were heard. UN Women launched a dedicated consultation process with Afghan women, civil society organisations, and networks to seek their views on the future of Afghanistan and international policymaking. The requests emerging from these processes were transparent. Afghan women urged the international community to remain focused on the situation in Afghanistan and prioritise restoring women’s rights, consistently ensure the representation of Afghan women at the global level, and refrain from recognising the Taliban unless restrictions on women and girls were reversed. The women’s rights crisis in Afghanistan could not be seen in isolation. It risked signalling to all oppressors of women anywhere that attacking women and their rights, silencing their voices, and erasing them from society not only goes unpunished but is quickly normalised. They, therefore, urged the international community to heed the calls of Afghan women with principled leadership and a unified voice.

The United States of America 

They expressed disappointmeat to seeing the already dire situation in Afghanistan continue to deteriorate. The Taliban increasingly restricted opportunities for women to exercise their rights through edicts that constrained and controlled access to education, employment, freedom of dress, and movement. These decrees sought to exclude women from participation in society and predictably deepened Afghanistan’s humanitarian and economic crises. The United States reiterated concern regarding credible reports of human rights abuses, including unjust killings and detention, public executions and floggings, forcible displacement, restriction of Afghans’ exercise of freedom of religion or belief, and mistreatment of Afghan citizens, including former members of the Afghan government and military. They were also gravely concerned about wrongful detentions of U.S. citizens. The international community has to remain resolute and unified in demanding that the Taliban reverse these oppressive measures and unite in the calls for accountability. Afghanistan's future is hinged on the inclusive participation of all Afghans in their society, including women, girls, and members of other marginalised and vulnerable communities. They asked: “Special Rapporteur Bennett, how could the international community better promote accountability for the Taliban for their human rights abuses targeting women and girls when authorities seemed so impervious to the concerns of outsiders?”

A number of civil society organisations were subsequently permitted to speak on the report’s findings. Some of these organisations include: 

Afghanistan Democracy and Development Organisation (ADDO)

The ADDO expressed regret that the discourse remained unchanged regarding the severe human rights violations in their country. Events, such as the three public executions in Ghazni and Jowzjan provinces, underscored the Taliban's pervasive violence and brutality. The notable public attendance at these executions raised concerns, suggesting a troubling societal endorsement of violence across Afghanistan. The speaker posed a question to the Special Rapporteur regarding the Taliban's claims of progress and the assessment thereof. The speaker reflected on the status of commitments made to the council, highlighting numerous failures: The General Amnesty for Former Government Members, where approximately 1700 individuals faced arrest, detention, or worse; the Fair Treatment of Prisoners based on Afghanistan's signed UNCAT, marred by systematic torture and inadequate provisions; the reopening of Girls' Schools after 6th grade, which after 30 months, still denied millions of girls access to education; the establishment of an inclusive government; the respect for Women's Rights, which deteriorated into gender apartheid; and the protection of Minority Rights, with reports of forced enrolment of Ismaili boys in Taliban-led madrasas and targeted attacks on Shia, Hazara, and Sufi groups. HRD+, ADDO, and OMCT urged the international community to act upon their responsibility by establishing an investigation mechanism to hold all perpetrators accountable for these human rights violations and to stand with the people of Afghanistan in this dire situation.

Amnesty International 

Amnesty International welcomed the efforts of the UN Special Rapporteur on Human Rights in Afghanistan but expressed ongoing concern over the lack of accountability for severe past and ongoing violations. The Taliban's deliberate deprivation of women's and girls' rights, documented by Amnesty International, may constitute crimes against humanity, including gender persecution. Extrajudicial killings, torture, arbitrary arrests, and unlawful detention continue under the Taliban with impunity. Amnesty International highlighted the unlawful arrests of women and girls for not adhering to harsh dress codes, primarily targeting Hazara and Tajik areas. The absence of a dedicated mechanism to collect evidence for criminal proceedings is concerning, and Amnesty International urged the Council to establish one in its next resolution on Afghanistan. They asked the Special Rapporteur how his information repository could support future evidence-collection efforts.

Concluding Remarks

The Special Rapporteur, in compliance with resolution 54/1, presented a comprehensive report highlighting the worsening situation of human rights in Afghanistan. The Special Rapporteur reported the unparalleled disrespect for the fundamental rights of women and girls, portraying the reality of the ongoing humanitarian crises and widespread human rights violations. Despite international concerns, women and girls have been systematically oppressed. During the reporting period, the situation for women and girls in Afghanistan worsened, with violations of their rights to education, employment, and participation in public life persisting. The Taliban's enforcement of a strict dress code led to arbitrary detentions and violence against those who did not comply.

Hazara women faced disproportionate discrimination and violence. The arbitrary deprivation of liberty and erosion of the rule of law suffocated women's freedom and created a climate of fear. Gender-based violence remained prevalent, with survivors lacking access to justice and essential services. Online spaces became toxic with hate speech and threats, further silencing women. The Special Rapporteur emphasised the urgent need for international attention and action to protect the rights of Afghan women and girls.

Despite claims of progress in security and economic stabilisation, the de facto authorities continue to flout international human rights law, failing to uphold their commitments, including amnesty for former government officials and guidelines for detainees' treatment.

Geneva International Centre for Justice (GICJ) emphasises the urgency of addressing the human rights crisis in Afghanistan, urging the international community to prioritise the well-being and rights of Afghan citizens while holding the de facto authorities accountable to international standards. We condemn the de facto authorities' continuation to flout international human rights law, failing to uphold their commitments, including amnesty for former government officials and guidelines for detainees' treatment. 

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