International Community Must Not Normalise Taliban Rule In Afghanistan

GENEVA (14 August 2024) – Marking three years since the Taliban seized power in Afghanistan, UN experts* are urging the international community not to normalise the de facto authorities or their human rights violating regime, particularly their institutionalised system of discrimination, segregation, disrespect for human dignity and exclusion of women and girls. They issued the following joint statement:

“Over the past three years, the people of Afghanistan, especially women and girls, have been subjected to an appalling and intensifying attack on their rights and freedoms by a regime that lacks legitimacy and inclusivity, quashes all forms of dissent, represses civil society and the media, and has shown a flagrant disregard for the principles of justice, non-discrimination, equality, and the rule of law. The situation continues to deteriorate, and stronger international action is needed immediately.

In the last year, the Taliban has further entrenched and intensified its system of institutionalised gender-oppression, introducing new discriminatory edicts and practices, and implementing them by harsh and violent means. Since taking power, the de facto authorities have issued more than 80 edicts, directives, and statements which specifically target and restrict the rights of women and girls. The Taliban’s deliberate subjugation of women and girls is widespread and systematic, amounting to crimes against humanity, including the crime of gender persecution. The situation is so severe that many Afghans, especially women, say the situation can be best described as ‘gender apartheid.’ Despite this, Taliban officials have insisted the situation of women and girls is an ‘internal’ matter.

Religious and ethnic minorities, children and youth, persons with disabilities, lesbian, gay, bisexual, transgender and other gender-diverse persons, human rights defenders, health workers, educators, journalists, judges, prosecutors, legal professionals, artists, cultural rights defenders, former security and government officials, and others are also being subjected to serious and targeted human rights violations by the Taliban. These include arbitrary arrests and detentions, unlawful killings, acts tantamount to enforced disappearance, rape and other crimes of sexual violence, and torture and ill-treatment. While we acknowledge efforts to support returnees, we are also concerned that internally displaced persons – including those displaced by disasters– are facing threats of forced eviction from informal settlements by the de facto authorities.

Amid an ongoing humanitarian crisis, we are increasingly concerned about fulfillment of the economic, social, and cultural rights of the people of Afghanistan, which require measures beyond humanitarian aid without benefitting the Taliban de facto authorities. Withdrawal of humanitarian aid and other assistance must not become a new chapter in the abandonment of the Afghan people.

The Taliban’s claim that the rights of over half of Afghanistan’s population is an internal matter is incompatible with Afghanistan’s international obligations and commitments and membership of the United Nations. International law requires that human rights and fundamental freedoms be promoted and protected regardless of economic, political, or cultural systems.

There should be no move to normalise the de facto authorities, unless and until there are demonstrated, measurable, and independently verified improvements against human rights benchmarks, particularly for women and girls. A way forward should integrate human rights benchmarks through a principled, inclusive, coordinated and coherent approach, as proposed in the Security Council-mandated Independent Assessment.

UN Member States must not allow the ongoing situation to become a ‘new normal’. Instead, they must launch a robust and coordinated effort to challenge and dismantle the Taliban’s institutionalised system of gender oppression and dehumanisation of women and girls, and find ways to leverage their power to prevent and stop human rights violations. We call for the adoption of an ‘all tools approach’, which combines accountability and increased documentation, with greater support, solidarity and protection for the people of Afghanistan.

We urge the International Criminal Court to advance its investigation on Afghanistan and issue indictments expeditiously where there is sufficient admissible evidence. We also support efforts to initiate a case against Afghanistan at the International Court of Justice for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and other applicable instruments.

We underscore the importance of ensuring that human rights and the voices of non-Taliban Afghans, in particular women and persons from religious, ethnic or other minority or marginalised communities, are included in political processes and diplomatic engagement.

The people of Afghanistan deserve to live in a country where the rights, dignity, and humanity of all are respected and protected. Now more than ever, is the time for robust international action to meet their demands with increased protection, support and solidarity.”

*The experts: Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan; Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Ana Pelaez Narvaez, Chair of the Committee on the Elimination of Discrimination against Women; Ann Marie Skelton, Chair of the Committee on the Rights of the Child; Alice Jill Edwards, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Cecilia M Bailliet, Independent Expert on human rights and international solidarity; Elizabeth Salmón, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea; Graeme Reid, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons; Astrid Puentes, Special Rapporteur on the human right to a clean, healthy and sustainable environment; George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions; Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Nicolas Levrat, Special Rapporteur on Minority issues; Gina Romero, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; Aua Baldé (Chair-Rapporteur), Gabriella Citroni (Vice-Chair), Grażyna Baranowska, and Ana Lorena Delgadillo Pérez, Working Group on Enforced or Involuntary Disappearances; Farida Shaheed, Special Rapporteur on the right to education; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Irene Khan, Special Rapporteur on freedom of opinion and expression; Beatriz Miranda-Galarza, Special Rapporteur on the elimination of discrimination against persons affected by leprosy (Hansen’s disease) and their family members; Ben Saul, Special Rapporteur on counter-terrorism and human rights; Michael Fakhri, Special Rapporteur on the right to food; Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967; Ms. Margaret Satterthwaite is the Special Rapporteur on the independence of judges and lawyers; Balakrishnan Rajagopal, Special Rapporteur on the right to adequate housing.

© Scoop Media