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This blog post was written in highlight Gender Discrimination and Accountability in Afghanistan, by Alma Bergqvist, Intern at the Afghanistan Programme
In light of the celebration of International Women’s Day on the 8th of March, it seems appropriate to highlight one of the most detrimental setbacks in the fight for women’s rights worldwide.
Human Rights Situation in Afghanistan
Since the Taliban seized power in Kabul in August 2021 and then went on to de facto govern the country, several reforms have been pursued to deprive women of their fundamental human rights – despite their initial promise not to do so. Women and girls are being discriminated against, deprived of an education, and, in some regions, even banned from public spaces without the companionship of a male relative. Before the Taliban took over, there were women in Parliament and women as ministers, diplomats, and judges. Now, the Ministry of Women’s Affairs and the Afghanistan Independent Human Rights Commissions have been abolished, and the governing cabinet has cleared out all women.
In March 2022, the Taliban banned the education of female students above grade six, and in December 2022, they banned education for all Afghan girls. They are not allowed primary and secondary education and cannot attend universities. Violence against women continues athigh levels and has even increased as male family members have become responsible for women’s conduct. At the same time, there are no longer mechanisms for victims to seek protection. Since December 2021, women’s freedom of movement has been restricted. They are told to only leave their homes in case of necessity and must be accompanied by a male relative to travel long distances.
Discrimination in International Law
Afghanistan is a state party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The country, therefore, must work towards equality between the genders and against gender discrimination.
To develop women’s rights, Afghanistan ratified CEDAW and established a Ministry of Women’s Affairs in 2004. For a while, it seemed hopeful for the future of Afghan women. However, as mentioned above, since the Taliban takeover, the situation for women and girls has deteriorated.
The Taliban is de facto ruling Afghanistan and is regarded to be legally obliged to abide by international human rights law. Among other things, their directives and rules violate Article 10 of the CEDAW by not ensuring equal rights to education and Article 11 by not securing women’s right to work. Moreover, they violate Articles 7 and 8 on taking appropriate measures to ensure women can formulate government policy, participate in non-governmental organizations, represent their governments at the international level, and participate in international organizations.
There is no doubt that women in Afghanistan are discriminated against. Worrisome is how much it will restrict women’s lives and its impact on future generations of girls growing up in the country.
Pathways to Justice in Afghanistan
The Human Rights Council has expressed deep concern about the lack of accountability for the rights violations committed in Afghanistan. The Taliban is unwilling to investigate violations and abuses and does not seem to recognize crimes prohibited under international human rights and humanitarian law.
Fighting for human rights through legal means is complex in Afghanistan since the reformation of the justice system has made accountability and legal mechanisms inaccessible. The country no longer has an effective criminal justice system or a functioning rule of law. The Taliban has dissolved the Afghanistan Independent Bar Association (now operating in exile), dismissed female judges and prosecutors, and only let Taliban-approved lawyers work in the Islamic courts – revoking licenses of all current lawyers and not allowing women to renew them. A vacuum has been created where existing laws have lost their effects, including the 2004 Afghanistan Constitution, which guaranteed the separation of powers and the independence of the judiciary. Still, the Taliban hasn’t established a new system.
Another urgent issue is the need for more effective documentation of the violations being perpetrated in Afghanistan. For transnational justice initiatives and future legal proceedings to be successful, it is essential to raise the standard of information available and provide access to this for initiatives to address impunity. However, organizations still active in Afghanistan trying to document these violations face risks, and there is little chance that the Taliban will allow any investigations while they are in power.
Despite the authoritarian rule, women are resilient and resourceful in fighting for their rights, forming new civil society groups, and protesting peacefully. UN Women have gathered stories from the brave women persisting in fighting for their human rights despite how dangerous it has become as human rights defenders are arbitrarily arrested.
What can we do?
In conclusion, all pathways to real accountability are blocked while human rights violations are still being perpetrated, and there is a real risk of impunity. Thus, the relevant question is: what can we do to protect these women and girls who are continuously discriminated against? Activists in Afghanistan and exile work towards guaranteeing the preservation of evidence, the continuance of domestic and international legal proceedings, and persisting restrictions on civil organizations. Afghan women have proven to be resilient, despite their most basic human rights being taken away from them. Therefore, it is the duty of the international community and all of us to make sure these women are not silenced or made invisible. In the noise of news, human rights violations, natural disasters, and everyday life, we must ensure that the women of Afghanistan, increasingly restricted as time passes, are remembered and stay relevant.
Richard Bennett, the UN Special Rapporteur on the human rights situation in Afghanistan, quoted a woman in his most recent country report who said,
“Afghan women know what it means to be resilient and strong, we have endured pain and hardship for years during the conflict, we have buried our sons and daughters, but the pain and fear we feel today for ourselves and our daughters’ futures while feeling forgotten by the international community, is a pain much worse.”
Let us use this international women’s day to read, remember and share the stories of Afghan women.
Photo by Ehimetalor Akhere Unuabona on Unsplash
Gender Discrimination and Accountability in Afghanistan