{"id":13696,"date":"2023-03-06T12:03:27","date_gmt":"2023-03-06T12:03:27","guid":{"rendered":"https:\/\/swn.af\/en\/?p=13696"},"modified":"2023-03-06T12:03:27","modified_gmt":"2023-03-06T12:03:27","slug":"islamic-emirate-is-increasingly-flouting-fundamental-freedoms","status":"publish","type":"post","link":"https:\/\/swn.af\/en\/2023\/03\/islamic-emirate-is-increasingly-flouting-fundamental-freedoms\/","title":{"rendered":"“Islamic Emirate is increasingly flouting fundamental freedoms”"},"content":{"rendered":"

MONITORING (SW) –\u00a0The United Nations Special Rapporteur on the situation of human rights in Afghanistan, Richard Bennett, has said the Islamic Emirate is increasingly flouting \u201cfundamental freedoms, including the rights of peaceful assembly and association, expression and the rights to life and protection against ill-treatment\u201d and is \u201cruling Afghanistan through fear and repressive policies.\u201d <\/strong><\/p>\n

He has said the authorities\u2019 \u201csystematic violation of the human rights of women and girls\u201d has deepened and asked the Prosecutor of the International Criminal Court (ICC) to consider whether the \u201ccrime of gender persecution\u201d is taking place. As AAN\u2019s Kate Clark reports, he also had words of criticism for the \u2018international community\u2019 and its contribution to the \u201cwidespread extreme poverty and acute food insecurity\u201d faced by millions of Afghans.<\/p>\n

This is Richard Bennett\u2019s second report to the UN\u2019s Human Rights Council and is bleaker than his first, with just glimpses of anything positive. It follows a visit by Bennett to Afghanistan in October 2022, during which he met government officials \u2013 whom he thanks for their cooperation \u2013 human rights defenders, legal professionals, women\u2019s groups, journalists, businesswomen, teachers, clerics, representatives of minority groups, the UN, NGOs and diplomats, and visited Kabul, Bamyan and Panjshir. He will present his report to the UN Human Rights Council today, 6 March 2023.<\/p>\n

What is in the report?<\/em><\/strong><\/p>\n

Bennett\u2019s description of human rights in Afghanistan is of a crisis worsening, of the Islamic Emirate blocking the expression of fundamental freedoms \u2013 to assembly, free speech, and the right to life, and with policies \u201caimed at suppressing communities\u2026 women in particular.\u201d Inclusiveness, he reported, is \u201cnegligible; there is very little tolerance for difference, and none for dissent.\u201d He also criticised the international powers for how their policies contribute to the harm being done to Afghans\u2019 economic rights and right to life. Even so, most of Bennett\u2019s conclusions are directed at the Islamic Emirate. He assessed the various categories of rights in turn.<\/p>\n

Women and girls<\/em><\/strong><\/p>\n

The Special Rapporteur listed the many ways the Taleban are restricting the rights and freedoms of women and girls: banning them from higher education (adding to the ban on secondary schooling), \u201crestrictions in their movement, attire, employment options, ability to seek public office or perform public roles and access to public spaces.\u201d He said that instead of \u201ctaking steps to eliminate discrimination against women\u201d and honouring the Convention on the Elimination of All Forms of Discrimination against Women, to which Afghanistan is a state party, the Taleban authorities are \u201cflagrantly contravening it\u201d and normalising discrimination. By punishing the male relatives of women they consider to be breaking laws and norms, the Taleban \u201cpit men against women, take away the agency of women and girls, and further normalise discrimination and violence against them.\u201d<\/p>\n

He noted, \u201cwith profound concern,\u201d the rise in sexual and gender-based violence against women and girls, including \u201creport of young women found dead, with indications of having been sexually violated.\u201d He said such violence was occurring \u201cwith impunity and with minimal support for victims.\u201d He cited the high number of \u201cunnatural deaths of women and children\u201d taking place in this environment and how restrictions, coupled with the economic and humanitarian crisis, have resulted in forced and child marriage, especially among teenage girls denied an education, widespread reports of depression and suicide. Bennett also noted:<\/p>\n

Human rights defenders, who peacefully protest the increased restrictions on women and girls, are at heightened risk and have been increasingly beaten and arrested. The intention is clearly not only to punish them for protesting, but also to deter others from protesting.<\/em><\/p>\n

The theme of gender-based discrimination, exclusion and harm runs through this report, appearing in almost every section \u2013 economic rights, rule of law, fundamental freedoms, and the rights of disabled people. It also featured in Bennett\u2019s welcoming of the resumption of the International Criminal Court\u2019s (ICC) investigation into war crimes and crimes against humanity in Afghanistan that have allegedly occurred since May 2003.\u00a0[2]<\/sup><\/a><\/span>\u00a0The Special Rapporteur encouraged the ICC prosecutor to \u201ctake note of the unprecedented deterioration of women\u2019s rights\u201d and \u201cconsider the crime of gender persecution.\u201d It is an indication of just how serious he believes the stripping of rights and freedoms of Afghan women and girls is.\u00a0[3]<\/sup><\/a><\/span><\/p>\n

Economic, social and cultural rights<\/em><\/strong><\/p>\n

Afghanistan\u2019s economic crisis, Bennett reported, has resulted in \u201cwidespread extreme poverty and acute food insecurity, which had severely undermined the public health system and impacted the right to work.\u201d He welcomed the United States\u2019 facilitation of Afghanistan\u2019s central bank acquiring new bank notes, and the UN Security Council exempting humanitarian activities from sanctions. However, he expressed concern about the adverse consequences of various actions from international actors, including blocking the central bank from the international banking system. \u201cLargely due to risk averseness on the part of foreign banks,\u201d the humanitarian exemption, Bennett said, has not been effective in mitigating those consequences, while \u201cthe absence of clear guidance on the humanitarian exemption and [due] to its rigid framework\u201d has created difficulties for businesses and international organisations trying to carry out legitimate activities. At the same time, Bennett said he was also disturbed that the Taleban authorities \u201chave not taken all necessary measures to address the dire situation, including meeting fundamental human rights standards, such as reopening girls\u2019 secondary schools and universities.\u201d<\/p>\n

Without international assistance, the Special Rapporteur said the Taleban government will be unable to \u201cmobilize sufficient resources to ensure that the Afghan people enjoy economic, social and cultural rights at the minimum base level.\u201d He added that the United Nations has stressed that \u201cthis cannot be achieved without female aid workers.\u201d<\/p>\n

Bennett noted that two-thirds of Afghan households had reported difficulties in meeting basic food and non-food needs, that healthcare has become unaffordable for many, more children have dropped out of school in order to work, about 700,000 people have lost their jobs since August 2021 and the nature of work itself has deteriorated, with casual work and self-employment, that is poorly paid and unpredictable, on the rise. He is concerned about the \u201clarge unmet portion of humanitarian funding required\u201d by Afghanistan. He also noted the \u201cprecarious circumstances\u201d facing humanitarian workers with local authorities \u201croutinely interfere[ing] and restrict[ing] their operations, contrary to humanitarian principles, hampering the delivery of life-saving support.\u201d He pointed out that \u201cthis dire situation\u201d has been seriously exacerbated by the Taleban\u2019s barring of women from working for NGOs.\u201d<\/p>\n

Minority Rights<\/em><\/strong><\/p>\n

Bennett\u2019s reporting on minority rights covered attacks, forced evictions and political marginalisation. Hazaras, Sikhs, Hindus and other minorities, he said, \u201chave endured historical suffering that has evolved into a form of structural injustice that needs to be addressed, including through transitional justice processes.\u201d He noted minorities\u2019 \u201clow representation in public positions, both at the most senior levels of government (the cabinet has 25 Pashtuns, two Tajiks, two Uzbeks, one Nuristani and no Hazaras) and in the provinces:<\/p>\n

Over the past two decades, locals tended to work in provincial administrations in rough proportion to their presence in an area\u2019s ethnic make-up. However, since the Taliban return to power, the ethnic composition of governance structures has been reconfigured, including at the provincial and district levels. In Bamyan, Daikundi and Ghor Provinces, the Taliban has replaced a number of former government employees at the Departments of Justice, Agriculture and Irrigation, Mines and Petroleum and Education, including at Bamyan University and in the municipalities, almost certainly due to their ethnic affiliation.<\/em><\/p>\n

He also reported that \u201cforces associated with the de facto authorities\u201d have ordered many \u201cHazaras and other locals\u201d to leave their homes and farms, frequently with only a few days\u2019 notice and without giving them a chance to assert their legal rights to the property.\u201d They included \u201cat least 2,800 Hazara residents [who] were forcibly displaced from 15 villages in Daikundi and Uruzgan Provinces in September 2021 alone.\u201d Community representatives who demanded an investigation were, reported Bennett, arrested. He also reported that on 19 December 2022, the largely Uzbek and Tajik residents of Sar-e Pul Province, who protested against their forced eviction and the seizure of 6,000 jeribs [12,000 hectares] of land in eight villages by the Taleban, were \u201creportedly threatened with a military response.\u201d He said the authorities responded to his concerns by saying that, in October 2022, based on a decree by the Supreme Leader, \u201ca regulation was issued to prevent land grabbing and that subsequently a commission and a special court were established to implement the decree.\u201d<\/p>\n

Bennett also noted threats against and attacks on Hazara Shia and other Shia Muslims, Sikhs and Sufis: between 30 August 2021 to 30 September 2022, he said, there were 22 recorded attacks against civilians, with at least 334 killed and 631 injured. Of those, 16 attacks targeted Hazaras, including three against educational facilities. He notes that in the past, the Islamic State in Khorasan Province (ISKP) has claimed such attacks, although not for the most egregious recent assault, on the Kaaj Educational Centre in Dasht-e Barchi in Kabul on 30 September 2022, which killed 54 people and injured 114. Most victims were girls and young women studying for the university entrance exam. He pointed out that after that attack, it took one hour for ambulances to reach the scene and moreover, that the authorities had reportedly \u201cphysically assaulted and humiliated\u201d some family members, denied them access to the site of the attack, and prevented them from transporting victims to hospitals, collecting dead bodies and donating blood. Journalists, he said, were prevented from covering the incident at the site and visiting the hospitals and relatives of the victims were told not to speak to the media.<\/p>\n

Bennett said community representatives, fearing such attacks, said they had requested protection from the authorities in vain. They had also had weapons, authorised by the Republic for guarding educational centres, confiscated and licenses not re-issued. The Special Rapporteur acknowledges \u201cthe counter-terrorism efforts by the de facto authorities against [ISKP], which indicate that they have the capacity to undertake intelligence and investigative work and should be capable of bringing those they believe responsible to justice through the holding of trials that meet international standards.\u201d<\/p>\n

Rule of Law<\/em><\/strong><\/p>\n

Bennett noted the absence of any codification of law, or the issuing of standardised procedures or substantive statutes relating to criminal or civil matters, that police, judges or lawyers could follow. With almost all judges appointed under the Republic fired and prosecutors increasingly sidelined, Bennett said that often, judges, who are now largely religious scholars, are acting as both investigators and adjudicators in contravention of fair trial standards.<\/p>\n

In practice, it appears that the muftis\u00a0<\/em>[mullahs deemed capable of giving rulings, or fatwas, on religious matters]\u00a0have become even more powerful, being involved in pretrial and trial processes, including investigations and the provision of advice on punishment, with judges mainly following their advice. Alarmingly, there are reports that it is common for alleged perpetrators to be detained, sentenced and punished by the police and other security agencies all on the same day, without any semblance of due process or judicial review. There have also been allegations of bribes.<\/em><\/p>\n

Given that court officials are all men, Bennett says women\u2019s access to justice is now severely restricted. They generally need to be accompanied by a man in court, and their testimony may not be allowed at all or given less weight than a man\u2019s.<\/p>\n

Fundamental freedoms<\/em><\/strong><\/p>\n

Bennett said he is deeply concerned about the \u201crapidly shrinking civic space\u201d in Afghanistan. Journalists, he said, have increasingly been \u201csubject to surveillance, intimidation, threats, violence, arrest and detention\u201d and are resorting to self-censorship to try to protect themselves from the authorities. He said members of civil society have reported increased limitations and surveillance of their activities by the authorities, and human rights defenders have been \u201csubjected to intimidation, including by phone calls, visits to their homes, physical and verbal attacks and arbitrary arrest, which have created a climate of fear and sense of desperation.\u201d He said the authorities had raided several civil society organisations, he reported, demanding the names and contact details of the staff and associated individuals, sometimes including family members, and added:<\/p>\n

[The de facto authorities] are increasingly using bureaucratic mechanisms to control civil society organizations. Their requests are incoherent, inconsistent and difficult to interpret. Disclosure requirements have been noted as a major obstacle for several civil society organizations which are required to re-register at the de facto Ministry of Economy.<\/em><\/p>\n

Bennett noted the extra pressure women are under, with female human rights defenders at particularly high risk of harassment. He said the UN, international NGOs and civil society organisations had all expressed concern to him about their female staff being harassed by the authorities. He also reported an increase in the arrests of humanitarian workers, from 3 in 2020 to 76 in the first ten months of 2022.<\/p>\n

Bennett said he is alarmed by Taleban policy towards protesters, the banning of protests, use of excessive force to disperse those who do demonstrate, deployment of arbitrary arrest and detention, abusive interrogations, denial of access to lawyers and other due process rights and coerced confessions. Again, he expressed special concerns for women protesters, who \u201chave been subjected to threats, intimidation, arrest and ill-treatment while in detention.\u201d<\/p>\n

Conflict-related violence<\/em><\/strong><\/p>\n

Bennett is concerned about the ongoing clashes between Taleban and armed opposition forces in Panjshir and other provinces from where he had received \u201ccredible reports and documents\u201d regarding a whole host of violations of the laws of war and human rights by government forces, including:<\/p>\n